HomeMy WebLinkAboutPR 22439: CONTRACTS FOR GRASS MOWING SERVICES (AREA F) art rthu —
Trrut
DEVELOPMENT SERVICES DEPARTMENT
CODE COMPLIANCE -ENVIRONMENTAL HEALTH DIVISION
INTEROFFICE MEMORANDUM
Date: April 11, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Darlene Thomas-Pierre, Code Compliance Manage
RE: Proposed Resolution No. 22439 — Awarding Contra is to Two (2) Contractors on a
Rotation Basis for the Mowing of Privately-owned and City-owned Vacant and
Developed Lots in an Area of the City Designated as Area F (Sabine Pass).
Introduction:
Staff recommends that City Council adopt P.R. No. 22439, authorizing the City Manager to execute
contracts with two (2) vendors for the mowing of privately-owned and city-owned residential and
commercial vacant and developed lots in Area F (Sabine Pass). The contractors are: (1) Valencia
Lawn Service, Port Arthur, TX @ $0.0075 per square foot; and (2) Williams Contracting and Farming
Sabine Pass, Texas @ $0.0060 per square foot. Due to an abundance of high grass in Sabine Pass, the
Environmental Health Division needs multiple contractors to maintain the area.
Background:
Bids were opened on March 23, 2022 for the mowing of privately-owned and city-owned vacant and
developed lots in Area F; Sabine Pass is a unique area due to swamps and marshes, and is frequently
affected by high tides. The bid award is based on the lowest and most responsive bid. Three
companies submitted bids for Area F; one was disqualified due to lack of proper equipment. The bid
tabulation follows.
1. Williams Contracting&Farming, Sabine Pass, Texas 0.0060
2. Valencia Lawn Service, Port Arthur, Texas 0.0075
3. Derrick&Noah, Lawn Service Port Arthur, Texas Disqualified-Equip.
Budget Impact:
Acceptance of this recommendation will not require a budget amendment. Funding is available in
Account No. 001-13-039-5470-00-50-000.
Recommendation:
Staff recommends that City Council adopt P. R. 22439, thereby authorizing the City Manager to
execute two (2) contractual agreements between the City of Port Arthur and; (1) Williams Contracting
& Farming, @ $0.0060 per square foot; and (2) Valencia Lawn Service, Port Arthur, TX @ $0.0075
per square foot, on a rotation basis.
DTP/la
CC: Pamela Langford, ACM-Operations/Director of Development Services
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 x Port Arthur,Texas 77641-1089 x 409.983.8101 x FAX 409.982.6743
P.R. NO. 22439
04/11/2022 LA
RESOLUTION NO.
A RESOLUTION AUTHORIZING ONE (1) YEAR CONTRACTS BETWEEN
THE CITY OF PORT ARTHUR AND TWO (2) VENDORS, WILLIAMS
CONTRACTING & FARMING, OF SABINE PASS, TEXAS AND VALENCIA
LAWN SERVICE, OF PORT ARTHUR, TEXAS FOR GRASS MOWING
SERVICES OF PRIVATELY-OWNED AND CITY-OWNED VACANT AND
DEVELOPED LOTS IN AN AREA OF THE CITY DESIGNATED AS AREA F
(SABINE PASS), WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF
$40,000.00. FUNDS ARE AVAILABLE IN GENERAL FUND ACCOUNT
NUMBER 001-13-039-5470-00-50-000,OTHER CONTRACTUAL SERVICE.
WHEREAS, there are a large amount of properties that the City maintains by mowing the
grass, due to the lack of care by the owners; and
WHEREAS,multiple contractors are needed for each area due to the volume; and
WHEREAS,the City advertised for bids on February 26, 2022, and March 5,2022; and
WHEREAS the City received three (3) bids for Area F on March 23, 2022, the bid tab is
attached hereto as Exhibit"A"; and
WHEREAS, mowing assignments will be given to the awarded contractor with the lowest
awarded contract price for Area F that is available at the time; and
WHEREAS,the list of successful bidders are attached here to as Exhibit B; and
WHEREAS,the contracts are for one (1)year with the option to renew for two (2)additional
one(1)year periods; and said contract are attached as Exhibit C-D.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
Section 1. That,the facts and opinions in the preamble are true and correct.
Section 2. That, for the purposes of this Resolution, Area F is that area of the City described
as Sabine Pass.
P.R. NO. 22439
04/11/2022 LA
Section 3. That the City Manager is hereby authorized to execute, on behalf of the City of
Port Arthur, contracts with: (1) Willliams Contracting & Farming of Sabine Pass, Texas @ $0.0060
per square foot; and (2)Valencia Lawn Service of Port Arthur, Texas @ $0.0075 per square foot; for
the mowing of vacant and developed lots located in the area designated as Area F, in substantially
the same form as attached hereto as Exhibit B.
Section 4. That, a copy of the caption be spread upon the Minutes of the City Council.
READ, ADOPTED, AND APPROVED on this 26th day of April, A.D., 2022, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor
Council Members
NOES:
THURMAN BILL BARTIE,MAYOR
ATTEST: OVED AS TO FORM:
L4zL gp
SHERRI BELLARD, CITY SECRETARY AL TIZ O, CITY ATTORNEY
APPROVED FO ftr ST' • ON: APPROVED AS TO AVAILABILI
'C!
r S:FUND r & 0
ilk /Mk It
A DM
IF D 1:''Tr 0 KA 4DY DA IEL C
ACTING FINANCE DIRECTOR
PAMELA LANDFORD APPROVED FOR PURCHASING
ACM—OPERATIONS/DIRECTOR OF I i (411.4
D VE OPMENT SERVICES / I 41 w 1G
CLI O WILLIAMS, CPPB
►‘ A /i.J AAA III . / I.�L PURCHASING MANAGER
,I'� ENE T ':7! 'Li,' ' �-
f,
•NAGER OF CODE COMPLIA CEE
,
•h
H • U H
Wct +, C
O o z w • Q
CI o xa� o
r.
3 aA z �¢ zz< 6 7 0)w
H
0
0.
A .
C... H Q W H
O
�1 0 Q
U �c4 WV OM M z vWO M '
,: A - •
x I.) O O 0
0 z H z � t 64 C 64
z g � 69 69 • wrs W A H g A
H
ROA ..) A A
p 0 Wa 0
Uv A a
i N
I F" U � oN 0 0
Q' o W W
1 = o 'C es -6 I* z H Q U H
H+ a. s, ° xe., �--i z 3 W z Hil !
gs a � c 000 Q Z o
� A
W =a., > x � o rn
O
o › U 5
- a°e/ cp
U 'w r W H W H
7 ,- < O O O .P� `.. r O M M 2
au ..-, 'z O O F" W a o o w H✓
O h�l O � A O
a P-,
• o
o U o
itt•b P 8 ") •s'", ate") p t)
0 o. a O `. a sz.
0 O
� H
E '-' N M U - N M U
v ey
z x
rs.7'4 Ft
o
H
N
g r O M Q Z f=a C Ci .m M 2
x z A
ate, U a
- - 1
1
1
Ea H a � 73 '
y O v ° o W O � c 0 0 A 1
M M A N
'L3 F 1 .Q Z o Z O a CA r a.) cD. ss O
� r'� � A A 0 � W � a� z
17U A a pa °
p
O O
0 -O z E.
z aE� r 0 ' a 1.-1 m fa ' v.
� o �a o H , °
.� o . z 0,JJ !
Z z W > s4 s4z 7� . rq i A
G
- 5,� 9, (.7
x x
•-�
OtS+ u A4., ,• a C) �3 H
O O i.
Q a 0 "1 c — X .4 - ^►' M — C� X
Zt a) o o AO Z y oo• 0 E
> 6s ss Z > ai Gs 0 O Q✓
a Fa A z Z H
)-:.
A
s
0
c. Q + w Q .W ;a
va
.. N r y ,. V r N
a
Z
4 L z
e . O Q
e) U „ '-` ri M U
a
V
' W A � E. b+ C n
ro cv, m x - VOL 'o8
Z
• oo PA "3 ; V yo
ss Z ` z i aA E-, ,,, A E-,• a a
•
ti
5 )44-le Q v Q a W . ., c.)
,a OE 5 v W o CQ H '-' > u o 0 0 o Ei
z o • o V g r c o• 0 0• �,
=� ", WZ � .a) z � Z a zW sv ss d
.0 UCI W+ g A Hi' W W v p E-,rA 4 �
a a a ,o cc,
W ,t:, >~ O O O 1
h il1
W W
z CID z �
• l r O r r O •L �z+ 45 Q dN Q � p
u ., o o p c- ; r- V o 0 0 •
• 0 ® N a0 r > o 0 0 r7 r > o Q. Q. 0
E-+ o boo A bs z � '�. Fi A s9 �» s4 .
® .,"CS r
0 0 'o z
Q U Cd O• O COP. - W v > O• o o (�
• z z >ct t) ~ Z Z
0 0
o
o Q W o < ,
o,
� a C
A A
® ¢ a. a ® a. a. a.
o z
`ems 7- �i
d H
Q v Q
. � y ° '� H
0 0
xa z €-s z
c " C.)C 0 A g
® N p O
•i Ag 1c � aoa� w 9 °> •• o
� � a r. .5 w z z agz t
o c7 •
o as H •
O O A ,
T'd A V .� O O p ' '
-+ it o 0
A A z > t Ea z Q
a
a
I
0
o
w
� •
, p
Q . . f�
•
o �
o
o a a r&
ti
® N
I
-41 .
z
e)
EXHIBIT B
ENVIRONMENTAL HEALTH DIVISION
MOWING OF VACANT AND DEVELOPED LOTS IN AREA F
SUCCESSFUL BIDDER
CONTRACTOR EXHIBIT PER SQUARE FT
WILLIAMS CONTRACTING & FARMING SABINE PASS,TEXAS C $0.0060
D
VALENCIA LAWN SERVICE PORT ARTHUR,TEXAS SO. 0075
EXHIBIT C
CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED
VACANT AND DEVELOPED LOTS IN AREA F
THIS AGREEMENT, made this of , 2022, 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 WILLIAMS CONTRACTING & FARMING, herein acting
individual, firm, partnership or corporation by and through Terrance E. Williams, hereinafter
called"CONTRACTOR"
WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements
set forth herein, OWNER and CONTRACTOR agree as follows:
1. The terms of this Contract shall be from May 11, 2022, to May 10, 2023, with the option to
renew for two (2) additional one year periods. The City can terminate this contract at its
convenience, which includes, but is not limited to, funding not being available in any budget
cycle with thirty (30)days written notice.
2. Mowing assignments will be given to the contractor with the lowest contract price that is
available to perform the task.
3. The Contractor will perform work as stated in the Contract Documents.
4. 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, except those supplies specifically not required of Contractor in the Specifications.
5. The CONTRACTOR agrees to perform all the work described in the specifications and
contract documents and to comply with the terms therein for the following cost: $0.0060 per
square foot.
6. The term "Contract Documents" means and includes the following:
a) Agreement
b) Advertisement for Bid
c) Addenda
d) General Information
e) Specifications
f) Bid
g) Notice of Award
h) 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 and two (2) copies, each of which shall be
deemed an original on the date first above written.
EXHIBIT C
CITY OF PORT ARTHUR
BY
Ronald Burton, City Manager
Signed on the day of 2022.
WILLIAMS CONTRACTING & FARMING
BY
Terrance E. Williams
ADDRESS
PHONE NO. /FAX NO.
EMAIL
Signed on the day of 2022.
THURMAN BARTIE,MAYOR RON BURTON
REV.DONALD FRANK,MAYOR PRO TEM City,of CITY MANAGER
COUNCIL MEMBERS: •
o rt rt�at _ SHERRI BELLARD,TRMC
CAL JONES CITY SECRETARY
INGRID HOLMES Texas
THOMAS KINLAW VAL TIZENO
KENNETH MARKS CITY ATTORNEY
CHARLOTTE MOSES
MARCH 4, 2022
INVITATION TO BID
The Mowing of Privately-owned and City-owned Developed
and Vacant lots in the City of Port Arthur
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, March 23, 2022. (The clock located in the City Secretary's office will be the official
time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 23, 2022 in the City Council
Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P22-031
DELIVERY ADDRESS: Please submit one (1) original and one(1)copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are
for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 25
INVITATION TO BID
The Mowing of Privately-owned and City-owned Developed
and Vacant lots in the City of Port Arthur
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 3 of 25
MANDATORY
PRE-BID CONFERENCE
A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective
bidders for Mowing of Vacant and Developed Lots will be held on Friday, March 11, 2022 at 10:00 a.m. at
the 5th Floor Council Chambers located at 444 4th Street, Port Arthur, Texas.
The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer
any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the
project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing
Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents.
Page 4 of 25
SUBMIT THE FOLLOWING WITH BID.
A. BID SHEETS —PAGE 13.
B. EQUIPMENT LIST—PAGE 14.
C. NON-COLLUSION AFFIDAVIT— PAGE 15 (MUST BE NOTARIZED)
D. AFFIDAVIT—PAGE 16 (MUST BE NOTARIZED)
E. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE
1 AND SIGN AT THE BOTTOM.- PAGE 17 & 18
F. CHAPTER 2252 CERTIFICATION—PAGE 19
G. HOUSE BILL 89 VERIFICATION—PAGE 20 (MUST BE NOTARIZED)
Page 5 of 25
Specifications for the City of Port Arthur
Code Enforcement for the mowing of Privately-Owned and City-Owned
Developed and Vacant lots in areas A, B, C, D E & F
Scope of Work:
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 described in these
specifications.
All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be
inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of
Port Arthur reserves the right to perform random equipment inspections throughout the duration of the
contract period.
The Contractor's failure to comply with these specifications will result in delay of payment.
Liquidated damages may be assessed, or contract termination.
Area Al:
1. All of Port Acres
2. Area "Al" is mostly vacant large tracts of land.
3. Mostly 7,000 square feet or greater.
4. Bush Hog would be recommended.
5. Large amount of Mowing.
Area A2:
1. El Vista, Vista Village, Lakeside, and Montrose
2. Area "A2" is mostly vacant lots. Lakeside Area has large amount of developed lots.
3. Mostly 7,000 square feet or greater.
4. Bush Hog would be recommended.
5. Large amount of Mowing.
Page 6 of 25
Area B1:
1. West Side (Foley to Houston Avenue).
2. Area "B l" is an area with a lot of vacant lots.
3. It is a mixture of vacant houses and developed lots.
4. The lots average around 2,500 and 3,500 square feet.
5. This has area has a large volume of grass cutting.
6. Many of the lots have fences.
Area B2:
1. Houston Avenue to Savannah Avenue.
2. Area "B2" is an area with a lot of vacant lots.
3. It is a mixture of vacant houses and developed lots.
4. The lots average around 2,500 and 3,500 square feet.
5. This has area has a large volume of grass cutting.
6. Many of the lots have fences.
Area Cl:
1. Savannah to Woodworth the Northern Boundary is 19th Street.
2. Area "Cl" is majority vacant lots.
3. This area has a lot of grass cutting.
4. Average around 7,000 square feet.
5. The Developed lots in this area have fences.
6. Large amount of mowing.
Area C2:
1. Woodworth to 9th Avenue the Northern Boundary is 25th Street.
2. Area "C2" is majority vacant lots.
3. This area has a lot of grass cutting.
4. Average around 7,000 square feet.
5. The Developed lots in this area have fences.
6. Large amount of mowing.
Area D:
1. Area "D" has a 55%to 65% breakdown of vacant lots to developed properties.
2. 9th Avenue to the eastward boundary of the City, Northern boundary is 25th street.
3. Large volume of mowing.
4. Average size of properties is 7,000 square feet.
Page 7 of 25
S. Developed lots have fences.
Area E:
1. Area "E" is mostly developed properties.
2. Area E is 25th Street (Griffing Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to
Eastern Border Stadium Road (Twin City Hwy).
3. The volume of mowing fluctuates week to week.
4. Average size of properties is 7,000 square feet.
S. Developed lots have fences.
Area F:
1. Area "F" is Sabine Pass.
2. Large volume of mowing.
3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet.
4. Due to the high tide; a lot of these lots are flooded which will make it more difficult.
S. Bush hog is recommended.
MAP:
Map outlining the Areas is attached as Appendix "A"
Mowing Specifications:
1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower
of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to
proven past performance of the equipment on similar work to complete the task. Residential commercial
mowers of these types or an equivalent will be required for the mowing of all vacant and developed
residential and commercial properties.
2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed
properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall
appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will
allow for the easy operation of said equipment.
3. On large tracts of vacant land that are over '/2 an acre in size, bush hogs will be allowed. Mandatory
height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are
NOT to be used on privately-owned developed properties unless special provisions have been given in
writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately-
owned vacant properties in the City's residential neighborhoods when permission is given by the
inspector when grass on lots is 12 inches or more.
Page 8 of 25
4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks,
driveways, or adjacent properties through the action of the work crew, must be removed from the area
prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass
from the ground area where growth occurred will be required.
5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks,
culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush,
tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and
smaller must be removed no matter the height. Contractors are responsible for removing tree
limb sticking through fencing.
6. The alleyway of the assigned property is to be cut five feet(5') past the assigned property line.
7. All ditches are included as part of the property regardless of depth.
8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed
or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will
be issued!
9. For developed properties and/or properties in residential areas, the contractor must provide equipment
for finished mowing, including trimmers and edger's. These properties are to be left with finished,
trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED.
10. The Contractor shall exercise proper precautions at all times for the protection of persons and property
and shall be responsible for all damages to persons or property, on or off the site, which occur as a result
of execution of the work.
11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's
equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant
and developed properties and/or structures.
LITTER AND DEBRIS:
All litter and debris must be picked up prior to mowing and then immediately following the actual mowing
and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by
the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the
contactor's expense.
All fallen limbs on property must be cut in four (4'ft) sections or less, and placed on curbside for pickup. All
trash must be bagged. Tires, green waste and bagged items must be placed separately.
If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed,
such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any
Page 9 of 25
reason, the contractor must contact the Inspector for the designated area immediately before attempting to
mow.
NOTICE TO MOW:
1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a
Notice to Mow exists, the contractor must pick it up within 24 hours. If contractor is unable to pick it up
within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time
the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of
the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow
consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice
to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The
number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day.
2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have
seven (7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the
contractor). Failure to complete the work within the stated time frame may result in a strike. Requests
for extensions must be submitted in writing to the Director of Code Enforcement and Inspections
or designee and may be granted due to inclement weather or extenuating circumstances. Requests
for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or
designee. If the Environmental Health does not receive the extension in writing, the contractor will be in
violation of the contract and the contractor will not receive any future Notices to Mow until work is
completed and may receive a strike..
3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health
Division for review by the Verifier. The Contractor's signature acknowledges that all work for each
property listed on the Notice to Mow has been completed according to the specifications. Any Contractor
that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the
designated City Verifier may be penalized to the fullest extent allowed by Texas law.
4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from
contractor without payment and a strike may be issued.
5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled
work, the City shall have the right to have such work completed by another awarded contractor at their
contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the
Notice to Mow and City will pay for the work that was completed once it was verified.
6. If Contractor's equipment fails and written notification is sent to Environment Health, the contractor has
48 hours to begin work or the remaining property or it will be completed by another contractor.
7. If there is an alley on the property, the alley must be cut.
Page 10 of 25
8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the
contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties
on the notice to mow if properties meet the specifications.
9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice
can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty
(30) days of the date of the invoice.
CONTRACT TERMINATION:
1. Pt Notice Environmental Health will submit a certified letter stating the issues.
2. 2nd Notice Environmental Health will call contractor in for a meeting.
3. 3rd Notice will be a letter of termination of contract for cause.
COMMUNICATION
A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures.
Contractors are required to contact Environmental Health within the same day by phone or email. A letter or
email stating reasons why a contractor cannot work must be submitted immediately.
CONTRACT AWARD
1. The City reserves the right to award to as many contractors as Environment Health deems necessary.
2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with
the lowest bid price that is available to perform the work at that time.
A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is
available to begin work.
B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to
that Group.
3. It is possible that the awarded contractor with the highest may not receive any work, if the other
awarded contractors are performing their task very efficient.
4. It is possible that a highest priced awarded contractor can receive more work that the lower priced
awarded contractor id the higher priced contractor is more efficient than the lower priced contractor
5. City will award more than one group to a contractor, but the Contractor's responsibility to provide
documentation that their company has the equipment and the manpower to maintain their grass cutting
obligation.
6. Contractors awarded Group A will only work in Group A unless they following.
• Contractor has a number of crew members and equipment that Environmental believes can work
more than one crew. Contractor will submit list to Environmental of crew members dedicated to
Group A.
Page 11 of 25
• Those crew members dedicated to Group A will only work Group A.
CONTRACT PERIOD:
This Contract will terminate approximately twelve (12) months from date of execution with the
option to renew for two (2) additional one year periods. The City can terminate this contract at its
convenience which includes, but not limited to, funding being available in any budget cycle with
thirty(30) days written notice.
Page 12 of 25
CITY OF PORT ARTHUR, TEXAS COPY
BID SHEET
BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A, B
C, DE& F"
BID DUE DATE: March 23, 2022
ITEM NUMBER AREA TO MOW VACANT & DEVELOPED LOTS
COST PER SF
1 AREAA $ 0. bOclS0
2 AREASB - E $ 0, be 6/0
3 AREA F $ 6.lie 6f0
Award will be based on bid price, crews, and equipment.
/ / / - ' )1, ot.4 ( 4. CEO f4(T•'4g--1-4"-PI //l 3 ( , `� t l l�R�
COMPANY NAME r STREET ADDRESS
Te:-;-----t.‘.0,,,z C - P C . 1.3c�3 �S3
SIGNATURE OF BIDDER P.O. BOX
I
A Irfi...4 c_e 6.---,/41-/(,.eci-5. -S0-1 --(A-Q-- at5S 73-c -2 -1 Cs-
PRINT OR TYPE NAME CITY STATE ZIP
l.riJik Q- ir- 6-Wi) 3 co -6 f(
TITLE AREA CODE TELEPHONE NO
-7:11 i 1 C/04, 4 ?J--c
EMAIL / FAX NO.
Page 13 of 25
Equipment List
Equipment Qty Size of Cutting Deck
Bush Hog
Zero Turn or Riding Mower / � -
Weedeater N/A
Hedge Trimmers / N/A
Walk Behind , N/A
Chainsaw 3 N/A
Blower N/A
Edger hJ/A- N/A
Number of Employee that will mow the Lots
Signature of Proposer Date
Page 14 of 25
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made
to any competitor or any other person engaged in the same line of business, nor has the signatory or
anyone acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature:
Printed Name:
/€r✓ C- C G✓'-`1 �� a 5
Title: O��
Company: (,)/'((ca �6�'�f/� C-t- •1y
Date: 3 2 or-- ( /
SUBSCRIBED and sworn to before me the undersigned authority by the day off I1
iYCitita
behalf of said bidder.
Y)-)062(9
in andr fbr the
ikvY
Notary PublicU
a �- BROOKE MURPHY State of Texas
_321.- eG�= NOTARY PUBLIC,STATE OF TEXAS
_ :
iQ§ COM.EXPIRES 02/17/2025
, of - NOTARY ID #12680843-6 My commission expires: 'a ,? T
Page 15 of 25
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersignedun offers and agrees to one of the following:
V I hereby certify that I do not have outstanding debts with the City of Port Arthur. 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 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 agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
Firm Name " Date
060,totfs
Authorized Signature Title
6-1../- (( 6`-(61')3OG -6r ( T
Name (please print) Telephone
2.c.oakvitulA (-DWI
Email
STATE: _
COUNTY: P e..Y.3O/1
SUBSCRIBED AND SWORN to before me by the above named j 2YYGA 11C 1,U ti H IG.F s
on this the '-' day of tY(, air\ , 20 9--D. .
L 5i CQ f'1, p u 1^
Y' B BROOKE MURPHY
NOTARY PUBLIC.STATE OF TEXAS Notary Public
COM.EXPIRES 02/17/2025
ifie!, NOTARY ID #12680843-6
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 16 of 25
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
LLI Name of vendor who has a business relationship with local governmental entity.
rv/ Ac-
l l Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
l completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
2-1 Name of local government officer about whom the information is being disclosed.
Name of Officer
J Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes No
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
---0) -2c Z)
Signature of vendor doing busines with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
rage 1 101 6J
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
,,nn ll (C) of a family relationship with a local government officer.
A /Pt—
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1 113 0/2 0 1 5
3 -- Page 18 of 25
SB 252
CHAPTER 2252 CERTIFICATION
I, � ,�_ �� , the undersigned an representative
of � i C /u �' ( —
(Company or Business Name)
being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,
Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the
Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,
Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do
business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port
Arthur Purchasing Department.
Name of Company Representative (Print)
Signature of Company Representative
Date
Page 19 of 25
House Bill 89 Verification
I, (Person name), the undersigned representative
(hereafter referred to as "Representative") of
/
W/ ( l i G-44^ S' �v�f-yr� Li-T.-pl. Gt.1,-1. d /T y"lives r /L I
(company or business name, hereafter referred to as
"Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn
by the undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any
contract that will be entered into between Business Entity and the City of Port Arthur; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli-controlled territory, but does not include an action made for ordinary business purposes.
</Z-4
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this (aa day
of 1,M CO Cit/‘, , 20 L
t 04.1/ter10ti _
BROOKS MURPHA Nota Public
``1r'�v �- NOTARY PUBLIC,STATE OF TEM ry
;1'4*B�. 0211712026&,., = CON.EXPIRESi„�' NOTARY IO#126808
Page 20 of 25
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 Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions 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.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
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 the lump sum or unit price basis, 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. 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, as provided by Section 271.905 of the Texas Government Code.
Excluding Federal Funds
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: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ).
The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local
Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing
business or seeking to do business with the City of Port Arthur, including affiliations and business and financial
relationships such persons may have with City of Port Arthur officers. The form can be can be located at the
Texas Ethics Commission website: ho:pa .ethics.state til,n int_) f3rms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a response to this
RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local
Government Code and you are representing that you in compliance with them.
Any information provided by the City of Port Arthur is for information purposes only. If you have
concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner
in which you must comply, you should consult an attorney.
Page 21 of 25
ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to
governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a
manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization.
Any employee that makes purchases for the City is an agent of the City and is required to follow the City's
Code of Ethics.
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. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies 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.
ADDENDA: 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 Purchasing Manager. The
City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure
to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, 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. Contractors outside the City of Port Arthur are allowed to bid.
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.: Environmental Health,
P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
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, Jefferson County.
Page 22 of 25
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;
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 any-one 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.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 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 party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are 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.
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
Page 23 of 25
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.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor
to furnish 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. Standard Worker's Compensation Insurance:
2. 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.
3. 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.
Page 24 of 25
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 (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,
the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday
through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.
Page 25 of 25
EXHIBIT D
CITY OF PORT ARTHUR
BY
Ronald Burton, City Manager
Signed on the day of 2022.
VALENCIA LAWN SERVICE
BY
Oceal Valencia
ADDRESS
PHONE NO. /FAX NO.
EMAIL
Signed on the day of 2022.
THURMAN BARTIE, MAYOR ;• RON BURTON
REV. DONALD FRANK,MAYOR PRO TEM C1n of CITY MANAGER
COUNCIL MEMBERS:
9r. rtlere SHERRI BELLARD,TRMC
CAL JONES CITY SECRETARY
Te.rus
INGRID HOLMES
THOMAS KINLAW VAL TIZENO
KENNETH MARKS CITY ATTORNEY
CHARLOTTE MOSES
MARCH 4, 2022
INVITATION TO BID
The Mowing of Privately-owned and City-owned Developed
and Vacant lots in the City of Port Arthur
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, March 23, 2022. (The clock located in the City Secretary's office will be the official
time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 23, 2022 in the City Council
Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P22-031
DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams cr oortarthurtx.gov
Purchasing Division/Finance Department I Purchasing_Manager,Clifton Williams,CPPB
P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
The enclosed Invitation to Bid ([TB) and accompanying General Instructions, Conditions and Specifications are
for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 25
INVITATION TO BID
The Mowing of Privately-owned and City-owned Developed
and Vacant lots in the City of Port Arthur
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 3 of 25
MANDATORY
PRE-BID CONFERENCE
A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective
bidders for Mowing of Vacant and Developed Lots will be held on Friday, March 11, 2022 at 10:00 a.m. at
the 5th Floor Council Chambers located at 444 4th Street, Port Arthur,Texas.
The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer
any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the
project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing
Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents.
Page 4 of 25
SUBMIT THE FOLLOWING WITH BID.
A. BID SHEETS -PAGE 13.
B. EQUIPMENT LIST-PAGE 14.
C. NON-COLLUSION AFFIDAVIT- PAGE 15 (MUST BE NOTARIZED)
D. AFFIDAVIT-PAGE 16 (MUST BE NOTARIZED)
E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE
1 AND SIGN AT THE BOTTOM.- PAGE 17 & 18
F. CHAPTER 2252 CERTIFICATION-PAGE 19
G. HOUSE BILL 89 VERIFICATION-PAGE 20 (MUST BE NOTARIZED)
Page 5 of 25
Specifications for the City of Port Arthur
Code Enforcement for the mowing of Privately-Owned and City-Owned
Developed and Vacant lots in areas A, B, C, D E & F
Scope of Work:
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 described in these
specifications.
All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be
inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of
Port Arthur reserves the right to perform random equipment inspections throughout the duration of the
contract period.
The Contractor's failure to comply with these specifications will result in delay of payment.
Liquidated damages may be assessed, or contract termination.
Area Al:
1. All of Port Acres
2. Area "Al" is mostly vacant large tracts of land.
3. Mostly 7,000 square feet or greater.
4. Bush Hog would be recommended.
5. Large amount of Mowing.
Area A2:
1. El Vista, Vista Village, Lakeside, and Montrose
2. Area "A2" is mostly vacant lots. Lakeside Area has large amount of developed lots.
3. Mostly 7,000 square feet or greater.
4. Bush Hog would be recommended.
5. Large amount of Mowing.
Page 6 of 25
Area B1:
1. West Side (Foley to Houston Avenue).
2. Area "B l" is an area with a lot of vacant lots.
3. It is a mixture of vacant houses and developed lots.
4. The lots average around 2,500 and 3,500 square feet.
5. This has area has a large volume of grass cutting.
6. Many of the lots have fences.
Area 82:
1. Houston Avenue to Savannah Avenue.
2. Area "B2" is an area with a lot of vacant lots.
3. It is a mixture of vacant houses and developed lots.
4. The lots average around 2,500 and 3,500 square feet.
5. This has area has a large volume of grass cutting.
6. Many of the lots have fences.
Area Cl:
1. Savannah to Woodworth the Northern Boundary is 19`h Street.
2. Area "Cl" is majority vacant lots.
3. This area has a lot of grass cutting.
4. Average around 7,000 square feet.
5. The Developed lots in this area have fences.
6. Large amount of mowing.
Area C2:
1. Woodworth to 9th Avenue the Northern Boundary is 25th Street.
2. Area "C2" is majority vacant lots.
3. This area has a lot of grass cutting.
4. Average around 7,000 square feet.
5. The Developed lots in this area have fences.
6. Large amount of mowing.
Area D:
1. Area "D" has a 55%to 65% breakdown of vacant lots to developed properties.
2. 9th Avenue to the eastward boundary of the City, Northern boundary is 25th street.
3. Large volume of mowing.
4. Average size of properties is 7,000 square feet.
Page 7 of 23
S. Developed lots have fences.
Area E:
1. Area "E" is mostly developed properties.
2. Area E is 25`h Street (Griffing Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to
Eastern Border Stadium Road (Twin City Hwy).
3. The volume of mowing fluctuates week to week.
4. Average size of properties is 7,000 square feet.
5. Developed lots have fences.
Area F:
1. Area "F" is Sabine Pass.
2. Large volume of mowing.
3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet.
4. Due to the high tide; a lot of these lots are flooded which will make it more difficult.
5. Bush hog is recommended.
MAP:
Map outlining the Areas is attached as Appendix "A"
Mowinji Specifications:
1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower
of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to
proven past performance of the equipment on similar work to complete the task. Residential commercial
mowers of these types or an equivalent will be required for the mowing of all vacant and developed
residential and commercial properties.
2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed
properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall
appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will
allow for the easy operation of said equipment.
3. On large tracts of vacant land that are over % an acre in size, bush hogs will be allowed. Mandatory
height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are
NOT to be used on privately-owned developed properties unless special provisions have been given in
writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately-
owned vacant properties in the City's residential neighborhoods when permission is given by the
inspector when grass on lots is 12 inches or more.
Page 8 of 25
4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks,
driveways, or adjacent properties through the action of the work crew, must be removed from the area
prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass
from the ground area where growth occurred will be required.
5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks,
culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush,
tree limbs that hang below 10 feet from the ground, and small trees six inches (6")in diameter and
smaller must be removed no matter the height. Contractors are responsible for removing tree
limb sticking through fencing.
6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line.
7. All ditches are included as part of the property regardless of depth.
8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed
or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will
be issued!
9. For developed properties and/or properties in residential areas, the contractor must provide equipment
for finished mowing, including trimmers and edger's. These properties are to be left with finished,
trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED.
10. The Contractor shall exercise proper precautions at all times for the protection of persons and property
and shall be responsible for all damages to persons or property, on or off the site, which occur as a result
of execution of the work.
11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's
equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant
and developed properties and/or structures.
LITTER AND DEBRIS:
All litter and debris must be picked up prior to mowing and then immediately following the actual mowing
and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by
the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the
contactor's expense.
All fallen limbs on property must be cut in four (4'ft) sections or less, and placed on curbside for pickup. All
trash must be bagged. Tires, green waste and bagged items must be placed separately.
If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed,
such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any
Page 9 of 25
reason, the contractor must contact the Inspector for the designated area immediately before attempting to
mow.
NOTICE TO MOW:
1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a
Notice to Mow exists, the contractor must pick it up within 24 hours. If contractor is unable to pick it up
within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time
the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of
the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow
consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice
to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The
number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day.
2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have
seven (7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the
contractor). Failure to complete the work within the stated time frame may result in a strike. Requests
for extensions must be submitted in writing to the Director of Code Enforcement and Inspections
or designee and may be granted due to inclement weather or extenuating circumstances. Requests
for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or
designee. If the Environmental Health does not receive the extension in writing, the contractor will be in
violation of the contract and the contractor will not receive any future Notices to Mow until work is
completed and may receive a strike..
3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health
Division for review by the Verifier. The Contractor's signature acknowledges that all work for each
property listed on the Notice to Mow has been completed according to the specifications. Any Contractor
that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the
designated City Verifier may be penalized to the fullest extent allowed by Texas law.
4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from
contractor without payment and a strike may be issued.
5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled
work, the City shall have the right to have such work completed by another awarded contractor at their
contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the
Notice to Mow and City will pay for the work that was completed once it was verified.
6. If Contractor's equipment fails and written notification is sent to Environment Health, the contractor has
48 hours to begin work or the remaining property or it will be completed by another contractor.
7. If there is an alley on the property, the alley must be cut.
Page 10 of 25
8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the
contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties
on the notice to mow if properties meet the specifications.
9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice
can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty
(30) days of the date of the invoice.
CONTRACT TERMINATION:
1. l st Notice Environmental Health will submit a certified letter stating the issues.
2. 2nd Notice Environmental Health will call contractor in for a meeting.
3. 3rd Notice will be a letter of termination of contract for cause.
COMMUNICATION
A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures.
Contractors are required to contact Environmental Health within the same day by phone or email. A letter or
email stating reasons why a contractor cannot work must be submitted immediately.
CONTRACT AWARD
1. The City reserves the right to award to as many contractors as Environment Health deems necessary.
2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with
the lowest bid price that is available to perform the work at that time.
A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is
available to begin work.
B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to
that Group.
3. It is possible that the awarded contractor with the highest may not receive any work, if the other
awarded contractors are performing their task very efficient.
4. It is possible that a highest priced awarded contractor can receive more work that the lower priced
awarded contractor id the higher priced contractor is more efficient than the lower priced contractor
5. City will award more than one group to a contractor, but the Contractor's responsibility to provide
documentation that their company has the equipment and the manpower to maintain their grass cutting
obligation.
6. Contractors awarded Group A will only work in Group A unless they following.
• Contractor has a number of crew members and equipment that Environmental believes can work
more than one crew. Contractor will.submit list to Environmental of crew members dedicated to
Croup A.
Page I I of 25
• Those crew members dedicated to Group A will only work Group A.
CONTRACT PERIOD:
This Contract will terminate approximately twelve (12) months from date of execution with the
option to renew for two (2) additional one year periods. The City can terminate this contract at its
convenience which includes, but not limited to, funding being available in any budget cycle with
thirty (30) days written notice.
Page 12 of 25
CITY OF PORT ARTHUR, TEXAS
BID SHEET COp
BID I.OR: Illowirtz of Privately}-owned and City-owned Developed veloped and Vacant lots in Areas A,B
C, DE& F"
BID DUE DATE: March 23, 2022
ITEM NUMBER AREA TO MOW VACANT& DEVELOPED LOTS
COST PER SF
1 AREA A $ 0 j00
AREASB -E $
' 5 0
3 AREA F $0 , OD, _75 0
� �1
Award will be based on bid price,crews,and equipment.
V�i/enc4 /( Jjev cue Q ,� 3 5 1 /ye
ONIPANY NAME S ET ADDRESS
Qc erg f Va/e)90
SIGNATURE OF BIDDER P.O. BOX
CDGC(i/ Va/6")ci �t C
PRINT OR TYPE NAME 'ETY S ATE ZIP
0LE n er o9 9. 36 /o6.
A A CODE TELEPHCNE NO
0 l'e-1 L'a Ityyv h Lk 7 a. Yo. #00,(0141
EMAIL FAX NO.
Page 13 of 25
Equipment List
Equipment Qty Size of Cutting Deck
Bush Flog /
Zero Turn or Riding Mower 1 14 U
Weedeater 2-- N/A
fledge Trimmers / N/A
Walk Behind / N/A
Chainsaw / N/A
Blower / N/A
Edger N/A
Number of Employee that will mow the Lots p2-_
3 - i -2_ -_„2,7
S nature of Pro te
Page 14 of 25
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firn bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made
to any competitor or any other person engaged in the same line of business, nor has the signatory or
anyone acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature:
(-ea/ jQ /en(1 (?
Printed Name:
Title: C) r1
Company: VQ/edi r / W
t
Date: _
SUBSCRIBED and sworn to before me the undersigned authority by the d-2_ day of, Z°
behalf of said bidder.
itt
t-ntal
------- - tary ublic in and for the
°.' _ TUYET MAI ate of Texas
My Notary ID#10077445
..... +'' Expires May d,2023
°r s' u My commission expires: g 1013
Cage 15 of 2
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
Ki
succeedin debts as they become due.
ereby certify that I do have outstanding debts with the City of Port Arthu: and agree to pay said
de s p 'off t¢execution of this agreement. I further agree to pay succeeding debts as they become due.
4 1` hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
CU ( Va/en c-A9 3 -7 0,f.
Firm-� Name Date
V C-Ca t V/d(e,Yi P`r
Authorized Signature Title
0(":0 / JQ/ ell (4 0 tLi n e I
Name (please print) Telephone
0 C- e/ Va/e a/ 'Jo ?p y 0 ii, 0 , (eM
Email
STATE: T,P,t CL(JY
rs
COUNTY: jos.co `'`'
SUBSCRIBED AND SWORN to before me by the above named DC ett C 'Jrt `&
on this the )-,2t day of -71i1Jtia./ , 20 .
it.efla
,, 4 My Notary ID#10077445
ary ublic
'4- z`+'' Expires May 4,2023
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 16 of 25
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnare is being filed in accordance with Chapter 176,Local Government Code, by a vendor who
has a business relationship as defined by Section 176.001(1•a) with a local governmental entity and the Date Received
vendor meets requirements under Section 176.006(a).
Sy law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement b be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
J Namees of vendor who has a business relationship with local governmental entity.
•V rA ri
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that yc L file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after ti-e date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
A Name of local government officer about whom the information is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer,or a fami'/member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local vkernment officer.
Complete subparts A and B for each employment or business relationship described. Attach additional ocges to this Form
CIO as necessary.
A Is the local government officer or a family member of the officer receiving or likely to receive taxable income.
other than investment income, from the vendor?
Yes No
B is the vendor receiving or likely to receive taxable income,other than investment income,from ar at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes t i No
11 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
-', fl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176 003(a-1).
ignature of van or doin usiness with the governmental entity Data
F)rm provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1113012C15
rage 1 rut bZ
SB 252
CHAPTER 2252 CERTIFICATION
I,OCea/ 1)a l
lc)G t Q the undersigned an representative
of V 0/of? h I Q WW ati f'i U
(Company or Business Name)
being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,
Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the
Comptroller of the State of Texas concerning the listing of companies that are identified under Sector 806.051,
Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do
business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City- of Port
Arthur Purchasir.g Department.
(- [ Va l eii 'i
Name of Company Representative (Print)
Ja eyi ra
Signature of Company Representative �t
)_
Date
Page 19 of 25
House Bill 89 Verification
I, 0 nee,/ / 110 ( cYl c il-t (Person name), the undersigned representative
(hereafter referred to as "Representative') a-
VO/C/C! h (rr Lot) S e it/re-(company or business name, hereafter referred to as
"Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn
by the undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the :erm of any
contract that will be entered into between Business Entity and the City of Port Arthur; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in Israel or in En
Israeli-controlled territory, but does not include an action made for ordinary business Durposes.
r-(d
SIGNATURE 0 REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ,22, day
of 'I4 GINCeN- ,
j ,Q;:"{°U°{' TUYETMAI ary Public
My Notary ID#10077445
A. fb
'`'•'K,Uw��*" Edres May 4,2023
Page 20 of 25
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 Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions 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.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
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 the lump sum or unit price basis, 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. 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, as provided by Section 271.905 of the Texas Government Code.
Excluding Federal Funds
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: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ).
The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local
Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing
business or seeking to do business with the City of Port Arthur, including affiliations and business and financial
relationships such persons may have with City of Port Arthur officers. The form can be can be located at the
Texas Ethics Commission website: hc?D': u'AV, .thiLi.5tucc.cx.us. tilinzin ' :on:1ict txms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a response to this
RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local
Government Code and you are representing that you in compliance with them.
Any information provided by the 'City of Port Arthur is for information purposes only. If you have
concerns about whether Chapter I76 of the Texas Local Government Code applies to you or the manner
in which you must comply,you should consult an attorney.
Page 21 of25
ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to
governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a
manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization.
Any employee that makes purchases for the City is an agent of the City and is required to follow the City's
Code of Ethics.
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. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies 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.
ADDENDA: Any interpretations, corrections or changes to the [TB and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The
City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure
to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, 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. Contractors outside the City of Port Arthur are allowed to bid.
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.: Environmental Health,
P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
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, Jefferson County.
Page 22 of 25
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;
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 any-one 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.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 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 party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are 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.
TERI'HNATION 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
Page 23 of 25
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.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor
to furnish 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. Standard Worker's Compensation Insurance:
2. 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.
3. 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.
Page 24 of 25
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 (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor(s)as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,
the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday
through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.
Page 25 of 25