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HomeMy WebLinkAboutPR 14567: TOMAHAWK LAWN SERVICE - MOWING CONTRACTcl~yo~~o~z'~~Zt~, Parks and Recreation r~oxarmvrz TO: ~ Stephen B. Fitzgibbons, City Manager FROM: Dr. Albert T. Thigpen, Interim Director Parks & Recreation DATE: February 15, 2008 RE: P. R. # 14567-Award of a Mowing Contract (2008) for the Mowing of Groups IX and X COMMENTS RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 14567, authorizing the City Manager of the City of Port Arthur to execute a contract with Tomahawk Lawn Service as shown on the attached bid tabulation forthe mowing of Groups IX and X in the City of Port Arthur in an amount not to exceed $ 10,800. BACKGROUND: The Parks and Recreation Department is responsible for the mowing of various City parks and right-of-ways year round in the City of Port Arthur. The City Council and the City Manager have made the appropriate maintenance of City Parks and right- of-ways a priority. In keeping with this mandate the Parks & Recreation Department has strengthened contract specification enforcement for mowing vendors; renewals are only offered to vendors who have satisfactory evaluations as determined by Parks & Recreation staff. BUDETARY/FISCAL EFFECT: The estimated cost of this contract is $ 10,800. Funding is available in the FY 2008 budget, Account No. 001-1207-531.31-00. EMPLOYEE(STAFF EFFECT: Acceptance of this recommendation will not affect the staffing levels at this time. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 14567, authorizing the City Manager of the City of Port Arthur to execute a contract with Tomahawk Lawn Service as shown on the attached bid tabulation forthe mowing of Groups IX and X in the City of Port Arthur in an amount not to exceed $ 10,800. P. R. #14567 02/15/2008/ca RESOLUTION NO. A RESOLUTION AWARDING AND AUTHORIZING THE EXECUTION OF A MOWING CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND TOMAHAWK LAWN SERVICE FOR GROUPS "IX" AND "X" NOT TO EXCEED $ 10,800; SAID ANNUAL CONTRACT IS FOR MOWING VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY; ESTIMATED ANNUAL COSTS 10,800 PROPOSED FUNDING: PARKS DIVISION, FY 2008 BUDGET ACCOUNT NO.001-1207-531.31-00. WHEREAS, bids from ten companies were received for mowing services on February 20, 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, awazds a mowing contract, based on a mowing frequency as follows: Zero/None in January or Februazy; and two (2) per month in March, April, May, June, July, August, September, and October: one (1) cut, in November and December for a total of eighteen cuts, to the lowest and best responsible bidder in accordance with Exhibit "A". Tomahawk Lawn Service for Groups "IX" and "X" in the amount not to exceed ~ 10,800. 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 Tomahawk Lawn Service for $ 10,800 for mowing for the Parks Division on various City property, parks and right-of--ways 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 standard 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 is or will be made available in the Parks & Recreation Division FY 2008 Budget Account No. 001-1207-531.31-00. 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, of a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor ATTEST: Acting City Secretary P. R. 14567 02/15/2008/ca APPROVED AS TO FORM: City Attorney APPROVED FOR ADMIIQISTRATION: City Manager Director of Parks and Recreation .ROVED A O AVAILABILITY OF FUNDS: Rebecca Underhill Director of Finance u~l A 6G A ~f CITY OF PORT ARTHUR TEXAS BID SHEET DESCRIPTION: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS dN GROUPS dli ,VII, IX, X, XI & XII IN THE CITY OF PORT ARTHUR BID OPENING DATE: FEBRUARY 20, 2008 NAME OF BIDDER NAME OF BIllDER NAME OF BIDDER NAME OF BIDllER NAMF, OF BIDDER PICK TWO, INC NORTHSTAR TREY'S TRACTOR AFFORDABLE JOEY'S TRACTOR UNLIMITED SERVICE LAWN CARE SERVICE ITEM UOM ITEM UNIT COST UNIT COST UNIT COST UNIT COST UNIT COST $3,700.00 $6,435.00 NO BID NO BID NO BID 1 CU"TS MOWING GROUP III $2,300.00 $4,975.00 NO BID NO BID NO BID 2 CUTS MOWING GROUP VIl $1,]00.00 $1,445.00 NO BID $2,900.00 $750A0 3 CUPS MOWING GROUP IX $900.00 $1,400.00 NO BID $1,800.00 NO BID 4 CUTS MOWING GROUP X $800.00 $1.,965.00 $325.00 $1,580.00 NO BID 5 CUTS MOWING GROUP X[ NO BID $2,495.00 $765.00. NO BID NO BID 6 CUTS MOWING GROUP Xll CASHIER CHECK PORT AKTFIUR BEAUMONT PORT' AKTIiUR PORT ARTHUR PORT' AR'i'IIUR PLACE OF BUSINESS Page 1 of 2 CITY OF PORT ARTHUR TEXAS BID SHEET DESCRIPTION: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN GROUPS lII ,VII, IX, X, XI &XII IN THE CITY OF PORT ARTHUR BIll OPENING DATE: FEBRUARY 20, 2008 NAME OF BIllllER NAME OF BIUUER NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER YARDS R US GRASSHOPPER SCOTT TOTAL T07'AL LAWN TOMAIiAWK LAWN SERVICE LAWN CARE CARE LAWN SERVICE ITEM UOM ITEM. UNIT COST UNIT COST UNIT COST UNIT COST UNIT COST f! NO BID NO BID NO BID NO B1D NO BID I CUTS MOWING GROUP III NO BID NO BID NO BID NO BID NO BID 2 CUTS MOWING GROUP V[I NO BID $1,325.00 $420.00 NO Blll $250.00 3 CU3'S MOWING GROUP IX $800.00 $1,000.00 $800.00 $450.00 $350.00 4 CUTS MOWING GROUP X NO BID $555.00 NO BID NO BID NO BID 5 CUTS MOWING GROUP XI NO BID NO BID NO SID NO BID NO BID 6 CUTS MOWING GROUP XII CASHIER CHECK ~' PORT ARTHUR PORT ARTHUR PORT ARTHUR PORT ARTHUR GROVES PLACE OF BUSINESS Page 2 of 2 EXHI~I'T "S" ONE YEAR CONTRACT MOWING OF VARIOUS CITY PROPERTIES PARKS, RIGHT-OF -WAYS IN THE CITY OF PORT ARTHUR FY 2008 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 TOMAHAWK LAWN SERVICE. (Individual, firm, partnership or corporation) herein acting by and through hereinafter called "CONTRACTOR" WITNESSETH: 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 Mazch 2008 to March 2009. The Contractor will perform mowing and trimming and removal of litter and debris on City-Owned & Private-Owned properties in Groups "IX" and "X" 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 therewrith, 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 $ 10,800. 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 Awazd 6. This Agreement shall be binding upon- all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed hi A ement in (2 copies) each of which shall be by their duly authonzed officials, t s gre deemed an original on the date first above written. 2008 Signed on the day of ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2008 ATTEST CONTRACTOR BY CITY SECRETARY Vendors: Sealed Bids, subject to the General Instructions, Conditions and Specifications, as provided will be addressed to the City Secretary of the City of Port Arthur, Texas in DUPLICATE. Sealed BIDS shall be received no later than 3:00 P. M. February 20, 2008 at the City Secretary Office and all bids received will thereafter be operied and read aloud at 3:15 P. M. on February 20, 2008 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for the following: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN GROUPS III ,VII, IX, X, XI & XII IN THE CITY OF PORT ARTHUR BIDS SHALL BE PLACED IN A SEALED ENVELOPE, with the bidder's name and address in the upper left hand corner of the envelope. FACSIMILE TRANSMITTALS SHALL NOT BE ACCEPTED. BIDS MUST BE submitted on the pricing form included for that purpose in this packet and SIGNED BY A PERSON HAVING THE AUTHORITY TO BIND THE FIRM IN A CONTRACT. MARK ENVELOPE: GRASS CUTTING Sealed Bids shall be submitted to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY CITY SECRETARY P. O. BOX 1089 .444 4TH STREET PORT ARTHUR, TEXAS 77641-1089. PORT ARTHUR, TEXAS 77640 ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. Bids received after the closing time specified will be returned to the bidder unopened. Awazd will be made as soon as practicable after opening. To obtain information, or if you have any question, please contact Clifton Williams at the City of Port Arthur Purchasing Office, at (409) 983-8160. The City of Port Arthur reserves the right to 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 of Port Arthur. Sincerely, 7oseph Broussazd Purchasing Manager 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 the Bid or Proposal Specifications listed in this Bid Package. The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to prepaze SEALED BIDS IN DUPLICATE for furnishing: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN GROUPS III ,VII, IX, X, XI & XII IN THE CITY OF PORTARTHUR Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, P. O. Box 1089, Port Arthur, Texas 77641. Bids shall be received no later than 3:00 P. M. February 20, 2008. Bid proposal MUST BE SIGNED BY THE BIDDER. All bids meeting the intent of this request for bid will 'be considered for awazd. 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 exception 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. Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. The City reserves the right to: 1. Reject any and all bids, and to make no awazd if it deems such action to be in its best interest. 2. Award bids on one area or multiple azeas, 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. Awadd 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 and the City decides that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City including the employment of residents in the City and increased tax revenues for the City. Bidders w~1T have to provide documentation as to the status of the entity (dba, corporation, partnership, etc) and provide documentation as to its principal place of business. The awazd if made, shall be made to the responsible vendor(s) whose bid is determined to be the lowest offer; taking into consideration the relative importance of price, conformance to specifications and capability and experience of the contractor. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST. No public official shall vote on this contract in violation of Chapter 171- Local Government Code. ETHICS: The bidder shall not offer or accept gifts or anything of value, nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTNE 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. Be otherwise qualified and eligible to receive an awazd. 3. Be engaged in a full time business, and can assume liabilities for any performance or warranty service required. 4. The City Council shall not awazd a contract to a company that is in arreazs in its obligations to the City. 5. No payments shall be made to any person of public moneys under any contract by the City with suck person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. 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 Senior Purchasing Assistant. Addenda will be mailed to all who aze known to have received a copy of the ITB. Offerers shall acknowledge receipt of all addenda. BONA FIDE BUSINESS THAT CLAIMS THE CITY OF PORT ARTHUR AS ITS PRINCIPAL PLACE OF BUSINESS: The official business address (office location and office personnel) shall be a Port Arthur address, 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. 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.: Pazks Department, P. O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of two (2) original invoices and verification by a City Environmental Inspector the work has been done properly. 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. Venue shall be in Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and- no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract as provided by Chapter 573 Government Code; 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 anyone owing delinquent taxes, paving assessments or any money to the City until such debts aze paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. CONTRACT: The following will comprise the contract .between the City and the successful bidder: 1. Agreement ° 2. Advertisement for Bids 3. Addenda 4. General Information 5. Specifications 6. Bid 7. Notice of Awazd 8. Notice to Proceed QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities aie 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 and that the contractor will not have an exclusive mowing contract.. All bids will remain in effect for one yeaz after the bid opening date. No person has the authority to verbally alter these specifications. Any interpretations, corrections or changes to this ITB and specifications will be made in writing by the Purchasing Division of the City of Port Arthur and sent to each person having a bid package. The vendor must be an authorized dealer for all products offered. The vendor must give the manufacturers name and product description of all items. Inferior products, products which perform at a substandazd level, or poorquality products will be rejected. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, Texas 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 paztY• 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 appazent silence of these specifications as to any detail or to the appazent omission from it of a detailed description concerning any point shall be regazded as meaning that only the best commercial practices aze 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 convenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at-least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. If the Contractor is unable to mow a lot or lots in a timely manner, the City also reserves the right to utilize another vendor or bidder to mow these lots and charge the Contractor for the extra costs. 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 grass cutting that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous pazagraph hereof relative to termination shall apply. Unscheduled job-site inspections will be performed by the City of Port Arthur Pazks Depaitment Representative. Failure to abide by the City's .specifications will be grounds for termination of the contract EXPERIENCE & CAPABILITY:- Bidder shall include the following information to describe the experience and capability factors of the company: 1. Number of yeazs in operation. 2. Largest dollaz amount of contract currently: in effect with a business 3. References of at least three (3) businesses with whom your company has completed similaz type work within the last year. 4. Equipment currently owned or leased by your company. 5. Number. of employees currently employed. . 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 necessazy 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 filial acceptance by the City. SUB-CONTRACTS. The Contractor shall not execute an agreement with any sub- contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by • anyone directly or indirectly employed by any of them, or by anyone -for whose acts any of them may be liable, of the following types and limits 1. 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 regazdless 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 yeaz limit of $2,000,000 for contracts in excess of $100;000. 3. Commercial Automobile Liability Insurance (Including owned, non- owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits aze $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. PRE-BID MEETING MANDATORY PRE-BID MEETING IS SCHEDULED FOR 8:45 A.M. ON FEBRUARY 13, 2008 AT THE RECREATION DEPARTMENT WHICH IS LOCATED AT 1308 9T" AVENUE BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guazantee of 5% of the Greatest Amount Bid. The bid guarantee shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within ninety days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, famish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal. of said bid within said period, or the failure to enter into or to comply with this. Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. The check will be returned when formal Contract, bonds and insurance aze approved, and work has commenced. within the time specified. The Bidder to whom the awazd is made shall execute and return the formal Contract with the OWNER and required Insurance Documents within ten (10) days after the prescribed forms aze presented to him for signature. Said period will be extended only upon written presentation to the OWNER, within said period, of reasons which the sole discretion of the OWNER, justify an extension. If said Contract, and insurance Documents aze not received by the OWNER within said period or if work has not been commenced within the time specifed, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the bidder shall be liable to the CITY for any excess cost tb the OWNER over bid amount. Further, the bid guarantee shall be forfeited to the CITY as reimbursement-for damages that the City has incurred and the City may awazd the contract to another bidder.. JUNK AND LITTER If there aze any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, excessive litter, inability to access property, or inability to mow for any reason, the Contractor should bring .these matters to the attention of the City's authorized agent, before attempting to mow. 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. CITY OF PORT ARTHUR, TEXAS TECHNICAL SPECIFICATIONS FOR GRASS MOWINGOF VARIOUS CITY PROPERTIES, PARKSAND RIGHT-OF -WAYS IN THE CITY SCOPE 1:1 These specifications concern the mowing of grass, weeds and uncultured plants on various City properties, pazks, 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 served, to perform and complete all work in an efficient and workman-like manner as specified in the following: 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 scut-off time, all invoices will be due the last week of mowing. 3. MOWING SPECIFICATIONS 3.1 Each azea 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 similaz 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-wav 8- . 10 feet off pavement. Comers 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. These areas aze noted on bid schedule =~B„ 3.6 Along some Right-of--Ways it should be noted that they are maintained by citizens in some azeas. 4. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim along sidewalks, curbs, and abutting fences. Trim azound poles, signs, pazk appazatus, tables and structures, etc. to a radius of three (3) feet. 4.2 Contractor shall collect and dispose of clippings. No clippings will be allowed in the street. 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 2 times a year). 5.2 Contractor will be responsible for collecting and disposal 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. PROJECT AREAS PM= Pazk Maintenance See following page(s) GROUP IX A. London Bridge Pazk - 3100 Touraine Avenue B. Northside underpass @ Highways 73 & 347 C. Cecil Reynolds Pazk - 3900 36`h Street and 4008 39`~ Street GROUP X A. Medical Center Blvd from West Jimmy Johnson to Highway 365 B. West Jimmy Johnson to dead end CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE 1 of 2 FEBRUARY 23. 2006 Bid Proposal For MOWING OF VARIOUS CITY" PROPERTIES, PARKS AND RIGHT-OF-WAYS ON GROUPS II AND VIII IN THE CITY OF PORT ARTHUR The undersigned- ~c~/''1R{~lhc.~L ~~W~ Se~c.w:a ,whose /~ _ principal place of business is l.~`~t 3 ~ / ~~X/~ S ~ submits herewith, in conformity with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF BID: ITEM # DESCRIPTION I. MOWING GROUP III 2. MOWING GROUP V"II 3. MOWING GROUP IX ° 4. MOWING GROliP X 5. MOWIi IG GROUP XI 6. MOWING GROUP XII Receipt of addenda is acknowledged: No. 1 Dated SIGNATURE OF BIDDER PRICE PER CUT ~ ~~,~ ~ >~ 5 A hbU 3~0, ~~ ~3so.~ -~ _ g Nc ~7ici ~~, ~ ;i S N~0 ~ ~i j1.rv.GN Received -Y Page 17 of 21 CITY" OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE 2 of 2 COb1PANY NAME SIGNATURE OF BIDDER. ~c~~G~ ~~~~y~;~ (PRINT OR TYPE NAME) ~~~e~- TITLE EMA[L STREET ADDRESS P.O. BOX CITY STATE ZIP AREA CODE TELEPHONE NO. Page 13 of21 BID OPENING DATE: FEBRUARY 20. 2008 CITY" OF PORT ARTHUR NSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REIvIIT PAYMENT TO: c-- COMPANY jl'~y~-L(kllltk%IC ~Gkw,~ ~<?r~yii.-~ ADDRESS ~1G ~y fC,vo S~~z t~ - CITY/STATE/ZIP l ~n:~yY> I~/ ~n~ ~ ~ SEND PURCHASE ORDER TO: COMPANI' ~ i7~"`` A ~rtac~r~ ,~~-..'y ~~;n yj`t---rs ADDRESS 7 ~ ~~ ~N~ 5d ~-~` S CITYISTATE/ZIP ~^~~n'-~ ~ ~~ ~ I TAX IDENTIFICATION NUMBER '7y`3cs~o~~ Page 19 of 21 AFFIDAVIT 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. The undersigned offers and agrees to one of the following: jl I hereby certify that I do not have 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 City of Port Arthur and agree to pay said debts prior to execution of this affeement. 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 agrees to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. hfy proposed agreement to pay the debt is as delineated in the attached proposed payout. NAME OF OFFERER: ~GNdk~ ~~`].-~jaY+-,rte TITLE G~'N''--~ ADDRESS ~ ~ y ~! ~~' ~`'~~ CITY/STATE/ZIP ~'t'cv/z ~ ,~ ~tnl~ TELEPHONE NUMBER l ~ ~~~ `~ ~ 7"~`1 ~ ~ SIGNATURE ~'~^-fit ' "~'""w' / / S 'BSCRIBED AND SWORN to before me by the ~ ~ ve named ~~j_Yr C.-1C{~ ~.t„ ~ ~ ~ fyt ~ on this the ~ 'i~ day of Ytur~ , 20 G $ Notary Public in a fl for the State of ~X/t5 ,a'ti~!_°.ye%, GALE HEBERT ;=o:-" ~- RETURN THIS AFFIDAVIT : ~,~'` ~(~Fa°~~~R~~P~~ AL ''",FOF~P'`` OCTOBER 37, 2008 Page 20 of 21 /~ ~' 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 21 of 21 EXHIBIT "C" (City of Port Arthur) (Law Depar[ment) . (Required Form) (718(88) (1015!59) (3/15/90) (9 8 84) '[p,2 Revised 9!15/90) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I cerlily that the contact (hereinetler called llc ble slenda d ilorme onlreck (lha lh a of wh ch Iz shown bebw)selvlion No. is an exact duplicnle et en app previously approved by the Law department and adopted as a standard loan by City Council ResoSUtion, except fort e blanks Thal have been filled in wish atl necessary tntormation and except for the cfianges described below. The title eI the applicable slnrdard form contract is [) Federally Funded Construction Contract, Revised 115/59, 7(99. 5189: 4/25/94 [ ] NoroFede~ally Funded Construction Canlract, Revised 115(55, 7!89. 8/99; 4128194 10159; 2191 (§8) [ } Federal - Professional Services -Engineering Contract, flevised 115!88, 5(59 (§10) 7189!(§5), [ j Non-Federal -.Prolesslonal Services -Engineering Contact, Reused 1/5(88, 5(59(§f 0), 7/89 t§889 O25B1 (§51 (~) [~) CDBG - Professional Services - Engineering Contract, Revised 115/59, 5/99 (§101, 7!89(§9). [ ] Federal - Professional Services - 1 p 7/89 148): 10199; 2181 (§8) Non-Engineering (Consultant) Contecl, Revised 115158. 5189 (§ )• [ ] Non-Federal -Professional Services - ~ f p 7/99 (§51; 10)99! 2191 (§8) Non-Engineering (Consultant) Contract, Devised 1/5/58. 5189 (§ )• O CDBG -Professional services - 10 7 59 10/89; 2/91 (§5) NomEngineering {Consultant) Contact, Revised 1(5150, 5159 (§ ), f (481: [ ] Other Standard Folm Contract, described as follows. The changes era as follows: (Put an "X- in the appropriate O1 . [None: [) Tha following described provisions at Iha Indicated page, section, ale. o! the standard form have been deleted Rom sold contract: DELETIONS Subsecllon or page Number Section of Paragraph No. Subparagraph No. Where and Capgon and Cepllan belated Provision Which yyhjch Contains Prevlslon is Cantalns Prevision Deleted From Form Deleted Found OnFourd On 5~ '~-- Description al Provision (p.2 Revised 8118190) (Cedlfcale of Standard Form Contrect, page 2) O The following described provisions al the indicated page, section, etc. o11he standard loan have beon soared, modlf ed, replaced or aiherwise changed: _ ALTERATIONS, MODfF1CATIONS, REPLACEMENTS, ETC. Sub § or Sub 11 No Page No. § or 4 No. & Captior. - & Caption NJhere Provision Fourd ~ ~ of Standard Form of Form rd S Stend on which t N h Standard Form ~ Contains Provision Contains Provision Deseriptlon OI Provision In Standard Form Page § R cepton svb § & caption, etc. of sold contract which contains altered, etc. provision; & Description of Alteration etc. t j The tollovdng provisions have bean added to Sald Contrect: Page, Section and Caption Subsection and Caption, etc. of Sald Contract Which Contains the Added Provision and bescripBon Thereof I lurther certify that said atached proposed City Council Resolution contains the following provision: 'Thal said contract Is an exact duplicate of fl City Standard Form Contrect except for the changes described in the Certificate of Standard Form Contrect, a copy o1 which Is attached hereto as Exhlblt'8' end is hereby In<orporeted 6y reference, and said changes are hereby approved.' as to tomrend by that Csty Council in relew ng and dopling (o,~ejectlng) satdr Resolul on erd provi Conlractecling) Signed this ZZ `- -day of - part nt Nead or Assistant City Msnger Paoe 7. 012