HomeMy WebLinkAboutPR 23661: ACCEPTANCE OF A REQUEST FOR PROPSAL RESPONSE FROM SELIM KIRALP, LLC FOR THE LEASING OF TWO BUILDINGS INSIDE THE PLEASURE ISLAND MARINA www.Po rtArthu rTx.gov
INTEROFFICE MEMORANDUM
Date: March 12, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: George Davis, Director of Pleasure Island` ��
RE: P.R. No. 23661 —Acceptance Of A Request For Proposal Response From Selim
Kiralp, LLC For The Leasing Of Two Buildings Inside The Gated Pleasure
Island Marina And Further Authorizing The City Manager To Negotiate Said
Lease.
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P.R. No. 23661
authorizing the acceptance of a request for proposal response from Selim Kiralp LLC for the
leasing of two buildings inside the gated Pleasure Island Marina and further authorizing the City
Manager to negotiate said lease.
Background:
Pursuant to Resolution 23-483, City Council authorized the City Manager to reject all proposals
received for the leasing of two buildings inside the gated Pleasure Island Marina and further
authorized the Purchasing Division to re-advertise the Request for Proposals.
The City Council requested that the re-advertisement of the RFP be solicited as "for-profit"
proposals. Whereas,the Purchasing Division re-advertised the RFP and a total of two responses
were received. The responses to the proposal have been reviewed and evaluated by City Staff
based on the criteria provided in the solicitation of RFP #P24-026.
Budget Impact:
None
Recommendation:
It is recommended that the City Council approve P.R. No. 23661 authorizing the acceptance
of a response to the RFP from Selim Kiralp LLC for the leasing of two buildings inside the
gated Pleasure Island Marina and further authorizing the City Manager to negotiate said lease.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
P.R. No. 23661
03/12/24 gd
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A REQUEST
FOR PROPOSAL RESPONSE FROM SELIM KIRALP, LLC FOR THE
LEASING OF TWO BUILDINGS INSIDE THE GATED PLEASURE
ISLAND MARINA AND FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE SAID LEASE
WHEREAS, pursuant to Chapter 252 of the Texas Local Government Code, the
Purchasing and Pleasure Island Department advertised Request for Proposals (RFP) for the
"Leasing Two Buildings Inside The Gated Pleasure Island Marina" in the Port Arthur
Newspaper on February 3, 2024 and February 10, 2024; and
WHEREAS, two proposals were received on February 28, 2024; and
WHEREAS, the two proposals were reviewed, evaluated and scored by City Staff based
on the criteria provided in the RFP. A copy of the score sheet is attached hereto as Exhibit"A";
and
WHEREAS,the Pleasure Island Department's recommendation is to accept Selim Kiralp
LLC's proposal for the leasing of two buildings inside the gated Pleasure Island Marina.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct.
THAT, the City Council hereby authorizes the acceptance of a proposal from Selim
Kiralp LLC for the leasing of two buildings inside the gated Pleasure Island Marina and further
authorize the City Manager to negotiate said lease set forth in the RFP attached hereto as Exhibit
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. 2024 at a
Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
P.R. No. 23661
03/12/24 gd
NOES:
Thurman"Bill" Bartie, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
O
4 . ,ies M. Black •
-rim City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, CPM
City Manager
i,1,a itid4
Clifton illiams, CPPB
Purc sing Manage
George Davis
Director of Pleasure Island
P.R. No. 23661
03/12/24 gd
Exhibit "A"
City of Port Arthur
Leasing Two Buildings Inside the Gated Pleasure Island Marina
Agenda Totals
P24-026
Weight Port Arthur Yacht Club, Inc. Selim Kiralp, LLC.
Port Arthur, TX Lewisville, TX
Overall Project Concept 150 102 137
Experience 60 48 56
Financials 60 25 51
Qualifications 30 21 29
Total 300 196 273
YoCanola Scup/on—Gor/tiem• 3/6/2024
Yolanda Scypion-Goudeaux, Purchasing Assistant Date
i
Ent rt;i•
City of c,"
a r t r t It u- --i�`�
P.R.No. 23661
03/12/24 gd
Exhibit "B"
THURMAN BILL BARTIE,MAYOR RONALD BURTON
TIFFANY HAMILTON,MAYOR PRO TEMI CITY MANAGER
City of
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
WILLIE BAE LEWIS CITY SECRETARY
DONEANE BECKOM
HAROLD L.DOUCET,SR o r t r 1 it it r VAL TIZENO
THOMAS KINLAW III CITY ATTORNEY
DONALD FRANK,SR T i L t S
January 31,2024
REQUEST FOR PROPOSAL
LEASING TWO BUILDINGS INSIDE THE
GATED PLEASURE ISLAND MARINA.
DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00 p.m.,
Central Standard Time, Wednesday, February 28, 2024. (The clock located in the City
Secretary's office will be the official time.) All proposals received will be read aloud at
3:15 p.m. on Wednesday, February 28, 2024 in the City Council Chambers, City Hall, 5th
Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of
contents;however,only the names of proposers will be read aloud.
MARK ENVELOPE: P24-026
DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of
your RFP & USB to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Request for Proposal should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams
P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for
your convenience in submitting proposals for the enclosed referenced services for the City of Port
Arthur.
Proposals must be signed by a person having the authority to bind the firm in a contract. Proposals
shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand
corner of the envelope.
ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE
THE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed
RFP submittal arrives at the above location by the specified deadline regardless of the delivery
method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted.
Clifton Williams
Purchasing Manager
Page 2 of 16
REQUESTS FOR PROPOSALS
LEASING TWO BUILDINGS INSIDE THE
GATED PLEASURE ISLAND MARINA.
(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 service?
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 workload permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 3 of 16
City of Port Arthur
Request for Proposals
LEASING TWO BUILDINGS INSIDE THE
GATED PLEASURE ISLAND MARINA.
OBJECTIVE
The City of Port Arthur is seeking a response to the Request for Proposals (RFP) to Lease two
buildings inside the gated Pleasure Island Marina. The buildings are currently used as a Yacht Club
and Boathouse, and Pleasure Island requires lease to a For Profit Vendor.
BACKGROUND
1. The Pleasure Island Marina is home to approximately 50 sailboats. There are 300 slips within
the confines of the Pleasure Island Marina where the slips are leased by the Pleasure Island
Department.
2. The Marina includes Building A which is approximately 3,200 square feet and Building B that
is approximately 600 square feet, an automobile parking facility for patrons of the marina, and
related services and facilities.
3. Pleasure Island facilities include an air-conditioned clubhouse with kitchen facilities and
restrooms, a gated-entry marina with 300 boat slips, a boat hoist,boathouse, easy access to fuel
and pump-out stations, and limited dry-storage facilities.
4. Pleasure Island Marina facilities include restrooms with showers, uncovered boat slips, a fuel
station, a pump-out station, and gated entries.
5. Leasing two buildings inside the gated Pleasure Island Marina.
(a) Building A was used for meetings, classrooms, social events, et
(b) Building B was utilized as a boat storage area. It's an open area with a roof.
6. Pleasure Island Department will be responsible for the maintenance of grass.
7. Lessee is responsible for the maintenance of the building excluding the roof and structure of the
building.
8. The lessee will be required to pay at fair market value rent to the City of Port Arthur. The fair
market value rent will be determined by the City of Port Arthur after the selection of the best
proposal and determined by an appraisal.
9. Leasor is required to provide Liability, Flood, and Windstorm Insurance on the two (2)
buildings. Lessee must provide Liability, Flood, and Windstorm Insurance for the business
contents in the building.
10. Any modifications or renovations must be approved by the City first.
11. The lease will be five(5)years with the option to renew for five(5)additional one-year periods.
12. Anyone interested in looking at the buildings,may contact George Davis at 409-982-4675.
13. Any other questions must be submitted in writing to Clifton.williams@portarthurtx.gov.
Page 4 of 16
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The City of Port Arthur requires comprehensive responses to every section within this RFP.
Conciseness and clarity of content are emphasized and encouraged. Vague and general
proposals will be considered non-responsive and will result in disqualification. To facilitate
the review of the responses, Firms shall follow the described proposal format. The intent of
the proposal format requirements is to expedite review and evaluation. It is not the intent to
constrain Vendors with regard to content,but to assure that the specific requirements set forth
in this RFP are uniformly amenable to review and evaluation. Failure to arrange the proposal
as requested may result in the disqualification of the proposal. It is requested that proposals
be limited to no more than 50 pages, excluding resumes. All pages of the proposal must be
numbered and the proposal must contain an organized, paginated table of contents
corresponding to the sections and pages of the proposal.
A.) EXPERIENCE
1. Provide a profile of experience for the organization and members. This section shall include,
but not be limited to, the following:
a. Experience of organization—number of years in existence and number of members. Include
a brief overview of other projects similar to this that has been done by your organization.
b. Experience of staff State any experience of your staff with similar projects.
B.) PROJECT CONCEPT
1. Describe in detail the type of business and the plan to successfully achieve the business
stated.
2. Describe in detail any additional activities that are planned for the building.
3. Describe in detail any additional plans that you have for operations in the building.
C.) FINANCIAL STATUS
1. Provide the following information:
a. Copies of the past 5 years' financial statements prepared according to GAAP standards
(audited preferred with opinion). Financial information includes but is not limited to balance
sheet, income statement and statement of cash flow from operations as of year-end or fiscal
year end whichever is applicable. If the company is a subsidiary of a larger holding
company, then present the same information of the corporate holding company as well as
individual financial information on each profit center showing annual operating revenue and
expenses with attention to profit/loss information. Privately held companies are required to
submit to the same standard. The City reserves the right to request additional information
as necessary to evaluate the Firm's ability to perform under the Contract.
D.) QUALIFICATIONS
1. Provide your skills and qualifications.
Page 5 of 16
EVALUATION AND SELECTION PROCESS
All proposals will be screened by an evaluation committee and those proposers selected for a short
list may be invited to attend an interview,at the proposers' own expense. Any invitation for an oral
presentation will be solely for the purpose of clarifying proposals received from each qualifying
proposer, and will not represent any decision on the part of the evaluation committee as to the
selection of a successful proposer.
The City will evaluate all responses based on the experience, qualifications, project concept, and
financials. The City reserves the right to negotiate the final fee prior to recommending any Vendor
for a contract.
The City's process is as follows:
1. The evaluation committee shall screen and rate all of the responses that are submitted.
Evaluation ratings will be on a 100-point scale and shall be based on the following
criteria:
a. Experience(20 points)
b. Overall Project Concept(50 points)
c. Financials (20 points)
d. Qualifications(10 points)
2. City staff shall recommend the most qualified Bidder to the City Council and request
authority to enter into contract negotiations.
3. When services and fees are agreed upon,the selected Vendor shall be offered a contract
subject to City Council approval.
4. Should negotiations be unsuccessful,the City shall enter into negotiations with the next,
highest-ranked Vendor. The process shall continue until an agreement is reached with a
qualified Vendor.
5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred
in the preparation and presentation of a response. All finalist(s)shall pay their own costs
incurred in preparing for, traveling to and attending interviews.
The City reserves the right to use all pertinent information (also learned from sources other than
disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an
award to the best-evaluated proposer. This information may be appended to the proposal evaluation
process results.
Page 6 of 16
LETTER OF INTEREST
RFP—Leasing two (2) Buildings inside the Gated Pleasure Island Marina
Deadline: February 28, 2024
The undersigned firm submits the following information (this RFP submittal) in response to the
Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX(City)
to Lease two (2) Buildings inside the Gated Pleasure Island Marina. Enclosed, and by this
reference incorporated herein and made a part of this RFP, are the following:
❖ Non Disclosure Agreement
❖ Completed RFP Letter of Interest Form
❖ Completed Affidavit
❖ Completed Conflict of Interest Form
The firm understands that the City is not bound to select any firm for the final pre-qualified list and
may reject any responses submitted.
The Firm also understands that all costs and expenses incurred by it in preparing this RFP and
participating in this process will be borne solely by the firm and that the required materials to be
submitted will become the property of the City and will not be returned.
The firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or
incomplete statements in this RFP. The firm accepts all terms of the RFP submittal process by
signing this letter of interest and making the RFP submittal.
This RFP shall be governed by and construed in all respects according to the laws of the State of
Texas.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Email
Page 7 of 16
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS §
By the signature below, the signatory for the bidder certifies that neither he nor the firm,
corporation, partnership or institution represented by the signatory or anyone acting for the
firm bidding on this project has violated the antitrust laws of this State, codified in 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:
Printed
Name:
Title:
Company:
Date:
SUBSCRIBED and sworn to before me the undersigned authority by the of,
on behalf of the said bidder.
Notary Public in and for the
State of Texas
My commission expires:
Page 8 of 16
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session.
This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as
defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business
day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this
section is a Class C misdemeanor.
1.Name of person who has a business relationship with local governmental entity.
2. Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3.Name of a local government officer with whom tiler has employment or business relationship.
Name of Officer
This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director,or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
4.
Signature of person doing business with the governmental entity Date
Page 10 of 16
GENERAL INFORMATION:
Proposers are cautioned to read the information contained in this RFP 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 the submission deadline. Any
interlineations, alterations, 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 a
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 the 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
Page 11 of 16
is the vendor's responsibility to check for any addendums that might have been issued before the
bid closing date and time. All addenda will be numbered consecutively,beginning with 1.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the
City of Port Arthur as its principal place of business must have an official business address (office
location and office personnel)in Port Arthur,the principal storage place or facility for the equipment
shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in
Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside
the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of an error or discrepancy in 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.:Pleasure Island,
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 the
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 anyone owing delinquent taxes,
paving assessments or any money to the City until such debts are paid or until satisfactory
arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT
included as part of this RFP.
Page 12 of 16
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 a 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 of the option of selecting goods that 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 the fault of the Contractor, the previous
paragraph hereof relative to termination shall apply.
Page 13 of 16
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
occur 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 the Owner.The Contract shall,at his own expense,purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may
arise out of or result from operations under this contract,whether the operations be by himself or by
any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable, of the following types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury$500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury$1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or,Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicle coverage).
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.
The Contractor shall cause Contractor's insurance company or insurance agent to fill in all
information required (including names of the 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
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.-w
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. The
Contractor shall also file with the City of Port Arthur a 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 a 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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APPENDIX A. NON-DISCLOSURE=AOREEIVIENT
In consideration of the City of Port Arthur, TX retaining the services of a consultant and because of the
sensitivity of certain information which may come under the care and control of the Consultant,both parties
agree that all information regarding the City or any selected City agency subject to this contract,or gathered,
produced,or derived from this project(Confidential Information)must remain confidential subject to release
only by permission of the City,and more specifically agree as follows:
Media releases pertaining to this RFP and/or any resulting contract,or the services to which they relate,will
not be made without the prior written consent of the City,and then only in accordance with explicit written
instructions from the City. The disclosure of the contents of proposals prior to the award of a contract under
this RFP,or any other violation of this section,may result in disqualification.
1. The information may be used by Consultant only to assist the Consultant in connection with its
engagement with the City.
2. Consultant will not, at any time, use the information in any fashion, form, or manner except in its
capacity as an independent consultant to the City.
3. Consultant agrees to maintain the confidentiality of any and all deliverables resulting from this
contract in the same manner that it protects the confidentiality of its own proprietary products of like
kind.
4. The information may not be copied or reproduced without the City's written consent.
5. All materials made available to Consultant, including copies thereof, must be returned to the City
upon the first to occur of a)completion of the project;or b)request by the City.
6. The foregoing must not prohibit or limit Consultant use of the information(including,but not limited
to, ideas, concepts, know-how, techniques and methodologies) a) previously known to it; b)
independently developed by it;c)acquired by it from a third party;or d)which is or becomes part of
the public domain through no breach to Consultant of this agreement.
7. This agreement shall become effective as of the date information is first made available to Consultant
and must survive the contract and be a continuing requirement.
8. The breach of this Nondisclosure Agreement by Consultant shall entitle the City to immediately
terminate the Agreement upon written notice to Consultant for such breach. The parties acknowledge
that the measure of damages in the event of a breach of this Nondisclosure Agreement may be
difficult or impossible to calculate, depending on the nature of the breach. Regardless of whether
the City elects to terminate the Agreement upon the breach hereof, the City may require the
Consultant to pay to the City the sum of$1,000 for each breach as liquidated damages. This amount
is not intended to be in the nature of a penalty but is intended to be a reasonable estimate of the
amount of damages to the City in the event of a breach hereof by the Consultant. The City does not
waive any right to seek additional relief,either equitable or otherwise,concerning any breach of this
Agreement.
Printed Name
Signature
Title
Date
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