HomeMy WebLinkAboutPR 21616: AGREEMENT WITH CONSTRUCTION MANAGERS OF SOUTHEAST TEXAS TO WATERPROOF TRANSIT ADMINISTRATION BUILDING City of Port Arthur
Transit Department
Memorandum
To: Ronald Burton, City Manager
From: Ivan Mitchell, Transit Director
Date: October 1, 2020
Re: P.R. 21616—Authorization for the City Manager to execute an agreement with
the Construction Managers of Southeast Texas (CMOST) to waterproof Port
Arthur Transit's (PAT) administration building in the amount not to exceed
$31,200.00
Nature of Request:Proposed Resolution No. 21616 requests authorization for the City Manager to
execute an agreement with the Construction Managers of Southeast Texas (CMOST) to
waterproof Port Arthur Transit's (PAT) administration building.
Background: PAT has been experiencing water infiltration in its administrative building as a
result of rain which has caused negligible damages to baseboards and flooring materials. If not
remedied the water infiltration will result in long-term building damage. PAT has attempted to
address the water infiltration by caulking windows and exterior doors. The caulking is not
working so I have decided to invest in waterproofing the entire building.
The waterproofing will seal the building against water infiltration and prevent future damage to
floors, sheetrock, and other building materials. PAT received two (2) bids to waterproof the
building and have selected CMOST. PAT will receive an eighteen (18) month correction
warranty from the date the waterproofing is complete, to cover if the waterproofing work fails to
fix the water infiltration as described in the scope of work.
Recommendation: It is recommended that the City Council approve proposed P.R. 21616,
authorizing the City Manager to enter into a contract with CMOST to waterproof PAT's
administrative building in the amount not to exceed $31,200.00.
Budgetary/Fiscal Effect: The Federal 5307 funds for this project are 100% reimbursable in
account 401-1509-561.82-00.
P.R. No. 21616
9/30/2020 IM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH THE CONSTRUCTION MANAGERS OF SOUTHEAST TEXAS OF
PORT ARTHUR, TEXAS TO WATERPROOF PORT ARTHUR TRANSIT'S
ADMINISTRATIVE BUILDING, IN AN AMOUNT NOT TO EXCEED $31,200.00;
FUNDS AVAILABLE IN ACCOUNT 401-1509-561.82-00.
WHEREAS, Proposed Resolution No. 21616, request authorization for the City
Manager to execute an agreement with the Construction Managers of Southeast Texas
(CMOST) to waterproof Port Arthur Transit's (PAT) administrative building in the amount
not to exceed $31,200.00; and,
WHEREAS, PAT has been experiencing water infiltration in its administrative
building as a result of rain which has caused negligible damages to baseboards and flooring
materials; and,
WHEREAS, PAT requested quotes from qualified vendors to waterproof the
administrative building, wherein two (2) proposals were received and have been evaluated by
Purchasing and PAT, a copy of the qualifications tabulation is attached hereto as Exhibit "A";
and,
WHEREAS, CMOST was selected based on the evaluation of their proposal, with a
price comparison of previous quotes received from comparable competitors; and
WHEREAS, PAT is recommending that the City of Port Arthur by its City Manager
enter into a contract with CMOST, as delineated in Exhibit"B".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized to enter into a contract with the
Construction Managers of Southeast Texas (CMOST) of Port Arthur, Texas, to waterproof Port
Arthur Transit's administrative building, in an amount not to exceed $31,200.00, in substantially
the same form as attached hereto as Exhibit"B".
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this day of A.D. 2020 at a
Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES:
P.R. No. 21616
9/30/2020 IM
Mayor:
Councilmembers:
NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
‘4419,c� cam- /2/44 I
Val Tize
Val Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
401-1509-561.82-00
C%l
Ronald Burton Kandy D el
City Manager Interim Director of Finance
Clifto Williams, CPPB Ivan Mitchell
Purchasing Manger Transit Director
P.R. No. 21616
9/30/2020 IM
Exhibit "A"
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P.R. No. 21616
9/30/2020 IM
Exhibit "B"
CONTRACT FOR
WATERPROOFING OF PORT ARTHUR TRANSIT'S ADMINISTRATIVE
BUILDING
THIS AGREEMENT, made this day of 2020,
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 the Construction Managers of
Southeast Texas (CMOST) herein acting by and through 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. The term of this Contract shall be 60 calendar days from start date on Notice to Proceed. The
City can terminate this contract at its convenience which includes, but is not limited to,
finding not being available in any budget cycle within fifteen(15) days written notice.
2. The CONTRACTOR agrees to perform all the work stated in the scope of service
including compensation, schedule, the terms and conditions to waterproof Port Arthur
Transit's administration building located at 344 Procter Street.
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 sum of$31,200.00.
5. Changes
(a) The Contracting Officer may at any time, and without notice to the
sureties, if any, by a written order, make changes within the general scope
of this contract in any one or more of the following: (is) drawings, designs,
or specifications; (ii) extending term of contract; and (iii) equitable
adjustment in price/time of performance. If any such change causes an
increase or decrease in the Contractor's cost of, or the time required for, the
performance of any part of the work under this contract, whether changed or
not changed by the order, an equitable adjustment shall be made in the
contract price or delivery schedule,or both,and the contract shall be modified
in writing accordingly.
(b) Any notice of intent to assert a claim for adjustment under this clause must
be asserted by the Contractor within 30 days from the date of receipt of the
A-1
Contracting Officer's written order; provided,however,that later notice shall
not bar the Contractor's claim if the Contractor can demonstrate that PAT
was not prejudiced by the delay in notification. In no event shall any claim be
asserted after final payment.
6. The term"Contract Documents" means and includes the following:
1. Agreement
2. Advertisement to Bid
3. Addenda
4. General Information
5. Specifications
6. Bid
7. Bid Bond
8. Notice of Award
9. Notice To Proceed
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
8. The CONTRACTOR specifically warrants to the Owner that Materials furnished under the
Contract will be of good quality and new unless otherwise required or permitted by the Contract
Documents, that the Work will be free from defects not inherent in the quality required or
permitted, and that the Work will conform with the requirement of the Contract Documents. Work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered Defective. The Contractor's warranty excludes remedy for damage
or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient
maintenance, improper operation, or normal wear and tear under normal usage. If required by the
Owner,the Contractor shall furnish satisfactory evidence as to the kind and quality of Materials.
The Contractor will provide a eighteen(18) month correction from the date the Work is complete,
to cover if the waterproofing work fails to fix the water infiltration as described in the scope of
work.
9. 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 2020.
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY Ron Burton, City Manager
A-2
Signed on the day of 2020.
WITNESS CONTRACTOR
CONSTRUCTION MANAGERS OF
SOUTHEAST TEXAS
BY
Print Name: Print Name:
Title:
A-3
WATERPROOFING SPECIFICATION AND PROJECT REQUIREMENTS
FOR PORT ARTHUR TRANSIT'S ADMINISTRATION BUILDING
LOCATED AT 344 PROCTER STREET,PORT ARTHUR,TEXAS
1. Lump sum price must be fully burdened and inclusive of all services and materials required to
complete task.
2. Contractor must comply with Davis-Bacon wage rate requirements.
SCOPE OF WORK
The Contractor shall provide all supervision, labor,equipment,materials and implements necessary to
perform all of the work included in this specification. In general,the work will include the following
items.
1. Remove all existing waterproofing related components and all associated flashings down to the
substrate.
a.The material shall be salvaged for re-installation.
b. Substrates shall be repaired where required.
2.Clean and prime the substrate to properly receive a new waterproofing material. Provide a positive
slope to flashings to keep water from infiltrating building.
3. Supply MSDS and waterproofing product data sheets with bids.
4. Fabricate and install new metal counter flashing and threshold flashing and/or other metal flashings or
other work,as required by industry and Manufacturer's standards.
5. All materials and installations shall be in accordance with Underwriter's Laboratories, Inc.(UL)Class
A, Fire Hazard Classification and Factory Mutual Engineering Corporation(FM)Class I construction
requirements.
6.All materials containing asbestos(non to be anticipated for this work)shall be handled in strict
accordance with applicable,current local, state and/or federal guidelines and regulations.
Page 1 of 12
Construction Managers
of Southeast Texas, LLC
f
225 HIGHWAY 365-PORT ARTHUR,TEXAS 77640-PHONE(409)736-9010-FAX(409)7369020
October 01,30
Port Arthur Transit
318 Procter St.
Port Arthur, TX 77640
Re: Transit Admin Building—Water Leaks
Ivan:
Please find below the cost associated with addressing the water infiltration issues we propose to clean the
exterior surface of stone,perform necessary tuck-pointing of stone surface, apply transparent waterproofing on
stone surface, apply elastomeric coating at CMU Block surface, caulk expansion joints from metal to stone,
metal to CMU, and stone to window frames,as well as caulk all vents,pipes, door frames, and window frames
at metal panels.
1. Waterproofing(Marsh Waterproofing) $26,000.00
2. CMOST Fee $5,200.00
TOTAL: $31,200.00
Sincerely,
Construction Managers
of Southeast Texas, LLC
Jose Cardenas
Project Manager
CC:Bruce Reyes—CMOST
REGULATORY REQUIREMENTS
A. All work performed by the Contractor, as part of the required work,will be in full compliance with the
latest publication of the following regulatory standards.
1. IBC - The International Code Council's 2015 International Building Code.
2. ICF - The International Code Council's 2015 International Fire Code.
3. Quotes shall be hard bid based on contractor's findings in the field and a complete scope of work must
be submitted with the bid.
City of Port Arthur: Contractor:
Company Name Company Name
Printed Name Printed Name
Address Address
City, State, Zip City, State, Zip
Phone Phone
Signature Signature
Date Date
Page 2 of 12
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:
Title:
Company:
Date:
SUBSCRIBED and sworn to before me the undersigned authority by the of,
on behalf of said bidder.
Notary Public in and for the
State of Texas
My commission expires:
Page 3 of 12
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 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.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Email
STATE:
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 4 of 12
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.23,84th Lag.,Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 178,Local Government Code by a vendor who
has a business relatrwlslro as defined by Section 178.001(1-a)with a local yoverlxnantal entity and the
vendor meets requirements under Section 178.00641}.
By law this questionnaire must be filed with the records administrator ot the local governmental entity not later
than the 7th business day after the date tie 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 •76 006 1._or,,Gove'rmeni Code.An
olfarrse under this section is a misdemeanor
_I Name of vendor who has a business relationship with local governmental entity
2' ( 1
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the ongmaNy filed questionnaire was incomplete or inaccurate l
Name of local government officer about whom the information is being disclosed,
J Describe each employment or other business relationship with the local government officer.or a family member of the
officeras described by Section 176.003(a)(21(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?
Yes a No
B. Is the vendor receiving or likely to receive taxable incomeother 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?
n Yes
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.
Check this box it the vendor has given the local government officer ot a family member of the officer one or more gifts
as described In Section t76.003(a)(2)(B): excluding gifts described in Section 176003(a-t1
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.etics.state tx.us Revised 1tr302015
Page 5 of 12
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.us'
Docs/LGthtm/LG.176.htm.For easy reference.below are some of the sections cited on this form.
Local Government Code 4176.001(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 tee regulation by a federal.state,or local governmental entity or an
agency of a federal.state,or local governmental entity:
(8) 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(al(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-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-I) 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.eth!cs state.tx.us Reviser) 11.Y 20'
Page 6 of 12
House Bill 89 Verification
(Person name), the undersigned representative
(hereafter referred to as "Representative") of
_ (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 REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
day of , 20 .
Notary Public
Page 7 of 12
SB 252
CHAPTER 2252 CERTIFICATION
1, , the undersigned and
Representative of
(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.
Name of Company Representative (Print)
Signature of Company Representative
Date
Page 8 of 12
GENERAL INFORMATION:
Proposers are cautioned to read the information contained in this Bid carefully and to submit a
complete response to all requirements and questions as directed.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal"
shall be equivalent.
AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with
these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in
accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all
proposals.
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.
WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written
request, over the signature of an authorized individual, to the Purchasing Division any time prior to the
submission deadline. The proposer may thereafter submit a new proposal prior to the deadline.
Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if
submitted after the deadline.
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
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later
than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of
addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no
responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to
acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's
Page 9 of 12
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.
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.: Transit, 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.
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
Page 10 of 12
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.
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.
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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$1,000,000 single limit per occurrence or$1,000,000 each
person/$1,000,000 per occurrence;and,
b. Property Damage $1,000,000 per occurrence regardless of contract amount; and,
c. Professional Liability: $1,000,000.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information
required (including names of insurance agency, contractor and insurance companies, and policy numbers,
effective dates and expiration dates) and to date and sign and do all other things necessary to complete
and make into valid certificates of insurance and pertaining to the above listed items, and before
commencing any of the work and within the time otherwise specified, Contractor shall file completed
certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except
as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision
that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen
(15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the
City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors
and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE
Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after
execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10)days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such
period,the time may be extended by mutual agreement between OWNER and CONTRACTOR.
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