Loading...
HomeMy WebLinkAboutPR 20311: PURCHASE OF USED PIPEBURSTING EQUIPMENT FOR UTILITIES DEPARTMENT 4 _` a' i On,of - N.. i Ort rthtrr Tesas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 12, 2018 To: The Honorable Mayor and City Council Through: Mr. Harvey Robinson, Interim City Manager From: Dr. Hani Tohme, Utilities Director RE: P.R. 20311 —Purchase of used Pipebursting Equipment for Utilities Department Introduction: The intent of this Agenda Item is to seek City Council's approval for Interim City Manager to purchase used pipebursting equipment in the amount of$280,000.00 from Brystar Construction, Inc. of Beaumont, Texas. Only one (1) vendor submitted a bid. Background: The used pipebursting equipment will be utilized by the Utilities Department to replace old and deteriorated sanitary sewer lines City-wide. The rehabilitation of the sanitary sewer pipe will decrease Inflow and Infiltration (I/I) of storm water into the Collection system and reduce the number of sanitary sewer overflows. Budget Impact: The used pipebursting equipment has a competitive purchasing quote of $280,000.00 from Brystar Construction, Inc. of Beaumont, Texas, and will be paid out of Account No. 410-1255- 532.92-00, Equipment (equipment account funded by the Industry). Recommendation: It is recommended that City Council approve the Interim City Manager to purchase the used pipebursting equipment, as discussed and/or outlined above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R. No. 20311 06/12/18 bw/ht Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE USED PIPEBURSTING EQUIPMENT FOR THE UTILITIES DEPARTMENT FROM BRYSTAR CONSTRUCTION, INC. OF BEAUMONT, TEXAS, WITH THE PROJECTED BUDGETARY IMPACT OF $280,000.00; FUNDS ARE AVAILABLE IN WATER UTILITIES ACCOUNT NO. 410-1255-532.92-00, EQUIPMENT. WHEREAS,the sanitary sewer pipes in the City of Port Arthur are in need of replacement; and, WHEREAS, the pipebursting method has been selected to accomplish this task utilizing City employees; and, WHEREAS,this equipment will be an essential part of the operation; and, WHEREAS,Purchasing Department administered a competitive bid process as delineated in our Purchasing Policy and only one (1) vendor submitted a bid for the used equipment; and, WHEREAS, Brystar Construction, Inc. of Beaumont, Texas, through the competitive bid process,provided the quote attached hereto as Exhibit"A", which meets our specifications. NOW THEREFORE,BE IT RESOLVED BY CITY COUNCIL OF CITY OF PORT ARTHUR: THAT, City Council hereby authorizes the purchase of used pipebursting equipment from Brystar Construction, Inc. of Beaumont, Texas through the competitive bid process organized by Purchasing Division,with the projected budgetary impact of$280,000.00; and, THAT, funding for this equipment is provided for in account number 410-1255-532.92- 00 and funded by Industry; and, THAT,a copy of the caption of this resolution be spread upon the minutes of City Council. P. R. No. 20311 06/12/18 bw/ht Page 2 of 2 READ, ADOPTED, AND APPROVED THIS day of 2018 at a Regular Meeting of City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Councilmembers: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO THE AVAILABILITY APPROVED FOR ADMINISTRATION: OF FUNDS: Andrew Vasquez, CPA, Harvey Robinson, Director of Finance Interim City Manager Ch if Williams, CPPB. Dr. Hani Tohme, P.E., Purchasing Manager Interim Director of Water Utilities APPROVED AS TO FO' : / AP• Val R. Ti eno City Attorney . P. R. No. 20311 06/12/18 bw/ht Page 5 of 2 EXHIBIT A (Brystar Construction Quote for Used Pipebursting Equipment) ::. , _,-. ,, ..., '' / 4- 0. . ..._ __ x H Z d o ti H H 0 0 a 14 44 CIA a) N O `r+ d E.., A 0 0 0 0 0 0 0 O 0 C O i„i 1 c 0 0 0 0 0 0 0 o c c U c o 0 0 0 0 0 0 o c = Ws o r- M en WI 00 R. c o M •1 v, e•i o ri H z g 1 e 0 C.) g z CC u ', d F z w a173 rii N a O N W i. Q R W 73 Go a 'a o a i i COo '" X w Ci. 7 v o 4 C C 00 CA O -J C L n Z 11 W :i I. 'C 0 0C g O fn O w A = 0 3 - - _ .< �.lc .. z mz � � c d 'CZ o L o L N V V J } CY, OOCa. 0 u :a ca Ca ,4 C c V W W Q - L 0 d bt 0 Cl) C y A r F x U m w :b w k: •- DERRICK FORD FREEMAN,MAYOR ! . HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM city of INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. o r t r t h u CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Tt.t'" VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK May 21, 2018 REQUEST FOR PROPOSAL Used Pipe Bursting Equipment for Utility Operations DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, June 6, 2018. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, June 6, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P18-074 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of your RFP 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 Request for Proposal should be directed in writing to: City of Port Arthur, TX Clifton Williams, CPPB, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(a,portarthurtx.gov SUBMIT THE FORMS REQUESTED ON PAGE 4 WITH THE INFO REQUESTED IN PROPOSAL Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL(RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS 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 RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 18 REQUESTS FOR PROPOSALS USED PIPE BURSTING EQUIPMENT FOR UTILITY OPERATIONS (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: 1'3 r s ewyk-irack ( _73 PersotlCompleting Form: Telephone: 1, c,s1 Pke6aS ¢0q -6Z8 Mailing Address: Email: g39 5 ��e cwt V gry . C ads . C.o.^ City, State, Zip Code: Dale: g 4, tib, 77'7 ) /6 Page 3 of 18 SUBMIT THE FOLLOWING FORMS WITH THE REQUESTED INFO IN RFP 1. BID SHEET—PAGE 7. 2. NON-COLLUSION AFFIDAVIT—PAGE 8 (MUST BE NOTARIZED) 3. AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) 4. CONFLICT OF INTEREST -PAGES 10 & 11 (IF NO CONFLICT,WRITE NA ON LINE 1 AND SIGN AND DATE ON LINE 7). 5. HOUSE BILL 89 VERIFICATION-PAGE 12 6. SB 252CHAPTER 2252 CERTIFICATION- PAGE 13 Page 4 of 18 SPECIFICATIONS FOR USED PIPE BURSTING EQUIPMENT The used pipe bursting equipment requested must be a 2012 or newer model with no more than 25o total operating hours on the meter. Any improvements or repairs to the equipment must be listed with the bid proposals. Bidding price must include shipping to our facility. List of equipment: 1. Power Pack 800G and 1250G Hydraulic 2. Remote controller 3. Hose package with a minimum of 150' of additional hose 4. 4-Leg cable sling 5. 4-Leg chain sling 6. Minimum 500' Rods 7. Guiding Rod 8. Male to Male Adaptor 9. 6" Expander 10. 8" Expander 11. Deliver the equipment to the following address City of Port Arthur Water Service Center 111 H. 0. Mills Road Port Arthur, TX 77640 Page 5 of 18 EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Quality of Equipment (40 points) b. Warranty (15points) d. Cost (45 points) 2. The City may request to come see the equipment before recommending to Council 3. City staff shall recommend the highest ranked equipment to the City Council and request authority to purchase. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 6 of 18 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Used Pipe Bursting Equipment BID DUE DATE: June 6,2018 ITEM UNIT COST Power Pack 800G and 1250G Hydraulic -gif 34,gOO.06 Remote controller J S 00 0.00 Hose package with a minimum of 150' of additional hose 3, 700•OO 4-Leg cable sling . ' 350.00 4-Leg chain sling 3e0(3•04 Minimum 500' Rods / a), 100. 00 Guiding Rod goo.a..) Male to Male Adaptor I (' 004. o0 6" Expander S ,r0 O. 0 O 8" Expander 1 2 46o.O1 SUBMIT THE ADDITIONAL INFO ABOUT EQUIPMENT ON A SEPARATE PAGE !6r ,r & t 'Pe( n3, _ A C . 9 9S C_l�e�"`iC& 1 e( COM5 n PANY NAME STREET ADDRESS SIGNATURE OF BI DER P.O. BOX Pile / s 'Beek ,&047774 PRIM' OR TYPE NAME CITY STATE ZIP RreSi cues 46 c' 042-6 8 TITLE AREA CODE TELEPHONE NO. EM L FAX NO. Page 7 of 18 YST4ft CONTRACTING, INC, 8385 Chemical Road •Beaumont,Texas 77705 • (409) 842-6768 June 6, 2018 City of Port Arthur City Secretary 444 4th Street,4th Floor Port Arthur, Texas 77640 Re: Sheet 7 of 18 Bid Sheet Additional Information on Equipment To Whom It May Concern: Brystar offers the following additional information for your review and consideration for the Used Pipe Bursting Equipment: 1. Price Breakdown: breakdown on sheet 7 of 8 is for informational purposes of equipment that we have on-hand. This equipment is being sold as a package for the Lump Sum Price of$280,000.00 2. Warranty: Equipment is being sold AS-IS and will be delivered in working order to the City of Port Arthur. 3. Taxes: Base bid does not include any applicable taxes. 4. Equipment Information: 1 Each 800 G Grundoburst Serial Number: 1711179 1 Each Power Pack 800 and 1250G Serial Number: HYB11 1120035 1 Each Power Pack Remote Controller with Cable 6 Each Rod Magazines Complete 86' Each x 6 = 516 LF of Rods 1 Each Hydraulic Hose Package 1 Each Extraction Frame and Plate 1 Each Elbow Rod 1 Each Lifting Sling 1 Each 6" Expander 1 Each 8" Expander 1 Each Guiding Rod 1 Each M-M Adaptor 1 Each Operators Manual 1 Each Tools and Accessories Catalog Approximately 254 Hours on the Unit. 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: I/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. t Firnt'IVame Date . -C .--(-----\?4--- Pre.S t(I e it Authorized Signature Title Z Td0. ,* cP i, . Ii0 ( 409 - 842 - a,767g Name (please print) Telephone Email STATE: '7& i S COUNTY: 3eMcrf5i- SUBSCRIBED AND SWORN to before me by the above named $!'cyq^ 'PA efps_ on this the 6 day of –0 A e , 20 / 5' . SUZAN r rLUBECK (� .e_ 1� " ID#3153072 7;0 My Commission Expires Notary blit ��: October 26,2021 illgi14-/Xci— RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire-reflects Changes made to the law by M.B.23,84th Leg,Regular Session. OFFICE USE ONLY This questionnaire Is being filed in accordance with Chapter 176,Local Government Code,by a vendor who pate Received has a business relationship as defined by Section 178 001(1-al with.a local governmental entity and the vendor meets requirements under Section 176.008(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 vendor becomes aware of facts that require the statement to be flied. See Section 178 008(a.1),Local Government Code. A vendor commits en offense if the vendor knowingly violates Section 176 006,Local Government Code.An offense under this section is a misdemeanor. if Name of vendor who has a business relations//hip with local governmental entity. l3 r ySfa-f" Con 4r4.ch n.e� .,-- ' . JEi a�r Check this box it you are filing an update to eviousty filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the.date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about om the Information is being disclosed. Name of Officer Al Describe each employment.or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A).Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form CIO as necessary. )Uaf1e A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than Investment Income,from the vendor? f Yes u No /44 B. Is the vendor receiving or likely to receive taxable income,other than Investment Income,from or at the direction of the local government officer or a family mernber of the officer AND the taxable income Is not received from the local governmental entity? n Yes ED No A/� J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership Interest of one percent or more. AOA Q. J I n Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described In Se g Sig78,003O(2)(B),excluding gifts described In Section 176.003(a-1). J Signe a of vendor doing business‘th the governmental entity pare Form provided by Texas Ethics Commission www.ethics.state.tx us Revised 11/30/2015 Page 9 of 18 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity. Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.usl Docs/LG/htrn/LG176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not:include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of;goods or services from aperson that's chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2)the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the datethat the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local govemmental entity and vendor has been executed;or (ft) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)A vendor shall file a completed conflict.of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor. (A) begins discussions or negotiations to enter Into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a) (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethic's Commission wv w.ethics:state.tx.us Revised 11/30/2016 Page 10 of 18 CITY OF PORT ARTHUR,TEXAS 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: Printed Name: �4e%s r3 ff — Title: Pies t C1 el�T- Company: Styr 65A - Y&c7 . ,5 Date: 3(-Ir. e C 2o /.9 SUBSCRIBE and sworn to before me by the above named CEt'9C.11 c'4S� on this the fo�ay of / c , 20 / 8 . _ �, �. Notary Pu is in and for the =opPY; MtViE HOLUBECK �15- ID#3153072 State of Texas `ai,��. My Commission Expires October 26,2021 _ mm.......... My commission expires: -<)6 Page 11 of 18 House Bill 89 Verification I, ' r a 1 . Q/c e(,oS (Person name), the undersigned representative (hereafter referred to as "Representative") of f' c7 - .b (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF ''EPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of 3e , 20/g. Notary Public „so rye SUZANNE HOLUBECK r°�,�c CID#3153072 Page 12 of 18 %0FI My 0=272E2Pires SB 252 CHAPTER 2252 CERTIFICATION 1, rL tyan ?4 e l0,1 , the undersigned and representative of (Company or usiness Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051 , Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. QA P4e (rt Name of Company Representative (Print) r1 ti Signature of Comp:ny Representative 6/6/,9 Date Page 13 of 18 addendum. Failure to acknowledge and submit any addendum may be cause for the proposal 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. All addenda will be numbered consecutively, beginning with 1. 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.: Utility Operations, 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. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. 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 RFP. Page 15 of 18 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. 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 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. Page 16 of 18 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 Contract 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 Page 17 of 18 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. Page 18 of 18