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HomeMy WebLinkAboutPR 12967:MOWING CONTRACTCITY OF PORT ARTHUR Parks and Recreation MEMORANDUM TO: FROM: DATE: RE: Stephen B. Fitzgibbons, City Manager Dr. Albert T. Thigpen, Interim Director Parks & Recreation January 26, 2005 P. R. # 12967-Award of Mowing Contract Ref. West Jimmy Johnson Blvd. (Group X) COMMENTS RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 12967, authorizing the City Manager to execute a contract with TLC Construction of Port Arthur, TX. for the mowing of right-of-ways on West Jimmy Johnson Blvd. (Group X),s~ rrounding the IASIS Hospital Project. The recommended vendor is a Port Arthur business and is the lowest and most responsive bidder. The bid tabulation is attached. BACKGROUND: Each year bids are requested for the mowing of various City parks and right-of -' ways. This program provides maintenance for assigned sites year round in the City of Port Arthur. The West Jimmy Johnson Blvd. Mowing Group (Group X) is a newly incorporated addition to the City's mowing groups. Said group is defined as follows: Park Central Boulevard: Highway 69S to Western Terminus and Highway 365 to Southern Terminus; the right-of-ways surrounding the IASIS hospital project. BUDETARYIFISCAL EFFECT: The estimated cost of this contract, $5,490, is included in the FY 2005 budget, Account No. 001-1207-531.31-00. EMPLOYEE/STAFF EFFECT: None SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 12967, authorizing the City Manager of the City of Port Arthur to execute a contract with the vendor shown on the attached bid tabulation for the mewing of a right-of-way in the City of Port Arthur, specifically the Park Central Blvd. (Group X). RESOLUTION NO. P. R. #12967 12/22/04-cg A RESOLUTION AWARDING AND AUTHORIZiNG THE EXECUTION OF A MOWiNG CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND T.L.C. CONSTRUCTION, DBA TOTAL LAWN CARE, P. O BOX 3172, PORT ARTHUR, TX 77642, FOR GROUP X- NOT TO EXCEED $5,490. SAID ANNUAL CONTRACT IS FOR MOWiNG VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS iN THE CITY; ESTIMATED ANNUAL COST $5,490~ PROPOSED FUNDiNG: PARKS DIVISION FY 2005/2006 BUDGET ACCOUNT NO. 001 ~ 1207-531.31-00. WHEREAS, bids from eight (8) companies were received for mowing services on December 15, 2004 and have been evaluated by the City staff and the Purchasing Coordinator; and, WHEREAS, the bid tabulation is attached hereto and made a part hereof as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby award a mowing contract, based on mowing frequency as follows: Zero/None in January or February; and one (1) per month in March, November, and December; two (2) cuts per month in April, June, July, August, September, and October; three (3) cuts in May for a total of eighteen (18) cuts, to the following bidder to wit: T.L.C. Construction, DBA Total Lawn Care, P. O Box 3172, Port Arthur, TX 77642, Group X. not to exceed $5,490, and, THAT the City Manager of the City of Port Arthur be and is hereby authorized, and directed, to execute on behalf of the City, a contract between the City of Port Arthur and T.L.C. Construction, DBA Total Lawn Care, for a total of $5,490. for mowing for the Parks Division on various City property, parks, and right-of-ways in the City of Port Arthur, Texas. A copy of said P.R. #12967 Page 2 contract being incorporated by reference as Exhibit "B", with a complete copy being available for review in the office of the City Secretary; and, THAT said Contract is an exact duplicate of a City standard fum~ contract, a copy of which is hereby incorporated by reference, except for the changes described in the Certificate of Standard Form, a copy of which is attached hereto and made a part hereof as Exhibit "C", and said changes are hereby approved; and, THAT funding is or will be made available in the Parks & Recreation Division FY 2004 '2005 Budget Account No. 001-1207-531.31-00; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS .day of AD, 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes: Noes: ATTEST: Oscar Ortiz, Mayor Evangeline Green City Secretary P.R. #12967 Page 3 APPROVED AS TO FORM: Mark Sokolow ( 0/,lO' City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager Dr. Albert Thigpen Interim Director of Parks and Recreation APPROVED AS TO AVAILABITY OF FUNDS: Rebecca Underhill Director of Finance EXHIBIT A Bid Tabulation P.R. #12967 Exhibits EXHIBIT B ONE YEAR CONTRACT MOWING OF VARIOUS CITY PROPERTIES PARKS, RIGHT-OF -WAYS IN THE CITY OF PORT ARTHUR FY 2005 CONTRACT FOR THE MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY OF PORT ARTHUR THIS AGREEMENT, made on this day of February, 2005, 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 Total Lawn Care a(n). (Individual. firn~parl:aershiporcorporafion) herein acting by and through Total Lawn Care hereinafter call "CONTRACTOR," WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set for therein, OWNER and CONTRACTOR agree as follows: 1. The term of this contract shall be from February 17, 2005 to February 17, 2006, unless sooner terminated under the provision hereof The contractor will perform mowing, trimming, weeding, spraying, and removal of all litter and debris on City-owned properties as stated in the Contract Documents. During the term of this Contract, the Contractor will furnish at his own expeme all of the materials, supplies, tools, equipment, labor and other services necessary for the satisfactory completion of specifications and agreements contained herein for grass cutting and cleanup at the property(ies) described as: THE PARKS AND RECREATION DEPARTMENT. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents complying with the terms therein for the sum of $ or as shown in the Bid Schedule. 5. The tem~ "Comract Documents" means and includes the following: A. Agreement B. Advertisement for Bids C. Addenda D. General Information E. Specification F. Bid G. Notice of Award This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2) copies each of which shall be deemed an original on the date first above written. Signed on the day of 2005 ATTEST CITY OF PORT ARTHUR BY Evangeline Green CITY SECRETARY Stephen Fitzgibbons CITY MANAGER Signed on the day of 2005 ATTEST SECRETARY CONTRACTOR BY PRESIDENT GENERAL CONDITIONS 1. Contract and Contract Documents 'II~e specifications and Addenda, hereinafter enumerated in the Agreement shall form part of this Contract and the provisions thereof shall be as binding npon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contrast Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Definitions The following terms as used in this contract, are respectively defined as follows: a. "Contractor": A person, finn or corporation with whom the contract is made by the Owner or City. bo "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the Street of the project for. and under separate Contract or agreement with, the Contractor. "Work on (at) the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the locations of the project by employees of the Contractor and any Subcontractor. d. "Owner": Refers to the City of Port Arthur, Texas. e. "City": Refers to the City of Port Arthur, Texas. Termination of Contract 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 covenams, agreements or stlpuiations of this Contract. the City shall thereupon have the fight to terminate this Contract by giving written notice to the Contractor of such term/nation and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Notwithstanding the above, the Contractor shall 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. Personnel The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. All of the work required hereunder will be performed by the Contractor or under his superwsion and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. None of the work covered by this Contract shall be sub-contracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. Compliance with Laws The Contractor s hall comply with a 11 applicable Iaws. o rdinances, 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 locality and no other public official of such locality, 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. Interest of Other Local Public Officials No member of the govemmg body of the locality and no other public official of such locality, 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, thc Contract shall take appropriate steps to assure compliance. 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 was included herein. If. through mistake or other~vise, any such provision is not inserted or is not correctly inserted, the Contractor shall be amended to make such insertion on application by either party. 10. 11. 12. Certificates and Permits Contractor shall secure at his own expense all necessary certificates, licenses, approvals and permits fi.om municipal or other public authorities required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. Contractor shall pay all fees and charges incident to the due and lawful prosecution of the work performed by him. Materials, Services and Facilities It is understood that except as otherwise specifically stated in the Contracl Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, and all other services of every nature whatsoever necessary to the performance of this Contract. Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and 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 provrsions of this Contract and said specifications. The Contractor shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and specifications, and shall do, carry on and complete the entire work to the satisfaction of the Owner. Insurance The Contractor shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the Owner. nor shall the Contractor allow any Subcontractor to commence work on his Subcontract until the insurance required o fthe Subcontractor has been so obtained and approved. (See information to Bidders, paragraph 5). 13. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. 14. 'Notic~ Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said nohce is posted, by certified or registered mail. to the said Contractor at his last g~ven address, or delivered in person to the Said Contractor or his authorized representative on the work. 15. Subcontractor The Contractor may utilize the services of specialty Subcontractors on those parts of work which, under normal contracting practices, are performed by specialty Subcontractors. The Contractor shall not award any work to any Subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award t o the Subcontractor which staternent s hall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts or omisstons of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors m the Contractor by terms of the General Conditions and other Contractor Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any Subcontractor that the Owner may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the O~mer. 16. Assignments The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior claims of all persons, finns and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. i7. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and safe harmless the Owner against any such claim. 18. Acceptance of Final Payment Constitutes Release 19. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all hability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other's relating to or arising out of this work. Right to Withhold Payments to Contractor Owner's Right to Withhold Certain Amounts and Make Application' Thereofi The Contractor agrees he will indemnify and safe the Owner harmless'from all claims gl'owing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary,/nc urred in furtherance o f the performance Of this Contract. The Contractor, shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner, may, after having served written notice on the said Contractor, either pay unpaid bills of which the Owner has written notice, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to enter the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as payment made under Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made ingood faith. T his provision shall not be construed to give rise to any third-party beneficiary rights in claimants. 20. Ineligible Subcontractors The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the Owner's prior written approval of the Subcontractor. 21. 22. Civil Rights Act of 1964 Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, national origin, sex, age or handicap, be excluded from participation in. be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The Contractor will carry out its work under this Contract in a Manner ~vhich will permit full compliance by the City with the Statute and the regulations adopted thereafter. _Indenmifi_ cation The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and its respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits, judgements, and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgments, cost of expense: a. Is attributable to bodily injury, sickness, disease, or death or injury m or destruction of tangible property (other than tbe work itself) including the loss of use resulting therefrom; and b. Is caused in whole or in part by any negligent act or mission of the Contractor. or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indenmified hereunder. 23. Antitrust Contract hereby assigns re Owner any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States. 15 U.S.C.A. Sec. 1. et seg. CITY OF PORT ARTHUR, TEXAS TECHNICAL SPECIFICATIONS FOR GRASS MOWING OF VARIOUS CITY PROPERTIES, PARKSAND RIGHT-OF -WAYS 1N THE CITY SCOPE 1.1 These specifications concern the mowing of grass, weeds and uncultured plants on various City properties, parks, and fight-of-ways in the City, for mowing of property groups a s no ted in b id specifications. T he contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, fuel, and served, to perform and complete all work in an efficient and workdnan-like manner as specified in the following. WORK ASSIGNMENT 1.1 The Contractor will be given a schedule as to what week each area will be cut. Failure to contact City's representative as laid out in these specifications may result in the termination of this contract. Assignment shall begin within 48 hours as to the agreed upon date and completed within 24 hours of start. Time extension may be granted due to inclement weather or other act of nature only when contractor request for such extension is submitted to the City's representative. The Schedule will have a start time and a cut-off time. all invoices will be due the last week of mowing. MOWING SPECIFICATIONS 3.1 Each area shall be clean cut to a height of 2 inches using either a flail or a reel mower of sufficient size. and as approved by City's representative, with due consideration given to proven past performance of the equipment on similar work to complete the task. 3.2 Are will be cleared of litter, debris prior to any mowing and all cuttings and clippings disposed of in a proper manner at the time maintenance is perfbrmed. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 Limits of mowing are defined as the property lines of park right-of-way 8-10 feet off pavement. Comers at intersections will be moved a 45 degree to intersection for clear field of vision. 3.5 3.6 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. These areas are noted on bid schedule "B". Along some Right-of-Ways it should be noted that they are maintained by citizens in some areas. MONOFILAMENT TRIMMING 4.1 Contractor shall neatly trim along sidewalks, curbs, and abutting fences. Trim around poles, signs, park apparatus, tables and structures, etc. to a radius of three (3) feet. 4.2 Contractor shall collect and dispose of dippings. No dippings will be allowed in the street. 4.3 Frequency of trimming, shall be determined by City's representative but normal frequency is approximately every two (2) weeks for these areas during growing season. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other flowering/bushes, shall be maintained as requested by City's representative. (Approximately 2 times a year). 5.2 Contractor will be responsible for collecting and disposal of cuttings. PAYMENT 6.1 The contractor will submit two (2) copies of an invoice in the mount as stipulated on Bid Schedule to the Parks and Recreation Department upon completion of work. Payment for completed work will be made only after verification by a City Representative that work was performed satisfactorily and within the time constraints allowed. 7. PROJECT AREAS PM = Park Maintenance See Following Pages 7.1 TOTAL LAWN CARE PM - GROUP "X" - West Jimmy Johnson Boulevard A. Park Central Boulevard from Highway 69 to Western Terminus B. Highway 365 to Southern Terminus day of 2005. Signed onthe ATTEST CITY OF PORT ARTHUR Evangeline Green City Secretary By: Stephen Fitzgibbons City Manager Signed on the day of 2005. CONTRACTOR: BY: NAME: ADD RE S S: (CORPORATE SEAL) ATTEST: NAME: EXHIBIT "C" (City of Port Arthur) (L~tw Department) (ReqdlIed Form} · (7/8/88) (lO/5~89) (8/15/90) (g-8-94) · p.2 Revised 9/18/90) CERTIFICATE OF STANDARD FORM CONTRACT FOR L/4,W DEPARTMENT REVIEW AND CITY COUNCIL AGENDA · ' inalter caled "sa d cont act") affixed to Ihe attached proposed CIb/Council Resol.uUon l certify that the contract (here _ , , u , ..... ~, f he le of which m shown below) No. ' ' ed ~s a standa d form by Cty Council Resolution except for the - w de artment and ~oop . previously approved by the .LA . p., '-, .... '~n ~nd ex'cent for the changes described below. [ I Federally Fdnded Construction Contract, Revised 1/5/88, 7/99, 8/89; 4/28/94 ( ] Non-FedereJly Funded Construction Contre. ct, Revised f/5/88, 7/89, 8/89; 4/28/94 ( ] FedefBI - Professional Servlce~ - Engineering Contract, Revised 1/5/88, 5/89 (§10) 7/89/(.§8); 10/89; 2/91 ( ] Non-Feder&l - Professional Services - Engineering Contract, Revised 1/5/88, 5/59(§I0), 7/89(~8), 10/89;'2/g~(§8) 9 5/89 (§10}, 7189(~8), 10/89; 2/91 (.] CDBG - professionBl Services - Engineering Contract, Revised t/5/8 , [ ] Federal - Prolession~[ Services - Non-Engine~ ~g (Consultant Contre. ct, Revised t/5/88, 5189 (§10}, 7/89 (§8); 10189; 2191 [ I Non-Federal - Proiessione. t Services - ~on-Engineerlng (Consultant) Contmc, Revised 1/5/88, 5/80 (§~0), 7/89 (~8); 10/89; ~/9~ (§8) [ ] 'CDBG - Professional services - Non-Engineering (Consultant) Contre, ct, Revised 1/5/88, 5/89 (§10), 7/Be (~8); 10/89; 2/9t ~ Other Stand~rd Form Contrac, described as follows; The changes are as follows: (Put an "X" In the spproprla!e [ ]) ~1~ None. [ ] The following described pro~slons at the indicated p~ge, section etc. of the standard torm h~ve been deleted from said contract: DELETIONS Page Number Section or paragre, ph No. Subsection or Where ~nd Csption SubparagrE~pb No. .; . Deleted Provision Which and Caption Is Contains Provision Which Contains Provision Description ol F__otind On ~ta~nd~zrd Form Deleted From Form Deleted From Form ~ provision Deleted $