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HomeMy WebLinkAboutPR 16593: CONTRACT WITH AMERAPRODUCTS, INC FOR AUTOMATIC DOORS FOR LIBRARY Memorandum City of Port Arthur, Texas Library Department TO: Stephen Fitzgibbons, City Manager FROM: Jose David Martinez, Library Director DATE: July 3l, 2011 SUBJECT: Proposed Resolution No. 16593 RECOMMENDATION The Library recommends the Council's authorization and approval to enter the City of Port Arthur into a contract with AmeraProducts, Inc.., of Beaumont, TX for installation of five automatic doors for the benefit of physically incapacitated individuals, for the sum of $13,620.00 (unit price: $2724.00). BACKGROUND It is the library's obligation to eliminate, so far as possible, barriers which may prevent or inhibit patrons with disabilities from making full use of the library. Installation of automatic doors for entrance and exit is long overdue, and is required under the Americans With Disabilities Act. BUDGETARY AND FISCAL EFFECT Charge to Account Number 001 - 1403 -551 -32.00 STAFFING EFFECT None SUMMARY The Library recommends the Council's authorization and approval to enter the City of Port Arthur into a contract with AmeraProducts, Inc., of Beaumont, Texas, for installation of 5 automatic doors in the public library at a total cost of $13,620.00. P. R. No. 16593 08/04/11 jdm /ts RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACT WITH AMERAPRODUCTS, INC. OF BEAUMONT, TEXAS, FOR THE INSTALLATION OF HANDICAP ACCESSIBLE AUTOMATIC DOORS AT THE PORT ARTHUR PUBLIC LIBRARY IN THE AMOUNT OF $13, 620.00, ACCOUNT NO. 001-1403-551.32-00 WHEREAS, the City of Port Arthur and its Public Library exist for the unfettered benefit of all its citizens; and WHEREAS, some of our citizens, because of physical limitations, may find entrance to and exit from the Public Library difficult without assistive technology in the form of automatic doors; and WHEREAS, requests for bids have been issued, including fourteen (14) specific bid solicitations, and despite the repeated efforts on the part of the City and the Library to solicit bids, only one bid has been received, which was not from Port Arthur; and WHEREAS, the Port Arthur Public Library is requesting that the City Council authorize the City Manager to enter into a contract with Ameriproducts, Inc., in substantially the same form as attached hereto as Exhibit "A ", for the installation of automatic doors for the public library, in the amount of Thirteen Thousand Six Hundred Twenty Dollars ($13,620.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT the City Manager is herein authorized to enter into a contract with Ameriproducts, Inc., in substantially the same form as attached hereto as Exhibit "A ", for Thirteen Thousand Six Hundred Twenty Dollars ($13,620) for the installation of automatic doors so that persons with disabilities may have uninhibited access to the Library. 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 D., 2011, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers Noes: ATTEST: APPRKED AS TO ORM: ,/► D Acting City Secretary City Attorney W� APPROVED FOR ADMINISTRATION: City Manager Library Director EXHIBIT "A" CONTRACT AGREEMENT THIS AGREEMENT, made this 16th day of August, 2011, 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 AmeraProducts Inc DBA AmeriaGlass. Hereinafter called "Contractor ", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City ". WITNESSETH: That for and in consideration of the payments, terms conditions and agreements set forth herein, Owner and Contractor agrees as follows: 1. The term of this Contract shall be sixty days from the Notice to Proceed date. 2. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor, qualified supervision and other services necessary for the satisfactory completion of specifications and agreements. 3, The Contractor agrees to perform all the work described in the specifications and contract documents and comply with the terms therein for the cost of $13,620. 4. The term "Contract Documents" means arid includes the following: a. Agreement b. Request for Quote c. General Information d. Bid e. Specifications 5. The owner will pay the contractor in the manner set forth in the General Information in the amounts required by Contract Documents. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. This agreement can be terminated with thirty (30) days written notice for reasons other than just cause as stated in the specifications. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in ( 2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 2011 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2011 ATTEST CONTRACTOR BY CITY SECRETARY City of `: • ,, .1 ', 'i , ` .\;',, j , Va t r1ha Texas Purchasing Division 444 41h Street 2nd Floor Port Arthur, Texas (409) 983 -8160 Today's Date: July 29, 2011 This bid was not advertised. Fourteen (14) Bids were mailed, e- mailed or downloaded. One (1) Bid were received. There were no bids received from Port Arthur Vendors. Attached is the bid tabulation & copies of the bids for: Automatic Opening Doors for Library Bid Opening Date: July 20, 2011. Shawna Tubbs, shawna(aportarthur.net (409) 983 -8160 Purchasing Manager Clifton Williams, cwilliams portarthur.net (409) 983 -8161 Senior Purchasing Assistant Yolanda Scypion, yolanda portarthur.net (409) 983 -8177 Purchasing Assistant Carolyn Kimball, purchasingAportarthur.net (409) 983 -8160 Purchasing Secretary d F p M A z U �I fxU F 0 A '" Gz7 z a ' a M °: cA ao © .r d l ee 5i ° N gcn0 0 A x ° CC F F 0 a:: o 0 Q F O ; la( E - am 4 74 X g LI cn 4) tz a ba d O co a © A Z ci 5., V h ! W + 5 W x co u V1 › d F o F s O' .. O :Q o s o \\71/411P:),1- 4 C.1 - _ �a FM r --, 0 4.- V W v co `a U A o 0 0 Q o a DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS HAROLD L. DOUCET, SR., MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of : �W A SHERRI BELLARD ;�� ACTING CITY SECRETARY RAYMOND SCOTT, JR. DJ ELIZABETH "LIZ" SEGLER VAL TIZENO MORRIS ALBRIGHT, III Ort rth U CITY ATTORNEY JOHN BEARD, JR. ROBERT E. "BOB" WILLIAMSON Texas DERRICK FREEMAN KERRY "TWIN" THOMAS July 29, 2011 . Jose Martinez Library Director RE: Quote - Automatic Opening Doors On July 20, 2011, we received one (1) quote for the above referenced quote. The low quote was submitted by AmeraGlass Company in the amount of $13,620. Our evaluation of the experience and reputation of AmeraGlass Company indicates that they are capable of completing the work required. Therefore, we recommend the award of a contract for Automatic Opening Doors go to AmeraGlass Company in the amount of $13,620. The original copy of the quote and bid tabulation are included for your review. t aeatL- bi../ittLe Clifton Williams Senior Purchasing Assistant Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs P.O. Box 10891444 4th Street' Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291 • Coy ,f CITY OF PORT ARTHUR ,s CITY QUOTE SHEET it Ns (Speetfkations are attached) Tirgai Date of Request: July 11, 2011 Department Requesting Quote: Library Services Needed: Automatic Opening; Door Quote Due Datt & Time: Wednesday, July 20, 2011 by 3:00 P.M. Mandator/ Pre -Bid Date: Thursday, July 14, 20118 10:00 A.M. 0 Library, 4615 0 Avenue, Port Arthur, TX 77642 Delivery: Quotes are to be faxed to (409) 983 -8291, E- mailed to ewilluinualbortitur,net Delivered to the Purchasing Div., 2 floor, City Hall. Questions, Please contact: Clifton Williams, CPPB, Senior Purchasing Asst., (409) 983.8160 Richard Whitaker, Assistant Library Director, (409) 9834838 ext. 2241 Quantity UOM Unit Cost Total Cost 5 EA $ s J , .orl Number of calendar days to complete installation of the doors •/ / ' r /' w edAf rw. 757 .' Company Name 7 � atit re Printed Name done Address Fax Ci state, Zip E-mail bawaa Tubbs, CPPB, Purchasing Manager Da Pete 1 of 9 6/l 'd Z55Z ' ' 'sPnpoade"wy iNdZti :Zl HOZ '61 'lnr SPECIFICATIONS FOR AUTOMATIC OPENING DOORS FOR THE PORT ARTHUR PUBLIC LIBRARY I. The quantity !s five (3) doors. 2. More must meet ADA requirements. 3. Door* must Wilde wireless remote pads on the exterior side and switches on the interior side of the existing doors. 4. Cost will. include electrical kook up. S. Doors must have a one (1) year warranty. Page 2of9 6/l d ((,SSZ 'oN Dui 'spnpoadnnawy Wdlti Zl IIOZ . 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 1 hereby certify that a do not have outstanding debts witb the City of Port Arthur. 1 anther agree to pay succeeding debts as they become due. I hereby ccrtii ► that j do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. T flirther agree to pay succeeding debts as they become due. 1 hereby certify that X do have outstanding debts with the City of Port Arthur end agree to enter into an agreement for the payment of said debts. 1 further agree to pay succeeding debts as they become due. ,• //4,/. / III a Date Authorised Signature Tt e &ar - gifei1/677 -- fier Name (please print) Telephone Entail STATE: 1 Lfac COUNTY: 4 e-ea0V SUBSCRIBED AND SWORN to before me by the above named Y ,1401" on this the /R U 2014. L/ i811sAQAA1I 1041AICt1 �. K 1 1 0 0 k 2014 otary Public • RUM THIS AFDAVIT AS PART OF THE RID PROPOSAL Page 3 of 9 6/C 'd ZSSZ 'oN 'aul 'sianpoJd?i uiv WdZti Zl l lOZ '6l 'inf CONFLICT OF INTEREST QUESTIONNAI FORM CIQ For vendor or other person deinp budness with heel govcrntnentet entity This qucsdoonaire reflects changes made to the law by H.B. 1491, 80' g., Resider Scion. This questionnaire is being filed in *madame with Chapter 176, Local Government Code by a person eh* has a business relationship u defined by Section 176.001 (1-8) with s local governmental entity and the peticit meets requitement§ under Section 176.006 (a). By law this queedonaatrs must be Bled with the records administrator of the 10e41 governmental entity not laser then the 7 business day after the date the pence becomes aware of Hein that require the statement to be filed. See Section 174.006, 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 relatioastbiip with local governmental entity. 2. Cheek this bee if you are filing an update to * previously filed questionnaire. .� (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later then 7* buboes day after the date the originally flied questionnaire becomes incomplete or inaccurate.) 3. Name of s local government officer with whom Bier has employment or business retedonship. • Name of Officer Tble section (item 3 including subparts A, 5, C, & 1)) must be oompleted for each officer with whom the filer hes an employment or other business relationship es defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A, Is the 1ooa1 proem /tent *Meer named in this section receiving or likely to receive taxable Macrae, other than investment inooms, tom the filer of the questionnaire? ❑ Yes No B. Is the flier oldie queetiotmaire receiving or likely to receive taxable income, other than investment income, tom or at the direction of the local government officer named in this secden AND the taxable income is not received from the local governmental entity? LJ Yes - No C. h t h e f i l e r of t i t i s g n e a d o n n a i r e employed b y a corporation or other business ens icy with respect to which the local government Officer serves es en officer or director, or holds as ownership of 10 percent or more? Yes ✓ No D. Describ cash stanleytnenr o r bueirros<t roleti with the Iocal jovatru'aent officer named in this seoden.. 4. jiZedeeXt S igtsaaire ofpgaon dairtnbwfnesi wide thou governmer�ral tY • Page 4off • 6/1? 'd ZSSZ 'oN Dui 'spnpolduuawy l OZ '6l 'inr City of `" gr CITY OF PORT ARTHUR At QUOTE SHEET VA rri,ur' (Specifications are attached) Texas Date of Request: July 11, 2011 Department Requesting Quote: Library Services Needed: Automatic Opening Doors Quote Due Date & Time: Wednesday, July 20, 2011 by 3:00 P.M. Mandatory Pre -Bid Date: Thursday, July 14, 2011 @ 10:00 A.M. @ Library, 4615 9 Avenue, Port Arthur, TX 77642 Delivery: Quotes are to be faxed to (409) 983 -8291, E- mailed to cwilliams(a,portarthur.net Delivered to the Purchasing Div., 2 floor, City Hall. Questions, Please contact: Clifton Williams, CPPB, Senior Purchasing Asst., (409) 983 -8160 Richard Whitaker, Assistant Library Director, (409) 983 -8838 ext. 2241 Quantity UOM Unit Cost Total Cost 5 EA $ $ Number of calendar days to complete installation of the doors • Company Name Signature Printed Name Phone Address Fax Ci State, Zip E -mail 1 A , , , -7/ii Z, Shawna Tubbs, CPPB, Purchasing Manager Date Page 1 of 9 SPECIFICATIONS FOR AUTOMATIC OPENING DOORS FOR THE PORT ARTHUR PUBLIC LIBRARY 1. The quantity is five (5) doors. 2. Doors must meet ADA requirements. 3. Doors must include wireless remote pads on the exterior side and switches on the interior side of the existing doors. 4. Cost will include electrical hook up. 5. Doors must have a one (1) year warranty. Page 2 of 9 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the _ _ day of _ 20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 3 of 9 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 this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7'" 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 7'" business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local 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 (1 -a), Local Government Code. Attach additional pages to this Form C1Q 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 r] 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 C _ 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 4 of 9 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 13ID. 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. TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER:: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Library, 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. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any -one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. PaapEnf OUANTITIES: 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 suitablle for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payrnents 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. Page 7 of 9 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 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 vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates 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 Page 8 of 9 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 9 of 9