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PR 20984: CONTRACT WITH ACIRE ENTERPRISE LLC FOR JANITORIAL SERVICES
i �J 4 City of lioort rthu — TFxuc INTEROFFICE MEMORANDUM WATER UTILITIES DEPARTMENT-ADMINISTRATION DIVISION Date: August 5, 2019 To: Ron Burton, Interim City Manager From: Donald Stanton, Interim Director of Water Utilities RE: P.R.No. 20984—Janitorial Contract with Acire Enterprise, LLC Back;round: On May 24th and May 31st, 2019, the City advertised for and received two (2) proposals for janitorial services for the Utility Service Center. Acire Enterprise, LLC of Beaumont, Texas was the highest ranked of the two (2) proposals with an annual projected budgetary impact of $20,800.00. The contract with Acire Enterprise, LLC is for one (1) year with the City's option to renew for two (2) additional years. Budget Considerations: Funding is available in account no. 410-1253-532.59-00, Other Contractual Services. Recommendation: I recommend that the City Council approve Proposed Resolution No. 20984 to execute a contract with Acire Enterprise, LLC of Beaumont, Texas for one (1) year with the City's option to renew for two (2) additional years with an annual projected budgetary impact of $20,800.00 from account no. 410-1253-532.59-00, Other Contractual Services. 808 401 et CA _ Um00 CE 5t -- Ce � / ; \ Si — cc © 0 1 � // ( e CA •B . ,f ( _ � $� § �� \� 0E C CV | 7 5 ■ _=kk t242r-Q2 g � , k \ k k � \ \ Z a c^ =/ ". 2 ■ « } } / ® § _ o k � kI 'To � � 88 Vic § ] § _§ 2 = � k � � 2 - ) j a C.) j 2 \ / 2 i1i } H { " 2 = „,„ » Xmm4) .07 § ¢ 0k �(� p d tee 2 'VII — / .117,11°// )':- ,, y £ Q JANITORIAL SERVICES FOR UTILITY SERVICE CENTER THIS AGREEMENT, made this day of August, 2019, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Acire Enterprises, LLC of Beaumont, Texas hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. This contract shall be for one year from the date stated on the Notice to Proceed. This contract gives the City the option to renew for two 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. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: Janitorial Services for the Utility Service Center $400.00 per week 5. The term"Contract Documents"means and includes the following: a. Agreement b. Addenda c. General Information d. Specifications e. Bid f. Notice of Award g. Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of , 2019. ATTEST: CITY OF PORT ARTHUR BY: Sherri Bellard Ron Burton City Secretary Interim City Manager Signed on the day of , 2019. WITNESS: ACIRE ENTERPRISES,LLC BY: Print Name: Title: DERRICK FORD FREEMAN,MAYOR " REBECCA UNDERHILL THOMAS J.KINLAW HI,MAYOR PRO TEM City of — INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. f)r t rth ur CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. T."" VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK MAY 21,2019 INVITATION TO BID JANITORIAL SERVICE FOR UTILITY OPERATIONS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 12, 2019. (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,June 12, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P19-063 DELIVERY ADDRESS: Please submit one(1)original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams P.O. Box 1089 Port Arthur,TX 77641 clifton.williams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 I 409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid(ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. �� Clifton Williams,CPPB Purchasing Manager Page 2 of 26 INVITATION TO BID JANITORIAL SERVICE 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: Person Completing Form: Telephone: I Mailing Address: Email: City,State,Zip Code: Date: Page 3 of 26 SUBMIT THE FOLLOWING. A. BID SHEETS -PAGE 6 B. NON-COLLUSION AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN &DATE ON LINE 7- PAGE 9 E. CHAPTER 2252 CERTIFICATION-PAGE 11 F. HOUSE BILL 89 VERIFICATION-PAGE 12 G. CERTIFICATION OF RESTRICTIONS ON LOBBYING- PAGE 18 H. BUY AMERICA CERTIFICATION-PAGE 19 Page 4 of 26 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Janitorial Services for Utility Operations will be held at the Utility Operations Service Center located at 111 H.O. Mills, Port Arthur TX on Thursday June 6, 2019 at 10:00 a.m. The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary,will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 5 of 26 SPECIFICATIONSFOR JANITORIAL SERVICES FOR UTILITY SERVICE CENTER& WATER PURIFICATION PLANT UTILITY SERVICE CENTER SCOPE OF SERVICES: To set forth the requirements and conditions for performing Janitorial/Cleaning services for locations listed below. The bidder shall perform the required services in all areas and shall be qualified to furnish a complete and efficient custodial service, including all labor, supervision, cleaning materials and equipment. The successful bidder(s) shall be prepared to perform each task as stated according to the work schedule. Janitorial Services shall be provided (3) days per week, Mondays, Wednesdays and Friday's during the hours of 9:00 a.m. -4:00 p.m. Any departure from this schedule due to holidays, weather or any special circumstances will only be made by agreement between the bidder and this department. Therefore, billing for services rendered must be based on the total number of completed services. Personal cleanliness items such as hand soap, bathroom tissue and dispenser towels for drying hands will be provided by this department. SQUARE FOOTAGE OF BUILDINGS TO BE CLEANED; Administrative Building: approximately 4,700 Break room approximately: 1,300 Office: approximately 319 AREAS TO BE CLEANED: The Warehouse Office Building (includes individual offices, hallway, kitchen, restrooms, shower area, locker room, warehouse office, assembly room, foreman's room). The Utility Administrative Building. SUPPLIES FURNISHED BY CONTRACTOR: Contractor shall furnish all materials and equipment including, but not limited to, cleaners, bowl cleaner, wax remover and wax, dust mops, damp mops, brooms, buffer, vacuum cleaners, cloths, furnish polish and anything else pertaining to cleaning as well as white plastic liners for trash wastebasket containers. CONTRACTOR SHALL PERFORM THE FOLLOWING SPECIFIC ITEMS OF WORK UNDER THIS CONTRACT: (City Representative may request additional cleaning if needed). SERVICES TO BE PERFORMED ONLY AT THE BEGINNING OF THE MAINTENANCE CONTRACT: These services are to be performed every 6 months Strip, seal, and wax tile floors of the warehouse and office building (includes individual offices, hallway, kitchen, restrooms, shower area, locker room,warehouse office, assembly room, foreman's room). SERVICE TO BE PERFORMED EVERY THIRD TUESDAY AFTER 4:00P.M.: Buff tile floors of the warehouse and office buildings with high speed buffer. (Includes area listed above). Wash outside surface of windows of both warehouse and office buildings. Page 6 of 26 SERVICE TO BE PERFORMED PER GENERAL MAINTENANCE VISIT: All floor surfaces will be swept and then wet mop with disinfectant cleaner, using a CLEAN mop. Include the warehouse and office buildings (areas listed earlier). All scuff marks will be cleaned. Clean all restrooms, including shower area and locker room. Mop restroom, shower area and locker room floors with CLEAN hot water and disinfectant cleaner. Clean and disinfect commodes, showers and urinals, clean the base and outside of commodes and urinals. Clean walls directly behind toilets and urinals with clean hot soapy water. (toilets, urinals, sinks, mirrors, soap dishes). Clean and polish mirrors, chrome, dispensers, and lavatories. Break-room must be cleaned with hot water and disinfectant. Wipe all tables and microwave oven. All sinks must be cleaned with appropriate cleaner. Vacuum and clean all carpet areas including entryway. All glass doors and glass panels will be cleaned to remove smudges and fingerprints. Clean doors inside glass (non-window), thresholds, and walls, inside surfaces of windows, ashtrays when needed. Dust and clean window sills and cabinets. Clear outside doorways of dirt, spider webs, and other debris. Wash and clean all floor mats. All Trash receptacles will be emptied, disinfected and lined. Provide/replace trash can liners as required. Trash can liners shall be replaced weekly at a minimum, or when they become stained, soiled, or torn. Dispose of trash in outside dumpster provided by the city. Clean all furniture to include desks, tables, chairs, file cabinets, bookshelves and telephones, taking care not to disturb papers left on desks. Drinking fountains will be cleaned and disinfected and all exposed metal shall be polished and kept free of foreign matter. Clean, dry polish all drinking water fountains with non-abrasive, odorless cleaner. All glass doors and glass panels will be cleaned to remove smudges and fingerprints. Mats and runners will be thoroughly vacuumed and kept clean. Vacuum all carpeted areas floor surfaces,remove spots as needed with the approved spot cleaners. Clean countertops, sinks, tables in kitchen and break room areas. Clean/dust surfaces of cabinets, appliances, and chairs. Cleaning tools (sponges, brushes etc.) used in kitchen and break room areas shall be used only in this area and shall not be used in any other area. Cleaning tools for kitchen and break areas will have a different color for items to be used. All restroom fixtures, including sinks, toilet bowls, toilet seats and urinals, will be scoured and disinfected and kept free of scales at all times. All toilet seats will be disinfected top to bottom. All bright metal accessories, including hardware on plumbing fixtures, partitions and dispensing accessories shall be cleaned and polished. All Soap,towel, and tissue dispensers will be filled nightly. Clean all mirrors. Outside windows must be cleaned once(1) a month. Restroom walls and partitions will be kept clean and free of spots, smudges and foreign matter. Page 7 of 26 Restroom floors will be cleaned by damp CLEAN mop and rinsing with a disinfecting cleaner. TRASH ON UTILITY OPERATION GROUNDS: Pick up all trash outside of building and in parking lot and placed in dumpster. VENTS, WALLS,BASEBOARDS,ETC.: Use vacuum cleaner or vacuum duster equipment and pull all dust from walls, ceilings, corners of rooms, vents, fan vents, and baseboards. CUSTODIAN COMPLAINTS& SERVICE REPORTS: Custodian Complaints & Service Reports and complaints from City Employees will be turned into the Utility Operations Supervisor. The Janitorial Service Contractor shall pick up the request and take corrective action immediately. SUPPLIES FURNISHED BY CONTRACTOR: Contractor shall furnish all materials and equipment including, but not limited to, cleaners, bowl cleaner, wax remover and wax, dust mops, damp mops,brooms, buffer, vacuum cleaners, cloths, furnish polish and anything else pertaining to cleaning as well as white plastic liners for trash wastebasket containers. PRODUCT RESTRICTIONS: ENDUST is not to be used at any time for any reason in any of the Utility Operations buildings—NO EXCEPTIONS. No harsh cleaners shall be used on wallpaper or vinyl walls. Do not use furniture polish on any metal surface. PRODUCT REQUIREMENTS: Johnson's Over and Under(or equal) Johnson's Step Ahead(or equal) All States Chemical's Lemon Glo Furniture Polish(or equal) Liquid Gold(or equal) Franklin's Spray Buff(or equal) Franklin's Disappear(or equal) NOTE: THE BURDEN OF PROOF PERTAINING TO EQUAL PRODUCT QUALITY OF REQUESTED MATERIALS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. EMPLOYEES: The supervisor's and employees' names and telephone number and supervisor's pager number/cell phone, if applicable, must be submitted before the contract begins. Contractor shall supply sufficient employees to maintain the buildings as required in these specifications. Personnel performing work under this contract shall be direct employees of the Contractor. The Contractor must ensure that all personnel assigned to this work site have at least one year's experience in the janitorial services industry, either with the contractor or another janitorial company. Should the maintenance of the Page 8 of 26 building deteriorate, the Contractor will be notified, in writing, and steps shall be taken by the Contractor to correct all problems. If the situation has not improved after a reasonable length of time, the Contractor shall be in violation of the contract and appropriate action shall be taken to rescind the contract. The City of Port Arthur shall have the right to require the dismissal from the premises covered by the contract any employee(s) whose conduct is improper, inappropriate, or offensive as determined by the City of Port Arthur. Any employee so dismissed from working on this contract shall not be allowed to return to the premises without the written consent of the City. Personnel not employed by the Contractor (including minors not employed by the contractor) shall not be permitted on the work premises. INSPECTIONS: The quality of the janitorial services performed under this contract shall be observed. Unscheduled job-site inspections will be performed by the City Representative. Any deficiencies or unsatisfactory performance shall be noted, and corrective action by the Contractor will be required. Continued failure to abide by the City's specifications will be grounds for termination of the contract. A minimum of one (1)monthly inspection will be made by the City Representative and Contractor's representative. The following definitions of terms shall be used in evaluating Janitorial services: Dusting - A properly dusted surface shall be free of all dirt and dust, dust streaks, lint, and cobwebs. Dusting shall be completed before vacuuming, sweeping/dust mopping. Sweeping/dust mopping-A properly swept or dust mopped floor shall be free of all dirt, grit, lint and debris. Vacuuming-A properly vacuumed carpet or floor shall be free of all dirt, dust, grit, lint and debris. All spots or stains shall be removed by the spot cleaning methods. The machine used to vacuum shall have adequate suction to lift dirt, grit and debris from the base of the carpet nap (3.5.amps or greater). All stains shall be removed immediately with an approved carpet cleaning solution in such a manner as to not leave rings or discoloration. Wet mopping- A properly wet mopped floor shall be free of all dirt,dust, grit, and debris. Fresh water, to which odorless detergent or cleaning agent has been added, shall be used with a sponge-type mop to removes all dirt and marks. Most of the water shall be squeezed from the mop prior to its application to the floor surface, to prevent free-flowing water from being applied to the floor. Damp mopping - A properly damp mopped floor shall be free of all dirt, dust, grit, marks and debris. Fresh water, to which an odorless detergent or cleaning agent has been added, shall be used with a sponge-type mop to remove all dirt and marks. Most water shall be squeezed from the mop prior to its application to the floor surface, to prevent free-flowing water from being applied to the floor. Glass cleaning- A properly cleaned glass/mirror surface shall be free of streaks dust film, deposits, debris, and stains shall have a uniformly bright appearance. All adjacent surfaces shall be wiped clean. Glass windows, doors and walls shall be cleaned both sides. Floor waxing, buffing- A properly waxed and/or buffed floor shall be free of dirt, dust marks, streaks, debris, built—up wax, and standing waters, and shall have a uniformly bright, lustrous appearance Sinks water fountain cleaning— these fixtures and their hardware, when properly cleaned, shall be free of all deposits, stains, streaks, film, and debris and shall be dry polished to a uniformly bright appearance. Plumbing- fixture, restroom stall, wall, floor cleaning- these restroom surface, when properly cleaned, shall be free of all deposits, stains, streaks, film, odor, debris, and germs. Page 9 of 26 WATER PURIFICATION PLANT SCOPE OF SERVICES: To set forth the requirements and conditions for performing Janitorial/Cleaning services for locations listed below. The bidder shall perform the required services in all areas and shall be qualified to furnish a complete and efficient custodial service, including all labor, supervision, cleaning materials and equipment. The successful bidder(s) shall be prepared to perform each task as stated according to the work schedule. Janitorial Services shall be provided(3) days per week, Mondays, Wednesdays and Friday's during the hours of 9:00 a.m. -4:00 p.m. Any departure from this schedule due to holidays, weather or any special circumstances will only be made by agreement between the bidder and this department. Therefore, billing for services rendered must be based on the total number of completed services. Personal cleanliness items such as hand soap, bathroom tissue and dispenser towels for drying hands will be provided by this department. SQUARE FOOTAGE OF BUILDINGS TO BE CLEANED; Administrative Building: approximately 5,355 AREAS TO BE CLEANED: The Water Plant Administration Building(includes individual offices,hallway,kitchen, restrooms, shower area, locker room,warehouse office, assembly room, foreman's room). The Utility Administrative Building. SUPPLIES FURNISHED BY CONTRACTOR: Contractor shall furnish all materials and equipment including, but not limited to, cleaners, bowl cleaner, wax remover and wax, dust mops, damp mops, brooms, buffer, vacuum cleaners, cloths, furnish polish and anything else pertaining to cleaning as well as white plastic liners for trash wastebasket containers. CONTRACTOR SHALL PERFORM THE FOLLOWING SPECIFIC ITEMS OF WORK UNDER THIS CONTRACT: (City Representative may request additional cleaning if needed). SERVICES TO BE PERFORMED ONLY AT THE BEGINNING OF THE MAINTENANCE CONTRACT: These services are to be performed every 6 months Strip, seal, and wax tile floors of the Water Plant Administration (includes individual offices, hallway, kitchen, restrooms, shower area, locker room,break room, lab rooms and office). SERVICE TO BE PERFORMED EVERY THIRD TUESDAY AFTER 4:00P.M.: Buff tile floors of the Water Plant Buildings with high speed buffer. (Includes area listed above). SERVICE TO BE PERFORMED PER GENERAL MAINTENANCE VISIT: All floor surfaces will be swept and then wet mop with disinfectant cleaner, using a CLEAN mop. Include the warehouse and office buildings(areas listed earlier). All scuff marks will be cleaned. Clean all restrooms, including shower area and locker room. Mop restroom, shower area and locker room floors with CLEAN hot water and disinfectant cleaner. Clean and disinfect commodes, showers and urinals, clean the base and outside of commodes and urinals. Clean walls directly behind toilets and urinals with clean hot soapy water. (toilets, urinals, sinks, mirrors, soap dishes). Clean and polish mirrors, chrome, dispensers, and lavatories. Page 10 of 26 All sinks must be cleaned with appropriate cleaner. Vacuum and clean all carpet areas including entryway. All glass doors and glass panels will be cleaned to remove smudges and fingerprints. Clean doors inside glass,thresholds, and walls, inside surfaces of windows. Dust and clean window sills. Clear outside doorways of dirt, spider webs, and other debris. Wash and clean all floor mats. All Trash receptacles will be emptied, disinfected and lined. Provide/replace trash can liners as required. Trash can liners shall be replaced weekly at a minimum, or when they become stained, soiled, or torn. Dispose of trash in outside dumpster provided by the city. Drinking fountains will be cleaned and disinfected and all exposed metal shall be polished and kept free of foreign matter. Clean, dry polish all drinking water fountains with non-abrasive, odorless cleaner. All glass doors and glass panels will be cleaned to remove smudges and fingerprints. Mats and runners will be thoroughly vacuumed and kept clean. Vacuum all carpeted areas floor surfaces,remove spots as needed with the approved spot cleaners. All restroom fixtures, including sinks, toilet bowls, toilet seats and urinals, will be scoured and disinfected and kept free of scales at all times. All toilet seats will be disinfected top to bottom. All bright metal accessories, including hardware on plumbing fixtures, partitions and dispensing accessories shall be cleaned and polished. All Soap,towel, and tissue dispensers will be filled. Clean all mirrors. Outside windows must be cleaned once(1) a month. Restroom walls and partitions will be kept clean and free of spots, smudges and foreign matter. Restroom floors will be cleaned by damp CLEAN mop and rinsing with a disinfecting cleaner. VENTS, WALLS,BASEBOARDS,ETC.: Use vacuum cleaner or vacuum duster equipment and pull all dust from walls, ceilings, corners of rooms, vents, fan vents, and baseboards. CUSTODIAN COMPLAINTS& SERVICE REPORTS: Custodian Complaints & Service Reports and complaints from City Employees will be turned into the Utility Operations Supervisor. The Janitorial Service Contractor shall pick up the request and take corrective action immediately. SUPPLIES FURNISHED BY CONTRACTOR: Contractor shall furnish all materials and equipment including, but not limited to, cleaners, bowl cleaner, wax remover and wax, dust mops, damp mops, brooms, buffer, vacuum cleaners, cloths, furnish polish and anything else pertaining to cleaning as well as white plastic liners for trash wastebasket containers. Page 11 of 26 PRODUCT RESTRICTIONS: ENDUST is not to be used at any time for any reason in any of the Utility Operations buildings—NO EXCEPTIONS. No harsh cleaners shall be used on wallpaper or vinyl walls. Do not use furniture polish on any metal surface. PRODUCT REQUIREMENTS: Johnson's Over and Under(or equal) Johnson's Step Ahead(or equal) All States Chemical's Lemon Glo Furniture Polish(or equal) Liquid Gold(or equal) Franklin's Spray Buff(or equal) Franklin's Disappear(or equal) NOTE: THE BURDEN OF PROOF PERTAINING TO EQUAL PRODUCT QUALITY OF REQUESTED MATERIALS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. EMPLOYEES: The supervisor's and employees' names and telephone number and supervisor's pager number/cell phone, if applicable, must be submitted before the contract begins. Contractor shall supply sufficient employees to maintain the buildings as required in these specifications. Personnel performing work under this contract shall be direct employees of the Contractor. The Contractor must ensure that all personnel assigned to this work site have at least one year's experience in the janitorial services industry, either with the contractor or another janitorial company. Should the maintenance of the building deteriorate, the Contractor will be notified, in writing, and steps shall be taken by the Contractor to correct all problems. If the situation has not improved after a reasonable length of time, the Contractor shall be in violation of the contract and appropriate action shall be taken to rescind the contract. The City of Port Arthur shall have the right to require the dismissal from the premises covered by the contract any employee(s) whose conduct is improper, inappropriate, or offensive as determined by the City of Port Arthur. Any employee so dismissed from working on this contract shall not be allowed to return to the premises without the written consent of the City. Personnel not employed by the Contractor (including minors not employed by the contractor) shall not be permitted on the work premises. INSPECTIONS: The quality of the janitorial services performed under this contract shall be observed. Unscheduled job-site inspections will be performed by the City Representative. Any deficiencies or unsatisfactory performance shall be noted, and corrective action by the Contractor *ill be required. Continued failure to abide by the City's specifications will be grounds for termination of the contract. A minimum of one (1) monthly inspection will be made by the City Representative and Contractor's representative. The following definitions of terms shall be used in evaluating Janitorial services: Dusting - A properly dusted surface shall be free of all dirt and dust, dust streaks, lint, and cobwebs. Dusting shall be completed before vacuuming, sweeping/dust mopping. Sweeping/dust mopping- A properly swept or dust mopped floor shall be free of all dirt, grit, lint and debris. Page 12 of 26 Vacuuming- A properly vacuumed carpet or floor shall be free of all dirt, dust, grit, lint and debris. All spots or stains shall be removed by the spot cleaning methods. The machine used to vacuum shall have adequate suction to lift dirt, grit and debris from the base of the carpet nap (3.5.amps or greater). All stains shall be removed immediately with an approved carpet cleaning solution in such a manner as to not leave rings or discoloration. Wet mopping-A properly wet mopped floor shall be free of all dirt, dust, grit, and debris. Fresh water,to which odorless detergent or cleaning agent has been added, shall be used with a sponge-type mop to removes all dirt and marks. Most of the water shall be squeezed from the mop prior to its application to the floor surface, to prevent free-flowing water from being applied to the floor. Damp mopping - A properly damp mopped floor shall be free of all dirt, dust, grit, marks and debris. Fresh water, to which an odorless detergent or cleaning agent has been added, shall be used with a sponge-type mop to remove all dirt and marks. Most water shall be squeezed from the mop prior to its application to the floor surface, to prevent free-flowing water from being applied to the floor. Glass cleaning- A properly cleaned glass/mirror surface shall be free of streaks dust film, deposits, debris, and stains shall have a uniformly bright appearance. All adjacent surfaces shall be wiped clean. Glass windows, doors and walls shall be cleaned both sides. Floor waxing, buffing- A properly waxed and/or buffed floor shall be free of dirt, dust marks, streaks, debris, built—up wax, and standing waters, and shall have a uniformly bright, lustrous appearance Sinks water fountain cleaning— these fixtures and their hardware, when properly cleaned, shall be free of all deposits, stains, streaks, film, and debris and shall be dry polished to a uniformly bright appearance. Plumbing- fixture, restroom stall, wall, floor cleaning- these restroom surface, when properly cleaned, shall be free of all deposits, stains, streaks, film, odor, debris, and germs. Page 13 of 26 CONTRACT PERIOD: The term of this contract shall be for one (1)year, with the option by the City to renew for two (2) additional one year periods. REFERENCES/EXPERIENCE: Each Bidder shall submit a list, with their bid, commercial references for their performance of similar janitorial services. Preferred references are those of similar size and scope of work performed within the past twelve months. Please include name, address, and telephone number of business along with the name and title of the person to contact. Bidder shall have a minimum of five(5) years of documented janitorial service experience. The Contractor is responsible for instructing his/her employees on appropriate safety measures, including but not limited to safe use of all chemicals, materials and supplies used to perform these services. Walkways and halls shall be kept free of unattended mops, brooms, machines and other tools. "Wet floor" signs shall be displayed in areas being wet or damp mopped. Signs shall be removed and stored after floors have dried. The contractor shall accompany a Designated City Employee on a tour throughout the areas to receive this janitorial service to establish and mutually agree upon the condition of surfaces, fixtures, furnishings and other City and personal property before starting work on this contract. Surfaces, fixtures or furnishings subsequently damaged by the contractor's employees shall be replaced or repaired to original condition, at no cost to the city. The contractor shall obtain and maintain in effect throughout the duration of this contact, all insurance required by the City of Port Arthur. City and personal property before starting work on this contract. Surfaces, fixtures or furnishings subsequently damaged by the contractor's employees shall be replaced or repaired to original condition, at no cost to the city. The contractor shall obtain and maintain in effect throughout the duration of this contact, all insurance required by the City of Port Arthur. Page 14 of 26 CITY OF PORT ARTHUR, TEXAS BID SHEET Pare 1 of 1 BID FOR: Janitorial Services for Utility Operations BID DUE DATE: June 12,2019 DESCRIPTION UOM QTY UNIT COST TOTAL COST Months 12 $ Lv 0 �"`) k-- $ 2-Cr S 0 0 Utility Service Center TArst)c- Months 12 $ '5 $ 1-`i 10 c� Water Purification Plant i Y Enkr?rSs I- `Z o Sc,A�h S- Rpt 2 COMPANY NAME STREET ADDRESS /g1V/ALAI SIGNATURE OF BIDDER P.O.BOX Chi C` rtIV enV" l kc,,Arnim y -y-1-1 PRINT OR TYPE NAME CITY STATE ZIP VOL u ocl - 21;5-1t 5 1 C-e TITLE AREA CODE TELEPHONE NO 1t6 CR . SQll .rlCeeCYMi l•C.d� EMAIL FAX NO. Page 15 of 26 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 t development and submission of this bi. p2.osal. Signature: /1a4.41_ P/ Printed Name: CP- Mf)Ok_2C1 Title: �rASlot Company: a Vires �SsS Date: 1tTnA 12 i ;2otat -177 SUBSCRIBED and sworn to before me the undersigned authority by the ifa0 -(7on behalf of said bidder. v ,j„ Notary Public in and 'el-the State of Texas cr,/ ��� %%%% WALTER KYLES My commission expires: _ .► `t► .. �' . J R. .4.6,'.. ."6::,?-.:Notary Public,State of Texas s.,i -;lFOF't`e�� +mow Comm. Expires 11-30-2020 %%0‘ Notary ID 5973798 Page 16 of 26 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: 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. 0-6102 .erl-,.Q.rri s s s au I I I_0\of FirName Date (—C-(411-4--fi / / //AP -c7iDACJ)-N-- Authorized Signature Title 'C'.‘ ee- yv\,t Q. -,ta --1,7-3- '{a-t(s) Name(please print) Telephone rico\ U\Vx—1Q.cre cr Vkk L C0,01 Email STATE: --1-`k COUNTY: J.QARw"S� SUBSCRIBED AND WORN to before me by the above named on this the 77 day of f,5—(4 NE , 20 7 7. / / /- I Notary Public / RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL — _ Page 17 of 26 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 Name of vendor who has a business relationship with local governmental entity. J n l l Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I ' 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.) Name of local government officer about whom the information is being disclosed. Name of Officer 2J 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. 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? fYes �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 1--(7.f( 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. 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 Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J � r 191AL-ij * 7 J t ire of vendor doingbusiness with th g rnmental entity Date gna� _ tY Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11!3012015 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!htmfLG.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 Cods§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 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 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§176.006(a)and(a-11 (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 Ethics Commission www.ethics.state.tx.us Revised 11!30,2015 Page 19 of 26 SB 252 CHAPTER 2252 CERTIFICATION I tr'C( Vr\vrsC\kU( , the undersigned and representative of PICA('S� � �Qr�����5 L C- (Company or Business 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. ervco, Y cinCJ-Q1WAl Name of Company Representative (Print) / /, Signature of Company Representative (:)Cnlit1Zom Date Page 20 of 26 House Bill 89 Verification 1Y(CC. 9 nock(t (Person name), the undersigned representative (hereafter referred to as "Representative") of Qi,.9 D3 L-L C (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. 4e6%77 SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I day of ti , 20 7 OP/ of Notary Public y • WALTER KYLES, JR. Te Notary Public.State ofTexas z3 �= Comm. Expires 11-30-2020 .... Notary Io 5973798 - -- Page 21 of 26 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. 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. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state,tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or approve award of the proposal. Page 22 of 26 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 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, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. Page 23 of 26 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 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. Page 24 of 26 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. 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 Page 25 of 26 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. Page 26 of 26 r:,