City Council October 4, 2011 Agenda Packet

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City Council October 4, 2011 Agenda Packet

  1. 1. NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, October 4, 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. Proclamations “National Domestic Violence Awareness Month”, Month of October 2011, to be accepted by Santa Tobias, Legal Advocate & Outreach Coordinator for the New Bridge Family Shelter “Fire Prevention Week”, Week of October 9, 2011, to be accepted by Thomas Truett, Arson Investigator for the City of San Angelo 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 September 20, 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. VM-07-11: Backhoe Loader, Yellowhouse (San Angelo, TX), $66,250.00 b. VM-09-11: Light Duty Vehicles, Jim Bass Ford (San Angelo, TX) and Caldwell Country Chevrolet (Caldwell, TX), $200,000.00 c. VM-11-11: Mowing Equipment, Cisco Equipment (San Angelo, TX), $57,051.00 d. VM-17-11: Street Sweeper, Tymco, Inc. (Waco, TX) via HGAC, $195,170.00 e. WU-13-11: Utility Trench Repair, CM Construction (Mertzon, TX), $1,029,878.18City Council Agenda Page 1 of 5 October 4, 2011
  2. 2. 3. Consideration of adopting Resolutions authorizing the Mayor to execute Tax Deeds for the sale of Tax Lots: a. 201 W 26th Street, (Saldivar), Lot 7 & E 10’ of 8, Block 1, Ruby Douglas Addition, $9,000, Suit No. D-08-0031-T b. 1634 Beacon Street, (Mejia), Lots 1 & 2, Block 15, Avondale Addition, $2,327, Suit No. B-06- 0032-T 4. Consideration of authorizing the City Manager to execute the 2012 New Freedom Grant Contract with the Texas Department of Transportation and receive said funds for pedestrian improvements along North Chadbourne Street from 7th Street to 12th Street, the grant amount being $275,108.00 with an in- kind match of $68,777.00 to be provided in the form of Engineering and Design Services by the Engineering Division 5. Consideration of approving a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board for the allocation of $7,500.00 from the South TIRZ fund as a grant toward façade improvements for the proposed Business Resource Center to be located at 69 North Chadbourne Street (the former Coca Cola building) 6. Consideration of authorizing the City Manager to execute an Interlocal Agreement renewal between the City of San Angelo and Concho Valley Council of Governments for 9-1-1 Service in Tom Green County 7. Second hearing and consideration of adoption of an Ordinance authorizing the abandonment of public right-of-way around City Hall in downtown San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’ NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to and south of West 2nd Street, beginning at the SE corner of the intersection of West 2nd & Farr Streets, and extending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS 8. Second hearing and consideration of adoption of an Ordinance amending Fire Department Staffing Positions AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY INCREASING THE NUMBER OF FIRE LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND DECREASING THE NUMBER OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91), SAID CHANGE TO BE EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATESCity Council Agenda Page 2 of 5 October 4, 2011
  3. 3. III. 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. Consideration of granting a request for temporary placement of a manufactured home, not to exceed two years, during construction of a permanent home on the same 1.61-acre site at 3612 Lake Drive in northern San Angelo (Presentation by Planning Manager AJ Fawver) 10. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-18: Michael Pittman 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: 428 Montague Avenue, at the southeast intersection of Ellis Street and Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz subdivision, in northeastern San Angelo, changing the zoning classification from Single Family Residential (RS-1) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 11. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-12: Mike Carter 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: 4003 N. Chadbourne Street, located west of the intersection of East 40th Street, N. Chadbourne Street, and Grape Creek Road, specifically 3.18 acres out of A & M G RR CO survey, changing the zoning classification from CG/CH (General Commercial/Heavy Commercial) and R&E (Ranch & Estate) to CG (General Commercial); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 12. First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of an alley in Fairview Addition, Block 50 AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY SEGMENT, TO WIT: a 20’ x 330’ alley right-of-way extending from North Archer Street to North Bell Street in Block 50 of the Fairview Addition, running parallel to and southCity Council Agenda Page 3 of 5 October 4, 2011
  4. 4. of East Houston Harte Expressway in northeastern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS (Presentation by Planning Manager AJ Fawver) 13. Consideration of awarding bid WU-12-11 for the Hickory Water Supply 30” Transmission Main Project to Oscar Renda Contracting not to exceed an amount of $39,000,000.00, authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract and any related documents (Presentation by Water Utilities Director Will Wilde) 14. Consideration of authorizing the sale of 1961 Beaty Road (David L. Hirschfeld, and his successors, as Trustee of the Trust) for the appraised value of $174,650.00 and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject property, subject to completion of all curative requirements (Presentation by Water Utilities Director Will Wilde) 15. Discussion and possible action regarding employee alternate work schedule (Presentation by Human Resources Director Lisa Marley) 16. Discussion and possible action to designate a marker name, to wit: Hughes Point, at Lake Nasworthy at the end of Camper Road (Requested by Councilmember Farmer and presentation by City Manager Harold Dominguez)Addendum 17. Discussion and consideration to rename 50th Street and any action in connection thereto (Requested by Councilmember Morrison and presentation by City Engineer Clinton Bailey) 18. Discussion and consideration of preparedness, response, and mitigation responsibilities of the City of San Angelo to reduce the potential for loss of life, property, and damage to the environment due to wildfires in the City of San Angelo, Tom Green and neighboring counties; and to create a wildfire interface task force to partner and establish working relationships with private citizens and local, state, and federal agencies to suppress the potential for large damaging wildfires a. Consideration of authorizing the City Manager in his discretion to enlist, assemble and dispatch equipment, manpower, and fire suppression resources to suppress wildfires that pose an imminent threat of catastrophic loss of life, property and damage to the environment in the City b. Consideration of awarding RFP VM-05-11 for Equipment Financing to California First National Bank, authorizing staff to negotiate a Master Equipment Lease/Purchase Agreement, and authorizing the City Manager to execute said agreement and any necessary related documentsAddendum c. Consideration of authorizing staff to negotiate lease agreements for the following equipment in accordance with City of San Angelo Purchasing Policy and Procedures (1) VM-14-11: 5 Pickups via HGAC&Buyboard/Philpott Motors (Nederland, TX), $175,487.37 (2) VM-15-11: Heavy Construction Equipment via Buyboard/Warren Caterpillar (San Angelo, TX), $734,600.00 (3) VM-18-11: Haul Trailer via Buyboard/Kirby Smith Machinery (Abilene, TX), $72,943.35 (4) VM-19-11: Type III Brush Truck, via HGAC/Hall Buick Pontiac GMC (Tyler, TX), $285,387.00 (Requested by Councilmembers Hirschfeld and Farmer) City Council Agenda Page 4 of 5 October 4, 2011
  5. 5. 19. Discussion and possible action regarding the consolidation of City of San Angelo Public Safety Communications Center (dispatch) and Tom Green County Dispatch, and authorizing the Chief of Police to negotiate an interlocal agreement and transition plan, including any associated matters involving such consolidation (Presentation by Police Chief Tim Vasquez) 20. Consideration of adopting a Resolution nominating candidates for Board of Directors of Tom Green County Appraisal District (Presentation by City Clerk Alicia Ramirez) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 21. Consideration of matters discussed in Executive/Session, if needed 22. Consideration of various Board nominations by Council and designated Councilmembers: a. Civic Events Board: Jennifer Odom (SMD4) to a 2nd full term October 2014 23. Consideration of Future Agenda Items 24. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, September 28, 2011, at 7:00 P.M. /x/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 October 4, 2011
  6. 6. PROCLAMATIONWHEREAS, the crime of domestic violence violates an individual’s privacy and dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse including abuse to children and the elderly; andWHEREAS, the problems of domestic violence are not confined to any group or groups of people, but cut across all economic, racial and societal barriers, and are supported by societal indifferences; andWHEREAS, the impact of domestic violence is wide ranging, directly effecting individuals and society as a whole, here in this community, throughout the United States and the world; andWHEREAS, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalfof the City Council, do hereby proclaim the month of October 2011, as “NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH”and urge all citizens to actively participate in the scheduled activities and programs towork toward improving victim safety and holding perpetrators of domestic abuseaccountable for their actions against individual victims and our society as a whole. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 4th day of October, 2011. THE CITY OF SAN ANGELO ___________________________ ALVIN NEW, MAYOR
  7. 7. PROCLAMATIONWHEREAS, Fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at the greatest risk from fire; andWHEREAS, Fire departments in the United States responded to nearly 400,000 home fires in a single year; andWHEREAS, San Angelo residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; andWHEREAS, The fire service of San Angelo is dedicated to the safety of life and property from the devastating effects of fire, and they are joined by other emergency service providers, businesses, safety advocates, schools, and service clubs,NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf ofthe City Council, do hereby proclaim the week of October 9-15, 2011 as FIRE PREVENTION WEEKand call upon the people of San Angelo to participate in fire prevention activities at home,work, and school, and practice home fire safety especially this week which commemoratesthe great Chicago Fire of 1871 which killed 250 persons, left 100,000 homeless, anddestroyed 17,400 buildings. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 4th day of October, 2011. THE CITY OF SAN ANGELO _________________________________ ALVIN NEW, MAYOR
  8. 8. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 33Tuesday, September 20, 2011 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:04 A.M., Tuesday, September 20,2011, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All dulyauthorized members 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, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Rev. Tim Davenport-Herbst of St. Paul Presbyterian and pledge was led byHayden, 2nd Grader, and Hallee, 5th Grader, Carlson of Angelo Catholic School.PUBLIC COMMENTNo one came forward to comment publicly.CONSENT AGENDAAPPROVAL OF THE SEPTEMBER 6, 2011 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID REC-02-11 FOR FOOD PRODUCTS FOR SENIOR SERVICES NUTRITIONPROGRAM TO BEN E. KEITH (ABILENE, TX) IN THE AMOUNT OF $83,833.57 AS THE PRIMARYVENDOR AND TO PERFORMANCE FOOD SERVICE AS THE SECONDARY (TEMPLE, TX) IN THEAMOUNT OF $85,915.49; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE ANY NECESSARY RELATED DOCUMENTSADOPTION OF A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE U.S.DEPARTMENT OF JUSTICE FY 2011 JUSTICE ASSISTANCE GRANT IN THE SUM OF THIRTY-THREE THOUSAND SIX HUNDRED TWENTY-NINE AND NO/100 DOLLARS ($33,629.00), ANDAUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUCH GRANT AWARDAND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCEOF THE GRANT (ANNEX A, PAGE 43, RESOLUTION #2011-09-099R)RATIFICATION OF A RESOLUTION OF THE CITY OF SAN ANGELO DEVELOPMENTCORPORATION ACKNOWLEDGING THE CRITICAL WATER SUPPLY AND WATER QUALITYNEEDS OF THE STATE OF TEXAS AND OF THE COMMUNITIES OF WEST TEXAS, THEINFRASTRUCTURE REQUIRED TO MEET THOSE NEEDS, THE NECESSITY FOR COSTEFFECTIVE PROGRAMS TO ASSIST LOCAL GOVERNMENT IN FINANCING WATER RELATEDPROJECTS, THE EFFECTIVENESS OF FINANCING OPPORTUNITIES OFFERED BY THE TEXASWATER DEVELOPMENT BOARD, AND SUPPORTING PROPOSITION 2, A PROPOSED TEXASCONSTITUTIONAL AMENDMENT PROVIDING FOR WATER FINANCIAL ASSISTANCE BONDS
  9. 9. Page 34 MinutesVol. 103 September 20, 2011SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX B,PAGE 45, ORDINANCE #2011-09-100)PD 11-01; Z 11-11: ATMOS EnergyAN 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: 1730 North Main Street, an approximately 2.6 acre tract of propertyformed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north,North Main Street on the east, and East 14th Street on the south, in north central San Angelo, changing thezoning classification from Neighborhood Commercial (CN) to Planned Development (PD) District for acombination of office, aggregate and materials storage, accessory parking, and contractor usage;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX C,PAGE 47, ORDINANCE #2011-09-101)Pd 11-02; Z 11-13: City of San AngeloAN 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: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwestcorner of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and asegment of the north part (a portion of River Drive) of the Fort Concho River Lots Addition, changing thezoning classification from Single Family Residential (RS-1) to Planned Development (PD) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEXD, PAGE 49, ORDINANCE #2011-09-102)Z 11-14: City of San Angelo Planning CommissionAN 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: Area generally bounded by North Oakes Street on the west, East/West3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition toone block generally bounded by Gillis Street on the west, West 2nd Street on the north, North Irving Streeton the west, and West 1st Street on the south, changing the zoning classification from Multi-FamilyResidence and General Commercial/Heavy Commercial, (RM-1 and CG/CH) to Central Business District(CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
  10. 10. Minutes Page 35September 20, 2011 Vol. 103SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX E,PAGE 51, ORDINANCE #2011-09-103)Z 11-16: First National BankAN 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: 1814 Ward Street, about 122’ southeast from the intersection of WardStreet and Pecos Street. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’ section out of theabutting Lots of 15 and 13, Dawson-Eddiemann subdivision), in central San Angelo, changing the zoningclassification from Two-Family Residence (RS-2) to Office Commercial (CO) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYMotion, to approve the Consent Agenda, as presented, was made by Councilmember Silvas and seconded byCouncilmember Adams. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTPRESENTATION OF DOWNTOWN SAN ANGELO 2ND QUARTERLY REPORTDSA Executive Director Genora Young and DSA Board President Brenda Gunter presented backgroundinformation. A copy of the presentation is part of the permanent supplemental minute record. Ms. Youngdistributed a revised financial report.General discussion was held on the commercial rent and lease rates noting the rates have slightly increased tocoincide with the increased purchase and leasing of various buildings in the downtown area; open containerprovision and related issues. Ms. Young suggested developing a consensus between all the business ownersand to present their recommendation to the Council. Council also suggested staff meet with the business ownersto educate the owners to better understand the legality of the ordinance in relation to the Texas AlcoholicBeverage Commission provisions.DISCUSSION AND AUTHORIZATION TO RENAME 50TH STREET AND ANY ACTION INCONNECTION THERETOCouncilmember Morrison requested the item and City Engineer Clinton Bailey presented backgroundinformation. A copy of the presentation is part of the permanent supplemental minute record.Mr. Bailey informed there is an application process, a public notice requirement to all the residences along thestreet, Planning Commission review and approval, a cost associated with the replacement of the signage, and hecommented on the impact of the name change to the surrounding residences.Discussion was held on the name of the street, the negative impact of changing the name, and centralizing thename recognition as opposed to a specific region of the city.Motion, to move forward with renaming 50th Street or find a location to name a street in recognition of theveterans within the City, was made by Councilmember Farmer and seconded Councilmember Alexander.Due to the nature of the motion and the relation to item as posted, Ms. Farmer rescind her motion.Motion, to direct staff to move forward with renaming 50th Street and providing discretion on the name, wasmade by Councilmember Adams and seconded by Councilmember Hirschfeld. AYE: New, Alexander,Morrison, Silvas, Adams, and Hirschfeld. NAY: Farmer. Motion carried 6-1.
  11. 11. Page 36 MinutesVol. 103 September 20, 2011RECESSAt 10:06 A.M., Mayor New called a recess.RECONVENEAt 10:15 A.M., Council reconvened, and the following business was transacted:APPROVAL OF A RECOMMEND CHANGE TO THE COMMUNITY & HOUSING SUPPORT HOUSINGGUIDELINES FOR CDBG AND HOME HOUSING PROGRAMSNeighborhood and Family Services Director Bob Salas presented background information. A copy of thepresentation is part of the permanent supplemental minute record.Motion, to approve, as presented, was made by Councilmember Adams and seconded by CouncilmemberHirschfeld.Discussion was held on selection criteria for the general contractors and that such provisions should beaddressed in the contract or other options to satisfy the needs of the project. Councilmember Hirschfeldwithdrew his motion and Councilmember Adams his second.Motion, to add recapture language to protect the city in foreclosure cases, was made by CouncilmemberHirschfeld and seconded by Councilmember Adams. Motion carried unanimously.AUTHORIZATION TO ALLOW PLACEMENT OF A FREESTANDING SIGN WITHIN PUBLIC RIGHT-OF-WAY AT 37 EAST HARRIS AVENUE (FIRST BAPTIST CHURCH), INCLUDING CONDITIONSAND AN INDEMNIFICATION CLAUSE TO THE PERMIT, AS ADDRESSED IN CHAPTER 12 SECTION12.617.1.E OF THE CITY OF SAN ANGELO’S CODE OF ORDINANCES, AND AUTHORIZATION FORTHE CITY MANAGER TO EXECUTE SAID PERMITCommunity and Economic Development Director Shawn Lewis presented background information. A copy ofthe presentation is part of the permanent supplemental minute record.Discussion was held on the legality of placing the sign within the right-of-way, granting the permit to installsuch signage, and the indemnification of the City’s responsibility via a contractual relationship, in this case thepermit.Motion, to add a condition to the permit with the understanding that said permit shall provide for completeindemnification of the City and ensure the sign does not approach beyond the planter area, and to authorize theCity Manager to execute said agreement, was made by Councilmember Hirschfeld and seconded byCouncilmember Morrison.Public comment was made by Proponent Basil Jordan.A vote was taken on the motion on the floor. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZINGABANDONMENT OF PUBLIC RIGHT-OF-WAY AROUND CITY HALL IN DOWNTOWN SANANGELO,AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWINGSTREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent toand south of West 2nd Street, beginning at the SE corner of the intersection of West 2nd & Farr Streets, andextending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza withWest 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segmentof West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extendingnorth from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of
  12. 12. Minutes Page 37September 20, 2011 Vol. 103Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of CityHall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street indowntown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTINGPROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT ANDCONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIMDEED TO THE ABUTTING PROPERTY OWNERSCommunity and Economic Development Director Shawn Lewis presented background information. A copy ofthe presentation is part of the permanent supplemental minute record.Discussion was held on the increased parking spaces due to the proposed changes.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams. Motion carried unanimously.AUTHORIZATION OF A REQUEST TO ALLOW AN ATTACHED SIGN LARGER THAN THEMAXIMUM 16 SQUARE FEET AS ALLOWED IN SECTION 12.604(B)(2)(C)(IV) OF SAN ANGELO’SSIGN ORDINANCE, TO PERMIT AN APPROXIMATELY 18 SQUARE FOOT ATTACHED SIGN TO BELOCATED AT 221 SOUTH CHADBOURNE STREETCommunity and Economic Development Director Shawn Lewis presented background information. A copy ofthe presentation is part of the Permanent Supplemental Minute Record.Motion, to authorize, as presented, was made by Councilmember Adams and seconded by CouncilmemberHirschfeld. Motion carried unanimously.SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE LEVYING PROPERTY TAXESFOR THE CITY OF SAN ANGELO FOR THE 2011 TAX YEAR: (ANNEX F, PAGE 53, ORDINANCE#2011-09-104)AN ORDINANCE LEVYING TAXES AND PROVIDING FOR THE ASSESSMENT AND COLLECTIONTHEREOF AND PROVIDING FOR EXEMPTIONS, IN AND FOR THE CITY OF SAN ANGELO, TEXAS,FOR THE 2011-2012 BUDGET YEARFinance Director Michael Dane presented background information.Motion, to adopt the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Adams. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING FIREDEPARTMENT STAFFING POSITIONSAN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OFORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED“CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b),ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TOCHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BYINCREASING THE NUMBER OF FIRE LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), ANDDECREASING THE NUMBER OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91),SAID CHANGE TO BE EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY,AND PROVIDING EFFECTIVE DATESFire Chief Brian Dunn presented background information.Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Hirschfeld. Motion carried unanimously.
  13. 13. Page 38 MinutesVol. 103 September 20, 2011DISCUSSION OF STORMWATER QUALITY DATA COLLECTED DURING AUGUST 13, 2011 STORMEVENTUpper Colorado River Authority Hydrologist Chuck Brown and City Engineer Clinton Bailey presentedbackground information. A copy of the presentation is part of the Permanent Supplemental Minute Record.Discussion was held on the monitoring locations throughout the City and collection measurements in relation toeffectiveness of the stormwater quality program.Public comment was made by Citizen Jim Ryan.RECESSAt 11:57 A.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:29 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 deliberate the purchase, exchange,lease, or value of real property; Section 551.071 to consult with attorney on a matter in which the duty of theattorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the StateBar of Texas clearly conflicts with this chapter; and Section 551.087 to discuss an offer of financial or otherincentive to a company or companies with whom the City of San Angelo is conducting economicdevelopment negotiations and which the City of San Angelo seeks to have, locate, stay or expand in SanAngelo.OPEN SESSION (continued)At 1:48 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:48 P.M., Mayor New called a recess.RECONVENEAt 1:54 P.M., Council reconvened, and the following business was transacted:DIRECTION TO STAFF TO MAKE THE RECOMMENDED CHANGES ON THE WATERCONSERVATION/DROUGHT CONTINGENCY PLAN OPTIONSWater Utilities Director Will Wilde presented background information. A copy of the report/presentation is partof the Permanent Supplemental Record.Extensive discussion was held and the following changes were recommended:General Provisions - Watering Frequency: Frequency based on “days landscape is watered” rather than “areabeing watered”Landscape watering allowance: Drought Level (DL) Water Conservation DL I DL II DL III Lawns, Shrubs & Trees Twice a week 2 times every 7 days Once every 2 weeks Not allowed Greens Daily Daily Daily Not allowed Tees Twice a week Twice a week Once a week Not allowed Athletic Fields Twice a week Twice a week Once a week Not allowed
  14. 14. Minutes Page 39September 20, 2011 Vol. 103 Newly Planted Grass Daily for 28 days Daily for 28 days No Exemption Not allowed Newly Planted Trees or Daily for 28 days Daily for 28 days No Exemption Not allowed ShrubsSurcharge Table: Residential Surcharge Rate Water Conservation DL I DL II DL III $1.50 40,000 $2.50 50,000 $5.00 60,000 $2.00 25,000 $3.50 35,000 $6.00 45,000 $3.50 10,000 $5.00 15,000 $8.00 20,000 $6.00 10,000Commercial Charges: Schools, colleges, parks, cemeteries, golf courses and athletic fields are exempt fromsurcharges under Water Conservation and Drought Level I; but not Drought Level IIGeneral discussion was held on providing a financial analysis determining the impact of the changes to thebudget and water line items, providing a provision within the ordinance for large entities to submit theirwatering plans; and adding a penalty clause for anyone that violates the “trigger point” for the highest surchargelevel.Public comment was made by Citizen David Lewis.RECESSAt 3:01 P.M., Mayor New called a recess.RECONVENEAt 3:11 P.M., Council reconvened, and the following business was transacted:APPROVAL TO CONSOLIDATE THE PARK COMMISSION AND RECREATION BOARD; THEHISTORIC PRESERVATION (HP) AND RIVER CORRIDOR COMMISSION (RCC); AND TOESTABLISH THE NEWLY CREATED HP/RCC BOARD AS A SUBCOMMITTEE OF THE PLANNINGCOMMISSIONPARKS & RECREATIONCity Manager Harold Dominguez and Parks and Recreation Director Carl White presented backgroundinformation. Mr. Dominguez explained an ordinance authorizing the consolidations will be required.Motion, to authorize consolidation the Park Commission & Recreation boards, as presented, was made byCouncilmember Farmer and seconded by Councilmember Adams. Motion carried unanimously.COMMUNITY & ECONOMIC DEVELOPMENTCity Manager Harold Dominguez and Community and Economic Development Director Shawn Lewispresented background information.
  15. 15. Page 40 MinutesVol. 103 September 20, 2011General discussion was held on the oversight of the Downtown Development Commission boundaries andfurther consolidating the Historic Preservation and River Corridor boards with Planning Commission.Motion, to consolidate River Corridor and Historic Preservation Commissions into one board and furtherauthorize the newly created board as a subcommittee of Planning Commission, was made by CouncilmemberHirschfeld and Councilmember Farmer. Motion carried unanimously.TABLING OF THE ADOPTION A RESOLUTION DESIGNATING POLLING PLACES WITHIN THEELECTION PRECINCTS WITHIN THE CITY OF SAN ANGELO, TEXAS FOR ELECTIONS ORDERED;PROVIDING FOR PRE-CLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDINGFOR AN EFFECTIVE DATECity Clerk Alicia Ramirez presented background information. A copy of the report/presentation is part of thePermanent Supplemental Record.Public comments were made by citizens Jim Ryan and Jim Turner.Discussion was held on the term lengths and other options available. Council determined consideration shouldbe given to the two year unstaggered term option.Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Morrison.Motion carried unanimously.Mayor suggested staff present information regarding unstaggered terms at a future meeting.POSTPONEMENT ON THE DISCUSSION AND POSSIBLE ACTION REGARDING EMPLOYEEALTERNATE WORK SCHEDULEMayor New suggested postponing the item. Council concurred.PRESENTATION AND DISCUSSION ON THE FORMAT OF THE WATER UTILITY STATEMENT ANDANY ACTION IN CONNECTION THERETOWater Utilities Director Will Wilde presented background information. A copy of the presentation is part of thePermanent Supplemental Record.General discussion was held on the options presented and by consensus, Council agreed Option #2 to be thebetter of the two options. Council also suggested staff include the water/sewer capital improvement contributionrates and, for those customers that reach the “trigger points”, the overage surcharge data information.Councilmember Farmer suggested Water Utility staff should be prepared to explain and educate the customerson the details of the statement.Public comments were made by Citizens Jim Ryan and David Lewis.POSTPONEMENT OF DESIGNATING A MARKER NAME, TO WIT: HUGHES POINT, AT LAKENASWORTHY AT THE END OF CAMPER ROADMayor New suggested postponing the item. Council concurred.POSTPONEMENT OF DISCUSSION AND CONSIDERATION OF OFFERING FINANCIAL,TECHNICAL, AND RELATED (PERSONNEL, AND EQUIPMENT) ASSISTANCE TO RURAL FIREDEPARTMENTSMayor New suggested postponing the item. Council concurred.DISCUSSION OF COUNCIL POLICY AND PROCEDURE FOR MEETINGSCouncilmember Morrison requested the item and commented on conducting City Council meetings in theevening.
  16. 16. Minutes Page 41September 20, 2011 Vol. 103Public comments were made by Citizens Barbara Pratt, Jim Ryan, and Jim Turner.General discussion was held on selecting a date for an evening meeting, what constitutes and who determines a“hot button” item, considering items affecting the entire city at the evening meetings, and holding townhall/special meetings. In conclusion, Council suggested further consideration will be made should City Councilmembers receive additional requests by their constituents. City Manager Harold Dominguez stated at therequest of the City Council member or the public, that he and staff will schedule public meetings separate andapart from the City Council meetings. He commented on the Charter requirement to hold such meetings for theCapital Improvement Plan.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 October 4, 2011 Agenda and solicited Councilcomments and suggestions.ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Morrison. Motioncarried unanimously.The meeting adjourned at 5:32 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-FIn 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 recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  17. 17. Page 42 MinutesVol. 103 September 20, 2011 THIS PAGE INTENTIONALLY LEFT BLANK.
  18. 18. City of San AngeloMemo Date: September 21, 2011 To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for October 4, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding bid VM-07-11 for one Backhoe-Loader, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested bids for one backhoe-loader for the Water Reclamation Department. Solicitations were sent to and received from Cisco Equipment – San Angelo, TX, ASCO Equipment – San Angelo, TX, Warren Caterpillar – San Angelo, TX, and Yellowhouse Equipment – San Angelo, TX. History: Bids were requested for replacing current equipment that are past its useful operational life. If awarded, the pricing may be used for this and subsequent purchases for a period of one (1) year from the date of award. Vendor selection is based on the financial impact; the completeness of the quote; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead- time and availability, compliance with specifications, best overall value for the City, etc. Financial Impact: The purchase will consist of one (1) unit for $66,250.00 from Yellowhouse Equipment. The budget account for this transaction will be 270-5400-800-0741. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid in its entirety to Yellowhouse Equipment. Attachments: Bid Tabulation VM-07-11 Reviewed by: Ricky Dickson, Director – OperationsX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-07-11 - Backhoe-Loader.doc
  19. 19. CITY OF SAN ANGELO BID TABULATION * RFB NO: VM-07-11/Backhoe-Loader * September 14, 2011 WarrenCat Cisco Equipment Yellowhouse Machinery ASCO Extended Extended Extended Extended QTY Item Description Unit Price Price Unit Price Price Unit Price Price Unit Price Price 1 New and Unused Backhoe-Loader 1 No Bid No Bid $ 64,940.00 $ 64,940.00 $ 66,250.00 $ 66,250.00 $ 61,994.00 $ 61,994.00 2 AM/FM Radio 1 $ - $ 395.00 $ 395.00 included $ 135.00 $ 135.00 3 Auxiliary Hydraulics 1 $ - $ 2,950.00 $ 2,950.00 included $ 1,925.00 $ 1,925.00 4 Extended Warranty 1 $ - $ 3,567.00 $ 3,567.00 included see attached 5 Parts, Service, and Operator Manuals 1 $ - no charge included $ 1,475.00 $ 1,475.00 Total Bid No Bid $ 71,852.00 $ 66,250.00 $ 65,529.00 NO BID- Did not submit bid sheet with package.Y:11-RFXVehicle MaintenanceVM-07-11 Backhoe LoaderVM-07-11 BID TAB/Bid Tab
  20. 20. City of San AngeloMemo Date: September 21, 2011 To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for October 4, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding bid VM-09-11- Light Duty Vehicles, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested formal bids for Light Duty Vehicles from Jim Bass Ford – San Angelo, TX, Philpott Motors – Nederland, TX, All American Autoplex – San Angelo, TX, All American Chevrolet – San Angelo, TX, Baby Jack II Automotive – Caldwell, TX, Dallas Dodge – Austin, TX, Sam Pack’s Five Star Ford – Carrolton, TX, Allen Samuels Chrysler Dodge Jeep – Waco, TX, Hall Buick Pontiac GMC – Tyler, TX, Mac Haik Ford – Georgetown, TX, Mitchell Toyota Kia – San Angelo, TX, and Reliable Chevrolet – Richardson, TX. Bids were received from Jim Bass Ford and Caldwell Country Chevrolet Ford. History: Bids were requested for ¼ ton through 1.5 ton pickups and SUVs for the purpose of replacing current units that are past their useful operational life and expansion of fleet. Formal bids are requested from vendors listed on the Purchasing Master Data Base, and are advertised in local media for the purpose of acquiring light duty vehicles for a one year term of the bid. A vendor and their submitted pricing is approved and used as the basis for ordering vehicles throughout the term year. Awards are given based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Financial Impact: The City recommends awarding the bid to both Jim Bass Ford and Caldwell Country Chevrolet Ford as indicated on the bid tab for the acquisition of light duty vehicles. Purchases will encompass approximately $200,000 from various capital accounts within the General Fund, Water Fund, Storm Water Fund, and Airport Fund. This bid will be used for this purchase and the prices submitted will be used for all subsequent purchases. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid and subsequent light duty vehicle purchases to Jim Bass Ford (San Angelo, TX) and Caldwell Country Chevrolet Ford (Caldwell, TX) as assigned on Bid Tabulation VM-09-11. Attachments: Bid Tabulation VM-09-11 Reviewed by: Ricky Dickson, Director – OperationsC:Documents and Settingsalicia.ramirezLocal SettingsTemporary Internet FilesContent.Outlook25DHVA3YBackground MemoVM-09-11 - Light Duty Vehicles.doc
  21. 21. City of San AngeloMemo Date: September 21, 2011 To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for October 4, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding bid VM-09-11- Light Duty Vehicles, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested formal bids for Light Duty Vehicles from Jim Bass Ford – San Angelo, TX, Philpott Motors – Nederland, TX, All American Autoplex – San Angelo, TX, All American Chevrolet – San Angelo, TX, Baby Jack II Automotive – Caldwell, TX, Dallas Dodge – Austin, TX, Sam Pack’s Five Star Ford – Carrolton, TX, Allen Samuels Chrysler Dodge Jeep – Waco, TX, Hall Buick Pontiac GMC – Tyler, TX, Mac Haik Ford – Georgetown, TX, Mitchell Toyota Kia – San Angelo, TX, and Reliable Chevrolet – Richardson, TX. Bids were received from Jim Bass Ford and Caldwell Country Chevrolet Ford. History: Bids were requested for ¼ ton through 1.5 ton pickups and SUVs for the purpose of replacing current units that are past their useful operational life and expansion of fleet. Formal bids are requested from vendors listed on the Purchasing Master Data Base, and are advertised in local media for the purpose of acquiring light duty vehicles for a one year term of the bid. A vendor and their submitted pricing is approved and used as the basis for ordering vehicles throughout the term year. Awards are given based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Financial Impact: The City recommends awarding the bid to both Jim Bass Ford and Caldwell Country Chevrolet Ford as indicated on the bid tab for the acquisition of light duty vehicles. Purchases will encompass approximately $200,000 from various capital accounts within the General Fund, Water Fund, Storm Water Fund, and Airport Fund. This bid will be used for this purchase and the prices submitted will be used for all subsequent purchases. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid and subsequent light duty vehicle purchases to Jim Bass Ford (San Angelo, TX) and Caldwell Country Chevrolet Ford (Caldwell, TX) as assigned on Bid Tabulation VM-09-11. Attachments: Bid Tabulation VM-09-11 Reviewed by: Ricky Dickson, Director – OperationsC:Documents and Settingsalicia.ramirezLocal SettingsTemporary Internet FilesContent.Outlook25DHVA3YBackground MemoVM-09-11 - Light Duty Vehicles.doc
  22. 22. C I T Y   O F   S A N   A N G E L O  BID TABULATION * RFB NO: VM‐09‐11/Light Duty Vehicles * September 8, 2011 Vendor Caldwell Country Chevrolet Ford Jim Bass Ford Est Qty Total Bid Delivery Days Est Qty Total Bid Delivery Days1/4 Ton Regular Cab 1 $              21,740.00 90 NO BIDMake and Model Quoted 2012 Chevrolet Colorado1/4 Ton Extended Cab 1 $              21,699.00 90 NO BIDMake and Model Quoted 2012 Chevrolet Colorado1/2 Ton Regular Cab 1 $              22,818.00 90 1 $              24,965.00 60Make and Model Quoted 2012 Chevrolet Silverado 1500 2012 Ford F1501/2 Ton Extended Cab 1 $              24,991.00 90 1 $              27,277.00Make and Model Quoted 2012 Chevrolet Silverado 1500 2012 Ford F1501/2 Ton Crew Cab 1 $              28,030.00 90 1 $              30,469.00 60Make and Model Quoted 2012 Chevrolet Silverado 1500 2012 Ford F1503/4 Ton Regular Cab 1 $              25,089.00 90 1 $              24,408.00 60Make and Model Quoted 2012 Chevrolet 2500HD 2012 Ford F2503/4 Ton Extended Cab Ton Extended Cab 1 $            26,712.00 90 1 $              ,346.00 26 60Make and Model Quoted 2012 Chevrolet 2500HD 2012 Ford F2503/4 Ton Crew Cab 1 $              27,634.00 90 1 $              27,620.00 60Make and Model Quoted 2012 Chevrolet 2500HD 2012 Ford F2501 Ton DRW Regular Cab 1 $              26,931.00 90 1 $              26,651.00 60Make and Model Quoted 2012 Chevrolet 3500HD F350 Chassis DRW1 Ton DRW Extended Cab 1 $              28,482.00 90 1 $              28,635.00 60Make and Model Quoted 2012 Chevrolet 3500HD F350 Chassis DRW1 Ton DRW Crew Cab 1 $              30,208.00 90 1 $              29,620.00 60Make and Model Quoted 2012 Chevrolet 3500HD 2012 F350 Chassis DRW1.5 Ton DRW Regular Cab 1 $              47,325.00 90‐120 1 $              32,978.00 60Make and Model Quoted 2012 Ford F450 2012 F450 Chassis DRW1.5 Ton DRW Extended Cab 1 $              49,793.00 90‐120 1 $              34,949.00 60Make and Model Quoted 2012 Ford F450 Supercab X4 2012 F450 Chassis DRW
  23. 23. 1.5 Ton DRW Crew Cab 1 $              50,920.00 90‐120 1 $              36,274.00 60Make and Model Quoted 2012 Ford F450 Crew 2012 F450 Chassis DRW1/4 Ton Utility Vehicle 1 $              20,732.00 90 1 $              19,586.00 60Make and Model Quoted 2012 Ford Escape XLS 2012 Ford Escape1/2 Ton Utility Vehicle 1 $              25,622.00 90 1 $              24,478.00 60Make and Model Quoted 2012 Ford Explorer XL K7B 2012 Ford Explorer3/4 Ton Utility Vehicle 1 $              39,760.00 90 1 $              27,757.00 60Make and Model Quoted 2012 Chevrolet 2500 Suburban 2012 Ford Expedition1 Ton Passenger Van 1 $              24,212.00 90‐120 1 $              24,902.00 60Make and Model Quoted 2012 Chevrolet 3500 Express Pass Van 2012 Ford E350 WagonRequests for Bids Mailed To:All American Autoplex San Angelo TXAll American Chevrolet San Angelo TXAllen Samuels Chrysler/Dodge/Jee Waco TXBaby Jack II Automotive LTD Caldwell TXDallas Dodge Austin TXHall Buick, Pontiac, GMC Tyler TXJim Bass Ford San Angelo TXMac Haik Ford Georgetown TXMitchell Toyota Kia San Angelo TXPhilpott Motors LTD Nederland Nederland TXReliable Chevrolet Richardson TXSam Packs Five Star Ford Carrolton TX
  24. 24. C I T Y   O F   S A N   A N G E L O BID TABULATION * RFB NO: VM‐11‐11/Mowing Equipment * September 16, 2011 Cisco Equipment Porter Henderson Austin Turf  Extended  Extended  QTYItem Description Unit Price Extended Price Unit Price Price Unit Price Price 1 New and Unused Tractor 1 $       42,314.00 $       42,314.00 No Bid No Bid 2 New and Unused Batwing Rotary Cutter 1 $       14,737.00 $       14,737.00 No Bid No Bid 3 New and Unused 3‐Point Rotary Cutter 1 $         5,938.00 $         5,938.00 No Bid No Bid Total Bid $        62,989.00 $                ‐   $              ‐ Bids Requested From: Cisco Equipment San Angelo, TX Porter Henderson San Angelo, TX Austin Turf and Tractor Marble Falls, TX
  25. 25. City of San AngeloMemo Date: September 21, 2011 To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for October 4, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding bid VM-11-11 for Mowing Equipment, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested formal bids for mowing equipment including tractors, 6’ shredders, and 15’ batwing shredders from Cisco Equipment – San Angelo, TX, Austin Turf and Tractor – Marble Falls, TX, and Porter Henderson Implement Co. – San Angelo, TX. Requests for Bid were also advertised in local media. Bids were received from Cisco Equipment. History: Bids were requested for replacing current equipment that are past their useful operational life. Formal bids were requested from vendors listed on the Purchasing Master Data Base, advertised in local media and the internet. If awarded, the bid may be used for this and subsequent purchases for a period of one year from the date of award Vendor selection is based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Financial Impact: The City recommends awarding the bid in its entirety to Cisco Equipment. The purchase will consist of one (1) tractor and one (1) batwing rotary cutter, for a total amount expensed of $57,051.00. The budget account for this transaction will be 260-4400-800-0741. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid in its entirety to Cisco Equipment. Attachments: Bid Tabulation VM-11-11 Reviewed by: Will Wilde, Director – WaterX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-11-11 - MowingEquipment.doc
  26. 26. C I T Y   O F   S A N   A N G E L O BID TABULATION * RFB NO: VM‐11‐11/Mowing Equipment * September 16, 2011 Cisco Equipment Porter Henderson Austin Turf  Extended  Extended  QTYItem Description Unit Price Extended Price Unit Price Price Unit Price Price 1 New and Unused Tractor 1 $       42,314.00 $       42,314.00 No Bid No Bid 2 New and Unused Batwing Rotary Cutter 1 $       14,737.00 $       14,737.00 No Bid No Bid 3 New and Unused 3‐Point Rotary Cutter 1 $         5,938.00 $         5,938.00 No Bid No Bid Total Bid $        62,989.00 $                ‐   $              ‐ Bids Requested From: Cisco Equipment San Angelo, TX Porter Henderson San Angelo, TX Austin Turf and Tractor Marble Falls, TX
  27. 27. City of San AngeloMemo Date: September 21, 2011 To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for October 4, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding HGAC quote VM-17-11 for Street Sweepers, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested quotes for one Regenerative Air Street Sweeper for the Storm Water Department. Tymco, Inc. responded through the State approved purchasing co-op HGAC. History: Quotes were requested for an additional unit to help meet the requirement of the Federal Storm Water Mandates implemented in 2008. If awarded, the bid may be used for this and subsequent purchases for a period of 1 year from the date of award. Vendor selection is based on the financial impact of the quote; the completeness of the quote; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, compliance with specifications, best overall value for the City, etc. Financial Impact: The City recommends awarding the quote to Tymco for the acquisition of one street sweeper for a total amount expensed of $195,170.00 through the Houston-Galveston purchasing co-op. The budget account for this transaction will be 240-5800-800-0741. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the quote in its entirety to Tymco. Attachments: None Reviewed by: Ricky Dickson, Director – OperationsX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-17-11 - Street Sweepers.doc
  28. 28. CITY OF SAN ANGELO BID TABULATION * RFB NO: WU‐13‐11/ 2011 Trench Repair* September 22, 2011 Vendor Total Bid Bid BondCM Construction $         1,029,878.18 YDarnell & Dickson $         1,128,329.58 YHousley Communications $         1,107,693.53 YRequests for Bid were mailed to:4 K Construction San Angelo TXAngelo Underground Utilities &Construction San Angelo TXCAS Construction Co. Wimberly TXCM Construction Mertzon TXCrushed Stone & Ashalt or CSA San Angelo TXDarnell & Dickson San Angelo TXGoode Construction San Angelo TXHousley Communication Inc San Angelo TXJ & N Utilities Abilene TXJames Walters Carlsbad TXJENCO San Angelo TXJeranimo Landeros Buffalo Gap TXJoe Moore Pipeline Abilene TXPrice Construction Big Spring TXReece Albert San Angelo TXRoberts Construction San Angelo TXS.W. Sdidel Construction Christoval TXSanborn Asphalt Specialities San Angelo TXSeidel Inc San Angelo TXSR Baxter Construction, LLC Wall TXStatewide Construction San Angelo TXTexas Water & Soil San Angelo TXMr. Daniel Cardenas San Angelo TXTC Trucking and Construction San Angelo TX
  29. 29. CONTRACT FOR 2011 UTILITY TRENCH REPAIR This Contract is entered into this ___ day of ____________, 2011 in Tom Green County,Texas by and between Jerry M. Peters and Carlos Macias D/B/A CM CONSTRUCTION CO.,hereinafter called “Contractor”, and the CITY OF SAN ANGELO, Texas, a Texas home-rulemunicipal corporation, hereinafter called “City”. The parties agree as follows: RECITALS A. The City of San Angelo Water Utilities Department is responsible for carrying outthe City of San Angelo’s regular utility line repair and replacement program at various locationsthroughout the city. B. City has issued a Request for Bid for Water Utilities Trench Repair 2011 No.WU-13-11 (“RFB No. WU-13-11”) to perform repair of asphalt cuts resulting from work onwater and wastewater systems (“Work”); and Contractor’s bid, in response thereto, has beenselected as the most qualified proposal for the provision of the Work. C. The Council of the City of San Angelo approved the selection of Contractor on________________, 2011, and authorized the City Manager to negotiate and execute a contract,under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereincontained, City and Contractor agree as follows:
  30. 30. 1. STATEMENT OF WORKA. Description of Work. Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein and complete all the Work as specified or indicated in the Contract Documents incorporated herein by reference in Section 3 of this Contract. Contractor shall be responsible for the following: 1) Completion of the Work described in RFB No WU-13-11 2011 Utility Trench Repair Contract. Contractor shall furnish all material, accessories, labor, and equipment necessary for completing the repair of utility trenches and, all other work specified in the technical specification documents and drawings included with the Contract Documents incorporated herein by reference in Section 3 of this Contract and in accordance with the terms and conditions set forth herein and within those Contract Documents; 2) The description of the work to be completed shall hereinafter be referred to as the “Work.”B. Time of Performance. Contractor agrees to perform the directed Work throughout the term beginning November 1, 2011 and ending February 28, 2013 (“Contract Time”) after the date the Work commences as established by the Notice to Proceed. Contractor further agrees that approval for beginning Work on the project will not be awarded and that Work will not start until all required bonds and insurance certificates specified in the bid documents have been received and approved by the City.C. Liquidated Damages. City and Contractor recognize that timely completion of this project is necessary to prevent delays in street reconstruction project(s) and to minimize 2
  31. 31. project impact to the public and the time of performance is of the essence in this Contract and that City will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 1.2 above, plus any extensions thereof allowed. Both parties hereto also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, City and Contractor agree that a reasonable estimate of liquidated damages for any delay (but not as a penalty) would be for Contractor to pay City Fifty Dollars ($50.00) per delinquent permit for each calendar day that expires after the time specified in paragraph 1.2 until the Work is substantially complete. Therefore, Contractor shall pay as liquidated damages Fifty Dollars ($50.00) per delinquent permit for each calendar day that expires after the time specified in paragraph 1.2 until the Work is substantially complete.D. Contract Price. City shall pay to Contractor for performance of the Work embraced in this Contract, and Contractor shall accept as full compensation therefore, the Bid Price of One Million Twenty Nine Thousand Eight Hundred Seventy Eight and 18/100 Dollars ($1,029,878.18) subject to adjustment only as provided by approved change order, for all Work covered by and included in the contract award; payment thereof to be made in current funds in the manner provided in paragraph 2 below. 2. PAYMENT PROCEDURESA. Contractor shall submit Applications for Payment in accordance with the General Conditions as shown in RFB No. WU-13-11 and City shall process the Applications for Payment in accordance with the General Conditions, except that progress payments and 3
  32. 32. the final payment under this Contract shall be made as set as follows: 1) Payments. City shall make 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 All payments be based upon the completed portions of requested Work and as further provided for in 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 amount provided for in the Contract Documents. 3. CONTRACT DOCUMENTSThe following documents from the City of San Angelo are incorporated herein by reference forall purposes, as if fully set out verbatim: Request for Bid for the 2011 Utility Trench Repair Contract No. WU-13-11 (“RFB No. WU - 13 - 11”) All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation number as of the time this Contract is entered by Contractor and City. 4. CONTRACTOR’S REPRESENTATIONSA. In order to induce City to enter into this Contract, Contractor makes the following representations to City: 4
  33. 33. 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. 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. 5. INDEMNIFICATIONA. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE IN WHOLE OR IN PART TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS 5
  34. 34. AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE EITHER PARTY TO THIS CONTRACT TO INDEMNIFY, DEFEND, OR HOLD HARMLESS THE OTHER FOR THE PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.B. ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF CONTRACTOR’S HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR RESUSE BY ANY PERSON UNDER CONTRACTOR’S DIRECTION OR CONTROL OF WASTE COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TO INDEMINFY, DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE 6
  35. 35. AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KINDC. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS CONTRACT.D. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR.E. APPLICATION TO SURROUNDING PROPERTY, THE INDEMNIFICATION PROVISIONS OF THIS CONTRACT EXTEND TO CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREAS WHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OF THIS CONTRACT OR PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED, 7
  36. 36. MANAGED OR MONITORED. 6. INSURANCEA. GENERAL CONDITIONS. The following conditions shall apply to all insurance policies obtained by Contractor for the purpose of complying with this Contract. 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 Contract, 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 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, Contractor and insurance company shall immediately provide written notice to City’s Risk Manager upon 8
  37. 37. receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. 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 76903. 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 Contract. 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 Subcontractor and Sub-Sub- Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Subcontractors and Sub- subcontractors to furnish copies of certificates of insurance to City’s Risk Manager evidencing coverage for each Subcontractor and Sub-subcontractor.B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Contractor shall obtain and continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense, insurance coverage as follows with limits not less than those set forth below: 1) Commercial General Liability. This policy shall be 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 9
  38. 38. 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 the paragraph of this Contract 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 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 limits shall not be less than: $1,000,000.00 Combined Single Limit3) Workers Compensation and Employer’s Liability. If Contractor hires any employees, 10
  39. 39. 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 Contract. 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. 7. GENERAL PROVISIONSA. Independent Contractor. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of 11

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