Loading...
HomeMy WebLinkAboutPR 24166: 14 VENDORS FOR GRASS MOWING, AREA A lI/.Ii//:ice city of 4 (»r 1 i'1 1r ut_ Ii•ius DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE-ENVIRONMENTAL HEALTH DIVISION INTEROFFICE MEMORANDUM Date: April 21, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager, Pamela Langford, CPM, Assistant City Manager, Director of Development Services From: Darlene Thomas-Pierre, CPM, Code Compliance Manager RE: Proposed Resolution No. 24166—Awarding Contracts to Fo een (14) Vendors 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 A. Introduction: Staff recommends that City Council adopt P.R. No. 24166, authorizing the City Manager to execute contracts with fourteen (14) vendors for the mowing of Privately-owned and City-owned residential and commercial vacant and developed lots in Area A, an area of the city which includes El Vista, Vista Village, Lakeside, Port Acres and Montrose One Subdivision. Background: Bids were opened on March 19, 2025 for the mowing of privately-owned and city-owned vacant and developed lots in Area A; bid awarded is based on the lowest and most responsive bids. The contractors are: (1) DMJ Landscaping of Port Arthur, TX @ $.0031 per square foot; (2) BST Solutions of Port Arthur, TX @ $.0031 per square foot and $75.00 per acre; (3) K & D Affordable Lawn Service of Port Arthur, TX @ $.0032 per square foot and $80.00 per acre; (4) Mayon Lawn Service of Port Arthur, TX @ $.0033 per square foot and $80.00 per acre; (5) M S Service of Port Arthur, TX @ $.0033 per square foot; (6) SETX Lawn& Maintenance of Beaumont, TX @ $.00339 per square foot; (7) B & N Mowers LLC of Port Arthur, TX @ $0.0034 per square foot and $80.00 per acre; (8) Signature Lawn Service of Port Arthur, TX @ $0.0034 per square foot; (9)No Problem Services of Beaumont, TX @ $0.0034 per square foot; (10) Israel Lopez Lawn of Port Arthur, TX @ $0.0035 per square foot; (11) Valencia Lawn Care of Port Arthur, TX @ $0.0035 per square foot; (12) JL Landscaping of Port Arthur, TX @ $0.0035 per square foot; (13) All In One Lawn Services of Bridge City, TX @ $0.0035 per square foot; and (14) Frank's Trucking of Port Arthur, TX @ $0.0039 per square foot. The bid for Smith's Remodeling was rejected due to a conflict of interest. The per acre costs proposed by No Problem Services and SETX Lawn & Maintenance were considered cost-prohibitive, and as a result, both bids were not awarded. Due to an abundance of high grass in Port Arthur, the Environmental Health Division needs multiple contractors to maintain P.R. NO. 24166 MOWING PRIVATE/CITY-OWNED VAC./DEV. LOTS AREA A 4/21/25 PG 2 OF 2 each area. There are several ties which must be resolved by the casting of lots at the City Council Meeting, Port Arthur vendors are given preference. The bid tabulation follows. Vendors Per Square Foot 1. DMJ Landscaping, Port Arthur, TX .0031 TIE 2. BST Solutions, Port Arthur, TX .0031 TIE 3. K&D Affordable Lawn Service, Port Arthur, TX .0032 4. Mayon Lawn Service, Port Arthur, TX .0033 TIE 5. M S Service, Port Arthur, TX .0033 TIE 6. SETX Lawn& Maintenance, Beaumont, TX .00339 7. B &N Mowers LLC, Port Arthur, TX .0034 TIE 8. Signature Lawn Service, Port Arthur, TX .0034 TIE 9. No Problem Services, Port Arthur, TX .0034 TIE 10. Israel Lopez Lawn, Port Arthur, TX .0035 TIE 11. Valencia Lawn Care, Port Arthur, TX .0035 TIE 12. JL Landscaping, Port Arthur, TX .0035 TIE 13. All In One Lawn Services, Bridge City, TX .0035 TIE 14. Frank's Trucking, Port Arthur, TX .0039 15. Smith's Remodeling, Port Arthur, TX REJECTED Vendors Per Acre 1. BST Solutions, Port Arthur, TX $75 2. B &N Mowers LLC, Port Arthur, TX $80 TIE 3. K& D Affordable Lawn Service, Port Arthur, TX $80 TIE 4. Mayon Lawn Service, Port Arthur, TX $80 TIE _ 5. SETX Lawn& Maintenance, Beaumont, TX $130.00 NOT AWARDED _ 6. No Problem Services, Port Arthur, TX $150.00 NOT AWARDED 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. 24166 thereby authorizing the City Manager to execute fourteen (14) contractual agreements between the City of Port Arthur and (1) DMJ Landscaping of Port Arthur, TX @ $.0031 per square foot; (2) BST Solutions of Port Arthur, TX @ $.0031 per square foot and $75.00 per acre; (3) K & D Affordable Lawn Service of Port Arthur, TX @ $.0032 per square foot and $80.00 per acre; (4) Mayon Lawn Service of Port Arthur, TX @ $0.0033 per square foot and $80.00 per acre; (5) M S Service of Port Arthur, TX @ $.0033 per square foot; (6) SETX Lawn & Maintenance of Beaumont, TX @ $.00339 per square foot; (7) B & N Mowers LLC of Port Arthur, TX @ $0.0034 per square foot and $80.00 per acre; (8) Signature Lawn Service of Port Arthur, TX @ $0.0034 per square foot; (9) No Problem Services of Beaumont, TX @ $0.0034 per square foot; (10) Israel Lopez Lawn of Port Arthur, TX @ $0.0035 per square foot; (11) Valencia Lawn Care of Port Arthur, TX @ $0.0035 per square foot; (12) JL Landscaping of Port Arthur, TX @ $0.0035 per square foot; (13) All In One Lawn Services of Bridge City, TX @ P.R. NO. 24166 MOWING PRIVATE/CITY-OWNED VAC./DEV. LOTS AREA A 4/21/25 PG 3 OF 3 $0.0035 per square foot; and (14) Frank's Trucking of Port Arthur, TX @ $0.0039 per square foot. The contractors must submit proof of insurance. DTP/vc CC: Pamela Langford, CPM, ACM- Operations/Director of Development Service 111 P.R.NO. 24166 04/21/2025 VC RESOLUTION NO. A RESOLUTION AUTHORIZING ONE(1)YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND (14) VENDORS: (1) DMJ LANDSCAPING OF PORT ARTHUR, TX @ $.0031 PER SQUARE FOOT; (2) BST SOLUTIONS OF PORT ARTHUR,TX @$.0031 PER SQUARE FOOT AND $75.00 PER ACRE; (3) K&D AFFORDABLE LAWN SERVICE OF PORT ARTHUR,TX @$.0032 PER SQUARE FOOT AND $80.00 PER ACRE; (4) MAYON LAWN SERVICE OF PORT ARTHUR,TX @$.0033 PER SQUARE FOOT AND$80.00 PER ACRE; (5) M S SERVICE OF PORT ARTHUR, TX @ $.0033 PER SQUARE FOOT; (6) SETX LAWN & MAINTENANCE OF BEAUMONT, TX @ $.00339 PER SQUARE FOOT; (7) B & N MOWERS LLC OF PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT AND $80.00 PER ACRE; (8) SIGNATURE LAWN SERVICE OF PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT; (9) NO PROBLEM SERVICES OF BEAUMONT, TX @ $0.0034 PER SQUARE FOOT; (10) ISRAEL LOPEZ LAWN OF PORT ARTHUR,TX @ $0.0035 PER SQUARE FOOT; (11) VALENCIA LAWN CARE OF PORT ARTHUR, TX @ $0.0035 PER SQUARE FOOT; (12) JL LANDSCAPING OF PORT ARTHUR , TX @ $0.0035 PER SQUARE FOOT; (13)ALL IN ONE LAWN SERVICES OF BRIDGE CITY, TX @$0.0035 PER SQUARE FOOT; AND (14)FRANK'S TRUCKING OF PORT ARTHUR, TX @ $0.0039 PER SQUARE FOOT FOR GRASS MOWING SERVICES OF PRIVATELY-OWNED AND CITY-OWNED VACANT AND DEVELOPED LOTS IN AN AREA OF THE CITY DESIGNATED AS AREA A, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $100,000.00. FUNDS ARE AVAILABLE IN GENERAL FUND ACCOUNT NUMBER 001-13- 039-5470-00-50-000 (OTHER CONTRACTRUAL 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 in the Port Arthur News on February 22, 2025 and March 01, 2025; and WHEREAS,the City received fifteen (15)bids on March 19,2025,per Exhibit A; and WHEREAS, the bid for Smith's Remodeling was rejected due to a conflict of interest in Area A; and WHEREAS, the bids for acreage submitted by No Problem Services and SETX Lawn & Maintenance were considered cost-prohibitive, and as a result,both bids were not awarded; and p P.R. NO. 24166 04/21/2025 VC WHEREAS,mowing assignments will be given to the awarded contractor with the lowest awarded contract price for Developed Area A that is available at the time; and WHEREAS,the list of successful bidders is attached hereto as Exhibit`B"; and WHEREAS, the City received identical bids for contractors as shown in Exhibits `B-3" and`B-4"; and WHEREAS, Section 271.901,Texas Local Government Code states the lowest bidder by casting of lots in the case of identical bids to determine position in rotation; and WHEREAS,the contract is for one(1)year with the option to renew for two(2)additional one(1)year periods; and said contracts are attached as Exhibits C through P. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That,the facts and opinions in the preamble are true and correct. Section 2. That, for the purposes of this Resolution, Area A is that area of the City which includes Port Acres, El Vista, Vista Village, Lakeside, and Montrose One Subdivisions. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City of Port Arthur, contracts with(1) DMJ Landscaping of Port Arthur, TX @ $.0031 per square foot; (2) BST Solutions of Port Arthur, TX @ $.0031 per square foot and $75.00 per acre; (3) K & D Affordable Lawn Service of Port Arthur, TX @ $.0032 per square foot and $80.00 per acre; (4) Mayon Lawn Service of Port Arthur,TX @ $.0033 per square foot and $80.00 per acre; (5) M S Service of Port Arthur, TX @ $.0033 per square foot; (6) SETX Lawn & Maintenance of Beaumont,TX @ $.00339 per square foot; (7) B & N Mowers LLC of Port Arthur,TX @ $0.0034 per square foot and $80.00 per acre; (8) Signature Lawn Service of Port Arthur, TX @ $0.0034 per square foot; (9) No Problem Services of Beaumont,TX @ $0.0034 per square foot; (10) Israel Lopez Lawn of Port Arthur, TX @ P.R. NO. 24166 04/21/2025 VC $0.0035 per square foot; (11)Valencia Lawn Care of Port Arthur,TX @$0.0035 per square foot; (12) JL Landscaping of Port Arthur , TX @ $0.0035 per square foot; (13) All In One Lawn Services of Bridge City,TX @ $0.0035 per square foot; and(14) Frank's Trucking of Port Arthur, TX @ $0.0039 per square foot for the mowing of Vacant and Developed lots located in the area designated as Area A, in substantially the same form as attached hereto as Exhibits C through P respectively. Section 4. That, in the presence of the governing body, and in a manner prescribed by the Mayor, lots were cast and the official order of rotation after casting of lots is attached hereto as Exhibits B-3 and B-4. Section 5. That, a copy of the caption be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED on this 6 day of May, A.D., 2025, 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: APP S T ORM: SHERRI BELLARD,TRMC CITY SECRETARY ROXANN PAIS COTRONEO CITY ATTORNEY 0APPROVE I I ' AI M ,' _ ' , TION: RONALD :UR ,,�' PM, CITY MA • " P.R. NO. 24166 / 04/21/2025 VC 6144,--/- fae, PAMELA LANGFORD, CPM" ACM-OPERATIONS/DIRECTOR OF DE LOPMENT SERVICES t E T - , C M C DE COMPLIANCE MANAGER v 6PROVED AS TO AVAILABILITY OF FUNDS: Jc e.�� LYNDA"LYN" BOSWELL, MA, ICMA-CM FINANCE DIRECTOR CLIFT• WILLIAMS JR., CPPB PURCHASING MANAGER „ o s. a = 0L o © a> ce3 � � „ py o00 000 0 �C = y p C ,, cn ss z E+ CC u � A ).40 c ;. d <LeCA Q a L a• , fzj 'o „ „ L o 0 oC. v Lcv � v A 4COd oW a. es 7. pyc o 44 CC� Aao ° U „ s. '3lati v an 4. a. > Q b � 73 c c ? O � ; ai ai 14 04 z „ 4~ o 0 o X esc .,., z z z E-1 o yAa0 S E w E a U `tJ TS Q L CA \O 00 t a) r.� C. > u Q 0 0 o a ea 0O � py cA 3A "C W � ; „ 0 0 0 W :t'W c° cc‘il w O ^C L u C CI L N W a) 4 > Q Q :'d b b x, c E c -= ea c ° O � a 's •m w • +. o d ee f: , w m 2 c es a a 4.1 a z z z H 0 _ y � AaO ,-, E'• E, -48 ; tin eq.. p,,, a >• a, C C0O < pa W 0 O c � V � � ao o z Z [�_ aa3 = Pa A U o ° c.a o. > Q � g 71 TZ ° ° O d t ;4 o ac z w cn a) p. 0 00 0AW es ; o = z z X > AaO c H 0 „ M C(/1 C Q 4 154 o Pa P, cs > y z o z ›- AaO U 0. o �{ Ed e¢ Q A A , L I O { v Q '' a' au L c c oC � L m 72 oci, go Q. - w m 44 Qy O s O H ,WI > Aao 0 Z Z CI > t ea d 0 ... C. C u im c c a, A ea ;• A d a o 0• 0 > qa0 U �' ' z a.. L > b b b ... COd y GG a1 U CnT> .� a, pa 0 0 o X > Aao 0 Z Z z w n a z W L wi. y d L cD � A na / 0ea o a gA a o vs 'V A uy °" od OU , Aa © AN'W c FM V Q O N x., C• 04 ,, U N 0 ti d 0 o y 0 .0 2 C Q.o - y c o = H0 o � w CLIM Z � a, " � o a s, �, 0 `" 0 e o o a " ° d F A a O o .LS O e en R ct C U .s , H >, ago . ; a a � y y al a as > x E. E�- a `L .a L CA M M y �, a � �0 0 �p° � a o o as '" o 0 0 c > V :� • o0 0 44 4 z F., en of c pq A a U MO 0 L = o O d , as as as APO = ao a 0 z z H A © CA y UL. 0 4 y ›, Q23a C r e i 1.1 0 0 -o a; R c. ; eJ Co o o �' Rs1od y 0 C z � � = o 68 48 a>i � U A 0 0 Q W w y a.) act 4) W (3.i 'd 1 -,c .4A Z o CZ * w Q ai N e,4A U ~ d d Q aU 1. 5 0O - ` is c• a1 U u . a py O N O C R Z be � � AaO U › os w " c4 a3a, .aI. - v, 49 r"' a' o 04 u t o o . a R R y W C C d. ea A 69 AAaU u. 03 Is t V. dU ;b b b y 0., > U 'a " a x u > C o z z > A ,.a0 o 6) C.) 0 = w h r O L W W ;, a) .a s/. ", tel y SJ R �+ C. C a� y O O C�, C A a 4 u D , a c c• o o A C/ � oo o VI VI z X v in o > Aa U W t'at o o CO oi• o L o u p C O O al al 0 L' -. L O Q r-. cesV ; y yO O r-O� h '= _' t at ec z IA L > A )4 O C Z Z Z FX-� M i .c cc cgO ^C raM 'E U '0 d a, W cZ a f� ,7 c x :oCfl :v O .. L. G. C C C V M w a � �0 el R ;, p � a o 0 0 �" O o � V ,c > A o 0 o z z 0 U a �: 44 c >° j C4 b C :v . 0 Cc 0Od a ca oG Ad CA 0.i a a> o •4 0 i" Z X `' > q *4O c F, c4 U ii O Et t :o c _:o c a0 ee p. u p., c el ° � z EA 0 ai U A 0 0 X ¢ w O pa w y L vs a) A A o 0z F _ zw Q 8• _ N MUG Ou r 'L� h� Q Q .a v 4 1 u y a4 O u Fa +. c. U. u d -o ti a:en 0 o a, s, s. GG 'CO CQ o u u a o 0 0 �C a• ata0 z z z F A yril0 U a as ;mo *4 ql la L e, rF 0 0 0 XI CI qa 0 U d s9 s > as s.1 a�i ai 6, u h.eD R ° O d ; m as ca p zo 0 o X s u „ 4d y 3 y z z� > Aao o 6 E a U y 3AU a L L rpl a o 0 Q 9 V - � W R C oOQ u o 0 Cq a. y4 u A o 04 5 v, y p' O o H vA ON ram' > Aa ° 4 4 z d © O U a 04 ,, L) o w O ^O I. el i E-+ o u 1.1 Q c i o e4 d su. u rn r O O W as0 .. o 0C - y 07 0 W o of .� ifi IA z E >El 7.1 w G 0, o 0 0 C 64 �/ E'� O �. O N y > Cl a O p z �' Z ed 4-1 cs U 3 a ,a O a' a' c Gq °' o � 4z°44 R ; o o o z c > Aa ° UU . T 0 au a, Ct :a U 0 pOd L Qa M Pa A XI � C m ae p; 0 0 0 >C R ; o = .4.. z z z E- vi > A *40 o c U 4 a .44 c4 � ati ci) od�O a a m A. R ; o cy y oG9 z > A ,.4O U 0 w W as,' ¢ Q W z ,__,7 :-.1 d 3 D O OW Q p= Q a 4 C. y LL > U 0 C a0a '- a4 CO a a U 0 n c z ; 01 b �. d wcil ° •a o 00d' 4 as o W s. y y 0 p O w > A '� ° z z I 1 ay L j 1" o° dd L pa `"'.0 oa ai o Ix U ; = W sue. u t W o� u-a � 8 °' ` a 7 c. > s M ti a G co d ° f� c i4 a' pAU A �c R ' = o z z A > q ,10 Uin w ka 6" o• U C RS y N W a Ca tL u gc,dtrt WI CLos .01 • v coca ai o 0�i = w� Q c4M z3 ' a = a 0 z o tn O. •V! In L U 0 = N� F+ E"'' >'° = 6'°a, A z a. O O o � V ^o; " as 4 o = c z 0 CD 0 oo °�3 0. > C.) 'Li ;v -c � . M R ° Od ; W ca rya AW ° eass � oc . z z z X y' > Aa ° o a 1-7 Sr C.) z 44 t. as c A > O A( � z oR y U `fl> Ao a. a o 0 S a) ad � A 41) a � o -----)1; 0 Z P. xA U _ -~ N M Q Q Q I, 1 CD S. o U4 u d'L o 0o v �, iu avOyy o 00a > p 00_ .�. � � z x S. � A4.10 o w o C.) c4 *el .aOd 4 c o as 0. = R t o = 6 6 z 0 ue?3a�iaai � d u �, O. > C.) 0 0 -0 a Od , c c sli R o o = w z H c > Aa0 U ,: El W ,a et a re u Od o 0 oa v) 3 A U A R y o 0 a c z "4 Cc-5— in A > A .aO U �M a c ca C � a V N W p. > u d :o :c :0 x • L. o " ea a o O d t as Pias = = � w vsM Z el d ". 0 �" 0 Z Z FX N ,- = o •° y = > Aao o ,; E 4 El . 61N E. U .0 a aat � � x � .so M o a. R r.+ CL > u S. M M Q. Lz i I. ea t. �. I. = 0 0 d 0 0 o pj 0 , CVO Gz, R > +1 c . o o Z L Q 0 y `TI LA L d 'C 'D -C7 u .�. G > u a 0 d s. as as 'al .. •0 R 9 y y 0 O O Aar cAR ; o = �" z z z x = > A4O o (' U ' ea COv j a = w al a q$ CD 0 a4 .b -° O 0 ^ > ao aG u o u > Od -..ciso o Z d > 0.) o U 64 a g Q gcl w o to c w ;1. d 0 w A o ��++ � G - N M A V dd a O o 0 „, A.., 0.i L y �' O O ... Fli R • ; L. 4.y 0 0 L0 E a U � -c x° a?3 � 0 � � . n 0 0 W o a ° > u A; o o a � � � z cc� � Ody66z v� = A ' > q ., U 69 ER © L) a E-0 0 Pa g N '° OID coc. U d' c °' d o o © y CL L y y U o 0 0 0 a o L vi v1 vi o , c = L . u > Od a+ N N b O L C v - a ee y 4+ 69 69 69 X c% N F a cQ s, o ^0 o > q4 o F" N <,., a p p ° U cV o g r. a� ° ~ Ca ° F� V,..11.) ° a ¢ tE CS O ;� W a CI •• 8 v.1 C23 � O rf o a. }+ C y R. L y L M M M a. M W • •• = ^ G) z C O co L O O O O ,'i V QI O co O O L . ' C. v O d o 0 0 CL, O z c EA6464 o > U .� �-� an o?j c 14 A a U U — zs a) a> O Cr U L" "I O V G c, a+ 4S. L y "ci C .d M a •O R o V 14 p .act A 0 m eea ° y z z H L' > A O O r �. e) a � w ia d :4.. C. L y L : M b a„ '�C en Ry > gel w e y ao CI 6. O o u A, A a U cD O a 3 o Q w •o --- -AT)) -�c o ~ 0 z Q z ., N MD UA a ei0. -et -eC � C'• 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: https://www.ethics.state.tx.us/filinginfo/conflict forms.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 601 f 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 B EXHIBIT B- 1 ENVIRONMENTAL HEALTH DIVISION MOWING OF VACANT AND DEVELOPED LOTS IN AREA A SUCCESSFUL BIDDERS CONTRACTOR EXHIBIT PER SQUARE FT DMJ LANDSCAPING,PORT ARTHUR,TX C S0.0031 BST SOLUTIONS,PORT ARTHUR,TX D $0.0031 K & D AFFORDABLE LAWN SERVICE, E S0.0032 PORT ARTHUR,TX MAYON LAWN SERVICE,PORT ARTHUR, TX F $0.0033 M S SERVICE,PORT ARTHUR, TX G $0.0033 SETX LAWN & MAINTENANCE,BEAUMONT, TX H $0.00339 B & N MOWERS LLC,PORT ARTHUR,TX I $0.0034 SIGNATURE LAWN SERVICE,PORT ARTHUR, TX J $0.0034 NO PROBLEM SERVICES, BEAUMONT, TX K $0.0034 ISRAEL LOPEZ LAWN,PORT ARTHUR,TX L $0.0035 VALENCIA LAWN CARE,PORT ARTHUR,TX M $0.0035 JL LANDSCAPING,PORT ARTHUR, TX N $0.0035 ALL IN ONE LAWN SERVICES,BRIDGE CITY,TX 0 $0.0035 FRANK'S TRUCKING,PORT ARTHUR,TX P $0.0039 EXHIBIT B -2 ENVIRONMENTAL HEALTH DIVISION MOWING OF VACANT AND DEVELOPED LOTS IN AREA A SUCCESSFUL BIDDERS CONTRACTOR EXHIBIT PER ACRE BST SOLUTIONS,PORT ARTHUR,TX D S75.00 B &N MOWERS LLC,PORT ARTHUR, TX I S80.00 K& D AFFORDABLE LAWN SERVICE, E $80.00 PORT ARTHUR,TX MAYON LAWN SERVICE,PORT ARTHUR, TX F $80.00 SETX LAWN & MAINTENANCE,BEAUMONT, TX H $130.00 NOT AWARDED NO PROBLEM SERVICES,BEAUMONT,TX K $150.00 NOT AWARDED EXHIBIT B -3 ENVIRONMENTAL HEALTH DIVISION MOWING OF VACANT AND DEVELOPED LOTS IN AREA A SUCCESSFUL BIDDERS CONTRACTOR ORDER OF PER SQUARE FT ROTATION DMJ LANDSCAPING, PORT ARTHUR,TX $0.0031 TIE BST SOLUTIONS,PORT ARTHUR,TX $0.0031 TIE K& D AFFORDABLE LAWN SERVICE, $0.0032 PORT ARTHUR, TX MAYON LAWN SERVICE, PORT ARTHUR, TX $0.0033 TIE M S SERVICE,PORT ARTHUR,TX $0.0033 TIE SETX LAWN & MAINTENANCE, BEAUMONT,TX $0.00339 B & N MOWERS LLC,PORT ARTHUR, TX $0.0034 TIE SIGNATURE LAWN SERVICE,PORT ARTHUR, TX $0.0034 TIE NO PROBLEM SERVICES,BEAUMONT,TX $0.0034 TIE ISRAEL LOPEZ LAWN,PORT ARTHUR, TX $0.0035 TIE VALENCIA LAWN CARE,PORT ARTHUR,TX $0.0035 TIE JL LANDSCAPING, PORT ARTHUR, TX $0.0035 TIE ALL IN ONE LAWN SERVICES,BRIDGE CITY,TX $0.0035 TIE FRANK'S TRUCKING, PORT ARTHUR,TX $0.0039 mr EXHIBIT B -4 ENVIRONMENTAL HEALTH DIVISION MOWING OF VACANT AND DEVELOPED LOTS IN AREA A SUCCESSFUL BIDDERS CONTRACTOR ORDER OF PER ACRE ROTATION BST SOLUTIONS, PORT ARTHUR, TX $75.00 B & N MOWERS LLC,PORT ARTHUR, TX $80.00 TIE K& D AFFORDABLE LAWN SERVICE, PORT ARTHUR,TX $80.00 TIE MAYON LAWN SERVICE, PORT ARTHUR,TX $80.00 TIE SETX LAWN & MAINTENANCE, BEAUMONT, TX $130.00 NOT AWARDED NO PROBLEM SERVICES,BEAUMONT,TX $150.00 NOT AWARDED EXHIBIT C CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNEEk,_ VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 DMJ LANDSCAPING,herein acting individual, firm,partnership or corporation by and through Preven Jones, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0031 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, CPM, City Manager Signed on the day of 2025. DMJ LANDSCAPING BY Preven Jones ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids • Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots .. February 22, 2025 March 1, 2025 PUBLIC NOTICE ,i,"�, ����a s s Ti-�' l .. x � ..ram fi�:. ,,,: ,K� -34 a'F :„k _. 19 ..( `` *41 a € A- a t� as TX: a $.a ;s t -". .4-= Z42 2J�'r'd r1 -- -n- 1 t )' - a s seas u- w v�_ ;.,- ,,�,{40-01F� _ s ,offs i .4 xr t1 -f �. a 1 al v g ! u �0 ' xc"' ? e t. ,�,,,� -fig �'u .° s -4.s _ a^„ E��_ct`,t:ll s„s.of qth .. a , . sx a j and. _ k „,z.„1 , " �x,, .terra -z.<�+�. i �'. _ , v'� r' r x ,.,..:i.-::,„.a Y- xg Wit. x - n-s r -�, x� sCo ienj ;.0 t r a 1 v n s s 1 e a '1_ m z } r ?� F � y� > - Q 4u`i' 3r` a-� -^F e:tY-. . . 5� '_LlC'x. .,A4r11 3rya_2 to a,il �.5: t- LSVaP • w. . 4 �.• a 9 . 8 a € 5A as + a of 0 r4 ' a J 1 i�'"°T ..-,7' o'•-ae mask i. gyp,,, f ^r 8 as 1rz t sa i� ea,) ,, t a 3 a % "sue s c� v a is 15N t ,�+-�-# - ',s su - 1 r a 44 f 6,k4` 5 r .�.- 'ti- >z x-Y-a¢: aca:, c,a.^ r-a .s,� =-a 4t, - I.s a-V-tt Sy 4f> y ara ,� ;a r a}' PUBLIC 3`OTius ^. A f VdERTISEMENT FOR-f IOS 3 __w__r_ ,. o '70. t e. ed t , Cft �n"I'be received at e of 9. 'r 1a,� ��eforC Os t F or,Texas ro,-nit 4W0� ` � a 02 at IL sce �e erbe oaenad a_u i �= � �ri�dnes � �25 € Go rrctl(Chambers,5 n Proof.,l tall,PortArfhur,.Texasfir er�ncbs, e ds cnbe as: ,,,,..: W F CITY O'.d11E0'PRIV?`FFi" DINNED!ED�-1 NT&iDE'�EiLOPED EOI'S •f. _ .' .. • deadline stated above,regardless of met.hoe of delivery.,v4ilt not b..cons+d�.ed 1 sand e€urned'unope d. apes o theS �: fan , e€ t fe- efl ultteP aing Oface, . 4tti Str Qs;City of Por ii'"per2 ctnss'ec�T onctfa Wy can also be' sieved from the City's ueb a portar4 ov b ds aspx or ,bv‘.picl>Epu chase.cor. -r ULE RD PC6v2 A- NON MANDATORY PRE BID dEETii IS ScHE-Q DF fs `, 1rf ,25 40:00 A.P,1:AT Ci T`l HA!'_5 - COUNCIL- C ;RS,44?-'4 I s S i REi=i,PORT,ARTHUR,TEXAS ri Per Chapter 2 Article VI Sec.2-202tC)of the Ci:-s Code of Ordinance.the City Council shall not .',---1 a con7act to a company that is ir,arrears i;its obligators to the City. 2:Crr =rcha7'II,iti+agar i Y -F cg Y Ir -CITY OF PORT ARTHUR,TEXAS t rthu ADDENDUM NO. ONE (1) % tirTel,“ March 10, 2025 BID FOR: GRASS MOWING OF CITY OWNED & PRIVATELY OWNED VACANT&DEVELOPED LOTS BID: P25-030 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. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground. Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams Purchasing Manager 3//7A2 5 ignature of Proposer Date f Lon Company Vendor Name 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 required for vacant lots over V2 acre. 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 required for vacant lots over lh acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" 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 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting 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 required for vacant lots over 1/2 acre. 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 1/2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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. 1st 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 BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in.Areas A..13 C.DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT & VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREAA $ $ 2 AREASB-E $ , 0Q3q $ 70.. 00 3 AREA F $ Award will be basedonid price,crews,and equipment. Pt/ L1131 1-11/0-5 f-xcidek OJT COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX ?re Ev J2o Afrt ,,, Tx( 7-76 ,4,2 OR TYPE NAME CITY STATE ZIP kin C '.D ) WI - (417 TITLE AREA CODE I'bLEPHONE NO 124 Ev rfri 1. Y,-17ac. CLham-, EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower 5 Weedeater N/A Hedge Trimmers N/A Walk Behind D N/A Chainsaw N/A Blower N/A Edger N/A Number of Employee that will mow the Lots 3 /7 9 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 sect., 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: ry<6,6 Son Title: 0 LA.) C K Company: kl 9 _S Liz/K-)- Date: SUBSCRIBED and sworn to before me by the above named LftrafeRi J` , on this the 17 day of TA hACAA, , 20 5 . elytru,„ ary Public in and for the State of Texas My commission expires: (/ / -7 1 t Notary Public,State of Texas IN,, y= Comm.Expires 11Aay 4,2027 'rF or,z�tQ' IA#70077445 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 and signed offers and agrees to one of the following: 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. '-) p -5- 1,--, "Iv)o S(- Pri)-75 3// / ,2 5 _ F r me Date l/------- OU11/ I< Authorized Signature Title le-lb'6/ 3 -y(p / Name(please print) Telephone pito/011 'V e fil" e - C 6 Email STATE: (,e)oor COUNTY: ..� - 6)✓ SUBSCRIBED AND SWORN to before me by the above named r stvlu 3 on this the f i day of IklitA.Cit ,20 j ,,...,aYFPQ@, TUYET MAl $ g-Vra 1 =r "=Notary Public,State otTexas 3�,• �h Comm.Expires May 4,2027 Public ' _ •,'rF OF:il' ID K 10077445 i 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 o the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordant.with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by ection 176.001(1-a)with e local governmental entity and the vendor meets requirements under Section 1 6.006(a). By law this questionnaire must be filed with the records administrator o the local governmental entity not later than the 7th business day after the date tf.e vendor becomes aware• facts that require the statement to be filed. See Section 176.006(a-1), Local G.vernment Code. A vendor commits an offense if the vain or knowingly violates Sectio 176.006, Local Government Code.An offense under this section is a misdem-anor. J Name of vendor who has a bu.iness relationship with ocal gover en al entity. J ri r h=ckthis box if you•re filing an update to a r reviously 'I=•que tionnaire.(The law requires that you file an updated i am.eted questionnai e with the appropriate f ing author y •of lat-: than the 7th business day after the date on which ou b:came aware th:t the originally filed q -stionnair_ w•:s into pieta or inaccurate.) a' Name of local t overnment !nicer about whom t r e informa,o is bein, disclosed. Name of S i -r J Describe each e •loyme t or other busine relations ip with the •cal government officer,or a family member of the officer,as describ.• by Se tion 176.003(a)(2 A). Also d s, i•- - y fa ily relationship with the local government officer. Complete subparts • and o-for each employ ent or bus•--s relations ip described. Attach additional pages to this Form CIQ as necessary. I , 1 A. Is the loc.! go ernment o 1,cer or a family ember of the o icer receiving or likely to receive taxable income, other than invest -nt income: from the vend. ? I Yes No B. Is the vendor re riving or ikely to receive taxable income,other th investment income,from or at the direction of the local government offi -r or a family member of the officer AND the taxable income is not received from the local governmental entity? 7Yes No I J bescribe each employment or busin ss relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect which the local government officer serves as an officer or director,or holds an ownership interest of one percent more. P I p( P D r fin t' flCheck this box if the vendo�rihas given the local government officer or afamily member of the officer one or more gifts as described in Section 1�6.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J Y/ /'7 /,',...5 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage II of LJ fl T • CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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 govemment 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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130,2015 Page 18 of 25 3 /r-7/ 5 SB 252 CHAPTER 2252 CERTIFICATION ?K t VC() Dn e _S ,the undersigned an representative of Lfl S (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. Pie ClICAI :5—orve Name of Company Representative (Print) Signature of Company Representative '3,07/ $ Date Page 19 of 25 House Bill 89 Verification I, ? € / 0 :X e (Person name), the undersigned representative (hereafter referred to as "Representative") of V (11 1- (A nO S C- .5 (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 fo 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. 11,.............„--- ,s2.--------------- SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I7 day of 11,4 .(4 , 202-VT r PCV6U: ary Public =• :;:,s Y_. ,::", TUYET MAI *:— *_Notary Public,State of Texas ..�'. .',j Comm.Expires May 4,2027 9ie of,to+'` ID ft 10077445 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: https://www.ethics.state.tx.us/filineinfo'conflict forms.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 defmition 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 fmal 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 CERTI.F'ICATE 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 CERl'IFICATE 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 CON TRACTOR. 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 CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 BST SOLUTIONS, herein acting individual, firm, partnership or corporation by and through Solomon Tyler,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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0031 per square foot and$75.00 per acre. 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 D 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. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. BST SOLUTIONS BY Solomon Tyler ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. I I CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall, Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT 8,DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS IPer Chapter 2 Article VI Sec.2-262(C)of the City's Code or Ordinance,the City Council shall not !award a contract to a company that is in arrears in its obligations to the City. Clifton Williams OF PORT ARTHUR,TEXAS Purchasing Manager WERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444: 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be', retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.pubiicpurchase.com. jNON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 6,2025 AT }10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. ��,•: . Clifton VrTi€Iiiarits Purchasing Manager 5 -CITY OF PORT ARTHUR,TEXAS cav of --- �' - ADDENDUM NO.ONE (1) ort ratur rrkac March 10, 2025 BID FOR: GRASS MOWING OF CITY OWNED & PRIVATELY OWNED VACANT &DEVELOPED LOTS BID: P25-030 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. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground. Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 1) !i Clifton Williams Purchasing Manager 3/10/2025 S' ature of Proposer Date BST Solutions Company Vendor Name 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 required for vacant lots over %acre. S. Large amount of Mowing. Area A2: 1. El Vista, Vista Village, Lakeside, and Montrose 2. Area"AT 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 required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"Bl" 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 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting 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 required for vacant lots over 1/2 acre. 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 Y2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERivIINATION: 1. lst 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 perfoini 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 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 12,2025 ITEM AREA TO VACANT& VACANT & NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE I AREA A $ .0031 $ 75 2 AREAS B-E $ .0031 $ 75 3 AREA F $ .0031 $ 75 Award will be based on bid price,crews,and equipment. BST Solutions 230 Amy St. COMPANY NAME STREET ADDRESS 4)2fiali SIGNATURE OF BIDDER P.O.BOX John Barnes Port Arhur TX 77640 PRINT OR TYPE NAME CITY STATE ZIP Owner 409-293-0092 TITLE AREA CODE TELEPHONE NO jbarnessadler@bstsolutionsllc.com 346-770-2535 EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog 3 Qty2-5ft; Qty1 -7ft; Qty1-20ft Zero Turn or Riding Mower 2 60in Weedeater 4 N/A Hedge Trimmers 3 N/A Walk Behind 1 N/A Chainsaw 3 N/A Blower 1 N/A Edger 4 N/A Number of Employee that will mow the Lots 2 3/10/2025 ignature 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 NameAohn Barnes Title: Owner Company: BST Solutions Date: 3/10/2025 /514(--/ SUBS,CRI1BD and sworn to before me by the above named on this the day,4--7 kzent , 20 4. eft otary Public in and f e State of Texas <►QY"�e MISHONNIE BARNES Notary 10#133333882 � 4,.'7/� My Commission Expires My commission expires: ''eu•�* September 15, 2025 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 undersigned offers and agrees to one of the following: X 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. BST Solutions 3/10/2025 Firm Name Date Owner Authorized Signature Title John Barnes 337-378-3205 Name(please print) Telephone jbarnessadler@bstsolutionsllo.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named J914,1�/ 'S on this the day of -,C f>, ,20 . 4&?t4J • :iiONNIE BARNES otary Public vID#133333882 :ommission Expires 5 2025 FIDAVIT 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. Name of vendor who has a business relationship with local governmental entity. BST Solutions Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated 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.) 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 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 X 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 X 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. gl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts 1 as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J 3/10/2025 Si ature of vendor doing business with the governmental entity Date 111 Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130.-2015 rage i i or 4a CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ DocsfLGfhtm/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)A vendor 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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1 113 0/2 0 1 5 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION John Barnes ,the undersigned an representative of BST Solutions (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. John Barnes Name of Company Representative(Print) ignature of Company Representative 3/10/2025 Date Page 19 of 25 House Bill 89 Verification I, John Barnes (Person name), the undersigned representative (hereafter referred to as "Representative") of BST Solutions (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. GNATURE O REPRESENTATIVE BSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of c' / Y, , 20 9 . 0.v FLU' MISHONNIE BARNES ' a �. Notary ID#133333882 Public N r My Commission Expires tary ''a OF t September 15, 2025 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: https://w\\v,.ethics.state.tx.us!filinainfo/conflict forms.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 11, 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 fmancial 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 fmal 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 CER11FICATE 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 E CONTRACT FOR MOWING OF PRIVATELY-OWNED& CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 K&D AFFORDABLE LAWN SERVICE, herein acting individual, firm, partnership or corporation by and through Dawanna Mouton-Ceasar, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0032 per square foot and$80.00 per acre. 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. EXHIBIT E 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. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. K & D AFFORDABLE LAWN SERVICE BY Dawanna Mouton-Caesar ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated acove,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www:portarthurtx.govlbids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 411-1 STREET;PORTARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. ! is r Clifton Williams OF PORT ARTHUR,TEXAS Purchasing Manager VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 4.14 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 300 p.m„Wednesday March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, t City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. j NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6, 2025 AT 110:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. i zYr'z .' Clifton Williams Purchasing Manager -CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. ONE (1) y (xe1 �t� r March 10, 2025 S ID FOR: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT& DEVELOPED LOTS BID: P25-030 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 REQUESTE I TO ACKNOWLEDGE SAW PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground.Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (The clock located in the City Secretary's office will be the official tune.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 19, 2025 in the City Council Chambers,City Hall,5th Floor,Port Arthur, TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR IID DOCUMENTS. L_l t Clifton Williams Purchasing Manager Signature of Proposer Date Jex-4-446.1)sicubilapvieg Company Vendor Name 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 required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista, Vista Village, Lakeside, and Montrose 2. Area"AT' 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 required for vacant lots over V2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" 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 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting 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 required for vacant lots over 1/2 acre. 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 required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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. 1st 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 BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A, B C,D E& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE AREA A $ $ e6 , 0 () 2 AREASB -E $ 0 0 $ 100 3 AREA F $ N $ 1\44 Award will be based on bid price,crews,and equipment. 1\'-PolociiQ,bitz-80,u/kcipti;k 4ts_LaW COMPANY NAME STREET ADDRESS bAtettill 1'14 SIGNATURE OF OF BIDDER P.O. BOX Wkil ON. 6.64 kr, -11/4 44Akp Tf) )1046 PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO P 01.5-(479,h o o fAih N EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog. cR +) 0-1 Zero Turn or Riding Mower 4 0 d A l 1 0\ Weedeater N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw N/A Blower N/A Edger N/A Number of Employee that will mow the Lots : 6) 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: 1)0(Auwk, Mat tip', Licuoi-., Printed Name: ,� D.S�7 17 c In 6 4,u\ ks (1,,l0 Title: 8 )/-p Company: ) `- -Pcbr Lawn G i Date: _ _ As- SUBSCRIBED and sworn to before me by the above na d DAN a o,4vm Cek,S on this the / o day of /vic-tL. , 20 a.s- . Notary Public in and for the DERICK PAUL VIDALIER State Of Texas vs Notary Public,State of Texas o` .fit;; Comm.Expires 05-09-2026 Him Notary ID 133750172 My commission expires: OS- -2Oo 6 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 undersigned offers and agrees to one of the following: 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 uty)e, irtatc ,cks Authorized Signature Title •D N Le) 0 9 - (p, . Name(please print) Telephone 36 a5.- . c-t/Y) Email STATE: 1 XA5 COUNTY: ef•tefsoliN • SUBSCRIBED AND SWORN to before me by the above named bc,tAicAvteiCN /1'l v ' 61 Ce c Sc v on this the /0 ft day of /14 arc( , 20 0?S . • Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL, DERICK PAUL VIDALIE. ..... BO Notary Public,State of Tex. ``? Comm.Expires 05-09-20'r .3%,,,!, Notary ID 1337G.i172 Page 16 of 25 CORRECTION OF A NOTARIAL SEAL State of Texas County of Jefferson On this day of MOorc& I 0 , 2025, I certify, that the preceding or attached document is a true, exact, complete, and unaltered copy notarized by me of Derick Paul Vidalier, the seal was incomplete and is correct by this form. DERICK PAUL VIDALIER pR V'i Notary Public,State of Texas e.: `Q= Comm.Expires 05-09-2026 '7' OF ,,,,,,,V Notary ID 133750172 (Personalized Seal) Notary Public's Signature CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the lawH.B. 23, 84th Li OFFICE USE ONLY g by Leg, Regular Session. 3 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. •Sep 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. ▪ Name of vendor who has a business relationship with local governmental entity. ▪ ri Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated 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.) 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 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? El Yes in 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? riYes FT 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. p l -Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts f y ad described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). bcavwc.441-6.&: Lcsuia.N. Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www:ethics.state.tx.us Revised 11/30/2015 rage i i of�� 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/htrn/LG.17.6.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: (Al has an empioymentorother 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§17.6.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with alocal 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 t 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 (C) of a family relationship with a localgovernment offcer. beu,uakhc, iritalulto Form provided try,Texas Ethics Commission s www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION a� intkl- n ,the undersigned an representative of /� 1q„:"7\qb k,U � � � ` ,kriVi t , (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) Atito kap, ,vonk CULL Signature of Company Representative Date Page 19 of 25 House Bill 89 Verification l4 kAsc,v-I, ���a f� ��� � ��-�i� -� (Person name), the undersigned representative (hereafter referred to as "Representative") of LLLLA r F (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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this /0¢4 day of /VIArc( , 20,25- . Notary Public � , DERICK PAUL VIDALIER, �`c+ Notary Public,State of Texas 'N 4. Comm.Expires 05-09-2026 %14.iiiiP Notary ID 133750172 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: https://\v\\v .ethics.state.tx.us/filineinfo/conflict forms.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 defmition 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 Pr- 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 fmancial 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 fmal 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 CERTUICATE 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 F CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 MAYON LAWN SERVICE, herein acting individual, firm, partnership or corporation by and through Thomas Mayon, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0033 per square foot and$80.00 per acre. 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 F CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. MAYON LAWN SERVICE BY Thomas Mayon ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P_O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur;Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids:aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City Clifton Williams OF PORT ARTHUR,TEXAS Purchasing Manager NERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 414 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3;15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444! 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be fretrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.corn. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 6,2025 AT {10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. 11 Clifton Williams Purchasing Manager 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 required for vacant lots over 1/2 acre. 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 required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" 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 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 5. Developed lots have fences. Area E: 1. Area"E" is mostly developed properties. 2. Area E is 25th Street (Gritting 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 required for vacant lots over '/2 acre. 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 1/2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERiVIINATION: 1. 1st 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 BID SHEET BID FOR: Mowing of Privateiv-owned and City owned Developed and Vacant lots in Areas A,B BID DUE DATE: March 12,2025 ITEM AREA TO VACANT& VACANT NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE t. AREA A $ D .D03?0 $ < 0 2 AREAS S E $ $ 3 AREA F $ $ / M • Award wil be based on bid price,crews,and equipment. iike)�.l,r ktp,ip3..NSt'cu e_ 104' 4fr€€- COMt ?W NAME STREET ADDRESS 4/47,49 SIGNA:it RE O1<`BIDDER P.O. BOX V•0 0 P-,c+ A*4kv- `;Th. T )LoLfr PRINT OR TYPE NM4E CITY STATE ZIP D(N(k:g- LI c1? ELH'-SCY`?-? TITLE AREA CODE TELEPHONE NO �.s�,lr�wn ���>c �1� h a-taw kb EM FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog a Zero Turn or Riding Mower a L ' 4- IRO y Weedeater N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw N/A Blower N/A Edger ) N/A Number of Employee that will mow the Lots ' Signature of Propose Date page a A _ 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: Title:. Company: ,Y1 (J�1 Lt'1n ec0102_ J Date: - Q S SUBSCRIBED and sworn to before me by the above named I yurC S Moayoyi on this. the day of ckil' , 20 7pb, Cal C0Var,..p Notaiy Public in and for the BROOKE MUR?H' State of Texas Public.STte 4. \p; Notary 3 _ Comm,Expire:0z•1 :N9r ..•�+` Notary ID 1 ovOE •s• i�rl y commission a.'': iires: 1 2 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 undersigned offers and agrees to one of the following: ffv\ 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. -Il \ 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. - v 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. i.f�� -c�d.. 5 Firm l ame late • Uetihorazed Si ature Title Name(please print) Telephone YnP�lhln LaWn SAfy1 e�:. Email STATE: C IjuNnr:-3--ecce<50A SU ISCf tE its AND SW"RN to before me by the above named n VVICA,S 1f l(X L 1044 on this the v ,J I L� day of���� ,20 ��. ;,ipar pue,, BROOKE MURPHY r 73 t c iupfru i� ?°•' ,<< Notary Public,State of Texas Notary Public m;; 'y• = Comm.Expires 02-17-2029 "%li F }~ Notary ID 12680843-E. ;'. TURN THIS AFFIDAVIT AS PART IF THE nID P.!OPOSAL Page 16 of 25 C ,FLU-`T OF 0-TEREST QUESTION ARE FORM CIO F: r vendor doing business with local government.l entity This questionnaire reflects changes made to the law by H.B.23, 84th Leg., Regular Session_ OFFICE USEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received w ,... 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. Name of vendor who bass business relationship with local governmental entl'ity. Check this boat if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated 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.) t3 Name of local government officer about whom the information is being disclosed. Name of Officer teseribe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(aX2)(A). Also describe any family relationship with the to government officer. Complete subparts A and B for each employment or business relationship described. Attach addutioruel pages 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? 1Yes 1 No B.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 A Describeasch employment or business relationsh7;1>that the vendor named in Section 1 maintain with a cor;e+ration or other business entity with respect to which the low government officer serves as an officer or director,or holds an ownership interest of one percent or more. 13 ICheck this box if the vendor has given the local government officer or eternity 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). /1419 A./ 6 L1 o ; Signature of vendor daio g business with the governmental entity Date Form provided by Texas Ethics Commission Www.ethics.state.tx.us Revised 11/30i2015 rage arvt40 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; ar (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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SI3 252 C PTER 2252 CERTIFICATION the undersigned an representative of •A'1(13t' 1CA1. vt 'v‘)i(� (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 Reesentative(Print) A•24 A 14i Signature of Company Representative Date Page 19 of 25 H..us- t:Ail 49 Verification 1, Ir;rn,i5 'A'x- o f\ (Person name), the undersigned representative (hereafter referred to as "Representative") of A\n ov' L 1n5v\&cv iC2� (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 pun p•ses. a4,44.4 I SIGNATURE OF R !'RESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this i 'E day of PAC/1.C1Vl , 20 T rRrpil BFOQKEMURPki u, COC - `c+:Nofur�Public,Stuteof Texa s Notary Public L 7) :: 9 cTi: 6 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: https://mN,w.ethics.state.tx.us/filinainfo,/contlict forms.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 defmition 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 fmancial 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. TERIVIINATION 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 Fir 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 fmal 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 CERI'IFICAl'E 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 G CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of , 2025,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 M S SERVICE, herein acting individual, firm, partnership or corporation by and through Maria Lopez, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0033 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 G CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. M S SERVICE BY Maria Lopez ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. I I CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots • February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur;will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday March 12,2025 in the City Council Chambers,5th Floor, City Hall, Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,414 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.corn. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 18:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORT ARTHUR,TEXAS 1 Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. et4L ,/,:.; PUBLIC.NOTICE Clifton Williams 'OF PORT ARTHUR,TEXAS Purchasing Manager 1VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers;5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be!, retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. !NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT {10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager • C._ ,r 'ra -CITY OF PORT ARTHUR,TEXAS Vrt art;;;;u ADDENDUM NO. ONE (1) March 10, 2025 BID FOR: GRASS MOWING OF CITY OWNED & PRIVATELY OWNED VACANT & DEVELOPED LOTS BID: P25-030 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. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground. Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams Purchasing a.nager 3 - /a -a,- Signature o Proposer Date t UU 5 5 ef c%r Cta Company Vendor Name 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 Z. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over %2 acre. 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 required for vacant lots over V2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" 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 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Grilling 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 required for vacant lots over %Z acre. 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 V2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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. 111 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 TERiVIINATION: 1. P 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 BID SHEET BID FOR: Mowing of Privately-owned and city-owned Developed and Vacant lots in Areas A, B C.DE& F" 1 BID DUE DATE: March 12, 2025 ITEM AREA TO VACANT & VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 1 1 AREA A $ 0 s 0033 $ 2 AREAS B -E $ 0 , 0a 33 $ 3 AREA F $ $ Award will be based on bid price, crews,and equipment. Ajt 67 @ v� Ck 4033 s 54 s Y � COMPANY NAME STREET ADDRESS 14-4 0 /0,1e--c- SIGNA 11."1 E 0313IDDER P.O. BOX 140yl Z PayJ 4i �-/ y 7 77 (a 'I PRINT OR E NAM CITY STATE ZIP e ? 3379S TITLE AREA CODE I ELEPHONE NO A{ S.o yv1re/ 7 7s (o7/ EMAIL CO ,4X NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck 0 C Bush Hog (` C / V 0 Zero Turn or Riding Mower 3 Weedeater , N/A Hedge Trimmers l N/A Walk Behindi (--) N/A Chainsaw N/A Blower Z N/A Edger N/A Number of Employee that will mow the Lots " 1 AA Civf 110 (0 / - 7.5- Signature of Proposer ate 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: y I £ - V z Printed Name: Title: = o IL/ ne Company: S 1//ce Date: 1--/0 2.5 SUBSCRIBED and sworn to before me by the above named iNiQrY►0- 482_ on this the lA day of /11\a' , 20 0 . c-Pc661 PATSY LORELL DANIELS Notary Publi in and for the Notary iD#126613342s State of Texas ^ My Commission Expire September 18,2028 My commission expires: q_ /g-Zo 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 undersigned offers and agrees to one of the following: ` --.l 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. 14X-0 Y (c-) ,f2 2_ 3— -2-5- Firm Name Date 7 ene' o ); Authorized Signature Title Name (please print) Telephone /it Ce/97 '3' /-tc/� .rn ( go ?) 33 79k Email STATE: COUNTY: 3— ,(50 n _ SUBSCRIBED AND SWORN to before me by the above named av-ii Q- two on this the ` day of ` O YC , 204 . P rd 0:A4;J �s •v� PATSY LORELL DANIELS .J_,, � Notary ID#126613342 Notary Pu is 4 e My Commission Expires f 4 September 18, 2028 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 Data 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. J Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated 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.) Name of local government officer about whom the information is being disclosed. Name of Officer Al 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. 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)(B), excluding gifts described in Section 176.003(a-1). J / _ _ Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11t3012015 rage oi CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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-i) (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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, /LA the undersigned an S 5 representative of M �J � J i _ Y (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. ri e4 (CPC? Name of Company Representative (Print) A-40 t Signature of Company Representative /0 - Date Page 19 of 25 House Bill 89 Verification I, LAcc ir1 /7/2c:i: z (Person name), the undersigned representative (hereafter referred to as "Representative") of t /t; c s P y' 1/0 ( c (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. tre SIGNATURE OF REPRESENTATIV SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / 44 day of litAA , 20 . — a` a. a r,,'' PATSY LORELL DANIELS Notary ID#126613342 ` My Commission Expires ii,. pc,,,,j, . .` September 18, 2028 (si) Notary P •lic 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 TER1VIINOLOGY: "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: https://r,-w,w.ethics.state.tx.us/filin2info'conflict forms.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 fmal 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 CERIJ.HCATE 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 H CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of , 2025,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 SETX LAWN & MAINTENANCE, herein acting individual, firm, partnership or corporation by and through Anthony Young, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.00339 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 H CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. SETX LAWN & MAINTENANCE BY Anthony Young ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 2292025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P O.Box 1089,Port Arthur;Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:€5 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor' City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT 8,DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered. and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4fh Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www:portarthurtx.govibids.aspx or www.pubiicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. 1 x ,PUBLIC NOTICE Clifton Williams ' OF PORT ARTHUR,TEXAS Purchasing Manager VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hail 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m„Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be • E retrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.com. j NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 1 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS I Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager can -CITY OF PORT ARTHUR,TEXAS rrle rs ADDENDUM NO.ONE(1) *91TP ra€ March 10,2025 BID FOR: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS BID: P25-030 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. Addendum as follows I. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground.Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment;contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers,City Hall,5th Floor,Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams Purchasing Manager g4/4* Signature pos Date S-71 t r.al a ,c iZ,l ne Company Vendor Name 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 required for vacant lots over 1/2 acre. 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 required for vacant lots over V2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 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 C1: 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 "CT' 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting 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 required for vacant lots over 1/2 acre. 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 1/2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERIVIINATION: 1. 1st 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 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 12,2025 ITEM AREA TO VACANT & VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREAA $ 3 3di $ I;"3O:i'D 2 AREASB-E $ 1 OO -11 $ 3 AREA F $ Jet: 121'd $ A/c d Award will be based on bid price,crews,and equipment. J c Ti lete4,77 i 7e fee,se,ce COMPANY NAME STREET ADDRESS ?,22 7.g IGNA O BID P.O. BOX A7LAD,74 f/ow7q mtS 7i1/ 77720 PRINT OR WP AMEd CITY STA l b ZIP TITLE AREA CODE 1'hLEPHONE NO -A?1/e3ts"e / •carte EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog t klA "fa- Zero Turn or Riding Mower 3 o - H 5 ,b 1 n Weedeater N/A Hedge Trimmers 2- N/A Walk Behind ( N/A Chainsaw N/A Blower N/A Edger / N/A Number of Employee that will mow the Lots (y g/41Z.-- Signature of po er 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: fi Title: aJetef- Company: 5t,Y1 Esfi 7az45' t / a; f Date: 3 4/ 45- SUBSCRIBED nd sworn to before me by the above named ft Mel on this the /" day of /Pre-GI , 20/S . 4 0 JANSON TANG Notary ublic in and for t e _Z.' c Notary Public,State of Texas State of Texas sy. Comm.Expires 03-13-2027 %4'oF'4r$ Notary",,,,,,o ID 126037350 I ,.� My commission expires: 2?-I 7 Page 25 of 25 A • AFFIDAVIT 1 pages in Offeror's Responses containing statements,letters, etc., shall be signed by a duly authorized officer the company whose signature is binding. to undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay cceeding 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 b"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 reement for the payment of said debts. I further agree to pay succeeding debts as they become due. ,,e6711 i . ,1 PitYtr6-itC 3//7/v2j rm Name Date athorized Signatur Title AfFh64y_ �zfd q)ifit f- Ses/4 ame(please print Telephone aru„5 se'6z Ve, ;`I . copvt mail CATE: kL{f rS OUNTY: JeLv-i ASCRIBED AND SWORN to before me by the above named A lha.j/ YU�ij�P� t this the / day of Rdrl�1 , 20�S . / JANSON TANG Notary Pub1 c,State of Texas Not Public Comm.Expires 03-13-2027 Notary ID 126037350 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 Lag., 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(4 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. Avendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which /hou became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. //:9 Name of Officer Al 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 Aand 8 for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. � /fl 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 Ti 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 n 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. 4)/n 1-1 J Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). s/4/z5 Signature of vendor in usiness wi a governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage i i of c� CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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 govemmental 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)A vendor 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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.bc.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, 4 oi2 gzet," ,the undersigned an representative of ! &571- 7 .5 /, /4n f P_/► C'e (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. S4rn?q Name of Co y Representative (Print) It Signature of omp y4—s—e-r—itative /2//s Date Page 19 of 25 House Bill 89 Verification I, ,' (Person name), the undersigned representative (hereafter referred to as "Representative") of fo', Z f f r 5 , 4 /-6;,-/ ��Cr (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. SIGNATURE OF'RE RESENT E SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / 1 day of /War ui , 20 JANSON TANG =Zoi . :140;,1,.Notary Public,State of Texas :;TV °= Comm.Expires 03-13-2027 Nota ublic ��•OF'�}` Notary ID 126037350 _ 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: https://w«v .ethics.state.tx.us/filinoinfo!conflict forms.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 defmition 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 •>RDER: 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 fmancial 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 fmal 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 CERIWICATE 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 CERTIHCATE 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 I CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 B&N MOWERS LLC,herein acting individual,firm,partnership or corporation by and through Breton Newcost, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0034 per square foot and$80.00 per acre. 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 I CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. B & N MOWERS LLC BY Breton Newcost ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to-the City of Port Arthur,will be received at the Office of the City Secretary,City Hail 444 4th Street or P O.Box 1089,Port Arthur,Texas 77641 no, later than 3:00 parr.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor,: City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on fife in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www_portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. K PUBLIC NOTICE Clifton i€iiams OF PORT ARTHUR,TEXAS Purchasing Manager ,VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 1 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.publicpurchase.com. NON MANDATORY PRE-B€D MEETING IS SCHEDULED FOR THURSDAY,MARCH 6,2025 AT {10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORT ARTHUR,TEXAS i 1 Per Chapter Z Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. L ._ Clifton+titiiiiams Purchasing Manager ,ir041 Pori rtlr ADDENDUM NO. ONE (1) tus March 10, 2025 BID FOR: GRASS MOWING OF CITY OWNED & PRIVATELY OWNED VACANT&DEVELOPED LOTS BID: P25.030 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. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground. Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 64413A. Lc/,chtT L(,L Clifton Williams Purchasing Manager 7 • - _e, Signature of Proposer Date �- 16tO , Z; : CompanyVendor Name 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 required for vacant lots over 1/2.acre. 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 required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 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 C1: 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 5. 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. 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 required for vacant lots over 1/2 acre. 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 1/2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERIVIINATION: 1. Pr 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 BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A, B C,D E F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE I AREA A $ 3 ti eLt- 2 AREASB -E $ c-) ,•", 7 $ 3 AREA F $ Award will be based on bid price,crews,and equipment. m)b)075 ac__ STREET COMPANY NAME153 ADDRESS /11/giY 1/6/ SIGNATURE OF BIDDER P.O. BOX e1e-43 A VOr fi4-1 4,cti 72.- 7 7 PRINT OR TYPE NAME CITY STATE ZIP O e-,/c 9167 4/6 e. TITLE AREA CODE TELEPHONE NO Hi no ; c1Lc. '44 , EMAIL FAX NO. "c11.7 L' qulpillefll List Equipment Qty Size of Cutting Deck Bush Hog S . . Zero Turn or Riding Mower Weedeater 1— N/A • Hedge Trimmers I . N/A Walk Behind N/A Chainsaw N/A Blower t N/A Edger 1 N/A • Number of Employee that will mow the Lots Kj- s-)? 2S 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: i5tez, / etoJ I rd Title: left_ e Company: int zits L-t e Date: 3-16-- 2 5 SUBSCRIBED and sworn to before me the undersigned authority by the 0 day of,VICt 'bbn behalf of said bidder. Yhodc )1\,%Q.uiLtoryl g�„�,�.� �;UAt7Al�1P�Wit`�.IA�S g 2 zp i 06: Notary Public,State ofTexas t Notary Public in a • for the NT, f. Comm_Expires 12-10.2426 1 State of Texas J Notary 1D#13182083-1 >B grFOftFti A 1'] l 1 V I',r+ �y 8,�,�...�.�<��=��� My commission expires: Page 15 of 25 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 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. 6t10 Mowers — 16 -Firm Name Date Aif Ci/Yt4�---. Authorized Signature Title Name(please print) Telephone r7 oic.);r L'C AIL ?,//yaci1 , 004 Email • STATE: t exa s • COUNTY: 7.e.- fe cSo r SUBSCRIBED AND SWORN to before me by the above named SY2DewCOs on this the \ 0 day of Y'\O rUn , 20 25. d �P GUAflALUPE 1MLLlAMS i �4, C� W.���Y� 4�. Notary Public,State of Texas P Notary Public t ��1 Comm,.Expires 12-10-2026 d F.grtE.. Notary ID#13182083-1 p RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTiQNNAIRE rurl,tvi a‘t For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23,84th Leg.,Regular Session. OFflCE 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. ii Name of vendor who has a business relationship with local governmental entity. J 0 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated 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.J 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#76,003(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 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? ED 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 1 + 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. 1 1 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)(B), excluding gifts described in Section 176.003(a-1). et f ,f.•`�..,, •` l—r Signature of veidor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage i i ui.L3 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:/iwww.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 Cods§176.001(1a):'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 (G)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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I gze4fh ,the undersigned an representative of A.) MO Gt.)ef,e'S' (.: (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. 64 /0 inGui er C Name of Company Representative (Print) Signature of Company Representative Date Page 19 of 25 House Bill 89 Verification )0 (Person name), the undersigned representative (hereafter referred to as "Representative") of 0 f() /�'�a)c 54 (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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWO .N TO BEFORE ME, the undersigned authority, on this day of C rC , 20720. t ,, ,7, GUADALUPt WILLIAMS )' wa1hpe 1N 2 Comm.Expires 12-10-2026 t Notary Public •00- Notary ID#13182083-1 Page 20 of 25 ow 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: https://\v\\v .ethics.state.tx.us/filineinfo,/confliet forms.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 teiiiis 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. lithe 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 fmal 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 CERIIN'ICATE 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 J CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 SIGNATURE LAWN SERVICE, herein acting individual, firm, partnership or corporation by and through Jose Manuel Alejandro Valero, 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, 2025 to May 10, 2026 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 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, including Addendum#1. 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 $0.0034 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. EXHIBIT J 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. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. SIGNATURE LAWN SERVICE BY Jose Manuel Alejandro Valero ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P:O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday;March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m:,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or vvww.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. PUBLIC NOTICE Clifton Williams OF PORT ARTHUR,TEXAS Purchasing Manager IVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the !Office of the City Secretary,City Hall 4.44 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m„Wednesday,March 12,2025 and all bids received will thereafter be opened and `read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS • Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be l retrieved from the Citys website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 6,2025 AT i 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. tjAi Clifton Williams Purchasing Manager t `„! -CITY OF PORT ARTHUR,TEXAS " ADDENDUM NO. ONE (1) e 1 rt'i ur Tekai March 10,2025 BID FOR: GRASS MOWING OF CITY OWNED &PRIVATELY OWNED VACANT &DEVELOPED LOTS BID: P25-030 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 SUBNIISSION OF THEIR.BID. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground.Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment;contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. b. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers,City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. r tl Ct .J. c:{_ Clifton Williams Purchasing Manager dOS WOW Nirttait V A e O i 10Imo, Signature of Proposer Date Si gv►atVitc 1-601 Vi &etae Company Vendor Name 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 required for vacant lots over 1/2 acre. 5. Large amount of Mowing. Area A2: 1. El Vista, Vista Village, Lakeside, and Montrose 2. Area"AT' 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 required for vacant lots over V2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" 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 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting 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 required for vacant lots over Y2 acre. 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 1/2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERNIINATION: 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 BID SHEET BID FOR: Mowing-of Privately-owned and City-owned Developed and Vacant lots in Areas A,It C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREAA $ 0 . 00 3Lt $ 2 AREAS B-E $ 0 . O 0 U 9 $ 3 AREA F $ $ Award will be based on bid price,crews,and equipment. 5iatute Imo WNW OW ift Si MI Ati-Ner COMPANY NAME STREET ADDRESS 0 *it* Ahdt4 OA NATURE OF BIDDER P.O. BOX ay woo pm/I aY1d 1) WON pot Artt-ur TX "IWa2 PRINT OR TYPE NAME CITY STATE ZIP ovNIVir � to) 8qo t-t too TITLE AREA CODE TELEPHONE NO ana yaa ® 1 ctbud • cm EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qtty Size of Cutting Deck Bush Hog u 0 Zero Turn or Riding Mower L1!O in Weedeater 3 N/A Hedge Trimmers Z N/A Walk Behind , N/A Chainsaw 2 N/A Blower N/A Edger N/A Number of Employee that will mow the Lots 3 alea 30t0125 ture 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: A� rK:1 G�,,,)� [ Printed Name: To Nowt tit j all dr Yawl) Title: Ov n e,r Company: SiCiViatiArte LOI.W n strv`L e Date: VO (2-6 SUBSCRIBED nd sworn to before me by the above named 3 S' V21 Qr 0 on this the /dam day of " n`0,a , 20 0ac. Notary Public i and for the ,0.Y•Le PATSY Notary ID LELL DANIELS126613342 State of Texas OR# .V1 My Commission Expires ''of`� September 18, 2028 My commission expires: g ,g ' 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 undersigned offers and agrees to one of the following: VI 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. �e vvutmtei fttileveirt vc vV 3f u0 2� Firm Nam e Date g.fe dor./ ' J,, VSiv ComgrL-' (orized Signature Title sioR MOW. ate indro vaterr go sue- Name(please print) Telephone am\ 401 ( cloud L corn Email STATE: 1 COUNTY: -Ye-F.1VSO/1 SUBSCRIBED AND SWORN to before me by the above named -TO S eJ Valero on this the )DILL, day of '}/YI (,ylC ,20 c7,5 . La,„,rj t�.*.o PATSY LORELL DANIELS :°4,4 Notary ID ti126613342 Notary Pu I is .~ My Commission Expires September 18, 2028 I '4 •`g- T AS PART OF THE BID PROPOSAL, Page 16 of 25 CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM 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 176.008(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. .1.1 Name of vendor who has a business relationship with local governmental entity. 9V I IA Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated t t 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.) al 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. riCheck 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). ' JILM,dIPe 'h : i1i:9 3l10125 ig lure of ve doing busines wit governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage i r ui c� CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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-i) (a)A vendor 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 (C) of a family relationship with a focal government officer. Form provided by Texas Ethics Commission wmv.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, Jaye Mahe melatitito VaitrD ,the undersigned an representative of S 1 gyumA t l etWf gt V t W (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. aoce Kret aN‘4Qndro Valero Name of Company Representative(Print) tuAda Win) gnature of Company Repres ntative 3110I26 Date Page 19 of 25 House BM 49 Ver ecat on I, atm mama A d wen (Person name), the undersigned representative (hereafter referred to as "Representative") of (111 OINK tettAin stn C( (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. blLe. 11 IGNATURE F REPRES TATIVE NBSCrtIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / day of ` o , 2 . d Syr ts PATSY LORELL DANIELS f , Notary iD 1�126613342 • AA My Commission Expires September 18, 2028 t Notary ubl' 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: https:/h\wwti\.ethics.state.tx.us/filineinfo/conflict jorms.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 perfoiinance 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 defmition 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 fmancial 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 mop- ..inirr 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 fmal 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 CERIIF'ICATE 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 CER MICA'I'E 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 K CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 NO PROBLEM SERVICES, herein acting individual, firm, partnership or corporation by and through Brian L. Roberts Sr., 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0034 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. EXHIBIT K 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. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. NO PROBLEM SERVICES BY Brian L. Roberts Sr. ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE _ . . - OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies ofthe Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. PUBLIC NOTICE Clifton Williams OF PORT ARTHUR,TEXAS Purchasing Manager •VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the [Office of the City Secretary,City Hail 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. • NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT {10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. 11 Clifton Williams Purchasing Manager -CITY OF PORT ARTHUR,TEXAS ADDENDUM.NO. ONE(I.) 4119:)11,11 Ltt March 1.0,2025 BID FOR:GRASS MOWING OF CITY OWNED&PRIVA 1'ELY OWNED VACANT& DEVELOPED LOTS BII):P25-030 The following clarifications, amendments,deletions, additions,revision andfor 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. Pm visions 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 B Addendum as follows 1. Replace Bid Pane with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground.Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment;contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday,March 19,2025. (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 1.9, 2025 in the City Council Chambers,City Hall,5th Floor,Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA. MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams Purchasing Manager 2/c Signature of Proposer Date c, Pith- c-QQ -C-S- Company Vendor Name 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 required for vacant lots over 1/2 acre. 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 required for vacant lots over V2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B I" 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 C1: I. 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Griffmg 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 required for vacant lots over 1/2 acre. 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 1/2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERNIINATION: 1. 1st 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 BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacaut lots in Areas A. B C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO 4 VACANT& VACANT& NUMBER MOW # DEVELOPED LOTS DEVELOPED LOTS 1 UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE AREA A C). oay6 U, oo yo,-/ ' 2 AREAS B-F $ 0, c 3,9/0 S 0, o03_Q 3 1 AREA F $ ._ $ Award will be based on bid price,crews,and equipment. /33 O,L),,3;. `11,%_ kuxC-Ccc-- 1 Cl0 ,tAkA H �7 COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX &TA . P0A&A7S -�ACk frult-Pi) ? x1' �70T PRINT OR TYPE NAME CITY -STATE ZIP 0 /-.ot-iu (you a O 7- TITLE AREA CO a� DE TELEPHONE NO brayr‹.&rls VAUod.Cop EMAIL FAX NO. Page 13 of 25 Equipment List Equipment QtY Size of Cutting Deck Bush Hog i.)Gf-f Zero Turn or Riding Muwcr 3 ��� �� gi)Gp Weedeater 3 N/A Hedge Trimmers I N/A Walk Behind N/A Chainsaw N/A Blower 1 N/A Edger N/A Number of Employee that will mow the Lots 3 To a, ---• 319/d-C Signature of Proposer Date Page 14 of 25 NON-C OLLUS1 ON 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: d pp/41j ), K26:-47,C Title: egC- CCt-) Company: ito$CE-4. Date: Sh7/d-tc SUBSCRIBEDInd sworn Ao before me by the above named &al - 3 on this the day of MOnn , 20 L5 . eVAla nkliag Notary Public in and for the iliablabainal".-46111"614.41 ERE State of Texas „ON t4oStINDA EL#M01 34R64L2041 2 P kf.; My Commission ExpiresI November 10, 2027 My commission expires: I - 0 -2027 Page 15 of 25 AFFIDAVI.17 All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duty authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: aLk e..,tiCy it .L.I :„3,1 :7 ‘..-;T.;t s i :vith :!IC: City of pGrt Arthur. I futther agree to pay succeeding debts as they become due. 81_12-- I hereby certify that T V„,._; v.ill. tl. Cit:, of try said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. P-- C:Ly Jr rtAt ae to cater into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Ph&-E-nt S64.4.4 E Firm Name Name Date 46-9C-ZaV7 Authorized Signature Title _p_641.41- Sk -(0 ) Cf, Name(please print) Telephone A, eE4._6Qa Entail SERENA MORELLO STATE: . I ir Notary ID#134642412 "%tor, My Commission Expires ‘ November 10,2027 COUNTY: jt_., .t„‘trCrO, SUBSCRIBED AND SWORN to before me by the above named RY- CV\ R.Ok-f kS on this the -A-kh day of ni\a,,,,y, ,2025 . Notary Public RETURN THIS AFFIDAVIT AS IW 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. iJ Name of vendor who has a business relationship with local governmental entity. 4C)/4 {� Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated !—� 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.) 11 Name of focal government officer about whom the information is being disclosed. Name of Officer Al Describe each employment or other business relationship with the local government offices,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 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 J] 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? I i Yes No Describe each employment or business relationshipthat 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 afamily 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). Signatur&of vendor doing business with the govemmental entity ate Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage 1/ of L3 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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 focal 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: Ytk (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)A vendor 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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION katiu L 2Ts- ,the undersigned an representative of di 0 PPj6Lcn .5 C(ZV/GC--r3 (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 f Date Page 19 of 25 House Bill 89 Verification I, � 1 tiR,21 -4-7d f (Person name), the undersigned representative (hereafter referred to as "Representative") of GU a P,zo6r.E� �Cc'Uri (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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of .cvm\a.i,1 , 202 5. SERENA MOELLO® j'eAfi,A10- Mdte �+�~F, Notary ID#134642412 IM ^ < My Commission Expires i Notary Public November 10, 2027 ' 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: https://wwv,v.ethics.state.tx.us'filin2info'conflict form s.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 fmal 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 Iris 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 CER1I.FICATE 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 L CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 ISRAEL LOPEZ LAWN, herein acting individual, firm, partnership or corporation by and through Israel Lopez, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0035 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 L CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. ISRAEL LOPEZ LAWN BY Israel Lopez ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.pubiicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not (award a contract to a company that is in arrears in its obligations to the City. f _ PUBLIC NOTICE Clifton Williams 'OF PORT ARTHUR TEXAS Purchasing Manager IVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.;on Wednesday,March 12:2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened.- Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,1144 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be j retrieved from the City's website at www.portarthurbc.govlbids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6, 2025 AT 110:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS 1 Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. ettik Clifton Williams Purchasing Manager 4 A� ' -CITY OF PORT ARTHUR,TEXAS eta ��� ADDENDUM NO. ONE (1) Te sac March 10,2025 BID FOR: GRASS MOWING OF CITY OWNED &PRIVATELY OWNED VACANT &DEVELOPED LOTS BID: P25-030 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 ENT THE SUBMISSION OF THEIR BID. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground. Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLE E: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. f:j! —�!Cr tslJr.1 jl Clifton Williams Purchasing Manager .Srae.l 1cprL LATY) 31IB I Z6 Signature of Proposer Date Ti vct/ / c Lc Company Vendor N5me 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 required for vacant lots over V2 acre. 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 required for vacant lots over lh acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 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 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 5. Developed lots have fences. Area E: 1. Area"E" is mostly developed properties. 2. Area E is 25th Street (Gritting 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 required for vacant lots over 1/2 acre. 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 1/2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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. 1st 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 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 12,2025 ITEM AREA TO VACANT & VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE I AREA A S Op° 3 5 S 2 AREAS B -E S 0.003s. 3 AREA F S S Award will be based on bid price,crews,and equipment. Istael LopCz Lawn 73/ Dofc DeCOMPANY NAME STREET ADDRESS SIGNATURE OF ER P.O. BOX tSYctei Lcipt z �or1 PA 14• 77� PRINT OR TYPE NAME CITY STATE ZIP Oljne lr 40q- 365 2(181 TITLE AREA CODE TELEPHONE NO EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog (43 Zero Turn or Riding Mower 4/ (nD /4cbig /,p Weedeater N/A Hedge Trimmers 2 N/A Walk Behind N/A Chainsaw 7 N/A Blower _5 N/A Edger / N/A Number of Employee that will mow the Lots 6 Srael Lz 340/2s Signature of Proposal. 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: rs ra(l,/ 1 cp ? Printed Name: tSrue! C.,pe� Title: OWY Company: Yet (// � 2�?G AI/ Serv/G Date: �)ir 2z5 SUBSCRIBED and sworn to before me by the above named,!-'Yciti /0?ez 51z on this the /6 day of TIV ct, , 20 . PATSY LORELL DANIELS Notary Pu is in and for the Notary ID#126613342 1 State of Texas 4 My Commission Expires �� September 18, 2028 1 My commission expires: 9 -it-o?Oo2e 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 undersigned offers and agrees to one of the following: v l 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. 1TSYa. ( tp e Z 3//Oh 5 Firm Name Date Authorized Signature Title sYad Lefi� 1109 - G s Z' Name (please print) Telephone Lr Le-IJ 4r-/Ai t�v- 21/1i, "C,.(rt�'1 Email STATE: --Tg PD. COUNTY: ;. I�/ ie�i, 5-e-QFP do SUBSCRIBED AND SWORN to before me by the above named S g Lo ee Z on this the L©m. day of t\qrc,t, , 20 a 0,0;4 N1EL51266133a2p PATSY ry LORELLID1t DA Notaryblic Nota y+C�� My Commission Expires September 18, 2028 , 1 • - ' 1 • • PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO 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 Data 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. J Name of vendor who s a business relationship with local governmental entity. Jn I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f ' 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.) 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 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 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 thatthe 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. J 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). �f�t� LG ZL 31t6/z.s Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130/2015 rage 1/ or LJ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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 afamily 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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, .1-Sict.e' Icpt Z- ,the undersigned an representative of LW-04 via t,5 (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. TSrcLe/ Lepp z a Sc-ra e- Name of Company Representative (Print) tit e/ Ze/e Signature of Company Representative //0 /2S Date Page 19 of 25 House Bill 89 Verification li_I, Sit,r Pl lope a (Person name), the undersigned representative (hereafter referred to as "Representative") of 1—_5rael (cp 2 L_ Yt/rc,S(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. 1c� SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / day of Tivr•cA, , 20(9,5. oyY Ac, PATSY LORELL DANIELS i;,IV 1 A 1( �, Notary ID#126613342 VV�`-�� r My Commission Expires Notary P = is September 18,2028 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: https://wv,w.ethics.state.tx.us/filineinfa'conflict forms.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 Pr 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 defmition 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 fmancial 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 fmal 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 CER121rICATE 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 M CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 VALENCIA LAWN CARE, herein acting individual, firm, partnership or corporation by and through Oceal Valencia, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0035 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 M CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. VALENCIA LAWN CARE BY Oceal Valencia ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m:,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govtbids.aspx or www,publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. <: PUSLICNQTICE Clifton lllams 'OF PORT ARTHUR,TEXAS • Purchasing Manager WERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the j Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and {read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as; , GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.publiicpurchase.com. I NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS I Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton yifiitiarns Purchasing Manager 4 i c.+r,«f -CITY OF PORT ARTHUR,TEXAS /10 ort rth ur° ADDENDUM NO. ONE(1) March 10,2025 BID FOR: GRASS MOWING OF CITY OWNED &PRIVATELY OWNED VACANT &DEVELOPED LOTS BID: P25-030 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 DI THE SUBMISSION OF THEIR BID. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground. Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams Purchasing Manager • cerxi ( Signature of Proposer Date Va( ilL a (? col (?iY� Company Vendor Name 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 required for vacant lots over 1/2 acre. 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 required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" 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 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting 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 required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" MowinJ 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 1/2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERiVIINATION: 1. 1st 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 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 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREAA $ O0 35 2 AREAS B-E $ 0 0O3. $ 3 AREA F $ $ Ooo63 Award will be based on bid price, crews,and equipment. Va. (e (ck(VA) CO Y6 1"/0 13 5 -114 1 OMPANY NAME STREt 1 ADDRESS Q Ce ( VO1 c;nC( kC SIGNATURE OF BIDDER P.O. BOX Ceo (e71Cp 1"/ 726- /1 ? PRINT OR TYPE NAME CITY STATE ZIP e LiOq c.1\1-36I0 6 TITLE AREA CODE 1'hLEPHON'E NO f1 �'y t/; /; /� fi 1 /yam/^�s l`C �� i Ln to L ( ' ' �fLYla l /C3tsly EMAILFAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog ( '' � v f � 0 Zero Turn or Riding Mower Weedeater N/A Hedge Trimmers I N/A • Walk Behind N/A Chainsaw N/A Blower N/A Edger N/A Number of Employee that will mow the Lots � ( ea ( (ens 3= / 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: 0 Ced f J eC/ Title: ,OCeO �- g t e 11 C Company: \l c? I� e n c. i i(� I to Co re Date: ,_tO s SUBSCRIBED and sworn to before me by the above named C CGS Va Piida on this the 16 t day of a'edn , 20 2 . L-P6a4 Notary Pub(' in and for the State of Texas My commission expires: : /g 7v Poe PATSY LORELL DANIELS Notary ID#126613342 My Commission Expires September 18, 2028 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 undersigned offers and agrees to one of the following: 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. 6(ea I Ug 1 -E2.1") ri 6 3- flo - --2 ,5"-- Firm Name Date Authorized Signature Title '1 t - 3 Ili, S L/09 93G / o ' Name lease print) Telephone k41 e. �r; '�, C l l Pioq 4/6iILI r ,Ccv Email STATE: COUNTY: Sefrefso A SUBSCRIBED AND SWORN to before me by the above named ©CtEGt� V�i p(l c, on this the (Q L. day of 'o cA , 20 05 rdha646.0.,............464.1 � -a PATSYLORELLDANIELS� Notary ID 1266t3342 Notary Pub is MY Commission Expir Lw...."."1"."IvauFnlar".""j September 18,2028 TURN 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 USEONLY 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. J Name of vendor who has a business relationship with local governmental entity. f\‘} Check this box if you are filing art update to a previously filed questionnaire.(The law requires that you file an updated 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.) 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 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? I 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? n 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. Check this box if the vendor has given the local government officer or afamily 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). C e \ of !r,/ l r _ Signature of vendor oing business with the governmental e tity ate Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage i i U1 h CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission WYAV.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, '9``� +�) 3 c e c( { \) / ( ,' , ,the undersigned an representative of \,)a )6'}' ( 1 a (aA) (0 Ye i (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. ced ( }Q (�c, Name of Company Representative (Print) rc&r, / ( c/- ' Signature of Company Representative 3 Date Page 19 of 25 House Bill 89 Verification I, CC(' ( \,.1 U 1 ( / (Person name), the undersigned representative (hereafter referred to as "Representative") of Ii r >.�it, e/lr/ G)' /(Ji(//? c1,,, -& (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. C i Jo /i 77 c f SIGNATURE OF`REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this lo+& day of ' p C f'n , 20A5 Lt° Notary Publ' c>.0/14:14 t,.r'�e PATSY LORELL DANtELS =`4L�1, Notary ID#126613342 F , My Commission Expires September 18, 2028 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: https://w www.ethics.state.tx.us/filinoinfo'conflict forms.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. INV I ICES: 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 601 f 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 fmancial 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 fmal 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 N CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 JL LANDSCAPING, herein acting individual, firm, partnership or corporation by and through Jorge Lopez, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0035 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 N CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. JL LANDSCAPING BY Jorge Lopez ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P O.Box 1089 Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at3:15 p.m:,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur;Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Ir PUBLIC NOTICE Clifton Williams 'OF PORT ARTHUR TEXAS Purchasing Manager 1VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall/1:14 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m„Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, r City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be i retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR TI-IURSDAY, MARCH 6,2025 AT 1 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Uhak Clifton Williams Purchasing Manager .31,..fo,y ' -CITY OF PORT ARTHUR,TEXAS VitVittrtfiu ADDENDUM NO. ONE (1) t rthur Triac March 10,2025 BID FOR: GRASS MOWING OF CITY OWNED &PRIVATELY OWNED VACANT&DEVELOPED LOTS BID: P25-030 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. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground.Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. , I/'f/1' / JfJ Clifton Williams Purchasing Manager v //t) ,e-� !si I t f2 GJi ature of Proposer Da 01\01 Oilidin9 Company Vendor Name 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 required for vacant lots over 1/2 acre. 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 required for vacant lots over Y2 acre 5. Large amount of Mowing. II Page 6 of 25 Area 81: 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 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting 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 required for vacant lots over %2 acre. 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 1/2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERiVIINATION: 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 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 12,2025 ITEM AREA TO VACANT& VACANT& NUIYIBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE I AREA A $ 0 • 0 0 3 5 $ 2 AREAS B-E $ ` 0 0 7 $ I Pc 3 AREA F. $ 1 $ Award will be based on bid price,crews,and equipment. L ociV \g 52q 5 h COMPANY NAME STREET ADDRESS SI ATURS O ; D D R P.O. BOX �Jr Nifii\11 T � I �`1 PRINT O TYPE NAME CITY STATE ZIP ou..)ner -1 1f2-- L C 9-K1 ct 533 TITLE AREA CODE TELEPHONE NO L-V YY\e_ k 1 COD CA (C)Yr EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Le 0 t Zero Turn or Riding Mower f Weedeater ` N/A Hedge Trimmers Z N/A Walk Behind ! N/A Chainsaw N/A Blower c N/A Edger N/A Number of Employee t t will mow the Lots 2 'blip ] 2-6 Signature of Propos 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 Title: Company: t dq- i ng Date: 3 t 10 2 5 SUBSCRIBED nd sworn to before me by the above named ovy t r P �_Z- on this the )OM day of , 20e25 . i pcztu•Aa Y. PATSY LORELL DANIELS ► Notary Pu lic in and for the s ue►'` Notary ID#126613342 State of Texas Ar�t: My Commission Expires �O ` September 18,2028 My commission expires: 9-1g1-079018, 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 undersigned 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. o\rct Lapeer 3110125d Firm Name Date A ho izedSignatu Title JOY Cte � - 4 oq? 64q q 5 6"3 Name(please print) Telephone Lopez.rnc ki -150G ejrncki I , Corn Email STATE: I' COUNTY:,SEA t9D n SUBSCRIBED AND SWORN to before me by the above named v O't' & on this the l 0-k'1& day of 1 r 1 aYclA 20 ol.5 . gar.fie PATSY LORELL OANIELS i)orw:ab Notary ID L2L6o613342 Notary Pu lic My Commission Expires September 18, 2028 �1 1-II A T 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. Sea 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. 1 I Name of vendor who has a business relationship with local governmental entity. 1 (� Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated t t 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.) J 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 i 76.003(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 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 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. 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)(B), excluding gifts described In Section 176.003(a-1). • .� � 95 gn re of vend doing u ness w th the gov ental entity Date Form provided by Texas Ethics Commission vr;,rvv.ethics.state.tx.us Revised 11/30/2015 rages/ of 1.3 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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: inHr (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; a (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-11 (a)Avendor shall file acompleted conflict of interest questionnaire if the vendor has a business relationship with a local governmental entityand: (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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30,2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, Lop-€2- ,the undersigned an representative of 3L LAVIAQ,CLPInq (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. -To Name of Company Repr ntative(Print) tare of C mpany epresentativ / , o1 Date Page 19 of 25 House Bill 89 Verification I, 0 V --� - � (Person name), the undersigned representative (hereafter J referred to as "Representative") of L L_CKYAcf.kcLc Lp (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. (-9—cgte_ tz G ATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this /W&1 day ofGint , 20(15. ..Y.� PATSY ID ELL#12 61334DANIELS . / 0 =�J►�� Notary ID a126613342 � /�,4 ,�`7j 3174, My Commission Expires ° September 18, 2028 s Notary Publ' 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: https://wvv«v.ethics.state.tx.us/filin2infolconflict forms.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 k,. 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 defmition 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 601 f 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 fmancial 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 fmal 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 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 0 CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 ALL IN ONE LAWN SERVICES, herein acting individual, firm, partnership or corporation by and through Alejandra Magana, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0035 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. EXHIBIT 0 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. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. ALL IN ONE LAWN SERVICES BY Alejandra Magana ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to-the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall;Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT 8,DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORTARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not Iaward a contract to a company that is in arrears in its obligations to the City. PUBLIC NOT CE Clifton Williams 'OF PORT ARTHUR,TEXAS Purchasing Manager NVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the 'Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no I later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.;on Wednesday,March 12,2025 in the City Council Chambers;5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be I retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.pubiicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 6,2025 AT 1 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS I Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. C & Clifton Williams Purchasing Manager -CITY OF PORT ARTHUR,TEXAS ort ratur ADDENDUM NO. ONE (1) ‘11Te vas March 10,2025 BID FOR: GRASS MOWING OF CITY OWNED &PRIVATELY OWNED VACANT &DEVELOPED LOTS BID: P25-030 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. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Fouti with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground.Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. A Ni • (-/C-r #• Clifton Williams Purchasing Manager 3 hp kq Signature of Proposer Date fief Comply Vendor Name 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 required for vacant lots over acre. 5. Large amount of Mowing. Area A2: 1. El Vista, Vista Village, Lakeside, and Montrose 2. Area"AT' 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 required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area B1: 1. West Side(Foley to Houston Avenue). 2. Area"Bl" 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 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Griffmg 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 required for vacant lots over 1/2 acre. 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 1/2 an acre in size, bush hogs will be required. 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 peimission 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERivIINATION: 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 1 CITY OF PORT ARTHUR,TEXAS 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 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREAA S b . 0035 $ 2 AREASB -E $ d, ct-3/J $ 3 AREA F $ 1 `� $ Award will be based on bid price,crews,and equipment. Gil 1n one, taut SeYvlc,rs /0/10 dhorrlc -ic LA COMPANY NAME STREET ADDRESS Atte SIGNATURE OF BIDDER P.O. BOX 41{, otill an q ride e 77C11 PRINT OR TYPE NAME 9 CITY STATE ZIP OW nc r � Zg3 - (- S'(s TITLE AREA CODE 1'bLEPHONE NO a/lhnanu1ctuun6`s&/Nei-/cow EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower .' GO /C10 /b o Weedeater T N/A Hedge Trimmers ._ N/A Walk Behind N/A Chainsaw N/A Blower N/A Edger 2 N/A Number of Employee that will mow the Lots 9 &IL 141‘' hb iss 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: 71tepric/ka Mq eina_- Title: Company: CV 14 On Lin A Date: //0 /74 SUBSCRIBED and sworn to before me by the above named PtItyan lr(r,- j\J na.on this the p .k, day of O rc.L , 20 . cjaviab PATSY LORELL DANIELS Notary P blic in and for the = 1`� Notary ID#126613342 My Commission Expires State of Texas September 18,2028 My commission expires: 9 - 'g-c7 D12 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 undersigned offers and agrees to one of the following: 1 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. .404114 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 e payment of said debts. I further agree to pay succeeding debts as they become due. /4,( .3 0/o k5 Firm Nam Date it Cfl uthor ed Signature Title Acron_rty-c` tta9 inc . Name(please print) Telephone allln(Me la,oft cS46ma.itm Email STATE: ' , COUNTY: 5E( 5O SUBSCRIBED AND SWORN to before me by the above named P'Q Q n a fa. 9 'l aja J on this the (D day of q'(GJ ,20 e-c. `--Pk, t c).641,,tab" Syr P,,a PATSY LORELL DANIELS Notary P -r11C i�__11.�f, Notary ID#126613342 My Commission Expires 4.OF" September 18, 2028 "' . 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 riled 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. J Name of vendor w o s a usiness relationship with local governmental entity. t l Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated t 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.) J Name of local government officer about whom the information is being disclosed. Name of Officer JJ 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. 2.1 flCheck this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), e uding gifts described in Section 176.003(a-1). Li f 15 'mature of vendor doing business mental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage 1 i or 43 li CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htrn/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 afamily 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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, tf IL r o Ii d a /Pa ga rt ,the undersigned an representative of all lYl (*it lawl') ScrvIC{s (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. �-I e-KtYlArrdt. Nta ar1c Name of Company Representative (Print) Signature of Company Representative 3 //U / 25 Date Page 19 of 25 House Bill 89 Verification I, Mejjai trid3Ana- (Person name), the undersigned representative (hereafter ref to as "Representative")" "p ) of 01� I�1 i'k / ... ,� Klc:zs" (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. GNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this /O..Way day of (Jkclks , 20a5 • 77.°�e PATSY LORELL DANIELS _ :° Notary ID#126613342 w My Commission Exires , �' September 18,2o2s Notary Pui lic 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: https:/hwwm.ethics.state.tx.us/filin2info'conflict forms.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. TERIVIINATION 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 fmal 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 P CONTRACT FOR MOWING OF PRIVATELY-OWNED& CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA A THIS AGREEMENT,made this of ,2025,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 FRANK'S TRUCKING, herein acting individual, firm, partnership or corporation by and through David Frank, 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, 2025 to May 10, 2026 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 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, including Addendum #1. 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 $0.0039 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 P CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. FRANK'S TRUCKING BY David Frank ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur will be received at the Office of the City Secretary,City Hail 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m:,'on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www_portarthurtx.govibids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. • PUBLIC NOTICE Clifton Williams OF PORT ARTHUR,TEXAS Purchasing Manager 1VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.0.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and I read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, `City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS, 414TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Jb Clifton maims j Purchasing Manager -CITY OF PORT ARTHUR,TEXAS A rrFiu ADDENDUM NO. ONE (1) Tt1,R March 10, 2025 BID FOR: GRASS MOWING OF CITY OWNED &PRIVATELY OWNED VACANT&DEVELOPED LOTS BID: P25-030 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. Addendum as follows 1. Replace Bid Page with.attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Fotin. 3. Trees referenced in specifications are tree laying on the ground.Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (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 19, 2025 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA. MUST BE SIGNED AND SUBMITTED WITH YOUR BHA DOCUMENTS. Clifton Williams Purchasing Manager r e: :3 Signature of Proposer Date Fz .(c l fLut EAt 6l Company Vendor Name 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 required for vacant lots over V2 acre. 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 required for vacant lots over V2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 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 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 (Gritting 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 required for vacant lots over %acre. MAP: Map outlining the Areas is attached as Appendix "A" MowinJ 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 Y2 an acre in size, bush hogs will be required. 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. 12. City will pay lots over one acre by the acre instead of square foot. 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 TERiVIINATION: 1. 1st 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 3 r. CITY OF PORT ARTHUR,TEXAS DID SHEET BID FOR: Moving of Privately-owned aid Ciit -owned Developed and Vacant lots in Areas A,B CD.E& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT & VACANT& NU\'IBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE • 1 AREA A $ 60 � $ 2 AREAS B-E $ 0 3 q $ 3 AREA F $ Award will be based on bid price, crews,and equipment. FrLtUtk'S � 1 ci-k47. l `-1 S Ali q -/ ® / 5 COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O.BOX P14.0tD C--111Arkt . Poi— `??LectQ PRINT OR TYPE NAME CITY STATE ZIP U., 1'\VeAL_, (LICC1) Co QD TITLE AREA CODE TELEPHONE NO EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog a g '- 1 1i Zero Turn or Riding Mower Weedeater N/A Hedge Trimmers N/A Walk Behind I N/A Chainsaw �j N/A Blower N/A Edger N/A Number of Employee that will mow the Lots Signature of'ro oser Date /� p e 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 taws, 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: 4 PA : 1; ' Printed Name: Title: CEOs M,flt, Company: Date: j 14)5 � c ,riy G1 SUBSCRIBED and sworn to before me by the above named -DG.v\ Vcc.e‘k on this the ,c\ day of \`(\o. , 20 ac . Notary Public in and ' State of Texas My commission expires: \a,. "a5 �j��e�,VERONICA.ME�iSSA HERNANDEZ r7 Notary ID :124428016 i r; hiy Commission Expires !J December 6, 2025 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 undersigned 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 Authorized Signature Title '0 CLA oc0 co s a- 1Lt go Name(please print) Telephone Email STATE: 7-1- COUNTY: �,i1Fe�6`n SUBSCRIBED AND SWORN to before me by the above named \p.. )\& cCCS\'4 on this the \ j day of Cmt0A , b. „b0.Y°% VERONICA ME!ISSA HERNANDEZ J �1 Notary ID#124928016 ► Not ry Public � +� My Commission Expires cF December 6, 2025 RETURN EMS 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. Avendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. .1..1 Name of vendor who has a business relationship with local governmental entity. J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I ' 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.) J Name of local government officer about whom the information is being disclosed. Name of Officer 1.1 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? nYes n 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. Check this box if the vendor has given the local government officer or afamily 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). 3/// 40‘a Signature of endd doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage 1 i of eD CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete 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; cc (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)A vendor 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 (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, h2'Ni\ ,the undersigned an representative of t`9L4 (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) kkfil6 a- K Signature of Company Representative 3 /jj ) oar Date Page 19 of 25 House Bill 89 Verification I, _ \-tL p_ (Person name), the undersigned representative (hereafter referred to as "Representative") of (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. I \ /1 - ! r .5 SIGNATURE OF REPR. 'S E SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ,C\ day of CxvrC1 , 202S. Notary Public 0'''°4'e,VERONICA MELISSA HERNANDEZ r! Notary ID#1 249 2801 6 0,. �' My Commission Expires''F c.�= December 6, 2025 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: https:// w \.ethics.state.tx.us/filinainfo'conflict forms.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 defmition 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 fmancial 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. TERMTNAITION 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 fmal 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 CERTIFICATEt 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