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HomeMy WebLinkAboutPR 17839: JOEY'S TRACTOR P. R. NO. 17839 08/28/13 jd /gt RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR GRASS CUTTING SERVICES FOR PLEASURE ISLAND WITH JOEY'S TRACTOR SERVICE OF PORT ARTHUR, TEXAS; FUNDING AVAILABLE IN PLEASURE ISLAND OPERATIONAL FUNDS. WHEREAS, the Purchasing Department administered a competitive bid process and opened bids from five (5) different vendors; and WHEREAS, on July 12, 2013, Sandra's Enterprises, Inc., withdrew their bid; and WHEREAS, the remaining bids have been evaluated by Purchasing and Soutex Surveyors & Engineers; and WHEREAS, although Knepp Enterprises LLC was the lowest bidder, they did not meet the specification regarding equipment qualified to perform the necessary mowing under this contract and their lack of experience with references; and WHEREAS, Joey's Tractor Service was the next lowest and most responsible bidder, a copy of the bid tabulation is attached hereto as Exhibit "A "; and WHEREAS, this is a one year contract, with an option to renew for two (2) additional one -year periods. 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. s.pr17839 Section 2. That, the City Manager is hereby authorized and directed to execute, on behalf of the City of Port Arthur, the contract with Joey's Tractor Service for grass cutting on Pleasure Island, in substantially the same form as attached hereto as Exhibit "B ". Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of 2013 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia R. Tizeno, City Attorney s.pr17839 APPROVED FOR ADMINISTRATION: Floyd T. Johnson, City Manager Aillikk Jig Dike, Flea re Island Director Y clAc t _A-J4L_C) , -- 4. 1,_.A.1 Shawna Tubbs, Purchasing Manager s.pr17839 1 EXHIBIT "A" s.pr17839 CITY OF PORT ARTHUR TEXAS ` Bid Tabulation 9 4,.t rt���"� Mowing of Pleasure Island BID OPENING DATE: July 10, 2013 Five Star Lawn Knepp Affordable Joey's Tractor Sandra's Service Enterprises LLC Lawn Care Service Enterprises, Inc Cost Per Cost Per Cost Per Cost Per Cost Per Description Section Section Section Section Section Mowing $3,145.00 $ 957.10 $2,926.00 $1,800.00 Withdrew Section 1 Weed eating $1,140.00 $1,576.40 $ 200.00 $1,000.00 Withdrew Mowing $1,815.00 $ 561.00 $1,608.00 $1,000.00 Withdrew Section 2 Weed eating $ 660.00 $ 924.00 $ 100.00 $ 650.00 Withdrew Mowing $2,860.00 $ 884.00 $2,664.00 $1,600.00 Withdrew Section 3 Weed eating $1,040.00 $1,456.00 $ 200.00 $1,000.00 Withdrew Mowing $1,485.00 $ 450.50 $1,312.00 $1,000.00 Withdrew Section 4 Weed eating $ 540.00 $ 742.00 $ 100.00 $ 300.00 Withdrew Mowing $1,265.00 $ 387.60 $1,287.00 $1,000.00 Withdrew Section 5 Weed eating $ 460.00 $ 638.40 $ 100.00 $ 140.00 Withdrew Total $14,410.00 88,577.00 $10,497.00 $9,490.00 Withdrew Location Beaumont, TX Port Neches, TX Port Arthur, TX Port Arthur, TX Port Arthur, TX Acknowledge Addendum No. 1 yes yes yes yes 1 1/ 2/ j .� 44& , V4k q 66, ( / l' anda Scypion -Gou. caux, P rchasing Assist nt Date 1 EXHIBIT "B" s.pr17839 CONTRACT FOR THE GRASS CUTTING SERVICES AND LANDSCAPE MAINTENANCE FOR PLEASURE ISLAND 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's Lawn and Tractor Service a(n) individual herein acting by and through Joey Villemez, Owner, 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 for one year from the date of execution of the contract and the Notice to Proceed, with the option to renew for two (2) additional one -year periods. 2. The Contractor will perform grass cutting services and landscape maintenance on Pleasure Island 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 perform all work in 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. 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) Specification 3) General Information 4) Addendum 5) Bid 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. s.pr17839 7. 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 and agreed on the day of , 2013. JOEY'S TRACTOR SERVICE, CONTRACTOR P. O. Box 43 Port Arthur, Texas 77640 (409) 728 -1668 By: (Contractor's Signature) Print Name: Title: Signed and agreed on the day of , 2013. CITY OF PORT ARTHUR By: Floyd T. Johnson City Manager P.O. Box 1089 Port Arthur, TX 77641 -1089 (409) 983 -8101 s.pr17939 DELORIS "BOBBIE" PRINCE, MAYOR / FLOYD T. JOHNSON ROBERT E. `BOB" WILLIAMSON, MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of C441 SHERRI BELLARD ( } CITY SECRETARY RAYMOND SCOTT, JR. �\ ! ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III r t rt h t;; VAL TREND ROBERT TROY CITY ATTORNEY WILLIE `BAE" LEWIS, JR. as DERRICK FREEMAN KERRY "TWIN" THOMAS JUNE 25, 2013 INVITATION TO BID MOWING OF VARIOUS CITY PROPERTIES ON PLEASURE ISLAND DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 10 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, July 10, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Pleasure Island 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 YolandaAportarthur.net Questions concerning the Scope of Work should be directed in writing to: Soutex Surveyors & Engineers 3737 Doctors Drive Port Arthur, Texas 77642 ssurveyorsincngt.rr.com 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 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 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 Mowing of Pleasure Island will be held on Tuesday, July 2, 2013 at 10:00 a.m. at the Pleasure Island Commission located at 520 Pleasure Pier Blvd., 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 MOWING OF VARIOUS CITY PROPERTIES ON PLEASURE ISLAND (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 Specifications for Mowing of Pleasure Island 1. LOCATION OF PROPERTY Port Arthur's Pleasure Island, an 18.5 mile long man -made body of land, extends from the mouth of the Neches River on the northwest to the Sabine Causeway on the southeast and is surrounded by Sabine Lake and the Sabine Neches Intracoastal Waterway. 2. PROJECT AREAS — See attached Map A. Section 1- Approximately 56.3 Acres which includes Fun Island Park area and other areas as shown on Key Map, inside the Martin Luther King Drive loop from bridge, along Lakefront Park Road. B. Section 2 - Approximately 33 Acres which include open area between Sections 1 and 3 as shown on Key Map, along Martin Luther King Drive from South Levee Entrance Road to end of grass area. C. Section 3 - Approximately 52 Acres which include an RV Park, a music area, armory, and adjacent areas as shown on Key Map, inside Wave Barrier Road, South Levee Entrance Road, and T.B. Ellison Parkway from Intercoastal Canal inward. D. Section 4 - Approximately 26.5 Acres which include the Marina area as shown on Key Map, being each area along both sides Pleasure Pier Boulevard. E. Section 5 - Approximately 22.8 Acres, which include areas North, South, and East of Mariners Cove / Marina Colony as shown on Key Map, along T. B. Ellison Parkway, the water side of High Seas, and Basin Road; area does not include Marina Colony housing division. F. Contactors will receive maps at Pre -Bid Meeting. 3. SCOPE OF WORK 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. 4. WORK ASSIGNMENT The Contractor will be given a schedule as to what week each area will be cut. Failure to contact City's representative as laid out in these specifications may result in the termination of this contract. Assignment shall begin within 48 hours as to the agreed upon date and completed within 24 hours of start. Time extension may be granted due to inclement weather or other act of nature only when contractor request for such extension is submitted to the City's representative. The Schedule will have a start time and a cut -off time; all invoices will be due the last week of mowing. Page 5 of 17 5. MOWING SPECIFICATIONS A. 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. B. 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. C. Ruts caused by contractor's equipment shall be filled at contractor's expense. D. 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. E. Ditches shall be cut with slope mower to avoid rutting or by other mean approved by City's representative. 6. MONOFILAMENT TRIMMING A. Contractor shall neatly trim (cut and /or using a weed - eater), along and around poles, signs park apparatus, tables and structures. Weed eating may not always be needed. B. 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. C. 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. D. Rear discharge mowing will be required along all public traveled areas, playgrounds, marina and parking areas. 6. PAYMENT The contractor will submit two (2) copies of an invoice in the amount as stipulated on Bid schedule to the City of Port Arthur 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 constrains allowed. 7. EMERGENCY PLAN 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 Director of the Pleasure Island Commission, all equipment failures, breakdowns, and rain days Page 6 of 17 in writing within twenty -four (24) hours. Additional mowing can be assigned to other contractors to help alleviate backlogs. 8. CONTRACT PERIOD This Contract shall be for a twelve (12) month period with the option to renew two (2) additional one year periods. NO CONTRACTOR WILL BE AWARDED MORE THAN THREE (3) AREAS. IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE DOCUMENTATION THAT THEIR COMPANY HAS THE EQUIPMENT AND MANPOWER TO MAINTAIN THEIR GRASS CUTTING OBLIGATION. Page 7of17 CY fL CITY OF PORT ARTHUR, TEXAS i `mss•- ADDENDUM NO. ONE (1) .art r:knr Teta, July 8, 2013 Bid Proposal For: Mowing of Pleasure Island The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. Rotary Mowers can be used. 2. Don't use roundup around the park areas. 3. No spraying of weeds on Pleasure Island. 4. Pay attention to all areas that need weed eating. 5. Please provide a list of all equipment that are owned or leased by your company. 6. Contract will be for fifteen (15) months with the option to renew two (2) additional one (1) year periods. 7. Replace the Bid Sheet in the Bid Package with the attached Revised Bid Sheet. If you have any questions, please contact the Purchasing Division at 409 - 983 -8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Shawna Tubbs, CPPO, CPPB Purchasing Manager • • — 3 — to - 2013 . Sign re of roposer Date Page8 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Mowing of Pleasure Island BID DUE DATE: July 10, 2013 ITEM # DESCRIPTION COST PER SECTION • SECTION 1 MOWING $ I E DD .00 WEEDEATING $ 1000 • 0 0 SECTION 2 MOWING $ 1 D OD . Do WEEDEATING $ 6 co O D SECTION 3 MOWING $ 1 boo . OO WEEDEATING $ 1 0 DO • G 0 SECTION 4 MOWING $ 1600. D 0 WEEDEATING $ 300 . bO • SECTION 5 MOWING $ 1006 .0 0 WEEDEATING $ 1 4-i' . 00 70e., `S Tractor .5 erut'ce ,Z I OD b l" ('nMPANY NAME STREET ADDRESS r. _ - P.O. B SIG ' ATU OF : ID ) ER • L ey. 1J1lere Pr+ Ak y S PRINT OR TPE NAME CITY STATE ZIP 0 LA A Lf.0q '7253 -j6 TI TL E AREA CODE TELEPHONE NO Sa z oGricu'1., 6 none EMAIL • , FAX NO. • Page8 of 17 • BID OPENING: July 10, 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 J d . , S i r A L+o r S e rr vice ADDRESS ` 1 oD 6 1 1-11 �� CITY /STATE/ZIP PO r 't' � r h t•1,f T e xG s V't 0 SEND PURCHASE ORDER TO: COMPANY TO ey ' s Tv4cfor vic ADDRESS 7 00 6 1 14 ' fi CITY /STATE /ZIP PO r i r+ k („ l e cc S 1 7 a L' d TAX IDENTIFICATION NUMBER 0 n F i e Page 9 of 17 AFFIDAVIT All pages in Offeror's Responses containing statements, Ietters, 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. Tot, I ra,c +or Set•Jl'ce i-1-.16(13 Firm Name Date 1V ` a..✓ „er Auth , • ed ;` gnature Ai Jo ey VILiez 4.0 ct - 7.Z ? -1 d 6 Name (please print) Telephone t o e. v111 a w, e z G w► A 1 • c D rti Email Y STATE: Te y COUNTY:Tegef C) A SUBSCRIBED AND SWORN to before me by the above named J Oe ( VI 1 ( P.7.— _ m on this the `�l h day of J (A_ f . , 20 13 . Y f. ".... 4 DANA HAMM ` / � 1t //L/ f Nota Public (4 ` 1 MY COMMISSION EXPIRES Notary { � , :„§( �2�r October 13, 2016 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 17 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. I Joey � /I ` Joey VI 2. Check this box if you are fling 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. ro et, 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? El 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? El 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? I I Yes © No D. Describe each employment or business relationship with the local government officer named in this section. 4. "!/ �� - aoI 3 Sig re of - rson doing busine he governmental entity Date Page 11of17 Equipment list for Joey's Tractor Service Tractors T190a with 15ft cutter TL80 with 15ft cutter tn65 with 15ft cutter tn65 with 15ft cutter ford 3910 with 6ft cutter ford 3600 with 6ft cutter ford 3930 with 6ft grader box Zero turn mowers Ferris 7200 with cat diesel 72" cut Ferris 7200 with cat diesel 72" cut Kubota ZD331 60 "cut Misc. equipment 5 weedeaters 3 blowers 2 edgers 13 point road edger for tractor 3 model 305 rotary cutters 3 6 ft rotary cutters 3 chain saws 2 pole saws 5 trailers more not listed 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 42 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 contracts for the City of Port Arthur now . Commercial Certificate of Insurance - uoP "- FARMERS Agency • Jeff Burdick Insurance Agency • Name PO Box 1980 Issue Date (MM /DD /YY) 12/14/2011 & . Winnie, TX 77665 Address e This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the 19 57 88 coverage afforded by the policies shown below. St. Dist. Agent Companies Providing Coverage: Insured Percy J. Villemez Jr company A Truck Insurance Exchange Name • DBA Joey's Tractor Service company BFarmers Insurance Exchange & . 2700 61st Street richer Address Port Arthur, TX 77640 company Chid- Century Insurance Company Company D Letter CbveregEs This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance — afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. Co. Type of Insurance Policy Number Date (tv>NtinD Y Dat urvY) Policy limits Ur. A 4, (Meal Liability 075993196 04/30/2012 04/30/2013 General Aggregate $ 1,000,000 Products-Comp /OPS Commercial General Aggregate $ Liability Personal & - Occurrence Version Advertising Injury $ 1,000,000 Contractual - Incidental Each Occurrence $ 1,000,000 Only Fire Damage (Any one fire) $ 50,000 Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 A1cncbileIJability Combined Single All Owned Commercial Limit $ Autos Bodily Injury Scheduled Autos 1 (Per person) $ Hired Autos I Bodily Injury (Per accident) $ Non -Owned Autos Garage liability I Property Damage $ Garage Aggregate $ Ltrtrdla Liability IJmit $ Warka& CbrrpaEation 3atttory Each Accident $ axi Disease - Each Employee $ Etpk7Je S' Liability Disease - Policy Limit $ Description of Operations/ Vehicles/Restrictions /Special items: art ificaleI -bder Oral • City of Port Arthur Texas Should any of the above described policies be cancelled before the expiration date Name thereof, the issuing company will endeavor to mail 30 days written notice to the & certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative Address • s Jeff Burdick Authorized Representative 56-2492 4-94 Copy Distribution: Service Center Copy and Agent's Copy " -0` 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. Page 12 of 17 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. 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.: Pleasure Island, 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. Page 13 of 17 1 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. 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 Page 14 of 17 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. 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 Page 15 of 17 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 16 of 17 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