HomeMy WebLinkAboutPR 17780: GRASS CUTTING AT BUSINESS PARK Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO
Date: July 17, 2013
Subject: P. R. No. 17780; Council Meeting of August 6, 2013
ATTACHED IS PROPOSED RESOLUTION 17780 APPROVING
AWARD OF A BID FOR GRASS CUTTING SERVICES AT THE
SPUR 93 BUSINESS PARK BY THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND
AUTHORIZING THE EXECUTION OF A CONTRACT WITH
SANDRA'S ENTERPRISES, INC.
P. R. No. 17780
07/12/2013 kv
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO A CONTRACT WITH
SANDRA'S ENTERPRISES, INC., OF PORT ARTHUR,
TEXAS, FOR GRASS CUTTING SERVICES AT THE SPUR
93 BUSINESS PARK, IN THE NOT TO EXCEED AMOUNT
OF $12,000. FUNDS AVAILABLE IN ACCOUNT NUMBER
120 - 1429 - 582.59 -02.
WHEREAS, on July 8, 2013 the Board of Directors of the City of Port Arthur Section
4A Economic Development Corporation (the "PAEDC ") approved the award of a bid for grass
cutting services at the Spur 93 Business Park in the amount of $10.00 per acre submitted by
Sandra's Enterprises, Inc.; and
WHEREAS, the City of Port Arthur, Texas (the "City "), acting by and through its
Purchasing Division, provided the bid solicitation, advertisement, bid review and
recommendation of award for the mowing of the PAEDC Spur 93 Business Park (a copy of the
bid tabulation is attached as Exhibit "A "); and
WHEREAS, pursuant to Section 8.19 of the PAEDC Bylaws, the PAEDC has to submit
contracts to the City Council for review and approval; and
WHEREAS, the bid price of $10.00 per acre, in a not to exceed amount of $12,000, for a
period of one (1) year from the date of execution of the contract, with an option to renew for (2)
additional one year periods.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council authorizes the PAEDC to enter into a contract with
Sandra's Enterprises, Inc., for grass cutting services for the Port Arthur Spur 93 Business Park,
in substantially the same form as attached hereto as Exhibit "B ".
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2013,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Batiste, PAEDC CEO
#801562 Page 2
APPROVED AS TO FORM:
IP
Guy N. Goodson, PAEDC Attorney
APPROVED AS TO F
OV S O RM: O
4 4gQ4I
Valecia ''. Tizeno, ' ity Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
D borah Echols, inance Director
Shawna Tubbs, Pur itger
#801562 Page 3
EXHIBIT "A"
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EXHIBIT "B"
CONTRACT FOR GRASS CUTTING AT THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION SPUR 93 BUSINESS PARK
THIS CONTRACT, made this day of , 2013, by and between
the CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION, organized under the laws of the State of Texas, (the "PAEDC" or OWNER)
and SANDRA'S ENTERPRISES, INC., Port Arthur, Texas. ( "CONTRACTOR ").
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 for a period of one (1) year from the date of execution,
with an option to renew for two (2) additional one year periods. The PAEDC can
terminate this contract at its convenience which includes, but is not limited to, funding
not being available in any budget cycle with ten (10) days written notice.
2. The Contractor will perform mowing, trimming, and removal of litter and debris at the
OWNER's Spur 93 Business Park 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 and in
connection therewith, excepting those supplies specifically not required of
CONTRACTOR in the Specifications set forth in the Contract Documents.
4. The CONTRACTOR agrees to perform all the work described in the specifications of the
Contract Documents and to comply with the terms therein for the cost of $10.00 per acre,
in a not to exceed amount of $12,000.
5. The term "Contract Documents" means and includes the following:
1) Agreement
2) Advertisement for Bids
3) Addenda (if any)
4) Specifications
5) General Information
6) Bid
7) Notice to Proceed
6. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, duplicate copies of the contract each of which shall be
deemed an original on the first above written.
Signed on the day of , 2013.
ATTEST: CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT
CORPORATION
CITY SECRETARY Kaprina Frank, Board President
Signed on the day of , 2013.
ATTEST: CONTRACTOR:
SANDRA'S ENTERPRISES, INC.
BY:
CITY SECRETARY
Print Name:
Title:
DELORIS "BOBBIE" PRINCE, MAYOR FLOYD T. JOHNSON
WILLIE "BAE" LEWIS, MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: - �
�'i of � SHERRI BELLARD
j \ )41 CITY SECRETARY
RAYMOND SCOTT, JR.
ELIZABETH SEGLER c�
MORRIS ALBRIGHT III o � ,, t — VAL TIZENO
HAROLD L. DOUCET, SR. CITY ATTORNEY
ROBERT E. WILLIAMSON Texas
DERRICK FREEMAN
KERRY "TWIN" THOMAS
APRIL 23, 2013
INVITATION TO BID
Mowing EDC Business Park
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, May 8, 2013. (The clock located in the City Secretary's office
will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, May
8, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to
attend.
MARK ENVELOPE: Business Park
DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4 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
Yolanda@portarthur.net
Questions concerning the Scope of Work should be directed in writinjz to:
City of Port Arthur, TX
Floyd Batiste, CEO
Port Arthur EDC
4173 39 Street
Port Arthur, TX 77642
tbatiste(4aedc.org
Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB
P.O. Box 10891444 4th Street' Port Arthur, Texas 776411 409.983.8160 1 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 CITY SECRETARY' S 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
Page 2of16
i
MANDATORY
PRE -BID CONFERENCE
A Mandatory Pre -Bid Conference between Representatives of the City of Port Arthur, Texas
and prospective bidders for Mowing of EDC Business Park for Economic Development
Corporation will be held on Thursday, May 2, 2013 at 10:00 a.m. at the EDC Business Park
located at 9555 West Port Arthur Road.
The purpose of the Mandatory Pre -Bid Conference is to make certain that the scope of work is
fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to
resolve any problems that may affect the project construction. No addendum will be issued at
this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an
addendum(s) to clarify the intent of the Contract Documents.
Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre -
Bid Conference will be rejected and returned unopened to the bidder.
Page 3 of 16
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.
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.
Page 14 of 16
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
Page 15 of 16
the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be
filed with the City of Port Arthur not more than ten (10) days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the
execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed
cannot be issued within such period, the time may be extended by mutual agreement between
OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager
available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to
contact the contractor.
Page 16 of 16
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Mowing of EDC Business Park
BID DUE DATE: May 8, 2013
DESCRIPTION PRICE PER ACRE
Mowing of EDC Business Park $ 10.00
Sandra's Enterprises, Inc 2951 W Highway 365, Port Arthur, TX 77640
COMPANY NAME STREET ADDRESS
*.
AI PO Box 292, Nederland, TX 77627 -0292
IGNATU' 4 OF BIDDER P.O. BOX
Sandra J Guilbeau Same As Above
PRINT OR TYPE NAME CITY STATE ZIP
President 409 - 736 -0443
TITLE AREA CODE TELEPHONE NO
senterpriseinc @sbcglobal.net 409 - 736 -0089
EMAIL FAX NO.
Page 7 of 16
l
BID OPENING DATE: May 8, 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:
COMPANY Sandra's Enterprises, Inc.
ADDRESS PO Box 292
Nederland, TX 77627 -0292
CITY /STATE /ZIP ede
SEND PURCHASE ORDER TO:
COMPANY Same as above
ADDRESS
CITY /STATE /ZIP
TAX IDENTIFICATION NUMBER 76 0440992
Page 8 of 16
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:
XX 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. 1 further agree to pay succeeding debts as they .
become; due.
" r (S6S ..-7 NC/
Firm Na :, Date
/.A4►i► Pre.... i cit e 1
Authorize. filature ' ' Title
...5; ,1/6f .T lb..e 4 7 z -713 7
Name (please print) T ephone
senterpriseinc @sbcglobal.net
Email "I/QC STATE: a3
COUNTY: '1 i F ,
SUBSCRIBED AND SWORN to before me by the above named � 1 1 i l
on this the a 1 G
day of • ANIL , 20
i
. Ai I Ai 111 I: it
(2, .. ,...0_,, �? °4'^ . JENNIFER B GAY . , Public 1
c
, � „ i NOTARY PUBUC
�1: State ofTexas
\":6 ort � COfl . Exp. 03.08-201
r 4 1 ' A FIDAVIT AS PART OF THE BID PROPOSAL
Page 8 of 14
1
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 Fled 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 ith lo overnmental entity.
2. f I 1 Check this box if you re filing n update t a pre 'o sled questionnaire.
(The law requires that y le an ipdated co leted uestionnaire with the appropriate filing authority not later than
7' business day after the da the riginally fi d ques ionnaire becomes incomplete or inaccurate.)
3. Name of a local government offs er wi hom file has employment or business relationship.
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 1 1 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 officer 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.
Signature of person doing business with the governmental entity Date
Page 10 of 16
REFERENCES CONTACT PERSONS
A.G.C. JEFF CO CHAPTER B. MOORHEAD 409 835 - 6661 04 YEARS
CITY OF PORT ARTHUR CITY HALL L. MCMAHON 409 983 -8187 12 YEARS
CITY OF PORT ARTHUR WATER UTILITIES K. ELDRIDGE 409 983 -8575 06 YEARS
ENTERGY (GSU SABINE PLANT) R. SMITH 409 734 -3264 02 YEARS
TOTAL PETROCHEMICAL- COMPANY L. SMITH 40 963 -6833 10 YEARS
JEFFERSON CO COURTHOUSE R. WILLMAN 409 835 -8511 11 YEARS
ORANGE CO APPRAISAL DIST P. SANDERSON 409 745 -4777 12 YEARS
EIOR FACILITY /US DEPT JUSTICE M_ JOHNSON 318 335 -0713 07 YEARS
CITY OF BEAUMONT CITY HALL B. BEADLE 409 880 -3720 06 YEARS
CITY OF BEAUMONT POLICE DEPT B. BEADLE 409 880 -3720 06 YEARS
ENTERGY DISTRIBUTION DIVISION W. ONEIL 40 785-2453 03 YEARS
ENTERGY TRANSMISSION DIVISION M. MANLEY 409 347 -5062 03 YEARS
CITY OF PT ARTHUR PARKS DIVISION I_. BAKER 409983 -5619 10 YEARS
TOTAL PETROCHEMICAL CO B. HICKMAN 409 963-6811 10 YEAR
CITY OF HOUSTON BUILDING SRV A. JACKSON 713 437 -6841 03 YEARS
CITY OF HOUSTON BUILDING SRV 0. GONZALES 713 437 -6572 03 YEARS
US DEPT OF TRANS /MARITIME ADM A. WILLIAMS 409 722 -3433 01 YEAR
EXXONMOBIL PETROCHEMICALS J. PEVETO 409 757 -3474 09 MONTHS
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