Loading...
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" 11( r, 3„,'"' a \ -mss. / t fl w fil 2, r C) Y C7 r ` O n N z n o n C o n • n a CC 'V N r, O ,� a n.j :, r ci) OD N rAl C A� "7 • l] G W O 't Z b R f''''' 4 N O G' �A cn n ... C F-4 p (/J n h ro a R°a n H w X. ° — ,�„ �� 4 4. 0 0 ro CD 4 . n ro ^t tt7 o ,." v, ^ U7 ro 4 ro y r- . r N N ro N 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 1 I 1 I I