HomeMy WebLinkAboutPR 17760: AWARDING MOWING CONTRACT WITH JOEY'S TRACTOR SERVICE P. R. #17760
06/29/2013/ca
RESOLUTION NO.
A RESOLUTION AWARDING A MOWING CONTRACT WITH JOEY'S TRACTOR
SERVICE OF PORT ARTHUR, TEXAS FOR GROUPS 5 AND 9; SAID CONTRACT IS FOR
MOWING VARIOUS CITY PROPERTIES, PARKS AND RIGHT -OF -WAYS IN THE CITY
IN AN AMOUNT NOT TO EXCEED $7,560; FUNDING: PARKS DIVISION, FY 2013
BUDGET ACCOUNT NO. 001 - 1207 - 531.31 -00.
WHEREAS, quotes were received from three (3) vendors and the quote tab is attached as
Exhibit "A "; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions of the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur hereby awards the
mowing contract for Groups 5 and 9 to the lowest responsible bidder, in accordance with Exhibit
"A ", Joey's Tractor Service of Port Arthur, Texas for the contract price of $495 per cut for
Group 5 and $450 per cut for Group 9 for mowing for the Parks Division on various City
property, parks and right -of -ways in the City of Port Arthur, Texas, in an amount not to exceed
$7,560.
Section 3. That the City Manager of the City of Port Arthur is hereby authorized and
directed to execute on behalf of the City of Port Arthur a contract, in substantially the same form
attached hereto as Exhibit `B ", between the City of Port Arthur and Joey's Tractor Service of
Port Arthur, Texas for the contract price of $495 per cut for Group 5 and $450 per cut for Group
9 for mowing for the Parks Division on various City property, parks and right -of -ways in the
City of Port Arthur, Texas, in an amount not to exceed $7,560.
Section 4. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOPTED AND APPROVED THIS day of , A.D.,
2013, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
P. R. #17760
06/29/2013/ca
AYES:(Mayor)
Councilmembers:
NOES:
Deloris "Bobbie" Prince
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED TO FORM:
\(; A i
Val Tizeno, 'sq
City Attorney
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson
City Manager
/Pp/ ,x14k r.
TOP 4/fwe Albert Thigpen, = " A -CP, CAS
Director of Parks and Recreation
P. R. #17760
06/29/2013/ca
APPROVED AS TO AVAILABILITY OF FUNDS:
• e o orah Echols, CPA
Director of Finance
IA = �,_ _ _
Shawna Tubbs, CPPO
Purchasing Manager
EXHIBIT "A"
0 0 0
O O O
c C
"6
c0 U1
c O
o
01 CI)
7 � Er 0 A O
C) � C) 0 -� t C C
. c c O y N
y O
0
-'a 0 -
Z c• N r •
o 3 = ) o
-co 63 63 0 m . 0
(-1Z m ( - 1 Z CD-a so
0 0 C) co N O' O ■1
�- W O 3
N N 70 r+
c0
O
o r
a3
D N
o o 0 CDD
0 0 � P
c
( m m a
o N c,
0)
cc »
EXHIBIT B
CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES,
PARKS AND RIGHTS -OF -WAY IN GROUPS 5 AND 9 IN THE CITY OF PORT
ARTHUR
THIS AGREEMENT, made this day of , 2013,
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 Villemez doing
business as JOEY'S TRACTOR SERVICE hereinafter called "CONTRACTOR ".
WITNESSED: That for and in consideration of the payment terms, conditions
and agreements set forth herein , OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be from July 2013 to December 2013.
2. The Contractor will perform mowing of properties and Rights—of—Way in Group 5 for
$495 per cut Group 9 for $450 per cut 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 to
connection therewith, excepting those supplies specifically not required of Contractor
in the Specifications.
4 The CONTRACTOR agrees to perform all the work described in the specifications
and contract documents and to comply with the terms therein as follows: Group 5 for
$495 per cut and Group 9 for $450 per cut. The total cost will not exceed $7,560.
5. The Contractor will commence the work required by the Contract Documents on or
before a date to be specified in the "Notice to Mow" and will mow the lots within
seven days unless the period for completion is extended otherwise by the contract
Documents.
6. The term "Contract Documents" means and includes the following:
1) Agreement
2) General Information
3) Specification
4) Bid
5) Notice of Award
6) Notice to Proceed
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in (2 copies) each of which shall be
deemed an original on the date first above written.
Signed on the day of 2013.
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
Signed on the day of 2013.
CONTRACTOR
Joey Villemez
Joey's Tractor Service
DELORIS "BOBBIE" PRINCE, MAYOR f FLOYD T. JOHNSON
ROBERT E. `BOB" WILLIAMSON, MAYOR PRO TEM 4 CITY MANAGER
COUNCIL MEMBERS: City of tom SHERRI BELLARD
RAYMOND SCOTT, JR. CITY SECRETARY
ELIZABETH SEGLER
MORRIS ALBRIGHT, III t rthur VAL TIZENO
ROBERT TROY CITY ATTORNEY
WILLIE `BAE" LEWIS, JR. Texas
DERRICK FREEMAN
KERRY "TWIN" THOMAS
JUNE 24, 2013
INVITATION TO BID
Mowing of Various City Properties, Parks and Right -of -ways
DEADLINE: Sealed Bid submittals must be received and time stamped by 11:00 a.m., Central Standard
Time, Tuesday, June 25, 2013. (The clock located in the Purchasing office will be the official time.)
DELIVERY ADDRESS: Please submit one (1) original by fax or e -mail of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
PURCHASING DEPARTMENT or PURCHASING DEPARTMENT
P.O. BOX 1089 444 4TH STREET, 2ND Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur, TX
Yolanda Scypion - Goudeaux, Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
(409) 983 -8160
Yolanda@portarthur.net
Questions concerning the Scope of Work should be directed in writing to:
City of Port Arthur, TX
Albert Thigpen, Interim Director of Parks And Recreation
P.O. Box 1089
Port Arthur, TX 77641
(4090 983 - 82120
althiapen(a,portarthur.net
Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB
P.O. Box 1089 1 444 4th Street I Port Arthur, Texas 776411 409.983.8160 I Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS
SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the
City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left -hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE BEFORE OPENING DATE AND
TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
i t
Page 2 of 14
INVITATION TO BID
Mowing of Various City Properties, Parks and Right -of -ways
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity /service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments /Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 3 of 14
SPECIFICATIONS FOR GRASS MOWING OF VARIOUS CITY PROPERTIES, PARKS
AND RIGHTS -OF -WAY IN THE CITY OF PORT ARTHUR
1. SCOPE OF WORK
1.1 These specifications concern the mowing of grass, weeds and uncultured plants on various City
properties, parks, and rights -of -way in the City, for mowing of property groups as noted in bid
specifications. The contractor shall furnish all supervision, labor, materials, machinery, tools,
equipment, fuel, and service, to perform and complete all work in an efficient and workman -like
manner as specified in the following.
2. WORK ASSIGNMENT
2.1 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.
2.2 In weeks in which inclement weather or other conditions preclude cutting, the Parks and Recreation
Department is to be notified immediately.
3. MOWING SPECIFICATIONS
3.1 Each area shall be clean cut to a height of two (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 The area will be cleared of litter and 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 rights -of -way 8 -10 feet off pavement.
Corners at intersections will be mowed at a 45 degree angle to the intersection for a clear field of
vision.
3.5 Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's
representative. These areas are noted on bid schedule. See page eight (8) of eighteen (18)
3.6 Along some Rights -of -Way it should be noted that they are maintained by citizens in some areas.
4. MONOFILAMENT TRIMMING
4.1 Contractor shall neatly trim (cut and /or using a weed - eater), along sidewalks, curbs, 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 grass clippings shall be placed or blown
into the City's Drainage Culverts or in the streets.
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.
Page 4 of 14
HEDGE/TREE TRIMMING
5.1 Hedges, stands of cane, oleander and other flowering/bushes shall be maintained as requested by
City's representative. (Approximately two (2) times a year).
5.2 Contractor will be responsible for collecting and disposing of cuttings.
6. 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.
6.2 The Parks and Recreation Department office must be notified within two days of cutting for
payment processing.
7. EMERGENCY PLAN
7.1 Is invoked as a result of excessive growth and the contractor unable to handle work load. The
City reserves the right to utilize additional contractors in any area to reduce the health hazard
from excessive growth and contractor's inability to handle the workload in a timely manner.
Contractors should report immediately to the Interim Director of Parks and Recreation, all
equipment failures, breakdowns, and rain days in writing within twenty -four (24) hours.
Additional mowing can be assigned to other contractors to help alleviate backlogs.
8. PROJECT AREAS
GROUP 1 - North Griffing Park
A. Town Hall Park
B. Hollywood at 32 Street
C. Sunken Court Boulevard Esplanade -Twin City to Lombardy
D. Evergreen Boulevard Esplanade. Griffing to Tyrell
E. Twin City Highway at 32 Street
F. Lombardy Rights—of—Way from 32 Street to 9 Avenue (West Rights -of -Way) only
GROUP 5
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 — 220 Lakeshore Drive
E. Flats on Lakeshore Drive
GROUP 9
A. London Bridge Park — 3100 Touraine Avenue
B. North side underpass @ Highways 73 & 347
C. Cecil Reynolds Park — 3900 36 Street and 4008 39 Street
9. CONTRACT PERIOD
This Contract will terminate on December 31, 2013. The City can terminate this contract at its
convince which includes, but not limited to, funding being available in any budget cycle with thirty
(30) days written notice.
*NOTES:
Failure to adhere to above can result in non - payment
Page 5 of 14
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Mowinl of Various Ci Pro I erties Parks and Ri_ht -of -wa s
QUOTE DUE DATE: June 25, 2013
ITEM DESCRIPTION PRICE PER CUT
GROUP 1 NORTH GRIFFING PARK $ 1 _ p o
Town Hall Park
Hollywood at 32" 1 $ 3 6 • 00
Street $ / 0 • 0 0
Sunken Court Blvd Esplanade -Twin City to Lombardy
Evergreen Blvd Esplanade- Griffing to TyrelI ^ $ 5.0 O 0 0
Twin Ci Highway at 32 °a Street
Lombardy Rights -of- Way from 32 Street to 9 Ave. (West of Rights- / q Co 0
of -Way) only
TOTAL. GROUP :1 $ I- 6 6 0
Group 5 $ f 0 Q
Bryan Park $ I 0 v . 6 d
Roosevelt Park , c3 0
Hughen Park $ � (00 6
Ci ic Park
Flats on Lakeshore Drive $ S d
TOTAL GROUP 5 $ .. 9 s'. ; 0 6
Group 9 $ '2.0 O .. 00
London Bridge Park $ d o
North Side Underpass @ Hwy 73 & 347 0 c) Cecil Reynolds Park Z 9 . i
1 $ TOTAL G 9 $ 1'C • O O �
a
COMPANY NAME STREET ADDRESS
` h c r
�
,
, ' V -(.16"-
SIG TU a I OF BIDDER P.O. BOX
�o 1 CMe C u rt 4C-11- uy T c �I 1 b 1+
4' e y VINO
PRINT OR TYPE NAME CITY STATE ZIP
p i6
TITLE AREA CODE TELEPHONE NO.
3 e y kit e z @( -cta' I • 16144 Uwe
EMAIL FAX NO.-
Page 6ofI4
I
BID DUE DATE: June 25, 2013
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
e f
COMPANY
J o S I Y'4 <-4 f e.r ce
ADDRESS 2 a D b/ fi
CITY /STATE /ZIP e o rt Ars A\t • 1 1 `t -6
SEND PURCHASE ORDER TO:
COMPANY J o e y S 'Cc( C- c c er c t i c e
ADDRESS 2 6 1 +
CITY /STATE /ZIP v t' -1-- r ¶ e X ct S 77 " - t•6
TAX IDENTIFICATION NUMBER Q ✓\ €_
Page 7 of 14
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
J o e y s ' l rac to r S er l i/ �'ce 6 - " ). 1 3
Date of
Firm Name
4/1/te 0wv
Auth rued ignature Title
Joey VIItevut,ez. I + 6c l'1_ .3 -1bI
Name (please print) Telephone
)og V(f\ €- ez0 (7ma1( 1 y •Coku
Email ,
STATE: ..Q QS *
B { s MY COMMA SS a S
_ ' `
Q__,, Q = November er t 8, 2014
C OUNTY: 3 � r`
SUBSCRIBED AND SWORN to before me by the above named -3-pe,`� \) l\ Alve2
on this the 0,. , day of . J i t..K4-.. , 20 t 3 .
. U kc
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 8of14
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1 -a) with a local governmental entity and the person meets requirements under Section 176.006 (a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7 business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
1. Name of person who has a business relationship with local governmental entity.
2. Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of a local government officer with whom filer has employment or business relationship.
IN. Co e
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an off er or director, or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
,4. ( �. _ 6 - �s " .ze)13
Signa 4 e of p son doing business . the governmental entity Date
Page 9of14
History
I Started cutting grass 43 years ago with my Father. I'm a second
generation grass cutter. I started with a sickle doing the ditches for
my Father as he cut lots with his 8 -n Ford Tractor for the City of Port
Arthur. At age 10 I had my own tractor and customers. I started
cutting Pastures and Bailing hay in Port Acres. My daughter helps me
and is a very good tractor driver and has a college degree in
Teaching. I have been cutting lots for over 41 years. I have a very
large list of People that I have cut for and will share them with you if
you need them. I am a member of Little Flower Church in Port Arthur
and a member of the Knight of Columbus .
I have had contracts for the City of Port Arthur now .
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and /or Contractor furnish the City of Port
Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s) /substitutions(s) deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem
to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is
within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response
to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City.
7. No payments shall be made to any person of public monies under any contract by the City with such
person until such person has paid all obligations and debts owed to the City, or has made satisfactory
arrangements to pay the same.
Page 10 of 14
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The
City assumes no responsibility for the bidder's failure to obtain and /or properly submit any addendum. Failure
to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or
the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or
interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each
item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful
bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Parks and Recreation, P.O.
Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This
agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules,
orders, regulations and codes of the federal, state and local governments relating to performance of work herein.
RE T OF MEMBERS OF CITY: No member of the governing body of the City, S g g y ty, and no other officer,
employee or agent of the City who exercises any functions or responsibilities in connection with the planning
and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract;
and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City
from granting any license, privilege or paying money to any -one owing delinquent taxes, paving assessments or
any money to the City until such debts are paid or until satisfactory arrangements for payment has been made.
Bidders must complete and sign the AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
Page 11 of 14
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option
of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least
thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor
to furnish releases or receipts for any or all persons performing work and supplying material or service to the
Contractor, or any sub - contractors for work under this contract, if this is deemed necessary to protect its
interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a
result of his fault or negligence in connection with the work performed until completion and final acceptance by
the City.
Page 12 of 14
SUB - CONTRACTS: The Contractor shall not execute an agreement with any sub - contractor or permit any
sub - contractor to perform any work included in this Contract until he has received from the City of Port Arthur
written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas,
unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and /or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person/$500,000 per occurrence for contracts of $100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person /$1,000,000 per occurrence for contracts in excess of $100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of $2,000,000
for contracts in excess of $100,000.
3. Commercial Automobile Liability Insurance (Including owned, non -owned and hired vehicles
coverage's).
a. Minimum combined single limit of $500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per
occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required
(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates
and expiration dates) and to date and sign and do all other things necessary to complete and make into valid
certificates of insurance and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that
coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract.
Page 13 of 14
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,
the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday
through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.
Page 14 of 14