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HomeMy WebLinkAboutPR 14985: GORDON'S LAWN SERVICE MOWING CONTRACT (AREA B)Memo ~~ To:_ Steve Fitzgibbons,CiryManager t~ 1, From: Lawrence Baker, Director of Commumry Services Date: December 16; 2008 - _ Re: CONTRACT14T0 GORDONIS LAWNDSERVICE FOR~GRASS-CIJTTIN~ SERVICESOFOF PRIVATELY-OWNED AND CITY-OWNED VACANT LOTS IN AN. AREA OF THE CITY DESIGNATED AS AREAB- COMMENT RECOMMENDATION: Staff recommends that the City Council adopt P. R No. 14985, authorving the City for the Manager to execute aone-}~eaz contract between the Cary of Port Arthur and CORDON'S LAWN SERVI , P Pe in Area B. AArea B is that area of the City of~Poct Arthur~oughly boupnded on the no h by Wesoc 9e~Street and KCS Railroad, on the east by Savannah Avenue, on the south by Lakeshore Drive, and on the west byFoley Avenue. BACKdR OLTNDfoBLds mowing f aacanc lots in Area B2for8th~amo~unt of $ 02 n r__~Saua~ Thel~ontrac[ana for one yeaz a2th the Cit}~s option to renew for two (2) additional years. r NAMF NAME NAME NAME NAME OF NAmt yr BIDDER ~~~~•~~ OF OF OF BIDDER OF OF BIDDER OF BIDDER BIDDER BIDDER BIDDER GRASS- NORTH BIDDER ROBCO CORDON'S SOUTHE A CUT KB'S AFFORD- ABLE HOPPER STAR LAWN XTX ABOVE TOTAL LAWN LAWN LAWN UNLIMITED SERVICE LAWN CARE SERVICE UNIT MAINT. UNIT UNIT UNIT UNIT COST UNIT COST UNIT COST ITEM # UNIT COST COST COST. COST COST 0081 $ $.0042/ $.0089/ $.0031/ F MOW- $00731 $.002/ $.004/ $.019! F PER S . PER S.F. PER S.F. PER S.F. . PER S. ING PER S.F. PER S.F PER SIF . unn o BUDGET AND REVENUE IMPACT: Adoption of this proposed resolution will not require a budget amendment. Funds aze 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 Gty Council adopt P. R No. 14985, thereby authorizing the.Ciry Manager to execute a contract with CORDON'S LAWN SERVICE fo Pth~ owin~ a B The contractor wills (b 't proof of have failed to maintain the property) and Cit}`owned vacant ro ny insurance. RS Attachment P. R No. 14985 11/26/08 RS FOR ~ REQUESTED BY: LAWRENCE BAKER, COMMUNITY SERVICES •• DIRECTOR ADMINISTRATIVE " PURPOSE: TO AWARD GRASS CUTTING CONTRACT FOR •• CUTTING OF PRIVATELY & CITY-OWNED USE •• VACANT' PROPERTY IN AREA B •' LOCATION: AREA B, AN AREA ROUGHLY BOUNDED ONLY ON THE NORTH BY W. 19TH ST./KCS RR, •~ ON THE EASTBY SAVANNAH AVE., ON •~ THE SOUTH BY LAKESHORE DR, AND ON •• THE WEST BY FOLEY AVE. RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH 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 B, TO BE CHARGED TOACCOLTNT NO.001-1401-551.59-00. NOW THEREFORE, BE IT RESOLVED BY THE-CITY COUNCIL OF THE QTY OF PORT ARTHUR Section 1. That the facts and opinions of the preamble are true and correct. Section 2. That for the purposes of this resolution, Area B is that area of the City of Port Arthur roughlybotmded on the nonh by West 19Th Street and KCS Railroad, on the east bySavannah 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 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 City Council of the City of Port Arthur hereby authorizes the execution of a contract with the lowest and most responsible bidder Cordon's Lawn Setvice for grass cutting services of privatel}~ owned properties (not maintained by owners) and Ciry--owned vacant properties for the contract price of $.002 per square foot for the mowing of vacant lots in area B. A copy of the bid tab is attached hereto as Exhibit "A". P. R No. 14985 11/26/08 RS Section 5. Exhibit "B°. Section 6. Council. That the City Manager is hereby authorized to execute the contract attached hereto as That a copy of the caption of this Resolution be spread upon the Minutes of the City READ, ADOPTED, AND APPROVED this the 16~' 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 NOES: Councilmembers: ATTEST: ACTING CITY SECRETARY APPROVED FOR ADMINISTRATION: QTY MANAGER MAYOR APPROVED AS TO FORM: Gf.C QTY A O (d ev ~~ ~~ /.t~,~ ~~ DI CTOR OFOF C~TI~ SERVICES 2 P. R No. 14985 11/26/08 RS APPROVED AS TO AVAILABILITY OF FUNDS: ~o~ ~~ DIRECTOR OF FINANCE EXHIBIT ~~A" ~ .~ CITY OF DESCIZIPTION: GRASS MOWING OF C1TY VACANT 'ARTHUR TEXAS SHEET DEVELOPED LOTS IN AREAS B, C & D lull VYY1VllVt.. vA1r,: lvvvnrviDC.n ice, <vvu NAME OF B1llDER NAM OF BIDDER NAME OF BIDDER NAME OF BIDDER NORTH STAR UNLIMITED GORDO 'S LAWN RvBCO SOUTHEAST TEXAS SERVIC LAWN MAINTENANCE ITEM UOM ITEM VACANT. DEVELOPED VACANT DEVELOPED VACANT.DEVELOPED VACANT DEVELOPED GROUP B $.0031 $.0071 $.002 $.002 $.0073 $.O1 $.004 $.0055 1 PSF GROUP C $.0031 $.0071 $.002 $.002 $.0073 $.O1 $.0037 $.0053 2 PSF GROUP ll $.0061 N/A $.002 N/A $.0091 N/A $.004 N/A 3 PSF PLACE OF BUSINESS PORT ARTIICJR, TX PORT. THUR, TX BEAUMONT, TX BEAUIvIONT, TX CITY OF DESCRIPTION: GRASS MOWING OF CITY VACANT BID OPENING DATE: NOVEMBER 19, 2008 '. ARTIIUR TEXAS SHEET DEVELOPED LOTS IN AREAS B, C & D NAME OF BIDDER NAM OF BIDDER NAME OF BIDllER NAME OF BIDDER A CUT ABOVE KB'S TO AL LAWN AFFORDABLE LAWN GRASSHOPPER CARE LAWN SERVICE ITEM UOM ITEM VACANT DEVELOPEll VACANT DEVELOYED VACAN'P llEVELOPED VACANT DF,VELOPED GROUP B $.019 $.019 $.008 $.0095 $.0042 $.006 $.0089 $.0092 1 PSF GROUP C $.019 $.019 $.006 $.0087 $.0041 $.006 $.0089 $.0092 2 PSF GROUP D $.019 N/A $.007 N/A $.0089 N/A $.0075 N/A 3 PSF PLACE OF BUSINESS PORT ARTHUR, TX PORT N ACHES, TX PORT ARTHUR, TX PORT ARTHUR, TX DATE: PURCl; EXHIBIT ~~B" CITY-OWNED AND PRIVATELY-OWNED VACAN'T' PROPERTIES GRASS MOWING CONTRACT THIS AGREEMENT, made this 16TH 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 "QTY" and CORDON'S LAWN SERVICE, a(n) herein acting individual, firm, partnership or corporation by and through _GORDON'S LAWN SERVICE, hereinafter called "CONIRACI'OR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be from December 16TH. 2008 to December 16TH. 2009, with the option of the QTY 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 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 therein forthe price of . 002 persquare 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 of-Award G) Notice to Proceed H) Notice to Mow I) Bidders Equipment, Experience, and References Map of Area CORDON'S LAWN SERVICE "MOWING CONTRACT "' AREA B - VACANT ~ 2 OF 2 7. This Agreement shall be binding upon all parties hereto and their respective hens, 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: QTY ATTORNEY OWNER QTY MANAGER ATTEST: ACTING QTY SECRETARY CONTRACTOR CORDON'S LAWN SERVICE: (SIGNATURE) ,NAME (PRINT): ADDRESS: (CORPORATE- SEAL) ATTEST: NAME: z r-•, _ _ _ _ __~.. -~-~..r_,a.,._ _ _ COMMUNITY DEVELOPMENT GRASS MOWING OF CITY & PRIVATELY OWNED VACANT & DEVELOPED LOTS IN AREAS "B" & "C" AND VACANT LOTS IN AREA "D" NOVEMBER 2, 2008 - ; CfTK OF PORT -- -ARTHUR, TEXAS -ADVERTISEMENT - FOR 81DS _ '. NOTICE IS.HEREBY GIVEN "THAT::-- sealed -Bids, ~ addressed. to- the Ciry,of PorCArthu_ r will be - :received at the Olfice of no City. Ccubcil~-Chambers; 5th Flocr,.:City-Hall,`POtt Anhur,. Texas. for certain aervices'bde8y Eescribed asi ~..~.... .. NOVEMBER 9, 2008 :~ S90 Nofices : - wncemin~P . heanng; '.please contact the Community Develop- ment Oflice at 983-8251. C_o_ F - ARTHUR,-TE7(AS -_: ": ". ADVERTISEMENT-- . ;:.`:FOR'BIDS-"'" NOTICE IS HEREBY. -GNEN THAT .sealed -Bids, addressed- to the- Cdy of PoRArthur, will he ~- received at the Office of - ~ the City Secretary;" City - - Hall,- 44'4- 4th-Street or - - PO Box ]089,. Port ~Ar- Te.n~ neat no DELORIS "BOBBIE" PRINCE, MAYOR LACK CHATM.AN, )R., Di AYOR PRO-TEM COWCIL MEMBERS: ' CAL JONES MORRIS ALBRIGHi, Ifl MARTIN FLOOD JOHN BEARD, 1R. ROBERT E. WILLIAbISON D. KAY wISE MICHAEL "SHANE" S[NEGAL Clry of ..7nlplppr L1 ort~rthu Texas INVITATION TO BID October 27.2008 Vendors: ~i:=: nom.., ~.~ ~. _.~.. CITY 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. 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 City Council Chambers, 5th Floor, City Hall, Port Arthur; Texas for the following: GRASS D'10«'ING OF CITY R PRIVATELI' 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 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 S[GNED 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 OF PORT ARTHUR CITY SECRETARY CITY SECRETARY P. O. BOX 1089 449 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 1 of 19 . P.O. BOX 7089 • PORT ARTHUR, TEXAS 77647-1089 • 409/983-8775 • FAX 409/983-8297 Bids received after the closing time specified will be returned to the bidder unopened. Award will be made as soon as practicable after openine. To obtain results; or it you. have any questions, please contact the Purchasing Department, at (q09) 983-8160. The City of Port Arthur reserves the riUht 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, Shawna Tubbs Purchasing Manager Page 2 of 19 MANDATORY PRE-BID CONFERENCE A Ivlandatory Pre-Bid Conference between Represeniatives oY the City of Port ~rthue Texas and prospective bidders for Grass. Nlowina of Citv & Privateh~ Owned Vacant & Developed Lots in Areas "B" & "C" and Vacant Lots in Area "D" will be-held at Cih° Hall ~m Floor Conference Room which is located at 444 4T~j Street on November 13; 200"8 at 10:00 a.m. The purpose of the b'Iandaton 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 D4anaoer, 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 Nlandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 19 CITY OF PORT ARTHUR . GENERYI, SPECIFICATIONS GENERAL INFOR~'TATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information speciffed 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 furnishing: GRaS5 MOWING OF CITY & PRIVATELY OWNED VACANT & DEVELOPED LOTS IN AREA "B" & "C" AND VACANT LOTS IN AREA "D". Bids must be in a sealed envelope addressed to the Citv Secretary Citv of Port Arthur. P. O. Box 1-089. Port Arthur. Texas 77641. Bids shall be received no later than 3:00 P. M. November 19. ?008. Bid proposal \4UST 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 Indic-aie that the bidder has not take-n 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)/subsiitutions(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, euaranteeing 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 tts 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. Awadd 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. Page4of19 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: takins into consideration the relative importance of price, conformance to specifications and capability and experience of the contractor. . TERMINOLOGY": "Bid" vs. "Proposal"--For the purpose of this ITB. the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: 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 Pon 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 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 puichase 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: Payment will be made upon receipt of hvo (2) original invoices and verification by Environmental Health the work has been done properly. SALES TAl: The City of Port Arthur is exempt by-law from payment of Texas Sales Tax and Federal Excise Tas; 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 ooveming 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, director indirect, in this Contract as provided by Chaptei X73 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 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 Cit}' 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 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 anv claim against the City of Port~Arthur for quantities less than the estimated amount. All bids will remain in effect for one year. 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 having a bid package. SHIPPING INFOR~'IATION• All bids are to be F.O.B., City of Port Arthur; Port Arthur, Texas 77640 INCORPORATION OF PROVISIONS REQUIRED BP LA~V Each provision and clause requtred 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, anv 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 alt 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 derailed description concerning any point shall be reaarded as meaning that only the best commercial practices are to prevail v y y~'hile the purpose of thespecifications 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 invoh~ed. In the event of conflicts beriveen the w7itten 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 Civii 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 CAliSE: If; through any cause, the Contractor shsl: fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate anv 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 arty 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~contract at any time giving at least thirty (3D) 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. ElPERIENCE & 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 otherv,-ise 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 t~vo areas. 8. Existing mowing schedule for your existing contracts and your proposed mowing schedule far allbf 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 teleases 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-COVTR4CTS: The Contractor shall not execute an agreement with any sub- contractor or permit any sub-contractor to perform any work included in this Contract unfit he has received from the City of Port Arthur written approval of such agreement. INSUR4NCE: 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/$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury $1;000;000 single limit per occurrence or $500,000 each person i$I,OOQ000 per occurrence forcontracts in excess of $100;000; and: b. Property Damage $100,000 per occurrence resardless 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 (Includine owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence. for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance 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 will not be altered, modified or canceled unless at least fifteen-(1 ~) days prior written no[ice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF NSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. SIZE OF PROPERTIES This contract does not include an}' 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 DI0~3' 1. Invoice for lots mowed must be in the L-.m ironmental & Consumer Health Division Office no later than 9:00 a. m. on the Thursday before the check run. 2. It is Uie 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. Uriless an extension is granted by Environmental & Consumer Health Division, the Contractor will be subject to liquidated damages of $?5.00 per day for each lot that is not mowed within seven (7) days. ~. 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. 1 Page 10 of 19 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE PAGE i OF 2 Bid Proposal for: GRASS MO • NOVEMBER 19.2008 VACANT & DEVELOPED OT IO AREA «B ; ~ CATELY OWNED `'~~A "~"• AND VACAi\T LOTS IN The undersigned principal place of business is j ~: Whose ~~~ + n" ~~e submits herewith, in conformity with the General Instructions, Conditions, and Specifications for the following Bid: OUTLIlVE OF BID: ITEM # DESCRIPTION 1 MOWING AREA B 2' MO WIi 1G AREA C 3 MOWING AREA D Receipt of addenda is acknowledged: No. 1 Dated VACANT PROPERTY a D©~ $ - psf ©©~. $ ~ psf a'-D®~ J psf Received Received =~ DATE DEVELOPED PROPERTY o®~~ $ ` -- psf Fat) ~. $ r _ -=psf ~/ Page 15 of 19 No. 2 Dated 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 (Law Department) (Required Form) (07/08188) (10105/89) (03/15/90) (p. 2 Revised 09/18/90) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA P.R. N 14985 Exhibit"B" (City of Port Arthur) I certify that the contract (hereinafter called "said contract") affixed to the attached proposed City Council Resolution No. 14985 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 Constmction Contract, Revised 01/05/88, 07/89, 08/89 [ 1 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 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 Page Number Where Deleted Provision is Found On Standard Form Section ar Paragraph No. and Caption Which Contains Provision Deleted From Form Section or Subparagraph No. and Caption Which Contains - Provision Deleted From Form 1 Description of Provision Deleted P.R. /114985 Exhibit "B" [ ] The following described provisions at the indicated page, section etc. of the standard form have been altered, modified, , replaced or otherwise chaneed: ALTERATIONS , MODIFICATIONS, REPLACEMENTS, ETC. Page No. § or § No. Sub § or Sub No § Page, § & caption; Where & Ca tion of . & Caption sub § & caption, Provision Found O Standard of Standard etc. of said contract Description which contains n Standard Form which Contains form which Contain of Provision altered, etc. provision; & i Form Provision s Provision n Stahdard Description of Alteration Form , etc. 1 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 Descriotion 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 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 [he City Council in reviewing and adopting (or rejecting) said Resolution and Contract. Signed this 16th day of December, 2008. ,l ~,~~~~~~~ ~ Lawrence Baker Director of Community Services 2