1. NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, July 19, 2011
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS 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. every
day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamation
“Americans Disability Act Awareness Day – July 26, 2011” to be accepted by Bernie Coffee, Disability
Program Navigator of the Concho Valley Workforce Development Board, Workforce Solutions
D. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the July 12, 2011 City Council Regular meeting minutes
2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any
necessary related documents:
a. WU-04-11: High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2
Electrical Improvements, Craig, Sheffield and Austin Construction, Inc. (Flower Mound, TX),
$3,708,200.00
b. CED-02-11: Business Resource Center Asbestos Abatement, AAR, Inc. (Liberty Hill, TX), $47,000.00
3. Consideration of approving a recommendation of the City of San Angelo Development Corporation
(COSADC) to authorize the COSADC President to negotiate the terms of a consulting agreement
with AngelouEconomics, Inc. as the firm to design, implement, and deliver a comprehensive
Economic Development Strategic Plan for the City of San Angelo, and authorizing the COSADC
President to execute a contract with recommended firm on behalf of the corporation
City Council Agenda Page 1 of 5 July 19, 2011
2. 4. Consideration of a recommendation from City of San Angelo Development Corporation (COSADC)
to designate $1.4 million from unencumbered COSADC funds to renovate and reuse the former Coke
Building at 69 N. Chadbourne as the Business Resource Center
5. Second hearing and consideration of adoption of an Ordinance amending Article 5.100, Alcoholic
Beverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beverages of the City
of San Angelo Code of Ordinances as related to the Texas Bank Sports Complex and the 29th Street
Recreation Area
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN
ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE
8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO
CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA;
AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, ALCOHOLIC
BEVERAGES REGULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC
BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX, RESTRICTING ALCOHOL IN THE
TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL
FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS
COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND,
PROVIDING FOR AN EFFECTIVE DATE
6. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” of
the Code of Ordinances, City of San Angelo
SU 11-01: Apostolic House of Worship
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 1202 Preusser Street at northeast corner of Florence and
Preusser Streets, approving a Special Use to allow a day care on the site of a religious institutional
establishment in a Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY
AND PROVIDING A PENALTY
7. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” of
the Code of Ordinances, City of San Angelo
SU 11-02: Ray Zapata
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located approximately 285’ west of the
intersection of Old Knickerbocker Road and South Bryant Boulevard, approving a Special Use to
allow placement of a “band stand” or “stage” (categorized as major entertainment event) in a Light
Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
8. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” of
the Code of Ordinances, City of San Angelo
SU 11-03: B.A. & Winkay Reed
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 3149 Red Bluff Rd East, approximately 385’ west of the
intersection of Red Bluff Rd East and Red Bluff Rd West, approving a Special Use to allow bed-and-
City Council Agenda Page 2 of 5 July 19, 2011
3. breakfast establishment in a Single-Family Residence (RS-1) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
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. First public hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
"A" of the City of San Angelo Code of Ordinances regarding the maximum permitted accessory
building floor area in Ranch & Estate districts
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
OF THE CITY OF SAN ANGELO, TEXAS, BY AMENDING SUBSECTION 402.A.2 PROVIDING A
MAXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E)
DISTRICTS; BY AMENDING SUBSECTION 203.B.1; PROVIDING FOR ADMINISTRATIVE
ADJUSTMENTS PERMITTED FOR FLOOR AREA OF RESIDENTIAL ACCESSORY BUILDINGS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
(Presentation by Planning Manager AJ Fawver)
10. Consideration of amendment to Vision Plan component of the San Angelo Comprehensive Plan
Update adopted in 2009, on properties in the vicinity of Houston Harte Expressway, extending east
from North Bell Street to 450’ east of North Montague Street
(Presentation by Planning Manager AJ Fawver)
11. Consideration of approval and public hearing of the 2011 Annual Action Plan for use of CDBG and
HOME funds and authorizing City Manager to execute the annual applications, required certifications,
and related documents
(Presentation by Neighborhood and Family Services Director Bob Salas)
12. Update on construction budgets for City Hall, Old Library, Central Plant, and Utility Billing Office
and any action related thereto
(Presentation by Assistant City Manager Elizabeth Grindstaff)
13. Consideration of issuing Change Order #1 to the contract with Stoddard Construction Management
Inc. (SCMI) (PUR-04-10B) for the construction of a basement and the installation and hook up of
HVAC Equipment for the City Hall Plaza buildings ($1,811,007.50) and for the additional work
related to the Auditorium ($180,856.41) and authorizing the City Manager or his designee to negotiate
a contract and execute any related documents
(Presentation by Construction Manager David Knapp)
14. Consideration of awarding a bid REC-01-11 for Pool Renovation to Mega Contractors Inc. (Ft. Worth,
TX) for in the amount of $2,725,000.00, including an additional $184,113.00 for contingency,
landscaping and irrigation outside of the contract, authorizing the City Manager or his designee to
negotiate and execute a contract and any related documents
(Presentation by Construction Manager David Knapp)
City Council Agenda Page 3 of 5 July 19, 2011
4. 15. Consideration of authorizing staff to negotiate an agreement between the City of San Angelo and
Texas Outdoors Consulting for professional services for State (PK-01-11) in the amount of $39,450
for the development of a Parks & Recreation Master Plan and a Recreation Use Plan for the Twin
Buttes Reservoir and authorizing the Mayor and/or the City Manager to execute said agreement
(Presentation by Parks and Recreation Director Carl White)
16. Discussion and possible action regarding the Water Conservation and Drought Contingency Plan
(Presentation by Water Utilities Director Will Wilde)
17. Consideration of granting a request from Quicksand Partners, Ltd. to purchase raw water from the
City of San Angelo and any action in connection thereto
(Presentation by Water Utilities Director Will Wilde)
18. First Public Hearing and consideration of introduction of an Ordinance amending the monthly water
base rates and usage rates
AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 “MONTHLY
WATER RATES” TO REPEAL SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING
A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW MONTHLY BASE RATES FOR
VARIOUS METER SIZES AND USAGE RATES, PROVIDING FOR SEVERABILITY,
PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Finance Director Michael Dane)
19. Public Hearing and consideration of adopting an Ordinance authorizing the issuance and sale of City
of San Angelo, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series
2011B, for capital improvement projects consisting of improvements and extensions to the City's
water system, including groundwater production facilities and collection, treatment, storage and
transmission facilities to develop the hickory well field for the City's water system; levying an annual
ad valorem tax and providing for the payment of said certificates; providing an effective date; and
enacting other provisions relating to the subject
(Presentation by Finance Director Michael Dane)
20. Discussion of stormwater utility fee revenue, budget expenditures and program activities
(Presentation by City Engineer Clinton Bailey)
21. Discussion of the 2011-2012 budget goals, policy, and all City funds, including, but not limited to, the
Water Fund, Waste Water Fund, other funds, and fund balances, and any action in connection thereto
(Presentation by Finance Director Michael Dane)
22. First Public Hearing and consideration of introduction of an Ordinance amending established
boundaries of Single Member District 1
AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER
DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY UNINHABITED
ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE
(Presentation by City Clerk Alicia Ramirez)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
23. Consideration of matters discussed in Executive/Session, if needed
24. Consideration of confirming the Civil Service Commission nominee, Teresa Special, by City Manager
and approval of same by City Council
25. Consideration of Future Agenda Items
City Council Agenda Page 4 of 5 July 19, 2011
5. 26. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Friday, July 15, 2011, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk
City Council Agenda Page 5 of 5 July 19, 2011
6. PROCLAMATION
WHEREAS, On July 26, 1990, President George H. Bush signed into law the
Americans with Disabilities Act (ADA) to ensure the civil rights of
people with disabilities. This legislation established a clear and
comprehensive national mandate for the elimination of
discrimination against individuals with disabilities; and
WHEREAS, The ADA has expanded opportunities for Americans with
disabilities by reducing barriers and changing perceptions,
increasing full participation in community life. However, the full
promise of the ADA will only be reached if public entities remain
committed in their efforts to fully implement the ADA; and
WHEREAS, On the 21st anniversary of the Americans with Disabilities Act, we
the City of San Angelo celebrate and recognize the progress that
has been made by reaffirming the principals of equality and
inclusion and recommitting our efforts to reach full ADA
compliance.
NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf
of the City Council, do hereby proclaim July 26, 2011 as
“ADA AWARENESS DAY”!
and do hereby reaffirm our commitment to work toward full ADA compliance in the
City of San Angelo!
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City to
be affixed this 19th day of July, 2011.
THE CITY OF SAN ANGELO
___________________________
Alvin New, Mayor
7. CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 803
Tuesday, July 12, 2011 Vol. 102
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, July 12, 2011, in
the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized
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 Farmer
were present and acting, with the exception of Councilmember Adams, thus constituting a quorum.
Whereupon, the following business was transacted:
An invocation was given by Reverend David Smith of the Word of Life Church and pledge was led by Megan
and Derek Dunn, daughter and son of Becky, Finance Department, and Brian Dunn, Fire Chief.
PROCLAMATION AND RECOGNITIONS
“Mental Health Awareness Month of July 2011” was accepted by Alejandro Castanon, Conexion Hispana
Director.
Finance/Budget Division Senior Budget Analysts Morgan Trainer and Bryan Kendrick for receiving the
Government Finance Officers Association Distinguished Budget Presentation Award for its 2010-2011 Budget
Certified Public Manager 2011 Graduates through the Texas State University’s William P. Hobby Center for
Public Service: City Engineer Clinton Bailey, Code Compliance Manager James Flores, Director of Human
Resources Lisa Marley, City Clerk Alicia Ramirez, Human Resources Manager Veronica Sanchez, Assistant
Recreation Manager MaryAnn Vasquez, Police Chief Tim Vasquez, and Civic Events Manager Anthony
Wilson.
PUBLIC COMMENT
Public comments were made by Benny Salinas, Harvey Graham of 1225 Spaulding, and Councilmember Silvas.
Assistant City Attorney Elizabeth Grindstaff stated staff had meet with local TxDOT Representatives regarding
the right of way maintenance on state highways within the city limits and the possibility of the state cutting the
urban mowing contract.
CONSENT AGENDA
APPROVAL OF THE JUNE 28, 2011 CITY COUNCIL REGULAR MEETING MINUTES
8. Page 804 Minutes
Vol. 102 July 12, 2011
AWARD OF BID WU-09-11 FOR GRANULAR ACTIVATED CARBON MEDIA TO NORIT AMERICAS, INC.
(MARSHALL, TX) IN THE AMOUNT OF $190,000.00 AND AUTHORIZATION FOR THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS
AUTHORIZATION FOR THE CITY OF SAN ANGELO TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH THE TOM GREEN COUNTY SHERIFF’S OFFICE FOR THE PURPOSE OF
JOINTLY APPLYING FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATED
DOCUMENTS
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGET
FOR GRANTS (ANNEX A, PAGE , ORDINANCE 2011-07-074)
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS
Motion, to approve the Consent Agenda, as presented, with the exception of #3, was made by CF and seconded
by Councilmember Hirschfeld. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
SELECTION OF BUSINESS AND PROFESSIONAL SERVICE (SAN ANTONIO, TX) FOR EMERGENCY
MEDICAL SERVICE (EMS) BILLING AND COLLECTION SERVICE (FD-02-11), AUTHORIZING
STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR CITY MANAGER TO EXECUTE
SAID CONTRACT
Chief Dunn explained local companies did not bid on the service and such expertise does not exist within
the community due to the required specialized service, training, software, etc.
Motion, to select Business and Professional Services, as presented, was made by Councilmember Hirschfeld and
seconded by Councilmember Farmer. Motion carried unanimously.
PUBLIC HEARING AND COMMENT
APPROVAL OF AN APPLICATION BY TOTAL ENERGY SERVICES, LLC ON BEHALF OF NABORS
WELL SERVICES LTD TO DRILL A TOTAL OF THREE NON PRODUCING TRAINING WELLS AT
DEPTHS OF 2000 FEET, 3,000 FEET AND 6,000 FEET ON THEIR PROPERTY LOCATED AT 1214 GAS
PLANT ROAD IN SUPPORT OF A NEW PERMANENT TRAINING FACILITY FOR OIL FIELD
WORKERS IN SOUTHWEST TEXAS, AND APPROVAL OF A PERMIT OR PERMITS TO DRILL
THREE WELLS, TO INCLUDE RECOMMENDED LANGUAGE TO PERMIT AS STATED, AND
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE OTHER RELATED DOCUMENTS AS
MAY BE REQUIRED
Development Coordinator Robert Schneeman, Nabors Well Service President Steve Johnson, and Total Energy
Services Technical Project Manager Dave Simon presented background information. Copies of the
presentations are part of the permanent supplement file.
Discussion was held on the water resource required for the test wells; possibility of discovering water within the
aquifer area and that such disclosure should be included in the permit; safety measures; training methodology;
trucking water to the site, recycling the water, and properly disposing the water; gamma ray data; and liability
concerns.
Motion, to approve the permit or permits, as necessitated and presented, to include permit language to said
application regarding the submittal to the City all available data from said project, specifically gamma ray data
and water data, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer.
9. Minutes Page 805
July 12, 2011 Vol. 102
Public comment was made by Neighbors Well Service worker Dave Gayal.
A vote was taken on the motion on the floor. Motion carried unanimously.
RECESS
At 10:24 A.M., Mayor New called a recess.
RECONVENE
At 10:41 A.M., Council reconvened, and the following business was transacted:
SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE ANIMAL
SERVICES ADVISORY COMMITTEE RESIDENCY REQUIREMENT (ANNEX B, PAGE 815,
ORDINANCE #2011-07-075)
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY
AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”,
SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN
ANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTER
ADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSED
VETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITY
FROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTING
MEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE
DATE
Health Services Manager Sandra Villarreal presented background information.
Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Silvas.
Councilmember Alexander expressed his concern on the residency requirement and the restriction on said
residency requirement.
Public comment was made by Citizen Wendy Brooks.
A vote was taken on the motion on the floor. Aye: New, Silvas, Hirschfeld, and Farmer. Nay: Alexander and
Morrison. Motion carried 4-2.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ARTICLE 5.100,
ALCOHOLIC BEVERAGES REGULATIONS AND DELETING SECTION 8.119, UNLAWFUL TO
CARRY ALCOHOLIC BEVERAGES OF THE CITY OF SAN ANGELO CODE OF ORDINANCES AS
RELATED TO THE TEXAS BANK SPORTS COMPLEX AND THE 29TH STREET RECREATION AREA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO,
TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL
OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC
BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS
AND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDING
SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX,
RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS
AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS
BANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND,
PROVIDING FOR AN EFFECTIVE DATE
Parks and Recreation Director Carl White presented background information. A copy of the presentation is part
of the permanent supplement file.
10. Page 806 Minutes
Vol. 102 July 12, 2011
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Farmer.
Councilmember Morrison expressed his concern of negative impacts of alcohol near and around youth activities
and spoke against the ordinance.
A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY:
Morrison. Motion carried 5-1. Motion carried unanimously.
PRESENTATION AND DISCUSSION OF THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL
HIGHWAY ADMINISTRATION MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES
City Engineer Clinton Bailey presented background information and distributed an excerpt of the manual. A
copy of the presentation and manual excerpt is part of the permanent supplement file.
General discussion was held on the regulatory compliance, uniform treatment of the installation of traffic control
devices, street classification, and obstructions of signs.
Councilmember Farmer suggested staff conduct a public meeting, specifically in the TLC area, to educate the
public of the regulations and compliance of said regulations.
DIRECTION TO STAFF TO PRESENT RECOMMENDED CHANGES TO SECTION 12.605 OF THE
SIGN ORDINANCE REGARDING OFF-SITE REGULATIONS FOR CG AND CG/CH ZONING
DISTRICTS THAT SPECIFY CORRIDORS WHERE SUCH SIGNAGE IS ALLOWED
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplement file.
Discussion was held on the variance criteria and meeting such criteria, the restrictive language and possibly
moderating the language, changing the map based on the growth and changes of the city’s thoroughfares,
criteria to quantify the installation of various signage.
Direction to staff to present recommended changes to the off-site regulations, specifically the city’s thoroughfare
map and variance criteria related to the installation of signage.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
SU 11-01: Apostolic House of Worship
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 1202 Preusser Street at northeast corner of Florence and Preusser
Streets, approving a Special Use to allow a day care on the site of a religious institutional establishment in a
Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplement file.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Morrison. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
SU 11-03: B.A. & Winkay Reed
11. Minutes Page 807
July 12, 2011 Vol. 102
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 3149 Red Bluff Rd East, approximately 385’ west of the intersection of
Red Bluff Rd East and Red Bluff Rd West, approving a Special Use to allow bed-and-breakfast establishment in
a Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplement file.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Morrison. Motion carried unanimously.
RECESS
At 12:15 P.M., Mayor New called a recess.
EXECUTIVE/CLOSED SESSION
At 12:38 P.M., Council convened in Executive Session under the provision of Government Code, Title 5.
Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.
Exceptions to Requirement that Meetings be Open, Section 551.072 to discuss the purchase, sale, exchange,
lease, or value of real property; and Section 551.087 to discuss an offer of financial or other incentive to 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.
OPEN SESSION (continued)
At 1:01P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 1:01P.M., Mayor New called a recess.
RECONVENE
At 1:13 P.M., Council reconvened, and the following business was transacted:
DENIAL OF A REQUEST FROM QUICKSAND PARTNERS, LTD. TO PURCHASE RAW WATER
FROM THE CITY OF SAN ANGELO
Water Utilities Director Will Wilde presented background information.
Discussion was held on the drought level stages, available water, selling water, equalization channel and related
transferred water, north and south Concho pools and transferring the water opposed to evaporation, Water
Master’s recommendation and bases of his recommendation, diversion points, staggered rates opposed to fixed
rates, reviewing and revising the conservation ordinance and drought contingency plan,
Motion, to grant the request, as presented, was made by Councilmember Silvas. Motion failed due to lack of a
second.
Motion, to grant the request with the limitation of 12 acre feet of water per week until October 31, 2011, was
made by Councilmember Alexander and seconded by Councilmember Hirschfeld.
Public comments were made by Ron Jones of Greystone Engineering and Citizen Jim Turner,
12. Page 808 Minutes
Vol. 102 July 12, 2011
A vote was taken on the motion on the floor. AYE: Alexander, Silvas, and Hirschfeld. NAY: New,
Morrison, and Farmer. Motion tied 3-3.
RECESS
At 2:21 P.M., Mayor New called a recess.
RECONVENE
At 2:32 P.M., Council reconvened, and the following business was transacted:
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
SU 11-02: Ray Zapata
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located approximately 285’ west of the intersection of
Old Knickerbocker Road and South Bryant Boulevard, approving a Special Use to allow placement of a “band
stand” or “stage” (categorized as major entertainment event) in a Light Manufacturing (ML) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplement file.
Discussion was held on the timing restriction, security concerns of surrounding property, industrial district
classification, the type of events proposed for the staging area, noise ordinance provisions, and amplified noise
levels.
Public comment was made by Proponent Ray Zapata.
Motion, to approve as written, including lifting the recommended time limit restriction, was made by
Councilmember Alexander. Motion failed due to lack of a second.
Motion, to introduce the Ordinance, as presented, was made by Mayor New and seconded by Councilmember
Farmer. Motion carried unanimously.
DISCUSSION AND CONSIDERATION OF OVERALL BUDGET GOALS AND POLICY
RECOMMENDATIONS RELATED TO:
Finance Director Michael Dane presented background information. A copy of the presentation is part of the
permanent supplement file.
Water Rates for Long-Term Water Supply
Franchise Fees
Landfill Financial Condition and Rate Discussion
Other Budget Related Issues
Mr. Dane stated staff will introduce the water rate ordinance and bond issuance ordinance at the next meeting.
Discussion was held on the water rate structure. Council agreed to adjust the base water rates by 29% and
increase the remaining classification rates by $1.31 each.
Councilmember Silvas left the meeting at 3:29 p.m. and returned at 3:49 p.m.
Discussion was held on the current property tax of 81.74 cents and the possibility of reducing said rate by 4
cents to 77.74 cents, increasing trash service by $1, increasing all franchise fees to 5%, and the impacts of said
adjustments to the various funds. He stated such adjustments would spread the total cost to all customers,
13. Minutes Page 809
July 12, 2011 Vol. 102
including non-profits and customers who have not paid such fees before. The consensus of the Council was to
move forward with the proposed adjustments. Staff will present the related ordinances associated with the
various proposed changes.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed July 12, 2011 Agenda and solicited Council
comments and suggestions.
Councilmember Morrison suggested naming the segment on 50th Street between Travis to Highway 208 as
Lakeview Memorial Drive and installing naming plaques at City Park in remembrance of the former Fire Station
Park.
Councilmember Alexander requested further discussion on the South Concho pool.
Councilmember Silvas commented on a constituent’s concerns regarding the sagging clothes worn by young
people. City Attorney Lysia H. Bowling remarked this is a delicate area and a potential free speech issues. She
stated indecent exposure concerns should be handled as a penal code violation.
Budget discussion and related matters.
Discussion and review of the water conservation and contingency plan.
Quicksand Golf Course owner’s request regarding use of raw water.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.
Motion carried unanimously.
The meeting adjourned at 4:17 P.M.
THE CITY OF SAN ANGELO
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
Alicia Ramirez, City Clerk
Annexes A->>>
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
14. Page 810 Minutes
Vol. 102 July 12, 2011
may be distorted due to equipment malfunction or other uncontrollable factors.)
15. City of San Angelo
Memo
Date: July 15, 2011
To: Mayor and Councilmembers
From: Tom Kerr, Assistant Director of Water Utilities
Subject: Agenda Item for July 19, 2011 Council Meeting
Contact: Tom Kerr, 657-4209
Caption: Consent Item
Consideration of award of bid for WU-4-11 High Service Pump Station No. 1
Rehabilitation and High Service Pump Station No. 2 Electrical Improvements to CSA
Construction, Inc. for $3,708,200 and authorizing the City Manager or his designee to
execute contract documents.
Summary: Bids were received from nine (9) contractors for High Service Pump Station No. 1
Rehabilitation and High Service Pump Station No. 2 Electrical Improvements. The
nine contractors that bid are CSA Construction, Inc., Mitchell Enterprises, Legacy
Contracting, Holloman Utilities, Red River Construction, Archer Western
Construction, Keystone Construction, Gracon Construction, and Purcell
Contracting. The low bid was provided by CSA Construction, Inc.
History: This project replaces Water Treatment Plant High Service Pump Station No. 1
which dates to the 1950’s and the electrical equipment for High Service Pump
Station No. 2 which is 1960’s vintage. These pump stations pump all treated
water out of the water plant to all areas of the City.
Financial Impact: Funded within the Capital Improvement Program.
Related Vision Item N/A
Other Information/ CSA Construction, Inc. (Craig, Sheffield and Austin) completed the last expansion
Recommendation: of the Water Reclamation Facility in 2003.
It is recommended that the bid be awarded to CSA Construction, Inc. and the City
Manager or his designee be authorized to execute all related contract documents.
Attachments: Bid Tab and Contract
Presentation: None
Publication: N/A
Reviewed by Will Wilde, Water Utilities Director, July 7, 2011.
Service Area
Director:
16. CITY OF SAN ANGELO
BID TABULATION * RFB NO: WU-04-11/High Service Pump-Rehab * July 6, 2011
Mitchell Legacy Holloman Red River Archer Western Keystone Gracon Purcell
No. Item CSA Enterprises Contracting Utilities Construction Construction Construction Construction Contracting
High Service Pumps-Replacement and
1 Rehabilitation. Stations 1 & 2 $ 3,408,000.00 $ 4,155,000.00 $ 3,667,995.00 $ 3,418,800.00 $ 3,544,400.00 $ 3,440,000.00 $ 4,050,000.00 $ 3,574,000.00 $ 3,613,000.00
2 Additional Work Allowance $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00
Design, Provide, Install and Maintain
3 $ 200.00 $ 2,600.00 $ 2,000.00 $ 200.00 $ 2,000.00 $ 2,000.00 $ 2,700.00 $ 1,000.00 $ 2,000.00
Trench Safety System (200 Ft)
Total Bid $ 3,708,200.00 $ 4,457,600.00 $ 3,969,995.00 $ 3,719,000.00 $ 3,846,400.00 $ 3,742,000.00 $ 4,352,700.00 $ 3,875,000.00 $ 3,915,000.00
Bid Bond: Yes Yes Yes Yes Yes Yes Yes Yes Yes
Bids Mailed To:
Big Country Water Works Brownwood TX
Archer-Western Contr. Arlington TX
Bar Constructors Lancaster TX
Benmark Supply Midland TX
Boyer, Inc. Houston TX
BRH-Garver Construction, LP Houston TX
Bryan Construction Bryan TX
Cajun Constructors Lewisville TX
CAS Construction Co. Wimberly TX
Craig, Sheffield and Austin Flower Mound TX
Craig, Sheffield and Austin Houston TX
Darnell & Dickson San Angelo TX
Eagle Contracting Keller TX
Garney Companies, Inc. Gardner KS
Gracon Construction Mesquite TX
HD Supply Waterworks Waco TX
Holloman Utilities Converse TX
Housley Communication Inc San Angelo TX
Joe Moore Pipeline Abilene TX
Lambda Construction New Braunfels TX
Laughlin-Thyssen, Inc. Houston TX
McGraw-Hill Dodge Reports Hot Springs AR
Morrison Supply San Angelo TX
Oscar Renda Contracting Roanoke TX
Purcell Contractors Waco TX
R.M. Wright Construction El Paso TX
Red River Construction Wylie TX
Reece Albert San Angelo TX
Roberts Construction San Angelo TX
SJ Louis San Antonio TX
Texas Water & Soil San Angelo TX
US Filter Waco TX
Utility Contractor of America Wolfforth TX
Western Industrial Supply Amarillo TX
O:2011 Agenda Packets07-19-11PUR WU-04-11 Bid Tab
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36. City of San Angelo
Memo
Date: July 8, 2011, 2011
To: Mayor and Councilmembers
From: Ron Lewis, Construction and Facilties Manager
Subject: Agenda Item for July 19, 2011, Council Meeting
Contact: Ron Lewis, Construction and Facilties Maintenance, 481.2773
Caption: Consent Item
Consideration of awarding Bid CED-02-11 Business Resource Center Asbestos Abatement and
authorizing the Mayor or City Manager to execute any and all necessary related documents:
Summary: X 8 Environmental, Inc. collected material samples and prepared an Asbestos
in Building Survey dated December 14, 2010. Specifications were prepared by X 8,
advertised by the COSA Purchasing Department and sealed bids were received and
opened on Wednesday, July 6, 2011. The Request for Bids (RFB: CED-02-11) for
Asbestos Abatement from the Former Coca Cola Building (Business Resource
Center) located at 69 N. Chadbourne resulted in eight bidder responses. After review
and evaluation, AAR, Inc. responded with the lowest responsible bid in the amount of
$47,000 (including $3,000 contingency amount)
Financial Impact: $47,000 COSADC Funds
Other Information/Recommendation: Staff recommends approving RFB: CED-02-11 to abate
Asbestos Containing Materials (ACM) from the Former Coca Cola Building (Business Resource
Center) located at 69 N. Chadbourne. Staff further asks City Council to allow Renew
Environmental, LLC to withdraw their bid, as requested, and direct staff to return their bid bond.
Attachments: CED-02-11 Bid Tab
RFB CED-02-11 Specifications with Draft Contract
Cover of Asbestos in Building Survey - Former Coca Cola – December 14, 2010
Cover of Supplemental Asbestos in Building Survey - Former Coca Cola – May 4,
2011
RFB No. CED-02-11Asbestos Abatement-BRC
Presentation: None
Publication: NA
Reviewed by Director: Shawn Lewis, Director of Community and Economic Development,
July 8, 2011
l Page 1
37. CITY OF SAN ANGELO
REQUEST FOR BIDS
RFB No: CED-02-11
Community and Economic Development Division
Business Resource Center
Asbestos Abatement
Contract Documents
Specifications
City of San Angelo
106 South Chadbourne
San Angelo, Texas, 76903
RFB SUBMITTAL DEADLINE
No later than May 27, 2010, 2:00 P.M., Local Time
38.
39. Table of Contents
This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Bidders
are responsible for reading the entire proposal package and complying with all specifications.
Table of Contents
INVITATION TO BID...................................................................................................................................................... 1
SCOPE OF WORK ......................................................................................................................................................... 1
DOCUMENT, PLANS AND SPECIFICATIONS AVAILABILITY .................................................................................................. 1
DIGITAL FORMAT ......................................................................................................................................................... 1
INSURANCE AND INDEMNIFICATION REQUIREMENTS ......................................................................................................... 1
QUALIFICATION STATEMENT.......................................................................................................................................... 1
PRE-BID CONFERENCE AND SITE INVESTIGATION ............................................................................................................ 1
DELIVERY OF PROPOSAL DEADLINE ............................................................................................................................... 1
REJECTION OF BIDS ..................................................................................................................................................... 2
BID WITHDRAWAL ........................................................................................................................................................ 2
CONFIDENTIALITY......................................................................................................................................................... 2
EQUAL OPPORTUNITY EMPLOYERS ................................................................................................................................ 2
TENTATIVE PROJECT SCHEDULE ................................................................................................................................... 2
POINTS OF CONTACT .................................................................................................................................................... 3
1. INSTRUCTIONS TO BIDDERS............................................................................................................................ 5
1.1 BIDS ............................................................................................................................................................. 5
1.1.1 Submission of Bid................................................................................................................................... 5
1.1.2 Required Response................................................................................................................................ 5
1.1.3 No Bid Instructions ................................................................................................................................. 5
1.1.4 Modifications – Corrections, Deletions or Additions ............................................................................... 5
1.1.5 Bid Form ................................................................................................................................................. 5
1.1.6 Withdrawal of Bids.................................................................................................................................. 6
1.1.7 Rejection of Bids .................................................................................................................................... 6
1.1.8 Award and Execution of Documents ...................................................................................................... 6
1.1.9 Bid Security ............................................................................................................................................ 7
1.1.10 Return of Bid Security ........................................................................................................................ 7
1.1.11 Interpretations.................................................................................................................................... 7
1.1.12 Taxes and Permits ............................................................................................................................. 7
1.1.13 Examination of Contract Documents ................................................................................................. 8
1.1.14 Familiarization with the Type of Work ................................................................................................ 8
1.1.15 Soils Testing Specifications ............................................................................................................... 8
1.1.16 Subcontractors and Suppliers............................................................................................................ 8
1.1.17 Copies of Contract Documents .......................................................................................................... 9
1.1.18 Performance and Payment Bonds ..................................................................................................... 9
1.1.19 Quantities are Approximate ............................................................................................................... 9
1.1.20 Employment Requirements and Wage Rates .................................................................................... 9
2. PROJECT AGREEMENT FORM (DRAFT) ........................................................................................................ 15
3. GENERAL CONDITIONS................................................................................................................................... 33
3.1. GENERAL CONDITIONS ................................................................................................................................. 33
3.2. DEFINITIONS ................................................................................................................................................ 33
3.3. NOTICE TO PROCEED AND THE PRECONSTRUCTION CONFERENCE .................................................................... 35
3.4. OWNERSHIP, COPIES OF DOCUMENTS, AND RECORD DOCUMENTS ................................................................... 35
3.5. COOPERATION BETWEEN CONTRACTORS ...................................................................................................... 35
3.6. SUBCONTRACTS .......................................................................................................................................... 36
3.7. PATENT FEES AND ROYALTIES ...................................................................................................................... 36
3.8. PERMITS, LAWS, TAXES, AND REGULATIONS .................................................................................................. 36
3.9. AVAILABILITY OF LANDS/SITE ....................................................................................................................... 36
3.10. USE OF PREMISES ....................................................................................................................................... 36
3.11. OWNER'S STATUS DURING CONSTRUCTION.................................................................................................... 36
i
40. 3.12. OWNER'S INTERPRETATIONS AND DECISIONS ................................................................................................. 37
3.13. SHOP DRAWINGS AND SAMPLES ................................................................................................................... 37
3.14. REQUIRED TESTS AND INSPECTIONS BY LAW .................................................................................................. 37
3.15. CONTRACTOR'S SUPERVISION AND SUPERINTENDENCE ................................................................................... 37
3.16. SAFETY AND PROTECTION ............................................................................................................................ 38
3.17. ACCESS TO THE WORK ................................................................................................................................ 38
3.18. CHANGES IN THE WORK ............................................................................................................................... 38
3.19. CHANGES OF CONTRACT PRICE .................................................................................................................... 39
3.20. EXTRA WORK. ............................................................................................................................................. 39
3.21. CHANGE OF CONTRACT TIME ........................................................................................................................ 39
3.22. NEGLECTED WORK ...................................................................................................................................... 40
3.23. WARRANTY AND GUARANTEE REGARDING DEFECTIVE WORK.......................................................................... 40
3.24. WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS ..................................................................................... 40
3.25. CITY'S RIGHT TO STOP OR SUSPEND WORK ................................................................................................... 40
3.26. CITY'S RIGHT TO TERMINATE ........................................................................................................................ 41
3.27. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE ................................................................................... 41
3.28. ASSIGNMENT AND SUBLETTING ..................................................................................................................... 41
3.29. ABANDONMENT BY CONTRACTOR.................................................................................................................. 41
3.30. ABANDONMENT BY OWNER........................................................................................................................... 42
3.31. WORKER’S COMPENSATION INSURANCE REQUIREMENTS ................................................................................ 42
3.31.1 Definitions ........................................................................................................................................ 42
3.31.2 Workers’ Compensation Insurance Coverage ................................................................................. 42
3.31.3 Failure to Maintain Adequate Insurance Coverage.......................................................................... 43
3.32. CONTRACT MEASUREMENT AND PAYMENT ..................................................................................................... 43
3.32.1 Quantities and Measurements ......................................................................................................... 43
3.32.2 Estimated Quantities ....................................................................................................................... 43
3.32.3 Price of Work ................................................................................................................................... 44
3.32.4 Partial Payment Estimates .............................................................................................................. 44
3.32.5 Deadline .......................................................................................................................................... 44
3.32.6 Payment .......................................................................................................................................... 44
3.32.7 Warranty .......................................................................................................................................... 44
3.32.8 Approval of Payments ..................................................................................................................... 45
3.33. SUBSTANTIAL COMPLETION .......................................................................................................................... 45
3.34. PARTIAL UTILIZATION ................................................................................................................................... 45
3.35. FINAL PAYMENT .......................................................................................................................................... 45
3.36. PAYMENTS WITHHELD .................................................................................................................................. 46
3.37. DELAYED PAYMENTS ................................................................................................................................... 46
3.38. WORKING DAY ............................................................................................................................................ 46
3.39. CHARACTER OF EMPLOYEES......................................................................................................................... 46
3.40. INSPECTION OF THE WORK ........................................................................................................................... 46
3.41. UNAUTHORIZED WORK ................................................................................................................................. 47
3.42. CONFORMITY WITH CONTRACT DOCUMENTS................................................................................................... 47
3.43. MATERIALS ................................................................................................................................................. 47
3.43.1 Materials and Equipment ................................................................................................................. 47
3.43.2 Right of the City to Modify Equipment and/or Methods.................................................................... 47
3.43.3 Owner Furnished Materials ............................................................................................................. 47
3.43.4 Material Storage .............................................................................................................................. 48
3.44. PROJECT MEETINGS .................................................................................................................................... 48
3.44.1 Pre-construction Meeting ................................................................................................................. 48
3.44.2 Progress Meetings........................................................................................................................... 49
3.45. CONSTRUCTION ADMINISTRATION.................................................................................................................. 49
3.45.1 Notices to Owners and Authorities .................................................................................................. 49
3.45.2 Notification of Street Closing ........................................................................................................... 49
3.45.3 Detours and Barricading .................................................................................................................. 49
3.45.4 Unfavorable Construction Conditions .............................................................................................. 49
3.45.5 Cleaning Up ..................................................................................................................................... 49
3.45.6 Restoration of Work Site .................................................................................................................. 49
3.45.7 Site Administration........................................................................................................................... 50
3.45.8 Load Restrictions ............................................................................................................................. 50
3.45.9 Applicable Codes............................................................................................................................. 50
3.46 SITE INVESTIGATION..................................................................................................................................... 50
4. SPECIFICATIONS ............................................................................................................................................. 51
ii
41. 5. BID FORMS ....................................................................................................................................................... 53
DISCLOSURE OF CERTAIN RELATIONSHIPS ................................................................................................................... 55
DEBARMENT AND SUSPENSION CERTIFICATION ............................................................................................................. 59
CONTRACTOR REFERENCES........................................................................................................................................ 61
LIST OF SUBCONTRACTORS AND SUPPLIERS ............................................................................................................... 63
REQUIRED QUALIFICATION DOCUMENTS....................................................................................................................... 65
BID PROPOSAL .......................................................................................................................................................... 67
iii
43. City Of San Angelo
Purchasing Department
P.O. Box 1751, San Angelo, Texas 76902-1751
Tel: (325) 657-4219
INVITATION TO BID
Scope of Work
The work specified herein shall be the removal and disposal of asbestos-containing materials by competent
persons; trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos
containing and asbestos contaminated materials and the subsequent cleaning of contaminated areas, who
comply with all applicable Federal, State, and Local regulations and are capable of and willing to perform the
work of this Contract.
The successful bidder shall furnish all necessary labor, supervision, tools, supplies, insurance and required
equipment to perform the work in a workman like manner. All work performed is subject o the provisions of Part
40 CFR, Texas Department of Health, all local, State and Federal codes and regulations and these specification.
.
Asbestos abatement is to be performed for City of San Angelo at:
Business Resource Center (Former Coca Cola)
69 North Chadbourne
San Angelo, Texas
Document, Plans and Specifications Availability
Contract documents, including plans and specifications are available and may be examined without charge in the
Purchasing Department, 106 South Chadbourne, Room 204, San Angelo, Texas.
Bid documents, plans, and specifications may be obtained at the Purchasing Department, 106 South.
Chadbourne, Room 204, or they may be downloaded at the City’s website at:
1. www.sanangelotexas.us
2. City Departments
3. Purchasing
4. Bid Information
5. 2011 Bidding Opportunities
Digital Format
If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be
submitted in hard copy according to the instructions contained in this bid package. If, in its bid response,
Respondents makes any changes whatsoever to the published bid specifications, the bid specification as
published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the
contract is executed and is or is not being performed the contract is subject to immediate cancellation without
recourse.
Insurance and Indemnification Requirements
Insurance and indemnification requirements applicable to this project are included within the draft Project
Agreement Form included within this bid package. Please read the bold note at the top of the first page of the
draft Project Agreement Form and review the insurance and indemnification requirements listed in Section 5 of
that form with your insurance agent prior to submitting your bid.
Qualification Statement
Prospective bidders should be advised that a qualification statement is required.
Pre-Bid Conference and Site Investigation
A mandatory pre-bid conference will be held on, May 18, 2010 at 1:30 P.M., Local Time at the Business
Resource Center (Former Coca Cola Offices), 69 North Chadbourne, San Angelo, Texas. Representatives of
the City will discuss bid conditions and answer questions regarding bid procedures.
At this time, all potential bidders must perform a site investigation as a pre-requisite to bid.
Delivery of Proposal Deadline
Sealed proposals will be received until May 27, 2010, 2:00 PM, Local Time. Bidders are requested to
submit one (1) original and two (2) copies of all required bid forms and all other required documents.
RFB: CED‐02‐11/Asbestos Abatement‐BRC Page 1
44. Submissions not received by the bidding deadline will be rejected, unopened and returned. The clock located in
the Purchasing Department will be the official time
The proposal should be addressed as reflected below:
USPS City of San Angelo
Purchasing Department
RFB: CED-02-11
P. O. Box 1751
San Angelo, Texas 76902-1751
Mark Sealed Envelope: “RFB No. CED-02-11/Asbestos Abatement-BRC”
Delivery Service: City of San Angelo
Purchasing Department
RFB: CED-02-11
106 South Chadbourne, Room 204
San Angelo, Texas 76903
Mark Sealed Envelope: “RFB No. CED-02-11/Asbestos Abatement-BRC”
Mark Delivery Container/Envelope: “Sealed Bid Enclosed”
It is the sole responsibility of the firm to ensure that the sealed submittal arrives at the above location by
specified deadline regardless of method chosen by the company for delivery. Bids not received on time will
be rejected.
Faxed or electronically transmitted submittals will not be accepted
Rejection of Bids
The City of San Angelo reserves the right to reject all bids, to waive informalities or irregularities, and to reject
non-conforming, non-responsive, or conditional bids.
Bid Withdrawal
No bid may be withdrawn within a period of 30 days after the date fixed for opening bids.
Confidentiality
All bids submitted shall remain confidential. After award, proposals will be made available for public inspection.
The City shall not be responsible for the confidentiality of any trade secrets or other information contained or
disclosed in the proposal unless clearly identified.
Equal Opportunity Employers
All contractors and subcontractors must be Equal Opportunity Employers. Disadvantaged and Minority Bidders
are encouraged to participate.
Tentative Project Schedule
a. Project Walk-through: Friday, May 18, 2011, 1:30 P.M.
b. Bid Opening: May 27, 2011, 2011, 2:00 P.M.
c. Contract Award: Upon City Council approval (if required)
d. Performance and/or Payment Bond Due Date: Immediately following Notice To Proceed.
e. Insurance Certificates Due Date to the City: Immediately following Notice To Proceed.
f. Construction Meeting: First Day of Project
g. Notification Date: In sufficient time to start on the selected start date.
RFB: CED‐02‐11/Asbestos Abatement‐BRC Page 2
45. Note:
No work may begin until Notice to Proceed is given by the building owner or his representative.
No abatement procedures may begin unless the consultants project manager is on site and is notified that
work is about to begin.
Points of Contact
Laura Brooks, Purchasing Specialist Ron Lewis, Manager
Purchasing Division Construction and Facilities Maintenance
City of San Angelo City of San Angelo
P.O. Box 1751 P.O. Box 1751
San Angelo Texas, 76902 San Angelo Texas, 76902
Email: laura.brooks@sanangelotexas.us Email: ron.lewis@sanangelotexas.us
Telephone: (325) 657-4219 Telephone: (325) 481-2773
RFB: CED‐02‐11/Asbestos Abatement‐BRC Page 3
47. CITY OF SAN ANGELO
PURCHASING DIVISION
P.O. Box 1751, San Angelo, Texas 76902-1751
Tel: (325) 657-4219
1. INSTRUCTIONS TO BIDDERS
1.1 BIDS
1.1.1 SUBMISSION OF BID
Each Bid and accompanying data shall be enclosed in a sealed opaque envelope or wrapping, addressed to
the City of San Angelo, Texas, marked BID ENCLOSED and identified on the outside with the Bidder's name
and with the bid number and/or title as stated in the Invitation to Bid. The City will not be responsible for the
premature opening of any proposal which is not submitted in a satisfactory BID ENVELOPE or which is not
properly addressed and identified.
If the Bid is sent by carrier (Fed Ex, UPS, etc), the sealed envelope shall be enclosed in the carrier’s
packaging with the notation "BID ENCLOSED" on the face thereof.
Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in
the Invitation to Bid, or the modified time and date indicated by Addendum. Bids received after the time and
date for receipt of Bids will be returned unopened.
Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. No
Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one
firm or association.
1.1.2 REQUIRED RESPONSE
The City requires a response to any RFB’s mailed to potential bidders. Should a company receive
an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s
Potential Bidders List you must submit a “No Bid”.
1.1.3 NO BID INSTRUCTIONS
To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact
Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be
removed from the bidders list.
1.1.4 MODIFICATIONS – CORRECTIONS, DELETIONS OR ADDITIONS
No phone, fax, or email changes to bids will be accepted. Prices cannot be changed after bids are opened.
Corrections, deletions, or additions shall be submitted in writing and delivered in a sealed envelope prior to
bid opening.
1.1.5 BID FORM
Bids by corporations must be executed in the corporate name by the president or vice-president (or other
corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and
attested by the secretary or an assistant secretary. The state of incorporation shall be shown below the
corporate name. Bids by partnerships must be executed in the partnership name and signed by a partner;
title and the official address of the partnership must be shown below the signature. Bids by joint ventures
shall be signed by each participant in the joint venture or by an authorized agent of each participant.
The names of all persons signing must also be legibly printed below the signature. A Bid by a person who
affixes to his signature the word "president", "secretary", “agent", or other designation without disclosing his
principle may be held to be the Bid of the individual signing. When requested by the City, evidence of the
authority of the person signing shall be furnished.
Bid forms must be completed in ink. All blank spaces in the Bid Form shall be filled. A bid price shall be
indicated for each item and alternative listed therein, or the words "No Bid", "No Charge", or other
appropriate phrase shall be entered. Bids received without all such items completed may be considered
non- responsive.
The Bidder is not required to acknowledge receipt of Addenda but shall include all addenda in Bidder’s
response. No alterations in Bids or alterations made to the printed forms, by erasures, interpolations, or
otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder.
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48. 1.1.6 WITHDRAWAL OF BIDS
Bids may be modified or withdrawn by contacting the Purchasing Department and requesting withdrawal any
time prior to opening of Bids. Notice must be in writing. Notices by email, fax, or phone will not be
accepted.
1.1.7 REJECTION OF BIDS
The City reserves the right to reject all bids, and does not bind himself to accept the lowest bid or any
proposal for this work or any part thereof and shall have the right to ask for new bids for the whole or parts,
should he desire to do so.
1.1.8 AWARD AND EXECUTION OF DOCUMENTS
It is not the policy of the City to purchase based on low bids alone.
The award of the bid, if it is awarded, will be to the Bidder whose qualifications indicate the award
will be in the best interest of the City; Bid complies with all the prescribed requirements and
provides the best value as determined by the City.
In evaluating Bids, the City shall consider the Criteria for determining Lowest Responsible Bidder
adopted by the City Council and included herein.
The following criteria will be used in determining “best value“:
The overall purchase price;
The quality of the vendor’s goods or services;
Was the bid received within the time and date specified in the Request for Bid (RFB)?
Was the bid executed by a person authorized to sign for the company?
Was pricing provided as requested in the Request for Bids?
Does the bid meet the minimum specifications?
Does the bidder and bidder’s subcontractors have adequate experience and technical
experience to successfully fulfill the contract requirements?
Did the bidder provide a list of references to include company or individual name, contact
person, phone number?
Does the bidder have a good reputation for their goods and services?
Did the bidder provide a list of projects of similar size and dollar amount as this project?
What is the bidder’s quality and performance on previous City contracts?
Is the bidder on the federal, state, or other department debarment/suspension lists?
Has the bidder been terminated from a project for non-compliance or substandard work?
Does the bidder have the financial resources successfully complete the project? For
example, equipment, materials, labor, etc.
Can the bidder provide a performance and payment bond in an amount equal to the total
amount of the project?
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49. Does the bidder have a permanent place of business?
Does the bidder have a satisfactory safety record?
Does the bidder have adequate staff available to complete the project within the time
frame specified?
Can the bidder provide the required insurance coverages as specified?
Does the vendor’s have a good working relationship with the City
Has the bidder or bidder’s subcontractors been convicted of any criminal acts?
The total long-term cost to the City to acquire the vendor’s goods or services; and
Any other relevant factor specifically listed in the request for bids and proposals.
In analyzing Bids, the City may take into consideration alternates and unit prices if requested by
the Bid forms.
The City reserves the right to reject any or all Bids, to waive any or all informalities, and to reject
nonconforming, non-responsive, or conditional bids.
Failure of the selected Bidder to deliver the required Contract Documents, including the required
Bonds and insurance, within thirty (30) days of the Notice of Award to the selected Bidder shall be
just cause for the City to annul the award and declare the Bid and any guarantee thereof forfeited,
not as a penalty, but as liquidation of damages to the City.
1.1.9 BID SECURITY
Each proposal greater than $25,000 must be accompanied by a Bid Bond, Certified or Cashier's Check (on
a solvent bank in the State of Texas), drawn to the order of the City in the sum of not less than five percent
(5%) of the total amount of the proposal. The bid bond must be executed by a surety meeting the
requirements set forth in Section 2, General Conditions. The bid security shall be made payable without
condition to the City of San Angelo, Texas.
1.1.10 RETURN OF BID SECURITY
The bid security of the successful Bidder will be retained until he has executed the contract agreement and
furnished the required Contract Security and insurance, whereupon checks furnished as bid security will be
returned. The bid security of any Bidder whom City believes to have a reasonable chance of receiving the
award may be retained by City until the day after the required documents are delivered by the selected
Bidder to the City but not to exceed 60 days after the Bid opening. Checks furnished as bid security by
other Bidders will be returned within 30 days of the Bid opening.
1.1.11 INTERPRETATIONS
All questions about the meaning or intent of the Contract Documents shall be submitted to the City in writing
at least 10 days prior to bid opening date. Replies will be issued by Addenda mailed, faxed, emailed, or
delivered to all parties recorded by the City as having received the bid documents. Questions received less
than ten days prior to the date for opening of Bids will not be answered. Only questions answered by formal
written Addenda will be binding. Oral interpretations or clarifications will be without legal effect.
1.1.12 TAXES AND PERMITS
Attention is directed to the requirements of Section 2, General Conditions regarding payment of taxes and
obtaining permits. All taxes that are lawfully assessed against the City or Selected Bidder in connection with
the Work shall be paid by the selected Bidder. The bid prices shall include all such taxes and the costs of all
required permits. The City is exempt from State Sales Tax. The City's State Sales Tax Exemption
Number is 75-6000-659.
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50. 1.1.13 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with the Contract Documents. The submission of a
bid shall constitute an acknowledgment that the bidder has thoroughly examined and is familiar with the
contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents
shall in no way relieve him from any obligations with respect to his bid or to the contract. No claim for extra
or additional compensation will be allowed based upon a lack of knowledge of any contract document, and
the City will in no case be responsible for any loss or for unanticipated costs that may be suffered by the
selected Bidder as a result of conditions pertaining to the work.
1.1.14 FAMILIARIZATION WITH THE TYPE OF WORK
Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, local labor
conditions and all laws, regulations, and other factors affecting performance of the Work. He shall carefully
correlate his observations with requirements of the Contract Documents and otherwise satisfy himself of the
expense and difficulties attending performance of the Work. The submission of a Bid will constitute a
representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of
such familiarization.
1.1.15 SOILS TESTING SPECIFICATIONS
The Contractor will be allowed to conduct soils investigations within the alignment of the proposed Project,
as they can be coordinated with the City and appropriate landowners during the Bid preparation phase. All
such investigations must be coordinated through the City.
1.1.16 SUBCONTRACTORS AND SUPPLIERS
When requested by the City, within 24 hours of bid opening, the apparent low Bidder, and any other Bidder
so requested, shall submit a list of all Subcontractors he expects to use in the Work.
SUBCONTRACTOR QUALIFICATION
Particular consideration will be given to the qualifications of each Subcontractor proposed to perform
more than 5 per cent (5%) of the Work.
The successful Bidder will submit to the City for acceptance a final list of the names of subcontractors
and such other persons and organizations (including those who are to furnish materials or equipment
fabricated to a special design) identifying that portion of the Work to be performed by each
subcontractor within fourteen (14) days of the issuance of Notice of Award.
Subcontractors will be evaluated utilizing “Criteria for Determining Lowest Responsible Bidder” as
contained herein. The City will notify the successful Bidder in writing if, after due investigation, there is
objection to any Subcontractor, person, or organization on such list.
If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to
such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his
Bid Security. Additional requirements for subcontractors are contained within Section 2, entitled
General Conditions, of this document.
The failure of the City to make any such objection prior to the execution and delivery of the Agreement
shall constitute an acceptance of such Subcontractor, person, or organization. Such acceptance a
Subcontractor, person or organization shall not: (1) constitute a waiver of any right of the City to reject
defective Work, Material, or Equipment, or Work, Material, or Equipment not in conformance with the
requirements of the Contract Documents; or (2) constitute a waiver of Contractor’s complete and total
liability for any defective Work, Material, or Equipment, or Work Material or Equipment not in
conformance with the requirements of the Contract Documents whether or not provided by or performed
by any such Subcontractor.
If the City registers objection to and refuses to accept a Subcontractor, person, or organization list the
successful Bidder may either (1) submit an acceptable substitute without an increase in his Bid price or
(2) withdraw his Bid. If the City raises objection to a Subcontractor, person, or organization after the
execution and delivery of the Agreement, the Contractor will submit an acceptable substitute and the
Contract Price shall be increased or decreased by the reasonable difference in cost occasioned by such
substitution and an appropriate Change Order shall be issued. In the event that prior objection is raised
as described above, but the Contractor fails to submit an acceptable substitute prior to execution and
delivery of the Agreement, no increase in Contract Price shall be allowed.
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51. SUPPLIERS
The list of Subcontractors shall also include the suppliers and manufacturers of the principal items of
materials and equipment the Bidder expects to use in the Work.
1.1.17 COPIES OF CONTRACT DOCUMENTS
The selected Bidder to whom a contract is awarded will be furnished, without cost to him, five (5) copies of
the specifications and five (5) sets of the drawings, together with all Addenda thereto. Additional copies of
specifications and drawings may be obtained from the City at the cost stated in the Invitation to Bid.
1.1.18 PERFORMANCE AND PAYMENT BONDS
(a) Having satisfied all conditions of award as set forth elsewhere in these documents, the
successful bidder shall furnish bond(s) each in a penal sum of at least the full amount of the
contract as awarded in the form included in the specifications, which secures the faithful
performance of the contract, and for the payment of all persons, firms or corporations to whom the
selected Bidder may become legally indebted for labor, materials, tools, equipment, or service, of
any nature, employed or used by him in performing the work. Such bond(s) shall bear the same
date as or a date subsequent to, the date of the contract.
(b) On each such bond the rate of premium shall be stated, together with the total amount of the
premium charged. The current power of attorney for the person who signs for any surety company
shall be attached to such bond.
(c) The failure of the successful bidder to supply the required bonds within thirty (30) days after the
prescribed forms are presented for signature, or within such extended period as the City may grant
based upon reasons determined adequate by the City, shall constitute a default, and the City may
either award the contract to the next responsible bidder or re-advertise for bids, and may charge
against the bidder the difference between the amount of the bid and the amount for which a
contract for the work is subsequently executed, irrespective of whether the amount thus due
exceeds the amount of the bid guarantee.
(d) Performance and Payment Bonds shall be delivered to the Purchasing Department.
1.1.18.1 WAIVER OF PERFORMANCE AND PAYMENT BONDS
Performance and Payment Bonds may be waived under the following circumstances:
1) The Payment Bond is not required if the contract sum is twenty-five thousand ($25,000.00)
Dollars or less,
2) The Performance Bond is not required if the contract sum is less than one-hundred thousand
($100,000.00) Dollars, and
3) The selected bidder provides a current certificate of Insurance listing coverages in the amounts
required herein.
1.1.19 QUANTITIES ARE APPROXIMATE
The quantities named in the bid-agreement form or separately listed are approximate only, but these are to
be used as a basis for the comparison of proposals and to determine the amount of the bonds. However, if
a unit price appears to the City to be unbalanced to such an extent that changes in actual quantities required
under the contract might result in contract price adjustments which would increase payments to the selected
Bidder excessively, then the City may take such a condition under consideration in making the award of the
contract.
1.1.20 EMPLOYMENT REQUIREMENTS AND WAGE RATES
1.1.20.1 GENERAL
The award of this contract shall be based in part upon payment by the selected Bidder and his
Subcontractors of wage rates not less than the general prevailing rate of per diem wages for work of a
similar character in the locality in which the Work is performed, and not less than the general prevailing
rate of per diem wages for legal holiday and overtime work.
The selected Bidder shall comply with all requirements of the prevailing wage law of the State of Texas,
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52. Texas Government Code, Chapter 2258, including the latest amendments thereto.
The prevailing wage law does not prohibit payment of more than the general prevailing rate of wages.
1.1.20.2 RECORDS
The selected Bidder and each Subcontractor shall keep an accurate record showing the names and
occupations of all laborers, workers, and mechanics employed, together with the actual wages paid to
each worker. At all reasonable hours, such records shall be open to inspection by the representatives
of City.
1.1.20.3 Penalty
If the selected Bidder or any Subcontractor fails to comply with the prevailing wage law, he shall forfeit
to City sixty dollars ($60.00) per day for each laborer, workman, or mechanic who is paid less than the
specified rate, pursuant to §2258.023 of the Texas Government Code.
1.1.20.4 HOURS OF LABOR
The selected Bidder shall comply with all requirements of the hours of work on public works defined by
Texas Government Code §650.001, including the latest amendments thereto, as an eight (8) hour work
day. Violation of this provision is punishable by fine and imprisonment pursuant to §650.003 of the
Texas Government Code.
1.1.20.5 VETERANS PREFERENCE
Pursuant to Texas Government Code, §657.004, the selected Bidder shall give preference in
employment to honorably discharged veterans who were engaged in the services of the United States
in time of war or conflict and who are and have been citizens of Texas for not less than five (5) years.
1.1.20.6 PREVAILING WAGE AND HOUR DECISION
Chapter 2258 of the Texas Government Code requires contractors and subcontractors performing work
on public works contracts to pay wages at a rate consistent with the rate prevailing in the area. Under
federal law, the United State Department of Labor is required to maintain a prevailing Wage and Hour
decision for each geographical area. Compliance with the published decision meets the requirements
of the Texas Government Code.
Additionally, the Davis-Bacon Act and other related federal law requires all contractors and
subcontractors performing work on federal construction contracts or federally assisted contracts in
excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe
benefits for corresponding classes of laborers and mechanics employed on similar projects in the area.
If more than $2,000 of federal funds are included in the funding source for this project, then the
following provisions apply:
1. If the Wage Decision lists fringe benefits, you must either provide the benefits or pay the hourly
equivalent in cash in addition to the predetermined wage.
2. Labor classifications not appearing on the Wage Decision will be deferred to the U.S.
Department of Labor (DOL) for approval.
3. Certified, original payrolls covering a seven (7) day period (seven consecutive days) must be
submitted to the Construction and Facilities Maintenance Department within seven (7) days
after a pay period ends. The forms are available online at
http://www.dol.gov/esa/forms/whd/wh347instr.htm
Each form must be certified, signed, and mailed to:
Ron Lewis
Construction and Facilities Maintenance
City of San Angelo
P.O. Box 1751
San Angelo, Texas 76902
4. The General Contractor and all subcontractors must submit the HUD 5282 form authorizing an
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