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HomeMy WebLinkAboutPR 14986: GORDON'S LAWN SERVICE MOWING CONTRACT (AREA D)~, ;. Memo To: Steve Fivgrbbons, GryManager From: Lawrence Baker, Director of CommuniryServices Date: December 12, 2008 Rec P. R NO. 14986 - AWARDING A BID AND AUTHORIZING THE EXECUTION OF CONTRACT TO CORDON'S LAWN SERVICE FOR GRASS-CUT"fING SERVICES OF PRIVATELY-OWNED AND CITY-OWNED VACAN'T' LOTS IN AN AREA OF THE CITY .DESIGNATED AS AREA D COMMENT RECOMMENDATION: Staff recommends chat the Ciry Council adopt P. R No. 14986, authorizing the City Manager to execute aone-yeaz contract between the City of Port Arthur and CORDON'S-LAWN SERVICE, for the contract amount of $.002 oer square foot for mowing privatel}xowned and City-owned vacant property in Area D. Area D is thaz area of the Ciry of Port Arthur roughly bounded on the north by Highway 73, on the can by Duff Drive, on the south by Lakeshore Drive, and on the west by Woodworth Boulevard/U. S. Highway 69, but also includes Foster, I Tighland Heights and Faidea Additions. BACKGROUND: Bids were open on November 19, 2008; CORDON'S LAWN SERVICE was the lower and best bidder to wit for the mowing of vacant lots inArea D for the amount of $.002 per square foot. The contract is for one yeaz with the Cat}~s option to renew for two (2) additional years. NAME NAME NAME NAME NAME OF NAME NAME NAME OF OF BIDDER OF OF BIDDER OF OF OF BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER ROBCO CORDON'S SOUTH A CUT KB'S. AFFORD- GRASS- NORTH LAWN EXTX ABOVE TOTAL ABLE HOPPER STAR - . SERVICE LAWN LAWN LAWN LAWN UNLIMITED MAINT. CARE. SERVICE ITEM # UNIT UNIT UNIT UNIT UNIT ~ UNIT UNIT UNIT COST COST COST COST COST COST COST COST MOW- $.0073/ $.002/ $.004/ ,$.019/ $.008/ $.0042/ $.0089/ $.0031! ING PER S.F. PER S.F PER S/F PER S.F PER S.F. PERS. F. PER S.F. PER S.F. UNIT D 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 Cry Council adopt P. R No. 14986, thereby authorizing the Cry Manager to execute a contract with CORDON'S LAWN SERVICE for the mowing of grass on privatel}~owned (where owners have failed to maintain the property) and Gt}xowned vacant, property in Area D. The contractor will submit proof of insurance. '.~r._ - .. - ~ ~ - RS .-. Attachment _^ 3 . .. P. R No.14986 12/12/08 RS REQUESTED BY: LAWRENCE BAKER, CO~UNITY SERVICES FOR w DIRECTOR ADMINISTRATIVE * PURPOSE:. AWARDING A BID AND AUTHORIZING THE EXECUTION OF ACONTRACT FOR CUTTING OF PRIVATELY & CITY-OWNED VACANT PROPERTY IN AREA D USE ~. LOC,ptTION: AREA D IS AN AREAROUGHLY BOUNDED ,~ THE NORTH BY HWI' 73, ON THE EAST BY ONLY ,~ DUFF DR, ON THE SOUTH BY LAKESHORE :~ DR, AND ON THE WEST BY WOODWORTH ;; BLVD/U. S. HWY 69, BUT ALSO INCLUDES .. FOSTER, HIGHLAl`ID HEIGHTS AND ~. pAIRLEA ADDITIONS 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 g CHARGED TO ACCOUNT NO 001 1401-~1.5~9-D0. D, TO 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 for the purposes of this Resolution, Area D is that area of the City of Pon Arthur' Lakeshore Drive, and roughlybounded on the north byU. S. Hrghway73, on the east byDuff Drive, on the south by on the west by Woodworth Boulevard/U. S. Hrghway 69, but also includes Foster, Highland Herghts, and Faufea Additions; and Section 3. That for the purposes of this resolution; a developed lot is defined'as a lot or parcel of ]and 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 P. R No. 14986 12/12/08 RS Section 4. That the City Council of the City of Pon Arthur hereby authorizes the execution of a contract with the lowest andthe most responsble bidder CORDON'S LAWN SERVICE forgrass artting services of privatelgowned properties (not maintained by owners) and City--owned vacant properties for the contract price of $.002 per square foot for the mowing of vacant lots in Area D. A copy of the bid tab is attached as Exhibit "A". Section 5. That the CiryManager is authorized to execute the contract attached hereto "B". Section 6. That a copy of the caption of this Resolution be spread upon the Mmutes of the Clry Council. READ, ADOPTED, AND APPROVED this the 16TH day of December, A.D., 2008, at a Regular Meeting of .the Cary Council of the Ory of Port Arthur, Texas by the following vote: AYES: MAYOR Councilmembers: NOES: ATTEST: ACTING QTY SECRETARY APPROVED FOR ADMINISTRATION: C[TY MANAGER MAYOR APPROVED AS TO FORM: QTY ATTORNIIEY (aAl DB~L~ ~~ ~F~~~,~ _ D CTOR OF CO SERVICES 2 P. R No. 14986 ]2/12/08 RS ', APPROVED AS TO AVAILABILITY OF FUNDS: o o ~ DIRECTOR OF FINANCE 3 EXHIBIT A r j 5.. - CITY OF P RT ARTHUR TEXAS ' III SHEET DESCRIPTION: GRASS MOWING OF CITY VACANT DEVELOPED LOTS IN AREAS B, C & D /Tli+il •!1 1!1110 ISill llYL~l9llV lr Vt11 L`: 1VV VL:1v11J1+1~a~, cvv~. NAME OF BIDDER NAM OF BIDDER NAME OF BIDDER NAME OF BIDDER NORTH STAR UNLIMITED GORDO 'S LAWN RuBCO SOUTHEAST TEXAS SERVIC LAWN MAINTENANCE ITEM UOM ITEM VACANT. DEVELOPED VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPED GROUP B $.0031 $.0071 $.002 $.002 $.0073 $.Ol $.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, TX PORT THUR, TX BBAUM®NT, TX BEAUMONT, TX DATE: PP ! ZD o PURCHASING MANAGER: CITY OF P RT. ARTHUR TEXAS ID SHEET DESCRIPTION: GRASS MOWING OF CITY VACANT DEVELOPED LOTS 1N AREAS B, C & D BID OPENING DATE: NOVFMRF.R 19 ~nnA . NAME OF BIDDER NAM OF BH)DER NAME OF BIDDER NAME OF BIDDER \ A CUT ABOVE KB'S TO AL LAWN AFFORDABLE LAWN GRASSHOPPER CARE LAWN SERVICE ITEM ' UOM ITEM VACANT DEVELOPED VACANT DEVELOPED VACANT DEVELOPED VACANT ,DEVELOPED q 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 r PLACE OF BUSINESS PORT ARTHUR, TX PORT N CHES, TX PORT ARTHUR, TX PORT ARTHUR, TX . DATE: PURCE EXHIBIT "B" CITY-OWNED AND PRIVATELY-OWNED VACANT PROPERTIES GRASS MOWING CONTRACT THIS AGREEMENT, made this 16TH dayof December, 2008, by and between the Caty 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 ,hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be 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 Cit}~owned and Private-owned Vacant properties in Area D as stated in the Contract Documents. 3. During-the term of this Contract, the Contract will famish 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 descnbed in the Specifications and contract documents complywith the terms therein for the price of $.002 per 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 bythe Contras Documents. 6. The term "Contract Documents" means and includes the following: A) Agreement B) Advertisement for Bids C) General Information D) Specifications E) Bid ~ Notice of Award G) Notice to Proceed I-i) Notice to Mow Bidders Equipment, Experience, and References -, .~ Map of Area CORDON'S LAWN SERVICE ~ MOWING CONTRACT ` AREA D -VACANT 'f20F2 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the patties hereto have executed, or caused to be executed bytheir 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 MAYOR ATTEST: ACTING QTY SECRETARY CONTRACTOR CORDON'S LAWN SERVICE: (SIGNATURE) NAME (PRINT): ADDRESS: (CORPORATE SEAL) MANAGER ATTEST: NAME: 2 .. _ ._ __.._._., _ _ :- COMMUNITY DEVELOPMENT GRASS MOWING OF CITY & PRIVATELY OWNED VACANT & DEVELOPED LOTS IN AREAS "B" & "C" AND VACANT LOTS IN AREA "D" ~-, ^ NOVEMBER 2, 2008 - ~ ~: CITY OF PORT --~ rigofCity:. - _ ?0aatefy. , . ~it6~Devel- - '- - aeenCfcts ~ .- i'~p':at~:- NOVEMBER 9, 2008 Puhliq ;89Q N6fices ` . , -cahdemin'h - ~'~, hearing: ~.Dlease -contact the -Community Develop `meet Office at 98$8251. Cl{y -...ARTHUR, TEXAS -:. AD FORBOSE~'-~ - _.. -NOTICE~~ ~IS. HEREBY GIVEN THAT sealed -Bids,. addressed. Id: the' City of Port AMur, ynil 6e received'a4 Me Office 6f the City Secretary;: C'dy Hall,- 444. 4th- SPodt~Ar P.O.:Box, 7089, thur Texas-`77641-.. no later than 3:00 P.M;.. Na vernber 19 _.200B;_anA. all bids. received-vrill tfiereal- ._. ... ,.,,e„ui~Andread DELORIS "BOBBIE" PRINCE, MAYOR LACK ~HATMAN, IR., MAYOR PRO-TEM COWCILMEMBERS: CAL ]ONES MORRIS ALBRIGHT, BI MARTIN FLOOD JOHN BEARD, IR. - ROBERT E. WILLIAMSON D. KAY WISE MICHAEL"SHANE"SINEGAL CIIy Of ort rfhu~-, Tezas INVITATION TO BID October 27, 2008 Vendors: STE?HEN FiTLliiRdGivS C[TY 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 City Secretary's Office and all bids received will thereafter be opened and read aloud at 3:15 P. M.'on November 19, 2008 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for the following: GRASS MOWING OF CITY & PRIVATELY OWNED VACANT & DEVELOPED LOTS IN AREAS "B" & "C" AND VACANT LOTS IN AREA "D" BIDS SHALL BE PLACED IN A SEALED ENVELOPE, with the bidder's name and address in the upper ]eft hand comer of the envelope. FACSIMILE TRANSMITTALS SHALL NOT BE ACCEPTED. BIDS MUST BE submitted on the pricing form included for that purpose in this packet and SIGNED BY A PERSON HAVING THE AUTHORITY TO BIND THE FIRM IN A CONTRACT. MARK ENVELOPE: GRASS CUTTING Sealed Bids shall be submitted to: CITY OF PORT ARTHUR CITY 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 t of 19 P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 409/9638115 • FAX 4091983-8291 Bids received after the closing time specified will be returned to the bidder unopened. Award will be made as soon as practicable after opening. To obtain results, or if you have any questions, please contact the Purchasing Department, at (409) 983-8160. 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, LriltL~--~Jt:~-~"Y Shawna Tubbs Purchasing Manager Page 2 of 19 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference betweenRepresentatives of the City of Port Arthur, Texas and prospective bidders for Grass Mowing of City & Privately Owned Vacant & Developed Lots in Areas "B" & "C" and Vacant Lots in Area "D" will be held at City Ha115`" Floor Conference Room which is located at 444 4TH Street on November 13.2008 at 10:00 a.m. The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clazify the intent.of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting,. but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference 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 City 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 furnishing: GRASS 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 City Secretary City of Port Arthur, P O. Box 1089, Port Arthur, Texas 77641. Bids shall be received no later than 3:00 P. M. November 19 2008. Bid proposal MUST BE SIGNED BY THE BIDDER. All bids meeting the intent of this request for bid will be considered for awazd. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exception and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the. best interest of the City of Port Arthur. Bids cannot be altered or amended after submission deadline. 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: Awazd bids on one azea 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 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 iespousible vendor{s) whose bid is'determined to -: ~ r be the lowest offer; taking 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 infomiation 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 Ciry 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 awazd. 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 awazd. 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 azrangements 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. PRINCIPAL PLACE OF BUSIN-ESS: 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 defmition 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 appeaz 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) original invoices and verification by Environmental Health the work has been done properly. 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 constmed 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 indrrect, 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 Ordinances prohibits the City from granting any license, privilege or paying money to anyone owing delinquent taxes, paving assessments or any money So the City until such debts aze 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 ofAwazd 8. Notice to Proceed Page 6 of 19 QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. 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 INFORMATION: All bids are to be F.O.B.; City of Port Arthur, Port Arthur, Texas 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed fo be enacted herein and the Contract shall be lead and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS• The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete 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 appazent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial 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 i£the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any tune 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 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. Lazgest azea 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 award. 6. Other major companies or azeas 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 azeas 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 famish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors forwork 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. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub- contractor or permit any sub-contractor to perform any work included in this Contract until ~ ~. he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in -the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor.or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits _ Commercial General Liability occurrence type insurance (City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of $100,000.or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regazdless of contract amount; and, c. 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. 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 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 fiffeen {15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. SIZE OF PROPERTIES This contract does not include any lot over one (1) acre in size. .IiINK 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 MOW 1. Invoice for lots mowed must be in the Environmental & Consumer Health Division Office no later than 9:00 a. m. on the Thursday before the check run. 2. It is the responsibility of the contractor to obtain the Notice to mow from Environmental Consumer Health on a daily basis. 3. Work must be completed within seven calendaz 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 thari 2 inches within 7 days. 5. Time Extension maybe 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 wil] 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 Bid Proposal for: GRASS MOWING OF CITY & PRIVATELY OWNED VACANT & DEVELOPED LOTS IN AREA "B" & "C" AND VACANT LOTS IN AREA "D" No. 2 Dated The undersigned ,whose principal place of business is C , 7 r~.~ r~rr~~nn /1i~e ~-_, submits herewith, in conformity with.the General Instructions, Conditions, and Specifications for the following Bid:- OUTLINE OF BID: ITEM # DESCRIPTION 1 MOWING AREA B 2. MOWING AREA C 3 MOWING AREA D Receipt of addenda is aclmowledged: No. 1 Dated VACANT .PROPERTY e ©lJ~ $ _ - psf 04 ~. _ $ - psf 'D®~~ . ~- - - .psf Received Received / '' DATE-- DEVELOPED PROPERTY e~~ $ ` ~- psf ~~ ~.. $ ~ - --Psf 1 Page 15 of 19 CITY OF PORT ARTHUR, TEXAS BiD PROPOSAL PAGE ...PAGE 2 OF 2 . COMPANY NAME. STREET ADDRESS T- SI NA IDDE P.O. BOX Uhl ~`2 ~ r~o n `~ rt~ u ~ ~k `Z ~ ~ y-b (PRINT OR TYPE NAME) CITY STATE ZIP ~ ~'`~~'~- `~" I J~-f 8 2.13 a TITLE AREA CODE TELEPHONE NO. Page 16 of 19 >' BID OPENING DATE: November 19 2008 " 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 ~(~.-ir(]~ C-T Q rd`s ~ ADDRESS ~ ~ri pp~f i CITY/STATE/ZIP ~ L Y-~ ti~'~ r SEND PURCHASE-ORDER TO T1c ~~~~0 COMPANY V ~YG rc~ a ri ~ ~~v~(p,~ 5 ~ n ~yy ~~ ADDRESS _ ~~ Q i +~ C,(~V~ CITY/STATE/ZIP ~U/-~ ~I~l,.u,. --~-~ -ZZ~~o TAX IDENTIFICATION Iv'UMBER 3'x-0 «`~ -~j Z~2 5 ~ U I 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 ~ '~' ~ ~ s ~ ., Page 19 of 19 P.R. p 14986 - ~ Exhibit"B" (Law Department) (City of Port Arthur) (Requ'n•ed Form) (07/08/88) - - _ (10105/S9) -. ,. .. - (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 wntract (hereinafter called "said contract") affixed ro the attached proposed City Council Resolution No. 14986 is an exact duplicate of an applicable standazd form contract (the title of which is shown below) previously approved by dte Law Department and adopted as a standazd 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 [) 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), D7/89(§8) [ ] CDBG -Professional Services -Non-Engineering (Consultant) Contract, Revised 01/05/88, 05/89(§10), 07/89(§8) [X] Other Standazd Form Contract, described as follows: Mowing Contract The changes aze as follows: - (Put an "X" in the appropriate [ ]). [X] Nane. [ ] 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 Standazd Form Section or Paragraph No. and Caption Which Contains Provision Deleted From Form Section or Subpazagraph No. and Caption Which Contains Provision Deleted From Form Description of Provision Deleted 3' 1 P.R.#14986 Exhibit "B" The following described provisions at the indicated page, section, etc. of the standard form have been altered, modified, replaced or otherwise changed: ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC. Sub § or Page, § & caption; Page No. § or § No. Sub § No. sub § & caption, Where & Caption of & Caption etc. of said contract Provision Standard of Standard Description which contains Found On Form which form which of Provision altered, etc. provision; & Standazd Contains Contains in Standazd 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 Ciry Standazd Form Contract except for the changes described in the Certificate of S[andazd 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 will be relied on by the Law Departrnent 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 [his 16TH day of December, 2008. ~~Lawrence Baker Dtrector of Community Services 2