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HomeMy WebLinkAboutPR 21059: AWARDING A MOWING CONTRACT FOR GROUPS 1 AND 3C City of ort rthur'y— Texa.r www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 13, 2019 To: The Honorable Mayor and City Council Through: Ron Burton, Interim City Manager From: Chandra Alpough, Director of Parks and Recreation RE: P.R. 21059- Awarding a mowing Contract for Groups 1 and 3C Introduction: The intent of this Agenda item is to request the City Council's approval of P.R. No. 21059 authorizing the City Manager to execute a contract between the City of Port Arthur and Whit's Grass Cutting of Port Arthur, Texas for the mowing of Groups 1 and 3C in an amount not exceed $31,080.00. Background: The Parks and Recreation Department is responsible for the mowing of grass in various City parks and rights-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 rights-of-ways a priority. DMJ Landscaping was awarded a contract for the mowing of Groups 1 and 3C pursuant to Resolution 19-149. The City Council terminated the contract for Groups 1 and 3C with DMJ Landscaping of Port Arthur, Texas and authorized the Purchasing Department to rebid for Groups 1 and 3C pursuant to Resolution 19-263. Whit's Grass Cutting of Port Arthur, Texas was the lowest and responsible bidder for the mowing of Groups 1 and 3C. Budget Impact: Funds are available in the following account No. 001-1207-531.31-00. Recommendation: It is recommended that the City Council approve P.R.No. 21059 authorizing the City Manager to execute a contract between the City of port Arthur and Whit's Grass Cutting of Port Arthur, Texas for the mowing of Groups 1 and 3C in an amount not exceed$31,080.00. "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. 21059 09/11/2019 DG RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND WHIT'S GRASS CUTTING OF PORT ARTHUR, TEXAS FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS FOR GROUPS 1 AND 3C WITH A PROJECTED BUDGETARY IMPACT OF $31,080.00 PER YEAR. FUNDING AVAILABLE IN PARKS ACCOUNT NO. 001-1207-531.31-00. WHEREAS, pursuant to Resolution No. 19-149, the City Council awarded a contract for mowing various city properties, parks and rights-of-ways in the City designated as Groups 1 and 3C to DMJ Landscaping (DMJ) of Port Arthur, Texas in the amount of$23,016.00; and, WHEREAS, pursuant to Resolution No. 19-263, the City Council terminated the contract authorized pursuant to Resolution No. 19-149 for Groups 1 and 3C with DMJ Landscaping of Port Arthur, Texas and directed the Purchasing Department to rebid Groups 1 and 3C; and, WHEREAS,five (5) bids were received and opened on August 28, 2019, for the mowing Groups 1 and 3C and have been evaluated by the Parks and Recreation Department and Purchasing, as shown in the bid tabulation attached as Exhibit"A"; and, WHEREAS, after evaluation of the bids, the City Council deems it in the best interest of the City to award the Grass Cutting Services for Groups 1 and 3C to Whit's Grass Cutting of Port Arthur, Texas from the date issued on the Notice to Proceed to May 19, 2020, with an option to renew for two additional one year periods; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1: That the facts and opinions in the preamble are true and correct. P. R. No. 21059 09/11/2019 DG Section 2: That the City Manager is hereby authorized and directed to execute on behalf of the City of Port Arthur, a contract for the period of October 1, 2019 to May 19, 2020 with the option to renew for two additional one-year periods between the City of Port Arthur and Whit's Grass Cutting of Port Arthur, Texas for the mowing of Groups 1(Exhibit"B") and Group 3C (Exhibit"C"). Section 3: That the estimated number of cuts for the year is twenty-one. Section 4: That the contract is from the date issued on the Notice to Proceed to May 19, 2020, with an option to renew for two additional one-year periods. Section 5: That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. 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: • Thurman"Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary P. R. No. 21059 09/11/2019 DG APPROVED AS TO FORM: a,! o* 4e444--a+-alT '1no, q. City Attorn APPROVED AS TO ADMINISTRATION: • Ron Burton Interim City Manager (11101Mdfa- Chandra Alpough Director of Parks and Recreation APPROVED AS TO THE AVAILABILITY OF FUNDS: Kandy Daniel Interim Director of Finance i LAJkli"- Clifton illiams Purchasing Manager P. R. No. 21059 09/11/2019 DG EXHIBIT "A" - - r 0 .- O A CD N - g kfrS•TD oo � a 0 o "S C/] n _ n d o4 o n -0 c •�' o o �� ~ y IQ CSD �j n C . 11 S:ID C k z N 690 Cl) 'S •0 cn O 0 0 CD O r ^r D Ob k ^, ce) o t — cn O , TA) 0 d nb C O p a" y Uo w G. oho � � �a-o X ° c ° E pz o = a c a* °o N � o x 69 s� H 0' ° /-Io o _ et)= p . °?» on5 n n y Cn0 y 0yQ rH G'- a. CO OC C` CO w y 'O 'b p O D t. O v, R d pz O O < O O H ' 0 W x n R = �'z ul < o o C" o n n Xa o ut o ° ti BID TAB AWARD COST TABLE DESCRIPTION BIDDER AMOUNT ESTIMATED ESTIMATED PER CUT CUTS ANNUAL GROUP 1 WHITT'S GRASS CUTTING $ 430.00 21 $9,030.00 GROUP 3C WHITT'S GRASS CUTTING $ 1,050.00 21 $22,050.00 ESTIMATED TOTAL $31,080.00 P. R.No.21059 09/11/2019 DG EXHIBIT "B" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 1 IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 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 Whitaker doing business as Whit's Grass Cutting of Port Arthur,TX, hereinafter called"CONTRACTOR". WITNESSED: That for and in consideration of the payments, terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from the date stated in the Notice to Proceed until May 19, 2020 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 $430 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, expecting those supplies specifically not required of Contractor in the specifications. 4. The contractor will commence the work required by the Contract Document on or before the date to be specified in the "Notice to Mow" and will mow the lots within seven days unless the period for comparison 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 BY Ron Burton Interim City Manager Signed on the day of 2019 CONTRACTOR: WHITT'S GRASS CUTTING Frederick Whitaker 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, August 28, 2019 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, August 28, 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 GROUPS 1 AND 3C Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, AUGUST 22, 2019 AT 10:00 A.M. AT THE RECREATION CENTER, 1308 9T11 AVENUE, PORT ARTHUR, TEXAS 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. 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. CliftortWilliams, CPPB Purchasing Manager FIRST PUBLICATION: AUGUST 15, 2019 SECOND PUBLICATION: AUGUST 21, 2019 CITY OF PORT ARTHUR Request for Proposals Mowing of Various City Properties, Parks, and Rights-of-Way Groups 1 and 3C August 15, 2019 August 21, 2019 CITY OF CITY OF PORT ARTHUR.TEXAS PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS ADVERTISEMENT FOR BIDS Notice is hereby given that Notice is hereby given that sealed bids, addressed to the sealed bids, addressed to the City of Port Arthur, will be re- City of Port Arthur, will be ty ceived at the Office of the City ce cret at the Office of the City Secretary, City Hall 444 4th Secretary, City Hall 444 4th Street or P. 0. Box 1089, Port Street or P. 0. Box 1089, Port Arthur, Texas 77641 no later Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, than 3:00 p.m., Wednesday, August 28, 2019 and all bids August 28, 2019 and all bids received will thereafter be received will thereafter be opened and read aloud at 3:15 opened and read aloud at 3:15 P.M., on Wednesday, August P.M. on Wednesday, August 28, 2019 in the City Council 28, 2019 in the City Council Chambers, 5th Floor, City Hall, Chambers, 5th Floor, City Hall, Port Arthur; Texas for certain Port Arthur, Texas for certain services briefly described as: services briefly described as: MOWING OF VARIOUS MOWING OF VARIOUS CITY PROPERTIES, PARKS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY AND RIGHTS-OF-WAY GROUPS 1 AND 3C GROUPS 1 AND 3C Bids received after the dead- Bids received after the dead- line stated above,regardless of line stated above,regardless of method of delivery, will not be method of delivery, will not be considered and returned un- considered and returned un- opened. opened. NON• MANDATORY PRE-BID NON- MANDATORY PRE-BID MEETING IS SCHEDULED MEETING IS SCHEDULED FOR THURSDAY, AUGUST 1 FOR THURSDAY, AUGUST 22, 2019 AT 10:00 A.M. AT- , 22, 2019 AT 1C:00 A.M. AT- THE RECREATION CENTER, THE RECREATION CENTER, ' 1308 9 1 AVENUE, PORT AR- 1308 9 1 AVENUE, PORT AR- THUR,TEXAS THUR,TEXAS Copies of the Specifications , Copies of the Specifications and other Contract Documents and other Contract Documents are on file in the Purchasing Of- are on file in the Purchasing Of- fice,444 4th Street,City of Port fice,444 4th Street,City of Port Arthur, and are open for pub- Arthur, and are open for pub- lic inspection without charge. I lic inspection without charge. They can also be retrieved from They can also be retrieved from the City's website at www.por- I the City's website at www.por- tarthurtx.gov or www.publicpur- tarthurtx.gov or www.publicpur- chase.com. chase.corn. The City of Port Arthur re- The City of Port Arthur re- serves the right to reject any serves the right to reject any and all bids and to waive in- and all bids and to waive in- formalities. formalities. Per Chapter 2 Article VI Sec. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of 2-262(C) of the City's Code of Ordinance, the City Council ' Ordinance, the City Council shall not award a contract to a shall not award a contract to a company that is in arrears in its company that is in arrears in its obligations to the City. obligations to the City. Clifton Williams, Clifton Williams, CPPB Purchasing Manager CPPB Purchasing Manager THURMAN BILL BARITE,MAYOR RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. 10 CITY SECRETARY CAL J.JONES THOMAS J.KINLAW MVAL r r r h u z VAL TIZENO CHARLOTTE MOSES �-� CITY ATTORNEY KAPRINA FRANK 7 .icrs AUGUST 17, 2019 INVITATION TO BID Mowing of Various City Properties,Parks and Rights-of-Way Groups 1 and 3C DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 28, 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, August 28, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P19-091 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. Ciebw. aidizel.hts, Clifton Williams, CPPB Purchasing Manager Page 2 of 22 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 August 22, 2019 at 10:00 A.M.,Recreation Center, 1308 9th Avenue, 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 22 INVITATION TO BID Mowing of Various City Properties,Parks and Rights-of-Way Groups 1 and 3C (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 22 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 10 B. EQUIPMENT LIST- 11 C. NON-COLLUSION AFFIDAVIT-PAGE 12 (MUST BE NOTARIZED) D. AFFIDAVIT-PAGE 13 (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 14 F. CHAPTER 2252 CERTIFICATION-PAGE 15 G. HOUSE BILL 89 VERIFICATION-PAGE 16 Page 5 of 22 SPECIFICATIONS FOR GRASS MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR GROUPS 1 AND 3C 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. Page 6 of 22 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. 3.11 Mowing contractor must wear Personal Protection equipment while performing contractual duties. Examples are Safety Vest, Safety Glasses, Gloves. 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. Page 7 of 22 8. CONTRACT PERIOD 8.1 This Contract will end on May 19, 2020 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. 9. PROJECT AREAS GROUP 1-North Grilling 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 32"d Street F. Lombardy Right - of- Ways from 32"d Street to 9th Avenue(West Right- of- Ways) only 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 Page 8 of 22 CITY OF PORT ARTHUR Parks and Recreation 1308 9th Avenue 77642 (409)-983-8152(office) (409) 983-5644 (fax) City of Port Arthur Contractor Mowing Schedule* Month # of Cuts Week(s) beginning: January NO CUTS February NO CUTS March One March 25th April Two April 8th and 22nd May Two May 6th and 20th June Two June 3rd and 17th July Three July 1st, 15th and 29th August Two August 12th and 26th September Two September 9th and 23rd October Two October 7th and 21st November Two November 4th and 18th December 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: Approved by: Johnny Brown Date Chandra Alpough Date Interim Recreation Coordinator Director of Parks and Recreation Page 9 of 22 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 $ 160.00 _Hollywood at 32nd Street $ 50.00 Sunken Court Blvd Esplanade-Twin City to Lombardy $ 60.00 Evergreen Blvd Esplanade-Griffing to Tyrell $ 60.00 Twin City Highway at 32'd Street $ 5 0.0 0 Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. S . 50.00 TOTAL GROUP 1 $ L30.00 GROUP 3 (C)- (Section 3) Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building S 250.00 S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard S 800 oo TOTAL GROUP 3 (C) $ 1050.00 • Whit's Grass Cutting 3336 Birchwood Triangle COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX Frederick 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 EMAIL FAX NO. Page 10 of 22 Equipment List Equipment Qty Size of Cutting Deck Bush Hog 0 N/A Zero Turn or Riding Mower 3 1-42 , 2'48 Weedeater 3 N/A Hedge Trimmers 2 N/A Walk Behind 3 N/A Chainsaw 2 N/A Blower 2 N/A Edger 2 N/A Number of Employees 3 8/28/2019 Signature of Proposer Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 11 of 22 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: ( � 1-‘k-) Printed Name: Frederick Whitaker Title: Owner Company: AVit'§ Grass Cutting Date: D 2119 SUBSCRIBED and sworn to before me the undersigned authoritytip� the u1t {of, - on behalf of said bidder. a� �1 ‘A.1 ., TRANG M. TRAN Notary P blic in and for the ° NOTARY PUBLIC•STATE OF TEXAS State of Texas * * 1D#12904643.2 :f E4" COMM. EXP.07-02.2020 C)I ')fC )� • My commission expires: Page 12 of 22 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 8/28/2019 Firm Name Date P "---, q-AW JYAIA L Owner Authorized Signature Title Frederick Whitaker 409-626-4501 Name (please print) Telephone whit@gt rr enm Email STATE: v Ito/ COUNTY: ALli,(// G � SUBSCRIBED AND SWORN to before me by the above named }(� 1( UU k1i '(A � on this the . day of Atitirvjt— , 20 r (-0,1 TRANG M. TRAN iri/ b4( -NOTARY PUBLIC•STATE OF TEXAS ID#12904643.2 Notary '�blic ,;-`fir CCMM. EXP.07-02.2020 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 13 of 22 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. N/A• riI I Check this box if 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 about whom the information is being disclosed. Name of Officer ,J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n No ▪ 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. piCheck this box if the vendor has given the local government officer cr a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). J 8/28/2019 Signature of vendor Icing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 14 of 22 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer, Form provided by Texas Ethics Commission www.e:hics.s:ate.tx.us Revised 11!30!2015 Page 15 of 22 SB 252 CHAPTER 2252 CERTIFICATION Frederick Whitaker I, , the undersigned and representative Whit's Grass Cutting of (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 Whitaker Name of Company Representative (Print) Signature of Company Representative 8/28/2019 Date Page 16 of 22 House Bill 89 Verification Frederick Whitaker I, (Person name), the undersigned representative (hereafter referred to as "Representative") of Whit's Grass Cutting (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. �v1LAvni,Cf'L )0,71). Cv �- SIGNATURE OF REPRESENTATIVE G W4 S BSCRIBED AND SO N TO BEFORE ME, the undersigned authority, on this 2b day of , 20 (7 . .? ` 0,-74:,,,,, TRANG M. IRAN • • NOTARY DPUBLIC#129STATE OF TEXAS �/ s®7 ID p 12904643.2 4,114)/(/ c :�� COMM. EXP.07.02.2020 Notary Plic Page 17 of 22 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 18 of 22 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 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. Page 19 of 22 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 20 of 22 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 21 of 22 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 22 of 22 P. R.No. 21059 09/11/2019 DG EXHIBIT "C" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP 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 Frederick Whitaker doing business as Whit's Grass Cutting of Port Arthur, TX, hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payments, terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from the date stated in the Notice to Proceed until May 19, 2020 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 3C for $1,050.00 per cut as stated in the Contract Documents. 3. During the term of this Contract, the contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, expecting those supplies specifically not required of Contractor in the specifications. 4. The contractor will commence the work required by the Contract Document on or before the date to be specified in the "Notice to Mow" and will mow the lots within seven days unless the period for comparison 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 BY Ron Burton Interim City Manager Signed on the day of 2019 CONTRACTOR: WHITT'S GRASS CUTTING Frederick Whitaker 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, August 28, 2019 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, August 28, 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 GROUPS 1 AND 3C Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, AUGUST 22, 2019 AT 10:00 A.M. AT THE RECREATION CENTER, 1308 9TH AVENUE, PORT ARTHUR,TEXAS 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. 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: AUGUST 15, 2019 SECOND PUBLICATION: AUGUST 21,2019 CITY OF PORT ARTHUR Request for Proposals Mowing of Various City Properties, Parks, and Rights-of-Way Groups 1 and 3C August 15, 2019 August 21, 2019 CITY OF CITY OF PORT ARTHUR,TEXAS PORT ARTHUR.TEXAS ADVERTISEMENT FOR BIDS ADVERTISEMENT FOR BIDS Notice is hereby given that Notice is hereby given that sealed bids, addressed to the sealed bids, addressed to the City of Port Arthur, will be re- City of.Port Arthur, will be City ceived at the Office of the City _ce cretart the Office of the City Secretary, City Hall 444 4th Secretary, City Hall 444 4th Street or P. 0. Box 1089, Port Street or P. 0. Box 1089; Port Arthur, Texas 77641 no later Arthur,:Texas 77641 no later than 3:00 p.m., Wednesday, than 3:00 p.m., Wednesday, August 28, 2019 and all bids August 28, 2019 and all bids received will thereafter be received will thereafter be opened and read aloud at 3:15 opened and read aloud at 3:15 P.M., on Wednesday, August P.M., on Wednesday, August 28, 2019 in the City Council 28, 2019 in the City Council Chambers, 5th Floor, City Hall, Chambers, 5th Floor, City Hall, Port Arthur; Texas for certain Port Arthur, Texas for certain services briefly described as: , services briefly described as: MOWING OF VARIOUS l MOWING OF VARIOUS CITY PROPERTIES,PARKS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY AND RIGHTS-OF-WAY GROUPS 1 AND 3C - ' GROUPS 1 AND 3C Bids received after the dead- Bids received after the dead- line stated above,regardless of line stated above,regardless of method of delivery, will not be method of delivery, will not be considered and returned un- considered and returned un- opened. opened. NON• MANDATORY PRE-BID NON• MANDATORY PRE-BID MEETING IS SCHEDULED MEETING IS SCHEDULED FOR THURSDAY, AUGUST FOR THURSDAY, AUGUST 22, 2019 AT 10:00 A.M. AT- 22, 2019 AT 10:00 A.M. AT- THE RECREATION CENTER, THE RECREATION CENTER, 1308 9 1 AVENUE, PORT AR- 1308 9 1 AVENUE, PORT AR- THUR,TEXAS THUR,TEXAS Copies of the Specifications Copies of the Specifications and other Contract Documents and other Contract Documents are on file in the Purchasing Of- are on file in the Purchasing Of- fice,444 4th Street,City of Port fice,444 4th Street,City of Port Arthur, and are open for pub- Arthur. and are open for pub- lic inspection without charge. lic inspection without charge. They can also be retrieved from They can also be retrieved from the City's website at www.por- the City's website at www.por- tarthurtx.gov or www.publicpur- tarthurtx.gov or www.publicpur- chase.com. chase.com. The City of Port Arthur re- The City of Port Arthur re- serves the right to reject any serves.the right to reject any and all bids and to waive in- and all bids and to waive in- formalities. formalities. Per Chapter 2 Article VI Sec. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of 2-252(C) of the City's Code of Ordinance, the City Council Ordinance, the City Council shall not award a contract to a s; ail not award a contract to a company that is in arrears in its company that is in arrears in its obligations to the City. cbiiaations to the City. Clifton Williams, Clifton Williams, CPPB Purchasing Manager CFPB Purchasing Manager THURMAN BILL BARTIE,MAYOR RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of • SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES THOMAS J.KINLAW III r,r r r t h rr i VAL TREND CHARLOTTE MOSES � CITY ATTORNEY KAPRINA FRANK 1. S AUGUST 17,2019 INVITATION TO BID Mowing of Various City Properties,Parks and Rights-of-Way Groups 1 and 3C DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 28, 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, August 28, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P19-091 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(u�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. e4 Clifton Williams. CPPB Purchasing Manager Page 2 of 22 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 August 22, 2019 at 10:00 A.M.,Recreation Center, 1308 9th Avenue, 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. Pagc 3 of 22 INVITATION TO BID Mowing of Various City Properties,Parks and Rights-of-Way Groups 1 and 3C (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 22 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 10 B. EQUIPMENT LIST- 11 C. NON-COLLUSION AFFIDAVIT-PAGE 12 (MUST BE NOTARIZED) D. AFFIDAVIT-PAGE 13 (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 14 F. CHAPTER 2252 CERTIFICATION-PAGE 15 G. HOUSE BILL 89 VERIFICATION- PAGE 16 Page 5 of 22 SPECIFICATIONS FOR GRASS MOWING OF VARIOUS CITY PROPERTIES,PARKS AND RIGHTS-OF-WAY IN THE CITY OF PORT ARTHUR GROUPS 1 AND 3C 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. Page 6 of 22 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. 3.11 Mowing contractor must wear Personal Protection equipment while performing contractual duties. Examples are Safety Vest, Safety Glasses, Gloves. 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. Page 7 of 22 8. CONTRACT PERIOD 8.1 This Contract will end on May 19, 2020 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. 9. PROJECT AREAS GROUP 1-North Griffing Park A. Town Hall Park B. Hollywood at 32" Street C. Sunken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade, Griffing to Tyrrell E. Twin City Highway at 32"d Street F. Lombardy Right- of- Ways from 32" Street to 9th Avenue (West Right - of- Ways) only 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 Page 8 of 22 CITY OF PORT ARTHUR Parks and Recreation 1308 9th Avenue 77642 (409)-983-8152(office) (409) 983-5644 (fax) City of Port Arthur Contractor Mowing Schedule* Month # of Cuts Week(s) beginning: January NO CUTS February NO CUTS March One March 25th April Two April 8th and 22nd May Two May 6th and 20th June Two June 3rd and 17th July Three July 1st, 15th and 29th August Two August 12th and 26th September Two September 9th and 23rd October Two October 7th and 21st November Two November 4th and 18th December 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: Approved by: Johnny Brown Date Chandra Alpough Cate Interim Recreation Coordinator Director of Parks and Recreaticn Page 9 of 22 CITY OF PORT ARTHUR, TEXAS BID SHEET Pane 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 $ 160.00 Hollywood at 32nd Street $ 50.00 Sunken Court Blvd Esplanade-Twin City to Lombardy $ 6 0.0 0 Evergreen Blvd Esplanade-Griffing to Tyrell $ 6 o.o o Twin City Highway at 32nd Street $ 5 0.0 0 Lombardy Rights-of- Way from 32nd Street to 9th Ave. (West of Rights- of-Way) only. $ . 50.00 TOTAL GROUP 1 $ 430.Q0 GROUP 3 (C)- (Section 3) __ Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building $ _ 250.0 0 S/Sgt. Lucian Adams Park—3400 S/Sgt. Lucian Adams Boulevard $ 8 o o.o o TOTAL GROUP 3 (C) $ 1050.00 • • Whit's Grass Cutting 3336 Birchwood Triangle COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX Frederick Whitaker Port Arthur, Texas 77642 PRINT OR TYPE NAME CITY STATE ZIP Owner 409 626-4501 TITI.I: AREA CODE TELEPHONE NO whit@gt.rr.com EMAIL FAX NO. Page 10 of 22 Equipment List Equipment Qty Size of Cutting Deck Bush Hog 0 N/A Zero Turn or Riding Mower 3 1-42 , 2 48 Weedeater 3 N/A Hedge Trimmers 2 N/A Walk Behind 3 N/A Chainsaw 2 N/A Blower 2 N/A Edger 2 N/A Number of Employees 3 8/28/2019 Signature of Proposer Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 11 of 22 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: f) '(, '^ U-A--C) 4)/„. Printed Name: Frederick Whitaker Title: Owner Company: Wit'§Wit' Grass Cutting g iu S a"g SUBSCRIBED and sworn to before me the undersigned authority,z .q19 the WXJ(of, - on behalf of said bidder. 4`� � tA/pL Llbli TRANGix M. TRAN NotaryPc in and for the Vs' NOTARY PUBLIC•STATE OF TEXAS State of Texas ID#12904643.2 7„ COMM. EXP.07.02.2020 �� My commission expires: Page 12 of 22 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 8/28/2019 Firm Name Date LA-5Ya Owner Authorized Signature Title Frederick Whitaker 409-626-4501 Name (please print) Telephone whit@gt rr rnm Email STATE: r I !tg./ COUNTY: SUBSCRIBED AND SWORN to before me by the above named a/Aa- 11.)11.4-- on .)i1i(+on this the day of Al/0" , 20 . lid^ TRANG M. TRAM �l�VNOTARY PUBLIC•STATE OF TEXASNotary hlic ID#12904643.2 -6 ;:, COMM. EXP.0742-2020 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 13 of 22 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. 1 Name of vendor who has a business relationship with local governmental entity. N/A 2 ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 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? Yes No 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. 6 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)(8). excluding gifts described in Section 176.003(a-1). 7 8/28/2019 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 14 of 22 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local govemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer.described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30.'2015 Page 15 of 22 SB 252 CHAPTER 2252 CERTIFICATION Frederick Whitaker I, , the undersigned and representative Whit's Grass Cutting of (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 Whitaker Name of Company Representative (Print) Signature of Company Representative 8/28/2019 Date Page 16 of 22 House Bill 89 Verification Frederick Whitaker (Person name), the undersigned representative (hereafter referred to as "Representative") of Whit's Grass Cutting (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. SIGNATURE OF REPRESENTATIVE S BSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on thisg& day of , 20 /?. TRANG M. TRAN 4/44"/NOTARY PUBLIC•STATE OF TEXASs„®* IPU 12904643.2 h ^ COMM, EXP.07.02.2020 Notary Fly', Page 17 of 22 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 18 of 22 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 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 19 of 22 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 fmancial 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 20 of 22 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 21 of 22 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 22 of 22