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HomeMy WebLinkAboutPR 14573: HIGHWAY 73 - LANDSCAPE MOWING (JOEY'S TRACTOR SERVICE)cI2'2~0~' ~'O~`r.~~`~~~, Parls~ anel 1Zeereation MEMORANDUM P TO: ,Stephen B. Fitzgibbons, City Manager FROM: Dr. Albert T. Thigpen, Interim Director Parks & Recreation Joseph Broussard, Purchasing Coordinator DATE: February 18; 2008 RE: P. R. # 14573-Consideration of Bids for the Landscape Mowing of Highway 73 COMMENTS Pursuant to City Council direction bids were solicited for the landscape mowing of Highway 73. Bids were solicited for 12, 18, and 26 cuts, respectively. Two bidders responded as indicated below: Cuts Northstar Unlimited Joe 's Tractor Service 12 $ 4,870 $ 3;499 18 $ 4,370 $ 3,499 26 $ 3,870 $ 3,499 Based on the information submitted, '.the lowest and best bid was submitted by Joey's Tractor Service, resulting in estimated annual costs of: ` Cuts Annual Cost 12 $ 41,988 18 $ 62,982 26 $ 90,974 Funds in the amount of $ 40,000 have been budgeted for the mowing of Highway 73 in account 001-1207-531.31-00. Currently this area is being mowed by TxDOT; however, this may change if the City assumes mowing responsibility. P. R. #14573 02/18/2008/kl RESOLUTION NO. A RESOLUTION AWARDING AND AUTHORIZIiVG THE EXECUTION OF A MOWING CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND JOEY'S TRACTOR SERVICE FOR THE LANDSCAPE MOWING OF HIGHWAY 73; PROPOSED FUNDING: PARKS DIVISION, FY 2008 BUDGET ACCOUNT NO. 001- 1207-531.31-00. WHEREAS, sealed bids were solicited for the landscape mowing of Highway 73 on September 2, 2007 and September 9, 2007; and WHEREAS, bids from two (2) companies were received for mowing services on October 3, 2008 and have been evaluated by the City staff and Purchasing Manager; and, WHEREAS, the bid tabulation is attached hereto and made a part hereof as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby awards a mowing contract, to the lowest and best responsible bidder in accordance with Exhibit "A",'Joey's cuts in an amount not to exceed Tractor Service for mowing of Highway 73 far THAT the City Manager of the City of Port Arthur be and is hereby authorized to execute on behalf of the city, a contract between the City of Port Arthur and Joey's cuts in an amount not to exceed $ for mowing of Tractor Service for Highway 73 for the Parks Division in the City of Port Arthur, Texas, copies of said contract being incorporated by reference as Exhibit "B" with a complete copy of it being available for review in the office of the City Secretary. THAT said Contract is an exact duplicate of a City standazd form contract, a copy of which is hereby incorporated by reference, except for the changes described in the Certificate of Standard Form, a copy of which is attached hereto and made a part hereof as Exhibit "C", and said changes are hereby approved. THAT funding of 540,000 is available in the Parks & Recreation Division FY 2008 Budget Account No.001-1207-531.31-00. THAT any award in excess of 540,000 as to mowing services expected in fiscal year 2008/2009 is contingent on a budget amendment to be approved b the City Council. THAT the City Council approves the insertion of the clause in the agreement "THAT this agreement can be terminated with thirty days notice if funding is not provided in fiscal year 2009/2010" 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., 2008, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes: N P. R. 14573 02/18/2008/kl Mayor ATTEST: Acting City Secretary APPROVED AS TO FORM: ~0~ City Attorney APPROVED FOR ADMINISTRATION' Stephen B. Fitzgibbons, City Manager Dr. Albert Thigpen, Interim Director of Pazks and Recreation ROVED AS O AVAILABILITY OF FUNDS: Rebecca Underhill Director of Finance x`99 CITY OF PORT ARTHUR TEXAS BID SHEET DESCRIPTION: G4tASS MOWING ALONG HIGHWAY 73 Page 1 of 1 BID OPENING DATE: OCTOBER 3, 2007 ~' CONTRACT FOR THE MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of • 2008, 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 Joey's Tractor Service herein an Individual, firm, partnership or corporationby and through hereinafter called "CONTRACTOR" WTTNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein ,OWNER and CONTRACTOR agree as follows: The term of this Contract shall be from March 2008 to Mazch 2009. 2. The Contractor will perform mowing and trimming and removal of litter and debris on City-Owned & .Private-Owned properties along Highway 73 as stated in the Contract Documents. . 3. During the term of this Contract, the Contractor will famish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the sum of for cuts. 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 ofAwazd 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. THAT this agreement can be terminated with thirty days notice if funding is not provided in fiscal year 2009/2010. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Ageement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the ATTEST day of ACTING CITY SECRETARY Signed on the ATTEST day of 2008 CITY OF PORT ARTHUR BY CONTRACTOR BY" 2008 CITY SECRETARY GENERAL CONDITIONS Contract and Contract Documents The specifications and Addenda, hereinafter enumerated in the Agreement shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents; titles, headings,~running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contrast Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. Definitions The following terms as used in this contract, are respectively defined as follows: a. "Contractor": A person, firm or corporation with whom the contract is made by the Owner or City. b. "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the Street of the project for, and under separate Contract or agreement with, the Contractor. c. "Work on (at) the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the locations of the project by employees of the Contractor and any Subcontractor. d. "Owner": Refers to the City of Port Arthur, Texas. e. "City": Refers to the City of Port Arthur, Texas. 3. Termination of Contract for Cause If, through any cause, the Contractor shall fail to fulfil 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 five (5) days before the effective date of such termination. Notwithstanding the above; the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the contractor is determined. 4, Personnel a, The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. All of the work required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c, None of the work covered by this Cwork or servo es subcontracted hereunder shall written approval of the City. Any be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5, 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 Citv ,., No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibersonahfinan al intere t,tdirect planning and carrying out of the program shall have any p ro riate steps to assure or induect, in this Contract; -and; the Contractor -shall take app p compliance. ' 7. Interest of Other Local Public Officials No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibersonahfman alcinteres ,tdirect planning and carrying out of the program shall have any p ro riate steps to assure or indirect, in this Contract; and, the Contract shall take app p compliance. g. Incomeoration 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 san h enfoor neon is not gnserted was included herein. If, through mistake or otherwise, any p or is not correctly inserted, the Contractor shall be amended to make such insertion on application by either party 17. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or Subcontractor by agreement or azbitration if such other Contractor or Subcontractor shall assert any claim against the Owner on account of any' damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and safe harmless the Owner against any such claim. 18. Acce tance of Final Payment Constitutes Release The acceptance by the Contractor of.final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or famished in connection with this work and for every act and neglect of the Owner and other's relating to or arising out of this work. 19. Right to Withhold Payments to Contractor , Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Contractor agrees he will indemnify and safe the Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissazy, incurred in. furtherance of the performance of this Contract.The Contractor, shall, at the Owner'sYequest, famish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, dischazged or waived. If the Contractor fails to do so, then the Owner, may, after having served written notice on the said Contractor, either pay unpaid bills of which the Owner has written notice, direct or withhold from the Contractor's unpaid compensation a sum of-money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no-event shall the provisions of this sentence be construed to impose any obligations upon the Owner to enter the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as payment made under Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. This provision shall not be construed to give rise to any third-party beneficiary rights in claimants. 20. Ineligible Subcontractors The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the Owner's prior written approval of the Subcontractor. 21. Civil Rights Act of 1964 Under the Title Vl of the Civil Rights Act of 1964, no person shall; on the grounds of race, color, national origin, sex, age or handicap, be excluded from poa iiandipa~io activby denied benefits of, or be subjected to discrimination under any p g receiving federal financial assistance. The Contractor will carry out'its work under this Contract in a Manner which will permit full compliance by the City with the Statute and the regulations adopted thereafter. 22. Indemnification The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and its respective officers, agents, and employees, from and against all damages; claims, losses, demands, suits, judgements, and costs, including reasonable attomeT vid d tha any such arising out of or resulting from the performance of the work, p damages, claim, loss, demand, suit, judgments, cost of expense: a. Is attributable to bodily injury, slotherssthanistheework tself) including the destruction of tangible property loss of use resulting therefrom; and ne h ent act or mission of the b. Is caused in whole or in part by any g .g Contractor, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regazdless of whether or not it is caused in part by a party indemnified hereunder. 23. Antitrust Contract hereby assigns to Owner any and all claims for overchazges associated with this Contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1, et seg. CITY" OF PORT AR•THLR, TEXAS TECHNICAL SPECIFICATIONS FOR G&~SS 1VIOWING OF ALONG HWY 73 1. SCOPE 1.1 These specifications cence ~ tertieso night of-~ays along Hwy 731 from plants on various City p p Taylor Bayou to Hwy 82. The contractor shall furnish all supervision, labor; materials, machinery, tools, equipment, fuel, and served, to perform and complete all -work in an efficient and workman-like manner as specified in the following. 2. 3 WORK ASSIGNMENT 1.1 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 acut-off time, all invoices will be due the last week of mowing. 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 Are 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- l0 feet off pavement. Corners at intersections will be moved a 45 degree to intersection for clear field of vision. Page 13 of 18 3.5 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. 4. MONOFILA?`4ENT T'RLMMING 4.1 Contractor shapll neatly trim ~ k ag sa at s ~ tablesr and strucbtures, etc.nto sa Trim around oles, sins, P PP radius of three (3) feet. 4.2 Contractor shall collect and dispose of clippings. No clippings will be allowed in the street. 43 Frequency of triiriming, 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 floweringlbushes, shall be maintained as requested by City's representative. (.approximately 2 times a year). 5.2 Contractor will be responsible for collecting and disposal of cuttings Page 14 of 18 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL SEPTEMBER 24 2007 Bid pmposat For GRASS MOWING ALONG ffiGHWAY 73 ~ ~ ~ Y~ -~'G~ S2 r ~ ~ L i whose principal The undersigned O O ~'~ !7 r"~ ~ '~ r T J~ -submits herewith, in confomuty place of business is with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF B DL_'- TCEM # DESCRIPTiO1H 1 12 CUTS A YEAR 2 1S CUTS A YEAR' 3 26 CUTS A YEAR Receipt of add~da is aclsaowledged: PRICE PER ' - a ~ Cf- ~ ,c o U ~I,~~U ~,c $ ~ `c ll ~' 0 No. 1 Dated S e Q '(-en. Pew ~ ~ ~~ Received ~ ~ ~ ~ 7 ~ S-~l~i! ~4~e Job S ~ ~G~G~ ~j2ruiCQ S'I'REETADDRESS COMP NAME 43 SIG T OF DER P.O. BOX G ~r~) 2M~Z {U~~ ~r~{~(~r 1 ~• ~16~D ---- CTTy STATE ~' (PRII3T O TYPE NAME) ,I,H,~ AREA CODE TELEPHONE NO. i BID OPENING DATE' SEPTEMBER 19 2007 CITY OF PORT ARTHUR IDSTRUCTIONS TO BIDDER sh their complete REMIT TO ADDRESS and $idders are requested to furni TAX IDEN'T'IFICATION NUMBER ~ Indicated below: REMIT PAYMENT TO: -- r 'T~aL'~Gr Ter~,~ ce COMPANY ° ~- ~ S~i~rf Su'IP Q ~ CJx ADDRESS ~f~~ ~-r ~ex~5 ~?= CITyISTATE/ZIP C7 s ~ SEND PURCHASE ORDER TO: ~ S ,~~ ~ C e -- r TraLfG~' colvrnANY ' ~ s {~,~ ~ ~~ ~ ADDRESS S ~~ / J `~~e CITY/STATE/ZIP O r "fi 4-~7- 4~-3~~ 3 1•AX IDEN'T'IFICATION NUMBER . Page 16 of 18 0 AFF~VTI' All Pages in the offerer's bid proposal containing statements, letters, etc., shall be signed by a duly authorized officer of the company, Whose signature is binding on the bid proposal. .lye undersigned offers and agrees to one of the following: ~. I hereby certify that I do n~ a outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this agreement. I hereby certify that I do have outstanding debts with the of Port Arthur and agree to pay said debts prior to debts ~ City Bement. I further ~~ to pay succeeding . execution of this agr they become due. I hereby certify that I d_ o havg outstanding debts with the City of Port Arthur and agrees to enter into an agreement for . the payment of said debts. I further agree to pay succeeding debts as they become due. My proPos~ ~eement to pay the debt is as delineated in the attached proposed Payout. NAME OF OFFERER: ~ v J TTI'LE Y`e f po. ~x4~ ADDRESS 545. t S``d ~ _ CITY/STAT'E/ZIP ~ ~ ~ ~ ~ r1 ~, v ~' ~ TELEPHONE NUMBER - SIGNATURE SWORN to befoie me by f ,. -, ..» this the day of I i ref'='r • `.,-s-L~' Notary Public in and for the State of RETURN THIS AFFIDAVIT AS PART OF THE BID named DANA HAMM MY COMMISSION EXPIRES Oclo6er 13, 20x8 Page 17 of I S `~~ CONFLICT OF INTEREST STATEMENT Please delineate all owners of your company- If you have any contractual business relationship or family relationship with any member of the governing body of the City or if you expect this to occur, please so state: Signature page l8 of i8 6699 .. . r •^J 01pal P7VIW) {LaraQepAffMaf[I) . (Raprdrad FNnO wlsro~ ma A cd tYtal:o) . r CG(771F)C,1TE OP :TANOAAO fORbf CONTfL{CT FOq 1AN' GEPgRTMET/YRfdEWANDCITYCOUHCILAGENDA J eatuTr titat Iho eormacs pteraNanu Woo Soio OonUaR daaad ro Ot0 atoutad propaed Chy Covnei iiealuuon . 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