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HomeMy WebLinkAboutPR 19747: TERMINATING CONTACT WITH LONE STAR OUTDOOR SERVICES, INC. AND AWARDING TO AMELIA LAWN CARE & LANDSCAPING J7 City of orttt hu — Texas INTEROFFICE MEMORANDUM UTILITY OPERATIONS DEPARTMENT - ADMIN. DIV. Date: April 16, 2017 To: Brian McDougal, City Manager From: Jimmie Johnson, Ph.D., Assistant City Manager RE: Proposed Resolution No. 19747 Nature of Request I recommend Proposed Resolution No. 19747 to terminate a portion of Resolution No. 17-055, cancelling the Utility Department mowing contract for Group C with Lone Star Outdoor Services, Inc., of Lumberton, Texas, and awarding the contract to Amelia Lawn Care & Landscaping of Groves, Texas. Lone Star Outdoor Services, Inc. sent a letter of notification stating that they cannot fulfill the contract for cutting grass in Group C. Amelia Lawn Care & Landscaping of Groves, Texas was the second lowest bidder. Staff Analysis, Consideration: Existing staff will administer this contract and monitor the contractor's performance. Recommendation: I recommend that the City Council approve Proposed Resolution No. 19747 authorizing the execution of a contract for the mowing of Group C with Amelia Lawn Care & Landscaping of Groves, Texas, and rescinding the contract with Lone Star Outdoor Services, Inc. of Lumberton, Texas. Budget Considerations Funding for the contract is available in Utility Operations, Account No. 410-1253-532.59-00. The difference in price is $240/cut vs. $242/cut. P. R. No. 19747 04/17/17 ds Page 1 of 3 RESOLUTION NO. A RESOLUTION TERMINATING THE CONTRACT WITH LONE STAR OUTDOOR SERVICES, INC. OF LUMBERTON, TEXAS, FOR GROUP C, AT THE REQUEST OF CONTRACTOR, AND AWARDING THE CONTRACT TO AMELIA LAWN CARE & LANDSCAPING OF GROVES, TEXAS, WITH A PROJECTED BUDGETARY IMPACT OF $5,808.00 TO ACCOUNT NUMBER 410-1253-532.59-00. WHEREAS, On February 28, 2017, the City council awarded contracts for mowing various groups of utility areas, Groups A-G; and, WHEREAS, the contract for Group C was awarded to Lone star Outdoor Services, Inc. of Lumberton, Texas; and, WHEREAS, Lone star Outdoor Services, Inc. of Lumberton, Texas has stated in a letter (attached as Exhibit A)that they can no longer fulfill the terms of the contract; and, WHEREAS,the next lowest bidder to meet City Specifications for Group C was Amelia Lawn Care & Landscaping of Groves, Texas (Original Bid Tabulation attached as Exhibit B), and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur a one (1) year contract between the CITY OF PORT ARTHUR and Amelia Lawn Care & Landscaping of Groves, Texas, with the option to renew for two (2) additional one year periods in substantially the same form as attached as Exhibit "C"; and, THAT, the City can terminate this contract at its convenience with 30 days written notice; and, P. R. No. 19747 04/17/17 ds Page 2 of 3 THAT, funding for this contract is provided for in the Utility Operations O&M budget; and, THAT a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , 2017 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Councilmembers: NOES: . Derrick Freeman Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Valecia Tize o 0 City Attorney P. R. No. 19747 04/17/17 ds Page 3 of 3 APPROVED FOR ADMINISTRATION: Brian McDougal City Manager Dr. Jimmie Johnson, PhD Assistant City Manager APPROVED AS TO THE AVAILABILITY OF FUNDS: Rosie Vela Interim Director of Finance U 010 (it.)1PC1444- Clifton illiams, CPPB Acting Purchasing Manager EXHIBIT "A" (Letter from Lone Star Outdoor Services, Inc.) q�, Ci-e ---is r j We Services All Your Homes Outdoor Needs! PO Box 30101, Lumberton,TX 77657 (409) 659-6522 To: City of Port Arthur Date: 04/11/17 To Whom It May Concern: Lone Star Outdoor Services Inc. is unable to fulfill the winning bid for Group C,Sabine Pass. We have signed with another company that will require all of our time and resources.Thanks for the opportunity ) r Debbie Sherman EXHIBIT "B" (Bid Tabulation) n o • A J VI W N -- ro r.wooW �. 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No. 19747 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2017, by and between an individual, firm partnership or corporation, Amelia Lawn Care and Landscaping.,of Groves, Texas, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the"Owner" or"City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Agreement is one year from the date issued on the Notice to Proceed, with an option to renew for two (2) additional one-year periods, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within fifteen(15) days written notice. 2. The Vendor will provide Mowing services, as delineated and submitted in their bid on December 28, 2016. 3. During the term of this Contract,the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Mowing and Lawn Service for Group C 4. The Vendor agrees to deliver all services during the term of this contract, at the unit prices listed on the Bid schedule dated December 28, 2016. 5. The term"Contract Documents"means and includes the following: (A)Agreement (B) Advertisement for BIDS (C) Invitation to Bid (D) General Information (E) General Specifications (F) Specifications (G) Bid (H) Bid Sheet (I) Notice of Award (J) Notice to Proceed (K)Addenda P. R. No. 19747 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the day of , 2017. WITNESS: CONTRACTOR: Amelia Lawn Care & Landscaping SIGNED AND AGREED to on the day of , 2017. WITNESS: CITY OF PORT ARTHUR City Secretary City Manager Sherri Bellard Brian McDougal 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, December 28, 2016 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, December 28, 2016 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: Grass Cutting for Utility Operations 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. MANDATORY PRE-BID MEETING IS SCHEDULED FOR TUESDAY DECEMBER 13 , 2016 AT 10:00 A.M.AT THE WATER SERVICE CENTER LOCATED AT 111 H.O. MILLS, 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 4,2016 SECOND PUBLICATION: December 11,2016 e CITY OF PORT ARTHUR,TEXAS �.r .rnu.- ADDENDUM NO. ONE (1) )4 . f December 14, 2016 Bid Proposal for: Ground Maintenance for Utility Operations 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. Remove page 13 in bid package and replace with attached page 13. 2. No color drawing will be attached to the bid package. 3. Delete line 24 on page 6. 4. The Old Water Purification Plant was moved to Group G. 5. Make sure to cut dry bed in Group F (Dry bed is located at the New Water Purification Plant.) 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. & tt._.-ka,v-,.., Clifton Williams, CPPB Acting Purchasing Manager l I Lrof B dder Date DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER - En.qc. `7 COUNCIL MEMBERS: City of Cu, SHERRI BELLARD,TRMC CITY SECRETARY TIFFANY HAMILTON " MORRIS ALBRIGHT,IIIA VAL TIZENO KEITH RICHARD u r t r t h it r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI /c. CHARLOTTE MOSES KAPRINA RICHARDSON FRANK DECEMBER 5,2016 INVITATION TO BID Ground Maintenance for Utility Operations DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, December 28, 2016. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,December 28, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P17-009 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.goudeauxc 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 1Fax 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 24 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Ground Maintenance for Utility Operations will be held on Tuesday December 13, 2016 at 10:00 a.m. at the Water Service Center located at 111 H.O. Mills, 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 Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 24 INVITATION TO BID GROUND MAINTENANCE FOR UTILITY OPERATIONS (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 is p odu service? Does your present work load permit a ditio al w k? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: AO Page 4 of 24 SPECIFICATIONS FOR GROUNDS MAINTENANCE UTILITY OPERATIONS DEPARTMENT The work to be performed under this contract is for grounds maintenance at various Water Utilities facilities detailed on the attached bid forms (GROUP "A" through GROUP "G"). A mandatory pre- bid meeting will be held to address any questions of prospective bidders. Prior to the bid opening, each prospective bidder shall inspect every site listed in the attachments in order to become familiar with any site-specific requirements necessary to comply with these specifications. Bidders are to provide unit prices for the maintenance of each location, and also for the entire group. Award will be based on bids received for the group price. It is the City's intention that each site for Groups "A" through "F" shall be maintained twice per month from March through October, and once per month from November through February (total of 24 cuts). Bidders shall provide unit price for cutting Group "G" sites (estimated 4 cuts per year). Note that maintenance frequency may change during the term of the contract, as determined by the City. Unit prices provided for each site are for the City's use should we require additional maintenance at only that site, and not the entire group. * Invoices for services rendered under this contract are to be submitted to the Wastewater Conveyance Superintendent, within three days of cutting, in order to check/verify completion of the work. Invoices for work not submitted within this time frame will not be verified, and will not be paid. INVOICES NOT COMPLETED PER THESE SPECIFICATIONS WILL NOT BE PAID. The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, and service to complete all work in a workmanlike manner as follows: 1. Sites in Groups A through F must be cut and trimmed with hand mower, weed trimmer, push mower, or riding lawn mower, as appropriate. Group "G" sites are for rough-cut and shall be maintained with bush hog and/or slope mower. 2. The schedule is attached. 3. Each site is to be clean cut and all fenced sites are required to be cut inside and around fenced areas,where practicable,as previously done or as directed by the City. 4. Trimming is required around all in-ground facilities, fences and concrete. 5. Vegetation is to be removed from all appurtenances and fencing. 6. Area will be cleared of all litter, debris prior to any mowing. 7. Litter and debris shall be disposed of properly,off site,at the contactor's expense. 8. All litter and debris shall be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to retrieve any litter missed the first time and cut into smaller pieces by the mower. 9. Litter and debris shall be defined as an object not intentionally placed at project site for a specific purpose. This shall include but not limited to paper, wrappers, cans, bottles, building materials, disposable diapers and small limbs shall be cleaned prior to cutting of all properties. 10. Litter and debris shall be disposed of properly,off site,at the contractor's expense. Page 5 of 24 11. Sweep or blow clean all sidewalks and/or concrete areas affected by work. No grass clippings shall be placed or blown into the City's Drainage Culverts or in the street. 12. Equipment blades are to be sharpened so that grass will be cut low. 13. Entrance roads, approaches, and/or driveways are to be maintained, (where applicable), e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. 14. For most facilities, the limits of cutting is the immediate area of past-maintenance, with a minimum of 5 feet around all fences and entrance roads, 10 feet around structures, and ANY areas adjacent and up to any street pavement. 15. Ruts caused by contractor's equipment shall be filled at contractor's expense. 16. The contractor shall repair or replace at his own expenses any damages to materials or property on site, resulting from negligence during grass cutting or associated activities. 17. Contractor must provide a list of equipment with their bid documents. 18. The contractors will be required to re-cut at their own expenses any areas deemed to be unsatisfactorily mowed. 19. Mow grass to a height of not more than 2 inches within five(5) days. 20. Time extension may be granted due to inclement weather or to unforeseeable events that are not caused by the contractor. 21. LIFT STATIONS and SERVICE CENTER are the only properties that can be sprayed. NO WATER SITES. 22. Proof of current license to spray must be provided with the bid documents if your company is spraying. 23. The inability to access property,or inability to mow for any reason, the contractor should bring these matters to the attention of the City's authorized agent, before attempting mow. 24. This Contract will terminate approximately twelve (12) months from date of execution with the option to renew one (1) additional year. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for 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. The City reserves the right to award to as many contractors as Utility Operations deems necessary. During slow periods in the contract, the Utility Operations Department will contract according to low bid. 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. CONTRACT TERMINATION: Page 6 of 24 is'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. Emergency Plan Is invoked as a result of excessive growth and the contractor unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the work load in a timely manner. Contractors should report immediately to Wastewater Conveyance Superintendent Jerome Hudson, all equipment failures, breakdowns, and rain delays in writing within twenty-four(24) hours. Grass Mowing Schedule Month Cut Grass 1st Cut Start By 2nd Cut Start By Jan 1 time/mo 1st thru 15th None Feb 1 time/mo 1st thru 15th None March 2 time/mo 1st thru 5th 15th thru 20th April 2 time/mo 1st thru 5th 15th thru 20th May 2 time/mo 1st thru 5th 15th thru 20th June 2 time/mo 1st thru 5th 15th thru 20th July 2 time/mo 1st thru 5th 15th thru 20th Aug 2 time/mo 1st thru 5th 15th thru 20th Sept 2 time/mo 1st thru 5th 15th thru 20th Oct 2 time/mo 1st thru 5th 15th thru 20th Nov 1 time/mo 1st thru 15th None Dec 1 time/mo 1st thru 15th None Page 7 of 24 BID SHEET BID FOR: Ground Maintenance for Utility Operations BID DUE DATE: December 28, 2016 Name Location Service Address Price per cut Group A Lift Stations& Sewer Plants Main Line 5440 Procter 5400 Procter St. $ 3LS c ()° Valley Forge Valley Forge&Taft Ave. Procter St. Ext. $ °C) Manchester 6600 Gulfway Dr. 6580 Gulfway Dr. $ Pinetop Hwy 366 &Pinetop 4801 Atlantic Rd $ O C) Atlantic Road St. Atlantic Road. &39th St. 3949 Pure Atlantic $ Ck Fairlea Hwy 366&32nd St. 7250 32nd St. $ cfr Highland Heights Highland Heights @ Taft Elementary 2400 Taft Ave. $ q ,00 Delmar 4043 Lakeshore Dr. 4110 Lakeshore $ ?rO d Lewis Dr. 4831 Lewis Dr. (rear) 4729 Lewis Dr. $ t O Peeke Ave 3900 Gulfway(rear) 1621 Brinkman $ 7. DO 8th Ave 3600 Procter St. 3620 Procter St. $ 0 Pioneer Park 3400 18th St. 3435 18th St. $ Water Towers& Misc Pioneer Park 3600 Blk Gates Blvd. $ LI 0 ° 00 Tower Procter St. Ext. Procter St. Ext. &Taft Ave. $ '30 ' O Tower Total Amount Bid for Group A $ 22-6-e•0 7 l2 , z -7 -! (o Signature of Bidde Date Page 8 of 24 Name Location Service Address Price per cut Group B Lift Stations& Sewer Plants Hazel Ave 6140 Hazel Ave. 6160 Hazel Ave. $ 1 O t 00 63`d St. 63`d St. 3100 blk. 63`d St. $ �7 t ©0 62nd St. 2756 62nd St 6257 Jade Ave. S 7 r d 0 West Port Arthur Rd 6441 West Port Arthur Rd 6475 West Port Arthur Rd S 30 e()C) 58th St. 2148 58th St. 2120 58th St. $ 3 ' CO Camelia Plaza Camelia Plaza/WPA Rd WPA Rd. $ 7,- O 6) Lakeside Park 2100 Cambridge 2105 Cambridge S )5-t O El Vista LS 5400 Terrace 5448 Terrace Ave. $ 20 ,00 Roosevelt 5929 Roosevelt Ave 5929 Roosevelt Ave. S -7 t n a Vista Village 5230 Linkwood 5050 Houston Ave. $ Z©r 00 Operations Ctr. 4700 Houston Ave. 4850 Houston Ave. S 'S 0 0 Montrose 8500 Wilson 8530 Wilson S 3t ` 0 0 Hwy 365 1900 blk Hwy 365 1901 Hwy 365 S Zd , OD Dominion Ranch Dr. @ Main B _ Aero Drive Canal S . D ( 00 ''"I Business Park Jade ave.ext. at the service road S , 0 0 Water Towers&Misc West Port Arthur Road Tower WPA Road& 60`h St. $ 3 b `OO 62nd St. &Jade Ave. Tower(vacant site) S cgS r 00 Hwy 365 Tower FM 365 &Main C Canal S Z t) 1 bin Total Amount Bid for Group II $ 3 e CD r I ? _�7"'/ Signature of dder Date Page 9 of 24 Name Location Service Address Price per cut Group C Lift Stations& Sewer Plants Sabine Pass Main S 4TH&Tremont 5080 S. 4TH Ave. $ S. Is'. Ave. S. 1st. &Quinn 7575 S. 1st Ave. $ q 0 0 Dick Dowling S 1 S`&Dowling 6897 S. Is'Ave. $ 9 (� Welch St. 5100 Welch 5130 Welch St. $ C t O C) SH 87 South 6500 S Gulfway 6500 S. Gulfway $ 9. en C) Sabine Pass WWTPS. 4th St. &Tremont $ Water Towers& Misc Sabine Pass GST Next to SP Fire Station 5030 S. Gulfway $ 351 OC) Sabine Pass Standpipe S.2nd Ave. Row&Mechanic St. $ 3s, c'O Across form Chevron refinery @ Gulf Copper Gulf GST&PS dock $ 40' D Across from Scurlock 3C) Q Sea Rim Tank tank farm $ Total Amount Bid for Group C $ Z42.-1 00 Sig�aturevo Bidder 1 Date Page 10 of 24 Name Location Service Address Price per cut Group D Lift Stations& Sewer Plants Lake Charles 1850 Lakeshore Dr. 1850 Lakeshore Drive $ ,.3 D,OD Lakeshore 101 Houston Ave 121 W. Lakeshore Dr. S t 0 e O 0 Grannis 648 W. Procter St. 400 Grannis Ave. $ I 00 Stillwell 1600 19th St. 1600 19th St. S 2F- (*')C Sea Cabin LS S.H.82 @ T.B Ellison Pkwy. S e 00 T.B Ellison Pkwy.@ Disc Disc Golf Course Golf Course $ 5 0(� Water Towers& Misc Railroad Ave. &Thomas Blvd. Tower $ / (o Pleasure Island EST Old Golf Course Road& Rodeo Lane $ I oiSc l) b (Whole Property,cut up to road on all sides,one 24"pass on outside of road that's not maintained by Pleasure Island.) Total Amount Bid for Group D $ 01() /6„..c. Si n to a of Bi der / Date Page 11 of 24 Name Location Price per cut Group F Miscellaneous Sites Water Utilities Service Center 111 H.O.Mills Blvd $ CT)( C)r) Main WWTP 6300 Procter St.Ext $ Hwy 365&Rodair Gully �/ r Port Acres WWTP (2901 Hwy 365) $ New Water Purification Plant 1101 H.O.Mills Blvd. $ ` 5 Dry bed to be included 2200 Blk Norma Old Water Treatment Plant $ LI Cr)( 00 Total Amount Bid for Group F $ ..-7! (t;Q NOTE:THAT THESE SITES MAY REQUIRE MAINTENANCE AS OFTEN AS EVERY TEN(10) DAYS DURING SUMMER MONTHS,BUT ONLY AS REQUIRED BY THE CITY. Group G Miscellaneous Sites Wetlands Reserve Hwy 73 &Savannah $ k-aNY0 Old Water Purification Plant 1401 19th St. Hwy 73 &Savannah Raw Water Reservoir Ave. $ (Slope Mower Required) Total Amount Bid for Group G $ Alt.Bid for Water Reservoir(Bat Wings) $ NOTE:THAT THESE ILL B/CUT AT IRREGULAR INTERVALS,AS REQUIRED BY THE CITY • V" 1P- [2 2 Signature of Bidder Date Page 13 of 24 Name Location Service Address Price per cut Group E Lift stations& Sewer Plants 3rd. Ave. 3400 3rd Ave. 3328 3Rd Ave. S t 7th Ave. Between 30`h& 31 St. 3129 7t Ave. $ q (DO 11th Ave. Between 27th& 28th St. 2805 11th Ave. $ q t 00 Pear Ridge WWTP 3100 blk 42°d St. 3149 42nd St. $ 3D °0 Highway 73 3300 W. Hwy 73 3340 W. Hwy 73 $ J 5 r O(7 39th St. LS 3800 39th 3800 39th $ q t v d Smith Young 4820 39th St. 4548 39th St. S North Plant LS Old North WWTP Site 6439 Twin City Hwy $ 3 „OO 74th St. 74th St. & 9th Ave. 7498 9th Ave. S c)C) 46th St 46th St.dead end 4300 46th St. S . ?5-e (fit Forest Dr.(cut whole lot) Forest& Highland Dr. 4546 Highland Dr. $ 3C`�t O& Twin City Hwy. 4780 FM 365 S ` C Adams Elem. Near School 54459th Ave. $ / t 00 West Park(cut whole lot) West Park&Rosedale 3100 West Park Drive $ ZZ r Water Towers& Misc Lake Arthur Stand Pipe Behind new YMCA @GSU Row $ --t'V • 0 0 Total Amount Bid for Group E S r - l 0) /Z*- Z7 Signature of�idder Date Page 12 of 24 CITY OF PORT ARTHUR,TEXAS BID SHEET Decision will be made based on price and the equipment. COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O.BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. EMAIL FAX NO. Page 14 of 24 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower 5 lQ� (cot (r,� L/Z,5? 3(,,i � .T) Weedeatert' cD N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw 3 N/A Blower N/A Edger l N/A Number of Employee that will mow the Lots S / © IZ-a /(a ignature oyrroposer 7 Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 15 of 24 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: v Printed Name: /7_ (j e �t he Title: y D CLQ Company: Ay‘pbc� Zawfro 4r-e l�-WA(2in Date: •_z/q SUB C IBED an �� orn to before me by the abC named . �"�49V1Lon this the OW" day of t✓I�` Y , 20 U . Notary Public in and for the State of Texas r�i1 My commission expires: 1"3U—i q RHONDA CHERT CONNER ': MY COMMISSION EXPIRES sr,QF; January 30,2017 Page 16 of 24 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 ree 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. lt1l ra Irr.c9,Girt 4-) r-lypi ; 2 -2/ Firm Name Date Authorized SigZture Title / Name (please print) Telephone a irGiGJ_L� t)Ccre Y776n) rGovr�'j Email STATE:JA" !) COUNTY: J 1rvt- SUBSCRIBED AND SWORN to before me by the above named • t Ottjne- b-ew on this the 01— day of bomber,( � (.D . RHOhDA CHER1 CONNER di 11-111 ' V� MY COMMISSION EXPIRES Nota 'ublic January 30,2017 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 17 of 24 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 176001(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. Sae 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. 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.) J Name of local government officer about whom the information is being disclosed. Name of Officer ,J 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 I kely 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. Check this box if the vendor has given the local government officer or afamily 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). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commissiort www.ethics.state.tx.us Revised 11/30.2015 i ZZ/ —\Ca 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:/twww.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)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 19 of 24 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C,Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee,official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 20 of 24 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operations,P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. Page 21 of 24 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to Page 22 of 24 terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The 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. Page 23 of 24 • 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 24 of 24