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HomeMy WebLinkAboutPR 19071: INSTALLATION OF A MOTOR CONTROL CENTER, MK GLOBAL ENTERPRISE DBA BAYOU ELECTRIC Energy Ctty of _ -"' Cit P.R.No. 19071 7L7,) 7/16/15 jt nrr r'r{rur Ti:xus INTEROFFICE MEMORANDUM UTILITY OPERATIONS DEPARTMENT-ADMINISTRATION Date: July 16, 2015 To: Brian McDougal, City Manager From: Jimmie Johnson, Ph.D., Director of Utility Operations RE: Proposed Resolution No. 19071 Nature of the Request: This project is to install and furnish a new Motor Control Center for the 46th Street Lift Station. The original MCC has been in service for over 30 years and has rusted out due to the environmental conditions at the sewer lift station. 46th Street Lift Station is one of our largest stations that pump wastewater to our Main Wastewater Treatment Plant. The following four(4) bids were received on June 10, 2015, and the lowest responsive bid was submitted by MK Global Enterprise dba Bayou Electric. Bidder Total Bid Amerimex Motor& Controls $21,002.51 (Withdrawn by Bidder) Houston, TX C & M Electrical Contractors $33,985.00 Burleson, TX Texas Panel Company $52,720.00 Cypress, TX MK Global Enterprise Dba Bayou Electric $32,920.00 Recommendation: I recommend that the City Council approve Proposed Resolution No.19071 authorizing the execution of a contract for the installation of a new Motor Control Center for the 46th Street Lift Station. Amerimex Motor& Controls, of Houston, Texas, submitted the lowest bid for the project with a total bid of $21,002.51. They have withdrawn their bid due to not adding the cost of removal and installation. The next lowest bidder is MK Global Enterprise dba Bayou Electric, of Vidor, Texas, in the amount of$32,920.00. Staff Analysis, Considerations: Staff will monitor installation and re-route electrical service. Budget Considerations: This project will be funded from the Utility Operations budget 410-1255-532.92-00. P. R. No. 19071 07/16/15jt RESOLUTION NO. A RESOLUTION AUTHORIZING THE AWARD OF BID AND THE EXECUTION OF A CONTRACT FOR THE INSTALLATION OF A MOTOR CONTROL CENTER AT THE 46th STREET LIFT STATION WITH MK GLOBAL ENTERPRISE DBA BAYOU ELECTRIC, OF VIDOR, TEXAS, IN AN AMOUNT NOT TO EXCEED $32,920.00. FUNDS ARE AVAILABLE IN UTILITY OPERATIONS ACCOUNT NO. 410-1255-532.92-00. WHEREAS, the Wastewater Conveyance Division is in need of a Motor Control Center at the 46th Street Lift Station due to the age and condition of the existing equipment; and, WHEREAS, the Utility Operations Department, and the Purchasing Division have solicited bids for this project; and, WHEREAS, the bids have been evaluated by the Utility Operations Department and Purchasing, with no Port Arthur vendors bidding (Bid Tabulation attached as Exhibit"A"); and, WHEREAS, Amerimex Motor& Controls, of Houston, Texas, submitted the lowest bid for the project with a total bid of$21,002.51; however, was later withdrawn by them due to not being aware of the required installation, as denoted in Exhibit"B"; and, WHEREAS, MK Global Enterprise dba Bayou Electric, of Vidor, Texas, has submitted the next lowest responsive bid for this work; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: 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 between the City of Port Arthur and MK Global Enterprise dba Bayou Electric for the Motor Control Center, in an amount not to exceed $32,920.00, in substantially the same form as attached hereto as Exhibit"C"; and, P. R. No. 19071 07/16/15jt Page 2of 3 THAT. this project will be funded by the Utility Operations Budget, 410-1255-532.92- 00; and, 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 , 2015 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Debris Prince Mayor ATTEST: APPROVED AS TO FORM: V14 Sherri Bellard Valecia Tizeno , City Secretary City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal Clifton Williams, CPP8, City Manager Acting Purchasing Manager P. R. No. 19071 07/16/15jt Page 3 of 3 Jimmie Johnson, PhD. Director of Utility Operations APPROVED AS TO AVAILABILITY OF FUNDS: 4 Jerry ; CPA Interim Director of Finance Account No.: 410-1255-532.92-00 Exhibit "A" (Bid Tabulation) _ .i \ H >" U � ? 0 m a) . 2 03 7.1 d cNi c,-, > - c /A ? H c a_CD co U % r--- 7 E w G § ra N \ u7 U -a Fel 2 - ° •e v >< k � o � % H ¥ w 2 u o C4 D u00 ■ u w 4-0 / R \ • 2 7 § § m \ W 2 U o U 't 2« U . • n s g W4 ® O - m «§ o g 6 44 U CO X . C - ke/ 0 $ Uc) \ c 2 v,3 \ < / / / 0 / § / 2 2 2 c ® # .§ Cr k u ' y k = ® '§ $ 0.- © t w E l. U ��cd / It o 2 < k ) - Q \ § j /k \ � § < 7-4 VO. = ' � ° �,ƒ u § 2 c U ƒ • / \0\\ U « . « : � 2 3 / � � Exhibit "B" (Withdrawal of Bid) Gwen Thibodeaux From: Clifton Williams Sent: Thursday,July 23, 2015 11:54 AM To: Gwen Thibodeaux Subject: FW: MCC Projectv From:John Tomplait Sent:Thursday,July 16, 2015 12:58 PM To: Clifton Williams<clifton.williams@portarthurtx.gov> Cc: Dr.Jimmie Johnson <jimmie.johnson@portarthurtx.gov> Subject: FW: MCC Projectv From: King OShea [mailto:king@amerimexinc.com] Sent:Thursday,July 16, 2015 9:50 AM To:John Tomplait<iohn.tomplait@portarthurtx.gov> Subject: MCC Projectv Amerimex motor and control mistakenly bid this project for just the cost of the MCC control box. The inside estimator was not aware of the required insulation. Sorry for the confusion, please withdraw our bid. King OShea ///AmeriMex Motor & Controls, LLC Sales Engineer Cell: (409)728-3719 T: (713) 225-4300 F: (713)225-5707 1 P. R. No. 19071 07/16/15jt Exhibit "C" (Contract) P. R. No. 19071 07/16/15jt CONTRACT TO PROVIDE AND INSTALL MOTOR CONTROL CENTER AT 46th STREET LIFT STATION 4001 46th STREET THIS AGREEMENT is made this the of , 2015, by and between an individual, firm partnership or corporation, MK Global Enterprise dba Bayou Electric, of Vidor, Texas, hereinafter called "Vendor", 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 Vendor agree as follows: 1. The term of this Contract shall be for 60 calendar days from the date of the Notice to Proceed. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. The Vendor will provide a Motor Control Center including installation and labor, as delineated and submitted in their bid dated June 10, 2015. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the specifications, described as: MCC Replacement 4. The Vendor agrees to deliver and install all equipment during the term of this contract, in a not-to-exceed maximum amount of $32,920.00 in the unit prices as stated the proposal dated June 10, 2015. 5. The term "Contract Documents" means and includes the following: A. Agreement B. Specifications/General Information/Bid C. Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. P. R. No. 19071 07/1615jt IN WITNESS WHEREOF, the parties hereto 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 on the date first above written. SIGNED AND AGREED to on the day of , 2015. WITNESS: CONTRACTOR: MK GLOBAL ENTERPRISE DBA BAYOU ELECTRIC By: Print Name: Title: SIGNED AND AGREED to on the day of , 2015. WITNESS: CITY OF PORT ARTHUR: City Secretary Brian McDougal, City Manager DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City of = \ CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY HAMILTON r t r t It u r MORRIS ALBRIGHT r s VAL TREND STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN MAY 26, 2015 INVITATION TO BID MCC Upgrade at 46TH Street Lift Station DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 10, 2015. (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, June 10,2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-054 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 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and 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 14 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for MCC Upgrade at 46TH Street Lift Station will be held on Tuesday,June 2,2015 at 10:00 a.m. at the Water Service Center located at 111 H. O. Mills Road,Port Arthur, Texas. The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary,will issue an addendum(s)to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 14 INVITATION TO BID MCC UPGRADE AT 46TH STREET LIFT STATION (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only 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? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 14 Utility Operations Department Specifications for MCC upgrade at 46th Street Lift Station Location of Properties: The following Lift Station is located at 4001 46th Street, Port Arthur, TX. Scope of Work: These specifications are for changing existing MCC and replace with new square D equipment. Contractor must have a valid State of Texas Electrical License. Duties of Contractor: 1) Bidder shall supply all labor, equipment, and tools necessary to complete the scope of work. 2) Contractor shall remove existing MCC and replace with new MCC. 3) Contractor shall furnish and install a new 3 phases, 480 volt, 600 amp MCC. 4) Inspect all new terminations. 5) Energize new gear. 6) Remove existing Nema size 1 breaker and starter from existing MCC and install in new MCC for exhaust fan. 7) The MCC upgrade will consist of one (1) Square D item number 001-00, Model 6 LVMCC, Model 6 MCC-Industrial Package and 3-60 HP Nema size 4 FVNR starter w/circuit breakers. 8) Contractor should be aware that these lift stations are considered confined spaces, and shall take any necessary actions to ensure a safe working environment for all employees (see below). 9) Electrical Feed must enter at the bottom of the MCC. Duties of City: 1) City personnel shall work closely with the contractor to ensure proper operation of the public sanitary sewer system. 2) City shall provide for hazardous gas detection and ventilation. 3) City will provide the wire to bypass the MCC so that it can be taken out of service. Note: all scrap will become salvage for bidder. Page 5 of 14 ORO CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: MCC Replacement BID DUE DATE:June 10,2015 DESCRIPTION TOTAL COST MCC Replacement W/new Square Ds to include parts, labor f)t� ao U and equipment $ Work will be complete in calendar days. IN Al L\CI0Cit E, iv b )ass \ \bsdAr1 �* COMPANY NAMEr-py vCL.,_ ISTREET ADDRESS 1ft _ RD la SIGNA 0 IliDER P.O. BOX \Orr aYuma \n \Q�( / ii1O PRINT OR TYPE N ME CITY STATE ZIP 041 e_ Metal Y),_ kct (400a TITLE AREA CODE TELEPHONE NO. 0-wek\--1V3 ` l as9 EMAIL FAX NO. Page 6 of 14 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: ` ek , ti Title: \b-A ICLC& tift �1 Company: C-`\1p t.\ �= UtiJsi"►5Q C )el r-1 Date: LQ � 10 k 1 5-- SUBSCRIBED SUBSCRIBED and sworn to before me the u e igned authority by i3 UQ the(J of, I on behalf of said bidder. CARRIE EVE VINCENT Notary Public in and for the Notary Public, State of Texas My Commission Expires State of Texas ",%E,;;;,`:o' April 13, 2016 My commission expires: 1\\ Page 7of14 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: v 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. ,,,,,y1 --- Fir! Name Date ..quip _ r\ V- . ' Q L. Authorized S'_ r •ture Title 4 \ NI q04 (II/ ui \ i I-. L4 OC1 b— c-m• 4 DOO Name (pleast print) elephone "A—SYY()U--) ‘i A \43L\VI .0.1( _(Ii-YA.C) • e-- 0 rn Email STATE: V1s- COUNTY: CYCLIA5S--_ SUBSCRIBED AND SWORN to before me by the above named_ .Sy� z >Jn on this the ` Clin day of Jam-_ , 2► �'�"• °�a% CARRIE EVE VINCENT '_' Notary Public.State of Texas N ubhe .':, ; My Commission Expires F�i':`° April 13. 2016 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 14 CONFLICT OF INTEREST QUESTIONNAIRE FORM C I Q 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.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 7'1 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 t e 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 FrNo 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 9 of 14 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. 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 Page 10 of 14 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.: Utility Operations, 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. 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 Page 11 of 14 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 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 12 of 14 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 Contractor 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$500M00 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 Page 13 of 14 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 14 of 14