HomeMy WebLinkAboutPR 14993: SOUTHEAST TEXAS LAWN MAINTENANCE MOWING CONTRACT (AREA B)Memo
To: Steve Fitzgibbons, City Manager %~
From: Lawrence Baker, Director of Community Services `~" r
Date: December 16, 2008
Re: P. R. NO. - 14993 AWARDING A BID AND AUTHORIZING THE EXECUTION OF A
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 B.
COMMENT
RECOMMENDATION: Staff recommends that the City Council adopt P. R No. 14993, authorizing
the City Manager to award aone-yeaz contract between the City of Port Arthur and Southeast
Texas Lawn Maintenance. fox contract amount of $.0055 per square foot for privately-owned
and City-owned developed property in Area B. Area B is that azea of the City of Port Arthur
roughly bounded on the north by West 19`" Street and KCS Railroad, on the East by Savannah
Avenue, on the south by Lakeshore Drive, and on the west by Foley Avenue.
BACgGROUND: Bids were opened on November 19, 2008; Southeast Texas Lawn Maintenance
was the lowest and best bidder to wit for the mowing of developed lots in Area B for the amount of$ 0055.
per slluare foot. The contract is fox one year with the City's option fox two (2) additional years. Goxdon's
Lawn Service has submitted a letter rescinding his bids for developed properties in Area B and C. Therefore
the Staff is recommending Southeast Texas Lawn Maintenance for the mowing contracts for those two
azeas. No local contractor was within 5% of his bid.
NORTH GORDON'S ROBCO SOUTHEAST A CUT KB'S AFFORDABLE GRASSHOPPER
-STAR LAWN TEXAS ABOVE TOTAL LAWN CARE LAWN SER
UNLIMITED SERVICE - LAWN SER. LAWN
ITEM UNIT COST UNIT COST UNIT UNIT COST UNIT UNIT UNIT COST UNIT COST
COST- COST COST
MOW- $.0071/PER $.002/PER $.Ol/ $.0055/PER $.019/ $.0095/ $.00G/PER $.0092/PER
ING S.F. S.F. PER S.F. PER PEA S.F. S.F.
GROUP B S:F. S.F. S.F.
BUDGET AND REVENUE IMPACT: Adoption of this proposed resolution will not require a budget
amendment. Funds are available in Account No. 001-1401-551.59-00.
STAFF LEVEL IMPACT: Adoption of this proposed resolution will have no effect on current staffing
level.
SUMMARY: Staff recommends that the City Counal adopt P. R. No. 14993, thereby authorizing the City
Manager 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 B. The contractor will submit proof of insurance.
JAT
P. R No. 14993
12/16/08 JAT
FOR
ADMINISTRATIVE
IISE
* REQIIESTED BY:
* PIIRPOSE:
* LOCATION:
LAWRENCE BARER, COMMIINITY SERVICES
DIRECTOR
TO AWARD A GRASS CIITTINGCONTRACT
FOR CIITTING OF PRIVATELY ~ CITY-
OWNED DEVELOPED PROPERTY IN AREA B
AREA 8 IS ANARSA ROIIGHLY BOIINDED
ON T88 NORTH BY WEST 19TH AND RCS
RAILROAD, ON .THE EAST~BY SAVANNAH
AVENIIE,-ON THS SOIITH BY LAKESHORB
DRIVE, AND ON.THB WEST BY FOLEY
AVENIIE.
RESOLUTION NO.
A RESOLUTION AWARDING A BID AND AUTHORIZING
THE EXECUTION OF A GRASS MOWING CONTRACT TO
SOUTHEAST TEXAS LAWN MAINTENANCE FOR GRASS
CUTTINGSERVICES OF PRIVATELY-OWNEDANDCITY-
OWNEDDEVELOPED LOTS IN AN AREA OF THE CITY
DESIGNATED AS AREA B, 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 B is that area of the Cityof Port Arthur roughly
bounded on the north by West 19~ Sueet and KCS Railroad, on the East by Savannah Avenue, on the South by
Lakeshore Drive, and on the West by Foley Avenue; and
Section 3. That for the purposes of this resolution, a developed lot is defined as a lot or panel of land
which has one or more buildings on it and a vacant lot i5 defined as a lot or parcel of land with no buildings on it; and
Section 4. That the CityCouncil of the Cityof Port 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 byowners) and Cit}zowned developed properties forthe contract price of
1
P.R No. 14993
12/ 16/08 JAT
$.0055 per square foot for the mowing of developed lots in Area B. A copy of the bid tab is attached as Exhibit
"A"
Section 5. That CiryManager is authorized to execute the contras attached here to "B".
Section 6. That a copy of the caption of this Resolution be spread upon the I~nutes of the Ciry
Council
READ, ADOPTED, AND APPROVED this the 16~ dayof December, A.D., 2008, at a Regular
Meeting of the City Council of the City of Pon Arthur, Texas by the following vote:
AYES: MAYOR
COUNCILMEMBERS:
NOES:
MAYOR
ATTEST:
ACITNG QTY SECRETARY
APPROVED AS TO FORM:
yle~ ~
QTY ATTORNE
C.0r11 bp1n~L~` O ~ ~
2
P. R No. 14993
12/16/08 JAT
APPROVED FOR ADMINISTRATION:
MANAGER
APPROVED AS TO AVAILABILITY OF FUNDS:
RECTOR OF COMMUNITY SERVICES
DIRECTOR OF FINANCE
3
E)CHIB1~ A
CITY ®F RT ARTI~UR TEXAS
aa~ sI#EET
DESCRIPTION: GRASS MOWING OF CI'I'X VACANT DEVELOPED LOTS IN AREAS B, C & D
BID OPENING DATE: NOVEMBER 19, 2008
NAME OF BIDDER 'NAM OF BIDIDER NAME OF BIUDER NAME OF BIDDER
NORTH STAR UNLIMITED. GORDO 'S LAWN RvBCO ~ SOUTHEAST TEXAS
SERVIC LAWN MAINTENANCE
flTEM UOM .ITEM VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPED
a
GROUP B $.0031 $.007] 5.002 $.002 $.0073 $.O1 $.004 $.0055
1 PSF
GROUP C $.0031 $.0071 $.002 $.002 $.0073 $.O1 $.0037 $.0053
2 PSF
GROUP D $.0061 N/A $.002 N/A $.0091 N/A $.004 N/A
3 PSF
PLACE OF
BUSINESS PORT ARTHUR, T}C PORT THUIt, TX BEAUMONT, TX BEAUMONT,1'X
DATE: I (ZD o
PURCHASING MANAGER:
y.
CITY OF P RT ARTIiUR TEXAS
Ili SIIEET
AESCRYP'1'I®1V: GRASS 1vIOWING OF CITY VACANT DEVELOPED LOTS IN AREAS B, C & D
7tld! (1PFN'dN!_T-ATF• N(1VFMRFR 19 70fIR
_- _ - _ - - ---- - - -NAME OF BIDDER N OF BIDDER NAME OF BIDDER NAME OF BIDDER
NORTH STAR UNLIMITED GORI)D 'S LAWN RvBCO SOUTHEAST TEXAS
SBRVIC LAWN MAINTENANCE
ITEM UOM dTEM VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPED
GROUPS $.003L $.007] $.002 $.002 $.0073 $.O1 $.004 $.0055
I PSF
GROUP C $.0031 $.0071 $.002 $.002 $.0073 $.O1 $.0037 $.0053
2 PSF
GROUP D $.0061 N/A $.002 N/A $.0091 N/A $.004 N/A
3 PSF
PLACE OF
BUSINESS PORT ART TX PORT THUR, TX BEAUMONT, TX BEAUMONT,1'X
DATE: /!(Z~ e
PURCHASING MANAGER:
EX1-11BIT " B"
CITY-OWNED AND PRIVATELY-OWNED DEVELOPED PROPERTIES
GRASS MOWING CONTRACT
THIS AGREEMENT, made this 16`s day of December, 2008, by and between the City
of Port Arthur, a munidpal corporation organized under the laws of the State of Texas, hereinafter
Called "OWNER" OR "CITY" and Southeast Texas Lawn Maintenance, a(n)
herein acting individual, firm, partnership ox corporation by and
through Southeast Texas Lawn Maintenance ,hereinafter called CON'T'RACTOR agrees 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 trimming and removal of litter and debris on
City-owned and Private-owned developed properties in Area B 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 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 comply with the terms there in for the price of S 0055 net square foot.
$. The CONTRACTOR will commence the work requited-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) Advertisement fox Bids
C) .General Infortnadon
D) Specifications
E) Bid
F) Nodce of Award
G) Notice to Proceed
H) Notice to Mow
I) Bidders Equipment, Experience, and References
Map of Atea
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
adrninistcatoxs, successors, and assigns.
SOUTHEAST TEXAS LAWN MAINTENANCE * MOWING CONTRACT * AREA B -
DEVELOPED * 2 OF 2
8. 'Plus Agreement shall be binding upon all parties hereto and their respective hens, executors,
adtnniistrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this agreement in two (2) copies each of which shall be deemed an
original on the date first above written.
APPROVED IN FORM:
CITY ATTORNEY
OWNER:
CI'T`Y MANAGER
ATTEST:
ACTING CITY SECRETARY
CONTRACTOR:
SOUTHEAST TEXAS LAWN MAINTENANCE
(SIGNATURE)
NAME (PRINT):
ADDRESS:
(CORPORATE SEAL)
ATTEST:
NAME:
._ -.. _ _.
COMMUNITY DEVELOPMENT
GRASS MOWING OF CITY & PRIVATELY OWNED VACANT &
DEVELOPED LOTS IN AREAS "B" & "C" AND VACANT LOTS IN
AREA "D"
NOVEMBER 2, 2008
.. CfFY OF PORT :-
-~ ARTHUR, TEXAS
_ A6l*ERTISEfAF.HI.
FOR 61D5
c. .:
NOTICE 15".-.HEREBY -
-rNFU TNAI'-'~se3led
NOVEMBER 9, 2008 :~
PuhGc`
sso Noy
. -~. cancemm'7
~- - - iTearing; please 'contact
- ~ - ; thejCommunitY ~ DevelcD'
. _, ~ e ~ 9&4-0257.
DELORIS "BOBBIE" PRINCE, MAYOR
JACK CHATMAN, 7R., MAYOA PRO-TEM
COWCIL MEMBERS
CALJONES
MORRIS ALBRIGHT, III
MARTIN FLOOD
IOHN BEARD,JR.
ROBERT E. WILLIAMSON
D. KAY WISE '
MICHAEL"SHANE"SNEGAL
Clty of
t1
Ofl fl`L iL
Texas
INVITATION TO BID
Vendors:
October 27,_ZOQB
Si EtH o:. rv~~wuo~.•v
. CITY MANAGER
TERRI HANKS
ACTING CITY SECRETARY
MARKT. 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. M. November 19 2008 at the City
Secretary's Office and all bids received will thereafter be opened and read aloud at
3 IS 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 LN AREAS "B" & "C"
AND VACANT LOTS IN AREA "D"
BIDS SHALL BE PLACED 1N A SEALED ENVELOPE; with the bidder's name and
address in the upper left hand corner of the envelope. FACSIMILE TRANSMITTALS
SHALL NOT BE ACCEPTED.
BIDS MUST BE submitted on the pricing form included for that purpose in this packet. and
SIGNED BY A PERSON HAVING THE AUTHORITY TO BIND THE FIRM N 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 MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE
OPENING DATE AND TIME.
Pagel of l9
P.O. BOX 1089- • PORT ARTHUR, TEXAS 77641-1089 • 409/983-8115 • PAX 409!983-8297
Bids received after the closing time specified will be returned to the bidder unopened uestions will
be made as soon as practicable after opening. To obtain results, or if you have any q
please contact the Purchasing Department, at (409) 933-8160.
The City of Port Arthur reserves the right to reject any or all Bids and to waive informalities or
defects in bids, or to accept such bids as it shall deem to be in the best interests of the City of Port.
Arthur.
Sincerely,
,' ~~
c;~Gll~~
Shawna Tubbs.
Purchasing Manager
Page 2 of 19
MANDATORY
PRE-BID CONFERENCE
A Mandatory Pre-Bid Conference between Representatives of the City of Port
Arthur, Texas and prospective bidders for Grass Mowing of City & Privately
4rx
will be held at
on November 13 2008 at 10:00 a.m.
The purpose of the Nlandatory Pre-Bid Conference into 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 necessazy, 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 will be rejected. and returned unopened to the bidder.
Page 3 of 19
CITY OF' PORT ARTHUR
GENERAL SPECIFICATIONS
GENERAL INFOR~'IATION:
NOTE: It is extremely importangthat the Vendor, Biddc feed 'din the BidaoroProposal
the City of Port Arthur the re aired information sp
Specifications listed in this Bid Package.
The intent of this INVITATION TO BID (ITB) is to provide bidders witGs~ss nt
information to prepare SEALED BIDS IN DUPLICATE for furnishing:
MOWING OF CITY & PRIVATELY OWNED V"ACANT & DEVELOPED LOTS IN .
p,REA "B" & "C" AND VACANT LOTS IN AREA "D"~
Bids must be in portleArthureTexasddr641.dBids shall be received notlater than 3 00ur
P. O. Box 1089
P. M. November 19.2008. Bid pioposal MUST BE SIGNED BY THE BIDDER.
All bids meeting the intentOoT E SPECIFICATIONS, OR OFFERING SUBSTBTIITIO SS,
TAKING EXCEPTION T
SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BI
The absence of such a list shalt indicate that the bidder has not taken exception and the City
shall hold the bidder responsible to perform in strict accordance with the specifications of
the invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur.
Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid,
guaranteeing authenticity.
The Ciry reserves the right to:
1.. Reject any and all bids, and to make no awazd if it deems such action to be in its
best interest.
2. Award bids on one area or multiple azeas, whichever is in the best interest of the
City.
3. Reject any or all bids acid to waive informalities, or defects in bids or to accept
such bids as it shall deem to be in the best interests of the Cit~ its ability to complete
4. The City has the right to verify the resources of a company
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. Award bids to bidders whose principal place of business is in the City odecoides
Arthur and whose bid is within 5% of the lowest bid price and the City
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 4 of 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; taking into consideration the relative importance of price, conformance
to specifications and capability and experience of the contractor.
TER~'~IINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB; the terms "Bid" and
Proposal" shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a
complete response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall vote on this contract in violation of
Chapter 171 Local Government Code.
ETHICS: The bidder shall not offeror 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 following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Be otherwise qualified and eligible to receive an award.
3. Be engaged in a full time business, and can assume liabilities for any performance
~ or warranty service required.
4: The City Council shall not 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 andlor 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 5 of 19
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.:
Environmental Health, P. O. Box 1089, Port Arthur, Texas 77641:
PAYMENT: Payment will'be made upon receipt of two (2) orieinal invoices and
verification by Environmental Health the work has been done propeily.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax
and Federal Excise Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the. State
of Texas. This agreement is performable in Port Arthur, Texas. Venue shall be in Jefferson
County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws;
ordinances, rules, orders, regulations and codes of the federal, state and local governments
relating to performance'of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City,
and no other officer, employee or agent of the City who exercises any functions or
responsibilities in connection with the planning and carrying out of the program; shall have
any personal financial interest, direct or indirect, in this Contract as provided by Chapter
573 Government Code; and, the Contractor shall take appropriate steps to assure
compliance.
DELINQUENT PAYMENTS DUE CITY': The City of Port Arthur Code of Ordinance:
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 between the City and the
successful bidder:
1. .Agreement
2. Advertisement for Bids
3. Addenda
4. General Information
5. Specifications
6: Bid
7. Notice of Award
8. Notice to Proceed
Page 6 of 19
QUANTITIES: Quantities shown aze estimated, based on projected use. It is specifically
understood and agreed that these quantities aze 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.
All bids will remain in effect for one yeaz.
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 INFORMATION• All-bids aze to be F.O.B., City of Port Arthur, Port Arthur,
Texas 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW -Each provision and
clause requued 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 descriptiori concerning any point shall be regarded as meaning that only the
best comrriercial practices aze to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of
capability, performance, construction, and other details, its use is not intended to deprive the
City of Port Arthur the option of selecting goods which maybe 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 this contract by giving written notice to the Contractor
of such termination and specifying the effective date thereof, at least fifteen (1 ~) 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 amounYof 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.
EXPERIENCE & CAPABILITY: Bidder shall include the fallowing information to
describe the experience and capability factors of the company: (This information must be
included with contractor's submitted bid proposal)
I. Number of years in operation.
2. Largest area mowed currently in effect with a business:
3. Number of employees currently employed, their job titles, and their job
descriptions.
4. Documentation proving you have the required equipment stated in the
specifications. -
5. Be otherwise qualified and eligible to receive an awazd.
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 areas that you bid based on the expected
volume of cutting in these azeas.'
9. If you plan to expand your employees and your equipment to handle the
areas to be bid, please provide information indicating your capabilities to
maintain those azeas.
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-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.otherwisepermltted 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/$500,000 peroccurrence for contracts of $100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $00,000 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,
a Minimum aggregate policy yeaz limit of $1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy yeaz limit of $2,000,000 .
for contracts in excess of $100,000.
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 aze provided, minimum limits aze $300,000 per person;
$00,000 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 containa provision that coverage afforded under the policies
will.not be altered; modified or canceled unless at least fifreen (1~) days prior wzitten notice
has been given to the City of Port Arthur. Contractor shall also file w7th 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
NSURANCE 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 PROI3ERTIES
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 D1OW
I . Invoice foi 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 $25.00 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.
5. Time Extension may be granted due to inclement weather or to unforeseeable events that
aze 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, TE`CAS -
BID PROPOSAL PAGE
PAGE 1 OF 2
NO~~bIBER 19, 20D8
Bid Proposal for: GRASS b1OWING OF CITY & PRIVATELY OW`~~D
VACANT & DEVELOPED LOTS IN AREA "B" & "C" AND VACA\iT LOTS Iv
AREA "D" .
The undersigned
~4~., rA.:o` ~~ ,whose
principal place of business is 'n 6Patw~c>~ t TY~s ,submits herewith, in
conformity with the General Instructions, Conditions, and Specifications for the following
Bid:
OUTLINE OF BID:
ITEM # DESCRIPTION VACANT
PROPERTY
1. MOWING AREA B $ ~ DUZ{ psf
2. MOWNG AREA C $ ~ O I>3y psf
3. MO~VNG AREA D $ r ooh psf
Receipt of addenda is acknowledged:
No. 1 Dated
No. 2 Dated
Received
Received
DEVELOPED
PROPERTY
CUSS psf
$ , G OS 3 psf
GNAT RE DATE
Page 15 of 19
CITY OF PORT ARTHUR, TEXAS
BID PROPOSAL PAGE
PAGE 2 OF 2
COMPANY NAME STREET
S NATU F IDD P.O. BOX
~afhov~z~ ~ocu~cj ~~lst.~~ 7~! 7yyaJ
(PRINT OR T P N ) CITY STATE ZIP
D~~~hx.r (~irx1) 813 ~~~a: e~
TITLE AREA CODE TELEPHONE NO.
Page 16 of 19
BID OPENING DATE: November 19; 2008
`CITY OF PORT ARTHUR
INSTRUCTIONS TO BH)DER
Bidders aie requested to famish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY ~~E'RS~ ~PxctS it ~ ~~•'=~I-~'t°.,tef'
ADDRESS ~~tD ~IEi~^a-~/"~~`/ ~` 3
CITY/STATE/ZIP ~Pr;i.-+,~~'~~ 'l ~ 1~ / 7i7~~~
SEND PURCHASE ORDER TO
'y~. i
COMPANY ' c i Y7~~ 5'I ~ ~ibiCC S n . ,.y, '~ J i ~ ezv,:~~e~
ADDRESS +',~7G /~~~.~c;-w4~
CITY/STATE/ZIP 1)~'s'~ ~ T~'~$ 7 ~~~~~'~
TAX IDENTIFICATION NUMBER ~'J~ ~ - ~ ~ ' ~~'''Z~
Page 17 0£ ]9
PLEASE NOTARIZE AND RETURN THTS AFFIDAVIT AS PART OF THE BID
PROPOSAL
AFFIDAVIT
All pages in the offeror'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
Ciry 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 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 attached proposed payout.
NAME OF OAAFFEROR: ~fhninG~
TITLE /!.,,.oar
ADDRESS 2~~3C a~J, n~c Sf
CITY/STATElZIP T~~~ZL(N~ic/17 ~ %X 7~~~ I
TELEPHONE NUMBER ~~~I) ~J3 ' ~~~:.2.
SIGNATU
STATE
COUNTY
SU~TRSC/BRIBED A~ SWORN to before me by the above named
fry! ~rve.o r1 c/ p U.v~ q on this the / 9 f~.
day of /VO V¢-J'» 6 P.r-, 20 0 ~ . J ~~ ~ GJ~.~~t-
~~~
•'::^~^::~•" GAILG.WFIGHT Notary Public
~~: ~
_~.. ~ ~ Ndaty Palk, State ol7exas
i~ -h/WImisSkn Fsp'ses
i~''"' ' ''' JULY 14, 2072
`"~•`..q ~....
Page 18 of 19
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 Ciry or if
you expect this to occur, please so state: ~i
Signature
Page 19 of 19
P.A. # 14993
Exhibit"B"
(Law Depaztmeut) (City of Port Arthur)
(Required Form)
(07!08/88)
(10105/89)
(03!15/90).
(p. 2 Revised 09/18/90)
~ CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW
DEPARTMENT REVIEW AND CTI'Y COUNCIL AGENDA
I certify that the contract (hereinafter called "said contract") affixed to the attached proposed City Council
Resolution No. 14993 is an exact duplicate of an applicable standard form contract (the 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 filled 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 01/05/88, 07/89, 08/89
[ ] Non-Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89
[ ] Federal -Professional Services -Engineering Contract, Revised Ol/OS/88, 05/89, 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 Ol/OS/88,
05/89(§10), 07/89(§8)
[ ] Non-Federal -Professional Services -Non-Engineering (Consultant) Contract Revised 01/05/88,
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 the indicated page, section, etc. of the standard form have been
deleted from said contract:
DELETIONS
Section or Section or
Page Number Paragraph No. Subparagraph No.
Where Deleted and Caption and Caption
Provision is Which Contains Which Contains Description of
Found On Provision Deleted Provision Deleted Provision
Standazd Form From Form From Form Deleted
1
P.R. i/14993
Exhibit "B"
The following described provisions at the indicated page, section, etc. of the
standazd 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 Standazd of Standazd 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
Standazd Form Contract, a copy of which is attached hereto as Exhibit "B" and is hereby incorporated by reference,
and said changes aze hereby approved."
I understand that this certificate wffi be relied on by the Law Department in reviewing and approving (or
rejecting) as to form and by the Ciry Council in reviewing and adopting (or rejecting) said Resolution and
Contract.
Signed this 16'" day of December, 2008.
/~~~ ~~~~
L v~vren e B~ .
Director of Community Services
2