Right-of-Way_Mowing_Services_-_Finish_Cut.pdf

INVITATION TO BID

ITB #2023-04B

RIGHT-OF-WAY MOWING SERVICES - FINISH CUT

City of Rosenberg

2110 4th Street

Rosenberg, TX 77471

RELEASE DATE: August 24, 2022

DEADLINE FOR QUESTIONS: September 9, 2022

RESPONSE DEADLINE: September 15, 2022, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/rosenbergtx https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Rosenberg

INVITATION TO BID

Right-of-Way Mowing Services - Finish Cut

I. Introduction II. Legal Notice

III. Instructions, Terms and Conditions IV. Specifications V. Vendor Questionnaire

VI. Pricing Proposal

Attachments:

A - Map Book

Invitation To Bid #2023-04B Title: Right-of-Way Mowing Services - Finish Cut

1. INTRODUCTION

1.1. Summary

The City of Rosenberg is seeking a qualified supplier to provide Finish Cut Mowing Services as described in this Invitation to Bid.

1.2. Contact Information

Blake Skiles

Purchasing Manager

2110 4th Street

Rosenberg, TX 77471

Email: tskiles@rosenbergtx.gov

Phone: (832) 595-3363

Department:

Public Works

1.3. Timeline

Release Project Date August 24, 2022

Advertisement 1 August 28, 2022

Advertisement 2 September 4, 2022

Pre-Proposal Meeting (Mandatory) September 7, 2022, 10:00am

Virtual meeting via Microsoft Teams:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDgzOGQ1ODgtNTQxZC00MD hhLThmYjEtNjk3Y2IxY2M2NzU5%40thread.v2/0?co ntext=%7b%22Tid%22%3a%2200b73372-8cf6-

4d8a-bf2b-d65bddc3f3ac%22%2c%22Oid%22%3a%22bacd2b4

4-08a5-456a-b271-bdeff233ca5d%22%7d

Question Submission Deadline September 9, 2022, 5:00pm

Proposal Submission Deadline September 15, 2022, 2:00pm mailto:tskiles@rosenbergtx.gov tel:(832)595-3363 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDgzOGQ1ODgtNTQxZC00MDhhLThmYjEtNjk3Y2IxY2M2NzU5%40thread.v2/0?context=%7b%22Tid%22%3a%2200b73372-8cf6-4d8a-bf2b-d65bddc3f3ac%22%2c%22Oid%22%3a%22bacd2b44-08a5-456a-b271-bdeff233ca5d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDgzOGQ1ODgtNTQxZC00MDhhLThmYjEtNjk3Y2IxY2M2NzU5%40thread.v2/0?context=%7b%22Tid%22%3a%2200b73372-8cf6-4d8a-bf2b-d65bddc3f3ac%22%2c%22Oid%22%3a%22bacd2b44-08a5-456a-b271-bdeff233ca5d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDgzOGQ1ODgtNTQxZC00MDhhLThmYjEtNjk3Y2IxY2M2NzU5%40thread.v2/0?context=%7b%22Tid%22%3a%2200b73372-8cf6-4d8a-bf2b-d65bddc3f3ac%22%2c%22Oid%22%3a%22bacd2b44-08a5-456a-b271-bdeff233ca5d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDgzOGQ1ODgtNTQxZC00MDhhLThmYjEtNjk3Y2IxY2M2NzU5%40thread.v2/0?context=%7b%22Tid%22%3a%2200b73372-8cf6-4d8a-bf2b-d65bddc3f3ac%22%2c%22Oid%22%3a%22bacd2b44-08a5-456a-b271-bdeff233ca5d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDgzOGQ1ODgtNTQxZC00MDhhLThmYjEtNjk3Y2IxY2M2NzU5%40thread.v2/0?context=%7b%22Tid%22%3a%2200b73372-8cf6-4d8a-bf2b-d65bddc3f3ac%22%2c%22Oid%22%3a%22bacd2b44-08a5-456a-b271-bdeff233ca5d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDgzOGQ1ODgtNTQxZC00MDhhLThmYjEtNjk3Y2IxY2M2NzU5%40thread.v2/0?context=%7b%22Tid%22%3a%2200b73372-8cf6-4d8a-bf2b-d65bddc3f3ac%22%2c%22Oid%22%3a%22bacd2b44-08a5-456a-b271-bdeff233ca5d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDgzOGQ1ODgtNTQxZC00MDhhLThmYjEtNjk3Y2IxY2M2NzU5%40thread.v2/0?context=%7b%22Tid%22%3a%2200b73372-8cf6-4d8a-bf2b-d65bddc3f3ac%22%2c%22Oid%22%3a%22bacd2b44-08a5-456a-b271-bdeff233ca5d%22%7d

2. LEGAL NOTICE

2.1. Notice to Bidders

The City of Rosenberg is soliciting sealed bids from qualified vendors for Right-of-Way Mowing Services -

Finish Cut.

Sealed Bids must be submitted electronically or received by the City Secretary’s Office no later than:

2:00 pm, Thursday, September 15, 2022.

All sealed bids must be received either electronically or at the designated location by the deadline shown. Bids received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable.

All bids will be opened, and bidder’s names publicly read aloud promptly in the City Hall Council

Chamber, at 2110 4th Street, Rosenberg, Texas 77471, at 2:00 pm, Thursday, September 15, 2022.

A mandatory pre-bid meeting for all interested parties will be held at 10:00 am, Wednesday, September

7, 2022, via virtual meeting. Meeting details will be posted on:

https://procurement.opengov.com/portal/rosenbergtx

To obtain a copy of the Invitation to Bid or submit an electronic bid please visit:

https://procurement.opengov.com/portal/rosenbergtx

If a Bidder chooses to submit a Hard Copy Bid, it must be delivered in a sealed envelope with a return address and clearly marked “City of Rosenberg Invitation to Bid (ITB No. 2023-04B). DO NOT OPEN IN

THE MAIL ROOM.” The bidder’s firm name shall appear on the outside of the envelope.

Submit Hard Copy Bids to:

City of Rosenberg

City Secretary’s Office

2110 4th Street * P.O. Box 32

Rosenberg, Texas 77471

ITB No. 2023-04B – DO NOT OPEN IN MAIL ROOM

The point of contact for this solicitation is City of Rosenberg Purchasing Manager Blake Skiles, NIGP-CPP, CPPB, CPPM, CPP, CPC. Should you have any questions or require additional information or clarification on information contained in the ITB, please submit your questions via OpenGov Procurement at the website listed above no later than 5:00 pm on Friday, September 9, 2022.

The City reserves the right to reject any or all bids and to waive informalities in bids. In case of ambiguity or lack of clearness in stating the prices in any bid, the City reserves the right to consider the most advantageous construction thereof, or to reject the bid. The award will be made to the responsible bidder who provides services at the best value to the City.

https://procurement.opengov.com/portal/rosenbergtx https://procurement.opengov.com/portal/rosenbergtx

Danyel Swint, TRMC, City Secretary

3. INSTRUCTIONS, TERMS AND CONDITIONS

3.1. General Instructions

The City of Rosenberg will receive sealed bids for the goods/services described in this Invitation to bid

(ITB).

IT IS UNDERSTOOD that the City Council of the City of Rosenberg reserves the right to reject any or all bids for any or all products and/or services covered in this Invitation to Bid and to waive any informalities or defects in such bids.

BIDDER RESPONSIBILITY

Bid must be submitted on the pricing forms included for that purpose in this packet. Each bid shall be acknowledged by a person having the authority to bind the firm in a contract.

FACSIMILE AND/OR EMAIL TRANSMITTALS SHALL NOT BE ACCEPTED AND WILL BE VOIDED IF

RECEIVED.

Bidders should carefully examine all terms, conditions, specifications and related documents. Should a bidder find discrepancies in, or omissions from, the specifications or related documents, or should there be a doubt as to their meaning, the City of Rosenberg Purchasing Office should be notified immediately for clarification prior to submitting the bid. In the event of any conflict between the terms and conditions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, the City of Rosenberg’s interpretation shall govern.

DOCUMENTATION

Bidder shall provide with this bid response all documentation required by this ITB. Failure to provide this information may result in rejection of bid.

DESCRIPTIONS

Specifications may reference any catalog, brand name or manufacturers’ model numbers. It is the intent of the City of Rosenberg to be DESCRIPTIVE – NOT RESTRICTIVE and to establish a desired quality level of merchandise or to meet a pre-established standard of quality. Bidders may offer items of equal quality and the burden of proof of such quality rests with them.

PRICING

Bidders are instructed to bid the unit price on the item(s) specified. Prices for all goods and/or services shall be firm for the initial contract term and shall be stated on the bid sheet. Prices shall be all inclusive.

No price changes, additions or subsequent qualifications will be honored during the course of the contract unless approved by both parties. Additional charges not shown on the bid will not be honored.

FIRM PRICING

Pricing and discounts submitted are firm for the initial contract term specified in the solicitation. Price decreases are allowed at any time. Price increases shall only be considered as stipulated below in paragraph, “PRICE ADJUSTMENTS”.

PRICE ADJUSTMENTS

Prices must be firm for a period of one year from date of contract award. Any request for price adjustment must be based on the Houston-The Woodlands-Sugar Land Statistical Area (HWS) Consumer

Price Index (CPI), as determined by US Bureau of Labor Statistics. The price will be increased or decreased based upon the April index, published mid-May for the HWS CPI or the most recent index published, if April index not yet published. The maximum escalation will not exceed +/- 2.5% for any individual year. The escalation will be determined annually at the renewal date. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration.

Request(s) must be submitted in writing with supporting evidence for need of such increase to the

Purchasing Office at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request.

Upon receipt of such request, the City of Rosenberg reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Rosenberg written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre- price increase costs must be honored on orders dated up to the official date of the City of Rosenberg approval and/or cancellation.

PRICE DECREASES / DISCOUNT INCREASES

Vendors are required to immediately implement any price decrease or discount increase that may become available. The City of Rosenberg must be notified in writing for the purposes of updating the contract.

SALES TAX

City of Rosenberg is exempt by law from payment of Texas Sales Tax and Federal Excise Tax. As such, tax should not be included in bid.

ADDENDA

Any interpretations, corrections or changes to this Invitation to Bid and Specifications will be made by addenda. Sole issuing authority of addenda shall also be vested in the City of Rosenberg Purchasing

Office.

ISSUANCE OF ADDENDA

As addenda is issued, it shall be posted via the City's eProcurement Portal. It is the bidder's responsibility as the supplier to review all addenda posted prior to the completion and submission of the bid. All addenda should be reviewed and considered in the submission of the bid as it pertains to the pricing and scope of work outlined herein.

Bidders are responsible for checking the City's eProcurement Portal regularly for any changes to the bid documents, such as addenda, clarifications, and questions. The City can only guarantee the accuracy and completeness of information on the City's eProcurement Portal. If another agency or construction data website references this project, please also refer to the City's eProcurement Portal or contact the City of

Rosenberg Purchasing office at (832) 595-3363 to verify completeness of the data.

LATE BIDS

Bids received by the City after the submissions deadline will be considered VOID and unacceptable. City of Rosenberg is not responsible for lateness, failure on technology or non-delivery of mail, carrier, etc.

The date/time stamp in the City Secretary’s office shall be the official time of receipt.

BID WITHDRAWAL

Any bid may be withdrawn and/or edited prior to the scheduled time for opening via the City's eProcurement Portal.

BID REJECTION

City Council may choose to reject all bids and not award any contract.

BID AWARD

The City shall award the contract to the lowest responsive and responsible bidder(s) under each section, providing the best value to the City meeting or exceeding the terms, conditions and specifications of the bid. The City has the right to award contracts upon the conditions, terms and specifications contained in a bid submitted to the City for a period of up to one hundred and eighty (180) days following the date specified for the opening of bids.

In determining the lowest responsive and responsible bidder, the City may consider:

1. Whether the bidder has adequate financial resources to comply with the contract awarded;

2. Whether the bidder has a satisfactory record of performance with the City or other entities;

3. Any other factors that could be material to the bidder’s ability to comply with the contract;

4. Principal place of business for bidder(s) whose bid for real property is within three (3) percent of the lowest bid price received from non- resident bidders (Texas Local Government Code 271.905); and

5. Principal place of business for bidder(s) whose bid of construction services in an amount less than

$100,000.00, or a contract for purchases less than $500,000.00, is within five (5) percent of the lowest bid price received from non-resident bidders (Texas Local Government Code 271.90).

3.2. Contract Term

CONTRACT TERM

Contract shall commence on the latest date executed by both parties and continue until 09/30/2023.

The term of the Contract may renew annually, upon mutual agreement for Four (4) additional one-year term(s) under the terms and conditions provided herein, unless written notice of a party’s intent not to renew is received by the other party on or before thirty (30) days before the expiration of the then current term.

3.3. Mandatory Terms and Conditions

Because the City of Rosenberg is a governmental entity that must follow State and Federal Laws and has an obligation to protect its taxpayers, the City requires that certain terms be included in the contract that results from this solicitation. Your response to this solicitation is an offer to contract with the City based on the terms, conditions and specifications contained in this solicitation. If any of the mandatory contract terms are unacceptable to your firm, please do not respond to this solicitation.

CONFLICTING PROVISIONS

The contract consists only of the city-prepared contract and any additional city or vendor contract documents incorporated by reference as a part of the contract. If a conflict or inconsistency exists between the city-prepared contract and a document incorporated by reference, the city-prepared contract controls. If a conflict or inconsistency exists between an additional contract documents incorporated by reference, the city’s additional contract document takes precedence over the contractor’s additional contract document.

PAYMENT PROVISIONS

The City’s payments are under the Contract, including the time of payment and payment of interest on overdue amounts, are subject to Chapter 2251, Texas Government Code.

MULTIYEAR CONTRACTS

If the City Council does not appropriate funds to make any payment for a fiscal year after the City’s fiscal year in which the contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year. (Section 5, Article XI, Texas Constitution)

LIABILITY AND INDEMNITY

Any provision of the Contract is void and unenforceable if it:

1. Limits or releases either party from liability that would exist by law in the absence of the provision;

2. Creates liability for either party that would not exist by law in the absence of the provision; or

3. Waives or limits either party’s rights defenses, remedies or immunities that would exist by law in the absence of the provision (Section 5, Article XI, Texas Constitution)

INSURANCE REQUIREMENTS

Successful bidder (as Contractor) must maintain the insurance types and coverages and comply with the insurance requirements shown in the Owner’s Minimum Insurance Policy Limits outlined as part of the

Invitation to Bid.

Within ten (10) days of the initial request; prior to City Council’s award of the contract, the successful bidder must furnish original certificates of insurance and corresponding endorsements that meet these insurance requirements.

CONFIDENTIALITY

Any provision in the Contract that attempts to prevent the City’s disclosure of information subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid. (Chapter 552, Texas Government Code)

TAX EXEMPTION

The City is not liable to Vendor for any federal, state or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section 151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any item. The city’s Tax Exemption Certificate will be furnished by the city on request of the contractor.

CONTRACTUAL LIMITATIONS PERIOD

Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void. (Sections 16.061 and 16.070, Texas Civil Practice and

Remedies Code)

GOVERNING LAW AND VENUE

Texas law governs this Contract and any lawsuit on this Contract must be filed in a court that has jurisdiction in Fort Bend County, Texas.

TERMINATION FOR CONVENIENCE

The City may terminate the Contract and/or any other Agreement(s) for convenience and without cause or further liability, upon no less than thirty (30) calendar day’s written notice to the Successful Bidder.

The City reserves the right to extend this period if it is in the best interest of the City. In the event the

City exercises its right to terminate without cause, it is understood and agreed that only the amounts due to the Successful Bidder for goods, commodities and/or services provided and expenses incurred to and including the date of termination, will be due and payable. No penalty will be assessed for the City's termination for convenience.

TERMINATION FOR CAUSE

The City of Rosenberg reserves the right to terminate the contract immediately in the event the successful bidder:

1. Fails to meet delivery schedules;

2. Defaults in the payment of any fees;

3. Otherwise fails to perform in accordance with this contract;

4. Becomes insolvent and/or files for protection under bankruptcy laws.

Such termination is in addition to and not in lieu of any other remedies that City of Rosenberg may have in law or equity. Bidder, in submitting this bid, agrees that City of Rosenberg shall not be liable to prosecution for damages in the event that the City declares the bidder in default.

FORCE MAJEURE

If the party obligated to perform is prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of said party, the other party shall grant such party relief from the performance. The burden of proof for the need of such relief shall rest upon the party obligated to perform. To obtain release based on force majeure, the party obligated to perform shall file a written request with the other party.

EX-PARTE COMMUNICATION

Please note that to ensure the proper and fair evaluation of a response to a solicitation, the City prohibits ex-parte communication (e.g. unsolicited) initiated by the Respondent to any Department

Head, City Employee or Committee Member evaluating or considering the responses prior to the time a formal decision has been made. Questions and other communication from vendors will be permissible by the means established in the solicitation until the day and time specified as the deadline for questions. Any communication between Respondent and the City after the deadline for questions will be initiated by the appropriate City Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the response. Ex-parte communication may be grounds for disqualifying the offending Respondent from consideration or award of the solicitation then in evaluation. If a Respondent violates these provisions more than once in a three (3) year period, the

Purchasing Manager may debar the Respondent from the sale of goods or services to the City for a period not to exceed three (3) years.

3.4. Other Terms and Conditions

REMEDIES

The successful bidder and City of Rosenberg agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code.

CONFLICT OF INTEREST

No public official shall have interest in this contract except in accordance with Vernon’s Texas Codes

Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.

ETHICS

The respondent shall not offer or accept gifts or anything of value or enter into any business arrangement with any employee, official or agent of City of Rosenberg. More than one proposal on any one contract from a Respondent or individual under different names shall be grounds for rejection of all proposals in which the Respondent or individual has an interest. One or all proposals will be rejected if there is any reason to believe that collusion exists between Respondents.

PURCHASE ORDER

City of Rosenberg shall generate a purchase order to the successful bidder. The Purchase order number must appear on all invoices, packing lists and all related correspondence. City of Rosenberg will not be responsible for any orders placed and / or delivered without a valid Purchase Order number.

DELIVERY

Any delivery and freight charges (FOB Rosenberg designated location) are to be included in the bid price.

PACKING SLIPS

Packing Slips or other suitable shipping documents shall accompany each shipment and shall show:

1. Vendor Company Name and Address

2. Name and address of City of Rosenberg department the shipment is being made to

3. City of Rosenberg purchase order number

4. Descriptive information as to the items delivered, including quantity and part numbers

INVOICES

Invoices submitted for payment shall be addressed to:

City of Rosenberg - Accounts Payable

P.O. Box 32

Rosenberg, TX 77471

Email: accountspayable@rosenbergtx.gov and shall reference the City of Rosenberg approved purchase order number. Periodic payments will be made within 30 days of invoice date or satisfactory delivery of the product or service, whichever is later, provided that all other requirements as detailed in the contract have been fulfilled.

QUALITY CONTROL

Goods supplied under this contract shall be subject to approval as to quality and must conform to the highest standards of manufacturing practice. Items found defective or not meeting specifications shall be replaced at the supplier’s expense within a reasonable period of time. Payment for defective goods or goods failing to meet specifications is not due until 30 days after satisfactory replacement has been made.

WARRANTY

Successful bidder shall warrant that all items or services shall conform to the proposed specifications and all warranties state in the Uniform Commercial Code and be free from all defects in material, workmanship and title.

PATENTS / COPYRIGHTS

The successful bidder agrees to protect City of Rosenberg from claims involving infringements of patents and/or copyrights.

NOTICE

Any notice provided by this bid or required by law to be given to the successful bidder by City of

Rosenberg shall be deemed to have been given and received on the next business day after such written notice has been deposited in the US Mail in Rosenberg, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful bidder at the address so provided;

provided this shall not prevent the giving of actual notice in any other manner.

ASSIGNMENT

The successful bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of City of Rosenberg.

SILENCE OF SPECIFICATIONS

The apparent silence of the 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. All interpretations of the specifications shall be made on the basis of this statement.

COOPERATIVE PURCHASING PROGRAM

During the term of the Contract resulting from this ITB, the City would like to afford the same prices, terms and conditions to other political subdivisions or public entities. Another entity's participation in the Contract resulting from this ITB is subject to a properly authorized Purchasing Cooperative Inter-local Agreement with the City. Any liability created by purchase orders issued against the Contract shall be the sole responsibility of the governmental agency placing the order.

4. SPECIFICATIONS

4.1. Introduction

The required Finish Cut mowing areas included in this Contract consist of:

• Areas Throughout the City as described in Attachment A.

(Location maps of the specific mowing areas are included in Section 7 - Attachments)

4.2. Vendor Qualifications

Bidders must establish the firm’s work experience and abilities by providing references for clients with two (2) years or more of completed service:

• Three (3) verifiable clients within Fort Bend County or the Greater Houston Area

Proven ability to perform scope of services utilizing staff experienced in grounds maintenance services.

Staff shall be licensed by Texas Department of Agriculture with current certification as Texas Pest

Control Applicator. Copies of Licenses shall be included with bid submittal.

Successful bidder may be required to demonstrate proof of financial stability by providing financial statements.

4.3. Finish Cut Mowing Requirements

Successful bidder shall perform mowing services for an annual total of twenty (20) designated cycles for finish cut areas as follows: Every two weeks during the growing season (April 1 – October 31), and monthly during the non-growing season (November 1 – March 31).

Prior to beginning operations, the Public Works Director or designee shall arrange a conference between the City’s designated representative and the Contractor. In this meeting, the Contractor will outline

Contractor’s proposed mowing procedures and submit Contractor’s plans for performing the work with safety to the general public. Plans, specifications, unusual conditions, methods for marking non-mow areas and other pertinent issues regarding work will be discussed.

The Contractor shall complete each mowing cycle within seven (7) working days unless prevented by weather conditions. Any weather-related time extensions requested by the Contractor and granted by the City representative should be in writing. The Contractor shall notify the City representative to request inspection of each finished mowing site and receive approval by the representative for acceptance of completed work once a month.

Grounds maintenance shall be performed Monday through Friday, 8:00 A.M. to 5:00 P.M., excluding

City-observed holidays. Service to be performed outside of these designated days and hours must have prior approval of the designated City representative.

If the Contractor fails to complete the work within each seven (7) day mowing cycle time, or extension time granted in writing by the City representative, then the Contractor shall pay to the City of

Rosenberg, as liquidated damages, the sum of ($100.00) ONE HUNDRED DOLLARS AND ZERO CENTS for each working day that the Contractor is in default for that mowing cycle. The sum shall be treated as liquidated damages and not as a penalty, and the Public Works Director or designee may withhold from the Contractor’s compensation such sums as liquidated damages.

Mowers shall be operated at speeds appropriate to produce quality cutting.

Mower operators will establish cutting paths that provide 100% traverse coverage of each area required to be mowed. Missed stands of vegetation or areas not uniformly cut will be re-cut at no additional cost subject to final approval by the City’s representative. Grass in areas shall be mowed between one and three inches (1” – 3”) in height.

Ruts, holes and other disfigurement caused by the Contractor’s mowing equipment shall be the responsibility of the Contractor to restore to original condition. If Contractor is in doubt as to soil conditions (wet, muddy, etc.) before mowing, he is required to contact the City representative before commencing work.

Curbs, gutters, pavers, esplanades, sidewalks, fire hydrants, walls, fences, sign poles, light poles, driveways, culverts, trees, other landscapes, etc. will be string line trimmed around during each mowing cycle.

DEBRIS THROWN ON THE ROADWAY. The Contractor shall immediately remove and properly dispose of any debris thrown on any roadway (trash, litter, tires, shopping carts, signs, limbs, etc.). In addition to debris removal, mud that is tracked or dragged onto any roadway by mowers shall be removed immediately.

LITTER. The Contractor shall provide litter and debris pick-up at each location prior to each mowing cycle. Debris includes, but is not limited to, tires, trash, shopping carts, stake signs and tree limbs. All litter and debris shall be disposed of by the contractor. Debris and litter may be disposed of in the City dumpster at the Parks and Recreation facility (3720 Airport Avenue), with the exception of grass clippings or tree limbs.

4.4. Method of Operations

All operations described in these specifications shall be conducted by the Contractor’s personnel and the expense of all such operations shall solely be the Contractor’s responsibility.

CONTRACTOR SUPERVISION. The Contractor shall provide, at Contractor’s own expense, competent, full-time supervision of the work at all times while work is in progress. Contractor shall have at least one (1) employee who is bilingual in English and Spanish when performing each maintenance service visit at the project site.

COMPLIANCE WITH CODES. Contractor shall comply with all City, County, State and Federal Codes, Statutes, Laws, Regulations and Ordinances in force at the time of award of contract and applicable to such work. Contractor will utilize appropriate traffic control devices and techniques in accordance with

Texas Department of Transportation guidelines and regulations.

Contractor shall provide their own equipment, labor, fuel, chemicals and any other materials necessary to complete the required work. The Contractor shall be responsible for the maintenance and repair of their own equipment, availability, presence and supervision of their employees. Contractor shall be solely responsible for any equipment damage which may occur throughout the course of work during this contract. Further, the Contractor shall not hold the City responsible for damages.

STORAGE. The City of Rosenberg does not assume responsibility for any materials, tools and equipment stored on or about the premises. The Contractor, upon completion of the work, shall clear each area of all items.

PROTECTION. The Contractor shall provide adequate protection to persons, adjacent property and utilities, and shall avoid interference with such persons, property and facilities. Contractor shall furnish all barricades, warning lights and other safety devices necessary for the safety and protection of the public and shall remove them upon completion of work.

RESPONSIBILITY FOR PROPERTY. Contractor shall assume full responsibility for any loss of or damage to private and public property by employees or agents of the Contractor and will reimburse the private or public entity in the event of any loss of or damage to said property. The City shall not be responsible for loss or damage to Contractor’s property from any cause.

SAFETY. Contractor shall exercise reasonable precautions for the safety of employees and others on or near the work site. Contractor shall comply with all applicable provisions of Federal, State, and local safety laws. All machinery, equipment and other physical hazards shall be guarded in accordance with

Occupational Safety and Health Administration (OSHA), except where incompatible with guards, safe walkways, ladders, bridges, gang planks and other safety devices.

The safety precautions implemented, and their adequacy shall be the sole responsibility of the

Contractor, acting at their discretion as an independent contractor.

4.5. Weather Conditions

For the purpose of this Contract, the National Weather Service (NWS) in Houston, Texas, shall serve as the weather forecasting and reporting agency. Any forecast by the NWS shall be deemed to extend for twelve (12) hours into the future.

Contractor may suspend operations if weather conditions conflict with the Maintenance Schedule. If such suspension is deemed necessary, the Contractor agrees to notify the city representative immediately.

4.6. Equipment

Equipment used during the course of maintenance shall be of sufficient type, capacity, and quantity to safely and efficiently perform the work as specified.

Contractor shall provide a list of equipment, including support equipment, intended to be used for this contract at the time of bid submittal.

All vehicles and equipment used by the contract must be performance worthy by visual and operational inspection.

4.7. Quality Assurance

The Public Works Director or designee shall have the right to perform a complete inspection of all equipment used at any time during the course of the Contract term. Should any of the equipment, when inspected and by the determination of the Public Works Director or designee, not meet standards necessary to operate safely or complete the contract, the Public Works Director or designee may require such equipment to be repaired to standards before being placed back in service. Such standards and technical specifications shall be determined by the Public Works Director or designee in accordance with the technical specifications of this scope of work.

Bidder guarantees services offered shall meet or exceed bid specifications.

4.8. Stormwater Pollution Management

Contractor shall maintain a “spill-kit” with each work crew, of at least a 5-gallon capacity, to contain or mitigate any small fuel or oil spills which may occur during the course of performing the outlined work.

Contractor shall also be responsible to promptly pick up and legally dispose of any contaminated absorbent materials. Contractor shall be solely responsible for any costs associated with disposal as well as notification requirements in accordance with federal, state and local laws.

Contractor shall blow all grass clippings back onto the grass or remove grass clippings from the site. At no time shall the Contractor blow any clippings or debris into any storm sewers.

4.9. Bid Item Quantities

The City may consider it necessary to increase or decrease the number of mowing cycles under the same terms and conditions of this contract, based on but not limited to, factors such as drought, pro-longed wet periods, budget limitations, and management directives.

The City may consider it necessary to increase or decrease the total acreage per category mowing type under the same terms, conditions, and price of this contract. Any increases or decreases more than twenty-five percent (25%) of total acreage per category of mowing type may be negotiated with this contract.

5. VENDOR QUESTIONNAIRE

5.1. Certification

5.1.1. Bid Certification *

Bidder certifies that neither the bidder nor the firm, corporation, partnership or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the anti-trust laws of this State, codified in Section 15.01, et. Seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such fine of business.

Bidder has examined the specifications and has fully informed themselves as to all the terms and conditions. Any discrepancies or omissions from the specifications or other documents have been clarified with City representatives and noted on the bid submitted.

Bidder guarantees product offered shall meet or exceed specifications identified in this ITB.

☐ Please confirm

*Response required

5.1.2. Cooperative Purchasing Participation*

Please select Yes or No. By selecting Yes the Bidder is agreeing to offer the quoted prices to all authorized entities during the term of the City's contract. By selecting No the Bidder is stating they will not offer the quoted prices to all authorized entities. A non-affirmative Bid will in no way have a negative impact on the City's evaluation of the Bid.

☐ Yes

☐ No

*Response required

5.2. Required Verifications

5.2.1. Anti-Boycott & Anti-Terrorism Verifications*

In the event the ensuing contract has a value of $100,000 or more and the company has 10 or more full-time employees:

Nondiscrimination against firearm and ammunition industries. Company verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 19, 87th Legislature, Regular Session.

Anti-Boycott of Energy Companies. Company verifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract, as those terms are defined by Chapter

2274, Government Code, as enacted by S.B. 13, 87th Legislature, Regular Session.

Anti-Boycott of Israel. Company verifies that it does not boycott Israel and will not boycott Israel during the term of this contract, as those terms are defined by Chapter 2271, Texas Government Code, as enacted by H.B. 4170, 86th Legislature, Regular Session.

Foreign Terrorist Organizations. Company verifies that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as those terms are defined by Chapter 2252, Texas Government Code, as enacted by S.B.252, 85th Legislature, Regular Session.

☐ Yes

☐ No

*Response required

5.2.2. COVID-19 Anti-Passport Verification*

In the event the ensuing contract is to be paid in whole or in part with State Funds:

Company Certification Regarding COVID-19 Vaccination. Company certifies that it does not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Company’s business during the term of this contract, and will not require such documentation during the term of this contract, as those terms are defined by Section 161.0085, Texas Health and Safety Code, as enacted by

S.B. 968, 87th Legislature, Regular Session.

☐ Yes

☐ No

*Response required

5.3. Conflict of Interest & Disclosure of Interested Parties

5.3.1. Conflict of Interest Questionnaire *

Sec. 176.006. DISCLOSURE REQUIREMENTS FOR VENDORS AND OTHER PERSONS; QUESTIONNAIRE. (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

Does the vendor have a business relationship with a local government officer of the City of Rosenberg that requires disclosure pursuant to Texas Local Government Code Section 176.006 as defined above?

☐ Yes

☐ No

*Response required

5.3.2. CIQ Form

If vendor answered YES above. Please download the attached CIQ Form, complete and upload.

*This form is not required if you answered no to question 3.1.

• CIQ_Form.pdf

5.3.3. Disclosure of Interested Parties (1295) Form*

DISCLOSURE OF INTERESTED PERSONS – CITY COUNCIL APPROVED CONTRACTS

Under Section 2252.908 of the Texas Government Code – the Commission has approved a Certificate of

Interested Parties form (Form 1295), which must be completed, signed and submitted to the City at the time of bid submission, along with the certification of filing, generated from the Commission’s website.

The Certificate of Interested Persons form is available on the Commission’s website at:

https://www.ethics.state.tx.us/filinginfo/1295/ and the successful Bidder/Proposer must follow the Commission’s filing process adopted pursuant to the statute. The successful contractor’s Certificate of Interested Parties and certification of filing will be attached to the Contract / Agreement.

The City’s identification number (Item 3 on Form 1295) will be 2023-04B.

Please upload your completed 1295 form here.

*Response required

5.4. Required Forms

5.4.1. References*

References must be customers/clients of similar size/scope that you have contracted with within the last two (2) years. Reference must be verifiable clients within the Fort Bend County or Greater Houston Area

Please submit a MINIMUM of three (3) references. Reference must include the following:

● Company Name

● Company Address

● Contact Person

● Phone Number

● Email Address

● Description of goods provided/services performed and the size/scope of services

Do not include the City of Rosenberg or any City employees as references.

https://government-project.s3.us-west-2.amazonaws.com/23967/9ece7e16-dbe5-4d41-8726-7557810e372f_CIQ_Form.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1661446536&Signature=T2tdSjuuxJrNkpgIj1AQ7fphgE8%3D&response-content-disposition=attachment%3B%20filename%3D%22CIQ_Form.pdf%22 https://www.ethics.state.tx.us/filinginfo/1295/

5.4.2. License Upload*

Please upload current staff certifications as Texas Pest Control Applicator as licensed by the Texas

Department of Agriculture.

*Response required

5.4.3. Equipment List*

Contractor shall provide a list of equipment, including support equipment, intended to be used for this contract at the time of bid submittal.

*Response required

5.4.4. Certificate of Insurance*

Minimum Insurance Requirements

Workers Compensation:

● Statutory Limits, State of Texas Employers' Liability:

● Bodily Injury by Accident $500,000 (Each Accident)

● Bodily Injury by Disease $500,000 (Each Employee)

● Bodily Injury by Disease $500,000 (Policy Limit)

Comprehensive General Liability: (including completed operations and contractual liability insurance for bodily injury, death, or property damages)

● $500,000 Per Person

● $500,000 Per Occurrence

● $1,000,000 Aggregate Policy Limits

Comprehensive Automobile and Auto Liability: (covering owned, hired, leased, and non-owned vehicles)

● Bodily Injury (Including Death)

● $500,000 Per Person

● $500,000 Per Occurrence

● Property Damage

● $500,000 Per Person

● $500,000 Per Occurrence

Please upload a copy of your Certificate of insurance here.

6. PRICING PROPOSAL

CYCLE COST

Line Item Description Price Per

Acre Quantity Unit of

Measure Total Cycle

Cost

1 Finish Cut Mowing Services 49.76 Acres

TOTAL

TOTAL ANNUAL COST

Twenty Cycle Cost (20 x Total Cycle Cost Above)

Line Item Description Total Cycle

Cost Quantity Unit of

Measure Total Annual

Cost

1 Finish Cut Mowing Services 20 Cycles

TOTAL