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HomeMy WebLinkAboutPR 19438: CONTRACT WITH JOEY'S TRACTOR SERVICE FOR THE MOWING OF PLEASURE ISLAND Memorandum Date: 06/05/2016 To: Brian McDougal, City Manager From: Jimmy Dike, Director of Pleasure Island RE: Proposed Resolution 19438 Nature of Request: Pleasure Island requests that City Council award Joey's Tractor Service the contract for Mowing of Pleasure Island. Analysis/Consideration: Request for proposals were sent out. Four proposals were received. The committee scored the proposals and Joey's Tractor Service scored the highest ranking. Recommendation: Pleasure Island recommends the City Council enter into a contract between the City of Port Arthur and Joey's Tractor Service of Port Arthur, Texas for the Mowing of Pleasure Island in the budgetary amount of$139,800. Budgetary and Fiscal Effect: The fees related to this proposal will be pad out of the Pleasure Island Accounts 450-1291-549.59-00� , 450-1292-549.59-00, 450-1293-549.59-00, 450- 1294-.,549.59-00. Staffing Effect: None P.R.No. 19438 07/05/2016 JD/CEWJ Page 1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JOEY'S TRACTOR SERVICE OF PORT ARTHUR,TEXAS, FOR THE MOWING OF PLEASURE ISLAND,WITH A PROJECTED ANNUAL BUDGETARY IMPACT OF$139,800.00.FUNDING AVAILABLE IN PLEASURE ISLAND ACCOUNTS 450-1291-549.59-00,450-1292-549.59-00, 450-1293-549.59-00, AND 450-1294-549.59-00 WHEREAS,the City advertised for proposals for Mowing of Pleasure Island; and WHEREAS,the City received four(4)proposals; and, WHEREAS,Joey's Tractor Service was the highest ranked proposal (see Proposal Matrix attached as Exhibit"A"); and, WHEREAS,the contract is for one(1)year with the option to renew for two(2)additional one- year periods. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the City Council of the City of Port Arthur hereby authorizes the City Manager to enter into a one(1)year contract,with the option to renew for two(2)additional one-year periods,with Joey's Tractor Service of Port Arthur,Texas, for Mowing of Pleasure Island, with a projected budgetary impact of$139,800.00, in substantially the same form as attached hereto as Exhibit"B". THAT,funding is available in Pleasure Island Account Nos. 450-1291-549.59-00, 450-1292'- 549.59-00, 450-12931-549.59-00 and 450-1294549.59-00. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED on this day of July 2016 at a Regular Meeting of the City Council of the City of Port Arthur,Texas, by the following vote: P.R.No. 19438 07/05/2016 JD/CEWJ Page 2 AYES: Mayor: Councilmembers: NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal City Manager Jimmy Dike Director of Pleasure Island Jerry Dale, CPA/GFOA Ekk.?I Q1* Interim Director of Finance //We (1LiJi Clifton Williams, CPPB Acting Purchasing Manager EXHIBIT "A" City of Port Arthur Mowing of Pleasure Island Proposal Evaluation Matrix Williams DezTex Industrial Lone Star Outdoor Weight Transport Joey's Tractor Service Services Services Lumberton, .X Port Artinn; TX Port Arthu , TX Lumberton, TX Pricing 1200 1160 1040 880 Disqualified Project Approach 750 675 750 525 References 600 540 600 420 Experience 450 365 420 375 Total 3000 2740 2810 2200 iilejt (t-1'i l,'f-f, Cliftoi Williarns,CPPB, Acting Purchasing Manager EXHIBIT "B" MOWING OF PLEASURE ISLAND THIS AGREEMENT, made this day of July, 2016, 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 Joey's Tractor Service hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one year from start date on Notice to Proceed, with an option to renew for two (2) additional one-year periods. 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 ten(10) days written notice. 2. The Contractor will perform Mowing of Pleasure Island as stated in the Contract Documents. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other necessary services except those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost ITEM# DESCRIPTION COST PER CUT SECTION 1 MOWING $ 1,8 00 WEEDEATING $ 200 SECTION 2 MOWING $ 900 WEEDEATING $ 100 SECTION 3 MOWING $ 1.750 WEEDEATING S 100 SECTION 4 MOWING $ 1,000 WEEDEATING $ 100 SECTION 5 MOWING $ 940 WEEDEATING $ 100 5. The term "Contract Documents" means and includes the following: a) Agreement b) Addenda c) General Information d) Specifications e) Bid f) Notice of Award g) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in(2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of , 2016. CITY OF PORT ARTHUR BY: Brian McDougal, City Manager ATTEST: Sherri Bellard, City Secretary Signed on the day of , 2016. JOEY'S TRACTOR SERVICE BY: Percy J. Villemez, Owner WITNESS: Print Name: DELORIS"BOBBIE"PRINCE .YOR \ BRIAN MCDOUGAL KAPRINA RICHARDSON FRS.,�K,MAYOR PRO TEM CITY MANAGER Energy COUNCIL MEMBERS: City of Win' : SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. )�1 CITY SECRETARY TIFFANY HAMILTON c MORRIS ALBRIGHT,III u r t I't h u l' VAL TIZENO KEITH RICHARD CITY ATTORNEY WILLIE`BAE"LEWIS,JR. Texas OSMAN SWATI CHARLOTTE MOSES April 22,2016 REQUEST FOR PROPOSAL MOWING OF VARIOUS CITY PROPERTIES ON PLEASURE ISLAND DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00pm., Central Standard Time, Wednesday, May 18, 2016. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15pm. on Wednesday, May 18, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P 16-025 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of your RFP 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 Request for Proposal should be directed in ►vrituh to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager, CPPB P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 444 4th Street I Port Arthur,Texas 776411 409.983.8160 1Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS 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 RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. tot 4ii. ifton Williams, CPPB (-- Acting Purchasing Manager Page 2 of 21 REQUESTS FOR PROPOSALS MOWING OF VARIOUS CITY PROPERTIES ON PLEASURE ISLAND (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 21 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Mowinj'at Pleasure will be held at City Hall 5th floor Conference Room on May 5, 2016 at 10:00 a.m. 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 4 of 21 AUTOMATIC DISQUALIFICATIONS OF BID BIDDER WILL BE DISQUALIFIED IF ANY OF THE FOLLOWING ACTIONS ARE DONE. 1. BIDDER DOES NOT WRITE IN PEN. 2. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 3. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET -APPENDIX A. MAKE SURE TO FILL IN PRICE AND THE DAYS. B. LETTER OF INTEREST -APPENDIX B. C. AFFIDAVIT-APPENDIX C(MUST BE NOTARIZED) D. CONFLICT OF INTEREST APPENDIX D (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). E. NON-COLLUSION AFFIDAVIT -APPENDIX D (MUST BE NOTARIZED) Page 5 of 21 CITY OF PORT ARTHUR,TEXAS • V?-1 rtlenr ADDENDUM NO. ONE (1) % May 14,2016 Bid Proposal For: Mowing of Pleasure Island 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: The evaluation criteria has changed to the following a. Experience 15% b. References 20% c. Pricing 40% d. Project Approach 25% 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. 1 .041 CIifton Williams, CPPB Acting Purchasing Manager P - ,1a , Signature o r oxer Date 3` CII? OF PORT ARTHUR„TEXAS �. ,it ADDENDUM NO.TWO (2) *Joi ;� b . _ May 14, 2016 Bid Proposal For: Mowing of Pleasure Island The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documentsand 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: REPLACE APPENDIX"A" WITH THE ATTACHED APPENDIX"A" 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. Clifton Williams; CPPB Acting Purchasing Manager vy , Signature P poser Date City of Port Arthur Request for Proposals The Mowing of Pleasure Island 1. OBJECTIVE: The intent of this Request for Proposal (RFP) is to obtain the services of a qualified contractor to perform Mowing Services on an estimated 140 acres on Pleasure Island. The contractor must perform Mowing Services as specified in this RFP. The City will award all 5 sections to one contractor. 2. LOCATION OF PROPERTY Port Arthur's Pleasure Island, an 18.5 mile long man-made body of land, extends from the mouth of the Neches River on the northwest to the Sabine Causeway on the southeast and is surrounded by Sabine Lake and the Sabine Neches Intracoastal Waterway. 3. PROJECT AREAS—See attached Map A. Section 1- Approximately 56.3 Acres which includes Fun Island Park area and other areas as shown on Key Map, inside the Martin Luther King Drive loop from bridge, along Lakefront Park Road. B. Section 2 - Approximately 33 Acres which include open area between Sections 1 and 3 as shown on Key Map, along Martin Luther King Drive from South Levee Entrance Road to end of grass area. C. Section 3 - Approximately 52 Acres which include an RV Park, a music area, armory, and adjacent areas as shown on Key Map, inside Wave Barrier Road, South Levee Entrance Road, and T.B. Ellison Parkway from Intercostals Canal inward. D. Section 4 - Approximately 26.5 Acres which include the Marina area as shown on Key Map, being each area along both sides Pleasure Pier Boulevard. E. Section 5 - Approximately 22.8 Acres, which include areas North, South, and East of Mariners Cove / Marina Colony as shown on Key Map, along T. B. Ellison Parkway, the water side of High Seas, and Basin Road; area does not include Marina Colony housing division. 4. SCOPE OF WORK These specifications concern the mowing of grass, weeds and uncultured plants on various City properties, parks, and rights-of-way in the City, for mowing of property groups as noted in bid specifications. The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel, and service, to perform and complete all work in an efficient and workman-like manner as specified in the following. The minimum number of cuts will be 20 for the year. Contractor will complete a section in 24 hours. Page 6 of 21 5. WORK ASSIGNMENT The Contractor will be given a schedule as to what week each area will be cut. Failure to contact City's representative as laid out in these specifications may result in the termination of this contract. Assignment shall begin within 48 hours as to the agreed upon date and completed within 24 hours of start. Time extension may be granted due to inclement weather or other act of nature only when contractor request for such extension is submitted to the City's representative. The Schedule will have a start time and a cut-off time; all invoices will be due the last week of mowing. 6. MOWING SPECIFICATIONS A. Each area shall be clean cut to a height of two (2) inches using either a flail or a reel mower of sufficient size, and as approved by City's representative, with due consideration given to proven past performance of the equipment on similar work to complete the task. B. The area will be cleared of litter and debris prior to any mowing and all cuttings and clippings disposed of in a proper manner at the time maintenance is performed. C. Ruts caused by contractor's equipment shall be filled at contractor's expense. D. Limits of mowing are defined as the property lines of park rights-of-way 8-10 feet off pavement. Corners at intersections will be mowed at a 45 degree angle to the intersection for a clear field of vision. E. Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. F. Rotary Mowers may be used. G. Contractor will not spray for weeds. H. The contractor is responsible for picking up trash. Do not just run over it with your tractor. 7. MONOFILAMENT TRIMMING A. Contractor shall neatly trim (cut and/or using a weed-eater), along and around poles, signs park apparatus, tables and structures. Weed eating may not always be needed. B. Contractor shall collect and dispose of clippings. No grass clippings shall be placed or blown into the City's Drainage Culverts or in the streets. C. Frequency of trimming shall be determined by City's representative but normal frequency is approximately every two (2) weeks for these areas during growing season. D. Rear discharge mowing will be required along all public traveled areas, playgrounds, marina and parking areas. 6. PAYMENT The contractor will submit two (2) copies of an invoice in the amount as stipulated on Bid schedule to the City of Port Arthur upon completion of work. Payment for completed work will be made only after verification by a City representative that work was performed satisfactorily and within the time constrains allowed. Page 7of21 7. EMERGENCY PLAN Is invoked as a result of excessive growth and the contractor unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the workload in a timely manner. Contractors should report immediately to the Director of the Pleasure Island Commission, all equipment failures, breakdowns, and rain days in writing within twenty-four (24) hours. Additional mowing can be assigned to other contractors to help alleviate backlogs. 8. CONTRACT PERIOD This Contract shall be for a twelve (12) month period with the option to renew two (2) additional one year periods. Page 8of21 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain proposers with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pares, excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. EVALUATION CRITERIA: The Proposer shall provide the following information: EXPERIENCE: 1. Proposer's performance in Mowing of properties over one (1) acre for governmental entities or other clients. Proposer should indicate the number of years of experience the firm has in performing Mowing Service with businesses of comparable size to the City or other clients. REFERENCES: Include three (3) business references for which similar services have been provided. Include the following: 1. The period for which you have provided this service; 2. A brief description of the scope of work; and 3. Contact name, title, address, and telephone number. The Proposer hereby authorizes and requests any person, firm, corporation and/or government entity to furnish any information requested by the City in verification of the references provided and for determining the quality and timeliness of providing the services. PRICING: See Appendix A LOCATION: Points awarded bids to bidders whose principal place of business is in the City of Port Arthur. PROJECT APPROACH 1. Describe your firm's capability to provide all services required A. Number of employees. B. List of equipment that will be used. Contractor may be required to show equipment. C. Number of crews working. Page 9 of 21 D. How many per crew? E. How the crews will work the sections? SELECTION PROCESS: All applications will be screened by an evaluation committee and those applicants selected for a short list may be invited to attend an interview, at the applicant's own expense. The City shall not incur any costs for applicant preparation and/or submittal of qualifications. The City will evaluate all responses based on the qualifications, past performance and project approach. The City reserves the right to negotiate the final fee prior to recommending any business for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Experience ... 15% b. References 20% c. Pricing 35% d. Location 5% e. Project Approach 25% 2. City staff shall recommend the most qualified business to the City Council and request authority to enter into a contract. 3. When services and fees are agreed upon, the selected business shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next, highest ranked business. The process shall continue until an agreement is reached with a qualified business. 5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for, traveling to and attending interviews. Page 10 of 21 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. 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. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. 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 owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be Page 11 of 21 rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1. 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.: Pleasure Island 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. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. 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 RFP. Page 12 of 21 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. 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. Page 13 of 21 RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). 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 Page 14 of 21 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. Page 15 of 21 • -," ...•' .,1"T==. . --- —r• • '••1 li. - - • • - .-,- ,1:+2:.",',1,-'"•.,... 1%,„,., ,,....,, , ... , ,... "..._, ... ippor... -;,..-- -. . . . , . . -,,-• ..-. ...z..-'. ', ,. m.,, ,.. ... - to..,- .....,... .;. , .. ' goil*‘• ' . ..„---• " O'cojaV., • .; . ,,,,,, -7- - V . ,...;, '---.." 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E.,...:-;,..;•,,i,f, •,' KEY MAP • - '' i ' 7 SECTION I • ..,..,, t'll. i , fl SECTION 2 KEY MAP PROPOSED GRASS CUTTING AREAS — muAi p.mIRV'', OttAstKM MAR°CPDASSON ''....14' —''1 SECTION 3 04. r• . _ . _ -__...„-,- —,,,-----.-.---, SECTION 4 r P.Y.MO Mtn , SURVIWORS la-GICARMIS .. , L. SECTION 5 • c • APPENDIX D 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. n « 2. Check this box if you ar filing an update to a previously filed questionnaire. IA/ (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. 11o ' € 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? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. _p Signature of pe on oing business with vernmental entity Date Page 20 of 21 APPENDIX E 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: L2 L2 Printed Name: P .rc y J 1�� 17 ; ., e z Title: d s' r e f Company: J 6 e y f I Pa ci0, S e,r Li I. t o Date: S_ /i —)-6 ) SUBSCRIBED and sworn to before me the undersigned authority by the 1 1'1\ of, r11J 1(0 on behalf of said bidder. ),,ALayt,c., //la./Yvv r :;:a `� ., DANA Notary Public in and for the j.1* MY COMMISSION EXPIRES State of Texas ,,,,,,....,-,-;:sOctober 13,2016 ,1 My commission expires: •U -13-16Page 21 of 21 Joey's Tractor Service 2700 61st Street Port Arthur,TX 77640 409-728-1668 Experience I'm a second-generation grass cutter. I started cutting grass 44 years ago with my father. I began with a sickle doing the ditches for my father, as he would cut lots with his 8-N Ford tractor for the City of Port Arthur. We cut grass all over the place. We even cut the railroad track from Port Arthur to Dequincy, Louisiana. Working for my dad began my career in grass cutting and by the age of 10, I had my own tractor and customers. One of my first customers was Frank Philyaw, he lived on 63rd street and I cut his 2 acres next to his house. He would give me a blank check and my mom would have to fill it out for me. As I got older, I continued to work with my dad and I developed a love from grass cutting and the customers I worked for. I have been cutting for several of my customers for 30 plus years. If you know someone with property in Port Arthur, I have probably cut for him or her or something next to him or her. The proudest aspect of my business is that it is a family business. I have taught each of my children the skills I have developed over my career, like my father taught me. My older daughter is a very good tractor driver and worked her way thru college. She now has a college degree in Education. My son has worked for me since he graduated high school and is a very hard worker. He can out cut and out weed eat anyone. My youngest daughter works for me as well and will begin her Masters in Accounting this January. It has been a joy to see each of my children work and grow from my business. I am a member of the Port Arthur Sertoma, Little Flower Church in Port Arthur, and a member of the Knight of Columbus. Port Arthur is my home and a city that has given me a lot of opportunities. I started my business with a Yazoo lawnmower cutting on west side. Since then, I have cut a lot of grass all over Port Arthur. Here is a list of things I have cut in the City of Port Arthur over the years: City of Port Arthur: Pleasure Island 1993-Present Water Plants October 2004-Present Parks April 2004-Present Lots April 1989-2014 Housing December 1999-September 2013 Health Department June 2006-October 2009 Civic center November 2005-June 2008 Joey's Tractor Service 2700 61st Street Port Arthur, TX 77640 409-728-1668 References Port of Port Arthur April 2007-Present Working included: • Cutting 60 plus acres of grass • Dirt work including repairing ruts in laydown yard, across from office. • Tree trimming and shrub maintenance at office and Sun Dial Memorial in front of Lamar Port Arthur • Leveled and removed trees on property in rear of Port Floyd Gaspard, Executive Port Director Larry Kelley, Jr., Deputy Port Director 221 Houston Ave 221 Houston Ave Port Arthur,TX 77641 Port Arthur,TX 77641 Office: 409-983-2011 Office: 409-983-2011 Texas Department of Agriculture May 2013-Present Maintenance work at Orange Inspection Station on IH 10: • Mow grass, edge along concrete pathways,trash removal, and tree trim. • Some repair to concrete and dirt work. Dirt work included filling in holes and leveling the property. Jennifer Bailey, Regional Director 5425 Polk Street Houston,TX 77023 (713)-921-8200 City of Port Arthur 1985-Present • Pleasure Island, 1993-Present Jimmy Dike, Director • EDC 520 Pleasure Pier Blvd. • Environmental Health Port Arthur,TX 77640 • Parks Department (409)-982-4675 Port Arthur ISD 2009-2010 Various jobs including: • Cutting Memorial High School Reed Richard, Director of Maintenance at PAISD 748 Shreveport Port Arthur,TX 77640 (409)-989-6200 Joey's Tractor Service 2700 61st Street Port Arthur,TX 77640 409-728-1668 Equipment List Tractors: T190a with 15ft cutter TL80 with 15ft cutter TN70 TRACTOR tn65 with 15ft cutter tn65 with 15ft cutter ford 3910 with 6ft cutter ford 3600 with 6ft cutter ford 3930 with 6ft grader box 2 Alamo 60 inch flail mowers 1 Alamo 72-inch flail mower Lawn Mowers: Ferris IS5000ZC33D REAR DISCHARGE 72"CUT Ferris IS5100ZC33D REAR DISCHARGE 72"CUT Ferris IS5100ZC33D REAR DISCHARGE 72"CUT Ferris 7200 with cat diesel 72" cut Kubota ZD331 60"cut * Zero turn mowers all are rear discharge Miscellaneous Equipment: 5 FX100RX STIHL WEEDEATERS 3 BACKPACK blowers 1 STIHL BR600 3 REDMAX EBZ8500 1 BILLY GOAT F13 CONTRACTOR/MUNICIPAL WHEELED BLOWER,13 HP 2 STICK EDGER STIHL FS100RX 1 LANE EDGER 1 3 point MANITOU COMERICAL road edger for tractor 3 model 305 rotary cutters 3 6 ft rotary cutters 3 chain saws 3 pole saws 2 STICK 1 ADJUST 5 trailers 1 WELDER BOBCAT 250 WITH TRAILER more not listed Joey's Tractor Service 2700 61 S`Street Port Arthur,TX 77640 409-728-1668 Project Approach Number of Employees: 3-5 List of Equipment that will be used: Tractors: T190a with 15ft cutter TN70 with 15ft foot mower Tractor 3600 Ford *Double-Safety Chains will be used on bat-wing Zero Turn Mowers: Ferris IS5100ZC33D REAR DISCHARGE 72"CUT Ferris IS5100ZC33D REAR DISCHARGE 72"CUT Misc. Equipment: 2 Trailers Rhino 450 Side by Side Weedeaters-2 FX100RX STIHL Blowers: • Backpack Blower-STIHL BR600 • Wheeled Blower-Billy Goat F13 Contractor/Municipal Wheeled Blower, 13 Horsepower Edgers: • Stick Edger-STIHL FS100RX • Lane Edger • Road Edger-3 point Manitou Commercial road edger for tractor Chain Saw Pole Saws-2 sticks, 1 adjust *We have back-up equipment if one breaks. Numbers of crews working: 1 How many per crew? 3-5 1 How the crews will work the sections? Section 1: General Guideline we follow for each section: Before any work starts, 1 employee will ride the Rhino Side by Side to pick up all trash or debris. After all trash is picked up and disposed of, 2 employees will begin cutting with 15-foot tractors. The employee that was picking up trash on the Rhino will begin cutting with the zero turn lawn mower. The zero turn allows grass to be cut closer to trees and areas the tractor cannot. After the tractor driver's finish cutting,they begin to weed-eat around poles,trees, and signs (any grass the tractors and lawn mowers could not reach). Important Notes on Section 1: 1. Fun Island Park area will be cut when there are no people around or inside to avoid potential problems. Usually in early mornings,there are no people so the park can be cut early. 2. Any part of the park that has people in it,will be skipped and returned back to when no people are present. 3. Roadway coming off of bridge will be cut during low traffic times, due to the large amount of traffic going to and from work. 4. Roadsides off of bridge will be cut when it is dry, due to steep slope. 5. Bike path will be edged with curve dresser and box blade to remove grass from path. Section 2 General Guideline we follow for each section: Before any work starts, 1 employee will ride the Rhino Side by Side to pick up all trash or debris. After all trash is picked up and disposed of,2 employees will begin cutting with 15-foot tractors. The employee that was picking up trash on the Rhino will begin cutting with the zero turn lawn mower. The zero turn allows grass to be cut closer to trees and areas the tractor cannot. After the tractor driver's finish cutting,they begin to weed-eat around poles, trees, and signs(any grass the tractors and lawn mowers could not reach). Important Notes on Section 2: 1. Caution will be taken around disc golf players. 2. Make sure there is no one at the pavilion when cutting around it. 3. The ditches in front of park hold water, so if rain is possible,make sure the ditches are cut first. 4. Bike path will be edged with curve dresser and box blade to remove grass from path. 2 Section 3 General Guideline we follow for each section: Before any work starts, one employee will ride the Rhino Side by Side to pick up all trash or debris. After all trash is picked up and disposed of,two employees will begin cutting with 15- foot tractors. The employee that was picking up trash on the Rhino will begin cutting with the zero turn lawn mower. The zero turn allows grass to be cut closer to trees and areas the tractor cannot. After the tractor driver's fmish cutting,they begin to weed-eat around poles,trees, and signs (any grass the tractors and lawn mowers could not reach). Important Notes on Section 3: 1. Only rear discharge mowers will be used around RV trailers. This will prevent lawn mowers from throwing rocks or other items. 2. All wet spots will be weedeated in RV Park. (Usually behind trailers by entrance) 3. Water filter for pond pump will be checked each cut. 4. Pond will be weedeated around. Trash will be removed from pond. 5. The island will be cut with zero turn,because the bridge is not stable enough to hold a tractor. 6. To be extra cautious,Joey normally weed eats the whole RV Park to avoid any damage that could be caused to trailers, cars, etc. 7. Bike path will be edged with curve dresser and box blade to remove grass from path. Section 4 General Guideline we follow for each section: Before any work starts, one employee will ride the Rhino Side by Side to pick up all trash or debris. After all trash is picked up and disposed of, two employees will begin cutting with 15- foot tractors. The employee that was picking up trash on the Rhino will begin cutting with the zero turn lawn mower. The zero turn allows grass to be cut closer to trees and areas the tractor cannot. After the tractor driver's finish cutting,they begin to weed-eat around poles,trees, and signs (any grass the tractors and lawn mowers could not reach). Important Notes on Section 4: 1. Majority of this section is cut with a zero turn, including: Marina, Office, Yacht Club, State's parks and wildlife offices, and Boulevard. 2. Special care will be taken when cutting close to the walls of the marina,due to washouts and ropes, electric cords, and water hoses left on ground. 3. Bike path will be edged with curve dresser and box blade to remove grass from path. 4. Roads will be blown off with Wheeled Blower-Billy Goat F13 Contractor/Municipal Wheeled Blower, 13 Horsepower after edging. 3 Section 5 General Guideline we follow for each section: Before any work starts, one employee will ride the Rhino Side by Side to pick up all trash or debris. After all trash is picked up and disposed of,two employees will begin cutting with 15- foot tractors. The employee that was picking up trash on the Rhino will begin cutting with the zero turn lawn mower. The zero turn allows grass to be cut closer to trees and areas the tractor cannot. After the tractor driver's finish cutting, they begin to weed-eat around poles, trees, and signs (any grass the tractors and lawn mowers could not reach). Important Notes on Section 5: 1. Marina Cove area will be cut with zero turn. 2. Wet spot across from housing entrance must be cut first, due to water retention. 3. Levy must be cut when dry, due to steep slope. 4. Bike path will be edged with curve dresser and box blade to remove grass from path. 5. Roads will be blown off with Wheeled Blower-Billy Goat F13 Contractor/Municipal Wheeled Blower, 13 Horsepower after edging. 4