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HomeMy WebLinkAboutPR 21637: GRASS CUTTING CONTRACT , 1 �/ City of a4 nrt rthu�� Tirrrs INTEROFFICE MEMORANDUM Department of Development Services Division of Housing and Neighborhood Revitalization Date: October 14, 2020 To: City Manager Mayor and City Council From: Beverly A. Freeman, Housing &Neighborhood Revitalization Manager RE: Proposed Resolution No. 21637—Grass Cutting Contract Nature of Request: The Housing Division recommends City Council adopt Proposed Resolution No. 21637, authorizing the City Manager to execute a one year contract, with the option to renew for one additional year, between Southeast Texas Lawn & Maintenance of Beaumont, Texas, and the City of Port Arthur for grass cutting services for NSP and City owned properties. Southeast Texas Lawn & Maintenance of Beaumont, Texas was the lowest most responsible bid. Staff Analysis/Considerations: The Purchasing Division submitted request for quotes on August 10, 2020. The quotes were received and opened on Wednesday, September 9, 2020 at 3:00 P.M. with a total of two (2) vendors. Budgetary Consideration: The projected annual budgeted amount shall not exceed $30,975.00. Funds will be provided by account numbers 001-1053-517.59-00 and 105-1431-552.59-00 Project Number C44119. Recommendation: The Housing Division recommends City Council adopt Proposed Resolution No. 21637, authorizing the City Manager to execute a one year contract, with the option to renew for one additional year, between Southeast Texas Lawn & Maintenance of Beaumont, Texas, and the City of Port Arthur for grass cutting services for NSP and City owned properties. P. R. 21637 10/14/20 BF RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR CONTRACT, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL YEAR, BETWEEN SOUTHEAST TEXAS LAWN & MAINTENANCE OF BEAUMONT, TEXAS AND THE CITY OF PORT ARTHUR FOR GRASS CUTTING SERVICES FOR NSP AND CITY OWNED PROPERTIES WITH AN ANNUAL BUDGETED AMOUNT NOT TO EXCEED $30,975.00. FUNDS ARE AVAILABLE IN HOUSING ACCOUNT NOS. 001-1053-517.59-00 AND 105-1431-552.59-00, PROJECT NO. C44119 WHEREAS, there is a need for the Housing Division to procure grass cutting services for NSP and City owned properties; and WHEREAS, the Purchasing Division administered the soliciting of quotes on August 10, 2020. The quotes were opened on September 9, 2020; and WHEREAS, there was a total of two (2) quotes submitted for the properties, as identified on the attached Bid Tabulation Sheet marked Exhibit "A"; and WHEREAS, Southeast Texas Lawn & Maintenance was the lowest and most responsible bidder for the grass cutting services; and WHEREAS, this is a one-year contract with the option to renew for one additional year. The projected annual budgeted amount shall not exceed $30,975.00 annually. 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. Section 2. That, for purposes of this Resolution, the properties are located throughout the City. Section 3. That, the City Manager is hereby authorized to execute, on behalf of the City of Port Arthur, a one-year contract with Southeast Texas Lawn & Maintenance, with the option to renew for one additional year for grass cutting services of NSP and City owned properties in the not to exceed contract price of $.0016 per square foot for the mowing of vacant properties throughout the City, with an annual budgeted amount not to exceed Thirty Thousand Nine Hundred Seventy-Five Dollars & No/100 ($30,975.00), in substantially the same form as attached hereto as Exhibit "B." Section 4. 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 November A.D., 2020 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBERS NOES: THURMAN "BILL" BARTIE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED FOR FORM: VAL TIZE O, CITY ATTORNEY APPROVED FOR ADMINISTRATION: RON BURTON, CITY MANAGER BEVERLY FREEMAN, HOUSING & NEIGHBORHOOD REVITALIZATION MANAGER CLIP-I• N WILLIAMS, CPPB, PURCHASING MANAGER APPROVED AS TO AVAILABILTY OF FUNDS: KANDY DANIEL; INTERIM DIRECTOR OF FINANCE EXHIBIT "A" as ny 0 tjill O CI � n n CJI bOi y :=.( tri y ....,.---F C 7 c ‘,..;„ Lti o , 0 4 O Z '' d O o t c � , C H Z - ,11 to d b Rey o = °zx 0 N c x '� y O G y 00 txn � tzY 2 4y 0 •© 4Ztxn c C c � Yy n � rri z Ro EXHIBIT "B" CITY OWNED AND NSP VACANT PROPERTIES GRASS MOWING CONTRACT THIS AGREEMENT, made this day of , 2020, 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 Southeast Texas Lawn & Maintenance, a sole proprietorship by and through Anthony Young, 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: 1. The term of this Contract shall be for one (1) year, from start date on Notice to Proceed, with the option to renew for one (1) additional year, unless sooner terminated in the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with ten(10) days written notice. 2. The CONTRACTOR will perform mowing, trimming and removal of litter and debris on the Various City owned and NSP Vacant properties in designated areas of the City as stated in the Contract Documents. Various properties may be added or removed from the lists on a case by case basis. 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 the 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 price of$0.0016 per square foot for City owned and NSP Properties. City owned and NSP properties are subject to be added or removed from the lists of properties. 5. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the "Notice to Mow" and will complete within seven (7) days unless the period for completion is extended otherwise by the Contract Documents. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Quote c) Specifications& General Information d) Bid Tab Sheet e) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. A- 1 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 first above written. SIGNED on this the day of , 2020. OWNER: CITY OF PORT ARTHUR BY: Ronald Burton, City Manager ATTEST: Sherri Bellard, City Secretary SIGNED on this the day of , 2020. CONTRACTOR: SOUTHEAST TEXAS LAWN & MAINTENANCE BY: Print Name: Title: WITNESS: By: Printed Name: A- 2 CITY OF PORT ARTHUR ADDENDUM#1 COY n( � QUOTE SHEET 1 ,1 (Specifications are attached) or! (lur Texas Date of Request: 8/10/2020 Department Requesting Quote: Housing Bid Number: P20-063 Services Needed: Mowing of NSP Properties Quote Due Date &Time: Wednesday, September 9, 2020 by 1:00 P.M. Delivery: Quotes are to be faxed to(409) 983-8291, E-mailed to Clifton.williams@portarthurtx.gov Delivered to the Purchasing Div., 2nd floor, City Hall. Questions,Please contact: Clifton Williams,Purchasing Manager. Clifton.williams a,portarthurtx.gov Mowing of NSP &CDBG Properties $ ((lb k (rj per sf 5.4 EtofFyesi.4,0.4 4-Het;ere Company Name Signature �/ itehti t y (4,14_sl 4O°l1 �6 6 - '8 2/ Printed Name/ J Phone /.O, gt,x .2a27 1 Address Fax u , Tx) �777,2O ayDr��95� eg>"« , / < ,n City,State,Zip >C-mail Clifton Williams,CPPB,Purchasing Manager Date Page 1 of 15 Specifications for the City of Port Arthur Mowing of Vacant City-Owned NSP & CDBG Properties Housing Division Scope of Work: 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: Work Assignment: 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 must be completed within 24 hours after start. Time extension may be granted due to inclement weather or other act of nature only when contractor requests an extension and submits it to the City's representative. Mowing Specifications: 1. Each lot shall be cut to a height of 2 inches by a flail riding mower, or a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work and task. Residential commercial mowers of these types or equivalent will be required for the moving of all properties. 2. Bush hog tractors will be acceptable for grass cutting on vacant properties in the City's residential neighborhoods at the discretion of the Director when grass on lots exceed 2 %2 inches. On large tracts of land over half an acre in size, bush hogs will be allowed. They must meet the required height requirements of 2 inches as stated in paragraph one above. 3. Zero turn riding mowers and walk behind mowers can be used for mowing properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are not highly overgrown and will allow for the easy operation of said equipment. 4. Litter and debris shall be disposed of properly, off site, at the contactor's expense. 5. All litter and debris shall be picked up prior to mowing and immediately following the actual mowing and trimming to retrieve any litter missed before mowing. Mowed over litter, debris, or trash remnants must be retrieved after mowing. It is unacceptable to leave chopped up, mowed over debris on the lot. Doing so is grounds to cancel contract! 6. Litter and debris shall be defined as an object not intentionally placed at project site for a specific purpose. This shall include but not limited to paper, wrappers, cans, bottles, building materials, disposable diapers and small limbs. All such litter and debris shall be cleaned prior to cutting of all properties. The Contractor's failure to comply with removing said paper, bottles, and small limbs may result in non-payment for the cut of the property. 7. Sweep or blow clean all sidewalks and/or concrete areas affected by work. No grass clippings shall be placed or blown into the City's Drainage culverts or in the streets. 8. The whole property is to be trimmed neatly (cut and/or using a weed-eater), e.g., alleyways, around telephone poles, driveways, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. The Contractor's failure to comply with this specification may result in non-payment for the cut of the property. Page 2 of 15 9. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. The Contractor's failure to comply with this specification may result in non- payment for the cut of the property. 10. All ditches are included as part of the property. The Contractor's failure to cut the applicable ditch of the assigned property may result in non-payment for the cut of the property. However, ditches deeper than four feet (4') are to be brought to the attention of the inspector and will be dealt with on a case-by-case basis to determine the responsible party for cutting. 11. Equipment blades are to be sharpened so that grass will be cut to the sufficiently low height. 12. The contractor shall repair or replace at his own expense any damage to materials or property on site resulting from negligence during grass cutting or associated activities. 13. Ruts caused by contractor's equipment shall be filled at contractor's expense. 14. All contractor equipment must be inspected by the City's Housing Inspector(s) and/or staff before contractor mows the first cut. 15. The contractor will be required to re-cut at his own expense any areas deemed to be unsatisfactorily mown the first time. 16. All cuts deemed unacceptable by the Housing Inspectors will not be paid. With adequate and appropriate documentation, the City's Housing Inspectors and/or staff have the right to recommend non-payment of any properties that are missed, incomplete or when are deemed, unacceptable. 17. The entire batch of invoices will be held until all properties that are missed, incomplete or deemed unacceptable are completed by the Contractor. 18. Contractors must turn in a list of equipment they intend to use with their bid documents. 19. Contractors may be requested to perform additional mowing and/or other duties as assigned by request of Housing Director. Size of Properties: This contract does not include any lot over one (1) acre in size. Acreage of properties will decrease as homes are developed. Junk and Litter: If there are any problems encountered on city-owned vacant 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. Payment: The Contractor will submit two (2) copies of an invoice in the amount as stipulated on bid schedule to the Housing Department upon completion of work. Payment will be made only after verification by a City representative that work was performed satisfactorily and within the time constraints allowed. Invoices: Must include address of properties cut, price for each yard that was cut with a grand total, invoice number, invoice date, correct calculation of properties cut, signature of contractor, and Purchase Order Number. If invoices aren't correct when submitted, payment will be delayed. Page 3 of 15 Liquidated Damages: 1. Work must be completed within 24 hours of agreed start date as listed on attached mowing schedule. Unless an extension is granted in writing by the Director of Housing& Neighborhood Revitalization, the contactor will be subject to liquidated damages of$25 per day for each lot that is not mowed within the specified time. 2. Time Extension may be granted due to inclement weather or for unforeseeable events that are not caused by the contractor. Emergency Plan: An emergency plan may be invoked as a result of excessive growth and/or if the contractor is unable to handle the 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 Housing & Neighborhood Revitalization all equipment failures, breakdowns, and rain days in writing within twenty-four (24) hours. Additional mowing can be assigned to other contractors to help alleviate backlogs. Contract Period: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for one additional period. The City reserves the right to terminate this contract at any time. Property : Contractor will be mowing various property at different sizes. Award: The City will award the contract to one contractor. Page 4 of 15 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: e /�P Company: i-re / / Date: ,/g1.2 SUBSCRID and swo to before me by the above named /0//il Pty YOLie. on this the VW day of , 20 Note lic i for the ................. State o Texas �aP A�� MENDY GERM PHILI i t *f Notary Public,Slate of Texas 9► iP Comm.Expires 01-13-2024 t My commission expires: //J�/ °fE Notary DI 13232463-4 1 Page 5 of 15 • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to nter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Ea,d X S' Le-cou e? HRYN'{ct'Gt X.vP c f' q/g%ooZ6 Firm Name Date �LJ,2N/' Authorized Si atu e Title I2Mon 4•15 (90'9) y66.- k'2lf Name (please4ri t) Telephone Email STATE: 7. as COUNTY:9 &/e--) SUBSCRIBED AND SWORN to before me by the above named / G" 'agy vitgafie on this the �JY� day of 20 t/ 1��'�' �"uIENYGEfRICL � .2t4t-, Notary Public,State of Texas I Not • ublie t Nqv 4 Comm.Expires 01-13.2024 1 Notary ID#13232463.4 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL • • Page 6 of 15 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by 14.13.23, 84th Leg., Regular Session. OFFlCE 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, 11 Name of vendor who has a business relationship with local governmental entity. 1AJ f I ' Checkthis 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 tiling authority not later than the 7th business day alter the date on which NIl1 you became aware that the originally flied questionnaire was incomplete or Inaccurate.) 3I Name of local government officer about whom the information is being disclosed. ,) l 13 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 relationshipdescribed. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than Investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable Income is not received from the J� y local governmental entity? l V/l Yes No Describe each employment or business relationship thatthe vendor named in Section i 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. j1A J flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts 6//aAdescribed In Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). �VV dA il5(4-6 Signature of vendor doin sines with th vernmental entity Date Form provided by Texas Ethics Commission www.ethlcs.state.tx.us Revised 11/30/2015 Page 7 of 15 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) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1):or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity:or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130/2015 Page 8 of 15 House Bill 89 Verification I, ,, 7Wwl a (Person name), the undersigned representative (hereafter referred to as "Representative") of p &St- 7i)-xas A/.Jy / Fa K fee Nee (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. aiet, SIGNATURF REPRESENTATIVE SUBSCRIBED ND SWORN TO BEFORE ME, the undersigned authority, on 8j this day of MA) , 202Z. t �ppY PUS MENDY GERM PHILLIPS t gelf Texas � � Comp Expires 01-ate 13-2024 I FORE Notary ID#13232463.4 + Notary Public Page 9 of 15 SB 252 CHAPTER 2252 CERTIFICATION I, Rat o/�� 1101.et��j , the undersigned an representative of s6 2 51- / '49 (Company or Business Name) being an adult over the age of eighteen (18) years of age,pursuant to Texas Government Code, II 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. 411104/Name of CompareyOLL14141 epreS�entative (Print) Signature n Re sentative � P Y l /8420 Date Page 10 of 15 INFORMATION TO BIDDERS: 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. 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. Page 11 of 15 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. 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.: Housing, P.O. Box 1089, Port Arthur, Texas 77641. Page 12 of 15 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. 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. Page 13 of 15 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 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: Page 14 of 15 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. 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 15 of 15 11�'•j/#%, ADDENDUM#1 c'rr,„I t CITY OF PORT ARTHUR, TEXAS — ADDENDUM NO. ONE (1) ore rl#rur Texas August 26,2019 Bid For: Mowing of NSP Properties The following clarifications,amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached is the revised Quote sheet showing new date. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 0)4,14 -1,frt-d- CliftW.Williams, CPPB Purchasing Manager Signature of Pro o/er Date • A