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City Council July 19, 2011 Agenda Packet

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  • 1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, July 19, 2011 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 6:30 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation “Americans Disability Act Awareness Day – July 26, 2011” to be accepted by Bernie Coffee, Disability Program Navigator of the Concho Valley Workforce Development Board, Workforce Solutions D. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the July 12, 2011 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any necessary related documents: a. WU-04-11: High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2 Electrical Improvements, Craig, Sheffield and Austin Construction, Inc. (Flower Mound, TX), $3,708,200.00 b. CED-02-11: Business Resource Center Asbestos Abatement, AAR, Inc. (Liberty Hill, TX), $47,000.00 3. Consideration of approving a recommendation of the City of San Angelo Development Corporation (COSADC) to authorize the COSADC President to negotiate the terms of a consulting agreement with AngelouEconomics, Inc. as the firm to design, implement, and deliver a comprehensive Economic Development Strategic Plan for the City of San Angelo, and authorizing the COSADC President to execute a contract with recommended firm on behalf of the corporationCity Council Agenda Page 1 of 5 July 19, 2011
  • 2. 4. Consideration of a recommendation from City of San Angelo Development Corporation (COSADC) to designate $1.4 million from unencumbered COSADC funds to renovate and reuse the former Coke Building at 69 N. Chadbourne as the Business Resource Center 5. Second hearing and consideration of adoption of an Ordinance amending Article 5.100, Alcoholic Beverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beverages of the City of San Angelo Code of Ordinances as related to the Texas Bank Sports Complex and the 29th Street Recreation Area AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX, RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE 6. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo SU 11-01: Apostolic House of Worship AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1202 Preusser Street at northeast corner of Florence and Preusser Streets, approving a Special Use to allow a day care on the site of a religious institutional establishment in a Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 7. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo SU 11-02: Ray Zapata AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located approximately 285’ west of the intersection of Old Knickerbocker Road and South Bryant Boulevard, approving a Special Use to allow placement of a “band stand” or “stage” (categorized as major entertainment event) in a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 8. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo SU 11-03: B.A. & Winkay Reed AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3149 Red Bluff Rd East, approximately 385’ west of the intersection of Red Bluff Rd East and Red Bluff Rd West, approving a Special Use to allow bed-and-City Council Agenda Page 2 of 5 July 19, 2011
  • 3. breakfast establishment in a Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 9. First public hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit "A" of the City of San Angelo Code of Ordinances regarding the maximum permitted accessory building floor area in Ranch & Estate districts AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, OF THE CITY OF SAN ANGELO, TEXAS, BY AMENDING SUBSECTION 402.A.2 PROVIDING A MAXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E) DISTRICTS; BY AMENDING SUBSECTION 203.B.1; PROVIDING FOR ADMINISTRATIVE ADJUSTMENTS PERMITTED FOR FLOOR AREA OF RESIDENTIAL ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver) 10. Consideration of amendment to Vision Plan component of the San Angelo Comprehensive Plan Update adopted in 2009, on properties in the vicinity of Houston Harte Expressway, extending east from North Bell Street to 450’ east of North Montague Street (Presentation by Planning Manager AJ Fawver) 11. Consideration of approval and public hearing of the 2011 Annual Action Plan for use of CDBG and HOME funds and authorizing City Manager to execute the annual applications, required certifications, and related documents (Presentation by Neighborhood and Family Services Director Bob Salas) 12. Update on construction budgets for City Hall, Old Library, Central Plant, and Utility Billing Office and any action related thereto (Presentation by Assistant City Manager Elizabeth Grindstaff) 13. Consideration of issuing Change Order #1 to the contract with Stoddard Construction Management Inc. (SCMI) (PUR-04-10B) for the construction of a basement and the installation and hook up of HVAC Equipment for the City Hall Plaza buildings ($1,811,007.50) and for the additional work related to the Auditorium ($180,856.41) and authorizing the City Manager or his designee to negotiate a contract and execute any related documents (Presentation by Construction Manager David Knapp) 14. Consideration of awarding a bid REC-01-11 for Pool Renovation to Mega Contractors Inc. (Ft. Worth, TX) for in the amount of $2,725,000.00, including an additional $184,113.00 for contingency, landscaping and irrigation outside of the contract, authorizing the City Manager or his designee to negotiate and execute a contract and any related documents (Presentation by Construction Manager David Knapp)City Council Agenda Page 3 of 5 July 19, 2011
  • 4. 15. Consideration of authorizing staff to negotiate an agreement between the City of San Angelo and Texas Outdoors Consulting for professional services for State (PK-01-11) in the amount of $39,450 for the development of a Parks & Recreation Master Plan and a Recreation Use Plan for the Twin Buttes Reservoir and authorizing the Mayor and/or the City Manager to execute said agreement (Presentation by Parks and Recreation Director Carl White) 16. Discussion and possible action regarding the Water Conservation and Drought Contingency Plan (Presentation by Water Utilities Director Will Wilde) 17. Consideration of granting a request from Quicksand Partners, Ltd. to purchase raw water from the City of San Angelo and any action in connection thereto (Presentation by Water Utilities Director Will Wilde) 18. First Public Hearing and consideration of introduction of an Ordinance amending the monthly water base rates and usage rates AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 “MONTHLY WATER RATES” TO REPEAL SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW MONTHLY BASE RATES FOR VARIOUS METER SIZES AND USAGE RATES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Finance Director Michael Dane) 19. Public Hearing and consideration of adopting an Ordinance authorizing the issuance and sale of City of San Angelo, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2011B, for capital improvement projects consisting of improvements and extensions to the Citys water system, including groundwater production facilities and collection, treatment, storage and transmission facilities to develop the hickory well field for the Citys water system; levying an annual ad valorem tax and providing for the payment of said certificates; providing an effective date; and enacting other provisions relating to the subject (Presentation by Finance Director Michael Dane) 20. Discussion of stormwater utility fee revenue, budget expenditures and program activities (Presentation by City Engineer Clinton Bailey) 21. Discussion of the 2011-2012 budget goals, policy, and all City funds, including, but not limited to, the Water Fund, Waste Water Fund, other funds, and fund balances, and any action in connection thereto (Presentation by Finance Director Michael Dane) 22. First Public Hearing and consideration of introduction of an Ordinance amending established boundaries of Single Member District 1 AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY UNINHABITED ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE (Presentation by City Clerk Alicia Ramirez) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 23. Consideration of matters discussed in Executive/Session, if needed 24. Consideration of confirming the Civil Service Commission nominee, Teresa Special, by City Manager and approval of same by City Council 25. Consideration of Future Agenda ItemsCity Council Agenda Page 4 of 5 July 19, 2011
  • 5. 26. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, July 15, 2011, at 5:00 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 July 19, 2011
  • 6. PROCLAMATIONWHEREAS, On July 26, 1990, President George H. Bush signed into law the Americans with Disabilities Act (ADA) to ensure the civil rights of people with disabilities. This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; andWHEREAS, The ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions, increasing full participation in community life. However, the full promise of the ADA will only be reached if public entities remain committed in their efforts to fully implement the ADA; andWHEREAS, On the 21st anniversary of the Americans with Disabilities Act, we the City of San Angelo celebrate and recognize the progress that has been made by reaffirming the principals of equality and inclusion and recommitting our efforts to reach full ADA compliance.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalfof the City Council, do hereby proclaim July 26, 2011 as “ADA AWARENESS DAY”!and do hereby reaffirm our commitment to work toward full ADA compliance in theCity of San Angelo! IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 19th day of July, 2011. THE CITY OF SAN ANGELO ___________________________ Alvin New, Mayor
  • 7. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 803Tuesday, July 12, 2011 Vol. 102 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, July 12, 2011, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, with the exception of Councilmember Adams, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by Reverend David Smith of the Word of Life Church and pledge was led by Meganand Derek Dunn, daughter and son of Becky, Finance Department, and Brian Dunn, Fire Chief.PROCLAMATION AND RECOGNITIONS“Mental Health Awareness Month of July 2011” was accepted by Alejandro Castanon, Conexion HispanaDirector.Finance/Budget Division Senior Budget Analysts Morgan Trainer and Bryan Kendrick for receiving theGovernment Finance Officers Association Distinguished Budget Presentation Award for its 2010-2011 BudgetCertified Public Manager 2011 Graduates through the Texas State University’s William P. Hobby Center forPublic Service: City Engineer Clinton Bailey, Code Compliance Manager James Flores, Director of HumanResources Lisa Marley, City Clerk Alicia Ramirez, Human Resources Manager Veronica Sanchez, AssistantRecreation Manager MaryAnn Vasquez, Police Chief Tim Vasquez, and Civic Events Manager AnthonyWilson.PUBLIC COMMENTPublic comments were made by Benny Salinas, Harvey Graham of 1225 Spaulding, and Councilmember Silvas.Assistant City Attorney Elizabeth Grindstaff stated staff had meet with local TxDOT Representatives regardingthe right of way maintenance on state highways within the city limits and the possibility of the state cutting theurban mowing contract.CONSENT AGENDAAPPROVAL OF THE JUNE 28, 2011 CITY COUNCIL REGULAR MEETING MINUTES
  • 8. Page 804 MinutesVol. 102 July 12, 2011AWARD OF BID WU-09-11 FOR GRANULAR ACTIVATED CARBON MEDIA TO NORIT AMERICAS, INC.(MARSHALL, TX) IN THE AMOUNT OF $190,000.00 AND AUTHORIZATION FOR THE CITY MANAGEROR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTSAUTHORIZATION FOR THE CITY OF SAN ANGELO TO ENTER INTO AN INTERLOCALAGREEMENT WITH THE TOM GREEN COUNTY SHERIFF’S OFFICE FOR THE PURPOSE OFJOINTLY APPLYING FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ANDAUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATEDDOCUMENTSSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGETFOR GRANTS (ANNEX A, PAGE , ORDINANCE 2011-07-074)AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTSMotion, to approve the Consent Agenda, as presented, with the exception of #3, was made by CF and secondedby Councilmember Hirschfeld. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTSELECTION OF BUSINESS AND PROFESSIONAL SERVICE (SAN ANTONIO, TX) FOR EMERGENCYMEDICAL SERVICE (EMS) BILLING AND COLLECTION SERVICE (FD-02-11), AUTHORIZINGSTAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR CITY MANAGER TO EXECUTESAID CONTRACTChief Dunn explained local companies did not bid on the service and such expertise does not exist withinthe community due to the required specialized service, training, software, etc.Motion, to select Business and Professional Services, as presented, was made by Councilmember Hirschfeld andseconded by Councilmember Farmer. Motion carried unanimously.PUBLIC HEARING AND COMMENTAPPROVAL OF AN APPLICATION BY TOTAL ENERGY SERVICES, LLC ON BEHALF OF NABORSWELL SERVICES LTD TO DRILL A TOTAL OF THREE NON PRODUCING TRAINING WELLS ATDEPTHS OF 2000 FEET, 3,000 FEET AND 6,000 FEET ON THEIR PROPERTY LOCATED AT 1214 GASPLANT ROAD IN SUPPORT OF A NEW PERMANENT TRAINING FACILITY FOR OIL FIELDWORKERS IN SOUTHWEST TEXAS, AND APPROVAL OF A PERMIT OR PERMITS TO DRILLTHREE WELLS, TO INCLUDE RECOMMENDED LANGUAGE TO PERMIT AS STATED, ANDAUTHORIZATION FOR THE CITY MANAGER TO EXECUTE OTHER RELATED DOCUMENTS ASMAY BE REQUIREDDevelopment Coordinator Robert Schneeman, Nabors Well Service President Steve Johnson, and Total EnergyServices Technical Project Manager Dave Simon presented background information. Copies of thepresentations are part of the permanent supplement file.Discussion was held on the water resource required for the test wells; possibility of discovering water within theaquifer area and that such disclosure should be included in the permit; safety measures; training methodology;trucking water to the site, recycling the water, and properly disposing the water; gamma ray data; and liabilityconcerns.Motion, to approve the permit or permits, as necessitated and presented, to include permit language to saidapplication regarding the submittal to the City all available data from said project, specifically gamma ray dataand water data, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer.
  • 9. Minutes Page 805July 12, 2011 Vol. 102Public comment was made by Neighbors Well Service worker Dave Gayal.A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 10:24 A.M., Mayor New called a recess.RECONVENEAt 10:41 A.M., Council reconvened, and the following business was transacted:SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE ANIMALSERVICES ADVISORY COMMITTEE RESIDENCY REQUIREMENT (ANNEX B, PAGE 815,ORDINANCE #2011-07-075)AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BYAMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”,SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SANANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTERADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSEDVETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITYFROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTINGMEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVEDATEHealth Services Manager Sandra Villarreal presented background information.Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas.Councilmember Alexander expressed his concern on the residency requirement and the restriction on saidresidency requirement.Public comment was made by Citizen Wendy Brooks.A vote was taken on the motion on the floor. Aye: New, Silvas, Hirschfeld, and Farmer. Nay: Alexander andMorrison. Motion carried 4-2.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ARTICLE 5.100,ALCOHOLIC BEVERAGES REGULATIONS AND DELETING SECTION 8.119, UNLAWFUL TOCARRY ALCOHOLIC BEVERAGES OF THE CITY OF SAN ANGELO CODE OF ORDINANCES ASRELATED TO THE TEXAS BANK SPORTS COMPLEX AND THE 29TH STREET RECREATION AREAAN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO,TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERALOFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLICBEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESSAND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDINGSECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX,RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITSAUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXASBANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND,PROVIDING FOR AN EFFECTIVE DATEParks and Recreation Director Carl White presented background information. A copy of the presentation is partof the permanent supplement file.
  • 10. Page 806 MinutesVol. 102 July 12, 2011Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer.Councilmember Morrison expressed his concern of negative impacts of alcohol near and around youth activitiesand spoke against the ordinance.A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY:Morrison. Motion carried 5-1. Motion carried unanimously.PRESENTATION AND DISCUSSION OF THE U.S. DEPARTMENT OF TRANSPORTATION FEDERALHIGHWAY ADMINISTRATION MANUAL ON UNIFORM TRAFFIC CONTROL DEVICESCity Engineer Clinton Bailey presented background information and distributed an excerpt of the manual. Acopy of the presentation and manual excerpt is part of the permanent supplement file.General discussion was held on the regulatory compliance, uniform treatment of the installation of traffic controldevices, street classification, and obstructions of signs.Councilmember Farmer suggested staff conduct a public meeting, specifically in the TLC area, to educate thepublic of the regulations and compliance of said regulations.DIRECTION TO STAFF TO PRESENT RECOMMENDED CHANGES TO SECTION 12.605 OF THESIGN ORDINANCE REGARDING OFF-SITE REGULATIONS FOR CG AND CG/CH ZONINGDISTRICTS THAT SPECIFY CORRIDORS WHERE SUCH SIGNAGE IS ALLOWEDPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplement file.Discussion was held on the variance criteria and meeting such criteria, the restrictive language and possiblymoderating the language, changing the map based on the growth and changes of the city’s thoroughfares,criteria to quantify the installation of various signage.Direction to staff to present recommended changes to the off-site regulations, specifically the city’s thoroughfaremap and variance criteria related to the installation of signage.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOSU 11-01: Apostolic House of WorshipAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 1202 Preusser Street at northeast corner of Florence and PreusserStreets, approving a Special Use to allow a day care on the site of a religious institutional establishment in aSingle-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplement file.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Morrison. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOSU 11-03: B.A. & Winkay Reed
  • 11. Minutes Page 807July 12, 2011 Vol. 102AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 3149 Red Bluff Rd East, approximately 385’ west of the intersection ofRed Bluff Rd East and Red Bluff Rd West, approving a Special Use to allow bed-and-breakfast establishment ina Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplement file.Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Morrison. Motion carried unanimously.RECESSAt 12:15 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:38 P.M., Council convened in Executive Session under the provision of Government Code, Title 5.Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.Exceptions to Requirement that Meetings be Open, Section 551.072 to discuss the purchase, sale, exchange,lease, or value of real property; and Section 551.087 to discuss an offer of financial or other incentive to acompany or companies with whom the City of San Angelo is conducting economic development negotiationsand which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.OPEN SESSION (continued)At 1:01P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:01P.M., Mayor New called a recess.RECONVENEAt 1:13 P.M., Council reconvened, and the following business was transacted:DENIAL OF A REQUEST FROM QUICKSAND PARTNERS, LTD. TO PURCHASE RAW WATERFROM THE CITY OF SAN ANGELOWater Utilities Director Will Wilde presented background information.Discussion was held on the drought level stages, available water, selling water, equalization channel and relatedtransferred water, north and south Concho pools and transferring the water opposed to evaporation, WaterMaster’s recommendation and bases of his recommendation, diversion points, staggered rates opposed to fixedrates, reviewing and revising the conservation ordinance and drought contingency plan,Motion, to grant the request, as presented, was made by Councilmember Silvas. Motion failed due to lack of asecond.Motion, to grant the request with the limitation of 12 acre feet of water per week until October 31, 2011, wasmade by Councilmember Alexander and seconded by Councilmember Hirschfeld.Public comments were made by Ron Jones of Greystone Engineering and Citizen Jim Turner,
  • 12. Page 808 MinutesVol. 102 July 12, 2011A vote was taken on the motion on the floor. AYE: Alexander, Silvas, and Hirschfeld. NAY: New,Morrison, and Farmer. Motion tied 3-3.RECESSAt 2:21 P.M., Mayor New called a recess.RECONVENEAt 2:32 P.M., Council reconvened, and the following business was transacted:FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOSU 11-02: Ray ZapataAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located approximately 285’ west of the intersection ofOld Knickerbocker Road and South Bryant Boulevard, approving a Special Use to allow placement of a “bandstand” or “stage” (categorized as major entertainment event) in a Light Manufacturing (ML) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplement file.Discussion was held on the timing restriction, security concerns of surrounding property, industrial districtclassification, the type of events proposed for the staging area, noise ordinance provisions, and amplified noiselevels.Public comment was made by Proponent Ray Zapata.Motion, to approve as written, including lifting the recommended time limit restriction, was made byCouncilmember Alexander. Motion failed due to lack of a second.Motion, to introduce the Ordinance, as presented, was made by Mayor New and seconded by CouncilmemberFarmer. Motion carried unanimously.DISCUSSION AND CONSIDERATION OF OVERALL BUDGET GOALS AND POLICYRECOMMENDATIONS RELATED TO:Finance Director Michael Dane presented background information. A copy of the presentation is part of thepermanent supplement file.Water Rates for Long-Term Water SupplyFranchise FeesLandfill Financial Condition and Rate DiscussionOther Budget Related IssuesMr. Dane stated staff will introduce the water rate ordinance and bond issuance ordinance at the next meeting.Discussion was held on the water rate structure. Council agreed to adjust the base water rates by 29% andincrease the remaining classification rates by $1.31 each.Councilmember Silvas left the meeting at 3:29 p.m. and returned at 3:49 p.m.Discussion was held on the current property tax of 81.74 cents and the possibility of reducing said rate by 4cents to 77.74 cents, increasing trash service by $1, increasing all franchise fees to 5%, and the impacts of saidadjustments to the various funds. He stated such adjustments would spread the total cost to all customers,
  • 13. Minutes Page 809July 12, 2011 Vol. 102including non-profits and customers who have not paid such fees before. The consensus of the Council was tomove forward with the proposed adjustments. Staff will present the related ordinances associated with thevarious proposed changes.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed July 12, 2011 Agenda and solicited Councilcomments and suggestions.Councilmember Morrison suggested naming the segment on 50th Street between Travis to Highway 208 asLakeview Memorial Drive and installing naming plaques at City Park in remembrance of the former Fire StationPark.Councilmember Alexander requested further discussion on the South Concho pool.Councilmember Silvas commented on a constituent’s concerns regarding the sagging clothes worn by youngpeople. City Attorney Lysia H. Bowling remarked this is a delicate area and a potential free speech issues. Shestated indecent exposure concerns should be handled as a penal code violation.Budget discussion and related matters.Discussion and review of the water conservation and contingency plan.Quicksand Golf Course owner’s request regarding use of raw water.ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 4:17 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A->>>In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
  • 14. Page 810 MinutesVol. 102 July 12, 2011may be distorted due to equipment malfunction or other uncontrollable factors.)
  • 15. City of San AngeloMemo Date: July 15, 2011 To: Mayor and Councilmembers From: Tom Kerr, Assistant Director of Water Utilities Subject: Agenda Item for July 19, 2011 Council Meeting Contact: Tom Kerr, 657-4209 Caption: Consent Item Consideration of award of bid for WU-4-11 High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2 Electrical Improvements to CSA Construction, Inc. for $3,708,200 and authorizing the City Manager or his designee to execute contract documents. Summary: Bids were received from nine (9) contractors for High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2 Electrical Improvements. The nine contractors that bid are CSA Construction, Inc., Mitchell Enterprises, Legacy Contracting, Holloman Utilities, Red River Construction, Archer Western Construction, Keystone Construction, Gracon Construction, and Purcell Contracting. The low bid was provided by CSA Construction, Inc. History: This project replaces Water Treatment Plant High Service Pump Station No. 1 which dates to the 1950’s and the electrical equipment for High Service Pump Station No. 2 which is 1960’s vintage. These pump stations pump all treated water out of the water plant to all areas of the City. Financial Impact: Funded within the Capital Improvement Program. Related Vision Item N/A Other Information/ CSA Construction, Inc. (Craig, Sheffield and Austin) completed the last expansion Recommendation: of the Water Reclamation Facility in 2003. It is recommended that the bid be awarded to CSA Construction, Inc. and the City Manager or his designee be authorized to execute all related contract documents. Attachments: Bid Tab and Contract Presentation: None Publication: N/A Reviewed by Will Wilde, Water Utilities Director, July 7, 2011. Service Area Director:
  • 16. CITY OF SAN ANGELO BID TABULATION * RFB NO: WU-04-11/High Service Pump-Rehab * July 6, 2011 Mitchell Legacy Holloman Red River Archer Western Keystone Gracon Purcell No. Item CSA Enterprises Contracting Utilities Construction Construction Construction Construction Contracting High Service Pumps-Replacement and 1 Rehabilitation. Stations 1 & 2 $ 3,408,000.00 $ 4,155,000.00 $ 3,667,995.00 $ 3,418,800.00 $ 3,544,400.00 $ 3,440,000.00 $ 4,050,000.00 $ 3,574,000.00 $ 3,613,000.00 2 Additional Work Allowance $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 Design, Provide, Install and Maintain 3 $ 200.00 $ 2,600.00 $ 2,000.00 $ 200.00 $ 2,000.00 $ 2,000.00 $ 2,700.00 $ 1,000.00 $ 2,000.00 Trench Safety System (200 Ft) Total Bid $ 3,708,200.00 $ 4,457,600.00 $ 3,969,995.00 $ 3,719,000.00 $ 3,846,400.00 $ 3,742,000.00 $ 4,352,700.00 $ 3,875,000.00 $ 3,915,000.00 Bid Bond: Yes Yes Yes Yes Yes Yes Yes Yes Yes Bids Mailed To: Big Country Water Works Brownwood TX Archer-Western Contr. Arlington TX Bar Constructors Lancaster TX Benmark Supply Midland TX Boyer, Inc. Houston TX BRH-Garver Construction, LP Houston TX Bryan Construction Bryan TX Cajun Constructors Lewisville TX CAS Construction Co. Wimberly TX Craig, Sheffield and Austin Flower Mound TX Craig, Sheffield and Austin Houston TX Darnell & Dickson San Angelo TX Eagle Contracting Keller TX Garney Companies, Inc. Gardner KS Gracon Construction Mesquite TX HD Supply Waterworks Waco TX Holloman Utilities Converse TX Housley Communication Inc San Angelo TX Joe Moore Pipeline Abilene TX Lambda Construction New Braunfels TX Laughlin-Thyssen, Inc. Houston TX McGraw-Hill Dodge Reports Hot Springs AR Morrison Supply San Angelo TX Oscar Renda Contracting Roanoke TX Purcell Contractors Waco TX R.M. Wright Construction El Paso TX Red River Construction Wylie TX Reece Albert San Angelo TX Roberts Construction San Angelo TX SJ Louis San Antonio TX Texas Water & Soil San Angelo TX US Filter Waco TX Utility Contractor of America Wolfforth TX Western Industrial Supply Amarillo TXO:2011 Agenda Packets07-19-11PUR WU-04-11 Bid Tab
  • 17. City of San AngeloMemo Date: July 8, 2011, 2011 To: Mayor and Councilmembers From: Ron Lewis, Construction and Facilties Manager Subject: Agenda Item for July 19, 2011, Council Meeting Contact: Ron Lewis, Construction and Facilties Maintenance, 481.2773 Caption: Consent Item Consideration of awarding Bid CED-02-11 Business Resource Center Asbestos Abatement and authorizing the Mayor or City Manager to execute any and all necessary related documents: Summary: X 8 Environmental, Inc. collected material samples and prepared an Asbestos in Building Survey dated December 14, 2010. Specifications were prepared by X 8, advertised by the COSA Purchasing Department and sealed bids were received and opened on Wednesday, July 6, 2011. The Request for Bids (RFB: CED-02-11) for Asbestos Abatement from the Former Coca Cola Building (Business Resource Center) located at 69 N. Chadbourne resulted in eight bidder responses. After review and evaluation, AAR, Inc. responded with the lowest responsible bid in the amount of $47,000 (including $3,000 contingency amount) Financial Impact: $47,000 COSADC Funds Other Information/Recommendation: Staff recommends approving RFB: CED-02-11 to abate Asbestos Containing Materials (ACM) from the Former Coca Cola Building (Business Resource Center) located at 69 N. Chadbourne. Staff further asks City Council to allow Renew Environmental, LLC to withdraw their bid, as requested, and direct staff to return their bid bond. Attachments: CED-02-11 Bid Tab RFB CED-02-11 Specifications with Draft Contract Cover of Asbestos in Building Survey - Former Coca Cola – December 14, 2010 Cover of Supplemental Asbestos in Building Survey - Former Coca Cola – May 4, 2011 RFB No. CED-02-11Asbestos Abatement-BRC Presentation: None Publication: NA Reviewed by Director: Shawn Lewis, Director of Community and Economic Development, July 8, 2011 l Page 1
  • 18. CITY OF SAN ANGELO REQUEST FOR BIDS RFB No: CED-02-11Community and Economic Development Division Business Resource Center Asbestos Abatement Contract Documents Specifications City of San Angelo 106 South Chadbourne San Angelo, Texas, 76903 RFB SUBMITTAL DEADLINE No later than May 27, 2010, 2:00 P.M., Local Time
  • 19. Table of Contents This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Bidders are responsible for reading the entire proposal package and complying with all specifications.Table of Contents INVITATION TO BID...................................................................................................................................................... 1 SCOPE OF WORK ......................................................................................................................................................... 1 DOCUMENT, PLANS AND SPECIFICATIONS AVAILABILITY .................................................................................................. 1 DIGITAL FORMAT ......................................................................................................................................................... 1 INSURANCE AND INDEMNIFICATION REQUIREMENTS ......................................................................................................... 1 QUALIFICATION STATEMENT.......................................................................................................................................... 1 PRE-BID CONFERENCE AND SITE INVESTIGATION ............................................................................................................ 1 DELIVERY OF PROPOSAL DEADLINE ............................................................................................................................... 1 REJECTION OF BIDS ..................................................................................................................................................... 2 BID WITHDRAWAL ........................................................................................................................................................ 2 CONFIDENTIALITY......................................................................................................................................................... 2 EQUAL OPPORTUNITY EMPLOYERS ................................................................................................................................ 2 TENTATIVE PROJECT SCHEDULE ................................................................................................................................... 2 POINTS OF CONTACT .................................................................................................................................................... 31. INSTRUCTIONS TO BIDDERS............................................................................................................................ 5 1.1 BIDS ............................................................................................................................................................. 5 1.1.1 Submission of Bid................................................................................................................................... 5 1.1.2 Required Response................................................................................................................................ 5 1.1.3 No Bid Instructions ................................................................................................................................. 5 1.1.4 Modifications – Corrections, Deletions or Additions ............................................................................... 5 1.1.5 Bid Form ................................................................................................................................................. 5 1.1.6 Withdrawal of Bids.................................................................................................................................. 6 1.1.7 Rejection of Bids .................................................................................................................................... 6 1.1.8 Award and Execution of Documents ...................................................................................................... 6 1.1.9 Bid Security ............................................................................................................................................ 7 1.1.10 Return of Bid Security ........................................................................................................................ 7 1.1.11 Interpretations.................................................................................................................................... 7 1.1.12 Taxes and Permits ............................................................................................................................. 7 1.1.13 Examination of Contract Documents ................................................................................................. 8 1.1.14 Familiarization with the Type of Work ................................................................................................ 8 1.1.15 Soils Testing Specifications ............................................................................................................... 8 1.1.16 Subcontractors and Suppliers............................................................................................................ 8 1.1.17 Copies of Contract Documents .......................................................................................................... 9 1.1.18 Performance and Payment Bonds ..................................................................................................... 9 1.1.19 Quantities are Approximate ............................................................................................................... 9 1.1.20 Employment Requirements and Wage Rates .................................................................................... 92. PROJECT AGREEMENT FORM (DRAFT) ........................................................................................................ 153. GENERAL CONDITIONS................................................................................................................................... 33 3.1. GENERAL CONDITIONS ................................................................................................................................. 33 3.2. DEFINITIONS ................................................................................................................................................ 33 3.3. NOTICE TO PROCEED AND THE PRECONSTRUCTION CONFERENCE .................................................................... 35 3.4. OWNERSHIP, COPIES OF DOCUMENTS, AND RECORD DOCUMENTS ................................................................... 35 3.5. COOPERATION BETWEEN CONTRACTORS ...................................................................................................... 35 3.6. SUBCONTRACTS .......................................................................................................................................... 36 3.7. PATENT FEES AND ROYALTIES ...................................................................................................................... 36 3.8. PERMITS, LAWS, TAXES, AND REGULATIONS .................................................................................................. 36 3.9. AVAILABILITY OF LANDS/SITE ....................................................................................................................... 36 3.10. USE OF PREMISES ....................................................................................................................................... 36 3.11. OWNERS STATUS DURING CONSTRUCTION.................................................................................................... 36 i
  • 20. 3.12. OWNERS INTERPRETATIONS AND DECISIONS ................................................................................................. 37 3.13. SHOP DRAWINGS AND SAMPLES ................................................................................................................... 37 3.14. REQUIRED TESTS AND INSPECTIONS BY LAW .................................................................................................. 37 3.15. CONTRACTORS SUPERVISION AND SUPERINTENDENCE ................................................................................... 37 3.16. SAFETY AND PROTECTION ............................................................................................................................ 38 3.17. ACCESS TO THE WORK ................................................................................................................................ 38 3.18. CHANGES IN THE WORK ............................................................................................................................... 38 3.19. CHANGES OF CONTRACT PRICE .................................................................................................................... 39 3.20. EXTRA WORK. ............................................................................................................................................. 39 3.21. CHANGE OF CONTRACT TIME ........................................................................................................................ 39 3.22. NEGLECTED WORK ...................................................................................................................................... 40 3.23. WARRANTY AND GUARANTEE REGARDING DEFECTIVE WORK.......................................................................... 40 3.24. WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS ..................................................................................... 40 3.25. CITYS RIGHT TO STOP OR SUSPEND WORK ................................................................................................... 40 3.26. CITYS RIGHT TO TERMINATE ........................................................................................................................ 41 3.27. CONTRACTORS RIGHT TO STOP WORK OR TERMINATE ................................................................................... 41 3.28. ASSIGNMENT AND SUBLETTING ..................................................................................................................... 41 3.29. ABANDONMENT BY CONTRACTOR.................................................................................................................. 41 3.30. ABANDONMENT BY OWNER........................................................................................................................... 42 3.31. WORKER’S COMPENSATION INSURANCE REQUIREMENTS ................................................................................ 42 3.31.1 Definitions ........................................................................................................................................ 42 3.31.2 Workers’ Compensation Insurance Coverage ................................................................................. 42 3.31.3 Failure to Maintain Adequate Insurance Coverage.......................................................................... 43 3.32. CONTRACT MEASUREMENT AND PAYMENT ..................................................................................................... 43 3.32.1 Quantities and Measurements ......................................................................................................... 43 3.32.2 Estimated Quantities ....................................................................................................................... 43 3.32.3 Price of Work ................................................................................................................................... 44 3.32.4 Partial Payment Estimates .............................................................................................................. 44 3.32.5 Deadline .......................................................................................................................................... 44 3.32.6 Payment .......................................................................................................................................... 44 3.32.7 Warranty .......................................................................................................................................... 44 3.32.8 Approval of Payments ..................................................................................................................... 45 3.33. SUBSTANTIAL COMPLETION .......................................................................................................................... 45 3.34. PARTIAL UTILIZATION ................................................................................................................................... 45 3.35. FINAL PAYMENT .......................................................................................................................................... 45 3.36. PAYMENTS WITHHELD .................................................................................................................................. 46 3.37. DELAYED PAYMENTS ................................................................................................................................... 46 3.38. WORKING DAY ............................................................................................................................................ 46 3.39. CHARACTER OF EMPLOYEES......................................................................................................................... 46 3.40. INSPECTION OF THE WORK ........................................................................................................................... 46 3.41. UNAUTHORIZED WORK ................................................................................................................................. 47 3.42. CONFORMITY WITH CONTRACT DOCUMENTS................................................................................................... 47 3.43. MATERIALS ................................................................................................................................................. 47 3.43.1 Materials and Equipment ................................................................................................................. 47 3.43.2 Right of the City to Modify Equipment and/or Methods.................................................................... 47 3.43.3 Owner Furnished Materials ............................................................................................................. 47 3.43.4 Material Storage .............................................................................................................................. 48 3.44. PROJECT MEETINGS .................................................................................................................................... 48 3.44.1 Pre-construction Meeting ................................................................................................................. 48 3.44.2 Progress Meetings........................................................................................................................... 49 3.45. CONSTRUCTION ADMINISTRATION.................................................................................................................. 49 3.45.1 Notices to Owners and Authorities .................................................................................................. 49 3.45.2 Notification of Street Closing ........................................................................................................... 49 3.45.3 Detours and Barricading .................................................................................................................. 49 3.45.4 Unfavorable Construction Conditions .............................................................................................. 49 3.45.5 Cleaning Up ..................................................................................................................................... 49 3.45.6 Restoration of Work Site .................................................................................................................. 49 3.45.7 Site Administration........................................................................................................................... 50 3.45.8 Load Restrictions ............................................................................................................................. 50 3.45.9 Applicable Codes............................................................................................................................. 50 3.46 SITE INVESTIGATION..................................................................................................................................... 504. SPECIFICATIONS ............................................................................................................................................. 51ii
  • 21. 5. BID FORMS ....................................................................................................................................................... 53 DISCLOSURE OF CERTAIN RELATIONSHIPS ................................................................................................................... 55 DEBARMENT AND SUSPENSION CERTIFICATION ............................................................................................................. 59 CONTRACTOR REFERENCES........................................................................................................................................ 61 LIST OF SUBCONTRACTORS AND SUPPLIERS ............................................................................................................... 63 REQUIRED QUALIFICATION DOCUMENTS....................................................................................................................... 65 BID PROPOSAL .......................................................................................................................................................... 67 iii
  • 22. iv
  • 23. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219INVITATION TO BID Scope of Work The work specified herein shall be the removal and disposal of asbestos-containing materials by competent persons; trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos containing and asbestos contaminated materials and the subsequent cleaning of contaminated areas, who comply with all applicable Federal, State, and Local regulations and are capable of and willing to perform the work of this Contract. The successful bidder shall furnish all necessary labor, supervision, tools, supplies, insurance and required equipment to perform the work in a workman like manner. All work performed is subject o the provisions of Part 40 CFR, Texas Department of Health, all local, State and Federal codes and regulations and these specification.. Asbestos abatement is to be performed for City of San Angelo at: Business Resource Center (Former Coca Cola) 69 North Chadbourne San Angelo, Texas Document, Plans and Specifications Availability Contract documents, including plans and specifications are available and may be examined without charge in the Purchasing Department, 106 South Chadbourne, Room 204, San Angelo, Texas. Bid documents, plans, and specifications may be obtained at the Purchasing Department, 106 South. Chadbourne, Room 204, or they may be downloaded at the City’s website at: 1. www.sanangelotexas.us 2. City Departments 3. Purchasing 4. Bid Information 5. 2011 Bidding Opportunities Digital Format If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Respondents makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation without recourse. Insurance and Indemnification Requirements Insurance and indemnification requirements applicable to this project are included within the draft Project Agreement Form included within this bid package. Please read the bold note at the top of the first page of the draft Project Agreement Form and review the insurance and indemnification requirements listed in Section 5 of that form with your insurance agent prior to submitting your bid. Qualification Statement Prospective bidders should be advised that a qualification statement is required. Pre-Bid Conference and Site Investigation A mandatory pre-bid conference will be held on, May 18, 2010 at 1:30 P.M., Local Time at the Business Resource Center (Former Coca Cola Offices), 69 North Chadbourne, San Angelo, Texas. Representatives of the City will discuss bid conditions and answer questions regarding bid procedures. At this time, all potential bidders must perform a site investigation as a pre-requisite to bid. Delivery of Proposal Deadline Sealed proposals will be received until May 27, 2010, 2:00 PM, Local Time. Bidders are requested to submit one (1) original and two (2) copies of all required bid forms and all other required documents.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 1 
  • 24. Submissions not received by the bidding deadline will be rejected, unopened and returned. The clock located in the Purchasing Department will be the official time The proposal should be addressed as reflected below: USPS City of San Angelo Purchasing Department RFB: CED-02-11 P. O. Box 1751 San Angelo, Texas 76902-1751 Mark Sealed Envelope: “RFB No. CED-02-11/Asbestos Abatement-BRC” Delivery Service: City of San Angelo Purchasing Department RFB: CED-02-11 106 South Chadbourne, Room 204 San Angelo, Texas 76903 Mark Sealed Envelope: “RFB No. CED-02-11/Asbestos Abatement-BRC” Mark Delivery Container/Envelope: “Sealed Bid Enclosed” It is the sole responsibility of the firm to ensure that the sealed submittal arrives at the above location by specified deadline regardless of method chosen by the company for delivery. Bids not received on time will be rejected. Faxed or electronically transmitted submittals will not be accepted Rejection of Bids The City of San Angelo reserves the right to reject all bids, to waive informalities or irregularities, and to reject non-conforming, non-responsive, or conditional bids. Bid Withdrawal No bid may be withdrawn within a period of 30 days after the date fixed for opening bids. Confidentiality All bids submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified. Equal Opportunity Employers All contractors and subcontractors must be Equal Opportunity Employers. Disadvantaged and Minority Bidders are encouraged to participate. Tentative Project Schedule a. Project Walk-through: Friday, May 18, 2011, 1:30 P.M. b. Bid Opening: May 27, 2011, 2011, 2:00 P.M. c. Contract Award: Upon City Council approval (if required) d. Performance and/or Payment Bond Due Date: Immediately following Notice To Proceed. e. Insurance Certificates Due Date to the City: Immediately following Notice To Proceed. f. Construction Meeting: First Day of Project g. Notification Date: In sufficient time to start on the selected start date.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 2 
  • 25. Note: No work may begin until Notice to Proceed is given by the building owner or his representative. No abatement procedures may begin unless the consultants project manager is on site and is notified that work is about to begin. Points of Contact Laura Brooks, Purchasing Specialist Ron Lewis, Manager Purchasing Division Construction and Facilities Maintenance City of San Angelo City of San Angelo P.O. Box 1751 P.O. Box 1751 San Angelo Texas, 76902 San Angelo Texas, 76902 Email: laura.brooks@sanangelotexas.us Email: ron.lewis@sanangelotexas.us Telephone: (325) 657-4219 Telephone: (325) 481-2773RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 3 
  • 26. Intentionally Left BlankRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 4 
  • 27. CITY OF SAN ANGELO PURCHASING DIVISION P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42191. INSTRUCTIONS TO BIDDERS 1.1 BIDS 1.1.1 SUBMISSION OF BID Each Bid and accompanying data shall be enclosed in a sealed opaque envelope or wrapping, addressed to the City of San Angelo, Texas, marked BID ENCLOSED and identified on the outside with the Bidders name and with the bid number and/or title as stated in the Invitation to Bid. The City will not be responsible for the premature opening of any proposal which is not submitted in a satisfactory BID ENVELOPE or which is not properly addressed and identified. If the Bid is sent by carrier (Fed Ex, UPS, etc), the sealed envelope shall be enclosed in the carrier’s packaging with the notation "BID ENCLOSED" on the face thereof. Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 1.1.2 REQUIRED RESPONSE The City requires a response to any RFB’s mailed to potential bidders. Should a company receive an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s Potential Bidders List you must submit a “No Bid”. 1.1.3 NO BID INSTRUCTIONS To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the bidders list. 1.1.4 MODIFICATIONS – CORRECTIONS, DELETIONS OR ADDITIONS No phone, fax, or email changes to bids will be accepted. Prices cannot be changed after bids are opened. Corrections, deletions, or additions shall be submitted in writing and delivered in a sealed envelope prior to bid opening. 1.1.5 BID FORM Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The state of incorporation shall be shown below the corporate name. Bids by partnerships must be executed in the partnership name and signed by a partner; title and the official address of the partnership must be shown below the signature. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant. The names of all persons signing must also be legibly printed below the signature. A Bid by a person who affixes to his signature the word "president", "secretary", “agent", or other designation without disclosing his principle may be held to be the Bid of the individual signing. When requested by the City, evidence of the authority of the person signing shall be furnished. Bid forms must be completed in ink. All blank spaces in the Bid Form shall be filled. A bid price shall be indicated for each item and alternative listed therein, or the words "No Bid", "No Charge", or other appropriate phrase shall be entered. Bids received without all such items completed may be considered non- responsive. The Bidder is not required to acknowledge receipt of Addenda but shall include all addenda in Bidder’s response. No alterations in Bids or alterations made to the printed forms, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 5 
  • 28. 1.1.6 WITHDRAWAL OF BIDS Bids may be modified or withdrawn by contacting the Purchasing Department and requesting withdrawal any time prior to opening of Bids. Notice must be in writing. Notices by email, fax, or phone will not be accepted. 1.1.7 REJECTION OF BIDS The City reserves the right to reject all bids, and does not bind himself to accept the lowest bid or any proposal for this work or any part thereof and shall have the right to ask for new bids for the whole or parts, should he desire to do so. 1.1.8 AWARD AND EXECUTION OF DOCUMENTS It is not the policy of the City to purchase based on low bids alone. The award of the bid, if it is awarded, will be to the Bidder whose qualifications indicate the award will be in the best interest of the City; Bid complies with all the prescribed requirements and provides the best value as determined by the City. In evaluating Bids, the City shall consider the Criteria for determining Lowest Responsible Bidder adopted by the City Council and included herein. The following criteria will be used in determining “best value“:  The overall purchase price;  The quality of the vendor’s goods or services;  Was the bid received within the time and date specified in the Request for Bid (RFB)?  Was the bid executed by a person authorized to sign for the company?  Was pricing provided as requested in the Request for Bids?  Does the bid meet the minimum specifications?  Does the bidder and bidder’s subcontractors have adequate experience and technical experience to successfully fulfill the contract requirements?  Did the bidder provide a list of references to include company or individual name, contact person, phone number?  Does the bidder have a good reputation for their goods and services?  Did the bidder provide a list of projects of similar size and dollar amount as this project?  What is the bidder’s quality and performance on previous City contracts?  Is the bidder on the federal, state, or other department debarment/suspension lists?  Has the bidder been terminated from a project for non-compliance or substandard work?  Does the bidder have the financial resources successfully complete the project? For example, equipment, materials, labor, etc.  Can the bidder provide a performance and payment bond in an amount equal to the total amount of the project?RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 6 
  • 29.  Does the bidder have a permanent place of business?  Does the bidder have a satisfactory safety record?  Does the bidder have adequate staff available to complete the project within the time frame specified?  Can the bidder provide the required insurance coverages as specified?  Does the vendor’s have a good working relationship with the City  Has the bidder or bidder’s subcontractors been convicted of any criminal acts?  The total long-term cost to the City to acquire the vendor’s goods or services; and  Any other relevant factor specifically listed in the request for bids and proposals. In analyzing Bids, the City may take into consideration alternates and unit prices if requested by the Bid forms. The City reserves the right to reject any or all Bids, to waive any or all informalities, and to reject nonconforming, non-responsive, or conditional bids. Failure of the selected Bidder to deliver the required Contract Documents, including the required Bonds and insurance, within thirty (30) days of the Notice of Award to the selected Bidder shall be just cause for the City to annul the award and declare the Bid and any guarantee thereof forfeited, not as a penalty, but as liquidation of damages to the City. 1.1.9 BID SECURITY Each proposal greater than $25,000 must be accompanied by a Bid Bond, Certified or Cashiers Check (on a solvent bank in the State of Texas), drawn to the order of the City in the sum of not less than five percent (5%) of the total amount of the proposal. The bid bond must be executed by a surety meeting the requirements set forth in Section 2, General Conditions. The bid security shall be made payable without condition to the City of San Angelo, Texas. 1.1.10 RETURN OF BID SECURITY The bid security of the successful Bidder will be retained until he has executed the contract agreement and furnished the required Contract Security and insurance, whereupon checks furnished as bid security will be returned. The bid security of any Bidder whom City believes to have a reasonable chance of receiving the award may be retained by City until the day after the required documents are delivered by the selected Bidder to the City but not to exceed 60 days after the Bid opening. Checks furnished as bid security by other Bidders will be returned within 30 days of the Bid opening. 1.1.11 INTERPRETATIONS All questions about the meaning or intent of the Contract Documents shall be submitted to the City in writing at least 10 days prior to bid opening date. Replies will be issued by Addenda mailed, faxed, emailed, or delivered to all parties recorded by the City as having received the bid documents. Questions received less than ten days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect. 1.1.12 TAXES AND PERMITS Attention is directed to the requirements of Section 2, General Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully assessed against the City or Selected Bidder in connection with the Work shall be paid by the selected Bidder. The bid prices shall include all such taxes and the costs of all required permits. The City is exempt from State Sales Tax. The Citys State Sales Tax Exemption Number is 75-6000-659.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 7 
  • 30. 1.1.13 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with the Contract Documents. The submission of a bid shall constitute an acknowledgment that the bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him from any obligations with respect to his bid or to the contract. No claim for extra or additional compensation will be allowed based upon a lack of knowledge of any contract document, and the City will in no case be responsible for any loss or for unanticipated costs that may be suffered by the selected Bidder as a result of conditions pertaining to the work. 1.1.14 FAMILIARIZATION WITH THE TYPE OF WORK Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, local labor conditions and all laws, regulations, and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. 1.1.15 SOILS TESTING SPECIFICATIONS The Contractor will be allowed to conduct soils investigations within the alignment of the proposed Project, as they can be coordinated with the City and appropriate landowners during the Bid preparation phase. All such investigations must be coordinated through the City. 1.1.16 SUBCONTRACTORS AND SUPPLIERS When requested by the City, within 24 hours of bid opening, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the Work. SUBCONTRACTOR QUALIFICATION Particular consideration will be given to the qualifications of each Subcontractor proposed to perform more than 5 per cent (5%) of the Work. The successful Bidder will submit to the City for acceptance a final list of the names of subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) identifying that portion of the Work to be performed by each subcontractor within fourteen (14) days of the issuance of Notice of Award. Subcontractors will be evaluated utilizing “Criteria for Determining Lowest Responsible Bidder” as contained herein. The City will notify the successful Bidder in writing if, after due investigation, there is objection to any Subcontractor, person, or organization on such list. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Additional requirements for subcontractors are contained within Section 2, entitled General Conditions, of this document. The failure of the City to make any such objection prior to the execution and delivery of the Agreement shall constitute an acceptance of such Subcontractor, person, or organization. Such acceptance a Subcontractor, person or organization shall not: (1) constitute a waiver of any right of the City to reject defective Work, Material, or Equipment, or Work, Material, or Equipment not in conformance with the requirements of the Contract Documents; or (2) constitute a waiver of Contractor’s complete and total liability for any defective Work, Material, or Equipment, or Work Material or Equipment not in conformance with the requirements of the Contract Documents whether or not provided by or performed by any such Subcontractor. If the City registers objection to and refuses to accept a Subcontractor, person, or organization list the successful Bidder may either (1) submit an acceptable substitute without an increase in his Bid price or (2) withdraw his Bid. If the City raises objection to a Subcontractor, person, or organization after the execution and delivery of the Agreement, the Contractor will submit an acceptable substitute and the Contract Price shall be increased or decreased by the reasonable difference in cost occasioned by such substitution and an appropriate Change Order shall be issued. In the event that prior objection is raised as described above, but the Contractor fails to submit an acceptable substitute prior to execution and delivery of the Agreement, no increase in Contract Price shall be allowed.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 8 
  • 31. SUPPLIERS The list of Subcontractors shall also include the suppliers and manufacturers of the principal items of materials and equipment the Bidder expects to use in the Work. 1.1.17 COPIES OF CONTRACT DOCUMENTS The selected Bidder to whom a contract is awarded will be furnished, without cost to him, five (5) copies of the specifications and five (5) sets of the drawings, together with all Addenda thereto. Additional copies of specifications and drawings may be obtained from the City at the cost stated in the Invitation to Bid. 1.1.18 PERFORMANCE AND PAYMENT BONDS (a) Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall furnish bond(s) each in a penal sum of at least the full amount of the contract as awarded in the form included in the specifications, which secures the faithful performance of the contract, and for the payment of all persons, firms or corporations to whom the selected Bidder may become legally indebted for labor, materials, tools, equipment, or service, of any nature, employed or used by him in performing the work. Such bond(s) shall bear the same date as or a date subsequent to, the date of the contract. (b) On each such bond the rate of premium shall be stated, together with the total amount of the premium charged. The current power of attorney for the person who signs for any surety company shall be attached to such bond. (c) The failure of the successful bidder to supply the required bonds within thirty (30) days after the prescribed forms are presented for signature, or within such extended period as the City may grant based upon reasons determined adequate by the City, shall constitute a default, and the City may either award the contract to the next responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guarantee. (d) Performance and Payment Bonds shall be delivered to the Purchasing Department. 1.1.18.1 WAIVER OF PERFORMANCE AND PAYMENT BONDS Performance and Payment Bonds may be waived under the following circumstances: 1) The Payment Bond is not required if the contract sum is twenty-five thousand ($25,000.00) Dollars or less, 2) The Performance Bond is not required if the contract sum is less than one-hundred thousand ($100,000.00) Dollars, and 3) The selected bidder provides a current certificate of Insurance listing coverages in the amounts required herein. 1.1.19 QUANTITIES ARE APPROXIMATE The quantities named in the bid-agreement form or separately listed are approximate only, but these are to be used as a basis for the comparison of proposals and to determine the amount of the bonds. However, if a unit price appears to the City to be unbalanced to such an extent that changes in actual quantities required under the contract might result in contract price adjustments which would increase payments to the selected Bidder excessively, then the City may take such a condition under consideration in making the award of the contract. 1.1.20 EMPLOYMENT REQUIREMENTS AND WAGE RATES 1.1.20.1 GENERAL The award of this contract shall be based in part upon payment by the selected Bidder and his Subcontractors of wage rates not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. The selected Bidder shall comply with all requirements of the prevailing wage law of the State of Texas,RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 9 
  • 32. Texas Government Code, Chapter 2258, including the latest amendments thereto. The prevailing wage law does not prohibit payment of more than the general prevailing rate of wages. 1.1.20.2 RECORDS The selected Bidder and each Subcontractor shall keep an accurate record showing the names and occupations of all laborers, workers, and mechanics employed, together with the actual wages paid to each worker. At all reasonable hours, such records shall be open to inspection by the representatives of City. 1.1.20.3 Penalty If the selected Bidder or any Subcontractor fails to comply with the prevailing wage law, he shall forfeit to City sixty dollars ($60.00) per day for each laborer, workman, or mechanic who is paid less than the specified rate, pursuant to §2258.023 of the Texas Government Code. 1.1.20.4 HOURS OF LABOR The selected Bidder shall comply with all requirements of the hours of work on public works defined by Texas Government Code §650.001, including the latest amendments thereto, as an eight (8) hour work day. Violation of this provision is punishable by fine and imprisonment pursuant to §650.003 of the Texas Government Code. 1.1.20.5 VETERANS PREFERENCE Pursuant to Texas Government Code, §657.004, the selected Bidder shall give preference in employment to honorably discharged veterans who were engaged in the services of the United States in time of war or conflict and who are and have been citizens of Texas for not less than five (5) years. 1.1.20.6 PREVAILING WAGE AND HOUR DECISION Chapter 2258 of the Texas Government Code requires contractors and subcontractors performing work on public works contracts to pay wages at a rate consistent with the rate prevailing in the area. Under federal law, the United State Department of Labor is required to maintain a prevailing Wage and Hour decision for each geographical area. Compliance with the published decision meets the requirements of the Texas Government Code. Additionally, the Davis-Bacon Act and other related federal law requires all contractors and subcontractors performing work on federal construction contracts or federally assisted contracts in excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. If more than $2,000 of federal funds are included in the funding source for this project, then the following provisions apply: 1. If the Wage Decision lists fringe benefits, you must either provide the benefits or pay the hourly equivalent in cash in addition to the predetermined wage. 2. Labor classifications not appearing on the Wage Decision will be deferred to the U.S. Department of Labor (DOL) for approval. 3. Certified, original payrolls covering a seven (7) day period (seven consecutive days) must be submitted to the Construction and Facilities Maintenance Department within seven (7) days after a pay period ends. The forms are available online at http://www.dol.gov/esa/forms/whd/wh347instr.htm Each form must be certified, signed, and mailed to: Ron Lewis Construction and Facilities Maintenance City of San Angelo P.O. Box 1751 San Angelo, Texas 76902 4. The General Contractor and all subcontractors must submit the HUD 5282 form authorizing anRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 10 
  • 33. employee to supervise payroll. 5. The General Contractor must review all payrolls prior to submission and certify that all persons employed on the project (including those employed by subcontractors) have been paid the prevailing wage rate as prescribed by the Wage Decision. 6. The Construction Department staff will conduct on-site labor interviews to ensure proper wages are paid. Attached below is the latest Prevailing Wage and Hour Decision currently applicable. The selected bidder will be responsible for compliance with the applicable portion of Davis-Bacon and Related Acts and any such decision applicable at the timework is performed.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 11 
  • 34. General Decision Number: TX100301 10/01/2010 TX301Superseded General Decision Number: TX20080301State: TexasConstruction Type: BuildingCounty: Tom Green County in Texas.BUILDING CONSTRUCTION PROJECTS (does not include single familyhomes or apartments up to and including 4 stories).Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 10/01/2010BOIL0531-001 07/01/2008 Rates Fringes Boilermaker.................... ..............................$ 26.02....... 13.66---------------------------------------------------------------- ENGI0178-004 12/01/2009 Rates FringesOPERATOR: Forklift.............. .......................$ 21.20....... 9.35---------------------------------------------------------------- IRON0263-017 06/01/2008 Rates Fringes Ironworker, reinforcing........ .........................$ 20.90....... 4.60---------------------------------------------------------------- PAIN0053-003 04/01/2008 Rates FringesPainter - Brush, Roller &Spray............................. .................................$ 15.81....... 4.56----------------------------------------------------------------* PLUM0629-019 09/24/2010 Rates FringesPLUMBER/PIPEFITTER..... ...........................$ 21.00 ...... 6.25----------------------------------------------------------------* SUTX2009-173 06/03/2009 Rates FringesBRICKLAYER....................... .........................$ 18.00 ...... 0.00CARPENTER, Includes DrywallHanging, and Form Work..... ..........................$ 13.82 ...... 0.00CEMENT MASON/CONCRETE FINISHER...$ 13.89 ....... 0.00ELECTRICIAN...................... .........................$ 15.85....... 1.47RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 12 
  • 35. IRONWORKER, STRUCTURAL.......... ...........$ 10.84...... 0.00LABORER: Common or General...................$ 9.06........ 0.00LABORER: Mason Tender - Brick... ..............$ 9.13........ 0.00OPERATOR: Backhoe/Excavator..... ............$ 13.81....... 0.00OPERATOR: Blade/Grader.......... .................$ 12.97....... 0.00OPERATOR: Front End Loader....... ..............$ 12.23....... 0.00ROOFER........................... .............................$ 12.06....... 0.00TILE SETTER...................... ..........................$ 8.50 ....... 0.00TRUCK DRIVER..................... .......................$ 10.15....... 0.00----------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.========================================================Unlisted classifications needed for work not included within the scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).------------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectivelybargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined tobe prevailing.------------------------------------------------------------------ WAGE DETERMINATION APPEALS PROCESS1.) Has there been an initial decision in the matter? This can be:* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on a wage determination matter* a conformance (additional classification and rate) rulingOn survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage andHour Regional Office for the area in which the survey was conducted because those Regional Offices haveresponsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then theprocess described in 2.) and 3.) should be followed.With regard to any other matter not yet ripe for the formal process described here, initial contact should be with theBranch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202102.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 13 
  • 36. Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210The request should be accompanied by a full statement of the interested partys position and by any information wagepayment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202104.) All decisions by the Administrative Review Board are final.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 14 
  • 37. CITY OF SAN ANGELO PURCHASING DIVISION P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42192. PROJECT AGREEMENT FORM (DRAFT) NOTICEThis is the City’s standard form of agreement for projects of this type. The specified insurancerequirements in Section 19 are applicable to this project. After bids are opened and the City asdetermined its recommendation, a final agreement for your signature will be prepared. Theappropriate sections will be completed with an accurate summary of the description of work to beawarded and the bid price recommended to Council, including all alternates, options and addendato be awarded. This agreement must be finalized by the CITY, and signed by the Contractor, priorto the award of the bid by the City Council. PERFORMANCE AGREEMENT FOR BUSINESS RESOURCE CENTER ASBESTOS ABATEMENT This Agreement is entered into this ___ day of ____________, 201__, by and betweenthe City of San Angelo, a Texas home-rule municipal corporation, (“City”) and_______________________________, __________________, (“Contractor”). RECITALS A. The City has issued a Request for Bids Community and Economic DevelopmentDivision, Business Resource Center Asbestos Abatement, No. CED-02-11 (“RFB No. CED-02-11”) at San Angelo, Texas (“Proposal”), for the removal and disposal of asbestos-containingmaterials(“ACM”) at the Business Resource Center, formerly known as the Coca Cola Building,located at 69 N. Chadbourne, San Angelo (“Work”); and Contractor’s bid, in response thereto,has been selected as the most qualified proposal for the provision of the Work. B. On _______________, 2011, the City Council of the City of San Angelo,approved the selection of Contractor and authorized the City Manager to execute an agreement(“Agreement”), under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereincontained, Contractor and the City agree as follows:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 15 
  • 38. TERMS1. RECITALS: The recitals are true and correct and are herby incorporated intoand made a part of this Agreement.2. SCOPE OF WORK: A. Contractor agrees to perform all of the Work and furnish all of the material,supplies, tools, equipment, labor, site preparation, mobilization, preparatory clean up work, laydown, bagging, and the removal or abatement of all identified ACM to include: acoustic, ceilingplaster, adhered ceiling tiles with brown glue dots, drywall, base cove, floor tile with mastic, andresilient sheet flooring with mastic, and other services necessary for the completion of the workdescribed in RFB No. CED-02-11. Removal and disposal of ACM shall be by competentperson; trained, knowledgeable and qualified in the techniques of abatement, handling anddisposal of asbestos containing and asbestos contaminated materials and the subsequent cleaningof contaminated areas. Contractor agrees to complete all the Work as specifically described andindicated under the special terms and conditions set forth in the Contract Documents, which bythis reference is incorporated herein by reference in Section 7 of this Agreement. Contractorshall comply with all applicable Federal, State, and Local regulations. B. Contractor represents and warrants to City that: (i) it possesses all qualifications,licenses and expertise required under the Bid proposal for the performance of the Work; (ii) it isnot delinquent in the payment of any sums due City, including payment of permit fees,occupational licenses, etc., nor in the Work of any obligations to City; (iii) all personnelassigned to perform the Services are and shall be, at all times during the term hereof, fullyqualified and trained to perform the tasks assigned to each; and (iv) the Work will be performedin the manner described in the Contract Documents.3. TIME OF PERFORMANCE: Contractor agrees to substantially complete theWork within nineteen (19) consecutive calendar days (“Contract Time”) after the date the Workcommences as established by the Notice to Proceed. Contractor further agrees that approval forbeginning Work on the project will not be given and that Work will not start until all requiredbonds and insurance certificates specified in the bid documents have been received and approvedby the City.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 16 
  • 39. 4. LIQUIDATED DAMAGES: City and Contractor recognize that the time ofperformance is of the essence in this Agreement and that City will suffer financial loss if theWork is not substantially complete within the time specified in Section 3 above, plus anyextensions thereof allowed. Both parties hereto also recognize the delays, expense, anddifficulties involved in proving in a legal proceeding the actual loss suffered by City if the Workis not substantially complete on time. Accordingly, instead of requiring such proof, City andContractor agree that a reasonable estimate of liquidated damages for any delay (but not as apenalty) would be for Contractor to pay City Eight Hundred Fifty Dollars ($850.00) for eachcalendar day that expires after the time specified in Section 3 until the Work is substantiallycomplete. Therefore, Contractor shall pay as liquidated damages Eight Hundred Fifty Dollars($850.00) for each calendar day that expires after the time specified in Section 3 until the Workis substantially complete.5. CONTRACT PRICE: City shall pay to Contractor for performance of the Workembraced in this Agreement, and Contractor shall accept as full compensation therefore, the BidPrice of ________________________________ and __/100 Dollars ($_________) subject toadjustment only as provided by approved change order, for all Work covered by and included inthe Contract award; payment thereof to be made in current funds in the manner provided inparagraph 2 below.6. PAYMENT PROCEDURES: A. Contractor shall submit Applications for Payment in accordance with the GeneralConditions as shown in RFB No. CED-02-11 and City shall process the Applications forPayment in accordance with the General Conditions, except that progress payments and the finalpayment under this Agreement shall be made as set as follows: 1) Progress Payments. City shall make progress payments of the Contract Price on the basis of Contractor’s applications for payment on or about the thirtieth (30th) day after submittal of the application for payment each month in accordance in Chapter 2251, Texas Government Code, and as provided below. All progress payments shall be based upon the progress of the Work, measured as provided for in the General Conditions.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 17 
  • 40. a) The Contractor shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Partial payment retainage shall not exceed five percent (5%) of the total bid price. Upon approval of the value by the City, it shall be incorporated into the form of a Partial Payment Estimate furnished by the Contractor. b) If payment is requested by the Contractor on the basis of materials on hand, not in place, but delivered and suitable stored at the site or at another location agreed to in writing, the Partial Payment Estimate shall also be accompanied by such supporting data, satisfactory to City, as well establish its interest therein, including applicable insurance. Payment for material on hand but not installed will not constitute acceptance of material an inspected and approved for installation. c) Upon substantial completion as described in the General Conditions, City shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price, less such amounts, if any, City determines should be deducted in accordance with the General Conditions. 2) Final Payment. Upon completion and acceptance of the Work by City in accordance with the General Conditions, City shall pay the remainder of the Contract Price7. CONTRACT DOCUMENTS: The following documents from the City of SanAngelo are incorporated herein by reference for all purposes, as if fully set out verbatim:  Request for Bid Community and Economic Development Division, Business Resource Center Asbestos Abatement No. CED-02-11 (“RFB No. CED-02-11”)  All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation number as of the time this Agreement is entered by Contractor and City.8. ADDITIONAL CONTRACTOR’S REPRESENTATIONS: A. In order to induce City to enter into this Agreement, Contractor makes thefollowing representations to City: 1) Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state and local laws.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 18 
  • 41. 2) Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations or similar data are, or will be required by Contractor for such purposes. 3) Contractor has given City advanced written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents prior to bidding and the written resolution thereof by City is acceptable to Contractor. 4) Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner.9. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that anyinformation, document, report or any other material whatsoever which is given by City toContractor or which is otherwise obtained or prepared by Contractor pursuant to or under theterms of this Agreement is and shall at all times remain the property of City. Contractor agreesnot to use any such information, document, report or material for any other purpose whatsoeverwithout the written consent of City, which may be withheld or conditioned by City in its solediscretion.10. AUDIT AND INSPECTION RIGHTS: A. City may, at reasonable times, and for a period of up to three (3) years followingthe date of final payment by City to Contractor under this Agreement, audit, or cause to beaudited, those books and records of Contractor which are related to Contractor’s performanceunder this Agreement. Contractor agrees to maintain all such books and records at its principalplace of business for a period of three (3) years after final payment is made under thisAgreement. B. City may, at reasonable times during the term hereof, inspect Contractor’sfacilities and perform such tests, as City deems reasonably necessary, to determine whether thegoods or services required to be provided by Contractor under this Agreement conform to theterms hereof and/or the terms of the Solicitation Documents, if applicable. Contractor shallmake available to City all reasonable facilities and assistance to facilitate the performance oftests or inspections by City representatives.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 19 
  • 42. 11. AWARD OF CONTRACT: Contractor represents and warrants to City that it has notemployed or retained any person or company employed by City to solicit or secure thisAgreement and that it has not offered to pay, paid, or agreed to pay any person any fee, Council,percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the awardof this Agreement.12. PUBLIC RECORDS: Contractor understands that the public shall have access, atall reasonable times, to all documents and information pertaining to City agreements, subject tothe provisions of Chapter 552, Texas Government Code, and agrees to allow access by City andthe public to all documents subject to disclosure under applicable law. Contractor’s failure orrefusal to comply with the provisions of this section shall result in the immediate cancellation ofthis Agreement by City.13. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractorunderstands that agreements between private entities and local governments are subject to certainlaws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Contractor agree to comply with and observe all applicable laws, codesand ordinances as they may be amended from time to time.14. INDEMNIFICATION: Contractor shall indemnify, defend and hold harmless Cityand its officials, employees and agents (collectively referred to as “Indemnitees”) and each ofthem from and against all loss, costs, penalties, fines, damages, claims, expenses (includingattorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury toor death of any person or damage to or destruction or loss of any property arising out of,resulting from, or in connection with (i) the performance or non-performance of the servicescontemplated by this Agreement which is or is alleged to be directly or indirectly caused, inwhole or in part, by any act, omission, default or negligence (whether active or passive) ofContractor or its employees, agents or subcontractors (collectively referred to as “Contractor”),regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrentor contributing) by any act, omission, default or negligence (whether active or passive) of theIndemnitees, or any of them or (ii) the failure of the Contractor to comply with any of theRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 20 
  • 43. paragraphs herein or the failure of the Contractor to conform to statutes, ordinances, or otherregulations or requirements of any governmental authority, federal or state, in connection withthe performance of this Agreement. Contractor expressly agrees to indemnify and hold harmlessthe Indemnitees, or any of them, from and against all liabilities which may be asserted by anemployee or former employee of Contractor, or any of its subcontractors, as provided above, forwhich the Contractor’s liability to such employee or former employee would otherwise belimited to payments under state Workers’ Compensation or similar laws.15. DEFAULT: If Contractor fails to comply with any term or condition of thisAgreement, or fails to perform any of its obligations hereunder, then Contractor shall be indefault. Upon the occurrence of a default hereunder City, in addition to all remedies available toit by law, may immediately, upon written notice to Contractor, terminate this Agreementwhereupon all payments, advances, or other compensation paid by City to Contractor whileContractor was in default shall be immediately returned to City. Contractor understands andagrees that termination of this Agreement under this section shall not release Contractor fromany obligation accruing prior to the effective date of termination. Should Contractor be unableor unwilling to commence to perform the Services within the time provided or contemplatedherein, then, in addition to the foregoing, Contractor shall be liable to City for all expensesincurred by City in preparation and negotiation of this Agreement, as well as all costs andexpenses incurred by City in the re-procurement of the Services, including consequential andincidental damages.16. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agreesthat all disputes between Contractor and City based upon an alleged violation of the terms of thisAgreement by City, shall be submitted to the City Manager for his/her resolution, prior toContractor being entitled to seek judicial relief in connection therewith. In the event that theamount of compensation hereunder exceeds $25,000.00 the City Manager’s decision shall beapproved or disapproved by City Council. Contractor shall not be entitled to seek judicial reliefunless: (i) it has first received the City Manager’s written decision, approved by City Council ifthe amount of compensation hereunder exceeds $25,000.00 or (ii) a period of sixty (60) days hasexpired, after submitting to the City Manager a detailed statement of the dispute, accompaniedby all supporting documentation (90 days if the City Manager’s decision is subject to CityRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 21 
  • 44. Council approval); or (iii) City has waived compliance with the procedure set forth in thissection by written instruments, signed by the City Manager.17. CITY’S TERMINATION RIGHTS: A. City shall have the right to terminate this Agreement, in its sole discretion, at anytime, by giving written notice to Contractor at least five (5) business days prior to the effectivedate of such termination. In such event, City shall pay to Contractor compensation for servicesrendered and expenses incurred prior to the effective date of termination. In no event shall Citybe liable to Contractor for any additional compensation, other than that provided herein, or forany consequential or incidental damages. B. City shall have the right to terminate this Agreement, without notice toContractor, upon the occurrence of an event of default hereunder. In such event, City shall notbe obligated to pay any amounts to Contractor and Contractor shall reimburse to City allamounts received while Contractor was in default under this Agreement.18. INSURANCE: Contractor shall, at all times during the term hereof, maintain suchinsurance coverage as may be required by City. All such insurance, including renewals, shall besubject to the approval of City for adequacy of protection and evidence of such coverage shall befurnished to City on Certificates of Insurance indicating such insurance to be in force and effectand providing that it will not be canceled during the performance of the services under thisAgreement without thirty (30) calendar days prior written notice to City. Completed Certificatesof Insurance shall be filed with City prior to the performance of services hereunder, provided,however, that Contractor shall at any time upon request file duplicate copies of the policies ofsuch insurance with City. If, in the judgment of City, prevailing conditions warrant the provision by Contractor ofadditional liability insurance coverage or coverage which is different in kind, City reserves theright to require the provision by Contractor of an amount of coverage different from the amountsor kind previously required and shall afford written notice of such change in requirements thirty(30) days prior to the date on which the requirements shall take effect. Should the Contractor failor refuse to satisfy the requirement of changed coverage within thirty (30) days following City’swritten notice, this Agreement shall be considered terminated on the date that the requiredchange in policy coverage would otherwise take effect.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 22 
  • 45. 19. SPECIAL INSURANCE AND INDEMNIFICATION RIDER:GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY,DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSIONMEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS ANDEMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALLCLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES,FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BYANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OFCONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, ORLOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF,THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNERATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE ORFAULT OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR THE JOINTNEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS ACONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENTOR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHINGCLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTORHEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THISAGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHINGHEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWNGROSS NEGLIGENCE OR WILLFUL MISCONDUCT.ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TOINDEMNIFY, DEFEND AND HOLD CITY AND ITS COUNCIL MEMBERS, BOARDAND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES,CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINSTANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS JUDGMENTS, COSTS,PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSESASSERTED BY LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES ORRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 23 
  • 46. PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTINGFROM OR ARISING OUT OF CONTRACTOR’S HANDLING, COLLECTION,TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/ORREUSE BY ANY PERSON UNDER CONTRACTOR’S DIRECTION OR CONTROL OFWASTE COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUPASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCHCLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACEWATER CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TOINDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS,DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDERCERCLA CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OFWHEN SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BERESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION ORANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OROMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT ISDISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION SHALLIN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANYENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND.PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR INTHIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENTAND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIESTO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOTONLY DURING THE TERM OF THIS AGREEMENT BUT THEREAFTER SO LONGAS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FORCLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TOANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THISAGREEMENT.RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THISAGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTSOCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELYRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 24 
  • 47. TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THETERM OF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR.APPLICATION TO SURROUNDING PROPERTY, THE INDEMNIFICATIONPROVISIONS OF THIS AGREEMENT EXTEND TO CLAIMS AND ASSESSMENTSRELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAYOCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFERSTATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREASWHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OFTHIS CONTRACT OR PREVIOUS AGREEMENTS BETWEEN CITY ANDCONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FORANY SITE IT HAS NEVER USED, CLOSED, MANAGED OR MONITORED.INSURANCE: A. GENERAL CONDITIONS. The following conditions shall apply to allinsurance policies obtained by Contractor for the purpose of complying with this Agreement. 1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 2) Named Insureds. All insurance policies required herein shall be drawn in the name of Contractor, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 3) Waiver of Subrogation. Contractor shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. 4) Certificates of Insurance. At or before the time of execution of this Agreement, Contractor shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide thatRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 25 
  • 48. any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal, or material change in the policy of insurance. In addition, Contractor and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 106 S. Chadbourne or P.O. Box 1751, San Angelo, Texas 76902. 5) Contractor’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Agreement. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. 6) Subcontractors’ Insurance. Contractor shall cause each Sub-Contractor and Sub-Sub-Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Sub-contractors and Sub- Sub-Contractors to furnish copies of certificates of insurance to Contractor’s Risk Manager evidencing coverage for each Sub-Contractor and Sub-Sub-Contractor. B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Contractor shallobtain and continuously maintain in effect at all times during the term hereof, at Contractor’s soleexpense, insurance coverage as follows with limits not less than those set forth below: 1) Commercial General Liability. This policy shall be an occurrence-type policy and shall protect the Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Contractor’s employees) and damage to property of the City or others arising out of the act or omission of the Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under theRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 26 
  • 49. paragraph of this Agreement entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage limits shall not be less than: $2,000,000.00 General Aggregate $1,000,000.00 Products – Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) 2) Business Automobile Liability. This policy shall be written in comprehensive form and shall protect Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall be as follows: $ 500,000.00 Each Accident Limit 3) Workers’ Compensation and Employer’s Liability. If Contractor hires any employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the Contractor against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claim for injury, disease or death of employees which for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than: Statutory Amount Workers’ Compensation $ 500,000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Each Employee $ 500,000.00 Employer’s Liability, Disease - Policy Limit The foregoing requirement will not be applicable if, and so long as, Contractor qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to City in accordance with the notice provisions of this Agreement.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 27 
  • 50. If Contractor uses contract labor, Contractor shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.20. NONDISCRIMINATION: Contractor represents and warrants to City that Contractordoes not and will not engage in discriminatory practices and that there shall be no discriminationin connection with Contractor’s performance under this Agreement on account of race, color,sex, religion, age, handicap, marital status or national origin. Contractor further covenants thatno otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,handicap, marital status or national origin, be excluded from participation in, be denied services,or be subject to discrimination under any provision of this Agreement.21. ASSIGNMENT: This Agreement shall not be assigned by Contractor, in whole or inpart, without the prior written consent of City’s, which may be withheld or conditioned, in City’ssole discretion.22. NOTICES: All notices or other communications required under this Agreement shallbe in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, returnreceipt requested, addressed to the other party at the address indicated herein or to such otheraddress as a party may designate by notice given as herein provided. Notice shall be deemedgiven on the day on which personally delivered; or, if by mail, on the fifth day after being postedor the date of actual receipt, whichever is earlier. CITY CONTRACTOR City of San Angelo Attn: Ron Lewis Attn: P.O. Box 1751 San Angelo, Texas 76902 Phone: (325) 481-2773 Phone: (___) ___-____ Fax: (325) 486-3773 Fax: (___) ___-____23. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the Stateof Texas.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 28 
  • 51. B. Title and paragraph headings are for convenient reference and are not a part ofthis Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiverof any subsequent breach of the same or any other provision hereof, and no waiver shall beeffective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in thisAgreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwiseunenforceable under the laws of the State of Texas or City of San Angelo, such provision,paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order toconform with such laws, or if not modifiable, then same shall be deemed severable, and in eitherevent, the remaining terms and provisions of this Agreement shall remain unmodified and in fullforce and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the partieshereto. No modification or amendment hereto shall be valid unless in writing and executed byproperly authorized representatives of the parties hereto.24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the partieshereto, their heirs, executors, legal representatives, successors, or assigns.25. INDEPENDENT CONTRACTOR: Contractor has been procured and is beingengaged to provide services to City as an independent contractor, and not as an agent oremployee of City. Accordingly, Contractor shall not attain, nor be entitled to, any rights orbenefits under the Civil Service or Pension Ordinances of City, nor any rights generally affordedclassified or unclassified employees. Contractor further understands that Texas Workers’Compensation benefits available to employees of City are not available to Contractor, and agreesto provide workers’ compensation insurance for any employee or agent of Contractor renderingservices to City under this Agreement.26. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on theavailability of funds and continued authorization for program activities and the Agreement issubject to amendment or termination due to lack of funds, reduction of funds and/or change inregulations, upon thirty (30) days notice.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 29 
  • 52. 27. REAFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of therepresentations contained in the Solicitation Documents.28. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject toall Attachments hereto, to all of the attachments, provisions, requirements, federal, state andlocal laws, rules and regulations as of the effective date hereof, and to any and all requirements,whether federal, state or local, verbal or written, placed upon the City. All of the foregoing arehereby made a part of this Agreement and incorporated herein by reference as if fully set outherein.29. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole andonly agreement of the parties relating to the subject matter hereof and correctly set forth therights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,negotiations, or representations not expressly set forth in this Agreement are of no force oreffect.30. COUNTERPARTS: This Agreement may be executed in two or more counterparts,each of which shall constitute an original but all of which, when taken together, shall constituteone and the same agreement. [Signature Page to Follow]RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 30 
  • 53. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed bytheir respective officials thereunto duly authorized, this the day and year above written. “City” CITY OF SAN ANGELO, a municipalATTEST: corporation_______________________________ By:______________________________Alicia Ramirez, City Clerk Harold Dominguez, City Manager “Contractor”ATTEST: __________________________________, a _____________ corporation______________________________ By:_______________________________Print Name: Print Name:Title: Corporate Secretary Title: PresidentRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 31 
  • 54. APPROVED AS TO CONTENT: APPROVED AS TO FORM:______________________________ __________________________________Ron Lewis, Manager Facilities/Maintenance Lysia H. Bowling. City AttorneyAPPROVED AS TO CONTENT: APPROVED AS TO INSURANCE REQUIREMENTS:Robert Schneeman, COSADC John Seaton, Risk ManagerRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 32 
  • 55. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42193. GENERAL CONDITIONS 3.1. GENERAL CONDITIONS The conditions contained herein are generally applicable to the Work described. Contractor and City agree to interpret and enforce the terms and conditions contained within this section only insofar as they are applicable to the Work. 3.2. DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: AGREEMENT The written agreement between the City and the Contractor covering the Work to be performed, including the Request for Bid, the Contractor’s Bid, and the Bonds. ARCHITECT The “Architect” shall be the City or any individual, partnership, firm or corporation duly authorized by City to be responsible for the architectural aspects of the Work. AWARD The acceptance, by the City, of the successful Bidder’s Bid. BID The written offer of the Bidder setting forth the prices to perform the contemplated Work and furnish the necessary labor, Equipment, Materials and other incidentals necessary to perform the contemplated Work in accordance with the provisions of the Plans and Specifications. BIDDER Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. BOND(S) The approved form(s)of security furnished by the Contractor and his/her surety in accordance with the terms set forth in the Bid and as may otherwise be requested of the Contractor in the Contract Documents. CALENDAR DAY A "Calendar Day" is any day of the week or month, no days being excepted. CHANGE ORDER A written order to the Contractor signed by the City covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. CONTRACT DOCUMENTS The Agreement, Plans, Specifications, Drawings, and Field Changes, or any related addenda to the Agreement, Supplemental Agreement(s), Plans, Specifications, or Field Changes. CONTRACT PRICE The total monies payable to the Contractor under the Contract Documents. CONTRACT TIME The number of calendar days or completion date stated in the Contract for the completion of the Work. CONTRACTOR The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work who act as directly or through lawful agents or employees to complete the Work.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 33 
  • 56. ENGINEER The "Engineer" shall be the City or any individual, partnership, firm or corporation duly authorized by the City to be responsible for the engineering aspects of the Work. EQUIPMENT All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the Work. EXTRA WORK An item of work not provided for in the Contract Documents as previously modified by Change Order or Supplemental Agreement, but which is found by the City to be necessary to complete the Work within the intended scope of the Contract Documents as previously modified. FIELD CHANGE A Field Change may be issued in the form of: (a) A written amendment of the Contract Documents signed by both parties, (b) A Change Order, (c) A written clarification or interpretation issued by the City in accordance with Section 2.0.13, or (d) A written order for a minor change or alteration in the Work issued by the City pursuant to Section 2.0.19. A Field Change may only be issued after execution of the Agreement. FIELD ORDER A written order issued by the City which clarifies or interprets the Contract Documents in accordance with Section 2.0.13 or minor changes in the Work in accordance with Section 2.0.19. MATERIALS Any substance specified for use in the construction of the Work. OWNER A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed. For this Agreement, the "Owner" is the City of San Angelo. PARTIAL PAYMENT ESTIMATE A form detailing the amount of Work done to date and covering previous payments, retainage, etc. This estimate is usually issued on a monthly basis. PLANS The official drawings or exact reproductions which show the location, character, dimensions and details of the Work to be done and which are to be considered as a part of the Contract Documents, supplementary to the Specifications. PROJECT All duties and Work to be performed as provided in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE The "Resident Project Representative" shall be the City or any individual, partnership, firm or corporation duly authorized by the City who is assigned to the Project, or any part thereof, and who shall be responsible for observing the progress and quality of the Work, or any portion of the Work, on the behalf of the City. SHOP DRAWINGS All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, manufacturer, supplier, or distributor which illustrate the Equipment, Material, or some portion of the Work. SPECIFICATIONS A part of the Contract Documents containing the written directions and requirements for completing the Work. Standards for specifying materials or testing which are cited in the Contract Documents by reference shall have the same force and effect as if included in the Contract Documents physically.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 34 
  • 57. SUBCONTRACTOR An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. SUBSTANTIAL COMPLETION The date as certified by the City, when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended. SUPPLEMENTAL AGREEMENT A written agreement between the Contractor and the City covering (1) work that would increase or decrease the total amount of the Agreement as awarded or (2) work that is not within the scope of the Contract Documents. WORK Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the Contractor under the Contract Documents, including the furnishing of all labor, Materials, Equipment, and other incidentals necessary or convenient to the Contractor’s performance of all duties and obligations imposed by the Contract Documents. WORK DAY A "Work Day" is defined as a calendar day excluding Saturdays, Sundays, and legal holidays authorized in the list prepared for the City of San Angelo for use of its employees, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal units of work underway for a continuous period of not less than 7 hours between 8:00 a.m. and 5:00 p.m. WORK WEEK The "Work Week" shall consist of a period of seven (7) successive calendar days to begin and end as specified by the Contractor. 3.3. NOTICE TO PROCEED AND THE PRECONSTRUCTION CONFERENCE No work shall be performed until issuance of a written notice to proceed by the City. The Notice to Proceed shall be issued only upon completion of the Preconstruction Meeting and all related requirements as provided for in Section 2.5.1 are complete. 3.4. OWNERSHIP, COPIES OF DOCUMENTS, AND RECORD DOCUMENTS All Specifications, Plans, and copies thereof furnished by the City shall remain the property of the City. They shall not be used on another project. The Contractor will keep one record copy of all Specifications, Plans, Field Changes, Shop Drawings, and any addenda thereto at the site in good order and annotated to show all changes made during the construction process. These shall be available to the City and shall be delivered to the City upon completion of the Project. 3.5. COOPERATION BETWEEN CONTRACTORS When separate contracts are let within the limits of any one project, each Contractor shall conduct the work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. The Contractor will afford the other contractors who are parties to such direct contracts (or the City, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs. If any part of the Contractors Work depends upon the work of any such other contractor or the City for proper execution or results, the Contractor will inspect the work and promptly report any defects or deficiencies in writing to the City. Failure to make such a report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work, except as to defects and deficiencies which may appear in the other work after the execution of his Work. The Contractor will do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. The Contractor will not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the City. Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Agreement with City and shall protect and hold harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by the Contractor because of the presence and operations of other contractors working within the limits of the same project.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 35 
  • 58. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the Award of the Agreement, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the City or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided for herein. 3.6. SUBCONTRACTS The Contractor will not employ any Subcontractor (whether initially or as a substitute) against whom the City may have objection, nor will the Contractor be required to employ any Subcontractor against whom he has objection. The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any moneys due any Subcontractor, except as may otherwise be required by law. The City may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific work done. 3.7. PATENT FEES AND ROYALTIES The Contractor will not employ any Subcontractor (whether initially or as a substitute) against whom the City may have objection, nor will the Contractor be required to employ any Subcontractor against whom he has objection. The Contractor will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process, or device which is the subject of patent right or copyrights held by others. CONTRACTOR WILL INDEMNIFY AND HOLD HARMLESS THE CITY AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CITY FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES (INCLUDING ATTORNEYS FEES) ARISING OUT OF ANY INFRINGEMENT OF SUCH RIGHTS DURING OR AFTER COMPLETION OF THE WORK, AND SHALL DEFEND ALL SUCH CLAIMS IN CONNECTION WITH ANY ALLEGED INFRINGEMENT OF SUCH RIGHTS 3.8. PERMITS, LAWS, TAXES, AND REGULATIONS The Contractor will secure and pay for all construction permits and licenses and will pay all governmental and public utility charges and inspection fees necessary for the prosecution of the Work. The Contractor will give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If the Contractor observes that the Specifications or Plans are at variance therewith, he will give prompt written notice thereof to the City and any necessary changes shall be adjusted by an appropriate Field Change. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the City, he will bear all costs arising therefrom. The Contractor will pay all sales, consumer, and other similar taxes required by the law of the place where the Work is to be performed, or of the place from which any portion of the Equipment or Materials is obtained. 3.9. AVAILABILITY OF LANDS/SITE The City will provide, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the site upon which the Work is to be done. If the Contractor believes that any delay in the Citys furnishing access to the site entitles him to an extension of the Contract Time, he may make a claim therefore as provided herein. The Contractor will provide all additional lands and access thereto that may be required for temporary construction facilities or storage of Materials and Equipment. 3.10. USE OF PREMISES The Contractor will confine his equipment, the storage of materials and equipment, and the operations of his workers to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment. 3.11. OWNERS STATUS DURING CONSTRUCTION All instructions of the City, or its duly appointed representative, to the Contractor shall be issued directly to the Contractor. The duties, responsibilities, and limitations of authority of the City during the construction are set forth in these General Conditions. The City will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The efforts of the CityRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 36 
  • 59. will be directed toward providing assurance that the completed Project will conform to the requirements of the Contract Documents, but City will not be responsible for the Contractors failure to perform the Work in accordance with the Contract Documents. On the basis of on-site observations, the City, or its duly appointed representative, will keep informed of the progress of the Work and will endeavor to guard it against defect and deficiencies. The City will have authority to disapprove of or reject Work which is defective; i.e., it is unsatisfactory, faulty, or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test, or approval set forth herein. The City will also have authority to require special inspection or testing of the Work as provided herein, whether or not the Work is fabricated, installed, or completed. Neither the Citys authority to act under this subsection, nor any decision made by him in good faith, either to exercise or not exercise such authority, shall give rise to any duty or responsibility of the City to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.12. OWNERS INTERPRETATIONS AND DECISIONS The City will issue with reasonable promptness such clarifications or interpretations (in the form of drawings or otherwise) as may be determined necessary for the proper execution of the Work, such clarifications and interpretations to be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the Contractor believes that a written clarification and interpretation entitles him to an increase in the Contract Price, he may make a claim therefore as provided herein. The City will be the interpreter of the terms and conditions of the Contract Documents and the judge of the performance thereunder. 3.13. SHOP DRAWINGS AND SAMPLES After checking and verifying all field measurements, the Contractor will submit five (5) copies of all Shop Drawings to the City. The Shop Drawings shall have been checked and stamped with the approval of the Contractor and otherwise identified as required by the City. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and the like. At the time of each submission, the Contractor will provide written notification to the City concerning any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents. The City will review the Shop Drawings and samples, but this review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. No Work requiring a Shop Drawing or sample submission shall be initiated until the submission has been delivered to the City. The review of Shop Drawings or samples by the City shall not relieve the Contractor from his responsibility for any deviations at the time of submission unless the City has given written approval to the specific deviation, nor shall any review or approval by the City, relieve the Contractor from responsibility for errors or omissions in the Shop Drawings. 3.14. REQUIRED TESTS AND INSPECTIONS BY LAW If the Contract Documents, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any Work to be inspected, tested, or approved by someone other than the City, the Contractor will give prompt and timely notice of readiness to the City. The Contractor will furnish the required certificates of inspection, testing, or approval to the City. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any such Work required to be inspected, tested, or approved is covered up without written approval or consent of the City, it must be uncovered for observation at the Contractors expense, if so directed by the City. The costs directly attributable to such uncovering, exposure, observation, inspection, testing, approvals and reconstruction shall be borne in full by the Contractor. Any Work which fails to meet the requirements of any such test, inspection, or approval, and any Work which meets the requirements of any such test or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work may be rejected, corrected, or accepted as provided herein. Observations by the City shall not relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents. 3.15. CONTRACTORS SUPERVISION AND SUPERINTENDENCE The Contractor will supervise and direct the Work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, safety, sequences, and procedures of construction. Before undertaking the Work, he will carefully study and compare the Contract Documents and check and verify all figures shown thereon and all field measurements. He will immediately file a written report to the City concerning any conflict, error, or discrepancy which he may discover. The Contractor will be responsible for seeing that the finished Work complies accurately with the Contract Documents. The Contractor shall give constant attention toRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 37 
  • 60. the Work to facilitate the progress thereof, and he shall cooperate with the City and its authorized representatives, including, but not limited to, the Engineer, Resident Project Representative, inspectors, and with other Contractors in every way possible. The Contractor shall have a competent superintendent on the Work at all times who is fully authorized as his/her agent on the Work. All communications given to the superintendent shall be as binding as if given to the Contractor. The Contractor, or his superintendent, shall be capable of reading and thoroughly understanding the Plans and Specifications and shall receive and fulfill instructions from the City or its authorized representative. The Contractor will provide competent, suitably qualified personnel to lay out the Work and perform as required by the Contract Documents. He will at all times maintain good discipline and order among his employees at the site. If the City assists the Contractor in the field layout, the Contractor shall furnish personnel to aid the City in such work. Contractor shall furnish all stakes, lathes, and other necessary equipment for such layout. The City will not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of his or their agents or employees, or any other persons performing any of the Work. 3.16. SAFETY AND PROTECTION The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He will take all necessary safety precautions and will provide the necessary protection to prevent damage, injury, or loss to: (a) all employees on the Work and other persons who may be affected thereby, (b) all Work and all Materials or Equipment to be incorporated into the Work, whether in storage on or off the site, and (c) other property at the site or adjacent thereto, including but not limited to shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor will erect and maintain all necessary safeguards as required by the conditions and progress of the Work, including posting danger signs and other warnings against hazards and promulgating safety regulations. He will notify Owners of adjacent utilities, in writing, when prosecution of the Work may affect them. When the use or storage of explosives or other hazardous materials is necessary for the prosecution of the Work, the Contractor will exercise the utmost care and will carry on such activities under the supervision of properly qualified personnel. All damage, injury, or loss to any person or property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by the Contractor. The Contractor shall comply with the requirements of the Occupational Safety Standards and any other applicable standards that may be set forth by federal, state, municipal, or any other governmental or regulatory agency. The Contractor will designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractors superintendent unless otherwise designated in writing by the Contractor to the City. In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the City, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He will give the City prompt written notice of any significant changes in the Work or deviations involved. If the Contractor believes that additional emergency work by him which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time he may make a claim therefore as provided herein. 3.17. ACCESS TO THE WORK The City and his representatives will at all times have access to the Work. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof by others. 3.18. CHANGES IN THE WORK Without invalidating the Agreement, the City may, at any time or from time to time, order additions, deletions, or revisions in the Work as may be necessary or desirable to complete the work originally intended in an acceptable manner. These alterations that are for work within the general scope of the Contract Documents shall be covered by Change Orders issued by the City. Upon receipt of a Change Order, the Contractor will proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents and as directed by the City. If any Change Order causes an increase or decrease in the Contract Price or an extension orRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 38 
  • 61. shortening of the Contract Time, an equitable adjustment will be made pursuant to Section 2.0.20 and 2.0.22 herein. The City may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the Contractor believes that any minor change or alteration authorized by the City entitles him to an increase in the Contract Price, he may make a claim. Additional work performed by the Contractor without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided herein. The City will execute any appropriate Change Order covering changes in the Work the City determines to be reasonably necessary. 3.19. CHANGES OF CONTRACT PRICE The Contract Price constitutes the total compensation payable to the Contractor for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price. The Contract Price may only be authorized by a Change Order. If the Contractor is entitled by the Contract Documents to make a claim for an increase in the Contract Price, his claim shall be made in writing and delivered to the City within 15 days of the occurrence of the event-giving rise to the claim. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined by the City in one of the following ways: (a) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. (b) By mutual acceptance of a lump sum. (c) By cost and a mutually acceptable fixed amount for overhead and profit, or (d) If required by the City, the Contractor shall submit an itemized cost breakdown together with supporting data. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease as determined by the City. When both additions and credits are involved in any one change, the approved overhead and profit shall be figured on the basis of the net increase, if any. 3.20. EXTRA WORK. Should acceptable completion of the Work require the Contractor to perform an item of work for which no basis of payment has been provided in the original Contract Documents or previously issued Change Orders or supplemental agreements, then same shall be called “Extra Work”. Extra Work that is within the general scope of the Contract shall be covered by written Change Order. Change Orders for such Extra work shall contain agreed unit prices for performing the Change Order work in accordance with the requirements specified in the Change Order, and shall contain any adjustment to the Contract Time that, in the City’s opinion, is necessary for completion of such Extra Work. Extra Work that is necessary for acceptable completion of the Project, but is not within the general scope of the Work covered by the original Contract Documents shall be covered by a “Supplemental Agreement”. Any claim for payment of Extra Work that is not covered by written agreement (Change Order or Supplemental Agreement) shall be rejected by the City. 3.21. CHANGE OF CONTRACT TIME The Contract Time may only be changed by a Change Order. If the Contractor is entitled by the Contract Documents to make a claim for an extension in the Contract Time, his claim shall be in writing delivered to the City within ten (10) days of the occurrence of the event-giving rise to the claim. All claims for adjustment in the Contract Time shall be determined by the City. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 39 
  • 62. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor. Such delays shall include, but not be restricted to, acts or neglect by any separate Contractor employed by the City, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. Time limits stated in the Contract Documents are the essence of the Agreement. The provisions of this Section shall not exclude recovery for damages (including compensation for additional professional services) for delay by either the Contractor or the City. 3.22. NEGLECTED WORK If the Contractor should neglect to prosecute the Work in accordance with the Contract Documents and progress schedule, the City, after three days written notice to the Contractor, may make good such deficiencies, and the cost thereof including compensation for additional professional services shall be charged against the Contractor. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents and including an appropriate reduction in the Contract Price. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor will pay the difference to the City. 3.23. WARRANTY AND GUARANTEE REGARDING DEFECTIVE WORK The Contractor warrants and guarantees to the City that all Materials or Equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, test, or approvals referred to herein. All unsatisfactory or faulty Work and all Work not conforming to the requirements of the Contract Documents or of such inspections, tests, or approvals shall be considered defective. Prompt notice of all defects shall be given to the Contractor. All defective Work, whether or not in place, may be rejected. If required by the City prior to approval of final payment, the Contractor will promptly, without cost to the City correct any defective Work. If the Contractor does not correct such defective Work within a reasonable time, as required by written notice from the City, the City may have the deficiency corrected All direct or indirect costs of such correction including compensation for additional professional services shall be paid by the Contractor, and an appropriate Change Order shall be issued deducting all such costs from the Contract Price. The Contractor will also bear the expenses of making good all work of others destroyed or damaged by his correction. Prior to the expiration of one (1) year after the date of Substantial Completion (or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents), if any Work is found to be defective, the Contractor will, promptly without cost to the City and in accordance with the Citys written instruction, either correct such defective Work. If the Contractor does not promptly comply with the terms of such instructions, the City may have the defective Work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, will be paid by the Contractor. In such case, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price. If the acceptance occurs after approval of final payment, an appropriate amount shall be paid by the Contractor 3.24. WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS The Contractors obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by the City, nor the issuance of a certificate of Substantial Completion, nor any payment by the City to the Contractor under the Contract Documents, nor any use or occupancy of the Project or any part thereof by the City, nor any act of acceptance by the City nor any failure to do so, nor any correction of faulty or defective Work by the City shall constitute an acceptance of Work not in accordance with the Contract Documents. The Acceptance of Final Payment by the Contractor shall constitute a waiver of all claims by the Contractor against the City other than those previously made in writing and still unsettled. 3.25. CITYS RIGHT TO STOP OR SUSPEND WORK The City may order the Contractor to stop the Work, or any portion thereof, if the Work is defective, the Contractor fails to supply sufficient skilled workmen or suitable Materials or Equipment or to provide adequate supervision, or if the Contractor fails to make prompt payment to Subcontractors or for labor, Materials or Equipment or for any other similar cause when necessary to protect the integrity of the Work. The City may suspend the Work until the cause for the order has been eliminated. No additional Contract Time and no increase in Contract Price will be awarded in this case. The City may, at any time and without fault of the Contractor, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and the City shall fix the date on which Work shall be resumed. The Contractor will resume the Work on the date so fixed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time directly attributable to any suspension if heRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 40 
  • 63. makes a claim therefore as provided in Sections 2.0.20 and 2.0.22. 3.26. CITYS RIGHT TO TERMINATE City may, by written notice, terminate this contract in whole or in part at any time, either for the Citys convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract shall be delivered to the City. (a) If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. (b) If the termination is due to failure to fulfill the contractors obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the City for any additional cost occasioned to the City thereby. (c) If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor has not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in subsection (a) of this clause. (d) The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 3.27. CONTRACTORS RIGHT TO STOP WORK OR TERMINATE If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days, or the City fails to act as directed in the Contract Documents or fails to pay the Contractor any authorized amount, then the Contractor may, upon seven (7) days written notice to the City, terminate the Agreement and recover from the City payment for all Work executed, reasonable expenses and profit. In lieu of terminating the Agreement, if the City has acted in the aforesaid manner, the Contractor may upon seven (7) days notice to the City stop the Work until he has been paid all amounts then due. 3.28. ASSIGNMENT AND SUBLETTING The Contractor agrees to retain personal control and will give personal attention to the fulfillment of this Agreement and will not sublet or assign, by power of attorney or otherwise, said Agreement without the written consent of the City. No part or feature of the Work will be sublet to anyone objectionable to the City. The subletting of any portion or feature of the Work, or Materials required in the performance of this Agreement, shall not relieve the Contractor from full obligation to the City. 3.29. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon the Work and fail or refuse to resume the Work within ten (10) days after written notification from the City or if the Contractor fails to comply with the orders of the City, when such orders are consistent with the Contract Documents, then, where performance and payment bonds exist, the Surety on the Bonds shall be notified in writing and directed to complete the Work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the Work any machinery, Equipment, tools, Materials, or supplies then on the job, but the same, together with any Materials and Equipment under contract for the Work, may be held for use on the Work by the City or the Surety on the performance and payment bonds, or another Contractor in completion of the Work, and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided in this Agreement), it being understood that the use of such Equipment and Materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no performance and payment bond provided or in case the Surety should fail to commence compliance with the notice for completion provided for, within ten (10) days after service of such notice, the City may provide for completion of the Work in either of the following elective manners: (a) The City may employ such labor and use such Equipment, tools, Materials, and supplies as the City deems necessary to complete the Work and charge the expense of such labor, machinery, Equipment, tools, Materials and supplies to the Contractor. The expense(s) so charged shall be deducted and paid by the City out of such moneys as may be due, or that may thereafter become due by virtue of this Agreement. In case such expense is less than the sum which would have been due had the Work been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Agreement, then the Contractor or his Surety shall pay the amount of such excess to the City;RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 41 
  • 64. or (b) The City may let the Agreement for the completion of the Work under substantially the same terms and conditions provided for in this Agreement. In case of any increase in cost to the City under the new agreement, such increase shall be charged to the Contractor and the Surety. However, should the cost to complete be less, the Contractor and his Surety shall be credited with the difference. When the Work shall have been Substantially Completed a complete itemized statement of the contract amounts certified to by the City, shall be prepared, and delivered to the Contractor and his Surety, whereupon the Contractor or his Surety shall pay the balance due if any within fifteen (15) days of the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the Work is less than the Contract Price; or when the Contractor or his Surety shall pay the balance shown to be due by them to the City, then all machinery, Equipment, tools, Materials or supplies left on the site of the Work shall be turned over to the Contractor or his Surety. Should the cost to complete the Work exceed the Contract Price, and the Contractor or his Surety fail to pay the amount due the City within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the Work, notice, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety. Such property shall be held at the risk of the Contractor and his Surety. After fifteen (15) days from the date of said notice, the City may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the City may elect. The City shall release any machinery, equipment, tools, materials, or supplies, which remain on the Work and belong to persons other than the Contractor or his Surety, to their proper Owners. 3.30. ABANDONMENT BY OWNER In case the City shall fail to comply with the terms of this Agreement, and should fail or refuse to comply with said terms after the expiration of ten (10) days of receipt of written notification, the Contractor may suspend or wholly abandon the Work, and may remove there from all machinery, tools, and equipment, and all materials that have not been included in payments to the Contractor and have not been wrought into the Work. Thereupon, the City shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all Work actually completed (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Agreement, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole Work to completion and which cannot be utilized. The City shall then make final statement of the balance due by deducting from the above estimate all previous payments, and all other sums that may be retained by the City. City shall pay on or before thirty (30) days after the date of notification the balance shown by said final statement as due. 3.31. WORKER’S COMPENSATION INSURANCE REQUIREMENTS 3.31.1 DEFINITIONS Certificate of Coverage ("Certificate") - A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers compensation insurance coverage for the persons or entitys employees providing services on a project, for the duration of the Project. Duration of the Project - includes the time from the beginning of the work on the Project until the Contractors/person/s work on the Project has been completed and accepted by the City. Persons providing services on the Project ("Subcontractor" in Texas Labor Code, Section 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractor, Subcontractors, leasing companies, motor carriers, Owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering Equipment or Materials, or providing labor, transportation, or other service related to a Project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 3.31.2 WORKERS’ COMPENSATION INSURANCE COVERAGE The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, meeting the statutory requirements of Texas Workers’RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 42 
  • 65. Compensation Act, Title 5 Subchapter A of the Texas Labor Code for all employees of the Contractor providing services on the Project, for the duration of the Project. A. The Contractor must provide a certificate of coverage to the City prior to issuance of Notice to Proceed. B. If the coverage period shown on the Contractors current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. C. The Contractor shall obtain from each person or entity providing services on a Project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the Project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the Project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. D. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. E. The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. F. The Contractor shall post on each Project site a notice, in the text, form and manner prescribed by the Division of Workers’ Compensation, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. G. By providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services on the Project will be covered by workers compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of self-insured, with the Division of Self- insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. H. The Contractors failure to comply with any of these provisions is a breach of contract which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach. 3.31.3 FAILURE TO MAINTAIN ADEQUATE INSURANCE COVERAGE In the event that City learns that Contractor has workers (whether employees, volunteers or contract labor) present at the site or working in any manner on this Project who are not covered at all times by the required coverages for workers’ compensation, Contractor shall be assessed a penalty of $500.00 per day, per worker, until Contractor provides a certificate of coverage which documents the required coverage for such workers. Contractor shall further immediately remove any such workers from the job site. In the event that City learns that Contractor has failed to maintain any of the insurance coverages required herein such failure to maintain required coverage shall be taken into account in determining whether Contractor is a responsible bidder for purposes of future proposals made on projects let by City. The foregoing remedies shall be in addition to and not in lieu of any other remedies available at law or in equity to City. 3.32. Contract Measurement and Payment 3.32.1 QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but only the actual measured or computed length, area, solid contents, number, and weight shall be considered, unless otherwise specifically provided. 3.32.2 ESTIMATED QUANTITIES The Contract Documents are intended to show clearly all Work to be done and Material and Equipment toRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 43 
  • 66. be furnished hereunder. Where the evaluation quantities are shown for the various classes of the Work, they are to be used only as a basis for comparing the proposals offered for the Work. It is understood and agreed that the actual amount of the Work to be done and Material and Equipment to be furnished under this Agreement will not be reflected by these evaluation quantities. The basis for payment shall be for the actual amount of the Work done and the Material and Equipment furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, or anticipated profits on account of any differences which may be found between the quantities of the Work actually done, the Material and Equipment actually furnished under this Agreement and the evaluation quantities provided. 3.32.3 PRICE OF WORK In consideration of the furnishing of all the necessary labor, Equipment, and Material, and the completion of all Work by the Contractor, and on the completion of all Work and of the delivery of all Material and Equipment embraced in this Agreement in full conformity with the Specifications and stipulations contained within the Contract Documents, the City agrees to pay the Contractor the prices set forth in the Bid hereto attached, which has been made a part of this Agreement. The Contractor hereby agrees to receive such prices in full for furnishing all Material, Equipment and all labor required for the aforesaid Work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement and the Contract Documents. The unit prices provided in the Bid shall be the actual unit price for each item in consideration of providing all manpower, material, equipment, resources, and profit to be recovered by the Contractor for such Work and without consideration of association with any other item of Work. 3.32.4 PARTIAL PAYMENT ESTIMATES The Contractor shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. 3.32.5 DEADLINE On or before the 10th day of each month the Contractor shall prepare a statement showing as completely as practicable the total value of the Work done by the Contractor up to and including the last day of the preceding month. The statement shall be deemed complete and received once all corrections to the Work required by City, if any, have been made. The City shall submit a recommendation for approval upon completion of all corrections. Failure by the City to note corrections prior to payment does not constitute acceptance of the Work nor waive any remedy provided for in the Contract Documents or under law. 3.32.6 PAYMENT The City shall pay the total amount of the Contractors statement to the Contractor on or before the 30th day upon receipt of a valid invoice less all previous payments and all further sums that may be retained, withheld, or delayed by the City under the terms of this Agreement. 3.32.7 WARRANTY The Contractor warrants and guarantees that clear Ownership title to all Work, Materials, and Equipment covered by a Partial Payment Estimate, whether incorporated in the Project or not, will have passed to the City prior to making the Partial Payment Estimate free and clear of all liens, claims, security interests, and encumbrances (hereinafter in these General Conditions referred to as "Liens"); and that no Work, Materials, or Equipment covered by a Partial Payment Estimate will have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Project subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. Partial payment retainage by the City shall be at the maximum rate prescribed by the laws, rules, or regulations established by the State of Texas and shall in no case exceed five percent (5%). See Contract Measurement and Payment, Section 2.2 for specific payment methods.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 44 
  • 67. 3.32.8 APPROVAL OF PAYMENTS The Partial Pay Estimate shall be based on on-site observations of the Work in progress, and shall verify that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent test called for in the Contract Documents and any qualifications stated in the approval); and that the Contractor is entitled to payment of the amount approved. However, by such payment, the City shall not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, and procedures of construction or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys paid or to be paid to him on account of the Contract Price. The City may nullify any such payment previously requested to such extent as may be necessary to provide protection from loss because: (a) the Work is defective, neglected, or omitted, (b) claims have been filed or there is reasonable evidence indicating the probable filing thereof, (c) the Contract Price has been reduced because of Change Orders or Field Changes, (d) the City has been required to correct defective Work or complete neglected Work. (e) unsatisfactory prosecution of the Work, including failure to clean up as required herein. 3.33. SUBSTANTIAL COMPLETION Prior to final payment, the Contractor may provide the City with written certification that the entire Project is substantially complete and request that the City issue a certificate of Substantial Completion. Within a reasonable time thereafter, the City and Contractor will make an inspection of the Project to determine the status of completion. If the City does not consider the Project substantially complete, the Contractor will be notified in writing of the reasons. If the City does consider the Project substantially complete, he will prepare a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between the City and the Contractor for maintenance, etc. Attached to the certificate, there shall be a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. The City shall have the right to exclude the Contractor from the Project after the date of Substantial Completion, but the City will allow the Contractor reasonable access to complete or correct items on the tentative list. 3.34. PARTIAL UTILIZATION Prior to final payment, the City shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the time for completing the entire Work of such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the Work, the Contractor may request in writing, in accordance with the process set forth in these General Conditions, an increase in the Contract Price or extension of the Contract Time, or both as the City may determine to be reasonable. 3.35. FINAL PAYMENT Upon written notice from the Contractor that the Project is complete, the City and the Contractor will make a final inspection, and the City will notify the Contractor in writing of any particulars in which this inspection reveals that the Work is defective. The Contractor shall immediately make such corrections as are necessary to remedy such defects. After the Contractor has completed any such corrections to the satisfaction of the City and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents, he may request final payment. The final estimate shall be accompanied by such supporting data as the labor and services performed and the material and equipment furnished. In lieu thereof and as approved by the City, the Contractor may furnish receipts or releases in full, including an affidavit of the Contractor showing that releases and receipts for all labor, services, Material, and Equipment for which a Lien could be connected with the Work have been paid or otherwise satisfied; and showing consent of the surety, if any, to final payment. If anyRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 45 
  • 68. Subcontractor or supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City in an amount sufficient to cover any Lien. If, on the basis of observation and review of the Work during construction and the final inspection, the City is satisfied that the Work has been completed and the Contractor has fulfilled all of his obligations under the Contract Documents the City will issue written approval and the final estimate will be processed for payment. Otherwise, the City will indicate in writing his reasons for refusing to issue payment of the final estimate. If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor, the City shall make payment of the balance due for that portion of the Work fully completed and accepted if the remaining balance for Work not fully completed or corrected is less than the retainage, and, if Bonds have been furnished in accordance with the Contract Documents, the written consent of the surety to the payment of the balance due shall be submitted to the City. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 3.36. PAYMENTS WITHHELD The City may, on account of subsequently discovered evidence, withhold or nullify payment to such extent as may be necessary for protection from loss on account of: (a) Defective Work not remedied. (b) Claims filed or reasonable evidence that the filing of a claim is likely. (c) Failure of the Contractor to make payments properly to sub-contractors for Material, Equipment or labor. (d) Damage to another Contractor. (e) Failure to carry out testing of material installation, if required. When the above grounds are removed, or the Contractor provides a Surety bond satisfactory to the City, which will protect the City in the amount withheld, payment shall be made. 3.37. DELAYED PAYMENTS Should the City fail to make payment to the Contractor of the sum named in any statement when payment is due, or should the City fail to issue any statement on or before the date required, then the City shall pay to the Contractor, in addition to the sum shown as due by such statement, interest at the rate of six (6%) percent per annum until fully paid. Payment of interest on the amount owed shall fully liquidate any injury to the Contractor growing out of such delay in payment. The right is expressly reserved to the Contractor in the event payments are not promptly made to treat the Agreement as abandoned and recover compensation unless such payments are withheld as otherwise authorized in the Contract Documents. 3.38. WORKING DAY Work on the site shall be done only during the Work Day, except for emergencies or as otherwise approved by the City. This Agreement is established with the intent that no Work shall be permitted on weekends or legal holidays except in cases of extreme emergency and then only with the written permission of the City. 3.39. CHARACTER OF EMPLOYEES The Contractor agrees to employ only orderly and competent employees, skillful in the performance of the type of Work required under this Agreement, to do the Work; and agrees that whenever the City shall inform the Contractor in writing that any employee or employees are, in its opinion, incompetent or disorderly, such employee or employees shall be discharged from the Work and shall not again be employed on the Work without the written consent of the City. 3.40. INSPECTION OF THE WORK All Materials and Equipment and each part or detail of the Work shall be subject to inspection by the City or its representative. The City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 46 
  • 69. 3.41. UNAUTHORIZED WORK WORK DONE CONTRARY TO THE INSTRUCTIONS OF THE CITY, WORK DONE OTHER THAN AS GIVEN IN THE CONTRACT DOCUMENTS, OR ANY EXTRA WORK DONE WITHOUT AUTHORITY, WILL BE CONSIDERED AS UNAUTHORIZED AND WILL NOT BE PAID FOR UNDER THE PROVISIONS OF THE AGREEMENT. WORK SO DONE MAY BE ORDERED REMOVED OR REPLACED AT THE CONTRACTOR’S EXPENSE. 3.42. CONFORMITY WITH CONTRACT DOCUMENTS If the City finds the Materials or Equipment furnished, Work performed, or the finished product not within reasonably close conformity with the Contract Documents but that the portion of the Work affected will, in City’s opinion, result in a finished product having an acceptable level of safety, economy, durability, and workmanship, the City shall determine, in its sole discretion, whether the affected Work will be accepted and remain in place. The City will determine the basis of acceptance and will provide for an adjustment in the Contract Price for the affected portion of the Work. The City’s determination and recommended Contract Price adjustments will be based on good engineering judgment and such tests or retests as are, in City’s opinion, needed. Changes in the Contract Price shall be covered by a Change Order or Supplemental Agreement as applicable. If the City finds the Materials and Equipment furnished, Work performed, or the finished product are not in reasonably close conformity with the Contract Documents and have resulted in an unacceptable finished product, the affected Work, Materials or Equipment shall be corrected by and at the expense of the Contractor in accordance with the City’s written orders. For the purpose of this subsection, the term “reasonably close conformity” shall not be construed as waiving the Contractor’s responsibility to complete the Work in strict compliance with the requirements of the Contract Documents. 3.43. MATERIALS 3.43.1 MATERIALS AND EQUIPMENT The Contractor shall furnish and pay for all labor, Materials, Equipment, tools, transportation, construction equipment, fuel, power, light, heat, telephone, water, sanitary facilities, and all other incidentals required to complete the Work in accordance with the Contract Documents. All Materials and Equipment used in the construction of the Work shall conform fully to the Contract Documents and be approved by the City. Any Materials or Equipment placed before approval of the City shall be removed, if directed by the City, and replaced with approved Materials or Equipment, at the expense of the Contractor. If required the Contractor will furnish satisfactory evidence as to the kind and quality of Materials and Equipment to be used. If authorized by City, the Contractor may use a substitute that is equal to any Material or Equipment specified. No substitute shall be ordered or installed without the written approval of the City. All Materials and Equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise specifically provided in the Contract Documents. The Contractor shall provide start-up services for all major equipment. 3.43.2 RIGHT OF THE CITY TO MODIFY EQUIPMENT AND/OR METHODS If at any time the methods or Equipment used by the Contractor are found to be inadequate to secure the quality of Work or the rate of progress required under this Agreement, or the working force of the Contractor is inadequate for securing the progress herein specified, the City may order the Contractor in writing to improve their character and efficiency, or to increase force or Equipment or both, and the Contractor shall comply with such order. Such authority of the City, however, is for the sole benefit of the City in order to secure completion in conformity with this Agreement. It shall remain the sole duty and responsibility of the Contractor to take adequate precautions in his operation for the safety of persons and property. No failure of the City to notify the Contractor of deficient or negligent methods or Equipment shall excuse or relieve the Contractor of sole liability for damage to the property or improvements of the City by reason of his neglect or omission. 3.43.3 OWNER FURNISHED MATERIALS The Contractor shall furnish all Materials required to complete the Work, except those specified herein (if any) to be furnished by the City. Owner-furnished Materials shall be made available to the Contractor at the location specified in the Contract Documents. All costs of handling, transportation from the specified location to the site of Work, storage, and installing Owner furnished Materials shall be included in the unitRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 47 
  • 70. price bid for the contract item in which such Owner-furnished Material is used. After any Owner furnished Material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor’s handling, storage, or use of such Owner-furnished Material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the City in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished Materials. 3.43.4 MATERIAL STORAGE Materials shall be so stored as to assure the preservation of their quality and fitness for the Work. When considered necessary by the City, Materials shall be placed on wooden platforms or other hard, clean, and dry surfaces and not in contact with the ground, and shall be placed under cover. Stored materials, even though approved before storage, may again be inspected prior to their use in the Work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the City or its Resident Project Representative. Materials to be stored on the site of the Work shall not create an obstruction to the public, nor shall they interfere with the free and unobstructed movement of vehicular traffic associated with the site. The storage of the Materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the City or its representative. Private property shall not be used for storage purposes without written permission of the City. The Contractor shall make all arrangements and bear all expenses for the storage of Materials on private property. All storage sites shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to by the City. 3.44. PROJECT MEETINGS 3.44.1 PRE-CONSTRUCTION MEETING Prior to the commencement of Work at the site, a pre-construction conference will be held with the City at a mutually agreed upon time and location. The conference shall be attended by: Contractor and his superintendent Principal Subcontractors Representatives of principal suppliers and manufacturers as appropriate Representatives of City Others as requested by the Contractor or the City Unless previously submitted to the City, the Contractor shall bring to the conference each of the following: Material Sources Materials Test Results and Certification List of Equipment to be Utilized Description of Procedures and Work Crews The agenda will include: Contractor’s tentative schedules Critical Work sequencing Transmittal, review, and distribution of Contactor’s submittals Field decisions and Change Orders Use of premises, office and storage areas, security, housekeeping, and City’s needs Major equipment deliveries and priorities Maintaining record documents Processing applications for payment Contractor’s assignments for safety and first aid The sequence of operations to be followed shall be prepared by the Contractor for approval by the City. The sequence shall meet the job requirements for Completion Time and shall conform to the requirements set forth in the Contract Documents.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 48 
  • 71. 3.44.2 PROGRESS MEETINGS The Contractor shall schedule and hold regular progress meetings at least monthly and at other times as requested by the City or required by progress of the Work. The Contractor, the City, and all Subcontractors active on the site shall be represented at each meeting. The Contractor may, at his discretion, request attendance by representatives of his suppliers, manufacturers, and other Subcontractors. The Contractor shall preside at the meetings and provide for keeping of the minutes and provide the City with a copy of the minutes. The purpose of the meetings will be to prepare statements of payment, review the progress of the Work, maintain coordination of efforts, discuss changes in procedures and personnel, and resolve problems. 3.45. CONSTRUCTION ADMINISTRATION 3.45.1 NOTICES TO OWNERS AND AUTHORITIES The Contractor shall notify Owners of adjacent property and utilities in writing and sufficiently in advance when prosecution of the Work may affect them. When it is necessary to temporarily deny access by Owners or tenants to their property, or when any utility service connection must be interrupted, the Contractor shall give notices in writing and sufficiently in advance to enable the affected persons to provide for their needs. Notices will conform to any applicable local ordinance, shall be provided in writing, and will include appropriate information concerning the interruption and instructions on how to limit their inconvenience. 3.45.2 NOTIFICATION OF STREET CLOSING Where the Contractor has cause to close a street or thoroughfare for purposes of construction, the Owner shall be provided reasonable advance notice, in writing, prior to such actions for approval and coordination with appropriate agencies. 3.45.3 DETOURS AND BARRICADING The Contractor shall be responsible for providing barricading for all work areas during the construction of this Project. 3.45.4 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, wet ground, or other unsuitable construction conditions, the Contractor shall confine his operations to Work which will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions which would affect adversely the quality or efficiency thereof unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. 3.45.5 CLEANING UP The Contractor shall keep the premises free at all times from accumulations of waste materials, rubbish, and other debris resulting from the Work. The Contractor will restore to their original or better condition those portions of the site not designated for alteration by the Contract Documents. The Contractor shall provide adequate trash receptacles about the work site, and shall promptly empty the containers when filled. Construction materials, such as concrete forms and scaffolding shall be neatly stacked by the Contractor when not in use. The Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids, and cleaning solutions from surfaces to prevent marring or other damage. Volatile wastes shall be properly stored in approved containers and removed daily. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams, or waterways. All wastes shall be removed from the site and disposed of in a manner complying with local, state, and federal laws. Adequate cleanup will be a condition for recommendation of progress payment applications. Upon completion of the Work and before acceptance and final payment will be made, the Contractor shall remove from and about the site all machinery, equipment, tools, surplus and discarded and waste materials, debris, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition, ready for occupancy by the City. 3.45.6 RESTORATION OF WORK SITE In the event that a work site is closed, the Contractor shall immediately commence operations to restore the Work site to its proper conditions; such work to be completed within twenty-four (24) hours. In the event such restoration is not done, the City shall be authorized to take charge of the Work and restore the premises to its proper condition and shall be entitled to recover from the Contractor the actual expensesRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 49 
  • 72. incurred by the Owner in restoring the premises, including, but not limited to, cost of labor, materials, overhead, rental of any equipment used by the Owner in restoring the site, and attorneys fees for such purposes. 3.45.7 SITE ADMINISTRATION The Contractor shall be responsible for all areas of the work site, and all Subcontractors in the performance of the Work. The Contractor will exert full control over the actions of all employees and other persons with respect to the use and reservation of property and existing facilities, except such controls as may be specifically reserved to Owner or others. The Contractor has the right to exclude from the site all persons who have no purpose related to the Work or its inspection, and may require all persons on the site (except the Owner’s employees) to observe the same regulations as he requires of his employees. 3.45.8 LOAD RESTRICTIONS The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the Work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 3.45.9 APPLICABLE CODES References in the Contract Documents to local codes mean codes used, required, or adopted by the City of San Angelo, Texas, the State of Texas or the federal government. 3.46 SITE INVESTIGATION The information contained in the Contract Documents in regard to any quantities, is furnished solely for the convenience of the Contractor as information available at the time. The accuracy of this information is not guaranteed and the Contractor is fully and solely responsible to verify pertinent information prior to bid time. Use of the information provided in no way relieves the Contractor or others of any responsibility for loss due to inaccuracies or deviations which may be encountered. RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 50 
  • 73. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42194. SPECIFICATIONSThe specifications for this project are under separate cover entitled. Asbestos Removal Specifications, Prepared bythe City of San Angelo,69 North Chadbourne, San Angelo, TX, written by X8 Environmental, Inc., Lubbock, Texas.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 51 
  • 74. Intentionally Left BlankRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 52 
  • 75. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42195. BID FORMSRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 53 
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  • 77. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219DISCLOSURE OF CERTAIN RELATIONSHIPS NOTICE TO VENDORS Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor orperson considering doing business with a local governmental entity make certain disclosures concerning anyaffiliation or business relationship that might cause a conflict of interest with the local governmental entity. Theprovisions of Chapter 176 and the Form CIQ questionnaire that you must complete to comply with this law, areavailable at the Texas Ethics Commission website at http://www.ethics.state.tx.us/whasnew/confliict forms.htm. A current list of City of San Angelo and City of San Angelo Development Corporations officers is available inthe office of the City of San Angelo City Clerk’s office located in Room 201 of City Hall or on the City’s website athttp://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of SanAngelo Development Corporation and have an affiliation or business relationship that requires you to submit acompleted Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo not laterthan the seventh (7th) business day after the date you become aware of facts that require the form to be filed. SeeSection 176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision. By Submitting a response to a City of San Angelo or City of San Angelo Development CorporationRequest for Proposals, Request for Bids, or Request for Qualifications or by conducting business with eitherof those two entities, you are representing that you are in compliance with the requirements of Chapter 176of the Texas Local Government Code. Roger S. Banks Purchasing, Division ManagerRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 55 
  • 78. Intentionally Left BlankRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 56 
  • 79. RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 57 
  • 80. Intentionally Left BlankRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 58 
  • 81. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219 DEBARMENT AND SUSPENSION CERTIFICATION(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal. Business Name ___________________________________________________________ By: ______________________________________Date Name and Title of Authorized Representative ______________________________________ Signature of Authorized RepresentativeRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 59 
  • 82. INSTRUCTIONS FOR CERTIFICATION1. By signing and submitting this proposal, the prospective participant is providing the certification set out below.2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous because of changed circumstances.5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.7. The prospective participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment and Suspension" provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 60 
  • 83. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219CONTRACTOR REFERENCESList five (5) completed projects, including telephone numbers and contact information. The list MUST include at least two (2)projects that involved ceiling scrapes AND at least two project of the same or greater size.You must attach a letter of reference from each reference listed. REFERENCE ONEGovernment/Company Name:Location:Contact Person And Title:Telephone Number:Scope Of Work:Contract Period: REFERENCE TWOGovernment/Company Name:Location:Contact Person And Title:Telephone Number:Scope Of Work:Contract Period: REFERENCE THREEGovernment/Company Name:Location:Contact Person And Title:Telephone Number:Scope Of Work:Contract Period:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 61 
  • 84. REFERENCE FOURGOVERNMENT/COMPANY NAME:LOCATION:CONTACT PERSON AND TITLE:TELEPHONE NUMBER:SCOPE OF WORK:CONTRACT PERIOD: REFERENCE FIVEGOVERNMENT/COMPANY NAME:LOCATION:CONTACT PERSON AND TITLE:TELEPHONE NUMBER:SCOPE OF WORK:CONTRACT PERIOD: REFERENCE SIXGOVERNMENT/COMPANY NAME:LOCATION:CONTACT PERSON AND TITLE:TELEPHONE NUMBER:SCOPE OF WORK:CONTRACT PERIOD:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 62 
  • 85. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219LIST OF SUBCONTRACTORS AND SUPPLIERSList any subcontractors and suppliers you intend to use on this project and the categories of work they will perform. Biddersare strongly encouraged to explore utilizing area subcontractors and suppliers. Make as many copies of this form asnecessary to cover all categories of work.Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip:Category of Work:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 63 
  • 86. Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 64 
  • 87. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219 REQUIRED QUALIFICATION DOCUMENTS  Attach a statement that states that the Contractor has been in business at least two (2) years.  Attach a CERTIFIED statement naming the principal owners and their ownership in any other asbestos related companies.  NOTARIZED Statement for ALL items reflected below (as outlined in the Technical Specification, Section 3 paragraph 1.1.5 inclusive of all sub-paragraphs o A record of any citations issued by any Federal, State or Local regulatory agencies relating to asbestos abatement activity. Include projects, dates and resolutions. o A list of penalties incurred through non-compliance with asbestos abatement project specifications including liquidated damages, over-run in scheduled time limitations and resolution. o Situations in which an asbestos related contract has been terminated including projects, dates and reason for terminations. o Copies of any notices of intent to initiate enforcement or settlement agreements such as: Notice of Violation, Notice of Intent to Enforce Violation, or Consent Agreements. o A listing of any asbestos related legal proceedings/claims in which the Contractor (or employees scheduled to participate in the project) has participated or is currently involved. Include description of role, issue and resolution to date. o A certified statement listing all owner of the company  Contractor shall demonstrate prior experience on asbestos abatement projects of similar nature and scope through the submission of letters of reference from the Building Owners including the name, address and telephone number of contact person (someone specifically familiar with the Contractors work) for at least three (3) previous users of service. Include descriptions of projects, locations, and records of all air monitoring data that were generated during the project.  Contractor shall furnish a copy of work procedure (e.g. containment, decon-unit, respirator, emergency plan, etc.).  Licenses and Qualifications The company submitting a bid must be a licensed asbestos abatement contractor. Contractor must be licensed as required by the Texas Department of State Health Services for the purpose of removal, encapsulation, enclosure, demolition and maintenance of structures or components covered by or composed of asbestos-containing materials. In accordance with Texas Department of State Health Services regulations (295.31(e) each person on the job site must have the identification card issued by the TDSHS, proof of required training, current physical, and current respirator fit-test prior to work. The City of San Angelo reserves the right to reject bids based on information identified in the Specifications Section 3, paragraph 1.1.5, inclusive of all sub-paragraphs. The standard for such rejection shall be based on the following:  One or more project termination prior to completion.  One or more legal proceeding which could affect the financial ability of Contractor to complete the project.  Two or more citations, consent agreements, or enforcement violations within the past three years categorized as Severity Level I as defined by DSHS rule §295.70(f)(1).  Three or more “Notice of Violations” within the past three years for the same or essentially similar infraction categorized as Severity Level II as defined by DSHS rule §295.70(f)(2).  Three or more assessments for liquidated damages relating to schedule overruns.  Five or more “Notice of Violations” within the past three years as defined by DSHS rule 295.70(f).RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 65 
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  • 89. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219BID PROPOSAL RFB No. CED-02-11/Asbestos Abatement-BRCPROJECT: 2011 Asbestos Abatement Project for Former Coca Cola located at 69 N. Chadbourne, San Angelo,Texas.(Name of Business)(Contact Person)(Address – City, State Zip)(Phone) (Fax)Having carefully examined the Specifications and Plans, and addenda to the plans and specifications, as prepared byX8Environmental, Inc, the Consultant on this Project, as well as the premises and all the conditions affecting the work,including the availability of materials and labor, the undersigned proposes to furnish all labor, materials and equipmentnecessary to complete the entire work in accordance with the above Documents for the following sum: Note: Amount shall be shown in both written and figure form. In case of discrepancy between the written amount and the figure, the written amount will govern.BASE BID: DOLLARS $CONSTRUCTION ALLOWANCES: The above BASE BID includes Contract Construction ContingencyAllowance in the amount of $3,000.00. This is a lump sum amount from which changes are to be paid only asapproved by the City.PROJECT DURATION: The undersigned further agrees, if awarded the Contract, to commence work under the Contracton or before date to be specified in the Contract Agreement and to substantially complete the project within NINETEENCALENDAR (19) DAYS after the specified commencement date. ADDENDA: Receipt is hereby acknowledged of the following addenda: No. No. No. No.LIQUIDATED DAMAGES: The undersigned further agrees that, from the compensation otherwise to be paid, theOwner may retain the sum of $850.00 per day for each calendar day after the above mentioned Project Duration that thework is not substantially complete.  Bidder agrees that this sum is the proper measure of liquidated damages, which the Owner will sustain per diem by the failure of the Undersigned to complete the work at the time stipulated in the Contract.  This sum is not to be construed in any sense a penalty. The above- liquidated damages shall be required to offset losses suffered by Owner due to Contractor’s failure to substantially complete the project in the time specified.CONTRACT AND BOND EXECUTION: The undersigned agrees, if awarded the Contract, to execute Contract andBonds within ten (10) days after notification of award and to commence work within ten (10) days from date of notice toproceed from the Owner.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 67 
  • 90. BID BOND:A Bid Bond is required in the amount of five (5) percent on all bids $25,000 or greaterBONDS AND CERTIFICATES OF INSURANCEBefore execution of the Contract, the successful Bidder will be required to furnish the Owner in such form approved bythe Owner the following:  If the bid is in excess of $100,000, a Performance Bond in an amount not less than the Total Contract Amount conditioned on the faithful performance of the Contract.  If the bid is in excess of $25,000.oo, a Payment Bond in an amount not less than the Total Contract Amount conditioned upon payment of all persons supplying labor and materials for the Project.  Certificates of Insurance (providing that written notice must be furnished to the City thirty (30) days prior to any cancellation) for the insurance coverage required; the Bonds and Insurance coverage must be approved in all respects by the Owners Risk Manager.RIGHT TO ACCEPT OR REJECT: The City rese rves the right to ac cep t or reject a ny a n d a l l B i d s a n d t o waive allirregularities. It is further agreed that this Bid shall be valid and not withdrawn for a period of sixty (60) days from thedate of opening thereof.Re spectfully submitted,(name of Bidder)(signature)(title)(business address)SEAL: (If bid is by a Corporation)Fill in the applicable information: A Corporation, chartered in the State ofauthorized to do business in the State of Texas.A Partnership, composed of and. andAn Individual, operating under the name of:A Joint Venture composed of (Insert Full name and address of Joint Venture and names and addresses of co-venturers. Identify firm to be responsible for contract administration.A list of Subcontractors whose Sub-Bids have been used in the compilation of this Bid Proposal is enclosed in aseparate sealed envelope and submitted herewith.Note: Agents must provide evidence of authority to bind corporation. END OF BID FORMRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 68 
  • 91. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219 Firm Name: Mailing Address: City, State Zip Code: Accts Receivable Address: City, State Zip Code: Tax ID No: Payment Terms: Tele. No: FAX: Email: Authorized Signature: Title: Print Name: Date:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 69 
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  • 93. From: Larry Richardson [lrichardson@renewenvironmental.com] Sent: Thursday, July 07, 2011 9:34 AM To: Lewis, Ron Subject: RFB No. CED-02-11/Asbestos Abatement-BRC Dear Ron, After speaking with you regarding our bid that was submitted yesterday on project RFB No. CED-02-11/Asbestos Abatement-BRC, we are requesting to withdraw our bid and ask that our Bid Bond be returned. We apparently misinterpreted the bid form and did not include "the deductive" alternates in our base bid of $38,000.00. Mistakenly, we took the 2 alternates to be additives to our base bid. For clarification, if we had included the alternates with our base bid, our price would have been $49,200.00. We appreciate your understanding and wish you good luck on the project. Sincerely, Larry Richardson Renew Environmental 512-789-5092file:///O|/2011%20Agenda%20Packets/07-19-11/PUR%20CED-02-11%20Asbestos%20Abatement-BRC.txt[7/15/2011 12:25:06 PM]
  • 94. CITY OF SAN ANGELO BID TABULATION * RFB NO: CED-01-11/BRC Asbestos Abatement * July 6, 2011 Asbestos Abatement for Former Coca Building Advanced Cola located at 69 N. Chadbourne, San Renew Asbestos Abatement EnvironmentalNo. Angelo, TX Environmental Removal Inc Vanco Insulation Sisk-Robb, Inc Demolition Co. EDRS Services AAR, Inc Base Bid (All work including alternates 1 1 and 2- includes $3000 allowance) $ 38,000.00 $ 74,763.00 $ 51,386.00 $ 61,400.00 $ 51,000.00 $ 73,650.00 $ 62,500.00 $ 47,000.00 Deductive Alternate 1 (West End of 2 Building - includes $1000 allowance) $ 9,700.00 $ 25,572.00 $ 12,000.00 $ 7,000.00 $ 13,000.00 $ 7,950.00 $ 15,000.00 $ 11,000.00 Deductive Alternate 2 (Basement) 3 $ 1,500.00 $ 7,073.00 $ 3,500.00 $ 5,000.00 $ 3,000.00 $ 5,500.00 $ 7,800.00 $ 2,890.00 Total Bid $ 38,000.00 $ 74,763.00 $ 51,386.00 $ 61,400.00 $ 51,000.00 $ 73,650.00 $ 62,500.00 $ 47,000.00 Bid Bond: Yes YES YES YES YES YES YES YES Bids Mailed To: AAR Liberty Hill TX Advanced Environmental Services Odessa TX Asbestos Removal, Inc. Odessa TX Basic Industries Dripping Springs TX Bolado Environmental Service San Antonio TX Border Demolition & Environmental Inc El Paso TX Building Abatement and Demolition Austin TX CST Environmental Inc Dallas TX EDRS, Inc Lubbock TX Lynx Contractors San Marcos TX North American Analytical Lab Inc Abilene TX Sisk Robb Leander TX Terracon Consulting Midland TX VANCO Midland TX West Texas Abatement Lubbock TX Zavala Environmental Services Lubbock TXY:11-RFXComm & Eco DevelopmentRFB CED0211 BRC AbatementBid Tab
  • 95. CITY OF SAN ANGELO REQUEST FOR BIDS RFB No: CED-02-11Community and Economic Development Division Business Resource Center Asbestos Abatement Contract Documents Specifications City of San Angelo 106 South Chadbourne San Angelo, Texas, 76903 RFB SUBMITTAL DEADLINE No later than May 27, 2010, 2:00 P.M., Local Time
  • 96. Table of Contents This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Bidders are responsible for reading the entire proposal package and complying with all specifications.Table of Contents INVITATION TO BID...................................................................................................................................................... 1 SCOPE OF WORK ......................................................................................................................................................... 1 DOCUMENT, PLANS AND SPECIFICATIONS AVAILABILITY .................................................................................................. 1 DIGITAL FORMAT ......................................................................................................................................................... 1 INSURANCE AND INDEMNIFICATION REQUIREMENTS ......................................................................................................... 1 QUALIFICATION STATEMENT.......................................................................................................................................... 1 PRE-BID CONFERENCE AND SITE INVESTIGATION ............................................................................................................ 1 DELIVERY OF PROPOSAL DEADLINE ............................................................................................................................... 1 REJECTION OF BIDS ..................................................................................................................................................... 2 BID WITHDRAWAL ........................................................................................................................................................ 2 CONFIDENTIALITY......................................................................................................................................................... 2 EQUAL OPPORTUNITY EMPLOYERS ................................................................................................................................ 2 TENTATIVE PROJECT SCHEDULE ................................................................................................................................... 2 POINTS OF CONTACT .................................................................................................................................................... 31. INSTRUCTIONS TO BIDDERS............................................................................................................................ 5 1.1 BIDS ............................................................................................................................................................. 5 1.1.1 Submission of Bid................................................................................................................................... 5 1.1.2 Required Response................................................................................................................................ 5 1.1.3 No Bid Instructions ................................................................................................................................. 5 1.1.4 Modifications – Corrections, Deletions or Additions ............................................................................... 5 1.1.5 Bid Form ................................................................................................................................................. 5 1.1.6 Withdrawal of Bids.................................................................................................................................. 6 1.1.7 Rejection of Bids .................................................................................................................................... 6 1.1.8 Award and Execution of Documents ...................................................................................................... 6 1.1.9 Bid Security ............................................................................................................................................ 7 1.1.10 Return of Bid Security ........................................................................................................................ 7 1.1.11 Interpretations.................................................................................................................................... 7 1.1.12 Taxes and Permits ............................................................................................................................. 7 1.1.13 Examination of Contract Documents ................................................................................................. 8 1.1.14 Familiarization with the Type of Work ................................................................................................ 8 1.1.15 Soils Testing Specifications ............................................................................................................... 8 1.1.16 Subcontractors and Suppliers............................................................................................................ 8 1.1.17 Copies of Contract Documents .......................................................................................................... 9 1.1.18 Performance and Payment Bonds ..................................................................................................... 9 1.1.19 Quantities are Approximate ............................................................................................................... 9 1.1.20 Employment Requirements and Wage Rates .................................................................................... 92. PROJECT AGREEMENT FORM (DRAFT) ........................................................................................................ 153. GENERAL CONDITIONS................................................................................................................................... 33 3.1. GENERAL CONDITIONS ................................................................................................................................. 33 3.2. DEFINITIONS ................................................................................................................................................ 33 3.3. NOTICE TO PROCEED AND THE PRECONSTRUCTION CONFERENCE .................................................................... 35 3.4. OWNERSHIP, COPIES OF DOCUMENTS, AND RECORD DOCUMENTS ................................................................... 35 3.5. COOPERATION BETWEEN CONTRACTORS ...................................................................................................... 35 3.6. SUBCONTRACTS .......................................................................................................................................... 36 3.7. PATENT FEES AND ROYALTIES ...................................................................................................................... 36 3.8. PERMITS, LAWS, TAXES, AND REGULATIONS .................................................................................................. 36 3.9. AVAILABILITY OF LANDS/SITE ....................................................................................................................... 36 3.10. USE OF PREMISES ....................................................................................................................................... 36 3.11. OWNERS STATUS DURING CONSTRUCTION.................................................................................................... 36 i
  • 97. 3.12. OWNERS INTERPRETATIONS AND DECISIONS ................................................................................................. 37 3.13. SHOP DRAWINGS AND SAMPLES ................................................................................................................... 37 3.14. REQUIRED TESTS AND INSPECTIONS BY LAW .................................................................................................. 37 3.15. CONTRACTORS SUPERVISION AND SUPERINTENDENCE ................................................................................... 37 3.16. SAFETY AND PROTECTION ............................................................................................................................ 38 3.17. ACCESS TO THE WORK ................................................................................................................................ 38 3.18. CHANGES IN THE WORK ............................................................................................................................... 38 3.19. CHANGES OF CONTRACT PRICE .................................................................................................................... 39 3.20. EXTRA WORK. ............................................................................................................................................. 39 3.21. CHANGE OF CONTRACT TIME ........................................................................................................................ 39 3.22. NEGLECTED WORK ...................................................................................................................................... 40 3.23. WARRANTY AND GUARANTEE REGARDING DEFECTIVE WORK.......................................................................... 40 3.24. WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS ..................................................................................... 40 3.25. CITYS RIGHT TO STOP OR SUSPEND WORK ................................................................................................... 40 3.26. CITYS RIGHT TO TERMINATE ........................................................................................................................ 41 3.27. CONTRACTORS RIGHT TO STOP WORK OR TERMINATE ................................................................................... 41 3.28. ASSIGNMENT AND SUBLETTING ..................................................................................................................... 41 3.29. ABANDONMENT BY CONTRACTOR.................................................................................................................. 41 3.30. ABANDONMENT BY OWNER........................................................................................................................... 42 3.31. WORKER’S COMPENSATION INSURANCE REQUIREMENTS ................................................................................ 42 3.31.1 Definitions ........................................................................................................................................ 42 3.31.2 Workers’ Compensation Insurance Coverage ................................................................................. 42 3.31.3 Failure to Maintain Adequate Insurance Coverage.......................................................................... 43 3.32. CONTRACT MEASUREMENT AND PAYMENT ..................................................................................................... 43 3.32.1 Quantities and Measurements ......................................................................................................... 43 3.32.2 Estimated Quantities ....................................................................................................................... 43 3.32.3 Price of Work ................................................................................................................................... 44 3.32.4 Partial Payment Estimates .............................................................................................................. 44 3.32.5 Deadline .......................................................................................................................................... 44 3.32.6 Payment .......................................................................................................................................... 44 3.32.7 Warranty .......................................................................................................................................... 44 3.32.8 Approval of Payments ..................................................................................................................... 45 3.33. SUBSTANTIAL COMPLETION .......................................................................................................................... 45 3.34. PARTIAL UTILIZATION ................................................................................................................................... 45 3.35. FINAL PAYMENT .......................................................................................................................................... 45 3.36. PAYMENTS WITHHELD .................................................................................................................................. 46 3.37. DELAYED PAYMENTS ................................................................................................................................... 46 3.38. WORKING DAY ............................................................................................................................................ 46 3.39. CHARACTER OF EMPLOYEES......................................................................................................................... 46 3.40. INSPECTION OF THE WORK ........................................................................................................................... 46 3.41. UNAUTHORIZED WORK ................................................................................................................................. 47 3.42. CONFORMITY WITH CONTRACT DOCUMENTS................................................................................................... 47 3.43. MATERIALS ................................................................................................................................................. 47 3.43.1 Materials and Equipment ................................................................................................................. 47 3.43.2 Right of the City to Modify Equipment and/or Methods.................................................................... 47 3.43.3 Owner Furnished Materials ............................................................................................................. 47 3.43.4 Material Storage .............................................................................................................................. 48 3.44. PROJECT MEETINGS .................................................................................................................................... 48 3.44.1 Pre-construction Meeting ................................................................................................................. 48 3.44.2 Progress Meetings........................................................................................................................... 49 3.45. CONSTRUCTION ADMINISTRATION.................................................................................................................. 49 3.45.1 Notices to Owners and Authorities .................................................................................................. 49 3.45.2 Notification of Street Closing ........................................................................................................... 49 3.45.3 Detours and Barricading .................................................................................................................. 49 3.45.4 Unfavorable Construction Conditions .............................................................................................. 49 3.45.5 Cleaning Up ..................................................................................................................................... 49 3.45.6 Restoration of Work Site .................................................................................................................. 49 3.45.7 Site Administration........................................................................................................................... 50 3.45.8 Load Restrictions ............................................................................................................................. 50 3.45.9 Applicable Codes............................................................................................................................. 50 3.46 SITE INVESTIGATION..................................................................................................................................... 504. SPECIFICATIONS ............................................................................................................................................. 51ii
  • 98. 5. BID FORMS ....................................................................................................................................................... 53 DISCLOSURE OF CERTAIN RELATIONSHIPS ................................................................................................................... 55 DEBARMENT AND SUSPENSION CERTIFICATION ............................................................................................................. 59 CONTRACTOR REFERENCES........................................................................................................................................ 61 LIST OF SUBCONTRACTORS AND SUPPLIERS ............................................................................................................... 63 REQUIRED QUALIFICATION DOCUMENTS....................................................................................................................... 65 BID PROPOSAL .......................................................................................................................................................... 67 iii
  • 99. iv
  • 100. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219INVITATION TO BID Scope of Work The work specified herein shall be the removal and disposal of asbestos-containing materials by competent persons; trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos containing and asbestos contaminated materials and the subsequent cleaning of contaminated areas, who comply with all applicable Federal, State, and Local regulations and are capable of and willing to perform the work of this Contract. The successful bidder shall furnish all necessary labor, supervision, tools, supplies, insurance and required equipment to perform the work in a workman like manner. All work performed is subject o the provisions of Part 40 CFR, Texas Department of Health, all local, State and Federal codes and regulations and these specification.. Asbestos abatement is to be performed for City of San Angelo at: Business Resource Center (Former Coca Cola) 69 North Chadbourne San Angelo, Texas Document, Plans and Specifications Availability Contract documents, including plans and specifications are available and may be examined without charge in the Purchasing Department, 106 South Chadbourne, Room 204, San Angelo, Texas. Bid documents, plans, and specifications may be obtained at the Purchasing Department, 106 South. Chadbourne, Room 204, or they may be downloaded at the City’s website at: 1. www.sanangelotexas.us 2. City Departments 3. Purchasing 4. Bid Information 5. 2011 Bidding Opportunities Digital Format If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Respondents makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation without recourse. Insurance and Indemnification Requirements Insurance and indemnification requirements applicable to this project are included within the draft Project Agreement Form included within this bid package. Please read the bold note at the top of the first page of the draft Project Agreement Form and review the insurance and indemnification requirements listed in Section 5 of that form with your insurance agent prior to submitting your bid. Qualification Statement Prospective bidders should be advised that a qualification statement is required. Pre-Bid Conference and Site Investigation A mandatory pre-bid conference will be held on, May 18, 2010 at 1:30 P.M., Local Time at the Business Resource Center (Former Coca Cola Offices), 69 North Chadbourne, San Angelo, Texas. Representatives of the City will discuss bid conditions and answer questions regarding bid procedures. At this time, all potential bidders must perform a site investigation as a pre-requisite to bid. Delivery of Proposal Deadline Sealed proposals will be received until May 27, 2010, 2:00 PM, Local Time. Bidders are requested to submit one (1) original and two (2) copies of all required bid forms and all other required documents.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 1 
  • 101. Submissions not received by the bidding deadline will be rejected, unopened and returned. The clock located in the Purchasing Department will be the official time The proposal should be addressed as reflected below: USPS City of San Angelo Purchasing Department RFB: CED-02-11 P. O. Box 1751 San Angelo, Texas 76902-1751 Mark Sealed Envelope: “RFB No. CED-02-11/Asbestos Abatement-BRC” Delivery Service: City of San Angelo Purchasing Department RFB: CED-02-11 106 South Chadbourne, Room 204 San Angelo, Texas 76903 Mark Sealed Envelope: “RFB No. CED-02-11/Asbestos Abatement-BRC” Mark Delivery Container/Envelope: “Sealed Bid Enclosed” It is the sole responsibility of the firm to ensure that the sealed submittal arrives at the above location by specified deadline regardless of method chosen by the company for delivery. Bids not received on time will be rejected. Faxed or electronically transmitted submittals will not be accepted Rejection of Bids The City of San Angelo reserves the right to reject all bids, to waive informalities or irregularities, and to reject non-conforming, non-responsive, or conditional bids. Bid Withdrawal No bid may be withdrawn within a period of 30 days after the date fixed for opening bids. Confidentiality All bids submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified. Equal Opportunity Employers All contractors and subcontractors must be Equal Opportunity Employers. Disadvantaged and Minority Bidders are encouraged to participate. Tentative Project Schedule a. Project Walk-through: Friday, May 18, 2011, 1:30 P.M. b. Bid Opening: May 27, 2011, 2011, 2:00 P.M. c. Contract Award: Upon City Council approval (if required) d. Performance and/or Payment Bond Due Date: Immediately following Notice To Proceed. e. Insurance Certificates Due Date to the City: Immediately following Notice To Proceed. f. Construction Meeting: First Day of Project g. Notification Date: In sufficient time to start on the selected start date.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 2 
  • 102. Note: No work may begin until Notice to Proceed is given by the building owner or his representative. No abatement procedures may begin unless the consultants project manager is on site and is notified that work is about to begin. Points of Contact Laura Brooks, Purchasing Specialist Ron Lewis, Manager Purchasing Division Construction and Facilities Maintenance City of San Angelo City of San Angelo P.O. Box 1751 P.O. Box 1751 San Angelo Texas, 76902 San Angelo Texas, 76902 Email: laura.brooks@sanangelotexas.us Email: ron.lewis@sanangelotexas.us Telephone: (325) 657-4219 Telephone: (325) 481-2773RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 3 
  • 103. Intentionally Left BlankRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 4 
  • 104. CITY OF SAN ANGELO PURCHASING DIVISION P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42191. INSTRUCTIONS TO BIDDERS 1.1 BIDS 1.1.1 SUBMISSION OF BID Each Bid and accompanying data shall be enclosed in a sealed opaque envelope or wrapping, addressed to the City of San Angelo, Texas, marked BID ENCLOSED and identified on the outside with the Bidders name and with the bid number and/or title as stated in the Invitation to Bid. The City will not be responsible for the premature opening of any proposal which is not submitted in a satisfactory BID ENVELOPE or which is not properly addressed and identified. If the Bid is sent by carrier (Fed Ex, UPS, etc), the sealed envelope shall be enclosed in the carrier’s packaging with the notation "BID ENCLOSED" on the face thereof. Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 1.1.2 REQUIRED RESPONSE The City requires a response to any RFB’s mailed to potential bidders. Should a company receive an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s Potential Bidders List you must submit a “No Bid”. 1.1.3 NO BID INSTRUCTIONS To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the bidders list. 1.1.4 MODIFICATIONS – CORRECTIONS, DELETIONS OR ADDITIONS No phone, fax, or email changes to bids will be accepted. Prices cannot be changed after bids are opened. Corrections, deletions, or additions shall be submitted in writing and delivered in a sealed envelope prior to bid opening. 1.1.5 BID FORM Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The state of incorporation shall be shown below the corporate name. Bids by partnerships must be executed in the partnership name and signed by a partner; title and the official address of the partnership must be shown below the signature. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant. The names of all persons signing must also be legibly printed below the signature. A Bid by a person who affixes to his signature the word "president", "secretary", “agent", or other designation without disclosing his principle may be held to be the Bid of the individual signing. When requested by the City, evidence of the authority of the person signing shall be furnished. Bid forms must be completed in ink. All blank spaces in the Bid Form shall be filled. A bid price shall be indicated for each item and alternative listed therein, or the words "No Bid", "No Charge", or other appropriate phrase shall be entered. Bids received without all such items completed may be considered non- responsive. The Bidder is not required to acknowledge receipt of Addenda but shall include all addenda in Bidder’s response. No alterations in Bids or alterations made to the printed forms, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 5 
  • 105. 1.1.6 WITHDRAWAL OF BIDS Bids may be modified or withdrawn by contacting the Purchasing Department and requesting withdrawal any time prior to opening of Bids. Notice must be in writing. Notices by email, fax, or phone will not be accepted. 1.1.7 REJECTION OF BIDS The City reserves the right to reject all bids, and does not bind himself to accept the lowest bid or any proposal for this work or any part thereof and shall have the right to ask for new bids for the whole or parts, should he desire to do so. 1.1.8 AWARD AND EXECUTION OF DOCUMENTS It is not the policy of the City to purchase based on low bids alone. The award of the bid, if it is awarded, will be to the Bidder whose qualifications indicate the award will be in the best interest of the City; Bid complies with all the prescribed requirements and provides the best value as determined by the City. In evaluating Bids, the City shall consider the Criteria for determining Lowest Responsible Bidder adopted by the City Council and included herein. The following criteria will be used in determining “best value“:  The overall purchase price;  The quality of the vendor’s goods or services;  Was the bid received within the time and date specified in the Request for Bid (RFB)?  Was the bid executed by a person authorized to sign for the company?  Was pricing provided as requested in the Request for Bids?  Does the bid meet the minimum specifications?  Does the bidder and bidder’s subcontractors have adequate experience and technical experience to successfully fulfill the contract requirements?  Did the bidder provide a list of references to include company or individual name, contact person, phone number?  Does the bidder have a good reputation for their goods and services?  Did the bidder provide a list of projects of similar size and dollar amount as this project?  What is the bidder’s quality and performance on previous City contracts?  Is the bidder on the federal, state, or other department debarment/suspension lists?  Has the bidder been terminated from a project for non-compliance or substandard work?  Does the bidder have the financial resources successfully complete the project? For example, equipment, materials, labor, etc.  Can the bidder provide a performance and payment bond in an amount equal to the total amount of the project?RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 6 
  • 106.  Does the bidder have a permanent place of business?  Does the bidder have a satisfactory safety record?  Does the bidder have adequate staff available to complete the project within the time frame specified?  Can the bidder provide the required insurance coverages as specified?  Does the vendor’s have a good working relationship with the City  Has the bidder or bidder’s subcontractors been convicted of any criminal acts?  The total long-term cost to the City to acquire the vendor’s goods or services; and  Any other relevant factor specifically listed in the request for bids and proposals. In analyzing Bids, the City may take into consideration alternates and unit prices if requested by the Bid forms. The City reserves the right to reject any or all Bids, to waive any or all informalities, and to reject nonconforming, non-responsive, or conditional bids. Failure of the selected Bidder to deliver the required Contract Documents, including the required Bonds and insurance, within thirty (30) days of the Notice of Award to the selected Bidder shall be just cause for the City to annul the award and declare the Bid and any guarantee thereof forfeited, not as a penalty, but as liquidation of damages to the City. 1.1.9 BID SECURITY Each proposal greater than $25,000 must be accompanied by a Bid Bond, Certified or Cashiers Check (on a solvent bank in the State of Texas), drawn to the order of the City in the sum of not less than five percent (5%) of the total amount of the proposal. The bid bond must be executed by a surety meeting the requirements set forth in Section 2, General Conditions. The bid security shall be made payable without condition to the City of San Angelo, Texas. 1.1.10 RETURN OF BID SECURITY The bid security of the successful Bidder will be retained until he has executed the contract agreement and furnished the required Contract Security and insurance, whereupon checks furnished as bid security will be returned. The bid security of any Bidder whom City believes to have a reasonable chance of receiving the award may be retained by City until the day after the required documents are delivered by the selected Bidder to the City but not to exceed 60 days after the Bid opening. Checks furnished as bid security by other Bidders will be returned within 30 days of the Bid opening. 1.1.11 INTERPRETATIONS All questions about the meaning or intent of the Contract Documents shall be submitted to the City in writing at least 10 days prior to bid opening date. Replies will be issued by Addenda mailed, faxed, emailed, or delivered to all parties recorded by the City as having received the bid documents. Questions received less than ten days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect. 1.1.12 TAXES AND PERMITS Attention is directed to the requirements of Section 2, General Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully assessed against the City or Selected Bidder in connection with the Work shall be paid by the selected Bidder. The bid prices shall include all such taxes and the costs of all required permits. The City is exempt from State Sales Tax. The Citys State Sales Tax Exemption Number is 75-6000-659.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 7 
  • 107. 1.1.13 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with the Contract Documents. The submission of a bid shall constitute an acknowledgment that the bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him from any obligations with respect to his bid or to the contract. No claim for extra or additional compensation will be allowed based upon a lack of knowledge of any contract document, and the City will in no case be responsible for any loss or for unanticipated costs that may be suffered by the selected Bidder as a result of conditions pertaining to the work. 1.1.14 FAMILIARIZATION WITH THE TYPE OF WORK Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, local labor conditions and all laws, regulations, and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. 1.1.15 SOILS TESTING SPECIFICATIONS The Contractor will be allowed to conduct soils investigations within the alignment of the proposed Project, as they can be coordinated with the City and appropriate landowners during the Bid preparation phase. All such investigations must be coordinated through the City. 1.1.16 SUBCONTRACTORS AND SUPPLIERS When requested by the City, within 24 hours of bid opening, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the Work. SUBCONTRACTOR QUALIFICATION Particular consideration will be given to the qualifications of each Subcontractor proposed to perform more than 5 per cent (5%) of the Work. The successful Bidder will submit to the City for acceptance a final list of the names of subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) identifying that portion of the Work to be performed by each subcontractor within fourteen (14) days of the issuance of Notice of Award. Subcontractors will be evaluated utilizing “Criteria for Determining Lowest Responsible Bidder” as contained herein. The City will notify the successful Bidder in writing if, after due investigation, there is objection to any Subcontractor, person, or organization on such list. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Additional requirements for subcontractors are contained within Section 2, entitled General Conditions, of this document. The failure of the City to make any such objection prior to the execution and delivery of the Agreement shall constitute an acceptance of such Subcontractor, person, or organization. Such acceptance a Subcontractor, person or organization shall not: (1) constitute a waiver of any right of the City to reject defective Work, Material, or Equipment, or Work, Material, or Equipment not in conformance with the requirements of the Contract Documents; or (2) constitute a waiver of Contractor’s complete and total liability for any defective Work, Material, or Equipment, or Work Material or Equipment not in conformance with the requirements of the Contract Documents whether or not provided by or performed by any such Subcontractor. If the City registers objection to and refuses to accept a Subcontractor, person, or organization list the successful Bidder may either (1) submit an acceptable substitute without an increase in his Bid price or (2) withdraw his Bid. If the City raises objection to a Subcontractor, person, or organization after the execution and delivery of the Agreement, the Contractor will submit an acceptable substitute and the Contract Price shall be increased or decreased by the reasonable difference in cost occasioned by such substitution and an appropriate Change Order shall be issued. In the event that prior objection is raised as described above, but the Contractor fails to submit an acceptable substitute prior to execution and delivery of the Agreement, no increase in Contract Price shall be allowed.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 8 
  • 108. SUPPLIERS The list of Subcontractors shall also include the suppliers and manufacturers of the principal items of materials and equipment the Bidder expects to use in the Work. 1.1.17 COPIES OF CONTRACT DOCUMENTS The selected Bidder to whom a contract is awarded will be furnished, without cost to him, five (5) copies of the specifications and five (5) sets of the drawings, together with all Addenda thereto. Additional copies of specifications and drawings may be obtained from the City at the cost stated in the Invitation to Bid. 1.1.18 PERFORMANCE AND PAYMENT BONDS (a) Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall furnish bond(s) each in a penal sum of at least the full amount of the contract as awarded in the form included in the specifications, which secures the faithful performance of the contract, and for the payment of all persons, firms or corporations to whom the selected Bidder may become legally indebted for labor, materials, tools, equipment, or service, of any nature, employed or used by him in performing the work. Such bond(s) shall bear the same date as or a date subsequent to, the date of the contract. (b) On each such bond the rate of premium shall be stated, together with the total amount of the premium charged. The current power of attorney for the person who signs for any surety company shall be attached to such bond. (c) The failure of the successful bidder to supply the required bonds within thirty (30) days after the prescribed forms are presented for signature, or within such extended period as the City may grant based upon reasons determined adequate by the City, shall constitute a default, and the City may either award the contract to the next responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guarantee. (d) Performance and Payment Bonds shall be delivered to the Purchasing Department. 1.1.18.1 WAIVER OF PERFORMANCE AND PAYMENT BONDS Performance and Payment Bonds may be waived under the following circumstances: 1) The Payment Bond is not required if the contract sum is twenty-five thousand ($25,000.00) Dollars or less, 2) The Performance Bond is not required if the contract sum is less than one-hundred thousand ($100,000.00) Dollars, and 3) The selected bidder provides a current certificate of Insurance listing coverages in the amounts required herein. 1.1.19 QUANTITIES ARE APPROXIMATE The quantities named in the bid-agreement form or separately listed are approximate only, but these are to be used as a basis for the comparison of proposals and to determine the amount of the bonds. However, if a unit price appears to the City to be unbalanced to such an extent that changes in actual quantities required under the contract might result in contract price adjustments which would increase payments to the selected Bidder excessively, then the City may take such a condition under consideration in making the award of the contract. 1.1.20 EMPLOYMENT REQUIREMENTS AND WAGE RATES 1.1.20.1 GENERAL The award of this contract shall be based in part upon payment by the selected Bidder and his Subcontractors of wage rates not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. The selected Bidder shall comply with all requirements of the prevailing wage law of the State of Texas,RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 9 
  • 109. Texas Government Code, Chapter 2258, including the latest amendments thereto. The prevailing wage law does not prohibit payment of more than the general prevailing rate of wages. 1.1.20.2 RECORDS The selected Bidder and each Subcontractor shall keep an accurate record showing the names and occupations of all laborers, workers, and mechanics employed, together with the actual wages paid to each worker. At all reasonable hours, such records shall be open to inspection by the representatives of City. 1.1.20.3 Penalty If the selected Bidder or any Subcontractor fails to comply with the prevailing wage law, he shall forfeit to City sixty dollars ($60.00) per day for each laborer, workman, or mechanic who is paid less than the specified rate, pursuant to §2258.023 of the Texas Government Code. 1.1.20.4 HOURS OF LABOR The selected Bidder shall comply with all requirements of the hours of work on public works defined by Texas Government Code §650.001, including the latest amendments thereto, as an eight (8) hour work day. Violation of this provision is punishable by fine and imprisonment pursuant to §650.003 of the Texas Government Code. 1.1.20.5 VETERANS PREFERENCE Pursuant to Texas Government Code, §657.004, the selected Bidder shall give preference in employment to honorably discharged veterans who were engaged in the services of the United States in time of war or conflict and who are and have been citizens of Texas for not less than five (5) years. 1.1.20.6 PREVAILING WAGE AND HOUR DECISION Chapter 2258 of the Texas Government Code requires contractors and subcontractors performing work on public works contracts to pay wages at a rate consistent with the rate prevailing in the area. Under federal law, the United State Department of Labor is required to maintain a prevailing Wage and Hour decision for each geographical area. Compliance with the published decision meets the requirements of the Texas Government Code. Additionally, the Davis-Bacon Act and other related federal law requires all contractors and subcontractors performing work on federal construction contracts or federally assisted contracts in excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. If more than $2,000 of federal funds are included in the funding source for this project, then the following provisions apply: 1. If the Wage Decision lists fringe benefits, you must either provide the benefits or pay the hourly equivalent in cash in addition to the predetermined wage. 2. Labor classifications not appearing on the Wage Decision will be deferred to the U.S. Department of Labor (DOL) for approval. 3. Certified, original payrolls covering a seven (7) day period (seven consecutive days) must be submitted to the Construction and Facilities Maintenance Department within seven (7) days after a pay period ends. The forms are available online at http://www.dol.gov/esa/forms/whd/wh347instr.htm Each form must be certified, signed, and mailed to: Ron Lewis Construction and Facilities Maintenance City of San Angelo P.O. Box 1751 San Angelo, Texas 76902 4. The General Contractor and all subcontractors must submit the HUD 5282 form authorizing anRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 10 
  • 110. employee to supervise payroll. 5. The General Contractor must review all payrolls prior to submission and certify that all persons employed on the project (including those employed by subcontractors) have been paid the prevailing wage rate as prescribed by the Wage Decision. 6. The Construction Department staff will conduct on-site labor interviews to ensure proper wages are paid. Attached below is the latest Prevailing Wage and Hour Decision currently applicable. The selected bidder will be responsible for compliance with the applicable portion of Davis-Bacon and Related Acts and any such decision applicable at the timework is performed.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 11 
  • 111. General Decision Number: TX100301 10/01/2010 TX301Superseded General Decision Number: TX20080301State: TexasConstruction Type: BuildingCounty: Tom Green County in Texas.BUILDING CONSTRUCTION PROJECTS (does not include single familyhomes or apartments up to and including 4 stories).Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 10/01/2010BOIL0531-001 07/01/2008 Rates Fringes Boilermaker.................... ..............................$ 26.02....... 13.66---------------------------------------------------------------- ENGI0178-004 12/01/2009 Rates FringesOPERATOR: Forklift.............. .......................$ 21.20....... 9.35---------------------------------------------------------------- IRON0263-017 06/01/2008 Rates Fringes Ironworker, reinforcing........ .........................$ 20.90....... 4.60---------------------------------------------------------------- PAIN0053-003 04/01/2008 Rates FringesPainter - Brush, Roller &Spray............................. .................................$ 15.81....... 4.56----------------------------------------------------------------* PLUM0629-019 09/24/2010 Rates FringesPLUMBER/PIPEFITTER..... ...........................$ 21.00 ...... 6.25----------------------------------------------------------------* SUTX2009-173 06/03/2009 Rates FringesBRICKLAYER....................... .........................$ 18.00 ...... 0.00CARPENTER, Includes DrywallHanging, and Form Work..... ..........................$ 13.82 ...... 0.00CEMENT MASON/CONCRETE FINISHER...$ 13.89 ....... 0.00ELECTRICIAN...................... .........................$ 15.85....... 1.47RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 12 
  • 112. IRONWORKER, STRUCTURAL.......... ...........$ 10.84...... 0.00LABORER: Common or General...................$ 9.06........ 0.00LABORER: Mason Tender - Brick... ..............$ 9.13........ 0.00OPERATOR: Backhoe/Excavator..... ............$ 13.81....... 0.00OPERATOR: Blade/Grader.......... .................$ 12.97....... 0.00OPERATOR: Front End Loader....... ..............$ 12.23....... 0.00ROOFER........................... .............................$ 12.06....... 0.00TILE SETTER...................... ..........................$ 8.50 ....... 0.00TRUCK DRIVER..................... .......................$ 10.15....... 0.00----------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.========================================================Unlisted classifications needed for work not included within the scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).------------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectivelybargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined tobe prevailing.------------------------------------------------------------------ WAGE DETERMINATION APPEALS PROCESS1.) Has there been an initial decision in the matter? This can be:* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on a wage determination matter* a conformance (additional classification and rate) rulingOn survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage andHour Regional Office for the area in which the survey was conducted because those Regional Offices haveresponsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then theprocess described in 2.) and 3.) should be followed.With regard to any other matter not yet ripe for the formal process described here, initial contact should be with theBranch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202102.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 13 
  • 113. Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210The request should be accompanied by a full statement of the interested partys position and by any information wagepayment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202104.) All decisions by the Administrative Review Board are final.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 14 
  • 114. CITY OF SAN ANGELO PURCHASING DIVISION P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42192. PROJECT AGREEMENT FORM (DRAFT) NOTICEThis is the City’s standard form of agreement for projects of this type. The specified insurancerequirements in Section 19 are applicable to this project. After bids are opened and the City asdetermined its recommendation, a final agreement for your signature will be prepared. Theappropriate sections will be completed with an accurate summary of the description of work to beawarded and the bid price recommended to Council, including all alternates, options and addendato be awarded. This agreement must be finalized by the CITY, and signed by the Contractor, priorto the award of the bid by the City Council. PERFORMANCE AGREEMENT FOR BUSINESS RESOURCE CENTER ASBESTOS ABATEMENT This Agreement is entered into this ___ day of ____________, 201__, by and betweenthe City of San Angelo, a Texas home-rule municipal corporation, (“City”) and_______________________________, __________________, (“Contractor”). RECITALS A. The City has issued a Request for Bids Community and Economic DevelopmentDivision, Business Resource Center Asbestos Abatement, No. CED-02-11 (“RFB No. CED-02-11”) at San Angelo, Texas (“Proposal”), for the removal and disposal of asbestos-containingmaterials(“ACM”) at the Business Resource Center, formerly known as the Coca Cola Building,located at 69 N. Chadbourne, San Angelo (“Work”); and Contractor’s bid, in response thereto,has been selected as the most qualified proposal for the provision of the Work. B. On _______________, 2011, the City Council of the City of San Angelo,approved the selection of Contractor and authorized the City Manager to execute an agreement(“Agreement”), under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereincontained, Contractor and the City agree as follows:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 15 
  • 115. TERMS1. RECITALS: The recitals are true and correct and are herby incorporated intoand made a part of this Agreement.2. SCOPE OF WORK: A. Contractor agrees to perform all of the Work and furnish all of the material,supplies, tools, equipment, labor, site preparation, mobilization, preparatory clean up work, laydown, bagging, and the removal or abatement of all identified ACM to include: acoustic, ceilingplaster, adhered ceiling tiles with brown glue dots, drywall, base cove, floor tile with mastic, andresilient sheet flooring with mastic, and other services necessary for the completion of the workdescribed in RFB No. CED-02-11. Removal and disposal of ACM shall be by competentperson; trained, knowledgeable and qualified in the techniques of abatement, handling anddisposal of asbestos containing and asbestos contaminated materials and the subsequent cleaningof contaminated areas. Contractor agrees to complete all the Work as specifically described andindicated under the special terms and conditions set forth in the Contract Documents, which bythis reference is incorporated herein by reference in Section 7 of this Agreement. Contractorshall comply with all applicable Federal, State, and Local regulations. B. Contractor represents and warrants to City that: (i) it possesses all qualifications,licenses and expertise required under the Bid proposal for the performance of the Work; (ii) it isnot delinquent in the payment of any sums due City, including payment of permit fees,occupational licenses, etc., nor in the Work of any obligations to City; (iii) all personnelassigned to perform the Services are and shall be, at all times during the term hereof, fullyqualified and trained to perform the tasks assigned to each; and (iv) the Work will be performedin the manner described in the Contract Documents.3. TIME OF PERFORMANCE: Contractor agrees to substantially complete theWork within nineteen (19) consecutive calendar days (“Contract Time”) after the date the Workcommences as established by the Notice to Proceed. Contractor further agrees that approval forbeginning Work on the project will not be given and that Work will not start until all requiredbonds and insurance certificates specified in the bid documents have been received and approvedby the City.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 16 
  • 116. 4. LIQUIDATED DAMAGES: City and Contractor recognize that the time ofperformance is of the essence in this Agreement and that City will suffer financial loss if theWork is not substantially complete within the time specified in Section 3 above, plus anyextensions thereof allowed. Both parties hereto also recognize the delays, expense, anddifficulties involved in proving in a legal proceeding the actual loss suffered by City if the Workis not substantially complete on time. Accordingly, instead of requiring such proof, City andContractor agree that a reasonable estimate of liquidated damages for any delay (but not as apenalty) would be for Contractor to pay City Eight Hundred Fifty Dollars ($850.00) for eachcalendar day that expires after the time specified in Section 3 until the Work is substantiallycomplete. Therefore, Contractor shall pay as liquidated damages Eight Hundred Fifty Dollars($850.00) for each calendar day that expires after the time specified in Section 3 until the Workis substantially complete.5. CONTRACT PRICE: City shall pay to Contractor for performance of the Workembraced in this Agreement, and Contractor shall accept as full compensation therefore, the BidPrice of ________________________________ and __/100 Dollars ($_________) subject toadjustment only as provided by approved change order, for all Work covered by and included inthe Contract award; payment thereof to be made in current funds in the manner provided inparagraph 2 below.6. PAYMENT PROCEDURES: A. Contractor shall submit Applications for Payment in accordance with the GeneralConditions as shown in RFB No. CED-02-11 and City shall process the Applications forPayment in accordance with the General Conditions, except that progress payments and the finalpayment under this Agreement shall be made as set as follows: 1) Progress Payments. City shall make progress payments of the Contract Price on the basis of Contractor’s applications for payment on or about the thirtieth (30th) day after submittal of the application for payment each month in accordance in Chapter 2251, Texas Government Code, and as provided below. All progress payments shall be based upon the progress of the Work, measured as provided for in the General Conditions.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 17 
  • 117. a) The Contractor shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Partial payment retainage shall not exceed five percent (5%) of the total bid price. Upon approval of the value by the City, it shall be incorporated into the form of a Partial Payment Estimate furnished by the Contractor. b) If payment is requested by the Contractor on the basis of materials on hand, not in place, but delivered and suitable stored at the site or at another location agreed to in writing, the Partial Payment Estimate shall also be accompanied by such supporting data, satisfactory to City, as well establish its interest therein, including applicable insurance. Payment for material on hand but not installed will not constitute acceptance of material an inspected and approved for installation. c) Upon substantial completion as described in the General Conditions, City shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price, less such amounts, if any, City determines should be deducted in accordance with the General Conditions. 2) Final Payment. Upon completion and acceptance of the Work by City in accordance with the General Conditions, City shall pay the remainder of the Contract Price7. CONTRACT DOCUMENTS: The following documents from the City of SanAngelo are incorporated herein by reference for all purposes, as if fully set out verbatim:  Request for Bid Community and Economic Development Division, Business Resource Center Asbestos Abatement No. CED-02-11 (“RFB No. CED-02-11”)  All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation number as of the time this Agreement is entered by Contractor and City.8. ADDITIONAL CONTRACTOR’S REPRESENTATIONS: A. In order to induce City to enter into this Agreement, Contractor makes thefollowing representations to City: 1) Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state and local laws.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 18 
  • 118. 2) Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations or similar data are, or will be required by Contractor for such purposes. 3) Contractor has given City advanced written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents prior to bidding and the written resolution thereof by City is acceptable to Contractor. 4) Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner.9. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that anyinformation, document, report or any other material whatsoever which is given by City toContractor or which is otherwise obtained or prepared by Contractor pursuant to or under theterms of this Agreement is and shall at all times remain the property of City. Contractor agreesnot to use any such information, document, report or material for any other purpose whatsoeverwithout the written consent of City, which may be withheld or conditioned by City in its solediscretion.10. AUDIT AND INSPECTION RIGHTS: A. City may, at reasonable times, and for a period of up to three (3) years followingthe date of final payment by City to Contractor under this Agreement, audit, or cause to beaudited, those books and records of Contractor which are related to Contractor’s performanceunder this Agreement. Contractor agrees to maintain all such books and records at its principalplace of business for a period of three (3) years after final payment is made under thisAgreement. B. City may, at reasonable times during the term hereof, inspect Contractor’sfacilities and perform such tests, as City deems reasonably necessary, to determine whether thegoods or services required to be provided by Contractor under this Agreement conform to theterms hereof and/or the terms of the Solicitation Documents, if applicable. Contractor shallmake available to City all reasonable facilities and assistance to facilitate the performance oftests or inspections by City representatives.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 19 
  • 119. 11. AWARD OF CONTRACT: Contractor represents and warrants to City that it has notemployed or retained any person or company employed by City to solicit or secure thisAgreement and that it has not offered to pay, paid, or agreed to pay any person any fee, Council,percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the awardof this Agreement.12. PUBLIC RECORDS: Contractor understands that the public shall have access, atall reasonable times, to all documents and information pertaining to City agreements, subject tothe provisions of Chapter 552, Texas Government Code, and agrees to allow access by City andthe public to all documents subject to disclosure under applicable law. Contractor’s failure orrefusal to comply with the provisions of this section shall result in the immediate cancellation ofthis Agreement by City.13. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractorunderstands that agreements between private entities and local governments are subject to certainlaws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Contractor agree to comply with and observe all applicable laws, codesand ordinances as they may be amended from time to time.14. INDEMNIFICATION: Contractor shall indemnify, defend and hold harmless Cityand its officials, employees and agents (collectively referred to as “Indemnitees”) and each ofthem from and against all loss, costs, penalties, fines, damages, claims, expenses (includingattorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury toor death of any person or damage to or destruction or loss of any property arising out of,resulting from, or in connection with (i) the performance or non-performance of the servicescontemplated by this Agreement which is or is alleged to be directly or indirectly caused, inwhole or in part, by any act, omission, default or negligence (whether active or passive) ofContractor or its employees, agents or subcontractors (collectively referred to as “Contractor”),regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrentor contributing) by any act, omission, default or negligence (whether active or passive) of theIndemnitees, or any of them or (ii) the failure of the Contractor to comply with any of theRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 20 
  • 120. paragraphs herein or the failure of the Contractor to conform to statutes, ordinances, or otherregulations or requirements of any governmental authority, federal or state, in connection withthe performance of this Agreement. Contractor expressly agrees to indemnify and hold harmlessthe Indemnitees, or any of them, from and against all liabilities which may be asserted by anemployee or former employee of Contractor, or any of its subcontractors, as provided above, forwhich the Contractor’s liability to such employee or former employee would otherwise belimited to payments under state Workers’ Compensation or similar laws.15. DEFAULT: If Contractor fails to comply with any term or condition of thisAgreement, or fails to perform any of its obligations hereunder, then Contractor shall be indefault. Upon the occurrence of a default hereunder City, in addition to all remedies available toit by law, may immediately, upon written notice to Contractor, terminate this Agreementwhereupon all payments, advances, or other compensation paid by City to Contractor whileContractor was in default shall be immediately returned to City. Contractor understands andagrees that termination of this Agreement under this section shall not release Contractor fromany obligation accruing prior to the effective date of termination. Should Contractor be unableor unwilling to commence to perform the Services within the time provided or contemplatedherein, then, in addition to the foregoing, Contractor shall be liable to City for all expensesincurred by City in preparation and negotiation of this Agreement, as well as all costs andexpenses incurred by City in the re-procurement of the Services, including consequential andincidental damages.16. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agreesthat all disputes between Contractor and City based upon an alleged violation of the terms of thisAgreement by City, shall be submitted to the City Manager for his/her resolution, prior toContractor being entitled to seek judicial relief in connection therewith. In the event that theamount of compensation hereunder exceeds $25,000.00 the City Manager’s decision shall beapproved or disapproved by City Council. Contractor shall not be entitled to seek judicial reliefunless: (i) it has first received the City Manager’s written decision, approved by City Council ifthe amount of compensation hereunder exceeds $25,000.00 or (ii) a period of sixty (60) days hasexpired, after submitting to the City Manager a detailed statement of the dispute, accompaniedby all supporting documentation (90 days if the City Manager’s decision is subject to CityRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 21 
  • 121. Council approval); or (iii) City has waived compliance with the procedure set forth in thissection by written instruments, signed by the City Manager.17. CITY’S TERMINATION RIGHTS: A. City shall have the right to terminate this Agreement, in its sole discretion, at anytime, by giving written notice to Contractor at least five (5) business days prior to the effectivedate of such termination. In such event, City shall pay to Contractor compensation for servicesrendered and expenses incurred prior to the effective date of termination. In no event shall Citybe liable to Contractor for any additional compensation, other than that provided herein, or forany consequential or incidental damages. B. City shall have the right to terminate this Agreement, without notice toContractor, upon the occurrence of an event of default hereunder. In such event, City shall notbe obligated to pay any amounts to Contractor and Contractor shall reimburse to City allamounts received while Contractor was in default under this Agreement.18. INSURANCE: Contractor shall, at all times during the term hereof, maintain suchinsurance coverage as may be required by City. All such insurance, including renewals, shall besubject to the approval of City for adequacy of protection and evidence of such coverage shall befurnished to City on Certificates of Insurance indicating such insurance to be in force and effectand providing that it will not be canceled during the performance of the services under thisAgreement without thirty (30) calendar days prior written notice to City. Completed Certificatesof Insurance shall be filed with City prior to the performance of services hereunder, provided,however, that Contractor shall at any time upon request file duplicate copies of the policies ofsuch insurance with City. If, in the judgment of City, prevailing conditions warrant the provision by Contractor ofadditional liability insurance coverage or coverage which is different in kind, City reserves theright to require the provision by Contractor of an amount of coverage different from the amountsor kind previously required and shall afford written notice of such change in requirements thirty(30) days prior to the date on which the requirements shall take effect. Should the Contractor failor refuse to satisfy the requirement of changed coverage within thirty (30) days following City’swritten notice, this Agreement shall be considered terminated on the date that the requiredchange in policy coverage would otherwise take effect.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 22 
  • 122. 19. SPECIAL INSURANCE AND INDEMNIFICATION RIDER:GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY,DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSIONMEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS ANDEMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALLCLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES,FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BYANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OFCONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, ORLOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF,THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNERATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE ORFAULT OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR THE JOINTNEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS ACONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENTOR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHINGCLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTORHEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THISAGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHINGHEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWNGROSS NEGLIGENCE OR WILLFUL MISCONDUCT.ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TOINDEMNIFY, DEFEND AND HOLD CITY AND ITS COUNCIL MEMBERS, BOARDAND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES,CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINSTANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS JUDGMENTS, COSTS,PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSESASSERTED BY LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES ORRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 23 
  • 123. PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTINGFROM OR ARISING OUT OF CONTRACTOR’S HANDLING, COLLECTION,TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/ORREUSE BY ANY PERSON UNDER CONTRACTOR’S DIRECTION OR CONTROL OFWASTE COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUPASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCHCLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACEWATER CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TOINDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS,DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDERCERCLA CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OFWHEN SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BERESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION ORANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OROMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT ISDISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION SHALLIN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANYENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND.PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR INTHIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENTAND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIESTO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOTONLY DURING THE TERM OF THIS AGREEMENT BUT THEREAFTER SO LONGAS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FORCLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TOANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THISAGREEMENT.RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THISAGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTSOCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELYRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 24 
  • 124. TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THETERM OF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR.APPLICATION TO SURROUNDING PROPERTY, THE INDEMNIFICATIONPROVISIONS OF THIS AGREEMENT EXTEND TO CLAIMS AND ASSESSMENTSRELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAYOCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFERSTATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREASWHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OFTHIS CONTRACT OR PREVIOUS AGREEMENTS BETWEEN CITY ANDCONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FORANY SITE IT HAS NEVER USED, CLOSED, MANAGED OR MONITORED.INSURANCE: A. GENERAL CONDITIONS. The following conditions shall apply to allinsurance policies obtained by Contractor for the purpose of complying with this Agreement. 1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 2) Named Insureds. All insurance policies required herein shall be drawn in the name of Contractor, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 3) Waiver of Subrogation. Contractor shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. 4) Certificates of Insurance. At or before the time of execution of this Agreement, Contractor shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide thatRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 25 
  • 125. any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal, or material change in the policy of insurance. In addition, Contractor and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 106 S. Chadbourne or P.O. Box 1751, San Angelo, Texas 76902. 5) Contractor’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Agreement. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. 6) Subcontractors’ Insurance. Contractor shall cause each Sub-Contractor and Sub-Sub-Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Sub-contractors and Sub- Sub-Contractors to furnish copies of certificates of insurance to Contractor’s Risk Manager evidencing coverage for each Sub-Contractor and Sub-Sub-Contractor. B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Contractor shallobtain and continuously maintain in effect at all times during the term hereof, at Contractor’s soleexpense, insurance coverage as follows with limits not less than those set forth below: 1) Commercial General Liability. This policy shall be an occurrence-type policy and shall protect the Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Contractor’s employees) and damage to property of the City or others arising out of the act or omission of the Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under theRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 26 
  • 126. paragraph of this Agreement entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage limits shall not be less than: $2,000,000.00 General Aggregate $1,000,000.00 Products – Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) 2) Business Automobile Liability. This policy shall be written in comprehensive form and shall protect Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall be as follows: $ 500,000.00 Each Accident Limit 3) Workers’ Compensation and Employer’s Liability. If Contractor hires any employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the Contractor against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claim for injury, disease or death of employees which for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than: Statutory Amount Workers’ Compensation $ 500,000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Each Employee $ 500,000.00 Employer’s Liability, Disease - Policy Limit The foregoing requirement will not be applicable if, and so long as, Contractor qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to City in accordance with the notice provisions of this Agreement.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 27 
  • 127. If Contractor uses contract labor, Contractor shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.20. NONDISCRIMINATION: Contractor represents and warrants to City that Contractordoes not and will not engage in discriminatory practices and that there shall be no discriminationin connection with Contractor’s performance under this Agreement on account of race, color,sex, religion, age, handicap, marital status or national origin. Contractor further covenants thatno otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,handicap, marital status or national origin, be excluded from participation in, be denied services,or be subject to discrimination under any provision of this Agreement.21. ASSIGNMENT: This Agreement shall not be assigned by Contractor, in whole or inpart, without the prior written consent of City’s, which may be withheld or conditioned, in City’ssole discretion.22. NOTICES: All notices or other communications required under this Agreement shallbe in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, returnreceipt requested, addressed to the other party at the address indicated herein or to such otheraddress as a party may designate by notice given as herein provided. Notice shall be deemedgiven on the day on which personally delivered; or, if by mail, on the fifth day after being postedor the date of actual receipt, whichever is earlier. CITY CONTRACTOR City of San Angelo Attn: Ron Lewis Attn: P.O. Box 1751 San Angelo, Texas 76902 Phone: (325) 481-2773 Phone: (___) ___-____ Fax: (325) 486-3773 Fax: (___) ___-____23. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the Stateof Texas.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 28 
  • 128. B. Title and paragraph headings are for convenient reference and are not a part ofthis Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiverof any subsequent breach of the same or any other provision hereof, and no waiver shall beeffective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in thisAgreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwiseunenforceable under the laws of the State of Texas or City of San Angelo, such provision,paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order toconform with such laws, or if not modifiable, then same shall be deemed severable, and in eitherevent, the remaining terms and provisions of this Agreement shall remain unmodified and in fullforce and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the partieshereto. No modification or amendment hereto shall be valid unless in writing and executed byproperly authorized representatives of the parties hereto.24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the partieshereto, their heirs, executors, legal representatives, successors, or assigns.25. INDEPENDENT CONTRACTOR: Contractor has been procured and is beingengaged to provide services to City as an independent contractor, and not as an agent oremployee of City. Accordingly, Contractor shall not attain, nor be entitled to, any rights orbenefits under the Civil Service or Pension Ordinances of City, nor any rights generally affordedclassified or unclassified employees. Contractor further understands that Texas Workers’Compensation benefits available to employees of City are not available to Contractor, and agreesto provide workers’ compensation insurance for any employee or agent of Contractor renderingservices to City under this Agreement.26. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on theavailability of funds and continued authorization for program activities and the Agreement issubject to amendment or termination due to lack of funds, reduction of funds and/or change inregulations, upon thirty (30) days notice.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 29 
  • 129. 27. REAFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of therepresentations contained in the Solicitation Documents.28. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject toall Attachments hereto, to all of the attachments, provisions, requirements, federal, state andlocal laws, rules and regulations as of the effective date hereof, and to any and all requirements,whether federal, state or local, verbal or written, placed upon the City. All of the foregoing arehereby made a part of this Agreement and incorporated herein by reference as if fully set outherein.29. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole andonly agreement of the parties relating to the subject matter hereof and correctly set forth therights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,negotiations, or representations not expressly set forth in this Agreement are of no force oreffect.30. COUNTERPARTS: This Agreement may be executed in two or more counterparts,each of which shall constitute an original but all of which, when taken together, shall constituteone and the same agreement. [Signature Page to Follow]RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 30 
  • 130. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed bytheir respective officials thereunto duly authorized, this the day and year above written. “City” CITY OF SAN ANGELO, a municipalATTEST: corporation_______________________________ By:______________________________Alicia Ramirez, City Clerk Harold Dominguez, City Manager “Contractor”ATTEST: __________________________________, a _____________ corporation______________________________ By:_______________________________Print Name: Print Name:Title: Corporate Secretary Title: PresidentRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 31 
  • 131. APPROVED AS TO CONTENT: APPROVED AS TO FORM:______________________________ __________________________________Ron Lewis, Manager Facilities/Maintenance Lysia H. Bowling. City AttorneyAPPROVED AS TO CONTENT: APPROVED AS TO INSURANCE REQUIREMENTS:Robert Schneeman, COSADC John Seaton, Risk ManagerRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 32 
  • 132. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42193. GENERAL CONDITIONS 3.1. GENERAL CONDITIONS The conditions contained herein are generally applicable to the Work described. Contractor and City agree to interpret and enforce the terms and conditions contained within this section only insofar as they are applicable to the Work. 3.2. DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: AGREEMENT The written agreement between the City and the Contractor covering the Work to be performed, including the Request for Bid, the Contractor’s Bid, and the Bonds. ARCHITECT The “Architect” shall be the City or any individual, partnership, firm or corporation duly authorized by City to be responsible for the architectural aspects of the Work. AWARD The acceptance, by the City, of the successful Bidder’s Bid. BID The written offer of the Bidder setting forth the prices to perform the contemplated Work and furnish the necessary labor, Equipment, Materials and other incidentals necessary to perform the contemplated Work in accordance with the provisions of the Plans and Specifications. BIDDER Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. BOND(S) The approved form(s)of security furnished by the Contractor and his/her surety in accordance with the terms set forth in the Bid and as may otherwise be requested of the Contractor in the Contract Documents. CALENDAR DAY A "Calendar Day" is any day of the week or month, no days being excepted. CHANGE ORDER A written order to the Contractor signed by the City covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. CONTRACT DOCUMENTS The Agreement, Plans, Specifications, Drawings, and Field Changes, or any related addenda to the Agreement, Supplemental Agreement(s), Plans, Specifications, or Field Changes. CONTRACT PRICE The total monies payable to the Contractor under the Contract Documents. CONTRACT TIME The number of calendar days or completion date stated in the Contract for the completion of the Work. CONTRACTOR The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work who act as directly or through lawful agents or employees to complete the Work.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 33 
  • 133. ENGINEER The "Engineer" shall be the City or any individual, partnership, firm or corporation duly authorized by the City to be responsible for the engineering aspects of the Work. EQUIPMENT All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the Work. EXTRA WORK An item of work not provided for in the Contract Documents as previously modified by Change Order or Supplemental Agreement, but which is found by the City to be necessary to complete the Work within the intended scope of the Contract Documents as previously modified. FIELD CHANGE A Field Change may be issued in the form of: (a) A written amendment of the Contract Documents signed by both parties, (b) A Change Order, (c) A written clarification or interpretation issued by the City in accordance with Section 2.0.13, or (d) A written order for a minor change or alteration in the Work issued by the City pursuant to Section 2.0.19. A Field Change may only be issued after execution of the Agreement. FIELD ORDER A written order issued by the City which clarifies or interprets the Contract Documents in accordance with Section 2.0.13 or minor changes in the Work in accordance with Section 2.0.19. MATERIALS Any substance specified for use in the construction of the Work. OWNER A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed. For this Agreement, the "Owner" is the City of San Angelo. PARTIAL PAYMENT ESTIMATE A form detailing the amount of Work done to date and covering previous payments, retainage, etc. This estimate is usually issued on a monthly basis. PLANS The official drawings or exact reproductions which show the location, character, dimensions and details of the Work to be done and which are to be considered as a part of the Contract Documents, supplementary to the Specifications. PROJECT All duties and Work to be performed as provided in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE The "Resident Project Representative" shall be the City or any individual, partnership, firm or corporation duly authorized by the City who is assigned to the Project, or any part thereof, and who shall be responsible for observing the progress and quality of the Work, or any portion of the Work, on the behalf of the City. SHOP DRAWINGS All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, manufacturer, supplier, or distributor which illustrate the Equipment, Material, or some portion of the Work. SPECIFICATIONS A part of the Contract Documents containing the written directions and requirements for completing the Work. Standards for specifying materials or testing which are cited in the Contract Documents by reference shall have the same force and effect as if included in the Contract Documents physically.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 34 
  • 134. SUBCONTRACTOR An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. SUBSTANTIAL COMPLETION The date as certified by the City, when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended. SUPPLEMENTAL AGREEMENT A written agreement between the Contractor and the City covering (1) work that would increase or decrease the total amount of the Agreement as awarded or (2) work that is not within the scope of the Contract Documents. WORK Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the Contractor under the Contract Documents, including the furnishing of all labor, Materials, Equipment, and other incidentals necessary or convenient to the Contractor’s performance of all duties and obligations imposed by the Contract Documents. WORK DAY A "Work Day" is defined as a calendar day excluding Saturdays, Sundays, and legal holidays authorized in the list prepared for the City of San Angelo for use of its employees, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal units of work underway for a continuous period of not less than 7 hours between 8:00 a.m. and 5:00 p.m. WORK WEEK The "Work Week" shall consist of a period of seven (7) successive calendar days to begin and end as specified by the Contractor. 3.3. NOTICE TO PROCEED AND THE PRECONSTRUCTION CONFERENCE No work shall be performed until issuance of a written notice to proceed by the City. The Notice to Proceed shall be issued only upon completion of the Preconstruction Meeting and all related requirements as provided for in Section 2.5.1 are complete. 3.4. OWNERSHIP, COPIES OF DOCUMENTS, AND RECORD DOCUMENTS All Specifications, Plans, and copies thereof furnished by the City shall remain the property of the City. They shall not be used on another project. The Contractor will keep one record copy of all Specifications, Plans, Field Changes, Shop Drawings, and any addenda thereto at the site in good order and annotated to show all changes made during the construction process. These shall be available to the City and shall be delivered to the City upon completion of the Project. 3.5. COOPERATION BETWEEN CONTRACTORS When separate contracts are let within the limits of any one project, each Contractor shall conduct the work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. The Contractor will afford the other contractors who are parties to such direct contracts (or the City, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs. If any part of the Contractors Work depends upon the work of any such other contractor or the City for proper execution or results, the Contractor will inspect the work and promptly report any defects or deficiencies in writing to the City. Failure to make such a report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work, except as to defects and deficiencies which may appear in the other work after the execution of his Work. The Contractor will do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. The Contractor will not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the City. Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Agreement with City and shall protect and hold harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by the Contractor because of the presence and operations of other contractors working within the limits of the same project.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 35 
  • 135. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the Award of the Agreement, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the City or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided for herein. 3.6. SUBCONTRACTS The Contractor will not employ any Subcontractor (whether initially or as a substitute) against whom the City may have objection, nor will the Contractor be required to employ any Subcontractor against whom he has objection. The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any moneys due any Subcontractor, except as may otherwise be required by law. The City may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific work done. 3.7. PATENT FEES AND ROYALTIES The Contractor will not employ any Subcontractor (whether initially or as a substitute) against whom the City may have objection, nor will the Contractor be required to employ any Subcontractor against whom he has objection. The Contractor will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process, or device which is the subject of patent right or copyrights held by others. CONTRACTOR WILL INDEMNIFY AND HOLD HARMLESS THE CITY AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CITY FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES (INCLUDING ATTORNEYS FEES) ARISING OUT OF ANY INFRINGEMENT OF SUCH RIGHTS DURING OR AFTER COMPLETION OF THE WORK, AND SHALL DEFEND ALL SUCH CLAIMS IN CONNECTION WITH ANY ALLEGED INFRINGEMENT OF SUCH RIGHTS 3.8. PERMITS, LAWS, TAXES, AND REGULATIONS The Contractor will secure and pay for all construction permits and licenses and will pay all governmental and public utility charges and inspection fees necessary for the prosecution of the Work. The Contractor will give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If the Contractor observes that the Specifications or Plans are at variance therewith, he will give prompt written notice thereof to the City and any necessary changes shall be adjusted by an appropriate Field Change. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the City, he will bear all costs arising therefrom. The Contractor will pay all sales, consumer, and other similar taxes required by the law of the place where the Work is to be performed, or of the place from which any portion of the Equipment or Materials is obtained. 3.9. AVAILABILITY OF LANDS/SITE The City will provide, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the site upon which the Work is to be done. If the Contractor believes that any delay in the Citys furnishing access to the site entitles him to an extension of the Contract Time, he may make a claim therefore as provided herein. The Contractor will provide all additional lands and access thereto that may be required for temporary construction facilities or storage of Materials and Equipment. 3.10. USE OF PREMISES The Contractor will confine his equipment, the storage of materials and equipment, and the operations of his workers to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment. 3.11. OWNERS STATUS DURING CONSTRUCTION All instructions of the City, or its duly appointed representative, to the Contractor shall be issued directly to the Contractor. The duties, responsibilities, and limitations of authority of the City during the construction are set forth in these General Conditions. The City will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The efforts of the CityRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 36 
  • 136. will be directed toward providing assurance that the completed Project will conform to the requirements of the Contract Documents, but City will not be responsible for the Contractors failure to perform the Work in accordance with the Contract Documents. On the basis of on-site observations, the City, or its duly appointed representative, will keep informed of the progress of the Work and will endeavor to guard it against defect and deficiencies. The City will have authority to disapprove of or reject Work which is defective; i.e., it is unsatisfactory, faulty, or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test, or approval set forth herein. The City will also have authority to require special inspection or testing of the Work as provided herein, whether or not the Work is fabricated, installed, or completed. Neither the Citys authority to act under this subsection, nor any decision made by him in good faith, either to exercise or not exercise such authority, shall give rise to any duty or responsibility of the City to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.12. OWNERS INTERPRETATIONS AND DECISIONS The City will issue with reasonable promptness such clarifications or interpretations (in the form of drawings or otherwise) as may be determined necessary for the proper execution of the Work, such clarifications and interpretations to be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the Contractor believes that a written clarification and interpretation entitles him to an increase in the Contract Price, he may make a claim therefore as provided herein. The City will be the interpreter of the terms and conditions of the Contract Documents and the judge of the performance thereunder. 3.13. SHOP DRAWINGS AND SAMPLES After checking and verifying all field measurements, the Contractor will submit five (5) copies of all Shop Drawings to the City. The Shop Drawings shall have been checked and stamped with the approval of the Contractor and otherwise identified as required by the City. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and the like. At the time of each submission, the Contractor will provide written notification to the City concerning any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents. The City will review the Shop Drawings and samples, but this review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. No Work requiring a Shop Drawing or sample submission shall be initiated until the submission has been delivered to the City. The review of Shop Drawings or samples by the City shall not relieve the Contractor from his responsibility for any deviations at the time of submission unless the City has given written approval to the specific deviation, nor shall any review or approval by the City, relieve the Contractor from responsibility for errors or omissions in the Shop Drawings. 3.14. REQUIRED TESTS AND INSPECTIONS BY LAW If the Contract Documents, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any Work to be inspected, tested, or approved by someone other than the City, the Contractor will give prompt and timely notice of readiness to the City. The Contractor will furnish the required certificates of inspection, testing, or approval to the City. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any such Work required to be inspected, tested, or approved is covered up without written approval or consent of the City, it must be uncovered for observation at the Contractors expense, if so directed by the City. The costs directly attributable to such uncovering, exposure, observation, inspection, testing, approvals and reconstruction shall be borne in full by the Contractor. Any Work which fails to meet the requirements of any such test, inspection, or approval, and any Work which meets the requirements of any such test or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work may be rejected, corrected, or accepted as provided herein. Observations by the City shall not relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents. 3.15. CONTRACTORS SUPERVISION AND SUPERINTENDENCE The Contractor will supervise and direct the Work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, safety, sequences, and procedures of construction. Before undertaking the Work, he will carefully study and compare the Contract Documents and check and verify all figures shown thereon and all field measurements. He will immediately file a written report to the City concerning any conflict, error, or discrepancy which he may discover. The Contractor will be responsible for seeing that the finished Work complies accurately with the Contract Documents. The Contractor shall give constant attention toRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 37 
  • 137. the Work to facilitate the progress thereof, and he shall cooperate with the City and its authorized representatives, including, but not limited to, the Engineer, Resident Project Representative, inspectors, and with other Contractors in every way possible. The Contractor shall have a competent superintendent on the Work at all times who is fully authorized as his/her agent on the Work. All communications given to the superintendent shall be as binding as if given to the Contractor. The Contractor, or his superintendent, shall be capable of reading and thoroughly understanding the Plans and Specifications and shall receive and fulfill instructions from the City or its authorized representative. The Contractor will provide competent, suitably qualified personnel to lay out the Work and perform as required by the Contract Documents. He will at all times maintain good discipline and order among his employees at the site. If the City assists the Contractor in the field layout, the Contractor shall furnish personnel to aid the City in such work. Contractor shall furnish all stakes, lathes, and other necessary equipment for such layout. The City will not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of his or their agents or employees, or any other persons performing any of the Work. 3.16. SAFETY AND PROTECTION The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He will take all necessary safety precautions and will provide the necessary protection to prevent damage, injury, or loss to: (a) all employees on the Work and other persons who may be affected thereby, (b) all Work and all Materials or Equipment to be incorporated into the Work, whether in storage on or off the site, and (c) other property at the site or adjacent thereto, including but not limited to shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor will erect and maintain all necessary safeguards as required by the conditions and progress of the Work, including posting danger signs and other warnings against hazards and promulgating safety regulations. He will notify Owners of adjacent utilities, in writing, when prosecution of the Work may affect them. When the use or storage of explosives or other hazardous materials is necessary for the prosecution of the Work, the Contractor will exercise the utmost care and will carry on such activities under the supervision of properly qualified personnel. All damage, injury, or loss to any person or property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by the Contractor. The Contractor shall comply with the requirements of the Occupational Safety Standards and any other applicable standards that may be set forth by federal, state, municipal, or any other governmental or regulatory agency. The Contractor will designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractors superintendent unless otherwise designated in writing by the Contractor to the City. In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the City, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He will give the City prompt written notice of any significant changes in the Work or deviations involved. If the Contractor believes that additional emergency work by him which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time he may make a claim therefore as provided herein. 3.17. ACCESS TO THE WORK The City and his representatives will at all times have access to the Work. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof by others. 3.18. CHANGES IN THE WORK Without invalidating the Agreement, the City may, at any time or from time to time, order additions, deletions, or revisions in the Work as may be necessary or desirable to complete the work originally intended in an acceptable manner. These alterations that are for work within the general scope of the Contract Documents shall be covered by Change Orders issued by the City. Upon receipt of a Change Order, the Contractor will proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents and as directed by the City. If any Change Order causes an increase or decrease in the Contract Price or an extension orRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 38 
  • 138. shortening of the Contract Time, an equitable adjustment will be made pursuant to Section 2.0.20 and 2.0.22 herein. The City may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the Contractor believes that any minor change or alteration authorized by the City entitles him to an increase in the Contract Price, he may make a claim. Additional work performed by the Contractor without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided herein. The City will execute any appropriate Change Order covering changes in the Work the City determines to be reasonably necessary. 3.19. CHANGES OF CONTRACT PRICE The Contract Price constitutes the total compensation payable to the Contractor for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price. The Contract Price may only be authorized by a Change Order. If the Contractor is entitled by the Contract Documents to make a claim for an increase in the Contract Price, his claim shall be made in writing and delivered to the City within 15 days of the occurrence of the event-giving rise to the claim. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined by the City in one of the following ways: (a) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. (b) By mutual acceptance of a lump sum. (c) By cost and a mutually acceptable fixed amount for overhead and profit, or (d) If required by the City, the Contractor shall submit an itemized cost breakdown together with supporting data. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease as determined by the City. When both additions and credits are involved in any one change, the approved overhead and profit shall be figured on the basis of the net increase, if any. 3.20. EXTRA WORK. Should acceptable completion of the Work require the Contractor to perform an item of work for which no basis of payment has been provided in the original Contract Documents or previously issued Change Orders or supplemental agreements, then same shall be called “Extra Work”. Extra Work that is within the general scope of the Contract shall be covered by written Change Order. Change Orders for such Extra work shall contain agreed unit prices for performing the Change Order work in accordance with the requirements specified in the Change Order, and shall contain any adjustment to the Contract Time that, in the City’s opinion, is necessary for completion of such Extra Work. Extra Work that is necessary for acceptable completion of the Project, but is not within the general scope of the Work covered by the original Contract Documents shall be covered by a “Supplemental Agreement”. Any claim for payment of Extra Work that is not covered by written agreement (Change Order or Supplemental Agreement) shall be rejected by the City. 3.21. CHANGE OF CONTRACT TIME The Contract Time may only be changed by a Change Order. If the Contractor is entitled by the Contract Documents to make a claim for an extension in the Contract Time, his claim shall be in writing delivered to the City within ten (10) days of the occurrence of the event-giving rise to the claim. All claims for adjustment in the Contract Time shall be determined by the City. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 39 
  • 139. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor. Such delays shall include, but not be restricted to, acts or neglect by any separate Contractor employed by the City, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. Time limits stated in the Contract Documents are the essence of the Agreement. The provisions of this Section shall not exclude recovery for damages (including compensation for additional professional services) for delay by either the Contractor or the City. 3.22. NEGLECTED WORK If the Contractor should neglect to prosecute the Work in accordance with the Contract Documents and progress schedule, the City, after three days written notice to the Contractor, may make good such deficiencies, and the cost thereof including compensation for additional professional services shall be charged against the Contractor. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents and including an appropriate reduction in the Contract Price. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor will pay the difference to the City. 3.23. WARRANTY AND GUARANTEE REGARDING DEFECTIVE WORK The Contractor warrants and guarantees to the City that all Materials or Equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, test, or approvals referred to herein. All unsatisfactory or faulty Work and all Work not conforming to the requirements of the Contract Documents or of such inspections, tests, or approvals shall be considered defective. Prompt notice of all defects shall be given to the Contractor. All defective Work, whether or not in place, may be rejected. If required by the City prior to approval of final payment, the Contractor will promptly, without cost to the City correct any defective Work. If the Contractor does not correct such defective Work within a reasonable time, as required by written notice from the City, the City may have the deficiency corrected All direct or indirect costs of such correction including compensation for additional professional services shall be paid by the Contractor, and an appropriate Change Order shall be issued deducting all such costs from the Contract Price. The Contractor will also bear the expenses of making good all work of others destroyed or damaged by his correction. Prior to the expiration of one (1) year after the date of Substantial Completion (or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents), if any Work is found to be defective, the Contractor will, promptly without cost to the City and in accordance with the Citys written instruction, either correct such defective Work. If the Contractor does not promptly comply with the terms of such instructions, the City may have the defective Work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, will be paid by the Contractor. In such case, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price. If the acceptance occurs after approval of final payment, an appropriate amount shall be paid by the Contractor 3.24. WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS The Contractors obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by the City, nor the issuance of a certificate of Substantial Completion, nor any payment by the City to the Contractor under the Contract Documents, nor any use or occupancy of the Project or any part thereof by the City, nor any act of acceptance by the City nor any failure to do so, nor any correction of faulty or defective Work by the City shall constitute an acceptance of Work not in accordance with the Contract Documents. The Acceptance of Final Payment by the Contractor shall constitute a waiver of all claims by the Contractor against the City other than those previously made in writing and still unsettled. 3.25. CITYS RIGHT TO STOP OR SUSPEND WORK The City may order the Contractor to stop the Work, or any portion thereof, if the Work is defective, the Contractor fails to supply sufficient skilled workmen or suitable Materials or Equipment or to provide adequate supervision, or if the Contractor fails to make prompt payment to Subcontractors or for labor, Materials or Equipment or for any other similar cause when necessary to protect the integrity of the Work. The City may suspend the Work until the cause for the order has been eliminated. No additional Contract Time and no increase in Contract Price will be awarded in this case. The City may, at any time and without fault of the Contractor, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and the City shall fix the date on which Work shall be resumed. The Contractor will resume the Work on the date so fixed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time directly attributable to any suspension if heRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 40 
  • 140. makes a claim therefore as provided in Sections 2.0.20 and 2.0.22. 3.26. CITYS RIGHT TO TERMINATE City may, by written notice, terminate this contract in whole or in part at any time, either for the Citys convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract shall be delivered to the City. (a) If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. (b) If the termination is due to failure to fulfill the contractors obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the City for any additional cost occasioned to the City thereby. (c) If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor has not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in subsection (a) of this clause. (d) The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 3.27. CONTRACTORS RIGHT TO STOP WORK OR TERMINATE If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days, or the City fails to act as directed in the Contract Documents or fails to pay the Contractor any authorized amount, then the Contractor may, upon seven (7) days written notice to the City, terminate the Agreement and recover from the City payment for all Work executed, reasonable expenses and profit. In lieu of terminating the Agreement, if the City has acted in the aforesaid manner, the Contractor may upon seven (7) days notice to the City stop the Work until he has been paid all amounts then due. 3.28. ASSIGNMENT AND SUBLETTING The Contractor agrees to retain personal control and will give personal attention to the fulfillment of this Agreement and will not sublet or assign, by power of attorney or otherwise, said Agreement without the written consent of the City. No part or feature of the Work will be sublet to anyone objectionable to the City. The subletting of any portion or feature of the Work, or Materials required in the performance of this Agreement, shall not relieve the Contractor from full obligation to the City. 3.29. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon the Work and fail or refuse to resume the Work within ten (10) days after written notification from the City or if the Contractor fails to comply with the orders of the City, when such orders are consistent with the Contract Documents, then, where performance and payment bonds exist, the Surety on the Bonds shall be notified in writing and directed to complete the Work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the Work any machinery, Equipment, tools, Materials, or supplies then on the job, but the same, together with any Materials and Equipment under contract for the Work, may be held for use on the Work by the City or the Surety on the performance and payment bonds, or another Contractor in completion of the Work, and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided in this Agreement), it being understood that the use of such Equipment and Materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no performance and payment bond provided or in case the Surety should fail to commence compliance with the notice for completion provided for, within ten (10) days after service of such notice, the City may provide for completion of the Work in either of the following elective manners: (a) The City may employ such labor and use such Equipment, tools, Materials, and supplies as the City deems necessary to complete the Work and charge the expense of such labor, machinery, Equipment, tools, Materials and supplies to the Contractor. The expense(s) so charged shall be deducted and paid by the City out of such moneys as may be due, or that may thereafter become due by virtue of this Agreement. In case such expense is less than the sum which would have been due had the Work been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Agreement, then the Contractor or his Surety shall pay the amount of such excess to the City;RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 41 
  • 141. or (b) The City may let the Agreement for the completion of the Work under substantially the same terms and conditions provided for in this Agreement. In case of any increase in cost to the City under the new agreement, such increase shall be charged to the Contractor and the Surety. However, should the cost to complete be less, the Contractor and his Surety shall be credited with the difference. When the Work shall have been Substantially Completed a complete itemized statement of the contract amounts certified to by the City, shall be prepared, and delivered to the Contractor and his Surety, whereupon the Contractor or his Surety shall pay the balance due if any within fifteen (15) days of the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the Work is less than the Contract Price; or when the Contractor or his Surety shall pay the balance shown to be due by them to the City, then all machinery, Equipment, tools, Materials or supplies left on the site of the Work shall be turned over to the Contractor or his Surety. Should the cost to complete the Work exceed the Contract Price, and the Contractor or his Surety fail to pay the amount due the City within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the Work, notice, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety. Such property shall be held at the risk of the Contractor and his Surety. After fifteen (15) days from the date of said notice, the City may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the City may elect. The City shall release any machinery, equipment, tools, materials, or supplies, which remain on the Work and belong to persons other than the Contractor or his Surety, to their proper Owners. 3.30. ABANDONMENT BY OWNER In case the City shall fail to comply with the terms of this Agreement, and should fail or refuse to comply with said terms after the expiration of ten (10) days of receipt of written notification, the Contractor may suspend or wholly abandon the Work, and may remove there from all machinery, tools, and equipment, and all materials that have not been included in payments to the Contractor and have not been wrought into the Work. Thereupon, the City shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all Work actually completed (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Agreement, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole Work to completion and which cannot be utilized. The City shall then make final statement of the balance due by deducting from the above estimate all previous payments, and all other sums that may be retained by the City. City shall pay on or before thirty (30) days after the date of notification the balance shown by said final statement as due. 3.31. WORKER’S COMPENSATION INSURANCE REQUIREMENTS 3.31.1 DEFINITIONS Certificate of Coverage ("Certificate") - A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers compensation insurance coverage for the persons or entitys employees providing services on a project, for the duration of the Project. Duration of the Project - includes the time from the beginning of the work on the Project until the Contractors/person/s work on the Project has been completed and accepted by the City. Persons providing services on the Project ("Subcontractor" in Texas Labor Code, Section 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractor, Subcontractors, leasing companies, motor carriers, Owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering Equipment or Materials, or providing labor, transportation, or other service related to a Project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 3.31.2 WORKERS’ COMPENSATION INSURANCE COVERAGE The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, meeting the statutory requirements of Texas Workers’RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 42 
  • 142. Compensation Act, Title 5 Subchapter A of the Texas Labor Code for all employees of the Contractor providing services on the Project, for the duration of the Project. A. The Contractor must provide a certificate of coverage to the City prior to issuance of Notice to Proceed. B. If the coverage period shown on the Contractors current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. C. The Contractor shall obtain from each person or entity providing services on a Project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the Project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the Project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. D. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. E. The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. F. The Contractor shall post on each Project site a notice, in the text, form and manner prescribed by the Division of Workers’ Compensation, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. G. By providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services on the Project will be covered by workers compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of self-insured, with the Division of Self- insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. H. The Contractors failure to comply with any of these provisions is a breach of contract which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach. 3.31.3 FAILURE TO MAINTAIN ADEQUATE INSURANCE COVERAGE In the event that City learns that Contractor has workers (whether employees, volunteers or contract labor) present at the site or working in any manner on this Project who are not covered at all times by the required coverages for workers’ compensation, Contractor shall be assessed a penalty of $500.00 per day, per worker, until Contractor provides a certificate of coverage which documents the required coverage for such workers. Contractor shall further immediately remove any such workers from the job site. In the event that City learns that Contractor has failed to maintain any of the insurance coverages required herein such failure to maintain required coverage shall be taken into account in determining whether Contractor is a responsible bidder for purposes of future proposals made on projects let by City. The foregoing remedies shall be in addition to and not in lieu of any other remedies available at law or in equity to City. 3.32. Contract Measurement and Payment 3.32.1 QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but only the actual measured or computed length, area, solid contents, number, and weight shall be considered, unless otherwise specifically provided. 3.32.2 ESTIMATED QUANTITIES The Contract Documents are intended to show clearly all Work to be done and Material and Equipment toRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 43 
  • 143. be furnished hereunder. Where the evaluation quantities are shown for the various classes of the Work, they are to be used only as a basis for comparing the proposals offered for the Work. It is understood and agreed that the actual amount of the Work to be done and Material and Equipment to be furnished under this Agreement will not be reflected by these evaluation quantities. The basis for payment shall be for the actual amount of the Work done and the Material and Equipment furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, or anticipated profits on account of any differences which may be found between the quantities of the Work actually done, the Material and Equipment actually furnished under this Agreement and the evaluation quantities provided. 3.32.3 PRICE OF WORK In consideration of the furnishing of all the necessary labor, Equipment, and Material, and the completion of all Work by the Contractor, and on the completion of all Work and of the delivery of all Material and Equipment embraced in this Agreement in full conformity with the Specifications and stipulations contained within the Contract Documents, the City agrees to pay the Contractor the prices set forth in the Bid hereto attached, which has been made a part of this Agreement. The Contractor hereby agrees to receive such prices in full for furnishing all Material, Equipment and all labor required for the aforesaid Work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement and the Contract Documents. The unit prices provided in the Bid shall be the actual unit price for each item in consideration of providing all manpower, material, equipment, resources, and profit to be recovered by the Contractor for such Work and without consideration of association with any other item of Work. 3.32.4 PARTIAL PAYMENT ESTIMATES The Contractor shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. 3.32.5 DEADLINE On or before the 10th day of each month the Contractor shall prepare a statement showing as completely as practicable the total value of the Work done by the Contractor up to and including the last day of the preceding month. The statement shall be deemed complete and received once all corrections to the Work required by City, if any, have been made. The City shall submit a recommendation for approval upon completion of all corrections. Failure by the City to note corrections prior to payment does not constitute acceptance of the Work nor waive any remedy provided for in the Contract Documents or under law. 3.32.6 PAYMENT The City shall pay the total amount of the Contractors statement to the Contractor on or before the 30th day upon receipt of a valid invoice less all previous payments and all further sums that may be retained, withheld, or delayed by the City under the terms of this Agreement. 3.32.7 WARRANTY The Contractor warrants and guarantees that clear Ownership title to all Work, Materials, and Equipment covered by a Partial Payment Estimate, whether incorporated in the Project or not, will have passed to the City prior to making the Partial Payment Estimate free and clear of all liens, claims, security interests, and encumbrances (hereinafter in these General Conditions referred to as "Liens"); and that no Work, Materials, or Equipment covered by a Partial Payment Estimate will have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Project subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. Partial payment retainage by the City shall be at the maximum rate prescribed by the laws, rules, or regulations established by the State of Texas and shall in no case exceed five percent (5%). See Contract Measurement and Payment, Section 2.2 for specific payment methods.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 44 
  • 144. 3.32.8 APPROVAL OF PAYMENTS The Partial Pay Estimate shall be based on on-site observations of the Work in progress, and shall verify that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent test called for in the Contract Documents and any qualifications stated in the approval); and that the Contractor is entitled to payment of the amount approved. However, by such payment, the City shall not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, and procedures of construction or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys paid or to be paid to him on account of the Contract Price. The City may nullify any such payment previously requested to such extent as may be necessary to provide protection from loss because: (a) the Work is defective, neglected, or omitted, (b) claims have been filed or there is reasonable evidence indicating the probable filing thereof, (c) the Contract Price has been reduced because of Change Orders or Field Changes, (d) the City has been required to correct defective Work or complete neglected Work. (e) unsatisfactory prosecution of the Work, including failure to clean up as required herein. 3.33. SUBSTANTIAL COMPLETION Prior to final payment, the Contractor may provide the City with written certification that the entire Project is substantially complete and request that the City issue a certificate of Substantial Completion. Within a reasonable time thereafter, the City and Contractor will make an inspection of the Project to determine the status of completion. If the City does not consider the Project substantially complete, the Contractor will be notified in writing of the reasons. If the City does consider the Project substantially complete, he will prepare a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between the City and the Contractor for maintenance, etc. Attached to the certificate, there shall be a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. The City shall have the right to exclude the Contractor from the Project after the date of Substantial Completion, but the City will allow the Contractor reasonable access to complete or correct items on the tentative list. 3.34. PARTIAL UTILIZATION Prior to final payment, the City shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the time for completing the entire Work of such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the Work, the Contractor may request in writing, in accordance with the process set forth in these General Conditions, an increase in the Contract Price or extension of the Contract Time, or both as the City may determine to be reasonable. 3.35. FINAL PAYMENT Upon written notice from the Contractor that the Project is complete, the City and the Contractor will make a final inspection, and the City will notify the Contractor in writing of any particulars in which this inspection reveals that the Work is defective. The Contractor shall immediately make such corrections as are necessary to remedy such defects. After the Contractor has completed any such corrections to the satisfaction of the City and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents, he may request final payment. The final estimate shall be accompanied by such supporting data as the labor and services performed and the material and equipment furnished. In lieu thereof and as approved by the City, the Contractor may furnish receipts or releases in full, including an affidavit of the Contractor showing that releases and receipts for all labor, services, Material, and Equipment for which a Lien could be connected with the Work have been paid or otherwise satisfied; and showing consent of the surety, if any, to final payment. If anyRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 45 
  • 145. Subcontractor or supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City in an amount sufficient to cover any Lien. If, on the basis of observation and review of the Work during construction and the final inspection, the City is satisfied that the Work has been completed and the Contractor has fulfilled all of his obligations under the Contract Documents the City will issue written approval and the final estimate will be processed for payment. Otherwise, the City will indicate in writing his reasons for refusing to issue payment of the final estimate. If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor, the City shall make payment of the balance due for that portion of the Work fully completed and accepted if the remaining balance for Work not fully completed or corrected is less than the retainage, and, if Bonds have been furnished in accordance with the Contract Documents, the written consent of the surety to the payment of the balance due shall be submitted to the City. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 3.36. PAYMENTS WITHHELD The City may, on account of subsequently discovered evidence, withhold or nullify payment to such extent as may be necessary for protection from loss on account of: (a) Defective Work not remedied. (b) Claims filed or reasonable evidence that the filing of a claim is likely. (c) Failure of the Contractor to make payments properly to sub-contractors for Material, Equipment or labor. (d) Damage to another Contractor. (e) Failure to carry out testing of material installation, if required. When the above grounds are removed, or the Contractor provides a Surety bond satisfactory to the City, which will protect the City in the amount withheld, payment shall be made. 3.37. DELAYED PAYMENTS Should the City fail to make payment to the Contractor of the sum named in any statement when payment is due, or should the City fail to issue any statement on or before the date required, then the City shall pay to the Contractor, in addition to the sum shown as due by such statement, interest at the rate of six (6%) percent per annum until fully paid. Payment of interest on the amount owed shall fully liquidate any injury to the Contractor growing out of such delay in payment. The right is expressly reserved to the Contractor in the event payments are not promptly made to treat the Agreement as abandoned and recover compensation unless such payments are withheld as otherwise authorized in the Contract Documents. 3.38. WORKING DAY Work on the site shall be done only during the Work Day, except for emergencies or as otherwise approved by the City. This Agreement is established with the intent that no Work shall be permitted on weekends or legal holidays except in cases of extreme emergency and then only with the written permission of the City. 3.39. CHARACTER OF EMPLOYEES The Contractor agrees to employ only orderly and competent employees, skillful in the performance of the type of Work required under this Agreement, to do the Work; and agrees that whenever the City shall inform the Contractor in writing that any employee or employees are, in its opinion, incompetent or disorderly, such employee or employees shall be discharged from the Work and shall not again be employed on the Work without the written consent of the City. 3.40. INSPECTION OF THE WORK All Materials and Equipment and each part or detail of the Work shall be subject to inspection by the City or its representative. The City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 46 
  • 146. 3.41. UNAUTHORIZED WORK WORK DONE CONTRARY TO THE INSTRUCTIONS OF THE CITY, WORK DONE OTHER THAN AS GIVEN IN THE CONTRACT DOCUMENTS, OR ANY EXTRA WORK DONE WITHOUT AUTHORITY, WILL BE CONSIDERED AS UNAUTHORIZED AND WILL NOT BE PAID FOR UNDER THE PROVISIONS OF THE AGREEMENT. WORK SO DONE MAY BE ORDERED REMOVED OR REPLACED AT THE CONTRACTOR’S EXPENSE. 3.42. CONFORMITY WITH CONTRACT DOCUMENTS If the City finds the Materials or Equipment furnished, Work performed, or the finished product not within reasonably close conformity with the Contract Documents but that the portion of the Work affected will, in City’s opinion, result in a finished product having an acceptable level of safety, economy, durability, and workmanship, the City shall determine, in its sole discretion, whether the affected Work will be accepted and remain in place. The City will determine the basis of acceptance and will provide for an adjustment in the Contract Price for the affected portion of the Work. The City’s determination and recommended Contract Price adjustments will be based on good engineering judgment and such tests or retests as are, in City’s opinion, needed. Changes in the Contract Price shall be covered by a Change Order or Supplemental Agreement as applicable. If the City finds the Materials and Equipment furnished, Work performed, or the finished product are not in reasonably close conformity with the Contract Documents and have resulted in an unacceptable finished product, the affected Work, Materials or Equipment shall be corrected by and at the expense of the Contractor in accordance with the City’s written orders. For the purpose of this subsection, the term “reasonably close conformity” shall not be construed as waiving the Contractor’s responsibility to complete the Work in strict compliance with the requirements of the Contract Documents. 3.43. MATERIALS 3.43.1 MATERIALS AND EQUIPMENT The Contractor shall furnish and pay for all labor, Materials, Equipment, tools, transportation, construction equipment, fuel, power, light, heat, telephone, water, sanitary facilities, and all other incidentals required to complete the Work in accordance with the Contract Documents. All Materials and Equipment used in the construction of the Work shall conform fully to the Contract Documents and be approved by the City. Any Materials or Equipment placed before approval of the City shall be removed, if directed by the City, and replaced with approved Materials or Equipment, at the expense of the Contractor. If required the Contractor will furnish satisfactory evidence as to the kind and quality of Materials and Equipment to be used. If authorized by City, the Contractor may use a substitute that is equal to any Material or Equipment specified. No substitute shall be ordered or installed without the written approval of the City. All Materials and Equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise specifically provided in the Contract Documents. The Contractor shall provide start-up services for all major equipment. 3.43.2 RIGHT OF THE CITY TO MODIFY EQUIPMENT AND/OR METHODS If at any time the methods or Equipment used by the Contractor are found to be inadequate to secure the quality of Work or the rate of progress required under this Agreement, or the working force of the Contractor is inadequate for securing the progress herein specified, the City may order the Contractor in writing to improve their character and efficiency, or to increase force or Equipment or both, and the Contractor shall comply with such order. Such authority of the City, however, is for the sole benefit of the City in order to secure completion in conformity with this Agreement. It shall remain the sole duty and responsibility of the Contractor to take adequate precautions in his operation for the safety of persons and property. No failure of the City to notify the Contractor of deficient or negligent methods or Equipment shall excuse or relieve the Contractor of sole liability for damage to the property or improvements of the City by reason of his neglect or omission. 3.43.3 OWNER FURNISHED MATERIALS The Contractor shall furnish all Materials required to complete the Work, except those specified herein (if any) to be furnished by the City. Owner-furnished Materials shall be made available to the Contractor at the location specified in the Contract Documents. All costs of handling, transportation from the specified location to the site of Work, storage, and installing Owner furnished Materials shall be included in the unitRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 47 
  • 147. price bid for the contract item in which such Owner-furnished Material is used. After any Owner furnished Material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor’s handling, storage, or use of such Owner-furnished Material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the City in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished Materials. 3.43.4 MATERIAL STORAGE Materials shall be so stored as to assure the preservation of their quality and fitness for the Work. When considered necessary by the City, Materials shall be placed on wooden platforms or other hard, clean, and dry surfaces and not in contact with the ground, and shall be placed under cover. Stored materials, even though approved before storage, may again be inspected prior to their use in the Work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the City or its Resident Project Representative. Materials to be stored on the site of the Work shall not create an obstruction to the public, nor shall they interfere with the free and unobstructed movement of vehicular traffic associated with the site. The storage of the Materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the City or its representative. Private property shall not be used for storage purposes without written permission of the City. The Contractor shall make all arrangements and bear all expenses for the storage of Materials on private property. All storage sites shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to by the City. 3.44. PROJECT MEETINGS 3.44.1 PRE-CONSTRUCTION MEETING Prior to the commencement of Work at the site, a pre-construction conference will be held with the City at a mutually agreed upon time and location. The conference shall be attended by: Contractor and his superintendent Principal Subcontractors Representatives of principal suppliers and manufacturers as appropriate Representatives of City Others as requested by the Contractor or the City Unless previously submitted to the City, the Contractor shall bring to the conference each of the following: Material Sources Materials Test Results and Certification List of Equipment to be Utilized Description of Procedures and Work Crews The agenda will include: Contractor’s tentative schedules Critical Work sequencing Transmittal, review, and distribution of Contactor’s submittals Field decisions and Change Orders Use of premises, office and storage areas, security, housekeeping, and City’s needs Major equipment deliveries and priorities Maintaining record documents Processing applications for payment Contractor’s assignments for safety and first aid The sequence of operations to be followed shall be prepared by the Contractor for approval by the City. The sequence shall meet the job requirements for Completion Time and shall conform to the requirements set forth in the Contract Documents.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 48 
  • 148. 3.44.2 PROGRESS MEETINGS The Contractor shall schedule and hold regular progress meetings at least monthly and at other times as requested by the City or required by progress of the Work. The Contractor, the City, and all Subcontractors active on the site shall be represented at each meeting. The Contractor may, at his discretion, request attendance by representatives of his suppliers, manufacturers, and other Subcontractors. The Contractor shall preside at the meetings and provide for keeping of the minutes and provide the City with a copy of the minutes. The purpose of the meetings will be to prepare statements of payment, review the progress of the Work, maintain coordination of efforts, discuss changes in procedures and personnel, and resolve problems. 3.45. CONSTRUCTION ADMINISTRATION 3.45.1 NOTICES TO OWNERS AND AUTHORITIES The Contractor shall notify Owners of adjacent property and utilities in writing and sufficiently in advance when prosecution of the Work may affect them. When it is necessary to temporarily deny access by Owners or tenants to their property, or when any utility service connection must be interrupted, the Contractor shall give notices in writing and sufficiently in advance to enable the affected persons to provide for their needs. Notices will conform to any applicable local ordinance, shall be provided in writing, and will include appropriate information concerning the interruption and instructions on how to limit their inconvenience. 3.45.2 NOTIFICATION OF STREET CLOSING Where the Contractor has cause to close a street or thoroughfare for purposes of construction, the Owner shall be provided reasonable advance notice, in writing, prior to such actions for approval and coordination with appropriate agencies. 3.45.3 DETOURS AND BARRICADING The Contractor shall be responsible for providing barricading for all work areas during the construction of this Project. 3.45.4 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, wet ground, or other unsuitable construction conditions, the Contractor shall confine his operations to Work which will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions which would affect adversely the quality or efficiency thereof unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. 3.45.5 CLEANING UP The Contractor shall keep the premises free at all times from accumulations of waste materials, rubbish, and other debris resulting from the Work. The Contractor will restore to their original or better condition those portions of the site not designated for alteration by the Contract Documents. The Contractor shall provide adequate trash receptacles about the work site, and shall promptly empty the containers when filled. Construction materials, such as concrete forms and scaffolding shall be neatly stacked by the Contractor when not in use. The Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids, and cleaning solutions from surfaces to prevent marring or other damage. Volatile wastes shall be properly stored in approved containers and removed daily. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams, or waterways. All wastes shall be removed from the site and disposed of in a manner complying with local, state, and federal laws. Adequate cleanup will be a condition for recommendation of progress payment applications. Upon completion of the Work and before acceptance and final payment will be made, the Contractor shall remove from and about the site all machinery, equipment, tools, surplus and discarded and waste materials, debris, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition, ready for occupancy by the City. 3.45.6 RESTORATION OF WORK SITE In the event that a work site is closed, the Contractor shall immediately commence operations to restore the Work site to its proper conditions; such work to be completed within twenty-four (24) hours. In the event such restoration is not done, the City shall be authorized to take charge of the Work and restore the premises to its proper condition and shall be entitled to recover from the Contractor the actual expensesRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 49 
  • 149. incurred by the Owner in restoring the premises, including, but not limited to, cost of labor, materials, overhead, rental of any equipment used by the Owner in restoring the site, and attorneys fees for such purposes. 3.45.7 SITE ADMINISTRATION The Contractor shall be responsible for all areas of the work site, and all Subcontractors in the performance of the Work. The Contractor will exert full control over the actions of all employees and other persons with respect to the use and reservation of property and existing facilities, except such controls as may be specifically reserved to Owner or others. The Contractor has the right to exclude from the site all persons who have no purpose related to the Work or its inspection, and may require all persons on the site (except the Owner’s employees) to observe the same regulations as he requires of his employees. 3.45.8 LOAD RESTRICTIONS The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the Work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 3.45.9 APPLICABLE CODES References in the Contract Documents to local codes mean codes used, required, or adopted by the City of San Angelo, Texas, the State of Texas or the federal government. 3.46 SITE INVESTIGATION The information contained in the Contract Documents in regard to any quantities, is furnished solely for the convenience of the Contractor as information available at the time. The accuracy of this information is not guaranteed and the Contractor is fully and solely responsible to verify pertinent information prior to bid time. Use of the information provided in no way relieves the Contractor or others of any responsibility for loss due to inaccuracies or deviations which may be encountered. RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 50 
  • 150. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42194. SPECIFICATIONSThe specifications for this project are under separate cover entitled. Asbestos Removal Specifications, Prepared bythe City of San Angelo,69 North Chadbourne, San Angelo, TX, written by X8 Environmental, Inc., Lubbock, Texas.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 51 
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  • 152. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42195. BID FORMSRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 53 
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  • 154. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219DISCLOSURE OF CERTAIN RELATIONSHIPS NOTICE TO VENDORS Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor orperson considering doing business with a local governmental entity make certain disclosures concerning anyaffiliation or business relationship that might cause a conflict of interest with the local governmental entity. Theprovisions of Chapter 176 and the Form CIQ questionnaire that you must complete to comply with this law, areavailable at the Texas Ethics Commission website at http://www.ethics.state.tx.us/whasnew/confliict forms.htm. A current list of City of San Angelo and City of San Angelo Development Corporations officers is available inthe office of the City of San Angelo City Clerk’s office located in Room 201 of City Hall or on the City’s website athttp://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of SanAngelo Development Corporation and have an affiliation or business relationship that requires you to submit acompleted Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo not laterthan the seventh (7th) business day after the date you become aware of facts that require the form to be filed. SeeSection 176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision. By Submitting a response to a City of San Angelo or City of San Angelo Development CorporationRequest for Proposals, Request for Bids, or Request for Qualifications or by conducting business with eitherof those two entities, you are representing that you are in compliance with the requirements of Chapter 176of the Texas Local Government Code. Roger S. Banks Purchasing, Division ManagerRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 55 
  • 155. Intentionally Left BlankRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 56 
  • 156. RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 57 
  • 157. Intentionally Left BlankRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 58 
  • 158. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219 DEBARMENT AND SUSPENSION CERTIFICATION(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal. Business Name ___________________________________________________________ By: ______________________________________Date Name and Title of Authorized Representative ______________________________________ Signature of Authorized RepresentativeRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 59 
  • 159. INSTRUCTIONS FOR CERTIFICATION1. By signing and submitting this proposal, the prospective participant is providing the certification set out below.2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous because of changed circumstances.5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.7. The prospective participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment and Suspension" provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 60 
  • 160. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219CONTRACTOR REFERENCESList five (5) completed projects, including telephone numbers and contact information. The list MUST include at least two (2)projects that involved ceiling scrapes AND at least two project of the same or greater size.You must attach a letter of reference from each reference listed. REFERENCE ONEGovernment/Company Name:Location:Contact Person And Title:Telephone Number:Scope Of Work:Contract Period: REFERENCE TWOGovernment/Company Name:Location:Contact Person And Title:Telephone Number:Scope Of Work:Contract Period: REFERENCE THREEGovernment/Company Name:Location:Contact Person And Title:Telephone Number:Scope Of Work:Contract Period:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 61 
  • 161. REFERENCE FOURGOVERNMENT/COMPANY NAME:LOCATION:CONTACT PERSON AND TITLE:TELEPHONE NUMBER:SCOPE OF WORK:CONTRACT PERIOD: REFERENCE FIVEGOVERNMENT/COMPANY NAME:LOCATION:CONTACT PERSON AND TITLE:TELEPHONE NUMBER:SCOPE OF WORK:CONTRACT PERIOD: REFERENCE SIXGOVERNMENT/COMPANY NAME:LOCATION:CONTACT PERSON AND TITLE:TELEPHONE NUMBER:SCOPE OF WORK:CONTRACT PERIOD:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 62 
  • 162. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219LIST OF SUBCONTRACTORS AND SUPPLIERSList any subcontractors and suppliers you intend to use on this project and the categories of work they will perform. Biddersare strongly encouraged to explore utilizing area subcontractors and suppliers. Make as many copies of this form asnecessary to cover all categories of work.Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip:Category of Work:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 63 
  • 163. Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:Address, City, State, Zip: ***********Category of Work:Business Name:Contact Name:Telephone:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 64 
  • 164. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219 REQUIRED QUALIFICATION DOCUMENTS  Attach a statement that states that the Contractor has been in business at least two (2) years.  Attach a CERTIFIED statement naming the principal owners and their ownership in any other asbestos related companies.  NOTARIZED Statement for ALL items reflected below (as outlined in the Technical Specification, Section 3 paragraph 1.1.5 inclusive of all sub-paragraphs o A record of any citations issued by any Federal, State or Local regulatory agencies relating to asbestos abatement activity. Include projects, dates and resolutions. o A list of penalties incurred through non-compliance with asbestos abatement project specifications including liquidated damages, over-run in scheduled time limitations and resolution. o Situations in which an asbestos related contract has been terminated including projects, dates and reason for terminations. o Copies of any notices of intent to initiate enforcement or settlement agreements such as: Notice of Violation, Notice of Intent to Enforce Violation, or Consent Agreements. o A listing of any asbestos related legal proceedings/claims in which the Contractor (or employees scheduled to participate in the project) has participated or is currently involved. Include description of role, issue and resolution to date. o A certified statement listing all owner of the company  Contractor shall demonstrate prior experience on asbestos abatement projects of similar nature and scope through the submission of letters of reference from the Building Owners including the name, address and telephone number of contact person (someone specifically familiar with the Contractors work) for at least three (3) previous users of service. Include descriptions of projects, locations, and records of all air monitoring data that were generated during the project.  Contractor shall furnish a copy of work procedure (e.g. containment, decon-unit, respirator, emergency plan, etc.).  Licenses and Qualifications The company submitting a bid must be a licensed asbestos abatement contractor. Contractor must be licensed as required by the Texas Department of State Health Services for the purpose of removal, encapsulation, enclosure, demolition and maintenance of structures or components covered by or composed of asbestos-containing materials. In accordance with Texas Department of State Health Services regulations (295.31(e) each person on the job site must have the identification card issued by the TDSHS, proof of required training, current physical, and current respirator fit-test prior to work. The City of San Angelo reserves the right to reject bids based on information identified in the Specifications Section 3, paragraph 1.1.5, inclusive of all sub-paragraphs. The standard for such rejection shall be based on the following:  One or more project termination prior to completion.  One or more legal proceeding which could affect the financial ability of Contractor to complete the project.  Two or more citations, consent agreements, or enforcement violations within the past three years categorized as Severity Level I as defined by DSHS rule §295.70(f)(1).  Three or more “Notice of Violations” within the past three years for the same or essentially similar infraction categorized as Severity Level II as defined by DSHS rule §295.70(f)(2).  Three or more assessments for liquidated damages relating to schedule overruns.  Five or more “Notice of Violations” within the past three years as defined by DSHS rule 295.70(f).RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 65 
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  • 166. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219BID PROPOSAL RFB No. CED-02-11/Asbestos Abatement-BRCPROJECT: 2011 Asbestos Abatement Project for Former Coca Cola located at 69 N. Chadbourne, San Angelo,Texas.(Name of Business)(Contact Person)(Address – City, State Zip)(Phone) (Fax)Having carefully examined the Specifications and Plans, and addenda to the plans and specifications, as prepared byX8Environmental, Inc, the Consultant on this Project, as well as the premises and all the conditions affecting the work,including the availability of materials and labor, the undersigned proposes to furnish all labor, materials and equipmentnecessary to complete the entire work in accordance with the above Documents for the following sum: Note: Amount shall be shown in both written and figure form. In case of discrepancy between the written amount and the figure, the written amount will govern.BASE BID: DOLLARS $CONSTRUCTION ALLOWANCES: The above BASE BID includes Contract Construction ContingencyAllowance in the amount of $3,000.00. This is a lump sum amount from which changes are to be paid only asapproved by the City.PROJECT DURATION: The undersigned further agrees, if awarded the Contract, to commence work under the Contracton or before date to be specified in the Contract Agreement and to substantially complete the project within NINETEENCALENDAR (19) DAYS after the specified commencement date. ADDENDA: Receipt is hereby acknowledged of the following addenda: No. No. No. No.LIQUIDATED DAMAGES: The undersigned further agrees that, from the compensation otherwise to be paid, theOwner may retain the sum of $850.00 per day for each calendar day after the above mentioned Project Duration that thework is not substantially complete.  Bidder agrees that this sum is the proper measure of liquidated damages, which the Owner will sustain per diem by the failure of the Undersigned to complete the work at the time stipulated in the Contract.  This sum is not to be construed in any sense a penalty. The above- liquidated damages shall be required to offset losses suffered by Owner due to Contractor’s failure to substantially complete the project in the time specified.CONTRACT AND BOND EXECUTION: The undersigned agrees, if awarded the Contract, to execute Contract andBonds within ten (10) days after notification of award and to commence work within ten (10) days from date of notice toproceed from the Owner.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 67 
  • 167. BID BOND:A Bid Bond is required in the amount of five (5) percent on all bids $25,000 or greaterBONDS AND CERTIFICATES OF INSURANCEBefore execution of the Contract, the successful Bidder will be required to furnish the Owner in such form approved bythe Owner the following:  If the bid is in excess of $100,000, a Performance Bond in an amount not less than the Total Contract Amount conditioned on the faithful performance of the Contract.  If the bid is in excess of $25,000.oo, a Payment Bond in an amount not less than the Total Contract Amount conditioned upon payment of all persons supplying labor and materials for the Project.  Certificates of Insurance (providing that written notice must be furnished to the City thirty (30) days prior to any cancellation) for the insurance coverage required; the Bonds and Insurance coverage must be approved in all respects by the Owners Risk Manager.RIGHT TO ACCEPT OR REJECT: The City rese rves the right to ac cep t or reject a ny a n d a l l B i d s a n d t o waive allirregularities. It is further agreed that this Bid shall be valid and not withdrawn for a period of sixty (60) days from thedate of opening thereof.Re spectfully submitted,(name of Bidder)(signature)(title)(business address)SEAL: (If bid is by a Corporation)Fill in the applicable information: A Corporation, chartered in the State ofauthorized to do business in the State of Texas.A Partnership, composed of and. andAn Individual, operating under the name of:A Joint Venture composed of (Insert Full name and address of Joint Venture and names and addresses of co-venturers. Identify firm to be responsible for contract administration.A list of Subcontractors whose Sub-Bids have been used in the compilation of this Bid Proposal is enclosed in aseparate sealed envelope and submitted herewith.Note: Agents must provide evidence of authority to bind corporation. END OF BID FORMRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 68 
  • 168. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219 Firm Name: Mailing Address: City, State Zip Code: Accts Receivable Address: City, State Zip Code: Tax ID No: Payment Terms: Tele. No: FAX: Email: Authorized Signature: Title: Print Name: Date:RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 69 
  • 169. Intentionally Left BlankRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 70 y:11‐rfxcomm & eco developmentrfb‐ced0211‐brc‐abatementrfb ced0211‐05271‐final.docx 
  • 170. City of San AngeloMemo Date: July 15, 2011 To: Mayor and Council From: Donna Osborne, Economic Development Coordinator Subject: Agenda Item for July 19, 2011 Council Meeting Contact: Donna Osborne 657-9214 Caption: Consent Agenda Item Approval of a recommendation of the City of San Angelo Development Corporation (COSADC) to authorize the COSADC President to negotiate the terms of a consulting agreement with AngelouEconomics, Inc. as the firm to design, implement, and deliver a comprehensive Economic Development Strategic Plan for the City of San Angelo, and authorizing the COSADC President to execute a contract with recommended firm on behalf of the corporation. The Request for Proposal to solicit consulting firms for the design, implementation and Summary: delivery of a comprehensive Economic Development Strategic Plan for the City of San Angelo yielded seven proposals. Of those, the top four respondents were invited to make presentations and participate in interviews with the selection committee. Based on evaluations of the proposals submitted and the presentations/interviews, the selection committee recommended the contract be awarded to AngelouEconomics, Inc. Background: The COSADC Board approved the committee’s recommendation at the COSADC meeting on July 13, 2010. The selection committee included the following individuals: · Paul Alexander, City Council · Chris Cornell, COSADC Board · Cathy Ballard, Concho Valley Workforce Board · Dave Erickson, SBDC · Phil Neighbors, Chamber of Commerce · Bob Schneeman, City of San Angelo · Shawn Lewis, City of San Angelo (Project Manager) Financial Impact: A total project cost of $75,000, as approved by City Council on 2/1/11 Recommendation: Staff supports COSADC’s recommendation that the City Council approve authorization for the Corporation President to negotiate contract terms with AngelouEconomics, Inc. for the design and delivery of a comprehensive Economic Development Strategic Plan for the City of San Angelo, for a total project fee of $75,000. Attachments: Interview score sheets, Project Fee page from recommended proposal (includes project outlined by phases, tasks, deliverables, and fees), and proposed contract Presentation: N/A Reviewed by Director: Shawn Lewis, Director of Community & Economic Development Approved by Legal: Attached contract has been approved by Legal and Risk Management
  • 171. PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SAN ANGELO DEVELOPMENT CORPORATION AND ANGELOU ECONOMIC ADVISORS, INC., D/B/A ANGELOUECONOMICS This Agreement is entered into this ___ day of ____________, 2011 by and between theCity of San Angelo Development Corporation, a Texas non-profit, economic developmentcorporation organized pursuant to the Texas Development Corporation Act (“COSADC”) andAngelou Economic Advisors, Inc., a Texas corporation d/b/a AngelouEconomics (“Consultant”),for consulting services to design, implement, and produce a comprehensive EconomicDevelopment Strategic Plan (“Project”) for the City of San Angelo (“City”). RECITAL A. The City of San Angelo, on behalf of COSADC, issued a Request for Proposal forthe Department of Community & Economic Development, Economic Development StrategicPlan, No. CED-03-11 (“RFP No. CED-03-11”) at San Angelo, Texas (“Proposal”), for theprovision of Consulting Services for the design, implementation, and production of acomprehensive Economic Development Strategic Plan for COSADC and City (“Services”), andConsultant’s proposal (“Proposal”) in response thereto has been selected as the most qualifiedproposal for the provision of the Services. The RFP and the Proposal are sometimes referred toherein, collectively, as the Solicitation Documents, and are by this reference incorporated intoand made a part of this Agreement. B. On ______________, 2011, the City of San Angelo Development CorporationBoard, approved the selection of Consultant and recommended approval by the City Council ofSan Angelo, and authorized the President of COSADC to execute a contract, under the terms andconditions set forth herein. C. On ______________, 2011, the City Council of City of San Angelo, approved theselection of Consultant under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereincontained, COSADC and Consultant agree as follows:
  • 172. TERMS1. RECITALS: The recitals are true and correct and are hereby incorporated into and madea part of this Agreement.2. PURPOSE: The purpose of this Agreement is to set out the terms of conditions underwhich Consultant will design, implement, and produce a comprehensive Economic DevelopmentStrategic Plan.3. SCOPE OF SERVICE: A. Consultant agrees to provide the Services as specifically described, and set forthin Attachment “A” hereto, which by this reference is incorporated into and made a part of thisAgreement. B. Consultant represents and warrants to COSADC that: (i) it possesses allqualifications, licenses and expertise required for the performance of the Services; (ii) it is notdelinquent in the payment of any sums due City, including payment of permit fees, occupationallicenses, etc., nor in the performance of any obligations to COSADC or City; (iii) all personnelassigned to perform the Services are and shall be, at all times during the term hereof, fullyqualified and trained to perform the tasks assigned to each; and (iv) the Services will beperformed in the manner described in Attachment “A”.4. SCHEDULE OF SERVICES: A. Consultant shall commence Phase I of the project immediately upon execution ofthis Agreement, and shall deliver all contracted services, analysis, reports and other requireddeliverables outlined in Attachment “A” on or before December 1, 2011. B. Consultant shall complete project phases and tasks according to the ProjectTimeline outlined on page 15 of the Consultant’s RFP (Attachment “B”), unless a revision to theapproved schedule is requested by the Consultant and approved by the COSADC. The scheduleshall include allowances for periods of time required for the COSADC’s review. COSADCagrees to provide Consultant comments and suggested edits on each deliverable within 10 days ofreceiving the draft document from the Consultant. Consultant agrees to make these edits within 2
  • 173. 7 days of receiving COSADC’s suggested edits and comments. Once approved by COSADC,time limits established by the schedule shall not, except for reasonable cause, be exceeded by theConsultant or COSADC. With COSADC’s approval, Consultant shall adjust the schedule, ifnecessary as the Project proceeds until the completion date.5. COMPENSATION: A. COSADC shall pay Consultant for performance of the Services embraced in thisAgreement, and Consultant shall accept as full compensation therefore, the Bid Price of Seventy-Five Thousand Dollars ($75,000.00), including all travel expenses, which is based on the ratesand schedules described in Attachment “C,” which by this reference is incorporated into thisAgreement as if fully set forth herein. B. Payment to Consultant shall be made according to the following schedule,provided Consultant maintains agreed-upon schedule and meets deliverable deadlines as set outin Attachment “B”: 1) Invoice 1: 33% of the contract amount, or $24,750, due within 30 days of project start date. 2) Invoice 2: 33% of the contract amount, or $24,750, due within 30 days of the delivery of completion of Phase 3, and the delivery of the Target Industry Analysis, as outline in Section 2 above. 3) Invoice 3: The remaining 34% of the contract amount, or $25,500, due within 30 days of the delivery of the Comprehensive Economic Development Strategic Plan. C. Unless otherwise specifically provided, payment shall be made within thirty (30)days after receipt of Consultant’s invoice, which shall be accompanied by sufficient supportingdocumentation and contain sufficient detail, to allow a proper audit of expenditures, shouldCOSADC require one to be performed. 3
  • 174. 6. CONTRACT DOCUMENTS:The following documents from COSADC and the City are incorporated herein by reference forall purposes, as if fully set out verbatim: • Request for Proposal, Department of Community & Economic Development, Economic Development Strategic Plan, CED-03-11 (RFP No. CED-03-11) • All of the documents, attachments, conditions, specifications, requirements and addenda comprising said RFP No. CED-03-11 at the time of this Agreement is entered by Consultant and COSADC, and specifically including the Consultant’s Proposal and Presentation/Interview documents.7. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that anyinformation, document, report or any other material whatsoever which is given by COSADCand/or City to Consultant or which is otherwise obtained or prepared by Consultant pursuant toor under the terms of this Agreement is and shall at all times remain the property of COSADCand/or City. Consultant agrees not to use any such information, document, report or material forany other purpose whatsoever without the written consent of COSADC and/or City, which maybe withheld or conditioned by COSADC and/or City in its sole discretion.8. AUDIT AND INSPECTION RIGHTS: COSADC and City may, at reasonabletimes, and for a period of up to three (3) years following the date of final payment by COSADCto Consultant under this Agreement, audit, or cause to be audited, those books and records ofConsultant which are related to Consultant’s performance under this Agreement. Consultantagrees to maintain all such books and records at its principal place of business for a period ofthree (3) years after final payment is made under this Agreement. City and COSADC shall havethe right to a copy of any document or report created as a result of this agreement during the three(3) year term. COSADC shall reimburse Consultant reasonable expenses associated withreproduction of the report or document.9. PUBLIC RECORDS: Consultant understands that the public shall have access, atall reasonable times, to all documents and information pertaining to COSADC contracts, subjectto the provisions of Chapter 552, Texas Government Code, and agrees to allow access by 4
  • 175. COSADC and the public to all documents subject to disclosure under applicable law.Consultant’s failure or refusal to comply with the provisions of this section shall result in theimmediate cancellation of this Agreement by COSADC.10. INDEMNIFICATION: Consultant shall indemnify, defend and hold harmlessCOSADC and City and its officials, employees and agents (collectively referred to as“Indemnitees”) and each of them from and against all loss, costs, penalties, fines, damages,claims, expenses (including attorney’s fees) or liabilities (collectively referred to as “Liabilities”)by reason of any injury to or death of any person or damage to or destruction or loss of anyproperty arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directlyor indirectly caused, in whole or in part, by any act, omission, default or negligence (whetheractive or passive) of Consultant or its employees, agents or subcontractors (collectively referredto as “Consultant”), regardless of whether it is, or is alleged to be, caused in whole or part(whether joint, concurrent or contributing) by any act, omission, default or negligence (whetheractive or passive) of the Indemnitees, or any of them or (ii) the failure of the Consultant tocomply with any of the paragraphs herein or the failure of the Consultant to conform to statutes,ordinances, or other regulations or requirements of any governmental authority, federal or state,in connection with the performance of this Agreement. Consultant expressly agrees to indemnifyand hold harmless the Indemnitees, or any of them, from and against all liabilities which may beasserted by an employee or former employee of Consultant, or any of its subcontractors, asprovided above, for which the Consultant’s liability to such employee or former employee wouldotherwise be limited to payments under state Workers’ Compensation or similar laws.11. DEFAULT: If Consultant fails to comply with any term or condition of thisAgreement, or fails to perform any of its obligations hereunder, then Consultant shall be indefault. Upon the occurrence of a default hereunder COSADC, in addition to all remediesavailable to it by law, may immediately, upon written notice to Consultant, terminate thisAgreement whereupon all payments, advances, or other compensation paid by COSADC toConsultant while Consultant was in default shall be immediately returned to COSADC.Consultant understands and agrees that termination of this Agreement under this section shall not 5
  • 176. release Consultant from any obligation accruing prior to the effective date of termination.Should Consultant be unable or unwilling to commence to perform the Services within the timeprovided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable toCOSADC for all expenses incurred by COSADC in preparation and negotiation of thisAgreement, as well as all costs and expenses incurred by COSADC in the re-procurement of theServices, including consequential and incidental damages.12. RESOLUTION OF CONTRACT DISPUTES: Consultant understands and agreesthat all disputes between Consultant and COSADC based upon an alleged violation of the termsof this Agreement by COSADC shall be submitted to the City Manager for his/her resolution,prior to Consultant being entitled to seek judicial relief in connection therewith. In the event thatthe amount of compensation hereunder exceeds $25,000.00, the City Manager’s decision shall beapproved or disapproved by City Council. Consultant shall not be entitled to seek judicial reliefunless: (i) it has first received the City Manager’s written decision, approved by City Council ifthe amount of compensation hereunder exceeds $25,000.00, or (ii) a period of sixty (60) days hasexpired, after submitting to the City Manager a detailed statement of the dispute, accompanied byall supporting documentation (90 days if the City Manager’s decision is subject to City Councilapproval); or, (iii) COSADC has waived compliance with the procedure set forth in this sectionby written instruments, signed by the City Manager.13. COSADC’S TERMINATION RIGHTS: A. COSADC shall have the right to terminate this Agreement, in its sole discretion,at any time, by giving written notice to Consultant at least thirty (30) business days prior to theeffective date of such termination. In such event, COSADC shall pay to Consultantcompensation for services rendered and expenses incurred prior to the effective date oftermination. In no event shall COSADC be liable to Consultant for any additional compensation,other than that provided herein, or for any consequential or incidental damages. B. COSADC shall have the right to terminate this Agreement, without notice toConsultant, upon the occurrence of an event of default hereunder. In such event, COSADC shallnot be obligated to pay any amounts to Consultant and Consultant shall reimburse to COSADCall amounts received while Consultant was in default under this Agreement. 6
  • 177. 14. INSURANCE: Consultant shall, at all times during the term hereof, maintain suchinsurance coverage as may be required by City. All such insurance, including renewals, shall besubject to the approval of City for adequacy of protection and evidence of such coverage shall befurnished to City on Certificates of Insurance indicating such insurance to be in force and effectand providing that it will not be canceled during the performance of the services under thiscontract without thirty (30) calendar days prior written notice to City. Completed Certificates ofInsurance shall be filed with City prior to the performance of services hereunder, provided,however, that Consultant shall at any time upon request file duplicate copies of the policies ofsuch insurance with City. If, in the judgment of City, prevailing conditions warrant the provision by Consultant ofadditional liability insurance coverage or coverage which is different in kind, City reserves theright to require the provision by Consultant of an amount of coverage different from the amountsor kind previously required and shall afford written notice of such change in requirements thirty(30) days prior to the date on which the requirements shall take effect. Should the Consultant failor refuse to satisfy the requirement of changed coverage within thirty (30) days following City’swritten notice, this Contract shall be considered terminated on the date that the required changein policy coverage would otherwise take effect.15. SPECIAL INSURANCE AND INDEMNIFICATION:INDEMNIFICATION A. GENERAL INDEMNIFICATION. CONSULTANT AGREES TOINDEMNIFY AND HOLD COSADC, ITS BOARD, CITY, ITS COUNCIL MEMBERS,OFFICIALS, AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANYAND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS,PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSESASSERTED BY ANY PERSON OR PERSONS, INCLUDING EMPLOYEES OFCONSULTANT OR COSADC, BY REASON OF DEATH OR INJURY TO PERSONS,OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OFAND TO THE EXTENT CAUSED BY , THE VIOLATION OF ANY LAW ORREGUATION OR ATTRIBUTABLE TO ANY NEGLIGENT OR WILLFULWRONGFUL ACT OR OMISSION, NEGLIGENCE OR FAULT OF CONSULTANT, OREMPLOYEES, , AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OFTHIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES. THISINDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG 7
  • 178. AS ANY LIABILITY COULD BE LEGALLY ASSERTED UNDER THE LAWS OFTEXAS . NOTHING HEREIN SHALL REQUIRE CONSULTANT TO INDEMNIFY,DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THEINDEMNIFIED PARTY’S OWN NEGILGENCE OR WILLFUL MISCONDUCT. B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITYPROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OFTHIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWEDBY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLYPROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUTTHEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TOLIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD LEGALLY BEASSERTED UNDER THE LAWS OF TEXAS IN REGARD TO ANY NEGLIGENTACTS OR OMISSIONS OF CONSULTANT IN PERFORMING UNDER THISCONTRACT.16. INSURANCE A. General Conditions. The following conditions shall apply to all insurance policiesobtained by Consultant for the purpose of complying with this Agreement: (1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and COSADC and with insurers licensed to do business in Texas. (2) Named Insureds. All insurance policies required herein shall be drawn in the name of Consultant, with COSADC, its Board, City, its council members, board and commission members, officials, agents, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation and Professional Liability coverage. (3) Waiver of Subrogation. Consultant shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against COSADC, its board, City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. (4) Certificates of Insurance. At or before the time of execution of this Agreement, Consultant shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverages and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Consultant and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any 8
  • 179. insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificate to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, 106 S. Chadbourne, San Angelo, Texas 76903 or P.O. Box 1751, San Angelo, Texas 76902. (5) Consultant’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Consultant’s liability or as a full performance on its part of the indemnification provisions of this Agreement. Consultant’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Consultant to maintain adequate coverage shall not relieve Consultant of any contractual responsibility or obligation. (6) Subcontractors’ Insurance. Consultant shall cause each Subcontractor and Sub- subcontractor of Consultant to purchase and maintain insurance of the types and in the amounts specified below. Consultant shall require Subcontractors and Sub- subcontractors to furnish copies of certificates of insurance to Consultant’s Risk Manager evidencing coverage for each Subcontractor and Sub-subcontractor B. Types and Amounts of Insurance Required. Consultant shall obtain andcontinuously maintain in effect at all times during the term hereof, at Consultant’s sole expense,insurance coverage as follows with limits not less than those set forth below: (1) Commercial General Liability. This policy shall be an occurrence-type policy and shall protect the Consultant and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Consultant’s employees) and damage to property of the COSADC, City or others arising out of the act or omission of the Consultant or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Consultant under the paragraph of this Agreement entitled “Indemnification”, including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than: $1,000,000.00 General Aggregate $1,000,000.00 Products - Completed Operations Aggregate $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence (2) Business Automobile Liability. This policy shall be written in comprehensive form and shall protect Consultant and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off The Premises of all motor vehicles 9
  • 180. licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than: $ 500,000.00 Combined Single Limit (3) Workers’ Compensation and Employer’s Liability. If Consultant hires any employees, Consultant shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the Consultant against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than: Statutory Amount Workers’ Compensation $ 100,000.00 Employer’s Liability, Each Accident $ 100,000.00 Employer’s Liability, Disease – Each Employee $ 500,000.00 Employer’s Liability, Disease – Policy LimitThe foregoing requirement will not be applicable if, and so long as, Consultant qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’compensation program in Texas and furnishes evidence of such qualification to City inaccordance with the notice provisions of this Agreement. (4) Professional Liability. This insurance shall include limited contractual liability inits coverage, and the coverage under this policy shall survive the term of this Agreement as longas any liability could be asserted. Coverage shall be as follows: $ 1,000,000.0017. NONDISCRIMINATION: Consultant represents and warrants to COSADC thatConsultant does not and will not engage in discriminatory practices and that there shall be nodiscrimination in connection with Consultant’s performance under this Agreement on account ofrace, color, sex, religion, age, handicap, marital status or national origin. Consultant furthercovenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex,religion, age, handicap, marital status or national origin, be excluded from participation in, bedenied services, or be subject to discrimination under any provision of this Agreement.18. ASSIGNMENT: This Agreement shall not be assigned by Consultant, in whole or inpart, without the prior written consent of COSADC, which may be withheld or conditioned, inCOSADC’s sole discretion. 10
  • 181. 19. NOTICES: All notices or other communications required under this Agreement shallbe in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, returnreceipt requested, addressed to the other party at the address indicated herein or to such otheraddress as a party may designate by notice given as herein provided. Notice shall be deemedgiven on the day on which personally delivered; or, if by mail, on the fifth day after being postedor the date of actual receipt, whichever is earlier. TO COSADC: TO CONSULTANT: COSADC AngelouEconomics Attn: Shawn Lewis Attn: Esther Angelou P.O. Box 1751 8121 Bee Caves Road, Suite 200 San Angelo, Texas 76902 Austin, Texas 78746 Phone: (325) 657-4210 Phone: (512) 225-932320. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the Stateof Texas. B. Title and paragraph headings are for convenient reference and are not a part of thisAgreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiverof any subsequent breach of the same or any other provision hereof, and no waiver shall beeffective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in thisAgreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwiseunenforceable under the laws of the State of Texas or City of San Angelo, such provision,paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order toconform with such laws, or if not modifiable, then same shall be deemed severable, and in eitherevent, the remaining terms and provisions of this Agreement shall remain unmodified and in fullforce and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the partieshereto. No modification or amendment hereto shall be valid unless in writing and executed byproperly authorized representatives of the parties hereto. 11
  • 182. 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the partieshereto, their heirs, executors, legal representatives, successors, or assigns.22. INDEPENDENT CONTRACTOR: Consultant has been procured and is beingengaged to provide services to COSADC and City as an independent contractor, and not as anagent or employee of COSADC or City. Accordingly, Consultant shall not attain, nor be entitledto, any rights or benefits under the Civil Service or Pension Ordinances of COSADC or City, norany rights generally afforded classified or unclassified employees. Consultant furtherunderstands that Texas Workers’ Compensation benefits available to employees of COSADC orCity are not available to Consultant, and agrees to provide workers’ compensation insurance forany employee or agent of Consultant rendering services to COSADC or City under thisAgreement.23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on theavailability of funds and continued authorization for program activities and the Agreement issubject to amendment or termination due to lack of funds, reduction of funds and/or change inregulations, upon thirty (30) days notice.24. REAFIRMATION OF REPRESENTATIONS: Consultant hereby reaffirms all of therepresentations contained in the Solicitation Documents.25. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject toall Attachments hereto, to all of the attachments, provisions, requirements, federal, state and locallaws, rules and regulations as of the effective date hereof, and to any and all requirements,whether federal, state or local, verbal or written, placed upon COSADC. All of the foregoing arehereby made a part of this Agreement and incorporated herein by reference as if fully set outherein.26. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole andonly agreement of the parties relating to the subject matter hereof and correctly set forth the 12
  • 183. rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,negotiations, or representations not expressly set forth in this Agreement are of no force or effect.27. COUNTERPARTS: This Agreement may be executed in two or more counterparts,each of which shall constitute an original but all of which, when taken together, shall constituteone and the same agreement. [Signature Page to Follow] 13
  • 184. IN WITNESS WHEREOF, the parties hereto have caused this instrument to beexecuted by their respective officials thereunto duly authorized, this the day and year abovewritten. “COSADC”ATTEST: City of San Angelo Development Corporation_______________________________ By:______________________________Alicia Ramirez, City Clerk Larry Teague, Board President “Consultant” Angelou Economic Advisors, Inc., a Texas corporation, d/b/a AngelouEconomicsATTEST:______________________________ By:_______________________________Print Name: Print Name: Esther AngelouTitle: Corporate Secretary Title: Principal Owner 14
  • 185. APPROVED AS TO CONTENT: APPROVED AS TO FORM:______________________________ __________________________________Shawn Lewis, Lysia H. Bowling,Director of Community & Eco. Dev. City AttorneyAPPROVED AS TO INSURANCEREQUIREMENTS:______________________________John SeatonRisk Manager 15
  • 186. CERTIFICATION OF CONSULTANT I hereby certify that I am Esther Anglou, Principal Owner and a duly authorizedrepresentative of Angelou Economic Advisors, Inc., a Texas corporation, d/b/aAngelouEconomics, whose address is 8121 Bee Caves Road, Suite 200, Austin, Texas 78746,and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, orother consideration, any firm or person (other than a bona fide employee working solely for me)to solicit or secure this contract; (b) Agreed, as an express or implied condition for obtaining this contract, to employor retain the services of any firm or person in connection with carrying out the contract; or (c) Paid or agreed to pay to any firm, organization, or person (other than a bona fideemployee working solely for me or the above firm) any fee, contribution, donation, orconsideration of any kind, for, or in connection with, procuring or carrying out the contract;except as here expressly stated (if any). Angelou Economic Advisors, Inc., a Texas corporation, d/b/a AngelouEconomics By: _______________________________ Date:______________________________ 16
  • 187. ATTACHMENT “A”SCOPE OF SERVICE:A. Economic Development Strategic Plan 1. Conduct an economic assessment and prepare a comprehensive Strategic Plan for COSADC and the City which includes the following: a. Business climate b. Infrastructure c. Economic base d. Entrepreneurial activity e. Workforce and education 2. Identify Stakeholders and develop strategies for increased/enhanced engagement 3. Conduct a complete analysis of the community’s strengths, weaknesses, opportunities and threats 4. Develop vision, and mission statements and establish recommended goals that will help the community accomplish the newly developed mission 5. Analyze local economic development plans, available economic data, occupational analysis and reports to determine a target industry list that will drive future marketing strategies 6. Develop an implementation plan for each of the identified strategies, including resource requirements, timelines, and proposed measurement metrics for outcome, output, efficiency and/or effectiveness measures for each strategy. The implementation plan must be prioritized based on results of the data analyzed and input from stakeholders. The plan should include at least strategies for each of the following: a. Enhancing business development, recruitment, retention and expansion efforts b. Workforce development programs to ensure a qualified workforce sufficient to meeting future needs c. Improve the existing business climate to ensure continued entrepreneurial development throughout the community d. Determine how best to meet the community’s Infrastructure needs in the near- term and long term e. Establish systems to improve the relationship of zoning and land development ordinances to ensure continued growth within the city limits f. Design consistent and effective incentive policies that will best meet the needs of existing businesses and companies within the established target industry list g. Establish systems and/or programs to ensure existing and future companies are able to attract and retain competent talent. 17
  • 188. 7. Prepare and deliver as part of the comprehensive strategic plan a separate implementation plan matrix that outlines all of the following for each Strategy: a. Actions b. Priorities c. Measurement 8. Create a survey instrument for widespread public distribution that solicits input regarding so-called “quality of life” elements (at the direction of the consultant, City staff will distribute, collect and-if desired – summarize the data for the consultant); analyze the strengths and weaknesses of local factors which affect or could affect quality of life in San Angelo; provide a measureable framework for benchmarking quality of life indicators; provide a plan of action for improving San Angelo’s quality of life.B. The Consultant’s services will be divided into four phases: 1. Phase I: Stakeholder Engagement $12,000 a. This Phase will consist of three main tasks: Project Kickoff, Public Input Collection, and Project Website Development. i. The Project Kickoff will include a 3-4 day visit to San Angelo and encompass a comprehensive tour of the community, organizing the Strategy Committee, conducting a visioning workshop, and a review of previous studies and reports. ii. Public Input Collection will include the development of online business and resident surveys, conducting personal interviews with businesses, and conducting focus group meetings with businesses and residents. iii. Project Website Development will be the creation of a project website and project plan, in consultation with the COSADC’s project staff. 2. Phase II: Market Assessment $18,000 a. This Phase will include three tasks and a second trip to San Angelo. The tasks include an assessment of the community’s Current Situation, Field Reconnaissance, and a complete SWOT Analysis, which will result in the delivery of a complete San Angelo Market Assessment. i. The Current Situation assessment will analyze the community’s demographics, employment and industry strengths, entrepreneurial activity, workforce and related resources, and commute patterns and labor sheds. ii. Field Reconnaissance will analyze current and planned business/industrial parks, road networks and other infrastructure, the downtown business environment, employment and retail centers, and quality of live amenities. iii. The SWOT Analysis will look at San Angelo’s business retention, expansion, and recruitment efforts, workforce development and 18
  • 189. educational opportunities, quality of life assets, and other marketing and economic development efforts. b. The results of these analyses will be used by the Consultant to develop a custom Market Assessment for San Angelo, which will be presented by the Consultants, along with the results of the SWOT analysis, during their second visit to San Angelo.3. Phase III: Target Industry Recommendations $20,000 a. This Phase will consist of three tasks, and the third Consultant visit to San Angelo: Identifying Target Industries, Developing Prospect Lists for Target Industries, and a Reverse Site Selection. i. The task of identifying target industries will look at San Angelo’s competitive advantage, existing industries and supply chains, and growth trends. The information will be used by the Consultants to identify specific niche markets and emerging markets that best fit with San Angelo’s potential for development. ii. The Consultants will take the niche markets identified in the first task and create a recommended targeted company database. The database will be delivered to COSADC by the Consultant in a format agreed upon by COSADC and Consultant, and contain the contact information for a minimum of 50 companies within the identified target market niches. iii. The final task in Phase III will be a Reverse Site Selection process for San Angelo. This task will include a mock prospect project that simulates an actual prospect project that simulates an actual prospect process and provides an evaluation of the process and recommendations for improvement to the community. The recommendations and target industry analysis will be presented by the Consultant during the third visit to San Angelo.4. Phase IV: Action Plan and Implementation Matrix $25,000 a. The fourth phase will include development of an Action Strategy and Implementation Matrix, which will be presented during the final Consultant visit. i. The Action Plan will include customized recommendations for strategies that can be implemented in San Angelo that will result in: targeting the identified niche market sectors and effectively marketing the identified competitive advantages; developing/strengthening retention and expansion strategies; enhancing connections between workforce needs, target industry niches, and available training; identifying additional niche marketing opportunities and better leveraging existing marketing dollars; engaging university resources and strengthening public/private partnerships; mitigating gaps and weaknesses to improve competitiveness; and, improving outcomes through performance metrics. 19
  • 190. ii. The Implementation Matrix will be a shared approach and will outline prioritized recommendations with timelines and suggested measurements tools, assigned roles for each task, and responsibilities to ensure effective implementation of strategies. The final Comprehensive Economic Development Strategic Plan will be delivered and presented to the community at the final Consultant visit. [End of Attachment “A”] 20
  • 191. ATTACHMENT “B”[End of Attachment “B”] 21
  • 192. ATTACHMENT “C”[End of Attachment “C”] 22
  • 193. RFP: CED-03-11/Strategic Plan Consultant Final Interview Evaluations, July 7, 2011Committee Member Summary Total TichlerBise, Mike Barns Angelou TIPCategory Points Inc Group Economics Strategies, IncCapability; professional qualifications of companyand staff assigned to Project; introduces project 3.00 2.71 2.29 3.00 3.00staff and describes qualifications duringpresentation / interview.Experience with Previous Projects of with aSimilar Scope of Work (i.e., recent, directexperience preparing a Strategic Plan for a 5.00 3.86 3.71 5.00 4.43municipal organization); clearly describes similarwork examples and identifies how experience isrelevant to THIS project.Ability to Meet Desired Schedules, Budget andDeadlines; including ability to travel to SanAngelo as needed for project; clearly states abilityto meet required schedules, outlines definitive 6.00 4.57 4.57 5.71 4.29budget ($75K max for ALL expenses), andconfirms ability to all provide all deliverableswithin deadlines outined in RFP.Proposed Approaches and Schedules;understands particular project requirements(including timelines) and clearly articulates themin during presentation /interview;presents prior 6.00 4.43 3.71 5.86 4.71projects that are relative to THIS project both inscope of work, size of community, similareconomic challenges; presents proposedtimeline, outlines number of meetings, etc. Total Score 20.00 15.57 14.29 19.57 16.43 Rank 3 4 1 2
  • 194. Final Interview Evaluations, July 7, 2011Committee Member #1 TichlerBise, Mike Barns Angelou TIPCategory Max Pts Inc Group Economics Strategies, IncCapability 3 3 2 3 3Previous Experience 5 4 4 5 4Ability to meet schedules and deadlines 6 5 4 5 3Proposed approaches and schedules 6 5 3 6 4 Total Score 20 17 13 19 14 Rank 2 3 1 3Committee Member #2 TichlerBise, Mike Barns Angelou TIPCategory Points Inc Group Economics Strategies, IncCapability 3 3 3 3 3Previous Experience 5 4 5 5 5Ability to meet schedules and deadlines 6 5 4 5 6Proposed approaches and schedules 6 4 5 6 6 Total Score 20 16 17 19 20 Rank 4 3 2 1Committee Member #3 TichlerBise, Mike Barns Angelou TIPCategory Points Inc Group Economics Strategies, IncCapability 3 3 2 3 3Previous Experience 5 3 3 5 5Ability to meet schedules and deadlines 6 5 6 6 5Proposed approaches and schedules 6 6 3 6 5 Total Score 20 17 14 20 18 Rank 3 4 1 2Committee Member #4 TichlerBise, Mike Barns Angelou TIPCategory Points Inc Group Economics Strategies, IncCapability 3 3 3 3 3Previous Experience 5 3 4 5 5Ability to meet schedules and deadlines 6 4 4 6 5Proposed approaches and schedules 6 3 3 6 5 Total Score 13 14 20 18 Rank 4 2 1 2
  • 195. Final Interview Evaluations, July 7, 2011Committee Member #5 TichlerBise, Mike Barns Angelou TIPCategory Points Inc Group Economics Strategies, IncCapability 3 3 3 3 3Previous Experience 5 5 5 5 5Ability to meet schedules and deadlines 6 4 5 6 6Proposed approaches and schedules 6 5 5 6 5 Total Score 20 17 18 20 19 Rank 4 3 1 2Committee Member #6 TichlerBise, Mike Barns Angelou TIPCategory Points Inc Group Economics Strategies, IncCapability 3 3 1 3 3Previous Experience 5 5 3 5 3Ability to meet schedules and deadlines 6 5 5 6 3Proposed approaches and schedules 6 5 4 6 3 Total Score 20 18 13 20 12 Rank 2 2 1 4Committee Member #7 TichlerBise, Mike Barns Angelou TIPCategory Points Inc Group Economics Strategies, IncCapability 3 1 2 3 3Previous Experience 5 3 2 5 4Ability to meet schedules and deadlines 6 4 4 6 2Proposed approaches and schedules 6 3 3 5 5 0 0 0 0 0 Total Score 20 11 11 19 14 Rank 3 3 1 2
  • 196. City of San AngeloMemo Date: July 14, 2011 To: City Council From: Shawn Lewis, Director of Community & Economic Development Subject: Designation of Funds for the Proposed Business Resource Center Contact: Shawn Lewis, David Knapp 657-4210 Caption: Consent Agenda: Consideration of a recommendation from COSADC to designate $1.4 million from unencumbered COSADC funds to renovate and reuse the former Coke Building at 69 N. Chadbourne as the Business Resource Center Summary: The proposed Business Resource Center (BRC) will be a one-stop facility that houses key San Angelo economic development and business support organizations. The facility will be owned, maintained, and operated by COSADC. Individual tenant organizations housed in the facility will operate independent of city management, unless a tenant is a sub-set of city government such as the CVCED. The overarching goal of the BRC will be to enhance and streamline economic development activities via consolidating the primary economic development stakeholders in a one-stop facility. Background: Working with the BRC architects and the tenants who will occupy the space, City staff has come up with a tentative floor plan which is attached. COSADC considered two options for the floor plan at the following costs: Option 1: Finish out only the first floor of the building as shown in the nd attached drawing, leave the 2 floor for future expansion Pros: Accommodates all tenants’ current space needs, saves money Cons: Provides for inadequate space for the business incubator (and other tenants) to grow in the future without incurring nd substantial costs for developing the 2 floor Cost: $1,125,802 Option 2: Finish out the first and second floor, but leave the westernmost “back” space (formerly a separate building that was later attached) unfinished for future growth Pros: Accommodates tenants’ current space needs, ensures room nd for growth, ensures that the 2 floor will be developed and utilized Cons: Costs more Cost: $1,365,888 In October 2010, when City staff presented to COSADC and City Council regarding the proposed concept for the Business Resource Center and the potential purchase of the Coke Building, City staff used the number of $1.4 million
  • 197. when discussing the budget. While COSADC approved the designation of $1.5 million on October 13, 2010, a budget amendment as approved by Council has not yet been requested. COSADC unanimously approved Option 1 and recommended a dollar allocation of $1.4 million toward the project. $1.4 million from unencumbered COSADC fundsFinancial Impact: st nd st Preferred floor plan layout (Option 1 1 Floor, Option 1 2 Floor, Option 2 – 1Attachments: Floor only); Budget summary; Minutes of the October 13, 2010 COSADC Board Meeting (minutes from the July 13, 2011 meeting are not yet written) Staff recommends that the City Council ratify the COSADC recommendation andOther Information/ approve a budget allocation and related budget amendment of $1.4 million forRecommendation: renovation of the former Coke Building at 69 N. Chadbourne for use as the Business Resource Center.Presentation: N/A N/APublication: Shawn Lewis, July 14, 2011Reviewed byDirector:Approved by Legal: N/A
  • 198. BUSINESS RESOURCE CENTERCity of San Angelo Development CorporationProject Budget       1,300,000       1,400,000       1,500,000Expenses AE Fees             102,000           102,000           102,000 Fixed CM Fee (1%)               12,000              12,000              12,000 Fixed Abatement                60,000              60,000              60,000 Estimate Geotech                 3,500                3,500                3,500 Estimate Testing                 2,500                2,500                2,500 Estimate Permit fees                 3,000                3,000                3,000 Estimate            183,000           183,000           183,000Construction Budget       1,117,000       1,217,000       1,317,000Option #1 2 Story Offices         1,241,716        1,241,716        1,241,716           1,365,888 Contingency (10%)            124,172           124,172           124,172           (248,888)          (148,888)            (48,888) Bldg SF         15,368 Cost / SF $        88.88Option #2 1 Story Offices*         1,023,456        1,023,456        1,023,456           1,125,802 Contingency (10%)            102,346           102,346           102,346                (8,802)              91,198           191,198 Bldg SF   13,339.00 Cost / SF $         84.40NOT ACCEPTABLE OPTIONOption #2a Partial 1 Story Offices            859,854           859,854           859,854             945,839 Contingency (10%)               85,985              85,985              85,985            171,161           271,161           371,161 Bldg SF   11,143.00 Cost / SF $        84.88 Difference between Option 1 & 2  > > >             240,086Not Included:FurnitureA/V Equipment*NOTE:Geotech & Testing Soft Cost would not be required for Option 2Reducing Contingency to 5% could save $50K to $60K
  • 199. Minutes Page 643October 13, 2010 Vol. 2Mr. Dugan added the quality of a final produce is key when partners are involved. He suggestedincluding research marketing opportunities and past efforts; taking the target industry study and “drilldown” to specific industries, thereby paring assets with industry targets and achieving a better product.Mr. Dugan further remarked completion of this process is key to narrow the focus on where to concentraterecruiting efforts. He noted this is an ongoing, long term process, but a very important tool.City Manager Harold Dominguez remarked at City Council requests, the plan should be a collaborativeeffort between City Council and Development Corporation. Such would provide a broader viewapproach, specifically on what the community could support and how economic development wouldimpact agriculture, infrastructure, transportation, planning, and water needs, as well as the value addedaspect of all involved. He noted the process could begin within thirty days, information gathering wouldtake approximately six to nine months, and the entire process may take up to one year. Mr. Dominguezinformed the private sector would be included, e.g. Sitel, Ethicon, Goodyear, etc. Mr. Lewis stated thescope of services will be forwarded to City Council.Motion, to recommend the scope of services, as discussed, to City Council and authorize staff to issue therequest for bid process, including the broader prospective, how such would inform Business Resource &Expansion Program, retail, and target industries, was made by Mr. Hiebert and seconded by Mr. Teague.Motion carried unanimously.AUTHORIZATION AND SUPPORT OF PARTNERSHIP GROUP BASED CONCEPT, ASPRESENTED, AND AUTHORIZATION FOR STAFF TO MOVE FORWARD WITH PRELIMINARYPLANS, INSTRUCT STAFF TO ENGAGE CURRENT CITY ARCHITECT TO BEGINSPECIFICATION DESIGN AND ASSOCIATED DESIGN COSTS, AND DEDICATE NO MORETHAN $1.5M FROM FUNDS TO BE PRESENTED BY STAFF AT A FUTURE MEETING ONMATTERS RELATED TO THE PROPOSED BUSINESS RESOURCE CENTERDevelopment Services Director Shawn Lewis, Small Business Development Center Dave Erickson,Angelo State University Executive Director of Special Projects Bill Cullins, Concho Valley Center ForEntrepreneurial Development Director Donna Osborne, Chamber of Commerce Vice President ofEconomic Development John Dugan, and Texas Workforce Commission/Workforce Development BoardExecutive Director Johnny Griffin presented background information reviewing the project history, costeffective partnership approach, operations concept, benefits/return on investment, construction andoperating costs, and the project timeline. A copy of the presentation is part of the PermanentSupplemental Record.Finance Director Michael Dane stated the Development Corporation would provide the project fundingfor the capital building improvement and thereafter through rent revenue. However, the City of SanAngelo will cover the design costs.Motion, to authorize and support partnership group based concept, as presented, was made by Mr. Hiebertand seconded by Ms. Korona. Motion carried unanimously.Motion, to authorize staff to move forward with preliminary plans, instruct staff to engage current CityArchitect to begin specification design and associated design costs, and dedicate no more than $1.5Mfrom funds to be presented by staff at a future meeting, was made by Mr. Hiebert and seconded by Mr.Terrazas. Motion carried unanimously.RECESSAt 9:52 A.M., Mr. Hiebert called a recess.
  • 200. SBDCEDCPart-Time UsersMeetingCirculationSupport Business Resource Center City of San Angelo
  • 201. IncubatorCirculationSupport Business Resource Center City of San Angelo
  • 202. SBDCEDCIncubatorPart-Time UsersMeetingCirculationSupport Business Resource Center City of San Angelo
  • 203. City of San AngeloMemorandumDate: May 9, 2011To: Mayor and CouncilmembersFrom: Carl White, Parks and Recreation DirectorSubject: Agenda Item for June 7, 2011 Council MeetingCaption: Regular Agenda ItemFirst public hearing and introduction of an Ordinance amending Article 5.100, AlcoholicBeverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beveragesof the City of San Angelo Code of Ordinances as related to the Texas Bank SportsComplex and the 29th Street Recreation Area________________________________________________________________________Summary:The City Council approved on January 19, 2010, a policy that allows for the sale of alcoholby the City’s Concessionaire during adult tournaments and permitted special events. Inaddition, this policy prohibits the consumption of alcohol during any youth league and youthtournament play at the Texas Bank Sports Complex. This policy mirrors that adopted by theRecreation Advisory Board in June of 2009.City staff sought City Council’s direction on a revision to the Code of Ordinance as it appliesto the sale and consumption at the Texas Bank Sports Complex and Rio ConchoCommunity Park at the meeting on February 15, 2011. The proposed revision is based onthis discussion.The proposed ordinance would clarify that alcohol would not be permitted for sale orconsumption inside the fenced in quadrangles (quads 1, 2, 3, and 4) except duringpermitted special events or tournaments. Such permits would not be authorized during anyorganized youth activities at the Texas Bank Sports Complex. In addition, consumption ofalcohol during any youth league or youth tournament play would be prohibited at the TexasBank Sports Complex.Attached is a copy of the current ordinance, Article 5.100, Alcoholic Beverages Regulations.The proposed revisions would include a deletion of Sec. 8.119, Unlawful to Carry AlcoholicBeverages into the 29th Street Recreation Area or the Rio Concho Sports Complex, dated1959. For all intents and purposes, this ordinance is obsolete since neither of these sportscomplexes exist, having been replaced by the new Texas Bank Sports Complex and RioConcho Community Park. 1
  • 204. History:• June 2009, the Recreation Advisory Board approved policies related to the sale and consumption of alcohol at the sports complex.• August 1, 2009, the sports complex opened.• August 18, 2009, City Council discussion regarding the sale and consumption of alcohol at the sports complex.• January 19, 2010, City Council discussion regarding the sale and consumption of alcohol at the Texas Bank Sports Complex. City Council adopts policy to allow for the sale of alcohol by the City’s Concessionaire during adult tournaments and permitted special events except during any youth league or tournament play.• February 15, 2011, City Council discussion regarding possible revisions to the Code of Ordinances.Financial Impact: none anticipated.Other Information/Recommendation: Staff recommends approval of the proposedrevisions to the Code of Ordinance, Article 5.100, Alcoholic Beverages Regulations.Attachments: Copy of the minutes from the February 15, 2011 City Councilmeeting, a copy of the current Code of Ordinance, Article 5.100, Alcoholic BeveragesRegulations and a copy of the proposed revised Ordinance.Presentation: Verbal and PowerPoint presentationPublication: N/AReviewed by Assistant City Manager: Rick Weise, City Manager’s Office, May 20, 2011 2
  • 205. Excerpt of the February 15, 2011 City Council minutes:CONSIDERATION OF MATTERS RELATED TO THE CITY CODE OF ORDINANCES, ARTICLE5.100, ALCOHOLIC BEVERAGES REGULATIONS, AS IT PERTAINS TO THE TEXAS BANKSPORTS COMPLEX AND RIO CONCHO COMMUNITY PARKParks and Recreation Director Carl White presented background information. A copy of the presentation ispart of the Permanent Supplemental Record.Motion, to accept changes as proposed by staff, was made by Councilmember Alexander and seconded byCouncilmember Hirschfeld.Chief Vasquez expressed his concern of providing sufficient police response and coverage with associatedcalls should such an alcohol restriction be placed on the park.Councilmember Alexander withdrew his motion, Councilmember Hirschfeld his second.Motion, to approve, as presented by staff, with the removal of the Rio Concho Community Park, was made byCouncilmember Alexander and seconded by Councilmember Hirschfeld.Public comment was made by Recreation Board Chairperson John Alexander.Mayor New noted since the item was to give direction to staff in how to proceed with the presented points, he noted that a motion was not necessary. Therefore, the motion was withdrawn. 3
  • 206. Existing Ordinances Related to AlcoholARTICLE 5.100 ALCOHOLIC BEVERAGES REGULATIONS*Sec. 5.101 DefinitionThe terms "alcoholic beverage," "liquor," "beer" and "wine and vinous liquor" as used in thisarticle have the same meanings as the definitions provided in the Texas Alcoholic BeverageCode, Section 1.04, Tex. Codes Ann. (1959 Code of Ordinances, Sec. 5-2-1)Sec. 5.102 License RequiredIt shall be unlawful for any person to manufacture or brew any alcoholic beverage, liquor, beeror wine and vinous liquor for the purpose of sale, or to import into this city, or to distribute, or tosell any alcoholic beverage, liquor, beer, or wine and vinous liquor for the purpose of sale withinthis city without having first obtained the appropriate license from the finance director as hereinprovided, which license shall at all times be displayed in some conspicuous place within thelicensed place of business. (1959 Code of Ordinances, Sec. 5-2-2)Sec. 5.103 License FeesThe finance director is authorized to collect a license fee of one half the state permit fee for eachlicense issued for premises within the city. (1959 Code of Ordinances, Sec. 5-2-3)Sec. 5.104 Prohibited Licenses*No license authorizing the sale of any alcoholic beverage, liquor beer or wine and vinous liquorshall be issued to any dealer where the place of business of any such dealer is within thecorporate limits of the city and is within three hundred feet (300) of any tax supportedelementary or secondary public school. The measurement of the distance between the place ofbusiness where alcoholic beverages are sold and the public school shall be in a direct line fromthe property line of the public school to the property line of the place of business, and in a directline across intersections. Provided, that this section shall not apply to any dealer whose place ofbusiness is within three hundred feet (300) of any tax-supported elementary or secondary publicschool as of the date of the adoption of this article, or to any of their successors. (Ordinanceadopted 5/2/00)Sec. 5.105 Term of LicenseAny license issued under the terms of this article shall be for one year and shall benontransferable, provided, that if the city license of any dealer who is engaged in the sale of beerand of other alcoholic beverages at the time of the adoption of this article does not expire on thesame day as the state and county period as to make the city license terminate on the same day asthe state and county licenses, and in this event only the proportionate part of the fee levied forsuch license shall be collected. The fractional part of any month remaining shall be counted asone month in calculation of the fee that shall be due. (1959 Code of Ordinances, Sec. 5-2-5) 4
  • 207. Sec. 5.106 Hours of Sale*No person who may engage in the sale of beer or other alcoholic beverages within the corporatelimits of the city shall offer for sale or sell any beer other alcoholic beverages within thecorporate limits of the city on Sunday between the hours of two oclock (2:00) a.m. and twelveoclock (12:00) noon and on all other days at any time between the hours of two oclock (2:00)a.m. and seven (7:00) a.m. (1959 Code of Ordinances, Sec. 5-2-6)Sec. 5.107 ReservedSec. 5.108 Proof of ViolationProof of the consumption of beer or other alcoholic beverages between the hours of two fifteenoclock (2:15) a.m. and twelve oclock (12:00) p.m. the following on Sundays or between thehours of two oclock (2:00) a.m. and seven oclock (7:00) a.m. the following on any other day ofthe week in the sale of beer or other alcoholic beverage in the city shall be prima facie evidencethat beer or other alcoholic beverages have been sold by such person in violation of this article.(1959 Code of Ordinances, Sec. 5-2-8)Sec. 5.109 RevocationThe city council is hereby authorized and empowered to revoke the license of any personengaged in the business or occupation on selling, distributing or disposing of beer or otheralcoholic beverages after giving such person ten (10) days notice of a hearing and after holdingsuch hearing for the purpose of determining whether or not such license should be revoked,provided however, that such power of revocation shall be exercised under the followingconditions:(1) When disorderly or immoral practices are permitted on the premises.(2) Where such person sells or offers for sale any beer or other alcoholic beverages inviolation of the terms of this article or of the Texas Alcoholic Beverage Code, or consumes orpermits any other person to consume beer or other alcoholic beverages on the premises inviolation of the terms of this article or of the Texas Alcoholic Beverage Code.(1959 Code of Ordinances, Sec. 5-2-9)Sec. 5.110 PenaltyAny person who violates any provision of this article shall be guilty of a misdemeanor and uponconviction shall be subject to a fine as provided for in Section 1.106 of this code. Each day ofsuch violation shall constitute a separate offense (Ordinance adopted 5/2/00) 5
  • 208. Sec. 8.119 Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area and RioConcho Sports ComplexIt shall be unlawful for any person, firm, company, organization or corporation to carry alcoholicbeverages inside the fenced-in portion of the 29th Street Recreation Area or the Rio Concho SportsComplex. (1959 Code of Ordinances, Sec. 6-1-25) 6
  • 209. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX (RIO CONCHO SPORTS COMPLEX), RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, It is the intent of the City Council to protect the public health, safety andwelfare; and, WHEREAS, municipalities may, under their police powers, enact reasonable regulationsnot in conflict with state law that promote the health, safety and welfare of citizens; and, WHEREAS, the Texas Alcoholic Beverage Code generally governs the regulation ofalcoholic beverages, but the municipality may control City facilities and premises; and, WHEREAS, the City Council approved a policy to allow the sale of alcoholic beveragesby the City’s Concessionaire at the Texas Bank Sports Complex during adult tournaments andpermitted special events only when no youth league or youth tournament play is occurring in thecomplex:BE IT ORDAINED BY THE CITY OF SAN ANGELO:Section 1) THAT, Section 8.119, entitled “Unlawful to Carry Alcoholic Beverages into the29th Street Recreation Area Rio Concho Sports Complex”, of Article 8.100, General Offenses, ofChapter 8, Offenses & Nuisances, of the Code of Ordinances of the City of San Angelo, Texas ishereby repealed:Section 2) That, Chapter 5, Business and Commerce, Article 5.100, Alcoholic BeveragesRegulations, of the Code of Ordinances of the City of San Angelo is amended by adding Section5.107 to read as follows:
  • 210. Sec. 5.107 Alcohol in the Texas Bank Sports Complex (Rio Concho Sports Complex) (a) It shall be unlawful for any person, firm, company, organization or corporation to sell, consume or possess, or to permit or to promote the selling, consuming or possessing, of any alcoholic beverage within or upon the fenced in areas of the quadrangles of the Texas Bank Sports Complex, San Angelo, Tom Green County, Texas. (b) It shall be an affirmative defense to the prohibition of this Section, that a person, firm, company, organization or corporation secured a permit, contract, lease or other form of written permission from the Parks and Recreation Department permitting utilization of the City’s concessionaire for the selling, promoting, consuming or possessing of alcoholic beverages for a specific event within one or more designated quadrangles of the Texas Bank Sports Complex and that the sale, promotion consumption or possession of alcohol occurred at the time of the specific event and within such quadrangle or quadrangles as described in the permit, contract, lease or other form of written permission from the Parks and Recreation Department. The permit, contract, lease or other form of written permission from the Parks and Recreation Department shall be limited to specific events, on specific dates, for specified hours and within one or more specific quadrangles of the Texas Bank Sports Complex; and shall be conditioned upon compliance with the Texas Alcohol Beverage Code and applicable municipal ordinances. (c) The Parks and Recreation Department for the City of San Angelo shall adopt a policy and regulations, and a form for application for permit, contract, lease or other form of written permission authorizing utilization of the City’s concessionaire for the sale, consumption or possession of alcoholic beverages within the quadrangles of the Texas Bank Sports Complex for specific events during adult tournaments and permitted special events only when no youth league or youth tournament play is occurring. (d) The premises of the Texas Bank Sports Complex quadrangles include the fields, spectator areas and concession areas within each fenced in quadrangle, located within the area bound on the East by the East Angelo Draw; on the South by the North Concho River; on the West by Bell Street; and, on the North by St. Ann Street, San Angelo, Tom Green County, State of Texas.Section 3) THAT the penalty provisions of Article 5.100 shall remain in full force and effect.Section 4) THAT, the following severability clause is adopted with this amendment: The terms and provisions of this Ordinance shall be deemed to be severable in that if anyportion of this Ordinance shall be declared to be invalid, the same shall not affect the validity ofthe other provisions of this Ordinance.Section 4) THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the ______ day of _______________, 2011, and finally PASSED,
  • 211. APPROVED and ADOPTED on this the _____ day of _______________2011. THE CITY OF SAN ANGELO, TEXAS Alvin New, MayorAttest:Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:Carl White Lysia H. BowlingParks and Recreation Director City Attorney
  • 212. 6/1/2011 City Council Meeting June 7, 2011 Texas Bank Sports ComplexCurrent policy regarding alcohol sales and consumptionat the complex:• Sales allowed only by the City’s Concessionaire, San Angelo Host, during adult tournaments and permitted special events.• Consumption of alcohol prohibited during any youth league and tournament p y g play.City staff recommends the policy be formalized andadopted as ordinance and placed in Article 5.100,Alcoholic Beverages Regulations. 1
  • 213. 6/1/2011 Texas Bank Sports ComplexThe proposed ordinance would clarify:• that alcohol would not be permitted for sale or consumption inside the fenced in quadrangles (quads 1, 2, 3, and 4) except during permitted special events or tournaments.• Such permits would not be authorized during any organized y g youth activities at the Texas Bank Sports p Complex.• In addition, consumption of alcohol during any youth league or youth tournament play would be prohibited at the Texas Bank Sports Complex. Texas Bank Sports Complex• The proposed revisions would include a deletion of Sec. 8.119, Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area or the Rio Concho Sports Complex, dated 1959. This ordinance is obsolete since neither of these sports complexes exist, having been replaced by the new Texas Bank Sports Complex and Rio Concho Community Park. 2
  • 214. City of San AngeloMemo Meeting Date: July 11, 2011 To: Mayor and City Council From: AJ Fawver, Planning Manager Subjects: SU 11-01, a request from Apostolic House of Worship for approval of a Special Use to allow a day care on the site of a religious institution (church) existing on the subject property Location: 1202 Preusser Street at northeast corner of Florence and Preusser Streets in east central San Angelo, specifically on the south 50 feet of Lots 7 and 8 as well as all of Lots 9, 10 and 11 in Block 2 of Sheppard’s Addition to San Angelo Contacts: Tim Wood, from Apostolic House of Worship 895-1477 AJ Fawver, Planning Manager 657-4210 Summary: The Apostolic House of Worship is seeking permission to undertake a day care operation at their church’s existing location in a Single-Family Residence (RS-1) zoning district. Day care centers are not generally allowed in RS-1, RS-2 or RS-3 zoning districts of San Angelo. Day care centers are allowed in these residential zoning districts only with City Council’s approval of a Special Use for such facilities. Furthermore, any such Special Use may be approved only where it is shown that such special use can provide an effective transition between more restrictive and less restrictive zoning districts. As its name implies, a Special Use is a legislative act to allow some particular proposed activity at a location in a zoning district where it otherwise would be prohibited. Like any change to the official zoning map, approval of a Special Use requires action by San Angelo’s City Council, after a hearing and recommendation by the Planning Commission. In doing so, the Planning Commission may: (1) recommend approving the proposed Special Use as requested; or (2) recommend approving the proposed Special Use subject to certain conditions intended, for example, to make it more compatible in its particular environment; (3) recommend denying the requested Special Use; or
  • 215. (4) modify the application to some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled.Surrounding Zoning and Land Use:North Single-Family Residence (RS-1) single-family residencesEast Single-Family Residence (RS-1) single-family residencesSouth Single-Family Residence (RS-1) single-family residencesWest Single-Family Residence (RS-1) and Two-Family Residence single-family residencesBackground:In its plans for a day care operation at this location, Apostolic House of Worship intendsto construct no new buildings or additions to the existing building there. Instead,Apostolic House of Worship plans to use each of five full classrooms, a large nursery andkitchen already existing in the church building on this subject property.At the May meeting of the Planning Commission, discussion revolved around concern oftraffic management and the Commission voted to table the item for a maximum of threemonths to allow the proponent to come back to the Commission with a site plan illustratinghow they intend to handle the traffic generated by the use. In June, then-Principal PlannerBrad Stone was given such a graphic, which has been incorporated into this report.Analysis and Recommendation:As mentioned above, approving a Special Use is a legislative act to allow some particularproposed activity at a location in a zoning district where such activity would otherwise beprohibited by zoning regulations. Although potentially applicable to “any use deemedappropriate” in any zoning district, San Angelo’s Zoning Ordinance goes on to state thatSpecial Uses should be restricted to circumstances “where such use can provide effectivetransition between less restrictive and more restrictive zoning districts.” For example, aSpecial Use for some limited nonresidential activity may be considered in a residentialdistrict along its boundary with a commercial district, providing a useful and effectivetransition between two otherwise incongruous environments.This is the general standard that must be met, in order for the requested Special Use (i.e., aday care) to be approved on the subject property in a Single-Family Residence District.In spite of the submitted traffic plan, staff’s recommendation remains unchanged. While it istrue that the submitted plan provides some clarity for traffic movement, it still does notchange the fact that, per the Zoning Ordinance, a Special Use must provide an effectivetransition between zoning districts. This property is located in a large swath of RS-1 zoning,and therefore, no transition is provided; thus, the standard is not met. However, one couldcontend that the proposed site plan helps, to some small degree, to minimize some of thetraffic impacts.
  • 216. City staff recommends denying this requested Special Use for a day care in an RS-1zoning district. Single-Family Residence zoning and, for the most part, single-familyresidential use surround the subject property on all four sides.Zoning Ordinance Subsection 209.H identifies still more criteria for the PlanningCommission and City Council to use in deciding whether to approve a requested SpecialUse, including:  Impacts Minimized. Whether and the extent to which the proposed Special Use minimizes adverse effects on adjacent properties.  Compatible with Surrounding Area. Whether and the extent to which the proposed Special Use is compatible with existing and anticipated uses surrounding the subject property.  Traffic Circulation. Whether and the extent to which the proposed Special Use is likely to result in extraordinarily prolonged or recurrent congestion of surrounding streets, especially minor residential streets.  Community Need. Whether and the extent to which the proposed Special Use addresses a demonstrated community need.  Development Patterns. Whether and the extent to which the proposed Special Use would result in a logical and orderly pattern of urban development in the community.City staff contends these criteria generally suggest the proposed day care at this locationshould be denied, since it may result in adverse impacts on nearby properties, especially interms of traffic circulation. A day care center, especially if operated 5 days each week, islikely to result in some noticeable traffic increase on nearby streets during the early morningand late afternoon, which could lead to recurrent congestion as stated in the item abovetitled “Traffic Circulation”. This impact alone may have ill effects on the comfort and value ofnearby homes. Even if current homeowners don’t anticipate negative effects, they may stillhappen; if approved, this Special Use will run with the property indefinitely. This impact, inthe opinion of staff, renders it incompatible with the surrounding area (item 2 above).Lastly, the Zoning Ordinance further asserts the incompatibility of day care activity withresidential use – this is clear given the relegation of such a use to commercial zoningdistricts and only those residential districts highest in density.If the Planning Commission is nonetheless inclined to approve this requested Special Use,commission members may want to consider requiring asphalt pavement of the existinggravel-surfaced parking area sandwiched between the existing church building and the westside boundary of this subject property, as a condition for approval. The site plan presentedby the applicant can also be included, to add the condition that development match what ison the plan.While City staff recommended denial based on the rationale described above, thePlanning Commission recommended approval of the request by a 6-1 vote. They madethis approval subject to two conditions: (1) that the site plan be adhered to, and (2) that theadditional parking be provided as proposed on the site plan.
  • 217. Notification: Thirty-four (34) owners of nearby property were formally re- notified of this application for Special Use approval. 7 were received in favor; and 1 was received in opposition, stating, “I have owned my property in this area since 1976. We built our home at 1230 Preusser Street in that year. We are very satisfied with our neighbors and the neighborhood, just as it is!”Attachments: excerpt from zoning map, highlighting subject property of requested Special Use; aerial photo of same vicinity (as above-mentioned map) highlighting subject property of requested Special Use; letter from Diane Ibarra of Apostolic House of Worship, outlining plans for operation of a day care at this location; graphic from Diane Ibarra of Apostolic House of Worship, illustrating traffic management plans for a day care at this location; map excerpt showing location of property for which notifications were returned, using green as those in favor and red as those in opposition; and draft minute excerpt from Planning Commission meeting of June 20th.Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver, Planning Manager
  • 218. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1202 Preusser Street at northeast corner of Florence and Preusser Streets in east central San Angelo, specifically on the south 50 feet of Lots 7 and 8 as well as all of Lots 9, 10 and 11 in Block 2 of Sheppard’s Addition to San Angelo. Approving a Special Use allowing a day care operation in conjunction with the current religious institution on otherwise residentially-zoned property in a Single-Family Residence (RS-1) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: SU 11-01: Apostolic House of Worship WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law with referenceto zoning regulations and a zoning map, have given requisite notice by publication andotherwise, and after holding hearings and affording a full and fair hearing to all property ownersand persons interested, generally, and to persons situated in the affected area and in the vicinitythereof, is of the opinion that zoning changes should be made as set out herein; NOW,THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted bythe governing body for the City of San Angelo on January 4, 2000 and included within Chapter12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amendedinsofar as the property hereinafter set forth, and said ordinance generally and the zoning mapshall be amended insofar as the property hereinafter described: the south 50 feet of Lots 7and 8 as well as all of Lots 9, 10 and 11 in Block 2 of Sheppard’s Addition to SanAngelo, shall have a Special Use allowing a nonresidential use in a residential zoningdistrict on the property. Said special uses shall have no fundamental effect upon itsunderlying or base zoning classification.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described propertyshall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinancesfor the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:
  • 219. SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.INTRODUCED on the 12th day of July, 2011 and finally PASSED, APPROVED ANDADOPTED on this the 19th day of July, 2011. THE CITY OF SAN ANGELO by:______________________________________ Alvin New, MayorATTEST:by:_________________________________ Alicia Ramirez, City Clerk
  • 220. City of San AngeloMemo Meeting Date: July 12, 2011 To: Mayor and Council members From: AJ Fawver, Planning Manager Subjects: SU 11-02, a request for approval of a Special Use to allow placement of a “band stand” or “stage”, categorized in the Zoning Ordinance as a major entertainment event, on the subject property: Location: a 1.722 acre tract located approximately 285’ west of the intersection of Old Knickerbocker Road and South Bryant Boulevard in south central San Angelo, specifically the remainder of Tract C in the T.J.A.K. Addition to San Angelo Contacts: Ray Zapata 212-3151 AJ Fawver, Planning Manager 657-4210 Summary: The applicant is seeking to obtain a Special Use that would allow him to place a “band stand” on the subject property, which currently serves as additional parking for Mejor Que Nada restaurant and also houses a small office building. The band stand is not proposed to be enclosed, and would be used for special events to be held on-site. As its name implies, a Special Use is a legislative act to allow some particular proposed activity at a location in a zoning district where it otherwise would be prohibited. Like any change to the official zoning map, approval of a Special Use requires action by San Angelo’s City Council, after a hearing and recommendation by the Planning Commission. In doing so, the Planning Commission may: (1) recommend approving the proposed Special Use as requested; or (2) recommend approving the proposed Special Use subject to certain conditions intended, for example, to make it more compatible in its particular environment; (3) recommend denying the requested Special Use; or (4) modify the application to some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled.
  • 221. Surrounding Zoning and Land Use:North General/Heavy Commercial (CG/CH) & retail (restaurants, auto part stores, Light Manufacturing (ML) car wash, gas station), residencesEast General/Heavy Commercial (CG/CH), retail (restaurants, auto part store) General Commercial (CG), offices, residences Neighborhood Commercial (CN), Single-Family Residential (RS-1)South Light Manufacturing (ML), retail (general, lube center), General/Heavy Commercial (CG/CH), offices, residences General Commercial (CG), Single-Family Residence (RS-1)West Light Manufacturing (ML) car sales, DeCoty Coffee CoBackground:The property owner desires to place a “band stand” on the site which would host periodicevents of a cultural or musical nature, in association with the neighboring restaurant. Thistype of use is characterized in the Zoning Ordinance as an “entertainment event, major”.These activities are generally of a spectator nature and draw large numbers of people tospecific events or shows. Outdoor amphitheaters, for example, fall into this category. Sucha use is only allowed in an ML district with approval of a Special Use.Analysis and Recommendation:The area is unique in that it is surrounded by a variety of zoning classifications, from verylight (RS-1) to very heavy (ML). The property is also near a major thoroughfare(Knickerbocker Rd) which was, in its infancy, was surrounded by many manufacturing usesbut is gradually transitioning to a commercial corridor. Also nearby is South BryantBoulevard, another major thoroughfare with extensive commercial development.Residential development in this area is isolated and dates back to the mid-1950’s, but isunlikely to continue based on the newer features and patterns of growth in the immediatevicinity.As mentioned above, approving a Special Use is a legislative act to allow some particularproposed activity at a location in a zoning district where such activity would otherwise beprohibited by zoning regulations. Although potentially applicable to “any use deemedappropriate” in any zoning district, San Angelo’s Zoning Ordinance goes on to state thatSpecial Uses should be restricted to circumstances “where such use can provide effectivetransition between less restrictive and more restrictive zoning districts.” For example, aSpecial Use for some limited nonresidential activity may be considered in a residentialdistrict along its boundary with a commercial district, providing a useful and effectivetransition between two otherwise incongruous environments.This is the general standard that must be met, in order for the requested Special Use (i.e., aday care) to be approved on the subject property in a Single-Family Residence District. It
  • 222. does appear that this use would create a transition between a more restrictive zoning (ML)and less restrictive zoning (CG, CG/CH).Zoning Ordinance Subsection 209.H identifies still more criteria for the PlanningCommission and City Council to use in deciding whether to approve a requested SpecialUse, including:  Impacts Minimized. Whether and the extent to which the proposed Special Use minimizes adverse effects on adjacent properties.  Compatible with Surrounding Area. Whether and the extent to which the proposed Special Use is compatible with existing and anticipated uses surrounding the subject property.  Tr