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Home My WebLink AboutPR 19490: CONTRACT WITH AMERICAN PERSONNEL & TEMPS P. R. No. 19490 8/17/16 - sb RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AMERICAN PERSONNEL& TEMPS OF BEAUMONT, TEXAS, FOR PROVIDING SCHOOL CROSSING GUARD SERVICES FOR THE POLICE DEPARTMENT, IN THE AMOUNT OF $14.70/HR, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF$83,056.00,TO BE CHARGED TO POLICE ACCOUNT NO. 001-1101-521.54-00 WHEREAS, the City advertised for bids for School Crossing Guard services; and WHEREAS,only one vendor responded to the invitation to bid,that being American Personnel& Temps of Beaumont, Texas; and WHEREAS,the City desires to enter into a one year contract for school crossing guard services on public streets with American Personnel&in the amount of$14.70/hr.,with an annual projected budgetary impact of$83,056.00, with the option to renew for two additional years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct. THAT,the City Council hereby authorizes the City Manager to enter into a contract with American Personnel & Temps, for School Crossing Guard Services at $14.70 per hour, with an annual projected budgetary impact of$83,056.00. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED on this day of , A.D., 2016, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: z.pr19078.pd Mayor: Councilmembers NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: !it / N.) eA) No Val Tiz-iii City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal City Manager APPROVED TO FUND AVAILABILITY: //12441 A"A'41- te'criPc(IV 4%1 %/401. Terry Dale, CPA m0. Clift.n Williams Interim Director of Finance Acting Purchasing Manager z.pr19078.pd EXHIBIT "A" z.pr 19078.pd , _.„..,.z. ,_-___ _.: :s-u,. 4 City of �,. '' CITY OF PORT ARTHUR, TEXAS nrt rthu — TexasBid Tabulation School Crossing Guard Bid Opening Date: August 10, 2016 Name of Bidder American Item # School Location UOM Personnel &Temps 1. Dequeen 7th & Dequeen HR $14.70 2. Dick Dowling - 6301 Pat Ave HR $14.70 3. Lee 3900 10th St. HR $14.70 4. Sam Houston 36th St. &5th Ave. HR $14.70 5. Sam Houston 39th St. & 5th Ave. HR $14.70 6. Travis Lewis Dr. & Lakeview Ave. HR $14.70 7. Travis Imhoff HR $14.70 8. Tyrrell 4401 Ferndale HR $14.70 9. Washington 1300 Texas Ave. HR $14.70 10. Sabine Pass 5641 S. Gulfway Dr. HR $14.70 11. St. Catherine 3706 Woodrow HR $14.70 12. Tekoa 326 Thomas Blvd. HR $14.70 13. Tekoa-North 3617 Gulfway Dr. (rear) HR $14.70 Location Beaumont, TX .� / H'L BUJ ,m , ?- 7c)- ct.ul i0 Clifton Williams, Acting Purchasing Manager Date EXHIBIT "B" z.pr19078.pd CONTRACT FOR SCHOOL CROSSING GUARD SERVICES THIS AGREEMENT, made this the day of , 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "City" , and American Personnel & Temps, of Beaumont, Texas, a corporation herein acting by and through Earl Frost, herein after called "Contractor" . WITNESSETH: That for and in consideration of the payments, terms, conditions, and agreements set forth herein, CITY and CONTRACTOR, agree as follows : (1) The Contractor agrees to perform all the work described in the specifications and the contract documents, and comply with the terms therein; two (2) hours per day, five (5) days a week, holidays excluded, at an hourly rate of $14 . 70, at a project annual cost of $83 , 056 . 00 , from August 23 , 2016 to August 22 , 2017, with an option to extend the contract for up to two (1) year periods . (2) The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for bids c) Addenda d) General information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed i) Bid Bond This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns . IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement (2 copies) in each of which shall be deemed an original on the date first written above . SIGNED on this the day of , 2016 . CITY OF PORT ARTHUR BY: Brian McDougal City Manager SIGNED on this the day of , 2016 . CONTRACTOR AMERICAN PERSONNEL & TEMPS BY: Print Name: Title: DERRICK RAYMOND SCOTT,JJR,MAYOR PRO TEM �; t / BRIAN MCDOUGAL '� CITY MANAGER Enemy COUNCIL MEMBERS: City of Cir SHERRI BELLARD,TRMC CITY SECRETARY TIFFANY HAMILTON �, {�`,� MORRIS ALBRIGHT,IHc�__ VAL TREND KEITH RICHARD Ort r t n tt r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Texas CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JULY 26,2016 INVITATION TO BID SCHOOL CROSSING GUARD DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 10, 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, August 10, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P16-053 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 and Scope of Work should be directed in writing to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department 1 Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 444 4th Street1 Port Arthur,Texas 77641 1 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS 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. I10 J Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 16 INVITATION TO BID SCHOOL CROSSING GUARD (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked 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 product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3of16 AUTOMATIC DISQUALIFICATIONS OF BID BIDDER WILL BE DISQUALIFIED IF ANY OF THE FOLLOWING ACTIONS ARE DONE. 1. BIDDER DOES NOT WRITE IN PEN. 2. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 3. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGE 8. MAKE SURE TO FILL IN PRICE. B. NON-COLLUSION AFFIDAVIT- PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT- PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 11 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 of 16 ,1 SPECIFICATIONS FOR SCHOOL CROSSING GUARD SCOPE OF WORK: The contractor shall provide a full- service program to provide school crossing guards for the Port Arthur Independent School District. The contractor will administer and coordinate the program fully. There are a total of Thirteen(13) locations in our city, a copy of those locations are included in this bid document. Guards must be provided in both the morning and afternoon hours during the school year. The contractor shall recruit, select and employ crossing guards and alternate crossing guards as required to provide coverage at each crossing guard post on each day when guards are required in accordance with the adopted school calendars provided by the school district. The contractor is responsible for the application process and determining the suitability and qualifications of the guards hired. All crossing guards employed by the contractor to perform services under this contract shall meet the qualification specified in the Scope of Work. The contractor shall remove, and replace, any assigned personnel deemed unacceptable by the City. Replacement personnel shall be assigned immediately after the removal of any personnel. MINIMUM STANDARDS FOR SCHOOL CROSSING GUARDS Qualifications: Crossing guards provided by the contractor to provide services under this contract shall: 1. Be at least eighteen(18)years of age. 2. Be physically and mentally capable of performing the duties of a crossing guard. 3. Have the ability to give and follow oral instructions. 4. Have the ability to establish and maintain effective working relationships with children, parents, school officials and law enforcement officials. 5. Have the ability to remain calm and use judgment and initiative in an emergency situation. 6. Be free of any criminal offenses involving children, see Section 6 below. 7. Be capable of speaking fluent English. DUTIES OF CROSSING GUARDS Crossing guards shall: 1. Halt vehicles when necessary by waving the hand-held-"Stop" sign in a manner that will catch the attention of vehicular traffic until all cars have stopped and children are safely across the road. 2. Maintain order among children assembled at street crossing points and permit them to cross only when they can do so safely. 3. Walk with the children across the street at the designated cross-walk while continuing to monitor vehicular traffic and holding the"Stop" sign as high as possible. Page 5 of 16 '' 4. Once the guard and the children have crossed the street, the guard will lower the sign and signal the stopped drivers that all is clear and it is safe to continue. At no time will the guard or the children enter the roadway until all cars have stopped 5. Report to the Police Department the license plate numbers of motor vehicles who violate traffic laws or crossing guard instructions. 6. Make children aware of the elements of traffic safety and operation of pedestrian controls. 7. Report to school authorities the names of children who do not follow safety regulations. 8. Wear a reflective traffic safety vest at all times when on duty. The guard will never utilize any other means in attempting to stop vehicular traffic. Should a guard encounter a problem with stopping traffic or encounter any other difficulties which interfere with crossing guard duties,the guard will notify the Port Arthur Police Department immediately and request assistance. When children are not present, the guard has no duty to regulate vehicular traffic and is prohibited from performing this task. Training will be provided by the Port Arthur Police Department. The Contractor shall provide a large fluorescent vest with the words "Crossing Guard" in bold print on the front and rear and a hand-held "Stop" sign for each crossing guard. Guards' attire should be conservative and suited for the weather. This Contract will terminate approximately twelve (12) months from date of execution with the option to renew two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but is not limited to,funding not being available in any budget cycle with thirty (30) days written notice. • Page 6 of 16 SCHOOL CROSSING GUARD LOCATIONS tem School Location Mornin Afternoon Dequeen 7th&Dequeen 111111 7:00 am- 8:00 am 3:00 pm-4:00 pm Dick Dowling 6301 Pat Ave 7:30 am- 8:30 am 3:15 pm-4:15 pm 11111111111111111 3900 10th St 7:15 am— 8:15 am 2:45 pm—3:45 pm 4 Sam Houston 36th St& 5th Ave 7:30 am— 8:30 am 3:15 pm-4:15 pm Sam Houston 39th St& 5th Ave 7:30 am- 8:30 am 3:15 pm-4:15 pm 1111 6 Min Lewis Dr. & Lakeview Ave 7:30 am— 8:30 am 2:45 pm—3:45m Travis Imhoff p 7:30 am-8:30 am 2:45 pm-3:45 pm 8 MEM 4401 Ferndale 7:30 am—8:30 am 3:15 pm—4:15 pm 9 Washin_ on 1300 Texas Ave 7:30 am—8:30 am 3:00 .m-4:00 pm 10 Sabine Pass 5641 S. Gulfwa Dr 7:15 am- 8:15 am 2:45 .m-3:45 pm 111111111Mill 3706 Woodrow 7:30 am— 8:30 am 2:40 pm—3:40 pm Tekoa 326 Thomas Blvd 7:30 am— 8:30 am 3:15 pm—4:15 pm Tekoa—North 3617 Gulfway Drrear � ) 7:30 am— 8.30 am 2:30 pm—3:30 •m Page 7 of 16 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: School Crossing Guard BID DUE DATE: August 10, 2016 Item # School Location Cost Per Hour 1 Dequeen 7th & Dequeen (14 (-it) 2 Dick Dowling 6301 Pat Ave .--70 3 Lee 3900 10th St IL, lb 4 Sam Houston 36th St& 5th Ave 1L4- —1° 5 Sam Houston 39th St& 5th Ave D 6 Travis Lewis Dr. & Lakeview Ave `$ 14. lo 7 Travis Imhoff Ett 14- 10 8 Tyrrell 4401 Ferndale a 4- iD 9 Washington 1300 Texas Ave 4 14. 10 10 Sabine Pass 5641 S. Gulfway Dr 14 —7() 11 St. Catherine 3706 Woodrow Cti ((4. 10 12 Tekoa 326 Thomas Blvd di' 14.-70 13 Tekoa—North 3617 Gulfway Dr(rear) 1 . 1a Receipt of addenda is acknowledged: No. I Dated Received 4)-ert`can P.R.1( onn_e_( COMPANY NAME STREET ADDRESS SIGNATURE O IDDER P.O. BOX C(.11 ay- Be o immtte T ._ PRINT OR TYPE NAME CITY STATE ZIP ere s;d en- 1- d3 ID TITLE AREA CODE TELEPHONE NO. af*e.nPsis3b - ne± )-4 ✓ a95- EMAIL FAX NO. Page 8 of 16 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: � /l Printed Name: ie CPI Title: tat Company: Qr. C 6JPer.soninei \ `- l tY1 p;i Date: -7(0-g I ,y0 I tQ SUBSCRIBED and sworn to before me the undersigned authority byX) i e (90' of, , behalf of said bidder. /110111 la Z,,, SHANNON DAWN WILLIAMSON / .►r:°? Notary Public,State of Texas Nota 'ubltc in and for • �,}�, My Commission Expires St. e of Texas December 31, 2017 My commission expire l c7 Page 9of16 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 and signed offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. 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 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. n (61) fSii.Mtla � s I�� )a-D Firm Name }}Date _ Oftrre Authorized Sign•t e Title iu Name (please print) Telephone G pt--Pak pS Cr' '9,,u be. Em`ail STATE: Tx COUNTY: le (- ..Y s(JY ) SUBSCRIBED AND SWORN to before me by the above named -var. 1 on this the cPtJ r ` day ofu"" ' , 20 I . `sg.......... SHANNON DAWN WILLIAMSON N Ty Pu. .41111 ;_; �? Notary Public.State of Texas so% y= My Commission Expires •��1 b IIVA/IT S PART OF THE BID PROPOSAL Page 10 of 16 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 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 7th 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. f\I 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 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. 7.... 2 171d&/ 1L Signature of pe edoing business with the governmental entity Date Page 11 of 16 ;,, l', 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. Page 12 of 16 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 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.: Police, 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 601f 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. Page 13 of 16 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. 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. TERMINATION 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 Page 14of16 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. 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. Page 15 of 16 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. 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. Page 16 of 16 !r,