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HomeMy WebLinkAboutPR 14995: SOUTHEAST TEXAS LAWN MAINTENANCE MOWING CONTRACT (AREA C)Memo To: Steve Fitzgibbons, City Manager From: Lawrence Baker, Director of Community Services Date: December 16, 2008 Re: P. R. NO. 14995 - AWARDING A BID AND AUTHORIZING THE EXECUTION OF CONTRACT TO SOUTHEAST TEXAS LAWN MAINTENANCE FOR GRASS- CUTTING .SERVICES OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED LOTS IN AN AREA OF THE CITY DESIGNATED AS AREA C. COMMENT RECOMMENDATION: Staff recommends that the City Council adopt P. R. No. 1499, authorizing the City Manager to execute aone-yeaz contract behveen the City of Port Arthur and Southeast Texas Lawn Maintenance, for mowing privately-owned and City-owned developed property in Area C. Area C is that area of the City of Port Arthur roughly bounded on the north by Highway 73, on the east by Woodworth Boulevard/U.S. Highway 69, on the South by Lakeshore Drive, and on the West b}' Savannah Avenue. BACKGROUND: Bids were opened on November 19, 2008 Southeast Texas Lawn Maintenance was the lowest and best bidder to wit Eor the developed lots in Area C for the amount of 5.0053 per square foot. The contract is for one-year \vith City's option to renew for two (2) additional years. Cordon's Lawn Service has submitted a letter rescinding his bids Fox Developed properties in Areas B and C. Therefore the Staff is recommending Southeast Texas Lawn Maintenance for the mowing contracts fox those two areas. No local contractor was within ~% of his bid. NOR"1'F[STAR GOIillON'S ROBCO SOUTHEAST A CU"f KB'S :\FPO]dIJABLE GRdSSHOPPER UNLIMI'1'p;D L:\\Yni SL'R. TEX LAWN :\BO\'li 'I'OTN, Le\\Yti CARE 1..:\IXM SER. rlti6[ UNrr COST UNI1'COS'r UNIT UNIT COST - UN[T UNIT UNI'i'COSI' UNI"r COtil' cosr cosr cosr GROUP SAU7t/PER 5.00?/PLR 5.01/ 8.0053/PER 5.019/PliR. S.UU87/PI3R S.Wb/PER SW92/PI:R C S.P. S. F. PER S.P. $.F. S.P. 5.1~. $. P. S.I'. BUDGET AND REVENUE IMPACT: ,adoption of this proposed resolution \vill not require a budget amendment. Funds axe available in Account No. OOL1401-SS1S9-00..- STAFF LEVEL IMPACT: Adoption of this proposed resolution \vill have no effect on currem staffing level. SUMMARY: Staff recommends that the City• Council adopt P. R. No. 14995, thereby authorizing the City \4anager to execute-a contract with Southeast Texas Lawn Maintenance for the mowing of grass on privately-owned (where owners have failed to maintain the property) and City-owned developed property in Area C. The contractor will submit proof of insurance. SAT P. R. No. 14995 12/16/08 JAT FOR * REQIIESTSD: LAWRENCE BARER, COMMIINITY SERVICES * DIRECTOR ADMINISTRATIVE * PIIRPOSE: TO AWARD A GRASS CIITTING CONTRACT FOR * CIITTING OF PRIVATELY & CITY-OWNED IISE * DEVELOPED PROPERTY IN AREA C * LOCATION:. AREA C IS AN ROIIGHLY * THE NORTH BY HIGHWAY 73, ON THE EAST BY WOODWORTH BODLEVARD/II.S. HIGHWAY 69, ON THE WEST BY SAVANNAH AVENIIE. RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUHORIZING THE EXECUTION OF A GRASS MOWING CONTRACT WITH SOUTHEAST TEXAS LAWN MAINTENANCE FOR GRASS CUTTINGSERVICES OF PRIVATELY-OWNEDAND CITY-OWNED DEVELOPED LOTS IN AN AREA OF THE CITY DESIGNATED AS AREA C, TO BE CHARGED TO ACCOUNT NO.001-1401-551.59-00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR Section 1. That the facts and opinions of the preamble are true and correct. Section 2. That forthe purposes.of this Resolution, Area C is that area of the Cityof Pon Arthur roughly bounded on the north by hlghwap 73, on the East by Woodworth Boulevard/U. S. I~ighway 69, on the South by Lakeshore Drive, and on the West by Savannah Avenue; and Section 3. That for the purposes of this resolution, a developed lot is defined as a lot or parcel of land which has one or more buildings on it and a vacant lot is defined as a lot or parcel of land with no buildings on it.; and Section 4. That the CityCouncil of the Cityof Pon Arthur herebyauthorizes the execution of a contract with the lowest and. most responsible bidder Southeast Texas Lawn Maintenance for grass cutting services of privately-owned properties (not maintained by owners) and City-owned developed properties for the contract price of $.0053~er square foot for the mowing of developed lots in Area C. A copyof the bid tabs is attached hereto as Exhibit 1 P. R No. 14995 12/16/08 JAT $.0053 per square foot forthe mowing of developed lots in Area G A copyof the bid tabs is attached hereto as Exhibit ..A>, Section 5. That City Manager is authorized to execute the contract attached as Exhibit "B". Section 6. That a copyof the caption of this Resolution be spread upon the Minutes of the CityCouncil. READ, ADOPTED, AND APPROVED this the 16th day of December, A.D., 2008, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCIL MEMBERS:. NOES: ATTEST: ACTING QTY SECRETARY MAYUK APPROVED AS TO FORM: ~/~~.~-~ QTY ATTO Y (~w/ $2hgtF OF) APPROVED FOR ADMINISTRATION: QTY MANAGER ~I~CTOR OF CO ~ TI' SERVICES PROVED AS TO AVAILABILITY OF FUNDS: `. DIRECTOR OF FINANCE 2 EXHLBIT ~~A" CI'TX OF P RT.ARTHUR'TEXAS H)SHEET DESCRIPTION: GRASS MOWING OF CITY VACANT llEVBLOPED LOTS IN AREAS B, C 3z U BID OPENING DATE: NOVEMBER 19, 2008 ~- NAME OF BIDDER NAhi OF BIDDER NAME OF BIDDER NAYIF. OF BIDDER A CC!T ABOVE iCB'S "TO AL LAWN AFFORI)AI)LE LAWN GRASSHOPPER CARE LAWN SERVICE. ITEM UOM ITEM VACANT DF:VF.LOPED VACANT DEVELOPED VACANT DEVELOPED VACAN'P. DF,VEI,OPb:D GROUP B $.O19 $.019 $.008 $.0095 $.0042 $.005 ! x.!)(!89 $.0092 1 PSF GROUY C $.019 $A19 $.006 $.0087 $.0041 $.005 $.0089 $.0092 2 PSF GROUT D $.U19 IQ/A $.007 N/A $.0089 N/A $.0075 N/A 3 PSF PLACE OF BUSINESS PORT ARTHUR, TX PORT N .CHES, TX PORT AR"1'HUR,'fX PORT' ARTHUR, 'I'X DATE: PURCHASING MANAGER: ~iG; ~~ltL ~ ~/~~~.~,,,/ ~ _ `_ CITY OF P R1' ARTHUR TEXAS ID SHEET DESCRD'T[ON: GRASS MOWING OF CITX VACANT DEVELOPED LOTS IN AREAS B, C & D BID OPF,NING DATE: NOVEMBER 19, 2008 NAME OF BIDDER NAM OF BIDDER NAME OF BIDDER NAME OF BIDDER NORTH STAR UNLD+II'I'ED GORDO 'S LAWN RvBCO SOUTHEAST TEXAS SERVIC LAWN MAINTENANCE ITEM UOM ITEM VACANT ~ bEVELOPF,D VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPED GROUP B $.W31 $.0071 $.002 $.002 $.0073 $.O1 $.004 $.0055 1 PSF _ GROUP C $.0031 $.0071 $.002 $.U02 $.0073 $.Ol $.U037 $.0053 2 PSF GROUP D $.0061 N/A $.00'1 N/A $.0091 N/A $.Oi>4 N/A 3 PSF PLACE OF ( BUSINESS PORT ARTHCTR, TX PORT THUR, T'X BEAU~1©NT, TX BEAUMONT,1'X DATE: _~1(Zd o PURCHASING MANAGER: EXHIBIT ~~B" CITY-OWNED AND PRIVATELY-OWNED DEVELOPED PROPERTIES GRASS MOVING CONTRACT THIS AGREEMENT, MADE THIS 16~h day of December, 2008, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "O\VNER" OR "CITY" and Southeast Texas Lawn Maintenance, a(n) herein acting indi~ndual, Ferri, partnership or corporation by and through Southeast Texas Lawn Maintenance, hereinafter call "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements Set Eorth herein, O\VNER and CONTRACTOR agree as follows: 1. The term of this contract shall be from December 16. 2008 to December 16. 2009, .with the option of the CITY to renew the agreement for two (2) additional years. 2. The CONTRACTOR will perform mowing and ramming and removal of litter and debris on City- owned and private-owned developed properties in Area C as stated in the Contract Documents. 3. During the term of this Contract, the Contract will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other sere-ices necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specfcations. 4. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents comply with the terms therein Eor the price of $.0053 per square foot. ~. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the "Notice to Mow" and will complete within seven (7) da}'s unless the period for completion is extended otherwise by the Contract Documents. 6. The term "Contract Documents" means and includes the following: A) Agreement B) Advertisement for Bids C) GenexalInformation D) Specifications E) Bid F) Notice of Award -- - -G) Notice to Proceed H) Notice to Mow - I) Bidders Equipment, Experience, and References ]) Map of Area - 7. This Agreement shall be binding upon all pazties hcrcto and their respective heirs, executors, adrnuustrators, successors, and assigns. SOUTHEAST TEXAS LAWN MAINTENANCE * MOWING CONTRACT * AREA C - DEVELOPED * 2 OF 2 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WIIEREOF, the parties hereto have executed, or caused to be executed by their duly au[horized officials, this Agreement in nvo (2) copies each of which shall be deemed an original on the date First above written. APPROVED IN FORM: CITY ATTORNEY OWNER: CITY MANAGER ATTEST: ACTING CITY SECRETARY CONTRACTOR: SOUTHEAST TEXAS LAWN MAINTENANCE (SIGNA'T'URE) NAME (PRINT): ADDRESS: (CORPORATE SEAL) ATTEST: NAME: ~~k>~, COMMiJNITY DEVELOPMENT GRASS MOWING OF CITY & PRIVATEL Y OWNED VACANT & DEVELOPED LOTS IN AREAS "B" & "C" AND VACANT LOTS IN ~.. AREA "D" NOVEMBER 2, 2008 NOVEMBER 9, 2008 -. CITY OF PORT -- i. :ARTHUR,?EXAS ~ „4en PUhIIC N ~ _ AD4ERTISEMENT: v8 Ny111`,e$ -,. FOR BIDS -:~.. ~ ~ - - - - "~ - _concemin _ NOTICE ':.`IS'~HEREBY i~headng; ~~please wntact GIVEN'THAT.9 sealed the CommunityDevelop- - ,Bids, addressed-. io. the ! ment ORCe at 983-8251. ~City.of Port Anhu_ r will be received at the Office of ; CRY OF PORT ~.-. the;~~Ciry Sevetaiy,',C'rty~ '.-ARTHUR,.TE%AS'~ Hall;.-444 4ih.~.Street:or - - ADVEHTISEMENT: ,-. P.O.: Box 1083,;Pprt"Ar- - _ -FOR'BIDS' thdr, ~ Texas ,77641 ? no ~ - - ~ lateC than 300 ,P.M;, No- ~ _ - IG HEREBY. NOTICE - vember 19, 200&f?!id all 'GIVEN THAT ~ sealed liids:ecerved will ttiereaf- - Bids, addressed to the ter.: be opened antl: lead City of Port Adhur, will be "aloud aL3:15 P.M>oriNo- ~, received at the Office of . vember 19, 2008.ingbe the Ciry Secretary? Ciry - _. Ciry. Coundl--Chambers,- - Hall,-444. 4th-Street'or 6[h Floor, Giry-Hall,•Potl - ~ P,O, Box;]089,.Pod~Ar- ArNO4 .Texas for dertain - . - - tfiur Tezes `77644 no services"briefly described- ~• later than 3:OOP.M.; :No- as: `-: _ vember 19, 2006, and all DELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, IR., MAYOR PRO-TEM COUNCIL MEMBERS: CAL JONES MORRIS ALBR[GHT, III MARTIN FLOOD JOHN BEARD,IR. ROBERT E. WILLIAMSON D. KAY WISE MICHAEL "SHAVE" S[NEGAL INVITATION TO BID October 27. 2008 Vendors: biu nc.. n. wic u~~,,~ CITV MANAGER TERRI HANKS ACTING CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY 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. bI. November 19; 2008 at the Citv Secretary's Office and all bids received will thereafter be opened and read aloud at 3:15 P. M. on November 19 2008 in the City Council Chambers 5th Floor, City Hall, Port Arthur, Texas for the following: GRASS MOWING OF CITY & PRIVATELY" OWNED VACANT & DEVELOPED LOTS IN AREAS "B" & "C" AND VACANT LOTS IN AREA "D" BIDS SHALL BE PLACED IN A SEALED ENVELOPE, with the bidder's name and address in the upper ]eft hand comer 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 SECRETARY P. O. BOX 1089 PORT ARTHUR, TEXAS 77641 CITY OF PORT ARTHUR CITY SECRETARY 444 4TH STREET ' PORT ARTHUR, TEXAS 77640 ALL BIDS IvfUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. Page 1 of 19 P.0-BOX 1089 PORT ARTHUR, TEXAS 77641-1089 409/983-8115 • FAX 409/983-8291 Bids received afrer the closing time specified will be returned to the bidder unopened. Award will be made as soon as practicable afrer opening, To obtain results, or if you have any questions, please contact the Purchasing Department, at (-109}983-3160. The City of Port Arthur reserves the rivht to reject any or all Bids and fo waive informalities or defects in bids, or to accept such bids as it shall deem to be in the best interests of the Citv of Port Arthur. Sincerely, _. 1 ShawnaTubbs Purchasing Manager Page 2 of 19 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Tesas and prospective bidders for Grass Mowing of City & Privately Owned Vacant & Developed Lots in Areas "B" & "C" and Vacant Lots in Area "D" will be held at City Hall 5`" Floor Conference Room which is located at 444 4TH Street on November 13, 2008 at 10:00 a.m. The purpose of the b4andaton Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer-any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents: Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference vvi11 be rejected and returned unopened to the bidder. Page 3 of 19 CITY OF PORT ARTHtiR GENERVL SPECIFICATIONS GENERAL INFORMATION: NOTE:. It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of, Por[ Arthur the required information specified in the Bid or Proposal Specifications listed in this Bid Package. The intent of this NVITATION TO BID (ITB) is to provide bidders with sufficient information to prepare SEALED BIDS Pv DUPLICATE for furnishing: GRASS b'IOWING OF CITY & PRIVATELY OWNED V"ACANT & DEVELOPED LOTS IN AREA "B" & "C" AND VACANT LOTS IN AREA "D". 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. November 19. ?008. Bid proposal MUST BE SIGNED BY THE BIDDER. 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 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. Ariy interlineations, alteration; or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. The City reserves the right to: L. Reject any and al] bids; and to make no award if it deems such action to be in its best interest. 2. Award bids on one area or multiple areas, whichever is in the best interest of the City. ' 3. Reject any or all bids grid 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. The City has the right to verify the resources of a company in its ability to complete a project. The City may request a list of employees and equipment within that company assigned to the project. Proof of capacity is the responsibility of the contractor; failure to do so will be grounds for termination of the contract. 5. Avvard 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. Page 4of 19 Bidders will 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 award if made, shall be made to the responsible vendor(s) whose bid is determined to be the lowest offer: takintr into consideration the relative importance of price, conformance to specifications and capability and experience of the contractor. TERiVIINOLOGY: "Bid" vs. "Proposa!"--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 PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the followine requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Be otherwise qualified and elieible to receive an award. 3. Be engaged in a full time business, and can assumeliabilities for any performance or warranty service required. 4. The City Council shall not award a contract to a company that is in arrears 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 such 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's Purchasing Manager. Addenda will be mailed to all who are known to have received a copy of the ITB. Offerors 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. Page S of 19 PRICES: The bidder should show in the proposal both the unitprice 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 geherated 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.' Environmental Health, P. O. Box 1039, Port Arthur, Texas 77641. PAYMENT: Paymtent will be made upon receipt of two (2) original-invoices and verification by Environmental Health the work has been done properly:, SALES TAY: 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 ooverrunents relating to performance of work herein. y INTEREST.OF b~1ENIBERS OF CITY• No member of the govemina body of the City, and no other officer, employee or avent of the City who exercises any functions or responsibilities iri 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 PAYD~IENTS 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 are 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 behveen the City and the successful bidder: 1. Agreement 2. Advertisement for Bids 3 ` Addenda 4. Generallnformation 5. Specifications 6. Bid 7. Notice of Award 8. Notice to Proceed Page 6 of 19 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. Al] bids will remain in effect for one vear. 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 hating a bid package. SHIPPING IrFORIVIATION: 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 lead 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 alLthe work required by this Contract; in accordance with the provisions of this Contract and said specifications. ` The apparent silence of these specifications as to any detail or to the apparent omission From it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail: While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance; construction, and other details; its use.is not intended to deprive the City of Port Arthur the option of selecting eoods 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. Page 7 of 19 Questions concerning this ITB or additional information should be directed to Darlene Thomas Pierre at (409}983-8209. 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 [his contract by giving written notice to the Contractor of such termination-and specifying the effective date thereof; at ]east fifteen (1 ~) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the Cih~ 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. TERiVIINATION FOR CONVENIENCE: The City may terminate thiscontract~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 perfornied 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. EXPERIENCE & CAPABILITY: Bidder shall include the following information to describe the experience and capability factors of the company: (This information must be included with contractor's submitted bid proposal) 1. Number of years in operation. 2. Largest area rhowed currently in effect with a business. 3. Number of employees currently employed, their job titles, and theirjob descriptions. 4. Documentation proving you have the required equipment stated in the specifications. ~. Be otherwise qualified and eligible to receive an award. 6. Other major companies or areas that it has contracted to mow. 7. If a company wants to cut more than two (2) areas of the City, the company must show that it has the equipment and employees to handle more than two areas. 8. Existing mowing schedule for your existing contracts and your proposed - mowing schedule for all of the arias that you bid based on the expected volume of cutting in these areas. 9. If y'ou plan to expand your employees and your equipment to handle the areas to be bid, please provide information indicating your capabilities to maintain those areas. 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. Page 8 of 19 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. SLB-COiyTR4CTS: The Contractor shall not execute an agreement with any sub- contractor orpermit 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. INSliR4NCE: 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 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,i$500,000 per occurrence for contracts of $100;000 or less; or Bodily injury $];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. Commercial Automobile Liability Insurance (Including owned; non-owned and hired vehicles coverage's). a. Minimum combined single limit of $00,000 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 Page 9 of 19 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 willnot be. altered; modified or canceled unless at least fifteen (I ~) 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 showine 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. SIZE OF PROPERTIES This contract does not include any lot over one (1) acre in size. JUNK AND LITTER If there are 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. NOTICE TO N10W L Invoice for lots mowed must be in the Environmental & Consumer Health Division Office no later than 9:00 a. m. on the Thursday before the check run. 2. It is the responsibility of the contractor to obtain the Notice to mow from Environmental Consumer Health on a daily basis. 3. Work must be completed within seven calendar days of issuance. Unless an extension is granted by Environmental & Consumer Health Division; the Contractor will be subject to liquidated damages of $2.00 per day for each lot that is not mowed within seven (7) days. 4. Mow grass to a height of not more than 2 inches within 7 days. ~. Time Extension may be granted due to inclement weather or to unforeseeable events that are not caused by the 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 10 of 19 ____ CITY OF PORT ARTHtiR, TEA BID PROPOSAL PAGE PAGE 1 OF 2 NOVEMBER 19.3008 The undersigned Bid Proposal for: GRASS MOWING OF CITY & PRIVATELY OWNED VACANT & DEVELOPED .LOTS IN AREA "B" &: "C" AND VAC ANT LOTS IN AREA "D" /l JI ~ ~ ~ ~6Y.1 _`.ca<,...~ ,_ _~. whose principal pace of business is ~'n 6p~u.~.c+~, ~y~s , submits herewith,in conformity with the General Instructions; Conditions; and Specifications for the following Bid: OUTLINE OF BID ITENi# DESCRIPTION VACANT PROPERTY 1. MO«-1NG aREAB S -~ ODl{ psf a. ~IOwING aRE.A C ~ ~ o ~3y psf ~ MOy~'NG AREA D S +~o~ psf Receipt of addenda is acknowledeed: DEVELOPED PROPERTY g . Gc~Sr` psf $ , G OS 3 psf I~io. 1 Dated Received No. 2 Dated Received ~~~0 r~i ~ ~~/~ ~/ ~ GNAT RE DATE Page 1~ of 19 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE PAGE 2 OF 2 COMP ~ ~G S NATU F IDD .- ~C.S 1`~ tq;.f+ na. YT - STREET ADD SS ~~_ P.O. BOX ~/J Yh r, ~Ji~ ~Lt1'I~ ~ ~~~CL/;1:/~' ~ / '7 ~~~~~ (PRINT OR T P NAi ) CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. Page 16 of 19 BID OPENNG DATE: November 19.2008 .CITY OF PORT ARTHUR 11NSTRUCTIONS TO BIDDER Bidders are requested to famish their complete REbIIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAY"IVIENT TO: COivfPANY~ ADDRESS ;Z. ~ O ~ I B~~`°`"` ~, / ~ 3 ,~/ CITY/STATE/ZIP t )Pz- i-~ ~~ ~~ f ~ x 7r7 / ~~ SEND PURCHASE ORDER TO: . ~` COMPANY" S~i'~~5~ It°:~~5 ^' ~y` ADDRESS 27~ A~e.}nc-~+~ '1"1 >i ~ ~_ CITYISTATEIZIP ~ „~ ~ '3'1 1 T ~'~ ~~ i 77 TAX IDENTIFICATION NUMBER ~',>` ~~ - ~ ~ ~ ~~"Z Page 17 of ]9 PLEASE NOTARIZE AND RETLIL"I THIS AFFIDAVIT AS PART OF'LHE BID PROPOSAL AFFIDAVIT All pages in the offeroi 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: ~/ 1 hereby certify that I do not have outstanding debts with the City of PoR Arthur. Further, I agree to pay succeeding debts as they becomedue 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 furher 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. My proposed agreement to pay the debt is as delineated in the at/t/ach/ed proposed payout. NAME OF OFFEROR: ~/y/JfT/'I~ T 1 cr[~ ~r'1 TITLE ADDRESS ~~~3c1 /7,~u~>I n~ Sl CITY7STATE/ZIP ~~u[(Yt~cn'7 / ~t JI~~ ~ TELEPHONE Ni?MBER (yG~~ $/3" ~`~~=Z SIGNATURE ~ ~ -----~ STATE Tx,~S rSO n COUNTY J '"ri' 5U SCRIBED AN~P SWORN to before me by the above named -/~pny /oGOhG on this the /9f~, day of /VC V~-I~'16 ~r, 20 0 cP . Notary Public ~•"a"~~° GAILG.WRIGHT ;woe. ~;; ~i '"ij Nobly Pitfc; Stage of texas '~'•f yrExpires ~` ~%"'•"'''` JULY 14, 2012 Page 18 of 19 CONFLICT OF INTEREST STATEMENT Please delinzate 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 19 of 19 P.R. # 14995 ExhibiP'B" (City of Port Arthur) (Law Department) (Required Form) (07108!89) (10/05189) (03/15190) (p. 2 Revised 09!18!90) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I certify that the contract (hereinafter called "said contract") affixed to the attached proposed City Council Resolution No. 14995 is an exact duplicate of an applicable standard form contract ([he title of which is shown below) previously approved by the Law Department and adopted as a standard form by City Council Resolution, except for the blanks that have been tilled in with all necessary information and except for the changes described below. The title of the applicable standard form contract is: [ ] Federally Funded Construction Contract, Revised 01105/88, 07/89, 08/89 Non-Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89 Federal -Professional Services -Engineering Contract, Revised 01/05/88, OS/89, 07/89, 04!91 [ ] Non-Federal -Professional Services -Engineering Contract, Revised 01/05/88, 05/89(§10), 07/89(§8) [ ] CDBG -Professional Services -Engineering Contract, Revised 01/05/88, 05/89,§ 07/89§ [ ] Federal -Professional Services -Non-Engineering (Consultant) contract, Revised 01/05/88, 05/89(§10), 07/89(§8) [ ] Non-Federal -Professional Services -Non-Engineering (Consultant) Contract Revised 01/05188, 05/89 (§10), 07/89(§8) [ ] CDBG -Professional Services -Non-Engineering (Consultant) Contract, Revised 01/05/88, 05/89(§10), 07/89(§8) [X] Other Standard Form Contract, described as follows: Mowing Contract The changes are as follows: (Put an "X" in the appropriate [ ]). [X] None. [ ] The following described provisions at [he indicated page, section, etc. of the standard form have been deleted from said contract: DELETIONS Page Number Where Deleted Provision is Found On Standard Form Section or Paragraph No. and Caption Which Contains Provision Deleted From Form Section or Subparagraph No. and Caption Which Contains Provision Deleted From Form Description of Provision Deleted 1 P.R.N14995 Exhibit "B" ] The following described provisions at the indicated page, section, etc. of the standard form have been altered, modified, replaced or otherwise changed: ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC. Sub § or Page, § & caption; Page No. § or § No. Sub § No. sub § & caption, Where & Caption of & Caption etc. of said contract Provision Standard of Standard Description which contains Found On Form which form which of Provision ,altered, etc. provision; & Standard Contains Contains in Standard Description of Alteration Form Provision Provision Form etc. [ ] The following provisions have been added to Said Contract: ADDITIONS Page, Section and Caption Subsection and Caption, etc. of said Contract Which Contains the Added Provision and Description Thereof I further certify that said attached proposed City Council Resolution contains the following provision: "That said contract is an exact duplicate of a City Standard Form Contract except for the changes described in the Certificate of Standard Form Contract, a copy of which~is attached hereto as Exhibit "B" and is hereby incorporated by reference, and said changes are hereby approved." I understand that [his certificate will be relied on by [he Law Department in reviewing and approving (or rejecting) as to form and by the City Council in reviewing and adopting (or rejecting) said Resolution and Contract. Signed this 16"' day of December, 2008. -~~awre ce er Director of Community Services