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HomeMy WebLinkAboutPR 15376: SOUTHEAST TX LAWN & MAINTENANCE - MOWING HWY. 73City of Port Arthur Memorandum TO: Stephen B. Fitzgibbons, City Manager DATE: 07/20/09 FROM: Dr. Albert T. Thigpen, Director of Pazks and Recreatio`i ~ .~~ RE: P. R. 15376 A RESOLUTION AWARDING AND AUTHORIZING THE EXECUTION OF A MOWING CONTRACT BETWEEN THE CPI'Y OF PORT ARTHUR AND SOUTHEAST TEXAS LAWN & MAINTENANCE FOR THE LANDSCAPE MOWING OF HIGHWAY 73; PROPOSED FUNDS: PARKS DIVISION, FY 2009 BUDGET ACCOUNT NO.001-1207-531.31-00. COMMENT Recommendation: It is recommended that the City Council approve P. R. No. 15376 - A Resolution Awarding and Authorizing the Execution of a Mowing Contract Between the City of Port Arthur and Southeast Texas Lawn & Maintenance for the Landscape Mowing of Highway 73; Proposed Funds: PARKS DIVISION, FY 2009 BUDGET ACCOLJN"I' NO. 001-1207-531.31-00. Backeround: The City Council directed staff to obtain bids for the landscape mowing of Highway 73. Bids were solicited and Southeast Texas Lawn & Maintenance Service of Beaumont, Texas submitting the lowest and best bid (See attached Bid Tab). This result remained after the City's 5% Preference Rule was applied. Budaet/Fiscal Impact: Approval of P. R. 15376 which awazds the contract for the landscape mowing of highway will authorize expenditures not to exceed $ 30,000; funds aze available for this purpose, Account No. 001-1207-531.31-00. StaffmQ/Emnloyee Effect: None anticipated. SUMMARY: It is recommended that the City Council approve P. R. No. 15376 - A Resolution Awarding and Authorizing the Execution of a Mowing Contract Between the City of Port Arthur and Southeast Texas Lawn & Maintenance for the Landscape Mowing of Highway 73; Proposed Funds: PARKS DIVISION, FY 2009 BUDGET ACCOUNT NO.001-1207-531.31-00. P. R. #-15376 07/16/09 - ca RESOLUTION NO. A RESOLUTION AWARDING AND AUTHORIZING THE EXECUTION OF A MOWING CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND SOUTHEAST TEXAS LAWN & MAINTENANCE FOR THE LANDSCAPE MOWING OF HIGHWAY 73; PROPOSED FUNDING: PARKS DIVISION, FY 2009 BUDGET ACCOUNT NO. 001-1207- 531.31-00. WHEREAS, sealed bids were solicited for the landscape mowing of Highway 73 on June 14, 2009 and June 21, 2009; and, WHEREAS, bids from five (5) companies were received for mowing services on July 1, 2009 and have been evaluated by the City staff and Purchasing Manager; and, WHEREAS, the bid tabulation is attached hereto and made a part hereof as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct; and, THAT the City Council of the City of Port Arthur hereby awards a mowing contract, to the lowest and best responsible bidder in accordance with Exhibit "A", Southeast Texas Lawn & Maintenance of Beaumont, Texas for mowing of Highway 73 for twelve (12) cuts in an amount not to exceed $30,OOO.OO;and, THAT the City Manager of the City of Port Arthur is hereby authorized to execute on behalf of the city, a wntract between the City of Port Arthur and Southeast Texas Lawn & Maintenance for twelve (12) cuts, in an amount not to exceed $30,000, for mowing of Highway 73 for the Parks Division in the City of Port Arthur, Texas, copies of said contract being incorporated by reference as Exhibit "B" with a complete copy of it being available for review in the office of the City Secretary; and, THAT funding of $30,000 is available in the Parks and Recreation Division FY 2009 Budget Account No. 001-1207-531.31-00; and, P. R. #-15376 07/16/09 - ca THAT the City Council approves the insertion of the clause in the agreement "THAT this agreement can be terminated with thirty days notice if funding is not provided in fiscal year 2009/2010."; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , A.D., 2009, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: A NOES: MAYOR ATTEST: City Secretary APPROVED AS TO FORM: City Attorne ~0 M1( b~~aL~ OF~ 2 P. R. #-15376 07/16/09 - ca APPROVED AS TO ADMINISTRATION: City Manager Director of Parks and Recreation APPROVED AS TO THE AVAILABILITY OF FUNDS: Director of Finance urchasing Manager EXHIBIT A CITY OF PORT ARTHUR TEXAS Bid Tabulation GRASS MOWING ALONG HWY 73 Date: July 1, 2009 NAME OF BIDDER Affordable Lawn Care Joe 's Tractor Service Yards R Us Southeast Texas Lawn & Maintenance Sandra's Enter rises Descri tion Cost Per Cut Cost Per Cut Cost Per Cut Cost Per Cut Cost Per Cut Grass Mowin Alon Hw 73 $ 3,400.00 $ 3,995.00 $ 4,200.00 $ 2,500.00 $ 2,950A0 Place of Business Port Arthur Port Arthur Port Arthur Beaumont Port Arthur Shawna Tubbs, Purchasing Manager /r/~ Date i" EXHIBIT B CONTRACT FOR THE MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2009 by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and SOUTHEAST TEXAS & MAINTENANCE a CORPORATION herein acting by and through Anthonv Young hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payments, terms, conditions, and agreements set forth herein ,OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be from July 28, 2009 to July 28, 2010. 2. The Contractor will perform mowing and trimming and removal of litter and debris on City- Owned & Private-Owned properties along Highway 73 as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies. tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the sum of $30,000 for twelve (12) cuts. 5. The term "Contract Documents' means and includes the following: 1) Agreement 2) Advertisement for Bids 3) Addenda 4) General Information 5) Specification 6) Bid 7) Notice of Awazd 8) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. THAT this agreement can be terminated with thirty days notice if funding is not provided in fiscal year 2009/2010. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of ATTEST CITY SECRETARY Signed on the day of ATTEST 2009 CITY OF PORT ARTHUR BY CONTRACTOR BY 2009 CITY SECRETARY 1 CITY OF PORT ARTHUR ADVERTISEMENT FOR BIDS Parks & Recreation Grass Cutting on Highway 73 June 14, 2009 - CITY OF PORT -:;;= -ARTHUR, TE7(AS %`z ADVERTISEMENT FOR'i .BIDS' NOTICE IS `. HEREBY GIVEN 'THAT -sealed Bids, adtlressetl to ~th'e. 'City bf Port~Arthur, will ~be. received"at the Office of the City Secretary, City :Flail; 444- 4th Street ~or P.0 Bax 7089, Port Ar- thur -Texas -.77fi47~>no .later than ,3:00 P.M.,' `Wednesday, 7:_Juty " i; -2009. and all bids re-. •deived will. thereafteF. be opened and read aloud at X3:15 P.M.. on July y, 2009, in the City Counrl6 `Chambers,-5th Floor,- City Hall :Port- Arthur,=Texas'. for certain senrices bne8y descnbetl as , __ _.-.-. t'w June 21, 2009 ~, recervetl. a£ the Office;.of ~-, -,the City Secretary City .. ~,. HaO, 444--4th Sheet ort,. +PO. Soz.1089,- Port r#r „-. "thur' -7exas ~:77figt bW-.,. Mater ,than',:3:00' P.M., °Wednesday, 'RUuly~p~ v ~~ 2009 and ali, "' served wille~reatter, be opened--and reaCaloutl at":~~. 2009,. in the City Council Chambers; 5tti'Flooi, Cary .>. Hall, Port ~grthur,~,Texas - s" for certain servicesbdefly descnbed as , rived after clos- s Documents aie on file in: She Purchasing ;Office,. ~444~ 4th Street,,City of ,Port Arthur,-and-are open 'tor public inspection with-~ 'out charge. They can also be reMeved tram the Gi-~ .tys webstle ,. ~ wwwocrtarihur net ~. Vie' ..n u...:...... The-City of Part Arthur reserves Me right to re-. ~eci.eny and all liitls and towaive informallties~ -:' /s/Shawna Tubbs Shawna Tuhbs Purchasing Manager. 'ing Ome will~be ,retumed~~-~ rugapened ~ -, ~~.- a... Copies of the ~Specrfica- ~ .~ arons.'and other .Contract - ~ - ?Documents are-'qn file in ~-_ the ;; Purchasing>,-0ttice,' .444-4fhBtreet,`City bf'C' ~~ Port Arthur: and. are open'. -for. public inspection with-.-. 'out ctarge.'They can also - 76ereldevetl;trom the. Ci-- .. ty's webstle - ,: s ~ ~' rLtiurtet,"= A a-:€A~ MANDATORY ~~ PREPRE-SID~- BCHEDULE~` q -_ O Y J ., fHE A7 1-`U DU A M ~~'. - CO FERENGe - Loots LOCAT~p ~Q ,r..- HE STH~~..,. ~ ALL *s~ -,, he, Clty of Port ArthuF serves-MerigM to re-':~. 1 CITY OF PORT ARTHUR, TEXAS ADDENDUM NO.ONE (I) DATE: JUNE 30, 2009 PARKS DEPARTMENT Bid Proposal For: Grass Mowing Along Hwy 73 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. 1. Instead of a 10 foot cut from the shoulder of Highway 73, it is extended to 100 to 120 feet on both sides of Highway 73 from Deadman's Curve to Taylor's Bayou Bridge. 2. Replace the Bid Proposal Page in the bid package with the attached page. Shawna Tubbs, Purchasing Manager DELORIS °BOBBIE^ PRINCE, MAYOR ELIZABETH ^L[Z^ SEGLER, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON June 11, 2009 INVITATION TO BID GRASS MOWING ALONG HWY 73 STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 PM, Local Time, Wednesday, Jaly 1, 2009. (The clock located in the City Secretary's office will be the official time.) All qualifications received will be read aloud at 3:15 PM on July i, 2009 in the City Council Chambers, City Hall, 5`h Floor, Port Arthur, TX. MARK ENVELOPE: GRASS -Hwy 73 DELIVERY ADDRESS: Please submit two (2) complete copies of your bid to: CITY OF PORT ARTHUR CITY SECRETARY P.O. BOX 1089 PORT ARTHUR, TEXAS 77641 CITY OF PORT ARTHUR CITY SECRETARY 444 4TH STREET, 4`h Floor PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed to: City of Port Arthur, TX Shawna Tubbs, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 409.983.8160 Shawna portarthur.net Questions concerning the Scone of Work should be directed to: City of Port Arthur, TX Hazriet Collins, Pazks Maintenance Supervisor P.O. Box 1089 Port Arthur, TX 77641 409.543.1200 Page 1 of 16 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS 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 amves at the above location by specified deadline regazdless of delivery method chosen by the firm. Faxed or electronically transmitted RFO submittals will not be accented. Shawna Tubbs Purchasing Manager Page 2 of 16 CITY OF PORT ARTHUR MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives ofthe City of Port Arthur, Texas and prospective bidders for Grass Mowing Alon¢ Hwv 73 will be held on Thursday. June 25.2009 at 10:00 a.m. in the 5~h Floor Conference Room at Citv Hall which is located at 444 4th Street. The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to 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. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 16 CITY OF PORT ARTHUR GENERAL SPECIFICATIONS 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. The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to prepaze SEALED B[DS IN DUPLICATE for furnishing: GRASS MOWING ALONG HWY 73 Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, and P.O. Box 1089, Port Arthur, Texas 77641. Bids shall be received no later than 3:00 P.M. on Wednesday. July 1. 2009. Bid proposal MUST BE SIGNED BY BIDDER. Bids received after the closing time specified will be returned to the bidder unopened and claims of mail delays will not constitute an exception. All bids meeting the intent of this request for bid will be considered for awazd. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken 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 exceptions}/substitutions(s) deemed to be in the best interest of the City of Port Arthur. Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. The City reserves the right to: 1. Reject any and all bids and to make no awazd 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. Awazd bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price. The awazd shall be made to the responsible vendor(s) whose bid is determined to be lowest offer, taking into consideration the relative importance of price, wnformance to specifications and capability and experience of the contractor. Page 4 of 16 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 wntained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vemon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gigs or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an awazd. 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 awazd 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 moneys under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. Addenda will be mailed to all who aze known to have received a wpy of the ITB. Offeror's shall acknowledge receipt of all addenda. BONA FIDE BUSINESS THAT CLAIMS THE CITY OF PORT ARTHUR AS ITS PRINCIPAL PLACE OF BUSINESS: The official business address (office location and office personnel) shall be a Port Arthur address, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. Page 5 of 16 PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Parks & Recreation Department., P. O. Box 1l)89, 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. 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. 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 ganting 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. CONTRACT: The following will comprise the contract between the City and the successful bidder: I. Agreement 2. Advertisement for_Bids 3. Addenda 4. General Information 5. Specifications 6. Bid 7. Notice of Award 8. Notice to Proceed Page 6 of l6 QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and ageed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. All bids will remain in effect for one (I) year. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, Texas 9'7640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either P~Y• CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The appazent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regazded as meaning that only the best commercial practices aze to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the Bounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Page 7 of 16 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be reiieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. EXPERIENCE & CAPABILITY: Bidder shall include the following information to describe the experience and capability Factors of the company: 1. Number of years in operation. 2. Lazgest project currently in effect with a business. 3. Number of employees currently employed, their job titles, and their job descriptions. 4. Equipment currently owned or leased by your company. 5. Be otherwise qualified and eligible to receive an award. 6. Other companies that you contracted with. If a company wants to receive the award for more than one group, the company must show that it has the equipment and employees to handle more than one group. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to famish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub- contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. Page 8 of 16 INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract 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 maybe liable, of the following types and limits. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occun•ence or $500,000 each person/$500,000 per occunrence 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 wntracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regazdless of contract amount; and, c. Minimum aggregate policy yeaz limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy yeaz limit of $2,000,000 for contracts in excess of $100,000. 2. Commercial Automobile Liability Insurance (Including owned, non- owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits 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 wntain a provision that coverage afforded under the policies will not be altered, modified or canceled unless a[ least fiReen (1 S) days prior written notice has been given to the City of Port Arthur. Page 9 of 16 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. 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. JUNK AND LTTTER If there aze any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, excessive litter, inability to access property, or inability to mow for any reason, the Contractor should bring these matters to the attention of the City's authorized agent, before attempting to mow. 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 the City will be able to contact the contractor. Page ] 0 of 16 CITY OF PORT ARTHUR, TEXAS TECHNICAL SPECIFICATIONS FOR GRASS MOWING ALONG HWY 73 1. SCOPE 1.1 These specifications concern the mowing of grass, weeds and uncultured plants on various City properties, right-of--ways along Hwy 73 from Taylor Bayou to Hwy 82. The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel, and served, to perform and complete all work in an efficient and workman-like manner as specified in the following. 2. WORK ASSIGNMENT 2.1 The Contractor will mow once a month. The Pazks representative will inform the Contractor what week each azea will be cut. Assignment shall begin within 48 hours as to the ageed upon date and completed within 24 hours of start. Time extension may be granted due to inclement weather or other act of natwe only when contractor request for such extension is submitted to the City's representative. The Schedule will have a start time and acut-off time, all invoices will be due the last week of mowing. 3. MOWING SPECIFICATIONS 3.1 Each azea shall be clean cut to a height of two (2) inches using either a flail or a reel mower of sufficient size, and as approved by City's representative. Consideration will be given to equipment with a proven past performance on similar work. 3.2 Area will be cleared of litter, debris prior to any mowing and all cuttings and clippings disposed of in a proper manner at the time maintenance is performed. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 Limits of mowing are defined as the property lines of pazk right-of--way eight to ten (8-10) feet off of pavement. Corners at intersections will be mowed at a 45 degree angle to the intersection for a clear field of vision. 3.5 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. Page 11 of 16 4. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim along sidewalks, curbs, and abutting fences, around poles, signs, pazk appazatus, tables and structures, etc. to a radius of three (3) feet. 4.2 Contractor shall collect and dispose of clippings. No clippings will be allowed in the street. 4.3 Frequency of trimming, shall be determined by City's representative. The normal frequency of trimming is approximately every two (2) weeks for these areas during growing season. 5. HEDGE/I'REE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes, shalt be maintained as requested by City's representative. (Approximately two (2) times a year). 5.2 Contractor will be responsible for the collection and disposal of the cuttings. This will be an one year contract with the option to renew for one additional year for the next two years. Page 12 of t6 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE July I, 2009 Bid Proposal for GRASSrMO~W-ING ApLONG/H~ /WY 73 The undersignedSc~if~l~i9~/~yF~S7~zZCi~ `I J'~I;t~~~~ ~L-~- ,whose principal place of business is ~n ~Pw~rrv~pY/ ~ ~~ ;l ~s ,submits herewith, in conformity with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF BID: COST PER CUT GRASS MOWING ALONG HWY 73 $ ~ j 60 o v Receipt of addenda is acknowledged: No. 1 Dated ~i °Jd d Received ~/ ~ d~ ~i.~~ l.o o~ ~~YfiS ~i'.t.~r "~i <!~r/Tl; ~~3^ /°~rr~ ~ / rctir S ~ CO~~MJJPANY NA~M/E STREET ADD SS SIGNA , ' F BIp]>ER P.O. BOX ~ir>l~~ni ~~~ ~~B-~.yr~j2~- 7eX~5 7 7~G i (PRINT ORiI'YPE N E) CITY STATE ZIP ~wn~- ~~/UR) zl~l~' 0~~'7 TITLE /~ r AREA CODE TELEPHONE NO. t2/ I/d2 I/ D~Et ~ I /4 ~ t`k7 CUty( Eli L BID OPENING DATE: Julv 1, 2009 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to famish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYYIENT TO: COMPANY JxL~'~ R~ ADDRESS ate. CITY/STATE/ZIP ~~.,,,, evc~" ~ l~.XeS ~ 77 rI ~ SEND PURCHASE ORDER TO: COMPANY ADDRESS T D. /~c~Y oZ~a~~ CITY/STATE/ZIP y a.e~ TAX IDENTIFICATION NUMBER SAC) °- L~ 1 LI LO Z'E'r~- E-MAIL ADDRESS Page 14 of 16 AFFIDAVIT All pages in the offeror's bid proposal containing statements, letters, etc. shall be signed by a duly authorized officer of the company, whose signature is binding on the bid proposal. The un/dersigned offers and agrees to one of the following: t/ I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to nay 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 becomeJJdue. NAME OF OFFEROR: ~1~17D 11lJ- 1 ~Gt/1 TITLE ~1~r7P~ , ADDRESS `~L1-10 (~ ~ ~ ~ 3 CITY/STATE/ZIP ~~~ m~,~± l7x ~ 7 ~7~ (J TELEPHONE NUMBER j~C~~~ u 6f ~; 05~`~ _ SIGNA STATE: ~~~~~ . COUNTY: ;-~] U~ SUBSCRIBED AND SWORN to before me by the above named ~n ~_y~~~~ g on this the (,5 ~" f ~ ~ ~,.., day of_~~ 20~ ~ ~"~~ ~~'"~"" '."s N ary Public THIS AFFIDAVIT MUST BE RETURNED AS A PART OF YOUR BID PROPOSAL ~,.~.P CYi1THlA t.Yl~i MlR1TEA Yp Comm1s1t6n ExphE! Moae:c~xr29, 2012 °~e>a/ Page 15 of 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business w9th local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a) with a local eovernmental entity and the person meets requirements under Section 176.006 (a). Bylaw this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7"' business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 17600 ,Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local govern ental enti 2. ^ Check this box if you are filing an update to previously fde$ questionnat e. (The law requires that you file an updated comple ed questionnai ~ with the r riate filing authority not later than T" business day after the date~te originally filed uestionnaire btecomes ' comple or inaccurate.) \\ ~ \ 3. Name of local a government officer wi \ horn filer has mploymeni oil usiness relatio ship. Name ~ f O er ` `t This section (item 3 inclu g sub A, B, C~) must be corn leted for eac officer with whom the filer has an employment or other business relationsh as deft d by Section 76.001 (1-a), ~OCal Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local governme~ t officer nam in this s coon receiving or likely to receive taxable income, other than investment income, from the filer f the questions e? Yes ~ No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes ~ No C. Is the filer of this questionnaire employed by a corporation or other ^ Yes ^ No D. Describe each em loyment or business relationshi with the local government officer named in this section. 4. Signature of person doing business with the overnmental entity Date Page 16 of 16 EXffiBIT C (City of PoK Arthur) (taw Department) (Required Fcrm) (7/8188) (10/5/89) (3/15/90) . (9-8-84) (p.2 P.evised 9/18/SO) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REYlEW AND CITY COUNCIL AGENDA I certfy ;het the contract (hereineYer called 'said contract') affixed to the aGached proposed City Council Resolution No._ is en exact duplicate of an applicable standard form contract (the title of which is shown helow) previously approved by the Law department and adopted as a standard form by City Council Resolution, except for the blanks that have been filed in with all necessary information end except far the changes described below. The title of the applicable standard form contract is [ ] Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/69; 4/28/94 [ ] Non-Federally Funded Construction Contract, Revised 1/5/86, 7/89, 8/69; 4/28/94 [ ] Federal -Professional Services -Engineering Contract, Revised 1/5/88, 5/89 (§10) 7/69/(§6); 10!89; 2/91 (§8) [ ] NornFederel -professional Services -Engineering Contract, Revised 1/5/88, 5/99(§70), 7/89(§8), 10/69; 2/91(§8) (] :CDBG -~Protessional Services -Engineering Contract, Revised 1/5/88, 5/89 (§10), 7/89(§8), 10/89; 2/91 (§8) (] Federal -Professional Services - Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (§70), 7/89 (§e); 10/69; 2/91 (§e} [ ] Non-Federal -professional Services - Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (§; 0), 7/89 (§e); 10/69; 2/91 (§8j [ ] CDBG -professional services - Non-Engineering (Consultant) Contract, Revised 1/5/68, 5/89 (§; 0), 7/89 (§e); 10/89; 2/91 (§e) [ ] Other Standard Form. Contract, described as !allows: The changes are as follows: (Put en x' in [he appropriate (]) [ ] Norte. [ ] The follovnng described provisions et the indicated page, section, etc. of the standard form have been deleted from said contract: - DELETIONS Page Number Where Deleted Provision Is Found On S_ ta~dard For,-n Secticn or Paragraph No. and Caption Which Contains Provision Deleted From Form Subsection or Subparagraph No. and Caption Which Contains Provision Deleted From Form Description of Provision-Deleted Page 1 of 2 (p.2 Revised 9/18/90) (Certificate of Standard Form Contract, page 2) [ ] 'The following described provisicns at tha indicated page, secticn, etc. of the standard form have been altered, mcdified, replaced or oL`terwise changed: ALTERATIONS, AfOD1F1CAT1ONS, RE?IACE;LIENTS, ETC. Page No Sub § or Sub A No. . § or ¶ No. $ Caption $ Ca lion p Where of of Provision Found Standard Form Standard Form on Standard Form which Contains Provision which Contains Provision [ J The following provisions have been added to Said Contract: Page § $ caption sub § $ caption, etc. of said contract Description which contains °f altered, etc. Provision provision; $ i" Description of Standard Farm Alteration etc. Page, Section and Caption Subsection and Caption, etc. of Said Contract Which Contains the Added Provision and Descri fion Thereof I further certify that said attached proposed CiPy Council Resolution contains Lhe following provision: "That said contract is en exact duplicate of a City Standard Form Contract except for the changes described in the Cerlfice[e of Standard Form Contract, a copy of which is attached hereto az 6chibit'B' end is hereby incorporated 6y reference, and said changes ere hereby approved.' I understand that this certificate will be relied on 6y the Law Department in reviewing and approving (or rejecting) as to corm and by~the City Council in reviewing and adapting (or rejecting) said Resolution and Contract. Signed this day of tg Department Head or Assistant City Manger Page 2 of 2