HomeMy WebLinkAboutPR 14573: JOEY'S TRACTOR SERVICE - MOWING HWY. 73CI2J2~0~' ~Ol~~l'A1~~fv1~,
Parks and Recreation r
MEMORANDUM r
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
1 g $ 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 AWARDII~TG AND AUTHORIZING THE EXECUTION OF A
IvIOWING 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 hvo (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
Tractor Service for mowing of Highway 73 for cuts in an amount not to exceed
$
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
Tractor Service for cuts in an amount not to exceed $ for mowing of
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 Pazks & 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:
P. R. 14573
02/18/2008/kl
Mayor
ATTEST:
Acting City Secretary
APPROVED AS TO FORM:
~~
City Attorney
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons, City Manager
Dr. Albert Thigpen, Interim Director of Parks and Recreation
A RnnOVED AS O/AVAILA/BIL,I,T^Y OF FUNDS:
rRebecca Underhill
Director of Finance
EXHIBIT "A"
CITY OF PORT ARTHUR TEXAS
BID SHEET
DESCRIPTION: GRASS MOWING ALONG HIGHR'AY 73
BID OPENING DATE: OCTOBER 3, 2007
NAA9E OF BIDDER NAAZE OF BIDDER
NORTHSTAR
UNLIMITED JOEY'S TRACTOR
SERVICE
TCEDI U0~1' TTE9i LINI'I' COST UNTT COST
l CUTS l2 CUTS A YEAR $ 4,870.00 $ 3,499.00
2 CUTS 18 CUTS A YEAR $ 4 370.00 $ 3,499.00
3 CUTS 2b CUTS A YEAR $ 3,870.00 $ 3,499.06
CASHIER CHECK $ 2,922.00 $ S,OOU.00
PLACE OF
BUSINESS
BEAUMONT
PORT ARTHUR
Paee 1 of 1
EXHIBIT "B"
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 corporation 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 March 2008 to March 2009.
Z. 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 furnish at his own expense all of
the materials, supplies; tools. equipment, labor and other services necessary to
connection therewith, excepting those supplies specifically not required of Contractor
in the Specifications.
4. The CONTRACTOR 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 of Award
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 Agreement in (2 copies) each of which shall be
deemed an original on the date &rst 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, hereinafrer 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 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 [his 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 Contract shall be sub-contracted without the prior
written approval of the City. Any work or services subcontracted hereunder shall
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.
6. Interest of Members of City
No member of the governing body of the locality and no other public official of
such locality, 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.
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 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 Contract shall take appropriate steps to assure
compliance.
8. 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
was included herein. If, through mistake or otherwise, any such provision is not inserted
or is not correctly inserted, the Contractor shall be amended to make such insertion on
application by either party.
9. Certificates and Permits
Contractor shall secure at his own expense all necessary certificates, licenses,
approvals and permits from municipal or other public authorities required in connection
with the work of this Contract or any part thereof, and shall give all notices required by
law, ordinance or regulation. Contractor shall pay all fees and charges incident to the due
and lawful prosecution of the work performed by him.
10. Materials, Services and Facilities
a. [t is understood that except as otherwise specifically stated in the Contract
Documents, the Contractor shall provide and pay for all materials, labor, tools.
equipment, water, and all other services of every nature whatsoever necessary to
the performance of this Contract.
11. Contractor's Oblieations
The Contractor shall and will, in good workmanlike manner, do and 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 [he provisions of this
Contract and said specifications.
The Contractor shall observe, comply with and be subject to all terms, conditions,
requirements and limitations of the Contract and specifications, and shall do, carry on and
complete the entire work to the satisfaction of the Owner.
12. Insurance
The Contractor shall not commence work under this Contract until he has obtained
all the insurance required herein and such insurance has been approved by the Owner, nor
shall the Contractor allow any Subcontractor to commence work on his Subcontract until
the insurance required of the Subcontractor has been so obtained and approved. (See
information to Bidders, paragraph 5).
13. Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work or from
authorizing its prosecution either before or after its prosecution, by reason of any litigation,
the Contractor shall not be entitled to make or assert claim for damage by reason of said
delay, but time for completion of the work will be extended to such reasonable time as the
Owner may determine will compensate for time lost by such delay with such deterntination
to be set forth in writing.
l4. Notice
Any notice to any Contractor from the Owner relative to any part of this Contract
shall be in writing and considered delivered and the service thereof completed, when said
notice is posted, by certified or registered mail, to the said Contractor at his last given
address, or delivered in person to the Said Contractor or his authorized representative on
the work.
15. Subcontractor
a. The Contractor may utilize the services of specialty Subcontractors on those
parts of work which, under normal contracting practices; are performed by
specialty Subcontractors.
b. The Contractor shall not award any work to any. Subcontractor without prior
written approval of the Owner, which approval will not be given until the
Contractor submits to the Owner a written statement concerning the
proposed award to the Subcontractor which statement shall contain such
information as the Owner may require.
c. The Contractor shall be as fully responsible to the Owner for the acts or
omissions of his Subcontractors, and of persons either directly or indirectly
employed by them, as he is for the acts and omissions of persons directly
employed by him.
d. The Contractor shall cause appropriate provisions to be inserted in all
Subcontracts relative to the work to bind Subcontractors to the Contractor
by terms of the General Conditions and other Contractor Documents insofar
as applicable to the work of Subcontractors and to give the Contractor the
same power as regards terminating any Subcontractor that the Owner may
exercise over the Contractor under any provision of the Contract
Documents.
e. Nothing contained in this Contract shall create any contractual relation
between any Subcontractor and the Owner.
l6. Assienments
The Contractor shall not assign the whole or any part of this Contract or any
monies due or to become due hereunder without written consent of the Owner. Incase the
Contractor assigns all or any part of any monies due or to become due under this Contract,
the instrument of assignment shall contain a clause substantially to the effect that it is
agreed that the right of the assignee in and to any monies due or to become due to the
Contractor shall be subject to prior claims of all persons; firms and corporations of services
rendered or materials supplied for the performance of the work called for in this Contract.
,..
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 arbitration 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. Acceptance 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
furnished 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. l~ht 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 commissary, incurred iri furtherance of the- performance of this Contract.The
Contractor, shall, at the Owner's request, furnish satisfactory evidence that all obligations
of the nature hereinabove designated have been paid; discharged 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 VI 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 participation in, be
denied benefits of, or be subjected to discrimination under any program or activity
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 attorneys' fees and expenses,
arising out of or resulting from the performance of the work, provided that any such
damages, claim, foss; demand, suit, judgments, cost of expense:
a. [s attributable to bodily injury, sickness, disease, or death or injury to or
destruction of tangible property (other than the work itself) including the
loss of use resulting therefrom: and
b, Is caused in whole or in part by any negligent act or mission of the
Contractor, or Subcontractor,. anyone directly or indirectly employed by any
one of them or anyone for whose acts any of them may be liable, regardless
of whether or not it is caused in part by a party indemnified hereunder.
23. Antitmst
Contract hereby assigns to Owner any and all claims for overcharges associated
with this Contract which arise under the antitrust laws of the United States. IS U.S.C.A.
Sea I, et seg.
CITY" OF PORT ARTHUR, TEXAS
TECHNICAL SPECIFICATIONS FOR
GRASS MOWING OF ALONG H~YY 73
1. SCOPE
1.1 Tlaese specifications concern the mowing of grass, weeds and uncultured
plants on various City properties, right-of-ways along Hwy 73 from
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. WORK ASSIGNMENT
1.] The Contractor will be given-a schedule as to what week each area will be
cut. Failure to contact Citys 'representative as laid out in these
specitcations may result in the tem~ination of this contract Assignment
shall begin within X18 hours as to the a,~eed upon date and completed
within 24 hours of start. Time extension maybe granted due to inclement
weather or other act of nature only when contractor reyuest 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.
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 Co complete the task.
3.2 Are will be cleared of litter, debris prior to any mowing and all cuttings
and clippings disposed a[ in a proper manner at the time maintenance is
performed.
3.3 Ruts caused by contractor's equipment shall he filled at contractor's
expense.
3.4 Eimits of mowing are defined as the property lines of park right-of-way 8-
10 feet off pavement Comers 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 mo~eer to avoid rutting or by other means
approved by City's representative.
4. MONOFILAiVIENT TRIMMING
4.1 Contractor shall neatly trim alone 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 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 hco (2) weeks for these areas
during growing season.
5. HEDGEiTREE TRIMMING
5.1 Hedges, stands of -cane, oleander and other flowering'bushes, shall be
maintained as reyuesied by City's representative. (:~pproxnnately ?times
a year).
~? Contractor will be responsible for collecting and disposal of cuttings
page 14 of 18
CTI'Y OF PORT ARTHUR, TEXAS
BID PROPOSAL
SEPTEMBER 24.2007
Bid Proposal For GRASS MOWING ALONG ffiGHWAY 73
_ r
The undersigned ~~ ffO e- y S 1 Y` 4 L-~-GT~`/ J e t ~t r ~ L ,whose principal
ptace of business is 1 ~ ~~ ~ r^'~ ~ k Y I J~ • submits herewith, in conformity
with the General Instructions, Conditions, and Specifications for the following Bid:
OUTLINE OF BID:
ITEM # DESCRIPTION
12 Cars A YEAR
2 18 CUTS A YEAR
3 26 CUTS A YEAR
Receipt of addenda is aclroowledged:
PRICE PER C a o
$ ~4~t~x~
o U
$~ X~
OU
~~
34-~~ -
No. 1 Dated ~ 2__~h. pew ~ ~ `f ~ Received ~ ' ~ ~ " ~ 7
J. o ~ Y l s ~ Y'a C-'~Y~ 7er u t`Ce S ~ `'1 ! ~ 4 ~{
COMPANY NAME STREET ADDRESS
SIG OF DER
43
P.O. BOX
_~~ ~/ V r ~ l 2 rr. e Z f u r •} /t r~ ji yr l 7~ . ~ 16 ~4
(PRINT O~ TYPE NAME} CITY STATE ZIP
~j w -~ e r
TITLE
AREA CODE TELEPHONE NO.
BID OPENING DATE: SEPTEMBER 19.2007
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
i
COMPANY o ~ ~ ~ ~ k LfO f 2 ~ `~ ~ ~ ~ e
S~i~rr Sa~P ~ )~ cox 4- ~
ADDRESS p
CITY/STATE/ZIP 9 ~ s~ ~ f~~ ~'- r T e x~ s ~~~
SEND PURCHASE ORDER TO:
COMPANY ' o ~S ~raL~G~^ ~~~ ~ 2
ADDRESS 5 ~~ ~ J 4ot2 ~,~ ~ G~ ~"
CITY/STATF./ZIP ~ D r fi ~ ~~'h r~Y ~ ~ - ~ ~ ~' ~~
TAX IDENTIFICATION NUMBER ~ Q
Page 16 of 18
- 43-31~ 3
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:
~_ 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 agreement I further agree to pay succeeding delfts as
they become due.
I hereby certify that I do have outstanding debts with the
City of Port Arthur and ogees to enter into an agreement for
the payment of said debts. I further agree to pay succeeding
debts as they become due. My proposed agreement to pay the debt is
as delineated in the attached proposed payout
NAME OF OFFERER: J ~ ~'~ ~J ~ f ~ C,f U f J 2 (' v ~ C Q
TITLE (>_ ~ ~e f
,DRESS S
~d ~ i~ _U .
3
CITY/STATE/ZIP
TELEPHONE NUMBER ~ ~ ~ - ~ ~ ~ ~ ~ b7
SIGNATURE
~ ~ 1't C' ~ ^, v f
SWORN to before me by Ana ~e named
P 7_ on_this the ,-[ h
day of ~r hP.r , 20 ()` I
Notary Public in and for the State of
DANA HAMM
MY COMMISSfON EXPIRES
October 13, 2008
RETURN THIS AFFIDAVfT AS PART OF THE BID
Page 17 of 18
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:
v~
Signature ~ V
Page 18 of 18
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