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HomeMy WebLinkAboutPR 15130: SEYMOUR ENTERPRISES - MOWING CONTRACTCr~~Yo~ ~0~2-'A~21fv~, Parks and Recreation MEMORANDUM TO: Stephen Fitzgibbons, City Manager FROM: Dr. Albert T. Thigpen, Interim Director of Parks & Recreation DATE: February 25, 2009 RE: P.R. # 15130 -Award of A Mowing Contract (2009) for the Mowing of Groups " 2", " 3A", " 3B", "5", "9", and "10" RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 15130, authorizing the City Manager of the City of Port Arthur to execute a contract with Seymour Enterprises as shown on the attached bid tabulation for the mowing of Groups "2", "3A", "36", "5", "9" and "10" in the City of Port Arthur in an amount not to exceed $89,340.00. BACKGROUND: The Parks and Recreation Department is responsible for the mowing of various City parks and right-of-ways year round in the City of Port Arthur. The City Council and the City Manager have made the appropriate maintenance of City Parks and right-of-ways a priority. In keeping with this mandate the Parks & Recreation Department has strengthened contract specification enforcement for mowing vendors; renewals are only offered to vendors who have satisfactory evaluations as determined by Parks & Recreation staff. BUDGETARY/FISCAL EFFECT: The estimated cost of this contract is $ 89,340.00. Funding is available in the FY 2009 budget, Account No. 001-1207-531.31-00. EMPLOYEEISTAFF EFFECT: Acceptance of this recommendation will not affect the staffing levels at this time. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 15130, authorizing the City Manager of the City of Port Arthur to execute a contract with Seymour Enterprises as shown on the attached bid tabulation for the mowing of Groups "2", "3A", "36", "5", "9", and "10" in the City of Port Arthur in an amount not to exceed $89,340.00. Mowing Schedule attached P. R.#15130 02/25/2009/ca RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE EXECUTION OF A MOWING CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND SEYMOUR ENTERPRISES FOR GROUPS L°2", G°3A", °°3B", °`5", °°9", AND ~~10" IN AN AMOUNT NOT TO EXCEED $89,340; SAID ANNUAL CONTRACT IS FOR MOWING VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY; ESTIMATED ANNUAL COST $89,340 PROPOSED FUNDING: PARKS DIVISION, FY 2009 BUDGET ACCOUNT NO.001-1207-531.31-00. WHEREAS, on February 18, 2009 bids were received from seven companies for mowing services; and, WHEREAS, the bids have been evaluated by the City staff and the Purchasing Manager; and, WHEREAS, the bid tabulation is attached hereto and made a part hereof as Exhibit "A"; and, WHEREAS, Seymour Enterprises was the lowest and most responsible bidder for Groups 2, 3A, 3B, 5, 9, & 10; and, WHEREAS, it is deemed in the best interest of the citizens of Port Arthur to award the contract for Groups 2, 3A, 3B, 5, 9, & 10 to Seymour Enterprises. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: t P. R.#15130 02/25/2009/ca Section 1. That the facts and opinions of the preamble aze true and correct. Section 2. That the City Council of the City of Port Arthur hereby awards a mowing contract, based on a mowing frequency as follows: Zero/None in January or February; and two (2) per month in March, April, May, June, July, August. September, and October: one (I) cut, in November and December for a total of eighteen (18) cuts, to Seymour Enterprises for Groups 2, 3A, 3B, 5, 9, & 10 in the amount not to exceed $89,340. Section 3. That the City Manager of the City of Port Arthur is hereby authorized to execute on behalf of the City, a contract between the City of Port Arthur and Seymour Enterprises for an amount not to exceed $$89,340 for mowing for the Parks Division on various City property, parks and right-of--ways in the City of Port Arthur, Texas, copies of said contract are attached hereto as Exhibit "B". Section 4. That said Contract is an exact duplicate of a City standard form contract, a copy of which is hereby incorporated by reference, except for the changes described in the Certificate of Standard Form, a copy of which is attached hereto and made a part hereof as Exhibit "C", and said changes are hereby approved. Section 5. That funding is or will be made available in the Parks & Recreation Division FY 2009 Budget Account No. 001-1207-531.31-00. Section 6. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. 2 P. R.#15130 02/25/2009/ca READ, ADOPTED AND APPROVED THIS day of A.D., 2009, at a Meeting of the City Council of the City of Port Arthur. Texas, by the following vote: Ayes: Mayor ATTEST: Acting City Secretary APPROVED AS TO FORM: City Attorney ~lL~ %2.L.ti u-e~ C7~ APPROVED FOR ADMINISTRATION: City Manager 3 Director of Parks and Recreation APPROVED AS TO AVAILABITY OF FUNDS: ~~~ Director of Finance Purchasing Manager EXHIBIT "A" CITY Or PO12T ARTHUR TCXAS Bid Tabulation MOWING OI' VARIOUS CITY P12OPC12TIES, PARKS ANll 121GIiTS-OF-WAY IN CI2OUPS 1, 2, 3, ~, 6, 9,10, 11, AND 12 IN THE CITY OF PORT A12THUK Bid Opening llatc: February 18, 2009 Names of Bidders Item # UOM llescription Seymour Cater rises Grasshopper Lawn Service Tomahawk Lawn Service Trey's Tractur Service Scott Lawn Care Southeast Texas Lawn Maintenance Total Lawn Care 1 Cuts Grou 1 $ 575 No Bid $ 575 $ 650 No Bid Bid Dis ualif"ied Bid Dis ualified 2 Cuts Grou 2 ' $ 395 $ 800 $ 520 No Bid No Bid 3 Cuts Grou 3A' $ 1,595 No Bid $ 2,550 No Bid $ 3,250 4 Cuts Grou ~ 3B ~ $ 1,495 No Bid $ 2,550 No Bid $ 3,250 5 Cuts Grou 5' $ 575 $ 1.835 $ 675 No Bid $ ],000 6 Cuts Grou 6' No Bid No Bid $ 1,075 $ 975 No Bid 7 Cuts Grou ~ 9 ~ $ 485 $ 2,275 $ 525 $ 525 $ 1,200 8 Cuts Grou ~ 10 ~ $ 385 $ 850 $ 750 $ 475 $ 800 9 Cuts Grou 11 ~ No Bid $ 625 No Bid $ 310 No Bid ]0 Cuts Grou 12' No Bid No Bid No Bid $ 735 No Bid Location Nederland, TX Port Arthw~, TX Groves, 1'X Port Arthur, TX Beaumont, TX Beaumont, TX Port Arthur, TX /; ~ /~~ Date Page I of I Shawna Tubbs, Purchasing Manager DESCRIPTION: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY TN GROUPS 1,2,3,S,G,9,10,11, AND 12 IN THE CITY OF PORT ARTHUR BIll OPENING DATE: FEBRUARY 18, 2009 NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER SCOTT LAWN CA1ZE SOUTHEAST 'T'EXAS LAWN MAINTENANCE TOTAL LAWN CARE ITEM UOM ITEM UNIT COST UNIT COST UNIT COST UNIT COST 1 CUTS MOWING GROUP 1 NO BID BID DIS UALIFIED BID DISQUALIFIED 2 CUTS MOWING GROUP 2 NO BID BID DISQUALIFIED BID DISQUALIFIED 3 CUTS MOWING GROUP 3A $ 3,250 BID DIS UALIFIED BID DISQUALIFIED 4 CUTS MOWING GROUP 3B $ 3,250 BID DISQUALIFIED BID DISQUALIFIED 5 CUTS MOWING GROUP 5 $ 1,000 BID DIS UALIFIED BID DIS UALIFIED 6 CUTS MOWING GROUP 6 NO BID BID ll1SQUALTFIED BID DISQUALIFIED 7 CUTS MOWING GROUP 9 $ 1,200 BID DIS UALIFIED B1D DISQUALIFIED 8 CUTS MOWING GROUP 10 $ 800 BID DIS UALIFIED BID DIS UALIFIED 9 CUPS MOWING GROUP 11 NO BID BID DISQilALIF1ED BID DISQUALIFIED 10 CUTS MOWING GROUP 12 NO BID BID DISQUALIFIED BID DIS UALIFIED 1' ACE OF USINESS BEAUMONT, TX BEAUMONT ,TX POR'T' ARTHUR, TX l ~ _C.C./L..%GI/./Iii... ._ `_ lr~ ~:/Y }'age 2 oF2 City of Port Arthur Parks and Recreation Mowing Groups ~zowrnc AIZEAs GROUP I-North Grifftrrg Park A. Torn Hall Park B. Holt}wood of 3?°`+Sn•eet C. Stmken Court Boulevard Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade, Gri_ffrng to l yrrell E Tivirr Cit}' Highiray at 32"d Street F Lombardy Rtght - of - Gi c}s J~t-om 32"`r Street to 9°i rh~enue (West Right - of- 6Y crys) only GROL/P I!-South GriJfrngPark .A. Hermann Park B. Rosedale at Date Street C. Glenwood at Dare Street D. Evergreen at Forest Dril~e E. L•'vergr-een at Glemvood F. 9'r` Avenue at Evergreen G. Las Palntas Boulevard Esplanade from Gri fng Drive to south end of blvd. K Daklainn Right - of - Ways to Dn-den Road GROIIP III(A)-9"' Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 1) A. 9`h Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridles) B. Immigrant Park-cut to drainage canal to feeder road on Hwy T side and back of TAMS Building C. Blackberry to Lake Arthur 9`h Avenue- center esplanades at bosh sides {Shoulders at 45 angle corners) D. 9"' Avenue Regional -cut esplanade in center at north side shoulder (4~ all corners) GROUP III(B)-9`h Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 2) A. Jimmy Johnson center esplanades Hs~y 69 to Hv<y 347 both sides -South and North sides shoulders B. Babe Zaharius Park (Basketball and Tennis Cotu-ts) - 3500 Jinuny Johnson (cut to ditch line) C. Turtle Creek Drive (Right - of-Ways and esplanade) H~;ry 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Right - of-Ways and esplanade) Hwry 69 to Hwy 365 (North Mall Right - of -Ways South Mall Right - of- \\'ays) GROliP IV -South Gulfivay -Buford to South 15th Avenue A. South Gulfivay from $uford to South ljrh Avenue B. Pearl -South 15rh Avenue to South 6"' Avenue C. Buford -South 15'h Avenue to South Gulfwav ll. Tremont-South 15'h to East E. Broadway -South Gulfivay to ls` Avenue F. South 1" Avenue -Tremont to Sabine Pass Port Autharih• G. Greenwich - South 14`h Avenue to South 2"a Avenue H. Granger -South 9"' Avcnue to South I1`h Avenue to 2"a Avenue I. South 1~` Avenue - DoFVling to Texas Bayou Bridge (both sides) J. South 3`a Avenue -Broadway to Granger K. South 2"a Avenue -Greenwich to Granger L. South 5`h Avenue -Tremont to Broadway M. South 6"' Avenue -Pearl to Greemvich to South ls` Avenue N. South 7rh Avenue-Pearl to Greenwich O. South 9`h Avcnue -Buford to South Gulfivay P. South 11`h Avenue- Buford to Mechanic Q. South 8"' Avenue -Dowling to Quinn R. Quinn -South 1~` Avenue to South 8`h Avenue S. South 12`h Avenue -South Gulfivay to Greenwich "f. South 13rh Avenue -South Gulfivay to Greenwich U. South I4`h Avenue -South Gulfivay to North Street DEAD END V. South IS`h Avenue -South Galfivav to Buford R' 2"a Avenue from South Street DEAD END to Quinn; 3~a Avenue from Welch to South Street DEAD END; 4th Avenue from Quinn to North Street DEAD END; ST" Avenue from Welch to Quinn; 6`h Avenue from Quinn to South Street DEAD END and 8rh Avenue X. Bacl: Ridge Road -Highway 87 to County Sign I'. Welch -South 8`h Avenue to South 2"a Avenue Z. South 7rh Avenue -Quinn to North iVlechanic DEAD END and South lsr Avenue to South 11`h Avenue GROUP y A. Br~~azr Park - 1 D00 Gzrljx~ay Drive, including inside train urea B. Roosevelt Park - 1900 Gu fN~ay Drive, including along ditch urea C. Haghen Park- 2704 Lakeshore Drive D. Crvic Park- 220 Lakeshore Dave E. Fla[s orz Lrrkeshoz-e Drive GROUP VI -Port Aeres/E! [ rsta Areas ,4. Eagle Park B. E! I~3sta Park C. Lakeside Park D. Afontrose Park F.. Rqy Park at Shirley and Ruv GROUP VII -Thomas Boulevard A. Thomas Boulevard from MLK to 9`h Avenue, including both sides to Lincoln Avenue B. Barbaza Jacket Park, including flats around park C. Triangle a Les32s Drive and 9`h Avenue D. "Triangles on Bluebonnet Boulevard (includes blocks 1600. 1800, 230Q 2400, and rivo (2) triangles J~ 2800 block) GROUP VIII - Sfihvell Boulevard, R`oodw•orth Boulevard, DeQueen Boulevard, Dry-den Road, Kramer/Schuh Place A. Stilwell Boulevard -Lakeshore Drive to 19`h Street B. \i'oodworth Boulevard -Lakeshore Drive to Gulfivav Drive C. DeQueen Boulevard -Lakeshore Drive to 19`" Street D. Lakeshore Drive - 4100 Block to Stadium Road E. Drr~den Road -Procter Street to the Seawall F. Kramer/Schuh Place - Procter Street to the Seawall G. Dixie Triangle -corner of Dixie Drive and Lakeshore Dris•e H. Bledsoe Place GROUP IX A. London Bridge Park - 3100 Touraine Avenue B. Northside underpass @. Highways 73 & 347 G Cecil Reynolds Pazk - 3900 36`x' Street and 4008 39`h Street GROUP X A. Medical Cenier Blvd from ~~'est Jimmy Johnson to Highway 365 B. Rtest Jimmy Johnson to dead end GROUP XI -Lakeside Addition-Right -of- Rays Cambridge Robinhood Salisbun• Prospect W averly Right - of- Ways as designated -beginning at dead end of streets. VOTF,: (A) Right - of -Ways to be cut on the 15`h of each month. (B) Right - of- Rtays to be bush-hogged or equivalent. (C) Right - of- Ways do not require trimming (D) Mowing to begin March 2009 and end December 2009. GROti P N.II -Port Acres Addition -Right - of -Ways 62"`Street 63rd Street Easy and 62nd Street Diamond and 62"d Street Diamond and Russell Hazel and Russell 59'h Street and Jade Silver and 63`d Street HH~} 73 and Jade (off H.O. Mills) 64'h Street (2 right-ot--ways at this location) 65'h Street Dorsey 66'h Street Right - of -Ways as desisnated -beginning at dead end of streets. NOTE: (A) Right - of- ~tiays to be cut on the 15d' of each month. (B) Right - of- Ways to be bush-ho~~ed or equivalent. (C) Right - of -Ways do not require trimming (D} Mowing to begin March 2009 and end December 2009. EXHIBIT "B" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUPS " 2", " 3A", " 3B", 5, "9", AND "10 IN THE CITY OF PORT ARTHUR THIS AGREEMENT; made this day of 10`h March , 2009, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Jeremy Seymour doing business as SEYMOUR ENTERPRISES hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein ; 0 WNER and CONTRACTOR agree as follows: The term of this Contract shall be from March 10, 2009 to March 10, 2010 with an option for the City to renew for one additional year. 2. The Contractor will perform mowing of properties and Rights-of--Way in Group Two for $395, Group 3A for $1,595, Group 3B for $1,495, Group 5 for $575, Group 9 for $485, and Group 10 for $385 as stated in the Contract Documents. 3. During the term of this Contract, the Contractor 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 and to comply with the terms therein as follows Group Two for $395 per cut, Group 3A for $1,595 per cut, Group 3B for $1,495 per cut ,Group 5 for $575 per cut ,Group 9 for $485 per cut, and Group 10 for $385 per cut. The total costs for 18 cuts for each group will not exceed $89,340. 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 mow the lots within seven days unless the period for completion is extended otherwise by the contract Documents. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Advertisement for Bids 3) Addenda 4) General Information 5) Specification 6) Bid 7) Notice of Award 8) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials. this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of March 2009. CITY OF PORT ARTHUR Stephen Fitzgibbons. City Manager Signed on the day of March 2009. CONTRACTOR JEREMY SEYMOUR SEYMOUR ENTERPRISES 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 famishing: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUPS 1, 2, 3, 5, 6, 9, 10, 11 and 12 IN THE CITY OF PORT ARTHUR 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. February 18, 2009. 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 afrer submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guazanteeing authenticity. The City reserves the right to: 1. Reject any and all bids, and to make no award if it deems such action to be in its best interest. 2. Award bids on one area or multiple areas, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities, or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. The City has the right to verify the resources of a company in its ability to complete a project. The City may request a list of employees and equipment within that company assigned to the project. Proof of capacity is the responsibility of the contractor; failure to do so will be grounds for termination of the contract. 5. Award 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. Bidders will have to provide documentation as to the status of the entity (dba, corporation, partnership, etc) and provide documentation as to its principal place of business. The award if made, shall be made to the responsible vendor(s) whose bid is determined to be the lowest offer; taking into consideration the relative importance of price, conformance to specifications and capability and experience of the contractor. 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 offer or accept gifts or anything of value, nor enter into any business an•angement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Be otherwise qualified and eligible to receive an 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 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 aze known to have received a copy of the ITB. Offeror's 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. 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.: Parks & Recreation, 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 construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas. Venue shall be in Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any persona] financial interest, direct or indirect, in this Contract as provided by Chapter 573 Government Code; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of 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 City and the successful bidder: 1. Agreement 2. Advertisement for Bids 3. Addenda 4. General Information 5. Specifications 6. Bid 7. Notice of Awazd 8. Notice to Proceed QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities aze approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. All bids will remain in effect for one yeaz No person has the authority to verbally alter these specifications. Any interpretafions, 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 to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either P~3'~ CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed 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 may be 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. Questions concerning this ITB or additional information should be directed to Thad Sanders at (409) 983-8152. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (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 time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. EXPERIENCE & CAPABILITY: Bidder shall include the 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. 5. Be otherwise qualified and eligible to receive an awazd. 6. Other major companies or areas that it has contracted to mow. 7. If a company wants to cut more than two (2) azeas 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 azeas that you bid based on the expected volume of cutting in these azeas. 9. If you plan to expand your employees and your equipment to handle the areas to be bid, please provide information indicating your capabilities to maintain those azeas. RELEASES AND RECEIPTS: The City of Port Arthur, before making payments, may require the Contractor to fiunish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. 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 1. Commercial General Liability occurrence type insurance (City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $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 are provided, minimum limits aze $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 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 (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 afrer execution of this Contract.. 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. CITY OF PORT ARTHUR, TEXAS SCOPE TECHNICAL SPECIFICATIONS FOR GRASS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY 1.1 These specifications concern the mowing of grass, weeds and uncultured plants on various City properties, pazks, and rights-of--way in the City, for mowing of property groups as noted in bid specifications. The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel, and service, to perform and complete all work in an efficient and workman-like manner as specified in the following. 2. WORK ASSIGNMENT 2.1 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 trme 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 and acut-off time, all invoices will be due the last week of mowing. MOWING SPECIFICATIONS 3.1 Each area shall be clean cut to a height of 2 inches using either a flail or a reel mower of sufficient size, and as approved by City's representative, with due consideration given to proven past performance of the equipment on similar work to complete the task. 3.2 The area will be cleared of litter and debris prior to any mowing and all cuttings and clippings disposed of in a proper manner at the time maintenance is performed. 33 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 Limits of mowing aze defined as the property lines of pazk rights-of--way 8-10 feet off pavement. Corners at intersections will be mowed at a 45 degree angle to the intersection for a cleaz field of vision. 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. See page 18. 3.6 Along some Rights~f--Way it should be noted that they aze maintained by citizens in some areas. 4. 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 radius of three (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 frequency is approximately every two (2) weeks for these areas during growing season. 5. 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 yeaz). 5.2 Contractor will be responsible for collecting and disposing of cuttings. 6. PAYMENT 6.1 The Contractor will submit two (2) copies of an invoice in the amount as stipulated on Bid Schedule to the Parks and Recreation Department upon completion of work. Payment for completed work will be made only after verification by a City Representative that work was performed satisfactorily and within the time constraints allowed. 7. PROJECT AREAS PM= Pazk Maintenance See following page(s) GROUP 1 -North Griffing Park A. Town Hall Pazk B. Hollywood at 32nd Street C. Sunken Court Boulevazd Esplanade-Twin City to Lombardy D. Evergreen Boulevard Esplanade. Grilling to Tyrell E. Twin City Highway at 32"d Street F. Lombardy Rights~f--Way from 32"d Street to 9~' Avenue (West Rights-of- Way) only GROUP 2 -South Griffing Park A. Hermann Park B. Rosedale at Date Street C. Glenwood at Date Street D. Evergreen at Forest Drive E. Evergreen at Glenwood F. 9th Avenue at Evergreen G. Las Palmas Boulevard Esplanade from Griffing Drive to south end of blvd. H. Oaklawn Rights~f--Way to Dryden Road GROUP 3 (A) - 9'h Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 1) A. 9`~ Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridges) B. Immigrant Park-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building C. Blackberry to Lake Arthur 9`h Avenue- center esplanades at both sides (Shoulders at 45 angle corners) D. 9~' Avenue Regional -cut esplanade in center at north side shoulder (45 all comers) GROUP 3 B) - 9`h Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 2) A. Jimmy Johnson center esplanades Hwy 69 to Hwy 347 both sides -South and North sides shoulders B. Babe Zaharius Park (Basketball and Tennis Courts) - 3500 Jimmy Johnson (cut to ditch line) C. Turtle Creek Drive (Rights-of--Way and esplanade) Hwy 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Rights-of--Way and esplanade) Hwy 69 to Hwy 365 (North Mall Right - of -Ways South Mall Rights-of--Way) GROUPS A. Bryan Park - 1000 Gulfway Drive, including inside train area B. Roosevelt Park - 1900 Gulfway Drive, including along ditch area C. Hughen Park - 2700 Lakeshore Drive D. Civic Park - 220 Lakeshore Drive E. Flats on Lakeshore Drive GROUP 6 -Port Acres/ El Vista Areas A. Eagle Park B. EI Vista Park C. Lakeside Park D. Montrose Park E. Ray Park at Shirley and Ray GROUP 9 A. London Bridge Park - 3100 Touraine Avenue B. Northside underpass @ Highways 73 & 347 C. Cecil Reynolds Park - 3900 36`h Street and 4008 39`h Street GROUP 10 A. Medical Center Blvd from West Jimmy Johnson to Highway 365 B. West Jimmy Johnson to dead end GROUP 11 -Lakeside Addition-Rights~f--Way A. Cambridge B. Robinhood C. Salisbury D. Prospect E. Waverly GROUP 12 -Port Acres Addition -Rights-of--Way A. 62"d Street B. 63`d Street C. Easy and 62"d Street D. Diamond and 62"d Street E. Diamond and Russell F. Hazel and Russell G. 59`h Street and Jade H. Silver and 63`d Street L Hwy 73 and Jade (off H.O. Mills) J. 64`h Street (2 right-of--ways at this location) K. 65~' Street L. Dorsey M. 66`h Street Rights~f--Way as designated -beginning at dead end of streets. NOTE: (A) Rights-of--Way to be cut on the ISth of each month. (B) Rights~f--Way to be bush-hogged or equivalent. (C) Rights-of--Way do not require trimming (D) Mowing to begin March 2009 and end December 2009. City of Port Arthur "2009" Contractor Mowing Schedule Month # of Cuts Week(s) beginning: January 2009 NO CUTS February 2009 NO CUTS March 2009 Two March 8` 'March 22" April 2009 Two April 12` ,April 26 May 2009 Two May 10 ,May 24` June 2009 Two June 14 ,June 28` July 2009 Two July 12` ,July 26` August 2009 Two August 9` ,August 23` September 2009 Two September 13` ,September 27 October 2009 Two October I 1 ,October 25` November 2009 One November 15 December 2009 One December 13` *NOTES: 1. The Parks and Recreation Department office must be notified immediately following, or within the week of, cutting for payment processing. 2. In weeks in which inclement weather or other conditions preclude cutting, the Parks and Recreation Department is to be notified immediately. 3. Failure to adhere to 1 and 2 above can result in non-payment. Reviewed by: Thad Sanders, Recreation Coordinator Date Harriet Collins, Parks Maintenance Supervisor Date Approved by: Dr. Albert Thigpen, Interim Director, Parks & Recreation Date CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE PAGE 1 OF 2 FEBRUARY 18.2009 Bid Proposal for: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-YVAY IN GROUPS 1, 2, 3, 5, 6, 9, 10, 11 and 12 IN THE CITY OF PORT ARTHUR The undersigned .~l~c• ~ ~vmou' ~ Sej~,.,,;,r ~r.~ol~r.-'~5 ,whose principal place of business is 2 ~ / $' n] ~~~~•--~~ .submits herewith, in conformity with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF BID: ITEM # DESCRIPTION 1. MOWING AREA I 2. MOWING AREA 2 3. MOWING AREA 3A 4. MOWNG AREA 3B 5. MOWING AREA 5 PRICE PER CUT O'er S ~?S v~ ~ 3yS - S_ ~~~_ o~~ $ -,~ `~°~ S S7S~co (. MOWING AREA 6 7. MOWING AREA 9 8. MOWING AREA 10 9, MOWING AREA 11 10. MOWING AREA 12 S acs ~ yps ~ 3`3S ~ 5 Page l9 of 23 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE PAGE 2 OF 3 FEBRUARY 18. 2009 Receipt of addenda is acknowledged: No. 1 Dated No. 2 Dated ~z/mo~.' ~ ;z~ COMPANY NAb1E SI R IDDER Received Received a~,~ ~7~Wi~f~ STREET ADDRESS ia31 G{~.,~5 i ~ ~,c~9 P.O. BOX J zrdM S~ Mcu•~ ~1.,.~,1_._.~ ~/C 77~~7 (PRINT OR TYPE rLV1E) CITY STATE ZIP ~~~ TITLE S~yrn cur/n.nd~SccyDE 5 ~ yc.(-w • c o.K EMAI~ L -_T_ ~ ~yos) s~fo-~ae~ AREA CODE TELEPHONE NO. Page 20 of 23 BID OPENING DATE: FEBRUARY IS, 2009 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to famish their complete RED'[IT TO ADDRESS and TAX IDENTIFICATION NUDIBER as indicated below: REMIT PAYD'IENT TO: COMPANY S ADDRESS y~D ~,c /d3! ~/' S l F '776/`1 CITY/STATE/ZIP C~cou~S (k 776 t$ SEND PURCHASE ORDER TO: COI`'1PAN~' >~a~~ ~~ `~~o^'s~S n p~J ADDRESS PD ISa,~ /a3! CITY/STATE/ZIP (~ro,,hs t 77 TAX IDENTIFICATION NUMBER 7 ~ ' d'1 ~/ ? s©`f Page 21 of 23 PLEASE NOTARIZE AND RETLRN THIS AFFIDAVIT AS PART OF THE BID PROPOS_AI. AFFIDAVIT All pages in the offeror's bid proposal containing statements, letters, etc. shall be signed by a duly authorized officer of the company, whose signature is binding on the bid proposal. The undersigned offers and agrees to one of the following: 5 I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agrees to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. My proposed agreement to pay the debt is as delineated in the attached proposed payout. NAME OF O//F~~FEROR: Jews r ^'«"r TITLE L/w t ~~ Mb r ~ `1 Cf~SG$ ADDRESS ~D r'x~c /~i3t ~tmue-S CITY/STATE/ZIP ~/'o 'e (X ~7 6 t 5 TELEPHONE NUMBER a ~/oq S-Y~ - /a og SIGNATURE STATE COU1~'TY SUBSCRIBED AND SWORi~i to before me by the above named 'jPkC.VV~~I ~,p ~ (f~{` on this the f ~ t~- .~ -. I day of ~e 11~ ~.t I , 20 1~~ (~- " (,j,l'~/`'V 'Y1~u l~.t; ~,,,w, Notary Public =g'~^~~ MICHELLELANDRY y` MY COMMISSION EXPIRES " • ~, `~ Septertmer 19, 2010 Page 22 of 23 EXHIBIT "C" r fChy or pal Prlhurj (4N DepmUrwid) (AogoFOd Felnp ONaa} pgryovl plS;J00~ mz Rovued 01rc/:o} • 1 r> CCr17lFjCATE OFC7gHOARO FORM COrY77{AbTFOq tAk' ~ r DEPARTM£NYAEVlIiWAHDCl7YCDI1ftCt4AGENDA d corlity Vwi Iha cm;raq (haainancr Ca71ptl YOid OChU9vi} U910tl 10 ql~ AlfagtOd propavd CUy Cvvnci Rccaja0an ,' Nd. ban axacl dupllcmr of ~n app£aOk gandard farm wnhad lUic UUa of Hitch & sltewq halaty pravawy opplavcd by Uw Lew dopottmonl 99d ~doptad a a ilandard form by CUy Coune4 fl0309A0n, oxcep[ Zvi dtc 61a9c: 0re1 (woe bean bVrd n vrtFh qi naarso,Y htomiaWn and cxeapt lar 9Ze ahartryom dacrdrCd btla+r. hlc UVa of Urc gnpFcabk :tvndmd lam canlrtci u I 1 Ftdcrally Furulad Cmt•4UClian CcnLac>, Rcvecd 1Y/90. 7ja9, 0104 , (1 NM•Fadara'ly Fundad Cen:4uvYwn ConLan, RavLad iJ5/90, 7J06,'Of>r0 t l Ftdord • Proioajolral Srrviccs . 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