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HomeMy WebLinkAboutPR 18665: RESCINDING RESOLUTION NO. 14-038 P. R. No. 18665 10/21/14 ca RESOLUTION NO. A RESOLUTION RESCINDING IN-ITS ENTIRETY RESOLUTION NO. 14-038,AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR MOWING VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY DESIGNATED AS GROUP 6 WITH M. S. SERVICE OF PORT ARTHUR, TEXAS, IN AN AMOUNT NOT-TO-EXCEED $2,490.00; FUNDING AVAILABLE IN PARKS ACCOUNT NO. 001-1207-531.31-00. WHEREAS, on January 21, 2014, the City Council awarded a contract for mowing various city properties, parks and right-of-ways in the city designated as Group 6 to Calvin White of Port Arthur, Texas, in the amount of$12,480 pursuant to Resolution No. 14-038; and, WHEREAS, Calvin White has indicated that due to operational and personnel issues, the company will not be able to fulfill the contract; and, WHEREAS, the Purchasing Division and Department of Parks and Recreation staff recommend the City Council rescind the contract for mowing various city properties, parks and right-of-ways in the city designated as Group 6 with Calvin White of Port Arthur, Texas, in the amount of$12,480; and, WHEREAS, quotes were solicited and received from three (3) vendors on October 20, 2014 (See Bid Tabulation attached as Exhibit"A"); and, WHEREAS, M. S. Service of Port Arthur, Texas, was the lowest and most responsive bidder that met all the requirements; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the City Council hereby rescinds Resolution No. 14-038 in its entirety, which awarded a contract for mowing various city properties, parks and right-of-ways in the city designated as Group 6 with Calvin White, of Port Arthur, Texas, in the amount of $12,480. P. R. # 18665 10/21/14 ca Section 2. That the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur a contract, in substantially the same form attached hereto as Exhibit "B", between the City of Port Arthur and M. S. Service of Port Arthur, Texas, in an amount not-to-exceed $2,490 for mowing various city properties, parks and right-of- ways in the city designated as Group 6. Section 3. 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: al Tizens, sq , City Attorney P. R. # 18665 10/21/14 ca APPROVED AS TO ADMINISTRATION: John A. Comeaux, P.E. Interim City Manager Albert T. Thigpen, CPRP, IPMA-CP, CAS, CPS Director of Parks and Recreation APPROVED AS TO THE AVAILABILITY OF FUNDS: s 1) / 401,Y Deborah Echols, CPA Director of Finance • AIA ....Ark=i /J Shawna Tubbs, CPPO, CPPB Purchasing Manager EXHIBIT "A" t . ƒ ? k % / / vs - \ c CI u 2 — @ C E GA = Cr CO 0 o 2 ^ c_.. t ; u X § / . * B S k R . . . co■ 0 k 2 ) 2 J C4 £ 2 V O 2 3 � e 41 0 § R / O u '0 >" co / @ § _ # LI V k > '@ o • k OA _ = 0 cn ..p % / / � / © .. & / .2 o : ] ƒ U 0 \, �V co �• , O I �� \ )' \ �j / / � ' _ 2 ~� § 2 \ 0 k \ — F-21 �� ' c C.41:: 4-12 ..... EXHIBIT "B" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 6 IN THE CITY OF PORT ARTHUR 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 Maria Lopez doing business as M.S. SERVICE hereinafter called "CONTRACTOR". WITNESSED: 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 Agreement shall be from the date stated on the Notice to Proceed until February 28, 2015, unless sooner terminated under the provision hereof, with an option for the City to renew for one (1) additional year. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. 2. The Contractor will perform mowing of properties and Rights—of—Way in Group 6 for $830 per cut 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 in 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 as follows: Group 6 for $830 per cut. The total cost will not exceed $2,490. 5. The Contractor will commence the work required by the Contract Documents on or before a date to be specified in the "Notice to Mow" and will mow the lots within seven days unless the period for completion is extended otherwise by the contract Documents. 6. 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 8) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 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 2014. OWNER: CITY OF PORT ARTHUR John A. Comeaux, P.E. Interim City Manager Signed on the day of 2014. CONTRACTOR: M. S. SERVICE Maria Lopez CITY OF PORT ARTHUR QUOTE SHEET City of G `1 ,; 0 4) (Specifications are attached) ®J Vitt rthu Tecas Date of Request: October 15,2014 Department Requesting Quote: Parks and Recreation Services Needed: Mowing of Various City Properties,Parks and Rights-of-Way Quote Due Date&Time: Monday,October 20,2014 by 10:00 A.M. Mandatory Pre-Bid Date: Thursday,October 16,2014-9:00 A.M.City Hall,444 4"H Street 3" floor Conference room Port Arthur,TX 77642 Delivery: Quotes are to be faxed to(409) 983-8291, E-mailed to volanda.goudeaux@portarthurtx.gov portarthurtx.gov Delivered to the Purchasing Div.,rd floor, City Hall. Questions, Please contact: Yolanda Scypion-Goudeaux,Purchasing Asst., (409)983-8160 Item # Description Pric Group 6—Port Acres/El Vista Areas q 190. + 1. Eagle Park $ I(� 140.. + • 2. 200• + El Vista Park $ t�� 110• + 3. Lakeside Park $ an 190*. + 830 4. *arose Park $ !=' \iD + S. Ray Park at Shirley and Ray $ 161,D Total Group 6 $ ZOO M,8 Spkvice_. . 1/... Company Name Signature Niii CI Lint% (thy 9.5''am - ./o Zo iy Printed Name Phone L163 ,cth a Address Fax 196r4-4 A fAtfix Tk 171py6i. 1 ooteZ.e.)labd2 9oGoss g--0). City,State, zip E-mail +k.0 t 1, corn P ,.A ( (A) ova_ 1 i 9'01 q S awna Tubbs, CP 0, CPPB, Purchasing Manager Date • Page 1 of 13 ` The enclosed QUOTE and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting quotes for the enclosed referenced services for the City of Port Arthur. Quotes must be signed by a person having authority to bind the firm in a contract. It is the sole responsibility of the firm to ensure that the QUOTE submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted quote submittals are accented. Page 2 of 13 SPECIFICATIONS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR 1. SCOPE OF WORK 1.1 These specifications concern the mowing of grass, weeds and uncultured plants on various City properties, parks, and rights-of-way in the City, for mowing of property groups as noted in bid specifications. The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel, and service, to perform and complete all work in an efficient and workman-like manner as specified in the following. 2. WORK ASSIGNMENT 2.1 The Contractor will be given a schedule as to what week each area will be cut. Failure to contact City's representative as laid out in these specifications may result in the termination of this contract. Assignment shall begin within 48 hours as to the agreed upon date and completed within 24 hours of start. Time extension may be granted due to inclement weather or other act of nature only when contractor request for such extension is submitted to the City's representative. The Schedule will have a start time and a cut-off time; all invoices will be due the last week of mowing. 3. MOWING SPECIFICATIONS 3.1 Each area shall be clean cut to a height of two (2) inches using either a flail or a reel mower of sufficient size, and as approved by City's representative, with due consideration given to proven past performance of the equipment on similar work to complete the task. 3.2 The area will be cleared of litter and debris prior to any mowing and all cuttings and clippings disposed of in a proper manner at the time maintenance is performed. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 The City will only accept mechanical trimming and edging. No chemical are to be used. 3.5 Limits of mowing are defined as the property lines of park rights-of-way 8-10 feet off pavement. Corners at intersections will be mowed at a 45 degree angle to the intersection for a clear field of vision. 3.6 Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. 3.7 Along some Rights-of-Way it should be noted that they are maintained by citizens in some areas. Page 3 of 13 4. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radius of three (3) feet. 4.2 Contractor shall collect and dispose of clippings. No grass clippings shall be placed or blown into the City's Drainage Culverts or in the streets. 4.3 Frequency of trimming shall be determined by City's representative but normal frequency is approximately every two (2)weeks for these areas during growing season. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes shall be maintained as requested by City's representative. (approximately two(2)times a year). 5.2 Contractor will be responsible for collecting and disposing of cuttings. 6. PAYMENT 6.1 The contractor will submit two (2) copies of an invoice in the amount as stipulated on Bid schedule to the Parks and Recreation Department upon completion of work. Payment for completed work will be made only after verification by a City representative that work was performed satisfactorily and within the time constraints allowed. 7. EMERGENCY PLAN 7.1 Is invoked as a result of excessive growth and the contractor unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the workload in a timely manner. Contractors should report immediately to the Interim Director of Parks and Recreation, all equipment failures, breakdowns, and rain days in writing within twenty-four (24) hours. Additional mowing can be assigned to other contractors to help alleviate backlogs. Page 4 of 13 8. CONTRACT PERIOD 8.1 This Contract will terminate approximately four (4) months from the date of execution with the option to renew one (1) additional year. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. 8.2 It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. /Pan& Za/a'('‘ Signature of Bidder Date Page 5 of 13 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: tj 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. /ct174, LQ (0 ,0 6) Firm Name Date Authorized Signature Title MCI) Lo P çL q ga 53 $'l Name(please print) Te ephone locaza to go gcig Qtau\- u)lin Email STATE: IOW- COUNTY: 372.gZ71__ SUBSCRIBED AND SWORN to before me by the above named Gt tV& ti)Fl/ l-r) on this the ((o day of Oc- 'Y ,20 14 U TUYET T.MAI L Gil MY COMMISSION EXPIRES - ,tary Public 1;h f May 4,2015 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 6 of 13 • NON-COLLUSIONAFFIDAVIT 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: 1.0191.6 Printed Name: mcc p4 Title: Company: N(.•c. SQJpJC42 Date: De5t012Q4 1/14 2,r) SUBSCRIBED and sworn to before me the undersigned authority by i6 the (A. of, 1/5L on behalf of said bidder. lay , ar TUYET T.�411i y Public in and for the MY COMMISSION EXPIRES State of Texas fit May 4,2015 My commission expires: ,,y( / S Page 7 of 13 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.N T)o pion who has a business relationship with local governmental entity. 2. Q Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) • 3.Name of a local government officer with whom 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 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? O Yes El 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? E] Yes El 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? D Yes ri No D. Describe each employment or business relationship with the local government officer named in this section. 4. NILt i's CA. 1~0p,7 /L' /4-/ 9 Signature of person 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 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 exceptions)/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. Page 9 of 13 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.:Parks 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 Page 10 of 13 the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION:All bids are to be F.O.B.,City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REOUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If,through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified,necessary or proper to perform and complete all the work required by this Contract,in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally,the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERNIINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen(15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Page 11 of 13 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 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). Page 12 of 13 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 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. 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. Page 13 of 13