HomeMy WebLinkAboutPR 18695: IKON ENVIRONMENTAL SOLUTIONS REPAIRS TO THE DITCHES ALONG FOLEY AND 53RD ST. P. R. 18695
11/5/14 sjp
PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO: John A. Comeaux, P. E., Interim City Manager
FROM: Sue Polka, P.E., Public Works Director/City Engineer
DATE: November 6, 2014
SUBJECT: P.R. 18695
COMMENTS
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 18695 authorizing the
City Manager to enter into a contract with IKON Environmental Solutions of Houston, Texas,
for repairs to the Foley and 53r1 Street ditches in the not-to-exceed amount of$47,050.
BACKGROUND:
Due to the high amount of flooding from the rain event that occurred on July 18, 2014, it was
determined that the vegetation in the ditches along Foley and 53rd Streets should be removed to
prevent this from occurring in the future. The City Manager has previously approved proceeding
with this emergency repair. The work consists of removing sediment and vegetation from 3,200
linear feet of the 53rd Street Ditch (which includes the ditches north and south of the El Vista
pump station and the ditch north of the homes on Linkwood Street) and 1,200 feet of Foley
Ditch. The locations are shown on the attached maps.
Two quotes were received for the work with the lowest and most responsive quote received from
IKON Environmental Services of Houston, Texas, in the amount of $47,050 and the second
quote received from Texas Drainage, Inc. in the amount of$49,000.
BUDGETARY/FISCAL EFFECT:
Funds are available in the Capital Improvement Project, Account No. 301-1601-591.84-00,
Project No. GO-805.
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY:
It is recommended that the City Council approve Proposed Resolution No. 18695 authorizing the
City Manager to enter into a contract with IKON Environmental Solutions of Houston, Texas,
for repairs to the Foley and 53rd Street ditches in the not-to-exceed amount of$47,050.
P. R. 18695
11/5/14 sjp
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH IKON ENVIRONMENTAL SOLUTIONS OF
HOUSTON, TEXAS, FOR REPAIRS TO THE DITCHES ALONG FOLEY
AND 53RD STREETS, IN THE NOT-TO-EXCEED AMOUNT OF
$47,050.00, CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 301-
1601-591.84-00, PROJECT NO. GO-805.
WHEREAS, the sediment and vegetation at the along Foley and 53rd Streets are in need
of removal; and,
WHEREAS, quotes for the removal of the sediment and vegetation were received on
November 3, 2014, Exhibit"A"; and,
WHEREAS, IKON Environmental Solutions of Houston, Texas, has submitted the
lowest and most responsive quote in the amount of$47,050.00; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, in order to prevent future flooding, the City Council authorizes the City Manager
to enter into a contract with IKON Environmental Solutions of Houston, Texas, for the
removal of sediment and vegetation from the ditches along Foley and 53rd Street (see maps
attached as Exhibit "A"), in the not-to-exceed amount of$47,050, in substantially the same form
as attached as Exhibit`B"; and,
THAT, funding for these repairs are in the Capital Improvement Projects Account No.
301-1601-591.84-00, Project No. GO-805; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes and the City
Council.
P. R. 18695
11/5/14 sjp
READ, ADOPTED, AND APPROVED this the day of
A.D. 2014 at a meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
•
NOES:
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Val Tizeno
City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
, ,
John A. Comeaux, P. E. Deborah Echols, CPA
Interim City Manager Director of Finance
L '
LAJ1`-t a_C LtL
ue Polka, P.E. Shawna Tubbs, CPPO
Director of Public Works Purchasing Manager
P. R. 18695
11/5/14 sjp
Exhibit "A"
an 0
✓ c o t
..^ i R .
0
�• 3 ° �
CZ
A 4 o
s U o M
A „
et OA r la ae Q
L, N O C I. C
C Q en” C Q V
. s. �4m) cd 5 •
o
S'
Q i
C
c z o ;� z O
U o c a
a °
m CI .6 E c
CV CSI
t4 ti) CI
a,
U > cn
P.
y
ao c 5
cu
O
as Q a
•
E • bA h �.
p C =
tl. y 1- 7v,
•,� o D r to
y E E U
=
cp c4 c
Cs
c ti
E � :1'
U
P. R. 18695
11/5/14 sjp
Exhibit "B"
I
''
a r ,
1 i '
+
• R
on
a�N uosnoH
.ti
. ' / C
• •
cn
=
0
�c , ( +
1 I.. 1 H
s . CD
I
i CI)
r�.- a •- .;�a . W ..•,.-.awr:....s m ri....4,....
,
. • a 0.
a f-;
I
Ae4 1 Cr)
z t (-)
s nth l Jana tl g.,--
f
r t-
j
::,r
. arty '.
•
•
■
r
i
•
1•it 1,-,,,,:.„„' .. ,.,
r . •
.,jr
I ‘171
,ors "■ ,
ii9111' At ,-^ , ..
A '�
i, � �� +/
l'
,
1 ; .
3
y 4'
� Al:. r ,- 1 ,rn
. '
•
Ii
I
r - ', "Or -
/
.41
_ ...._____,. .
.. ,r,,,„;:l
. /
. , „
i■rl I` 0
P. R. 18695
11/5/14 sjp
Exhibit "C"
P. R. 18695
11/5/14 sjp
CONTRACT TO REMOVE VEGETATION AND
SEDIMENT FROM DRAINAGE DITCHES
THIS AGREEMENT, made this the 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 IKON Environmental Solutions, 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 for thirty (30) days from the date stated on the
Notice to Proceed, unless sooner terminated under the provision hereof. The City can
terminate this contract at its convenience which includes, but is not limited to, funding
not being available in any budget cycle within ten (10) days written notice.
2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all
of the materials, supplies, tools, equipment, labor, and other services necessary to
connection therewith, excepting those supplies specifically not required on
CONTRACTOR in the Specifications.
3. This contract shall not exceed the amount of$47,050.00.
4. The term"Contract Documents"means and includes the following:
1) Agreement
2) Invitation to Bid
3) General Information
4) Specifications
5) Bid
6) Bidder's Information Sheet
5. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
6. IN WITNESS WHEREOF,the parties here to have executed, or caused to be executed by
their duly authorized officials,this Agreement in two (2) copies, each of which shall be
deemed an original of the date first written above.
OWNER CONTRACTOR
CITY OF PORT ARTHUR, TEXAS IKON ENVIRONMENTAL SERVICES
BY: BY:
John A. Comeaux, P. E. Print Name:
Interim City Manager Title:
From:IKON Environmental Fax:(281)973-0010 To:+14099838291 Ft : +14099838291 Page 2 of 1 1 11103/2014 1 1:38
%1111/,/ CITY OF PORT ARTHUR
QUOTE SHEET
Cln o f
(Specifications are attached)
1/l 4. 4'
or rthu ^
Tons
Date of Request: October 30,2014
Department Requesting Quote: Public Works
Services Needed: Remove Vegetation from Drainage Ditches
Quote Due Date&Time: Monday,November 3,2014 by 4:00 P.M.
Delivery: Quotas are to be faxed to(409)983-8291,
E-mailed to clifton.williaros@portarthurtx.gov
Delivered to the Purchasing Div.,2nd floor,City Hall,
Questions,Please contact: Clifton Williams,Sr.Purchasing Asst.,
Clifton.willia.ms @portarthurtx.gov
TOTAL $ 7 7. as"--0,. °--6.--)
NUMBER OF WORKING DAYS TO COMPLETE /8
Company Name .filature
SA- ,mot-W--y 0.6
Printed Name Phone
1YO - 1icr?T 2 243 - cr13-au to
Address Fax
f160, ti 7743 sa/a2e.0 r goe1,r0 Q0,
City,State,Zip E-mail
ff�� 11
(�v��'L, i/ 17
el:064/
Clifton Williams,Senior Purchasing Assistant Dat e
Page 1 of 10
:••from:IKON Environmental'Fax (281)9730010 .To.+14099B38281. .Fax:•+14089838291 Page.4-.of.1111)03/201411.38
•• oucoiiusi N AFFIDAVIT .. ..
~.QF:PORT'ARTHU .
:for••'the:bidder.:gertifi, thait.....neither h :.nor.'the
•. ::$y.:the signature below,:the:sigt>etoty.... .. . . . .
:•.;:�:.......:-'........- , :- ..: ....::..... :..;.. .... .. .'.. •... .. .. .. . .
•
•• ...co..rp,or_a.ti o n,partnersh. ip:orinstitution..repre d.. en the'signatory:oi anyo rt e
acting.for�the.finm;:��:�.•;�'::`;•:��:;:
e has'violated the•antitrust laws.of:this.:State,codified
:�T�idding,�thls.�:proJ..�' • ... .. .. -. • � . . -' ..
:..•;::; .-::',seq.,.Texas;Business and Commerce Coder`or:the federal arTtitrust,laws,.nor..communicated;,...:,..
:::..:• ir -or-indirectly made to any competitor:or any other'person engaged d 1n
• . . line:of'business,''nor`has the•signatory:or:anyone..acting:for-the,firm,,corporation or,iristtifuution
... ...........: ...... _. ..'� •.. �'.:. elopTxtent and subrhiss•
bmittinga bid committed any Other act usion.re
ct of�coll fated to.the.dev
: ion
:of this bid prclposal. : . .. . .``•
•
i,na•u
r
:•••••••••-..:, •
• painted.Name: •
�� ...,
:Company:.,'•;'-::.. . . f.,.. ; . . _�: .-` S`.. - .. ;
• � Date:� � ...' ' . ......, .. . .. =...:. .... �.�:. .. ... . , ... .. .. , .. . . . .:;•• ..•
, . •
SCRIBED .'and sworn:to. before. me.the undersigned autfiority•..b.. the ;ofa
SCSI .. ' Y ... .. • .
:: behalf:.of:said bidder.: ti •
:Notary Public-1n.and for the. •
- state.of Texas.:•- •.
... :.. �..�: .My:commissiQn.e�ires:• l I.�ol JJ`"^... .•::'�. :
• �R'a. �tsORAH:®O1aZAlgBCORBiER �
Notery Public,State.of:lbxss
• r
A i
mm si n' i
.M snExr
s•�^l
Y
C es
1
• ... �'''�«"ms`s. . ._ .JYne.:T1.�2015. ... .. .. - .. ...
P¢gt:3 c1f 10. ...
• •• •tir' From:.IKON Environmental•Fax:(281)973 0010 •• • To +14099838291 Fax +14099838291 Page.5'of I)11/032014 11:38;•: '• :`.:'`'
All pager is Offeror's Responses..containing statements,'letters,etc., shall be signed by a duly autbonzed
•officer of the companywhose signature is binding•
The undcrsignc&offers and agrees to one of the followi�ol •
.. ... .....
- hereb certify that I i o iot have outstanding debts with the City of Pcri.t thur. :I further agree.:'.:',' :
.auccoedin debts as tbeybeCOfl due..
e
i hereby.certi that I do have outstanding debts.with.th Cxty.of.Port Arthur-an Wee,to.pay,..
Y
'or to ex
ecntkon of this agreement I further agree to pay succeeding debts as they ecome•
•. .. . said.debts ..•
I.hereby:certify that d 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. •• ..
..�' Y r ...
,1*:'orized.Signature. : .. Tide .. �:®
: :: E- �-
Name.(please print
•
:STATE iaC -S
:. :SUB$GF.IBTD AND SWORN to before m e by the a bove.named �1e •
A—if - .. • .• .. '
•
day of Ar9J..•• 2OJ
•
+.i! ' DEBORAH GONZALES CURRIER _
••. ....... .. ' .� Notary Public.State of Texas _ •
.• .. j :My;Comrnission Expires -.. •. . .. ..'."
: .., June 11,2015 s -
REx'UItN TffiS AFFIDAVIT AS.PART OF TOS BID PROPOSAL.
.. •• :Pngc4.o�P�O .. ...
From:'IKON Environmental Fax:(291)9730010 To +14099838291 Fax:+14089898291 One:6 o(11 1 110312014 1 1 38 . : ;; ": •.'•,'
CONFIACT OP.-INTEREST QUESTIONNAM \
.. ....-. .::,�-FARM COQ::;--:. �:�:"�•'::.::..
For vendor or other person doing business With local.
governmental en
This questionnaire reflects changes made to the law by H.B.1491,soe'.Leg,Regular Session..
This questionnaire is being fled in.accordance with Chapter 176,Local Government Codc by a Pcrson who has a business relari°P814P
ss delyned by.9ection 176,001(1-$)with a local.goveramental entity and the person•meets requirements under Beeson 176.090.4).:.:;
By law this questiormaire must be filed with the records administrator-of the local governmental entity not later than the 7s`business
clay.a8or thedate the person hccoates aware of facts.that require the statement to be Sled.Sec Section 176.006,Local government
Code.
. A commits an offense if the person lcttowingty violates Section 176406,Local Oovernmeat Coda An offense lrnde<tbia :2]
•
: section is s Class C misdemeanor. : '
I.Name of person • 1 has a b ess relationship with local goverwnental entity.
•2. ( "") Check this box if you are 41101'7. update to a previously filed.questionnaire.
�.'J`•(The law requires that you le an updated completed questionnaire with the appropriate filing authority not later.than:•
"'.. : :7a'business day after the date the originally filed questionnaire becomes incomplete or inaccurate,) '•-•• :.. :`...:..-
cut or business rtlationsbip.
:: 3,Name,of a local Sa t ofFtcer.wctlt•whom.fller has empiPylo. ...
verxtmrtt-
0
•Name f cer
• :'' This section(item 3 including subparts A;R,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(14),Local Government Code.Attach additional pages to this Form
CIQ as necessary. ::
_iA, :Is the local government offices named in this section receiving or'ideely to recdve-taxable income,.other than mvnstmeut..
income,from.the.filer of ationaaire?
Xes . IZo
.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 laconic.is not received from the local : ::•.:
: governmeritai entityt
C. Is the filer of this questionnaire-employed-by a corporation or other business entity with respect to which the.local.go.. •ePt•tr.nt-
••••": ; •.. Officer,serves as an officer director,or holds an.ownetslup of 10.percent or more?.:. . : '::.
0
1) Describe each • ent or business relations . with the local • .. ent officer named in this section.
,�
. -...;-with the governmental entity Date �
•��lure of�ersan don c g �Y
`•. Page,5of10.
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of
Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid
Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall
indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform
in strict accordance with the specifications of the invitation. The City reserves the right to accept any and
all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with
these specifications. The award shall be made to the responsive, responsible bidder who submits the best
value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it
shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and
whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas
Government Code.
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 6 of 10
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.: Public Works
Department P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods
or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article
601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of
the invoice.
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 7 of 10
the planning and carrying out of the program, shall have any personal financial interest, direct or indirect,
in this Contract; and,the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the
City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving
assessments or any money to the City until such debts are paid or until satisfactory arrangements for
payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
quoted price. It is further understood that the contractor shall not have any claim against the City of Port
Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required
by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read
and enforced as though each were included herein. If,through mistake or otherwise, any such provision is
not inserted or is not correctly inserted the Contract shall be amended to make such insertion on
application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and complete all the work
required by this Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only the best commercial
practices are to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the
option of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
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 payments to the
Page 8 of 10
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. 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$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.
2. 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.
Page 9 of 10
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.
LIQUIDATED DAMAGES: Liquidated damages will be $150.00 per day.
Page 10 of 10
SPECIFICATIONS TO REMOVE VEGETATION AND
SEDIMENT FROM DRAINAGE DITCHES
(1)Remove 3,200 LF of Vegetation & Sediment from 53`d Street Ditch.
(2)Remove 1,200 LF of Vegetation & Sediment from Foley Ditch.
(3)Primary dump site will be the Operation Center located at 201 H. O. Mils Road, Port
Arthur, TX 77640.
(4)The City will supply four (4) single axel dump trucks and one (1) tandem axel dump
truck.
Page 2 of 10