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HomeMy WebLinkAboutPR 24168: AWARDING 2 VENDORS MOWING CONTRACTS, AREA F (SABINE PASS) ' cityof or( rtlt u�— 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 Lanford, CPM, Assistant City Manager, Director of Development Services From: Darlene Thomas-Pierre, CPM, Code Compliance Manager RE: Proposed Resolution No. 24168 — Awarding Contracts to Two (2) 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 F (Sabine Pass). Recommendation: Staff recommends that City Council adopt P.R. No. 24168, authorizing the City.Manager to execute contracts with two (2) vendors for the mowing of privately-owned and city-owned residential and commercial vacant and developed lots in Area F (Sabine Pass). Background: Bids were opened on March 19, 2025, for the mowing of privately-owned and city-owned vacant and developed lots in Area F; bid awards are based on the lowest and most responsive bids. The vendors are: (1) BST Solutions, Port Arthur, TX @ $0.0031 per square foot; and (2) Smith's Remodeling, Port Arthur, TX @ $0.0038 per square foot. Due to an abundance of high grass in Port Arthur, the Environmental Health Division needs multiple vendors to maintain each area. Two (2) vendors were disqualified. (1) Valencia Lawn Care was disqualified due to cost amount illegibly written; and (2) Triangle Dirt Works was not awarded due to cost prohibitive and subsequently withdrew their bid per acre due to a bidding error. The Bid Tabulation follows. Vendor Price Per Sq. Foot Price Per Acre BST Solutions, Port Arthur, TX .0031 $75.00 Smith's Remodeling, Port Arthur, TX .0038 No Bid Valencia Lawn Care, Port Arthur, TX Disqualified No Bid Triangle Dirt Works .0075 Not Awarded .0095 Not Awarded Budget and Revenue Impact: P.R. NO. 24168 MOWING PRIV./CITY OWNED VAC./DEV. LOTS AREA F 4-21-25 PG 2 OF 2 Acceptance of this recommendation will not require a budget amendment. Funding is available in Account No. 001-13-039-5470-00-50-000 (Other Contractual Service) Recommendation: Staff recommends that the City Council adopt P. R. No. 24168, thereby authorizing the City Manager to execute two (2) contractual agreements between the City of Port Arthur and (1) BST Solutions, Port Arthur, TX @ $0.0031 per square foot; and (2) Smith's Remodeling, Port Arthur, TX @$ 0.0038 per square foot, for the mowing of privately-owned and city-owned residential and commercial vacant and developed lots in Area A. (Due to an abundance of high grass in Port Arthur, the Environmental Health Department needs multiple vendors to maintain each area). Contactors must provide proof of insurance. DTP/la CC: Pamela Langford, CPM, ACM- Operations/Director of Development Services "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.NO. 24168 04/21/25 LA RESOLUTION NO. A RESOLUTION AUTHORIZING ONE (1)YEAR CONTRACTS BETWEEN THE CITY OF PORT ARTHUR AND TWO (2) VENDORS (1) BST SOLUTIONS OF PORT ARTHUR,TX @ $0.0031 PER SQUARE FOOT; AND (2) SMITH'S REMODELING, OF PORT ARTHUR, TX @ $0.0038 PER SQUARE FOOT, FOR GRASS MOWING SERVICE OF PRIVATELY- OWNED AND CITY-OWNED VACANT AND DEVELOPED LOTS IN AN AREA OF THE CITY DESIGNATED AS AREA F, SABINE PASS,WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF$40,000.00; FUNDS ARE AVAILABLE IN THE GENERAL FUND ACCOUNT NUMBER 001-13-039- 5470-00-50-000 (OTHER CONTRACTUAL SERVICE) WHEREAS,there are a large amount of properties that the City maintains by mowing the grass, due to the lack of care by the owners; and WHEREAS,Area F is the Area of the City designated as Sabine Pass; and WHEREAS the City advertised in the Port Arthur News for bids on February 22, 2025, and March 1, 2025; and WHEREAS,the City received three(3)bids on March 19, 2025; and WHEREAS, Valencia Lawn Care was disqualified from the bidding process due to an illegible price on their submitted bid; and WHEREAS, Triangle Dirt Works was not awarded due to cost prohibitive and subsequently withdrew their bid per acre due to a bidding error; and WHEREAS,the bid tab is attached hereto, as Exhibit"A"; and WHEREAS, mowing assignments will be given to the awarded contractor with the lowest awarded contract price for Area F that is available at the time; and WHEREAS,the list of successful bidders is attached hereto, as Exhibit"B"; and WHEREAS, the contract is for one(1)year with the option to renew for two(2)additional one(1)year periods and said contract are attached as Exhibits C and D. P.R.NO. 24168 04/21/25 LA 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 the City Manager is hereby authorized to execute, on behalf of the City of Port Arthur, contracts with(1) BST Solutions, Port Arthur, TX @ $0.0031 per square foot; and $75.00 per acre; and (2) Smith's Remodeling, Port Arthur, TX @ $0.0038 per square foot for mowing of vacant and developed lots located in the area designated as Area F, in substantially the same form as attached hereto, as Exhibits C & D. Section 3. 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: APPROV RM SHERRI BELLARD,TRMC ROXANN PAIS COTRONEO CITY SECRETARY CITY ATTORNEY APPROV fit4t R i MINISTRATION APPROVED AS TO AVAILABILITY OF AFUND RONA `ri UR V , CPM CITY MAN ►. LYN A(LYN) BOSWELL, MA, ICMA-CM FINANCE DIRECTOR P.R. NO. 24168 04/21/25 LA L-DI & PAME ALANGFORD,CM APPROVED FOR PURCHASING ACM-OPERATIONS/DIRECTOR OF D V OPMENT SERVICES / ,/y I CLIF ON E. WILLIAMS,JR., CPPB PURCHASING MANAGER E T , CP DE COMPLIANCE MANAGER r) ra n W N .r :.--.-'i,-:-;:-0, ',---- vtll a v r� a H 4 0 0 o d C y 0 0 0 C7 < t eL d td co -. A 5 C = CA CA CD Oa , R cn � ° O C 0 rty F X z z " ooAv O C O b A rA cp 2 Q, -. d to td z a0o ° °" � R o a n ; CS) rA co "0 O co N c, C• l 1 c prdC tdc �o. 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" /� 0 0 0 to O c * N = r C7 r CA . n0 bs 4, O a t7 < w tl z o o y A ,° < to 0 ° oo eA CD bA go o to y n 2 "- O C y d CeD C 69 69 w O er, c v� v, A A ly A• c: ooc Oaf° n .J. to c EXHIBIT B ENVIRONMENTAL HEALTH DIVISON MOWING OF VACANT AND DEVELOPMENT LOTS IN AREA F SUCCESSFUL BIDDER CONTRACTOR EXHIBIT PER SQUARE FT PER ACRE BST SOLUTIONS, PORT ARTHUR, TX C $0.0031 $75.00 SMITH'S REMODELING, PORT ARTHUR, TX D $0.0038 NO BID VALENCIA LAWN CARE, PORT ARTHUR, TX - DISQUALIFIED NO BID EXHIBIT C CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA F 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 thrity (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 *These items were attached to the orginal letting contract. The agreement is only included in this renewal. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. EXHIBIT C 8. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in 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/Fax no. Email Signed on the day of 2025. ", . • • CITY OF PORT ARTHUR Request for Bids Grass Mswing sf City Owned & Priv4Ite1y • Owned 17;4cartt & Develoited Lots - •• . • .. . . • . . . Feb lila". 0.22, 1025 . March 1, 2025 ••• . . . ... . . . . . . . . . . . .. . . . : . ... . • . ., .... PUBLiC 1,1C3TICE --,------, — - -,,,,,,--3,,,-,-7,9,.-7.-7--.47-,- -..-f-_,_-7--.• t.-...J.,-Z..;'....'17':- . 31..i'.'3' .•:;:4'.„3,4".3.-W''..:'-'tE3 -..,,3-,-34 ...,4*iVit*,:-•--Afe.14---3^4 ''''''.'3•Z- '•:43.'''.."-- '''''.-ft..'11A-3a4C'•3'-' •0'44,\•„±'.3'-'3•-r4"0.7t#4 -101(1114330.'-'40'''.',-''3-.'."3.':`3'.'C,3.1375.,-'•Uli-fa!-,7-1:1 i 3 k 4.-• ...,,Z1, 4"',p,',..-3r:,'-'4.-V7'`,kt.',..-C:03.0-, :g4. -4,317K0i_;,:,-,nti,, r.:.'-.,4.A:....2.7'-,;::' ,,,,_ .,,,,..._.,,-,-.-,......t.,--t-;.,,A,. 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"...,4*:.:aa,_,_, 1.111.,- t!, ,,,4 ..!wiz friv,..,.. ..,_, ; •="3V- --11, :,':-.1`.-.:v..-&,,,-, 61n3t,.- -4-.- .., ,„:;.,f•,-.'i •,•..1,efi ,_,? 4,A.Alc,44,3..ii ,A4114-.ffier -.,..p4-xtfrtitr,w_44,,,,,i,ii*,,7-4T„:44,:4p60.-,-. .'•,;'---.1#4.fl.;--0 0 off.4,•• ,444%;16010,-;7',4-lidoi&-itzal,pati,;.,,,,,„, r • \ -CITY OF PORT ARTHUR,TEXAS Cav of VA rthu4 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 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 perfoini 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 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"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 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 r 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 1 AREA A S .0031 $ 75 2 AREAS B-E S .0031 $ 75 3 AREA F S .0031 $ 75 Award will be based on bid price, crews, and equipment. BST Solutions 230 Amy St. COMPANY NAME STREET ADDRESS 4,G!'l. v �G2 SIGNATURE OF BIDDER P.O. BOX John Barnes Port Arhur TX 77640 PRINT OR TYPE NAME CITY STATE ZIP Owner 409-293-0092 1TPLE 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 B lower 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 Name -%-John Barnes Title: Owner Company: BST Solutions Date: 3/10/2025 SUBSC B D and sworn to before me by the above amed ne.� on this the /51-1(-'0 day o / iC/t , 20 c6. otary Public in and f State of Texas ' _<►�°`e^ MISH ONNtE Notary IQ 1t1333338BARNES82 � My Commission Expires ` My commission expires: et- J for tE 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@bstsolutionsllc.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named 11-e5 ` on this the / ' day ofii((,, , 20 . eitit.„0„464-, :iiONN1E BARES otary Public .ary iD#1333338B2 ::emmission Expires 025 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. OFRCE 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. J Name of vendor who has a business relationship with local governmental entity. BST Solutions J n I 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 a 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 Fl No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 3/10/2025 Si ature 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 ca 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/ DocsiLG/htm/LG176.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 11/30/2015 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 OrREPRESENTATIVE ' of4� BSCRIBED AND Tr TO BEFORE ME, the undersigned authority, on this l day /,' `�� _64 �►p`°�s gmaiummikahrftworiewordimewilbillhe MISHONNIE BARNES 1/ I i'JL'i+ Notary IQ#133333882 P My Commission Expires tary Public F 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: hops://www.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 teinis 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 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 CER111,ICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT D CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA F 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 SMITH'S REMODELING, herein acting individual, firm, partnership or corporation by and through Christopher Smith, 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 one (1) additional year. 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 thrity (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: $0.0038 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 *These items were attached to the orginal letting contract. The agreement is only included in this renewal. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. EXHIBIT D 8. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in 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 Sinned on the day of 2025. SMITH'S REMODELING BY Christopher Smith Address Phone/Fax no. Email Signed on the day of 2025. • ,,...... , . . CITY OF PORT ARTHUR Request for Bids . . Grass ntwing of City Owned L. 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ONE(1) - rrra; 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, 5`h 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 PALL145t Signature of P opos Date A • 01,(K Aept-zi Company Vendor Name 0 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"AP' 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 "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: I1. 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 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. 1 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. 111 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 '/z 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 TER (NATION: 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 teiiiiination 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 Citp-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 AREA A S tiV 3 , 2 AREASB-E S DC7 6 NA 3 AREA F $ ;`j `tI s u Award will be based on bid price,crews,and equipment. flfl 33(:o COMPANY NAME STREET ADDRESS SIGNATURE JF BIDDER' P.O.BOX e 6 kt,/ S 4-4111-tir- 7rt- PRINT OR TYPE NAME CITY STATE ZIP tp84.6,4 (_g3 g;5 '3 -3 S TITLE AREA CODE TELEPHONE NO 7D C 2 5/144;1. 610A- EMAIL FAX NO. Equipment List Equipment Qfi Size of Cutting Deck Bush Hog Zero Turn or Riding Mower 3 tab) Lo Oi `b Weedeater '4 N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw 2- N/A Blower I N/A Edger N/A Number of Employee that will mow the Lots ek -)1 03 I 11 1 /-6 Signature of 1 roposer 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: r, — 7 ' Printed Name: Cly,f5 .fit Y-ti Title: 00,)1rte Company: �M t � k%e, Date: tq f 2-1)v5--- SUBSCRIBED and sworn to before me by the above named t tr'isko h r A ,SWtj{' on this the II day of Nati , 20 ` 5 . jt-4-k&C-iice,*(1-11012416ila, ����,,,;,f Notary Public in and for the a .Hryf%� State of Texas t,`.� My commission expires LDS 5", 99 U cn� 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. 5 S ►��—L— ' a L Firm11 Name -i Date :,-11/itAA/401'1/1'--''' ',1/-:7W.11:,'L(t4--- 1)GOT-C-C 1 C)Pie21‘124& Authorized Sigrature Title (,)(\i I.D .6 J 4 't ,'31) 9+1-'5- to '3 3 5 Name(please sprint) elephone 1U rAt f 9 pAac, I . v . Email IT- STATE: C,-.5 COUNTY: -,.CfC j Yl • SUBSCRIBED AND SWORN to before me by the above named elm iS ' 'Pi., > >1(T on this the l- 1 day of MCA-I` x 20 r�Cjs•'..' i.... `�:%- iotar�' Public �-- IL) ,, Al _ , N � , yf �; li.- <' �3 7 j nb .. .,`` RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL f�'�%i,• ir!!a ol‘��'���� Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM It 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 i • 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. k t ! C eck 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.) 1-1 Name of local government officer about whom the information is being disclosed. f 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 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 I INo J 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. i [ 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). _7j • Signature of vendor mg business with the governmental entity bate Form provided by Texas Ethics Commission www.e thics.st at e.tx,us Revised 11/30/2015 rage 1 t us LZ 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 httpi/www.statutes.legis.state.tx.usi Doc s/LG/htm/LG.176.him.For easy reference,below are tonne 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 terra 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 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 focal governmental entity is considering entering into a contract with the vendor; (B)has given to the total 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 governinental 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 focal government officer of that focal 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 goveminent'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 11/3012015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATIN I, CyhNi40pliti2trSzbA,,+-L- ,the undersigned an representative of a'nl -c- (Company 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. DAir I 1,1,{" , Name of Company Representative(Print) Signature of ompany Representative 5 //7 Date Page 19 of 25 House Bill 89 Verification I, C:Alf‘%5 p11,V 1rici-' (Person name), the undersigned representative (hereafter referred to as "Representative") of � v.) Ni*k1c TR YAWL.] ila (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 S1GNATURl1 OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this Il day of pinrc.V , 20 2S ( /1)JL / ' \ t ��,•-' �y'fi� . -<7<- Notary Public r` / }} ° :_ L :0TF rl F S -' �f +7 �� (n �3 i 196!�n'� /A• 07-45-2°.- ; 0\' 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://r\Aww.ethics.state.tx.us/filinoinfo'cont1ict 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 11 B 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 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 fmancial 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 toperson orpropertythat occurs as a p g 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. ` A 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 CER1!FICATE 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 CER1'11HICATE 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