HomeMy WebLinkAboutPR 19363: CONTRACT WITH SPRINT WASTE SERVICES , FOR LEACHATE HAULING AT THE CITY LANDFILL -_ Fnrr
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INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
To: Brian McDougal, City Manager
From: Justin Thomas, Interim Landfill Superintendent
Date: April 13, 2016
RE: P. R. 19363
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 19363, authorizing the City
Manager to execute the first year of a three year renewable contract with Sprint Waste Services of Port
Arthur, Texas to provide leachate hauling from the City landfill with a projected budgetary impact of
$100,000 for this year with a subsequent two year rate adjusted according to the Consumer Price Index
"Transportation", to the Port Acres Wastewater Treatment Plant at a rate of$70.00 per hour. This service
will be provided on an as-needed basis.
STAFF ANALYSIS:
None.
BACKGROUND:
Leachate is the liquid result of biodegradation of the garbage and trash that is placed within the landfill.
This leachate is collected in onsite tanks and needs to be transported to the nearest Wastewater Treatment
Plant. Sprint Waste Services has submitted the only bid for this three year contract.
BUDGET CONSIDERATIONS:
Funds are provided in account no. 403-12743-533.59-00, Public Works Department Landfill Division —
Equipment Rental.
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"Remember we are here to serve the Citizens of Port Arthur"
P.R. 19363
04/13/16 aw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF PORT
ARTHUR AND SPRINT WASTE SERVICES OF PORT
ARTHUR, TEXAS, FOR LEACHATE HAULING AT THE CITY
LANDFILL FOR A FEE OF $70.00 PER HOUR WITH A
PROJECTED BUDGETARY IMPACT OF $100,000 FOR THIS
YEAR, WITH THE SUBSEQUENT TWO YEAR RATE
ADJUSTED ACCORDING TO THE CONSUMER PRICE INDEX
CATEGORY "TRANSPORTATION". ACCOUNT NO. 403-1274-
533.59-00, PUBLIC WORKS LANDFILL DIVISION —
EQUIPMENT RENTAL.
WHEREAS, the City must haul the leachate generated at the landfill to the Port Acres
Wastewater Treatment Plant; and,
WHEREAS, Purchasing advertised for bids for this service; and,
WHEREAS, Sprint Waste Services of Port Arthur, Texas was the only bidder, Exhibit
"A"; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the City Manager is hereby authorized to execute a one-year contract, with the
option to renew for two additional one-year periods, with the rates adjusted according to the
Consumer Price Index Category "Transportation", with Sprint Waste Services of Port Arthur,
Texas, for leachate hauling for the landfill at the rate of $70.00 per hour, with a projected
budgetary impact of$100,000, in substantially the same form as attached as Exhibit"B"; and,
THAT, funding is available in account 403-1274-533.51-01, Public Works Landfill
Division—Equipment Rental; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R. 19363
04/13/16 aw
READ, ADOPTED,AND APPROVED this the day of , A.D. 2016 at
a meeting of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
Councilmembers:
Noes:
Mayor
ATTEST: APPROVED AS TO FORM:
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABLITY
OF FUNDS:
Brian McDougal Jerry Dale
Ci ager Director of Finance
ALIAD2g4w
J stin Thomas Cl fton Williams
Interim Landfill Superintendent Acting Purchasing Manager
P.R. 19363
04/13/16 aw
Exhibit "A"
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P.R. 19363
04/13/16 aw
Exhibit "B"
P. R. 19363
04/13/16 aw
CONTRACT AGREEMENT
for
Transportation of the City of Port Arthur Landfill Leachate to the City of Port Arthur's Port
Acres Wastewater Treatment Facility on Highway 365.
THIS AGREEMENT, made this day of , 2016, by and between the
City of Port Arthur, Port Arthur, Texas a municipal corporation organized under the laws of the State of
Texas, hereinafter called "OWNER" or "CITY" and Sprint Waste Services a(n) Corporation, herein acting
by and through Gregory Gabriele hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements
set forth herein, OWNER and CONTRACTOR agrees as follows:
1. The term of this Contract shall be for one year, with the option to renew for two additional one
year periods, with the rates adjusted according to the Consumer Price Index Category
"Transportation".
2. During the term of this Contract, the CONTRACTOR, will furnish at his own expense all of the
materials, supplies, tools, equipment, labor, and other services necessary to connection
therewith, excepting those supplies specifically not required of CONTRACTOR in the
Specifications.
3. The CONTRACTOR agrees to perform all the work described in the Specifications and Contract
Documents and comply with the terms therein for the prices stated below:
Tank Truck w/ Operator,
Full Load $70.00 per hour
Tank Truck w/ Operator
Partial Load $70.00 per hour
Minimum Hours Charged per
Call-out Full or Partial Load Four (4) hours
4. The term"CONTRACT DOCUMENTS"means and includes the following:
(A) Agreement
(B) Invitation to Bid
(C) General Information
(D) Specifications
(E) Bid
(F) Bidder's Information Sheet
(G) Insurance Certificate(s)
5. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the
General Conditions such amounts as required by the Contract Documents.
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
P. R. 19363
04/13/16 aw
7. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in two (2) copies each of which shall be deemed in
original on the date first above written.
8. This agreement can be terminated with thirty (30) days written notice for reasons other than just
cause as stated in the specifications.
Executed on day of , 2016.
OWNER:
CITY OF PORT ARTHUR
By:
Brian McDougal, City Manager
ATTEST:
City Secretary
Executed on day of , 2016.
CONTRACTOR:
SPRINT WASTE SERVICES
By:
Print Name:
Title:
WITNESS:
Print Name:
DELORIS"BOBBIE"PRINCE,MAYOR •
BRIAN MCDOUGAL
KAPRINA RICHARDSON FRANK,MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: ( irr of I SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
TIFFANY HAMILTON
MORRIS ALBRIGHT,IIIr►r l r t It tt rte_ VAL TREND
STEPHEN MOSELY CITY ATTORNEY
WILLIE"BAE"LEWIS,JR ii,i
OSMAN SWATI
CHARLOTTE MOSES
oisr,
MARCH 21, 2016 !a__.. 0
INVITATION TO BID
TRANSPORTATION OF THE CITY OF PORT ARTHUR LANDFILL LEACHATE TO THE CITY
OF PORT ARTHUR'S PORT ACRES SEWAGE TREATMENT FACILITY ON HIGHWAY 365
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, April 6, 2016. (The clock located in the City Secretary's office will be the official time.)
All bids received will be read aloud at 3:15 p.m. on Wednesday,April 6, 2016 in the City Council Chambers,
City Hall, 5th Floor,Port Arthur,TX. You are invited to attend.
MARK ENVELOPE: P16-016
DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to:
City of Port Arthur, TX
Clifton Williams
P.O. Box 1089
Port Arthur,TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB
P.O.Box 10891444 41h Street: Port Arthur,Texas 776411 409.983.8160 1Fax 409.983.8291
The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are
for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Acting Purchasing Manager
Page 2 of 13
INVITATION TO BID
ULTRA LOW SULFUR DIESEL FUEL
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS 1 Y RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be rei tated upon request.
In the event you desire not to submit a bid, we would appreciate your response egarding the reason(s).
Your assistance in completing and returning this form in an envelope mar ed with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this pro uct or service?
Does your present work load permit additional ork?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City,State,Zip Code: Date:
in' Ir
Page 3 of 13
Specifications for the
Transportation of City of Port Arthur Landfill Leachate
To the City of Port Arthur's Port Acres
Sewage Treatment Facility on Highway 365
General Information
These specifications are for the loading and transportation of landfill leachate from the City of Port Arthur Solid
Waste Landfill on Highway 73, 1-1/2 miles west of the Taylor Bayou Bridge to the City's Sewage Treatment
Facility on Highway 365 west of Jade Avenue for disposal. No fees will be charged Bidder for disposal of the
leachate at the sewage treatment facility.
Specifications
Bidder shall supply the following:
1. A Minimum of one (1) 3,200 gallon truck, with additional trucks being available to fulfill the City's
needs,with 3"and 6" loading and unloading capabilities.
2. Bid to include fuel and maintenance.
3. CDL Hazardous Materials Endorsement license and any peripheral equipment(i.e. hoses & connections
needed to connect to City's sludge handling equipment.
4. Current registration with TCEQ as a transporter of landfill leachate.
5. Company's permit numbers and name must be displayed on each truck.
Successful bidder shall work on an "as needed" basis under the general direction of the Solid Waste
Superintendent-Landfill. Bidder shall use a City-supplied trip ticket showing time of departure from the
landfill, amount of load, time of arrival at the sewage treatment facility, and a treatment facility operator
signature. Trip tickets shall be submitted with invoice. A typical workday will be 6:30 a.m. to 2:30 p.m. Bidder
shall provide a rate on the basis of a full truckload and on the basis of a partial load of less than 3,200 gallons.
Bidder shall state any exceptions on the form provided.
The City estimates thirty(30) full truckloads per week and this is an approximate amount for bidding purposes
only. This amount was determined from recent experience, and the City has the right to increase or decrease the
amount of loads hauled as the landfill operations dictates.
All work shall be performed in the capacity of an independent contractor and contractor's agents and/or
employees shall not be considered employees of the City of Port Arthur. Successful bidders shall be required to
maintain required insurance.
This is not a contract for a completed project but, instead, shall be paid on a monthly basis for loads hauled
within the previous month. The successful bidder's failure to perform the obligations of this contract in a
timely and proper manner (as determined by the Solid Waste Superintendent) shall give the City the right to
terminate this contract by written notice.
All prospective bidders are encouraged to visit the City of Port Arthur Landfill site to observe present practices
and field conditions prior to submission of their bid.
CONTRACT PERIOD: Successful bidder must agree to enter into a contract with the City of Port Arthur.
The initial term of the contract shall be for one (1) year beginning after Notice to Proceed and shall be
renewable in increments of one (1) year for an additional two (2) years upon specific yearly approval by the
City Council. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two
(2) years using the Consumer Price Index for a category of work comparable to this service.
Page 4 of 13
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Transportation of the City of Port Arthur Landfill Leachate to the City of Port Arthur's Port
Acres Sewage Treatment Facility on Highway 365
BID DUE DATE: April 6,2016
DESCRIPTION COST
Tank Truck w/Operator, full load $ 280,00/3,200 gals
Tank Truck w/Operator,partial load $ ,,2/40,OD /1,000 gals
Tank Truck w/Operator, full load $ 70 DD/hour.
Tank Truck W/Operator, partial load $ 7D..00 /hour.
Minimum hours charged per call-out, full or partial load hours
/DDD 2e15/,(/eSS a&Zl c�
COMPANY NAME STREET ADDRESS
i
SI 1:;"11— :•�i OF BIDDER P.O.BOX
�� j/ ?a,er�z M X 7>inyo
(PRINT OR TYPE NAME) CITY STATE ZIP
g 3 6 v
TITLE AREA CODE TELEPHONE NO.
�c�2��7F@S�.eirr74J,9S era )
EMAIL
Page 5 of 13
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
II hereby certify that I do not have outstanding debts with the City of Port Arthur. I further pay
a ree to
succeeding debts as they become due.
g
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
., . F d- :...i - !,c
Firm Name Date
Auth >z Signature Title
LC,Z A/ S. E 2i --7,c VO 9 733p 310 .0
Name(please print) Telephone
e.:L - _5-'2 ' I ,
Email
STATE: --X
COUNTY:.�( ,e7z504/
SUBSCRIBED AND SWORN to before me by the above named r,Q n i,) A ckb,t,)
on this the J4 - day of `3'Y)G:'te�� ,20 /(0 . J
hilt SERENA ANN COPELANA A ! . {. F .,�i (�
Notary ID el 128460280 otary public
,�^�, My Commission Expires
"44,M'40' December 2,2018
RE U7J ITS AFFDAVIT AS PART OF THE BID PROPOSAL
Page 7 of 13
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS §
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made
to any competitor or any other person engaged in the same line of business, nor has the signatory or
anyone acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature:
„a:_ -!'
Printed Name:
Title:
/17a�A16 7L
Company:
Date:
3-, V-4,
SUBSCRIBED and sworn to before me the undersigned authority 142111)9u- the bat4 f c 1, S�
behalf of said bidder. Q1 7!� n�� onSt1(�
r\
iary
Qa_ 1 Al (bp%.fit:Id•
ZT20?T Da ANN12846000PELPublic in and for the
State of Texas
v My commission expires: k_Qt a i "K
Page 6 of 13
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491,80`h Leg.,Regular Session.
This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7'h business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this
section is a Class C misdemeanor.
1.Name of person who has a business relationship with local governmental entity.
2. Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3.Name of a local government officer with whom filer has employment or business relationship.
Name of Officer
This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income, from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes Er No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director,or holds an ownership of 10 percent or more?
Yes ✓ No
D. Describe each employment or business relationship with the local government officer named in this section.
4.
Signature of person doing business with the governmental entity Date
Page 8 of 13
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port
Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall
deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid
is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response
to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
Page 9 of 13
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The
City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure
to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or
the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or
interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each
item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful
bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Solid Waste, P.O. Box
1089,Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This
agreement is performable in Port Arthur, Texas,Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules,
orders, regulations and codes of the federal, state and local governments relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer,
employee or agent of the City who exercises any functions or responsibilities in connection with the planning
and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract;
and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City
from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or
any money to the City until such debts are paid or until satisfactory arrangements for payment has been made.
Bidders must complete and sign the AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
Page 10 of 13
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option
of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
TERNIINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least
thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor
to furnish releases or receipts for any or all persons performing work and supplying material or service to the
Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its
interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a
result of his fault or negligence in connection with the work performed until completion and final acceptance by
the City.
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SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any
sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur
written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas,
unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury$500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury$1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage$100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles
coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per
occurrence for bodily injury and$100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required
(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates
and expiration dates) and to date and sign and do all other things necessary to complete and make into valid
certificates of insurance and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that
coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor(s)as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event
be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract.
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NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,
the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday
through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.
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