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HomeMy WebLinkAboutPR 17801: CONTRACT WITH AFFORDABLE LAWN CARE Memorandum City of Port Arthur, Texas Health Department TO: Floyd T. Johnson, City Manager FROM: Judith Smith, RN, BSN, Director of Health Services DATE: August 27, 2013 SUBJECT: Proposed Resolution No. 17801 Approval to award the contract between the City of Port Arthur and AFFORDABLE LAWN CARE of Port Arthur, TX RECOMMENDATION It is recommended that the City Council approve P.R. No.17801, to award the contract to AFFORDABLE LAWN CARE of Port Arthur, TX, Owner Kevin Rogers, until December 31, 2013 for grass cutting services of privately -owned and city -owned vacant and developed lots in an area of the City designated as Area D -1 in the not to exceed amount of $45,000 to be charged to account number 001 - 1304 - 541.59 -00. BACKGROUND On February 5, 2013, the grass cutting contracts were extended for a six month period to allow more time to develop the plans set in place by the Task Force. The plans developed by the Task Force included the initiation of Citizen Serve; a Microsoft program designed to assure better accountability for the abatement of the grass cutting process. The plans also included a Verifier to verify that properties are cut according to the City's specifications. The contract of the previous contractor for Area D -1, S.E. TEXAS LAWN AND MAINTENANCE of Beaumont, TX, owner Anthony Young, contract ends September 9, 2013. The City accepted bids for Area D -1 and AFFORDABLE LAWN CARE, owner Kevin Rogers of Port Arthur, TX had the lowest bid. This contract will continue until December 31, 2013. Area D -1 is that area of the City of Port Arthur from 9 Avenue to the Orange Bridge and from Lakeshore Drive to Hwy 73. BUDGETARY AND FISCAL EFFECT Funds are available in FY 2012 and FY 2013 Budget Account No. 001 - 1304 - 541.59 -00 for the contract price of $.0017 per square foot for the mowing of vacant lots and $.0017 for the mowing of developed lots in Area D -1, and this award as to projects in the next fiscal year is subject to the availability of funding in the FY 2013 -2014 Budget. STAFFING EFFECT None. SUMMARY It is recommended that the City Council approve P.R. No. 17801, to award the contract to AFFORDABLE LAWN CARE, of Port Arthur, TX, owner Kevin Rogers until December 31, 2013 for grass cutting services of privately -owned and city -owned vacant and developed lots in an area of the City designated as Area D -1, to be charged to account number 001 - 1304 - 541.59 -00. P. R. NO. 17801 8/27/13 -js RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH AFFORDABLE LAWN CARE OF PORT ARTHUR, TEXAS UNTIL DECEMBER 31, 2013 FOR GRASS CUTTING SERVICES OF PRIVATELY - OWNED AND CITY -OWNED VACANT AND DEVELOPED LOTS IN AN AREA OF THE CITY DESIGNATED AS AREA D -1, IN THE NOT TO EXCEED AMOUNT OF $45,000 TO BE CHARGED TO ACCOUNT NO. 001 -1304- 541.59 -00 WHEREAS, there is a need for the Environmental Health Code Enforcement Division to procure grass- cutting services of privately owned and city owned vacant and developed lots; and, WHEREAS, the Purchasing Department administered a competitive bid process and opened bids to 4 different vendors; and, WHEREAS, a copy of the bid tabulation is attached hereto as Exhibit "A "; WHEREAS, AFFORDABLE LAWN CARE was the lowest and most responsible bidder for Area D -1; and, WHEREAS, this contract will end December 31, 2013. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That, the facts and opinions in the preamble are true and correct. Section 2. That, for the purposes of this Resolution, Area D -1 is that area of the City of Port Arthur from 9 Avenue to the Orange Bridge and from Lakeshore Drive to Hwy 73. P. R. NO. 17801 Page 2 Section 3. That, for the purposes of this Resolution, a developed lot is defined as a lot or parcel of land which has one of more buildings on it and a vacant lot is defined as a lot or parcel of land with no buildings or structures on it. Section 4. That, the City Manager is hereby authorized and directed to execute, on behalf of the City of Port Arthur, the contract with AFFORDABLE LAWN CARE for the contract price of $.0017 per square foot for the mowing of vacant lots and $.0017 per square foot for the mowing of developed lots in Area D -1, in substantially the same form as attached as Exhibit "B" Section 5. That, funding is available in FY2012 -2013 Budget Account No. 001 -1304- 541.59 -00 and this award as to projects in the next fiscal year is subject to the availability of funding in the FY2013 -2014 Budget. Section 6. 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 September 2013 A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: Council members: P. R. NO. 17801 Page 3 NOES: Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: f 4:e .�.. Val Tizeno, City Attorne APPROVED FOR ADMINISTRATION: %1.1dataiRCIA &V WA) Jtaith Smith, RN, BSN City Manager Floyd T. Johnson, , Y Y g Director of Health Services APPROVED AS TO AVAILABILITY OF FUNDS: tar � - Deborah Echols, Director of Finance P. R. NO. 17801 Page 4 Shawna Tubbs, Purc asing Manager EXHIBIT "A" 1 f r rl a) a.'^ O 0 z 7, . 0 OJ WI A� A . E. O y i L ce., A C N hi d coo C 0 cis z O C c et et = ago E"' ^C as) i i . a a GA A N CI o L m 'b U c d c l . a) ai ea o G. CI c c . CD Sr o / y) N a> y 1.1 10 3 A N V d e." 5 � 1 Ca d et C o 3 > ° E-' LI cww OI .... w' • "I, Q t, U A L ea L � _ o 0 0 MI 1 c CSJ L O 10 Z C H Q 7.) ›., w L -= .> = a © d a u u° o a c w � 69 p, ■ c 4 /1 r .,0 .r • Q L' Nu V O 1111 V] ,..4 )t- I 1.." . el j k ` ...±.-...-- ~ I I CITY -OWNED AND PRIVATELY -OWNED VACANT AND DEVELOPED PROPERTIES GRASS MOWING CONTRACT THIS AGREEMENT, made this day of September, 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 AFFORDABLE LAWN CARE herein acting Individual, firm, partnership or corporation by and through Kevin Rogers hereinafter called "CONTRACTOR ". WITNESSETH: 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 September 10, 2013 to December 31, 2013, with the option to renew for one additional year. 2. The Contractor will perform mowing and trimming and removal of litter and debris on City -owned and Private -owned Vacant and Developed properties in Area D -1 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 and in connection therewith, except 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 comply with the terms therein for the price of $0.0017 per square foot for VACANT properties and $0.0017 per square foot for DEVELOPED properties in Area D -1, in the not to exceed amount of $45,000. 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 complete 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: (A) Agreement (B) Advertisement for Bids (C) General Information (D) Specifications (E) Bid (F) Notice of Award (G) Notice to Proceed (H) Notice to Mow (I) Bidders Equipment, Experience, and References (J) Map of Area 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. APPROVED IN FORM: CITY OF PORT ARTHUR, OWNER By: CITY ATTORNEY CITY MANAGER ATTEST: CITY SECRETARY CONTRACTOR: AFFORDABLE LAWN CARE SIGNATURE NAME (PRINT): ADDRESS: WITNESS: NAME (PRINT): DELORIS "BOBBIE" PRINCE, MAYOR FLOYD T. JOHNSON ROBERT E. "BOB" WILLIAMSON, MAYOR PRO TEM , CITY MANAGER COUNCIL MEMBERS: City q}` 0 i SHERRI BELLARD � -," °�. CITY SECRETARY RAYMOND SCOTT, JR. ELIZABETH SEGLER MORRIS ALBRIGHT, III VAL TIZENO ROBERT TROY O T t t t 11 u T CITY ATTORNEY WILLIE "BAE" LEWIS, JR. Texas DERRICK FREEMAN KERRY "TWIN" THOMAS AUGUST 19, 2013 INVITATION TO BID The Mowing of Privately -owned and City -owned Developed and vacant lot in Area D -1 DEADLINE: Sealed Bid submittals must be received and time stamped by 11:00 a.m., Central Standard Time, Friday, August 23, 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 and Scope of Work 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 Page 1 of 17 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 Page 2 of 17 MANDATORY PRE -BID CONFERENCE A Mandatory Pre -Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Grass Cutting of Vacant and Developed Lots in Area D -1 will be held on Tuesday, August 20, 2012 at 10:00 a.m. on the second floor conference room of the Health Department located at 449 Austin Ave., Port Arthur, Texas. 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 17 INVITATION TO BID The Mowing of Privately -owned and City -owned Developed and vacant lot in Area D -1 (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 4 of 17 r Specifications for the City of Port Arthur Environmental Health Division for the mowing of Privately -Owned and City -Owned Developed and Vacant lots in area D -1 Scope of Work: 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: Mowing Specifications: 1. Each lot shall be cut to a height of 2 inches by a flail riding mower, a reel riding mower of sufficient size, as approved by a City representative, or an equivalent. Consideration will be given to proven past performance of the equipment on similar work to complete the task. Residential commercial mowers of these types or an equivalent will be required for the mowing of all vacant and developed residential properties. 2. BUSH HOG TRACTORS WILL BE ACCEPTABLE FOR GRASS CUTTING on privately -owned vacant properties in the City's residential neighborhoods at the discretion of the Director when grass on lots exceed 2 '/2 inches. On large tracts of land that are over '/z an acre in size, bush hogs will be allowed. They will still have to meet the required height requirements of 2 inches as stated in paragraph one above. 3. NO BUSH HOG TRACTORS are to be used on privately -owned developed properties. ONLY ZERO TURN riding mowers are to be used on privately -owned developed properties. 4. Zero turn riding mowers and walk behind mowers should be used for mowing the vacant and developed properties. Utilization of zero turn residential mowers will provide a better cut and enhance the overall appearance of the neighborhoods on those lots that are not highly overgrown and will allow for the easy operation of said equipment. 5. Litter and debris shall be disposed of properly, off site, at the contactor's expense. Page 5 of 17 6. All litter and debris shall be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to retrieve any litter missed the first time and cut into smaller pieces by the mower. 7. Litter and debris shall be defined as an object not intentionally placed at project site for a specific purpose. This shall include but not limited to paper, wrappers, cans, bottles, building materials, disposable diapers and small limbs shall be cleaned prior to cutting of all properties. The Contractor's failure to comply with removing said paper, bottles, and small limbs may result in non - payment for the cut of the property. 8. Sweep or blow clean all sidewalks and /or concrete areas affected by work. No Grass clippings shall be placed or blown into the City's Drainage culverts or in the streets. 9. The whole property is to be trimmed neatly (cut and /or using a weed - eater), e.g., alleyways, around telephone poles, sidewalks, culverts, fence - lines; and around developed structures, water meters, ditches and trees. The Contractor's failure to comply with this specification may result in non - payment for the cut of the property. 10. The alleyway of the assigned property is to be cut five feet (5') past the assigned property line. The Contractor's failure to comply with this specification may result in non - payment for the cut of the property. 11. All ditches are included as part of the property. The Contractor's failure to cut the applicable ditch of the assigned property may result in non - payment for the cut of the property. However, ditches deeper than four feet (4') are to be brought to the attention of the inspector and will be dealt with on a case -by -case basis to determine the responsible party for cutting. 12. Equipment blades are to be sharpened so that grass will be cut low. 13. The contractor shall repair or replace at his own expenses any damage to materials or property on site, resulting from negligence during grass cutting or associated activities 14. Ruts caused by contractor's equipment shall be filled at contractor's expense. 15. All contractor equipment will need to be inspected by the City's Environmental Inspector(s) prior to receiving the first Notice to Mow. Page 6 of 17 16. The contractor will be required to re -cut at his own expense any areas deemed to be unsatisfactorily mown. 17. All cuts deemed unacceptable by the City's Environmental Inspectors will not be paid. With adequate and appropriate documentation, the City's Environmental Inspectors have the right to recommend non - payment of any properties that are missed, incomplete or cuts deemed unacceptable. 18. The entire batch of Notice to Mows will be held until all properties that are missed, incomplete or deemed unacceptable is completed by the Contractor. 19. Contractors must turn in a equipment list with their bid documents. SIZE OF PROPERTIES: This contract does not include any lot over one (1) acre in size. JUNK AND LITTER: If there are any problems encountered on city -owned or privately -owned properties scheduled to be mowed, such as junk motor vehicles, additional structures, excessive litter, inability to access property, or inability to mow for any reason, the contractor should bring these matters to the attention of the City's authorized agent, before attempting to mow. NOTICE TO MOW: 1. It is the responsibility of the contractor to obtain the Notice to Mow from the Environmental Health Division on a daily basis. 2. Work must be completed within seven (7) calendar days of issuance. Unless an extension is granted by Judith Smith, Director of Health Services, the contractor will be subject to liquidated damages of $25 per day for each lot that is not mowed within seven (7) days. 3. Mow grass to a height of not more than 2 inches within seven (7) days. 4. Time Extension may be granted due to inclement weather or to unforeseeable events that are not caused by the contractor. Page 7 of 17 EMERGENCY PLAN: An emergency plan may be invoked as a result of excessive growth and /or if the contractor is unable to handle the 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 Director of Health Services, Judith Smith, 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. Description of Area D for Grass Mowinj' for Vacant & Developed Properties: D -1 9 Avenue to Orange Bridge Lakeshore Drive to Hwy 73 CONTRACT PERIOD: This Contract will terminate approximately on December 31, 2013 from date of execution. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation. Page 8 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Mowing of Privately -owned and City -owned Developed and Vacant lots in Area D -1 BID DUE DATE: August 23, 2013 VACANT DEVELOPED ITEM# DESCRIPTION PROPERTY PROPERTY 1. Mowing of Area D -1 $ • 0.01 7 psf $ .00 psf .// , „ 2 3 c Cute op.v. C sr r ANY NAME STREET ADDRESS r L ! SIGNATURE OF a <s i DER P.O. BOX Il v, % Pori 4r+4Gr� l Z� Z 5 �+IM PRINT OR TYPE NE CITY STA E (Liner 6 9) F,9W TITLE C TELEPHONE NO. r 0;AXAft i Pagers also 669) 9 gsqQ EMAIL r FAX FAX NO. Page 9 of 17 BID OPENING DATE: August 23, 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 /(e.a/Ati / ADDRESS O( 9 3 tc CITY /STATE/ZIP ,4/ 1-71-h[kr ? 2? P ' �r SEND PURCHASE ORDER TO: COMPANY ADDRESS .2c74 C' /L CITY /STATE/ZIP %,1,Z �j j 72 32 /0 TAX IDENTIFICATION 7 g�j ENTI ICATION NUMB ER Page 10 of 17 I _ e 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 and signed offers and agrees to one of the following: f 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. / ;.,. , Za/i.1 P -2a -19 Fi .. . ame Date , 4 /.4, : Authorized Signatur Title 4, 1 n Lrrj' 9 V22 07� (,0 Name (please print) 1 Telep one le/1 1 rl iriS q. pal / -Lok Email / J STATE- 's 4 i /1 SUBSCRIBED AND SWORN to before me b ,. a above named on this the l/ day of i 20 /3. 4 /./� -1 .: , No rill'. lie " - 4 ': : ::1 1:S::itCiltr! +:r;�i•`: t•i!. MY COMMISSI ^ N EXt%IRES - - -• -- , - — - _ - - -- FIDAVIT AS PART OF THE BID PROPOSAL "' MARGARET A FONINETT _° °I MY COMMISSION EXPIRES Page 11 of 17 V w ' August 8, 2016 L - 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. ri 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 e » • loy » ', r iness relationship. Name of Officer / This section (item 3 including subparts A, B, C, & D) st bed . mpl , ted for eac officer with whom the filer has an employment or other business relationship as defined by Section 176.001 ' -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 officer or director, or holds an ownership of 10 percent or more? n Yes n No D. Describe each employment or business relationship with the local government officer named in this section. 4. ell., ] P-007—/.3 i'� P Sign of person d ' b su mess with the governmental entity Date • • Page 12 of 17 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. Page 13 of 17 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. 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.: Utility Operations 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. Page 14 of 17 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, 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 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 Page 15 of 17 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. 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, Page 16 of 17 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. 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 17 of 17