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HomeMy WebLinkAboutPR 14994: GORDON'S LAWN SERVICE MOWING CONTRACT (AREA C)City of Port Arthur Community Services - Environmental Health Memo To: Steve Fitzgibbons, City Manager _ /.// _ ~/rf~"J _-__ From: Lawrence Baker, Director of Community Services Date: December 16, 2008 Re: P. R. No. 14994 -AWARDING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT TO CORDON'S LAWN SERVICE FOR GRASS-CUTTING SERVICES OF PRIVATELY-OWNED AND CITY-OWNED VACANT LOTS IN AN AREA OF THE CITY DESIGNATED AS AREA C. COMMENT RECOMMENDATION: Staff recommends that the City Council adopt P. R. No. 14994, authorizing the City Manager to execute aone-year contract between the City of Port Arthur and Cordon's Lawn Service,. for the contract amount of $.002 per square foot for privately-owned and City-oNmed developed property in Area? C. Area C is that area of the City of Por[ Arthur roughly bounded on the north by Highway 73, on the east by Woodworth Boulevard/iJ.S. Highway 69, on the South by Lakeshore Drive, and on the West by Savannah Avenue. BACKGROUND: Bids were opened on November 19, 2008 CORDON'S LAWN SERVICE was the lowest and best bidder to wit for the mowing of vacant lots in Area C for the amount of $.002 per square foot. This contract is for one year with City's option to renew for two (2) additional years. NORTHSTAR GORDO\'S ROBCO SOUTHEAST ACUT KB'S AFFORDABLE GRASSHOPPER UNLIMITED LA~iN TEX LAWN ABOVE TOTAL LAWN CARE LAWN SERVICE MA1NT. LAWN SERVICE 1TEM UNIT COST UNIT UNIT UNIT COST UNIT UNIT UNIT COST UNIT COST COST COST COST COST GROUP $.0031/PER 5.002/PER $.00731 5.0037/PER $.019/PER $.006/ $.0041/PER - $.0089/PER S.F. C S.F. S.F. PER S. F. S.F. S.F. PER 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-SS1.59-00. STAFF LEVEL IMPACT: Adoption of this proposed resolution will have no effect on current staffing level. SUMMARY: Staff recommends that the City Council adopt P. R. No. 14994, thereby authorizing the City Manager [o execute a contract with Cordon's Lawn Service for the mowing of grass on privately-owned (where owners have failed [o maintain the property) and City-owned vacant property in Area C. The Contractor will submit proof of insurance. JAT P. R. No. 14994 12/16/08 JAT FOR ~` REQUESTED BY: LAWRENCE BAKER, COMM[JNITY SERVICES DIRECTOR ADMINISTRATIVE '~ PURPOSE: TO AWARD GRASS CUI'IING CONTRACT FOR CU'I'IING OF PRIVATELY & QTY-OWNED VACANT PROPERTY IN AREA C USE ~ LOCATION: AREA C, AN AREA ROUGHLY BOUNDED THE NORTH BY HWY 73, ON THE EAST BY WOOD- WORTH' BLVD/U.S. HWY 69, ON THE SOUTH BY LAKE SHORE DR, AND ON THE WEST BY SAVANNAH AVE. RESOLUTION NO. ' A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACF TO CORDON'S LAWN SERVICE FOR GRASS CUTTING SERVICES OF PRIVATE LY-OWNEDAND CITY- OWNED VACANT 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 U.S. Ihghway 73, on the East by Woodworth Boulevani/U.S. Highway 69, on the South by Lakeshore Drive, and on the West 6ySavannah Avenue; and Section 3. That forthe purposes of this resolution, a developed lot is defined as a lot orparcel 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 Port Arthur herebyauthorizes the execution of a contract with the lowest and most responsible bidder CORDON'S LAWN SERVICE for grass cutting services of privately- owned vacant properties (not maintained byowners) and City-owned vacant propenies for the contract price of 0.002 per square foot for the mowing of vacant lots in Area G A copy of the bid tab is attached as Exhibit "A". P. R No. 14994 u/16/os JAT Section 5. That CityIVlanager 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 City Council. 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 Pon Arthur, Texas by the following vote:. ' AYES: MAYOR COUNQL MEMBERS: NOES: ATTEST: ACTING QTY SECRETARY APPROVED FOR ADMINISTRATION: QTY MANAGER MAYOR APPROVED AS TO FORM: O, Y (,OrJ (~ 11.y~a~ 9 ` ~ ~, DI CTOR OF CO TY SERVICES 2 P. R No. 14994 Iz/16/os JAT APPROVED AS TO AVAILABILITY OF FUNDS: DIRECTOR OF FINANCE. EXHIBIT A CITY OF P RT. ARTHUR TEXAS ID SHEET DESCRIPTION: GRASS MOWING OF CITY VACANT' DEVELOPED LOTS IN AREAS B, C 3c D ...., lloc•A~ewTr n ~ mc. T.invThARFR ) o ~fl()R a)aL Va r.nu~v vr.a u. (--- , ........-~-.--,---- NAMF. OF BIDDER NAbi OF BIDDER NAME OF BIDDER NAME OF BII6DER A CU'f ABOVE KD'S TO 'A1, LAWN AFFURllABL.E LAWN GRASSIIOPPF.R CARE LAWN SERVICE LTEM LIOM ITEM VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPED a GROUP B _ $.019 $.019 $.008 $.0095 $.0042 $.006 $.0089 $.0092 1 PSF GROUP C $.019 $.019 $.006 $A087 $A041 $.006 $.0089 $.0092 2 PSF GROUP D $.U19 N/A $.007 N/A $.0089 N!A $.0075 N./A 3 PSF PLACE OF BUSINESS PORT AR1'HIIR, TX PORT N :CHES, TX PORT AR"1'6iiJR, TX PORT' ARTHUR, TX DATE: PURCF. CITk O&' P R'P. AKTHiJR TEXAS ID SHEET llESCRIPTAON: GRASS MOWING OF CITY VACANT DEVELOPF,D LOTS IN ARRAS B, L & D ....~ ~nc•wmwrr raw TLS. win\7FAAR FA 10 ~(1!)R NAMF. OF BIDDER NAM OF BIDDER NAME OF BIDDER NAME OF BIDDER A CU'T ABOVE KB'S "LO 'AI, LAWN AFFURDABI,E LAWN GRASSHOPPER CARE LAWN SERVICE ITEM UOM ITEM VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPEll VACANT DEVELOPED GROUP II $.019 $A19 $.008 $.0095 $.0042 $.OOG $.0089 $:0092 1 PSF GROUP C $.019 $.019 $.006 $.0087 $.0041 $.006 $.0089 $.0092 2 PSF ~-. GKOUP D $.019 N/A $.007 NiA $.0089 N/A $.0075 NIA 3 PSF _ -- __ PLACE OF BUSINF,SS PORT ARTHUR, TX PORT N ACHES, TX PORT ARTHUR., TX PORT ARTHUR, 7'X DATE: PURCH EXH 1 B 1'r "B" CITY-OWNED AND PRIVATELY-OWNED VACANT PROPERTIES GRASS MOWING 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 "OWNER" OR "CITY" and GORDON'S LAWN SERVICE, a(n) herein acting individual, firm, partnership or corporation by the through GORDON'S LAWN SERVICE 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: I. 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 vacant 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 services necessazy 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 terms. there in for the price of $.002 Eer square foot. 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) Advertisement for Bids C) General Information D) Specifications E) Bid F) Notice ofAwazd G) Notice to Proceed H) Notice to Mow I) Bidders Equipment J) Experience, and References K) Map of Area GORDON'S LAWN SERVICE * MOWING CONTRACT * AREA C -VACANT * 2 OF 2 7. This Agreement shall be binding upon all parties hereto and their respective heirs, respective heirs, executors, administrators, successors, and assigns. 8. 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: .MAYOR ATTEST: CITY SECRETARY CONTRACTOR: GORDON'S LAWN SERVICE (SIGNATURE) NAME (PRINT): ADDRESS: (CORPORATE SEAL) ATTEST: NAME: CITY MANAGER ~., _ ~ _ COMMUNITY DEVELOPMENT GRASS MOWING OF CITY & PRIVATELY OWNED VACANT & DEVELOPED LOTS IN AREAS "B" & "C" AND VACANT LOTS IN AREA "D" 11'OVEMBER 2, 2008 - -: CITY OF PORT - :ARTHUR,TEXAS ADVERTISEMENT _ _ FORBIDS NOTICE'-. iS': HE_RERY GIVEN-`THAT.:? sealed -Bids, ~ addressed-. to~ the : Cny of Port Arthur, will to rPf_PNPd 87 tne. OKne U7 thur Texas ::77647 ~: no ~~ :later fhan:3:00 P.M., No- :-vember:t9,2008,'and all ~• bids receiVed,.wdl ttiereal- tter be opened and lead ~ - i aloud at 3a5. P.M. odNo ~. `vemher t9',~2008 in"Ne Ciry Council`Chambers; 5th Floor,_Ghy~ Hall,' Pott Arthur;; :Texas. fir certain serviies~bdetly ilescdbed~ Grass Mowing of City Owned &Pdvately -- ,, Owned Vaeant & Devei-- - ' oped Lotaih Areas ~B" ''~ & "C" AntlNacant Lots in Area D NOVEMBER 9, 2008 Pudiic : - 89~:Notices .::.. conceini ;hearing;.please contact -~ the' Community -Develop- ment Offrce at 983-8251. CRY `..ARTHUR,.TEXAS "~ ADVERTISEMENT: %PCfiBIDS '_,, ' GNENE THAT HEsealed ~Blds, addressed tothe~. CdY of Port Arthur, `Bill he reserved at the 6lfice of ,,,,. ~ the Ciry Secretary;' Ciry ~- Hali, 444.9th SPeoedl Arr PC Bpxy~089,_ - .. _ ~ meet no ter. be o1 aloud aN rember ` :,iN` Cor . ilh Flao~. ldhur, ~ RM~- UELORIS "BOBBIE" PRINCE, AAAYOR JACK CHATMAN, IR_, IbIdYDR PRO-TEM COUNCIL MEMBERS: CAL JONES MORRIS ALBRIGHT, Ili MARTIN FLOOD JOHN BEARD, 1R. ROBERT E. WILLIAMSON D. KAY wISE ` MICHAEL"SHANE"SNEGAL Clty Of .. ~II~il11~~r ort~rthu Texas INVITATION TO-BID Vendors:. October 27. 2008 ~ I :::':1 L. ~ f I .:. V I li U~~.'-.: CITY MANAGER TERRI HANKS ACTING CITY SECRETARY MARK T. SOKOLON~ 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 Cih 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 Citv Council Chambers, 5th Floor, City Hall, Port Arthur. Texas for the following:, GRASS MOWING OF CITY & PRIVATELY OWNED VACANT & DEVELOPED LOTS IN ARE.as "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 left 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 B[ND THE FIRM IN A CONTRACT. MARK ENVELOPE: GRASS CUTTING Sealed Bids shall be submitted to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY CITY SECRETARY" P. O. BOX 1089 444 4TH STREET PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. Page l of19 P0. BOX 1089 • PORT ARTHUR, TEXAS 77647-1089 • 409/983-8115 • FAX 409/983-8291 Bids received after the closing time specified will be returned to the bidder unopened. Award wile be made as soon as practicable after opening. To obtain results; or if you have any questions. please contact the Purchasing Department, at (~J09) 933-3160. The City of Port Arthur reserves the right to reject amp 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, i Shawna Tubbs Purchasing Manager Page 2 of 19 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City o: Port Arthur. Texas and prospective bidders for Grass Nimvins of City R Privately Owned Vacant & Developed Lots in Areas "B" & "C" and Vacant Lots in Area "D" will beheld at City Hall ~`~ Floor Conference Room which is located at 44~ 4aH Street on November 13.2008 at 10:00 a.m. . The purpose of the Niandatory 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 Purchasine 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 Nlandatorv Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 19 CITY OF PORT ARTHUR GENERAL SPECIFICATIONS GENERAL INFORMATION NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the Citv of Port Arthur the required .information specified in the Bid or Proposal Specifications listed in this Bid Package. The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to prepare SEALED BIDS IN DUPLICATE for famishing: GROSS MOWING OF CITY & PRIVATELY OWNED V"ACANT & DEV"ELOPED 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 laterthan 3:00 P. NI. November 19. ?008. Bid proposal ivfUST 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 ATTACHbIENT 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 Che bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accepi 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 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 one area or multiple areas, 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. 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. Awazd 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 4 of 19 Bidders will have to provide documentation as to the staius 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. TERiyIIIVOLOGY: "Bid" vs. "Proposal"--For the purpose of this.ITB; the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in This ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall vote on this contract in violation of Chapter 171 Local Government Code. ETHICS: The bidder shall not offer or accept gifts or anything of value, nor enter into any business arrangement with any employee; official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE 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 of proposed delivere 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 shalt 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 CLAIiVIS 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 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 shalfbe mailed directly to the City of Port Arthur, Atm.: Environmental Health; P. 0. Box 1039, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of rivo (2) original invoices and verification by Envirorunental 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 Tas. 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. COMPLLANCE R'ITH LA~'6S: 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 bIENIBERS OF CITY: No member of the governing body of the Cit_v, and no other officei; employee or anent 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 ~ 73 Government Code; and; the Contractor shall take appropriate steps to assure. compliance. ~ DELINQUENT PAYMENTS DUE CITY': The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to anyone owing delinquent lases, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must cotnplete and sign the AFFIDAVIT included as part of this ITB. CONTRACT: The following will comprise the contract between the City and the successful bidder: 1. Agreement 2. Advertisement for Bids ' 3. Addenda 4. General Information 5. Specifications 6. Bid 7. Notice of Awazd 8. Notice to Proceed Page6of19 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. All bids will remain in effect for one year. vo person has the authority to verbally alter these specifications. Any interpretations. corrections or changes to this [TB and specifications will be made in writing by the Purchasing Division of the City of Port Arthur and sent to each person having a bid package. SHIPPING INFORMATION: All bids are to be F.O.B.; City of Port Arthur, Port Aihur; Texas 77640 INCORPORATION OF PROVISIONS REQUIRED BY" LA`.~': 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 wi[L 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. 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 beriveen the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination ofthe 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 of19 Questions concerning this ITB or additional information should be directed to Darlene Thomas Pierre at (409) 983-8209. TERMINATION FOR CAliSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contactor shall .violate anv of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by givingwritten notice to the Contractor of such termination and specifying the effective date thereof; at least fifteen (I ~) 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 b}' virtue ofany breach of the contract by the Contractor; and the City may withhold any payments to the Contractor for the purpose ofset-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 contracYat 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 perfornred 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 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 ~. 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 areas that you bid based on the expected volume of cutting in these areas. 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 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-CO`ITR4CTS: 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. INStiR4NCE: 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 an_v of them may be liable, of the follov«ng types and limits 1. ~ Commercial General Liability occurrence type insurance (City of Port Arthur; its officers, agents, and employees must be named as an additional insured): a. Bodily injury $00,000 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. 2. 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 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 necessazy 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 othenvise specified, Contractor shall file completed certificates of insurance wi[h 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.(1 ~j 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 showinv the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthurnot 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. J[JNK 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 IVIO«' I . 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. II 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 wilt be subject to liquidated damages of 525.00 per day for each lot that is not mowed within seven (7j days. 4. Iv1ow 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 ARTHUR, TEXAS BID PROPOSAL PAGE PAGE 1 OF 2 NOVEMBER 19 2008 No. 2 Dated Bid Proposal for: GRASS MOWING OF CITY & PRIVATELY OWNED VACANT & DEVELOPED LOTS IN AREA `B°> & "C" AND VACANT LOTS IN AREA "D" /` The undersigned 11~ ;~ 3/P_ ~ ! ~.ni~- ~-f ~ . n ~' _ ~"" °' ,whose pnncipalplace of business is ~~~ /~`/g . ~~.~ni'~ ,submits herewith, in conformity with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF BID: ITEM # DESCRIPTION I MOWNG AREA B 2 MOWING AREA C 3 MOWING AREA D VACANT PROPERTY e ©a~ $ _ _ psf ©4a _ $ - psf a - - - ps, Receipt of addenda is acknowledged: No. 1 Dated Received. Received L ~.~ DATE DEVELOPED PROPERTY 0~~ $ ~ -- psf . a~a S ~ _ -=psf ~l - ~ Page l5 of 19 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE PAGE 2 OF 2 , ~oyC~~~S ~.a-~/~ cS~+'UICL C?Pa~ VGtC+.ti'~1n~ ~~ COtiIPANY NAME STREET ADDRESS ~- SI NATU IDDE P.O. BOX (PRINT TYPE NAME) CITY STATE ZIP ~C,C~YI~-YL_ TITLE AREA CODE TELEPHONE NO. Page 16 of 19 BID OPENL~IG DATE: November 19, 3008 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to famish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: / COMPANY /,J-i/~ ~-frG' 1'C1~ T^1 ADDRESS ~~i Gi/iG ftl/~~ CITY/STATE/ZIP ~~ 1'-E' 71c ~~~4~0 ADDRESS qa-~ ~ ~ ~ ~~ CITY/STATE/ZIP ~~/-~ ~V~-,:yr -(-~ ~7(0~0 TAX IDENTIFICATION NUMBER 3 `~0 lGj ~ ~1'-'2C1 5 ~ U SEND PURCHASE ORDER TO COMPANY ~ C..°1 o Y c~o /1 ~ ~ Ord or, S ~lf~-L'. n C~~,rJ rC~ Page 17 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 City. or if you expect this to occur, please so state: Page 19 of 19 P.R. N 14994 Exhibit"B" (City of Port Arthur) (Law Department) (Required Form) (07/08/88) (10/05!89) (03/15/90) (p. 2 Revised 09!18/90) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I certify that the contract (hereinafrer called "said contract") affixed to the attached proposed City Council Resolution No. 14994 is an exact duplicate of an applicable standard form contract (the title of which is shown below) previously approved by the Law Department and adapted 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 01/05188, 07/89, 08/89 Non-Federally Ft}nded Construction Contract, Revised Ol/OS/88, 07/89, 08/89 Federal.- Professional Services -Engineering Contract, Revised 01/05/88, 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 01/05/88, 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 O1/OS/88, 05189(§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 Pazagraph No. Subparagraph No. Where Deleted and Caption and Caption Provision is Which Contains Which Contains Description of Found On Provision Deleted Provision Deleted. Provision Standard Form From Form From Form Deleted 1 P.R.N14994 Exhibit "B" [ ] The following described provisions at [he 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 provision; & etc altered i i Found On Form which form which . , on s of Prov Standard Description of Alteration i Standard Contains Contains n 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 Contractexcep[ 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 this certificate will be relied on by the 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. ~w nce Baker ~' Director of Community Services