HomeMy WebLinkAboutPR 19817: TERMINATING THE CONTRACT WITH LONG CLAW CONTRACTORS, LLC P. R. No. 19817
07/24/17 ca
RESOLUTION NO.
A RESOLUTION TERMINATING THE CONTRACT WITH LONG
CLAW CONTRACTORS, LLC PURSUANT TO RESOLUTION NO. 17-
049, AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND DERRICK & NOAH LAWN SERVICE OF PORT
ARTHUR, TEXAS FOR GROUP 3B AND SOUTH EAST TEXAS LAWN &
MAINTENANCE OF BEAUMONT, TEXAS FOR GROUP 6 FOR
MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-
WAYS, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF
$46,200.00. FUNDING AVAILABLE IN PARKS ACCOUNT NO. 001-1207-
531.31-00
WHEREAS, on February 28, 2017, the City Council awarded a contract for mowing
various city properties, parks and right-of-ways in the city designated as Groups 3B, 5 and 6 to
Long Claw Contractors, LLC of Seabrook, Texas, in the amount of $54,150 pursuant to
Resolution No. 17-049; and,
WHEREAS, Long Claw Contractors, LLC has indicated that due to operational and
personnel issues, the company will not be able to fulfill the contract as delineated in Exhibit "A";
and,
WHEREAS, the Purchasing Division and Department of Parks and Recreation staff
recommend the City Council terminate the contract for mowing various city properties, parks
and right-of-ways in the city designated as Groups 3B, 5 and 6 with Long Claw Contractors,
LLC of Seabrook, Texas in the amount of$54,150; and, •
WHEREAS, sixteen(16) bids were received and opened on January 11, 2017, Derrick &
Noah Lawn Service of Port Arthur, Texas for Group 3B and South East Texas Lawn &
Maintenance of Beaumont, Texas for Group 6 were the next lowest and most responsive bidders
that met all the requirements; as shown in the bid tabulation attached as Exhibit"B"; and
P. R. No. 19817
07/24/17 ca
WHEREAS, Derrick & Noah Lawn Service for Group 3B and South East Texas Lawn &
Maintenance for Group 6 has expressed that they are still interested in cutting the mowing areas
as attached hereto as Exhibit"C".
WHEREAS, the next lowest and most responsive bidder for Group 5 already has a
significant amount of mowing the City decided to re-bid Group 5; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
Section 1. That the City Council hereby terminates the contract with Long Claw
Contractors, LLC of Seabrook, Texas pursuant to Resolution No. 17-049, which awarded a
contract for mowing various city properties, parks and right-of-ways in the city designated as
Groups 3B, 5 and 6 in the amount of$54,150.
Section 2. That the City Manager is hereby authorized and directed to execute on
behalf of the City of Port Arthur, contracts for the period of August 1, 2017 to March 19, 2018,
with the option to renew for two additional one-year periods between the City of Port Arthur and
Derrick & Noah Lawn Service of Port Arthur, Texas for Group 3B (Exhibit "D") and South East
Texas Lawn & Maintenance of Beaumont, Texas for Group 6 (Exhibit"E").
Section 3. That the estimated number of cuts for the year is thirty.
Section 4. That the contracts are for one year and are renewable for two additional
one-year periods.
Section 5. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
P. R. No. 19817
07/24/17 ca
READ, ADOPTED AND APPROVED THIS day of , A.D., 2017,
at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
f1 �
Val Tizeno,
City Attorney
APPROVED AS TO ADMINISTRATION:
Brian McDougal
City Manager
Jerry Smith
Director of Parks and Recreation
P. R. No. 19817
07/24/17 ca
APPROVED AS TO THE AVAILABILITY OF FUNDS:
Rosie Vela
Interim Director of Finance
Oghd..L AfitAtt,'
Clifton Williams
Acting Purchasing Manager
EXHIBIT "A"
LONGCLAW
CONTRACTORS
City of Port Arthur,TX
Attn:Yolanda Scypion-Goudeaux
P.O. Box 1089
Port Arthur,TX 77641
Subject: Contract for Mowing of Various City Properties, Parks,and Right-of-Ways (Groups 3B,5, 6)
This letter is to inform the City of Port Arthur that Longclaw Contractors is formally requesting to
mutually agree to terminate the above reference contract. We would like to terminate all three Groups
(3B, 5, 6) on the contract. We have tried to discuss some of the issues we have had with the city and this
has not been resolved.These issues include the following: adding services and areas to our contract that
were not there at the time of bid, not approving our invoices until said added services are preformed,
not responding in a timely manner to get approvals for a cut, etc. Additional issues were outlined in the
letter from our attorney.
We hope we can mutually terminate this contract. Even though this would be a mutual termination, we
understand that we will not be able to bid projects for the City of Port Arthur for one year. Please let us
know if you have any questions.
Respectfully Submitted,
David Davis
Longclaw Contractors
4306 Stacy
Seabrook,TX 77586
281.250.2291
EXHIBIT "B"
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BID TAB
AWARD COST TABLE
DESCRIPTION BIDDER AMOUNT ESTIMATED ESTIMATED
PER CUT CUTS ANNUAL
DERRICK & NOAH LAWN
GROUP 3B SERVICE $800.00 30 $24,000.00
GROUP 6 SOUTH EAST TEXAS LAWN &
MAINTENANCE $740.00 30 $22,200.00
ESTIMATED TOTAL $46,200.00
EXHIBIT "C"
Chandra Alpough
From: Yolanda Scypion-Goudeaux
Sent: Monday,June 12, 2017 11:50 AM
To: Chandra Alpough
Subject: FW: per our conversation
Yolanda Scypion-Goudeaux
Purchasing Assistant
City of Port Arthur, 1'X
P.O. Box 1089 I /WI 4th St. ( Port Arthur,TX 77641
409.983.8177 la 409.983.8291 Eyolanda.goudeaux(2iportarthurtx.gov www.portarthur.net
From: DERRICK JACKSON [mailto:drrckiackson68@gmail.com]
Sent: Monday,June 05, 2017 9:16 PM
To:Yolanda Scypion-Goudeaux<yolanda.goudeaux@portarthurtx.gov>
Subject: Re: per our conversation
Yes I'm still interest in cutting area 3B for 800.00 dollars
Sent from my iPhone
On Jun 5, 2017, at 4:57 PM, Yolanda Scypion-Goudeaux
<yolanda.goudeaux@portarthurtx.gov> wrote:
Hwy Derrick, I am sorry I am just getting back with you about cutting that
area for parks . Are you still interested in cutting Area 3B for $800.00? if you
are please send me something in writing like you did last time . Please and
Thank you
1
Chandra Alpough
From: Yolanda Scypion-Goudeaux
Sent: Monday,June 12, 2017 11:47 AM
To: Chandra Alpough
Subject: FW: Parks
Yolanda Scypion-Goudeaux
Purchasing Assistant
City of Port Arthur,TX
P.O. Box 1089 I 444 4th St. I Port Arthur,TX 77641
409.983.8177 (a 409.983.8291 I®yolanda.goudeaux@portarthurtx.gov I www.portarthur.net
From:Anthony Young [mailto:ayoungsetx@gmail.com]
Sent: Friday,June 09, 2017 9:17 AM
To:Yolanda Scypion-Goudeaux<yolanda.goudeaux@portarthurtx.gov>
Subject: Parks
South East Texas Lawn &Maintenance accepts group 6 in the amount of$740
i
Yolanda Scypion-Goudeaux
Purchasing Assistant
City of Port Arthur,TX
P.O.Box 1089 I 444 4th St. I Port Arthur,TX 77641
409.983.8177 I 409.983.8291 I Eyolanda.goudeaux@portarthurtx.gov ( www.portarthur.net
From: DERRICK JACKSON [mailto:drrckjackson68@gmail.com]
Sent:Thursday, April 27, 2017 8:53 PM
To:Yolanda Scypion-Goudeaux<Yolanda.goudeaux@portarthurtx.gov>
Subject: Re: per our conversation
Yes I am still willing to cut group 3b for 800.00 thank you. Derrick Jackson .
Sent from my iPhone
On Apr 27, 2017, at 5:23 PM, Yolanda Scypion-Goudeaux
<yolanda.goudeaux@portarthurtx.gov> wrote:
<image001.gif>
I Hi,please send per our conversation
Yolanda Scypion-Goudeaux
Purchasing Assistant
City of Port Arthur,TX
P.O. Box 1089 I 1111 4th St. I Port Arthur, 1X 77641
409.983.8177 I 8 409.983.8291 I Hyolanda.goudeaux@portarthurtx.gov I
www.portarthur.net
<image002.jpg>
2
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3
EXHIBIT "D"
CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES,
PARKS AND RIGHTS-OF-WAY IN GROUP 3B 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 from date stated in the Notice to Proceed until
March 19, 2018, 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 being available in any
budget cycle with thirty (30) days written notice.
2. The Contractor will perform mowing of properties and Rights—of—Way in Group 3B
for$800 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
6. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in (2 copies) each of which shall be
deemed an original on the date first above written.
Signed on the day of 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 5711 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
ort rrhur..r— 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 Immigant Park. Immigrant Park should be
cut 20 days. Immigant 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.
2.1'2 — Notice —A representative from the Parks and Recreation department will call
contractor in for a meeting.
3rd 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? l /,re
Clifton Williams, CPPB
Acting Purchasing Manager
/-6 -aol7
Signature of idder Date
DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL
RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER
Eneticr
COUNCIL MEMBERS: City of City SHERRI BELLARD,TRMC
TIFFANY CITY SECRETARY
IFFANY HAMILTON
MORRIS ALBRIGHT,III VAL TIZENO
KEITH RICHARD ort rthur CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI Teti'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 (I) original and one (I) 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 writinc'to:
City of Port Arthur,TX
Yolanda Scypion-Goudeaux, Purchasing Assistant
P.O. Box 1089
Port Arthur,TX 77641
Yolanda.goudeaux(a portarthurtx.gov
Purchasing Division/Finance Department 1 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:
l" 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 32"d Street
C. Sunken Court Boulevard Esplanade-Twin City to Lombardy
D. Evergreen Boulevard Esplanade. Griffing to Tyrell
E. Twin City Highway at 32"d 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) - 9`h 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 9`h 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) - 9`h 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. 62"d Street
B. 63rd Street
C. Easy and 62nd Street
D. Diamond and 62"d 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 I 0 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 $ /yo
Hollywood at 32"d Street $ 4i0 • 'v
Sunken Court Blvd Esplanade-Twin City to Lombardy $ /c,�o
Evergreen Blvd Esplanade-Grilling to Tyrell $ / qo '6'
Twin City Highway at 32'Street $ Pio • °47
Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights-
of-Way) only. S
TOTAL GROUP 1 ' S ,.,{o 0
GROUP 2-SOUTH GRIFFING PARK
Hermann Park $ J -
Rosedale at Date Street $ /ac
Glenwood at Date Street $ iac o
Evergreen at Forest Drive $ /ate 0 0
Evergreen at Glenwood $ / S- • o
9th Avenue at Evergreen $ /i a a
Las Palmas Blvd Esplanade from Grilling Drive to South End of Blvd. $ aS
Oaklawn Rights-of-way to Dryden Road $ /,2 c '
TOTAL GROUP 2 $io a 0
GROUP 3 (A) - (Section 1)
9th Ave. Esplanade in center front of library to Stillwell Technical $ Ji2s- ' "
Immigrant Park $ l a2 S 0
Blackberry to Lake Arthur 9th Avenue $
9th Avenue Regional $ /2s 0 0
TOTAL GROUP 3(A) $ Soo
GROUP 3 (B) -(Section 2)
Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides j $ 02.0±:_a D
Babe Zaharias Park i $ goo '1' 1"
Turtle Creek Drive $ a 00 •e.'
Central Mall Drive $ ‘2,00 ' "
TOTAL GROUP 3 (B) S $b0 • o a
- /
Signature of Bi ,tier
Page 1 1 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 $ 1025- ' oa
Roosevelt Park $ )2s . '1"
Hughen Park $ 1a S".
Civic Park $ 1 AS- • c" 1"0
Flats on Lakeshore Drive $ 1.25 . vie.;
Krammer $ l a$ o
Schuh Place $ /a o 0
Bledsoe $ la S o 0
Doumasha
TOTAL GROUP 5 S /47c. a o
Group 6—Port Acres/EI Vista Areas
Eagle Park $ �1Oo• oz.
El Vista Park $ oC • "a
OO
Lakeside Park $ d CO ' °D
Montrose Park $ ,200 • 0 0
Ray Park at Shirley and Ray $ _aDO ' 0
TOTAL GROUP 6 S /Doo • 0 a
Group 9
London Bridge Park $ JS-'p .1"
North Side Underpass 4, Hwy 73 & 347 $ J5D
Cecil Reynolds Park $ /CD • '
TOTAL GROUP 9 S 416-0 o
Group 10
Medical Center Blvd from West Jimmy Johnson to Hwy 365 $ 02co ` 0 0
West Jimmy Johnson to dead end $ 9.00
TOTAL GROUP 10 S
Group 11 —Lakeside Addition-Rights-of-Way
Cambridge $ /42‘• oa
Robin Hood $ 1026-. oa
Salisbury $
Prospect $ /a o-�
Waverly $ /aSe- b a
TOTAL GROUP 11 S 6, °I'
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 $ 192S o a
63`d Street $ J?c 00
Easy and 62nd Street $ 1a 4'"?
Diamond and 62°d Street $ ns-- 0 °
Diamond and Russell $ lips—. DO
Hazel and Russell $ la oa
59th Street and Jade $ 'as o a
Silver and 63`d Street $ /oZ5.•
oo
Hwy 73 and Jade(off H.O. Mills) $ 1 c 00
64th Street(2 right-of-ways at this location) I $
65th Street $ /95."
Dorsey $ /2f• o
66th Street $ tar. o a
TOTAL GROUP 12 $ j 00
�`k s /vz,c,h L, e 37( 140<e_Itz,zaic
COMPANY NAME STREET ADDRESS
A
SIGNAT RE OF BIDDER P.O. BOX
-SA-150A) � IJu,c ,-3 774q t-
PRINT OR TYPE NAME CITY STATE ZIP
6c)n&it. 6/o i 7fq g37 7
TITLE AREA CODE TELEPHONE NO
DRAG leZ-Ac,ksbAn/(Xg :1.cze\ N 4
EMAIL FAX NO.
Equipment List
Page 13 of 23
Equipment Qty Size of Cutting Deck
Bush Hog
Zero Turn or Riding Mower p1 Lla' b I ' '
Weedeater N/A
Hedge Trimmers / N/A
Walk Behind / N/A
Chainsaw g- N/A
Blower � N/A
Edger I N/A
Number of Employees 3
Zen /- 6 -070 / 7
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 5
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:
0e/fret)l,„4.----
Printed Name:
Title:
OWAo_rt..
Company: aiG� & Ani40 Sem,c•,--S
Date:
SUBSCBED and sworn to before me by the above amed e(J'l,..t.- ,)AcC.,n on this the 6day of c.-.-- , 20 1 .
- jia /1 77 ,
d (} t-r �t7
Notary P bi c in and for the
State of - as
My commission expires: H /iZ ( 2-, 7
'- )'.., S RBUNNI
( , NOTARY Pt1g�C SLATE OF
NOTARY 01 g,g
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.Q,kic k s 11204,k 1-6 - ,20 17
Firm Name Date
O(rJ11
Authorize Signature Title
Name (please print) Telephone
D z tok Paso .4 8. Spic.i'1 . cz
Email
STATE: 1�.re...3
COUNTY: 3 f4eLsary
SUBSCRIBED AND SWORN to before me by the above named r i c.IC�E}L(LSc�'1
on this the • da o 111/ �- ,20/, •Y1, . r BETTYRBUN f �4�
NLTm7 PUBLIC STATE OF TEXAS MY COMM EXP 11(1212oi 7 Notary P; 'c
14ocij M0TARY 1012549219-9
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 Lag., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code. by a vendor who
Data Rxaived
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. Sae 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.
11 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.)
1.1 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
CIO as necessary.
A. Is the kcal 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
Iccal 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 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 I/ �a�-1
g g business with the governmental entity Cate
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/G176.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)(2XA)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,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 "E"
CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES,
PARKS AND RIGHTS-OF-WAY IN GROUP 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 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 from date stated in the Notice to Proceed, until
March 19, 2018, 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 being available in any
budget cycle with thirty (30) days written notice.
2. The Contractor will perform mowing of properties and Rights—of—Way in Group 6 for
$740 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
6. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in (2 copies) each of which shall be
deemed an original on the date first above written.
Signed on the day of 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
cITY OF PORT ARTHUR,TEXAS
ort rlhur"r— 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 tern-is on page 7 of 23: Is' 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`i 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.
oza;_
Clifton Williams, CPPB
Acting Purchasing Manager
Signature of Bidder Date
CITY OF PORT ARTHUR,TEXAS
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: 1s` 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.
/4, �/2 1§,e4,
Clifton Williams, CPPB
Acting Purchasing Manager
Signature of Bid -_� Date
DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL
RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: f
City of SHERRI BELLARD,TRMC
CITY SECRETARY
TIFFANY HAMILTON
MORRIS ALBRIGHT,III VAL TIZENO
KEITH RICHARD ort r t h u r CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI t,i,
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 (I)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.uoudeau x'nportarthurtx.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 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., Ciri Flail 5th floor Council Chambers 444 4`h 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 TN
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-WA Y IN THE CITY OF PORT ARTHUR
. SCOPE OF WORK
I.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
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. 64`" 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 I 1 -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 $ !7S
Hollywood at 32nd Street $ G o
Sunken Court Blvd Esplanade-Twin City to Lombardy $
Evergreen Blvd Esplanade-Griffing to Tyrell $
eto
Twin City Highway at 32nd Street $ ,()
Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights-
of-Way) only. $ CIO
TOTAL GROUP 1 $ .c35
kA55
GROUP 2-SOUTH GRIFFING PARK
Hermann Park $
Rosedale at Date Street $ 90
Glenwood at Date Street $ rt O
Evergreen at Forest Drive $ 91)
Evergreen at Glenwood $ 410
9th Avenue at Evergreen $ �{D
Las Palmas Blvd Esplanade from Griffing Drive to South End of Blvd. $ $0
Oaklawn Rights-of-way to Dryden Road $ V
TOTAL GROUP 2 $ L.+$Jr
GROUP 3 (A)-(Section 1)
9th Ave. Esplanade in center front of library to Stillwell Technical $ 3 L
Immigrant Park $ t 4 8
Blackberry to Lake Arthur 9`h Avenue $ ay g
9`h Avenue Regional $ .y g
TOTAL GROUP 3(A) $ 19 a--
GROUP
GROUP 3 (B)-(Section 2)
Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides $ 3LI '
Babe Zaharias Park $
Turtle Creek Drive $ Ly g
Central Mall Drive $ 9_4 9
TOTAL GROUP 3 (B) $
Si atu of
Page 1 I 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 $ 125
Roosevelt Park $ (2 r
Hughen Park $ a 5
Civic Park
Flats on Lakeshore Drive $ J 25
Krammer $ 5 0
Schuh Place $ 5 a
Bledsoe $ 50
Doumasha S y a
TOTAL GROUP 5 $ 82
Group 6—Port Acres/El Vista Areas
Eagle Park $ I
El Vista Park $ 1,2-5
Lakeside Park $ 12.5
Montrose Park $ )2.5
Ray Park at Shirley and Ray $
TOTAL GROUP 6 $ 14 O
Group 9
London Bridge Park $ S 0
North Side Underpass @ Hwy 73 &347 $ 125
Cecil Reynolds Park $ i 5 0
TOTAL GROUP 9 $ ita5
Group 10
Medical Center Blvd from West Jimmy Johnson to Hwy 365 $ t 75
West Jimmy Johnson to dead end $ 1 .1 6
TOTAL GROUP 10 $ 35 0
Group 11 —Lakeside Addition-Rights-of-Way
Cambridge $ lab
Robin Hood $ 12 0
Salisbury $
Prospect $ i 2-0
Waverly $ 0
TOTAL 12G/ROUP 11 $ (,OO
40--g2A--
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 $ 14r
63rd Street $ 110
Easy and 62nd Street $ go
Diamond and 62nd Street $ 4 0
Diamond and Russell $ 40
Hazel and Russell $ tl o
59th Street and Jade $
Silver and 63rd Street $ t.{p
Hwy 73 and Jade(off H.O. Mills) $ 9 D
64th Street(2 right-of-ways at this location) $ y b
65th Street $ 4
Dorsey $ '1 o
66th Street $ L4 p
TOTAL GROUP 12 $
5e44-4 &374:4 as Lit cv 111A: 1.
COMPANY NAME STREET ADDRESS
,2_22 72_
SIGNATURE O E�R.-J P.O.BOX
/41-rattyDynt� Ee�unkoa'f 7y 777.20
PRINT OR TYVE NAME CITY STATE ZIP
(Lies (yoq) 4-1(p 21'1
TITLE AREA CODE TELEPHONE NO
Ayoun, tX 3) ivi l,(-o (14z g/3 —.29Gv2
EMAIL FAX NO.
Page 13 of 23
Equipment List
Equipment Qty Size of Cutting Deck
Bush Hog
k
Zero Turn or Riding Mower -I S
Weedeater N/A
Hedge Trimmers N/A
Walk Behind N/A
Chainsaw N/A
Blower N/A
Edger N/A
Number of Employees S"
% /'-
Signature of p se 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: 47l o sur
Title: ' 7
OWel 1 ,-
Company:
5L44 (p—ias Labom 94/1%
ce 41_
Date:
rig 7
SUBSCRIBED and sworn to before me by the above named -NAM/tont/ \(.ou ' '- on this the
day of ',J U t , 2011 .
• - ,kgs
___ _ o..ry Public in an for the
'— p ---JOANNAALFARD ~t State of Texas
2%42. Notary Public,State Of Texas! 0 g1 03/ p J Q
vy Comm.Expires 02-03-2018 My commission expires: U
��P My NotaryID#129697648
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
a Bement for the payment of said debts. I further agree to pay succeeding debts as they become due.
,•,.71-1 /1.:45-74- T r s LA 4-,,,-/ ,/tentiiaCC"' / 711 17.
Firm Name Date
Authorized Sign ture Title
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SUBSCRIBED AND SWORN to before me by the above namedkkiW 0--LA V0 'RA
on this the k day of 30.,"-u`ter`(',20 11
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RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
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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.
A Name of vendor who has a business relationship with local governmental entity.
Jn '
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.)
A Name of local government officer about whom the information is being disclosed.
Name of Officer
J 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. /
A. I: the cal. governmen officer 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 resolving 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 AD the taxable income is not received from the
loc: governmental e tity?
I
Y_ No J
1.1
Describe each e {•loyment or business elationship tha'the vendor named in Section 1 maintains with a corporation or
other business a 1tity with respect to which the local government officer serves as an officer or director, or holds an
ownership interes of one percent or more.
J
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).
LI
` /AO
Signature of vendor doi .f'•usi -ss with Ar.ovemmental 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/LGlhtm/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)(2XA)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
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);
(8) 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 1TB 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