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HomeMy WebLinkAboutPR 19689: CONTRACTS FOR MOWING OF VARIOUS CITY PROPERTIES City of - ni-! i-thur Tex as INTEROFFICE MEMORANDUM UTILITY OPERATIONS DEPARTMENT-ADMINISTRATION Date: February 20,2017 To: Brian McDougal,City Manager From: Jimmie Johnson,Ph.D.,Director of Utility Operations RE: Proposed Resolution No. 19689 Nature of the Request: Contractors are used to maintain the grounds of the City's Parks and Right-of Ways. Approximately thirty (30) cuts per year Bids were advertised last year on December 18, 2016 and December 25, 2017. We received sixteen (16) responsive bids on January 11, 2017. This contract will terminate approximately 12 months from date of execution with the option to renew for 2 additional 1 year periods. Staff Analysis, Considerations: Existing staff will administer this contract and monitor the contractor's performance. Recommendation: I recommend that the City Council approve Proposed Resolution No. 19689 awarding South East Texas Lawn & Maintenance of Beaumont, Texas (Group 1), T & S Lawn Service of Port Arthur (Group 2), Derrick & Noah of Port Arthur, Texas (Group 3A), Long Claw Contractors, LLC of Seabrook, Texas (Groups 3B, 5,& 6),Amelia Lawn Care& Landscaping of Groves, Texas (Group 9), Eduardo T.O. Landscaping of Groves, Texas (Group 10), and Williams Transport of Lumberton, Texas(Groups 11 & 12)Bid Tab is Attached. Budget Considerations: Funds are budgeted and available in the Parks Department budget, Account No. 001-1207- 531.31-00 for an estimated amount of$131.790.00. P.R. No. 19689 02/20/2017 CEWJ Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE FIRST YEAR OF A CONTRACT WITH THE OPTION OF RENEWAL FOR TWO ADDITIONAL ONE-YEAR PERIODS BETWEEN THE CITY OF PORT ARTHUR AND SOUTH EAST TEXAS LAWN & MAINTENANCE OF BEAUMONT, TEXAS FOR GROUPS 1 & 9, T & S LAWN SERVICE OF PORT ARTHUR, TEXAS FOR GROUP 2, DERRICK & NOAH OF PORT ARTHUR, TEXAS FOR GROUP 3A, LONG CLAW CONTRACTORS, LLC OF SEABROOK, TEXAS FOR GROUPS 3B, 5, & 6, AMELIA LAWN CARE & LANDSCAPING OF GROVES, TEXAS FOR GROUP 9, EDUARDO T.O. LANDSCAPING OF GROVES, TEXAS FOR GROUPS 10, AND WILLIAMS TRANSPORT OF LUMBERTON, TEXAS FOR GROUPS 11 & 12 FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS, & RIGHT-OF-WAYS WITH AN ESTIMATED BUDGETARY IMPACT OF $131,790 PER YEAR . FUNDING IS AVAILABLE IN ACCOUNT 001-1207-531.31-00. WHEREAS, sixteen (16) bids were received and opened on January 11, 2017 for Mowing of Various City Properties and Right-of-Ways and have been evaluated by Parks Department and Purchasing, as shown in the bid tabulation attached as Exhibit "A"; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to execute on behalf of the City, one year contracts, with the option to renew for two additional one-year periods between the City of Port Arthur and South east Texas Lawn & Maintenance of Beaumont, Texas (Exhibit "B"), T&S Lawn Service of Port Arthur, Texas (Exhibit "C), Derrick & Noah Lawn Service of Port Arthur, Texas (Exhibit "D"), Long Claw Contractors, LLC of Sea Brook, Texas (Exhibit "E"), Amelia Lawn Care of Groves Texas (Exhibit "F"), Eduardo T.O. Landscaping of Groves, Texas ("G"), and Williams Transport of Lumberton, Texas ("H"); and, P.R. No. 19689 02/20/2017 CEWJ Page 2 of 2 THAT,the estimated number of cuts for the year is thirty; and, THAT, contract is for one year and is renewable for two additional one-year periods; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of , A.D. 2017 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: Noes: Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard alecia Tizeno r\--0 City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABLITY OF FUNDS: Brian McDo !al Rosie Vela City M. .ger / Interim Director of Finance - Jerry `'ith Clifton Williams Director of Park& Recreation Acting Purchasing Manager Exhibit "A" (Bid Tabulations) N a 0 O 0 O 0 0 00 N U Ln -0 O 0 u1 -0 O u1 -p -0 -O -0 ul L 00 O r- C N 0 N 7 lD m (0 M, u1 m V1 N m m m m O O ,__i. 0 - O ,-i 0 O O 0 ,--i 2 H Z z Z z Z Z 0 a U u* in vt vt Ars- v? ri S 0 0 0 0 0 0 0 N U -D -O O N- O -D O O -p O -O -0 u1 L u1 co .^ r -• C O lD V1 N � cu co M +'7 co C u1 co N co co lD O C 0 0 0 0 0 0 Z Z z Z Z Z 0 O U V? v'. to V} N v} tn. 4.4 U0 0 0 0 0 0 0 0 0 0 O .a O C 0 0 0 0 0 C 0 O O O C C C C O O O OJ O C 0 O 0 N u1 O co C O C 0 O R 0 O N lD C C C 0 0 0 u1 V C 2 - z Z Z W U v -Lit v} to to v1 N VT v> Vt • Q1 UO 0 Cr, 0 0 0 0 00 C O C o O a. O O 01 D1 u1 O O O] co m co co co O G C 0 0., 0 V C a O� 0 0 0 0 ,r ... Z Z Z Z z Z U in. If,- to v n -LIT -V-1- 0 0 0 0 0 0 0 0 0 0 0 4.0 c O 000000000 0 c ui ,- -o o 0 of vo ui o 0 0 o o C. i Nm OOCLrCN00C O O 0 lC 100 O CN- C N CC m0 P.. C + u z N ti ti r~ N z ,--i O U -Ln- ill N to N t, N N N N ill N '0 -0 a > o 0 0 0 0 0 0 O o v v v ro I U O o o O O O o o O a ` vi O O ° O vi u vi -° O u o o ro _ • p) 0 C O C C N- N N C C C C N 0 0 0 O O C. CT LOCO..;,, T-1". 1--1. '-1 Z Z Z Z `-- O O O _ 0 a VT N to to ill ill to to vt oA U N K N N X Y N m O o 0 0 0 0 o O o oo W '") WI U V1 u1 O T' Q1 -° Ni u1 -° -° O -° O N I- f0 ` a 0 N lC O m C C C O C C V1 C O G a C u1 m m 0 00 O C"D 0 ON OM 00 Ce C vi j h ''' `� '"� Z Z Z Z ' Z \-i v S 'y, ^ • U N N u1 to to N vT to Q H _� Q a. W c j 0 0 o C O 0 0 C H O frf U 0 0 00 00 000 Q u1 C O C C N u1 -° C u1 0 d a 0.1 d N m O m C 01 m O1 t\ m m 0 No O -a T a C. N 0 l0 0 00 O C u1 0 0 N C u1 a m •,-. 17 O ,-i z ,-1. z z z z ,-i. . o N Z C7 0 ✓1 vT VT vi. N N N V} E Z F• .O . 0 0 0 0 0 0 0 0 0 0 0 O N 6" O 0 0 0000 0 0 0 0 1.1 U Lr1 C O -p Q1 u1 u7 O -p u1 C O O 0 a. t. C N O Q1 LC 00 01 - 0000 `.- 7 0 0 0 u1 C 0 0 0 0n co u1 0 0 O O m O C. O O `-y r-i rrn to z z c LI N - O 3 U) to vti N to Vt vT to 1n N vt Vt Q O 0O 2 oO O C 0 o O O O C O O 0 O O C O O OG O ri U V1 O C -° 01 1.f1 0 O -0 u1 O -0 o roL a. L n'1 u1 N Q1 `--I N CO •- 1- e-i C 0) LLD LC N. C Lf1 m lC N- m C 2 0. 0 . 0 0 z Z z a s 0 C <. u? -,.n. vt N v? vt v? v/ ) v? 0 0 v T Q a s a, a 0 ate, 0 0 0 a, Cl) Cl) a ` 0 ,Y } > y y y y > > y } > r > 0 U u Q bQO -° C 7 , Y 7 ° 7 7 7 7 7 7 G T Cl) p V l7 -O .+ m23 t C t v at t ., a• C O z a CO ,-, d a a a a a a C O O1 C Z N V a) CuL. a) a -J i 2 v O 0 C 0 -A v 0 u U o -c+ c ct'l h • C 2 v 3 u O ° 3al 3 )n c v a _, c o C • 0 o ._,. C O •Ol C v, O 0 = �) , C m v CO �' C q U v C a a W o : .0 U v •.:,,,z, O O C F- O O 0 ,,f O O z h Oh a 0 N v "ZIP' p . " o v 3 0 E 3 c A y O 'n C „ O O .ti O O 4. 3 C co N C. a s -O.i .o Z U Q Ln z -) v° � � O1 O z N O C oa cu C y t \ on .c I"° W W30QL° ° x -9 � o3 � 3 BID TAB AWARD COST TABLE AMOUNT PER ESTIMATED ESTIMATED DESCRIPTION BIDDER ANNUAL CUT CUTS AMOUNT SOUTH EAST TEXAS LAWN GROUP 1 & MAINTENANCE $ 475.00 30 $ 14,250.00 GROUP 2 T&S LAWN SERVICE $ 400.00 30 $ 12,000.00 DERRICK &NOAH LAWN GROUP 3A SERVICE $ 500.00 30 $ 15,000.00 GROUP 3B LONG CLAW CONTRACTORS $ 605.00 30 $ 18,150.00 GROUP 5 LONG CLAW CONTRACTORS $ 625.00 30 $ 18,7500.00 GROUP 6 LONG CLAW CONTRACTORS $ 575.00 30 $ 17,250.00 GROUP 9 AMELIA LAWN CARE $ 419.00 30 $ 12,570.00 EDUARDO T. O. GROUP 10 LANDSCAPING $ 240.00 30 $ 7,200.00 GROUP 11 WILLIAMS TRANSPORT $ 175.00 30 $ 5,250.00 GROUP 12 WILLIAMS TRANSPORT $ 379.00 30 $ 11,370.00 ESTIMATED TOTAL $131,790 Exhibit "B" (Contract) CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 1 IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2017, 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 Anthony Young doing business as South East Texas Lawn & Maintenance hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein , OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one year period. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty days written notice. 2. The Contractor will perform mowing of properties and Rights—of—Way in Group 1 for $475.00 per cut 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 to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The Contractor will commence the work required by the Contract Documents on or before a date to be specified in the "Notice to Mow" and will mow the lots within seven days unless the period for completion is extended otherwise by the contract Documents. 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 8) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. 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 2017. OWNER: CITY OF PORT ARTHUR Brian McDougal, City Manager Signed on the day of 2017. CONTRACTOR: South East Texas Lawn & Maintenance Anthony Young CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444-4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 P. M., Wednesday,January 11,2017 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, January 11, 2017 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY DECEMBER 29 , 2016 AT 2:00 P.M., CITY HALL 5TH FLOOR COUNCIL CHAMBERS 444 4TH ST. , PORT ARTHUR, TEXAS The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams, CPPB Acting Purchasing Manager FIRST PUBLICATION: December 18, 2016 SECOND PUBLICATION: December 25,2016 (ITV OF PORT ARTHUR,TEXAS i 1, 1 nrt rthu ADDENDUM NO. ONE (1) January 3,2017 Bid Proposal for: Mowing of Various Properties, Parks and Rights of way 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: 1. All areas will be cut every 10 days, excluding Immigrant Park. Immigrant Park should be cut 20 days. Immigrant Park should be invoiced separately. 2. Spraying of Right-of-ways, Boulevards and Triangles will be done by Parks and Recreation Department. 3. If the City needs a contractor to spray, a proof of current license to spray must be provided to the Parks Department before work begins. 4. Cutting of all parks, properties and right—of-ways will be cut Monday—Friday only unless otherwise specified by Parks Department. 5. Contract terms on page 7 of 23: 1" Notice- A representative from the Parks and Recreation department will submit a certified letter stating the issues. 2°`' — Notice —A representative from the Parks and Recreation department will call contractor in for a meeting. 3`d Notice- will be a letter of termination of contract for cause. 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. i'141 a//Ai, Clifton Williams, CPPB Acting Purchasing Manager Signature of Bidder Date -1 CITY OF PORT ARTHUR,TEXAS t'-7) -s-- ADDENDUM NO. ONE (1) rthur January 3,2017 Bid Proposal for: Mowing of Various Properties, Parks and Rights of way 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: 1. All areas will be cut every 10 days, excluding Immigrant Park. Immigrant Park should be cut 20 days. Immigrant Park should be invoiced separately. 2. Spraying of Right-of-ways, Boulevards and Triangles will be done by Parks and Recreation Department. 3. If the City needs a contractor to spray, a proof of current license to spray must be provided to the Parks Department before work begins. 4. Cutting of all parks, properties and right-of-ways will be cut Monday-Friday only unless otherwise specified by Parks Department. 5. Contract terms on page 7 of 23: 1st Notice- A representative from the Parks and Recreation department will submit a certified letter stating the issues. 2°d - Notice -A representative from the Parks and Recreation department will call contractor in for a meeting. 3`d Notice-will be a letter of termination of contract for cause. 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 r ,/,04 Signature of Bide Date DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of - SHERRI BELLARD,TRMC CITY SECRETARY TIFFANY HAMILTON 1 MORRIS ALBRIGHT, J VAL TREND KEITH RICHARD 0 J't J't h tt r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI A k“1 CHARLOTTE MOSES KAPRINA RICHARDSON FRANK DECEMBER 20,2016 INVITATION TO BID Mowing of Various City Properties,Parks and Rights-of-Way DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 11, 2017. (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, January 11,2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P17-011 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 should be directed in writinu to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department f Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 1 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 23 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Mowing of Various City Properties, Parks and Rights-of-way is scheduled for Thursday December 29, 2016 at 2:00 P.M., City Hall 5th floor Council Chambers 444 4th street., Port Arthur, Texas 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 Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. It is highly recommended you attend the pre-bid meeting. Attendance is not mandatory. However, in the event that you misinterpret the specifications because of failure to attend the pre-bid meeting; the City will not be held responsible. Page 3 of 23 INVITATION TO BID MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 4 of 23 SPECIFICATIONS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR 1. SCOPE OF WORK 1.1 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. 2. WORK ASSIGNMENT 2.1 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. 3. MOWING SPECIFICATIONS 3.1 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. 3.2 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. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 The City will only accept mechanical trimming and edging.No chemical are to be used. 3.5 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. Page 5 of 23 3.6 Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. These areas are noted on bid schedule. See page ten (10). 3.7 Along some Rights-of-Way it should be noted that they are maintained by citizens in some areas. 4. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radius of three (3)feet. 4.2 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. 4.3 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. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes shall be maintained as requested by City's representative. (approximately two (2)times a year). 5.2 Contractor will be responsible for collecting and disposing of cuttings. 6. PAYMENT 6.1 The contractor will submit an invoice in the amount as stipulated on Bid schedule to the Parks and Recreation Department 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 constraints allowed. 7. EMERGENCY PLAN 7.1 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 Interim Director of Parks and Recreation, 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. Page 6 of 23 8. CONTRACT TERMINATION: 1st Notice—A representative from the Utility Operations department will submit a certified letter stating the issues. 2nd Notice-A representative from the Utility Operations department will call contractor in for a meeting. 3rd Notice will be a letter of termination of contract for cause. 9. CONTRACT PERIOD 9.1 This Contract will terminate approximately twelve (12) months from the date of execution with the option to renew two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. 9.2 The City reserves the right to award only one (1) area per contractor. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 10. PROJECTED AREAS GROUP 1 -North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade. Griffing to Tyrell E. Twin City Highway at 32nd Street F. Lombardy Rights—of—Way from 32nd Street to 9th Avenue (West Rights-of-Way)only GROUP 2- South Griffing Park A. Hermann Park B. Rosedale at Date Street C. Glenwood at Date Street D. Evergreen at Forest Drive E. Evergreen at Glenwood F. 9th Avenue at Evergreen G. Las Palmas Boulevard Esplanade from Griffing Drive to south end of blvd. H. Oaklawn Rights—of—Way to Dryden Road Page 7 of 23 GROUP 3 (A) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 1) A. 9th Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridges) B. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building C. Blackberry to Lake Arthur 9th Avenue- center esplanades at both sides (Shoulders at 45 angle corners) D. 9th Avenue Regional - cut esplanade in center at north side shoulder(45 all corners) GROUP 3 (B) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive(Section 2) A. Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides — South and North sides shoulders B. Babe Zaharias Park(Basketball and Tennis Courts)—3500 Jimmy Johnson(cut to ditch line) C. Turtle Creek Drive (Rights—of—Way and esplanade) Hwy 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Rights—of—Way and esplanade) Hwy 69 to Hwy 365 (North Mall Right - of- Ways South Mall Rights—of—Way) GROUP 5 A. Bryan Park— 1000 Gulfway Drive, including inside train area B. Roosevelt Park— 1900 Gulfway Drive, including along ditch area C. Hughen Park—2700 Lakeshore Drive D. Civic Park—220 Lakeshore Drive E. Flats on Lakeshore Drive F. Kramer G. Schuh Place H. Bledso I. Doumasha GROUP 6 -Port Acres/El Vista Areas A. Eagle Park B. El Vista Park Page 8 of 23 C. Lakeside Park D. Montrose Park E. Ray Park at Shirley and Ray GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. North side underpass @ Highways 73 & 347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 10 A. Medical Center Blvd from West Jimmy Johnson to Highway 365 B. West Jimmy Johnson to dead end GROUP 11 —Lakeside Addition-Rights—of—Way A. Cambridge B. Robin hood C. Salisbury D. Prospect E. Waverly GROUP 12 —Port Acres Addition — Rights—of—Way A. 62nd Street B. 63rd Street C. Easy and 62nd Street D. Diamond and 62nd Street E. Diamond and Russell F. Hazel and Russell G. 59th Street and Jade H. Silver and 63rd Street I. Hwy 73 and Jade(off H.O. Mills) J. 64th Street(2 right-of-ways at this location) K. 65th Street L. Dorsey M. 66th Street Rights—of—Way as designated—beginning at dead end of streets. NOTE: (A) Rights—of—Way to be cut every 10 days. (B) Rights—of—Way to be bush-hogged or equivalent. (C) Rights—of—Way do not require trimming Page 9 of 23 CITY OF PORT ARTHUR PARKS AND RECREATION "2017" Contractor Mowing Schedule* Month # of Cuts January 2017 NO CUTS February 2017 NO CUTS March 2017 Every 10 days April 2017 Every 10 days May 2017 Every 10 days June 2017 Every 10 days July 2017 Every 10 days August 2017 Every 10 days September 2017 Every 10 days October 2017 Every 10 days November 2017 Every 10 days December 2017 NO CUTS *PAYMENT REQUIREMENTS: 1. The Parks and Recreation Department office must be notified prior to, and immediately following cutting for payment processing. 2. In weeks in which inclement weather or other conditions preclude cutting, the Parks and Recreation Department is to be notified immediately. ALL VARIATIONS MUST BE PRE-APPROVED. 3. Failure to adhere to 1 and 2 above can result in non-payment. 4. Dates are subject to change and budget approval. AWARD Award will be based on information submitted on Pages 11 -14. Page 10 of 23 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 1 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11, 2017 ITEM DESCRIPTION PRICE PER CUT GROUP 1 —NORTH GRIFFING PARK Town Hall Park $ [75 Hollywood at 32nd Street $ G D Sunken Court Blvd Esplanade-Twin City to Lombardy $ 6 O Evergreen Blvd Esplanade-Griffing to Tyrell $ D Twin City Highway at 32nd Street $ GO Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. $ 6,0 ff CIO TOTAL GROUP 1 $ 535 ` q' CJ (A "Y" - GROUP 2- SOUTH GRIFFING PARK Hermann Park $ /25 Rosedale at Date Street $ cto Glenwood at Date Street $ Ito Evergreen at Forest Drive $ 9'D Evergreen at Glenwood $ 110 9th Avenue at Evergreen $ y D Las Palmas Blvd Esplanade from Griffing Drive to South End of Blvd. $ gp Oaklawn Rights-of-way to Dryden Road $ 3'0 TOTAL GROUP 2 $ y 65 GROUP 3 (A) -(Section 1) 9th Ave. Esplanade in center front of library to Stillwell Technical $ 3 1-1 ' Immigrant Park $ i 4 Blackberry to Lake Arthur 9th Avenue $ �y $ 9th Avenue Regional $ g.1-1 TOTAL GROUP 3 (A) $ 9 2 GROUP 3 (B) -(Section 2) Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides $ 3 y 9 Babe Zaharias Park $ 1 LI " Turtle Creek Drive $ 2y Central Mall Drive $ ?-9 TOTAL GROUP 3 (B) $ 19, J /i Si j ature of li.3 e Page 11 of 23 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 2 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11,2017 ITEM DESCRIPTION PRICE PER CUT Group 5 Bryan Park $ 12_5 Roosevelt Park $ (a5 Hughen Park $ j 5 Civic Park $ Flats on Lakeshore Drive $ j 25 Krammer $ 5 p Schuh Place $ a Bledsoe $ 50 Doumasha $ y 0 TOTAL GROUP 5 $ Group 6—Port Acres/E1 Vista Areas Eagle Park $ (?$ El Vista Park $ 1.2,5 Lakeside Park $ 126 Montrose Park $ ):? Ray Park at Shirley and Ray $ O TOTAL GROUP 6 $ 74 O Group 9 London Bridge Park $ SO North Side Underpass @ Hwy 73 & 347 $ lv.5 Cecil Reynolds Park $ j 5 0 TOTAL GROUP 9 $ Lt a5 Group 10 Medical Center Blvd from West Jimmy Johnson to Hwy 365 $ t 75 West Jimmy Johnson to dead end $ j 7 5 TOTAL GROUP 10 $ '35 Group 11—Lakeside Addition-Rights-of-Way Cambridge $ /Z.O Robin Hood $ 120 Salisbury $ / o Prospect $ I�o Waverly $ (2_0 TOTAL GROUP 11 $ 60o Signature of Bir Page 12 of 23 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 3 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group 12—Port Acres Addition—Rights-of-Way 62nd Street $ 140 63rd Street $ LW Easy and 62nd Street $ y D Diamond and 62nd Street $ 4 o Diamond and Russell $ 4p Hazel and Russell $ tj p 59th Street and Jade $ 0 Silver and 63rd Street $ 140 Hwy 73 and Jade (off H.O. Mills) $ 90 64th Street(2 right-of-ways at this location) $ y b 65th Street $ 4 o Dorsey $ £ o 66th Street $ t-kp TOTAL GROUP 12 $ 5644 & fkx 1.A604 at;nf. COMPANY NAME STREET ADDRESS a_22 72 SIGNATURE OIli/E1°"1-..6"--a P.O.BOX 44aiya�tK g unkort1L 7 777020 PRINT OR TIVE AMETE ZIP CITY STA tOs3ner (1 09) tft'P'- S2 J11 TITLE AREA CODE TELEPHONE NO K.}(d tA-n efxmak; 1,60m (4069 g/3 EMAIL FAX NO. Page 13 of 23 Equipment List Equipment Qty Size of Cutting Deck Bush Hog ak/C Zero Turn or Riding Mower Lerti r mok: �s Weedeater N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw N/A Blower 6'1 N/A Edger N/A Number of Employees O -� o 7/7 Signature of Rpbser / Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 14 of 23 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: ( / Printed Name: 4,,,./ ./-----j � 012,9 C3 X Title: OcvH e.r Company: J �/ 5L/-4 ,s f 2::„e4 `4/e4 5 Lawm ;.19, ,g.a ce LL.G Date: / %/1 /17 SUBSCRIBED and sworn to before me by the above named . 't.i YOU (\Son this the i I day of .k.,At,ttx-t f , 20 \1 . Irl a yPublic in an, or the 1--- ;0------------ALFARO tState of Texas 1oP1e% Notary Public,State OfTexast OD f03 j20 /0 1 r /V;y Comm.Expires 02-03-2018 t My commission expires: I f , �i:Q My Notary ID#12969764-8 Z Page 15 of 23 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: 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 as Bement for the 'payment of said debts. I further agree to pay succeeding debts as they become due. /: L,v1-1 mss/ 7;YGS 6—Lewin -711-4 4 /fin i4 / /ii Firm Name Date Authorized gn ture Title /'/i'7 an/ auti ( c4) % - 8.2 Ili Name (p1eae p int) Telephone GLyot ,$ 711( ee5kfA c0P-A Email STATE: " 0.5 COUNTY: SUBSCRIBED AND SWORN to before me by the above named f\i'kk-fl ?/0 C' '19 on this the ` day of J ° v`LF-(, 20 t 1 • Catiei No ', Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL JOANNAALFARO i t a ate- Notary Public:State Of Texas/ ;ivy Comm.Expires 02-03-2018 "eorIv' My Notary ID#12969764-8 Page 16 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. .J Name of vendor who has a business relationship with local governmental entity. A) 7/9 Jn I 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 the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer ,l Describe each employment or other business re ationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). •Iso describe any family - . ionship with the local government officer. Complete subparts A and B for each employment • business relatio hip•escr •ed. Attach additional pages to this Form CIQ as necessary. 1 A. I: the •cal governmenofficer or a fa ily member of the •ficer -ceiving or likely to receive taxable income, oth r than in estment inco e, from the v- dor? Yes N.' B. • the vendor re.eiving o likely to receive taxable income,o e than investme income,from or at the direction of • local govern -nt offi•-r or a family m•mber of the office A D the taxable income is not received from the loc: governmental e tity? Y: No 1.1 Describe each e vloyment or business elationship that,he vendor named in Section 1 maintains with a corporation or other business el tity with respect to which the local government officer serves as an officer or director, or holds an ownership interes of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doi usi ss with a overnmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 • CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-al:"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local govemment officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local govemmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state tx.us Revised 11/30/2015 Page 18 of 23 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY; "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 19 of 23 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.: Parks and Recreation, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 20 of 23 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 21 of 23 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 listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. Page 22 of 23 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 23 of 23 Exhibit "C" (Contract) CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 2 IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2017, 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 Nathan Rodgers doing business as T & S Lawn Service hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein , OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one year period. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty days written notice. 2. The Contractor will perform mowing of properties and Rights—of—Way in Group 2 for $400.00 per cut 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 to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The Contractor will commence the work required by the Contract Documents on or before a date to be specified in the "Notice to Mow" and will mow the lots within seven days unless the period for completion is extended otherwise by the contract Documents. 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 8) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. 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 2017. OWNER: CITY OF PORT ARTHUR Brian McDougal, City Manager Signed on the day of 2017. CONTRACTOR: T & S Lawn Service Nathan Young LITY OF PORT ARTHUR,TEXAS ort rthur :.— ADDENDUM NO. ONE (1) January 3, 2017 Bid Proposal for: Mowing of Various Properties, Parks and Rights of way 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: 1. All areas will be cut every 10 days, excluding Immigrant Park. Immigrant Park should be cut 20 days. Immigrant Park should be invoiced separately. 2. Spraying of Right-of-ways, Boulevards and Triangles will be done by Parks and Recreation Department. 3. If the City needs a contractor to spray, a proof of current Iicense to spray must be provided to the Parks Department before work begins. 4. Cutting of all parks, properties and right—of-ways will be cut Monday—Friday only unless otherwise specified by Parks Department. 5. Contract teens on page 7 of 23: la Notice- A representative from the Parks and Recreation department will submit a certified letter stating the issues. 2°d Notice —A representative from the Parks and Recreation department will call contractor in for a meeting. ri Notice- will be a letter of termination of contract for cause. 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. f�i l4. Clifton Williams, CPPB Acting Purchasing Manager CIS .0YL *Mk 7 Signature of Bidder i Date DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRIBE SECRETRMC TARY TIFFANY HAMILTON 41 MORRIS ALBRIGHT,III c VAL TIZENO KEITH RICHARD �>>•t �•f Jt t� CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI 7e CHARLOTTE MOSES KAPRINA RICHARDSON FRANK DECEMBER 20,2016 INVITATION TO BID Mowing of Various City Properties, Parks and Rights-of-Way DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 11, 2017. (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, January 11, 2017 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-011 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 should be directed in wr-itin'to: City of Port Arthur,TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur,TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS 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 23 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Mowing of Various City Properties, Parks and Rights-of-way is scheduled for Thursday December 29, 2016 at 2:00 P.M., City Hall 5th floor Council Chambers 444 4th street., Port Arthur,Texas 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 Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. It is highly recommended you attend the pre-bid meeting. Attendance is not mandatory. However, in the event that you misinterpret the specifications because of failure to attend the pre-bid meeting; the City will not be held responsible. Page 3 of 23 INVITATION TO BID MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 23 SPECIFICATIONS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR 1. SCOPE OF WORK 1.1 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. 2. WORK ASSIGNMENT 2.1 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. 3. MOWING SPECIFICATIONS 3.1 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. 3.2 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. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 The City will only accept mechanical trimming and edging.No chemical are to be used. 3.5 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. Page 5 of 23 3.6 Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. These areas are noted on bid schedule. See page ten(10). 3.7 Along some Rights-of-Way it should be noted that they are maintained by citizens in some areas. 4. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radius of three (3) feet. 4.2 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. 4.3 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. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes shall be maintained as requested by City's representative. (approximately two (2)times a year). 5.2 Contractor will be responsible for collecting and disposing of cuttings. 6. PAYMENT 6.1 The contractor will submit an invoice in the amount as stipulated on Bid schedule to the Parks and Recreation Department 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 constraints allowed. 7. EMERGENCY PLAN 7.1 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 Interim Director of Parks and Recreation, 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. Page 6 of 23 8. CONTRACT TERMINATION: 1st Notice—A representative from the Utility Operations department will submit a certified letter stating the issues. 2"d Notice-A representative from the Utility Operations department will call contractor in for a meeting. 3rd Notice will be a letter of termination of contract for cause. 9. CONTRACT PERIOD 9.1 This Contract will terminate approximately twelve (12) months from the date of execution with the option to renew two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. 9.2 The City reserves the right to award only one (1) area per contractor. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 10. PROJECTED AREAS GROUP 1-North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade. Griffing to Tyrell E. Twin City Highway at 32nd Street F. Lombardy Rights—of—Way from 32nd Street to 9th Avenue (West Rights-of-Way) only GROUP 2- South Griffing Park A. Hermann Park B. Rosedale at Date Street C. Glenwood at Date Street D. Evergreen at Forest Drive E. Evergreen at Glenwood F. 9th Avenue at Evergreen G. Las Palmas Boulevard Esplanade from Griffing Drive to south end of blvd. H. Oaklawn Rights—of—Way to Dryden Road Page 7 of 23 GROUP 3 (A) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive(Section 1) A. 9th Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridges) B. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building C. Blackberry to Lake Arthur 9th Avenue- center esplanades at both sides (Shoulders at 45 angle corners) D. 9th Avenue Regional - cut esplanade in center at north side shoulder(45 all corners) GROUP 3 (B) - 96 Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive(Section 2) A. Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides — South and North sides shoulders B. Babe Zaharias Park(Basketball and Tennis Courts)—3500 Jimmy Johnson(cut to ditch line) C. Turtle Creek Drive (Rights—of—Way and esplanade) Hwy 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Rights—of—Way and esplanade) Hwy 69 to Hwy 365 (North Mall Right - of-Ways South Mall Rights—of—Way) GROUP 5 A. Bryan Park— 1000 Gulfway Drive, including inside train area B. Roosevelt Park— 1900 Gulfway Drive, including along ditch area C. Hughen Park—2700 Lakeshore Drive D. Civic Park—220 Lakeshore Drive E. Flats on Lakeshore Drive F. Kramer G. Schuh Place H. Bledso I. Doumasha GROUP 6 -Port Acres/El Vista Areas A. Eagle Park B. El Vista Park Page 8 of 23 C. Lakeside Park D. Montrose Park E. Ray Park at Shirley and Ray GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. North side underpass @ Highways 73 & 347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 10 A. Medical Center Blvd from West Jimmy Johnson to Highway 365 B. West Jimmy Johnson to dead end GROUP 11 —Lakeside Addition-Rights—of—Way A. Cambridge B. Robin hood C. Salisbury D. Prospect E. Waverly GROUP 12 —Port Acres Addition — Rights—of—Way A. 62nd Street B. 63`d Street C. Easy and 62nd Street D. Diamond and 62nd Street E. Diamond and Russell F. Hazel and Russell G. 59th Street and Jade H. Silver and 63`d Street I. Hwy 73 and Jade (off H.O. Mills) J. 64th Street(2 right-of-ways at this location) K. 65th Street L. Dorsey M. 66th Street Rights—of—Way as designated—beginning at dead end of streets. NOTE: (A)Rights—of—Way to be cut every 10 days. (B) Rights—of—Way to be bush-hogged or equivalent. (C) Rights—of—Way do not require trimming Page 9 of 23 CITY OF PORT ARTHUR PARKS AND RECREATION "2017" Contractor Mowing Schedule* Month # of Cuts January 2017 NO CUTS February 2017 NO CUTS March 2017 Every 10 days April 2017 Every 10 days May 2017 Every 10 days June 2017 Every 10 days July 2017 Every 10 days August 2017 Every 10 days September 2017 Every 10 days October 2017 Every 10 days November 2017 Every 10 days December 2017 NO CUTS *PAYMENT REQUIREMENTS: 1. The Parks and Recreation Department office must be notified prior to, and immediately following cutting for payment processing. 2. In weeks in which inclement weather or other conditions preclude cutting, the Parks and Recreation Department is to be notified immediately. ALL VARIATIONS MUST BE PRE-APPROVED. 3. Failure to adhere to 1 and 2 above can result in non-payment. 4. Dates are subject to change and budget approval. AWARD Award will be based on information submitted on Pages 11 -14. Page 10 of 23 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 1 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11,2017 ITEM DESCRIPTION PRICE PER CUT GROUP 1 —NORTH GRIFFING PARK Town Hall Park $ Hollywood at 32nd Street $ Sunken Court Blvd Esplanade-Twin City to Lombardy $ Evergreen Blvd Esplanade-Griffing to Tyrell $ Twin City Highway at 32nd Street $ Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. $ TOTAL GROUP 1 $ GROUP 2- SOUTH GRIFFING PARK Hermann Park $ Rosedale at Date Street 2_DO•o� Glenwood at Date Street $ $ ✓o Evergreen at Forest Drive $ /fly 3 0 Evergreen at Glenwood 9th Avenue at Evergreen / Las Palmas Blvd Esplanade from Griffing Drive to South End of Blvd. $ o 0 Oaklawn Rights-of-way to Dryden Road $ �' j4 TOTAL GROUP 2 $ 41'(70, g-O GROUP 3 (A) - (Section 1) 9th Ave. Esplanade in center front of library to Stillwell Technical $ 7_6, " Immigrant Park $ v Blackberry to Lake Arthur 9th Avenuet 9th Avenue Regional $ S tt 0 o TOTAL GROUP 3 (A) $ /0-123 o GROUP 3 (B) - (Section 2) Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides $ Babe Zaharias Park $ Turtle Creek Drive $ Central Mall Drive $ TOTAL GROUP 3 (B) $ 77/4Y/07t— Bidder of Si nature g Page 11 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group Bryan Park $ Roosevelt Park $ Hughen Park $ Civic Park $ Flats on Lakeshore Drive $ Krammer $ Schuh Place $ Bledsoe $ Doumasha $ TOTAL GROUPS $ Group 6—Port Acres/El Vista Areas Eagle Park $ El Vista Park $ Lakeside Park $ Montrose Park $ Ray Park at Shirley and Ray $ TOTAL GROUP 6 $ Group 9 London Bridge Park $ North Side Underpass @ Hwy 73 & 347 $ Cecil Reynolds Park $ TOTAL GROUP 9 Group 10 Medical Center Blvd from West Jimmy Johnson to Hwy 365 $ 0 , o d West Jimmy Johnson to dead end $ V 0, s ° TOTAL GROUP 10 $ ,y y o , a Group 11 —Lakeside Addition-Rights-of-Way Cambridge $ Robin Hood $ Salisbury $ Prospect $ Waverly $ TOTAL GROUP 11 $ Signature of Bidder Page 12 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 3 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group 12-Port Acres Addition -Rights-of-Way 62nd Street $ 63rd Street $ Easy and 62nd Street $ Diamond and 62nd Street $ Diamond and Russell $ Hazel and Russell $ 59th Street and Jade $ Silver and 63rd Street $ Hwy 73 and Jade(off H.O. Mills) $ 64th Street(2 right-of-ways at this location) $ 65th Street $ Dorsey $ 66th Street $ TOTAL GROUP 12 $ 7;-`S AW,t/ Vie.- //// Sr COMPANY NAME STREET ADDRESS • SIGNATURE OF B Ii SER P.O. BOX £q7w1u2 / g Tx 9961/0 PRINT OR TYPE NAME CITY STATE ZIP 4'0 1/33 -x/913 TITLE AREA CODE TELEPHONE NO EMAIL FAX NO. Page 13 of 23 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower 4/99 yc/ eye/ co l � � Weedeater � N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw 02. N/A Blower ,3 N/A Edger N/A Number of Employees S %O 6 7Zt-Zrtot J Signature of Proposer Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 14 of 23 CITY OF PORT ARTHUR, TEXAS 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: dr d- Printed Name: , L I • #G' Title: /t17/4 Company: 7 -S Date: �['`'/� 317/:=, SUBSCRIBED and sworn to before me by the above named lvGNaw ©F,r s on this the ( 1 h day of -au ,.r .7 , 20 i . Notary Pu is in and for the 440BERLY RENON State of Texas ILI MY W121,2017 ' -1.:r My commission expires: jor� � f�()D1 7 Page 15 of 23 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: A/geI 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. Firm Name Date Authorized Signature Title 77gdy1C- N / Name(please print) Telephone X//9 7-/-411,0 / � S zro 9 - /133-'0(3 Email N Ca'Ilk-A.N m r yoho0.Cio ri STATE: J f_Xn; COUNTY: Q. rsoN) SUBSCRIBED AND SWORN to before me by the above named IJtk Niqo s 'r5 on this the ( ' day of a.iu,t io r 1 , 20 17 . Notary Pu rc RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL I MY 4/:. 1111, KIMBERLY REDMON �1^( I My Commailon Expires April 21,2017 91.�C-� Page 16 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. ?I (� I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ' I completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer I Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIG as necessary. // 4 A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing busi ss with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 • CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm,For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 23 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 19 of 23 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.: Parks and Recreation,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 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 20 of 23 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 21 of 23 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 listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 22 of 23 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 23 of 23 Exhibit "D" (Contract) CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY IN GROUP 3A IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2017, 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 Derrick Jackson doing business as Derrick& Noah Lawn Service hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein , OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one year period. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty days written notice. 2. The Contractor will perform mowing of properties and Rights—of—Way in Group 3A for $500.00 per cut 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 to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The Contractor will commence the work required by the Contract Documents on or before a date to be specified in the"Notice to Mow" and will mow the lots within seven days unless the period for completion is extended otherwise by the contract Documents. 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 8) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. 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 2017. OWNER: CITY OF PORT ARTHUR Brian McDougal, City Manager Signed on the day of 2017. CONTRACTOR: Derrick& Noah Lawn Service Derrick Jackson CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444-4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 P. M., Wednesday, January 11,2017 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, January 11, 2017 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY DECEMBER 29 , 2016 AT 2:00 P.M., CITY HALL 5TH FLOOR COUNCIL CHAMBERS 444 4TH ST. , PORT ARTHUR, TEXAS The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams, CPPB Acting Purchasing Manager FIRST PUBLICATION: December 18,2016 SECOND PUBLICATION: December 25,2016 t-ITY OF PORT ARTHUR, TEXAS ADDENDUM NO. ONE (1) ort rthur January 3, 2017 Bid Proposal for: Mowing of Various Properties, Parks and Rights of way 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: 1. All areas will be cut every 10 days, excluding Immigrant Park. Immigrant Park should be cut 20 days. Immigrant Park should be invoiced separately. 2. Spraying of Right-of-ways, Boulevards and Triangles will be done by Parks and Recreation Department. 3. If the City needs a contractor to spray, a proof of current license to spray must be provided to the Parks Department before work begins. 4. Cutting of all parks, properties and right—of-ways will be cut Monday—Friday only unless otherwise specified by Parks Department. 5. Contract terms on page 7 of 23: 1g Notice- A representative from the Parks and Recreation department will submit a certified letter stating the issues. 2nd — Notice —A representative from the Parks and Recreation department will call contractor in for a meeting. 3`a Notice- will be a letter of termination of contract for cause. 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. .*,/e4/ Clifton Williams, CPPB Acting Purchasing Manager atiti /-6 2o/ 7 Signature of idder Date DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC �Q 41 CITY SECRETARY TIFFANY HAMILTON 41&MORRIS ALBRIGHT,III C1 VAL TIZENO KEITH RICHARD o r t rt h t CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Tr'ri CHARLOTTE MOSES KAPRINA RICHARDSON FRANK DECEMBER 20, 2016 INVITATION TO BID Mowing of Various City Properties, Parks and Rights-of-Way DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 11, 2017. (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, January 11,2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-011 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 should be directed in writin;;to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux(2 portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 (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 23 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Mowing of Various City Properties, Parks and Rights-of-way is scheduled for Thursday December 29, 2016 at 2:00 P.M., City Hall 5th floor Council Chambers 444 4th street., Port Arthur,Texas 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 Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. It is highly recommended you attend the pre-bid meeting. Attendance is not mandatory. However, in the event that you misinterpret the specifications because of failure to attend the pre-bid meeting; the City will not be held responsible. Page 3 of 23 INVITATION TO BID MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 23 SPECIFICATIONS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR 1. SCOPE OF WORK 1.1 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. 2. WORK ASSIGNMENT 2.1 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. 3. MOWING SPECIFICATIONS 3.1 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. 3.2 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. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 The City will only accept mechanical trimming and edging.No chemical are to be used. 3.5 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. Page 5 of 23 3.6 Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. These areas are noted on bid schedule. See page ten(10). 3.7 Along some Rights-of-Way it should be noted that they are maintained by citizens in some areas. 4. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radius of three (3)feet. 4.2 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. 4.3 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. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes shall be maintained as requested by City's representative. (approximately two (2)times a year). 5.2 Contractor will be responsible for collecting and disposing of cuttings. 6. PAYMENT 6.1 The contractor will submit an invoice in the amount as stipulated on Bid schedule to the Parks and Recreation Department 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 constraints allowed. 7. EMERGENCY PLAN 7.1 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 Interim Director of Parks and Recreation, 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. Page 6 of 23 8. CONTRACT TERMINATION: 1st Notice—A representative from the Utility Operations department will submit a certified letter stating the issues. 2°d Notice-A representative from the Utility Operations department will call contractor in for a meeting. 3rd Notice will be a letter of termination of contract for cause. 9. CONTRACT PERIOD 9.1 This Contract will terminate approximately twelve (12) months from the date of execution with the option to renew two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30)days written notice. 9.2 The City reserves the right to award only one (1) area per contractor. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 10. PROJECTED AREAS GROUP 1 -North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade. Griffing to Tyrell E. Twin City Highway at 32nd Street F. Lombardy Rights—of—Way from 32nd Street to 9th Avenue (West Rights-of-Way) only GROUP 2- South Griffing Park A. Hermann Park B. Rosedale at Date Street C. Glenwood at Date Street D. Evergreen at Forest Drive E. Evergreen at Glenwood F. 9th Avenue at Evergreen G. Las Palmas Boulevard Esplanade from Griffing Drive to south end of blvd. H. Oaklawn Rights—of—Way to Dryden Road Page 7 of 23 • GROUP 3 (A) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive(Section 1) A. 9th Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridges) B. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building C. Blackberry to Lake Arthur 9th Avenue- center esplanades at both sides (Shoulders at 45 angle corners) D. 9th Avenue Regional - cut esplanade in center at north side shoulder(45 all corners) GROUP 3 (B) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 2) A. Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides — South and North sides shoulders B. Babe Zaharias Park(Basketball and Tennis Courts)—3500 Jimmy Johnson (cut to ditch line) C. Turtle Creek Drive (Rights—of—Way and esplanade) Hwy 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Rights—of—Way and esplanade) Hwy 69 to Hwy 365 (North Mall Right - of- Ways South Mall Rights—of—Way) GROUP S A. Bryan Park— 1000 Gulfway Drive, including inside train area B. Roosevelt Park— 1900 Gulfway Drive, including along ditch area C. Hughen Park—2700 Lakeshore Drive D. Civic Park—220 Lakeshore Drive E. Flats on Lakeshore Drive F. Kramer G. Schuh Place H. Bledso I. Doumasha GROUP 6 -Port Acres/El Vista Areas A. Eagle Park B. El Vista Park Page 8 of 23 CITY OF PORT ARTHUR PARKS AND RECREATION "2017" Contractor Mowing Schedule* Month # of Cuts January 2017 NO CUTS February 2017 NO CUTS March 2017 Every 10 days April 2017 Every 10 days May 2017 Every 10 days June 2017 Every 10 days July 2017 Every 10 days August 2017 Every 10 days September 2017 Every 10 days October 2017 Every 10 days November 2017 Every 10 days December 2017 NO CUTS *PAYMENT REQUIREMENTS: 1. The Parks and Recreation Department office must be notified prior to, and immediately following cutting for payment processing. 2. In weeks in which inclement weather or other conditions preclude cutting, the Parks and Recreation Department is to be notified immediately. ALL VARIATIONS MUST BE PRE-APPROVED. 3. Failure to adhere to 1 and 2 above can result in non-payment. 4. Dates are subject to change and budget approval. AWARD Award will be based on information submitted on Pages 11 -14. Page 10 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 1 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11,2017 ITEM DESCRIPTION PRICE PER CUT GROUP 1 —NORTH GRIFFING PARK Town Hall Park $ °O Hollywood at 32nd Street $ / yo . o 0 Sunken Court Blvd Esplanade-Twin City to Lombardy $ 1 co 'a a Evergreen Blvd Esplanade-Grilling to Tyrell $ / (40 0 Twin City Highway at 32"d Street $ /4/0 ' o v Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. $ ,, c/a TOTAL GROUP 1 $ 1 ,40 . ° D GROUP 2- SOUTH GRIFFING PARK Hermann Park $ /92c b a Rosedale at Date Street $ L Glenwood at Date Street $ /a� o Evergreen at Forest Drive $ /RS ' °° Evergreen at Glenwood $ /025— o 9th Avenue at Evergreen _$ /� c - a Las Palmas Blvd Esplanade from Griffing Drive to South End of Blvd. $ /a - a o Oaklawn Rights-of-way to Dryden Road $ /42 C TOTAL GROUP 2 $/o d o .0 a GROUP 3 (A) - (Section 1) 9th Ave. Esplanade in center front of library to Stillwell Technical $ 1,02c o Immigrant Park $ !oZ . o O Blackberry to Lake Arthur 9th Avenue $ l a S" " o D 9th Avenue Regional $ /.25— 0 0 TOTAL GROUP 3 (A) S coo ' GROUP 3 (B) -(Section 2) Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides $ 0200 Babe Zaharias Park $ a 6 D Turtle Creek Drive $ apo Central Mall Drive $ a 60 TOTAL GROUP 3 (B) $ b0 ' o a 140 Signature of Bi,/Lr Page 11 of 23 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 2 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group Bryan Park $ la$" ' o a Roosevelt Park $ 1.2S Hughen Park $ )62r. 00 Civic Park $ /,Z$ o Flats on Lakeshore Drive $ !as _ Ug Krammer $ /a$- b Schuh Place $ Ac. ° ° Bledsoe $ 102 S, o v Doumasha $ )a Oa TOTAL GROUPS S //a Group 6— Port Acres/El Vista Areas Eagle Park $ ao0• oa El Vista Park $ aOo ' " Lakeside Park $ d00 • 1 a Montrose Park $ .100 . 0 0 Ray Park at Shirley and Ray $ aDd ° TOTAL GROUP 6 $ /Doo ' ° a I Group 9 London Bridge Park $ AO '°D North Side Underpass @ Hwy 73 & 347 $ J5 ' o Cecil Reynolds Park $ / S a ' ' 77 TOTAL GROUP 9 $ Lj Sa' o Group 10 Medical Center Blvd from West Jimmy Johnson to Hwy 365 $ 0200 ° ° West Jimmy Johnson to dead end $ 000 a a TOTAL GROUP 10 S Group 11 —Lakeside Addition-Rights-of-Way Cambridge $ /a‘, °° Robin Hood $ lar, °D Salisbury $ as Prospect $ /426-, o 15 Waverly $ /a " a TOTAL GROUP 11 S \fr Signature of Bidder Page 12 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 3 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group 12—Port Acres Addition—Rights-of-Way 62" Street $ 5" C 63r4 Street $ /a c 00 Easy and 62nd Street $ /a o Diamond and 62nd Street $ /a c ' ° ° Diamond and Russell $ 1,R s o 0 Hazel and Russell $ la S, oz) 59th Street and Jade $ Jac. °a Silver and 63`d Street $ /a5 06 Hwy 73 and Jade(off H.O. Mills) $ L2C_ " 64th Street(2 right-of-ways at this location) $ 65th Street $ Dorsey $ 123-. ''o 66th Street $ i a o a TOTAL GROUP 12 S /6.2S, 00 b2ul`k- s /1)756,A LAkho e, 31c a 4,111 14 04_ COMPANY NAME STREET ADDRESS N R SIGNAT RE OF BIDDER P.O. BOX J�zzic_L s, so„J 'io2J4iiL -12--)z,_-,s 774'IL PRINT OR TYPE NAME CITY STATE ZIP 6ul n '10 7'i 73 7 7 TITLE AREA CODE TELEPHONE NO D 1��� � R� (7 q/ .cz,. N EMAIL v FAX NO. Equipment List Page 13 of 23 Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower 61 Weedeater N/A Hedge Trimmers / N/A Walk Behind / N/A Chainsaw N/A Blower , N/A Edger I N/A Number of Employees 3 Jc2O17 Signature of Proposer Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 14 of 23 CITY OF PORT ARTHUR, TEXAS 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: 0 ' /(,,/ Printed Name: D_er►`e.- S hr-i4so,a) Title: Company: Q,eiGk- s, itio,,1, Ago)A Beath coS Date: SUBSCBED and sworn to before me by the above amed e I t i l fkr :n on this the 6 day of Com-- , 20 0 . / iA ,i ,, Jr Notary P a c in and for the State of = as My commission expires: J i liz /2,4 7 /r � I�(\ri TEoF NOTARY ID 12549219-9 11 Page 15 of 23 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: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay su eeding 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. De_12,kick. s No ah 1-6 - 2017 Firm Name Date Ocdnr.� Authorize Signature Title ]D, .0 2ir.k Tflckso,.i ''(fl C1 7/q 5,377 Name (please print) Telephone D2Eck Paso 0/4 9inci.i( . CA Email STATE: /exp.-S COUNTY: , F4'et,sar' SUBSCRIBED AND SWORN to before me by the above named e_r i t c.tCO— c-(654/1 on this the r _ da o 11/ - , 20/4 . s Y• F;� BETTY R BUN I , , SLA__,„7-a-- c�`��`; NCT!,�iY PUBLIC STATE OF TEXAS 4 My'COMM.EXP.11/12/2017 Notary P; .c '4'of ri P OTAAY ID 12549219-9 V RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Jn I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I I completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer LI Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes - No B. Is the vendor receiving or likely to receive taxable income, other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes - No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. riCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J ni4A.J 1– o7 -1 Signature of vendor d ' g business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Cods§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local govemmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 23 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 19 of 23 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.: Parks and Recreation, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 20 of 23 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 21 of 23 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 listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. Page 22 of 23 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 23 of 23 Exhibit "E" (Contract) CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 3B, 5, & 6 IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2017, 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 David Davis doing business as Long Claw Contractors,LLC hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein , OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one year period. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty days written notice. 2. The Contractor will perform mowing of properties and Rights—of—Way for the following as stated in the Contract Documents. Group 3B for $605.00 per cut Group 5 for $625.00 per cut Group 6 for $575.00 per cut 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 to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The Contractor will commence the work required by the Contract Documents on or before a date to be specified in the "Notice to Mow"and will mow the lots within seven days unless the period for completion is extended otherwise by the contract Documents. 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 8) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. 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 2017. OWNER: CITY OF PORT ARTHUR Brian McDougal, City Manager Signed on the day of 2017. CONTRACTOR: LONG CLAW CONTRACTORS, LLC David Davis CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444-4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 P. M., Wednesday,January 11,2017 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, January 11, 2017 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY DECEMBER 29 , 2016 AT 2:00 P.M., CITY HALL 5TH FLOOR COUNCIL CHAMBERS 444 4TH ST. ,PORT ARTHUR, TEXAS The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams, CPPB Acting Purchasing Manager FIRST PUBLICATION: December 18,2016 SECOND PUBLICATION: December 25,2016 c;n„1 CITY OF PORT ARTHUR,TEXAS *Part rthur"''"` ADDENDUM NO. ONE (1) Te at, January 3, 2017 Bid Proposal for: Mowing of Various Properties, Parks and Rights of way 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: 1. All areas will be cut every 10 days, excluding Immigrant Park. Immigrant Park should be cut 20 days. Immigrant Park should be invoiced separately. 2. Spraying of Right-of-ways, Boulevards and Triangles will be done by Parks and Recreation Department. 3. If the City needs a contractor to spray, a proof of current license to spray must be provided to the Parks Department before work begins. 4. Cutting of all parks, properties and right—of-ways will be cut Monday—Friday only unless otherwise specified by Parks Department. 5. Contract terms on page 7 of 23: 1st Notice- A representative from the Parks and Recreation department will submit a certified letter stating the issues. 2°d — Notice —A representative from the Parks and Recreation department will call contractor in for a meeting. 3`"Notice- will be a letter of termination of contract for cause. 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. 01/14)u((/j UST ei; Clifton Williams, CPPB Act-.: Pure ,g Manager I � ature o adder Dat, DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of \ SHERRI BELLARD,TRMC CITY SECRETARY TIFFANY HAMILTON 1 MORRIS ALBRIGHT,III c VAL TIZENO KEITH RICHARD ort r t h u r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI it , CHARLOTTE MOSES KAPRINA RICHARDSON FRANK DECEMBER 20,2016 INVITATION TO BID Mowing of Various City Properties,Parks and Rights-of-Way DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 11, 2017. (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, January 11, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P17-011 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 should be directed in writing to: City of Port Arthur,TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 1 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 23 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Mowing of Various City Properties, Parks and Rights-of-way is scheduled for Thursday December 29, 2016 at 2:00 P.M., City Hall 5th floor Council Chambers 444 4th street., Port Arthur, Texas 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 Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. It is highly recommended you attend the pre-bid meeting. Attendance is not mandatory. However, in the event that you misinterpret the specifications because of failure to attend the pre-bid meeting; the City will not be held responsible. Page 3 of 23 INVITATION TO BID MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 23 SPECIFICATIONS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR 1. SCOPE OF WORK 1.1 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. 2. WORK ASSIGNMENT 2.1 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. 3. MOWING SPECIFICATIONS 3.1 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. 3.2 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. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 The City will only accept mechanical trimming and edging.No chemical are to be used. 3.5 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. Page 5 of 23 3.6 Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. These areas are noted on bid schedule. See page ten (10). 3.7 Along some Rights-of-Way it should be noted that they are maintained by citizens in some areas. 4. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radius of three (3)feet. 4.2 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. 4.3 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. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes shall be maintained as requested by City's representative. (approximately two (2)times a year). 5.2 Contractor will be responsible for collecting and disposing of cuttings. 6. PAYMENT 6.1 The contractor will submit an invoice in the amount as stipulated on Bid schedule to the Parks and Recreation Department 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 constraints allowed. 7. EMERGENCY PLAN 7.1 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 Interim Director of Parks and Recreation, 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. Page 6 of 23 8. CONTRACT TERMINATION: 1st Notice—A representative from the Utility Operations department will submit a certified letter stating the issues. 2"d Notice -A representative from the Utility Operations department will call contractor in for a meeting. 3rd Notice will be a letter of termination of contract for cause. 9. CONTRACT PERIOD 9.1 This Contract will terminate approximately twelve (12) months from the date of execution with the option to renew two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. 9.2 The City reserves the right to award only one (1) area per contractor. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 10. PROJECTED AREAS GROUP 1 -North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade. Griffing to Tyrell E. Twin City Highway at 32nd Street F. Lombardy Rights—of—Way from 32nd Street to 9th Avenue (West Rights-of-Way) only GROUP 2- South Griffing Park A. Hermann Park B. Rosedale at Date Street C. Glenwood at Date Street D. Evergreen at Forest Drive E. Evergreen at Glenwood F. 9th Avenue at Evergreen G. Las Palmas Boulevard Esplanade from Griffing Drive to south end of blvd. H. Oaklawn Rights—of—Way to Dryden Road Page 7 of 23 GROUP 3 (A) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive(Section 1) A. 9th Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridges) B. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building C. Blackberry to Lake Arthur 9th Avenue- center esplanades at both sides (Shoulders at 45 angle corners) D. 9th Avenue Regional - cut esplanade in center at north side shoulder(45 all corners) GROUP 3 (B) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive(Section 2) A. Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides — South and North sides shoulders B. Babe Zaharias Park(Basketball and Tennis Courts)—3500 Jimmy Johnson(cut to ditch line) C. Turtle Creek Drive (Rights—of—Way and esplanade) Hwy 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Rights—of—Way and esplanade) Hwy 69 to Hwy 365 (North Mall Right - of- Ways South Mall Rights—of—Way) GROUP 5 A. Bryan Park— 1000 Gulfway Drive, including inside train area B. Roosevelt Park— 1900 Gulfway Drive, including along ditch area C. Hughen Park—2700 Lakeshore Drive D. Civic Park—220 Lakeshore Drive E. Flats on Lakeshore Drive F. Kramer G. Schuh Place H. Bledso I. Doumasha GROUP 6 -Port Acres/El Vista Areas A. Eagle Park B. El Vista Park Page 8 of 23 C. Lakeside Park D. Montrose Park E. Ray Park at Shirley and Ray GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. North side underpass @ Highways 73 & 347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 10 A. Medical Center Blvd from West Jimmy Johnson to Highway 365 B. West Jimmy Johnson to dead end GROUP 11 —Lakeside Addition-Rights—of—Way A. Cambridge B. Robin hood C. Salisbury D. Prospect E. Waverly GROUP 12 —Port Acres Addition — Rights—of—Way A. 62nd Street B. 63rd Street C. Easy and 62nd Street D. Diamond and 62nd Street E. Diamond and Russell F. Hazel and Russell G. 59th Street and Jade H. Silver and 63`d Street I. Hwy 73 and Jade (off H.O. Mills) J. 64th Street(2 right-of-ways at this location) K. 65th Street L. Dorsey M. 66th Street Rights—of—Way as designated—beginning at dead end of streets. NOTE: (A) Rights—of—Way to be cut every 10 days. (B) Rights—of—Way to be bush-hogged or equivalent. (C) Rights—of—Way do not require trimming Page 9 of 23 CITY OF PORT ARTHUR PARKS AND RECREATION "2017" Contractor Mowing Schedule* Month # of Cuts January 2017 NO CUTS February 2017 NO CUTS March 2017 Every 10 days April 2017 Every 10 days May 2017 Every 10 days June 2017 Every 10 days July 2017 Every 10 days August 2017 Every 10 days September 2017 Every 10 days October 2017 Every 10 days November 2017 Every 10 days December 2017 NO CUTS *PAYMENT REQUIREMENTS: 1. The Parks and Recreation Department office must be notified prior to, and immediately following cutting for payment processing. 2. In weeks in which inclement weather or other conditions preclude cutting, the Parks and Recreation Department is to be notified immediately. ALL VARIATIONS MUST BE PRE-APPROVED. 3. Failure to adhere to 1 and 2 above can result in non-payment. 4. Dates are subject to change and budget approval. AWARD Award will be based on information submitted on Pages 11 -14. Page 10 of 23 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 1 of 3 BID FOR: Mowing of Various City Properties,Parks and Right-of-Ways BID DUE DATE: January. 11, 2017 ITEM DESCRIPTION PRICE PER CUT GROUP 1—NORTH GRIFFING PARK Town Hall Park $ 50,00 Hollywood at 32nd Street $ -270.0 0 Sunken Court Blvd Esplanade-Twin City to Lombardy $ (aS,(00 Evergreen Blvd Esplanade-Griffing to Tyrell $ /15,00 Twin City Highway at 32nd Street $ I a 5,00 Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. $ .00 TOTAL GROUP 1 $ Sg CO GROUP 2-SOUTH GRIFFING PARK Hermann Park $ 50,00 Rosedale at Date Street $ 30,0 0 Glenwood at Date Street $ '2)0.00 Evergreen at Forest Drive $ 100(00 Evergreen at Glenwood $ 30,00 9th Avenue at Evergreen $ 100.00 Las Palmas Blvd Esplanade from Griffing Drive to South End of Blvd. $ 1-15,00 Oaklawn Rights-of-way to Dryden Road $ 1 o0 TOTAL GROUP 2 $ 5f0, 00 GROUP 3 (A)-(Section 1) 9th Ave. Esplanade in center front of library to Stillwell Technical $ (00,0 0 Immigrant Park $ 0_5,o o Blackberry to Lake Arthur 9th Avenue $ 100,00 9th Avenue Regional $ (gyp p 0 ' TOTAL GROUP 3 (A) $ c0c.p0 GROUP 3 (B)-(Section 2) Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides $ 300,00 Babe Zaharias Park $ 25,, Turtle Creek Drive $ 11 S,©O Central Mall Drive $ ( (S, 0 0 T,QTAL GROUP 3 (B) $ (oKOn Si ,)(, ture of- idder Page 11 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group 5 Bryan Park $ ?Si 00 Roosevelt Park $ 77,0c Hughen Park $ S0(00 Civic Park $ 50,0P Flats on Lakeshore Drive $ 7S,op Krammer $ 25..00 Schuh Place $ 75w° Bledsoe $ )5 OD Doumasha $ 75.,o0 TOTAL GROUP 5 $ G15-,o0 Group 6—Port Acres/E1 Vista Areas Eagle Park $ (00 1 d0 El Vista Park $ 50, Lakeside Park $ 150,00 Montrose Park $ 0C) Ray Park at Shirley and Ray $ \a�, p TOTAL GROUP 6 $ j St 00 Group 9 London Bridge Park $ 121 00 North Side Underpass @ Hwy 73 & 347 $ 175,00 Cecil Reynolds Park $ kpo,00 TOTAL GROUP 9 $ ,00,00 Group 10 Medical Center Blvd from West Jimmy Johnson to Hwy 365 $ 300,c0 West Jimmy Johnson to dead end $ `10o,o0 TOTAL GROUP 10 59c2,00 Group 11 —Lakeside Addition-Rights-of-Way Cambridge $ 150,00 Robin Hood $ t t0,o Salisbury $ 100.00 Prospect $ ©0,00 Waverly $ oo,c TOTAL GROUP 11 $ 5-60,00 r a Bir Page 12 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 3 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group 12-Port Acres Addition-Rights-of-Way 621" Street $ Qd,Oo 63`d Street $ 10,06 Easy and 62nd Street $ ap,00 Diamond and 62nd Street 10,00 Diamond and Russell $ q4,00 Hazel and Russell $ 90.00 59th Street and Jade $ 40,00 Silver and 63`d Street $ 70,00 Hwy 73 and Jade(off H.O. Mills) $ (00,00 64 Street(2 right-of-ways at this location) $ RS,00 65`h Street $ t co o& Dorsey $ t00,00 66th Street $ (Oo,yp TOTAL GROUP 12 $ (iag5",00 L0'11C(c / ConcForc-, C_ ao c+ y COMPANY NAME STREET ADDRESS �. S NA ODER P.O.BOX (,11/.`"(A 0 � Cce broo fr- 1-X 5-g,6 PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO Gni)( (o�v/Cc f-ra&f / Q cj ld 1.cor-) EMAIL J FAX NO. Equipment List Page 13 of 23 Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower a )O Weedeater N/A Hedge Trimmers a N/A Walk Behind a N/A Chainsaw a N/A Blower a N/A Edger o� N/A Number of Employees 1110 (17 �\ rI Siglfature o proposer Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 14 of 23 CITY OF PORT ARTHUR, TEXAS 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 dew: •pment and submission of this bid proposal. Signature: Printed Name: t :U1 OtJ �J Title: Akar Company: 5 Date: 1/10i17 /10 /17 SUBSCRIBED and sworn to before me by the above named Da��tk b,"+„ s on this the a day of , 20 ) ) . ,�Y°Uk JAMES R.DAVIS 2° NOTARY PUBLIC ' STATE Of TEXAS ATexas for the AUGUST 17,2018 My commission expires: kA /2-,/ Page 15 of 23 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: /I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree top ay 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. Lak Clams ( opt�ra(J v (,L( 1/1O/1-7 Fir ame e-S Date d j� MaAC(//�;4th /'fAerfi'lt — Authorized Sign re Title 1 J )ati. A cw: oZ51.-a50-c a,k Name(please print) Telephone ' I O.v) C rm., ( oirbracst-arc Q 51 �.a•�l , f nu-) Email J STATE: i-c,^-s COUNTY: /4 -✓e ,S SUBSCRIBED AND SWORN to before me by the above named b,q v %S r.7 v 1 on t '- -- ',-; . day of ,--F,4,,,,,,,-e) , 20 / 7 410Y P(/ite, JAMES R.DAVIS NOTARY PUBLIC ' .i+, - _ * its * STATE OF TEXAS \oF +Py MY COMMISSION EXPIRES No/ Public AUGUST 17,2018 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. JJ Name of vendor who has a business relationship with local governmental entity. ( 0•1-)Cjav1/ J (� I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3.� Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income, from the vendor? Yes 17 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 4/7,4 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Sign e of van r doing usiness with the governmental entity ate Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file acompleted conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176,003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local govemmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 23 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 19 of 23 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.: Parks and Recreation, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 20 of 23 • SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 21 of 23 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 listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 22 of 23 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 23 of 23 Exhibit "F" (Contract) CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 9 IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2017, 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 H. Wayne Riley doing business as Amelia Lawn Care& Landscaping hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein , OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one year period. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty days written notice. 2. The Contractor will perform mowing of properties and Rights—of—Way in Group 9 for $419.00 per cut 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 to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The Contractor will commence the work required by the Contract Documents on or before a date to be specified in the "Notice to Mow"and will mow the lots within seven days unless the period for completion is extended otherwise by the contract Documents. 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 8) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. 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 2017. OWNER: CITY OF PORT ARTHUR Brian McDougal, City Manager Signed on the day of 2017. CONTRACTOR: Amelia Lawn Care & Landscaping H. Wayne Riley CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444-4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 P. M., Wednesday,January 11,2017 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, January 11, 2017 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY DECEMBER 29 , 2016 AT 2:00 P.M., CITY HALL 5TH FLOOR COUNCIL CHAMBERS 444 4TH ST , PORT ARTHUR, TEXAS The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams, CPPB Acting Purchasing Manager FIRST PUBLICATION: December 18,2016 SECOND PUBLICATION: December 25,2016 A CITY OF PORT ARTHUR,TEXAS z, ort rthr` '- ADDENDUM NO. ONE (1) January 3,2017 Bid Proposal for: Mowing of Various Properties, Parks and Rights of way 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: 1. All areas will be cut every 10 days, excluding Immigrant Park. Immigrant Park should be cut 20 days. Immigrant Park should be invoiced separately. 2. Spraying of Right-of-ways, Boulevards and Triangles will be done by Parks and Recreation Department. 3. If the City needs a contractor to spray, a proof of current license to spray must be provided to the Parks Department before work begins. 4. Cutting of all parks, properties and right-of-ways will be cut Monday-Friday only unless otherwise specified by Parks Department. 5. Contract terms on page 7 of 23: 1St Notice- A representative from the Parks and Recreation department will submit a certified letter stating the issues. 2°d - Notice -A representative from the Parks and Recreation department will call contractor in for a meeting. 3`d Notice- will be a letter of termination of contract for cause. 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. fi' 4,10,e4,. Clifton Williams, CPPB Acting Purchasing Manager Signature of Bidder 7 Date DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of 1, SHERRISECRETARY CITYY TIFFANY HAMILTON , MORRIS ALBRIGHT,IIIA VAL TIZENO KEITH RICHARD n r 1 rth u r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Texas CHARLOTTE MOSES KAPRINA RICHARDSON FRANK DECEMBER 20,2016 INVITATION TO BID Mowing of Various City Properties, Parks and Rights-of-Way DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 11, 2017. (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, January 11, 2017 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P17-011 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 should be directed in writing to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department L Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS 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 23 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Mowing of Various City Properties, Parks and Rights-of-way is scheduled for Thursday December 29, 2016 at 2:00 P.M., City Hall 5th floor Council Chambers 444 4th street., Port Arthur,Texas 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 Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. It is highly recommended you attend the pre-bid meeting. Attendance is not mandatory. However, in the event that you misinterpret the specifications because of failure to attend the pre-bid meeting; the City will not be held responsible. Page 3 of 23 j 1 i l INVITATION TO BID MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 23 (4�� • SPECIFICATIONS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR 1. SCOPE OF WORK 1.1 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. 2. WORK ASSIGNMENT 2.1 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. 3. MOWING SPECIFICATIONS 3.1 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. 3.2 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. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 The City will only accept mechanical trimming and edging. No chemical are to be used. 3.5 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. Page 5 of 23 • 3.6 Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. These areas are noted on bid schedule. See page ten (10). 3.7 Along some Rights-of-Way it should be noted that they are maintained by citizens in some areas. 4. MONOFILAMENT TRIMMING 4.I Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radius of three (3) feet. 4.2 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. 4.3 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. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes shall be maintained as requested by City's representative. (approximately two (2) times a year). 5.2 Contractor will be responsible for collecting and disposing of cuttings. 6. PAYMENT 6.1 The contractor will submit an invoice in the amount as stipulated on Bid schedule to the Parks and Recreation Department 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 constraints allowed. 7. EMERGENCY PLAN 7.1 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 Interim Director of Parks and Recreation, 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. Page 6 of 23 8. CONTRACT TERMINATION: 1st Notice—A representative from the Utility Operations department will submit a certified letter stating the issues. 2nd Notice-A representative from the Utility Operations department will call contractor in for a meeting. 3rd Notice will be a letter of termination of contract for cause. 9. CONTRACT PERIOD 9.1 This Contract will terminate approximately twelve (12) months from the date of execution with the option to renew two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. 9.2 The City reserves the right to award only one (1) area per contractor. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 10. PROJECTED AREAS GROUP 1 -North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade. Griffing to Tyrell E. Twin City Highway at 32nd Street F. Lombardy Rights—of—Way from 32nd Street to 9th Avenue (West Rights-of-Way)only GROUP 2- South Griffing Park A. Hermann Park B. Rosedale at Date Street C. Glenwood at Date Street D. Evergreen at Forest Drive E. Evergreen at Glenwood F. 9th Avenue at Evergreen G. Las Palmas Boulevard Esplanade from Griffing Drive to south end of blvd. H. Oaklawn Rights—of—Way to Dryden Road Page 7 of 23 GROUP 3 (A) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 1) A. 9th Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridges) B. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building C. Blackberry to Lake Arthur 9th Avenue- center esplanades at both sides (Shoulders at 45 angle corners) D. 9th Avenue Regional - cut esplanade in center at north side shoulder(45 all corners) GROUP 3 (B) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive(Section 2) A. Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides — South and North sides shoulders B. Babe Zaharias Park(Basketball and Tennis Courts)—3500 Jimmy Johnson(cut to ditch line) C. Turtle Creek Drive (Rights—of—Way and esplanade) Hwy 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Rights—of—Way and esplanade) Hwy 69 to Hwy 365 (North Mall Right- of- Ways South Mall Rights—of—Way) GROUP S A. Bryan Park— 1000 Gulfway Drive, including inside train area B. Roosevelt Park— 1900 Gulfway Drive, including along ditch area C. Hughen Park—2700 Lakeshore Drive D. Civic Park—220 Lakeshore Drive E. Flats on Lakeshore Drive F. Kramer G. Schuh Place H. Bledso I. Doumasha GROUP 6 -Port Acres/El Vista Areas A. Eagle Park B. El Vista Park Page 8 of 23 C. Lakeside Park D. Montrose Park E. Ray Park at Shirley and Ray GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. North side underpass @ Highways 73 & 347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 10 A. Medical Center Blvd from West Jimmy Johnson to Highway 365 B. West Jimmy Johnson to dead end GROUP 11 —Lakeside Addition-Rights—of—Way A. Cambridge B. Robin hood C. Salisbury D. Prospect E. Waverly GROUP 12 —Port Acres Addition —Rights—of—Way A. 62nd Street B. 63`d Street C. Easy and 62nd Street D. Diamond and 62nd Street E. Diamond and Russell F. Hazel and Russell G. 59th Street and Jade H. Silver and 63rd Street I. Hwy 73 and Jade (off H.O. Mills) J. 64th Street(2 right-of-ways at this location) K. 65th Street L. Dorsey M. 66th Street Rights—of—Way as designated—beginning at dead end of streets. NOTE: (A)Rights—of—Way to be cut every 10 days. (B) Rights—of—Way to be bush-hogged or equivalent. (C) Rights—of—Way do not require trimming Page 9 of 23 CITY OF PORT ARTHUR PARKS AND RECREATION "2017" Contractor Mowing Schedule* Month # of Cuts January 2017 NO CUTS February 2017 NO CUTS March 2017 Every 10 days April 2017 Every 10 days May 2017 Every 10 days June 2017 Every 10 days July 2017 Every 10 days August 2017 Every 10 days September 2017 Every 10 days October 2017 Every 10 days November 2017 Every 10 days December 2017 NO CUTS *PAYMENT REQUIREMENTS: 1. The Parks and Recreation Department office must be notified prior to, and immediately following cutting for payment processing. 2. In weeks in which inclement weather or other conditions preclude cutting, the Parks and Recreation Department is to be notified immediately. ALL VARIATIONS MUST BE PRE-APPROVED. 3. Failure to adhere to 1 and 2 above can result in non-payment. 4. Dates are subject to change and budget approval. AWARD Award will be based on information submitted on Pages 11 -14. Page 10 of 23 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 1 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Nays BID DUE DATE: January 11, 2017 ITEM DESCRIPTION PRICE PER CUT GROUP 1 —NORTH GRIFFING PARK Town Hall Park $ l as, c c Hollywood at 32nd Street $ 25 c7 Sunken Court Blvd Esplanade-Twin City to Lombardy $ Z5-0 0 C. C) Evergreen Blvd Esplanade-Griffing to Tyrell $ 6-0-0 0 Twin City Highway at 32nd Street $ /,_4" a7 Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. $ /6-0, 00 TOTAL GROUP 1 $ 545,, oa GROUP 2-SOUTH GRIFFING PARK Hermann Park $ ©p Rosedale at Date Street $ 020 00 Glenwood at Date Street $ .z o dv Evergreen at Forest Drive $ ZO e Evergreen at Glenwood $ Z 0, , 00 9th Avenue at Evergreen $ z D e Las Palmas Blvd Esplanade from Griffing Drive to South End of Blvd. $ 7iS Oaklawn Rights-of-way to Dryden Road $ /g-= Q TOTAL GROUP 2 $ 471 00 GROUP 3 (A) - (Section 1) 9th Ave. Esplanade in center front of library to Stillwell Technical $ , (zk Immigrant Park $ y � Blackberry to Lake Arthur 9th Avenue $ 9th Avenue Regional $ TOTAL GROUP 3 (A) $ GROUP 3 (B) - (Section 2) d Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides $ Babe Zaharias Park $ Turtle Creek Drive $ Central Mall Drive $ TOTAL GROUP 3 Si at r of Bidder Page 11 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group 5 Bryan Park $ /50c CD Roosevelt Park $ /6-0e Or-7 Hughen Park $ 5c Civic Park $ 9'5.CO Flats on Lakeshore Drive $ 7. Krammer $ 35', CO Schuh Place $ 3gT, e0 Bledsoe $ 35" , OD Doumasha $ c 7 7 TOTAL GROUP 5 $ 'c'9: 00 Group 6–Port Acres/E1 Vista Areas Eagle Park $ ,Qv 00 El Vista Park $ /gyp, CC Lakeside Park $ Z z cD Montrose Park $ Z 2, c c Ray Park at Shirley and Ray $ 21,5 r CO TOTAL GROUP 6 $ q..:5-1/46—. CXR Group 9 London Bridge Park $ 426 . 0 0 North Side Underpass @ Hwy 73 & 347 $ .4/5. pC> Cecil Reynolds Park $ 2 49.da TOTAL GROUP 9 $ qfq,,pJ Group 10 Medical Center Blvd from West Jimmy Johnson to Hwy 365 $ /5 2–, 0 0 West Jimmy Johnson to dead end $ 7.-Z 7 , oO TOTAL GROUP 10 $ 3 -cl'•o Group 11 –Lakeside Addition-Rights-of-Way Cambridge $ Robin Hood $ p , C=' Salisbury $ 1� Prospect $ Waverly $ TOTAL GROUP 11 $ A'bl ture of Bi , ___,..,7 :.Th er Page 12 of 23 C(A6' ) CITY OF PORT ARTHUR, TEXAS BID SHEET Page 3 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group 12—Port Acres Addition —Rights-of-Way 62nd Street $ 63`d Street $ Easy and 62nd Street $ Diamond and 62nd Street $ � Diamond and Russell $ , `v Hazel and Russell $ 59th Street and Jade $ Silver and 63`d Street $ Hwy 73 and Jade (off H.O. Mills) $ 64th Street(2 right-of-ways at this location) $ 65th Street $ Dorsey $ 66th Street $ TOTAL GROUP 12 $ %mweu a Liz--ov C4P,E (02Y)- 3 Z"'o1s-t COMPANY NAME / STREET ADDRESS APP 1 _grit — 6 .-a,nc 3S-9-- I NA 'URE O' BIDDE P.O. BOX -/ riCK1PIC. (2(o0c5 `14)6 ??Lici RINT OR TYPE NAME / CITY STATE ZIP r �z 469 q&L. Y(' TI AREA CODE TELEPHONE NO la vCare Pr SN'Cb 1 I/09_ se/S-4//2 EMAIL FAX NO. Page 13 of 23 Equipment List Equipment Qty Size of Cutting Deck Bush Hog `-e'— Zero Turn or Riding Mower -7" (,l1(p0 CoD1SZj X12 3(a1 3D Weedeater / 0 N/A Hedge Trimmers v N/A Walk Behind Ill N/A Chainsaw 4 N/A Blower (o N/A Edger ti N/A Number of Employees l 0 NcL Si ature of Proper Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 14 of 23 4101-- CITY OF PORT ARTHUR, TEXAS 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: a 0 t-/, et,744, Printed Name: 6tiue Pdky Title: Company: 71-xc Lf a /lap(' •c-- Date:Date: //^ SUBSC i , nd sworn o efore me by the abo named • Y VhflE t fc V on this the 1 da of �� � , 20 y � � et,fillItifil0A/Leee Notary Public in and for the RHONDA CHERI CONNER State of Texas -`_ dr/is :` MY COMMISSION EXPIRES '- E,"' January 30,2017 My commission expires: Page 15 of 23 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 unders'gned offers and agrees to one of the following: 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. j n e_.-h a JrvwrtJ Pz i Lai-as rip `'`� D I-09-Z€ / Firm Name J O Date Ail AL. ' ---:"--af uthorized Sigature ,/ Title ,/. //JAK_ a2)-el c - 6 - /z 9 Name(please print) Telephone a vyi e L,q 1-,cze,eni))( ye, G) N .C a Email STATE: ----M661-6 COUNTY: L I [SNI SUBSCRIB76ND SWORN to before me by the above named I l- \t. ile t' Ie' on this the day of , ii,► /. e :.. • �'- RHONDA CHERI CONNER ) MY COMMISSION EXPIRES ot. a Pu tic atiuk_J '';or;; ' January 30,2017 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 23 CONFLICT OF INTEREST QUESTIONNAIRE , FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. J 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 the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 31 Name of local government officer about whom the information is being disclosed. Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income, other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n No 1.1 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. El Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 1J Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us ,'Io l Revised 11/3012015 (i'1 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local govemmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 23 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 19 of 23 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.: Parks and Recreation, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 20 of 23 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 21 of 23 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 listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. Page 22 of 23 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 23 of 23 Exhibit "G" (Contract) CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 10 IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2017, 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 Eduardo Oceguera doing business as Eduardo T. O. Landscaping hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein , OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one year period. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty days written notice. 2. The Contractor will perform mowing of properties and Rights—of—Way in Group 10 for$240.00 per cut 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 to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The Contractor will commence the work required by the Contract Documents on or before a date to be specified in the "Notice to Mow" and will mow the lots within seven days unless the period for completion is extended otherwise by the contract Documents. 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 8) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. 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 2017. OWNER: CITY OF PORT ARTHUR Brian McDougal, City Manager Signed on the day of 2017. CONTRACTOR: Eduardo T. O. Landscaping Eduardo T. O. Landscaping CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444-4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 P. M., Wednesday,January 11,2017 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, January 11, 2017 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY DECEMBER 29 , 2016 AT 2:00 P.M., CITY HALL 5TH FLOOR COUNCIL CHAMBERS 444 4TH ST. , PORT ARTHUR, TEXAS The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams, CPPB Acting Purchasing Manager FIRST PUBLICATION: December 18,2016 SECOND PUBLICATION: December 25,2016 y / 3I29/ cITY OF PORT ARTHUR,TEXAS �]or „ ADDENDUM NO. ONE (1) ort rtlurr le ut. January 3, 2017 Bid Proposal for: Mowing of Various Properties, Parks and Rights of way 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: I. All areas will be cut every 10 days, excluding Immigrant Park. Immigrant Park should be cut 20 days. Immigrant Park should be invoiced separately. 2. Spraying of Right-of-ways, Boulevards and Triangles will be done by Parks and Recreation Department. 3. If the City needs a contractor to spray, a proof of current license to spray must be provided to the Parks Department before work begins. 4. Cutting of all parks, properties and right—of-ways will be cut Monday—Friday only unless otherwise specified by Parks Department. 5. Contract terms on page 7 of 23: 1'` Notice- A representative from the Parks and Recreation department will submit a certified letter stating the issues. 2nd Notice —A representative from the Parks and Recreation department will call contractor in for a meeting. 3'd Notice- will be a letter of termination of contract for cause. 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. & A%i/A �. Clifton Williams, CPPB Acting Purchasing Manager Signature of Bidder Date DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER • COUNCIL MEMBERS: City of , SHERRICBE SECRETARY E TRMC T •FFANY HAMILTON MORRIS ALBRIGHT,III c � VAL TIZENO KEITH RICHARD ort r t h u r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Tc'rcr s CHARLOTTE MOSES KAPRINA RICHARDSON FRANK DECEMBER 20,2016 INVITATION TO BID Mowing of Various City Properties, Parks and Rights-of-Way DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 11, 2017. (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, January 11, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-011 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 should be directed in writin,,, to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department 1 Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 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 23 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Mowing of Various City Properties, Parks and Rights-of-way is scheduled for Thursday December 29, 2016 at 2:00 P.M., City Hall 5th floor Council Chambers 444 4th street., Port Arthur, Texas 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 Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. It is highly recommended you attend the pre-bid meeting. Attendance is not mandatory. However, in the event that you misinterpret the specifications because of failure to attend the pre-bid meeting; the City will not be held responsible. Page 3 of 23 INVITATION TO BID MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service'? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 23 SPECIFICATIONS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR SCOPE OF WORK 1.1 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. 2. WORK ASSIGNMENT 2.1 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. 3. MOWING SPECIFICATIONS 3.1 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. 3.2 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. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 The City will only accept mechanical trimming and edging.No chemical are to be used. 3.5 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. Page 5 of 23 • 3.6 Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. These areas are noted on bid schedule. See page ten(10). 3.7 Along some Rights-of-Way it should be noted that they are maintained by citizens in some areas. 4. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radius of three (3)feet. 4.2 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. 4.3 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. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes shall be maintained as requested by City's representative. (approximately two (2)times a year). 5.2 Contractor will be responsible for collecting and disposing of cuttings. 6. PAYMENT 6.1 The contractor will submit an invoice in the amount as stipulated on Bid schedule to the Parks and Recreation Department 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 constraints allowed. 7. EMERGENCY PLAN 7.1 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 Interim Director of Parks and Recreation, 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. Page 6 of 23 8. CONTRACT TERMINATION: ls`Notice—A representative from the Utility Operations department will submit a certified letter stating the issues. 2°d Notice-A representative from the Utility Operations department will call contractor in for a meeting. 3rd Notice will be a letter of termination of contract for cause. 9. CONTRACT PERIOD 9.1 This Contract will terminate approximately twelve (12) months from the date of execution with the option to renew two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. 9.2 The City reserves the right to award only one (1) area per contractor. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 10. PROJECTED AREAS GROUP 1 -North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade. Griffing to Tyrell E. Twin City Highway at 32nd Street F. Lombardy Rights—of—Way from 32nd Street to 9th Avenue (West Rights-of-Way)only GROUP 2- South Griffing Park A. Hermann Park B. Rosedale at Date Street C. Glenwood at Date Street D. Evergreen at Forest Drive E. Evergreen at Glenwood F. 9th Avenue at Evergreen G. Las Palmas Boulevard Esplanade from Griffing Drive to south end of blvd. H. Oaklawn Rights—of—Way to Dryden Road Page 7 of 23 GROUP 3 (A) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive(Section 1) A. 9th Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridges) B. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building C. Blackberry to Lake Arthur 9th Avenue- center esplanades at both sides (Shoulders at 45 angle corners) D. 9th Avenue Regional - cut esplanade in center at north side shoulder(45 all corners) GROUP 3 (B) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 2) A. Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides — South and North sides shoulders B. Babe Zaharias Park(Basketball and Tennis Courts)—3500 Jimmy Johnson(cut to ditch line) C. Turtle Creek Drive (Rights—of—Way and esplanade) Hwy 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Rights—of—Way and esplanade) Hwy 69 to Hwy 365 (North Mall Right - of-Ways South Mall Rights—of—Way) GROUP 5 A. Bryan Park— 1000 Gulfway Drive, including inside train area B. Roosevelt Park— 1900 Gulfway Drive, including along ditch area C. Hughen Park—2700 Lakeshore Drive D. Civic Park—220 Lakeshore Drive E. Flats on Lakeshore Drive F. Kramer G. Schuh Place H. Bledso I. Doumasha GROUP 6 -Port Acres/El Vista Areas A. Eagle Park B. El Vista Park Page 8 of 23 C. Lakeside Park D. Montrose Park E. Ray Park at Shirley and Ray GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. North side underpass @ Highways 73 & 347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 10 A. Medical Center Blvd from West Jimmy Johnson to Highway 365 B. West Jimmy Johnson to dead end GROUP 11 —Lakeside Addition-Rights—of—Way A. Cambridge B. Robin hood C. Salisbury D. Prospect E. Waverly GROUP 12 — Port Acres Addition — Rights—of—Way A. 62❑d Street B. 63rd Street C. Easy and 62nd Street D. Diamond and 62nd Street E. Diamond and Russell F. Hazel and Russell G. 59th Street and Jade H. Silver and 63rd Street I. Hwy 73 and Jade (off H.O. Mills) J. 64th Street(2 right-of-ways at this location) K. 65th Street L. Dorsey M. 66th Street Rights—of—Way as designated—beginning at dead end of streets. NOTE: (A)Rights—of—Way to be cut every 10 days. (B) Rights—of—Way to be bush-hogged or equivalent. (C) Rights—of—Way do not require trimming Page 9 of 23 CITY OF PORT ARTHUR PARKS AND RECREATION "2017" Contractor Mowing Schedule* Month # of Cuts January 2017 NO CUTS February 2017 NO CUTS March 2017 Every 10 days April 2017 Every 10 days May 2017 Every 10 days June 2017 Every 10 days July 2017 Every 10 days August 2017 Every 10 days September 2017 Every 10 days October 2017 Every 10 days November 2017 Every 10 days December 2017 NO CUTS *PAYMENT REQUIREMENTS: 1. The Parks and Recreation Department office must be notified prior to, and immediately following cutting for payment processing. 2. In weeks in which inclement weather or other conditions preclude cutting, the Parks and Recreation Department is to be notified immediately. ALL VARIIATIONS MUST BE PRE-APPROVED. 3. Failure to adhere to 1 and 2 above can result in non-payment. 4. Dates are subject to change and budget approval. AWARD Award will be based on information submitted on Pages 11 -14. Page 10 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 1 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11,2017 ITEM DESCRIPTION PRICE PER CUT GROUP 1 —NORTH GRIFFING PARK Town Hall Park $ 1_20 OO Hollywood at 32nd Street $ 1 )0:00 Sunken Court Blvd Esplanade-Twin City to Lombardy $ l '0, 00 Evergreen Blvd Esplanade-Griffing to Tyrell $ 120: U() Twin City Highway at 32nd Street $ /Le/ Oci Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. $ i Zv.0v TOTAL GROUP 1 $ iw°>(� GROUP 2- SOUTH GRIFFING PARK Hermann Park $ I L=°:CO Rosedale at Date Street Glenwood at Date Street $ v.-c)p Evergreen at Forest Drive $ Sc c,)O Evergreen at Glenwood $ ., c,0 9th Avenue at Evergreen $ w.c Las Palmas Blvd Esplanade from Griffing Drive to South End of Blvd. $ j 0 0400 Oaklawn Rights-of-way to Dryden Road $ 3 c: Lt.) TOTAL GROUP 2 $ O J IIJO GROUP 3 (A) - (Section 1) 9th Ave. Esplanade in center front of library to Stillwell Technical $ I i OD Immigrant Park $ W 00100 Blackberry to Lake Arthur 9th Avenue $ do'00 9th Avenue Regional $ .Li Co,VO TOTAL GROUP 3 (A) $ 1 E,v O,00 GROUP 3 (B) - (Section 2) Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides $ 6 Oc,.c)C) Babe Zaharias Park $ 3 cl v,u c 1 Turtle Creek Drive $ 2Uv,OD Central Mall Drive $ 2ou,t/) TOTAL GROUP 3(B) $ j 300,06 Signature of Bidder Page 11 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group 5 Bryan Park $ ZOC);t)( Roosevelt Park $ -20C).•00 Hughen Park $ 2..u) . 00 Civic Park $ _7(z) Uo Flats on Lakeshore Drive $ /2 Uv ;UV Krammer $ Lk); 00 Schuh Place $ L00, tK) Bledsoe $ ; 0 C OU Doumasha $ 2 0 r) / (-) TOTAL GROUP 5 $ I SkY.), �) ) Group 6—Port Acres/El Vista Areas Eagle Park $ '3uv,d0 El Vista Park $ 30d:c,0 Lakeside Park $ 300 e cxJ Montrose Park $ >d 0,ut) Ray Park at Shirley and Ray $ 3 00= c') TOTAL GROUP 6 $ I S v'J t c.O Group 9 London Bridge Park $ 3 a/00 North Side Underpass @ Hwy 73 & 347 $ 106, cQQ Cecil Reynolds Park $ 3oo�: oo TOTALGROUP 9 S C100, 0 0 Group 10 Medical Center Blvd from West Jimmy Johnson to Hwy 365 $ % West Jimmy Johnson to dead end $ i 40, ow TOTAL GROUP 10 $ 211 O.o0 Group 11 —Lakeside Addition-Rights-of-Way Cambridge $ n,vt, Robin Hood $ '70, Salisbury $ c"),00 Prospect $ v , OO Waverly $ 7•() 0 0 TOTAL GROUP 11 $ Sv,:O Signature of Bidder Page 12 of 23 • CITY OF PORT ARTHUR,TEXAS BID SHEET Page 3 of 3 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE January 11, 2017 ITEM DESCRIPTION PRICE PER CUT Group 12 —Port Acres Addition—Rights-of-Way 62nd Street $ NO f (P 63rd Street $ 100. W Easy and 62nd Street $ i(w; oO Diamond and 62nd Street $ (UCS: 00 Diamond and Russell $ 10U 00 Hazel and Russell $ j 00 r 00 59th Street and Jade $ '00 ; 00 Silver and 63rd Street $ ,Qb) e (x) Hwy 73 and Jade (off H.O. Mills) $ /Od ' DO 64th Street (2 right-of-ways at this location) $ WO ;00 65th Street $ 100; 00 Dorsey $ J00 ,00 66th Street $ i O CJ O C) TOTAL GROUP 12 $ )1o0, 00 r irt OCI'CCI-Lf-'' L-ki,-()JSCLNP; 2 CSMC1 CZC) Ni \\WIU"C! COMPANY NAME STREET ADDRESS Zo c - SIGNATURE OF BIDDER P.O. BOX Ec.JLX1"(2,0 0c UC C Gro , \? 1DIq PRINT OR TYPE NAME CITY STATE ZIP 6:)1-4/)?S c�., �,n _ LI 0') 3(-) }s TITLE AREA CODE TELEPHONE NO L-lo 05mQ.; i ,ca;M EMAIL FAX NO. Page 13 of 23 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower 2 50;S o Weedeater N/A Hedge Trimmers Z N/A Walk Behind 2 N/A Chainsaw N/A Blower 2 N/A Edger N/A Number of Employees H —C,1 — 14- Signature of Proposer Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 14 of 23 CITY OF PORT ARTHUR, TEXAS 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: FCi `UGn /G OCE)4314 Printed Name: WUCktcto IJCgjtuteCI Title: 0\ e C k - J Company: 61Uf6O T. . t_and (ck\otnCi Date: O I . OCL /On SUBSCRIBED and sworn to before me by the above named ..6 6 ori ,histthe C4 m day ofJGfhA('.f , 20 [1 . = fotaliciu kal\ �.n. N` tary Public in and for the Ari` JACQUELINE SEVILLA State of Texas My Commission Expires November 12, 2017 My commission expires: 1111111 ECIE Page 15 of 23 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: 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. aNardo 7. 0 . w_Mscapoq D (o° M CI Firm Name Date .E Uc -4oure Cesv,se44 ��LJY`eo - Authorized Signa Title i,lR(1 O CC-a u-eL 1 . 30D . 1 )U 1 Name (please print) Telephone Email STATE: ft (xE COUNTY: Tekitson SUBSCRIBED AND SWORN to before me by the above named Wawa° 0ceciu-orn on this the ' — T — - 11,6 Jr VCiN , 20 11 . ��� JACQUELINE SEVILLA '^1LC , 1 1 j ' A \' l My Commission Expires !� ��,�/�J 1.1 ^\ November 12,2017 Notary ublic ' ...,,,,,#,,, �,e Q„E��S RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Coda. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Jn I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f I completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 2-1 Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? n Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. IT Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). c--z Signature of vendor doing businesswith'the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local govemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 23 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 19 of 23 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.: Parks and Recreation, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 20 of 23 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 21 of 23 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 listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 22 of 23 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 23 of 23 Exhibit "H" (Contract) 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. 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 2017. OWNER: CITY OF PORT ARTHUR Brian McDougal, City Manager Signed on the day of 2017. CONTRACTOR: Williams Transport David Williams CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444-4th Street or P. O. Box 1089, Port Arthur,Texas 77641 no later than 3:00 P. M., Wednesday,January 11,2017 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, January 11, 2017 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY DECEMBER 29 , 2016 AT 2:00 P.M., CITY HALL 5TH FLOOR COUNCIL CHAMBERS 444 4TH ST. , PORT ARTHUR, TEXAS The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams, CPPB Acting Purchasing Manager FIRST PUBLICATION: December 18,2016 SECOND PUBLICATION: December 25,2016 • crr. r CITY OF PORT ARTHUR,TEXAS ,44 orf re/tic-7.7.n°— ADDENDUM NO.ONE (1) Tress January 3,2017 Bid Proposal for: Mowing of Various Properties, Parks and Rights of way 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: 1. All areas will be cut every 10 days,excluding Immigrant Park. Immigrant Park should be cut 20 days. Immigrant Park should be invoiced separately. 2. Spraying of Right-of-ways, Boulevards and Triangles will be done by Parks and Recreation Department. 3. If the City needs a contractor to spray, a proof of current license to spray must be provided to the Parks Department before work begins. 4. Cutting of all parks, properties and right—of-ways will be cut Monday—Friday only unless otherwise specified by Parks Department. 5. Contract terms on page 7 of 23: 1'` Notice- A representative from the Parks and Recreation department will submit a certified letter stating the issues. 2"d — Notice —A representative from the Parks and Recreation department will call contractor in for a meeting. 3'd Notice-will be a letter of termination of contract for cause. 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. Nki& Clifton Williams, CPPB Acting Purchasing Manager /2/ 01-11-2017 S. re of Bid er Date DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of " SHERRI BELLARD,TRMC k,‘ TIFFANY HAMILTON CITY SECRETARY MORRIS ALBRIGHT,III ��,� VAL TIZENO KEITH RICHARD ort r t h u r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Tr tics CHARLOTTE MOSES KAPRINA RICHARDSON FRANK DECEMBER 20, 2016 INVITATION TO BID Mowing of Various City Properties, Parks and Rights-of-Way DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 11, 2017. (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, January 11, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-011 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 should be directed in writing to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS 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 23 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Mowing of Various City Properties, Parks and Rights-of-way is scheduled for Thursday December 29, 2016 at 2:00 P.M., City Hall 5th floor Council Chambers 444 4th street., Port Arthur,Texas 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 Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. It is highly recommended you attend the pre-bid meeting. Attendance is not mandatory. However, in the event that you misinterpret the specifications because of failure to attend the pre-bid meeting; the City will not be held responsible. Page 3 of 23 INVITATION TO BID MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 23 SPECIFICATIONS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR 1. SCOPE OF WORK 1.I 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. 2. WORK ASSIGNMENT 2.1 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. 3. MOWING SPECIFICATIONS 3.1 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. 3.2 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. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 The City will only accept mechanical trimming and edging.No chemical are to be used. 3.5 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. Page 5 of 23 3.6 Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. These areas are noted on bid schedule. See page ten (10). 3.7 Along some Rights-of-Way it should be noted that they are maintained by citizens in some areas. 4. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radius of three (3)feet. 4.2 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. 4.3 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. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes shall be maintained as requested by City's representative. (approximately two (2)times a year). 5.2 Contractor will be responsible for collecting and disposing of cuttings. 6. PAYMENT 6.1 The contractor will submit an invoice in the amount as stipulated on Bid schedule to the Parks and Recreation Department 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 constraints allowed. 7. EMERGENCY PLAN 7.1 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 Interim Director of Parks and Recreation, 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. Page 6 of 23 8. CONTRACT TERMINATION: 1st Notice—A representative from the Utility Operations department will submit a certified letter stating the issues. 2°d Notice-A representative from the Utility Operations department will call contractor in for a meeting. 3rd Notice will be a letter of termination of contract for cause. 9. CONTRACT PERIOD 9.1 This Contract will terminate approximately twelve (12) months from the date of execution with the option to renew two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. 9.2 The City reserves the right to award only one (1) area per contractor. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 10. PROJECTED AREAS GROUP 1 -North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade. Griffing to Tyrell E. Twin City Highway at 32nd Street F. Lombardy Rights—of—Way from 32n1 Street to 9th Avenue (West Rights-of-Way) only GROUP 2- South Griffing Park A. Hermann Park B. Rosedale at Date Street C. Glenwood at Date Street D. Evergreen at Forest Drive E. Evergreen at Glenwood F. 9th Avenue at Evergreen G. Las Palmas Boulevard Esplanade from Griffing Drive to south end of blvd. H. Oaklawn Rights—of—Way to Dryden Road Page 7 of 23 GROUP 3 (A) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 1) A. 9th Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridges) B. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building C. Blackberry to Lake Arthur 9th Avenue- center esplanades at both sides (Shoulders at 45 angle corners) D. 9th Avenue Regional - cut esplanade in center at north side shoulder(45 all corners) GROUP 3 (B) - 9th Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 2) A. Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides — South and North sides shoulders B. Babe Zaharias Park(Basketball and Tennis Courts)—3500 Jimmy Johnson(cut to ditch line) C. Turtle Creek Drive (Rights—of—Way and esplanade) Hwy 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Rights—of—Way and esplanade) Hwy 69 to Hwy 365 (North Mall Right - of-Ways South Mall Rights—of—Way) GROUP 5 A. Bryan Park— 1000 Gulfway Drive, including inside train area B. Roosevelt Park— 1900 Gulfway Drive, including along ditch area C. Hughen Park—2700 Lakeshore Drive D. Civic Park—220 Lakeshore Drive E. Flats on Lakeshore Drive F. Kramer G. Schuh Place H. Bledso I. Doumasha GROUP 6 -Port Acres/El Vista Areas A. Eagle Park B. El Vista Park Page 8 of 23 C. Lakeside Park D. Montrose Park E. Ray Park at Shirley and Ray GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. North side underpass @ Highways 73 & 347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 10 A. Medical Center Blvd from West Jimmy Johnson to Highway 365 B. West Jimmy Johnson to dead end GROUP 11 —Lakeside Addition-Rights—of—Way A. Cambridge B. Robin hood C. Salisbury D. Prospect E. Waverly GROUP 12 —Port Acres Addition — Rights—of—Way A. 62nd Street B. 63rd Street C. Easy and 62nd Street D. Diamond and 62nd Street E. Diamond and Russell F. Hazel and Russell G. 59th Street and Jade H. Silver and 63`d Street I. Hwy 73 and Jade (off H.O. Mills) J. 64th Street(2 right-of-ways at this location) K. 65th Street L. Dorsey M. 66th Street Rights—of—Way as designated—beginning at dead end of streets. NOTE: (A) Rights—of—Way to be cut every 10 days. (B) Rights—of—Way to be bush-hogged or equivalent. (C) Rights—of—Way do not require trimming Page 9 of 23 CITY OF PORT ARTHUR PARKS AND RECREATION "2017" Contractor Mowing Schedule* Month # of Cuts January 2017 NO CUTS February 2017 NO CUTS March 2017 Every 10 days April 2017 Every 10 days May 2017 Every 10 days June 2017 Every 10 days July 2017 Every 10 days August 2017 Every 10 days September 2017 Every 10 days October 2017 Every 10 days November 2017 Every 10 days December 2017 NO CUTS *PAYMENT REQUIREMENTS: 1. The Parks and Recreation Department office must be notified prior to, and immediately following cutting for payment processing. 2. In weeks in which inclement weather or other conditions preclude cutting, the Parks and Recreation Department is to be notified immediately. ALL VARIATIONS MUST BE PRE-APPROVED. 3. Failure to adhere to 1 and 2 above can result in non-payment. 4. Dates are subject to change and budget approval. AWARD Award will be based on information submitted on Pages 11 -14. Page 10 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 1 of 3 BID FOR: Mowing of Various City Properties,Parks and Right-of-Ways BID DUE DATE: January 11,2017 ITEM DESCRIPTION PRICE PER CUT GROUP 1—NORTH GRIFFING PARK Town Hall Park $ No Rid Hollywood at 32nd Street $ Sunken Court Blvd Esplanade-Twin City to Lombardy $ Evergreen Blvd Esplanade-Grifimg to Tyrell $ Twin City Highway at 32nd Street $ Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way)only. $ TOTAL GROUP 1 $ GROUP 2-SOUTH GRIFFING PARK Hermann Park $ No Bid Rosedale at Date Street $ Glenwood at Date Street $ Evergreen at Forest Drive $ Evergreen at Glenwood $ 9th Avenue at Evergreen $ Las Palmas Blvd Esplanade from Grilling Drive to South End of Blvd. $ Oaklawn Rights-of-way to Dryden Road $ TOTAL GROUP 2 $ GROUP 3 (A)-(Section 1) 9th Ave.Esplanade in center front of library to Stillwell Technical $ No Bid Immigrant Park $ Blackberry to Lake Arthur 9th Avenue $ 9th Avenue Regional $ TOTAL GROUP 3 (A) $ GROUP 3 (B)-(Section 2) Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides $ No Bid Babe Zaharias Park $ Turtle Creek Drive $ Central Mall Drive $ TOTAL GROUP 3 (B) $ Si afore ofi der Page 11 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 3 BID FOR: Mowing of Various City Properties,Parks and Right-of-Ways BID DUE DATE: January 11,2017 ITEM DESCRIPTION PRICE PER CUT Group 5 Bryan Park $ No Bid Roosevelt Park Hughen Park $ Civic Park $ Flats on Lakeshore Drive $ Krammer $ Schuh Place $ Bledsoe Doumasha $ TOTAL GROUP 5 $ Group 6—Port Acres/El Vista Areas Eagle Park $ 150.00 El Vista Park $ 150.00 Lakeside Park $ 150.00 Montrose Park $ 150.00 Ray Park at Shirley and Ray $ 200.00 TOTAL GROUP 6 $ 800.00 Group 9 London Bridge Park $ j_ .‘,8 North Side Underpass @ Hwy 73 &347 $ Cecil Reynolds Park $ TOTAL GROUP 9 $ Group 10 Medical Center Blvd from West Jimmy Johnson to Hwy 365 $ 300.00 West Jimmy Johnson to dead end $ 300.00 TOTAL GROUP 10 $ 600.00 Group 11-Lakeside Addition-Rights-of-Way Cambridge $ 35.00 Robin Hood $ 35.00 Salisbury $ 35.00 Prospect $ 35.00 Waverly $ 35.00 TOTAL GROUP 11 $ 175.00 Signature o id er Page 12 of 23 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 3 of 3 BID FOR: Mowing of Various City Properties,Parks and Right-of-Ways BID DUE DATE January 11. 2017 ITEM DESCRIPTION PRICE PER CUT Group 12—Port Acres Addition—Rights-of-Way 62nd Street $ 1 .00 631d Street $ 1 .00 Easy and 62nd Street $ 1 .00 Diamond and 62nd Street $ 1 .00 Diamond and Russell $ 62.00 Hazel and Russell $ 62.00 59th Street and Jade $ 62.00 Silver and 63'd Street $ 62.00 Hwy 73 and Jade(off H.O.Mills) $ 62.00 6e Street(2 right-of-ways at this location) $ 62.00 65th Street $ 1 .00 Dorsey $ 1 .00 66th Street $ 1 .00 TOTAL GROUP 12 $ 379.00 Williams Transport 275 Thomas Rd COMPANY NAME STREET ADDRESS SI: 'A • u • : I. R P.O.BOX David Williams Lumberton Texas 77657 PRINT OR TYPE NAME CITY STATE ZIP Owner 409-504-3455 11TLE AREA CODE TELEPHONE NO williams.transport@aol.com N/A EMAIL FAX NO. Equipment List Page 13 of 23 Equipment Qty Size of Cutting Deck Bush Hog 4 2 15ft Batwings, 1 5ft and 1 6ft Zero Turn or Riding Mower 2 54inch and 60inch Weedeater 3 N/A Hedge Trimmers 1 N/A Walk Behind 1 N/A Chainsaw 3 N/A Blower 2 N/A Edger 1 N/A Number of Employees 3. More avaiable if or when needed. /J 01-11-2017 Signature of r.'po er Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 14 of 23 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: David Williams Title: Owner Company: Williams Transport Date: 01-11-2017 SUBSCRIBED and sworn to before me by the above na =• f�V t� �.c�c�Lt aiSon this the It day of-fl,)vaa.Y , 20 n . P.• c irindor tf he � State of Texas ,,"\04-0 ",„4,/, � •PPy P"e(-,•:.6� My commission expires: `(N`14-7 gpf c( •Z N ''pit oa92 i ' ,,,,,, 2 Page 15 of 23 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: X 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. Williams Transport 01-11-2017 Firm Name Date Owner prized Signature Title David Williams 409-504-3455 Name(please print) Telephone williams.transport@aol.com Email STATE: —16)epotS COUNTY: r SUBSCRIBED AND SWORN to before me by the above named tt, Ci) on this the I day o ,_ ► • ai! iiiiii _ `.`fig lPy P Ug4;c..d •.N iZ \ } - %V , Ft� ` = RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ATE( 5.l S>, ! •°+, tttttttttttt Page 16 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. N/A 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 the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer 1.1 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. eJ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). .-� 01-11-2017 - re of vend, doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http j/www.statutes.legis.state.tx.us/ Docs/LGlhtmJLG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties_ The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer.one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids. correspondence, or another writing related to a potential contract with the local GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 19 of 23 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.: Parks and Recreation, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 20 of 23 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 21 of 23 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 listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 22 of 23 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 23 of 23