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HomeMy WebLinkAboutPR 12053:RENEW MOWING CONTRACTSParks and Recreation To: Stephen B. Fitzgibbons, City Manager n ~-~~ From: Dr. Albert T. Thigpen. Interim Director of Parks & Recreati.o_ Date: February 18, 2003 Re: Adoption of Proposed Resolution No. 12053 awarding mowing contracts for Fiscal Year 2003 with mowing contractor: Perfect Cut Lawn Care, 4140 Pradice, Beaumont, TX 77705 COMMENT RECOMMENDATION: I recommend that the City Council adopt proposed Resolution No. 12053, which authorizes the award of mowing contracts with Perfect Cut Lawn Care for Groups II and VIII I formerly Groups B and H) at an estimated cost of $10.170.00. A review of the bid tabulation (attached) indicates that Perfect Cut Lawn Care was the lowest and best bidder even when the 3% Local Preference Rule was applied. BACKGROUND: The City of Port Arthur annually contracts with mowing vendors for the mowing of various right-of-ways, parks, and city properties. Following a competitive bid process, Perfect Cut Lawn Care was the successful bidder for Groups II and VIII. The contract is for a total of eighteen (18) cuts--approximately two (2) per month~ There are no cuts in January and February as the City anticipates limited growth Mowing Contract CAM February 18, 2003 Page 2/12053 during these months. The contract will be for one (I) year with the option to renew for two (2) additional 1-year periods. The City does not expect to require cuts in January and February due to the limited growth in these months. BUDCETARY/¢'iSCAL EFFECT: Approval o f this recommendation would authorize expenditure of $10,170.00 bom the Parks & Recreation Department--Account No. 001 - 1207-531.31-00 [Land Maintenance). Said amount represents a decrease of $1,260.00 from last year's bid price. EMPLOYEE/STAFF EFFECT: Adoption of this proposed resolution would have no impact on staffing levels. SUMMARY: I recommend that the City Council adopt Proposed Resolution No. 12053, which authorizes the award of mowing contracts with Perfect Cut Lawn Care for Groups II and VIII al an estimated cost of $10.170.00. A review of the bid tabulation (attached) indicates that Perfect Cut Lawn Care was the lowest and best bidder even when the 3% Local Preference Rule was applied. 2 RESOLUTION NO. P. R. No. 12053 02/18/03 A RESOLUTION AUTHORIZING A MOWING CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND PERFECT CUT LAWN CARE, 4140 PRADICE, BEAUMONT, TEXAS 77705 FOR GROUPS "II" AND "VIII"; SAID ANNUAL CONTRACT IS FOR MOWING VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY: ESTilvlATED ANNUAL COST $ 10,170 IN FISCAL YEAR 2003. PROPOSED FUNDING: PARKS DIVISION FY 2003 BUDGET ACCOUNT NO. 001-1207-531.31-00. SAID CONTRACT IS FOR ONE (1) YEAR '¢,rlTH OPTIONAL RENEWAL FOR UP TO TWO (2) ADDITIONAL YEARS~ ARTHUR: THAT the City Council oftbe City of Port Arthur hereby authorizes the mowing contract with Perfect Cut Lawn Care, based on a mowing fi:equency that if necessary, will he scheduled once every two (2) weeks from April to September, and once [1) per month in March, October. November. and December for a total ofeighteell cuts per year, to the lowest and best responsible bidder in accordance with Exhibit "A". THAT said Contract is all exacl duplicate ora City standard form contract, a copy of which is hereby attached as Exhibit "B', except for the changes described in the Certificate of Standard Form, a copy of which is attached hereto and made a parr hereof as Exhibit "C", and said changes are hereby approved; and, THAT funding is or will be made available in the Parks and Recreation Department FY 2003 Budget Account No. 001 - 1207-$31.31-00; and, P. R. #12053 Page 2/¢g THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of A.D., 2003, at a Regular Meeting of the City Council of the Cky of Port Arthur, Texas, by the following vote: Ayes: Noes: ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Mayor APPROVED FOR ADMINISTRATION: City Manager . D~s ana'~k~ecrea~ ~'/~ APPROVED AS TO AVAILABITY OF FUNDS: Rebecca Underhill Director of Finance EXHIBIT "a' P. R. #12053 EXH BIT "A" EXHIBIT "B" P.R. # 12053 GROLINDS MAINTENANCE CONTRACT AGREEMENT THIS AGREEMENT, made this day of , by and between a (n) individual, funn partnership or herein acting by and through hereinafter call "Contractor," and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City." WITNESSETH: That for and in consideration of the payments, terms, conditions and sooner terminated under the provision hereof. 2. The contractor will perform mowing, trimming, weeding, spraying, and removal of all litter and debris on City owned properties as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will famish at his own expense all of the materials, supplies, tools, equipment, labor, qualified supervision and other services neeessa~ for the satisfactory, completion of specifications and agr~ments contained herein for grass cutting and cleanup ar the property(s) described as: TFIE PARKS AND RECREATION DEPARTMENT. - 4. The Contractor agrees to perform all the work described in the specifications and contract documents comply with the terms therein for the sum of $ or as shown in the Bid schedule. agreements set forth herein, Owner and Contractor agree as follows: 1. The teau of this contract shall be from Thc term "Contraet Documents" means and includes the following: A. Agreemen~ B. Advertisement for BIDS C. General Information D. Specifications E. Bid F. Bidder's Information Sheet G. Notice to Proceed H. Addenda NO. NO. · Dated , , Dated , 6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Information such mounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, ex~uxors, administrators, successors and assigns. IN WITNESS WHEREOF. the parties her~o have executed, or caused to be executed by their duly authorized officials, th~s A~eement in ( ) copies each of which shall be deemed an original on the date first above written,,. Signed on the ATTEST dayof 2003. CITY OF PORT ARTHUR City Secretary By: City Manager Signed on the day of 2003. CONTRACTOR: (CORPORATE SEAL) ATTEST: NAME: BY: NAME: ADDRESS: GENERAL CONDITION S 1. Contract and Contract Documents The specifications and Addenda, hereinafter enumerated in the Agreement shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contrast Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. Definitions The following terms as used in this contract, are respectively defined as follows: a. "Contractor": A person, firm or corporation with whom the contract is made by the Owner or City. bo "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the Contractor. Co "Work on (at) the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the locations of the project by employees of the Contractor and any Subcontractor. d.. "Ox~mer": R~fe.s" '~" :,o '~u.~ Cky of Pox ~A_rthur. Texas. e. "CRy": Refers to the City of Port Arthur. Texas. Termination of Contract tbr Cause If, through an5' cause, the .Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract. or if the Contractor shall violate any of the covenants, agreements or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such terrrfination. 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 mount of damages due the City from the contractor is determined. o Personnel bo The Contractor represents that he has, or will secure at his own expe..,nse, al~ personnel requL~ed in perform~.g tt'*e work under this Contract. ~ch personnel shall not be employees of or have any contractual relationship with the City. All of the work required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified a/nd shall be authorized or permitted under state and local law to perform such services. None of the work covered by this Contract shall be sub-contracted without the prior ~xitten approval of the City. Any work or services subcontracted hereunder shall be specified by wri~en Contract or agreement and shall be subject to each provision of this Contract, Compliance with Laws The Contractor shall comply with all applieable laws, ordinances, rules, orders, regulations and codes of the federal, state ~,v~nd local governments relating to performance of work herein. Interest of Members of City No member of the governing body of the locality and no other public official of such locality, 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; and, the Contractor shall take appropriate steps to assure compliance. Interest of Other Local Public Officials No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the pro,am shall have any personal financial interest, direct or indirect, in this Contract; and. the Contract shall take appropriate steps to assure compliance. Incorporation of Provisions Required bv Law' Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each was included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Contractor sh~ll be amended to make such insertion on application by either part),. 10. 11. 12. Certificates and Pern'dts C~ntractor shall secure at his own expense all necessary certificates, licenses, approvals and permits fi.om municipal or other public authorities required in connection ~x4th :the work of this Contract or any part thereof, and shall give all notices required by law, crdinv, nce or reg'~9.'~tion. Contractor shall pay ail fees and charges incident to the due and lawful prosecution of the work performed by himl~ Materials, Services and Facilities Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, and all other services of every nature whatsoever necessa:y to the performance of this Contract. Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise e_xpressly 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 Contractor shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and specifications, and shall do. carD.' on and complete the entire work to the satisfaction of the Owner. The Comracror shall not comn-tence work under this Contract until he ha¢ obtained all the insurance required herein and such insurance has been approved by the Owner. nor shall the Contractor allow any Subcontractor to commence work on Ns Subcontract until the insurance required of the Subc~)ntracmr has been so obtained and approved. (See information to Bidders, para~aph 5). Suspension of Work Should the Owner be prevented or enjoined fi.om proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the Contractor shall no~ be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the Owner may determine v,411 compensate for th-ne Lost by such dela3 with such determination to be set forth in writing. 14. 15. 16. Notice -'~ ,Any notice to any Contractor ~om tb, e Owner relative to any part of, this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to the Said Contractor or his authorized representative on the ~vork. Subcontractor The Contractor may utilize the services of specialty Subcontractors on those parts of work which, under normal contracting practices, are performed by specialty Subcontractors. The Contractor shall not award any work to any Subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the Subcontractor which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. d4 The Contractor shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the Contractor b~- te_~':m.~ of the Genem~ Con~i:iop~* prod other Conzmc~or Documents insofar as appticab!e To the work of Subcontractors a_nd to give the Con. actor the same power as regards terminating any Subcontractor that the O',~mer may exercise over the Contractor render any provision of the Contract Documents. Nothing contained in this Contract shall create any contractual relation between any' Subcontractor and the Owner. Assignments The Contractor shall not assign the whole or any part of tiffs Contract or any monies due or to become due hereunder without written consent of the O,~mer. In case the Contractor assigns ail or any part of any monies due or to become due under this Contract, the instrument of assigranent shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shah be subject to prior 17. 18. 19. claims of all persons, finns and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. Mutual i3,esponsibility of Contractors " If, through acts of neglect on the part of the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indenmify and safe harmless the Owner against any such claim. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other's relating to or arising out of this work. Right to Withhold Payments to Contractor Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Contractor agrees he will indemnify and safe the Owner harmless bom all claims gxowing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men and fumishers of machinery and parts thereof, equipment, power tools and all supplies, including commissar3,', incurred in furtherance of the performance of this Contract. The Contractor, shall, at the O~er's request, fthmish satisfactow evidence tha! a!ll oblig-afions of the nature hereinabove designated have been paid. dischargee or waived. L+' the Contractor faiis to do so, then the Ow,'ner, may, after having served written notice on the said Contractor, either pay' unpaid bills of which the Owner has written nonce, direct or withhold from the Contractor's unpaid co ~mpensation a sum of money deemed reasonably sufficient to pay any and all such lawfizt claims until satisfactory evidence is furrdshed that all liabilities have been discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to enter the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as payment made ~:rder Ccntract by the Owner to the Contractor ,-md the Owner shall not be liable to the Contractor for any such pa,vmenrs made in good faith. This provision shall not be construed to give rise to any third-party beneficim'y rights in claimants. 20. 21. 22. 23. Ineligible Subcontractors The Contractor shall not subcontract any part of the work covered by, this Contract or permit subcontracted work to be further subcontracted vdthout the Owner's prior written approval of the Subcontractor. Civil Pd~hts Act of 1964 Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, national origin, sex, age or handicap, be excluded fi:om participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The Contractor will cra'fy om its work under t?~is Contract in a Maturer which will p~rmk frill compliance by the Cky with the Statute and the regulations adopted thereafter. Indemnification The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and its respective officers, agems, and employees, fi.om and against all damages, claims, losses, demands, suits, judgements, and costs, including reasonable attorneys' fees and expenses, arising out of or resulting fi:om the performance of the work, provided that any such danmges, claim, loss, demand, suk, judgments, cost of expense: bo Is attributable to bodily injury, sickness, disease, or death or injury Io or destruction of tangible property (other than the work itself) including the loss of use resuking therefrom; and Is caused in whole or in part by any negligent act or mission of the Contractor. or Subcontractor. anyone directly or indirectly employed by any one of them or anyone for v-nose acts an),' of them may be Haole. regardless o f whe-daer or no.'. k is caused in parr by a party' indemnified hereunder. Antkrust Contract hereby assigns to Owner any and ali claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1, et seg. CITY OF PORT ARTHUR, TEXAS TECHNICAL SPECIFICATIONS FOR GRASS MOWINGOF . .VARIOUS CITY PROPERTIES, PARKSAND RIGHT-OF -WAYS~ ,IN THE CITY SCOP~ 1.1 These specifications concern the mowing of grass, weeds and uncultured plants on ~arious Cky properties, parks, and right-of-ways in the City, for Park, "B" - South Griff'mg Park, and "H" Stilwell, Woodworth, DeQueen, Dryden, Kramer/Schuh. The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel, and served, to perform and complete all work in an efficient and workman-like manner as specified in the following. WORK ASSIGNMENT 1.1 The Contractor will be given a schedule as to what week each area will be cut. Failure to contact City's representative as laid out in these specifications may result in the termination of this contract. Assignment shall begin within 48 hours as to the agreed upon date and completed within 24 hours of start. Time extension may be granted due to inclement weather or other act of nature only when contractor request for such extension is submitted to the City's representative. The Schedule will have a start time and a cut-offtime, all invoices will be due the last week of mowing. Mov~qNG SPECIFICATIONS 3.1 Each area shall be clean cm to a height of 2 inches using ekher a flail or a reel mower of sufficient size, and as approved by Cky's representative, with due consideration given to proven past perfon~nance of the equipment on similar work to complete the task. 3.2 Are will be cleared of litter, debris prior to any mowing and all cuttings and clippings disposed of in a proper manner at the time maintenance is performed. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 Limits of mowing are defined as the property lines of park right-of-way 8- 10 feet offpavement. Comers at intersections will be moved a 45 degree to intersection for clear field of~4sion. 3.5 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. These areas are noted on bid schedule 3.6 Along some Right-of-Ways it should be noted that they are maintained by citizens in some areas': MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim along sidewalks, curbs, and abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radi~ -'~t?ee (3) feet. 4.2 Contractor shall collect and dispose of clippings. No clippings will be allowed in the street. 4.3 Frequency of trimming, shall be determined by City's representative but normal ~equency is approximately every two (2) weeks for these areas during growing season. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes, shall be maintained as requested by City's representative. (Approximately 2 times a year). 5.2 Contractor will be responsible for collecting and disposal of cuttings. PROJECT AREAS PM = Park Maintenance 6.1 PM - Group "'2" South Griffing Park A. Hem Park B. Rosedale at Date Si£e C. Glenwood at Date Site D. Evergreen at Forest Sit E. Evergreen at Glenwood Site Ave. at Ever~een Site Las Paknas Blvd. Esplanade Grilling Dr. to Southend of Boulevard H. Oaklawn ROW to Dryden Rd. 6.2 PM - Group "~ a' - Stilwell, Woodworth, DeQueen, Dryden, Kramer/Schuh A. Stillwell - Lakeshore Drive to 19th Street B. Woodworth - Lakeshore to Gulfway C. DeQueen - Lakeshore to 19th Street D. Lakeshore - 4100 block to Stadium E. Dryden - Procter to Seawall F. Kramer/Schuh - Procter to Seawall PAYMENT 7.1 The Contractor wilt submit two (2) copies of an invoice in the mount as stipulated on Bid Schedule to the Parks and Recreation Department within 24 hours of completion each area of work (A-F). Payment for completed work will be made only afxer verification by a City Representative that work was performed satisfactorily and within the time constraints allowed. CITY OF PORT ARTHUR, TEXAS ADDENDUM NO. ONE (1) DATE: FEBRUARY 7, 2003 BID PROPOSAL FORi MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN GROUPS II, AND VIII IN THE CITY OF PORT ARTHUR The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the Contract Documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the Contract Documents. Provisions of this addendum shall take precedence over requirements of the original Contract Documents and ali BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS iN THE SUBMISSION OF THEIR BID. The term of the contract will be one year with the option to renew up to two additional one-year periods. Clifr~r~ Willi~ns- Senior Purchasing Assistant P. R. # 12053 EXHIBIT "C" CE;tTIFIC,4TE ~F ~TAflDAFIO fOl'l~ I.::ON"I'F~T FOFI LAV,, DEPARTMEN~' REVIEtY AI~D Cl'IY CO~JIYCILAG .ENDA ALTEfIATION$o MODIFICATIONS, REP)..AC£MENT$., ETC..