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HomeMy WebLinkAboutPR 19149: PURCHASE OF A MOTOR, VERTICAL PUMP FOR UTILITY OPS City of P.R. No. 19149 9/09/15 jt ort rtho Texas INTEROFFICE MEMORANDUM WATER UTILITIES DEPARTMENT-ADMINISTRATION DIVISION Date: October 9, 2015 To: Brian McDougal, City Manager From: Jimmie Johnson, Ph.D., Director of Utility Operations RE: Proposed Resolution No. 19149 V K Nature of the Request: The Water Utilities Department will purchase a motor for a vertical pump at the Main Lift Station. The Main Lift Station supplies wastewater collection services for customers in the City of Port Arthur. The motor for the main line lift station has burnt up and should be replaced due to its important usage. The motor is for a Worthington Dresser Vertical Pump, which supplies wastewater to the Main Wastewater Treatment Plant. This award establishes a unit price for a motor for a 300 horsepower vertical pump. Four(4) vendors have submitted bids; Louis Allis has met specifications and was low bid. Smith Pump & Company $85,840.00 Waco, TX. Five Star Electric $68,155.91 San Antonio, TX. Houston Motor Control $67,380.00 Houston, TX. Louis Allis $54,030.00 Warrior,AL. P.R. No. 19149 9/09/15 jt Staff Analysis, Considerations: City personnel will install motor. Recommendation: I recommend that the City Council approve Proposed Resolution No. 19149 to authorize the execution of a contract in an amount with an estimated budgetary impact of$54,030.00 for purchase of a motor for a vertical pump at Main Lift Station to Louis Allis, of Warrior, Alabama, for the Water Utilities Department. Budjet Considerations: This equipment will be charged to the sewer bond fund. #428-1625-532.83-00; Project Number 428003. P. R. No. 19149 10/09/15 jt RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF A MOTOR FOR A VERTICAL PUMP FOR THE UTILITY OPERATIONS DEPARTMENT WITH LOUIS ALLIS OF WARRIOR, ALABAMA, IN THE AMOUNT OF $54,030.00. FUNDS ARE AVAILABLE IN ACCOUNT NUMBER 428-1625-532.83-00, PROJECT NO. 428003 WHEREAS, the Utility Operations Department routinely performs maintenance on pumps and motors throughout the City; 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, Louis Allis of Warrior,Alabama has submitted the 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 Louis Allis, for the purchase of a motor for a vertical pump, for the unit price, shown in Exhibit "A", in the amount of$54,030.00, in substantially the same form as attached hereto as attached as Exhibit"B"; and, THAT, funding for this material will be provided for in the Utility Operations budget; and, THAT, the City can terminate this contract at its convenience, which includes but is not limited to, funding not being available in any budget cycle, with fifteen days written notice; and, P. R. No. 19149 10/09/15 jt Page 2 of 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 2015 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor • Councilmembers: NOES: Deloris Prince Mayor ATTEST: APPROVED FOR ADMINISTRATION: Sherri Bellard Brian McDougal City Secretary City Manager APPROVED AS 0 FORM: _Am,I, 4/A i/All4'ne‘- alecia Tizeno Clifton Williams, CPPB City Attorney Acting Purchasing Manager No. 19149 10/09/15 jt Page 3 of 3 Dr. Jimmie Johnson, PhD Director of Water Utilities APPROVED AS TO THE AVAILABILITY OF FUNDS: r /r • /a se-k- i�� CD.t4Aw.o/k..e Jerry Dale, CPA/GFOA Interim Director of Finance Exhibit "A" (Bid Tabulation) n E,' r-, > ed > ''d f 7.CI.'---'s' 4:4E- k:(V to 6 Ox z t71o o t-' n "..m... d d m0 bv' o n "d tri C"" .n1 ro C� z ren r z Y ,-c n P4. 0 cm ,-c) 4 2 0 0 VI CD 7t n o ° v O b � b y o .11 to *0 CJ x o 4 n y "sii: G I CA IV 17c ,i �' 000 -3 °� O r" < `�'.r 'd "� .- r-3rri _, n m N ►� JOz 4x0 n � yyy N y Cil _0 o o O3 nx © 1 Z cn rt o n4xtil H � y H 0, 0 0 0 ,:pc cx) Cn w r '- Ov' 'sJ x0 o n oxo y 0 O t-' Re. t z o H y rrnn zy o 00 0 0S .7v y a cam .:-� o o ov' O C" v' r, -d r7 x a > o n r go w r" C r m r z vJ Ca Exhibit "B" (Contract) PURCHASING CONTRACT AGREEMENT FOR LOUIS ALLIS, OF WARRIOR, ALABAMA THIS AGREEMENT is made this the of , 2015, by and between an individual, firm partnership or corporation, Louis Allis of Warrior, Alabama. 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 City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with fifteen (15) days written notice. 2. The Vendor will provide a 300 HP motor, to fit the existing pump as delineated and submitted in their quote dated August 28, 2015. 3. The Vendor agrees that if the 300 HP Motor does not meet the specifications of the current motor as delineated in the specifications, the contract will become null and void, and the City of Port Arthur will not owe any money. 4. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the specifications, described as: Motor for Vertical Pump 5. The Vendor agrees to deliver all materials within no calendar days after the receipt of a purchase order in the amount of $54,030.00 in the unit prices as stated the proposal dated August 28, 2015. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 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: Louis Allis SIGNED AND AGREED to on the day of , 2015. WITNESS: CITY OF PORT ARTHUR: G City Secretary City Manager CITY OF PORT ARTHUR,TEXAS 42)4-- ADDENDUM NO.ONE (1) tiport rt6ur August 20,2015 Bid Proposal For: Purchase Motor for Vertical Pump at Main Line Lift Station The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Friday,August 28,2015. (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 Friday, August 28, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. KlLY�. Clifton Williams,CPPB Acting Purchasing Manager l &Jz7 /Zo)5 Si ature ' ' oposer Date DELORIS"BOBBIE"PRINCE,MAYOR .N._ BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City of 'g+ fi CITY MANAGER " COUNCIL MEMBERS: ;' SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY HAMILTON o r t r I Jt u r MORRIS ALBRIGHT I trtc VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AUGUST 11,2015 INVITATION TO BID PURCHASE OF MOTOR FOR VERTICAL PUMP AT MAIN LINE LIFT STATION DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 26, 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, August 26, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-064 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, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Please submit questions in writing to the email above on or before Thursday, August 20, 2015 at 10:00 a.ni. 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 1 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. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 13 INVITATION TO BID PURCHASE OF MOTOR FOR VERTICAL PUMP AT MAIN LINE 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 3 of 13 CITY OF PORT ARTHUR PURCHASE OF METER BOXES & LIDS REQUEST FOR APPROVED EQUAL FORM This form must be used to request approval of items equal to items specified with a brand name and must be submitted to Clifton.Williams@portarthurtx.Ezov no later than August 20, 2015 at 10:00 a.m. Make additional copies as necessary. OFFEROR'S NAME: BRAND NAME BRAND NUMBER/PRODUCT CODE APPROVED DENIED Page 4 of 13 SPECIFICATIONS MOTOR FOR VERTICAL PUMP AT MAIN LINE LIFT STATION The motor is for a Worthington Dresser Vertical Pump at the Main Line Lift Station. The motor must meet the following specifications of the current motor. 1. The Pump Size& Type is 24MNF-28 Worthington. 2. Motor specs. A. Model—VSW84F32328 B. Serial—25485 C. Frame—5808P36 D. SE— 1.15 E. RPM—580 F. HP—300 G. AMP—422 H. Volt—480 I. Phase - 3 3. The Pump this motor is for is used to pump wastewater. 4. Deliver the mo The City will accept an equivalent motor. Contractor must state the Brand and Model on the Bid Proposal Page. Contractor may submit the Approved Equal form by date stated on the form. If not the City will determine if the motor is equivalent when evaluating the bid. 5. We do not know the thrust for the pump. 6. Contractors are responsible for the accuracy on the specifications. Bidder can email me to schedule a time to look at the Motor and pump. 7. Attached are 4 photos. 8. Deliver the motor to the Water Plant located at 1101 H. 0 Mills, Port Arthur, Texas 77640. The motor must be delivered to the Water Plant during this time(Monday thru Friday 8:00 a.m. to 3:00 p.m.). Page 5 of 13 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Purchase Motor for Vertical Pump at Main Line Lift Station BID DUE DATE: August 26,2015 DESCRIPTION TOTAL COST PURCHASE OF MOTOR FOR VERTICAL PUMP AT MAIN LINE LIFT STATION $ 514,03O BRAND/MODEL L0k.)IS A I t)S1IV 3001258o€p3(,LV DELIVERY WILL BE CALENDAR DAYS AFTER RECEIPT OF PURCHASE ORDER Lo 1113 COMPANY NAME �qDc kCaci STREET ADDRESS SI iIATU CiF BIDDER P.O. BOX 5304Ql aenKtila ) Q,(m101 i 1L 35180 PRINT OR TYPE NAME CITY STATE ZIP TITLE (lo5 5-7 3- ! 05-7 AREA CODE TELEPHONE NO ki05Q/I0u150II15MQ - E I IL (zo )� 510 I i I FAX NO. Page 6 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: / V I hereby certify that Ido not have outstanding debts with the Cityof succeeding debts as they become due. Port Arthur. I further agree to pay I hereby certify that Ido 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 Ido 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. Lwi 4 ( 113 Firm Name Date to J ZO 5 ( t& CJL 5 Aui�orize Signature `'� Title o�lu�hc i �Q,ri Iii v (zü ) D-13- I 7 Name(please print) Telephone • irrIQ1/14IOu-15c(1115 , 0,017171Email STATE: 4L. COUNTY:0 unk SUBSCRIBED AND SWORN to before me by the above named nQ4i'(j _v,K, �evita ikg on this the 2r(41-- day of tat. ,20 1 s AA kLA otary 'ublic d RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL My Commission Expires 10/07/2015 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.Name of person who has a business relationship with local governmental entity. ]\j 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 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? 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? ov I 1 Yes I I No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. � BZ72015 Signa re of erson doinbusiness 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 exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts Page 9 of 13 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 is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 10 of 13 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. 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. Page 11 of 13 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 Iimit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days 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. Page 12 of 13 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 13 of 13 ATTACHMENTS • 3" t • r r�� - .. ` w.. - 0.7. Z.f1 w r r. • i...':te S Y ; 4j: ! '� ;;':••4„4,-,:..: ,:x e 4.....;-.r -t •-tel i�_.. _ '3 +.' z 77•*Pq�Y t. ] 3 • F � . ••i ,1 t -Ifs • i T ._.:.'..4,,,•t, •.'.-. 1-' L,,,,,, ;_... ,, ..„),,,,..1,0 .:,_.: S .,.. 1 .... �. : ., ., I i C.. : a k ms's .1 n f I V i .1 :; - ,. • • • * '_ '�. e� i '} 1 CO a �— , --� —= • r . i �, ! � i. ; - "� `rte' .I �/ L.i 1°ji ii. 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