NOTICE OF A PUBLIC MEETING                             AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL                 ...
4. Consideration of awarding RFP FD-05-12 Vehicle Repairs to Siddons-Martin Emergency Group in the            amount up to...
15. Second Hearing and consideration of adopting Ordinances amending the Code related to Animal             Control and fe...
M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy             Manufacturing (MH) ...
22. First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new             projects, inco...
PROCLAMATIONWHEREAS, The mission of public schools is to meet the diverse educational needs of all children         and to...
CITY COUNCIL MINUTE RECORDThe City of San Angelo                                                                          ...
Page 180                                                                                           MinutesVol. 104        ...
Minutes                                                                                                Page 181January 8, ...
Page 182                                                                                                 MinutesVol. 104  ...
Minutes                                                                                            Page 183January 8, 2013...
Page 184                                                                                                 MinutesVol. 104  ...
Minutes                                                                                               Page 185January 8, 2...
Page 186                                                                                              MinutesVol. 104     ...
City of San Angelo                                                         Water UtilitiesMemo Date:          January 3, 2...
City of San Angelo               RFB WU-17-12 / Liquid Ferrous Chloride               Bid Opening 12/21/2012 @ 2:pm       ...
City of San AngeloMemo Date:                 January 15, 2013 To:                   Mayor and Councilmembers From:        ...
CITY OF SAN ANGELO                   BID TABULATION * RFB NO: WU-16-12/Radium Removal System                   January 15,...
DOCUMENT 00_52_00                                                                       AGREEMENT                         ...
C.           On _______________, 2013, the City Council of the City of San Angelo, approved                   the selectio...
(2) Within thirty (30) calendar days of receipt of the Notice to Proceed from City,                   Supplier shall submi...
sums due City, including payment of permit fees, occupational licenses, etc., nor in theperformance of any obligations to ...
Supplier’s performance under this Agreement will adversely impact City and the ability ofGeneral Contractor to timely perf...
B.           Supplier has made, or caused to be made, examinations and investigations ofinformation as it deems necessary ...
Agreement. Supplier agrees to maintain all such books and records at its principal place ofbusiness for a period of three ...
laws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Supp...
Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation,condition, or requirement, ...
15.          RESOLUTION OF CONTRACT DISPUTES:                                                           Supplier understan...
to pay any amounts to Supplier and Supplier shall reimburse to City all amounts received whileSupplier was in default unde...
agrees that insurance for each employee of Supplier and each sub-supplier providing Servicesrelated to this Agreement shal...
EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLYDURING THE TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY...
that all applicable requirements have been satisfied. The certificates shall provide that             any company issuing ...
contractual liability assumed by Supplier under the paragraph of this Agreement entitled             “Indemnification,” in...
4)           Professional Liability. This insurance shall include contractual liability in             its coverage, and t...
Attn: Kevin Krueger                     Attn: Ron Dollar__________________.             72 West College Avenue            ...
Documents, then the conflict or inconsistency will be resolved first by reference to the terms ofthis Agreement, then to t...
provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessaryin order to conform with su...
local laws, rules and regulations as of the effective date herein, and to any and all requirements,whether federal, state ...
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January 22, 2013 Agenda Packet

  1. 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, January 22, 2013 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 7:00 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 “School Board Recognition Month”, January 2013, to be accepted by Lanny Layman, Board President, San Angelo Independent School District D. Recognition Brian Groves, City of San Angelo Employee, for outstanding service and excellent work as the City’s Multimedia Coordinator E. 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 January 8, 2013 City Council Regular meeting minutes 2. Consideration of awarding bid WU-17-12 for Liquid Ferrous Chloride to Kemira Water Solutions, Inc. (Mattesson, IL), in the amount of $85,120.00 and authorizing the City Manager to execute the related documents (submitted by Interim Water Utilities Director Ricky Dickson) 3. Consideration of awarding RFP WU-16-12 Hickory Water Supply Project, Radium Removal System to Water Remediation Technology, LLC in the amount of $150,000.00 for the design of the radium removal equipment and authorizing City Manager to execute a service agreement in substantially the attached form between the City of San Angelo and Water Remediation Technology, LLC for maintenance and disposal of spent resinCity Council Agenda Page 1 of 5 January 22, 2013
  2. 2. 4. Consideration of awarding RFP FD-05-12 Vehicle Repairs to Siddons-Martin Emergency Group in the amount up to $114,743.00 and authorizing the City Manager to execute a service contract in substantially the attached form between the City of San Angelo and Siddons-Martin Emergency Group for the repair and maintenance of our Fire apparatus and Ambulance Fleet (submitted by Assistant Fire Chief Scott Farris) 5. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax-Resale (quitclaim) Deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment(s) located at 117 E 43rd Street, (Gonzalez), Lot 5, Block 19, Fair Park Addition, $1,500.00, Suit No. D-08-0023-T (submitted by Real Estate Administrator Cindy Preas) 6. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax-Resale (quitclaim) Deed for the purpose of Urban Redevelopment, conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment(s) located at 1814 Ellis Street, (Logan), Lot 5, Block 6, Kenley Addition, $750.00, B-06-0131-T (submitted by Real Estate Administrator Cindy Preas) 7. Consideration of authorizing the City Manager to execute amendment No. 1 to Task Order No. 18, and all related documents, between the City of San Angelo and KSA Engineers for architectural/engineering services associated with the Airport Layout Plan (ALP) update in the amount of $72,404.00 at San Angelo Regional Airport (submitted by Airport Director Luis Elguezabal) 8. Consideration of adopting a Resolution approving the “SNAPS” city-wide photography contest as recommended by the Public Art Commission (“program”); directing and authorizing the Parks & Recreation Department to facilitate and coordinate the program; and, providing for the deposit of revenues into, and disbursements for necessary expenditures and awards from designated city accounts (submitted by Parks and Recreation Director Carl White) 9. Consideration of adopting a Resolution approving bylaws of the City of San Angelo, Texas, Design and Historic Review Commission; and, directing that said bylaws be filed with the City Clerk (submitted by Planning Manager AJ Fawver) 10. Consideration of accepting the annual report of Records Management Program and consideration of adopting a Resolution authorizing the Records Management Officer to continue implementation of the routine operational and procedural amendments to the Records Management Program (submitted by City Clerk Alicia Ramirez) 11. Consideration of adopting a Resolution granting a thirty foot five-inch (30’5”) variance from the required seventy-five foot (75’) rear set back line from the 1,872.2 foot elevation line as requested by leaseholder Bruce L. Hitt, for city-owned property located at 1814 Cove Road (submitted by Interim Water Utilities Director Ricky Dickson) 12. Consideration of adopting a Resolution authorizing the City Manager to execute an airport property lease and license agreement with Skyline Aviation, Inc. as tenant, of certain property located at 8926 Hangar Road, San Angelo Regional Airport – Mathis Field (submitted by Airport Director Luis Elguezabal) 13. Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Mental Health Unit (MHU) Services; making provision for city participation in the costs associated with the MHU not to exceed $77,278.00, for Fiscal Year 2012-2013; and finding a public purpose and benefit (submitted by Police Chief Tim Vasquez) 14. Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Crisis Intervention Unit (CIU) Services; making provision for city participation in the costs associated with the CIU not to exceed $26,132.00, for Fiscal Year 2012-2013; and finding a public purpose and benefit (submitted by Police Chief Tim Vasquez)City Council Agenda Page 2 of 5 January 22, 2013
  3. 3. 15. Second Hearing and consideration of adopting Ordinances amending the Code related to Animal Control and fees: (submitted by Health Services Director Sandra Villarreal) a. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY REPEALING THIS SECTION IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE 3.500, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE; b. AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL SERVICES FEES,” BY REPEALING SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES” IN ITS ENTIRETY, AND ADOPTING A NEW SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES,” ADDING A NEW SECTION 1.301 ENTITLED “MICRO-CHIP FEE,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE; c. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL REGISTRATION,” BY REPEALING SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” IN THEIR ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS; STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS BY INDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED ANIMAL RESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION FEES,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE 16. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Planning Manager AJ Fawver) Z 12-18: David Mazur & Z 12-19: COSA Planning 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: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 17. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Planning Manager AJ Fawver) Z 12-17: CSA Materials 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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard andCity Council Agenda Page 3 of 5 January 22, 2013
  4. 4. M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) 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 551.071 to consult with attorney on a matter of attorney/client privilege 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 JOINT MEETING BETWEEN CITY COUNCIL AND DEVELOPMENT CORPORATION (see special agenda for further information) 9:00 A.M. – 10:30 A.M. G. PUBLIC HEARING AND COMMENT 18. Presentation and discussion of the 96-gallon cart pilot program survey results conducted by Republic Services, and any action in connection thereto (Presentation by Interim Operations Director Shane Kelton and Robert Searls, Municipal Services Manager for Republic Services) 19. Consideration of adopting the 2012 San Angelo Cultural District Planning Study and any action related thereto (Presentation by Parks and Recreation Director Carl White and Howard Taylor, Director of the Museum of Fine Arts) 20. Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 8.995 acre tract extending northwest from Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sams Club Addition (Presentation by Planning Manager AJ Fawver) 21. First Public Hearing and consideration of an Ordinance annexing property within the San Angelo’s existing city limits and related matters: AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 20 ACRES LOCATED WEST/SOUTHWEST OF THE CITY AT ABOUT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAIL, ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY, OUT OF THE DEAF AND DUMB ASYLUMS LANDS SURVEY NO. 2, ABSTRACT NO. 8211; DESCRIBING THE TERRITORY ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR AMENDMENT OF THE OF THE BOUNDARIES AND OFFICIAL MAP OF THE CITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS OF SAID TERRITORY; DIRECTING THE FILING OF THE ORDINANCE IN THE MANNER REQUIRED BY LAW; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver)City Council Agenda Page 4 of 5 January 22, 2013
  5. 5. 22. First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, and grants AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS (Presentation by Budget Manager Morgan Trainer) 23. Consideration of approving a naming rights proposal for the San Angelo soccer complex from Ener-Tel and authorizing the Mayor and/or City Manager to execute the agreement with Ener-Tel and Citywise Marketing (Presentation by Public Information Officer Anthony Wilson) 24. Discussion of residential customer’s water consumption information (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 25. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 26. Announcements and consideration of Future Agenda Items Scheduling of Strategic Planning Meeting 27. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, January 16, 2013, at 5:00 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 January 22, 2013
  6. 6. PROCLAMATIONWHEREAS, The mission of public schools is to meet the diverse educational needs of all children and to empower them to become competent, productive contributors to a democratic society and an ever-changing world; andWHEREAS, Local school board members are committed to children and believe all children can be successful life-long learners and that the best education is tailored to the individual needs of each child; andWHEREAS, Local school board members work closely with parents, educational professionals, and other community members to create the educational vision we want for our students; andWHEREAS, Local school board members are responsible for ensuring the structure that provides a solid foundation for our school system; andWHEREAS, Local school board members are strong advocates for public education and are responsible for communicating the needs of the school district to the public and the public’s expectations to the district;NOW THEREFORE, I, Alvin New, Mayor of the City of San Angelo, on behalf of the City Council,do hereby declare our appreciation to the members of the San Angelo Independent School Boardand proclaim the month of January 2013, as “SCHOOL BOARD RECOGNITION MONTH”in San Angelo and urge all citizens to join us in recognizing the dedication and hard work of localschool board members and in working with them to mold an education system that meets the needsof both today’s and tomorrow’s children. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 22nd day of January, 2013. THE CITY OF SAN ANGELO ____________________________________ ALVIN NEW, MAYOR
  7. 7. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 179Tuesday, January 8, 2013 Vol. 104 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, January 8, 2013, 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, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Councilmember Morrison and pledge was led by Mayor New.PROCLAMATIONS AND RECOGNITIONSWestern Towers for receiving the Texas Workforce Commission Employer of Excellence Texas WorkforceCommission during the 16th Annual Texas Workforce Conference on November 29, 2012, was be received byCharles Anderson, owner of Western TowersPUBLIC COMMENTPublic comment was made by citizen Bill Murray regarding the designated classification zone of his propertyand how the property is represented on the Comprehensive Master Plan.CONSENT AGENDAAPPROVAL OF THE DECEMBER 18, 2012 CITY COUNCIL AND DOWNTOWN DEVELOPMENTCOMMISSION JOINT AND CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID WU-14-12 FOR WASTEWATER IRRIGATION PUMP TO XYLEM INCORPORATED /FLYGT PRODUCTS (CARROLTON, TX), IN THE AMOUNT OF $54,678.00, AND AUTHORIZING THECITY MANAGER TO EXECUTE ANY NECESSARY RELATED DOCUMENTS (SUBMITTED BYINTERIM WATER UTILITIES DIRECTOR RICKY DICKSON)AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CHANGE ORDER #1 UP TO $400,000.00BETWEEN THE CITY OF SAN ANGELO AND ARCHER WESTERN CONSTRUCTION, LLC ON THEHICKORY BOOSTER PUMP STATION PROJECT (WU-05-12) FOR BRUSH CLEARING REQUIREDFOR THE EXPANSION OF THE WELL FIELD (SUBMITTED BY INTERIM WATER UTILITIESDIRECTOR RICKY DICKSON)AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISEDVALUE AND AUTHORIZING THE MAYOR, CITY MANAGER, OR INTERIM WATER UTILITIESDIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OFSUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS:(SUBMITTED BY INTERIM WATER UTILITIES DIRECTOR RICKY DICKSON)3009 Red Bluff Circle, Lot 57, Group Red Bluff, $77,700.00 (Graves)
  8. 8. Page 180 MinutesVol. 104 January 8, 20132872 Red Bluff Road, Lot 34, Group Red Bluff, $88,200.00 (Reynolds)3257 Red Bluff West, Lot 112, Group Red Bluff,$78,800.00 (Hettinga)ADOPTION OF A RESOLUTION REQUESTING THE MEMBERS OF THE 83RD LEGISLATIVESESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FORTHE TEXAS RECREATION AND PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITYRECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXASSTATE PARK SYSTEM (SUBMITTED BY PARKS AND RECREATION DIRECTOR CARL WHITE)(PAGE 187, #2013-01-001)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE A NONEXCLUSIVE EASEMENT FOR ACCESS AGREEMENT ON BEHALF OF THE CITYAS GRANTOR, WITH CHARLES BECKER AND NANCY BECKER, GRANTEES, BEING THEOWNERS OF A CERTAIN LANDLOCKED PARCEL OF REAL PROPERTY LOCATED AT 2059CHRISTOVAL ROAD, FOR PURPOSES OF PERMITTING A RIGHT-OF-WAY OVER WHICHGRANTEES SHALL CONSTRUCT A ROAD FOR PEDESTRIAN AND VEHICULAR ACCESS TO ANDFROM CHRISTOVAL ROAD AND SAID LANDLOCKED PARCEL AND ADJACENT PROPERTYOWNED BY THE CITY, FOR JOINT USE OF THE PARTIES (SUBMITTED BY INTERIM WATERUTILITIES DIRECTOR RICKY DICKSON) (PAGE 189, #2013-01-002)SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGETFOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (SUBMITTED BY BUDGETMANAGER MORGAN TRAINER)AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTSMotion, to approve the Consent Agenda, as presented, with the exception of the Archer Western Constructionchange order, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carriedunanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTPUBLIC HEARING AND COMMENTAUTHORIZATION FOR staff to negotiate and THE CITY MANAGER TO EXECUTE a CHANGE ORDER#1 UP TO $400,000.00 BETWEEN THE CITY OF SAN ANGELO AND ARCHER WESTERNCONSTRUCTION, LLC ON THE HICKORY BOOSTER PUMP STATION PROJECT (WU-05-12) FORBRUSH CLEARING REQUIRED FOR THE EXPANSION OF THE WELL FIELDInterim Water Utilities Director Ricky Dickson presented background information.General discussion was held on the funding of the project provided as a loan by the Water Development Boardand whether such cost maybe reimbursed, the importance to proceed with the necessary brush clearing, thenegative impacts should the City not approve the change order,Motion, to authorize to proceed, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams.Further discussion was held on the planned projected use, the data regarding the amount of water available asprovided by hydrologist.A vote was taken on the motion on the floor. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-18: David Mazur & Z 12-19: COSA Planning
  9. 9. Minutes Page 181January 8, 2013 Vol. 104AN 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: Evenly addressed properties on the east side of the 300 block of NorthChadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2,Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from GeneralCommercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplement Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Hirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-17: CSA MaterialsAN 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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter HendersonDrive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, morespecifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2,Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail, changing thezoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplement Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Farmer. Motion carried unanimously.APPROVAL OF AN APPEAL OF PLANNING COMMISSIONS DECISION TO DENY CASE NUMBERCU 12-14, REQUESTING APPROVAL OF A CONDITIONAL USE TO ALLOW FOR “HOUSEHOLDLIVING” FOR AN AREA CURRENTLY ZONED GENERAL COMMERCIAL (CG), SPECIFICALLY ATAN UNADDRESSED TRACT OF LAND ON THE NORTHWEST CORNER OF KNICKERBOCKERROAD AND VALLEYVIEW BOULEVARD, MORE SPECIFICALLY OCCUPYING THE SOUTH HILLSADDITION, BLOCK 51, LOTS 3 THROUGH 10 IN SOUTH CENTRAL SAN ANGELOPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplement Record.General discussion was held on possible conditional uses and how much detail may be imposed as part of theapproval, possible detail to conform within the surroundings, pros and cons with the residential use designation,traffic concerns, quality of construction and conforming with the neighborhood, availability and possiblyauthorizing architectural restrictions,Public comments were made by Proponent Brad Morris, Home Builder Louis Blanek, Realtor Nancy Vincent,
  10. 10. Page 182 MinutesVol. 104 January 8, 2013Opponents Greg Keeling, Frieda Ingram, Mona Leggett, Bill Robbins, EJ Roberts, Jim Whitten, and ChrisZapata.Responding to questions by Councilmember Farmer, Mr. Morris stated his company will be the managers of thecommunity and Mr. Keeling agreed to consider a gated community. Planning Manager AJ Fawver informed ofthe complications of private street ownership.Councilmember Alexander suggested an RS-1 designation; implement architectural restrictionsMotion, to remand the item to the Planning Commission, allow specific restrictions and conditions, to includespecific architectural restrictions that conform with the vision of the proponents, builders, and nearby residentialowners, was made by Councilmember Alexander. Motion failed due to the lack of a second.Motion, to overturn the appeal of the Planning Commission subject to the conditions that the PlanningDepartment provide oversight of the construction and issues addressed ensuring conformance and compatibilityof the existing neighborhood, and allow the submittal of appeals to the City Council, was made byCouncilmember Farmer and seconded by Councilmember Hirschfeld.Ms. Fawver stated the legal requirements do not allow the case to be remanded to the commission, but Councilcan designate to another body, e.g. staff, department, or Planning Commission.Councilmember Hirschfeld must conform or visually compatible with surrounding neighborhood, therebyproviding flexibility to the builder and developer.A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Hirschfeld, and Farmer.NAY: Adams. Motion carried 6-1.RECESSAt 11:14 A.M., Mayor New called a recess.RECONVENEAt 11:30 A.M., Council reconvened, and the following business was transacted:PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATEDIMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 8.995ACRE TRACT EXTENDING NORTHWEST FROM MILLS PASS DRIVE, AND LOCATED EAST OFTHE COMMUNITY OF FAITH SUBDIVISION AND SOUTHWEST OF THE SAMS CLUB ADDITIONPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplement Record.Mayor New opened the floor to provide public comment for and against the annexation. No comments weremade. Mayor New closed the public comment period.PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATEDIMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 20.00ACRE TRACT LOCATED AT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S.HIGHWAY 67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAILPlanning Manager AJ Fawver presented background information. A copy of the report/presentation is part ofthe Permanent Supplemental Record.Mayor New opened the floor to provide public comment for and against the annexation. No comments weremade. Mayor New closed the public comment period.APPROVAL OF MATTERS RELATED TO REQUEST FOR PROPOSAL HR-01-12:
  11. 11. Minutes Page 183January 8, 2013 Vol. 104• DISCUSSION OF PROPOSALS SUBMITTED FOR REQUEST FOR PROPOSAL HR-01-12 FOR INDIVIDUAL AND AGGREGATE STOP LOSS INSURANCE• SELECTION OF AMWINS FIDELITY AS THE BENEFIT PROVIDER RELATED TO REQUEST FOR PROPOSAL HR-01-12, AUTHORIZING STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY RELATED DOCUMENTSHuman Resources Director Lisa Marley presented background information. A copy of the presentation is part ofthe Permanent Supplement Record.Motion, to approve and select AmWins, including changing terms and related increased cost, as presented, wasmade by Councilmember Adams and seconded by Councilmember Hirschfeld.General discussion was held on the extension of the terms and analyzing the costs and terms for future years.A vote was taken on the motion on the floor. Motion carried unanimously.POSTPONEMENT Of ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER OR HISDESIGNEE TO EXECUTE AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT WITHSKYLINE AVIATION, INC. AS TENANT, OF CERTAIN PROPERTY LOCATED AT 8926 HANGARROAD, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD AIRPORTMayor New informed the item has been tabled to a future meeting. Council concurred.ADOPTION OF A RESOLUTION TO EXECUTE A LEASE OF THE FOSTER COMMUNICATIONSCOLISEUM TO UNDERWATER FOOTBALL, LLC, D/B/A THE SAN ANGELO BANDITS, FORSCHEDULED INDOOR FOOTBALL GAMES FOR THE 2013, 2014, AND 2015 INDOOR FOOTBALLLEAGUE SEASONSCivic Events Manager Angelica Pena presented background information. A copy of the presentation is part ofthe Permanent Supplement Record.Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded byCouncilmember Hirschfeld.General discussion was held on the number of teams on the league, working with local youth groups,A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 12:04 P.M., Mayor New called a recess.RECONVENEAt P.M., Council reconvened, and the following business was transacted:EXECUTIVE/CLOSED SESSIONAt 12:28 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property; and, Section 551.087 to discuss an offer of financial or other incentive to a company orcompanies with whom the City of San Angelo is conducting economic development negotiations and which theCity of San Angelo seeks to have, locate, stay or expand in San AngeloOPEN SESSION (continued)
  12. 12. Page 184 MinutesVol. 104 January 8, 2013At 1:10 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:10 P.M., Mayor New called a recess.RECONVENEAt 1:19 P.M., Council reconvened, and the following business was transacted:AWARD OF BID VM-09-12 FOR POLICE PATROL VEHICLES, AND AUTHORIZING THE CITYMANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTSPolice Chief Tim Vasquez presented background information. A copy of the report/presentation is part of thePermanent Supplemental Record.General discussion was held on gas consumption, weight differential between the sedan and utility vehicle,number of vehicle replacements, expressed concerns on increased costs, and trial test for consideration of futurepurchase.Motion, to award, as presented, was made by Councilmember Adams and seconded by CouncilmemberAlexander.A vote was taken on the motion on the floor. AYE: Alexander, Morrison, Silvas, Adams, Hirschfeld, andFarmer. NAY: New. Motion carried 6-1.DISCUSSION OF RESIDENTIAL CUSTOMER’S WATER CONSUMPTION INFORMATIONAssistant City Manager Michael Dane presented background information. A copy of the presentation is part ofthe Permanent Supplement Record.General discussion was held on why the City billed on per 1,000 gallon methodology, under billing or roundingdown for the billing period versus actual usage, the effect on the sewage fee and any related cost for a particularmonth, empowering customers to manage their usage, and providing additional month reports with averagerainfall.Councilmember Silvas requested data for the summer months, specifically August.FAILURE OF THE DESIRABILITY FOR AN INDEPENDENT AUDIT AND INVESTIGATION OFWATER UTILITIES DEPARTMENT; DISCUSSION AND CONSIDERATION OF THE OBJECTIVES,SCOPE, AND PARAMETERS OF SUCH INDEPENDENT AUDIT AND INVESTIGATIONRequested by Councilmember Morrison, City Manager Daniel Valenzuela informed the issues are beingaddressed, leadership has changed, concerns are being researched and resolved, and staff is taking steps tocorrect any issues or discrepancies.Councilmember Morrison noted should this statement been made at the beginning of his request, readstatements into the record,He commended staff for assisting citizens with issues with their utility statements.Mr. Valenzuela requested citizens or petitioners contact the department directly in order to resolve their issues,staff is continuously catching anomaliesCouncilmember Morrison regarding water department and generated revenue; rebate process, balance of waterrebate, appropriation of revenue to the correct account, and where the revenues are expendedMr. Valenzuela stated issues have been acknowledged and requested staff be allowed the necessary time to
  13. 13. Minutes Page 185January 8, 2013 Vol. 104review the accounting of the various accounts, allowing the new management to address the concerns, and sucha request should be determined by management.General discussion was held on the circulated petition, the limited information to respond to the petitioners,providing the opportunity to staff to resolve the issues, current leadership of the department, implementedchanges,Direction to staff to authorize the Auditors to inspect the ledger assignments, specifically track the incomingfunding and ensuring the funds are allocated to the appropriate accounts, for this year and future audits. Alsorecommended City Manager and Interim Water Utilities Director Ricky Dickson present any findings toCouncil, specifically regarding the meters, meter reading, and any billings which are out of the norm.Motion, to hire an external investigator to investigate the Water Department and water billing procedure toinvestigate how the funds are being appropriated and ensuring the funds are being appropriated correctly, wasmade by Councilmember Morrison and seconded by Councilmember Alexander.Public comment was made by Citizen Jim Turner.A vote was taken on the motion on the floor. AYE: Alexander, Morrison, and Silvas. NAY: New, Adams,Hirschfeld, and Farmer. Motion failed 3-4.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSSetting a meeting, of no more than 3 person, regarding the support of Hotel/community housing, volunteers:New, Adams, and AlexanderRailroad growth: in coordination with the new legislation session: Councilmember Hirschfeld and FarmerCity Manager Daniel Valenzuela distributed the proposed January 22, 2013 Agenda and solicited Councilcomments and suggestions.Councilmember Farmer – feasibility of utilizing actual versus under billing on the City’s utility statementCouncilmember Alexander: city inability to handle growth - City’s inability to react to change, specifically oil boom growth, internal policy change (water billing issues) - Should be aware of conventional thinking and react to quicklyCouncilmember Adams: annexation issue near colisumCouncilmember Silvas - update on concho river project (include pictures)City Manager Daniel Valenzuela – Strategic meeting on 2/19ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 2:53 P.M. THE CITY OF SAN ANGELO
  14. 14. Page 186 MinutesVol. 104 January 8, 2013 ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkIn 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.)
  15. 15. City of San Angelo Water UtilitiesMemo Date: January 3, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Interim Water Utilities Director Subject: Consent Agenda Item for January 22, 2013 Council Meeting Contact: Ricky Dickson, Interim Water Utilities Director, 657- 4209 Caption: Consideration of awarding Water Utilities Bid, “WU-17- 12” for Liquid Ferrous Chloride to Kemira Water Solution, Inc. for the calculated amount of $85,120.00. Summary: Bids have been received from Kemira Water Solutions, Inc. for liquid ferrous chloride. The bids were mailed to five suppliers and the only bid was received from Kemira Water Solutions, Inc. Financial Impact: Bid amount is calculated on a price per pound for the estimated quantities used by the Water Reclamation Facility. Estimated quantities are for 112,000 lbs @ $0.76 for a total of $85,120.00. Funds are budgeted in operating funds for the Water Reclamation Facility. Related Goal Item: The liquid ferrous chloride is used for odor and corrosion control at the Water Reclamation Facility. Other Information/Recommendation: It is recommended the bid from Kemira Water Solutions, Inc. be accepted. Attachment: Bid tabulation. Presentation: None Reviewed by Service Area Director: Ricky Dickson, Interim Water Utilities Director January 3, 2013
  16. 16. City of San Angelo RFB WU-17-12 / Liquid Ferrous Chloride Bid Opening 12/21/2012 @ 2:pm Kemira Water Solutions, Inc. (Lawrence, KS) Percent of Item No. Ferrous Iron Pounds of FE Price per Pound Total Bid 1 10.50% 46,100 0.76 $ 3,678.78 Estimated Delivery Time (In Calendar 3 days Net 30 Bids Mailed to: Kemira Water Solutions, InMattesson IL Unable to Forward Enviromental Chemical CoSan Antonio, TX Unable to Forward Kemira Water Solutions, InLawrence, KS Brenntag Southwest Houston, TX No Bid PVS Chemicals Detroit, MI No BidC:Usersbryan.kendrickDesktop01-22-1302b PUR WU-17-12 Bid Tab
  17. 17. City of San AngeloMemo Date: January 15, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Interim Water Utilities Director Subject: Agenda Item for January 22, 2013 Council Meeting Contact: Ricky Dickson; 657-4209 Caption: Consent Item Consideration of awarding RFP WU-16-12 Hickory Water Supply Project, Radium Removal System to Water Remediation Technology, LLC in the amount of $150,000.00 for the design of the radium removal equipment and authorizing the City Manager to execute a service agreement in substantially the attached from between the City of San Angelo and Water Remediation Technology, LLC for maintenance and disposal of spent resin Summary: RFP WU-16-12 was advertised for selection of a system and resin supplier of radium removal equipment. Proposals have been received from a single equipment/media supplier. The single supplier Water Remediation Technology, LLC is therefore selected to provide equipment and ion exchange media required to remove radium from the Hickory groundwater. The selected vendor will provide information necessary to complete the design of the Hickory groundwater treatment plant. Bid prices will also be utilized to enable city staff to negotiate a service agreement. The service agreement will be brought to Council for approval. History: This project is part of the groundwater treatment plant project that will be bid at a future date. Projects completed or under construction include the Well Field Pipelines, 30” Transmission Main and the Booster Pump Station and Well Field. Future projects will be related to the well field expansion. Financial Impact: Bid amount $150,000.00. Funded from the Texas Water Development loan program proceeds in the amount of $120,000,000. Related Vision Item Long term water supply. (if applicable): Other Information/ Staff recommends the bid be accepted and the City Manager be authorized to Recommendation: execute the contract documents. Attachments: Bid Tabulation and Draft Contract Presentation: None. Publication: None. Reviewed by Ricky Dickson, Interim Water Utilities Director; 657-4209 Director: Approved by Legal: 12/19/12
  18. 18. CITY OF SAN ANGELO BID TABULATION * RFB NO: WU-16-12/Radium Removal System January 15, 2013/2:30PM WRT No. Item Unit Est Qty Total Price $ 1 Radium Removal System LS 1 4,839,500.00 2 Submittals and Design LS 1 150,000.00 Total Bid 4,989,500.00 Bids Mailed To: WRT Aurora CO Layne Tyler TX The Brandt Companies, LLC Carrollton TXC:Documents and SettingsKevin.KruegerLocal SettingsTemporary Internet FilesContent.OutlookZEXODQWZBid Tab WU1612 minus alt
  19. 19. DOCUMENT 00_52_00 AGREEMENT NOTICEThis is the City’s standard form of agreement for projects of this type and applies only to theSubmittals and Design Information Services Contract portion of the Scope of Work and applies onlyto the Submittals and Design Information Services Contract portion of the Scope of Work. Thespecified insurance requirements in Section 179 of this agreement are applicable to this project.After proposals are opened and the City has determined its recommendation, a final agreement forthe Supplier’s signature will be prepared. The appropriate sections will be completed with anaccurate summary of the description of work to be awarded and the bid price recommended toCouncil, including all alternates, options and addenda to be awarded. This agreement must befinalized by the CITY, and signed by the Supplier, prior to the award of the bid by the City Council. SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGELO AND _________________________ RFP WU-16-12 This Agreement is entered into this ___ day of ____________, 2013 (but effective as of___________________) by and between the City of San Angelo, a municipal corporation of theState of Texas (“City”) and ________________a corporation (“Supplier”).RECITAL A. City is in need of securing a long term usable water treatment system for its potable water supply (“Project”), and in that connection, is seeking technical expertise and services to the design and implement of a radium removal water treatment system (“Services”). The project site will be on City property located at 327 East Avenue I, San Angelo, Texas, also known as the City Water Production Facility (“Site”). B. City has issued Request for Proposal for Water Utilities Hickory Water Supply Project Radium Removal System No. WU-16-12 (“RFP No. WU-16-12”) at San Angelo, Texas to procure Services, and Supplier’s bid, in response thereto, has been selected as the most qualified proposal for the provision of Services.December 2012 00_52_00-1 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  20. 20. C. On _______________, 2013, the City Council of the City of San Angelo, approved the selection of Supplier 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 promisesherein contained, Supplier and City agree as follows:TERMS1. RECITALS: The recitals are true and correct and are hereby incorporated into andmade a part of this Agreement.2. TIME FOR PERFORMANCE: Supplier shall perform Services under this Agreement in accordance with the followingtime schedule: A. RADIUM REMOVAL SYSTEM CONTRACT BETWEEN SUPPLIER AND GENERAL CONTRACTOR FOR PROJECT (1) City shall provide Supplier the copy of the Notice of Award to the General Contractor for Project (“General Contractor”). (2) Within thirty (30) calendar days of receipt of the Notice of Award to the General Contractor from City, Supplier shall execute a contract with General Contractor for the provision of a radium removal system in accordance with the specifications set out in RFP No. WU-16-12 and submit a copy of such executed contract to City. B. SUBMISSION OF RADIUM REMOVAL SYSTEM DESIGN-PHASE SUBMITTALS (1) City shall provide Supplier the copy of the Notice to Proceed for Project.December 2012 00_52_00-2 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  21. 21. (2) Within thirty (30) calendar days of receipt of the Notice to Proceed from City, Supplier shall submit the radium removal system design-phase submittals as defined in Section 46_63_11 except those submittals required by Section 40_61_05 in Formatted: Font: Not Italic accordance with the specifications set out in RFP No. WU-16-12 to Engineer for approval. Within sixty (60) calendar days of receipt of the Notice to Proceed from Formatted: Font: Not Italic City, Supplier shall submit the submittals specified in Section 40_61_05 to Engineer for approval. (2) Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + C. DELIVERY OF RADIUM REMOVAL SYSTEM EQUIPMENT Indent at: 0.75" (1) Contractor shall provide Supplier the copy of the Notice to Commence Manufacture for the Project. (2) Within twenty-four (24) weeks, upon Supplier’s receipt of the Notice to Commence Manufacture from Contractor, Supplier shall manufacture and deliver the radium Formatted: Font: Italic removal system to Site in accordance with the specifications set out in RFP No. WU- 16-12. Supplier shall coordinate said delivery with the General Contractor for Project.3. SCOPE OF SERVICE: A. Supplier agrees to perform Services as specifically described, and subject to thespecial terms and conditions set forth in RFP No. WU-16-12, which by this reference isincorporated as if fully set out herein. B. Supplier represents and warrants to City that: (i) it possesses all qualifications,licenses and expertise required for the performance of Services; including but not limited to fullqualification to do business in the State of Texas(ii) it is not delinquent in the payment of anyDecember 2012 00_52_00-3 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  22. 22. sums due City, including payment of permit fees, occupational licenses, etc., nor in theperformance of any obligations to City; (iii) all personnel assigned to perform Services are andshall be, at all times during the term hereof, fully qualified and trained to perform the tasksassigned to each; and (iv) Services will be performed in the manner, at such times, and for thebudgeted amounts described in, Exhibit Attachment “A” Fee and Payment Schedule attached Formatted: Strikethrough Formatted: Font: Italichereto, which by this reference is incorporated into this Agreement, and (v) each personexecuting this Agreement on behalf of Supplier has been duly authorized to so execute the sameand fully bind Supplier as a party to this Agreement.4. COMPENSATION: A. The amount of compensation payable by City to Supplier for Service shall bebased on the Compensation described under Exhibit Attachment “A” Fee and Payment Schedule Formatted: Strikethrough Formatted: Font: Not Italic B. Absent an amendment to this Agreement, additional services and expenses are notincluded in Compensation shall only be provided upon a written amendment entered into by Cityand Supplier and with prior approval by City Council. City shall not be liable for any costs, fees,expenses or charges beyond Compensation. C. Unless otherwise specifically provided in Attachment “A”, payment shall bemade within thirty (30) calendar days after receipt of Supplier’s invoice, which shall beaccompanied by sufficient supporting documentation and contain sufficient detail, to allow aproper audit of expenditures should City require one to be performed. No advance paymentsshall be made at any time.5. LIQUIDATED DAMAGES: Supplier acknowledges that General Contractor isrequired to perform timely under its contract for Project with City and that Supplier’s time ofperformance under this Agreement is of the essence. Supplier further acknowledges that delay inDecember 2012 00_52_00-4 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  23. 23. Supplier’s performance under this Agreement will adversely impact City and the ability ofGeneral Contractor to timely perform under its contract with City and that City and GeneralContractor will suffer financial loss if Services are not complete by the time as specified in RFPNo. WU-16-12, plus any extensions thereof allowed. City and Supplier agree that a reasonableestimate of liquidated damages for any delay (but not as a penalty) for Supplier providingServices would be for Supplier to pay City Two Thousand and 00/100 Dollars ($2,000.00) foreach calendar day that expires after the time specified under Section 2.B.(2). Time ForPerformance hereunder. Therefore, Supplier shall pay as liquidated damages Two Thousand and00/100 Dollars ($2,000.00) for each calendar day that expires after the time specified underSections 2.B.(2) and 2.C.(2). Time of Performance hereunder. The Supplier will only be chargedliquidated damages for late equipment delivery if the Supplier’s delay causes the GeneralContractor to miss a deadline and, therefore, be charged liquidated damages by the City.6. 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 for the Water Utilities Hickory Water Supply Project Radium Removal System No. WU-16-12 (“RFP No. WU -16 -12”)  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 Supplier and City.7. ADDITIONAL SUPPLIER’S REPRESENTATIONS: In order to induce City to enter into this Agreement, Supplier makes the followingrepresentations to City: A. Supplier has familiarized itself with the nature and extent of the ContractDocuments, Work, and with all local conditions and federal, state and local laws.December 2012 00_52_00-5 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  24. 24. B. Supplier has made, or caused to be made, examinations and investigations ofinformation as it deems necessary for the performance of Services at the Contract Price, withinthe Contract Time and in accordance with the other terms and conditions of the ContractDocuments; and no additional examinations, investigations or similar data are, or will berequired by Supplier for such purposes. C. Supplier has given City advanced written notice of all conflicts, errors, ordiscrepancies that it has discovered in the Contract Documents prior to bidding and the writtenresolution thereof by City is acceptable to Supplier. D. Supplier is skilled and experienced to responsibly perform the type of Workdescribed in the Contract Documents in a timely manner.8. OWNERSHIP OF DOCUMENTS: Supplier understands and agrees that anyinformation, document, report or any other material whatsoever which is given by City toSupplier or which is otherwise obtained or prepared by Supplier pursuant to or under the terms ofthis Agreement is and shall at all times remain the property of City. Supplier agrees not to useany such information, document, report or material for any other purpose whatsoever without thewritten consent of City, which may be withheld or conditioned by City in its sole discretion. TheCity will keep confidential any information noted by Supplier as being ‘confidential’ to theextent allowed by law.9. 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 Supplier under this Agreement, audit, or cause to be audited,those books and records of Supplier which are related to Supplier’s performance under thisDecember 2012 00_52_00-6 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  25. 25. Agreement. Supplier agrees to maintain all such books and records at its principal place ofbusiness for a period of three (3) years after final payment is made under this Agreement. B. City may, at reasonable times during the term hereof, inspect Supplier’s facilitiesand perform such tests, as City deems reasonably necessary, to determine whether the goods orservices required to be provided by Supplier under this Agreement conform to the terms hereofand/or the terms of the Solicitation Documents, if applicable. Supplier shall make available toCity all reasonable facilities and assistance to facilitate the performance of tests or inspections byCity representatives. All tests and inspections shall be subject to, and made in accordance with,the provisions of City of San Angelo Code of Ordinances, as same may be amended orsupplemented from time to time.10. AWARD OF AGREEMENT: Supplier represents and warrants to City that it hasnot employed 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,percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the awardof this Agreement..11. PUBLIC RECORDS: Supplier understands that the public shall have access, at allreasonable times, to all documents and information pertaining to City contracts, subject to theprovisions of Chapter 552, Texas Government Code, and agrees to allow access by City and thepublic to all documents subject to disclosure under applicable law. Supplier’s failure or refusalto comply with the provisions of this section shall result in the immediate cancellation of thisAgreement by City.12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Supplierunderstands that agreements between private entities and local governments are subject to certainDecember 2012 00_52_00-7 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  26. 26. laws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Supplier agree to comply with and observe all applicable laws, codes andordinances as they may be amended from time to time.13. INDEMNIFICATION: Supplier shall indemnify, defend and hold harmless Cityand its officials, employees, Engineer, and agents (collectively referred to as “Indemnitees”) andeach 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 anyinjury to or 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 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 or instrict liability) of Supplier or its employees, agents or sub-suppliers (collectively referred to as“Supplier”), regardless of whether it is, or is alleged to be, caused in whole or part (whetherjoint, concurrent or contributing) by any act, omission, default or negligence (whether active orpassive) of the Indemnitees, or any of them or (ii) the failure of Supplier to comply with any ofthe paragraphs herein or the failure of Supplier to conform to statutes, ordinances, or otherregulations or requirements of any governmental authority, local, federal or state, in connectionwith the performance of this Agreement. Supplier expressly agrees to indemnify defend andhold harmless the Indemnitees, or any of them, from and against all liabilities which may beasserted by an employee or former employee of Supplier, or any of its sub-Suppliers, as providedabove, for which Supplier’s liability to such employee or former employee would otherwise belimited to payments under state Workers’ Compensation or similar laws. Supplier further agreesto indemnify, defend and hold harmless the Indemnitees from and against (i) any and allDecember 2012 00_52_00-8 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  27. 27. Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation,condition, or requirement, related directly to Supplier’s negligent performance under thisAgreement, compliance with which is left by this Agreement to Supplier, and (ii) any and allclaims and/or suits for labor and materials furnished by Supplier or utilized in the performance ofthis Agreement or otherwise. Supplier’s obligations to indemnify, defend and hold harmless the Indemnitees shallsurvive the termination of this Agreement. Supplier understands and agrees that any and all liabilities regarding the use of any sub-supplier for Services related to this Agreement shall be borne solely by Supplier throughout theduration of this Agreement and that this provision shall survive the termination of thisAgreement.14. DEFAULT: If Supplier fails to comply with any term or condition of this Agreement,or fails to perform any of its obligations hereunder, then Supplier shall be in default. Upon theoccurrence of a default hereunder City, in addition to all remedies available to it by law, mayimmediately, upon written notice to Supplier, terminate this Agreement whereupon all payments,advances, or other compensation paid by City to Supplier while Supplier was in default shall beimmediately returned to City. Supplier understands and agrees that termination of thisAgreement under this section shall not release Supplier from any obligation accruing prior to theeffective date of termination. Should Supplier be unable or unwilling to commence to performServices within the time provided or contemplated herein, then, in addition to the foregoing,Supplier shall be liable to City for all expenses incurred by City in preparation and negotiation ofthis Agreement, as well as all costs and expenses incurred by City in the re-procurement ofServices, including consequential and incidental damages.December 2012 00_52_00-9 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  28. 28. 15. RESOLUTION OF CONTRACT DISPUTES: Supplier understands and agrees thatall disputes between Supplier 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 toSupplier being entitled to seek judicial relief in connection therewith. In the event that theamount of compensation hereunder exceeds Twenty-five Thousand and No/100 Dollars($25,000.00), the City Manager’s decision shall be approved or disapproved by City Council.Supplier shall not be entitled to seek judicial relief unless: (i) it has first received the CityManager’s written decision, approved by City Council if the amount of compensation hereunderexceeds Twenty-five Thousand and No/100 Dollars ($25,000.00), or (ii) a period of sixty (60)calendar days has expired, after submitting to the City Manager a detailed statement of thedispute, accompanied by all supporting documentation (90 calendar days if the City Manager’sdecision is subject to City Council approval); or (iii) City has waived compliance with theprocedure set forth in this section by written instruments, signed by the City Manager.16. 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 Supplier at least five (5) business days prior to the effective dateof such termination. In such event, City shall pay to Supplier compensation for servicesrendered and expenses incurred prior to the effective date of termination. In no event shall Citybe liable to Supplier for any additional compensation, other than that provided herein, or for anyconsequential or incidental damages. B. City shall have the right to terminate this Agreement, without notice to Supplier,upon the occurrence of an event of default hereunder. In such event, City shall not be obligatedDecember 2012 00_52_00-10 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  29. 29. to pay any amounts to Supplier and Supplier shall reimburse to City all amounts received whileSupplier was in default under this Agreement.17. INSURANCE: Supplier 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 Services under this contractwithout 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 Supplier shall at any time upon request file duplicate copies of the policies of suchinsurance with City. A. If, in the judgment of City, prevailing conditions warrant the provision bySupplier of additional liability insurance coverage or coverage which is different in kind, Cityreserves the right to require the provision by Supplier of an amount of coverage different fromthe amounts or kind previously required and shall afford written notice of such change inrequirements thirty (30) calendar days prior to the date on which the requirements shall takeeffect. Should Supplier fail or refuse to satisfy the requirement of changed coverage withinthirty (30) calendar days following City’s written notice, this Contract shall be consideredterminated on the date that the required change in policy coverage would otherwise take effect. B. Supplier understands and agrees that any and all liabilities regarding the use ofany of Supplier’s employees or any of Supplier’s sub-suppliers for Services related to thisAgreement shall be borne solely by Supplier throughout the term of this Agreement and that thisprovision shall survive the termination of this Agreement. Supplier further understands andDecember 2012 00_52_00-11 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  30. 30. agrees that insurance for each employee of Supplier and each sub-supplier providing Servicesrelated to this Agreement shall be maintained in good standing and approved by the City RiskManagement Administrator throughout the duration of this Agreement.18. SPECIAL INSURANCE AND INDEMNIFICATION RIDERA. GENERAL INDEMNIFICATION. SUPPLIER 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 ALL CLAIMS,DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES,DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANYPERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF SUPPLIER ORCITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TOPROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAWOR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OFCOMMISSION, OMISSION, NEGLIGENCE OR FAULT OF SUPPLIER, ITS AGENTS OREMPLOYEES, OR THE JOINT NEGLIGENCE OF SUPPLIER AND ANY OTHER ENTITY,AS A CONSEQUENCE 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 SUPPLIER HEREUNDER.THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT ASLONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALLREQUIRE SUPPLIER TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANYINDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCEOR WILLFUL MISCONDUCT.B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FORIN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENTAND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TODecember 2012 00_52_00-12 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  31. 31. EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLYDURING THE TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANYLIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POSTCLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONSOF SUPPLIER IN PERFORMING UNDER THIS AGREEMENT.C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THISAGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTSOCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY TOCLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERMOF PREVIOUS AGREEMENTS BETWEEN CITY AND SUPPLIER.19. INSURANCE: A. GENERAL CONDITIONS. The following conditions shall apply to all insurance policies obtained by Supplier 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 Insured. All insurance policies required herein shall be drawn in the name of Supplier, 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. Supplier 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, Supplier 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 stateDecember 2012 00_52_00-13 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  32. 32. 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, Supplier 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, 72 West College Avenue, San Angelo, Texas 76903. 5) Supplier’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Supplier’s liability or as a full performance on its part of the indemnification provisions of this Agreement. Supplier’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 Supplier to maintain adequate coverage shall not relieve Supplier of any contractual responsibility or obligation. 6) Sub-suppliers’ Insurance. Supplier shall cause each Sub-supplier and Sub- sub-supplier of Supplier to purchase and maintain insurance of the types and in the amounts specified below. Supplier shall require Sub-suppliers and Sub-sub-suppliers to furnish copies of certificates of insurance to Supplier’s Risk Manager evidencing coverage for each Sub-supplier and Sub-Sub-supplier. B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Supplier shallobtain and continuously maintain in effect at all times during the term hereof, at Supplier’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 Supplier and additional insured against all claims arising from bodily injury, sickness, disease or death of any person (other than Supplier’s employees) and damage to property of City or others arising out of the act or omission of Supplier or its agents and employees. This policy shall also include protection against claims for theDecember 2012 00_52_00-14 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  33. 33. contractual liability assumed by Supplier 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 suppliers (to remain in force for two years after final payment). Coverage limits shall not be less than: $3,000,000.00 General Aggregate $1,000,000.00 Products – Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence 2) Business Automobile Liability. This policy shall be written in comprehensive form and shall protect Supplier 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: $1,000,000.00 Each Accident Limit 3) Workers’ Compensation and Employer’s Liability. If Supplier hires any employees, Supplier shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect Supplier 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 $1,000,000.00 Employer’s Liability, Each Accident $1,000,000.00 Employer’s Liability, Disease - Each Employee $1,000,000.00 Employer’s Liability, Disease – Policy Limit If Supplier uses contract labor, Supplier shall require its Sub-supplier to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.December 2012 00_52_00-15 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  34. 34. 4) Professional Liability. This insurance shall include contractual liability in its coverage, and the coverage under this policy shall survive the term of this Contract as long as any liability could be asserted. Coverage shall not be less than: $1,000,000.00 Aggregate $ 500,000.00 Each Claim20. NONDISCRIMINATION: Supplier represents and warrants to City that Supplier doesnot and will not engage in discriminatory practices and that there shall be no discrimination inconnection with Supplier’s performance under this Agreement on account of race, color, sex,religion, age, handicap, marital status or national origin. Supplier further covenants that nootherwise 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 Supplier, in whole or inpart, without the prior written consent of City, 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. TO CITY: TO SUPPLIER: City of San Angelo Water Reclamation Technology, LLC_________________________December 2012 00_52_00-16 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  35. 35. Attn: Kevin Krueger Attn: Ron Dollar__________________. 72 West College Avenue 5525 W. 56th Avenue, Suite Formatted: Superscript 100_________________________ San Angelo, Texas 76903 Arvada_____________, CO 80002TX 7______ Phone: (325)657-4260 Phone: (303__)424 -5355 Email: kevin.krueger@sanangelotexas.us Email: rdollarinfo@wrtnet.com.com Formatted: Default Paragraph Font Formatted: Default Paragraph Font23. MISCELLANEOUS PROVISIONS:A. Remedies: In the event of default by Supplier under the Contract Documents, City shallhave all rights and remedies afforded to it at law or in equity to enforce the terms of the ContractDocuments; however, arbitration is not an available remedy to resolve any disputes arising underthis Agreement unless City and Supplier mutually agree to such remedy in a separate writtenagreement. The exercise of any one right or remedy shall be without prejudice to theenforcement of any other right or remedy allowed at law or in equity.B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or Supplierto enforce or interpret the terms of the Contract Documents, the party prevailing on the majorityof issues shall be entitled to reasonable attorneys’ fees and costs and any necessarydisbursements in addition to any other relief to which the prevailing party is entitled.C. Conflicts: This Agreement, the documents required to be provided, and the ContractDocuments constitute the entire agreement between the parties hereto and supersede any priorwritten or oral agreements and understandings between the parties. If any provision of thisAgreement, the General Conditions, the Specifications or any other provision contained withinthe Contract Documents conflicts, or is inconsistent with any other provision of the ContractDecember 2012 00_52_00-17 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  36. 36. Documents, then the conflict or inconsistency will be resolved first by reference to the terms ofthis Agreement, then to the General Conditions to this Agreement and then finally to theSpecifications therein, unless a federal law, regulation or restriction would require otherwise, inwhich case the federal provision would control.D. Severability: If any provision of this Agreement is held invalid or unenforceable, theremainder of the Agreement shall not be affected thereby and all other parts of this Agreementshall nevertheless be in full force and effect.E. Venue: This Agreement, including the Contract Documents, is governed by the laws ofthe State of Texas. Venue for any suit or claim or cause of action arising out of or related toWork covered by this Agreement shall be in Tom Green County, Texas.F. Counterparts: This Agreement may be executed in two or more counterparts, each ofwhich shall constitute an original but all of which, when taken together, shall constitute one andthe same agreement.G. Enforcement: This Agreement shall be construed and enforced according to the laws ofthe State of Texas.H. Headings: Titles and paragraphs are for convenient reference and are not a part of thisAgreement.I. No Waiver: No waiver or breach of any provision of this Agreement shall constitute awaiver of any subsequent breach of the same or any other provision hereof, and no waiver shallbe effective unless made in writing.J. Governing Laws: Should any provision, paragraph, sentence, word or phrase containedin this Agreement be determined by a court of competent jurisdiction to be invalid, illegal orotherwise unenforceable under the laws of the State of Texas or the City of San Angelo, suchDecember 2012 00_52_00-18 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  37. 37. provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessaryin order to conform with such laws, or if not modifiable, then same shall be deemed severable,and in either event, the remaining terms and provisions of this Agreement shall remainunmodified and in full force and effect or limitation of its use.K. Applicable Law: This Contract and the Contract Documents are subject to all applicablefederal and state laws, statutes, codes, rules and regulations and local ordinances, rules andregulations.24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the partieshereto, their heirs, executors, legal representatives, successors, or assigns.25. INDEPENDENT SUPPLIER: Supplier has been procured and is being engaged toprovide services to City as an independent supplier, and not as an agent or employee of City.Accordingly, Supplier shall not attain, nor be entitled to, any rights or benefits under the CivilService or Pension Ordinances of City, nor any rights generally afforded classified orunclassified employees. Supplier further understands that Texas Workers’ Compensationbenefits available to employees of City are not available to Supplier, and agrees to provideworkers’ compensation insurance for any employee or agent of Supplier rendering services toCity 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) calendar days notice.27. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject toall Attachments hereto, to all of the attachments, provisions, requirements, federal, state andDecember 2012 00_52_00-19 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  38. 38. local laws, rules and regulations as of the effective date herein, and to any and all requirements,whether federal, state or local, verbal or written, placed upon City. The entire foregoing ishereby made a part of this Agreement and incorporated herein by reference as if fully set outherein.28. FORCE MAJEURE: A “Force Majeure Event” shall mean an act of God, act ofgovernmental body or military authority, fire, explosion, power failure, flood, storm, hurricane,sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage,insurrection, blockade, or embargo. In the event that either party is delayed in the performanceof any act or obligation pursuant to or required by the Agreement by reason of a Force MajeureEvent, the time for required completion of such act or obligation shall be extended by thenumber of days equal to the total number of days, if any, that such party is actually delayed bysuch Force Majeure Event. The party seeking delay in performance shall give notice to the otherparty specifying the anticipated duration of the delay, and if such delay shall extend beyond theduration specified in such notice, additional notice shall be repeated no less than monthly so longas such delay due to a Force Majeure Event continues. Any party seeking delay in performancedue to a Force Majeure Event shall use its best efforts to rectify any condition causing such delayand shall cooperate with the other party to overcome and delay that has resulted.29. CITY NOT LIABLE FOR DELAY: Supplier hereby understands and agrees thatin no event shall City be liable for, or responsible to Supplier or any Sub-supplier, or to any otherperson, firm, or entity for or on account of, any stoppages or delay(s) in work hereinprovided for, or any damages whatsoever related thereto, because of any injunction or other legalor equitable proceeding or on account of any delay(s) for any cause over which City has nocontrol.December 2012 00_52_00-20 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)

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