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HomeMy WebLinkAboutPR 20777: MOWING CONTRACTS FOR GROUPS 1, 2 ,3C, 7B, 9, 11 AND 12 OZ:4 or! rthur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 10, 2019 To: The Honorable Mayor and City Council Through: Rebecca Underhill, Interim City Manager From: Chandra Alpough, Director of Parks and Recreation RE: P.R. 20777—Mowing Contracts for Groups 1, 2, 3C, 7B, 9, 11 and 12 Introduction: The intent of this Agenda Item is to request the City Council's approval of P. R. No. 20777 authorizing the City Manager to execute contracts with DMJ Landscaping of Port Arthur, Texas for Groups 1 and 3C, Whit's Grass Cutting of Port Arthur, Texas for Group 2, Amelia Lawn Care & Landscaping of Groves, Texas for Group 7B, South East Texas Lawn & Maintenance of Beaumont, Texas for Group 9 and Williams Transport of Lumberton, Texas for Groups 11 and 12 for mowing of various city properties, parks and right-of-ways with a projected budgetary impact of$63,756.00 per year. Background: The Parks and Recreation Department is responsible for the mowing of various City parks and right-of-ways year round in the City of Port Arthur. The City Council and the City Manager have made the appropriate maintenance of City Parks and right-of-ways a priority. In keeping with this mandate, the Parks and Recreation Department has strengthened contract specification enforcement for mowing vendors and renewals are only offered to vendors who have satisfactory evaluations as determined by Parks and Recreation staff. Budget Impact: Funds are available in the following account: 001-1207-531.31-00 Recommendation: It is recommended that the City Council approve P. R. No. 20777 authorizing the City Manager to execute contracts with DMJ Landscaping of Port Arthur, Texas for Groups 1 and 3C, Whit's Grass Cutting of Port Arthur, Texas for Group 2, Amelia Lawn Care & Landscaping of Groves, Texas for Group 7B, South East Texas Lawn & Maintenance of Beaumont, Texas for Group 9 and Williams Transport of Lumberton, Texas for Groups 11 "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 and 12 for mowing of various city properties, parks and right-of-ways with a projected budgetary impact of$63,756.00 per year. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R. No. 20777 04/02/19 ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS & RIGHT-OF-WAYS BETWEEN THE CITY OF PORT ARTHUR AND DMJ LANDSCAPING OF PORT ARTHUR, TEXAS FOR GROUPS 1 & 3C, WHIT'S GRASS CUTTING OF PORT ARTHUR, TEXAS FOR GROUP 2, AMELIA LAWN CARE & LANDSCAPING OF GROVES, TEXAS FOR GROUP 7B, SOUTH EAST TEXAS LAWN & MAINTENANCE OF BEAUMONT, TEXAS FOR GROUP 9, WILLIAMS TRANSPORT OF LUMBERTON, TEXAS FOR GROUPS 11 & 12, WITH A PROJECTED BUDGETARY IMPACT OF $63,756.00 PER YEAR. FUNDING AVAILABLE IN PARKS ACCOUNT NO. 001-1207-531.31-00 WHEREAS, eighteen (18) bids were received and opened on March 20, 2019, mowing various city properties, parks and right-of-ways in the city and have been evaluated by the Parks and Recreation Department and Purchasing, as shown in the bid tabulation attached as Exhibit "A"; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to execute on behalf of the City, one year contracts, with the option to renew for two additional one-year periods between the City of Port Arthur and DMJ Landscaping of Port Arthur, Texas for Groups 1 & 3C (Exhibit "B"), Whit's Grass Cutting of Port Arthur, Texas for Group 2 (Exhibit "C"), Amelia Lawn Care & Landscaping of Groves, Texas for Group 7B (Exhibit "D"), South East Texas Lawn & Maintenance of Beaumont, Texas for Group 9 (Exhibit "E"), Williams Transport of Lumberton, Texas for Groups 11 & 12 (Exhibit"F"); and, THAT,the estimated number of cuts for the year is twenty-one; and, THAT, the contract is for one year, with an option to renew for two additional one-year periods; and, P. R. No. 20777 04/02/19 ca THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , A.D., 2019, 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: ��r►► a 4i of ;ate Va eno, City i ttorne P. R. No. 20777 04/02/19 ca APPROVED AS TO ADMINISTRATION: Rebecca Underhill Interim City Manager Chandra Alpough Director of Parks and Recreation APPROVED AS TO THE AVAILABILITY OF FUNDS: lady Dads latuim Director of Finance e/ k&zL Cliftoi Williams Purchasing Manager EXHIBIT "A" o -, c c = 0 ' tz i 0 n n �- -, S2o -0 o Cr ro V' fto • a- a " Qo r* m cn -0 -. ro is y r- T a `^ r. O - rao ro = Q Q n a p z N 6) 0 a o <, a .� 0 a a r- 0 0 z a ^ ° o t o a 3 % a 0 cm a a r - _ C a 'a z c a, 0 Q a o a c o' a 00 IZ rD 3 r- aCI IA, a r- a ro `a c ILI V, a m R' 'o a H 4 n a 0 Z L0 o r 'O -o -o v co -0 -0 v -0 W -0 -0 -0 W v C 0 0 0 O m O O O 0 O O O O O O O 0 Z c- 3 4 rte-. rr t rte. 0) 4 74 4 4 r+ rT .- r7 .- r•r 4 n cc Is > c > > > > > > > > a D0 at ss s 0in 4 = s s O = s = = = = v, s 0 c c c c rt c c c c c c c c c c c 12• n <CI < < cD CCo CD rD m m rn z < < < TCDD CCD CD z O 0 c • v, V) Cl) V, V, V, V, Cl) V, V, O Cl) Cl) Cl) V, Cl) V, O Q CO C m 1 a 3• r C p� -J) -V)- iJ) v> -Ch. in- in. n a p in C c0 z 0 0 o C !-' c 0 0 !-' rt 8 0. O J n O o -� n �� co A co co 00 A co LID N V7 d W co N A A l!r ftp C -7 a CA p p o u�r Q =" �Vrr o yr fl o n COpo n -0 n c v' o 0 o a o 0 o a O o 0 0 ~' 3 .4 r^ O �' o 0 CD CD 0 CD 0 0 0 0 . < n T 00 7 2 'i W -0 Din in- in. in- tR in. in- ih in in- in- in t/) n0'Q 61 '.‹ 0. O v, o 0 0 o p -o 0 = -0 _I xi r`^+ Z s s s• _0 Z - ..•* ,fir 0 41 -1 v o c c c !--' c 0 b 0 !D S 'a Cr D co O lJ i O �A+ v -• C O O Cu 00 O Cr) A co O -1 •a A g T - O) -1 a O -�. O O O ~'• ='• O In O ~' Ui O O co O- O n 1'' O .4. .•r oa000aa000ao000 b ,_.' N 0 N O C O 0 0 0 O O O O O O O O n n 323 iJ) Ci, in. in in. in in- in- iJ> ir) iJ) in- o O c - m Z !-' Z Z !--' Z Z W N N N Z ;-' �.r CI n 0 x O v 0 o C O O O iv lD O V 0-, co m p O -0 O C -• > W 0 co co !J1 0 W co U•r V7 O N U•r Cr U•I A co CD rD C I--� - N a 0 a a z; O a a 0 0 0 0 0 0 0 co a 0 n 'a �p oa o ro 0 0 0 0 0 0 0 0 0 o n w a� S O a o 0 0 0 0 0 o 0 0 CD • 3 7 6 �* in i>* i>? u* i>? i>) +� +�* u? to to n !Pi o Z Z ,, z -' C 0 Co U'r 0 b . 0n 0 Ul 0) 00 A U•r A co 01 W In I 2 W O Ui W O O O W O O O O O 00 O tO N O n) Ln a CD CD a 0 CD 0 a CD 0 CD CD CD Lc, CD LD LT) o n 'a v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a v N o 0 CD 0 CD 0 0 0 0 0 0 0 0 00 .- in. in i!) ill- to in in IJ) -J) in VI- CO J) n m o 0 0 0 a z .0 z .0 .0 . z - m 0 c o c c i r- c 0 O Co A d 00 Cr) W co v O Co CD d V v 00 Co A U•r -. C a 0 .. a UD 00 =; =.-; N A V �; O A a r- o O (0 lD O �D (T) A O U) rD' 000 00 O r to O Q_ lD O Q a 0 0 0 0 O O O O O .4 O LID O 0 0 0 O O O O O if) in- n o M Z Z Z ZZZZZZZZZZZZZ rt 8 O O O O O O O O O O O O O O O O b O U TS W C° W WO W W W CO CO CO W CO W W CO CO co o a a a 0 a a a a a a a a a a a a a n F, b b e f+ 0 o r* in- in o M Z Z Z !-' Z Z Z Z Z Z Z Z Z Z Z Z Z O U•r O O O r-aO O O 0 0 0 0 0 0 O 000 a Co co co ui LD CO W CO CO W CO co co co co co co co -a o a a a a a a a a a a a a a a a a LD n r 0 LO 0, N BID TAB AWARD COST TABLE DESCRIPTION BIDDER AMOUNT ESTIMATED ESTIMATED PER CUT CUTS ANNUAL GROUP 1 DMJ LANDSCAPING $ 447.00 21 $9,387.00 GROUP 2 WHIT'S GRASS CUTTING $ 400.00 21 $8,400.00 GROUP 3C DMJ LANDSCAPING $ 649.00 21 $13,629.00 AMELIA LAWN CARE & GROUP 7B LANDSCAPING $ 325.00 21 $6,825.00 SOUTH EAST TEXAS LAWN & GROUP 9 MAINTENANCE $ 380.00 21 $7,980.00 GROUP 11 WILLIAMS TRANSPORT $ 250.00 21 $5,250.00 GROUP 12 WILLIAMS TRANSPORT $ 585.00 21 $12,285.00 ESTIMATED TOTAL $63,756.00 EXHIBIT "B" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY IN GROUPS 1 AND 3C IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of ,2019, 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 Leona Clayton Victor doing business as DMJ Landscaping hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one-year period. The City can terminate this contract at its convenience which includes, but not limited to, funding 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 1 for$447 and Group 3C for$649 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 2019. OWNER: CITY OF PORT ARTHUR Rebecca Underhill Interim City Manager Signed on the day of 2019. CONTRACTOR: DMJ Landscaping Leona Clayton Victor CITY OF PORT ARTHUR Invitation to Bid Moving of Various City Properties, Parks and Rights-of-Ways February 28,2019 March 7, 2019 •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,March 20,2019 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 20,2019 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.norta_rehur n r or www.publicpurchase.co,., • 11.4i � �- �i : t� ut h D 1_ t fie ' t_llC t- u: ' : , ARTHUR.TEXAS, L e ) IL '_amu. 4• _Y:. 7111• •Y . 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 Purchasing Manager FIRST PUBLICATION: Feb OF PORT ARTHUR,TEXAS rnary 28,2019 VERTLSEMENT FOR BIDS SECOND PUBLICATION: March 7,2019 IAT sealed bids,addressed to the City of Port Arthur,will be received at the Office of theiUi Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur, Texas 77641 no later than 3:00 p.m.,Wednesday,March 20,2019 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 20,2019 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,portarthurnet or www,publicpurchas,.com, - :_fir: e : t u1 _ Vi :1 DIED •RD M•_ ' 2019 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS.444 4TH STREET.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 Purchasing Manager FIRST PUBLICATION: February 28,2019 SECOND PUBLICATION: March 7,2019 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, March 20, 2019 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, March 20, 2019 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.portarthurtx.gov or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY MARCH 14, 2019 AT 2:00 P.M., CITY HALL 57-11 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 Purchasing Manager FIRST PUBLICATION: February 28,2019 SECOND PUBLICATION: March 7,2019 0 CITY OF PORT ARTHUR,TEXAS :ADDENDUM NO. ONE (1) March 15,2019 Quotes For: Mowing of Various City 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. Mowing contractor must wear Personal Protection equipment while performing contractual duties. Examples are Safety Vest,Safety Glasses, Gloves. 2. Groups 11 and 12 the contractor will cut on the 15`x' of each month. 3. Attached is a revised schedule. 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. 6 /,► 1.4.441; Clift./ Williams, CPPB Purchasing Manager 3/a07/f Signature of Proposer Date DERRICK FORD FREEMAN,MAYORHARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM City of \ INTERIM CITY MANAGER COUNCIL MEMBERS: /` � SHERRI BELLARD,TRMC RAYMOND SCOTT,JR fi r r r t h u--r CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK MARCH 4, 2019 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, March 20, 2019. (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, March 20, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-041 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writinkr to: City of Port Arthur, TX Clifton Williams,Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov The enclosed Invitation to Bid(ITB) and accompanying General Instructions, Conditions and 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 Purchasing Manager Pagc 2 of 24 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 March 14, 2019 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 24 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 24 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 11-12 B. EQUIPMENT LIST- 13 C. NON-COLLUSION AFFIDAVIT-PAGE 14 (MUST BE NOTARIZED) D. AFFIDAVIT-PAGE 15 (MUST BE NOTARIZED) E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN &DATE ON LINE 7- PAGE 16 F. CHAPTER 2252 CERTIFICATION-PAGE 18 G. HOUSE BILL 89 VERIFICATION-PAGE 19 Page 5 of 24 SPECIFICATIONS FOR GRASS 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 right-of-ways 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 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, 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 Limits of mowing are defined as the property lines of park right-of-way 8-10 feet off pavement. Corners at intersections will be moved a 45 degree to intersection for clear field of vision. 3.5 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. 3.6 Along some Right-of-Ways it should be noted that they are maintained by citizens in some areas. 3.7 Please DO NOT cut park areas with bat wings. 3.8 Please DO NOT cut park areas with large tractors. 3.9 Contractors will be responsible for damages to any playground equipment/street signs, etc. Contractor is responsible for reporting damaged property immediately to the Parks Department. 3.10 The contractor will be subject to liquidated damages of$25.00 per day for each group and right- of-way that is not mowed within the required time. Page 6 of 24 4. MONOFIAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, and 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 place 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. 5. 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 two (2) copies of 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 is unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the workload in a timely manner. Contractors should report immediately to the Director of Parks and Recreation, all equipment failures, breakdowns, and rain days in wiring within twenty-four (24) hours. Additional mowing can be assigned to other contractors to help alleviate backlogs. 8. CONTRACT PERIOD 8.1 This Contract will be one year with the option to renew for two (2) additional one year periods.. The City can terminate this contract at its convenience which includes, but not limited to,funding being available in any budget cycle with thirty(30) days written notice. 8.2 NO CONTRACTOR WILL BE AWARDED MORE THAN THREE (3)AREAS.IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE DOCUMENTATION THAT THEIR COMPANY HAS THE EQUIPMENT AND MANPOWER TO MAINTAIN THEIR GRASS CUTTING OBLIGATION. Page 7 of 24 9. PROJECT AREAS GROUP 1-North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade, Griffing to Tyrrell E. Twin City Highway at 32nd Street F. Lombardy Right- of-Ways from 32nd Street to 9th Avenue (West Right - of-Ways) only GROUP 2-South Grilling Park A. Herman Park—2425 Las Palmas Avenue 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 Griffmg Drive to south end of blvd. H. Oaklawn Right- of-Ways to Dryden Road GROUP 3(C) (Section 3) A. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building B. S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard GROUP 7(B) A. Barbara Jacket Park— 100 Gilham Circle GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. Northside underpass @ Highways 73 &347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 11—Lakeside Addition-Right—of—Ways A. Cambridge B. Robinhood C. Salisbury D. Prospect E. Waverly Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A) Right—of—Ways to be cut on the 15th of each month. (B) Right—of—Ways to be bush-hogged or equivalent. (C)Right—of—Ways do not require trimming (D) Mowing to begin March 2019 and end December 2019. GROUP 12—Port Acres Addition—Right—of—Ways 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 Page 8 of 24 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 Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A) Right—of—Ways to be cut every 10 days. (B) Right—of—Ways to be bush-hogged or equivalent. (C)Right—of—Ways do not require trimming Page 9 of 24 CITY OF PORT ARTHUR Parks and Recreation 1308 9th Avenue 77642 (409)-983-8152(office) (409) 983-5644 (fax) City of Port Arthur "2019" Contractor Mowing Schedule* Month # of Cuts Week(s) beginning: January 2019 NO CUTS ----- ------ -- - February 2019 NO CUTS March 2019 One March 25th April 2019 Two April 8tand 22nd May 2019 Two May 6th and 20th June 2019 Two June 3rd and 17th July 2019 Three July 1st, 15th and 29th August 2019 Two August 12th and 26th September 2019 Two September 9th and 23rd October 2019 Two October 7th and 21st November 2019 Two November 4th and 18th December 2019 NO CUTS (3) Floating 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. Reviewed by: Johnny Brown Date Harriet Collins Date Interim Recreation Coordinator Parks Maintenance Supervisor Approved by: Chandra Alpough Date Director of Parks and Recreation Page 10 of 24 CITY OF PORT ARTHUR,TEXAS BID SHEET Page Iof2 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: March 20. 2019 ITEM DESCRIPTION PRICE PER CUT GROUP I —NORTH GRIFFING PARK Town Hall Park $ a'o Hollywood at 32"Street S L/Q. 5v Sunken Court Blvd Esplanade-Twin City to Lombardy $ t f 9. 50 Evergreen Blvd Esplanade-Gritting to Tyrell $ y 9. 5 D Twin City Highway at 32"`'Street S (/ 9. SJ Lombardy Rights-of- Way from 32" Street to 9th Ave. (West of Rights- of-Way)only. $ (/9. 5 TOTAL GROUP 1 $ y Y7. d-p GROUP 2-SOUTH GRIFFING PARK Hermann Park—2425 Las Palmas Ave $ 19 y. 50 Rosedale at Date Street $ 3$. 50 Glenwood at Date Street S 35..5 Evergreen at Forest Drive Evergreen at Glenwood S 9th Avenue at Evergreen S 3 5. 5 Las Palmas Blvd Esplanade from Grilling Drive to South End of Blvd. $ .35 Sa Oaklawn Rights-of-way to Dryden Road S 3 5 SJ TOTAL GROUP 2 $ Y/f OD GROUP 3 (C)-(Section 3) Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building $ ,1 y 50 S/Sgt. Lucian Adams Park—3400 S!Sgt. Lucian Adams Boulevard $3a“/ • 5D TOTAL GROUP 3 (C) $ (o y y, O i) GROUP 7 (B) Barbara Jacket Park— 100 Gilham Circle S o0 TOTAL GROUP 3 (C) $ 4,49- 06 Group 9 London Bridge Park—3100 Touraine Avenue $ North Side Underpass u, Hwy 73 & 347 Cecil Reynolds Park—3900 36th Street and 4008 39`x' Street S TOTAL GROUP 9 S Signature of Bidder Page 11 of 24 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 2 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: March 20. 2019 ITEM DESCRIPTION PRICE PER CUT Group 11 —Lakeside Addition-Rights-of-Way Cambridge S �' Robin Hood S _ Salisbury $ Prospect $ Waverly S TOTAL GROUP 11 $ Group 12—Port Acres Addition—Right—of—Ways 62nd Street $ 63`d Street S Easy&62nd Street $ Diamond &62nd Street $ Diamond& Russell $ Hazel & Russell $ 59th Street&Jade S Silver& 63rd Street $ Hwy 73 &Jade(off H. O. Mills) 64th Street(2 right-of-ways at this location) S 65`h Street $ Dorsey $ 66th Street $ TOTAL GROUP 12 $ 7MPA L.4413c � Lr�� STREET ADDRESS yv57 Y NAME J SI NATURE OF BIDDER P.O. BOX '(EVAN Tort PoiJ / )thux ,TX -1-76`Io PRINT OR TYPE NAME CITY STATE ZIP itf iq-d45,i( (goy t- , o (-/Y y ( TITLE AREA CODE TELEPHONE NO ri<cver 5 72(' o. #'3-7 EMAIL FAX NO. Page 12 of 24 Afi Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower 1/ Weedeater / N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw y N/A Blower N/A Edger N/A Number of Employees 4' ,f/L,,ti•- 3/q of/1 Signature of Proposer Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 13 of 24 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: � l Printed Name: Pavc3 Title: Company: -3)/t( ,' (}fes'/ SGd}yDy v7� Date: rt— SUBSCRIBED and sworn to before me the undersigned authority by 'UL the 2G2 of, 2G'(f on behalf of said bidder. ? R. GlBBS /� )i 4 ;:;; �9-., CHERYL Notary Public in and for the ?(3:.��� = Notary Public,State of Texas �.. /\ comm.Expires o3/14/2021Sate of Texas '/oF' : Notary ID 12518230-9 r My commission expires: ��J'/)(if)v2/ Page 14 of 24 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undeigned offers and agrees to one of the following: 1/7rs I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. yi"i ' ( A/IDSLt 1 5 3/2 0 Firm Name Date i./"--- Authorized Signature Title f te.EVEn -in(S ( oci) %/LD - VP* Name (please print) Telephone pi v J LO JAht' c Dt'vl Email STATE: 1i /S COUNTY:'5,_('(e SUBSCRIBED AND SWORN to before me by the above named P r-e`'`e'- ',c:'y-ve) on this the G'``— day of Ma-rc../1., , 20 ief . AV.1;: CHERYL R. GIBBS ► 4-z; �: Notary Public.State of Texas 0 Notary ublic 4 y`y, /Comm.Expires 03/14/2021 '1,,,lFOF Notary ID 12518230-9 ► RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 15 of 24 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the Data vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. J (� I I Check this box ii you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f ' completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer a ut whom the int•'tmatio/n is being disclosed. N. e of Office al Describe each employment .Y other business elations ith the local government officer,or a family member of the officer,as described by Sec on 176.003(a)(2)( ). Also d sc ibe any family relationship with the local government officer. Complete subparts A and B or each employ •nt or btt ne s relationship described. Attach additional pages to this Form CIO as necessary. A. Is , loi.1 government • "icer or family me ber of the officer receiving or likely to receive taxable income, other h ' i vestment incoi -, from the vendor? Yes No B. Is t e vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the ocal government officer or a family member of the officer AND the taxable income is not received from the local •overnmental entity? Yes Ti 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. sJ 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) Z ---- 3/97°// Sign ture of vendor doing business with the governmental entity Date Fcrm provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1 t 30:2013 Page 16 of 24 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at httpJ/www.statutes.legis.state.tx.us/ Occs/LG/htm/LG176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall tile a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gilt 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.eancs.stato.tx.us Rovteed 117302015 Page 17 of 24 SB 252 CHAPTER 2252 CERTIFICATION I, ? CvEri s/ / Ie_ , the undersigned and representative of IJ 1 l. And I 9J 7 f ( (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. VO4 Name of Company Representative(Print) Signature of Company Representative 3A2b/� y Date Page 18 of 24 House Bill 89 Verification 1, TO 1/6-/J )-Orri (Person name), the undersigned representative (hereafter referred to as "Representative") of 9 i1 5 (An D S c,4V-77). (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. i1 SI NATURE OF REPRESENTATIVE i k SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 2& day of AActi rc�,.._ , 20 (1 . .g. ©`, CHERYL R. GIBBS -,4A =z' .�: Notary Public.State o1 T,�e�,cca., �`•., �•h,'Comm.Expires 03/14/3198 Pub c %.",;,,—`,'' Notary ID 12518230-9 Page 19 of 24 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds 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: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney. Page 20 of 24 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the 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, 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. Page 21 of 24 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 fmancial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to 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 Page 22 of 24 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 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. Page 23 of 24 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 24 of 24 EXHIBIT "C" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY IN GROUP 2 IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2019, 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 Frederick B. Whitaker doing business as Whit's Grass Cutting hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one-year period. The City can terminate this contract at its convenience which includes, but not limited to, funding 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 2 for$400 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 2019. OWNER: CITY OF PORT ARTHUR Rebecca Underhill Interim City Manager Signed on the day of 2019. CONTRACTOR: Whit's Grass Cutting Frederick B. Whitaker CITY OF PORT ARTHUR Invitation to Bid Mowing of Various City Properties, Parks and Rights-of-Ways February 28, 2019 March 7, 2019 .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 gall 444 4th Street or P.O.Box 1089,PortArthur, Texas 77641 no later than 3:00 p.m.,Wednesday,March 20,2019 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 20,2019 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,yiort,*+t, r n t or www,publicpurchase,com, • 'v• 1 1i'ij itv • • _ : tt'u1 alY_h _t_40 1_ r �� : 11:1.1_ 1-Y �. Y_M • ART'HUR.TEXASt ,__ 7B1 1\ :..:�; _. 4_(l.:. :`I 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 Purchasing Manager FIRST PUBLICATION: Feb OF PORT ARTHUR,TEXAS raary 28,2029 .VERTISEMENT FOR BIDS SECOND PUBLICATION: March 7,2019 IAT sealed bids, addressed to the City of Port Arthur,will be received at the Office of the fily ,cretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur, Texas 77641 no later than 3:00 p.m.,Wednesday,March 20,2019 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 20,2019 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,portarthurnet or www.publicpurchase.com, NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY. MARCH 14, 2019 AT 10:00 A.M.AT CITY HALL STH COUNCIL CHAMBERS.444 4TH STREET.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 Purchasing Manager FIRST PUBLICATION: February 28,2019 SECOND PUBLICATION: March 7,2019 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, March 20, 2019 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, March 20, 2019 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.portarthurtx.gov or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY MARCH 14, 2019 AT 2:00 P.M., CITY HALL STH 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. 1„55 Clifton Williams, CPPB Purchasing Manager FIRST PUBLICATION: February 28, 2019 SECOND PUBLICATION: March 7,2019 \, ✓.! Cit'of 'k if CITY OF PORT ARTHUR,TEXAS 4 Vit �� ` c ADDENDUM NO. ONE (1) rihur Tuan March 15,2019 Quotes For: Mowing of Various City 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. Mowing contractor must wear Personal Protection equipment while performing contractual duties. Examples are Safety Vest, Safety Glasses,Gloves. 2. Groups 11 and 12 the contractor will cut on the 15th of each month. 3. Attached is a revised schedule. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ,i, L.(4,1ite. Clift•' Williams, CPPB Purchasing Manager ji I i , ,13, ,k,_____ 3 - ZO -- 19 Signature of Proposer Date DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW HI,MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: ki SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. „, r r CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK MARCH 4, 2019 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, March 20, 2019. (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, March 20, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P19-041 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and 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. eho6.e, Clifton Williams, CPPB Purchasing Manager Page 2 of 24 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 March 14, 2019 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 24 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 fou 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 24 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 11-12 B. EQUIPMENT LIST- 13 C. NON-COLLUSION AFFIDAVIT-PAGE 14 (MUST BE NOTARIZED) D. AFFIDAVIT-PAGE 15 (MUST BE NOTARIZED) E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN &DATE ON LINE 7- PAGE 16 F. CHAPTER 2252 CERTIFICATION-PAGE 18 G. HOUSE BILL 89 VERIFICATION-PAGE 19 Page 5 of 24 SPECIFICATIONS FOR GRASS 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 right-of-ways 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 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, 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 Limits of mowing are defined as the property lines of park right-of-way 8-10 feet off pavement. Corners at intersections will be moved a 45 degree to intersection for clear field of vision. 3.5 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. 3.6 Along some Right-of-Ways it should be noted that they are maintained by citizens in some areas. 3.7 Please DO NOT cut park areas with bat wings. 3.8 Please DO NOT cut park areas with large tractors. 3.9 Contractors will be responsible for damages to any playground equipment/street signs, etc. Contractor is responsible for reporting damaged property immediately to the Parks Department. 3.10 The contractor will be subject to liquidated damages of$25.00 per day for each group and right- of-way that is not mowed within the required time. Page 6 of 24 4. MONOFIAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, and 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 place 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. 5. 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 two (2) copies of 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 is unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the workload in a timely manner. Contractors should report immediately to the Director of Parks and Recreation, all equipment failures, breakdowns, and rain days in wiring within twenty-four (24) hours. Additional mowing can be assigned to other contractors to help alleviate backlogs. 8. CONTRACT PERIOD 8.1 This Contract will be one year with the option to renew for two (2) additional one year periods.. The City can terminate this contract at its convenience which includes, but not limited to,funding being available in any budget cycle with thirty(30) days written notice. 8.2 NO CONTRACTOR WILL BE AWARDED MORE THAN THREE (3)AREAS. IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE DOCUMENTATION THAT THEIR COMPANY HAS THE EQUIPMENT AND MANPOWER TO MAINTAIN THEIR GRASS CUTTING OBLIGATION. Page 7 of 24 9. PROJECT AREAS GROUP 1-North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade, Griffing to Tyrrell E. Twin City Highway at 32nd Street F. Lombardy Right- of-Ways from 32nd Street to 9th Avenue(West Right- of-Ways)only GROUP 2-South Griffing Park A. Herman Park—2425 Las Palmas Avenue 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 Right- of-Ways to Dryden Road GROUP 3(C) (Section 3) A. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building B. S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard GROUP 7(B) A. Barbara Jacket Park— 100 Gilham Circle GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. Northside underpass @ Highways 73 &347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 11—Lakeside Addition-Right—of—Ways A. Cambridge B. Robinhood C. Salisbury D. Prospect E. Waverly Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A)Right—of—Ways to be cut on the 15th of each month. (B) Right—of—Ways to be bush-hogged or equivalent. (C)Right—of—Ways do not require trimming (D)Mowing to begin March 2019 and end December 2019. GROUP 12—Port Acres Addition—Right—of—Ways 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 Page 8 of 24 G. 59th Street and Jade H. Silver and 63rd Street I. Hwy 73 and Jade(off H.O. Mills) J. 64`h Street(2 right-of-ways at this location) K. 65th Street L. Dorsey M. 66th Street Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A) Right—of—Ways to be cut every 10 days. (B)Right—of—Ways to be bush-hogged or equivalent. (C)Right—of—Ways do not require trimming Page 9 of 24 CITY OF PORT ARTHUR Parks and Recreation 1308 9th Avenue 77642 (409)-983-8152(office) (409) 983-5644 (fax) City of Port Arthur "2019" Contractor Mowing Schedule* Month # of Cuts Week(s) beginning: January 2019 NO CUTS February 2019 NO CUTS March 2019 One March 25th April 2019 Two April 8th and 22nd May 2019 Two May 6th and 20th June 2019 Two June 3rd and 17th July 2019 Three July 1st, 15-th and 2r August 2019 Two August 12th and 26th September 2019 Two September 9th and 23rd October 2019 Two October 7th and 21st November 2019 Two November 4th and 18th December 2019 NO CUTS (3) Floating 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. Reviewed by: Johnny Brown Date Harriet Collins Date Interim Recreation Coordinator Parks Maintenance Supervisor Approved by: Chandra Alpough Date Director of Parks and Recreation Page 10 of 24 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 1 of 2 BID FOR: Mowing of Various City Properties,Parks and Right-of-Ways BID DUE DATE: March 20,2019 ITEM DESCRIPTION PRICE PER CUT GROUP 1—NORTH GRIFFING PARK Town Hall Park $170.00 Hollywood at 32nd Street $ 50.00 Sunken Court Blvd Esplanade-Twin City to Lombardy $ 70.00 Evergreen Blvd Esplanade-Griffmg to Tyrell $ 65.00 Twin City Highway at 32nd Street $ 70 n0 Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. $ 50.00 TOTAL GROUP 1 $475.00 GROUP 2-SOUTH GRIFFING PARK Hermann Park—2425 Las Palmas Ave $155.00 Rosedale at Date Street $ 35.00 Glenwood at Date Street $ 35.00 Evergreen at Forest Drive $ 35 00 Evergreen at Glenwood $ 35 nn 9th Avenue at Evergreen $ 35.00 Las Palmas Blvd Esplanade from Griffmg Drive to South End of Blvd. $ 35.00 Oaklawn Rights-of-way to Dryden Road $ 35.00 TOTAL GROUP 2 $ 400.00 GROUP 3 (C)-(Section 3) Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building $ 300.00 S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard S 1400.00 TOTAL GROUP 3 (C) $ 1700.00 GROUP 7(B) Barbara Jacket Park— 100 Gilham Circle $800.00 TOTAL GROUP 3 (C) $800.00 Group 9 London Bridge Park—3100 Touraine Avenue $ 160.00 North Side Underpass @ Hwy 73 &347 $ 75.00 Cecil Reynolds Park—3900 36th Street and 4008 39th Street $ 165.00 TOTAL GROUP 9 $ 400.00 B. Signature of Bidder Page 11 of 24 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 2 BID FOR: Mowing of Various City Properties,Parks and Right-of-Ways BID DUE DATE: March 20,2019 ITEM DESCRIPTION PRICE PER CUT Group 11—Lakeside Addition-Rights-of-Way Cambridge $ 0.00 Robin Hood $ 0.00 Salisbury $ 0.00 Prospect $ 0.00 Waverly $ 0.00 TOTAL GROUP 11 $ NO BID Group 12—Port Acres Addition—Right—of—Ways 62nd Street $ 0.00 63`1 Street $ 0.00 Easy& 62nd Street $ 0.00 Diamond&62nd Street $ 0.00 Diamond&Russell $ 0.00 Hazel&Russell $ 0.00 59th Street&Jade $ 0.00 Silver&631.d Street $ 0.00 Hw73 &Jade (off H. O. Mills) $ 0.00 64thStreet(2 right-of-ways at this location) $ 0.00 65th Street $ 0.00 Dorsey $ 0.00 66th Street $ 0.00 TOTAL GROUP 12 $NO BID WHIT'S GRASS CUTTING 3336 BIRCHWOOD TRIANGLE COMPANY NAME STREET ADDRESS .11.6413.614-,16,_ SIGNATURE OF BIDDER P.O. BOX FREDERICK B. WHITAKER PORT ARTHUR, TEXAS 77642 PRINT OR TYPE NAME CITY STATE ZIP OWNER (409) 626-4501 TITLE AREA CODE TELEPHONE NO whit@gt.rr.com N/A EMAIL FAX NO. Page 12 of 24 Equipment List Equipment Qty Size of Cutting Deck Bush Hog p Zero Turn or Riding Mower 3 52", 48",42" Weedeater 5 N/A Hedge Trimmers 2 N/A Walk Behind 3 N/A Chainsaw 1 N/A Blower 2 N/A Edger 3 N/A Number of Employees 3 1 ,, . �. 3-26 - 19 Signature of Proposer Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 13 of 24 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: W 01-1 C194 Printed Name: FREDERICK B. WHITAKER Title: OWNER Company: WHIT'S GRASS CUTTING Date: SUBSCRIBED and sworn to before me the undersigned authority by csot,1061 the WO of, effAcion behalf of said bidder. :MOL • . Notary Public in and for the `�P{"""ii i� BLANCA MAGALI ESCALONA e Notary Public, State of Ts State of Texas exa =7. e: Comm. Expires 08-23-2022 23 12 Notary ID 131694825 My commission expires: Page 14 of 24 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. WHIT'S GRASS CUTTING 3 26 Firm Name Date àDR 6, W * G/I OWNER Authorized Signature Title FREDERICK B. WHITAKER 409-626-4501 Name (please print) Telephone whitAgt.rr.com Email STATE: X COUNTY: 4.4401Q70 SUBSCRIBED AND SWORN to before me by the above named F(-€dl.cl . on this the day of MCE. , 20 BLANCA MAGALI ESCALON ?ia(\-CPI "\91. 4 A pq-ms's Notary Public, State of Texas Notary Public ±! .'PF Comm. Expires 08-23-2022 Notary ID 131694825 RETURN THIS AFFIDAVI S PART OF THE BID PROPOSAL Page 15 of 24 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. N/A J �n l l Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ` 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or afamily 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). 12). ')J 6-\. 3�-ZD - 19 Signature of vendor oing business with the ovemmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 16 of 24 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.rhtm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal.state,or local governmental entity or an agency of a federal.state,or local governmental entity: (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to.that agency Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor it: (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; a (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local govemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed:or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity.or a family member of the officer,described by Section 176.003(a)(2)(A): (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B).excluding any gift described by Section 176.003(a-1):or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer.or a family member of the officer.described by Subsection(a): (B) that the vendor has given one or more gifts described by Subsection(a):or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1130'2015 Page 17 of 24 SB 252 CHAPTER 2252 CERTIFICATION I, FREDERICK B. WHITAKER ,the undersigned and representative of WHIT'S GRASS CUTTING (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. FREDERICK B. WHITAKER Name of Company Representative (Print) /-126t-Wttp 6. 1k 446,-,- Signature of Company Representative Date Page 18 of 24 House Bill 89 Verification I, FREDERICK B.WHITAKER (Person name), the undersigned representative (hereafter referred to as "Representative") of WHIT'S GRASS CUTTING � 1 WciAiid(3_ ,0'-1),} 1Lt (company or business name, hereafter referred to as �`7 -- "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary usiness purposes. I 8,a) f SIGNATURE OF REPRESE TATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day ofA1 , 20 \1 . NCA MAG AV 1 \..2ios NT 64 q21.01.4\9..„.._ ALi NA prY .;, NNotary pbe,SStato of TexasComm Expicr0 Notary Public 11Notary !D 13168-238-22022 945 Page 19 of 24 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds 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: Provide a completed copy of the Conflict of Interest Questionnaire(Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney. Page 20 of 24 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the 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, 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. Page 21 of 24 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. 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 Page 22 of 24 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 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. Page 23 of 24 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 24 of 24 EXHIBIT "D" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 7B IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2019, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and H. Wayne Riley doing business as Amelia Lawn Care & Landscaping hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one-year period. The City can terminate this contract at its convenience which includes, but not limited to, funding 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 7B for$325 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 2019. OWNER: CITY OF PORT ARTHUR Rebecca Underhill Interim City Manager Signed on the day of 2019. CONTRACTOR: Amelia Lawn Care & Landscaping H. Wayne Riley CITY OF PORT ARTHUR Invitation to Bid Mowing of Various City Properties, Parks and Rights-of-Ways February 28, 2019 March 7, 2019 CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS NOTICE 1S 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 Arthu ter r, Texas 77641 no later than 3:00 p.m.,Wednesday,March 20,2019 and all bids received will thereaf be opened and read aloud at 3:15 p.m.,on Wednesday,March 20,2019 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.Eortarthur nom;or wives publitpurchase,coin, 11' I i•iii u v J t �� : ;l! Y :__ ARTHUR.TEXAS. ` • •n :E'S 4 Y: • 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 Purchasing Manager • FIRST PUBLICATION: Feb OF PORT ARTHUR,TEXAS rtrary 28,2019 .VERTISEMENT FOR BIDS SECOND PUBLICATION: March 7,2019 IAT sealed bids, addressed to the City of Port Arthur,will be received at the Office of the L"-4--secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur, Texas 77641 no later than 3:00 p.m.,Wednesday,March 20,2019 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 20,2019 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,414 4th IStreet.City of Port Arthur.and are open for public inspection without charge.They can also be retrieved from the City's website at www,portarthu.net or www.publicpurchase.com NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY. MARCH 14, 2019 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET, 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 Purchasing Manager FIRST PUBLICATION: February 28,2019 SECOND PUBLICATION: March 7,2019 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, March 20, 2019 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, March 20, 2019 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.portarthurtx.gov or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY MARCH 14, 2019 AT 2:00 P.M., CITY HALL 5T11 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. é4L ' Abik / A tkitirdic. Clifton Williams, CPPB Purchasing Manager FIRST PUBLICATION: February 28,2019 SECOND PUBLICATION: March 7,2019 cif CITY OF PORT ARTHUR, TEXAS �— - - ADDENDUM NO. ONE (1) r/2-! March 15, 2019 Quotes For: Mowing of Various City 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. Mowing contractor must wear Personal Protection equipment while performing contractual duties. Examples are Safety Vest, Safety Glasses, Gloves. 2. Groups 11 and 12 the contractor will cut on the 15th of each month. 3. Attached is a revised schedule. 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. 6 // , Clift.` Williams, CPPB Purchasing Manager • Sig ature of Pro oser Date // DERRICK FORD FREEMAN,MAYORHARVEY ROBINSON KI THOMAS J. NLAW III,MAYOR PRO TEM City of h INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. �rCITY SECRETARY CAL J.JONES ort rthur HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK MARCH 4,2019 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, March 20, 2019. (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, March 20, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-041 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writinX to: City of Port Arthur,TX Clifton Williams,Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and 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. Choeit- 09eitakfrut- Clifton Williams. CPPB Purchasing Manager Page 2 of 24 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 March 14,2019 at 2:00 P.M., City Hall 5`h 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 24 INVITATION TO B I D 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 24 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 11-12 B. EQUIPMENT LIST- 13 C. NON-COLLUSION AFFIDAVIT-PAGE 14 (MUST BE NOTARIZED) D. AFFIDAVIT-PAGE 15 (MUST BE NOTARIZED) E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN &DATE ON LINE 7- PAGE 16 F. CHAPTER 2252 CERTIFICATION-PAGE 18 G. HOUSE BILL 89 VERIFICATION-PAGE 19 Page 5 of 24 SPECIFICATIONS FOR GRASS 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 right-of-ways 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 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, 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 Limits of mowing are defined as the property lines of park right-of-way 8-10 feet off pavement. Corners at intersections will be moved a 45 degree to intersection for clear field of vision. 3.5 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. 3.6 Along some Right-of-Ways it should be noted that they are maintained by citizens in some areas. 3.7 Please DO NOT cut park areas with bat wings. 3.8 Please DO NOT cut park areas with large tractors. 3.9 Contractors will be responsible for damages to any playground equipment/street signs, etc. Contractor is responsible for reporting damaged property immediately to the Parks Department. 3.10 The contractor will be subject to liquidated damages of$25.00 per day for each group and right- of-way that is not mowed within the required time. Page 6 of 24 4. MONOFIAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, and 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 place 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. 5. 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 two (2) copies of 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 is unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the workload in a timely manner. Contractors should report immediately to the Director of Parks and Recreation, all equipment failures, breakdowns, and rain days in wiring within twenty-four (24) hours. Additional mowing can be assigned to other contractors to help alleviate backlogs. 8. CONTRACT PERIOD 8.1 This Contract will be one year with the option to renew for two (2) additional one year periods.. The City can terminate this contract at its convenience which includes, but not limited to,funding being available in any budget cycle with thirty(30) days written notice. 8.2 NO CONTRACTOR WILL BE AWARDED MORE THAN THREE (3) AREAS. IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE DOCUMENTATION THAT THEIR COMPANY HAS THE EQUIPMENT AND MANPOWER TO MAINTAIN THEIR GRASS CUTTING OBLIGATION. Page 7 of 24 9. PROJECT 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 Tyrrell E. Twin City Highway at 32nd Street F. Lombardy Right- of-Ways from 32nd Street to 9th Avenue (West Right - of- Ways) only GROUP 2-South Griffing Park A. Herman Park—2425 Las Palmas Avenue 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 Right- of-Ways to Dryden Road GROUP 3(C)(Section 3) A. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building B. S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard GROUP 7(B) A. Barbara Jacket Park— 100 Gilham Circle GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. Northside underpass @ Highways 73 &347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 11 —Lakeside Addition-Right—of—Ways A. Cambridge B. Robinhood C. Salisbury D. Prospect E. Waverly Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A)Right—of—Ways to be cut on the 15th of each month. (B)Right—of—Ways to be bush-hogged or equivalent. (C)Right—of—Ways do not require trimming (D)Mowing to begin March 2019 and end December 2019. GROUP 12—Port Acres Addition—Right—of—Ways A. 62 Street B. 63`d Street C. Easy and 62nd Street D. Diamond and 62nd Street E. Diamond and Russell F. Hazel and Russell Page 8 of 24 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 Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A) Right—of—Ways to be cut every 10 days. (B)Right—of—Ways to be bush-hogged or equivalent. (C)Right—of—Ways do not require trimming Page 9 of 24 CITY OF PORT ARTHUR Parks and Recreation 1308 9th Avenue 77642 (409)-983-8152(office) (409) 983-5644 (fax) City of Port Arthur "2019" Contractor Mowing Schedule* Month # of Cuts Week(s) beginning: January 2019 NO CUTS February 2019 NO CUTS March 2019 One March 25th April 2019 Two April 8th and 22nd May 2019 Two May 6th and 20th June 2019 Two June 3rd and 17th July 2019 Three July 1st, 15th and 29th August 2019 Two August 12th and 26th September 2019 Two September 9th and 23rd October 2019 Two October 7th and 21st November 2019 Two November 4th and 18th December 2019 NO CUTS (3) Floating Cuts GROUPS 11 & 12 — CUT ON 151H OF MONTH *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. Reviewed by: Approved by: Johnny Brown Date Chandra Alpough Date Interim Recreation Coordinator Director of Parks and Recreation Y\"7� Page 10 of 24 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 1 of 2 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: March 20, 2019 ITEM DESCRIPTION PRICE PER CUT GROUP 1 —NORTH GRIFFING PARK Town Hall Park $ 9//.j' Hollywood at 32nd Street $ /c-p O Sunken Court Blvd Esplanade-Twin City to Lombardy $ /3g, bC) Evergreen Blvd Esplanade-Griffing to Tyrell $ -QD Twin City Highway at 32'd Street $ /6-00 Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. $ /fiqUC) TOTAL GROUP 1 $ q99.L)(7) GROUP 2- SOUTH GRIFFING PARK Hermann Park—2425 Las Palmas Ave $ Rosedale at Date Street $ Glenwood at Date Street $ Evergreen at Forest Drive $ Evergreen at Glenwood $ � 9th Avenue at Evergreen $ ✓ Las Palmas Blvd Esplanade from Grilling Drive to South End of Blvd. $ Oaklawn Rights-of-way to Dryden Road $ TOTAL GROUP 2 $ GROUP 3 (C)- (Section 3) Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building $ S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard $ TOTAL GROUP 3 (C) $ GROUP 7 (B) Barbara Jacket Park— 100 Gilham Circle $ c� TOTAL GROUP 3 (C) $ & Group 9 London Bridge Park—3100 Touraine Avenue $ /25, 00 North Side Underpass @ Hwy 73 &347 $ o- as Cecil Reynolds Park—3900 36th Street and 4008 39th Street $ „24q, 00 TOTAL GROUP 9 $ 411 B. se)° Si ature o Bidder Page 11 of 24 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 2 of 2 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: March 20, 2019 ITEM DESCRIPTION PRICE PER CUT Group 11 —Lakeside Addition-Rights-of-Way Cambridge $ Robin Hood $ Salisbury $ Prospect $ Waverly $ TOTAL GROUP 11 $ Group 12—Port Acres Addition—Right—of—Ways 62nd Street $ 63rd Street $ Easy&62nd Street $ Diamond&62nd Street $ Diamond&Russell $ Hazel&Russell $ 59th Street&Jade $ Silver&63rd Street $ Hwy 73 &Jade(off H. O. Mills) $ 64th Street(2 right-of-ways at this location) $ 65th Street $ Dorsey $ 66th Street $ TOTAL GROUP 12 $ COMPANY NAME / STREET ADDRESS `SIGNAT OF'BIDDER P.O.BOX PINT OR TYPE NAME J CITY STATE ZIP P 6/09 4�6 7 TIT AREA CODE TELEPHONE NO �ri GtO_ /044404 ctuir 61 16-67y1/) EMAIL FAX NO. Page 12 of 24 Equipment List Equipment Qty Size of Cutting Deck Bush Hog ! f J Zero Turn or Riding Mower 6— 51z, 5 . 4,01 LOl (=, Weedeater J Z N/A Hedge Trimmers `7 N/A Walk Behind 'jl N/A Chainsaw N/A Blower (r N/A Edger 47 N/A Number of Employees I / ature o Propo r Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 13 of 24 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 a d subsion of this bid proposal. Signature: r rf c 141 Printed Name: dd - (411140 /(e Title: Company: 71ira `ice '()_e/2xG Date: 1-1‘w:,J, e Rk lei SUBSCRIBED and sworn to before me the undersigned authority by the !',{-A of,/ (9,06 i/\ on behalf of said bidder. 0% EARLENE SMITH Notary Public in and for the r • My Notary ID#123943769 State of Texas '-F/ Expires August 3,2021 My commission expires: At,i,„LA- , °�Ja Page 14 of 24 • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: 1I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay s ceeding 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. g,4,b, ,u,6G`ie I 3 -fq-1 / Firm Name / Date AuTii1 �-f. cs r).� 7 rized S ature Title p -tioatifq . )sp zicg ii 6l., 7i 2:7" Name(pleas€print) / Telephone 4inel,> — c /2- .( q 1 Email STATE: -rey G1S COUNTY: 3.Q _C:01 SUBSCRIBED AND SWORN to before me by the above named 1-k, W c,V n e i ,e G) on this the I r h day of �h -t h , 20 41 . I J °I 2f"k_ a}�"':6;:: EARLENE SMITH �� \ '•`" Notary Public .:.: --- *= My Notary ID#123943769 ;;,o�t,;• Expires August 3.2021 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 15 of 24 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 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.Ar offense under this section is a misdemeanor. ,J Name of vendor who has a business re tionship with local governmental entity. J �n I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer LI Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(4). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes PJo 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. J fl 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). of 3fi Ill e of Signal vendor doing b isiness with the gover • ental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3012015 Page 16 of 24 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state.or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public:or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by.and reporting to.that agency. Local Government Coda§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor it: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income. other than investment income, that exceeds$2.500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed: or (ii) the local governmental entity is considering entering into a contract with the vendor. (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed:or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity.or a family member of the officer,described by Section 176.003(a)(2)(A): (2) has given a local government officer of that local governmental entity,or a family member of the officer.one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B).excluding any gift described by Section 176.003(a-1):or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity:or (B) submits to the local governmental entity an application.response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer.described by Subsection(a): (B) that the vendor has given one or more gifts described by Subsection(a):or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11202015 Page 17 of 24 SB 252 CHAPTER 2252 CERTIFICATION I, /4 , V()f g , the undersigned and representative • of 6.-1- nal-ca. 4tw& (0-ti' liEry��C'C-p I Gc (Company or Business Nam• ) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. - ifa vi Pie/ Name of Compa ' - : -_ tative rant) AtIMW w v gnature of Company Rep •sentative Date Page 18 of 24 House Bill 89 Verification I, it. W a 1'tG h t I e/ (Person name), the undersigned representative (hereafter referred to as "Representative") of Apeif- kex,kii.,0 (----e7,-ze -6- J.,,a -rp/locesiOic,e/ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SII URE OF`REPRESENTATI E SUB CRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this PWA day of Moi(, , 20M . :•0:(41":;;N EARLENE SMITH ti 7\ ri My Notary ID#123943769 f '14•• E+. Expires August 3,2021 6-�15g-fp'vt7"k—' - _ 4. Notary Public Page 19 of 24 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds 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: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 20 of 24 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the 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, 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. Page 21 of 24 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. 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 Page 22 of 24 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 fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 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. Page 23 of 24 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 24 of 24 EXHIBIT "E" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 9 IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2019, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Anthony Young doing business as South East Texas Lawn & Maintenance hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one-year period. The City can terminate this contract at its convenience which includes, but not limited to, funding 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 9 for$380 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 2019. OWNER: CITY OF PORT ARTHUR Rebecca Underhill Interim City Manager Signed on the day of 2019. CONTRACTOR: South East Texas Lawn & Maintenance Anthony Young CITY OF PORT ARTHUR Invitation to Bid Mowing of Various City Properties, Parks and Rights-of-Ways February 28,2019 March 7, 2019 -CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS NOTICE ISHEREBY GIVEN THAT sealed bids, addressed to the City of Port Arthur,will be Arthur, received at the Office of the City Secretary,City Hall 444 4th Street or P.0.. Box 1089,Port Texas 77641 no later than 3:00 p.m.,Wednesday,March 20,2019 and all bids received will be opened and read aloud at 3:15 p.m.,on Wednesday,March 20,2019 in the City Council Chthereafter ambers, - 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,44.4-4th 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.ttorLrfhnr. or www,publicpurchase.com, 1 1 it rt t� �' IJ t'! lb, _ D J E t ke • 11:L/1._D-Y u R H 4 ARTHUR.TEXAS, LST: • h, .1. `u__ i .. • :- '1r The City of Port Arthur reserves the right tp 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 Purchasing Manager FIRST PUBLICATION: Feb OF PORT ARTHUR,TEXAS rusty 28,2019 :VERTISEMFNT FOR BIDS SECOND PUBLICATION: March 7,2019 IAT sealed bids, addressed to the City of Port Arthur,will be received at the Office of thetU"t-y ,secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur, Texas 77641 no later than 3:00 p.m.,Wednesday,March 20,2019 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 20,2019 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.pubiicpurchasc.com NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY. MARCH 14, 2019 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,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 Purchasing Manager FIRST PUBLICATION: February 28,2019 SECOND PUBLICATION: March 7,2019 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, March 20, 2019 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, March 20, 2019 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.portarthurtx.gov or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY MARCH 14, 2019 AT 2:00 P.M., CITY HALL Si" FLOOR COUNCIL CHAMBERS 444 4111 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. 4,(P/ Clifton Williams, CPPB Purchasing Manager FIRST PUBLICATION: February 28,2019 SECOND PUBLICATION: March 7,2019 r"1 ;416\ CITY OF PORT ARTHUR,TEXAS Vt ►ihu - ADDENDUM NO. ONE (1) iraTnu March 15,2019 Quotes For: Mowing of Various City 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. Mowing contractor must wear Personal Protection equipment while performing contractual duties. Examples are Safety Vest, Sal Glasses,Glasses,Gloves. 2. Groups 11 and 12 the contractor will cut on the 15tof each month. 3. Attached is a revised schedule. If you have any questions, please contact the Purchasing Division at 409-983-8 160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. �i A? Lk/4V;P Clift.! Williams, CPPB Purchasing Manager a„i„ Signature of P os Date/2° / 1 \it DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW HI,MAYOR PRO TEMCity of INTERIM CITY MANAGER COUNCIL MEMBERS: �� SHERRI BELLARD,TRMC RAYMOND SCOTT,JR r r -t is uc CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK MARCH 4, 2019 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, March 20, 2019. (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, March 20, 2019 in the City Council Chambers, City Hall, 5`h Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-041 DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams,Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov The enclosed Invitation to Bid(ITB) and accompanying General Instructions, Conditions and 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 Purchasing Manager Page 2 of 24 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 March 14, 2019 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 24 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: Pagc 4 of 24 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 11-12 B. EQUIPMENT LIST- 13 C. NON-COLLUSION AFFIDAVIT-PAGE 14 (MUST BE NOTARIZED) D. AFFIDAVIT-PAGE 15 (MUST BE NOTARIZED) E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN &DATE ON LINE 7- PAGE 16 F. CHAPTER 2252 CERTIFICATION-PAGE 18 G. HOUSE BILL 89 VERIFICATION-PAGE 19 Page 5 of 24 SPECIFICATIONS FOR GRASS 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 right-of-ways 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 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, 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 Limits of mowing are defined as the property lines of park right-of-way 8-10 feet off pavement. Corners at intersections will be moved a 45 degree to intersection for clear field of vision. 3.5 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. 3.6 Along some Right-of-Ways it should be noted that they are maintained by citizens in some areas. 3.7 Please DO NOT cut park areas with bat wings. 3.8 Please DO NOT cut park areas with large tractors. 3.9 Contractors will be responsible for damages to any playground equipment/street signs, etc. Contractor is responsible for reporting damaged property immediately to the Parks Department. 3.10 The contractor will be subject to liquidated damages of$25.00 per day for each group and right- of-way that is not mowed within the required time. Page 6 of 24 4. MONOFIAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, and 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 place 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. 5. 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 two (2) copies of 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 is unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the workload in a timely manner. Contractors should report immediately to the Director of Parks and Recreation, all equipment failures, breakdowns, and rain days in wiring within twenty-four (24) hours. Additional mowing can be assigned to other contractors to help alleviate backlogs. 8. CONTRACT PERIOD 8.1 This Contract will be one year with the option to renew for two (2) additional one year periods.. The City can terminate this contract at its convenience which includes, but not limited to,funding being available in any budget cycle with thirty(30) days written notice. 8.2 NO CONTRACTOR WILL BE AWARDED MORE THAN THREE (3)AREAS. IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE DOCUMENTATION THAT THEIR COMPANY HAS THE EQUIPMENT AND MANPOWER TO MAINTAIN THEIR GRASS CUTTING OBLIGATION. Page 7 of 24 9. PROJECT AREAS GROUP 1-North Griffing Park A. Town Hall Park B. Hollywood at 32nd Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade, Griffing to Tyrrell E. Twin City Highway at 32nd Street F. Lombardy Right- of-Ways from 32nd Street to 9th Avenue(West Right- of-Ways) only GROUP 2-South Griffing Park A. Herman Park—2425 Las Palmas Avenue 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 Right- of-Ways to Dryden Road GROUP 3(C) (Section 3) A. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building B. S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard GROUP 7(B) A. Barbara Jacket Park— 100 Gilham Circle GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. Northside underpass @ Highways 73 & 347 C. Cecil Reynolds Park—3900 36th Street and 4008 39111 Street GROUP 11 —Lakeside Addition-Right—of—Ways A. Cambridge B. Robinhood C. Salisbury D. Prospect E. Waverly Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A)Right—of—Ways to be cut on the 15th of each month. (B) Right—of—Ways to be bush-hogged or equivalent. (C) Right—of—Ways do not require trimming (D)Mowing to begin March 2019 and end December 2019. GROUP 12—Port Acres Addition—Right—of—Ways A. 62nd Street B. 63rd Street C. Easy and 62nd Street D. Diamond and 62nd Street E. Diamond and Russell F. Hazel and Russell Page 8 of 24 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 Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A) Right—of—Ways to be cut every 10 days. (B)Right—of—Ways to be bush-hogged or equivalent. (C)Right—of—Ways do not require trimming Page 9 of 24 CITY OF PORT ARTHUR Parks and Recreation 1308 9th Avenue 77642 (409)-983-8152(office) (409) 983-5644 (fax) City of Port Arthur "2019" Contractor Mowing Schedule* Month # of Cuts Week(s) beginning: January 2019 NO CUTS February 2019 NO CUTS March 2019 One March 25th April 2019 Two April 8th and 22nd May 2019 Two May 6th and 20th June 2019 Two June 3rd and 17th July 2019 Three July 1st, 15th and 29th August 2019 Two August 12th and 26th September 2019 Two September 9th and 23rd October 2019 Two October 7th and 21st November 2019 Two November 4th and 18th December 2019 NO CUTS (3) Floating 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. Reviewed by: Johnny Brown Date Harriet Collins Date Interim Recreation Coordinator Parks Maintenance Supervisor Approved by: Chandra Alpough Date Director of Parks and Recreation Page 10 of 24 � r"1 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 1 of 2 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: March 20,2019 ITEM DESCRIPTION PRICE PER CUT GROUP 1—NORTH GRIFFING PARK Town Hall Park $ /2-5 Hollywood at 32nd Street $ 3 o Sunken Court Blvd Esplanade-Twin City to Lombardy $ /5 0 Evergreen Blvd Esplanade-Griffing to Tyrell $ 3v Twin City Highway at 32nd Street $ to Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way)only. $ 1.50 TOTAL GROUP 1 $ 4'15 GROUP 2-SOUTH GRIFFING PARK Hermann Park—2425 Las Palmas Ave $ t 50 Rosedale at Date Street $ t o Glenwood at Date Street $ 25 Evergreen at Forest Drive $ 15 Evergreen at Glenwood $ t o 9th Avenue at Evergreen $ 20 Las Palmas Blvd Esplanade from Griffing Drive to South End of Blvd. $ 3 Oaklawn Rights-of-way to Dryden Road $ I O TOTAL GROUP 2 $ t 0 GROUP 3 (C)-(Section 3) Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building $ '3.56 S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard $ (050 TOTAL GROUP 3 (C) $ 1000 GROUP 7(B) Barbara Jacket Park— 100 Gilham Circle $ 4450 TOTAL GROUP 3 (C) $ 4a 41 Group 9 London Bridge Park—3100 Touraine Avenue $ /0 0 North Side Underpass @ Hwy 73 &347 $ 30 Cecil Reynolds Park—3900 36th Street and 4008 39th Street $ .y50 TOTAL GROUP 9 $ 38a Signature of :.(d r Page 11 of 24 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 2 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: March 20,2019 ITEM DESCRIPTION PRICE PER CUT Group 11 -Lakeside Addition-Rights-of-Way Cambridge $ Robin Hood $ `— Salisbury S Prospect S ---" Waverly $ — TOTAL GROUP 11 $ ND 8t lb Group 12-Port Acres Addition - Right-of-Ways 62nd Street $ 63`d Street $ `f Easy &62"d Street $ Diamond&62nd Street $ Diamond &Russell $ Hazel &Russell S 59th Street &Jade $ ---- Silver&63nd Street $ Hwy 73 &Jade(off H. O. Mills) $ 64th Street(2 right-of-ways at this location) $ 65th Street $ -- Dorsey $ 66th Street $ TOTAL GROUP 12 $ > 8145 �1-)el 4 Hei?Rtpngitc12 COMPANY NAME STREET ADDRESS a.22 702 SIGNATURE DE P.O. BOX Thi60 foki+ �it.��nor7t I/1 77720 P INT OR P NA CITY STATE ZIP (909) El66- g21 TITLE AREA CODE TELEPHONE NO Q otco_ 5el-163,4%4; I, darn 0/64) 0-)3- 24 62 EMAIL FAX NO. Page 12 of 24 /"q /d"\ Equipment List Equipment Qty Size of Cutting Deck Bush Hog / S 1; be Zero Turn or Riding Mower 3 . 60 ;n I 6 in Weedeater � N/A Hedge Trimmers .Z N/A Walk Behind d N/A Chainsaw 3 N/A Blower 2- N/A Edger .2- N/A Number of Employees 34a 1/9 Signature ser c Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 13 of 24 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: -41-4 .L. // � AV Infj . • 0 W Title: Company: � 7; 1 � �Pra...► c e 4c, s�/�.1'as 1--X-1,-)Ai q�.. Date: 3/2.0//f SUBSCRIBED and sworn to before me the undersigned authority byilGf(4e 2Q1of, 26aon behalf of said bidder. t (k)i (7- _ try Public in a (`.j+• the S e of Texas t tpA14pbB SYDNI WIGGINS t - � Notary Public,State Of Texas My commission expires: CP-25-2022- t '.;t!W`Q Comm.Expires D9-25-2022 t 4'fare My Notary ID#13174332-7 t Page 14 of 24 efiffihN 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. 2J I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. J;4,41 151c71- /eje45 /44.)4 'I /4 •►efG4 ad, c -740//'dT Firm Name Date Authorized Signa e Title 474aNi X1,14 tii CYq) `t 66 - l y Name(please print) Telephone aVolc5a?St�X� ? •!ti/, .ofH Email ! J STATE: MA COUNTY: SUBSCRIBED AND SWORN to before me by the above named ' AI O) Yew /4 on this the 20/+1 day of te 0 . • v.& SYDN!WIGGINS - ow� t1'ubGC,State OfTexas! N,; Public 44'041. � �� Lamm Expires 09-25.20221 44'oF My Notary ID;#13174332.7 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 15 of 24 ^1 ,ate 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 moots requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entry not later than the 7th business day after tho data the vondor becomes aware of facts that require the statement to be filed. See Section 176.006(a•1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176 006. Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information Is being disclosed. Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable Income, other than investment income, from the vendor? Yes No B Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No J 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). J - Sic,n 'Afvendor do bus ass with th governmental entity Date Form provided by Texas Ethics Commission www.othics.stale.tx.us Revised 11130/2015 Page 16 of 24 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at httpJlwww.statutes.legis.state.tx.us/ Decs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship'means a connection between two or more parties based on commercial activity of one of the parties. The term docs not include a connection based on: (A) a transaction that is subject to rate or tee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code$176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (I) a contract between the local governmental entity and vendor has boon 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 gilt 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 tho 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 dato 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 ore or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Comm ssion www.ethics.stale.tx.us Revised 11/302015 Page 17 of 24 r r. SB 252 CHAPTER 2252 CERTIFICATION I, /ewe)rtyyextmj ,the undersigned and representative of �n 2-4.$71- XS s L # H4;o f edy (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code,Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. ,474frj oast Name of Com any Representative(Print) ar/ Si ature of C [n e � Y Rentative 340 /i q Date Page 18 of 24 House Bill 89 Verification I, 474/0" pui++, (Person name), the undersigned representative (hereafter J referred to as "Representative") of �afe.:2-5"/ /`fa;..v�`�,a," CQ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIG ATURE FRTOTATIVE AND SUBS RIBED SW RN TO BEFORE ME, the undersigned authority, on this2 ay of ( Ol'(�� , 20?M. ' ~ SYDNI WIGGINS i a -- , VL\' -� ���ai P!��� Notary PuD}c,State Of Texas! if Public411 ? 41TZ Comm.moires 09-25-2022 My Notary ID#13174332-7 Page 19 of 24 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds 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: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 20 of 24 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the 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,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. Page 21 of 24 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. 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 Page 22 of 24 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits I. 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 hircd vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. Page 23 of 24 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified-in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 24 of 24 EXHIBIT "F" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUPS 11 AND 12 IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2019, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and David Williams doing business as Williams Transport hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for approximately twelve (12) months from the date stated in the Notice to Proceed, unless sooner terminated under the provision hereof, with an option to renew for two (2) additional one-year period. The City can terminate this contract at its convenience which includes, but not limited to, funding 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 11 for$250 and Group 12 for$585 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 2019. OWNER: CITY OF PORT ARTHUR Rebecca Underhill Interim City Manager Signed on the day of 2019. CONTRACTOR: Williams Transport David Williams CITY OF PORT ARTHUR,TEXAS ort r itter ADDENDUM NO. ONE (1) March 15, 2019 Quotes For: Mowing of Various City 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. Mowing contractor must wear Personal Protection equipment while performing contractual duties. Examples are Safety Vest, Safety Glasses,Gloves. 2. Groups 11 and 12 the contractor will cut on the 15th of each month. 3. Attached is a revised schedule. 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. ( Clift•' Williams, CPPB Purchasing Manager 03-19-19 ignature of P poser Date DERRICK FORD FREEMAN,MAYOR ' HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEMCrt',of ° \ INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR ort r t hu—i'r CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK MARCH 4,2019 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, March 20, 2019. (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, March 20, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-041 DELIVERY ADDRESS: Please submit one (1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@,portarthurtx.gov The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and 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. Cieort. 0.94,4td- Clifton Williams, CPPB Purchasing Manager Page 2 of 24 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 March 14, 2019 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 24 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 24 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 11-12 B. EQUIPMENT LIST - 13 C. NON-COLLUSION AFFIDAVIT-PAGE 14 (MUST BE NOTARIZED) D. AFFIDAVIT-PAGE 15 (MUST BE NOTARIZED) E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN &DATE ON LINE 7- PAGE 16 F. CHAPTER 2252 CERTIFICATION-PAGE 18 G. HOUSE BILL 89 VERIFICATION- PAGE 19 Page 5 of 24 SPECIFICATIONS FOR GRASS 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 right-of-ways 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 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, 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 Limits of mowing are defined as the property lines of park right-of-way 8-10 feet off pavement. Corners at intersections will be moved a 45 degree to intersection for clear field of vision. 3.5 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. 3.6 Along some Right-of-Ways it should be noted that they are maintained by citizens in some areas. 3.7 Please DO NOT cut park areas with bat wings. 3.8 Please DO NOT cut park areas with large tractors. 3.9 Contractors will be responsible for damages to any playground equipment/street signs, etc. Contractor is responsible for reporting damaged property immediately to the Parks Department. 3.10 The contractor will be subject to liquidated damages of$25.00 per day for each group and right- of-way that is not mowed within the required time. Page 6 of 24 4. MONOFIAMENT TRIMMING 4.1 Contractor shall neatly trim (cut and/or using a weed-eater), along sidewalks, curbs, and 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 place 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. 5. 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 two (2) copies of 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 is unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the workload in a timely manner. Contractors should report immediately to the Director of Parks and Recreation, all equipment failures, breakdowns, and rain days in wiring within twenty-four (24) hours. Additional mowing can be assigned to other contractors to help alleviate backlogs. 8. CONTRACT PERIOD 8.1 This Contract will be one year with the option to renew for two (2) additional one year periods.. The City can terminate this contract at its convenience which includes, but not limited to,funding being available in any budget cycle with thirty(30) days written notice. 8.2 NO CONTRACTOR WILL BE AWARDED MORE THAN THREE (3)AREAS. IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE DOCUMENTATION THAT THEIR COMPANY HAS THE EQUIPMENT AND MANPOWER TO MAINTAIN THEIR GRASS CUTTING OBLIGATION. Page 7 of 24 9. PROJECT AREAS GROUP 1-North Griffing Park A. Town Hall Park B. Hollywood at 32'td Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade, Griffmg to Tyrrell E. Twin City Highway at 32nd Street F. Lombardy Right- of-Ways from 32nd Street to 9th Avenue(West Right- of- Ways) only GROUP 2-South Griffing Park A. Herman Park—2425 Las Palmas Avenue 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 Right- of-Ways to Dryden Road GROUP 3(C)(Section 3) A. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building B. S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard GROUP 7(B) A. Barbara Jacket Park 100 Gilham Circle GROUP 9 A. London Bridge Park—3100 Touraine Avenue B. Northside underpass @ Highways 73 &347 C. Cecil Reynolds Park—3900 36th Street and 4008 39th Street GROUP 11 —Lakeside Addition-Right—of—Ways A. Cambridge B. Robinhood C. Salisbury D. Prospect E. Waverly Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A) Right—of—Ways to be cut on the 15th of each month. (B) Right—of—Ways to be bush-hogged or equivalent. (C)Right—of—Ways do not require trimming (D) Mowing to begin March 2019 and end December 2019. GROUP 12—Port Acres Addition—Right—of—Ways Street B. 63"i Street C. Easy and 62nd Street D. Diamond and 6211d Street E. Diamond and Russell F. Hazel and Russell Page 8 of 24 G. 59th Street and Jade H. Silver and 63rd Street I. Hwy 73 and Jade (off H.O. Mills) J. 64`h Street(2 right-of-ways at this location) K. 65th Street L. Dorsey M. 66th Street Right—of—Ways as designated—beginning at dead end of streets. NOTE: (A) Right—of—Ways to be cut every 10 days. (B)Right—of—Ways to be bush-hogged or equivalent. (C)Right—of—Ways do not require trimming Page 9 of 24 CITY OF PORT ARTHUR Parks and Recreation 1308 9th Avenue 77642 (409)-983-8152(office) (409) 983-5644 (fax) City of Port Arthur "2019" Contractor Mowing Schedule* Month #of Cuts Week(s) beginning: January 2019 NO CUTS February 2019 NO CUTS March 2019 1 One March 25th 1 I April 2019 Two April 8th and 22"r- May 2019 Two May 6th and 20th June 2019 Two June 3rd and 17th July 2019 Three July 1St, 15th and 29th August 2019 Two August 12th and 26th September 2019 Two September 9th and 23rd October 2019 ; Two October 7th and 21st -- November 2019 j Two November 4th and 18th December 2019 NO CUTS (3) Floating Cuts GROUPS 11 & 12 — CUT ON 15TH OF MONTH *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. Reviewed by: Approved by: Johnny Brown Date Chandra Alpough Date Interim Recreation Coordinator Director of Parks and Recreation Page 10 of 24 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 1 of 2 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: March 20, 2019 ITEM DESCRIPTION PRICE PER CUT GROUP 1 NORTH GRIFFING PARK Town Hall Park $ Hollywood at 32nd Street $ No Bid Sunken Court Blvd Esplanade-Twin City to Lombardy $ Eveigreen Blvd Esplanade-Grilling to Tyrell $ Twin City Highway at 32nd Street $ Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way)only. $ TOTAL GROUP 1 $ GROUP 2-SOUTH GRIFFING PARK Hermann Park—2425 Las Palmas Ave • $ Rosedale at Date Street $ No Bid Glenwood at Date Street $ Evergreen at Forest Drive $ Evergreen at Glenwood $ 9th Avenue at Evergreen $ Las Palmas Blvd Esplanade from Grifling Drive to South End of Blvd. $ Oaklawn Rights-of-way to Dryden Road $ TOTAL GROUP 2 $ GROUP 3 (C)-(Section 3) Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building $ S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard $ No Bid TOTAL GROUP 3(C) $ GROUP 7(B) Barbara Jacket Park— 100 Gilham Circle $ No Bid TOTAL GROUP 3(C) $ Group 9 London Bridge Park—3100 Touraine Avenue $ North Side Underpass @ Hwy 73 & 347 $ No Bid Cecil Reynolds Park—3900 36th Street and 4008 39th Street $ TOTAL GROUP 9 $ ature ofd Page 11 of 24 CITY OF PORT ARTHUR TEXAS BID SHEET Page 2 of 2 BID FOR: Mowing of Various City Properties, Parks and Right-of-Ways BID DUE DATE: March 20, 2019 ITEM DESCRIPTION PRICE PER CUT Group 11—Lakeside Addition-Rights-of-Way Cambridge $50.00 Robin Hood $50.00 Salisbury $50.00 Prospect $50.00 Waverly $50.00 TOTAL GROUP 11 $250.00 Group 12—Port Acres Addition—Right—of—Ways 62nd Street _ $45.00 63rd Street $45.00 Easy& 62nd Street $45.00 Diamond&62nd Street $45.00 Diamond&Russell $45.00 Hazel &Russell $45.00 591i Street&Jade $45.00 Silver& 63'd Street $45.00 Hwy 73 &Jade(off H. O. Mills) $45.00 64th Street(2 right-of-ways at this location) $45.00 651h Street $45.00 Dorsey $45.00 66th Street $45.00 TOTAL GROUP 12 $585.00 Williams Transport 275 Thomas Rd COMPANY NAME STREET ADDRESS S 0 BIDDER P.O. BOX David Williams Lumberton Texas 77657 PRINT OR TYPE NAME CITY STATE ZIP Owner 409-504-3455 IT1 LE AREA CODE TELEPHONE NO williams.transport@aol.com EMAIL FAX NO. Page 12 of 24 Equipment List Equipment Qty Size of Cutting Deck Bush Hog 3 2 15ft Batwings, Eft Bushhog Zero Turn or Riding Mower 3 60inch Weedeater 3 N/A Hedge Trimmers 1 N/A Walk Behind 1 N/A Chainsaw 3 N/A Blower 2 N/A Edger 1 N/A Number of Employees 3 03-18-19 ature of Proposer Date T ' P A CIE MUST "1 QU RMITTED WITH YOUR BID FORM. Page 13 of 24 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: . Printed Name: David ill iamS Title: Owner Company: Williams Transport Date: 03-18-19 SUBSCRIBED and sworn to before me the undersigned authority byld! U = /vim of, uV9t,--on X417 behalf of said bidder. it I A, 10 �- ry MAULx10539768 I / Nota� Lli. i `an•.for the Notary � � ' My CommissionMay2.2021 Expires « lam_ .Sta'te of -xas �7n���' Airmwmurourmuriamurowropwpft My commission expires: j� G°v4 Page 14 of 2-1 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Williams Transport 03-18-19 Firm Name Date Owner Authorized Signature Title David Williams 409-504-3455 Name (please print) Telephone williams.transport@aol.com Email STATE: ' , COUNTY: dA dPr SUBSCRIBED AND SWORN to before me by the above named I J w 411/ on - — — day of L/ /JUDYMAUL. DYMA _j ; . ao� �� ois N.: gry ' • is RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL 4 x P' JUDY MAULL Notary IC 0539768 -� My Commissionx1Expires Nil e`. May 2,2021 ' Page 15 of 24 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY I This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Data Pac=rved has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. N/A • riCheck 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.) 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 local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income. from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income.from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No J 5 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) / 03-18-19 Sirfi- e of ven r oin business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3012015 Page 16 of 24 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.usi Docs-LG'htm/LG.176.htrn.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 o1 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 horn a person that is chartered by a state or federal agency and that is subject to regular examination by.and reporting to.that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if (2} the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income. other than investment income. that exceeds$2.500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed:or (ii) the local governmental entity is considering entering into a contract with the vendor Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity.or a family member of the officer,described by Section 176.003(a)(2)(A): (2) has given a local government officer of that local governmental entity. or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B).excluding any gift described by Section 176.003(a-1):or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day atter the later ot: (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. norm provided by Texas Ethics Commission www.ethics.state.tx.us Ravisad 11.302015 Page 17 of 24 SB 252 CHAPTER 2252 CERTIFICATION I, David Williams , the undersigned and representative of Williams Transport (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 7952, Section 7752.152 and Section 7752153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. David Williams Name of Company Representative(Print) S- rare of ompany Representative 03-18-19 Date Page 18 of 24 House Bill 89 Verification I, David Williams (Person name), the undersigned representative (hereafter referred to as "Representative") of Williams Transport (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. z SIGNATURE OF REPRESENTATIVE BSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this7 day oftrj , 20 /' f �yc/'. JUDY MAULL , 1 1 y �~� :-, � 1� '-� fires 16 i ` Vii/ i .._ 4 � - � - - --- ---. 1 Notary ' 41.410, JUDY MAULL I . �` Notary ID e70539768 4 '7^�t My Commission Expires A '*��-�' May 2,2027 Page 19 of 24 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds 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: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 20 of 24 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the 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, 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. Page 21 of 24 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. 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 Page 22 of 24 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 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. Page 23 of 24 IMMON b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 24 of 24