City Council July 19, 2011 Agenda Packet

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City Council July 19, 2011 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, July 19, 2011 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 6:30 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation “Americans Disability Act Awareness Day – July 26, 2011” to be accepted by Bernie Coffee, Disability Program Navigator of the Concho Valley Workforce Development Board, Workforce Solutions D. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the July 12, 2011 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any necessary related documents: a. WU-04-11: High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2 Electrical Improvements, Craig, Sheffield and Austin Construction, Inc. (Flower Mound, TX), $3,708,200.00 b. CED-02-11: Business Resource Center Asbestos Abatement, AAR, Inc. (Liberty Hill, TX), $47,000.00 3. Consideration of approving a recommendation of the City of San Angelo Development Corporation (COSADC) to authorize the COSADC President to negotiate the terms of a consulting agreement with AngelouEconomics, Inc. as the firm to design, implement, and deliver a comprehensive Economic Development Strategic Plan for the City of San Angelo, and authorizing the COSADC President to execute a contract with recommended firm on behalf of the corporationCity Council Agenda Page 1 of 5 July 19, 2011
  2. 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. 3. breakfast establishment in a Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 9. First public hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit "A" of the City of San Angelo Code of Ordinances regarding the maximum permitted accessory building floor area in Ranch & Estate districts AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, OF THE CITY OF SAN ANGELO, TEXAS, BY AMENDING SUBSECTION 402.A.2 PROVIDING A MAXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E) DISTRICTS; BY AMENDING SUBSECTION 203.B.1; PROVIDING FOR ADMINISTRATIVE ADJUSTMENTS PERMITTED FOR FLOOR AREA OF RESIDENTIAL ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver) 10. Consideration of amendment to Vision Plan component of the San Angelo Comprehensive Plan Update adopted in 2009, on properties in the vicinity of Houston Harte Expressway, extending east from North Bell Street to 450’ east of North Montague Street (Presentation by Planning Manager AJ Fawver) 11. Consideration of approval and public hearing of the 2011 Annual Action Plan for use of CDBG and HOME funds and authorizing City Manager to execute the annual applications, required certifications, and related documents (Presentation by Neighborhood and Family Services Director Bob Salas) 12. Update on construction budgets for City Hall, Old Library, Central Plant, and Utility Billing Office and any action related thereto (Presentation by Assistant City Manager Elizabeth Grindstaff) 13. Consideration of issuing Change Order #1 to the contract with Stoddard Construction Management Inc. (SCMI) (PUR-04-10B) for the construction of a basement and the installation and hook up of HVAC Equipment for the City Hall Plaza buildings ($1,811,007.50) and for the additional work related to the Auditorium ($180,856.41) and authorizing the City Manager or his designee to negotiate a contract and execute any related documents (Presentation by Construction Manager David Knapp) 14. Consideration of awarding a bid REC-01-11 for Pool Renovation to Mega Contractors Inc. (Ft. Worth, TX) for in the amount of $2,725,000.00, including an additional $184,113.00 for contingency, landscaping and irrigation outside of the contract, authorizing the City Manager or his designee to negotiate and execute a contract and any related documents (Presentation by Construction Manager David Knapp)City Council Agenda Page 3 of 5 July 19, 2011
  4. 4. 15. Consideration of authorizing staff to negotiate an agreement between the City of San Angelo and Texas Outdoors Consulting for professional services for State (PK-01-11) in the amount of $39,450 for the development of a Parks & Recreation Master Plan and a Recreation Use Plan for the Twin Buttes Reservoir and authorizing the Mayor and/or the City Manager to execute said agreement (Presentation by Parks and Recreation Director Carl White) 16. Discussion and possible action regarding the Water Conservation and Drought Contingency Plan (Presentation by Water Utilities Director Will Wilde) 17. Consideration of granting a request from Quicksand Partners, Ltd. to purchase raw water from the City of San Angelo and any action in connection thereto (Presentation by Water Utilities Director Will Wilde) 18. First Public Hearing and consideration of introduction of an Ordinance amending the monthly water base rates and usage rates AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 “MONTHLY WATER RATES” TO REPEAL SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW MONTHLY BASE RATES FOR VARIOUS METER SIZES AND USAGE RATES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Finance Director Michael Dane) 19. Public Hearing and consideration of adopting an Ordinance authorizing the issuance and sale of City of San Angelo, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2011B, for capital improvement projects consisting of improvements and extensions to the Citys water system, including groundwater production facilities and collection, treatment, storage and transmission facilities to develop the hickory well field for the Citys water system; levying an annual ad valorem tax and providing for the payment of said certificates; providing an effective date; and enacting other provisions relating to the subject (Presentation by Finance Director Michael Dane) 20. Discussion of stormwater utility fee revenue, budget expenditures and program activities (Presentation by City Engineer Clinton Bailey) 21. Discussion of the 2011-2012 budget goals, policy, and all City funds, including, but not limited to, the Water Fund, Waste Water Fund, other funds, and fund balances, and any action in connection thereto (Presentation by Finance Director Michael Dane) 22. First Public Hearing and consideration of introduction of an Ordinance amending established boundaries of Single Member District 1 AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY UNINHABITED ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE (Presentation by City Clerk Alicia Ramirez) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 23. Consideration of matters discussed in Executive/Session, if needed 24. Consideration of confirming the Civil Service Commission nominee, Teresa Special, by City Manager and approval of same by City Council 25. Consideration of Future Agenda ItemsCity Council Agenda Page 4 of 5 July 19, 2011
  5. 5. 26. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, July 15, 2011, at 5:00 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 July 19, 2011
  6. 6. PROCLAMATIONWHEREAS, On July 26, 1990, President George H. Bush signed into law the Americans with Disabilities Act (ADA) to ensure the civil rights of people with disabilities. This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; andWHEREAS, The ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions, increasing full participation in community life. However, the full promise of the ADA will only be reached if public entities remain committed in their efforts to fully implement the ADA; andWHEREAS, On the 21st anniversary of the Americans with Disabilities Act, we the City of San Angelo celebrate and recognize the progress that has been made by reaffirming the principals of equality and inclusion and recommitting our efforts to reach full ADA compliance.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalfof the City Council, do hereby proclaim July 26, 2011 as “ADA AWARENESS DAY”!and do hereby reaffirm our commitment to work toward full ADA compliance in theCity of San Angelo! IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 19th day of July, 2011. THE CITY OF SAN ANGELO ___________________________ Alvin New, Mayor
  7. 7. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 803Tuesday, July 12, 2011 Vol. 102 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, July 12, 2011, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, with the exception of Councilmember Adams, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by Reverend David Smith of the Word of Life Church and pledge was led by Meganand Derek Dunn, daughter and son of Becky, Finance Department, and Brian Dunn, Fire Chief.PROCLAMATION AND RECOGNITIONS“Mental Health Awareness Month of July 2011” was accepted by Alejandro Castanon, Conexion HispanaDirector.Finance/Budget Division Senior Budget Analysts Morgan Trainer and Bryan Kendrick for receiving theGovernment Finance Officers Association Distinguished Budget Presentation Award for its 2010-2011 BudgetCertified Public Manager 2011 Graduates through the Texas State University’s William P. Hobby Center forPublic Service: City Engineer Clinton Bailey, Code Compliance Manager James Flores, Director of HumanResources Lisa Marley, City Clerk Alicia Ramirez, Human Resources Manager Veronica Sanchez, AssistantRecreation Manager MaryAnn Vasquez, Police Chief Tim Vasquez, and Civic Events Manager AnthonyWilson.PUBLIC COMMENTPublic comments were made by Benny Salinas, Harvey Graham of 1225 Spaulding, and Councilmember Silvas.Assistant City Attorney Elizabeth Grindstaff stated staff had meet with local TxDOT Representatives regardingthe right of way maintenance on state highways within the city limits and the possibility of the state cutting theurban mowing contract.CONSENT AGENDAAPPROVAL OF THE JUNE 28, 2011 CITY COUNCIL REGULAR MEETING MINUTES
  8. 8. Page 804 MinutesVol. 102 July 12, 2011AWARD OF BID WU-09-11 FOR GRANULAR ACTIVATED CARBON MEDIA TO NORIT AMERICAS, INC.(MARSHALL, TX) IN THE AMOUNT OF $190,000.00 AND AUTHORIZATION FOR THE CITY MANAGEROR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTSAUTHORIZATION FOR THE CITY OF SAN ANGELO TO ENTER INTO AN INTERLOCALAGREEMENT WITH THE TOM GREEN COUNTY SHERIFF’S OFFICE FOR THE PURPOSE OFJOINTLY APPLYING FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ANDAUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATEDDOCUMENTSSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGETFOR GRANTS (ANNEX A, PAGE , ORDINANCE 2011-07-074)AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTSMotion, to approve the Consent Agenda, as presented, with the exception of #3, was made by CF and secondedby Councilmember Hirschfeld. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTSELECTION OF BUSINESS AND PROFESSIONAL SERVICE (SAN ANTONIO, TX) FOR EMERGENCYMEDICAL SERVICE (EMS) BILLING AND COLLECTION SERVICE (FD-02-11), AUTHORIZINGSTAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR CITY MANAGER TO EXECUTESAID CONTRACTChief Dunn explained local companies did not bid on the service and such expertise does not exist withinthe community due to the required specialized service, training, software, etc.Motion, to select Business and Professional Services, as presented, was made by Councilmember Hirschfeld andseconded by Councilmember Farmer. Motion carried unanimously.PUBLIC HEARING AND COMMENTAPPROVAL OF AN APPLICATION BY TOTAL ENERGY SERVICES, LLC ON BEHALF OF NABORSWELL SERVICES LTD TO DRILL A TOTAL OF THREE NON PRODUCING TRAINING WELLS ATDEPTHS OF 2000 FEET, 3,000 FEET AND 6,000 FEET ON THEIR PROPERTY LOCATED AT 1214 GASPLANT ROAD IN SUPPORT OF A NEW PERMANENT TRAINING FACILITY FOR OIL FIELDWORKERS IN SOUTHWEST TEXAS, AND APPROVAL OF A PERMIT OR PERMITS TO DRILLTHREE WELLS, TO INCLUDE RECOMMENDED LANGUAGE TO PERMIT AS STATED, ANDAUTHORIZATION FOR THE CITY MANAGER TO EXECUTE OTHER RELATED DOCUMENTS ASMAY BE REQUIREDDevelopment Coordinator Robert Schneeman, Nabors Well Service President Steve Johnson, and Total EnergyServices Technical Project Manager Dave Simon presented background information. Copies of thepresentations are part of the permanent supplement file.Discussion was held on the water resource required for the test wells; possibility of discovering water within theaquifer area and that such disclosure should be included in the permit; safety measures; training methodology;trucking water to the site, recycling the water, and properly disposing the water; gamma ray data; and liabilityconcerns.Motion, to approve the permit or permits, as necessitated and presented, to include permit language to saidapplication regarding the submittal to the City all available data from said project, specifically gamma ray dataand water data, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer.
  9. 9. Minutes Page 805July 12, 2011 Vol. 102Public comment was made by Neighbors Well Service worker Dave Gayal.A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 10:24 A.M., Mayor New called a recess.RECONVENEAt 10:41 A.M., Council reconvened, and the following business was transacted:SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE ANIMALSERVICES ADVISORY COMMITTEE RESIDENCY REQUIREMENT (ANNEX B, PAGE 815,ORDINANCE #2011-07-075)AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BYAMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”,SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SANANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTERADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSEDVETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITYFROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTINGMEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVEDATEHealth Services Manager Sandra Villarreal presented background information.Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas.Councilmember Alexander expressed his concern on the residency requirement and the restriction on saidresidency requirement.Public comment was made by Citizen Wendy Brooks.A vote was taken on the motion on the floor. Aye: New, Silvas, Hirschfeld, and Farmer. Nay: Alexander andMorrison. Motion carried 4-2.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ARTICLE 5.100,ALCOHOLIC BEVERAGES REGULATIONS AND DELETING SECTION 8.119, UNLAWFUL TOCARRY ALCOHOLIC BEVERAGES OF THE CITY OF SAN ANGELO CODE OF ORDINANCES ASRELATED TO THE TEXAS BANK SPORTS COMPLEX AND THE 29TH STREET RECREATION AREAAN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO,TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERALOFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLICBEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESSAND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDINGSECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX,RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITSAUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXASBANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND,PROVIDING FOR AN EFFECTIVE DATEParks and Recreation Director Carl White presented background information. A copy of the presentation is partof the permanent supplement file.
  10. 10. Page 806 MinutesVol. 102 July 12, 2011Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer.Councilmember Morrison expressed his concern of negative impacts of alcohol near and around youth activitiesand spoke against the ordinance.A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY:Morrison. Motion carried 5-1. Motion carried unanimously.PRESENTATION AND DISCUSSION OF THE U.S. DEPARTMENT OF TRANSPORTATION FEDERALHIGHWAY ADMINISTRATION MANUAL ON UNIFORM TRAFFIC CONTROL DEVICESCity Engineer Clinton Bailey presented background information and distributed an excerpt of the manual. Acopy of the presentation and manual excerpt is part of the permanent supplement file.General discussion was held on the regulatory compliance, uniform treatment of the installation of traffic controldevices, street classification, and obstructions of signs.Councilmember Farmer suggested staff conduct a public meeting, specifically in the TLC area, to educate thepublic of the regulations and compliance of said regulations.DIRECTION TO STAFF TO PRESENT RECOMMENDED CHANGES TO SECTION 12.605 OF THESIGN ORDINANCE REGARDING OFF-SITE REGULATIONS FOR CG AND CG/CH ZONINGDISTRICTS THAT SPECIFY CORRIDORS WHERE SUCH SIGNAGE IS ALLOWEDPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplement file.Discussion was held on the variance criteria and meeting such criteria, the restrictive language and possiblymoderating the language, changing the map based on the growth and changes of the city’s thoroughfares,criteria to quantify the installation of various signage.Direction to staff to present recommended changes to the off-site regulations, specifically the city’s thoroughfaremap and variance criteria related to the installation of signage.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOSU 11-01: Apostolic House of WorshipAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 1202 Preusser Street at northeast corner of Florence and PreusserStreets, approving a Special Use to allow a day care on the site of a religious institutional establishment in aSingle-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplement file.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Morrison. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOSU 11-03: B.A. & Winkay Reed
  11. 11. Minutes Page 807July 12, 2011 Vol. 102AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 3149 Red Bluff Rd East, approximately 385’ west of the intersection ofRed Bluff Rd East and Red Bluff Rd West, approving a Special Use to allow bed-and-breakfast establishment ina Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplement file.Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Morrison. Motion carried unanimously.RECESSAt 12:15 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:38 P.M., Council convened in Executive Session under the provision of Government Code, Title 5.Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.Exceptions to Requirement that Meetings be Open, Section 551.072 to discuss the purchase, sale, exchange,lease, or value of real property; and Section 551.087 to discuss an offer of financial or other incentive to acompany or companies with whom the City of San Angelo is conducting economic development negotiationsand which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.OPEN SESSION (continued)At 1:01P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:01P.M., Mayor New called a recess.RECONVENEAt 1:13 P.M., Council reconvened, and the following business was transacted:DENIAL OF A REQUEST FROM QUICKSAND PARTNERS, LTD. TO PURCHASE RAW WATERFROM THE CITY OF SAN ANGELOWater Utilities Director Will Wilde presented background information.Discussion was held on the drought level stages, available water, selling water, equalization channel and relatedtransferred water, north and south Concho pools and transferring the water opposed to evaporation, WaterMaster’s recommendation and bases of his recommendation, diversion points, staggered rates opposed to fixedrates, reviewing and revising the conservation ordinance and drought contingency plan,Motion, to grant the request, as presented, was made by Councilmember Silvas. Motion failed due to lack of asecond.Motion, to grant the request with the limitation of 12 acre feet of water per week until October 31, 2011, wasmade by Councilmember Alexander and seconded by Councilmember Hirschfeld.Public comments were made by Ron Jones of Greystone Engineering and Citizen Jim Turner,
  12. 12. Page 808 MinutesVol. 102 July 12, 2011A vote was taken on the motion on the floor. AYE: Alexander, Silvas, and Hirschfeld. NAY: New,Morrison, and Farmer. Motion tied 3-3.RECESSAt 2:21 P.M., Mayor New called a recess.RECONVENEAt 2:32 P.M., Council reconvened, and the following business was transacted:FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOSU 11-02: Ray ZapataAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located approximately 285’ west of the intersection ofOld Knickerbocker Road and South Bryant Boulevard, approving a Special Use to allow placement of a “bandstand” or “stage” (categorized as major entertainment event) in a Light Manufacturing (ML) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplement file.Discussion was held on the timing restriction, security concerns of surrounding property, industrial districtclassification, the type of events proposed for the staging area, noise ordinance provisions, and amplified noiselevels.Public comment was made by Proponent Ray Zapata.Motion, to approve as written, including lifting the recommended time limit restriction, was made byCouncilmember Alexander. Motion failed due to lack of a second.Motion, to introduce the Ordinance, as presented, was made by Mayor New and seconded by CouncilmemberFarmer. Motion carried unanimously.DISCUSSION AND CONSIDERATION OF OVERALL BUDGET GOALS AND POLICYRECOMMENDATIONS RELATED TO:Finance Director Michael Dane presented background information. A copy of the presentation is part of thepermanent supplement file.Water Rates for Long-Term Water SupplyFranchise FeesLandfill Financial Condition and Rate DiscussionOther Budget Related IssuesMr. Dane stated staff will introduce the water rate ordinance and bond issuance ordinance at the next meeting.Discussion was held on the water rate structure. Council agreed to adjust the base water rates by 29% andincrease the remaining classification rates by $1.31 each.Councilmember Silvas left the meeting at 3:29 p.m. and returned at 3:49 p.m.Discussion was held on the current property tax of 81.74 cents and the possibility of reducing said rate by 4cents to 77.74 cents, increasing trash service by $1, increasing all franchise fees to 5%, and the impacts of saidadjustments to the various funds. He stated such adjustments would spread the total cost to all customers,
  13. 13. Minutes Page 809July 12, 2011 Vol. 102including non-profits and customers who have not paid such fees before. The consensus of the Council was tomove forward with the proposed adjustments. Staff will present the related ordinances associated with thevarious proposed changes.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed July 12, 2011 Agenda and solicited Councilcomments and suggestions.Councilmember Morrison suggested naming the segment on 50th Street between Travis to Highway 208 asLakeview Memorial Drive and installing naming plaques at City Park in remembrance of the former Fire StationPark.Councilmember Alexander requested further discussion on the South Concho pool.Councilmember Silvas commented on a constituent’s concerns regarding the sagging clothes worn by youngpeople. City Attorney Lysia H. Bowling remarked this is a delicate area and a potential free speech issues. Shestated indecent exposure concerns should be handled as a penal code violation.Budget discussion and related matters.Discussion and review of the water conservation and contingency plan.Quicksand Golf Course owner’s request regarding use of raw water.ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 4:17 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A->>>In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
  14. 14. Page 810 MinutesVol. 102 July 12, 2011may be distorted due to equipment malfunction or other uncontrollable factors.)
  15. 15. City of San AngeloMemo Date: July 15, 2011 To: Mayor and Councilmembers From: Tom Kerr, Assistant Director of Water Utilities Subject: Agenda Item for July 19, 2011 Council Meeting Contact: Tom Kerr, 657-4209 Caption: Consent Item Consideration of award of bid for WU-4-11 High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2 Electrical Improvements to CSA Construction, Inc. for $3,708,200 and authorizing the City Manager or his designee to execute contract documents. Summary: Bids were received from nine (9) contractors for High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2 Electrical Improvements. The nine contractors that bid are CSA Construction, Inc., Mitchell Enterprises, Legacy Contracting, Holloman Utilities, Red River Construction, Archer Western Construction, Keystone Construction, Gracon Construction, and Purcell Contracting. The low bid was provided by CSA Construction, Inc. History: This project replaces Water Treatment Plant High Service Pump Station No. 1 which dates to the 1950’s and the electrical equipment for High Service Pump Station No. 2 which is 1960’s vintage. These pump stations pump all treated water out of the water plant to all areas of the City. Financial Impact: Funded within the Capital Improvement Program. Related Vision Item N/A Other Information/ CSA Construction, Inc. (Craig, Sheffield and Austin) completed the last expansion Recommendation: of the Water Reclamation Facility in 2003. It is recommended that the bid be awarded to CSA Construction, Inc. and the City Manager or his designee be authorized to execute all related contract documents. Attachments: Bid Tab and Contract Presentation: None Publication: N/A Reviewed by Will Wilde, Water Utilities Director, July 7, 2011. Service Area Director:
  16. 16. CITY OF SAN ANGELO BID TABULATION * RFB NO: WU-04-11/High Service Pump-Rehab * July 6, 2011 Mitchell Legacy Holloman Red River Archer Western Keystone Gracon Purcell No. Item CSA Enterprises Contracting Utilities Construction Construction Construction Construction Contracting High Service Pumps-Replacement and 1 Rehabilitation. Stations 1 & 2 $ 3,408,000.00 $ 4,155,000.00 $ 3,667,995.00 $ 3,418,800.00 $ 3,544,400.00 $ 3,440,000.00 $ 4,050,000.00 $ 3,574,000.00 $ 3,613,000.00 2 Additional Work Allowance $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 $ 300,000.00 Design, Provide, Install and Maintain 3 $ 200.00 $ 2,600.00 $ 2,000.00 $ 200.00 $ 2,000.00 $ 2,000.00 $ 2,700.00 $ 1,000.00 $ 2,000.00 Trench Safety System (200 Ft) Total Bid $ 3,708,200.00 $ 4,457,600.00 $ 3,969,995.00 $ 3,719,000.00 $ 3,846,400.00 $ 3,742,000.00 $ 4,352,700.00 $ 3,875,000.00 $ 3,915,000.00 Bid Bond: Yes Yes Yes Yes Yes Yes Yes Yes Yes Bids Mailed To: Big Country Water Works Brownwood TX Archer-Western Contr. Arlington TX Bar Constructors Lancaster TX Benmark Supply Midland TX Boyer, Inc. Houston TX BRH-Garver Construction, LP Houston TX Bryan Construction Bryan TX Cajun Constructors Lewisville TX CAS Construction Co. Wimberly TX Craig, Sheffield and Austin Flower Mound TX Craig, Sheffield and Austin Houston TX Darnell & Dickson San Angelo TX Eagle Contracting Keller TX Garney Companies, Inc. Gardner KS Gracon Construction Mesquite TX HD Supply Waterworks Waco TX Holloman Utilities Converse TX Housley Communication Inc San Angelo TX Joe Moore Pipeline Abilene TX Lambda Construction New Braunfels TX Laughlin-Thyssen, Inc. Houston TX McGraw-Hill Dodge Reports Hot Springs AR Morrison Supply San Angelo TX Oscar Renda Contracting Roanoke TX Purcell Contractors Waco TX R.M. Wright Construction El Paso TX Red River Construction Wylie TX Reece Albert San Angelo TX Roberts Construction San Angelo TX SJ Louis San Antonio TX Texas Water & Soil San Angelo TX US Filter Waco TX Utility Contractor of America Wolfforth TX Western Industrial Supply Amarillo TXO:2011 Agenda Packets07-19-11PUR WU-04-11 Bid Tab
  17. 17. City of San AngeloMemo Date: July 8, 2011, 2011 To: Mayor and Councilmembers From: Ron Lewis, Construction and Facilties Manager Subject: Agenda Item for July 19, 2011, Council Meeting Contact: Ron Lewis, Construction and Facilties Maintenance, 481.2773 Caption: Consent Item Consideration of awarding Bid CED-02-11 Business Resource Center Asbestos Abatement and authorizing the Mayor or City Manager to execute any and all necessary related documents: Summary: X 8 Environmental, Inc. collected material samples and prepared an Asbestos in Building Survey dated December 14, 2010. Specifications were prepared by X 8, advertised by the COSA Purchasing Department and sealed bids were received and opened on Wednesday, July 6, 2011. The Request for Bids (RFB: CED-02-11) for Asbestos Abatement from the Former Coca Cola Building (Business Resource Center) located at 69 N. Chadbourne resulted in eight bidder responses. After review and evaluation, AAR, Inc. responded with the lowest responsible bid in the amount of $47,000 (including $3,000 contingency amount) Financial Impact: $47,000 COSADC Funds Other Information/Recommendation: Staff recommends approving RFB: CED-02-11 to abate Asbestos Containing Materials (ACM) from the Former Coca Cola Building (Business Resource Center) located at 69 N. Chadbourne. Staff further asks City Council to allow Renew Environmental, LLC to withdraw their bid, as requested, and direct staff to return their bid bond. Attachments: CED-02-11 Bid Tab RFB CED-02-11 Specifications with Draft Contract Cover of Asbestos in Building Survey - Former Coca Cola – December 14, 2010 Cover of Supplemental Asbestos in Building Survey - Former Coca Cola – May 4, 2011 RFB No. CED-02-11Asbestos Abatement-BRC Presentation: None Publication: NA Reviewed by Director: Shawn Lewis, Director of Community and Economic Development, July 8, 2011 l Page 1
  18. 18. CITY OF SAN ANGELO REQUEST FOR BIDS RFB No: CED-02-11Community and Economic Development Division Business Resource Center Asbestos Abatement Contract Documents Specifications City of San Angelo 106 South Chadbourne San Angelo, Texas, 76903 RFB SUBMITTAL DEADLINE No later than May 27, 2010, 2:00 P.M., Local Time
  19. 19. Table of Contents This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Bidders are responsible for reading the entire proposal package and complying with all specifications.Table of Contents INVITATION TO BID...................................................................................................................................................... 1 SCOPE OF WORK ......................................................................................................................................................... 1 DOCUMENT, PLANS AND SPECIFICATIONS AVAILABILITY .................................................................................................. 1 DIGITAL FORMAT ......................................................................................................................................................... 1 INSURANCE AND INDEMNIFICATION REQUIREMENTS ......................................................................................................... 1 QUALIFICATION STATEMENT.......................................................................................................................................... 1 PRE-BID CONFERENCE AND SITE INVESTIGATION ............................................................................................................ 1 DELIVERY OF PROPOSAL DEADLINE ............................................................................................................................... 1 REJECTION OF BIDS ..................................................................................................................................................... 2 BID WITHDRAWAL ........................................................................................................................................................ 2 CONFIDENTIALITY......................................................................................................................................................... 2 EQUAL OPPORTUNITY EMPLOYERS ................................................................................................................................ 2 TENTATIVE PROJECT SCHEDULE ................................................................................................................................... 2 POINTS OF CONTACT .................................................................................................................................................... 31. INSTRUCTIONS TO BIDDERS............................................................................................................................ 5 1.1 BIDS ............................................................................................................................................................. 5 1.1.1 Submission of Bid................................................................................................................................... 5 1.1.2 Required Response................................................................................................................................ 5 1.1.3 No Bid Instructions ................................................................................................................................. 5 1.1.4 Modifications – Corrections, Deletions or Additions ............................................................................... 5 1.1.5 Bid Form ................................................................................................................................................. 5 1.1.6 Withdrawal of Bids.................................................................................................................................. 6 1.1.7 Rejection of Bids .................................................................................................................................... 6 1.1.8 Award and Execution of Documents ...................................................................................................... 6 1.1.9 Bid Security ............................................................................................................................................ 7 1.1.10 Return of Bid Security ........................................................................................................................ 7 1.1.11 Interpretations.................................................................................................................................... 7 1.1.12 Taxes and Permits ............................................................................................................................. 7 1.1.13 Examination of Contract Documents ................................................................................................. 8 1.1.14 Familiarization with the Type of Work ................................................................................................ 8 1.1.15 Soils Testing Specifications ............................................................................................................... 8 1.1.16 Subcontractors and Suppliers............................................................................................................ 8 1.1.17 Copies of Contract Documents .......................................................................................................... 9 1.1.18 Performance and Payment Bonds ..................................................................................................... 9 1.1.19 Quantities are Approximate ............................................................................................................... 9 1.1.20 Employment Requirements and Wage Rates .................................................................................... 92. PROJECT AGREEMENT FORM (DRAFT) ........................................................................................................ 153. GENERAL CONDITIONS................................................................................................................................... 33 3.1. GENERAL CONDITIONS ................................................................................................................................. 33 3.2. DEFINITIONS ................................................................................................................................................ 33 3.3. NOTICE TO PROCEED AND THE PRECONSTRUCTION CONFERENCE .................................................................... 35 3.4. OWNERSHIP, COPIES OF DOCUMENTS, AND RECORD DOCUMENTS ................................................................... 35 3.5. COOPERATION BETWEEN CONTRACTORS ...................................................................................................... 35 3.6. SUBCONTRACTS .......................................................................................................................................... 36 3.7. PATENT FEES AND ROYALTIES ...................................................................................................................... 36 3.8. PERMITS, LAWS, TAXES, AND REGULATIONS .................................................................................................. 36 3.9. AVAILABILITY OF LANDS/SITE ....................................................................................................................... 36 3.10. USE OF PREMISES ....................................................................................................................................... 36 3.11. OWNERS STATUS DURING CONSTRUCTION.................................................................................................... 36 i
  20. 20. 3.12. OWNERS INTERPRETATIONS AND DECISIONS ................................................................................................. 37 3.13. SHOP DRAWINGS AND SAMPLES ................................................................................................................... 37 3.14. REQUIRED TESTS AND INSPECTIONS BY LAW .................................................................................................. 37 3.15. CONTRACTORS SUPERVISION AND SUPERINTENDENCE ................................................................................... 37 3.16. SAFETY AND PROTECTION ............................................................................................................................ 38 3.17. ACCESS TO THE WORK ................................................................................................................................ 38 3.18. CHANGES IN THE WORK ............................................................................................................................... 38 3.19. CHANGES OF CONTRACT PRICE .................................................................................................................... 39 3.20. EXTRA WORK. ............................................................................................................................................. 39 3.21. CHANGE OF CONTRACT TIME ........................................................................................................................ 39 3.22. NEGLECTED WORK ...................................................................................................................................... 40 3.23. WARRANTY AND GUARANTEE REGARDING DEFECTIVE WORK.......................................................................... 40 3.24. WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS ..................................................................................... 40 3.25. CITYS RIGHT TO STOP OR SUSPEND WORK ................................................................................................... 40 3.26. CITYS RIGHT TO TERMINATE ........................................................................................................................ 41 3.27. CONTRACTORS RIGHT TO STOP WORK OR TERMINATE ................................................................................... 41 3.28. ASSIGNMENT AND SUBLETTING ..................................................................................................................... 41 3.29. ABANDONMENT BY CONTRACTOR.................................................................................................................. 41 3.30. ABANDONMENT BY OWNER........................................................................................................................... 42 3.31. WORKER’S COMPENSATION INSURANCE REQUIREMENTS ................................................................................ 42 3.31.1 Definitions ........................................................................................................................................ 42 3.31.2 Workers’ Compensation Insurance Coverage ................................................................................. 42 3.31.3 Failure to Maintain Adequate Insurance Coverage.......................................................................... 43 3.32. CONTRACT MEASUREMENT AND PAYMENT ..................................................................................................... 43 3.32.1 Quantities and Measurements ......................................................................................................... 43 3.32.2 Estimated Quantities ....................................................................................................................... 43 3.32.3 Price of Work ................................................................................................................................... 44 3.32.4 Partial Payment Estimates .............................................................................................................. 44 3.32.5 Deadline .......................................................................................................................................... 44 3.32.6 Payment .......................................................................................................................................... 44 3.32.7 Warranty .......................................................................................................................................... 44 3.32.8 Approval of Payments ..................................................................................................................... 45 3.33. SUBSTANTIAL COMPLETION .......................................................................................................................... 45 3.34. PARTIAL UTILIZATION ................................................................................................................................... 45 3.35. FINAL PAYMENT .......................................................................................................................................... 45 3.36. PAYMENTS WITHHELD .................................................................................................................................. 46 3.37. DELAYED PAYMENTS ................................................................................................................................... 46 3.38. WORKING DAY ............................................................................................................................................ 46 3.39. CHARACTER OF EMPLOYEES......................................................................................................................... 46 3.40. INSPECTION OF THE WORK ........................................................................................................................... 46 3.41. UNAUTHORIZED WORK ................................................................................................................................. 47 3.42. CONFORMITY WITH CONTRACT DOCUMENTS................................................................................................... 47 3.43. MATERIALS ................................................................................................................................................. 47 3.43.1 Materials and Equipment ................................................................................................................. 47 3.43.2 Right of the City to Modify Equipment and/or Methods.................................................................... 47 3.43.3 Owner Furnished Materials ............................................................................................................. 47 3.43.4 Material Storage .............................................................................................................................. 48 3.44. PROJECT MEETINGS .................................................................................................................................... 48 3.44.1 Pre-construction Meeting ................................................................................................................. 48 3.44.2 Progress Meetings........................................................................................................................... 49 3.45. CONSTRUCTION ADMINISTRATION.................................................................................................................. 49 3.45.1 Notices to Owners and Authorities .................................................................................................. 49 3.45.2 Notification of Street Closing ........................................................................................................... 49 3.45.3 Detours and Barricading .................................................................................................................. 49 3.45.4 Unfavorable Construction Conditions .............................................................................................. 49 3.45.5 Cleaning Up ..................................................................................................................................... 49 3.45.6 Restoration of Work Site .................................................................................................................. 49 3.45.7 Site Administration........................................................................................................................... 50 3.45.8 Load Restrictions ............................................................................................................................. 50 3.45.9 Applicable Codes............................................................................................................................. 50 3.46 SITE INVESTIGATION..................................................................................................................................... 504. SPECIFICATIONS ............................................................................................................................................. 51ii
  21. 21. 5. BID FORMS ....................................................................................................................................................... 53 DISCLOSURE OF CERTAIN RELATIONSHIPS ................................................................................................................... 55 DEBARMENT AND SUSPENSION CERTIFICATION ............................................................................................................. 59 CONTRACTOR REFERENCES........................................................................................................................................ 61 LIST OF SUBCONTRACTORS AND SUPPLIERS ............................................................................................................... 63 REQUIRED QUALIFICATION DOCUMENTS....................................................................................................................... 65 BID PROPOSAL .......................................................................................................................................................... 67 iii
  22. 22. iv
  23. 23. City Of San Angelo Purchasing Department P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219INVITATION TO BID Scope of Work The work specified herein shall be the removal and disposal of asbestos-containing materials by competent persons; trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos containing and asbestos contaminated materials and the subsequent cleaning of contaminated areas, who comply with all applicable Federal, State, and Local regulations and are capable of and willing to perform the work of this Contract. The successful bidder shall furnish all necessary labor, supervision, tools, supplies, insurance and required equipment to perform the work in a workman like manner. All work performed is subject o the provisions of Part 40 CFR, Texas Department of Health, all local, State and Federal codes and regulations and these specification.. Asbestos abatement is to be performed for City of San Angelo at: Business Resource Center (Former Coca Cola) 69 North Chadbourne San Angelo, Texas Document, Plans and Specifications Availability Contract documents, including plans and specifications are available and may be examined without charge in the Purchasing Department, 106 South Chadbourne, Room 204, San Angelo, Texas. Bid documents, plans, and specifications may be obtained at the Purchasing Department, 106 South. Chadbourne, Room 204, or they may be downloaded at the City’s website at: 1. www.sanangelotexas.us 2. City Departments 3. Purchasing 4. Bid Information 5. 2011 Bidding Opportunities Digital Format If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Respondents makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation without recourse. Insurance and Indemnification Requirements Insurance and indemnification requirements applicable to this project are included within the draft Project Agreement Form included within this bid package. Please read the bold note at the top of the first page of the draft Project Agreement Form and review the insurance and indemnification requirements listed in Section 5 of that form with your insurance agent prior to submitting your bid. Qualification Statement Prospective bidders should be advised that a qualification statement is required. Pre-Bid Conference and Site Investigation A mandatory pre-bid conference will be held on, May 18, 2010 at 1:30 P.M., Local Time at the Business Resource Center (Former Coca Cola Offices), 69 North Chadbourne, San Angelo, Texas. Representatives of the City will discuss bid conditions and answer questions regarding bid procedures. At this time, all potential bidders must perform a site investigation as a pre-requisite to bid. Delivery of Proposal Deadline Sealed proposals will be received until May 27, 2010, 2:00 PM, Local Time. Bidders are requested to submit one (1) original and two (2) copies of all required bid forms and all other required documents.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 1 
  24. 24. Submissions not received by the bidding deadline will be rejected, unopened and returned. The clock located in the Purchasing Department will be the official time The proposal should be addressed as reflected below: USPS City of San Angelo Purchasing Department RFB: CED-02-11 P. O. Box 1751 San Angelo, Texas 76902-1751 Mark Sealed Envelope: “RFB No. CED-02-11/Asbestos Abatement-BRC” Delivery Service: City of San Angelo Purchasing Department RFB: CED-02-11 106 South Chadbourne, Room 204 San Angelo, Texas 76903 Mark Sealed Envelope: “RFB No. CED-02-11/Asbestos Abatement-BRC” Mark Delivery Container/Envelope: “Sealed Bid Enclosed” It is the sole responsibility of the firm to ensure that the sealed submittal arrives at the above location by specified deadline regardless of method chosen by the company for delivery. Bids not received on time will be rejected. Faxed or electronically transmitted submittals will not be accepted Rejection of Bids The City of San Angelo reserves the right to reject all bids, to waive informalities or irregularities, and to reject non-conforming, non-responsive, or conditional bids. Bid Withdrawal No bid may be withdrawn within a period of 30 days after the date fixed for opening bids. Confidentiality All bids submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified. Equal Opportunity Employers All contractors and subcontractors must be Equal Opportunity Employers. Disadvantaged and Minority Bidders are encouraged to participate. Tentative Project Schedule a. Project Walk-through: Friday, May 18, 2011, 1:30 P.M. b. Bid Opening: May 27, 2011, 2011, 2:00 P.M. c. Contract Award: Upon City Council approval (if required) d. Performance and/or Payment Bond Due Date: Immediately following Notice To Proceed. e. Insurance Certificates Due Date to the City: Immediately following Notice To Proceed. f. Construction Meeting: First Day of Project g. Notification Date: In sufficient time to start on the selected start date.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 2 
  25. 25. Note: No work may begin until Notice to Proceed is given by the building owner or his representative. No abatement procedures may begin unless the consultants project manager is on site and is notified that work is about to begin. Points of Contact Laura Brooks, Purchasing Specialist Ron Lewis, Manager Purchasing Division Construction and Facilities Maintenance City of San Angelo City of San Angelo P.O. Box 1751 P.O. Box 1751 San Angelo Texas, 76902 San Angelo Texas, 76902 Email: laura.brooks@sanangelotexas.us Email: ron.lewis@sanangelotexas.us Telephone: (325) 657-4219 Telephone: (325) 481-2773RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 3 
  26. 26. Intentionally Left BlankRFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 4 
  27. 27. CITY OF SAN ANGELO PURCHASING DIVISION P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42191. INSTRUCTIONS TO BIDDERS 1.1 BIDS 1.1.1 SUBMISSION OF BID Each Bid and accompanying data shall be enclosed in a sealed opaque envelope or wrapping, addressed to the City of San Angelo, Texas, marked BID ENCLOSED and identified on the outside with the Bidders name and with the bid number and/or title as stated in the Invitation to Bid. The City will not be responsible for the premature opening of any proposal which is not submitted in a satisfactory BID ENVELOPE or which is not properly addressed and identified. If the Bid is sent by carrier (Fed Ex, UPS, etc), the sealed envelope shall be enclosed in the carrier’s packaging with the notation "BID ENCLOSED" on the face thereof. Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 1.1.2 REQUIRED RESPONSE The City requires a response to any RFB’s mailed to potential bidders. Should a company receive an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s Potential Bidders List you must submit a “No Bid”. 1.1.3 NO BID INSTRUCTIONS To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the bidders list. 1.1.4 MODIFICATIONS – CORRECTIONS, DELETIONS OR ADDITIONS No phone, fax, or email changes to bids will be accepted. Prices cannot be changed after bids are opened. Corrections, deletions, or additions shall be submitted in writing and delivered in a sealed envelope prior to bid opening. 1.1.5 BID FORM Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The state of incorporation shall be shown below the corporate name. Bids by partnerships must be executed in the partnership name and signed by a partner; title and the official address of the partnership must be shown below the signature. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant. The names of all persons signing must also be legibly printed below the signature. A Bid by a person who affixes to his signature the word "president", "secretary", “agent", or other designation without disclosing his principle may be held to be the Bid of the individual signing. When requested by the City, evidence of the authority of the person signing shall be furnished. Bid forms must be completed in ink. All blank spaces in the Bid Form shall be filled. A bid price shall be indicated for each item and alternative listed therein, or the words "No Bid", "No Charge", or other appropriate phrase shall be entered. Bids received without all such items completed may be considered non- responsive. The Bidder is not required to acknowledge receipt of Addenda but shall include all addenda in Bidder’s response. No alterations in Bids or alterations made to the printed forms, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 5 
  28. 28. 1.1.6 WITHDRAWAL OF BIDS Bids may be modified or withdrawn by contacting the Purchasing Department and requesting withdrawal any time prior to opening of Bids. Notice must be in writing. Notices by email, fax, or phone will not be accepted. 1.1.7 REJECTION OF BIDS The City reserves the right to reject all bids, and does not bind himself to accept the lowest bid or any proposal for this work or any part thereof and shall have the right to ask for new bids for the whole or parts, should he desire to do so. 1.1.8 AWARD AND EXECUTION OF DOCUMENTS It is not the policy of the City to purchase based on low bids alone. The award of the bid, if it is awarded, will be to the Bidder whose qualifications indicate the award will be in the best interest of the City; Bid complies with all the prescribed requirements and provides the best value as determined by the City. In evaluating Bids, the City shall consider the Criteria for determining Lowest Responsible Bidder adopted by the City Council and included herein. The following criteria will be used in determining “best value“:  The overall purchase price;  The quality of the vendor’s goods or services;  Was the bid received within the time and date specified in the Request for Bid (RFB)?  Was the bid executed by a person authorized to sign for the company?  Was pricing provided as requested in the Request for Bids?  Does the bid meet the minimum specifications?  Does the bidder and bidder’s subcontractors have adequate experience and technical experience to successfully fulfill the contract requirements?  Did the bidder provide a list of references to include company or individual name, contact person, phone number?  Does the bidder have a good reputation for their goods and services?  Did the bidder provide a list of projects of similar size and dollar amount as this project?  What is the bidder’s quality and performance on previous City contracts?  Is the bidder on the federal, state, or other department debarment/suspension lists?  Has the bidder been terminated from a project for non-compliance or substandard work?  Does the bidder have the financial resources successfully complete the project? For example, equipment, materials, labor, etc.  Can the bidder provide a performance and payment bond in an amount equal to the total amount of the project?RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 6 
  29. 29.  Does the bidder have a permanent place of business?  Does the bidder have a satisfactory safety record?  Does the bidder have adequate staff available to complete the project within the time frame specified?  Can the bidder provide the required insurance coverages as specified?  Does the vendor’s have a good working relationship with the City  Has the bidder or bidder’s subcontractors been convicted of any criminal acts?  The total long-term cost to the City to acquire the vendor’s goods or services; and  Any other relevant factor specifically listed in the request for bids and proposals. In analyzing Bids, the City may take into consideration alternates and unit prices if requested by the Bid forms. The City reserves the right to reject any or all Bids, to waive any or all informalities, and to reject nonconforming, non-responsive, or conditional bids. Failure of the selected Bidder to deliver the required Contract Documents, including the required Bonds and insurance, within thirty (30) days of the Notice of Award to the selected Bidder shall be just cause for the City to annul the award and declare the Bid and any guarantee thereof forfeited, not as a penalty, but as liquidation of damages to the City. 1.1.9 BID SECURITY Each proposal greater than $25,000 must be accompanied by a Bid Bond, Certified or Cashiers Check (on a solvent bank in the State of Texas), drawn to the order of the City in the sum of not less than five percent (5%) of the total amount of the proposal. The bid bond must be executed by a surety meeting the requirements set forth in Section 2, General Conditions. The bid security shall be made payable without condition to the City of San Angelo, Texas. 1.1.10 RETURN OF BID SECURITY The bid security of the successful Bidder will be retained until he has executed the contract agreement and furnished the required Contract Security and insurance, whereupon checks furnished as bid security will be returned. The bid security of any Bidder whom City believes to have a reasonable chance of receiving the award may be retained by City until the day after the required documents are delivered by the selected Bidder to the City but not to exceed 60 days after the Bid opening. Checks furnished as bid security by other Bidders will be returned within 30 days of the Bid opening. 1.1.11 INTERPRETATIONS All questions about the meaning or intent of the Contract Documents shall be submitted to the City in writing at least 10 days prior to bid opening date. Replies will be issued by Addenda mailed, faxed, emailed, or delivered to all parties recorded by the City as having received the bid documents. Questions received less than ten days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect. 1.1.12 TAXES AND PERMITS Attention is directed to the requirements of Section 2, General Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully assessed against the City or Selected Bidder in connection with the Work shall be paid by the selected Bidder. The bid prices shall include all such taxes and the costs of all required permits. The City is exempt from State Sales Tax. The Citys State Sales Tax Exemption Number is 75-6000-659.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 7 
  30. 30. 1.1.13 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with the Contract Documents. The submission of a bid shall constitute an acknowledgment that the bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him from any obligations with respect to his bid or to the contract. No claim for extra or additional compensation will be allowed based upon a lack of knowledge of any contract document, and the City will in no case be responsible for any loss or for unanticipated costs that may be suffered by the selected Bidder as a result of conditions pertaining to the work. 1.1.14 FAMILIARIZATION WITH THE TYPE OF WORK Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, local labor conditions and all laws, regulations, and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. 1.1.15 SOILS TESTING SPECIFICATIONS The Contractor will be allowed to conduct soils investigations within the alignment of the proposed Project, as they can be coordinated with the City and appropriate landowners during the Bid preparation phase. All such investigations must be coordinated through the City. 1.1.16 SUBCONTRACTORS AND SUPPLIERS When requested by the City, within 24 hours of bid opening, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the Work. SUBCONTRACTOR QUALIFICATION Particular consideration will be given to the qualifications of each Subcontractor proposed to perform more than 5 per cent (5%) of the Work. The successful Bidder will submit to the City for acceptance a final list of the names of subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) identifying that portion of the Work to be performed by each subcontractor within fourteen (14) days of the issuance of Notice of Award. Subcontractors will be evaluated utilizing “Criteria for Determining Lowest Responsible Bidder” as contained herein. The City will notify the successful Bidder in writing if, after due investigation, there is objection to any Subcontractor, person, or organization on such list. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Additional requirements for subcontractors are contained within Section 2, entitled General Conditions, of this document. The failure of the City to make any such objection prior to the execution and delivery of the Agreement shall constitute an acceptance of such Subcontractor, person, or organization. Such acceptance a Subcontractor, person or organization shall not: (1) constitute a waiver of any right of the City to reject defective Work, Material, or Equipment, or Work, Material, or Equipment not in conformance with the requirements of the Contract Documents; or (2) constitute a waiver of Contractor’s complete and total liability for any defective Work, Material, or Equipment, or Work Material or Equipment not in conformance with the requirements of the Contract Documents whether or not provided by or performed by any such Subcontractor. If the City registers objection to and refuses to accept a Subcontractor, person, or organization list the successful Bidder may either (1) submit an acceptable substitute without an increase in his Bid price or (2) withdraw his Bid. If the City raises objection to a Subcontractor, person, or organization after the execution and delivery of the Agreement, the Contractor will submit an acceptable substitute and the Contract Price shall be increased or decreased by the reasonable difference in cost occasioned by such substitution and an appropriate Change Order shall be issued. In the event that prior objection is raised as described above, but the Contractor fails to submit an acceptable substitute prior to execution and delivery of the Agreement, no increase in Contract Price shall be allowed.RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 8 
  31. 31. SUPPLIERS The list of Subcontractors shall also include the suppliers and manufacturers of the principal items of materials and equipment the Bidder expects to use in the Work. 1.1.17 COPIES OF CONTRACT DOCUMENTS The selected Bidder to whom a contract is awarded will be furnished, without cost to him, five (5) copies of the specifications and five (5) sets of the drawings, together with all Addenda thereto. Additional copies of specifications and drawings may be obtained from the City at the cost stated in the Invitation to Bid. 1.1.18 PERFORMANCE AND PAYMENT BONDS (a) Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall furnish bond(s) each in a penal sum of at least the full amount of the contract as awarded in the form included in the specifications, which secures the faithful performance of the contract, and for the payment of all persons, firms or corporations to whom the selected Bidder may become legally indebted for labor, materials, tools, equipment, or service, of any nature, employed or used by him in performing the work. Such bond(s) shall bear the same date as or a date subsequent to, the date of the contract. (b) On each such bond the rate of premium shall be stated, together with the total amount of the premium charged. The current power of attorney for the person who signs for any surety company shall be attached to such bond. (c) The failure of the successful bidder to supply the required bonds within thirty (30) days after the prescribed forms are presented for signature, or within such extended period as the City may grant based upon reasons determined adequate by the City, shall constitute a default, and the City may either award the contract to the next responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guarantee. (d) Performance and Payment Bonds shall be delivered to the Purchasing Department. 1.1.18.1 WAIVER OF PERFORMANCE AND PAYMENT BONDS Performance and Payment Bonds may be waived under the following circumstances: 1) The Payment Bond is not required if the contract sum is twenty-five thousand ($25,000.00) Dollars or less, 2) The Performance Bond is not required if the contract sum is less than one-hundred thousand ($100,000.00) Dollars, and 3) The selected bidder provides a current certificate of Insurance listing coverages in the amounts required herein. 1.1.19 QUANTITIES ARE APPROXIMATE The quantities named in the bid-agreement form or separately listed are approximate only, but these are to be used as a basis for the comparison of proposals and to determine the amount of the bonds. However, if a unit price appears to the City to be unbalanced to such an extent that changes in actual quantities required under the contract might result in contract price adjustments which would increase payments to the selected Bidder excessively, then the City may take such a condition under consideration in making the award of the contract. 1.1.20 EMPLOYMENT REQUIREMENTS AND WAGE RATES 1.1.20.1 GENERAL The award of this contract shall be based in part upon payment by the selected Bidder and his Subcontractors of wage rates not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. The selected Bidder shall comply with all requirements of the prevailing wage law of the State of Texas,RFB: CED‐02‐11/Asbestos Abatement‐BRC  Page 9 

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