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HomeMy WebLinkAboutPR 15129: TOMAHAWK LAWN SERVICE - MOWING CONTRACTCr~~o~ ~o~7A~2~fv~, 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. # 15129 -Award of A Mowing Contract (2009) for the Mowing of Group "1" COMMENTS RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 15129, authorizing the City Manager of the City of Port Arthur to execute a contract with Tomahawk Lawn Service. The attached bid tabulation shows that Seymour Enterprises and Tomahawk tied at a unit cost of $575 for the mowing of Group "1". Seymour has written a letter indicating that it does not wish to accept this award due to the large capacity of projects that it has been awarded already. Therefore, it is in the best interest of the City of Port Arthur to award the bid to the tying bidder to Tomahawk Lawn Service. The total amount for eighteen (18) cuts is $10,350.00. 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 $10,350.00. Funding is available in the FY 2009 budget, Account No. 001-1207-531.31-00. EMPLOYEE/STAFF 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. 15129, authorizing the City Manager of the City of Port Arthur to execute a contract with Tomahawk Lawn Service as shown on the attached bid tabulation for the mowing of Group "1" in the City of Port Arthur in the amount not to exceed $10,350.00. P. R. # 15129 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 TOMAHAWK LAWN SERVICE FOR GROUP "1" IN AN AMOUNT NOT TO EXCEED $ 10,350.00; SAID ANNUAL CONTRACT IS FOR MOWING VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY; ESTIMATED ANNUAL COST $10,350.00 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 and Tomahawk Lawn Service tied as the lowest at a unit cost of $575.00 per month and most responsible bidders; and. WHEREAS, Seymour Enterprises has informed the City, that it does not wish to accept an awazd for Group "1" as he has indicated that it cannot handle the job if awarded as delineated in its correspondence attached in Exhibit "B"; and WHEREAS, it is deemed in the best interest of the citizens of Port Arthur to award the contract to the tying bidder for Group "1" to Tomahawk Lawn Service; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: P. R. # 15129 02/25/2009/ca Section 1. That the facts and opinions of the preamble are 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 (1) cut, in November and December for a total of eighteen (18) cuts, to Tomahawk Lawn Service Contractor for Group "1" in the amount not to exceed $10,350.00. 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 Tomahawk Lawn Service for $ 10,350.00 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 being incorporated by reference as Exhibit "C" with a complete copy of it being available for review in the office of the City Secretary. 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 "D", and said changes are hereby approved. Section 5. That funding is or will be made available in the Pazks & 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. P. R. # 15129 02/25/2009/ca READ, ADOPTED AND APPROVED A.D., 2009, at a THIS of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes: day of Meeting Noes: Mayor ATTEST: Acting City Secretary A°P~P/ROVED AS TO FORM: city ~~ ~~// ~D APPROVED FOR ADMINISTRATION: City Manager Director of Parks and Recreation APPROVED AS TO AVAILABITY OF FUNDS: Director of Finance Purchasing Manager EXHIBIT "A" CITY OF PORT ARTIiUI2 TEXAS BID SHEET DESCRIPTION: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-Ok-WAY IN GROUPS 1,2,3,5,6,9,10,11, AND 12 IN THE CITY OF PORT ARTHUR BID OPENING DATE: FEBRUARY 18 2009 NAME OF BIDllER NAME OF BIDllER NAME OF BIDDER NAME OF BIDDER SLYMOUR ENTERPRISES GRASSHOPPER LAWN SERVICE TOMAHAWK LAWN SERVICE TREY'S TRACTOR SERVICE ITEM UOM ITEM UNIT COST UNIT COST UNIT COST UNIT COST 1 CUTS MOWING GROUP 1 $ 575 NO BID $ ;:575 .ti $ 650 2 CUTS MOWING GROUP 2 $ 395 $ 800 $ 520 NO BID 3 CUTS MOWING GROUP 3A $ 1,595 NO BID $ 2,550 NO BID 4 CUTS MOWING GROUP 3B $ 1,495 NO BID $ 2,550 NO BID 5 CUTS MOWING GROUP 5 $ 575 $ 1,835 $ 675 NO BID 6 CUTS MOWING GROUP 6 NO 13ID NO BID $ 1,075 $:x;::97.5'% 7 CUTS MOWING GROUP 9 $ 485 $ 2,275 $ 525 $ 525 8 CUTS MOWING GROUP 10 $ 385 $ 850 $ 750 $ 475 9 CUTS MOWING GROUP 1 ] NO BID $ 625 NO BID $ --3d0.:,y 0 CUTS MOWB~IG GROUP 12 PLACE OF BUSINESS NO BID NEf~ERLAND ,TX NO BID PORT ARTHUR ,TX NO BID GROVES, 1'X $:.;735.:, ' PORT ARTHUR, TX Page 1 of 2 DESCRIPTION: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGIITS-OF-WAY IN GROUPS 1,2,3,5,6,9,10,11, AND 12 IN THE CITY OF PORT ARTIIUR BID OPENING DATE: FEBRUARY 18. 2009 NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER SCOTT LAWN CARE SOUTHEAST TEXAS LAWN MAINTENANCE TOTAL LAWN CARE ITEM UOM ITEM UNIT COST UNIT COST UNIT COST UNIT COST 1 CUTS MOWING GROUP 1 NO BID BID DISQUALIFIED B1D DIS UALIFIED 2 CUTS MOWING GROUP 2 NO BID BID DISQUALIFIED BID DISQUALIFIED 3 CUTS MOWING GROUP 3A $ 3,250 BID DISQUALIFIED BID llIS UALIFIED 4 CUTS MOWING GROUP 3B $ 3,250 BID DISQUALIFIED BID DISQUALIFIED 5 CUTS MOWING GROUP 5 $ 1,000 BID DISQUALIFIED BID DISQUALIFIED G CUTS MOWING GROUP 6 NO BID BID DISQUALIFIED BID DIS UALIFIED 7 CUTS MOWING GROUP 9 $ 1,200 BID DISQUALIFIED BID DISQUALIFIED 8 CUTS MOWING GROUP 10 $ 800 BID DISQUALIFIED BID DISQUALIFIED 9 CUTS MOWING GROUP I 1 NO BID BID DISQUALIFIED BID DISQUALIFIED 10 _ CUTS MOWING GROUP 12 PLACE OF USINESS NO BID BEAUNIONT, TX BID DISQUALIFIED BEAUMON'I' ,TX BID DISQUALIFIED POR"I' ARTHUR, TX ~~~~~~,~ Page 2 of 2 City of Port Arthur Parks and Recreation Mowing Groups MOWING AREAS GROUP I-11'orth Grlffztrg Park A. Torn Hall Park B. Hollywood at 32nd Sb•eet C. &rnken Cotrrt Boulevard £splancde-Twin City to Lombardy D. Evergreen Boulevard Esplanade, Gri{fing to T}well £. Twin City Highway at 32"d Street F Lombardy Right - of - I1 ays from 3?"d Street to 9`t' Avenue {YVest Right - of - I1 ays) only CROUP II-Soutlr GrifjngPark .A. Hermann Park B. Rosedale at Date Street C. Glenwood at Date Street D. Evergreen at Forest Drive E. Evergreen at Glenwood F. 9"'Avenue at Ei ergreen G. Las Palmas Boulevard Esplanade from Gaffing Drive to south end of blvd. H Oaklawn Right - of- YI'ays to Dryden Road GROIiP III(A)-9~h Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section I) A. 9`h Ave esplanade in center front of library to Stilhvell Technical School-both sides (shoulders to drainage ditch brides) B. Immigrant Park-cut to drainage canal to feeder road on HNti~ 73 side and back of TAMS Building C. Blackberry to Lake Arihur 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 III{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 Pazk (Basketball and Tennis Cotu-ts) - 3500 Jimmy Johnson (cut to ditch line) C. Turtle Cnek Drive (Right - of- ~'~'ays and esplanade) Hs~ry 69 to 3700 Block of Turtle Creek Drive D. Central Mall Drive (Right - of-Ways and esplanade) Hwy. 69 to Hwy 365 (North Mall Right - of -Ways South Mall Right - of- Ways) GROliP IV -South Gulfivay -Buford to South 15th Avenue A. South Gulfivay from Buford to South 15`h Avenue B. Pearl -South 15Th Avenue to South 6`h Avenue C. Buford -South 1~`h Avenue to South Gulfivav ll. Tremont -South IS`h to East E. Broadway -South Gulfivay to 1~` Avenue • F. South 1" Avenue -Tremont to Sabine Pass Port Authorifv G. Greenwich -South 14`h Avenue to South 2"~ Avenue H. Granger-South 9`h Avenue to South I1`h Avenue to 2"d Avenue L South I~` Avenue-Dowling to Texas Bayou Bridge (both sides) J. South 3~a Avenue - Broadtivay to Granger K. South 2"a Avenue -Greenwich to Granger L. South S`h Avenue -Tremont to Broadway M. South 6~h Avenue -Pearl to Greenwich to South ls` Avenue N. South 7t° Avenue -Pearl to Greenwich O. South 9`h Avenue-Buford to South Gulfivay P. South 11`h Avenue -Buford to Mechanic Q. South 8`h Avenue-Dowling to Quinn R. Quinn -South 1~` Avenue to South 8`h Avenue 5. South 12`h Avenue -South Gulfivay to Greenwich T. South 13`h Avenue -South Gulfivay to Greenwich U. South 14`h Avenue -South Gnlficay to North Street DEAD END V. South IS`h Avenue -South Gulfivay to Buford W 2"a Avenue from South Street DEAD END to Quinn; 3rd Avenue from Welch to South Street DEAD END; 4`h Avenue from Quinn to North Street DEAD END; jTU Avenue from Welch to Quinn; 6`h Avenue from Quinn to South Street DEAD END and 8`h Avenue X. Back Ridge Road -Highway 87 to County Sign 1'. Welch -South 8`h Avenue to South 2"d Avenue Z. South 7`h Avenue -Quinn to North Mechanic DEAD E1VD and South lsr Avenue to South 11`h Avenue GROUP V .4. $rym~ Park- 1000 Gzf~•ay Drive, including inside traizt area B. Roosevelt Park - 1900 Gulfx~ay Drive, including along ditch urea C. Hzrghen Park - ? i 00 Lakeshore Drive D. Civic Park- 220 Lakeshore Drive E Flats on Lakeshore Drive GROUP VI -Port Aeres/BI I~ista Areas A_ Eagle Park B. El t%isfa Park C. Lakeside Park D. !lfontrose Park E. Rqy Park at Sl7irle}• and Rqi• GROUP \'II -Thomas Boulevard A. Thomas Boulevard from MLK to 9`h Avenue. including both sides to Lincoln Avenue B. Barbara Jacket Park, including flats azound park C. Triangle ~ Lewzs Drive and 9`h Avenue D. 'T'riangles on Bluebonnet Boulevard (includes b]ocks 1600. 1800, ?300, 2400. and two (2) triangles r'• 2800 block) GROUP VIII - Stihrell Boulevard, Woodworth Boulevard, DeQueen Boulevard, Dryden Road, Kramer/Schuh Place A. Stihvell Boulevard -Lakeshore Drive to 19'" Street B. Woodworth Boulevard -Lakeshore Drive to Gulfivav Drive C. DeQueen Boulevard -Lakeshore Drive to 19'h Street D. Lakeshore Drive - 4100 Block to Stadium Road E. Dryden Road -Procter Street to the Seawall F. Kramer/Schuh Place- Procter Street to the Seawall G. Dixie Triangle -corner of Disie Drive and Lakeshore Drive H. Bledsoe Place GROUP IX A. London Bridge Park - 3100 Touraine Avenue B. Northside underpass ~~ Highways 73 & 347 C. Cecil Reynolds Park - 3900 36`di Street and 4008 39`h Street GROUP X A. Medical Center Blvd from West Jimmy Johnson to Highway 365 B. West Jimmy Johnson to dead end GROUP XI -Lakeside .Addition-Right -of-Ways Cambridge Robinhood Salisbun• Prospect Waverly Right - of-Ways as designated -beginning at dead end of streets. NOTE: (A) Right - of -Ways to be cut on the 15"' of each month. (B) Right - of-Ways to be bush-hogged or equivalent. (C) Kight - of- Ways do not require trimming (D) Mowing to begin March 2009 and end December 2009. GROtiP X1I -Port Acres Addition -Right - of-Ways 62"`Street 63`d Street Easy and 62nd Street Diamond and 62nd Street Diamond and Russell Hazel and Russell 59'h Street and Jade Silver and 63`d Street HHy 73 and Jade (off H.O. Mills) 64`h Street (2 right-of-ways at this location) 6~'s Street Dorsey 66'h Street Right - of -Ways as desisnated -beginning at dead end of streets. NOTE: (A) Right - of -Ways to be cut on the 15d' of each month. (I3) Right - of-Ways to be bush-hoaxed or equivalent. (C) Right - of -Ways do not require trinuning (D) Mowing to begin March 2009 and end December 2009. EXHIBIT "B" SEYMOUR ENTERPRISES LLC LA Wl~i & LANDSCAPE P.O. Box 1231 Groves, TX 77619 Ph: 409 540-1209 t JB~O rv~/ ~~Cti McLY nw..o. ..i~CFV\.f/IT iD CAiTIIDDDTQCC _.~d..~....._J .L _. __.___~__ the lowest bidder For group 1. Considering the amount of bids we won, I feel that the addition of group 1 would be more than we can handle for the'2009 season. Please use another lawn maintenance company to service the group 1 contract. I look forward to maintaining the contracts which include Group 2, Group 3(A), 3(B), Group 5, Group 9, Group (0 and doing business with the City of Port Arthur for the 2009 season. Sincerely, Jeremy Seymow Owner/Manager EXHIBIT "C" CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN GROUP ONE (1) 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 Ronald Balsamo doing business as TOMA~IAWK LAWN SERVICE hereinafter called "CONTRACTOR". WITNESSED: That for and inconsideration of the payment terms, conditions ~ .. and agreements set forth herein ,OWNER 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 yeaz. 2. The Contractor will perform mowing of properties and Rights-of--Way in Group One (I) 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 for the cost of $ 575 per cut. 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 Awazd 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 RONALD BLASAMO, TOMAHAWK LAWN SERVICE 2 CITY OF PORT ARTHUR ADVERTISEMENT FOR BIDS COMMUNITY DEVELOPMENT GRASS MOWING OF VARIOUS CITY PROPERTIES, PARKS & RIGHT OF WAYS February I, 2009 S9O Public 890 Public 890 Public Notices - Notices Notices ~ ~ CITY OF PORT ~ GIVEN THAT sealed P.O. Box 1089, Part Ar- ARTHUR, TEXAS Bids, addressed to the thur,' Texas 77641 no ADVERTISEMENT FOR City of Port Arthur, v4ll be later than 3:00 P.M., Feb- BIDS received at the OKce of ruary 18, 2009,.and all the City Secretary, City bids received vnll thereaf- NOTICE. IS HEREBY . Hall, 444 -4th Street or ter be opened and read aloud at 3:15 P.M. on february 18, 2009 in the City Council Chambers, 5th Floor,,Ciry Hall, Port Arthur, Texas for certain services bde0y descdbed as: _.. Grass Mowing of Various City Prdperties, Parks,:&Rights of. Way in the City of - -Port Arthur--. A r '~~MANDATORY PRE-BID MEETING IS SCHEDULED FOR WEDNESDAY, FEBRU- ARY 71, 2009, 9:00 A.M., AT THE PARKS & REC- REATION BUILDING LO- CATED AT 1308 9TH AVENUE, PORT ~ AR- THUR, TEXAS, 77642. Copies of the Bid Specifi- cations and other Con- tract Documents are on file in the Pumhasing Of- fce, 444 4th Street, Port Anhur, Texas and are open for public inspection without charge or-they.- can be retrieveNtlown- `- loaded from -the Ciry's website: c - - www.portarthur.net Bids received after clos- ing dme will be reNmed unopened. - ,- - he City of Port Arthur re- serves the right to reject eny and all bkls and to ,waive informal'dies. rd was Tubbs Shawna Tubbs a Pumhasvg Manager February 8, 2009 89~ Public Notices ~t~ -~ CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR RIDS NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Adhur, will be mceived at the Office of the City Secretary,.City Hall, 444-nth Street or P.O. Box 7089, Pod Ar- thur; Texas 77647 no later than 3:00 P.M., Feb- ruary 18, 2009, and all bids received will thereaf- ter be opened and read aloud at 3:75 P.M. an Fehruary 18, 2009 in the City Council Chambers, 5th Floor, City Hall, Pod Arthur, Texas for certain services bdefly desc_ dbed as: Grass Mowing of Various City Properties, Parks, & Rights of Way in the City of Part Arthur A MANDA70AY PRE-BID -MEETING IS SCHEDULED FOR WEDNESDAY- FEBRU- ARY 11, 2009, 9:00 A.M., AT THE PARKS & AEG REATiON BUIfA1NG LO- CATED A7 7308 9TH AVENUE, PORT AR- THUR, TEXAS, 77642. Copies of the Bid Speciti- cations and other Con- tract Documents are on file in the Purchasing Of- fice,444 4th Street, Pod Arthur, Tezas and are open for public inspection without charge or they ran be retrievedldown- Idaded from the City's webske: www.portarthur.net Bids received after clos- ing lime will be reNmed unopened The City of Pod Arthur re- serves the fight to reject any and alf bids antl to waive infortnalilies_ 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: 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 Citv 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 award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such 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, guazanteeing authenticity. The City reserves the right to: i. 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 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. 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 awazd 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 aze cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall vote on this contract in violation of Chapter 171 Local Government Code. ETHICS: The bidder shall not offer or accept gifts or anything of value, nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Be otherwise qualified and eligible to receive an award. 3. Be engaged in a full time business, and can assume liabilities for any performance or warranty service required. 4. The City Council shall not award a contract to a company that is in an•ears in its obligations to the City. 5. No payments shall be made to any person of public moneys under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur's Purchasing Manager. Addenda will be mailed to all who are known to have received a copy of the ITB. Offeror's shall acknowledge receipt of all addenda. 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 appear 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 'I',AR: 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 personal 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 Crty 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 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 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~Y• 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 appazent 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 (IS) 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 ~iy 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 vv-ith a business. 3. Number of employees currently employed, their jab 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) azeas of the City, the company must show that it has the equipment and employees to handle more than two azeas. 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 azeas. 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 areas. 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 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 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 regardless of contract amount; and; c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 2. Commercial Automobile Liability Insurance (Including owned, non- owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance 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 (I S) 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. 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 TECHNICAL SPECIFICATIONS FOR GRASS MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHTS-OF-WAY IN THE CITY SCOPE 1.1 These specifications concern the mowing of grass, weeds and uncultured plants on various City properties, parks, 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 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 acut-off time, all invoices will be due the last week of mowine. ~. 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. 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 rights-of--way 8-10 feet off pavement. Comers at intersections will be mowed at a 45 degree angle to the intersection for a clear 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 azeas are noted on bid schedule. See page 18. 3.6 Along some Rights~f--Way it should be noted that they are 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, pazk appazatus, tables and structures, etc. to a radius ofthree (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. i 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 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=Park Maintenance See following page(s) GROUP 1 -North Griffing Park A. Town Hall Park B. Hollywood at 32"d Street C. Sunken Court Boulevazd Esplanade-Twin City to Lombardy D. Evergreen Boulevazd Esplanade. Griffing to Tyrell E. Twin City Highway at 32nd Street F. Lombardy Rights-of--Way from 32nd Street to 9d' 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 Boulevazd Esplanade from Griffing Drive to south end of blvd. H. Oaklawn Rights-of--Way to Dryden Road GROUP 3 (Al - 9`" Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section I) A. 9`h Ave esplanade in center front of library to Stillwell Technical School-both sides (shoulders to drainage ditch bridges) B. Immigrant Pazk-cut to drainage canal to feeder road on Hwy 73 side and back of TAMS Building C. Blackberry to Lake Arthur 9d' Avenue- center esplanades at both sides (Shoulders at 45 angle comers) D. 9"' Avenue Regional -cut esplanade in center at north side shoulder (45 all corners) GROUP 3 tB) - 9"' Avenue Including Blackberry Lane to Jimmy Johnson Boulevard to Lake Arthur Drive (Section 2) A. Jimmy Johnson center esplanades Hwry 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~f--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 azea B. Roosevelt Park - 1900 Gulfway Drive, including along ditch area C. Hughen Pazk - 2700 Lakeshore Drive D. Civic Pazk - 220 Lakeshore Drive E. Flats on Lakeshore Drive GROUP 6 -Port Acres/ EI Vista Areas A. Eagle Pazk B. EI Vista Park C. Lakeside Park D. Montrose Park E. Ray Park at Shirley and Ray GROUP9 A. London Bridge Park - 3100 Touraine Avenue B. Northside underpass @ Highways 73 & 347 C. Cecil Reynolds Park - 3900 36`h Street and 4008 39`~ 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-of--Way A. Cambridge B. Robinhood C. Salisbury D. Prospect E. Waverly GROUP 12 -Port Acres Addition - Rights~f--Way A. 62nd 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 I. Hwy 73 and Jade (off H.O. Mills) J. 64`h Street (2 right-of--ways at this location) K. 65d' Street L. Dorsey M. 66`h Street Rights-of--Way as designated - beginning at dead end of streets. NOTE: (A) Rights~f--Way to 6e cut on the 15`h 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 Mazch 8' ' Mazch 22" Apri12009 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 11` ,October 25` November 2009 One November 15' December 2009 One December 13' 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, Pazks & 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 Ai\D RIGHTS-OF-WAY IN GROUPS 1, 2, 3, 5, 6, 9, 10, 11 and 12 IN TAE CITY OF PORT ARTHUR The undersigned 1~Mnhau%k ~A'^%'~ -c-~~'~~~'~ ,~+'hose principal place ofbusiness is ~~tiv'~~ ~ `7~~ ~~ , submits here~~.ith, in conformity with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF BID: ITEA1 # DESCRIPTION PRICE PER CUT 1. MOWING AREA 1 S ° ~GCU 2. MOWING AREA 2 $ G•O~' 3. MOWING AREA 3A $ ~S~.UO 4. MOWING AREA 3B S ' 5~,~~ 5. MOWING AREA ~ ~/ $ CO lj~~ 6. MOWING AREA 6 S,cc' $ ~>0 ~ 7. MO~rJING AREA 9 ~ ±~ S ~ ~.~ 8. MO~T~`ING AREA 10 $ ?SG..~~ 1 9. MOWING AREA 11 $ ' N~0 ~`' 0. D~OWING AREA 12 S - O - ~'~' ~ "~ Page 19 of 23 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE PAGE 2 OF 2 FEBRUARY 18, 2009 Receipt of addenda is acknowledged: No. 1 Dated No. 2 Dated COMPANY NAME ~n d ~ ~•- SIG ATUR F BIDDER Received Received STREET ADDRESS P.O. BOX ~~r.,rkld'~ai ~a~ (PRINT OR TYPE NAME) (~~N~,:. TITLE EMAIL CITY STATE ZIP ~~a ~~~ ~-~~ r ~ AREA CODE TELEPHONE NO. Page 20 of 23 BID OPENING DATE: FEBRUARY 18, 2009 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUIVIBER as indicated below: REMIT PAYA4ENT TO: COMPANY lor.a w~. a~z^d~.~ ADDRESS ~ ~~t Qxx' ~~- ~ 1 CITY/STATEr'ZIP ~r ~ ~ ~e> ~ ~~~ ~d SEND PURCHASE ORDER TO: COMPANY ~ '%^+~A~Auk L ow•~ .5t'.-~v :u ~~~ Ro,ti,~I~ ~'3lyano ADDRESS ~b~l~ .~' ,• r~<.~ l CITY/STATE/ZIP ~ w ~~ E?> ~: ",~77 ~ I ~ C, TAX IDENTIFICATION NUMBER / ~' b S T ~'~ ~ ~ Page 21 of 23 EXHIBIT "D" lCby a! Pal /tnhur) RawDcpmVnant) . (Roqutod FWn$~ 0le7aa} (r4rYa77 Plid,'D0~ _ IPZ RarocO ti/i0j:p7 r ' rr C@R71F7CATE OFG7ANOARO FORM CON7YN ~TfOq tAk' ~ i BEPAR7MfNTflC•v7EYIANDCf7rCOUNC7LRGfNDA •I cmG7Y Vmt Iho eonVnq (heroytaACi eabod Laid (:OnUOC() 4faKCd t0 IDS 7lfetlya(} pwpacd Clly C7vnci gccolu4an ,~• Nd. l: eri asaei dupgaatr o! 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Pogc, Sactlan and Coygart Suhsva(iPn atld Capftoq, e1e. al Said Conliact Y/Irich Co !Wins llrn Added Prwl Jon an_ d p~ yc~ta~ r4__ r r I Iwa;m Ccr61y qul sai? altx(ted Ptope;0d Gly Council Raalution cah4;ins ata iodoxlnq pror(-Jop: ' sl ~ etlnyoct 1s ~ • ' L'dcak of SUirdmd rorm~Con~ k ~° of a C3y 51a?dud Fcnn Conlraa! axcopl lar tlx'clro ~ xenea, l copy al t/Ndi L• pgachad hnalo u~ +gtec doaerWad U qtr ~ .' ~ 1~ ' and ;dd eha'1ge: aio hereby approvod.• c;AaubKi' and ~ 4arrby incorpotakd Oy b to mr d by q.,a ~ crrgl~ytc wi& bco, rya 9 o dad lhr L"w Coparlmonl fn roil®wb,9 Md DPPlorhtft (a! raJ,rgnpl ~ • Y h rani P~1 (arfajaeYna1 aatd Rrcduikn and ' Conaae4 .. • . 6gncd Psa ~^-s,. tlsy °I'_._--„----~-~._. 1a ~~ ' OeP+u_~imcd Fiend et n>:tL•lanl CPy Wipor ~ . .r :- ~ ' - :.~'