Loading...
HomeMy WebLinkAboutPR 12966:MOWING CONTRACTSCITY OF PORT ARTHUR Parks and Recreation MEMORANDUM To: From: Date: Re: Stephen B: Fitzgibbons, City Manager Dr. Albert T. Thigpen, Interim Director Parks & Recreation December 22, 2004 P. R. #12966-Renewal of Mowing Contracts-2005 COMMENTS RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 12966 authorizing the City Manager to renew mowing contracts for various City parks and right-of-ways as follows: M.D. ARENA CONTRACTORS, SOUR LAKE, TX, GROUP IV SANDRA J. GUILBEAU ENTERPRISES, PORT ARTHUR, TX, GROUP VII PREVOST & SONS LAWN MANAGEMENT, PORT ARTHUR, TX, GROUPS IL III W/OPTIONS, V; AND LV W/OPTIONS, HEBERT LAWN, PORT ARTHUR, TX, GROUP I AND VIII JOEY'S TRACTOR SERVICE, PORT ARTHUR, TX, GROUP VI This is the second renewable year of a three-year contract. A copy of the renewal clause which was included in the original bid proposal (Dated 12/08/2003) is attached as Attachment "A". The estimated cost of these contracts is $86,184. 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 City Council and the City Manager have made the appropriate maintenance of City Parks and right-of-ways a priority. In keeping with this mandate the Parks & Recreation Department has strengthened contract specification enforcement for mowing vendors. - Attached are the mowing areas for each contractor (Attachment "B"). BUDETARY/FISCAL EFFECT: Funds were approved 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. 12966 authorizing the City Manager to renew contracts with M.D. ARENA CONTRACTORS, SOUR LAKE, TX, GROUP IV; SANDRA J. GUILBEAU ENTERPRISES, PORT ARTHUR, TX, GROUP VII; PREVOST & SONS LAWN MANAGEMENT, PORT ARTHUR, TX, GROUPS II, IH W/OPTIONS, V; AND LY W/OPTIONS, .HEBERT LAWN, PORT ARTHUR, TX, GROUP I AND VIII; AND JOEY'S TRACTOR SERVICE, PORT ARTHUR, TX, GROUP VI for the mowing of various City parks and right-of-ways in the City of Port Arthur. This is the second renewable year of a three-year contract. The estimated cost of these contracts is $86,184. Attachment "A" CITY OF PORT ARTHUR, TEXAS ADDENDUM NO. ONE (1) DATE: DECEMBER 8, 2003 BID PROPOSAL FOR: MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS ON GROUPS I,II,III,IV,V,VI,VII, AND IX IN THE CITY OF PORT ARTHUR The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the Contract Documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the Contract Documents. Provisions of this addendum shall take precedence over requirements of the original Contract Documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. 1. THE CASHIER CHECK OR BID BOND WILL BE 5% OF THE TOTAL BID FOR THE HIGHEST GROUP BIDDED. 2. THE ATTACHED SPECIFICTIONS SHOULD BE INCLUDED IN YOUR BID PACKAGE 3. THE CONTRACT WILL BE ONE YEAR WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE YEAR PERIODS. 4. DELETE JUNE 29, 2003 ON THE MOWING SCHEDULE ON PAGE 16. Clifton Williams Sen~or Purchasing Assistant Attachment "B" 7.1 7.2 7,2a PREVOST ~: SONS' LAWN MANAGEMENT PM - Group "Il" South Griffing Park B. C. D. E. F. G. Herman Park Rosedale at Date Street Glenwood at Date Street Evergreen at Forest Drive Evergreen at Glenwood Street 9th Avenue at Evergreen Street Las Palmas Boulevard Esplanade from Griffing Drive to south end of Boulevard Oaklawn ROW to Dryden Road PM - Group "III" 9th Avenue Stonegate A. Blackberry Lane to Lake Arthur Drive, esplanade and both sides. B. West ROW of 9th Avenue from Regional Drive to Lake Arthur Drive C. 9th Avenue Esplanades from Regnonal Drive to Lake Arthur Drive. D. North R.O.W. of Jimmy Johnson from Highway 69 to Highway 347. E. South ROW of Jimmy Johnson - Highway 69 to Highway 347 F. 9th Avenue from Stilwell Technical Center to Highway 73 and Underpass R.O.W. (N&S) and two center esplanades. G. Turtle Creek Drive from Highway 69 to Honeywood (esplanade and sides). H. Jimmy Johnson Esplanade from Highway 69 to Highway 347 (esplanade and sides). I. Babe Zahafias Park (Basketball and Tennis courts) ~ 3500 Jimmy Johnson Boulevard Icut to ditch lines, incl. sides}. J. Regional Drive--9t~ Avenue to Central Mall Drive (R.O.W.s and esplanade) Central Mall Drive from Highway 69 to 365 (North & South Mall R.O.W.s and esplanades). (Group III Option) K. Oak Mount Drive 7600---8300 blocks (both sides) L. Anchor Drive 7600~-8300 blocks (both sides) PREVOST & SONS' LAWN MANAGEMENT, continued 7.3 PM - Group V A Bryan Park-1000 Gulfway Drive, including inside train area B. Roosevelt Park-1900 Cmlfway Drive, including along ditch area C. Hughen Park-2700 Lakeshore Drive D. Civic Park-2200 Lakeshore Drive E. Flats on Lakeshore Drive M. Comer lot ~ 9t~ Avenue and High'wa~ 73 (across fi-om Poochie's) 7.4 PM - Group IX A. Fairtea Park-Tyrrell and Beech Streets B. London Bridge Park-3100 Touraine Avenue C. Nonhside underpass @ Highways 73 and 347 7.4a (Group IX Option) D Cecil Reynolds Park-3900 36* Street and 4008 39th Street M. DI ARENA CONTRACTORS 7.1 PM - Group "IV" South Gulfway - Buford to;soiath ISm Avenue A. South Gulfway - Buford to South 15* Avenue B. Pearl - South 15' Avenue to South 6* Avenue C. Buford - South 15' Avenue to South Gutfway D. Tremont - South 15' Avenue to East Dead End E. Broadway - South Gulfway to South First Avenue F. South I st Avenue - Tremont to Sabine Pass Port Authority G. Greenwich - South 14 Avenue to South 2~ Avenue H. Granger - South 9* Avenue to South 11a' Avenue and South l't Avenue to 3~ Avenue South 1 ~ Avenue - Dowling to Texas Bayou Bridge (both sides) J. South 3'd Avenue - Broadway to Granger K. South 2'~ Avenue - Greenwich to Granger L. South 5' Avenue - Tremont to Broadway M. South 6* Avenue - Pearl to Greenwich to South ! ~ Avenue N. South 7t~ Avenue - Pearl to Greenwich O. South 9* Avenue - Buford to South Gulfway P. South 11' Avenue - Buford to Mechanic Q. South 8TM Avenue - Dowling to Quinn R. Quinn - South I'~ Avenue to South 8' Avenue S. South 12t~ Avenue - South Gulfway to Greenwich T. South 13' Avenue - South Gulfway to Greenwich U South 14* Avenue - South Gulfway North Street Dead End V. South 15* Avenue - South Gulfway to Buford W. 2~ Avenue from South Street Dead End to Quinn; 3~ Avenue from Welch to South Street Dead End; 4* Avenue from Quinn to North Street Dead End; 5* Avenue from Welch to Quinn; 6* Avenue from Quinn to South Dead End and 8* Avenue. X. Back Ridge Road fi.om Highway 87 to County Maintenance Sign. Y. Welch fi.om South 8* Avenue to South 2~a Avenue._. South 7* Avenue - Quinn to North Mechanic Dead End and South 1~ Avenue to South 11' Avenue. 7.1 SANDRA'S ENTERPRISES PM - Group "V1F' - Thomas Boulevard A~ B. C. D. Thomas Blvd. fi.om MLK to 9a A(,enue, including both sides to Lincoln Avenue Barbara Jacket Park, including flats around park Triangle ~ Lewis Drive and 9t~ Avenue Triangles on Bluebonnet Avenue (includes blocks 1600, 1800, 2300, 2400, and two (2) triangles ~ the 2800 block). 7.1 JOEY'S TRACTOR SERVICE PM - Group "VI" - Port Acres/El Vista Area A. Eagle Park - B. El Vista Park C. Lakeside Park D. Montrose Park E. Ray Park ~ Shirley and Ray 7.1 7.2 HEBERT LAWN PM - Group "I' North Grilling Park B. C. D. E. Hollywood at 32''~ Street Sunken Court Boulevard Esplanade - Twin City to Lombardy Evergreen Boulevard Esplanade, Grilling Drive to Tyrrell Twin City Highway at 32'~ Street~'<~ Lombardy ILO.W. fi-om 32~a St/-e~t to 9t~ Avenue (West ROW only) PM - Group "VIH' - Stilwell Boulevard, Woodworth Boulevard, DeQueen Boulevard, Dryden Road, Kramer/Schuh Place B. C. D. E. F. G. Stillwell - Lakeshore Drive to 19a~ Street Woodworth Boulevard - Lakeshore Drive to Cmlfway Drive DeQueen Boulevard - Lakeshore Drive to 19th Street Lakeshore Drive- 4100 block to Stadium Dryden Road- Procter Street to the Seawall Kramer/Schuh - Procter Street to the Seawall Dixie Triangl~corner afDixie Drive and Lakeshore Drive P. R. #12966 02/04/04-cg RESOLUTION NO. A RESOLUTION AUTHORIZING THE ROLLOVER OF MOWING CONTRACTS BETWEEN THE CITY OF PORT ARTHUR AND M.D. ARENA CONTRACTORS, P.O. BOX 199, SOUR LAKE, TX 77659, GROUP IV; SANDRA J. GUILBEAU ENTERPRISES, 2951 W. HIGHWAY 365, PORT ARTHUR, TX 77640, GROUP VII; PREVOST & SONS LAWN MANAGEMENT, P.O. BOX 251, PORT ARTHUR, TX 77641, GROUPS I1, III W/OPTIONS, V; AND LY W/OPTIONS, HEBERT LAWN, 248 DODGE PLACE, PORT ARTHUR, TX 77642, GROUP I AND VIII; AND JOEY'S TRACTOR SERVICE, 5991 JADE, P.O. BOX 45, PORT ARTHUR, TX 77640, GROUP VI AND-NOT TO EXCEED $86,184. SAID ANNUAL CONTRACTS ARE FOR MOWING VARIOUS CITY PROPERTIES, PARKS AND RIGHT- OF-WAYS 1N THE CITY; ESTIMATED ANNUAL COST $86,184. PROPOSED FUNDING: PARKS DIVISION FY 2004/2005 BUDGET ACCOUNT NO. 001-1207-531.31-00. WHEREAS, pursuant to Resolutions Nos. 04-043 and 04-258, the City Council awarded bids to: M.D. Arena Contractors, P.O. Box 199, Sour Lake, TX 77659, Group IV; Sandra J. Guilbeau Enterprises, 2951 W. Hwy 365. Port Arthur, TX 77640, Group VII; Prevost & Sons Lawn Management, P.O. Box 251, Port Arthur, TX 77641, Groups ILIII W/OPTIONS, V and;/X W/OPTIONS Hebert Lawn, 248 Dodge Place, Port Arthur, TX 77642, Groups I and VIII: and Joev's Tractor Service, 5991 Jade, P.O. Box 45, Port Al~thur, TX 77640, Group V/not to exceed $86,184. and, WHEREAS, on February 17, 2004, the City Council approved a one-year contract with the above-listed contractors; and, WHEREAS, the cutting performance by said contractors was satisfactory~for the first year of the contract; and, WHEREAS, this is the second renewable year of a three-year contract set to beg/n on February 17, 2005, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: P. R. #12966 Page 2 THAT the City Council of the City of Port Arthur hereby rolls over the existing mowing contracts, for various mowing groups as follows: M.D. Arena Contractors, P.O. Box 199, Sour Lake, TX 77659. Group IV; Sandra J. Guilbeau Enterprises, 2951 W. Hwy. 365, Port Arthur, TX 77640. Group VII; Prevost & Sons Lawn Management, P.O. Box 251, Port Arthur, TX 77641, Groups II. III W/OPTIONS, V and;/X W/OPTIONS Hebert Lawn, 248 Dodge Place, Port Arthur. TX 77642, Groups Iand VIII: and Joey's Tractor Service, 5991 Jade. P.O. Box 45, Port Arthur. TX 77640, Group VI not to exceed $86,184.; and, THAT the mowing frequency shall be 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; and three (3) cuts in May for a total of eighteen (18) cuts. Copies of said contracts being incorporated by reference as Exhibits "A", "B", "C", "D ", and "E", with a complete copy of each being available for review in the office of the City Secretary; and, THAT said Contracts are exact duplicates of a City standard form 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 "F", and said changes are hereby approved; and, THAT funding is or will be made available in the Parks & Recreation Division FY 2005/2006 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. P.R.#12966 Page 3 READ, ADOPTED AND APPROVED THIS _day of A.D., 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes: Noes: Oscar Ortiz Mayor ATTEST: Evangeline Green City Secretary APPROVED AS TO FORM: hark ~okolow~ ( t~" ~ 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 M. D. ARENA CONTRACTORS 7.1 PM - Group B. C. D. E. E G. H. J. K. L. M. N. O. P. Q. R. S. T. U V. W. "IV" South Gulfway - Buford to South 15ih Avenue South Gulfway- Buford to South 15t~ Avenue Pearl - South 15th Avenue to South 6th Avenue Buford - South 15th Avenue to South Gulfway Tremont - South 15~n Avenue to East Dead End Broadway - South Gulfway to South First Avenue South 1st Avenue- Tremont to Sabine Pass Port Authority Greenwich - South 14 Avenue to South 2"a Avenue Granger - South 9th Avenue to South 11th Avenue and South 1st Avenue to 3rd Avenue South lst Avenue - Dowling to Texas Bayou Bridge (both sides) South 3ra Avenue - Broadway to Granger South 2"d Avenue - Greenwich to Granger South 5th Avenue - Tremont to Broadway South 6th Avenue - Pearl to Greenwich to South 1st Avenue South 7th Avenue - Pearl to Greenwich South 9t~ Avenue - Buford to South Gulfway South 11th Avenue - Buford to Mechanic South 8th Avenue - Dowling to Quinn Quinn - South 1st Avenue to South 8th Avenue South 12t~ Avenue - South Gulfway to Greenwich South 13t~ Avenue - South Gulfway to Greenwich South 14t~ Avenue - South Gulfway North Street Dead End South 15th Avenue - South Gulfway to Buford 2~a Avenue from South Street Dead End to Quinn; 3rd Avenue from Welch to South Streel Dead End: 4th Avenue from Quinn to North Street Dead End; 5~h Avenue from Welch to Quinn: 6th Avenue from Quirm to South Dead End and 8t~ Avenue. Back Ridge Road from Highway 87 to County Maintenance Sign. Welch from South 8th Avenue to South 2"a Avenue. South 7th Avenue - Quinn to North Mechanic Dead ~nd and South Ist Avenue to South 11th Avenue. 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 M. D. Arena Contractors a(n). (Individual,firm,partnershipomo~poration) herein acting by and through M. D. Arena Contractors 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 Comractor will furnish at his own expense 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 term "Contract 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 CONTRACTOR BY PRESIDENT ATTEST SECRETARY GENERAL CONDITIONS 1. Contract and Contract Documents The specifications and Addenda, hereinafter enumerated in the Agreement shall form part of this Contract and the provisions thereof shall be as binding upon 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, firm or corporation with whom the contract is made by the Owner or City. "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 Iff 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 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. o Personnel The Contractor represents that he has. or will secure m 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 supervision 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 1 aws, ordinances, rules, orders, regulations and codes of the federal, state and local govemments 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, direcl 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, the 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 enforce&as though each was included herein. Iff through mistake or otherwise, any such prowsion is nor inserted or is not correctly inserted, the Contractor shall be anaended to make such insertion on application by either party. 10. 11. 12. 13. Certificates and Penuits Contractor shall secure at his own expense all necessary cextificates, licenses. approvals and permits from municipal or other public authorities required in connection with the work of this Contract or any part thereof, and shall g~ve 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 Contract Docmnents. 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 provisions 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 hereto and such insurance has been approved by the Owner. nor shall the Contractor allow any Subcontractor to commence work on his Subcontract until the ins urance required o f the Subcontractor has been so obtained and approved. (See information to Bidders, paragraph 5). Su_.~pens~on of Work Should the Owner be prevented or enjoined from proceeding wi~ 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. 15. 16. Notice 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 notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to the Said Contractor or his authorized representative on the work. Subcontractor The Contractor may utilize the servmes 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 t he S ubcentractor which statement s hall contain such information as the Owner may require. Co The Contractor shall be as fully responsible to the Owner for the acts or omissions 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 h~m. The Contractor shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to 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 Owner. 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 m and to any monies due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 17. Mutual Responsibility of Contractom 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 liability 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 growing out of the lawful demands of Subcontractors. laborers, workmen, mechanics, material men and fumishers of machinery and parts thereof, equipment, power tools and all supplies. including commissary, incurred 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 he resumed, in accordance with the terms of this Contract, but in no event shall the provismns 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 m claimants. 20. Ineligible Subcontractors The Contractor shall not subconu'act any part of the work covered by this Contract or pernait subcontracted work to be further subcontracted without the Owner's prior written approval of the Subcontractor. 5. The term "Contract 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. [Iq WITNESS WHEREOF. the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in q2) copies each of which shall be deemed an or/ginal 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 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 Professional Maid Service a(n) (lndividual,finn,portnershipomo~ovation) herein acting by and through Sandra Guilbeau 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 ftmqish at his own expense 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 m 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. ATTEST SECRETARY CONTRACTOR BY PRESIDENT GENERAL CONDITIONS 1. Contract and Contract Documents The specifications and Addenda, hereinafter enumerated in the Agreement shall form part of this Contract and the provisions thereof shall be as binding upon 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, firm or corporation with whom the contract is made by the Owner or City. "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 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 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 fo-f 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. Ali of the work required hereunder will be performed by the Contractor or under his supervision 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 1 aws, ordinances, rules, orders, regulations and codes of the federal, state and local govemments 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, xvho 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 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 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 enforcexLas though each was included herein. If, through mistake or otherwise, 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. 13. Certificates and Permits Contractor shall secure at his own expense all necessary certificates, licenses, approvals and permits from 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 Contract 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 provisions 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 ins urance required o f the Subcontractor has been so obtained and approved. (See information to Bidders, paragraph 5). Sus~sion 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. 15. 16. Notice Any notice to any Contractor from thc Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to the Said Contractor or his authorized representative on the work. 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. bo 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 t he Subcontractor which statement s hall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts or omissions 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 to 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 Owner. 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, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 17. Mutual Responsibility of Contractom 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 liability 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 Thereof: The Contractor agrees he will indemnify and safe the Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men and fumishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in furtherance o f the performance of this Contract. The Contractor, shall, at the Owner's request, fumish 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 in good 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. Civil Ri_jghts 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 which will permit full compliance by the City with the Statute and the regulations adopted thereafter. 22. Indemnification 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: Is attributable to bodily injury, sickness, disease, or death or injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and 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 indemnified hereunder. 23. Antitrust Contract hereby assigns to Owner any and all claims for overcharges associated with this Contract which arise under the anmrust 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 IN THE CITY SCOPE 1.1 These specifications concern the mowing of grass, weeds and uncultured plants on various City properties, parks, and right-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 workman-like manner as specified in the following. WORK ASSIGNMENT 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 performed. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 Limits of mowing are defined as the property lines of park right-of-way 8-10 feet off pavement. Coruers at intersections will be moved a 45 degree to intersection for dear field of vision. ~ 3.5 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". 3.6 Along some Right-of-Ways it should be noted that they are maintained by citizens in some areas. MONOFILAMENT TRIMMING 4.1 4.2 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. Contractor shall collect and dispose of clippings. No clippings will be allowed in the street. 4.3 Frequency of trimming, shall be determined by City's representative but normal fi-equency is approximately every two (2) weeks for these areas during growing season. HEDGE/TREE TRIMMING 5.1 Hedges, stands of cane, oleander and other fowefing/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 amoum as stipulated on Bid Schedule to the Parks and Recreation Department upon completion o£work. Paymem for completed work will be made only after verification by a City Representative that work was performed satisfactorily and within the time constraints allowed. PROJECT AREAS PM = Park Maintenance See Following Pages 7.1 PREVOST & SONS' LAWN MANAGEMENT PM - Group "II" South Griff'mg Park B. C. D. E. F. G. Herman Park Rosedale at Date Street Glenwood at Date Street Evergreen at Forest Drive Evergreen at Glenwood Street 9th Avenue at Evergreen SWeet Las Palmas Boulevard Esplanade from Gfiffing Drive to south end of Boulevard Oaklawn ROW to Dryden Road 7.2 PM - Group "III" 9th Avenue Stonegate 7.2a C. D. E. F. G. H. I. J. Blackberry Lane to Lake Arthur Drive, esplanade and both sides. West ROW of 9th Avenue from Regional Drive to Lake Arthur Drive 9th Avenue Esplanades fi.om Regional Drive to Lake Arthur Drive, North R.O.W. of Jimmy Johnson from Highway 69 to Highway 347. South ROW of Jimmy Johnson - Highway 69 to Highway 347 9th Avenue from Stilwell Technical Center to Highway 73 and Underpass R.O.W. IN&S/and two center esplanades. Turtle Creek Drive from Highway 69 to Honeywood (esplanade and sides). Jimmy Johnson Esplanade from Highway 69 to Highway 347 (esplanade and sides/. Babe Zaharias Park (Basketball and Tennis courts) ~ 3500 Jimmy Johnson Boulevard icut to ditch lines, incl. sides~. Regional Drive~9t~ Avenue to Central Mall Drive (R.O.W.s and esplanade) Central Mall Drive from Highway 69 to 365 iNorth & South Mall R.O.W.s and esplanades). (Group II1 Option) K. Oak Mount Drive 7600~-8300 blocks (both stdes) L Anchor Drive 7600--8300 blocks (both sides) PREVOST & SONS' LAWN MANAGEMENT, continued 7.3 PM - Group V A. Bryan Park-1000 Gulfway Drive, including inside train area B. Roosevelt Park-1900 Gulfway Drive. including along ditch area C. Hughen Park-2700 Lakeshore Drive D. Civic Park-2200 Lakeshore Drive E. Flats on Lakeshore Drive M. Comer lot ~ 9th Avenue and Highway 73 (across from Poochie's) 7.4 PM - Group IX A. Faiflea Park-Tyrrell and Beech Streets B. London Bridge Park-310O Touraine Avenue C. Northside underpass ~ Highways 73 and 347 7.4a (Group IX Option) D. Cecil Reynolds park-3900 36th Street and 4008 39th Street M. D. ARENA CONTRACTORS 7.1 PM - Group "IV" South Gulfway - Buford to South 15th Avenue B. C. D. E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U V. W. South Gulfway- Buford to South 15t~ Avenue Pearl - South 15th Avenue to South 6th Avenue Buford - South 15th Avenue to South Gulfway Tremont - South 15th Avenue to East Dead End Broadway - South Gulfway to South First Avenue South 1st Avenue - Tremont to Sabine Pass Port Authority Greenwich - South 14 Avenue to South 2na Avenue Granger - South 9th Avenue to South 11th Avenue and South 1st Avenue to 3rd Avenue South 1st Avenue - Dowling to Texas Bayou Bridge (both sides) South 3rd Avenue - Broadway to Granger South 2nd Avenue - Greenwich to Granger South 5th Avenue - Tremont to Broadway South 6m Avenue - Pearl to Greenwich to South 1st Avenue South 7m Avenue - Pearl to Greenwich South 9th Avenue - Buford to South Gulfway South 11th Avenue - Buford to Mechanic South 8th Avenue - Dowling to Quirm Quinn - South 1st Avenue to South 8m Avenue South 12th Avenue - South Gulfway to Greenwich South 13th Avenue - South Gulfway to Greenwich South 14th Avenue - South Gulfway North Street Dead End South 15th Avenue- South Gulfway to Buford 2nd Avenue from South Street Dead End to Quinn: 3rd Avenue from Welch to South Street Dead End: 4th Avenue from Quinn to North Street Dead End; 5th Avenue from Welch to Quinn; 6th Avenue from Quinn to South Dead End and 8th Avenue. Back Ridge Road from Highway 87 to County Maintenance Sign. Welch from South 8th Avenue to South 2nd Avenue. South 7m Avenue - Quinn to North Mechanic Dead E~nd and South 1 ,t Avenue to South 11th Avenue. 7.1 SANDRA'S ENTERPRISES PM - Group "VII" - Thomas Boulevard Thomas Blvd. from MLK to 9th Avenue. including both sides to Lincoln Avenue Barbara Jacket Park, including flats around park. Triangle ~ Lewis Drive and 9th Avenue Triangles on Bluebonnet Avenue [includes blocks 1600, 1800. 2300. 2400. and two (2) triangles @ the 2800 block). 5. The term "Contract 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) cop~es each of which shall be deemed an original on the date first above written. Signed on the day of 2OO5 ATTEST CITY OF PORT ARTHUR BY Evangeline Green CITY SECRETARY Stephen Fitzgibbons CITY MANAGER Signed onthe day of 2005 CONTRACTOR BY PRESIDENT ATTEST SECRETARY GENERAL CONDITIONS Contract and Contract Documents The specifications and Addenda, hereinafter enumerated in the Agreement shall form part of this Contract and the provisions thereof shall be as binding upon 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: "Contractor": A person, firm or corporation with whom the contract is made by the Owner or City. b. "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. c. "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 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 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 fd-~ the purpose of set-off until such time as the exact mount of damages due the City from the contractor is determined. Personnel b4 CO The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such pemonnel 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 supervision 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 he subject to each provision of this Contract. Compliance with Laws The Contractor s hall eomply with a 11 applicable Iaws, 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 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 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 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.ms though each was included herein. If, through mistake or otherwise, 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. _Certificates and Permits Contractor shall secure at his own expense all necessary certificates, licenses, approvals and permits from 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 Contract 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. 11. Contractor's Obligations 12. 13. 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 provisions 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 of the Subcontractor has been so obtained and approved. (See information to Bidders, paragraph 5). Suspension of Work Should the Owner be prevented or enjoined from proceeding wi~ 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. 15. 16. Notice Any notice to any Contractor from the Owner relative m any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice ~s posted, by certified or registered mail, to the said Comractor at his last given address, or delivered in person to the Said Contractor or his authorized representative on the work. 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 concermng the proposed award t o t he Subcontractor which statement s hall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts or omissions 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 to 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 prowsion of the Contract Documents. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. Assi~mqents The Contractor shall not assign the whole or any part of this Gontract 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 momes 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, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 17. 18. 19. 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 te 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. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability 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. Ri~_ht to Withhold Payments to Contractor Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Contractor agrees he will indemnify and safe the Owner harmless from all claims growing out of the lawful demands of Subcontractors. laborers, workmen, mechanics, material men and fumishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in furtherance o f the performance of this Contract.The Contractor, shall, at the Owner's request, fumish 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 in good faith. T his provision shall not be construed to give rise to any third-party beneficiary rights in claimants. ~ 20. ~ble 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 which will permit full compliance by the City with the Statute and the regulations adopted thereafter. Indemnification 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 er resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgments, cost of expense: Is attributable to bodily injury, sickness, disease, or death or injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and 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 indemnified hereunder. 23. .Antitrust Contract hereby assigns to 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 MOW1NG 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 right-of-ways in the City, for mowing of property groups a s no ted in b id specifications. T he contractor shall fumish all supervision, labor, materials, machinery, tools, equipment, fuel, and served, m perform and complete all work in an efficient and workman-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 performed. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 Limits of mowing are defined as the property lines of park right-of-way 8-10 feet off pavement. Coroers at intersections will be moved a 45 degree to intersection for clear field of vision. 3.5 Ditches shall be cut with slope mower to avoid rutting or by other means approved by City's representative. These areas are noted on bid schedule "B". 3.6 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 clippings. No clippings 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. PROJECT AREAS PM = Park Maintenance See Following Pages 7.1 PREVOST & SONS' LAWN MANAGEMENT PM - Group "II" South Griff'mg Park B. C. D E. F. G. H4 Herman Park Rosedale at Date Street Glenwood at Date Street Evergreen at Forest Drive Evergreen at Glenwood Strea 9th Avenue at Evergreen Street Las Palmas Boulevard Esplanade from Griffing Drive to south end of Boulevard Oaklawn ROW to Dryden Road 7.2 PM - Group "III" 9th Avenue Stonegate 7.2a C. D. F. G. H. I. J. Blackberry Lane to Lake Arthur Drive, esplanade and both sides. West ROW of 9th Avenue from Regional Drive to Lake Arthur Drive 9th Avenue Esplanades from Regional Drive to Lake Arthur Drive. North R.O.W. of Jimmy Johnson from Highway 69 to Highway 347, South ROW of Jimmy Johnson - Highway 69 to Highway 347 9th Avenue from Stilwell Technical Center to Highway 73 and Underpass R.O.W. (N&S) and two center esplanades. Turtle Creek Drive from Highway 69 to Honeywood (esplanade and sides). Jimmy Johnson Esplanade from Highway 69 to Highway 347 (esplanade and sides). Babe Zaharias Park (Basketball and Tennis courts} ~ 3500 Jimmy Johnson Boulevard [cut to ditch lines, incl. sides}. Regional Drive~9th Avenue to Central Mall Drive (R.O.W.s and esplanade) Central Mall Drive from Highway 69 to 365 (North & South Mall R.O.W.s and esplanades). (Group III Option} K, Oak Mount Drive 7600--8300 blocks (both sides) L. Anchor Drive 7600-8300 blocks {.both sides) PREVOST & SONS' LAWN MANAGEMENT, continued 7.3 PM - Group V A. Bryan Park-1000 Gulfway Drive, including inside train area C. D. E. M. Roosevelt Park-1900 Gulfway Drive, including along ditch area Hughen Park-2700 Lakeshore Drive Civic Park-2200 Lakeshore Drive Flats on Lakeshore Drive Comer lot ~ 9th Avenue and Highway 73 (across from Poochie's) 7.4 PM - Group A. B. C. IX Fairlea Park-Tyrrell and Beech Streets LondOn Bridge Park-3100 Touraine Avenue Northside underpass ~ Highways 73 and 347 7.4a (Group IX Option) D. Cecil Reynolds Park-3900 36th Street and 4008 39th Stxeet M.D. ARENA CONTRACTORS 7.1 PM - Group "IV" South Gulfway - Buford to South 15th Avenue A4 B. C. D. E F. G. H. J. K. L. M. N. O. P. q. R. S. T. U V. W. Ko South Gulfway - Buford to South 15th Avenue Pearl - South 15th Avenue to South 6th Avenue Buford - South 15th Avenue to South Gulfway Tremont - South 15t~ Avenue to East Dead End Broadway - South Gulf~vay to South First Avenue South 1st Avenue - Tremont to Sabine Pass Port Authority Greenwich - South 14 Avenue to South 2nd Avenue Granger - South 9t~ Avenue to South 11t~ Avenue and South 1st Avenue to 3~d Avenue South 1st Avenue - Dowling to Texas Bayou Bridge (both sides) South 3ra Avenue - Broadway to Granger South 2nd Avenue - Greenwich to Granger South 5th Avenue - Tremont to Broadway South 6m Avenue - Pearl to Greenwich to South Is~ Avenue South 7m Avenue - Pearl to Greenwich South 9th Avenue - Buford to South Gulfway South 11t~ Avenue - Buford to Mechanic South 8th Avenue - Dowling to Quinn Quinn - South 1st Avenue to South 8th Avenue South 12t~ Avenue - South Gulfway to Greenwich South 13th Avenue - South Gulfway to Greenwich South 14th Avenue - South Gulfway North Street Dead End South 15th Avenue - South Gulfway to Buford 2nd Avenue from South Street Dead End to Quinn: 3~d Avenue from Welch to South Street Dead End: 4th Avenue from Quinn to North Street Dead End: 5th Avenue from Welch to Quinn: 6th Avenue from Quinn to South Dead End and 8th Avenue. Back Ridge Road from Highway 87 to County Maintenance Sign. Welch from South 8th Avenue to South 2na Avenue. South 7t~ Avenue - Qumn to North Mechanic Dead E~.~d and South Ist Avenue to South 11m Avenue. 7.1 SANDRA'S ENTERPRISES PM - Group "VII" - Thomas Boulevard A. Thomas Blvd. from MLK te 9th Avenue, including both sides to Lincoln Avenue B. Barbara Jacket Park, including flats around park. C. Triangle ~ Lewis Drive and 9th Avenue D. Triangles on Bluebonnet Avenue (includes blocks 1600. 1800, 2300, 2400, and two ~2) triangles ~ the 2800 block). _day of 2005. Signed on the ATTEST CITY OF PORT ARTHUR Evangeline Green City Secretary By: Stephen Fitzgibbons City Manager Signed on the day of 2005. CONTRACTOR: BY: NAME: ADDRESS: (CORPORATE SEAL) ATTEST: NAME: EXHIBIT E 7.1 JOEY'S TRACTOR SERVICE PM - Group "VI" - Port Acres/El Vista Area A. Eagle Park B. E1 Vista Park C. Lakeside Park D. Monrrose Park Ray Park @ Shirley and Ray ONE YEAR CONTRACT MOWING OF VARIOUS CITY PROPERTIES PARKS, RIGHT-OF -WAYS 1N 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 Joey's Tractor Service a(n) (Individual,firm,parmershipoveo~poration) herein acting by and through Joey's Tractor Service 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 prowsion hereof. 2. 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. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary 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. 4. 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 term "Contract 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 dxecuted 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 onthe day of 2005 ATTEST CITY OF PORT ARTHUR BY Evangeline Green CITY SECRETARY Stephen Fitzgibbons CITY MANAGER Signed on the day of 2005 CONTRACTOR BY PRESIDENT ATTEST SECRETARY GENERAL CONDITIONS Contract and Contract Documents The specifications and Addenda, hereinafter enumerated in the Agreement shall form part of this Contract and the provisions thereof shall be as binding upon 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, firm or corporation with whom the contract is made by the Owner or City. "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 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 thereofi at least five (5) days before the effective date of such termination. Notwithstanding the above, the Contractor shah 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 fo,'the purpose of set-off until such time as the exact amount of damages due the City from the contractor is determined. o ° 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 pemonnel 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 supervision 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, 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 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 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 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 otherwise, 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. Certificates and Permits Contractor shall secure at his own expense all necessary certificates, licenses, approvals and permits from 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. 10. Materials, Services and Facilities It is understood that except as otherwise specifically stated in the Contract 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. 11. _Contractor's Obl~ggtions 12. 13. 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 provisions 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 ins urance required oft he Subcomractor has been so obtained and approved. (See information to Bidders, paragraph 5). .~pension 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 detemfine will compensate for time lost by such delay with such determination to be set forth in writing. 14. 15. 16. Notice Any notice to any Contractor fi.om the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to the Said Contractor or his authorized representative on the work. 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 t he Subcontractor which s tatemem s hall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts or omissions 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 to 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 Owner. Assignments The Contractor shall not assign the whole or any part of this IZontract 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, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 17. 18. 19. 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. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability 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 Thereof: The Contractor agrees he will indemnify and safe the Owner harmless from all claims growing 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, incurred in furtherance o f the performance of this Contract. The Contractor, shall, at the Owner's request, fumish 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 forany such payments made in good 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. 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 which will permit full compliance by the City with the Statute and the regulations adopted thereafter. 22. Indemnification 23. 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, judgmems, cost of expense: Is attributable to bodily injury, sickness, disease, or death or injucy to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and 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 indemnified hereunder. Antitrust Contract hereby assigns to 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 IN THE CITY SCOPE 1.1 These specifications concern the mowing of grass, weeds and uncultured plants on various City properties, parks, and right-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 workman-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 mewing. 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 performed. 3.3 Ruts caused by contractor's equipment shall be filled at contractor's expense. 3.4 Limits of mowing are defined as the property lines of 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 Ditches shall be cut with slope mower to avoid rotting or by other means approved by City's representative. These areas are noted on bid schedule "B". 3.6 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 clippings. No clippings 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 amount 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. PROJECT AREAS PM = Park Maintenance See Following Pages 7.1 PREVOST ~ SONS' LAWN MANAGEMENT PM - Group "II" South Griff'mg Park B. C. D. E. F. O. Ho Herman Park Rosedale at Date Street Glenwood at Date Street Evergreen at Forest Drive Evergreen at Glenwood Street 9th Avenue at Evergreen Street Las Palmas Boulevard Esplanade from Griffing Drive to south end of Boulevard Oaklawn ROW to Dryden Road 7.2 PM - Group "III" 9tl~ Avenue Stonegate 7.2a C. D. E. F. G. H. I. J. Blackberry Lane to Lake Arthur Drive, esplanade and both sides. West ROW of 9th Avenue from Regional Drive to Lake Arthur Drive 9th Avenue Esplanades from Regional Drive to Lake Arthur Drive. North R.O.W. of Jimmy Johnson from Highway 69 to Highway 347. South ROW of Jimmy Johnson - Highway 69 to Highway 347 9th Avenue from Stilwell Technical Center to Highway 73 and Underpass R.O.W. (N&S) and two center esplanades. Turtle Creek Drive from Highway 69 to Honeywood (esplanade and sides). Jimmy Johnson Esplanade from Highway 69 to Highway 347 (esplanade and sides). Babe Zaharias Park (Basketball and Tennis courts) @ 3500 Jimmy Johnson Boulevard (cut to ditch lines, incl. sides). Regional Drive~9th Avenue to Central Mall Drive (R.O.W.s and esplanade) Central Mall Drive from Highway 69 to 365 (North & South Mall R.O.W.s and esplanades). (Group III Option) K. Oak Mount Drive 7600--8300 blocks (both sides) L. Anchor Drive 7600~8300 blocks (both sides) PREVOST & SONS' LAWN MANAGEMENT, continued 73 PM - Group V A, Bryan Park-1000 Gulf-way Drive, including inside train area B. Roosevelt Park-1900 Gulfway Drive, including along ditch area C. Hughen Park-2700 Lakeshore Drive D. Civic Park-2200 Lakeshore Drive E. Flats on Lakeshore Drive M. Corner lot ~ 9th Avenue and Highway 73 (across from Pooehie's) 7.4 PM - Group IX A. Faiflea Park-Tyrrell and Beech Streets London Bridge Park-3100 Tourmne Avenue C. Northside underpass ~ Highways 73 and 347 7.4a (Group IX Option) D. Cecil Reynolds Park-3900 36th Street and 4008 39th Street M.D. ARENA CONTRACTORS 7.1 PM - Group "IV" South Gulfway - Buford to South 15th Avenue B. C. D, E. F. G. H, J. K. L. M. N. O. P. Q. R. S. T. U V. W. South Gulfway - Buford to South 15th Avenue Pearl - South 15th Avenue to South 6th Avenue Buford - South 15th Avenue to South Gulfway Tremont - South 15th Avenue to East Dead End Broadway - South Gulfway to South First Avenue South 1st Avenue - Tremont to Sabine Pass Port Authority Greenwich - South 14 Avenue to South 2nd Avenue Granger - South 9th Avenue to South 11th Avenue and South 1 ~t Avenue to 3rd Avenue South 1 st Avenue - Dowling to Texas Bayou Bridge (both sides) South 3rd Avenue - Broadway to Granger South 2nd Avenue - Greenwich to Granger South 5th Avenue - Tremont to Broadway South 6th Avenue - Pearl to Greenwich to South 1s~ Avenue South 7t~ Avenue - Pearl to Greenwich South 9* Avenue - Buford to South Gulfway South 11th Avenue - Buford to Mechanic South 8th Avenue - Dowling to Quinn Quinn- South lst Avenue to South 8th Avenue South 12m Avenue - South Gulfway to Greenwich South 13m Avenue - South Gulfway to Greenwich South 14~ Avenue - South Gulfway North Street Dead End South 15th Avenue - South Gulfway to Buford 2n= Avenue from South Street Dead End to Quinn: 3~d Avenue from Welch to South Street Dead End: 4m Avenue from Quinn to North Street Dead End: 5th Avenue from Welch to Quinn: 6th Avenue from Quinn to South Dead End and 8th Avenue. Back Ridge Road from Highway 87 to County Maintenance Sign. Welch from South 8th Avenue to South 2nd Avenue. South 7th Avenue - Quinn to North Mechanic Dead ~nd and South 1st Avenue to South 11th Avenue. 7.1 SANDRA'S ENTERPRISES PM - Group "VII" - Thomas Boulevard Thomas Blvd. from MLK to 9a' Avenue. including both sides to Lincoln Avenue Barbara Jacket Park. including flats around park. Triangle ~ Lewis Drive and 9th Avenue Triangles on Bluebonnet Avenue (includes blocks 1600, 1800. 2300. 2400, and two ~2) triangles @ the 2800 block). 7.1 JOEY'S TRACTOR SERVICE PM - Group "VI" - Port Acres/El Vista Area A. Eagle Park B. E1 Vista Park C. Lakeside Park D. Montrose Park E. Ray Park ~ Shirley and Ray 7.1 7.2 ~EBERT LAWN PM - Group "I" North Griffing Park B. C. D. E. Hollywood at 32nd Street Sunken Court Boulevard Esplanade - Twin City to Lombardy Evergreen Boulevard Esplanade. Gfiffing Drive to Tyrrell Twin City Highway at 32nd Street Lombardy R.O.W. from 32nd Street tc 9th Avenue (West ROW only) PM - Group "VIII" - StilweH Boulevard, Woodworth Boulevard, DeQueen Boulevard, Dryden Road, Kramer/Schuh Place ho B. C. D. E. F. G. Stillwell - Lakeshore Drive to 19th Street Woodworth Boulevard - Lakeshore Drive to Gulfway Drive DeQueen Boulevard - Lakeshore Drive to 19th Street Lakeshore Drive- 4100 block to Stadium Dryden Road- Procter Street to the Seawall Kramer Schuh- Procter Street to the Seawall Dixie Triangle-comer of Dixie Drive and Lakeshore Drive 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. Signedon ATTEST CITY OF PORT ARTHUR Evangeline Green City Secretary By: Stephen Fitzgibbons City Manager Signed on the _day of 2005. CONTRACTOR: BY: NAME: ADDRESS: (CORPORATE SEAL) ATTEST: NAME: EXHIBIT F (City of Pot[ Arthur) (L~w Department) (Required Form} (t 0/5/89) (ali s/go) '(p.2 Revised 9/18/80) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I certify that the contract (hereinafter called "said contract") Aflixed to the attached proposed City Council ResolUtion No. is sn exact duplicate of an applicable standard form contract (the title o[ which is shown below) previously approved by the LAW department and ~dopted as A standard [orm by City Councll Resolution, except for the blanks that have been tilted in with all necessary inlormation and except for the changes described beiow. [ ] Federally Fdnded Construction Contract, Revised 115/88, 7/89, 8/80; 4/28194 [ ] Non-Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/80; 4/28/94 [ ] FederAl - Professional Serv)ces - Engineering Contract, Revised t/5/88, 5/89 [§tO) 7/80/{§8); 10/89; 2/gl [ ] Non*Federal - Professional Services - Engineering Contract, Revised 1/5/88, 5/89(§10), 7/89(~8), 10/80; 2/et (§8) [ ! CDBG - Prolessional Services - Engineering Contract, Revised [/5/88, 5/89 (§10), 7/89{~8), 10/80; 2/91 [ ] Federal - Professional Services - Non-Engineering (Consultadt) Contract, Revised t/5/88, 5/89 {§10), 7/89 (~8); 10/89; 2/91 (§8) [ ] Non-Federal * Prolessiona[ Services - Non*EngineedncJ (ConsultAnt) Contract, Rev)sod 1/5/88, 5/89 (§10), 7/89 (~8); 10/89; ~/91 (~8) ' [ ] ' CDBG - Professional services - Non-Engineering (Consultant) Contract, Revised 115/88, 5/89 (§tO), 7/89 (~8); 10/89; 2/91 ~ Other Standard Form Contract, described as foliows: The changes sro as follows: (Put e,n "X" in the appropriate [ ]) ~, None. [ ] The following described provisions at the indicated page, section, otc. of the star,doral form have been deleted from said contract: DELETIONS Page Number Section or paragraph No. Where ~nd Caption ,.. Deleted Provision Which Is Contains Provision Found On Standdrd Forrq Deleted From Form_ Subsection or Subparagraph No. and Caption Which Con~ains Provlslon Deleted From Form Description of Prov s on De eted