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HomeMy WebLinkAboutPR 15895: AGREEMENT WITH SAFETY ASSOCIATES - CALIBRATION OF AIR MONITORING EQUIPMENTPORT ARTHUR FIRE DEPARTMENT MEMORANDUM To: Steve Fitzgibbons, City Manager From: John Avery ~~'~~ _ ~~Yr ~ ~~ Re: Proposed Ij,ctsolution 15895 Late: June 1, 2010 COMMENT RECOMMENDATION "1'he Fire Department recommends adoption of Proposed Resolution No. 15895 authorizing the City Manager t:o execute an Agreement with Safety Associates of Nederland, Texas for the calibration of air monitoring equipment. The Purchasing Division mailed or emailed bid packages to eight vendors. Safety Associates was the only vendor to submit a proposal. Safety E\ssociates has been performing calibration of the Fire Department's air monitoring equipment for several years and their performance has been satisfactory. The bid proposal is attached to the F'R as ``Exhibit .A." BACKGROUND "ll'he Fire Department operates a number of gas detectors for the purpose of monitoring the air at potential hazardous materials release incidents. These detectors require regular calibration in order he reliable. BUDGET/FISCAL EFFECT funds are provided in the FY 2010 budget for calibration of air monitoring equipment. STAFFING/EMPLOYEE EFFECT None SUMMARY "I'he Fire Department recommends adoption of Proposed Resolution No. 15895. "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR ~' P. R.15895 06/01/2010 jda RESOLUTION NO. ~" A RESOLUTION AUTHORI-ZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAFETY ASSOCIATES OF NEDERLAND, TEXAS FOR THE CALIBRATION OF AIR MONITORING EQUIPMENT FOR THE FIRE DEPARTMENT. WHEREAS, the Port Arthur Fire Department operates a number of gas detectors for the purpose of monitoring and sampling the air at potential hazardous materials release incidents; and WHEREAS, the detectors require regular calibration in order to be reliable; and WHEREAS, the Purchasing Division mailed or emailed bid packages to eight vendors; and WHEREAS, Safety Associates of Nederland, Texas was the only vendor to submit a proposal; and WHEREAS, the proposed charges for calibration outlined irl Exhibit "A" are reasonable; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. The facts and opinions in the preamble are true and correct. Section 2. The City Manager is hereby authorized and directed to execute an Agreement in substantially the same form as attached hereto as Exhibit "A". Section 3. That, a copy of the caption of this resolution Council. shall be spread upon the Minutes of the City READ, ADOPTED AND APPROVED on this day of , A.D., 2010, at a Regular Meeting of the City Council of the C:i.ty of Port Arthur, Texas, by the following vote: AYES: NOES: Deloris Prince, Mayor AT'PEST : Te.rr:i Hanks, City Secretary APP~/tjO~VED TO FORM: ~l'~l //~L/'~ V -~ ~~ . Val Tizeno, ity Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager EXHIBIT "A" CONTRACT FOR THE CALIBRATION OF AIR MONTIORING EQUIPMENT THIS AGREEMENT, made this day of June, 2010 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 Safety Associates, a Corporation herein acting by and through its President, Richard M. Harley, hereinafter called "CONTRACTOR ". WITNESSETH: That for and in consideration of the payments, terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1) The Port Arthur Fire Department operates a number of gas detectors for the purpose of monitoring and sampling the air at potential hazardous materials release incidents. 2) The Contractor agrees to provide calibration services for PAFD gas detectors as specified in the attached specifications at the unit costs specified in the contract documents. 3) The term of the Contract is for a one year period with the option to renew for two additional one year period. 4) The term "Contract Documents" means and includes the following: 1. Agreement 2. Specifications 3. Bid 4. Bid Bond 5. Payment and Performance Bond 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. Executed on 'the day of June, 2010. ATTEST CITY SECRETARY Signed on the day of June , 2010. ATTEST CITY OF PORT ARTHUR BY CONTRACTOR BY CITY SECRITARY ~' c -,~, %~_ ~ n~ --_ ~. - ~ ~ --- -=~- ~~~ ~ ~~~.~<'..,c y a~ L.~-= ~___. ~. ~ . ~, b .. } ~~1 ..., 3 v 0 ,--~ ~.. , v~ ~~, ~l I CI Vi ~ W N r-r ~ 77 r~ ~ `,~ ~ ~ a ~ ~ • cv ~ c~ c~ ~ n .~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~. ~. ~ d ~ ~ a ~ ~ ~ ~. ~ ~. ~ ~ ~ ~ _ ~ ~ ~ o ~ d ~ ~ ~ o o ~' z~ z o ~ ~ ~~ ~ ~~ ~ p ~~ b b b b b a ~ ~ ' ~ o n c ~ n n n ~ ~ ~• ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ ~' ' ' ~ ~ ' o o o o o ~ ~ ~ ~ ~ ~-- --~ N ~-' ~ ~ ~.. 69 69 69 69 f~3 Oo W Q1 00 J c.n v~ N v~ v, p O O c.li O O ~' ~ O O O O O p b9 b4 b9 b9 bA 00 W ~--~ N 00 O~ J ~* ~ " v, v~ to v, v~ " O O O O O 0 O O O O O ~ C~ C' a~ o° ~~ r~ ~ ~ ~a 0 q~ ''' o ~. ~ ~ ~ ~ ~~ o "a ~ ~ o~ ~ ~ c ~; a o n y O 0 y x 7~ y t~J ~, SPECIFICATIONS FOR MONTHLY CALIBRATION OF FIRE DEPARTMENT AIR MONITORING EQUIPMENT This Contract: will terminate approximately one (1) year from date of execution with the option to renew for two (2) additional one (1) year periods. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. The Port Arthur Fire Department currently has nine (9)Drager MiniWarn # 4 Gas Detectors, one (1) Drager Mu.ltiWarn # 5 Gas Detector, two (2) Industrial Scientific #3 Gas Detectors, one (1) Drager Pac III H2S Detector and one (1) Multi-Rae Photo Ionization Detector. These Detectors are located at eight (8) different locations throughout the city. The successful. bidder must comply with the following, any exceptions must be noted. 1. Technician- minimum five (5) years experience. ~. Service Manager- Certified Safety Professional or four (4) year degree & ten (10) years experience in NFPA, ANSI, DOT, and Hazmat, CBRN, & Fire w/ direct oversight of calibration and repair program. 3. Free loaner program for instrument, chargers, etc. 4. Calibration gas- NIST traceable analysis, certificate provided, no older than one (1) year. ~. C'alibration on site, no callout fees or travel expense. 6. Reports include post calibration and current calibration, certificate of analysis & alarm point, as well as gas lot number and concentrations. 7. No additional charge for after hours or weekends. 8. No additional charge if equipment is not available for calibration. Comply Yes No The calibrations will be done monthly, quarterly, or yearly as determined by the Fire Department. Because of the nature of Fire Department response it cannot be guaranteed that equipment will be available for calibration at any specific time or place. Any repairs to the above equiprent will be approved by the Fire Department on a case-by-case basis.~~ Page 10 of 14 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Calibration of Air Monitoring Eguipment E3ID OPENIN+v DATE: May 5, 2010 nFSCRIPTION QTY UNIT COST PER CALIBRATION Drager MiniWam #4 Gas Detector Drager Multiwarn #5 Gas Detector Industrial Scientific #3 Gas Detectors Drager Pac IIl H2S Detector Multi-Rae Photo Ionization Detector Receipt of addenda is acknowledged: ~ 1) g ~ S . `" `~ ~2, $ 6 a . SD {,) $ 3S . ~ ~1) $ S. W No. :l Dated ~ . ~- . ~ ~ Received ~ • ~- • ~ COMP ~' ~y / ~ . SIGNATURE OF BIDDER i n STREET ADDRESS MGI~awQ~ (PRINT OR 'TYPE NAME) TITLE P.O. BOX CITY .STATE ZIP AREA CODE TELEPHONE NO. C~ ~ ~ L, l~ bbl ~19~1 ~~1 ~ %~ 2~ ~ l~MAII, FAX Page 11 of 14 BID OPENING DATE: Mav 5, 2010 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER $idciers are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY ~~ ~~~ ~~ ~v I ADDRESS L 6'O 6 ~ '~ ~~f.~ ~~ ~~~ CITY/STA'TE/ZIP ~ ~.,L~C (~ ,N p~ . ~~~a ~ SEND PURCHASE ORDER TO: CC-MPAN Y ADDRESS CITY/STATE/ZIP tM TAX IDENTIFICATION NUMBER _~ ~ ~ S ~ S ~ S Page 12 of 14 AFFIDAVIT All pages in I~fferor's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said d~;bts 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 me b the above named ~~11!?~.~~L~ RIBED AND SWORN to before y ~~ SUBSC on this the day of _ 1~~~~-2A.~~ ,~/L(\ I _ Nota Publl~ic~C. :~ ~~""°^<•~ STEPHANIE LYNN SHEPHERD • rp. ,.....,. ~'. * r PJOTARY PUBLIC ' ~ State of Texas ~`'''^;~F~`''y`••Corr,m.Z~T4U-R1S7R~dI AFFIDAVIT AS PART OF THE BID PROPOSAL Page 1:3 of 14 STATE: ` COUNTY:, ~l ~~"~~ 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, 80" 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 I his questionnaire must be filed with the records administrator of the local governmental entity not later than the 7`n 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 requir~.s that you file an updated completed questionnaire with the appropriate filing authority not later than 7tn business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of local a government officer with whom filer 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 (l-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 th~° 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? ~ N Y o es C [s the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Oftcer serves as an officer or director, or holds an ownership of 10 percent or more? Yes ~ No D. Describe each f;mplovment or business relationship with the local government officer named in this section. 4. l Cirr.,oti~ra nfnarcnn rlnina t111C111PCC with the onvernmental entity Date Page 14 of 14 rt llrtltu 7`ea~~~s Purchasing Division 444 4th Street 2"d Floor Port Arthur, Texas (409)983-8160 Today's Date: May 13, 2010 Advertisement Dates: No Advertise dates (Project under $50,000.00) Eight (8) Bid Packages were mailed or e-mailed. Purchasing was unaware of any Port Arthur vendors that were able to do the job. Attached is the bid tabulation & copies of the bids for: Fire Department Calibration of Air Monitoring Equipment Bid Opening Date: May 5, 2010 Shawna Tubbs, shawna(a~,portarthur.net (409) 983-8160 Purchasing Manager Clifton 'Williams, cwilliams(a~portarthur.net (409) 983-8161 Senior Purchasing Assistant Yolanda Scypion, yolanda(a~portarthur.net (409) 983-8177 Purchasing Assistant Carolyn Kimball, purchasin~(a~portarthur.net (409) 983-8160 Purchasing Secretary DELORIS "BOBBIE" PRINCE, MAYOR ELIl.ABETH "LIZ" SECLER, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMA,N, JR. MORRIS .~LBRIGHT, III N'IARTIN FLOOD JOHN BEARD, JR. ROBERT E. WU~L[ANISON D. KAY WISE THOMAS J. HENDERSON APRIL 26, 2010 STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS C[TY SECRETARY VAL TIZENO CITY ATTORNEY INVITATION TO BID CALIBRATION OF AIR MONITORING EQUIPMENT DEADLINE: Sealed Bid submittals must be received and time stamped by 3:OOp.m., Central Standard Time, Wednesday, May 5, 2010. (T'he clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15p.m. on Wednesday, May ~, ZO10 in th~° City Council Chambers, City Hall; 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Air Monitoring DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY" OF PORT ARTHUR CITY" SECRETARY P.O. BOX 1089 PORT ARTHUR, TEXAS 77641 POINTS OF CONTACT: CITY OF PORT ARTHUR CITY SECRETARY 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77640 Questions concerning the Invitation to Bid should be directed to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.(J. Box 1089 Port Arthur, TX 77641 409.983.8160 Yo landanportarthur.net Questions concerning the Scone of Work should be directed to: City of Port Arthur, TX John Avery, Fire Department, Deputy Chief P.O. Box 1089 Port Arthur, TX 77641 4019.983.8734 j avery(a~portarthur. com Page 1 of l4 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 1N 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. 'j Shawna Tubbs Purchasing Manager Page 2 of 14 INVITATION TO BID CALIBRATION OF AIR MONITORING EQUIPMENT FAILURE TO RESPOND TO BID SOLICITA"LIONS 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 (To be Completed ONLY IF YOU DO NOT BID.) Yes No Does our cam an rovide this roduct or services? Were the s ecifications clear? Were the s ecifications too restrictive? Does the Ci a its bills on time? Do ou desire to remain on the bid list for this roduct or service? Does our resent 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 14 CITY OF PORT ARTHUR GENERAL I]~1FORMATION: 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. The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to prepare SF;ACED BIDS IN DUPLICATE for furnishing: CALIBRATION OF AIR MONITORING EQUIPMENT All bids meeting the intent of this request for bid will be considered far award. BIDDERS TAKING E:KCEPTION 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)i 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 interlineatioais, 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. F;eject 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 2.71.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. Pale 4 of 14 CONFLICT OF INTEREST: No public official shall have interest in this contract, in ~:~ccordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, ~:~hapter 171. :ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any 'business arrangement with any employee, official ar agent of the City of Port Arthur. !VIINIMtiM 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 moneys 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. Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole: issuing authority of addenda shall he vested in the City of Port Arthur Purchasing Manager. Addenda will be mailed to all who are known to have received a copy of the ITB. Offeror's shall acknowledge receipt of all addenda. 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 prf;vail. 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.: Fire Department, P. O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. Page 5 of 14 SALES TAX,: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory z~rrangements 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, Texas 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 shalll 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 rnake such insertion on application by either party. CONTRAC'TOR'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 Pale 6 of 14 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 Titae VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national ol-igin, 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 an} of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: 'the City may terminate this contract at any time giving at least thirty (30) days notice in writing ~to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit an,y sub-contractor to perform any work included in this Contract until he has received from. the Cit;y of Port Arthur written approval of such agreement. Page 7 of l4 INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 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 $SOU,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. ?. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor :;hall 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 OI~ 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 (:ity 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. Page H of 14 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 he 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 9 of l4