HomeMy WebLinkAboutPR 18355: PORTABLE TOILETS WITH HAND WASHING STATIONS, MONTHLY BASIS FOR PARKS AND REC. DEPT. P. R. #18355
05/21/14/ca
RESOLUTION NO.
A RESOLUTION AWARDING A ONE (1) YEAR CONTRACT TO SPRINT WASTE SOLUTIONS,
LP OF PORT ARTHUR, TEXAS FOR THE RENTAL OF REGULAR, WHEELCHAIR ACCESSIBLE
AND PORTABLE TOILETS WITH HAND WASHING STATIONS ON A MONTHLY BASIS FOR
THE PARKS AND RECREATION DEPARTMENT IN AN AMOUNT NOT TO EXCEED $50,000.00
ANNUALLY(ACCOUNT NO. 001-1402-551.51-00)
WHEREAS, on April 23, 2014 bids were received for the rental of portable chemical toilets for
the Parks and Recreation Department; and,
WHEREAS, the bids have been evaluated by the City staff and the Purchasing Manager; and,
WHEREAS,the bid tabulation is attached hereto and made a part hereof as Exhibit"A"; and,
WHEREAS, the specifications required that the bidder specify rates for the following categories:
regular toilets, wheelchair accessible toilets, handwashing stations and flushable toilets; and,
WHEREAS, Sprint Waste Solutions, LP was the lowest and most responsible bidder with regard
to the regular toilets and portable toilets with hand washing station; now,therefore,
WHEREAS, the City used the 5% local preference for Sprint Waste Solutions, LP with regard to
the wheelchair accessible toilets; now,therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur hereby awards a one (1) year
contract with an option to renew for two (2) additional one-year periods for the rental of regular,
wheelchair accessible and portable toilets with hand washing station for the Port Arthur Parks and
Recreation Department to Sprint Waste Solutions, LP.
Section 3. That the City Manager of the City of Port Arthur is hereby authorized and directed to
execute a one (1) year contract with the option to renew for two (2) additional one-year periods with
Sprint Waste Solutions, LP in an amount not to exceed $50,000.00 annually in substantially the same
form as Exhibit`B".
P. R. #18355
05/21/14/ca
Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED THIS day of , A.D.,
2014, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Deloris "Bobbie" Prince
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
\r0..1L
Val Tizeno, s4-7q.
City Attorney
APPROVED FOR ADMINISTRATION:
John Comeaux, P.E.
Int. City Manager
P. R. #18355
05/21/14/ca
Al Int ' , 0 All0+,4pr
1 - higpen, CPRP, A- ', CAS
Director of Parks and Recreation
APPROVED AS TO AVAILABILITY OF FUNDS:
Al .I. ,1 i
De.orah Echols, CPA
Director of Finance
� r
"lawa Tubbs, CPPO A)
Purchasing Manager
EXHIBIT A
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EXHIBIT B
CONTRACT FOR THE RENTAL OF
REGULAR, WHEELCHAIR ACCESSIBLE
AND PORTABLE TOILETS WITH HAND
WASHING STATION
THIS AGREEMENT, made this day of , 2014, 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 Greg Gabriele herein acting by and through Sprint
Waste Solutions, LP 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 from June 9, 2014 through June 8, 2015. This is a one (1)
year contract, with an option to renew for two (2) additional one-year periods.
2. The Contractor will supply the regular, wheelchair accessible and portable toilets with hand
washing station as stated in the Contract Documents.
3. During the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor and other services necessary to connection
therewith, excepting those supplies specifically not required of Contractor in the
Specifications.
4. The CONTRACTOR agrees to perform all the work described in the specifications and
contract documents and to comply with the terms therein for the monthly amounts of$57.50
for regular toilets, $61.00 for wheelchair accessible toilets and $61.00 for portable toilets
with hand washing station in an amount not to exceed $50,000 or as shown in the Bid
Tabulation.
5. The term "Contract Documents" means and includes the following:
1) Agreement
2) Advertisement for BIDS
3) Addenda
4) General Information
5) Specification
6) Bid
7) Notice of Award
Page 1 of 2
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
7. 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.
Signed on the day of , 2014.
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY JOHN A. COMEAUX, P.E.,
INTERIM CITY MANAGER
Signed on the day of , 2014.
ATTEST SPRINT WASTE SOLUTIONS, LP
BY
CITY SECRETARY
PRINT NAME:
TITLE:
Page 2 of 2
DELORIS"BOBBIE"PRINCE,MAYOR 1 'fifte'� JOHN COMEAUX
ROBERT E."BOB"WILLIAMSON,MAYOR PRO TEM
^��.,,`ww,,'w..'?,w, « , ,� ACTING CITY MANAGER
COUNCIL MEMBERS: City of 1' SHERRI BELLARD
RAYMOND SCOTT,JR. tt` l CITY SECRETARY
ELIZABETH"LIZ"SEGLER �' £ �
flip igpf
MORRIS ALBRIGHT, III VALECIA R.TREND
WILLIE"BAE"LEWIS,JR. ort I'IF h u r CITY ATTORNEY
DERRICK FREEMAN
KERRY"TWIN"THOMAS Texas
APRIL 14, 2014
INVITATION TO BID
RENTAL OF PORTABLE TOILETS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, April 23, 2014. (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, April 23, 2014 in the City Council
Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: Toilet
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 1 089 444 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 writinJ.to:
City of Port Arthur. TX
Clifton Williams, Senior Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
cwilliam snportarthur.net
Please submit questions or exceptions in writing to the email above. The final day for contractor to
submit questions is April 17,2014 at 2:00 p.m.
Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB
P.O.Box 1.089 1 444 4th Street I Port Arthur,Texas 77641 1 409.983.8160 I Fax 409.983.8291
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.
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
Page 2 of 13
May 21 14 03: 36p p. 3
INVITATION TO BID
RENTAL OF PORTABLE TOILETS
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT [N
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? V
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
1 -3(oce)
Mailing Address: Email:
!
f0.L)� . r 5� 5 //C �� 6- Ail( ze.o_, ix/ Gzim r (ffi --
City, State, Zip Code: Date:
e04'7-4/2-/ 7)\-C 7_76, /
Page 3 of 13
CITY OF PORT ARTHUR TEXAS
RENTAL OF PORTABLE TOILETS SPECIFICATIONS
The City is requesting bids on the rental of Portable Chemical Toilets.
REGULAR TOILETS,WHEELCHAIR ACCESSIBLE TOILETS, & ADA ACCESSIBLE TOILETS
1. The City will rent these portable toilets for our various parks and other locations.
2. The Portable toilets will be used in the following ways.
A. Remain on the premises year round (Barbara Jacket Park, Rose Hill Park, etc.)
B. Remain on premises until a Sports league season ends (Soccer, Softball, Football, etc)
C. Festivals and functions for individuals and Organizations (Mardi Gras, Mexican Heritage, Party)
3. The Vendor will service the portable toilets at each location twice a week at the year round locations.
4. The City will rent weekly and monthly.
PORTABLE TOILET WITH INTEGRATED HANDWASHING STATION
1. The City will rent portable toilets with integrated hand washing stations for our landfill, various parks
and other locations.
2. These will be used regularly at the Landfill and sparingly during festivals and functions for individuals
and Organizations (Mardi. Gras, Mexican I-Icrifage, Parties)
3. The City will rent weekly for festivals and functions.
4. The City will rent monthly for the Landfill.
5. It will be a two station hand Washing Station.
6. Contractor must provide soap and paper towels in a dispenser.
Vendor is financially responsible for any damage or theft to the equipment.
This is a one (1) year contract with the option to renew for two (2) additional one-year periods.
The contract may be awarded to one vendor. The City reserves the right to award one contract based on weekly
rates and one contract based on monthly rates.
Page 4 of 13
May 21 14 03: 36p p. 4
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Rental of Portable Toilets for City of Port Arthur
BID DUE DATE: April 23, 2014
ITEM# DESCRIPTION WEEKLY MONTHLY
1 REGULAR TOILETS $ /C0,00 $_._✓�7'SQ
2. WHEELCHAIR ACCESSIBLE TOILETS $ $ /. CO
3 ADA ACCESSIBLE TOILETS $ /1/&, $
4 PORTABLE TOILET WITH
HAND WASHING STATION $ DC $ ///, on
/(l,Y) 6.. Aci5/ ecs?g ��-
COMPANY NAME STREET ADDRESS
OF
SIG . T. E"OF BIDDER P.O. BOX
7
6?, E/ S, raX/Q/Zz /�/%yv,� -IX 176=46
PRINT OR TYPE NAME CITY STATE ZIP
P.
Vo 1/°9 7.3(0-36,co
TITLE AREA CODE TELEPHONE NO
EMAIL FAX NO.
Page 5 of 13
May 21 14 03: 37p p. 6
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS §
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made
to any competitor or any other person engaged in the same line of business, nor has the signatory or
anyone acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature:
Printed Name:
Title:
Company:
'/�/mil`" _ �.►t
Date:
SUBSCRIBED and sworn to before me the undersigned authority bylfli/ the a- of, 2.0t on
behalf of said bidder.
N�1111111.� d,,.��nrr;,e.,, SERENA ANN COPELAND qjL , ''k { �
v Notary Public in and for th
°•�L���`
Notary Public. State of Texas
My Commission Expires i State of Texas
December fl2, 2014
My commission expires: ao,u4 f 1 uAt
Page 6 of 13
May 21 14 03: 37p p. 7
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. 1 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. 1 further agree to pay succeeding debts as they become due.d
Firm Name Date
(" ■61.r7 .Cf-ed V P
Authdi' • Signature Title
( 1e7/.-Xs/ 3. 6 C yl) 736,`36:c
Name(please print) Telephone
Email
STATE:
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named r ^ v �(p!(hri de
on this the 1 day ofa_e_AD? ,2 0 PI .
=,io`;A,ro;," ScREhA ANN COPELAND ,_ A � A
Notary Public, State of Texas
s,% :�' My Commission. Expires 'Notary Public
;:t;,; t�;,�' December 02, 2014
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 7 of 13
May 21 14 03: 37p P . 8
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business
day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006. Local Government Code. An offense under this
section is a Class C misdemeanor. . 1/
1. Name of person who has a business relatio . i with ,cal governmental entity.
P e'teJ� g h'
2. Check this box if you are filing an updat preyiously filed questionnaire.
(The law requires that you file an updated compleplet�ques 'onnare with the appropriate filing authority not later than
7th business day after the date the originally filed qu no it comes 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,Sr.D)must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No
C. is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director,or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
4.
Signature ofperson doing business with the governmental entity Date
Page 8 of 13
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 ATTACIIMENT 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°A of the lowest bid price, as provided by Section 271 .905 of the Texas Government Code.
TERM I NO LOGY: "laid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
Bidders arc cautioned to read the information contained in this TTB 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 "I'eya-: 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.
MINIM TIM S"I'ANIDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must
affirnuiti q,anonstrate bidder's responsibility. A. prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. 1 lave a satisfihetory record of performance.
3. l lave 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
reeuire 1.
6. The e 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
Page 9 of 13
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 ARTI I UR 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.
PURCIIASE t)1U)FR.: 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.: Parks & Recreation, P.O.
Box 1050. 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 shalt not include Sales Tax.
VENUE: 'l'liis a�arcenient 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 \\'!'I'II 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.
INTER FiST OF ME\11;FRS 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.
DELI NO! :ENT PAYMENTS ill !E 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.
QUAN'I'I"III On entities shown arc 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
Pare 10 or 1
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 P.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. lf, 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 burnish 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 he 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.
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 or such termination and specifying the effective date thereof, at least
fifteen (1 5) 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: "l'he City may terminate this contract at any time giving at least
thirty (3u) days notice in writing to the Contractor. lithe 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.
RELEA``F` A1NI) RFC 11IP"I'S: 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 l I 01 13
CARE OE 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 wi l I 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 1w any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and ennployees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person'S500,000 per occurrence For contracts of$100,000 or less; or
l odjly injury 51.000,000 single limit per occurrence or $500,000 each
person /51 .000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage 5100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100.01)0 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 5500,000 per occurrence, for bodily
injury and property dam age.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per
occur:ncc for bodily injury and 5100,000 per occurrence For property damage.
Contractor shall cruise Contractor's insurance company or insurance agent to fill in all information required
(including names o 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 CFkTIFICATI: OF INSURANCF Form should contain a provision that
coverage afforded ender 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 Mal F OI' 1NSt,'RANC1 on like form from or for all Subcontractors and showing the
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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 OWN] I:. 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.
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