HomeMy WebLinkAboutPR 20601: PURCHASE OF HDPE PIPE FOR WATER UTILITIES DEPARTMENT City of '
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011 11111
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: December 7, 2018
To: The Honorable Mayor and City Council
Through: Mr. Harvey Robinson, Interim City Manager
From: Dr. Hani Tohme, Utilities Director
RE: P.R. 20601 —Purchase of HDPE Pipe for Water Utilities Department
Introduction:
The intent of this Agenda Item is to seek City Council's approval for Interim City Manager to
purchase 15,000 feet of 8" HDPE pipe at $7.79/ft. for a total of$116,850.00 from Rural Pipe
& Supply of Jasper, Texas. Six (6) vendors submitted bids.
Background:
The HDPE pipe will be utilized by the Utilities Department's pipebursting crew 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. Purchasing received six (6) bids on November 21,
2018. Rural Pipe& Supply was the lowest bidder.
Budget Impact:
The HDPE has a competitive purchasing bid of $116,850.00 from Rural Pipe & Supply of
Jasper, Texas, and will be paid out of Account No. 410-1255-532.33-00, Sewer System
Maintenance.
Recommendation:
It is recommended that City Council approve the Interim City Manager to purchase the HDPE
pipe, as outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 * Port Arthur,Texas 77641-1089 x 409.983.8101 * FAX 409.982.6743
P. R. No.20601
12-07-18 to
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PURCHASE
OF HDPE PIPE FOR THE WATER UTILITIES
DEPARTMENT FROM RURAL PIPE & SUPPLY OF
JASPER, TEXAS, FOR THE TOTAL AMOUNT OF
$116,850.00; FUNDS ARE AVAILABLE IN WATER
UTILITIES ACCOUNT NO. 410-1255-532.33-00,
SEWER SYSTEM MAINTENANCE.
WHEREAS, the sanitary sewer pipes in the City of Port Arthur are in need of
replacement; and,
WHEREAS, the pipe bursting method has been selected to accomplish this task utilizing
City employees; and, -
WHEREAS,this pipe will be an essential part of the operation; and,
WHEREAS, Purchasing Division received six (6) bids for 15,000 feet of 8" HDPE pipe
for City of Port Arthur, as delineated in our Purchasing Policy; and,
WHEREAS, Rural Pipe & Supply of Jasper, Texas provided the lowest bids attached 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 HDPE pipe from Rural Pipe &
Supply of Jasper, Texas in the amount of$116,850.00; and,
THAT, funding for this equipment is provided for in account number 410-1255-532.83-
00 and Water Utilities, Wastewater Conveyance Division, Sewer System Maintenance; and,
THAT, a copy of the caption of this resolution be spread upon the minutes of City
Council.
P. R. No. 20601
12-07-18 to
Page 2 of 3
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 Freeman
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Valecia Tizeto
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson Dr. Hani Tohme, P.E.
Interim City Manager Director of Water Utilities
P. R. No. 20601
12-07-18
Page 3 of 3
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
44-
Andrew
Vasquez, CPA
Director of Finance
C ift n illiams, CPPB
Purchasing Manager
EXHIBIT A
(Bid Tabulation)
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CITY OF PORT ARTHUR, TEXAS -
BID SHEET - - -
BID FOR: Purchase of HDPE Pipe
BID DUE DATE: November 21,2018
Solid Wall Polyethylene Pipe (HPDE)
Approximate Description Price Per FT. Total Price
Qty.(FT)
8" HDPE Pipe SDR 17,
5,000 I.P.S Gray with White i 00
Markings, 40ft.joints. $ 7. 'Ile $ q ody,
8" HDPE Pipe SDR 17, /
10,000 I.P.S Gray with White �' d�/f / 0
Markings, 40ft.joints. $ $ I /600
8" HDPE Pipe SDR 17, ,
15,000 I.P.S Gray with White 7 7� p
Markings,40ft.joints. $ $ //4/ 8S D '—
Delivery Time ;_ 1 54,4 G
Pipe Manufacturer V t,i r‘ed Pc 1y S? S -16P15
if u/,4i p e SP/y vP So9 fr f�5 O,eCOMPANY N � 4/)
STREET ADDRESS
cSIist ..." a� P-e , (30k /�s�ORE O' BIDDER P.O. BOX
pS
;I,.p P4 ,[2.-- s ems 7y .7s-1s-J
PRINT OI TYPE NAME CITY STATE ZIP
-,__cilleJ N 4 ,./A fe_< 4-0- 304- -5-8 00
TITLE AREA CODE TELEPHONE NO
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IIFAX NO.
Page 5 of 16
•
City otCITY OF PORT ARTHUR,TEXAS
I
M
ort rth ADDENDUM NO. ONE (1)
Terns
November 16, 2018
•
Quotes For: Purchase of HDPE Pipe
The following clarifications, amendments, deletions, additions, revision and/or modifications are
made a part of the contract documents and change the original documents only in the manner and
to the extent hereinafter stated and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract
documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID
PROVISIONS.IN THE SUBMISSION OF THEIR BID.
Addendum as follows:
1. The stripe should be green not white.,
2. The different quantities are different options we may consider. It will not be a total
of 30,000 pipe.
If you have any questions, please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH
YOUR BID DOCUMENTS.
ll
1 ,d/1/4"1-
Clift Williams, CPPB
Purchasing Manager
•/ //—!G •/r
(----- ature of Preposer Date
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:
1�1. r ! "Iii
Title: < SA 2� Na Al,a ye_2
Company: XU7/4-/ pipe_) cc! /)/
7
Date: l�—/ - /,
A V�
SUBSCRIBED and sworn to before me the under igned authority b evto G 'the /(7 ofikcw- ov
behalf of said bidder. ,)v)Y
Notary Public i anfor the
;P •. PENNI Co
State of Texas
;: Notary Public State o/Texas
" i Notary ICM 1188091-2
•, .., My Commission Expires My commission expires:(ii Gig/ qac' f( O
Mt 20.2020 I
Page 6 of 16
AFFIDAVIT
All pages in Offerors 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:
nd
v 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.
QCArA,1 Ae. ge,ic // -16 - (V
Fir is jji • 0, / Date
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Sr, (r5
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A rued Si. at� e Title 74
OA j l 0 P641 ��.
L/0 3� S
Name (please print) Telephone
pot e(c) C,/ezAi c)e-)
Emil �
STATE: I fXcio5
COUNTY: J(610Pf
SUBSCRIBED AND SWORN to before me by the above named ii, I;,, gk
on this the /lam‘62day of Move he,, , 20 .
4 AFS,... PENNI COM1 11 /A— '' il,_
..
4 r Notary Pubtic,State of Texas ► No ary Public
0 t • I Notary IDN 1188091-2 o
1 "4 Pi My Commission Expires 0 /�VI a�m I�)c --)pi Ma j 6:)()
'•..'r 4;4 Mw 2042020 / '
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 7 of 16
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.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 Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor 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 vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
J me of vendor who has a business relationship with local governmental entity.
El C1
2
Check1 this box if you ar1efiiirig 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 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 whom the information is being disclosed.
Name of Officer
J 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
CIQ as necessary. -
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?
Yes No
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 member of the officer AND the taxable income is not received from the
local governmental entity?
Yes n No
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.
J
ITCheck 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 Section 176.003(a)(2)(13), excluding gifts described in Section 176.003(a-1).
I / � 7
1 ire-/—(c
S4aatdre of vendor ing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics state.tx.us Revised 11/30/2015
Page 8 of 16
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.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 a person that is 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 date that 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
vender;
(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 governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code g 176.006(a)and(a-1)
(a) Avendor 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,ora 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 Ethics Commission www.ethics.state.tx.us Revised 11.3012015
Page 9 of 16
SB 252
CHAPTER 2252 CERTIFICATION
I, WI 1.1 p A tom, , the undersigned an representative
of 12tliA ( /-yie PA/1.‘
(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.
ROriCt
Name of Company Represen(Itive'(Print)
/ f,
Signature of ompany Representative
7/— --
Date
Page 10 of 16
House Bill 89 Verification
711,1 ( `e_
(Person name), the undersigned representative
(hereafter referred to as "Representative") of
4.//4 4ie
(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.
/ • / �
SI •••• TURE O REPR SENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day
of MpkPni ,r , 20i .
`'�•P`6�% otary ,e) State of Texas
q . Notary ID it 1188091-2
` 2_.;.,3=',/ My Commission Expires Notary Public
',21;>0* Ma 20,2020
M COM 01)55'
h i SS i0n S 0'101
Page 11 of 16
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 12 of 16
1 i
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.: Utility Operations
Department, 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.
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 13 of 16
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 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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