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HomeMy WebLinkAboutPR 24167: CONTRACTS 24 VENDORS MOWING SERVICES AREAS B-E City of ort rthu�_ Texas DEVELOPMENT SERVICES DEPARTMENT CODE COMPLIANCE -ENVIRONMENTAL HEALTH DIVISION INTEROFFICE MEMORANDUM Date: April21, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager, Pamela Langford, CPM, Assistant City Manager, Director of Development Services From: Darlene Thomas-Pierre, CPM, Code Compliance Manager RE: Proposed Resolution No. 24167 - Awarding Contracts to T nty- our(24) Contractors on a Rotation Basis for the Mowing of Privately-owned and City-owned Vacant and Developed Lots in Areas of the City Designated as Areas B-E. Introduction: Staff recommends that City Council adopt P.R. No. 24167, authorizing the City Manager to execute contracts with twenty-four (24) vendors for the mowing of privately-owned and city- owned residential and commercial vacant and developed lots in Areas B-E. Area B is bordered to the west by Foley Street and to the east by Savannah Avenue, its southern border is West Procter, and its northern border is Zwolle Road. Area C is bordered to the west by Savannah Avenue, to the east by 9th Avenue, to the south by Lakeshore Drive, and to the north by 25th Street. Area D is bordered to the west by 9th Avenue and the eastward boundary of the City,the southern boundary is Lakeshore Drive,and the northern boundary is 25th Street(Griffing Drive). Area E is bordered to the south by 25th Street, its northern border is Aero Drive, its western border is Memorial Boulevard, and its eastern border is Jefferson Drive (Twin City Highway). Background: Bids were opened on March 19,2025,for the mowing of privately-owned and city-owned vacant and developed lots in Areas B-E. A bid awarded is based on the lowest and most responsive bids. The contractors are: (1) BST Solutions, Port Arthur, TX @ $0.0031 per square foot; (2) M S Service, Port Arthur, TX @ $0.0033 per square foot; (3) SMO Unlimited, Port Arthur, TX @ $0.0033 per square foot; (4) SETX Lawn & Maintenance, Beaumont, TX @$0.00339 per square foot; (5) Gonzalez Lawn Care, Port Arthur, TX @ $0.0034 per square foot; (6) All In One Lawn Services,Bridge City, TX @$0.0034 per square foot; (7)Mayon Lawn Service,Port Arthur, TX @ $0.0034 per square foot; (8) G& G Gray, Port Arthur, TX @ $0.0034 per square foot; (9) Eduardo T.O. Landscaping, Groves, TX @ $0.0034 per square foot; (10)No Problem Services, Beaumont,TX @$0.0034 per square foot; (11)JM Lawn Service, Port Arthur, TX @ P.R. NO. 24167 MOWING PRIVATE/CITY-OWNED VAC./DEV. LOTS AREA B-E 4/25/25 PG 2 OF 3 $0.0034 per square foot; (12)JL Landscaping,Port Arthur, TX @ $0.0034 per square foot; (13) K & D Affordable Lawn Service, Port Arthur, TX @ $0.0034 per square foot; (14) Signature Lawn Service,Port Arthur,TX @ $0.0034 per square foot; (15)DMJ Landscaping,Port Arthur, TX @$0.0034 per square foot; (16)Israel Construction,Port Arthur, TX @ $0.0034 per square foot;(17)Marsh Transports,Port Arthur,TX @$0.0035 per square foot;(18)Israel Lopez Lawn Service,Port Arthur, TX @$0.0035 per square foot; (19)D Oliver Lawn Care,Port Arthur,TX @ $0.0035 per square foot; (20) Valencia Lawn Care, Port Arthur, TX @ $0.0035 per square foot;(21)Smith's Remodeling,Port Arthur,TX @$0.0036 per square foot;(22)B&N Mowers, LLC, Port Arthur, TX @ $0.0037 per square foot; (23) Frank's Trucking, Port Arthur, TX @ $0.0039 per square foot; and (24) Lloyd Mitchell, Port Arthur, TX @ $0.0039 per square foot. Due to an abundance of high grass in Port Arthur, the Environmental Health Division needs multiple contractors to maintain each area. C.A.A& J was disqualified for failing to respond to repeated email and phone call inquiries. Port Arthur Lawn Solutions rescinded their bid. Triangle Dirt Works was not awarded because its bid was cost-prohibitive. The cost of mowing a standard lot would be more than double the lowest bid. There are several ties that must be resolved by the casting of lots at the City Council Meeting; Port Arthur vendors are given preference. The bid tabulation follows. VENDOR PRICE PER SQUARE FOOT BST Solutions, Port Arthur, TX .0031 M S Service,Port Arthur, TX .0033 TIE SMO Unlimited, Port Arthur, TX .0033 TIE SETX Lawn&Maintenance, Beaumont, TX .00339 Gonzalez Lawn Care, Port Arthur, TX .0034 TIE All In One Lawn Services, Port Arthur, TX .0034 TIE Mayon Lawn Service, Port Arthur, TX .0034 TIE G& G Gray,Port Arthur, TX .0034 TIE Eduardo T.O. Landscaping, Groves, TX .0034 TIE No Problem Services, Beaumont, TX .0034 TIE JM Lawn Service, Port Arthur, TX .0034 TIE JL Landscaping, Port Arthur, TX .0034 TIE K& D Affordable Lawn Service, Port Arthur, TX .0034 TIE C.A.A& J, Port Arthur, TX Disqualified Signature Lawn Service, Port Arthur, TX .0034 TIE DMJ Landscaping, Port Arthur, TX .0034 TIE Israel Construction, Port Arthur, TX .0034 TIE Marsh Transports, Port Arthur, TX .0035 TIE Israel Lopez Lawn Service, Port Arthur, TX .0035 TIE D Oliver Lawn Care, Port Arthur, TX .0035 TIE Valencia Lawn Care, Port Arthur, TX .0035 TIE Port Arthur Lawn Solutions, Port Arthur, TX Rescinded Smith's Remodeling, Port Arthur, TX .0036 B &N Mowers,LLC, Port Arthur, TX .0037 Frank's Trucking, Port Arthur, TX .0039 TIE Lloyd Mitchell,Port Arthur, TX .0039 TIE Triangle Dirt Works, Hamshire, TX .0075 NOT AWARDED P.R. NO. 24167 MOWING PRIVATE/CITY-OWNED VAC./DEV. LOTS AREA B-E 4/25/25 PG 3 OF 3 Budget Impact: Acceptance of this recommendation will not require a budget amendment. Funding is available in Account No. 001-13-039-5470-00-50-000. Recommendation: Staff recommends that City Council adopt P.R.24167,thereby authorizing the City Manager to execute twenty-four (24) contractual agreements between the City of Port Arthur for the mowing of privately-owned and city-owned residential and commercial vacant and developed lots in Areas B-E. The contractors are: (1) BST Solutions, Port Arthur, TX @ $0.0031 per square foot; (2) M S Service,Port Arthur,TX @$0.0033 per square foot; (3) SMO Unlimited, Port Arthur, TX @ $0.0033 per square foot; (4) SETX Lawn & Maintenance, Beaumont, TX @$0.00339 per square foot; (5) Gonzalez Lawn Care, Port Arthur, TX @ $0.0034 per square foot; (6) All In One Lawn Services, Bridge City, TX @ $0.0034 per square foot; (7) Mayon Lawn Service, Port Arthur, TX @ $0.0034 per square foot; (8) G & G Gray, Port Arthur, TX @ $0.0034 per square foot; (9) Eduardo T.O. Landscaping, Groves, TX @ $0.0034 per square foot; (10)No Problem Services, Beaumont, TX @ $0.0034 per square foot; (11) JM Lawn Service, Port Arthur, TX @ $0.0034 per square foot; (12) JL Landscaping, Port Arthur, TX @ $0.0034 per square foot; (13) K& D Affordable Lawn Service, Port Arthur, TX @$0.0034 per square foot;(14) Signature Lawn Service,Port Arthur,TX @$0.0034 per square foot; (15) DMJ Landscaping, Port Arthur, TX @ $0.0034 per square foot; (16) Israel Construction, Port Arthur, TX @ $0.0034 per square foot; (17) Marsh Transports, Port Arthur, TX @$0.0035 per square foot; (18)Israel Lopez Lawn Service,Port Arthur, TX @$0.0035 per square foot;(19)D Oliver Lawn Care,Port Arthur,TX @$0.0035 per square foot;(20)Valencia Lawn Care, Port Arthur, TX @ $0.0035 per square foot; (21) Smith's Remodeling,Port Arthur, TX @ $0.0036 per square foot; (22) B & N Mowers, LLC, Port Arthur, TX @ $0.0037 per square foot; (23) Frank's Trucking,Port Arthur,TX @ $0.0039 per square foot; and(24) Lloyd Mitchell, Port Arthur, TX @ $0.0039 per square foot. (Due to an abundance of high grass in Port Arthur, the Environmental Health Division needs multiple contractors to maintain each area.) The contractors must submit proof of insurance. DTP/pld 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. # 24167 4/21/25 PLD RESOLUTION NO. A RESOLUTION AUTHORIZING ONE (1) YEAR CONTRACTS BETWEEN THE CITY OF PORT ARTHUR AND TWENTY-FOUR(24)VENDORS: (1)ALL IN ONE LAWN SERVICES,BRIDGE CITY, TX @ $0.0034 PER SQUARE FOOT; (2) B & N MOWERS, LLC, PORT ARTHUR, TX @ $0.0037 PER SQUARE FOOT; (3) BST SOLUTIONS, PORT ARTHUR, TX @ $0.0031 PER SQUARE FOOT; (4) DMJ LANDSCAPING, PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT; (5) D OLIVER LAWN CARE, PORT ARTHUR, TX @ $0.0035 PER SQUARE FOOT; (6) EDUARDO T.O. LANDSCAPING, GROVES, TX @ $0.0034 PER SQUARE FOOT; (7) FRANK'S TRUCKING, PORT ARTHUR, TX @ $0.0039 PER SQUARE FOOT; (8) G & G GRAY, PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT; (9) GONZALEZ LAWN CARE, PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT; (10) ISRAEL CONSTRUCTION, PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT;(11)ISRAEL LOPEZ LAWN SERVICE,PORT ARTHUR,TX @$0.0035 PER SQUARE FOOT; (12) JL LANDSCAPING, PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT; (13) JM LAWN SERVICE, PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT; (14) K & D AFFORDABLE LAWN SERVICE, PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT; (15) LLOYD MITCHELL, PORT ARTHUR, TX @$0.0039 PER SQUARE FOOT; (16)MARSH TRANSPORTS,PORT ARTHUR, TX @ $0.0035 PER SQUARE FOOT; (17) M S SERVICE, PORT ARTHUR, TX @ $0.0033 PER SQUARE FOOT; (18)MAYON LAWN SERVICE,PORT ARTHUR,TX @$0.0034 PER SQUARE FOOT; (19)NO PROBLEM SERVICES,BEAUMONT,TX @ $0.0034 PER SQUARE FOOT; (20) SETX LAWN & MAINTENANCE, BEAUMONT, TX @ $0.00339 PER SQUARE FOOT; (21) SIGNATURE LAWN SERVICE, PORT ARTHUR, TX @ $0.0034 PER SQUARE FOOT; (22) SMITH'S REMODELING, PORT ARTHUR, TX @ $0.0036 PER SQUARE FOOT; (23) SMO UNLIMITED, PORT ARTHUR, TX @ $0.0033 PER SQUARE FOOT, AND (24) VALENCIA LAWN CARE, PORT ARTHUR, TX @ $0.0035 PER SQUARE FOOT. FOR GRASS MOWING SERVICES OF PRIVATELY-OWNED AND CITY-OWNED VACANT & DEVELOPED LOTS IN AREAS OF THE CITY DESIGNATED AS AREAS B-E, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $500,000.00.FUNDS ARE AVAILABLE IN GENERAL FUND ACCOUNT NUMBER 001-13-039-5470-00-50-000 (OTHER CONTRACTUAL SERVICE) CONTINGENT UPON ANNUAL APPROPRIATION. WHEREAS, there are a large amount of properties that the City maintains by mowing the grass, due to the lack of care by the owners; and WHEREAS, multiple contractors are needed for each area due to the volume; and WHEREAS, the City advertised for bids in the Port Arthur News on February 22, 2025, and March 1, 2025; and WHEREAS, the City received twenty-seven (27) bids on March 19, 2025; and P. R.#24167 4/21/25 PLD WHEREAS, C.A.A& J was disqualified for failing to respond to inquiries; and WHEREAS,Port Arthur Lawn Solutions rescinded their bid; and WHEREAS, Triangle Dirt Works was not awarded because its bid was cost-prohibitive; 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 Areas B-E that is available at the time; and WHEREAS,the list of successful bidders is attached hereto as Exhibit`B"; and WHEREAS,the City received identical bids for contractors as shown in Exhibit B-1; and WHEREAS, Section 271.901,Texas Local Government Code states the lowest bidder by casting of lots in the case of identical bids to determine position in rotation; and WHEREAS,the contract is for one(1)year with the option to renew for two(2)additional one(1)year period; and said contracts are attached as exhibits C through Z. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1.That,the facts and opinions in the preamble are true and correct. Section 2. That, for the purposes of this Resolution, Area B is bordered to the west by Foley Street and to the east by Savannah Avenue, its southern border is West Procter Street, and its northern border is Zwolle Road. Area C is bordered to the west by Savannah Avenue, to the east by 9th Avenue, to the south by Lakeshore Drive, and to the north by 25th Street. Area D is bordered to the west by 9th Avenue, and to the eastward boundary of the City, the southern boundary is Lakeshore Drive, and the northern boundary is 25th Street (Griffing Drive). Area E is bordered to the south by 25th Street and its northern border is Aero Drive, its western border is Memorial Boulevard and its eastern border is Jefferson Drive (Twin City Highway). P. R. # 24167 4/21/25 PLD Section 3. That, the City Manager is hereby authorized to execute, on behalf of the City of Port Arthur, contracts with (1) All In One Lawn Services, Bridge City, TX @ $0.0034 per square foot; (2) B & N Mowers, LLC, Port Arthur, TX @ $0.0037 per square foot; (3) BST Solutions, Port Arthur, TX @$0.0031 per square foot; (4) DMJ Landscaping, Port Arthur, TX @ $0.0034 per square foot; (5) D Oliver Lawn Care, Port Arthur, TX @ $0.0035 per square foot; (6) Eduardo T.O. Landscaping, Groves, TX @ $0.0034 per square foot; (7) Frank's Trucking, Port Arthur, TX @ $0.0039 per square foot; (8) G & G Gray, Port Arthur, TX @ $0.0034 per square foot; (9) Gonzalez Lawn Care, Port Arthur, TX @ $0.0034 per square foot; (10) Israel Construction, Port Arthur, TX @ $0.0034 per square foot; (11) Israel Lopez Lawn Service, Port Arthur, TX @ $0.0035 per square foot; (12) JL Landscaping, Port Arthur, TX @ $0.0034 per square foot; (13) JM Lawn Service, Port Arthur, TX @ $0.0034 per square foot; (14) K & D Affordable Lawn Service, Port Arthur, TX @$0.0034 per square foot; (15) Lloyd Mitchell, Port Arthur,TX @ $0.0039 per square foot; (16) Marsh Transports, Port Arthur, TX @ $0.0035 per square foot; (17) M S Service, Port Arthur, TX @ $0.0033 per square foot; (18) Mayon Lawn Service, Port Arthur, TX @ $0.0034 per square foot; (19) No Problem Services, Beaumont, TX @ $0.0034 per square foot; (20) SETX Lawn & Maintenance, Beaumont, TX @ $0.00339 per square foot; (21) Signature Lawn Service, Port Arthur, TX @ $0.0034 per square foot; (22) Smith's Remodeling, Port Arthur,TX @$0.0036 per square foot; (23)SMO Unlimited, Port Arthur, TX @ $0.0033 per square foot; and (24) Valencia Lawn Care, Port Arthur, TX @ $0.0035 per square foot, for the mowing of vacant and developed lots located in the areas designated as Area B-E. P. R. # 24167 4/21/25 PLD Section 4. That, in the presence of the governing body, and in a manner prescribed by the Mayor, lots were cast and the official order of rotation after casting of lots is attached hereto as Exhibit B-1. Section 5: That, a copy of this caption be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED on this 6th day of May, A.D., 2025, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor Council Members NOES: THURMAN BILL BARTIE, MAYOR ATTEST: APP +ORM: SHERRI BELLARD, TRMC ROXANN PAIS COTRONEO CITY SECRETARY , CITY ATTORNEY APPROVED At 1 '* TION: APPROVED AS TO AVAILABILITY OF _ FT RO 1 D . .. ON ' l •t (xti (/ (9J�-e-...4 C , A AlG:; .7()_.0 L "LYN"BOSWELL, �CMA-CM FINANCE DIRECTOR Amu AO 4-11' PAMELA LANGFORD, PM APPROVED FOR PURCHASING ACM-O'ERATIONS/DIRECTOR OF D VE •PMENT SERVICES f / ii,/ , L,jj1/4„ ./ I IA j . 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R° ta ,. fZ �] t. 69 b9 O y A =3' d V 0 mto • • - yO n RD a. o o o O a S2° o y a a el) eT Cx 2w n' qyy A V C Z69 69e•P eD o u', v, "be) A C o o 211 , OND ' -oaR° - o CD 0 EXHIBIT B ENVIRONMENTAL HEALTH-VACANT AND DEVELOPED LOTS AREA B-E SUCCESSFUL BIDDERS ORDER OF ROTATION CONTRACTOR EXHIBIT PER SQUARE FT BST SOLUTIONS, PORT ARTHUR, TX C $0.0031 M S SERVICE,PORT ARTHUR, TX D $0.0033 SMO UNLIMITED,PORT ARTHUR,TX E $0.0033 SETX LAWN & MAINTENANCE,BEAUMONT, TX F S0.00339 GONZALEZ LAWN CARE, PORT ARTHUR,TX G S0.0034 ALL IN ONE LAWN SERVICES, BRIDGE CITY,TX H $0.0034 MAYON LAWN SERVICE,PORT ARTHUR,TX I $0.0034 G & G GRAY,PORT ARTHUR,TX J $0.0034 EDUARDO T.O. LANDSCAPING,GROVES, TX K $0.0034 NO PROBLEM SERVICES,BEAUMONT,TX L $0.0034 JM LAWN SERVICE,PORT ARTHUR,TX M $0.0034 JL LANDSCAPING,PORT ARTHUR,TX N S0.0034 K& D AFFORDABLE LAWN SERVICE,PORT ARTHUR,TX O $0.0034 SIGNATURE LAWN SERVICE,PORT ARTHUR, TX P $0.0034 DMJ LANDSCAPING, PORT ARTHUR,TX Q $0.0034 ISRAEL CONSTRUCTION, PORT ARTHUR,TX R $0.0034 EXHIBIT B PAGE 2 OF 2 MARSH TRANSPORTS,PORT ARTHUR,TX S S0.0035 ISRAEL LOPEZ LAWN SERVICE,PORT ARTHUR,TX T S0.0035 D OLIVER LAWN CARE,PORT ARTHUR,TX U S0.0035 VALENCIA LAWN CARE, PORT ARTHUR,TX V S0.0035 SMITH'S REMODELING,PORT ARTHUR, TX W S0.0036 B & N MOWERS,LLC, PORT ARTHUR, TX X S0.0037 FRANK'S TRUCKING,PORT ARTHUR,TX Y S0.0039 LLOYD MITCHELL,PORT ARTHUR, TX Z $0.0039 EXHIBIT B-1 ENVIRONMENTAL HEALTH-VACANT AND DEVELOPED LOTS AREA B-E SUCCESSFUL BIDDERS ORDER OF ROTATION CONTRACTOR ORDER OF PER SQUARE FT ROTATION BST SOLUTIONS, PORT ARTHUR, TX $0.0031 M S SERVICE,PORT ARTHUR,TX $0.0033 TIE SMO UNLIMITED,PORT ARTHUR, TX $0.0033 TIE SETX LAWN & MAINTENANCE,BEAUMONT, TX $0.00339 GONZALEZ LAWN CARE,PORT ARTHUR,TX $0.0034 TIE ALL IN ONE LAWN SERVICES,BRIDGE CITY,TX $0.0034 TIE MAYON LAWN SERVICE, PORT ARTHUR, TX $0.0034 TIE G & G GRAY,PORT ARTHUR,TX $0.0034 TIE EDUARDO T.O. LANDSCAPING,GROVES,TX $0.0034 TIE NO PROBLEM SERVICES,BEAUMONT,TX $0.0034 "CIE JM LAWN SERVICE, PORT ARTHUR,TX $0.0034 TII, JL LANDSCAPING, PORT ARTHUR, TX $0.0034 TIE K & D AFFORDABLE LAWN SERVICE, PORT ARTHUR, TX $0.0034 TIE SIGNATURE LAWN SERVICE,PORT ARTHUR, TX $0.0034 TIE DMJ LANDSCAPING, PORT ARTHUR,TX $0.0034 TIE ISRAEL CONSTRUCTION, PORT ARTHUR, TX $0.0034 TIE EXHIBIT B-1 PAGE 2 OF 2 MARSH TRANSPORTS, PORT ARTHUR,TX $0.0035 III: ISRAEL LOPEZ LAWN SERVICE,PORT ARTHUR,TX $0.0035 "III D OLIVER LAWN CARE,PORT ARTHUR,TX $0.0035 T II VALENCIA LAWN CARE,PORT ARTHUR,TX $0.0035 TI I: SMITH'S REMODELING,PORT ARTHUR, TX $0.0036 B & N MOWERS, LLC,PORT ARTHUR, TX $0.0037 FRANK'S TRUCKING,PORT ARTHUR, TX $0.0039 TIE LLOYD MITCHELL,PORT ARTHUR,TX $0.0039 TIE EXHIBIT C CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation,organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and BST SOLUTIONS, herein acting individual, firm, partnership or corporation by and through Solomon Tyler, hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 11, 2025, to May 10, 2026,with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0031 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications 1) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT C CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. BST SOLUTIONS BY Solomon Tyler ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday;March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday;March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.pubiicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. PUBLIC NOTICE Clifton illiams 'OF PORT ARTHUR,TEXAS Purchasing Manager IVERTISEMENT FOR BIDS I , Notice is hereby given that sealed bids,addressed to the City of Port Arthur.will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, !City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT 8,DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be', retrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.com. !NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 6,2025 AT 110:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. .,4e " Clifton Williams j Purchasing Manager Car o(— -CITY OF PORT ARTHUR, TEXAS rthu� ADDENDUM NO. ONE (1) art G;.: 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. ` l�., Clifton Williams Purchasing Manager 5a4.,ittd. 3/10/2025 S' ature of Proposer Date BST Solutions Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area "A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B l" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area C1: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. _ 2. Area E is 25th Street (Griffmg Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinj'Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed 1 properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property,the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. lst Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails,text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A, B C.DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT & VACANT & NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE I AREA A $ .0031 $ 75 2 AREAS B -E $ .0031 S 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 4f2' ta. (/ a.2 w SIGNATURE OF BIDDER P.O. BOX John Barnes Port Arhur TX 77640 PRINT OR TYPE NAME CITY STATE ZIP Owner 409-293-0092 TITLE AREA CODE TELEPHONE NO jbarnessadler a§bstsolutionslIc.com 346-770-2535 EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog 3 Qty2 - 5ft; Qty1 -7ft; Qty1-20ft Zero Turn or Riding Mower 2 60in Weedeater 4 N/A Hedge Trimmers 3 N/A Walk Behind 1 N/A Chainsaw 3 N/A Blower 1 N/A Edger 4 N/A Number of Employee that will mow the Lots 2 3/10/2025 ignature of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. - Signature: Printed Name: John Barnes Title: Owner Company: BST Solutions Date: 3/10/2025 SUBSCRIBED and sworn to before me by the above named —4/1z --E_i`lf--5- on this the I day of(-'Gaza, i , 20 ,') . '-- Z� Notary Public in and force-- State of Texas MISHONNIE BARNES 0 Notary ID#133333882 0 { v;7�(�; My Commission Expires My commission expires: of 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.corn Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named L/ LI1 ,L22in e 3 on this the /U day of Wc.(C%4- ,20 `5 . '/L.J-kciUti-CA4C ��0.Y°vs MISHONNIE BARNES Notary Public i� � Notary ID#133333882 N9 46. MyS Coemberion 15 E2025 xpireS . : • 1 I AVIT 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 t l Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ` t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer 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 n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes -i 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 es an officer or director, or holds an ownership interest of one percent or more. riCheck this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B). excluding gifts described in Section 176.003(a-1). 3/10/2025 Si ature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130/2015 rage i i or as 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/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local govemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor, Local Government Code§176.006(a)and(a-11 (a) 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 1t 30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, 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 OF REPRESENTATIVE UBS RIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / ' day of `���l {�A , 20 . 4le MISHONNIE BARNES Notary Public Notary ID#133333882 My Commission Expires ' � September 15, 2025 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filineinfo!conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the 1'IB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal fmancial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance,construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by. giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15)days before the effective date of such termination. Notwithstanding the above,the Contractor shall Page 23 of 25 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage $100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERl'1FICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CON TRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT D CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and M S SERVICE, herein acting individual, firm, partnership or corporation by and through Maria Lopez, hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0033 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications O Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT D CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. M S SERVICE BY Maria Lopez ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3`00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor' City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street City of Port Arthur,and are open for public inspection without charge_They can also be retrieved from the City's website at www_portarthurtx.gov/bids.aspx or www.publiicpurchase.€om. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORTARTHUR,TEXAS Per Chapter 2 Article VI Sec,2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. • CALI . PUBLIC NOTICE Clifton Williams 'OF PORT ARTHUR,TEXAS ( Purchasing Manager WERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 244 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 300 p.m„Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 I 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. i NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 110:00 A.M,AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager 4 c,h ,r -CITY OF PORT ARTHUR, TEXAS a k , ort rtltttr ff ADDENDUM NO. ONE (1) Tirac 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. C „ . LA Clifton Williams Purchasing Manager aVIa J c Z3 - ic Signature o Proposer Date 55e4/V / Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service,to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. • Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"AT' is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area C1: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Griffing Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinji Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5') past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. lst Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails,text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to 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 0 0 3 3 S 2 AREAS B -E S 0 U o 33 3 AREA F S $ Award will be based on bid price,crews,and equipment. C.57;5eY 410 3 3 S "- COMPANY NAME STREET ADDRESS SIGNA'1'L.'RE OF'BIDDER P.O. BOX G' YiTaE NAM‘ ` ray) Y� i -I j,try 77 7 7 (r� 1_ PRINT OR CITY STATE ZIP elk) 33 TITLE AREA CODE l LLEPHONE NO EMAIL (. �F 4X NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog O Go () 6 Zero Turn or Riding Mower i Weedeater N/A Hedge Trimmers I N/A Walk Behind ) N/A Chainsaw N/A Blower Z.— N/A Edger N/A Number of Employee that will mow the Lots acvf i ‘ (OPe _ /o z5"- Signature of Proposer ate Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: r i Printed Name: 9 Title: a tee.. Company: l,tn` 5� ��C Date: _3 —/U _25 SUBSCRIBED and sworn to before me by the above named i�QrY►O (OVZ on this the l day of /m01/4 , 20 a5 . `Pai6 -.1:1,4 PATSY LORELLDANIEIS Notary Publi in and for the o% UQ Notary ID#126613342 ires State of Texas My Commission E2028 September 1 S, My commission expires: _ g-Zo Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: 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. y (0 tz 3--- to -2- Firm Name Date Authorized Signature Title Name (please print) Telephone cSsC--`6v e/973-6e : '-to// 7r), i 10F) 3_52_ 79k Email STATE: I XI COUNTY: 3--e- ,y5O SUBSCRIBED AND SWORN to before me by the above named At Y i l.20�0 on this the ` day of N 'YCI , 205 . (—PaPATSY LORELL# DANiELS 4 f�;` Notary ID 126613342 Notary Public 4 My Commission Expires ) September 18, 2028 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Data Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. ?1 Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f I completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 2-1 Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income;other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 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). J A C1 ; (0 6? ("c5 Signature of vendor doing business with the govemmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30!2015 rageiioiLJ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income,other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or afamily member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 \\Itk Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, / t. cur ic Pe', ,the undersigned an M representative of /� (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. r) (C7PC2 Name of Company Representative (Print) MO ""6-e / c� Signature of Company Representative 3 - /0 - 0-5- Date Page 19 of 25 w F , House Bill 89 Verification I, MO j ' /) 0c '7 (Person name), the undersigned representative (hereafter referred to as "Representative") of P y' i/'J ( E (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this /f44 day of , 2 . 4) "'o, PATSYLORELL DANIELS NotaryID#126613342a; My Commission Expires �r� g„.04riutah 1.1— September t8, 2028 Notary P •lic Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://\,\wv .ethics.state.tx.us/filineinfo'conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the 1'1B and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel)in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal fmancial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this TTB. 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 to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage $100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies,and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s)shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT E CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E 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 SMO UNLIMITED, herein acting individual, firm, partnership or corporation by and through Morris Johnson, 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 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0033 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT E 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. SMO UNLIMITED BY Morris Johnson ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street orP:O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall, Port Arthur;Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. PUBLIC NOTICE Clifton tt iltiams OF PORT ARTHUR,TEXAS Purchasing Manager sVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444'4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. i Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.publicpurchase.com. I NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 110:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS I Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. i f Clifton Williams Purchasing Manager { c r L ' -CITY OF PORT ARTHUR,TEXAS 'fb ADDENDUM NO.ONE (1) or•t rthur 7i qr1 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. � r �^ //. -1Cr _:iG, Clifton Williams Purchasing Manager Signature of Proposer Date 6 ri4e2 LA-,2 ; L- Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service,to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1Y2 acre. 5. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side (Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area Cl: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinji Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over V2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health, the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of 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 City-owned Developed and Vacant lots in Areas A, B C,DE4c 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 $ //t. $ e 2 AREASB-E $ ,60 L53 Taw /J" 0, 3 AREA $ / $ /f Award will be based on bid price,crews,and equipment. COMPANY NAME S 1 BEET ADDRESS SIGNATURE OF BIDDER P.O.BOX PRINT OR TYPE NAME CITY STA Ib ZIP TITLE AREA CODE TELEPHONE NO 5/T>0 '7-;(),0 C/12 G ee, EMAIL ' VAX NO. Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower e / Weedeater N/A Hedge Trimmers N/A Walk Behind ` N/A Chainsaw / N/A Blower / N/A Edger N/A Number of Employee that will mow the Lots -i ce' jj _ Signature of Proposer Date NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: Company: Date: yv � SUBSCRIBED and sworn to before me the undersigned authority by the 17 day of, 1( an behalf of said bidder. "etary Public in and for the • P TUYET MAI State of Texas t Notary Public,State of Texas ',pi Comm.Expires May 4,2027 ID#10077445 My commission expires: `(/ • • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: / hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. - - - Firm Name LM.M'z'j ivixiffs--- Date L-CnO t) /14 1/(L_ Authorized Signature Title irn0C,-.5 OCA.), Oy 1/40,i7Y7 Name (please print) Telephone jthe, i/eLi1iL , Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named )14.(2,71.615 ,J (Or on this the i 7 day of -itiaA 20 TUYET I/14g 41(4i Notary Public,State of Texas 11,4tary Public Comm.Expires May 4,2027 ID#10077445 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL 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.23,24rh Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Coda,by a vendor who n,ro goca,ve+ has a business relationship as detined by Section t76.001(t-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). 1 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 stefament 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 Coda.An offense under this section is a misdemeanor. ii Name of vendor who has a business retail 'p with local governmental entity. A- J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) al Name of local government officer about whom theeii formation is being disclosed. fir 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 Aand S 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 I No 8. is the vendor receiving or likely to receive taxable incor e them than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 4 11 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). II c/ ./t Signature of vendor doing business with the govemmen entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.Par 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 lee renulation by a federal,state,or local covernmental entity nr an III r. . . . � �:C;_ •:.:'::.".._^.yV 1'C:l tllt�t:l.^-:GIINtjf, (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 shalt file a conflicts disclosure statement with respect to a vendor if: (2) ti YFlI Idu . (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 Q2.SO0 durinc the 12-month period precediily tiie dale iliai ii18Oifii e(bectiiies awaie t lei (i) a contract between the local governmental entity and vendor has been executed; a flit the local governmental entity is considerinc antenna 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. Lceat Governmen!C de&176.0061at and fa-11 (a) Avendor shall tile a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (t) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officor.described by Section 176.003(a)(21(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 17n.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); (a) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1 1/30120 1 5 SB 252 CHAPTER 2252 CERTJFICATION fr,„ ,the undersigned an representative of ( (Company or Business Name) being an adult over the age of eighteen (18) years of age,pursuant to Texas Government Code, Chapter 2252, Section 9252.152 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 7953.153. I further certify that should the above-named company enter into a contract that is on said listing of cunipanies 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 Depdi tiuent Name of Company Representative(Print) Signature of Company Representative Date 1, If, ,^4-• House Bill 89 Verification (Person name), the undersigned representative (hereafter referred to as "Representative") of .17 d� � �,,�/4 t,/ (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. 1-17 SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 11 day of `7j1 a4 , 2Q . 4 'o TUYET MAI I �,�f rA��(/J�l�14 '. *,�`9;� t=Notary Public,State of Texas I /y",0 "�'` ` .l��l h Comm.Expires May 4,2027 1' tary Public "9rP OF t�yP. i iR#90077445 � s 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://1N1N,NN.ethics.state.tx.us/filineinfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. • Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal 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 to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERl'1HCATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT F CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER"or"CITY" and SETX LAWN & MAINTENANCE, herein acting individual, firm, partnership or corporation by and through Anthony Young, hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.00339 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT F 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. SETX LAWN& MAINTENANCE BY Anthony Young ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT 8 DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on fife in the Purchasing Office,444 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Wiliiam& OF PORT ARTHUR,TEXAS Purchasing Manager WERTISEMENT FOR BIDS i - Notice is hereby given that sealed bids,addressed to the City of Port Arthur.will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 110:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations eftto the City: • ° {t f„ Clifton Williams Purchasing Manager *tea , -CITY OF PORT ARTHUR,TEXAS �Cm of + ADDENDUM NO.ONE(I) virgirt rtttur 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 wi th attached Bid Page addingCost Per Acre for Areas B-E. � g � 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. e64,6, (,,, :c Clifton Williams Purchasing Manager Signature Pi posO. Date fETY/ 9 ,ai r4,tertee Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area"Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. 5. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 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: 4 Map outlining the Areas is attached as Appendix "A" Mowinj'Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6")in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less,and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property,the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. Pt Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are day required to contact Environmental Health within the same byphone or email. A letter or q email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A,B C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREAA $ '�253 $ 2 AREASB - E $ , JJ $ OD, " 3 AREAF $ Nr igjJ $ ACt Bid Award will be based on bid price,crews,and equipment. `04,-)n 1 N-,,te ce COMPANY NAME STREET ADDRESS ,Z?,2 72 IGNA O BIDD P.O. BOX A7LAv wn f ��' 77 rza PRINT OR AM CITY STATE ZIP TITLE AREA CODE TELEPHONE NO I/tm..yrgs€7je , -cans EMAIL FAX NO. Page 13 of 25 Equipment List Equipment l � Qty Size of Cutting Deck Bush Hog -Y:�l .bc.j6t- Zero Turn or Riding Mower Ze=rc � Weedeater f® N/A Hedge Trimmers 2- N/A Walk Behind 0 N/A Chainsaw N/A Blower N/A Edger f N/A Number of Employee that will mow the Lots 6 g 3/Il Signature of po er Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: fLrfi 4)7-- /.) Title: Company: Su- &sfi t te." Date: 7/y /25' SUBSCRIBED y nd sworn to before me by the above named /lc�1 on this the /5" day of �nGi , 20LcS JANSON TANG Notarypublic in and for t e . . is �:Notary Public,State of Texas State of Texas Comm.Expires 03-13-2027 Notary ID 126037350 My commission expires:. —g--17 Page 15 of 25 1 • AFFIDAVIT 1 pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer the company whose signature is binding. ie undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay cceeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said btu prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an reement for the payment of said debts. I further agree to pay succeeding debts as they become due. 7i5/`Y! toU-/-/T�Cl f Lhl.),t ! 4 in tel'e'1 3//7 4-5 rm Name Date athorized Signatur Title ,479Loy Otwy < Lydq)q4 r2/" ame(please grin Telephone nail CATE: ek.4 f OUNTY: J� e�Svrj JBSCRIBED AND SWORN to before me by the above named A#.ii 4w,y 1 this the day of dre4 , 2045 / /I JANSON TANG Notary Public,State of Texas Not Public comm.Expires 03.13-2027 Notary 1D 126037350 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTION.NAI;RE FORM Citil For vendor doing business with focal governmental entity This questionnaire reflects changes Made to the law by H.B.23,84th Leg, Regular Session. QFFIGEUSEONLY This questionnaire is being filed in accordance with Chapter 170 Local Government Code,by a vendor who Date Received fits a business relationship;as defined by Section im.-e0t(1-a)With.a local governmental entity and the vendor meets requiremertts under Section f76 006(a). By law,,this..questionnaire must be filed with the records administrator of the local governmental entity not rater than:the 7tir besiness day2iter the date the vendor becomes aware of facts that require the statement to be: OW, See Seat en1 000(a71),.tofu.Govefdntetit Code: Avehdor.commits an offense iif the vendor knowingly violates Section 176.006,Local Government Code.An off i06:4nder this sactiori is a rmisderii'eaincir, . 1.1 Name ofvendorwho has a business relationship with local governmental erttiN. Check his box rf you arefiling an update taapreviously filed questionnaire.(The taw requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day afterthe:.date on which Aou became aware that the originally filed questionnaire was'iheomplete or inaccurate:) J Name of local government officer about whom theinforrnatiorris being disclosed. Name of Officer Describe each employment or other business relationship with The local government officer,or a family member of the officer,as described by Section f 76.00 3(aX2)(A). Also describe any family'retatibnship With the local government officer. Complete subparts Aand B for each employment or business relationship described,Attach additional pagesto this Form &IQ as necessary. � /f A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment indome,from the vendor? Yes a No • B. Is the vendor receiving or likely to receive,taxable income,other than investment:income,`irom 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? Q Yes n No Describe each.empióymentor business relationshipthatthevendor named in Section 1 riraitnaipswith forporation 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. /n Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts described in Section 176.003(02)0), excluding gifts described in Section 176.0033(a-1). Signs re of vendor in usiness wi a governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1 f/30/2015 rage i r vi ha CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with law governmental entity A complete copy of Chapter 176 Of the Local Government Code may be faun at http://www.statutes.legis.state.tx.us/ Doct/LO/htrii/LG.176.htni.For easy reference,beloW are SOrited of thddidn't cited on this fOrrri. Local Government Codes 176.001(1-a):'Business relationship'.mean sa connection between two or more parties based on commercial activity of one 011ie partiet, The term does notincludea connection based on; (A)a transaction that iS SubleCt tO rate or fee regulation by afeaeral,State,or local governmental entity or an .agetioybf a federal,Statkor boat governmental entity; (B) a transaction'conducted at a Price and SUbjectiolerinSaVallable to the public; (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)Mid(G): (a)A boal government'Officer Shall file a Conflidta 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 inVestrnent indorne,that exceeds$2,500 during the 12-rncinth period Preceding the date that the lifter bedtirnet aware that (i) a contract between the local goverrinierital entity and vendor has been eXeCuted; or (ii) the local governmental entity is considering entering into a contract with the vendOn (B)has given tdthe total govern merit Officer-or afainily Member of the officer one or More gift that haVean aggregateValtie of mote than$100 in the 124i1Orith period preceding the date the officer bedorriet aware that: (i) a contract between the focal 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 fi176.006(e)and(a-i) (a)A Vendor shall fileadornpleted 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,era family member of the officer,described by Section 176..003.(a)(4(A); (2) has given a.tocal government officer of that local governmental entity,or a family member of the off icier,one or more cuffs 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 telattoriShiP 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 disdusSiOns or negotiations to enter into a contract with the local governmental entity;or (B) Subitinsto thelocal 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 Merriber of the officer,deScribed by Subsection(a); (B) that the vendor has given One or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, 44Oi27_ f, c. , the undersigned an representative of J 4 T 4" / /re;„xO G� (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. SIAM , Name of CoCoeii y Reesentative (Print) Signature of romp y esentative Date Page 19 of 25 House Bill 89 Verification I, //, 1' 9 / o(,d" (Person name), the undersigned representative (hereafter (/ referred to as "Representative") of 5J , s f � S /6:4 av,c- (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OFLRE RESENT E SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this Ij1 day of /% -rIi , 245 ,,uui,, JANSON TANG -g.* `..,;Notary Public,State of Texas zu '0- Comm.Expires 03 t3 2027 Nota ublic Notary ID 126037350 Page 20 of 25 toy iF 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://\\u\c.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 I 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 fI 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 financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will,in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by. giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15)days before the effective date of such termination. Notwithstanding the above,the Contractor shall Page 23 of 25 ig not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of.insurance should be altered or modified in any respect except as herein expressly authorized. Said CERFI ICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s)shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT G CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E 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 GONZALEZ LAWN CARE, herein acting individual, firm, partnership or corporation by and through Alfonso Gonzalez, 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 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT G 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. GONZALEZ LAWN CARE BY Alfonso Gonzalez ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govtbids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. & _1, PUBLIC NOTICE Clifton Williams OF PORT ARTHUR,TEXAS Purchasing Manager VERTISEMENT FOR BIDS `Notice is hereby given that sealed bids,addressed to the City of Port Arthur.will be received at the j Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089;Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and I read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: f GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be I retrieved from the City's website at www.portarthurtx.govibids.aspx or www.pubiicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT {10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager N:a ate, 1 -CITY OF PORT ARTHUR, TEXAS • ADDENDUM NO. ONE (1) arA rth[[r March 10, 2025 BID FOR: GRASS MOWING OF CI.TY 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 he 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, 5fi' 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 Signature of Proposer Date eZ ICLur\ care. Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village,Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 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 (Gritting Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinj'Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/ an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5') past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing,the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. Page 12 of 25 • CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A, B C, DE& F" BID DUE DATE: March 12, 2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE AREA A $ $ 2 AREAS B- E $ ® • 00 3L4 S 3 AREA F $ $ Award will be based on bid price,crews, and equipment. (CAY et)le-1-2-CA tom.��Z e 62H0 qth at- COMPANY NAME STREET ADDRESS 1 N E OF Bf p ER P.O. BOX Al-FOr\SO 1e a Qor+ fl-rt-hwr -11li9 2- PRINT OR TYPE NAME CITY STATE ZIP dv\i n r '?"1(pi-t2 (4( )00 c "7O 2- TITLE AREA CODE TELEPHONE NO On oci 15P(y jai l EM L FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog , tip t Zero Turn or Riding Mower Weedeater N/A Hedge Trimmers 2 N/A Walk Behind N/A Chainsaw N/A Blower N/A Edger N/A Number of Employee that will mow the Lots 3 Sign of Propose 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: --41 1 i��� � — — Printed Name: eita - �� Title: O Company: x x- -c (e i co—u Cc r s Date: 3 J i D' 0_5 SUBSCRIBED and sworn to before me by the above named / )- SO 66044,on this the (3 day of rklich , 2045" . /C41 ot„,_ PATSY LORELL DANIELS Notary Public i' and for the $, 1.,,s Notary ID$126613342 ► State of Texas 4'v MSeptember 18,mission 2028 Expires (� My commission expires: / 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: / 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. \0) TWO, c)vozae2, 51 10 j Firm Name Date 16 e A/,,er464) Ailtlioriz Signature Title Pt NOR 6t (}-101),s OD - b9_, Name(please print) Telephone CbCU1l tP0115 11 1 ,COYY1 Emait STATE: reY61S COUNTY: 1-64:ErS5rTh SUBSCRIBED AND SWORN to before me by the above named A J-t 6 n50 40A-mitz, on this the 1.3 i lA day of ` Q r , 20 A5 +...we..E..n.ti..H. 064;4 i'„ , PATSY LORELL. :.>Nii: 070 Notary ID It125613 3, Notary Pub c �� . My Commission C:xpir Septemoer 18. 2028 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL 4 ,�a PATSY LORELL DANIELS t41 Notary ID#126613342 1.Z. My Commission Expires September 18, 2028 Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session_ OFFiCE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who 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. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 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? U Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 1 fl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Si 5i a ire of don doi busine th the go ri ental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/302015 rage i i 01 La 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.usi DocstLG/htmiLG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to.that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income,other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130'2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION IptioND 01"174\,Pi ,the undersigned an representative of Eo2-c4e2 \ ckr\ eckv-e (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 7,53.153. 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 AArth Purchasing Department. nct OY\2At& Name of Corn any Re resentative (Print 1 Signatu o Company Re r sen ' (b lib z6 Date Page 19 of 25 House Bill 89 Verification ' f'.1 O'D 2-6 2 (Person name), the undersigned representative (hereafter referred to as "Representative") of ft0fl2Ck2 (&V'i fl C'Ck e (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 4 Ongt1)6/42SI N TU E OF REPRENTfTIVE `J SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 13 day of 1404 , r4,e PATSY LORELL DANIELS CPCC 014A4i/ Notary ID#126613342 Notary Public A.,: My Commission Expires ''to,4- September 18, 2028 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB,the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://w\\".ethics.state.tx.us/filin2info'conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a mariner 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 fIB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal fmancial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this TTB. 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. TERNIINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERI'lHCATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT H CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and ALL IN ONE LAWN SERVICES, herein acting individual, firm, partnership or corporation by and through Aleiandra Magana, hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT H 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton. CPM, City Manager Signed on the day of 2025. ALL IN ONE LAWN SERVICES BY Alejandra Magana ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P_O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at3:15 p.m,,on Wednesday, March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,414 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET;PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams 'OF PORT ARTHUR,TEXAS Purchasing Manager IVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.corn. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT [10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. � C14. ss 4 L . f z: Clifton Ai&itiarns Purchasing Manager -CITY OF PORT ARTHUR,TEXAS Cit ort rthu��"—to ADDENDUM NO. ONE (1) Pew, 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. t Clifton Williams Purchasing Manager 3 io kz/ Signature of Proposer Date 4! YdkcAL / i'c Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village,Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 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. 1 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 25`h Street (Griffing Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinji Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over Y2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet (5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health, the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 Z 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 l'acant 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 s I AREA A $ b .oo 35 $ 2 AREAS B-E $ d, oo-3u $ 3 AREA F $ W _l $ Award will be based on bid price,crews, and equipment. all in anc. tcttif SCrvicrj' /o/D dhoiriale Lr COMPANY NAME STREET ADDRESS SIGNA 'RE OF BIDDER P.O. BOX Alf- +rct in c 9an g ,edge �1 7G N PRIN R TYPE NAME / CITY STATE ZIP CiWrItr Ctiaci Zc)3 - C1?Cos TITLE AREA CODE TELEPHONE NO akin o ri Zcatin 6-5 00.'41/C60iEMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog _— r Zero Turn or Riding Mower 3 (PV / G70 /b0 Weedeater 1/ N/A Hedge Trimmers 2 N/A Walk Behind N/A Chainsaw N/A Blower - N/A Edger 2 N/A Number of Employee that will mow the Lots 9 ifts hs Signature of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. - Signature: gaee Printed Name: �ejo rtc ka �iaga-- Title: U[3 Wl f.Y �,�+� Company: cl)1 )4 on ewj,i Date: //0 f 2q SUBSCRIBED and sworn to before me by the above named f t\tynArri. Payne,-on this the 104k, day ofb\Qfc.t. , 20 XS' . Vjo/tiLtah PATSY LORELL DANIELS Nota blic in and for the \ ry P Notary ID#126613342 State of Texas My Commission EZ028s '' September 18, My commission expires: 9 - 18-a aai' Pape 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: V 1 hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay 7 succeeding debts as they become due. JMI I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for e payment of said debts. I further agree to pay succeeding debts as they become due. AL bf, 3 //o iz.5 Firm Nam g Date LI _ C-- rk.011 ex uthor ed Signature Title -kkcy A-a rC• LAat g rI n a— Name (please print) Telephone a iim one Li on g mti./tCrrt Email STATE: ' Y\ COUNTY: S •CSti n SUBSCRIBED AND SWORN to before me by the above named PrQJ a n d rfa. a3a A 01, on this the I a4 day of G1rC.s 20 a-C. (--Pi f 0 (4).01:mob .L0 PATSY LORELL DANIELS Notary P I lie i�w.e `a Notary ID#126613342 14 'y' My Commission Expires ,t�, September 18, 2028 • DI 9 , - . • PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. II Name of vendor w o s a siness relationship with local governmental entity. 1\ J n I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income.from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No 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. J riCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B). e uding gifts described in Section 176.003(a-1). J 5 /0/15 ignature of vendor doing business w mental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11 30/2015 rage i i of as CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http:t/www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or afamily member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I 11'I c /of r dra , 2a a 11� , the undersigned an representative of GI I I 16 Olt au/4 Scrv/C{s (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. 4 I e.prndrrA. a_41a✓ct., Name of Company Represerl(ative (Print) AL"' Signature of Company Representative 3 � �v 45 Date Page 19 of 25 House Bill 89 Verification I, seJcr4 c, ctAO- (Person name), the undersigned representative (hereafter referrgd to as "Representative") of //J tn- S- ICES (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. 71L- GtiTh-L NATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this /04 day of RCN , 20 sate 010/1 Notary DR#1266A 31342 Commission Expires '� F September 18, 2028 Notary Pu.lic Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filineinfolconflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment teiins 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 I' 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 to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT I CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and MAYON LAWN SERVICE, herein acting individual, firm, partnership or corporation by and through Thomas Mayon, hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT I 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. MAYON LAWN SERVICE BY Thomas Mayon ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass MowingCity of Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur;Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur;Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance„the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams OF PORT ARTHUR,TEXAS Purchasing Manager WERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no I later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as; GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be •retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. !NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT !10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter Z Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. 4 Clifton Williams Purchasing Manager Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over acre. 5. Large amount of Mowing. Area A2: 1. El Vista,Vista Village,Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area C1: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Griffing Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowin.Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less,and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property,the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 111 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 /11 that Group. 111 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 111 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 25 111 • 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 AREA A $ D D033D $ 2 AREAS B - E $ '7.l70''Jc4 $ g L+ 3 AREA F ( $ - $ A/A Award will be based on bid price,crews, and equipment. 4T-ex-A- COMPANY NAME STREET ADDRESS SIGNATURE O BIDDER P.O. BOX k e vcc f' x can Pr?1k r}c#i - I K T) L) PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO EMI., FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog C5 t-IN � Zero Turn or Riding Mower "IS" 4- (0 v Weedeater (.q N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw N/A Blower N/A Edger ) N/A Number of Employee that will mow the Lots 14 Signature of Proposer Date 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: /iomi-74 Printed Name:Name: Title: Company: Ma��r� L.c�v .�Pf>IICQ Date: 2 i% -A0025 SUBSCRIBED and sworn to before me by the above named mffi fl on this the �S day of VOAC,V\ , 20 Notary Public in and for the BROOKE MURPHY State of Texas c.1 •• %;Notary Public,State sas *: y_ Expire:ID U12oi•1C .. My commission expires: Nota Comm;r y 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: �►1L1 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. ---r(i'\ 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. - 111\ 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. -\ ►} S ,'Ici 3 -(% -aca 5 Firm Name Date Otv4v'1 t�/i OLit'ne V'- Authorized Signature Title -1.1\an aLN Cv\ L`I Name(please printr Telephone Yv\a.\ n tav'i(\ Stefv;c t 40N10� ,Cvrh Email STATE: `1 X COUNTY: P ckcuiN SUBSCRIBED AND SWORN to before me by the above named —1,A)WIDLS f (Q on this the I S day of M , 20•-•"*.°11e11•'"'"'"'"" -P?fl(23762 flUAA-Pfruz •'lp••••.Oe• BROOKE MURPHY y °' • :Notary Public,State of Texas,` Notary Public I � Comm.Expires 02-17-2029 ,,FOF �*' Notary ID 12680843-6 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. ii Name of vendor who has a business relationship with local governmental entity. Adt A Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) IA Name of local government officer about whom the information is being disclosed. Name of Officer 41 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(aX2)(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? nYes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. t l Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). z.1.444 Signature of vendor .airfg business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130t 015 rage i i tn.A' CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor. (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local govemmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, —1110IYN L' s���OLy' ,the undersigned an representative of I(X3 i,e►eN 1(1v3 v1 SC YVk (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. 'CN OM a a Name of Company Reesentative(Print) 'A 4/A )4/27-- Signature Company i nature of Com Representative Date Page 19 of 25 House Sill 89 Verification 1, 1OrrN ` , ���0, 0 (Person name), the undersigned representative (hereafter referred to as "Representative") of May" Low Se ev c� (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any 1 contract that will be entered into between Business Entity and the City of Port Arthur; and 3. Th:at 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. 44/4 '? SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this i 4E day of ()AMCiV\ , 20 a,1 ''�=Notary Pvblic,State of Texas Notary Public ,_ mom:+_ f'sN�� :y� Cmrci.Expires 02=17-2029 4fi'6:-4' Notary ID 12680843-6 ,. S= ..�i=:s•=ter`_ 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://wtiAww.ethics.state.tx.us/filinwinfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. • Page 21 of 25 Pr ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O.Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal fmancial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS:The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance,construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. • Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal 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 to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 lF 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 CER1'1tICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT J CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E 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 G & G GRAY, herein acting individual, firm, partnership or corporation by and through Gracie Gray, 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 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one-year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT J CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. G & G Gray BY Gracie Gray ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. ' PUBLIC NOTICE Clifton V9iliams 'OF PORT ARTHUR,TEXAS E Purchasing Manager ►VERTISEMENT FOR BIDS `,Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.0.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, !City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened.- Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. I NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS f Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager r* -CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. ONE (1) urt rthur le 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, 5t1 Floor, Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ` n l v. JJ Clifton Williams Purchasing Manager r✓ Signature of Proposer _ Date Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. 5. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area B1: 1. West Side (Foley to Houston Avenue). 2. Area"B l" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area B2: 1. Houston Avenue to Savannah Avenue. 2. Area "B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area Cl: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Griffmg Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over V2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of 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 City-owned Developed and Vacant lots in Areas A, B C, D E & F" BID DUE DATE: March 12, 2025 i ITEM I AREA TO I I VACANT & VACANT & NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE A 1 AREA A $ $ /Iei_est 2 AREASB -E $ J f �/ $ -/ E. 3 AREA F $ IN /6Aij $ /2() Award will be based on bid price, crews, and equipment. 1 g -.4t A-/i( - . . C=- 201, ,, ,m , COMPANY NAME �� ' STREET ADDRESS 1 S NATURE OF BIDDER P.O. BOX ' it-2/2-S-1-, 7::(1 -, 7)6 PRINT OR TYPE NAME CITY STATE ZIP rLc.... ..-- ,y, 14 A °J,-7 -4 4 . 2o ? TITLE AREA CODE TELEPHONE NO (1,. ri- ` EMAIL''' FAX NO. n___ .� _cte° Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower - Z¢'0'-1d , Weedeater N/A Hedge Trimmers N/A Walk Behind 1 N/A Chainsaw / N/A Blower N/A Edger N/A 3 Number of Employee that will mow the Lots AID /i 7 d g -, Signature of Proposer Date � P 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 ate 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 • 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 Cod An offense under this section is a 'sdemeanor. il Name of vendor who has a • siness relationship with local governmental entity. l 0 J 1 1 Check this box if you are filin•=n update to a previously filed question . re.(The law requires that you file an updated 1 ' completed questionnaire with the •propriate filing authority not later th.r the 7th business day after the date on which you became aware that the origina filed questionnaire was income- e or inaccurate.) A Name of local government officer about who ,the information is bein! disclosed. Nam- of Officer ;' Describe each employment or other business relations• th the local government officer,or a family member of the officer,as described by Section 176.003(aX2)(A). Also de V ibe any family relationship with the local government officer. Complete subparts A and B for each employment or busi 's elationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government offic-' or a family member of the office receiving or likely to receive taxable income, other than investment income, rom the vendor? Yes No 1, B. Is the vendor receiv' g or likely to receive taxable income,other than invest, ent income,from or at the direction of the local governor officer or a family member of the officer AND the taxa•a income is not received from the local governmental,entity? Yes n No 11 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. li t fl Check this box if the vendor has given the local government officer or afamity member of the officer one or more gifts 1 as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rT4liFt ' Jit411 5 -/) Ji) s CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal.state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and retorting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall fife 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,ar a family member of the officer,described by Section f 76.ItD3(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 SB 252 CHAPTER 2252 CERTIFICATION 11 , ,the undersigned an representative j of _ ompany 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. } f] E.0 e/ Name of Company Representative (Print) Signature of Company Representative 12 % Date 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. , . e" c Firm Name Date , , _ . . ,4,„ Authorized Signature 1 Title OR 0 E, r (r,(2r,L 'y Name (please print) Telephone Crcfi1 I AleiceI (C1? q I (4z 4aq c-i66 "2o Email STATE: COUNTY: r SUBSCRIBED AND SWORN to before me by the above named 'e CAe. 47, f`�w on this the i (I day of ,/ 1/'' v(i.L. , 20 2 j . :4.;P.B! TUYET MAI i= %j" �+ c` I ?rO �`=• Notary Public,State of Texas 1otary Public a,; •,;., Comm.Expires May 4,2027 I -?re or,�+• ID#10077445 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL House Bill 89 Verification 1, ./� �, (Person name), the undersigned representative (hereafter referred to as "Representative") of s (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1 . That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Rom/ n SIGNATURE OF REPRESEt' IVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of a:vt G , 20 &� TUYET MAI ir/1 iy'/(�:: t=Notary Public,State of Texas I41/C/i� 1 i1A • h Comm.Expires May 4,2027 Rotary Public 'F CF,t�+P' ID#10077445 p 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: 7 Printed Name: A Cf., /Z 1-1 Title: /Orf : Company: Date: —y / 9 _ 0 SUBSCRIBED and sworn to before me by the above named 01t"‘, ter' 6;1 _ on this the day of `1' ,;1,( , 20 2 . lotary Public in and for the TUYET MAI I State of Texas w; %;`Notary Public,State of Texas Comm.Expires May 4,2027 I „ � I My commission expires: vP•t mpiummuimumminup 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 teiins "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://wti\v.ethics.state.tx.us/filineinfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal fmancial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance,construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. • Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by. giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall Page 23 of 25 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000;.and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT K CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E 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 EDUARDO T.O. LANDSCAPING, herein acting individual, firm, partnership or corporation by and through Eduardo Oceguera, 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 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT K 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. EDUARDO T.O. LANDSCAPING BY Eduardo Oceguera ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE I CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR SIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.0.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.rn.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www:portarthurtx.govibids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. t PUSLIC.it+0t10E CliftonWilliams- 'OF PORT ARTHUR,TEXAS Purchasing Manager IVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the 'Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened.- i Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444': 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 110:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. °JAL L , Clifton Williams I Purchasing Manager Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service,to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista, Vista Village, Lakeside, and Montrose 2. Area "A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side (Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 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 (Griffmg Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinji Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health, the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of 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 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 $ $ 2 AREAS B-E $ a 0o340 $ 3 AREA F $ $ Award will be based on bid price,crews,and equipment. Esc(r I.CQ. n 61 Pi' ' Z 7� (:�j Ave ;rou COMPANY NAME STREET ADDRESS E rc o SIGNATURE OF BIDDER P.O. BOX r' o ae�e rc1 6 rove c TX 77 I rj PRINT OR TYPE NAME CITY STATE ZIP odnel' Id ��`t "2-c 3 R S 7 'TILE AREA CODE TELEPHONE NO E irdo76q°09r ; I,(PM EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog 0 Zero Turn or Riding Mower 3 50Z — - `j/2( Weedeater N/A Hedge Trimmers r N/A Walk Behind I N/A Chainsaw N/A Blower a N/A Edger N/A Number of Employee that will mow the Lots Signature of Propose� � 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: 5/PV4 061/1-4'-' Printed Name: vcriC o.E9v , Title: , Company: 60A � 1r r\d A6t) Date: G"rd\ loth aCaS SUBSCRIBED land sworn to before me by the above named Eiw+� G on this the �(J' "' day of �r 1 h , 20 2. _ RAV�'i,�� Notary Publi in and for the Kor � 9�0 State of Texas O�#rv" - ? My commission expires: .- 3 -Z8 s'1).o 1 1 ft :102. llllO;ti 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. CA Firm Name Date CAU0116 Qr . - ��YLe.r Authorize Signature Title 1 � Cam, 4/a� - 3M IF 3/ Name(please print) Telephone C)Q...nr-dn y7 4/6 a, , ,,' , ' C nev) Email STATE: IL4QLS COUNTY.", /.4k1LI I, Ii SUBSCRIBED AND SWORN to before me by the above nam-a _ I on this the c 2k+h day of (I, A 1 r 1 Ad ce,P`'t, REYNA X. GUZMAN � ��,�� 1 � Notary ID#128787464 is'.Al w ►:-A.t A 1 / P My Commission Expires N to ''F of [)3-04'2026 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFRCE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Receded 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. AJ J n Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ' 1 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.) 31 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 Aand B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. ElCheck 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). '1.)---e-J ignature of vendor doing usines th thegov�governmental entity• �` � ` Date O Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage i I of ho CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income,other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, R � ,the undersigned an representative of L dOCr4O O L dSC4f f (Company or :4fsiness 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. CcC1 � • Name of Company Repre t�(Print) Signature of Company Rep se� + Date Page 19 of 25 House Bill 89 Verification JL)cA..'- -cJO OC.A'_ .e,--(,+ct (Person name), the undersigned representative (hereafter referred to as "Representative") of Ect LC.ke46 ( —�G� S Cc� inc (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. Cilt/010 (AL., SIGNATURE OF REPRESENTATIVE BSCRIBED AND SWO N O BEFORE ME, the undersigned authority, on this cq- ay of , 2Q� ; a°s, REYNA X. Gl,Z.+,AAN o Notary ID#128787464 cr;'.. F My Gom 03101-,:'.026 xl,ires Notary li 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 STAFFS THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://w«w.ethics.state.tx.us/filinainfo,iconflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this 11`13. 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 to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CER Eft 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 CON TRACTOR. CELL, PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT L CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and NO PROBLEM LAWN SERVICES, herein acting individual, firm, partnership or corporation by and through Brian L. Roberts Sr., hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT L 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. NO PROBLEM LAWN SERVICES BY Brian L. Roberts Sr. ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday;March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.pubiicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. '?PUBLIC NOTICE a Clifton Vlliams OF PORT ARTHUR,TEXAS Purchasing Manager VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur and are open for public inspection without charge.They can also be 4 retrieved from the City's website at www.portarthurtx.govrbids.aspx or www.publicpurchase.com. j NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6, 2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager A" -CITY OF PORT ARTHUR,TEXAS ADDENDUM NO.ONE(1) itinrt rthtir 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 Iocated 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 A-- ' '//17/ASe Signature of Proposer Date Pc (5(4C4C-CS- Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area "A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B l" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area "B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area Cl: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Griffmg Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over %2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinji Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over t/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health, the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of teititination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A,B C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO ! VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE I AREA A $ 0. 00 3_q $ 0, oo 3-ro 2 AREAS B-E $ 0, 003.yb 0, 06c/O ) 3 AREA F $ $ Award will be based on bid price,crews,and equipment. Po Pkw, I i% d A R A M COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX 11Z Y 6,6&Q7S /Jc=A Gl/ ►-r ,f 4 7- 76 PRINT OR TYPE NAME CITY STATE ZIP PA-4-/bk-ii.); tic ) a a�o�7 F- TITLE A CODE TELEPHONE NO br oalnrob'ert4POVAUod,C.O' EMAIL FAX NO. Page 13 of 25 Equipment List Equipment QtY Size of Cutting Deck Bush Hog l d �Gf-f Zero Turn or Riding Mower 3 o) 7,). g.Oc i Weedeater 3 N/A Hedge Trimmers l N/A Walk Behind N/A Chainsaw N/A Blower 1 N/A Edger I N/A Number of Employee that will mow the Lots d To --_ _ 3/9/a-s" Signature of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. - Signature: . j __-- Printed Name: 6/460-7C eS1!� Title: (42 D>EN 7 Company: I tt&E �EQJ.tC�' Date: /07/ c SUBSCRIBEDIqnd sworn before me by the above named lan r�J on this the 17 day of Maya-) , 20 L �J� 7 . 2eAS/riallhdig Notary Public in and for the SERENA MORELLO State of Texas ,i‘ r Notary ID#134642412 My Commission Expires ' I I _ I 0 2-0T7 November 10, 2027 My commission expires: Pane 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: et le I hereby ce 7 y that I do nat nave outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. L12 I hereby certify that I d: outstanding debts with the City of Port Aral];..- agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hcrchy certify that I do I7 aye ou. .._._e ing 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. �m i��acEn1 SE4Jc Firm Name Date 46-c.. 0 1-)7 Authorized Signature Title 46ie740 _ ( o9 ?& Name(please print) Telephone r,eb -60a ,24Hvo • GO�. Email SERENA MORELLO STATE: ( 4 Notary ID#134642412 \\ ( �: My Commission Expires COUNTY: ,J e c ceYccjn °` November 10, 2027 SUBSCRIBED AND SWORN to before me by the above named \(\an R.4e. on this the '� day of III o Uh , 202b . /I&\c t/1 Li (rvitife' Notary Public T � RETURN TIIIS AFFIDAVIT AS PAV OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a�bu)sinesss relationship with local governmental entity. — /''l/ Jn I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 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 n 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 n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 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). it 31q/ Signatur of vendor doing business with the governmental entity !!! ate Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3012015 rage 1I of hp CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acompletecopy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code 4176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or focal governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code 4176.003(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 govemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, I L tP 12>g ,the undersigned an representative of 0 PkelSk_c-rvt E2u/cam (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. L Park Name of Company Representative(Print) Signature of Company Representative 3-1/5/J-S- Date Page 19 of 25 House Bill 89 Verification I, j ( . oecb13612-7 SA (Person name), the undersigned representative (hereafter referred to as "Representative") of C PA-06LE - UZCES' (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE th SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ( I day of MCkrC;1v , 20 Z i. Nota SERENAryID11 MORELLO134642412 SeAfbila— ��►� 4,,. My Commission Expires Notary Public 2mo- November 10, 2027 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://w«vw.ethics.state.tx.us/filineinfo!conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any perfoiiiiance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel)in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. • QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal 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 to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIF ICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICA 1'E OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT M CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E 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 JM LAWN SERVICE, herein acting individual, firm, partnership or corporation by and through Yadira Lopez, hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT M CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. JM LAWN SERVICE BY Yadira Lopez ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P_O.Box 1089,PortArthur Texas 77641 no later than 3 00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p,m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery;will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. r PUBLIC NOTICE--Clifton Williams 'OF PORT ARTHUR,TEXAS Purchasing Manager WERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 441 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurix.gov/bids.aspx or www.publicpurchase.com. INON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT (10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager er -CITY OF PORT ARTHUR,TEXAS ;: ,,t Vi? ADDENDUM NO. ONE (1) 're 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. • 4) , Clifton Williams Purchasing Manager gcta. t—q L, p.e 3 - (, D -ZO2S Signature of Proposer Date j\A Lawn S-c-r U l cc Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service,to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed,or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over acre. S. Large amount of Mowing. Area A2: 1. El Vista, Vista Village,Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre S. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side (Foley to Houston Avenue). 2. Area "Bl" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area "B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 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 (Griffmg Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land.Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over V2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures,water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground,and small trees six inches(6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance.ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property,on or off the site,which occur as a result of execution of the work. 11.Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft)sections or less, and placed on curbside for pickup.All trash must be bagged.Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee.If the Environmental Health does not receive the extension in writing,the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications.Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property,the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30)days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails,text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email.A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. 11 I I 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 $ $ 2 AREAS B-E $ 0, 0 0 3q 3 AREA F $ $ Award will be based on bid price,crews,and equipment. LCW..) 1 5 V I Sth She- COMPANY NAME STREET ADDRESS SI ATURE OF BIDDER P.O. BOX l G<-r;Q gy pqf' fir#u r ,1 X 7 Z(el-1 Z P OR TYPE NAMECITY STATE ZIP 9.1LE � tOi) 300 ► U t7 A CODE TELEPHONE NO E AIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog 64 I?" Zero Turn or Riding Mower LIS \+nC , Weedeater N/A Hedge Trimmers 1 N/A Walk Behind . N/A Chainsaw t2 N/A Blower N/A Edger N/A Number of Employee that will mow the Lots Z Si ature 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: i;fr , 1'437 ( ? Printed Name: LI a arc Title: Q A)pre Company: L�6, /it v J C Date: 3 - 7 n - z G z S SUBSCRIBED and sworn to before me by the above named ya,c4 ray. L cPp Z on this the l 0 day of ''yet zla , 20, 5 . 0,(4„.0,4 Notary Pu is in and for the State of Texas My commission expires: �'"/g .2001 8 PATSY LORELL DANIELS Notary ID?t1266t 3342 My Commission Expires September 18, 2028 Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. _di ti Lcp{z 7) — 0 - 202g- FifA rm Name Date AurJLt i t Gj blot' 7 p UMW'r. thorized Signature Title Ccki tY at ( cfc Name (please print) Telephone t,{CLe,riot Lap-re ( Uoc) 3oo f u01 I Y04 -6/(4 Email STATE: rc/'«S COUNTY: J ( Cv sue SUBSCRIBED AND SWORN to before me by the above named yid,;�w � e Z on this the l - day of if)&W rc.4 , 2005" . PATSY LORELL DANiELS Notary ID#126613342 Notary ublie My Commission Expires ''Zor F'` September 13, 2028 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity OFFICE USE ONLY This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. 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�hals a business relationship with local governmental entity. iv 4k Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 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? nYes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No 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. J Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J ct if 1 1 cqez Cs' -C 2 nature 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 LJ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:/(www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1a):'Business relationship°means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; cc (ii) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer or afamily member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, (/ A- / ,the undersigned an representative of TAX Lett f\ 5 7t' Ce (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. M ( et wrt 5av ice Name of Company Representative (Print) Signature of Company epresentative 3 - /0 - ZS Date Page 19 of 25 House Bill 89 Verification I, ( 11 '? (Person name), the undersigned representative (hereafter referred to as "Representative") of t�Ct t))f S-fr �; % 6e (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. � � Ce} SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this /O1 ' day of 1Vv1QYC , 2025'. Notary Pu lic i. PATSY LELL DANtELS +P� � Notary!D OR#1266133a2 ,Wilb My Commission Expires September 18, 2028 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price,as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB; the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filineinfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 U ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O.Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will,in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details,its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall Page 23 of 25 Pr 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 CERTUICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT N CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and JL LANDSCAPING, herein acting individual, firm, partnership or corporation by and through Jorge Lopez, hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. p EXHIBIT N CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. JL LANDSCAPING BY Jorge Lopez ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P O.Box 1089,Port Arthur;Texas 77641 no later than 3'.00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. j f PUBLIC°NOTICE Clifton Williams 'OF PORT ARTHUR,TEXAS Purchasing Manager IVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary City Hall 4:14 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.;on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS • Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.publicpurchase.com. !NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 6,2025 AT 110:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS fPer Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton vvilliarns Purchasing Manager -CITY OF PORT ARTHUR,TEXAS p�rP rthur ADDENDUM NO. ONE (1) Mai 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. ti Clifton Williams Purchasing Manager r /4) '31 10 kb :i v .ture of Proposer Date Land w_a,p n c Company Vendor Name • Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service,to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. 5. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"AT' is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area Cl: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Griffmg Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5') past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERNIINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails,text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A, B C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREAA $ 0 • 0035 $ 2 AREASB-E $ 0 . 00 Yt $ N1Pt 3 AREA F $ $ Award will be based on bid price,crews,and equipment. J�,. LLoVA o p \g 52_0cl Sih t COMPANY NAME STREET ADDRESS gATURE O Olin D R P.O. BOX To rc,.e Lopez_ t f' T UX T/ 11� 2- PRINT OR TYPE NAME C STATE ZIP oc.Ur1e-r r? i.p`ff... L q q- Ci 533 TITLE AREA CODE TELEPHONE NO LC2: �1.0 CA\-0 Ckv .C(301 EMAIL FAX NO. 11 ill Page 13 of 25 . 11 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Le 0 i in Zero Turn or Riding Mower b70 l r\ Weedeater N/A Hedge Trimmers i N/A Walk Behind 1 N/A Chainsaw a N/A Blower c N/A Edger 1 N/A Number of Employee t t will mow the Lots 2 --e...., , t701 { Dii-& Signature of Propos Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. - Signature: Printed Name: ` Title: 00-31()-eA" Company: LcU c .-Cupi l-NGj Date: 3 I 10 12 5 SUBSCRIBED nd sworn to before me by the above named Y 100.► on this the 'Q4in day of , 2045 . J� q#4 ., PATSY LORELL DANIELS Notary Pu-i lic in and for the Notary ID#126613342 ) State of Texas 4 �t� My Commission Expires t ° " September 18,2028 i My commission expires: -/ dDol • Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: V I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. 0 Lo 2 3t1O1 Firm Name Date Ad ho ized Si'gnatu Title Name(please print) Telephone l_Ove 2_0') 506;5) erna.,‘ nr--) Email STATE: -119\ COUNTY:-Y p ego n SUBSCRIBED AND SWORN to before me by the above named u 01'GJe., C)`Z__ on this the 1 day of imay-c.k 20 45 . Dctiv:a) �..• �, PATSY LORELL DANiELS NOta PU lic ; Notary ID#i266i33a2 3"S' My Commission Expires September i 8, 2028 '1 IA+ T AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. Q�CEUSEONLY 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 end 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. N; II a. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated { t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(aX2)(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 Forrn 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 6. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. ri(�� Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts 1 as described in Section 176.003(a)(2)(6), excluding gifts described in Section 176.003(a-1). 3 ) /2-5 re of vend doing u ness w th the govt ental entity Date Form provided by Texas Ethics Commission ww i.ethics.state.tx.us Revised 11/30/2015 rage irof1,3 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://wawa.statutes.iegis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C)a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B); (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *irk (2) the vendor. (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income,other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B)has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file acompleted 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 vnr,v.ethics.state.tx.us Revised 11/302015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, TO . ,O p-e 2_ ,the undersigned an representative of 3 L LcncAx.a,pi n _ J (Company or Business Name) being an adult over the age of eighteen(18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Repr ntative(Print) tare of C mpany epresentativ / , o 2S Date Page 19 of 25 House CID 89 V'ar ficas oon v '•t ..2 (Person name), the undersigned representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. r S1G ATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this lOA, day of /Y`04A , 20(35. "AgA r�B LL LS • /00rytA(L. e, NotaryPATSY IDLORE ttt266f3342DANiE ��M- ..M11, My Commission Expires y Notary Publ`c 4.0F September 18, 2028 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://wtiww.ethics.state.tx.us/fiiineinfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance,construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERIVIINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by. giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall Page 23 of 25 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT 0 CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and K & D AFFORDABLE LAWN SERVICE, herein acting individual, firm, partnership or corporation by and through Dawanna Mouton-Ceasar, hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. s EXHIBIT 0 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. K & D AFFORDABLE LAWN SERVICE BY Dawanna Mouton-Ceasar ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at3:15 p.m.,on Wednesday March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORT ARTHUR,TEXAS 1 Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance the City Council shall not Iaward a contract to a company that is in arrears in its obligations to the City. CA PUBLIC NOTICE Clifton !Roams OF PORT ARTHUR,TEXAS Purchasing Manager ,VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no, later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.;on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444' 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be', Iretrieved from the City's website at www.portarthurtx.govtbids.aspx or www.publicpurchase.com. j NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT f 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,441 4TH STREET,PORT ARTHUR,TEXAS I Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton+ iiliiams j Purchasing Manager A -CITY OF PORT ARTHUR,TEXAS Jrrt rtlue 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 bew;01/4A-toor WA Q,C1,,b - ou‘ — Signature of Proposer Date )4111 s 6,1) 1_ . 1_, Ctioi&I)vi et_ Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. 5. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area Cl: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: I. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over t/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over '/., an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR; Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A, B C, DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT & VACANT & NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE AREAA $ ' ob � Olo $ eco , � 1/ 2 AREASB - E $ c� c� � �Li0 $ � © , 0v 3 AREA F $ N . $ N-4 Award will be based on bid price,crews,and equipment. COMPANY NAME STREET ADDRESS att.ettjn Q, f !v, SIGNATURE OF BIDDER P.O. BOX D 4"A f&11-44 64.4 A4Attp i) )10ziO PRINT OR TYPE NAME CITY STATE ZIP Ewa 4) 0e d (406 (10 - TITLE AREA CODE TELEPHONE NO d v9 ols-(08D,h o 0 LA NA EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog +J 4-1 Zero Turn or Riding Mower 0 ) I, 1 ) Weedeater N/A Hedge Trimmers ! N/A Walk Behind N/A Chainsaw 3 N/A B lower N/A Edger N/A Number of Employee that will mow the Lots ...h64301 1Y2 Q Signature of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: y bositUWk f/ lOc Printed Name: �f» ��� f-L` ' S Title: ()/Ud;, PP Company: ��) -t r c'dal Lk1,t,f C' ;. Date: _ AY. SUBSCRIBED and sworn to before me by the above na d Ceuc., on this the / d o day of /v1a -t1 , 20 a5 . Notary Public in and for the `O,pRY PGO` DERICK PAUL VIDALIER State of Texas Notary Public,State of Texas Comm.Expires 05-09-2026 Notary ID 133750172 My commission expires: Os- U 7-.2Ud 6 Page 15 of 25 AFFIDAVIT All pages in-Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. ktlikbPd CkhI L&Lurl 5th / Firm Name Date 1)0—t0 MaiLt60 4)()* UV),,Q/1 Authorized Signature Title clkk4) c 4) 4 ' ) 0 9 - -- g,s1 Name (please print) Telephone 010 ill 65- L-wh Email - STATE: TEXAS COUNTY: J e fte. sok\ SUBSCRIBED AND SWORN to before me by the above named bc..(4/cAnnc, /14 0,i4.0 1 Ce-c,SokK on this the /0 day of All c rcl, , 20 aS . Notary Public — RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL �A``RY p!///� DERICK PAUL VIDALIt. g�r''��ve '_Notary Public,State of Tox. : Comm.Expires 05-09-207 rci& ID'�`� �'` Notary Page 16 of 25 CORRECTION OF A NOTARIAL SEAL State of Texas County of Jefferson On this day of ( 1 GCCc 1 I 0 a , 2025, I certify, that the preceding or attached document is a true, exact, complete, and unaltered copy notarized by me of Derick Paul Vidalier,the seal was incomplete and is correct by this form. DERICK PAUL VIDALIER `\��PµV PVB� z°: =Notary Public,State of Texas Comm.Expires 05-09-2026 '44°,;,\P Notary ID 133750172 (Personalized Seal) Notary Public's Signature CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. 2.1 I f 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 Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes INo B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. !fl Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts f as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). beilvwc,intAtv., tt-FLkkaA., Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage 1/ ui GJ • CONFLICT OF INTEREST QUESTIONNAIRE I V{ For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes,legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer, Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 • Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION iNtiduanna 1 tL o11 NASV , the undersigned an representative of �1 T��--� '-'' Ii (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. D41-00,Y)11D . 1/1)6144 - 71/4PJWLI" Name of Company Representative (Print) Attokfula, ro cut& Signature of Company Representative Date Page 19 of 25 House Bill 89 Verification I, ► ' IVe,lon GN 01 cb fed 64 - N tell' (Person name), the undersigned representative (hereafter referred to as "Representative") of b C.416A6,k)i ;, L_G,uL/\ 11 E o'er (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. k).-1,0aikil -' -- -' ' .6(-& SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this /0¢4 day of /14,arci, , 20 on . Notary Public .767�� DERICK PAUL VIDALIER. `�Sr.RY Pli6�: a20r c:Notary Public,State of Texas ;Na 'e Comm.Expires 05-09-2026 ''7:1.8.{;'' Notary ID 133750172 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filineinfo,/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel)in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O.Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 1 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal fmancial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. • Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall Page 23 of 25 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICA lE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s)shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT P CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and SIGNATURE LAWN SERVICE, herein acting individual, firm, partnership or corporation by and through Jose Manuel Alejandro Valero, hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications O Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT P 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. SIGNATURE LAWN SERVICE BY Jose Manuel Alejandro Valero ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.0.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shah not award a contract to a company that is in arrears in its obligations to the City. Clifton lliams OF PORT ARTHUR,TEXAS Purchasing Manager iVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 414 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and Iread aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services bneflydescribed as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT 8 DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.publicpurchase.com. INON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager <. E -CITY OF PORT ARTHUR,TEXAS gilr;I: � 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 SUBIVIISSION 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 OaSt Ktrikkti tmirvioth vateM 2,1 `o It Signature of Proposer Date Si q VaVitt 144win &ervi Ge Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over Y2 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B1" 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 (Gritting Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinji Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet (5') past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health, the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: illowinf of Privately-owned and City-owned Developed and Vacant lots in Areas A.B C.DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREAA $ 0 . 00 34 $ 2 AREASB-E $ 0 . 00 UM $ 3 AREA F $ $ Award will be based on bid price,crews,and equipment. 51 hoi ti e IOW A Bata 4(9119 iNii Si Vori- fiCA-1(�1►Y' COMPANY NAME STREET ADDRESS 0 'Ma'Mak kti'l 04 U14t GNATURE OF BIDDER P.O. BOX 4os,e KIWA WI nal() WON yoy4 NI r Tx 11t9' 2.PRINT OR TYPE NAME TY STATE ZIP bwQc ARVi �o) 8qo tl 1.90 TITLE A CODE TELEPHONE NO gno yoa► @ % cloud . (Awn EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog U I I fl Zero Turn or Riding Mower L o `n Weedeater 3 N/A Hedge Trimmers Z N/A Walk Behind 0 N/A Chainsaw 2- N/A Blower 1- N/A Edger 1 N/A Number of Employee that will mow the Lots 3 6 d ea 3 ) to a ture of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. • Signature: Gv ,c� itte:j ��Gc- iln) Printed Name: 0 Al Q� � raj(Avid vaie v-O The: DPI ntr fl Company: SrtPatA,rie 1-40 1) strV iL e Date: 31 LO I 2-6 SUBSCRIBED iand sworn to before me by the above named 3;0Se Jt2,/# •D on this the /OV day of ",`CY1a. , 20 Ac. • Notary Public i and for the ,.ar.�e PATSY LORELL DANIELS State of Texas _°44. Notary ID#126613342 :° My Commission Expires '''9F1 September 18, 2028 My commission expires: g -f -doel g Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters,etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: VI hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Cht-t MALAWI troll V Vata 3IL0 25 J ' Firm Name Date 0 Ve dora 1 an Vitiva 00)1121-2- dri orized Signature Title Name(please print) Telephone GYVA k01 ( t cloud . COY ) Email STATE: -Tx COUNTY: -37Q'F- v-s0 n SUBSCRIBED AND SWORN to before me by the above named To se, Valero on this the l(D:1.(,, day of 'yyl 04,4 ,20 0 . 4, QL .Cab =°w� 1,1; rpe PATSY Notary LORIDELL DANIELS#116613342 ' Nota Pu 1 is ty.4 My Commission Expires September 18, 2028 1 I Di 1 'i 1- r , T AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST PUESTIONNAIRE FORM en 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 t Date Rxeiv2d has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. N! !A Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated t t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 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 C1Q as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or 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). i, 9 3 t1o)25 ig ture of ve doing busines vitf governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11t30ii2015 rage CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(13): (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 (f) 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 tote local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B)that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, 1 DR fYlavlat mtiainaro V O.tLD ,the undersigned an representative of SI�rtkW Awn SttViCQ (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. Int Atepndro yatero Name of Company Representative (Print) oda VpC gnature of Company Repres ntative 110I25 Date Page 19 of 25 House BM 89 Verifacat n I, JCS ViotrOAL `1 Y V (Person name), the undersigned representative (hereafter referred to as "Representative") of Vlattitf U WV StnAC( (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. bitt too /dery IGNATURE F REPRES TATIVE SayBSCIRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this Attu day of ` O/? , 20015 . PATSY LORELL DANiELS t =golf. Notary ID#1 26 6 1 3 342 4 AT�IP My Commission Expires i September 16, 2028 ;= Notary Publ' Page 20 of 25 row GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://v,v, .ethics.state.tx.us/filin2info/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE.PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal 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. TERD'IINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage $100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 a EXHIBIT Q CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and DMJ LANDSCAPING, herein acting individual, firm, partnership or corporation by and through Preven Jones, hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT Q CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. DMJ LANDSCAPING BY Preven Jones ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3.15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur;Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above;regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10;OOA.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. • L., _ u.: -`PUBLrC tdOT10E C€ifton'U€fiilliams OF PORT ARTHUR,TEXAS Purchasing Manager WERTISEMENT FOR BIDS r _ Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 414 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 300 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and I read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444' 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Willtarns Purchasing Manager -CITY OF PORT ARTHUR,TEXAS ;3 �y 2trt rtft ` ADDENDUM NO. ONE (1) fryer March 10, 2025 BID FOR: GRASS MOWING OF CITY OWNED & PRIVATELY OWNED VACANT &DEVELOPED LOTS BID: P25-030 The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground. Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. 6. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday,March 19,2025. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 19, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. )1'. , l Clifton Williams Purchasing Manager // 7/02 5 ignature of Proposer Date cif s �- Company Vendor Name � Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over V2 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over V2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side (Foley to Houston Avenue). 2. Area"B l" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area C1: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City, Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Griffmg Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet (5') past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. Pt Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are perfoinuing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A,B C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT & VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE I AREAA $ Look / $ 2 AREASB -E $ 0C) / $ 7O. o 3 AREA F /17/1 $ f'I� Award will be based anid price, crews,and equipment. 2'ii' L4nc)Sctrr-t q/105 dot( Or( COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PreEvfr) o it/tfhC/ft 7"2< 77 PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE I'bLEPHONE NO }24E V r61-5 —1 -)/q/ DC- ov,--) EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower Weedeater N/A Hedge Trimmers N/A Walk Behind Li; N/A Chainsaw N/A Blower 111N/A Edger N/A Number of Employee that will mow the Lots " 3 / 7/c25 Signature of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. • Signature: Printed Name: rocue� o C_S Title: UK. Company: �9 3 0' ,)`'5 Date: SUBSCRIBED and sworn to before me by the above named SIVA,feiA. JL 5 on this the / 7 day of IAA , 20 g. 11417Ue Lry Public in and for the State of Texas My commission expires: _1-N/2-7 TUYET MAI l * * Notary Public,State of Texas Comm.Expires May 4,2027 Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The and signed offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. 7A4 1��Sc.: Pri-7-75 ,3/ `7/ ; 5 F r me Date Authorized Signature Title 1/ff) j Q/z, f66 -1 e Name (please print) Telephone Email STATE: ( r COUNTY: id-At/66✓ SUBSCRIBED AND SWORN to before me by the above named `ize-C'tv Jme. 5 on this the 1 7 day of ivt , 20 :, ) . 1 ,..,.;.... e,,: TUYET MAI ifi) ` * *=Notary Public,State of Texas 1 . 1 +,^ Comm.Expires May 4,2027 Public ID#10077445 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made o the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordant.with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by -ction 176.001(1-a) with ti local governmental entity and the vendor meets requirements under Section 1 6.006(a). By law this questionnaire must be filed with he records administrator o the local governmental entity not later than the 7th business day after the date ' e vendor becomes aware facts that require the statement to be filed. See Section 176.006(a-1), Local G.vernment Code. A vendor commits an offense if the yen,or knowingly violates Sectio 176.006, Local Government Code.An offense under this section is a misdem•anor. I Name of vendor who has a bu-iness relationship with ocal gover en al entity. r h=ckthis box if you=re filing an update to a reviously I>•que tionnaire.(The law requires that you file an updated am.eted questionnai e with the appropriate f'ing author'y of hat:: than the 7th business day after the date on which ou b=came aware th:t the originally filed q stionnair w..s into plete or inaccurate.) Name of local •overnment •fficer about whom t e informa o isbein, disclosed. Name of O i •r J Des ibe each e •loyme t or other busine relations ip with the •cal government officer,or a family member of the affic=,as describ.. by Se Lion 176.003(a)(2 A). Also d•s ri•- . y fa ily relationship with the local government officer. Com•lete subparts • and =for each employ ent or bus'• -=s relations ip described. Attach additional pages to this Form CIQ=- necessary. A. Is the to .1 go ernment o ter or a family ember of the o icer receiving or likely to receive taxable income, other than inv--st -nt income from the vend. ? gal Yes No B. Is the vendor re riving or ikely to receive taxable income,other th investment income,from or at the direction of the local government officfr or a family member of the officer AND the taxable income is not received from the local governmental entity? I Ti Yes 8 n No J Describe each employment or businar'ss relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect tp which the local government officer serves as an officer or director,or holds an ownership interest of one percent al*more. J flCheck this box if the vendor/has given the local government officer or afamily member of the officer one or more gifts as described in Section 1716.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). P, J , Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1 113 0/2 0 1 5 rage it ui e� �' CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (, (i) a contract between the local governmental entity and vendor has been executed; cc (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 3/041S SB 252 CHAPTER 2252 CERTIFICATION I, pievo(-) ,the undersigned an representative of TS L5Li1Z (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 Depar to tent. Pte Ct/C i r Name of Company Representative (Print) Signature of Company Representative 3// 7/ Date Page 19 of 25 House Bill 89 Verification �} e�I, ? € /c / � <-- (Person name), the undersigned representative (hereafter referred to as "Representative") of (11 71, (An?S L-079K (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this l7 day of -114 4vl. 4 , 20—c 9,a7/1/' 64.6. ary Public Y A""` TUYET MAI *=Notary Public,State of Texas y` Comm.Expires May 4,2027 '9j f of?fir. ID#10077445 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: hops://vv NA.w.ethics.state.tx.lis/filinoinfo;conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE 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. TERNIINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CER1'ffICATE 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 R CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and ISRAEL CONSTRUCTION, herein acting individual, firm, partnership or corporation by and through Israel Lopez, hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0034 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT R CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. ISRAEL CONSTRUCTION BY Israel Lopez ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday, March 12,2025 in the City Council Chambers, 5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.espx or www.pubiicpurchase.com. 1 NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6,2025 AT 10:00A.M.AT CITY HALL 5TH COUNCIL CHAMBERS,444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. PUBLIC NOTICE Clifton williams OF PORT ARTHUR,TEXAS Purchasing Manager s VERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and I read aloud at 3:15 p.m.,on Wednesday, March 12,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: GRASS MOWING OF CITY OWNED&PRIVATELY OWNED VACANT&DEVELOPED LOTS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 6, 2025 AT 110:00 A.M.AT CITY HALL 5TH COUNCIL CHAMBERS.444 4TH STREET,PORT ARTHUR,TEXAS i Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. 0 Clifton V�lilliams Purchasing Manager t.r j -CITY OF PORT ARTHUR,TEXAS nrt rr1u '' ADDENDUM NO. ONE (1) trr 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 LN 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 'a' I it) I `2_c3 Signature of Proposer Date l_cyct , CO VA CMAC&It '1 Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista, Vista Village, Lakeside, and Montrose 2. Area"AT' is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B l" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. S. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area C1: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "CT' is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (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 t/z acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinji Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists, the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of 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 City-owned Developed and Vacant lots in Areas A,B C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO I VACANT & VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREA A S $ 2 AREASB -E S 0 ' 0039- $ tel IA 3 AREA F $ $ Award will be based on bid price,crews,and equipment. Lckr ' C.YZI ' at 6113 Le_L, tS DR_ COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX 5 cv-C.k \ O10-e.2- �ft" h - T PRINT OR TYPE NAME ITY STATE ZIP (Oner 11(Q22: 40C 2.9 5c .- TITLE AREA CODE I'ILEPHONE NO 5c",\ \��CZ- s'c Cr1C't\ coo EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog LOD ti'1 Zero Turn or Riding Mower Weedeater 2- N/A Hedge Trimmers N/A Walk Behind ( N/A Chainsaw N/A Blower N/A Edger N/A Number of Employee that will mow the Lots �— 3 / j 0 Z Signature of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. - Signature: Lt z- Printed Name: Title: Company: T a C`/ons1&Ck-, GV i Date: 31 co J SUBSCRIBED and sworn to before me by the above flamed ir&ei 1-0ee2 on this the 10+k day of " 0.4c , 20 25. 0.014:c2A Notary 17u;141 in and for the State of Texas �d My commission expires: 9-/$--a0d0 , PATSY LOP.ELL DANIELS e`i Notary ID#126613342 .14 My Commission Expires September 18,2028 Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. -sir- -ems( LD NA Sii-1 l- C7K c.. - t 0 f 2 G Firm Name Date E--rr/t.-e_.-.-1 L0 2- -3 I 'b / 2-5 Authorized Signature Title Name (please print) Telephone crck-Q( It?A,2S 12( ; cid \_ e()111) Email STATE: COUNTY: lOuAil SUBSCRIBED AND SWORN to before me by the above named jYa 2l Lopez. y on this the f 0-4'L day of vy✓IAY'CL, , 20 0� A aceklip) Prt _p t�p,Y'(Q PATSY LOREL IDitL DANIELS1266/3342 Notary Public i ry '�<<" My Commission Expires ,� ' September 18, 2028 RE ' - - " • - , • 'ART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who pate 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 176.0066(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. 11 Name of vendor who has a business relationship with local governmental entity. r J 2 n � Check this box if you arefiling an update to a previously filed questionnaire.(The law requires that you file an updated t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 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/ /0/2-S Signature of vendor doing business with th4 governmental entity Dat 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/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship's 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 Irnal government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B)that the vendor has given one or more gifts described by Subsection(a);or (C),of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 • SB 252 CHAPTER 2252 CERTIFICATION I, t ( Lo ,the undersigned an representative of j___Sr 6 e_4 (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) Signature of Company Representative 3 1 1 /.2-E.; Date Page 19 of 25 House Bill 89 Verification ljS Ct (Person name), the undersigned representative (hereafter referred to as "Representative") of 'i .1,5f'1,S -C- al(company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / OMday of ''IMCA , 20 )-57 ����'�s L G,' vJ � NotaPATSYry IDLORE#4 266LDANiELS 4 3342 My Commission Expires Notary Public September 18, 2028 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERNIINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filin2.info/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications`as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal 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 to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 • EXHIBIT S CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E 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 MARSH TRANSPORTS, herein acting individual, firm, partnership or corporation by and through Joseph Marsh, 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 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0035 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT S CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. MARSH TRANSPORTS BY Joseph Marsh ADDRESS PHONE NO. /FAX NO. EMAIL • Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots • February 22, 2025 March 1, 2025 PUBLIC NOTICE cNt .- q,-4*ri-,, =" .raa� $at i ,x �.t 3 ▪ ,' tau .. i.F j -- r-�. �W • fir, u �4 '' }' - 4;444: 1 -;?' S` .Z. 'fir -.rs f ^rfir, ' l;'ia VA y f.T�rq '}+T„ ,- i' emu.' 's ems:. — -1'ft, y.,, *.,: ,. „...4..,;,,A ,0,1 ., r:.,,,'''-‘-',''3.0 “.,",,-.4*'-„r:,- . r ,.,., EF-4.i2 ..sts.,-).',''•e....,1' WI �>a n .,'" a a-.ba a s�`ts R d�''h 1 ;1.� i=V 3. g $^ a - �▪ '�am,3 �� � a,!i � i�ni. $,a - r a -a ✓,4 .1 4A �� y a '� n ., 2....t7 •, rr, . 'om i , £ * g,,,z al a_ a ; e � , '• , ,,� y e .u. 3 itsa ofi , A $a �. s. ' _T �� ✓ r T .yam - ., ` * x3 ,�"'il 00 ,. Apr r� - -. i q a a, a„'' "` w " 'aa#, w a c a s u re } " �' 'm ., • ?��E� g+gYAh�kY �£c 3 �uu �r�Z��l��.' � G`S �'- y �` ;�3'S+k'� S iw-�'• ��'a� tea' Pe..s Sb_i'd t9V!Sli'z".-r • '. i� t'S+'rY�"t. ,�y3^t„� `,n 11 ,s "`47 1-0-'' !. i -�4' to °'— -,a ;.,c3 •3 • - r1 $ .<'F"f> =. s '�' .i. 3R � vLL FOR BIDS *v ^�f .$a& per' "' .a � *%r 4 . - �,-�tiek, ..# . a-� ��a s �. �tC 1!?e City of Pci�hrtC;ur; Mlfi 8 r..C26UE�fi,cC1Q of ' _�,R▪ 't or r O.Box 1089 Port Arthur,Texas 77 1 no 2-�l pr t€ Ithitls r8ce[ued w it thereafter be opened ano 1 E ▪ ' > ' ', ) € `. jncd-ambers,Slip Floor,I : �� e..3. ,,�: ,°5 .6a a la ai r Y S O LT � . � ,1 TEL S AIMS r€ , , u. , 7 s ,,407, am Fr ' n . ,,, 1 - S . - r - .t ��"' 2A `+.� w✓_ : �,�. � r, .,t1 , - k� gt, 1 p u s". Lr rYyr, "Y > i �Y i E a g s � @ �Y . �r % F SW*P 1 _ fs r3. 7,t4 1-4 iipa s t� .c=.t sy v''.it ,1 } k"'� YSaSz�" F . .„.„. d.. 1�{;„., '- t hin ge F", '�b S^ t- k y ¢ ,Y': y" `'^¢• ✓ �yak >; �'t^`;��,4rdb ���.,�y*?Y.�'yr'� ar,s, Lr '+c ''q�'- :#u� `�� S�I 4„r}.,p�ti t•1 wag.t"' T� 2ii.4'& 63'+a Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service,to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. 5. Large amount of Mowing. Area A2: 1. El Vista,Vista Village,Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area Cl: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (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 t/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over t/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of teiuiination 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 $ $ 2 AREAS B-E $ O.OCi27 NA 3 AREA F $ $ Award will be based on bid price,crews,and equipment. M r ) sp � 3Lf ( 34- . COMPANY NAME STREET ADDRESS ATURE OF BIDDER P.O.BOX Vors� P- A tt �ic. 776 `t�-i)icrtf1-1CITY P OR TYPE NAME STATE 4 - a 13 -6461 TITLE AREA CODE TELEPHONE NO Al-e41 I 3 I. 1Cr) EMJIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower 35 f/ 040/01 i Weedeater N/A Hedge Trimmers / N/A Walk Behind (9 N/A Chainsaw N/A Blower J N/A Edger N/A Number of Employee that will mow the Lots a .motif `l/ -03 0)273 Si a 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 Nam 05 a RAct 't-4 Title: ©ttlAia / 0P zf2- Company: t J_sS4 NIVVVISrr Date: 03-0.3 -20z s' SUBSCRIBED and sworn to before me the undersigned authority by the 4'' day of,t on behalf of said bidder. 40/4/.4, w),z.v.zz Notary/Public in and for the State of Texas My commission expires: 6 f /�‘9-2 Brenda Mullin My Commission Expires 6/9/2026 Notary ID 30968,39 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: j.k4u(• 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. filict,(G14 Tato9poc-t-s I-, LC ()' -03 -zo2- Firm Na Date A prized Signature Title -0.S a dA 3 -(0 10 Name (please print) Telephone luacKdreV (2-50.9yYrtt -UM E ii1 STATE: COUNTY: c S SUBSCRIBED AND SWORN to before me by the above named J P5 .1P-1 al44S+i on this the ! day of /'/ da.a. , 20 oq . • N to Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Brenda Mullin 1 My Commisl20sion26 Expires 6l9 Notary ID 30968,39 11� CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date R=ceived 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. Jcscrk (Atarsr1 riCheck this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. ri 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). Signs of odor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics state.tx.us Revised 11/30/2015 rage 1/ ul LJ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us: Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code fz 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 11130;2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, c3 6 Sc P ri Lkl fj , the undersigned an representative of Marsi4 Tran S Po C• (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) 'gnature of Company Representative 63 -Dq-26Zs Date Page 19 of 25 House Bill 89 Verification I, cS CSCP MCAj* (Person name), the undersigned representative (hereafter referred to as "Representative") of (ID/ci I rcIrtSDOrk L- (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. SIG URE OF REPRESENTATIVE C SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 117114 day of 0)i2/2. - , 20g5-7- /4/a/friii, V2 Iv Notary Public Brenda Mullin * My Co 6 9/2026Expires Notary ID 30966,39 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: httns: vv .ethics.state.tx.us/filineinfalconflictforms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will,in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal 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. TERIVIINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CER I IU ICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICA 11; OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT T CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and ISRAEL LOPEZ LAWN SERVICE, herein acting individual, firm, partnership or corporation by and through Israel Lopez, hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0035 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT T 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. ISRAEL LOPEZ LAWN SERVICE BY Israel Lopez ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots .- February 22, 2025 March 1, 2025 • PUBLIC NOTICE '' "''''' i' ., '.fir 7 S• `"` - " .., .s..ter �i�v.3'^ +, ,t ., t, . _ " ra '01 -°.�,f Y .3'. 's4" '_ .&.j,4V "'^: 1 5 „ .a 'j' r.. 3 • � e 1 2as f a a a ae a t ' E'- o- i e � * . : ,fi r a Y ti 9 'gif 1 � � oT/ r L• P LL " • 41= • 'Qi 4 • ` 7 * F F �� ,, ?„ ' y� ' 4, =m _ tr . =_�- "� 9 1 . E :-QB, r 1 ;V a tYh 9 P .K,'aiis 1`J t 2 91l9i� 1.Sa � ?a�} A i 7 a a 4e3 � :, e z e '3 a ar ia � to- 6cam. s_ 7 ,,z, h v, A , .k � '. 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',--- • '':*-liti ..: :Al ., ,� 'z a .:,„.„.:...,..orip..,:e_fttirwenii-foroc.:iev,:i. '+'.z.X....11.' ..1,4,43.U71„_-.'.,..r 9,lt-Pe,i1-q:;.;‘'i ,...•.' ,.', }.4•$ a , u ,:,,,,a. ar 7 RA, t4.it ,':. r' 4u _ • -i `x P aft' 1-5 ry��-.t, F 3 -CITY OF PORT ARTHUR,TEXAS girt r[ke 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 LN THE SUBNIISSION OF THEIR BID. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Form with the correct attached Non-Collusion Form. 3. Trees referenced in specifications are tree laying on the ground. Trees standing up will be a cleanup. 4. Contractor does not have to own the equipment; contractor can lease the equipment. 5. Net 30 days begins on date inspector verified work is completed. b. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 19,2025. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 19, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams Purchasing Manager ,Tad £cret 1 3 ho I7,..5 Signature of Proposer Date 151a1/ ( c t Company Vendor Nhme Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista, Vista Village, Lakeside, and Montrose 2. Area"AT' is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B i" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area C1: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. Page 12 of 25 r CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and Cite-owned Developed and Vacant lots in Areas A,B CDE& 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 $ OPo 3 5 2 AREAS B -E $ b.0015 $ 3 AREA F $ I $ Award will be based on bid price, crews, and equipment. i3rael Cop,-z awn 731 puff ti¢ COMPANY NAME STREET ADDRESS SIGNATURE OF ER P.O. BOX SYcr el Lcipc z I k(lA 77� PRINT OR TYPE NAME CITY STATE LIP Owner 2ugl TITLE AREA CODE TELEPHONE NO EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog (20 Zero Turn or Riding Mower 41 (�D ha < c/O Weedeater ( N/A Hedge Trimmers 2 N/A Walk Behind N/A Chainsaw 7 N/A Blower .3 N/A Edger / N/A Number of Employee that will mow the Lots 5 -T5rae / /, 340/25 Signature of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: SYU e, L Cpt7 Printed Name: tsrctel L >Gz Title: OWt1GY Company: ?-0 (_ripc2 5erv/LG,,f Date: l/c .5 SUBSCRIBED and sworn to before me by the above named2YGtie/ Lopez SQ on this the day of VONCi, , 20 O5 . coA.&.Aa J. oa PATSY LORELL DANtELS , Notary Pu. is in and for the Notary ID tx 12661334 2 1 State of Texas % My Commission Expires �'�=°`7 September 18, 2028 1 My commission expires: 9 -g-aoai 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: 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. rLcra C re L 3 //0/4 5 Firm Name Date e cuiycr- Authorized Signature Title srad Lc�74 tiog - l s Name(please print) Telephone LeLe-l17 �iiA W 21/l.4Y,.Cr:147 Email STATE: ---rg • COUNTY: ; PD S is n SUBSCRIBED AND SWORN to before me by the above named ,L S r 2( L0 fie 2-- on this the (D-i - day of )\c yec I,. , 20 45 . 4Af4 L)_a34/4,17 PAotaTSYry LORELLID#126613342 DANIELS Notary P blic N My Commission Expires o.V September 18,2028 R PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 1766.006(a-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who s a business relationship with local governmental entity. MIA J riCheck this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income other than investment income, from the vendor? Yes n 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 n 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. s1 17 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). J (( LG ZL 31/6/2S Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30,/2015 rage 1/ 01 LJ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http:iiwww.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vender; (B) has given to the local government officer or afamily member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local govemmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, .Sra. e l lePt z , the undersigned an representative of C tS (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. T5k2e/ Zc iz (4u)n Name of Company Representative (Print) e/ J Signature of Company Representative 3/0 /25 Date Page 19 of 25 House Bill 89 Verification I, :_t_ �cSr e lcp-e Z (Person name), the undersigned representative (hereafter referred to as "Representative") of 5iru/ t 2 -c �, i 1jj r jcompany 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. Zsr�z � (cpc' SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / v day of ' rArk , 20a5. PNoATSYtary LORELLID#126613342 6-,)11,4-4401DANIELS � y My Commission Exp Notary P = is September 18, 2028ires 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: httos '/\\ \ .ethies.state.tx.us'filinQinfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. • 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal fmancial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance,construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. • Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMtINATION 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. TERIVIINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s)shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT U CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E 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 D OLIVER LAWN CARE, herein acting individual, firm, partnership or corporation by and through Derrick Oliver, 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 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0035 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT U CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. D OLIVER LAWN CARE BY Derrick Oliver ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. • CITY OF PORT ARTHUR . Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots .. • • February 22, 2025 March 1, 2025 PUBLIC NOTICE 'x`' -WrxA'+, -,.-q.c 'S- ' -t' :. 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Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village,Lakeside, and Montrose 2. Area"AT' is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over Y2 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 (Gritting Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinji Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5') past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists, the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of 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 perfouming 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,R 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 ICOST PER SF COST PER ACRE } 1 AREA A $ $ 2 AREAS B-E $ a 60 3 $ { 3 AREA F $ $ Award will be based on bid price, crews, and equipment. 4 COMPANY ANTE S STREET ADDRESS �ev�,cr 4 e,,,ni- SI ATURE OF B II 'ER P.O. BOX GC 1)&71eRicrke/c,e—ri 1)6r '-,(_/,-1`tcrlr !"Q f - 7 64'( �P OR TYPE CITY STATE ZIP OtfltaY LI 0 2 .ems--3 3 I- 1 TITLE AREA/CODE TELEPHONE NO e e�- -fcC O L'✓c.�0V,v�4 4 •uca.-, EMAILFAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower 2 Weedeater N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw / N/A Blower 2, N/A Edger N/A Number of Employee that will mow the Lots 02, Signature of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. • Signature: Printed Name: L)212,6t< Title: Company: j°) (lb n 0--C Date: /LA /)�c L, / 7/ O ZSr SUBSC IBED and sworn to before me by the above named.Prf;C,k OI;Vbr on this the 19 dayof OiYc , 20a . iigavraai Notary Publ' in and for the State of Te as My commission expires: 49'/gr 020 i,.*Y•o, PATSY LORELL DANIELS Notary t233 My CommisID usion 661 Expires September 18, 2028 Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: ;�7I 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. /0 06.1e A-- ( 4‘.. .--,/ r, „ 2- / 7 - 2,)— Firm Name Date __/0._ } --fe--Z.— ) /C7 — 2_---i &C�...) -,)( A--- Authorized Signature Title / E/)ficc <(:9;--er ,� io 2 _s= 3 ) --1—'7 Name( ase print) Telephone Z--V We --LT C CAI`'�L'0' 4 J .1 • C ®,�.L, Email I STATE: TX COUNTY: 3(, 5o4 - LL I SUBSCRIBED AND SWORN to before me by the above named I PT1 1 C./� ©Ai Yi0Y on this the )9 day of (a r a, , 20 5 . a ��. ,,,, PATSY LORELL DANIELS Notary Public Notary ID 0126613342 ";,�0,1,,� My Commission Expires September t8, 2028 4 - - - : - " " ' S 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 chap es de a law by H.B. 23,84th Leg., Regular Session. OFRCEUSEONLY This questionnaire is bein in cco an pier 176,Local Government Code,by a vendor who Date Received has a business relation ip fin by ction 176.001(1-a)with a local governmental entity and the vendor meets require nts under ction 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. J riCheck this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(aX2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes 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. J flCheck this box if the vendor has given the local government officer or eternity member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J j —/ 5 s-- Z- ) re of vendor oing b ess th the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage i i 01 Z.3 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):°Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (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(30r2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, e- ,the undersigned an representative of LP �r c „.„, �r}L,j�.l ��✓� t (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. e �y—�G 11•�/r.1 Name of Company Representative (Print) Signature of Company Representative /9 - Date Page 19 of 25 i House Bill 89 Verification e --- C) ��, ✓ (Person name), the undersigned representative (hereafter referred to as "Representative") of Z9 /(1./-e., CAc_./,--(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. G__0,,eice____:__ NATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / 9&day of AV'Cot , 20 A5. ��Y'us PATSY LORELL DANIELS :° Notary ID#126613342 My Commission Expires `�� Scptcmocr 18, 2028 Notary Public 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://wn�w.ethics.state.tx.us/filin2info/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. • 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel)in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O.Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this 1113. 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 gyp•.-. - xrr_. not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT V CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and VALENCIA LAWN CARE, herein acting individual, firm, partnership or corporation by and through Oceal Valencia, hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026..with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0035 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT V CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. VALENCIA LAWN CARE BY Oceal Valencia ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 PUB LC NOTICE na��,t:aro ..-� �� '4 1'�s�to s+- - 4y at :,o .r--'- *` '_ems- *' u5 -' x f-J Wi _ TF a �:� t� " ,„-,,s r, � ' G� ��� a :a 3 sp a a !t trf 1 s tp- z,P ,,r } 7_ 11d - t a t r t l ia, -,._r-- ,, � p ssx ® a' 10s, � e 'T � { i (� 9a t o ;! s ,' �a _it4 N2LS'•� 3 5 4d29�' 3 " 6 a a,,,,,,,,4,1,.. £ .ff« `t s ,• 4W 144, t k ,,, 1- -,3 fi > �0 Y Yam � y9 r. 3 4 •tir& a, • �y 31�f"�''`�'�.tYY �:`Lys�,,,��� :,���� t��� '�'���' �a ��i.���'s '��vfs t�ar� a'�� Y f t ,-'"YS lg 4^ates.-.. @ r rz 1 :Y� • i 'ate iM , .' h r'' C?,; i }..: '�'" Spa � ---' , s alµ �' . ssE ,i,.�. z .sti .�1�,r b3.a } ^ta 0: 2 _• t- � tT'ir'so o a ' t3 re, -r.. v'k a2� - OS ..s '': --� ° 9 n a I 1 is ,- a {-� s .. fir-.-- j s "�'a. ¢�{- ark'xSats u,,�,' :;.07-�` ,, ;y. s .ice - 3 B 4 9 t faa&ttrj 9 fia a t ,- ,id .c-'r,>-c! 14.1 ;: 3'3' &" a xW+R 4, �v,� � *�S� - r�w-ti�a to .� �� �`.. Y aa- .�` 5��.- ,+ �ad �'a��t_ _+•s �Q aa'�a �� i'3-r> �a� i {F.� s � , ! R-1Y ._ W N 1 7 a L S �3 3 a� 9�.N 9�- 'k-�i.,� p � t�G�F. a 28li '- _z 'c� i i sir: 7 �'t3 ` �' - '" I -2 a. -.« s kits `` -_�- V'' --�AZ- 45 a a � r � ?",p,,,.. 7. a o r t � a * `!`i 3' - ze z .f a .7` s a a5 �. ?t a R""' � � 't +,.a 2_ � � 1,�: - ,t . . �8f 1-61r aECBa,rk,? ! 5 � , F ,E -a£Qtl e7, r _ . E" "4YC a, : x ,,- rf s r , -CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. ONE(1) nrt rthur 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. (41:o, t Clifton Williams Purchasing Manager CerA ( Signature of Proposer Date Va/en 1`a l z// ' fe Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/4 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area "A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre S. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side (Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 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 25' Street (Gritting Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowin.Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet (5') past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. Pt Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 1 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A.B C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT & VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREAA $ 0 , 00 35 $ 2 AREAS B -E $ lJ lJ 0 63 $ 3 AREA F $Ooo63 Award will be based on bid price, crews, and equipment. W (e Oc r (Lk w, Co Ye L1O3 S - 145MPANY NAME STREET ADDRESS QCen ( VOlcper SIGNATURE OF BIDDER P.O.BOX Coo ( Ut? p 7? 6L/ 2_ PRLNI'OR TYPE NAME CITY STATE ZIP Owrnei ►lloct .9 93 6, Io EITLE AREA CODE TELEPHONE NO C-1( C1Ci e/ "/ oqa AWOO EMAIL .(O FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog I 6 0 / (% 0 / Zero Turn or Riding Mower 2I Weedeater t5 N/A Hedge Trimmers I N/A Walk Behind N/A Chainsaw N/A Blower N/A Edger N/A Number of Employee that will mow the Lots 4 O C e l \m ( C (a 3- /0 , •?,5- Signature Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. • Signature: Printed Name: 0 C ed / c ( e C, Q Title: C P a ( `-� 1 en < i q p Y� Com an ! 'C /C-Y LOA/ ( 0 re Date: 3 - io SUBSCRIBED and sworn to before me by the above named )C eat Vail PAC;b.,on this the / fk day of Ct'(CLx , 20 2.5 . Le6d a4t4,2.6' Notary Pub!' in and for the State of Texas My commission expires: /g c 0J ! �` PATSY LORELL DANIELS Notary ID#126613342 My Commission Expires September 18, 2028 Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: /I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. �CeC I vcio IFIcv,i6 _3 l - 2(5- Firm Name Date OC &ri l og ienr/ ra not ) (i el Authorized Signature Title 1/(s) 3 -16/1 S Ni p' A---T)( 7707 ii OR q56, /-06 Name please print) Telephone r , �_ ( 'Ar; O Ci e1 ti c 4/6 n 0 .CcM Email STATE: COUNTY: ,ie-WersO A SUBSCRIBED AND SWORN to before me by the above named 0 ceai V p A.G , on this the 1 Q-rL. day of 1 \04CA , 20?5 PATSY LORELL DANtElS # Notary iD#12bb13342 ,, Notary Pub is My Commission Expires �"*c.�� September 18,2028 t TURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. 1\-) J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I 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.) Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? nYes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. J flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). t Signature of vendor�foing business with the governmental a tity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11f30'2015 rage i i 01 LD CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us( Docs/LG/htm!LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Cods§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,ora 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 4\] I, ;`sr.A i 0 CPC I \J c l e'C/ , 0 ,the undersigned an representative of \j�� lej c 0 (CUAJA} Ca ye (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. Q C ect Name of Company Representative (Print) C FZY (e)71c 7rq Signature of Company Representative Date Page 19 of 25 House Bill 89 Verification I, (;Ce0( �� )�%1/1(� / ram) (Person name), the undersigned representative (hereafter referred �( to as "Representative") of 10(eric, C)„! /(/tx/4 (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. ea( Jd / C 4 ( SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1041► day of Iv, , 20a5 Notary Publ' iCavij PATSY LORELL DANIELS Notary ID#126613342 4 ";�`�y My Commission Expires September t 8, 2028 Page 20 of 25 r. GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://w,wA.ethies.state.tx.us/filin2infolconflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 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 1'1'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 financial assistance. TERMINATION FO i' CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by. giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall Page 23 of 25 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 ems' b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT W CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E 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 10, 2025, to Mav 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, 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: $0.0036 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT W 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. SMITH'S REMODELING BY Christopher Smith ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. • CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Tots February 22, 2025 March 1, 2025 PU B LIC NOTICE tt, VY r t • l 3 kik ad ba:rsp�� - ; -art; a W9r Y e, 1 a� 3 1 � g '"X, ';-v. k4. a .,u.wF 3 -i ce':*3 • a• ' ,'wry i.�A..�ar a ga�of afaa a _- ,c1�i-. �f to frZZn 4 si �1'. :1 1 a s s t'•4 r i �'.;, '):'" - ,. � ,'� - ,mow g, a ti.Qe 'ti Win"- 2'J i. 1�t @1 3 ea o i • a- a'1 sts a1r a t z+ $ns1 Y}-! a��,..,- � ,� "{ r fit ��a��r a ags tt • a_ ar as e e s s . .t la.�s e 1,a 8 y .r • ®. : .. ��Y.'" d� 4 ;s a s+ aa' :nil; a as w!a s �a a A e�.'' 's �a� as 79 . `e AA v, �.f .- dart i y��::{{ 'a ''-' 'c- �`��itt 'Sye; h� r ' �- z • c ., yt N ,- , "z�J het : b44-. �1 3L�G i-"• ,'' m � � o- i i f e, ��. $ - 9-di ,'NT �� tau l t r. as v a • d -tea k p Dt� t a x 5S3 sr 3 + _y'i s o a z a�' x4 y 4 Kx: �y a. "ate a � e s s s? �` r1 sn I �3 3 ? Y -Y -: T.."+ �S ,, -,-„S. .i ots ds S f s`#' Yam" F ,�,_. ▪ W[Nc�'+; '!3" -�1 3 E { i? D Lots _, ��_a,P��Y*S��.��q�i� $ -� �a �'G�{EtV Lam! .1 h'1 t�'iv'LVE i.'i EV�63�.w red ,ohs - esso-n e nod o; elzvet _. _. be ;.s-_ __ rv _- 4t Ste, : ` Y o�. . . Fre�rreve�tfr©ice°#tteC' sw •''afUvvvv-:�_ �€a�_ _ asp��� urchase.com. t1.�`6J; MA TOY PRE SIBt ETff fS SCFiED.LED ,3-c T €Ll�SC3A1� ARCH 6, 2J2 hT 'tQ_(J fit - TGf T Y HALL 5TH H ERS.qt NTH S T? ET 1 RTs-UR;TEXAS der t €Article : $ac 82 )of#Eie G1#} s-o-e cf Q1 .. e,the C#y Gou act snail r� - ,. F - s Ptka[• 3 3 t#s ob,3gauons to,ne Cray ? Ys k 1 `.- -' �b"'r+fa* "' '0 4▪ 4t A`' T .,- -- cl# Sr�..4 h : '4 '' s s 4-1.,' -"y '' .e 74. -. i a ,8 T.1. ifR., �....".- k', `'-r }F• xyey .` 'a2",s71:'• 'v, As( r1x {, of , n': i ..r 1 , ,- -CITY OF PORT ARTHUR, TEXAS ure roll- `-- 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, 5`t' Floor, Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ittr Clifton Williams Purchasing Manager CittitAk Signature of P rpose Date 5 1 Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over acre. 5. Large amount of Mowing. Area A2: 1. El Vista, Vista Village,Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 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 (Gritting Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over t/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing.Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health, the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty(30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A, B C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF I COST PER ACRE 1 AREA A S 1)U �, S • I • 2 AREAS B-E S (j 3 6 1 NA 3 AREA F $ C10.3 $ Award will be based on bid price,crews,and equipment. J t�i 1S Lr�t l e t 3:3f A.!C'oe/4;74 / COMPANY NAME STREET ADDRESS C any,, 9 SIGNATURE OF BIDDER P.O. BOX NaiAbP S MM."- —PC111-- All+11-4-4' --77 /-/ PRINT OR TYPE NAME CITY STATE ZIP //re)Laigi- (g3 ‘,/ 35 TITLE AREA CODE TELEPHONE NO r7b C5 t� i o yJ7, • 1� Lv. EMAIL FAX NO. Equipment List Equipment Qty Size of Cutting Deck Bush Hogg Zero Turn or Riding Mower3 Lb) Lob) , Weedeater N/A Hedge Trimmers N/A Walk Behind t N/A Chainsaw 2.- N/A Blower N/A Edger N/A Number of Employee that will mow the Lots r U i'1 Zb Signature of roP oser 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: (Ihry phd- Title: Company: 5 yv►; ', k'einicActe,Li''Lf Date: U ( � Z��S— J SUBSCRIBED and sworn to before me by the above named cI1Y1`s cp r R -Smikhon this the l day of Mar(Yl , 20 25 . .'it-t-r:th-it4-(i--ha-kt Notary Public in and for the ( •, • \\,\ H Er �: State of Texas My commission expires: ;�L 51 0 oU rn = 7) F4YR /ifitIIN 1111o''1‘\ Page 15 of 25 Fr- 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: J 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. Cjt'V\I4 S k.efrvtr-OttiA---4 Gr31 2t, L Firm Name Date t Akk — ()W it r l ()pa Authorized Signature Title CA\Cic Dpki (V) -) yL-5 la 335 Name(please'print) \Telephone Email STATE: 761 CY S COUNTY: TR-- ky'S�'Y1 SUBSCRIBED AND SWORN to before me by the above named 'Ny I 4' -Y A, 3m *- y c PO ' on this the i 1 day of MCA-K.h ,20 25 . .Y. .u; •��r otary Public • _ > ` .'F O F ' J �?3t19 6 •. f \\ RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL `' Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23,84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006.Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. i\fec lk 2.1 C k this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer 1.1 Describe each employment or other business relationship with the local government officer:or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer, Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income.other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B). excluding gifts described in Section 176.003(a-1). ?I tiL 03//I /2_4,,2 5 Signature of vendor ng business with the governmental entity Date ti Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage a/ut LJ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.usi Docs/LG/htm/LG.176.him.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 it: (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 I, 'Lc-) V12gr `%.` , the undersigned an representative of 'YI/1V Sep'` (Company aBusiness 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. kc. 104,1.-+-I1 Name of Corx pany Representative(Print) Signature of mpany Representative 05 717 Date Page 19 of 25 House Bill 89 Verification I, ICES\>N. '*' t (Person name), the undersigned representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SfGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 7 day of (n"trc V , 20\,\J% HET, Ott ' 2� r ^ -c44 Notary Public iii ' 07_n5-2 rrrrtt2>>�,��C1' Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://w,ww.ethics.state.tx.us/filineinfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE.PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. . 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O.Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance,construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. • Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal fmancial assistance. TERNIINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by. giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall Page 23 of 25 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICA'1E OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CON TRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT X CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and B & N MOWERS, LLC, herein acting individual, firm, partnership or corporation by and through Breton Newcost, hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from May 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, 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: $0.0037 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. EXHIBIT X 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. B & N MOWERS, LLC BY Breton Newcost ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. • CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025 ,-T1C.E s.s'�.�-'.i-y � „4K�' ° y2"pF" . 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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. 69‘A LAT, Clifton Williams Purchasing Manager _ Signature of Proposer Date Company Vendor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over acre. 5. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"A2" is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over Y2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area Cl: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55%to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 1 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Grilling Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet (5') past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of terruination 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 RID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A, B C,DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT& VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE I AREA A $ U.C7c� �j7` $ $ u 2 AREAS B E $ (.5 J 7 $ 0 . =� 3 AREA F $ $ Award will be based on bid price,crews,and equipment. , I.) �'I?a�(fls ) iez4 4c.� COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX &ehm t( o -- /21.1if4 . l( -776/A. PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO iri o )i i /- . /: 7/h4t/. Card EMAIL FAX NO. „___ _r,r Equipment List Equipment Qty Size of Cutting Deck Bush Hog S I� t X 1 f Zero Turn or Riding Mower q Ca i Weedeater N/A Hedge Trimmers I N/A Walk Behind N/A Chainsaw = N/A Blower • N/A Edger 1 N/A Number of Employee that will mow the Lots Signature of Proposer Date Page 14 of 25 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. • Signature: �.-.,✓ Printed Name: /3€7-4- S/ !. /7-e c Title: Company: /5/ 1= 7/7ad rYts GC c Date: ?- /s - 2 5 SUBSC IBED and sworn to be ore me by the above n ed (CkOn a/t. fit' ' rl this the / d day of I,- , 20 ROI/1A- Notary Public ind for the � y State of Texas . :F`Z LACY MARTIN =: �V t7 Natal)/r ;t,itc,Sate or Texas (( 1 , :'•t; ' 1°f 126 6359-0 My commission expires: a�`I V Cb„`` ► V Com bo 04-08-2025 AV EWA Vl'1' • 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. 6f- '1T tJ -5 GAG ,)6 s- Firm Name Date 11-1 Authorized Signature Title Name(please print) Telephone Email STATE: i e Xa s COUNTY: 3-'2 f ceSSO r\ SUBSCRIBED AND SWORN to before me by the above named SVC 1 vNVNCOs on this the \ 0 day of c\(-)arC,h , 20 25. 2 gv pU GUADALUPE WILLIAMS i W, !Q�,�(�1`}i1f� z,•�+� Notary Public,State of Texas/ Notary Public t N9�Z�Qy Comm.Expires 12-10-2026 t t 6CF" Notary ID#13182083.1 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CiQ For vendor doing business with local governmental entity 1 This questionnaire reflects changes made to the law by H.B. 23,S4th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1...1 Name of vendor who has a business relationship with local governmental entity, F=-' ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer ,J Describe each emptoyment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? ED Yes ! f 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 ANID the taxable income is not received from the local governmental entity? El Yes 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. ri(—"} Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts l i as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of v idor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage .t/ of L' CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG,176.htm.For easy reference,below are some of the sections cited on this form. Local Government Coda§176.001(1a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A)a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (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) acontract 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 aggregatevalue of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1)The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B)submits to the local governmental entity an application,response to a request for proposals • or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business-relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1 113 0/2 0 1 5 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION 15'Zed‘ ,the undersigned an representative of C UtA)(!i s` (. (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) Signature of Company Representative Date Page 19 of 25 House Bill 89 Verification I, jlI>, -/ ` ex,.) (Person name), the undersigned representative (hereafter referred to as "Representative") of - A) /77OL)L't 5 22.c (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SW9PrigN TO BEFORE ME, the undersigned authority, on this 1 ° day of M a run , 207,70. t Q,p„ GUADALUPE WILLIAMS )/6A taaCally W-Q--babkrin i z@ice°� Notary Publi ;State of Texas 2 ;ti4 Comm.Erns 12-10-2026 i Notary Public Notary ID#13182083-1 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://w\ w.ethics.state.tx.us/filin2Info,!conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the 1113 and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INV t+ICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O.Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal 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 AM) RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT Y CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E THIS AGREEMENT, made this of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and FRANK'S TRUCKING, herein acting individual, firm, partnership or corporation by and through David Frank, hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The terms of this Contract shall be from Mav 10, 2025, to May 11, 2026, with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0039 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. EXHIBIT Y CITY OF PORT ARTHUR BY Ronald Burton, CPM, City Manager Signed on the day of 2025. FRANK'S TRUCKING BY David Frank ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. CITY OF PORT ARTHUR Request for Bids Grass Mowing of City Owned & Privately Owned Vacant & Developed Lots February 22, 2025 March 1, 2025' • z T s +�a n% ms x� - Ec��- -' � .� t� � w ix-f a � -, �1▪ 40z ` s - w' S . kra^ ,�At w ' � a�''i'� gilal �b a F 3 A aA a 7 J..9g aF "�;a �a 4, c • o 1 1irs a a^ -_, , 4 },f ps qAa ~���. arnFE a i 9 , sit -"x •u S 4 ,1 'Y� �' � liwtlC'� B_ F� i ® . 9 i5 ,a ' } 9�g a �' l l 1 ,•,- - P 3 g J 9 3 i 5$ B d F� s ,j' fm a ram + c 3 a •. a - . �a'u4 0 ,� �.1,4i,. 1-E ews i, .4°g' -tea c s .'a2�ey • to r -k�..`lL� ,... '' .}.1 ' +45' �`'x •A1.n.� 3.� _-' -zv# � a a a ,44 i� A _�* cam,^ a Q - 73 8 i 9 ,yq i a .?E 4 E�y�d. • 'fi SSA Y k k' (f �' z`-,�+ es t,�° � '�'�'L '2k�,C .,l 1 2.,.- � 7 4,47 y▪ s�w #ag - ,fyFa.."`'.6" Ar 'a 1 y3 ��9 7 .Ma S+ Si Y A! f z,; 3 1 �. F , f 9 2 a 1 -a-, A. .`6Y ai _13� 1 ,2 E�A 1rs`C 9 J 1 3 3, .y� ��^�. N '96 $�E rw 'T `P9e 7 -1 s' FT'!-.! 1 a,... •t o s..a a ..VW, s.a a-rr?s , ... - 4,—. 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I .�is t9 o f .'' :ar f'" r -sl a,� � €-" '.us .,' �"�t it p jj� ▪ i 1 C�A -a' y ft gf-3, s ,' - At c - �, 'fir ' 'iwp*S 5.„z1-Fp•f tQ� iaai a- Yltr � '- it„:„..,-, it T1"-- #. '. +,_. _ : 01,Z p jp-..N , v,`▪ Li^� i- H..'7 j` 4� '.6� f' Tom. '- �� 77," a 0.0 a. a s dP`'. r s a s a }a � 7 • A �=ta $sue: ' i�, -yam. J -3 '^.„:- � �as�r INte .t.- * �& R -e/WW- _,rya q t*I' �* .' .� A} j *-t*�" ,,Z,. " 9 ..4 • `. -sad . 1 '� a a1 a a n ! n s6t▪• '��4��tt��s i ,i f3' I�a ` ?; ,M04.▪ c-.441 r.e t i 7 4 *• 1 .fp74Es•£ ; „Y^ tom' h,, i�. y&'1'h�ei,n .ai -•.3..,f}-•" '�" ,,,,,,,� -moo ,F.r - „s�Y b'trc',�1 h.1+,7� Y -¢) iti _ "•,. y�z'" Ke.,'° l..:, . `x'�` 't{ i-- x v i �. '�':;,,.,a; ",-1 Oaft -CITY OF PORT ARTHUR,TEXAS V�t 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 EN THE SUBMISSION OF THEM BID. Addendum as follows 1. Replace Bid Page with attached Bid Page adding Cost Per Acre for Areas B-E. 2. Replace Non-Collusion Foy in 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 J I I fiqta6 Signature of Proposer Date r12441 Company endor Name Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al ' is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over Y2 acre. S. Large amount of Mowing. Area A2: 1. El Vista,Vista Village, Lakeside, and Montrose 2. Area"AT' is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area Cl: 1. Savannah to Woodworth the Northern Boundary is 19th Street. 2. Area "Cl" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area C2: 1. Woodworth to 9th Avenue the Northern Boundary is 25th Street. 2. Area "C2" is majority vacant lots. 3. This area has a lot of grass cutting. 4. Average around 7,000 square feet. 5. The Developed lots in this area have fences. 6. Large amount of mowing. Area D: 1. Area "D" has a 55% to 65%breakdown of vacant lots to developed properties. 2. 9th Avenue to the eastward boundary of the City,Northern boundary is 25th street. 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Griffing Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowinji Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet(5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health,the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 I • 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.ARTHITR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A,B C,D E& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT & VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREA A $ (9� g $ 2 AREAS B-E $ 0 g . $ 3 AREA F $ Award will be based on bid price, crews,and equipment. • F k's —C t(--k 4 � -j 0 • COMPANY NAME STREET ADDRESS "-C- 14,.(Adj Fiut.oK: SYONATURE OF BIDDER P.O.BOX P4ut.D Paid-r i Lc 976'10 PRINT OR TYPE NAME CITY STATE ZIP `ems (14 Cc7 — 1'1QD TITLE AREA CODE TELEPHONE NO EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog a I (-0„ Zero Turn or Riding Mower �5 Weedeater "1 N/A Hedge Trimmers N/A Walk Behind k N/A Chainsaw l 3 N/A Blower N/A Edger N/A Number of Employee that will mow the Lots - , j /i/aca3 Signature ofTroposer Date Page 14 of 25 TON-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: pxuro Title: 00-0 Khelt, Company: Date: 3 >i i SUBSCRIBED and sworn to before me by the above named bvv1a. Vrwrk on this the V:\ day of V\c-+-Of% , 20 ac . Notary Public in and ' State of Texas My commission expires: \'a,. % VERONICA.MELISSA HERNANDEZ i Notary ID 4124928016 \4, /;:, hey Commission Expires _ % December 6, 2025 . .pr Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters,etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title �'< ( LA off\ C ` � l gc Name(please print) Telephone Email STATE: -7 .. COUNTY: Pk (‘ SUBSCRIBED AND SWORN to before me by the above named JZ& c' OA. on this the l day of ‘MC> ,A , via —,_ - - <>0.� vERONiCA ME!iSSA HERANDE2 Noiary ID 124928016 Not ry Public My Commission Expires December 6, 2025 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23,84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer Lti Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 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). ` .31 J 40'3 Signature of end doing business with the governmental entity / l Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rageiioih3 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:/iwww.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government 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 (G) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: iridr (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income,other than investment income,that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1)The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission wvw•t.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION 1, LJ koi1] ,the undersigned an representative of 4 (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. btetLii Name of Company Representative (Print) Signature of Company Representative Date Page 19 of 25 House Bill 89 Verification I, t) A- ,e O ---NAA k (Person name), the undersigned representative (hereafter referred to as "Representative") of b ` 1.e1w c I ' 1 (g (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. ,: t( _i; SIGNATURE OF REPRL E SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ,C\ day of \Gx'C, \ , 20 25. Notary Public <w�,`P VERONICA MELISSA HERNANDEZ _, Notary ID 4124928016 s'��~ My Commission Expires '.•c. December 6, 2025 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://w\vw.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 1'1'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 to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and fmal acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CER111,ICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s)shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25 EXHIBIT Z CONTRACT FOR MOWING OF PRIVATELY-OWNED & CITY-OWNED VACANT AND DEVELOPED LOTS IN AREA B-E 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 LLOYD MITCHELL, herein acting individual, firm, partnership or corporation by and through Lloyd Mitchell, 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 10, 2025, to May 11, 2026,with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience, which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. Mowing assignments will be given to the contractor with the lowest contract price that is available to perform the task. 3. The Contractor will perform work as stated in the Contract Documents, including Addendum#1. 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, except those supplies specifically not required of Contractor in the Specifications. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: $0.0039 per square foot. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Notice of Award h) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and two (2) copies, each of which shall be deemed an original on the date first above written. CITY OF PORT ARTHUR EXHIBIT Z BY Ronald Burton, CPM, City Manager Signed on the day of 2025. LLOYD MITCHELL BY Lloyd Mitchell ADDRESS PHONE NO. /FAX NO. EMAIL Signed on the day of 2025. , CITY OF PORT ARTHUR T Request for Bids Grass Miming of City Owned 4 . Privately Ow 4r el, Vac,., it I eveloped Lots February 229 2025 March 1, 2025 r • R�'�? ` #i; ? ` ,: 3?3- , ,, % y - *— .;, ,-.p may• • �£ _ s32.'3 e... 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T �" yam'�� " r a! t� .ram• N't - � ' r� t, +' :^ �. f h . 5 tg .g t t s5� .. fir , &yA ,� ,;_,,fi' Specifications for the City of Port Arthur Code Enforcement for the mowing of Privately-Owned and City-Owned Developed and Vacant lots in areas A, B, C, D E & F Scope of Work: The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel and service, to perform and complete all work in an efficient and workman-like manner as described in these specifications. All prospective bidders MUST submit, with their bid, a list of all equipment owned. Equipment will be inspected by City of Port Arthur Environmental Health staff prior to an award being made. The City of Port Arthur reserves the right to perform random equipment inspections throughout the duration of the contract period. The Contractor's failure to comply with these specifications will result in delay of payment. Liquidated damages may be assessed, or contract termination. Area Al: 1. All of Port Acres 2. Area "Al" is mostly vacant large tracts of land. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over '/.acre. 5. Large amount of Mowing. Area A2: 1. El Vista, Vista Village, Lakeside, and Montrose 2. Area"AT' is mostly vacant lots. Lakeside Area has large amount of developed lots. 3. Mostly 7,000 square feet or greater. 4. Bush Hog would be required for vacant lots over 1/2 acre 5. Large amount of Mowing. Page 6 of 25 Area 81: 1. West Side(Foley to Houston Avenue). 2. Area"B 1" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 82: 1. Houston Avenue to Savannah Avenue. 2. Area"B2" is an area with a lot of vacant lots. 3. It is a mixture of vacant houses and developed lots. 4. The lots average around 2,500 and 3,500 square feet. 5. This has area has a large volume of grass cutting. 6. Many of the lots have fences. Area 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. 11 3. Large volume of mowing. 4. Average size of properties is 7,000 square feet. Page 7 of 25 5. Developed lots have fences. Area E: 1. Area "E" is mostly developed properties. 2. Area E is 25th Street (Gritting Dr.) to its Northern Border which is Aero Drive & Tyler Avenue to Eastern Border Stadium Road(Twin City Hwy). 3. The volume of mowing fluctuates week to week. 4. Average size of properties is 7,000 square feet. 5. Developed lots have fences. Area F: 1. Area "F" is Sabine Pass. 2. Large volume of mowing. 3. This area primarily consists of large tracts of land. Most greater than 7,000 square feet. 4. Due to the high tide; a lot of these lots are flooded which will make it more difficult. 5. Bush hog is required for vacant lots over 1/2 acre. MAP: Map outlining the Areas is attached as Appendix "A" Mowing Specifications: 1. Each lot shall be cut to a height of four inches (4") or lower by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential and commercial properties. 2. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are overgrown twelve inches (12") or higher and will allow for the easy operation of said equipment. 3. On large tracts of vacant land that are over 1/2 an acre in size, bush hogs will be required. Mandatory height requirements of four inches (4") must still be met as stated in #1 above. Bush hog tractors are NOT to be used on privately-owned developed properties unless special provisions have been given in writing by the Director of Code Compliance or designee. Bush hog tractors are acceptable on privately- owned vacant properties in the City's residential neighborhoods when permission is given by the inspector when grass on lots is 12 inches or more. Page 8 of 25 4. Cut grass and debris which falls or is thrown by equipment upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, must be removed from the area prior to the exit of the work crew from the immediate work site. Removal of large quantity cut grass from the ground area where growth occurred will be required. 5. The entire property is to be cut and trimmed neatly, e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. All underbrush, tree limbs that hang below 10 feet from the ground, and small trees six inches (6") in diameter and smaller must be removed no matter the height. Contractors are responsible for removing tree limb sticking through fencing. 6. The alleyway of the assigned property is to be cut five feet (5')past the assigned property line. 7. All ditches are included as part of the property regardless of depth. 8. Sweep or blow all sidewalks and/or concrete areas affected by work. No grass clippings will be placed or blown into the City's drainage culverts or in the streets. Upon verification of this issue citations will be issued! 9. For developed properties and/or properties in residential areas, the contractor must provide equipment for finished mowing, including trimmers and edger's. These properties are to be left with finished, trimmed and presentable appearance. ROUGH-CUT FINISH WILL NOT BE ACCEPTED. 10. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, on or off the site, which occur as a result of execution of the work. 11. Equipment blades are to be sharpened so that grass will be cut low. Ruts caused by contractor's equipment shall be filled at contractor's expense. Contractors will be responsible for damages to vacant and developed properties and/or structures. 12. City will pay lots over one acre by the acre instead of square foot. LITTER AND DEBRIS: All litter and debris must be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to clear any litter missed the first time that may have been cut into smaller pieces by the equipment. Litter and debris must be disposed of properly by the roadside as stated below at the contactor's expense. All fallen limbs on property must be cut in four(4'ft) sections or less, and placed on curbside for pickup. All trash must be bagged. Tires, green waste and bagged items must be placed separately. If there are any problems encountered on city-owned or privately-owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, inability to access property, or inability to mow for any Page 9 of 25 reason, the contractor must contact the Inspector for the designated area immediately before attempting to mow. NOTICE TO MOW: 1. The Environmental Health Staff will notify the contractor about the Notice to Mow being available. If a Notice to Mow exists,the contractor must pick it up within 24 hours. If contractor is unable to pick it up within 24 hours, please get agreed upon time from Environment Health. If there is no agreed upon time the Notice to Mow will go to the next contractor. Contractor's signature acknowledges his/her receipt of the Notice to Mow and the willingness to perform according to the specifications. The Notices to Mow consist of a legal description of the property and/or address that needs to be cut. Each page of the Notice to Mow shall be initialed by the contractor and dated by Environmental Health staff upon issuance. The number of lots or parcels to be mowed will-not be guaranteed and may vary from day to day. 2. Contractor must begin mowing properties listed on the Notice to Mow must within 24 hours and have seven(7) calendar days of issuance to complete work. (Day 1 is the day the Notice was signed for by the contractor). Failure to complete the work within the stated time frame may result in a strike. Requests for extensions must be submitted in writing to the Director of Code Enforcement and Inspections or designee and may be granted due to inclement weather or extenuating circumstances. Requests for extensions will ONLY be approved by the Director of Code Enforcement and Inspections or designee. If the Environmental Health does not receive the extension in writing, the contractor will be in violation of the contract and the contractor will not receive any future Notices to Mow until work is completed and may receive a strike.. 3. Once the Notice to Mow is completed it must be signed and returned to the Environmental Health Division for review by the Verifier. The Contractor's signature acknowledges that all work for each property listed on the Notice to Mow has been completed according to the specifications. Any Contractor that knowingly signs a Notice to Mow without satisfactorily completing the work as determined by the designated City Verifier may be penalized to the fullest extent allowed by Texas law. 4. Work not performed to the satisfaction of the Environmental Health Verifier will be taken from contractor without payment and a strike may be issued. 5. Should the contractor not complete the work within the seven (7) calendar days, including rescheduled work, the City shall have the right to have such work completed by another awarded contractor at their contract price. Although the entire Notice to Mow was not complete, the contractor can turn in the Notice to Mow and City will pay for the work that was completed once it was verified. 6. If Contractor's equipment fails and written notification is sent to Environment Health, the contractor has 48 hours to begin work or the remaining property or it will be completed by another contractor. 7. If there is an alley on the property, the alley must be cut. Page 10 of 25 8. Contractor can reject doing a certain notice to mow and it will go to another contractor, but if the contractor accepts the notice to mow, all the property must be mowed. Contractor can't skip properties on the notice to mow if properties meet the specifications. 9. The Notice to Mow must be approved by the Verifier and agreed on by the Contractor before an invoice can be submitted for payment. Payment for satisfactorily completed work will be paid within thirty (30) days of the date of the invoice. CONTRACT TERMINATION: 1. 1st Notice Environmental Health will submit a certified letter stating the issues. 2. 2nd Notice Environmental Health will call contractor in for a meeting. 3. 3rd Notice will be a letter of termination of contract for cause. COMMUNICATION A cell phone is mandatory, cell phone must be able to receive voicemails, text and send and receive pictures. Contractors are required to contact Environmental Health within the same day by phone or email. A letter or email stating reasons why a contractor cannot work must be submitted immediately. CONTRACT AWARD 1. The City reserves the right to award to as many contractors as Environment Health deems necessary. 2. When a Notice to Mow is complete. It will be submitted to the awarded contractor for that group with the lowest bid price that is available to perform the work at that time. A. When Notice to Mow is ready it will be given to the lowest contractor awarded to that Group who is available to begin work. B. If that Contractor is unable to begin work, it will be passed to the next lowest contractor awarded to that Group. 3. It is possible that the awarded contractor with the highest may not receive any work, if the other awarded contractors are performing their task very efficient. 4. It is possible that a highest priced awarded contractor can receive more work that the lower priced awarded contractor id the higher priced contractor is more efficient than the lower priced contractor 5. City will award more than one group to a contractor, but the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. 6. Contractors awarded Group A will only work in Group A unless they following. • Contractor has a number of crew members and equipment that Environmental believes can work more than one crew. Contractor will submit list to Environmental of crew members dedicated to Group A. Page 11 of 25 • Those crew members dedicated to Group A will only work Group A. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. Page 12 of 25 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Mowing of Privately-owned and City-owned Developed and Vacant lots in Areas A,B C.DE& F" BID DUE DATE: March 12,2025 ITEM AREA TO VACANT & VACANT& NUMBER MOW DEVELOPED LOTS DEVELOPED LOTS UNDER ONE ACRE OVER ONE ACRE COST PER SF COST PER ACRE 1 AREA A $ $ 2 AREASB-E $ p, 00S9 $ 12.0039 3 AREA F $ $ Award will be based on bid price, crews,and equipment. /0 /l/1(*iriltd kiveS COMP NAME STREET ADDRESS C—S' ATURE OF BIDDER P.O. BOX PRIM'OR TYPE NAME CITY STATE ZIP Oulu k/a?l tt 33 _ov TITLE AREA CODE TELEPHONE NO Cve Cp.? ia;J• eon-,EMAIL FAX NO. Page 13 of 25 Equipment List Equipment Qty Size of Cutting Deck Bush Hog Zero Turn or Riding Mower (� �tif ) Liv Weedeater Sr h L N/A Hedge Trimmers N/A Walk Behind N/A Chainsaw N/A Blower C N/A Edger ( N/A Number of Employee that will mow the Lots 17 1 37/05— i ature 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: sz74(0. 2,0,eAalr / Printed Name: 14t d( 111 e /C4 c / Title: beat,- Company: L�o y 1/ ,fin // Date: Mai-GA if ZOZS SUBSCRIBED anoi sworn to before me by the above named _L/oyd /vl ;'�Chon�on this the day of / 7Gr /1j, 20 2S . l /irel ZO,NAAfik) Notary Public and for the PATSY LORELL N State of Texas �`r Notary #1 2661DA 3 342IELS �} '. 211. ;' MY ComID mission Expires My commission expires: ' �I '�?'� �� September 18, 2028 Page 15 of 25 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: Le 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. L le I 12Z71e4 l/ 3//9725 Firm Name Date • • 7 ralk f� uthorized Signature Title L/oye( m 171 g (WOO 1(33 -0/0,3 Name (phase print) Telephone e-ae yye s � 00,E Email STATE: --"TX COUNTY: "fie- e(50 r SUBSCRIBED AND SWORN to before me by the above named lam) a 4 c i"l ,'�'d j! on this the 19-N� day of rM rCh , 20 4167 )00.14.mi PATSY LQRELL DANIELS eg Notary ID ELL 0A 3342 My Commission Expires p Notary Public September 18,2028 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who 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. Jn Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate) J Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a){2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. ElCheck 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). z Signature endor doing business with the governmental entity Dat Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 rage CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htmILG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):°Business relationship'means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; cr (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 25 SB 252 CHAPTER 2252 CERTIFICATION I, / py d M , the undersigned an representative of L/0 ,i7 % ZL 6 / (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. Lloyd III c ,c,1/ Name f Company Representative (Print) • • ature of Company Representative 19 20 25 Date / Page 19 of 25 House Bill 89 Verification • l, Llbyr/ �f (7`cif-< / (Person name), the undersigned representative (hereafter referred to as "Representative") of ./ 71'A /: M eL (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. 76-Ji•t-'/Z_________ SI TURE F REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this / 914' day of iA C,L , 20pj5. Oa rye PATSY LORELL DANIELS 14kr " Notary ID 4126613342 4 ��� My Commission Expires Notary Public 'i'ov�' September 18, 2028 Page 20 of 25 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms 'Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 21 of 25 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Environmental Health, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 22 of 25 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERNIINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall Page 23 of 25 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,purchase,maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage $100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 24 of 25 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 25