Loading...
HomeMy WebLinkAboutPR 25017: AWARDING A CONTRACT TO LARK GROUP, INC. FOR DEMOLITION OF SIX (6) RESIDENTIAL STRUCTURES WITH TRANSITE (GROUP A-T) City of cart rtlrur Texas INTEROFFICE MEMORANDUM Development Services Department Code Compliance-Demolition Division Date: July 1, 2026 To: Ronald Burton, CPM, City Manager; Pamela Langford, CPM, Assistant City Manager/Director of Development Services From: Darlene Thomas-Pierre, CPM, Code Compliance Manager Re: P. R. NO. 25017 — AWARDING A CONTRACT TO LARK GROUP, INC., OF WARREN, TEXAS, FOR DEMOLITION OF SIX (6) RESIDENTIAL STRUCTURES WITH TRANSITE (GROUP A-T) LOCATED THROUGHOUT THE CITY. COMMENT Nature of the Request: Staff recommends that the City Council adopt P. R. No. 25017 authorizing the City Manager to execute a contract with Lark Group,Inc., of Warren,Texas,in the amount of$25,750.00 for demolition of six(6) residential structures with transite located throughout the city. Staff Analysis/Considerations: As part of the City's ongoing nuisance abatement and neighborhood revitalization efforts, the Purchasing Division solicited competitive sealed bids for the demolition of thirty-seven (37) unsafe residential structures located throughout the City. To facilitate efficient bidding and contract administration, the structures were divided into six(6) separate bid groups, designated Groups A through F. Competitive bids were publicly opened on June 10, 2026. Following a review of the bids received, Lark Group, Inc., of Warren, Texas, submitted the lowest responsive and responsible bid for Group A-T, consisting of six (6) residential structures, in the amount of$25,750.00. The contractor has committed to completing the work within eighteen(18) calendar days after receipt of the Notice to Proceed. CONTRACTOR GROUP A-T Nuko Enterprise,LLC.; Vidor,Tx. $89,500.00 Peach of Mind Comfort Solutions,LLC.;Houston Tx. $64,385.00 Inman Construction Services,Inc.; Brookeland Tx. $40,028.00 *Lark Group,Inc.; Warren Tx. $25,750.00 *Successful Bidder P.R. NO. 25017 7/1/2026 LA The structure located at 1910 E. 15th Street is expressly excluded from the scope of this Agreement because ownership of the property changed prior to the execution of this Agreement. Accordingly, the City rejects the bid associated with the demolition of that structure, as identified in the table below, and reserves the right to solicit new bids following completion of the appropriate administrative process with the current owner of record. DEMOLITION OF SIX (6) RESIDENTIAL STRUCTURES WITH TRANSITE: GROUP A-T TYPE OF STRUCTURE(S) (TRANSITE-6) 8244 Mississippi Avenue Shed (Remove all concrete/front sidewalk/driveway/front wooden poles/trash/ debris/high grass/underbrush/backfill with dirt &level; leave City sidewalk&driveway apron) 2483 62nd Street Garage/Shed (Remove all concrete/front sidewalk/driveway/trash/debris/high grass/underbrush/backfill with dirt &level; leave City sidewalk&driveway apron) 925 Atlanta Avenue Burned Residence (Remove Structure/all concrete/fence/trees/trash/debris/high grass/underbrush) 1340 E. 5th Street Residence (Remove all concrete/front sidewalk/driveway/rear bricks/trash/ debris/high grass/underbrush; leave City sidewalk& driveway apron) 1910 E. 15th Street Residence (Remove all concrete/slabs/driveway/fence/small downed (Removed) trees/trash/ debris/high grass/underbrush) 1935 E. 19th Street Residence (Remove all concrete/rear slab/front sidewalk/driveway/trash/debris/ high grass/underbrush; leave City sidewalk&driveway apron) Recommendation: Staff recommends that the City Council adopt P. R. No. 25017, thereby authorizing the City Manager to execute a contract with Lark Group, Inc., of Warren, Texas, in the amount of$25,750.00 for demolition of six (6) residential structures with transite located throughout the city. Budget Consideration: Acceptance of this recommendation will not require a budget amendment. Funding is available in Account No. 001-13-036-5470-00-10-000 (General Fund; Other Contractual Service). "Remember,we are here to serve the Citizens of Port Arthur" 2 P.R.NO.25017 7/1/2026 LA RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO LARK GROUP, INC., OF WARREN, TEXAS, IN THE AMOUNT OF $25,750.00 FOR DEMOLITION OF SIX (6) RESIDENTIAL STRUCTURES WITH TRANSITE (GROUP A-T), AND REJECTING AND REMOVING THE BID FOR THE STRUCTURE LOCATED AT 1910 E. 15TH STREET, WITH FUNDING AVAILABLE IN ACCOUNT NO. 001-13-036-5470- 00-10-000 (GENERAL FUND-OTHER CONTRACTUAL SERVICE) WHEREAS, the City of Port Arthur determined that certain residential structures located throughout the City constitute unsafe structures requiring demolition in furtherance of the City's efforts to protect the public health, safety, and welfare; and WHEREAS, the City's Purchasing Division solicited competitive sealed bids from qualified contractors for the demolition of thirty-seven(37)residential structures,which were divided into six(6)bid groups designated as Groups A through F; and WHEREAS,bids were publicly opened on June 10, 2026, as reflected in Exhibit "A"; and WHEREAS, following a review and evaluation of the bids received, Lark Group, Inc., of Warren, Texas, submitted the lowest responsive and responsible bid for Group A-T, consisting of six(6)residential structures with transite, in the amount of$25,750.00, with completion of the work within eighteen (18) calendar days following receipt of the Notice to Proceed as reflected in Exhibit "B"; and WHEREAS, the structure located at 1910 E. 15th Street is expressly excluded from the scope of this Agreement because ownership of the property changed prior to the execution of this Agreement. WHEREAS, accordingly, the City rejects the bid associated with the demolition of 1910 E. 15th Street, as identified in the Exhibit "C", and reserves the right to solicit new bids following completion of the appropriate administrative process with the current owner of record. WHEREAS, sufficient funds are available in the General Fund, Other Contractual Services Account No. 001-13-036-5470-00-10-000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: SECTION 1. The findings and recitals set forth in the preamble are hereby found to be true and correct and are incorporated herein for all purposes. SECTION 2. The City Manager is hereby authorized to execute a contract with Lark Group, Inc., 3 P. R. NO. 25017 7/1/2026 LA of Warren,Texas, for the demolition of six(6)residential structures identified as Group E,in a total contract amount of$25,600.00, as more particularly described in Exhibit "C." SECTION 3. The demolition of the structure located at 1910 E. 15th Street is expressly excluded from the scope of this Contract due to a change in property ownership. Accordingly, the City rejects the bid associated with the demolition of 1910 E. 15th Street, as identified in the Exhibit"C",and reserves the right to solicit new bids following completion of the appropriate administrative process with the current owner of record. SECTION 4. Funding for this contract shall be charged to General Fund — Other Contractual Services Account No. 001-13-036-5470-00-10-000. SECTION 5. A copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the 28th day of July, A.D., 2026, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR: Councilmembers: NOES: Charlotte M. Moses, Mayor ATTEST: APPROVED AS TO FORM: Christe Ned Whitley, City Secretary Roxann Pais Cotroneo, CITY ATTORNEY APPROVED FOR ADMINISTRATION: 10°N/ Ron Burton, CITY ► ' AGER 4 _.._____(..) alYYt,LI' :---; • 40 , . ASSISTANT CITY MANAGEWDIRECTOR OF CO E CO PLIA A DEVELOPMENT SERVICES t APPROVED AS 0 AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING: 466_ DIRECT OF FIN CE POZCHASING MANAGER 5 EXHIBIT "A" Bid Tabulation City of Port Arthur d PAGE 1 of 2 =//-77tt rrF�• Bid Location:City Hall,5th Floor Council Chambers Bid Opening Date:June 10,2026 rem., Bid:P26-040 Description:Demolition of 14 Residential Properties with Transite NAME OF BIDDER Lark Group,Inc Nuko Enterprise,LLC Peace of Mind Comfort Solutions,LLC Inman Construction Services,Inc ITEM DESCRIPTION DAYS COST DAYS COST DAYS COST DAYS COST 8244 Misiisstppi Avenue 3 $ 4.55000 2 $ 8,060.00 2 $ 2.800.00 1 $ 1.588.00 2483 62nd Street 3 $ 3,500.00 4 $ 16.300.00 2 $ 9,280.00 3 $ 9,188.00 925 Atlanta.Avenue 3 S 4.550.00 4 $ 16,30000 2 S 10.400.00 1 $ 4,988.00 1340 E.5th Street 3 S 6,000.00 4 $ 16,300.00 2 S 13023.00 3 S 7.888.00 1910 E.15th Street 3 $ 4,700.00 4 S 18.300 00 2 S 14.325.00 3 S 8,188.00 1935E 19th Street 3 S 7 200 00 4 S .,6.J00 00 2 0 13,757.00 3 $ 8.188.00 tout.GROUP A-T fIRANSrTF1 18 $30,450.00 22 f 139,500.00 12 $ 66r1 . .f4 :. g a 3040.1042 511,Sore' 3 $ 11.550 00 4 S 16,300 00 3 5 23,960.00 5 $ 16488.00 3045 14th Street 3 $ 5,000.00 4 $ 18,300.00 2 $ 10,500.00 3 S 7.488.00 3319 15th Sorer 3 S 8,400.00 4 S 16,300.00 2 $ 16,075.00 3 $ 8,188.00 1030 Delaware Avenue 3 S 5.430 00 4 S 16,30000 2 S 16,773.00 4 S 10,488.00 'ro'rAL GROUP&T JTRANSIIEI 12 S 29,380.00 16 $ 65,200.00 9 S 87,308.00 15 S 42.86200 Bid Tabulation City of Port Arthur PAGE 2 OF 2 VP,r rr. — Bid Location:City Hall,5th Floor Council Chambers r"„" Bid Opening Date:June 10,2026 Bid:P26-040 Description:Demolition of 14 Residential Properties with Transite NAME OF BIDDER _ Lark Group,Inc Nuko Enterprise,LLC Peace of Mind Comfort Solutions LLC Inman Construction Services,Inc ITEM DESCRIPTION DAYS COST DAYS COST DAYS COST DAYS COST 5049 L 4keshore Drive 3 $ 5,450.00 4 S 16.300 00 2 $ 10,813.00 3 $ 7,488.00 7018 Neches Avenue 3 $ 6,650.00 4 S 16,300.00 2 $ 11.361.00 5 $ 13,5138.00 4100 Dryden Road 3 $ 1,600.00 4 $ 16.300.00 2 $ 9,020.00 2 $ 7,088.00 3420 E.28h Street 3 S 5,575.00 4 S 16.300.00 2 $ 12,020.00 4 $ 9,488.00 TOTAI.GROUP C-T (TRAASI E) 12 $ 19,275.00 16 $ 65,200.00 8 S 43,214.00 14 S 37,652.00 LOCA'I'' y%�� /, �� 1O\ ���J�, Warren,TX / Vidor,TX Houston,TX Brookeland,TX �� Clifton Williams,Purchasing Manager Date t EXHIBIT " B " Bid Tabulation City of Port Arthur PAGE oft _`///'77��� Bid Location:City Hall,5th Floor Council Chambers t rr�— Bid Opening Date:June 10,2026 r„L Bid:P26-040 Description:Demolition of 14 Residential Properties with Trensite NAME OF BIDDER Lark Group,Inc Nuko Enterprise,LLC Peace of Mind Comfort Solutions,LLC Inman Construction Services,Inc ITEM DESCRIPTION DAYS COST DAYS COST DAYS COST DAYS COST 8244 Mississippi Avenue 3 S 4,55000 2 $ 8,000.00 2 $ 2,800.00 1 $ 1,588,00 2483 62nd Street 3 $ 3.500.00 4 $ 16.300.00 2 $ 9.280.00 3 5 9,188.00 925 Atlanta.Avenue 3 S 4,550.00 4 $ 16,300.00 2 S 10,400.00 1 $ 4,988.00 1340 E.5th Street 3 S 6,000,00 4 S 16,300.00 2 $ 13,823.00 3 $ 78188.00 1910 E.15th Street 3 $ 4,700.00 4 5 16,300-00 2 $ 14,325.00 3 S 8,188.00 1915 E.19th Street 3 $ 7.200.00 4 $ 16,300.00 2 $ 13,757.00 3 $ 8,188.00 TOTAL IMANSI7R1 EI M /TRANalT 16 130.450.00 22. S S9.500.00 12 S 64,U116.00. 14 S emu. EXHIBIT " C " DEMOLITION OF SIX (6) RESIDENTIAL PROPERTIES IN GROUP A-T THIS AGREEMENT,made this day of , 2026,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 Lark Group, Inc 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 18 days from the start date on the Notice to Proceed. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle within thirty(30) days'written notice. 2. 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 the Contractor in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents in accordance with the terms and conditions thereof, for an amount of Twenty-five Thousand Seven hundred fifty dollars ($25,750.00). The contract award is for Group A-T and covers the demolition of six (6) residential structures, as identified in the chart below. The structure located at 1910 E. 15th Street is expressly excluded from the scope of this Agreement because ownership of the property changed prior to the execution of this Agreement. Accordingly, the City rejects the bid associated with the demolition of that structure, as identified in the table below, and reserves the right to solicit new bids following completion of the appropriate administrative process with the current owner of record. GROUP A-T TYPE OF STRUCTURE(S) (TRANSITE-6) 8244 Mississippi Avenue Shed(Remove all concrete/front sidewalk/driveway/front wooden poles/trash/ debris/high grass/underbrush/backfill with dirt&level; leave City sidewalk&driveway apron) 2483 62nd Street Garage/Shed(Remove all concrete/front sidewalk/driveway/trash/debris/high grass/underbrush/backfill with dirt &level;leave City sidewalk&driveway apron) 925 Atlanta Avenue Burned Residence (Remove Structure/all concrete/fence/trees/trash/debris/high grass/underbrush) 1340 E. 5th Street Residence (Remove all concrete/front sidewalk/driveway/rear bricks/trash/ debris/high grass/underbrush;leave City sidewalk& driveway apron) 1910 E. 15th Street Residence (Remove all concrete/slabs/driveway/fence/small downed (Removed) trees/trash/ debris/high grass/underbrush) 1935 E. 19th Street Residence (Remove all concrete/rear slab/front sidewalk/driveway/trash/debris/ high grass/underbrush;leave City sidewalk&driveway apron) 4. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Notice of Award 6) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs,executors, administrators, successors, and assigns. 6. 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 written above. [ THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS.] Signed on the day of 2026 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of , 2026 ATTEST LARK GROUP,INC. BY CITY SECRETARY PRINT NAME: TITLE: CHARLOTTE M.MOSES,MAYOR E. = RONALD BURTON,CPM THOMAS KINLAW,HI City of Go CITY MANAGER MAYOR PRO TEM del SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. ili o r t r t h u r CAL J.JONES ROXANN PAIS COTRONEO DONEANE BECKCOM Texas CITY ATTORNEY HAROLD L.DOUCET,SR., DONALD FRANK,SR. MAY 29,2026 INVITATION TO BID DEMOLITION OF FOURTEEN (14)RESIDENTIAL PROPERTIES WITH TRANSITE Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday, June 10,2026 (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 10, 2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P26-040 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 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 Page 1 of 21 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS 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. ClioZSAP aidAallts- Clifton Williams Purchasing Manager Page 2 of 21 INVITATION TO BID DEMOLITION OF FOURTEEN (14) RESIDENTIAL PROPERTIES WITH TRANSITE (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: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 21 SUBMIT THE FOLLOWING FORMS 1. BID SHEET—PAGE 9 - 10. MAKE SURE TO FILL IN PRICE AND THE DAYS 2. NON-COLLUSION AFFIDAVIT—PAGE 11 (MUST BE NOTARIZED) 3. AFFIDAVIT—PAGE 12 (MUST BE NOTARIZED) 4. CONFLICT OF INTEREST -PAGES 13 & 14(IF NO CONFLICT, WRITE NA ON LINE 1 AND SIGN AT THE BOTTOM). 5. HOUSE BILL 89 VERIFICATION-PAGE 15 6. SB 252CHAPTER 2252 CERTIFICATION -PAGE 16 Page 4 of 21 SPECIFICATIONS FOR DEMOLITION OF THIRTY-SEVEN (37) RESIDENTIAL PROPERTIES I. TITLE The provisions embraced within these sections and subsections shall constitute; be known as; and will be referred to herein and in any relevant AGREEMENT and CONTRACT as "DEMOLITION SPECIFICATIONS". II. SCOPE The scope and purpose of these specifications is to establish certain regulations, general requirements, and particular requirements necessary for the demolition, removal and cleanup of the unsafe and/or unsanitary structure(s) as required by the Inspections Department of the City of Port Arthur. III. CONTRACTOR BIDS Contracts for the demolition of structures will be awarded in accordance with the terms and conditions listed in the Community Services Department's BID FORM FOR DEMOLITION. The completion of the demolition package will be of vital importance to the City. The number of calendar days given on the proposal form will be used to establish the completion date as used in the Contract. In case the work is not completed within the time specified in the Contract, there shall be liquidated damages of one hundred fifty dollars ($150) per day for each day exceeding the completion date. IV. PERMITS The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other governmental entities, at his own expense, all necessary general and special permits and pay any and all fees for said permits and any other fees, public or private. All Contractors are required to have a Landfill Permit, which includes a minimum escrow account of five hundred dollars ($500). If you opt not to set up an escrow account, you must pay cash or by cashier's check as you dispose. V. GENERAL CONDITIONS AND REQUIREMENTS The following list of conditions and requirements are to be understood as being a general guide in the demolition of structures. It must be noted, however, that there are special requirements listed below in Section VII of these specifications, which are in addition to these general requirements for demolition, and that it is the responsibility of the Contractor/Successful Bidder to comply with all particular requirements. A. It is understood and agreed that the Contractor/Successful Bidder will function and operate as an independent contractor. Any liability incurred by the Contractor/Successful Bidder will accrue only to that party as an independent contractor and not to the City of Port Arthur. 1 B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the Contractor/Successful Bidder without prior, written approval of the Community Services Department. No subcontractor will be approved unless that subcontractor meets the same insurance requirements specified for and required of the Contractor. C. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the roof and working down, with the safety and welfare of all people and property being of the highest priority. D. All materials, debris, and rubble from the demolition of the structure(s) specified herein will become the property of the Contractor/Successful Bidder. Salvage can only begin immediately prior to the beginning of demolition. E. The Contractor/Successful Bidder will be held responsible for repair of broken or damaged water, gas, or any other type of lines, which occur during the course of the demolition work. The Contractor shall repair or replace, if necessary, to the City's satisfaction, any damage to the work site, the adjacent areas, the access areas to the work site and to any elements within these areas that may have suffered damage as a result of the Contractor's or any of the subcontractor's operations. The Contractor shall leave these areas in a satisfactory condition. F. The Contractor/Successful Bidder shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. G. All demolition work must be carried out to the satisfaction of the City's Inspections Official. H. The City (without prejudice to any other right or remedy it may have) has the right to terminate the contract in the event of any default by the Contractor after giving the Contractor fifteen (15) days written notice. Such notice of termination shall be subsequent to default by the Contractor and after receiving written notice from the City certifying cause for such action. In addition to other events of default or grounds for termination identified in the contract, it shall be considered default by the Contractor whenever he/she shall: 1. Declare bankruptcy, become insolvent, or assign his/her assets for the benefit of his/her creditors. 2. Violate or disregard provisions of the Contract or instruction from the Owner. 3. Fail to prosecute the work according to the agreed Schedule of Completion, including amendments and/or modifications thereof 4. Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or failure to make prompt payment therefor. If the Contract is terminated as provided above or as pro\ided in the Contract, the City will engage another contractor to complete the work. Payment for the completion of such 2 work will come from funds obligated by the City under its contract with the original Contractor. J. METHOD OF PAYMENT Payment shall be made as provided in Section II of the contract. K. PAYMENT WITHHELD Any part or the whole of any payment may be withheld by the City to the extent deemed necessary and reasonable should evidence of the following be discovered: 1. Defective work not corrected. 2. Claims filed against the Contractor. 3. Reasonable evidence indicating the probability of filing claims against the Contractor. 4. Failure of the Contractor to make proper payments to subcontractors or for materials or for labor. 5. The contract cannot be completed for the then unpaid balance. 6. Unsatisfactory progress of the work by the Contractor. When the above grounds are removed, the amount withheld because of them shall be paid to the Contractor subject to and within the other terms of this contract. L. CONTRACT PAYMENT RETAINAGE Contract payment retainage shall be as provided in the Contract. PARITCULAR WORK REQUIREMENTS DEMOLITION OF SIX(6)RESIDENTIAL STRUCTURES WITH TRANSITE: GROUP A-T (TRANSITE-6) TYPE OF STRUCTURE(S) 8244 Mississippi Avenue Shed (Remove all concrete/front sidewalk/driveway/front wooden poles/ trash/debris/high grass/underbrush/backfill with dirt&level;leave City sidewalk&driveway apron) 2483 62nd Street Garage/Shed(Remove all concrete/front sidewalk/driveway/trash/debris/ high grass/underbrush/backfill with dirt&level;leave City sidewalk& driveway apron) 925 Atlanta Avenue Burned Residence (Remove Structure/all concrete/fence/trees/trash/ debris/high grass/ underbrush) 1340 E. 5th Street Residence (Remove all concrete/front sidewalk/driveway/rear bricks/trash/ debris/high grass/underbrush;leave City sidewalk& driveway apron) 1910 E. 15th Street Residence (Remove all concrete/slabs/driveway/fence/small downed trees/ trash/debris/ high grass/underbrush) 1935 E. 19th Street Residence (Remove all concrete/rear slab/front sidewalk/driveway/trash/ debris/high grass/underbrush;leave City sidewalk& driveway apron) 3 The following particular work requirements and conditions apply specifically to the building(s) or structure(s)which are located at and described as: A. Before any building or structure is demolished, its utilities shall be safely disconnected. The Contractor shall serve notice to all suppliers of utilities to the building to be demolished and have them disconnect the services and remove all meters and equipment belonging to them. Forty-eight (48) hours' written notice must be given the City for termination of their utilities. All piping and wiring shall be properly terminated. Any costs incurred in the termination of utilities and services shall be borne by the Contractor. B. Demolition and clean-up includes, but is not limited to, the removal of all lumber, doors, windows, wire, sheet metal, appliances, furniture, loose rock, brick, mortar, concrete, and the cleaning and removal of all rubbish, trash or other debris that would inhibit or prevent the mechanical mowing of said lot and premises. C. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath demolished building(s) or structure(s) and all ruts or other depressions created during the demolition work when the average depth of such depressions exceeds three (3) inches. D. Any trees and shrubs designated by the Code Enforcement/Inspections Department will be cut down and removed from the premises. E. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches. F. All sewer lines exposed through demolition work must be cut off within two (2) inches of the surface to the ground or concrete slab and must be plugged with concrete in such a manner as to prevent ground water incursion into the City's sanitary sewer system. G. REMOVAL OF STEPS AND CONCRETE PORCHES UNLESS OTHERWISE NOTED. H. HAZARDOUS MATERIALS Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. I. PERFORMANCE AND PAYMENT BOND REQUIREMENTS Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment 4 Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 5 CITY OF PORT ARTHUR BID SHEET Page 1 of 2 State Cost&Days to Complete for Each Location and State the Total. BID FOR: Demolition of 14 Residential Structures with Transite BID DUE DATE:June 10,2026 DAYS TO ITEM STRUCTURE COMPLETE COST Shed(Remove all concrete/front sidewalk/driveway/front wooden 8244 Mississippi poles/trash/debris/high grass/underbrush/backfill with dirt&level; 3 $ (,`cop bv Avenue leave City sidewalk&driveway apron) Garage/Shed(Remove all concrete/front sidewalk/driveway/trash/debris/high grass/underbrush/backfill with `'a 2483 62'Street dirt&level;leave City sidewalk&driveway apron)) 3 $ 3 D • 925 Atlanta Burned Residence(Remove Structure/all ';. S Lk M�" Avenue concrete/fence/trees/trash/debris/high grass/underbrush) Residence(Remove all concrete/front sidewalk/driveway/rear bricks/trash/debris/high grass/underbrush;leave City sidewalk& �$ ooD �` 1340 E.5"'Street driveway apron) Residence(Remove all concrete/slabs/driveway/fence/small downed 4-1 o• ‘)31910 E. 15"'Street trees/trash/debris/high grass/underbrush) $ Residence(Remove all concrete/rear slab/front sidewalk/driveway/ trash/debris/high grass/underbrush;leave City sidewalk&driveway 3 $ - ,4� ''� 1935 E. 19th Street apron) TOTAL g CO u., GROUP AT $ 1 2-Story Duplex/Rear Residence/Attached Garage(Remove all concrete/front sidewalk/driveway/rear bricks/downed 3040-3042 8th trees/trash/debris/high grass/underbrush;leave City sidewalk& 3 $ j Street driveway apron) 1 '/ s Garage Apartment(Remove all concrete/slab/front sidewalk/driveway fence/metal poles/trash/debris/high grass/underbrush;leave City 2 `7. 3045 14th Street sidewalk&driveway apron) , $ 51 OD°. Residence/Garage/Shed(Remove all structures/remove all Lot 4.4 oD u" 3319 15th Street concrete/driveway/trash/debris/high grass/underbrush) $ Residence/2 Sheds/Carport/Garage(Remove all 1030 Delaware structures/concrete/porch/slabs/driveway/fence/metal poles/small l Li z Avenue trees/trash/debris/high grass/underbrush;leave apron S I J TOTAL GROUP B-T Residence/Garage(Remove all concrete/front sidewalk/driveway/front I `;, 5049 Lakeshore fence/downed trees/trash/debris/high grass/underbrush;leave City Drive sidewalk&driveway apron) $ 5 ( 1 su • Residence/Garage(Remove all concrete/rear slab/front ,, 2018 Neches sidewalk/driveway/front metal light pole/trash/debris/high/underbrush; ` $ L.,` c Q Avenue leave City sidewalk&driveway apron) 3 Rear Residence(Remove all structures/all concrete/slab/front 4100 Dryden sidewalk/driveway/front metal poles/trash/debris/high / O Road grass/underbrush;leave City sidewalk&driveway apron) $ Residence(Remove all concrete/rear slab/front sidewalk/fence/front 2 ;, 3420 E.28th metal poles/rear metal clothesline/down tree/trash/debris/high 5 $ 5J's 1 S'. Street grass/underbrush;leave City sidewalk&driveway apron) TOTAL I s , s/ 7a/c' GROUP C-T 66kAkihr _ ,„ \:.; Sl ,N. URE E�B'TD ER DATE 1 Page 9 of 21 1 CITY OF PORT ARTHUR BID SHEET Pare2of2 11( IN N 141.11 1 4inci Cie:, ictio O PANY N :Sr-IC."' STREET ADDRESS SIG ATURE OF BIDDER P.O.BOX r0 ` �. Ul ILY 1` (6k -Ty � `Ed 1(�7 T OR TYPE NAME CITY STATE ZIP ( e [`G 2t/tk ( q) g `t - C T TLE AREA CDE ELEPHONE NO. \ çcQ1aLoP IL FAX N . EM Page 10 of 21 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: y(Qom, f , Printed Name: t__Gure-in Title: P'f2SG wA- Company: ( , Cog 0 Date: ( - Qkg.Lo SUBSCRIBED and sworn to before me by the above named \/-4g i+n ��c,��t� -`1.0 on this the w -� day of i,t0^Z- , p��, N y HOPE BIDDLE � Not �iblic in and for the . 's otar Public,State of Texas St a of Texas V.. '" Comm.Expires 08-28-2028 Notary ID 132618229 My commission expires: 05-Lu -Gc 1 U Page 11 of 21 . n de•msk AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I/ I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date, 'kG1A QA/ N-- p .2 .,u._-t Authorized Signature Title c. -V1 . e-k`n Llc (-(, Name (please print) Telephone (LKU(pueT-1® aDL -Cow Email STATE: Tt Y4 COUNTY: rI'ddl I\A vp SUBSCRIBED AND SWORN to before me by the above named 12 f''�1 _y\ oi.1,,l y- on this the q'1. day of Jv\ , 20 Zcz— .��""�� HOPE BIDDLE `�Y Le`'NotaryPublic,State of Texas N a Pu lie ': 41 Comm.Expires 08-28-2028 ''.; , Notary ID 132618229 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 12 of 21 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 P..ec=r,=d 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 flied 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. Sae 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 _ffense under this section is a misdemeanor iJ Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate) J Name of local government officer about whom the information is being disclosed. . - Name of Officer ,,4.1 Describe each employment or other business relationship with the local government officer. or a family member of the officer.as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? nYes o 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 �-No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest of one percent or more. l\ 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 176003(a)(2)(B). excluding gifts described in Section 176.003(a-1) w.jtw` Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics state tx.us Revised 11/30r2015 0 0 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acornplete copy of Chapter 176 of the Local Government Code may be found at httpalwww.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship'means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C)a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code 6176.003(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-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,ora family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),exduding 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 filedwith the appropriate recordsadministrator not later than the seventh business day after the later of: (t) 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 Ethos Commission www.ethics.state.tx.us Revised 11/30/2015 Page 14 of 21 House Bill 89 Verification I \ake,-', 13-ou'L r1 (Person name), the undersigned representative (hereafter referred to as "Representative") of L av (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 lv2. , 20t . �����. Ar-N.. HOPE BIDDLE )&/ `�,=.Notary Public,State of Texas G'� Comm.Expires 08-28-2028 �'.;;,� Notary ID 132618229 Nota ublic Page 15 of 21 • SB 252 CHAPTER 2252 CERTIFICATION 1, 1\areilveiNfJP-0A-N- , the undersigned n representative of \.- Lv (L€}j f ) (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. 41keiii\ Rk A it07-- Name of Company Representative (Print) . CiA1/171 66.JG1462‘1— Signature of Company Representative Date Page 16 of 21 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding federally funded projects. 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: 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. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 19 of 23 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. 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.: Accounting, 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 20 of 23 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. TERNIINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper mariner 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 21 of 23 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. Page 22 of 23 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. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 23 of 23