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HomeMy WebLinkAboutPR 19474: WESTSIDE COMMUNITY COMPLEX GRASS CUTTING Memorandum City of Port Arthur, Texas Civic Center Department TO: Brian McDougal, City Manager FROM: Adam J. Saunders, Civic Center Director DATE: July 29, 2016 SUBJECT: Proposed Resolution No. 19474 REQUEST: The Civic Center Department has several buildings requiring not just grass cutting, but landscaping services as well. These are the Westside Community Complex, Sabine Pass Community Center and Lions Park, and Rosehill Manor. The Armory will need grass cutting services only. ANALYSIS/CONSIDERATION: Rose Hill Manor and the Armory are a new building to the Department. The Armory will need grass cutting services only, and was included because of the recent addition. Each of the other buildings mentioned, will require both grass cutting and landscaping services. These services are for grass cutting, trimming & edging, detailed landscaping upkeep and repair, weeding all landscaped areas, and pruning and trimming shrubbery. The City advertised on July 3rd and 10th, 2016. Bids were received by four companies and are listed in Exhibit"A". RECOMMENDATION The Civic Center request the City Council's authorization and approval to enter into a one (1) year contract between the City of Port Arthur and Affordable Lawn and Tractor Service of Port Arthur, Texas, for grass cutting and landscaping services at the Westside Community Complex, Sabine Pass Community Center and Lions Park, Rose Hill Manor, and the Armory, with a projected budgetary impact of$32,000.00. BUDGETARY AND FISCAL EFFECT Charge to Civic Center Account Number 001-1061-518.31-00. STAFFING EFFECT None P.R. No. 19474 07/29/16 AJS PAGE 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AFFORDABLE LAWN AND TRACTOR SERVICE OF PORT ARTHUR, TEXAS, FOR GRASS CUTTING AND LANDSCAPING SERVICES AT THE WESTSIDE COMMUNITY COMPLEX, SABINE PASS COMMUNITY CENTER AND LIONS PARK, ROSE HILL, AND THE ARMORY, WITH A PROJECTED BUDGETARY IMPACT OF $32,000.00. FUNDING AVAILABLE IN CIVIC CENTER ACCOUNT NUMBER 001-1061-518.31-00 WHEREAS, there is a need for grass cutting and landscaping services for the Westside Community Complex, Sabine Pass Community Center and Lions Park, Rose Hill, and the Armory; and WHEREAS,the Purchasing Department administered a competitive bid process and opened bids on July 20, 2016; and WHEREAS, a copy of the bid tabulation is attached hereto as Exhibit"A"; and WHEREAS, Affordable Lawn and Tractor Service of Port Arthur, Texas, was the lowest and most responsible bidder; and WHEREAS,this a one-year contract; and WHEREAS, the City Council deems it is in the best interest of the City to approve and authorize the City Manager to execute a contract on behalf of the City of Port Arthur between Affordable Lawn and Tractor Service of Port Arthur, Texas, with a projected budgetary impact of$32,000, in substantially the same form as attached hereto as Exhibit"B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct. THAT, the City Manager is hereby authorized and directed to execute, on behalf of the City of Port Arthur, a one-year contract between the City of Port Arthur and Affordable Lawn and Tractor Service of Port Arthur, Texas, to provide grass cutting and landscaping services at the Westside Community Complex, Sabine Pass Community Center and Lions Park, Rose Hill Manor, and the Armory, with a projected budgetary impact of$32,000.00, in substantially the same form as attached hereto as Exhibit"B". P.R. No. 19474 07/29/16 AJS PAGE 2 of 3 THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of August, 2016, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: , Councilmembers: NOES: . Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO ! ' : /4" Va1ec.!Ti - o, Attorney APPRO ' 1 FOR ADMINISTRATION: Brian McDougal. City Manager P.R. No. 19474 07/29/16 AJS PAGE 3 of 3 APPROVED AS TO FUND AVAILABILITY: Jerry Dale, PA/CGF 140 Director of Finance xy Clifton Williams, CPPB Acting Purchasing Manager EXHIBIT "A" i 9 u U 0ct cis X t] t. r If E 'ta oma, o w M o5" ° � 0o0� cCC0 LI of 00c � q L+ O(/ 3 N ,�Con N .9 y ad 0 • ii r. Li'L . ,.... . . r .. .. = . ._. . . „.... , . ,_. _ E ::1•-""" -U •J .4 c0 r/1 . . c ,� a A Q y ,o i „ � c H ...,� �+ •, v oa00000a+ CC Vit° � c? oNCi � 0 3.4 (V cel O 0 N — N ON d >.$ 69 69 69 69 65 69 6A aE, X O .� �° A1. m s a q = a 0 a.)E. a 0 ,¢ O � � z V � V 000000rn 00 fk A. a. � oo � Qr4 •-4 'co- 4' O co) 69 69 64 64 69 69 CA :' '-- - as x CO 0. b .9 'v 1_: li y. p, a v, 00 0O. 00oQ cs q C oQ C) 000000n 0 to t >43 , o .--. th0.e Tr -y t CC FA VI 64 64 EH 60.1 69 A Cl) r" U 15 . r e U .., ""Ire,1 i i i\.--.2 Q. b v F 0 II t) .. N,Q \ te M > CU: N. ti=�' /if ell% , • c „, 0 6. ,- ..c 0 E --..• 1--., .. U ij O O cC CG Y( f] II O O .— OONcnvc- .-t 1. EXHIBIT "B" CONTRACT FOR GRASS CUTTING SERVICES AND LANDSCAPE MAINTENANCE AT THE WESTSIDE COMMUNITY COMPLEX, SABINE PASS COMMUNITY CENTER AND LIONS PARK, ROSEHILL MANOR, AND THE ARMORY, FOR THE CIVIC CENTER DEPARTMENT, CITY OF PORT ARTHUR, TEXAS THIS AGREEMENT, made this day of , 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 a(n) , herein acting by and through hereinafter Individual,firm,partnership or corporation 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 Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within fifteen(15)days written notice. 2. The Contractor will perform Grass Cutting Services and Landscape Maintenance at the West Side Community Complex, Rosehill Manor, Armory, Sabine Pass Community Center and Lions Park, as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary in connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the unit prices shown in the original bid attached hereto. 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) Advertisement for Bids 3) Addenda 4) General Information 5) Specification 6) Bid 7) Notice of Award 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 and agreed on the day of , 2016. OWNER: CITY OF PORT ARTHUR By: Brian McDougal, City Manager ATTEST: CITY SECRETARY CONTRACTOR: AFFORDABLE LAWN AND TRACTOR SERVICE By: Print Name: Title: WITNESS: Print Name: DERRICK FREEMAN,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER Erterp COUNCIL MEMBERS: City of Cm SHERRI BELLARD,TRMC CITY SECRETARY TIFFANY HAMILTON MORRIS ALBRIGHT,III �-2 VAL TIZENO KEITH RICHARD 1 t/p 1[ z� CITY ATTORNEY WILLIE`BAE"LEWIS,JR. OSMAN SWATI Texas CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JULY 9,2016 INVITATION TO BID Landscaping and Maintenance for the Westside Community Complex, Sabine Pass Community Center and Lions Park, Rose Hill and The Armory DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 20, 2016. (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, July 20, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P16-050 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 and 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 Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 I 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS 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 21 INVITATION TO BID Landscaping and Maintenance for the Westside Community Complex, Sabine Pass Community Center and Lions Park,Rose Hill and The Armory (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 Landscaping and Maintenance for the Westside Community Complex, Sabine Pass Community Center and Lions Park, Rose Hill and the Armory. will be held at City Hall 5`h floor conference room 444 4th Street, Port Arthur Texas on Tuesday July12, 2016 at 2:00 p.m. The purpose of the 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 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-PAGE 13. MAKE SURE TO FILL IN PRICE. B. NON-COLLUSION AFFIDAVIT-PAGE 14 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 15 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 16 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 5 of 21 Landscaping and Maintenance for the Westside Community Complex, Sabine Pass Community Center and Lions Park , Rose Hill and The Armory Location of Properties: 1. The Westside Community Complex is located at 601 Reverend Doctor Ransom Howard Street 2. The Sabine Pass Community Center is Located at 5262 South Gulfway in Sabine Pass. Lions Park is adjacent to the Community Center, the block surrounded by Broadway, 6th, Tremont and 7th Street. 3. Rose Hill is Located at 100 Woodworth Blvd 4. The Armory is located at 3457 57th St. Landscaping and Maintenance of the Westside Community Complex& Rose Hill: 1. The Contractor shall repair or replace at his own expenses any damage to materials or property on site, resulting from negligence during grass cutting or associated activities. 2. The Contractor shall provide the City with a project site that is attractive in appearance and shall keep plant materials and lawn in a healthy and vigorous condition using accepted horticultural standards. 3. The Contractor shall be neat in appearance,perform their work in a professional manner. 4. All Litter and debris shall be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to retrieve any litter missed the first time and cut into smaller pieces by the mower. 5. Litter and debris shall be disposed of properly, off site, at the Contractor's expense. 6. Litter and debris shall be defined as any object not intentionally placed at project site for a specific purpose. This shall include but not limited to paper, wrappers, cans, bottles, building materials, disposable diapers and cigarette butts found on the grounds and all objects found in trash receptacles. This shall also include items produced from a maintenance tasks such as mowing and landscaping maintenance. 7. Mowing all lawns and trimming all lawn edges, maintaining plants by pruning methods and removing weeds from all areas. Page 6 of 21 8. Parking lot and concreted areas, weeds, grasses and poison ivy breaking through pavement shall be controlled with approved contact herbicide sprays and/or manual weeding as required. 9. Proof of current license to spray must be provided with the bid documents if you are spraying. 10. Turf or plants that are damaged or killed due to Contractor's operations, negligence or chemicals shall be replaced. 11. Structures that are damaged due to the Contractor's operations shall be replaced. 12. Damage to or thefts of landscaping installations not caused or allowed by the Contractor shall be corrected at the City's expense upon receipt of City's written authorization to proceed. 13. All plants provided by Contractor shall be guaranteed for a period of one year from the date of written acceptance and shall be alive and in satisfactory growth at the end of the guaranty period. Plants damaged or killed as a result of, hail, wind, lightning, fire freeze, theft, vandalism, construction operation or occupancy of building are not covered by the guaranty. Where Contractor sees any such damage, he shall list item and location and report to the City. 14. At any time during the guaranty period, any dead plant shall be replaced within three (3)weeks of City's request. At the end of the guarantee period any plant that is dead; or 50% or more of the main branch structure dead; not in satisfactory growth as determined by the City shall be removed from the site and shall be replaced as soon as normal conditions for planting permit. Plants which die at no fault to the Contractor shall be replaced at a price and size agreed on by the City and Contractor prior to replacement. 15. Contractors shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs. Trim around poles, signs and structures, etc. 16. Sweep or blow clean all sidewalks and/or concrete areas affected by work. 17. 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. Every two (2) months: 1. The Contractor must remove weeds, cultivate and cleaning of all plant beds and tree dishes. Page 7 of 21 2. Application of fertilizers, insecticides and herbicides to maintain healthy plants. 3. All plants that die must be replaced by contractors at the contractor's expense. 4. General site cleanup, removal of trash and by-products of maintenance in landscape areas and streets. Every four (4) months: 1. Pruning of trees. 2. Replacement of needed mulch. 3. A minimum of 2"depth for mulch installation shall be required. 4. Application of needed fire ant control. Mowing of Sabine Pass and Lion's Park: Contractor is required to assure that the landscape has a neat and maintained appearance by: 1. All Litter and debris shall be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to retrieve any litter missed the first time and cut into smaller pieces by the mower. 2. Litter and debris shall be disposed of properly, off site, at the Contractor's expense. 3. Litter and debris shall be defined as any object not intentionally placed at project sites for a specific purpose. This shall include but not limited to paper, wrappers, cans, bottles, building materials, disposable diapers and cigarette butts found on the grounds and all objects found in trash receptacles. This shall also include items produced from a maintenance tasks such as mowing and landscaping maintenance. 4. Contractor must empty all outside trash cans including (under the building) Loins Park after every cut. 5. No cuts in December. 6. Mowing all lawns and trimming all lawn edges, maintaining plants by pruning methods and removing weeds from all areas. 7. Parking lot and concreted areas,weeds, grasses and poison ivy breaking through pavement Page 8 of 21 shall be controlled with approved contact herbicide sprays and/or manual weeding as required. 9. Proof of current license to spray must be provided with the bid documents if you are spraying. 10. Ruts caused by contractor's equipment shall be filled at contractor's expense. 11. Contractors shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs. Trim around poles, signs,park apparatus, tables and structures, etc. 12. Sweep or blow clean all sidewalks and/or concrete areas affected by work. 13. 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. General Maintenance for the Landscaping for the Sabine Pass Community Center: Every two (2) months: 1. The Contractor must remove weeds, cultivate and cleaning of all plant beds and tree dishes. 2. Application of fertilizers, insecticides and herbicides to maintain healthy plants. 3. Palm trees are to be fertilized with palm tree fertilizer only.NO EXCEPTIONS. 4. All plants that die must be replaced by contractors at the contractor's expense. 5. General site cleanup, removal of trash and by-products of maintenance in landscape areas and streets. Every four (4) months: 6. Pruning of trees 7. Replacement of needed mulch. 8. A minimum of 2" depth for mulch installation shall be required. 9. Application of needed fire ant control. Mowing of Armory: 1. No set Schedule. Representative of City will contact to contractor to mow the area. Contractor must begin mowing the area within 48 hours of contact. 2. All Litter and debris shall be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to retrieve any litter missed the first time and cut into smaller pieces by the mower. Page 9 of 21 3. Litter and debris shall be disposed of properly, off site, at the Contractor's expense. 4. Litter and debris shall be defined as any object not intentionally placed at project sites for a specific purpose. This shall include but not limited to paper, wrappers, cans, bottles, building materials, disposable diapers and cigarette butts found on the grounds and all objects found in trash receptacles. This shall also include items produced from a maintenance tasks such as mowing and landscaping maintenance. 5. No cuts in December. 6. Mowing all lawns and trimming all lawn edges, maintaining plants by pruning methods and removing weeds from all areas. 7. Parking lot and concreted areas, weeds, grasses and poison ivy breaking through pavement shall be controlled with approved contact herbicide sprays and/or manual weeding as required. 9. Proof of current license to spray must be provided with the bid documents if you are spraying. 10. Ruts caused by contractor's equipment shall be filled at contractor's expense. 11. Contractors shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs. Trim around poles, signs,park apparatus,tables and structures, etc. 12. Sweep or blow clean all sidewalks and/or concrete areas affected by work. 13. 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. Page 10 of 21 THE MOWING AND MAINTENANCE SCHEDULE FOR WESTSIDE COMMUNITY COMPLEX/SABINE PASS COMMUNITY CENTER/LION'S PARK Y Month Cut Grass Trim& Edge Weed All Shrubbery Landscaped areas (Not for Armory) January 1 time/month 1 time/month No Weeding No pruning February 1 time/month 1 time/month No Weeding No pruning March 2 time/month 2 time/month 1 time/month Prune&Trim April 1 time/week 1 time/week 1 time/month No pruning May 1 time/week 1 time/week 1 time/month No pruning June 1 time/week 1 time/week 1 time/month No pruning July 1 time/week 1 time/week 1 time/month Prune &Trim August 1 time/week 1 time/week 1 time/month No pruning September 1 time/week 1 time/week 1 time/month No pruning October 2 time/month 2 time/month 1 time/month No pruning November 1 time/month 1 time/month No Weeding No pruning December No Cuts No Cuts No Weeding No pruning Maintenance of the Sprinkler System at the West Side Community Complex and Sabine Pass Community Center: General checkup every two (2) months: 1. Adjusting nozzles, rotors &bubblers for proper coverage. 2. Check for leaks in system. 3. Check for valves that may be sticking. 4. Check filters in pop up sprayers. 5. Check control panels for proper times of watering, frayed wires,wasp nest, ants & overall condition. 6. Check to ensure that all heads & valve covers are at proper height to ensure that no damage will occur by mowing equipment. Every four(4) months: 1. Flush entire system manually at each valve. Page 11 of 21 2. Check each valve to ensure that it is working properly. 3. Inspect backflow device for leaks. 4. Generate a written report for each inspection performed& submit to Civic Center office. 5. All sprinkler heads & components of the sprinkler system will be replaced with original parts. 6. Any damages to the sprinkler system by contractor must be reported to Civic Center office and must be replaced at contractor's expense. 7. Trimming sod around heads. 8. Adjust head nozzles as needed. 9. Repairing/replacing solenoid valves as needed. 10. Replacement materials throughout the system shall be of the same make, model and size of existing system. 11. MUST be a licensed irrigator. I2. NO SUBCONTRACTORS Page 12 of 21 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Landscaping and Maintenance for the Westside Community Complex, Sabine Pass Community Center and Lions Park ,Rose Hill and The Armory BID DUE DATE: July 20,2016 Item # Description Price Per Cut Landscaping and Maintenance Westside Community Complex & 1. Rose Hill $ 35a0 V 1. Option A Spraying of Weeds $ 0 i VO 1. Option B Removal of Weeds $ Q i OD 2. Sabine Pass Park $ j5 ' n 3. Lion's Park $ 150,011 4. Armory $(3/35,0t MrMth Lt.d.u,aj Ira ,(9:c' J3 t 4: LI: -73 COMPANY NSTREET ADDRESS 0 1 1...e• SIGNA ' OF BIDDER P.O. BOX Llby4 e_.( ,,,,,T1,cn= i 44Lt-)-t resttoct PRINT OR TYPE NAME CITY STATE ZIP (1-t i 5(ib a-3v 9- Z!?7( (1-0o-74-mac-et( auyver- C ? --U5 li D$D5 TITLE AREA ODE TELEPHONE NO 6 I0J,C11r7.541'6.11bte.CM& EMAIL FAX NO. Page 13 of 21 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 developme t and submission of this bid proposal. 1 Signature: 4 .. Printed Name: Dil[C. 4114, r Title: b(1-0i•-kr Company: i' ch.t) 141: � Lrea --` f"d 4 e Date: SLU( 0 -1D l k SUBSCRIBED and sworn to before me the undersigned authority by We—, the 20' l:, in behalf of said bidder. e------- 4,5LC....---- i4L(...76y : .14":4'.... DARLENE C.OOUDEAtix Notary Public in and for the !`, ' Notary Puaii ;• State of Texas STATE OF TEXA • . kfy Comm.Expires 10-265-2017 My commission expires: Page 14 of 21 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: V7 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. 44) ie, Lfe.t axcr-rati20-5(24-1;ez- rbetb 14 qtay 01-1-9,Wiu Fir -Name Date c, (i, Adneri Autho ized Signature Title 11NT- & Li 1)',t1t Cray;. Lim lei-gitiZ e '1( CYC$ 13,?z 1)%tit ) 1 c.C.ll Name(please print) Telephone (IA)a\.,;,..i.,,,,,,,e..„-mk,,,,,,.,,,,,. Email STATE: T9..._“(..__5___ COUNTY:-S ,Q(`sbr- SUBSCRIBED AND SWORN to before me by the above named la p _ \ _�c:v on this the 20 day of-"SAT. , 20 a . i. .... \ i V i ' • -- :::',"!!!..S, DARLENE C.ooUDEAUX Notary Public : , .,...t. n •, •• 4 ) Notary + ,i„ STATE OF rF_y.AS : • N a,'`:,.`- l.*y Comm.Expires 10-26-2017 , • A '' . { I. 7 •r• • S PART OF THE BID PROPOSAL Page 15 of 21 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. 1491,80t 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. Al 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? _ 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. ►escribe each e e loyment or business relationship with the local government officer named in this section. 4. W. 9116. Si:natur.'.e person doing business with the governmental entity Date Page 16 of 21 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. Page 17 of 21 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 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.: Civic Center, 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. Page 18 of 21 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. 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 Page 19 of 21 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. 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. Page 20 of 21 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. 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. Page 21 of 21 Aug S,201b 8:55A5 AM Cd if- ' Fite Edit Commands p PR'at PITC SECTOR (�, � Q riaysl:ne —p� 97 v; O # 001-1061-519.31-00 3; Segmenn t/Beleue Demi!, �t ®Accountmiscellane Fund 001 GENERAL FLTD Original Budget 32,000.00 59 Budget miscellanei Department 10 GENERAL DOVE APE T Revised Budget .00 Encumbrances i Division 61 CIVIC CENTER Current expenditures 4,823.43 ®Pre-encumbrance; Activity basic 51 GENERAL GOVERNMENT VTO expenditures .00 ,_, M Transactions Sub activity 8 CIVIC CENTER Unposted expenditures. 17,454.39 RI Detail by date Element 31 LAND MAINTENANCE Encumbrances 567.81- Detail by code ', Object 00 Unposted encumbrances 7,669.21 -,' ® Detail byvear&C --- Pre-encumbrances .00 . FA Pending by date - Total Exp &Enc 29,399.22 91.9% 5 Pendingbe code: - Unencumbered balance 2,600.78 8.1 % ._i IS Pending by year i -- - bt Procurement car; l z... print 4 Cancel X Exit Previous COC_. Noelaccamt 2016 2017 1t Acr-asnt achy_ Pending trans... Images Ciudad elbca... ......