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LA MARQUE ECONOMIC DEVELOPMENT CORPORATION (EDC) INVITATION TO BID LM # 06-23 Sealed bids will be accepted for the following BID INVITATION until 10:00 a.m. on WEDNESDAY, September 20, 2023, at which time all bids will be publicly opened and read in the City Council Chambers, at 1109-B Bayou Road, La Marque, Texas for: “MOWING and DEBRIS CLEAN-UP” Bids should be submitted electronically via www.bids.cityoflamarque.org. La Marque Economic Development Corporation (EDC) does NOT accept faxed or emailed Bids: The EDC reserves the right to accept or reject any or all bids and to accept only those proposals/bids that are in the best interest of the EDC. Please direct any questions regarding this Bid or Bid Document to: Alex Getty: 409-938-9258 or email at: [email protected]. TERMS AND CONDITIONS LM # 06-23 “MOWING and DEBRIS CLEAN-UP” Specifications and bidding documents may be secured from the La Marque Economic Development Corporation located at 1130 1st Street, La Marque, Texas or by calling 409-938-9258, or emailing: [email protected] This BID is for a year-round mowing contract with the La Marque EDC that will begin on November 1, 2023 and it is agreed that any contract resulting from this bid shall have the option to renew the contract for up to (two) 2 years in (one) 1- year periods. The following clauses shall be included in the contract: a. Option Clause: It is agreed that the La Marque EDC will have the option to extend the contract for up to TWO (2) additional years, in ONE (1) year intervals. To exercise this option, the La Marque EDC shall serve notice at least THIRTY (30) days prior to contract termination or to the end of any one-year extension. The option to extend will not be considered if funding is unavailable or the contractor’s past performance is not within the EDC’s standards. 3. The prohibition against gratuities and kickbacks shall be conspicuously set forth in every contract and solicitation therefore. It shall be a breach of ethics to offer, give or agree to give any employee or former employee of the La Marque EDC, or for any employee or former employee of the La Marque EDC to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before the La Marque EDC. 4. It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the La Marque EDC, or any person associated therewith, as an inducement for the award of a subcontract or order. 5. The La Marque EDC reserves the right to reject any or all bids and to waive informalities in bidding. In case of ambiguity or lack of clearness in stating the prices in any bid, the owner reserves the right to consider the most advantageous thereof, or to reject the bid. The award will be made to the responsible bidder submitting the lowest, acceptable bid. 6. Before submitting a bid, each bidder must (a) examine the contract document thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the work (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work and (d) study and carefully correlate bidder’s observations with this bid packet. 7. The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 8. BIDS WILL BE REJECTED IF: It is received after the advertised closing date and time for receipt of bids. It is submitted on a bid proposal form other than that provided by the City or EDC; is not completely filled in, is incomplete, conditional, or obscure or that contains any additions not called for in the specifications. Bid Proposal Forms provided are not signed by the person authorized to enter their company into a contract giving their title or authority, company name, address and phone number. 9. PRICE OF MATERIALS AND SALES TAX: This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (f) of the Texas Limited Sales, Excise and the Use Tax Act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with the State Comptroller’s Ruling No. 95-0.07. Any such exemption shall be subject to the provisions of the State Comptroller’s Ruling Number 95- 0.09 as amended to be effective October 2, 1968. 10. La Marque EDC reserves the right to revise or amend the specifications prior to the date set for opening bids. Such revisions or amendments if any, will be announced by addenda or addendum to these specifications. Copies of such addenda so issued will be furnished to all prospective bidders. 11. Total price should be all INCLUSIVE OF CHARGES, i.e.: mowing per lot price, hauling and disposal fees, quantity specified and the total charge. No increase in price will be paid due to heavy mowing. ALL BIDDERS ARE ADVISED TO VISIT EACH LOT ON THE ATTACHED LIST BEFORE FIGURING THE COST PER LOT. 12. No payment will be made to the contractor until all material is approved and accepted to the satisfaction of the La Marque EDC, payment on invoice will then be net 30 days. 13. Bids cannot be altered or amended after the opening time. Any alterations made before opening time must be initialed by the bidder or his authorized agent. No bid may be withdrawn after opening without approval, and based on a written acceptable explanation. 14. A catalog, brand name or manufacturers referenced used in the bid invitation is DESCRIPTIVE NOT RESTRICTIVE, it is to indicate type and quality desired. Bids on brand of like nature will be considered. If bidding on other than referenced specifications, bidder must show manufacture, brand or trade name, lot number, etc., of the article offered. 15. CONTRACT TERM: This contract will expire on October 31, 2024, unless notice has been given by the La Marque EDC to the contractor to renew the contract for another year. All work should be completed prior to the expiration date. 16. The vendor hereby assigns to purchase any and all claims for over-charges associated with this contract which arise under the Antitrust Laws of the United States, 15, U.S.C.A., §1, ET. Seq. (1973). 17. The La Marque EDC reserves the right to award all sections to a single bidder or separate bidders. 18. Bids received after the closing time will be returned unopened. 19. All shipping and delivery charges to be paid by supplier. FOB: City of La Marque, 1111 Bayou Rd, La Marque, Texas 77568 or other designated site. 20. All contractors must be registered with the City of La Marque prior to submitting a bid. 21. The Contractor shall have sufficient equipment and workforce to clean-up, clear, mow and trim, as well as to perform and complete all aspects of the services described herein in a timely manner. All tractors shall also be equipped with the appropriate mowing attachments (rotary cutting mowers). The mowing equipment shall be equipped with sharp blades so as not to tear but cleanly cut the blades of grass. 22. All clean-up and mowing equipment shall be in good repair and qualified operators shall be responsible for the care and handling of the equipment to carry out the requirements of this Contract. Additionally, the Contractor shall have hand mowers, weed eaters, and other related clean-up and mowing equipment available to complete the work assigned. The City reserves the right to prohibit the Contractor from working with a piece of equipment the Code Compliance Supervisor or Officer deems to be a danger to the Contractor or the general public. The Contractor warrants that all equipment used in satisfying the Contractor’s obligations under this contract is sufficient for the services required herein. Additionally, the Contractor shall maintain or have immediate access to adequate backup clean-up and mowing equipment in order to sustain continuous operations in the event of equipment failure. Contractor must be able to submit a list of equipment to complete all work assigned upon request. The use of insufficient and/or inadequate machinery or equipment, as determined by the Code Supervisor or Officer, shall be deemed a breach of this contract. 23. Contractor must have available EQUIPMENT to move large quantities of debris such as, trailers, dump or otherwise, and or dump trucks. 24. Once the contract is assigned the mowing schedule must be adhered to. Extensions may be granted for inclement weather only on a case by case basis. 25. All trash, limbs and rubbish must be removed from the lot prior to mowing and any mowed over trash and rubbish must also be removed. Lots must be left clean, including all vegetation and trash on or near fence lines, ditches, trees and curbs. 26. Litter Removal: The Contractor shall pick-up and remove all litter and miscellaneous debris throughout the property prior to mowing (if needed) or performing any assigned work. The Contractor shall remove all litter from the ditches, sidewalks, and rights-of-way. Removal and disposal of litter and debris shall be completed by the contractor. Any litter, cut or broken, during maintenance operations, shall be completely removed from the Property immediately and prior to proceeding with any additional work assigned. 27. Mowing: The La Marque EDC requires the contractor to provide the services of mowing, edging, and trimming on the listed properties attached to this bid, as well as picking up and removing all litter and miscellaneous debris from the property prior to mowing. The grass shall be maintained / mowed to an approximate height of three (3”) inches maximum. Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from the mowing equipment. Turf shall be cut in a professional manner so as not to scalp turf or leave areas of clippings on any paved surface such as streets, parking lots, sidewalks or driveways or on adjacent properties. Any material so discharged shall be removed immediately prior to proceeding with a work on another property. Removal of cut grass from the ground areas where growth occurred will not be required. Cut grass and debris which falls or is thrown by equipment upon the pavement streets, sidewalks, driveways or adjacent properties through the action of the Contractor or his work crew shall be removed from the area prior to the exit of the Contractor or his work crew from the assigned property. 28. Trimming: All assigned Properties requiring mowing services shall be trimmed of all high grass, weeds, and foreign growth found adjacent to or under structures, trees, poles, culverts, fences, curbs, ditches, etc.; in addition to those found growing out of expansion joints and/or cracks in curbs, sidewalks (both sides), driveways, parking lots, and other foundational surfaces on the Property. Special care shall be given to trimming around small trees so as not to inflict damage to the bark of the trees. THE USE OF HERBICIDES REQUIRES PRIOR WRITTEN APPROVAL OF THE CODE COMPLIANCE SUPERVISOR. 29. Edging: Edging is required to be performed on all assigned Properties requiring mowing services. Edging may be accomplished with a string line trimmer or metal blade. All materials dislodged by edging must be picked up and removed from the Property. DEBRIS DEFINITIONS: • Light Debris-Grass clippings, high weeds (more than 12 inches in height), leaves, paper and plastic litter items, and discarded clothing and textiles of all sorts. • Moderate Debris- Trash items, including but not limited to the following; aluminum or tin cans, toys, bottles, old vessels of sorts, and household items (e.g., dishes, tableware, pots and pans, etc.). • Heavy Debris- Appliances, toilets, furniture, tires, tree trunks, tree limbs and branches. • Extra Heavy Debris - Discarded lumber, construction building materials, bricks, thick foliage, and large trees that must be removed from the property for work to be performed INCREASES: Escalation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the La Marque EDC of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the La Marque EDC in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the contractor’s cost, NOT PROFITS. DECREASES: The La Marque EDC will expect any decreases in cost from the bidder’s source of supply during the term of the contract to lower the EDC’s price for such item or items. NOTE: Contractors are responsible for correctly calculating the final “per cut” cost on each lot listed. SPECIFICATIONS LM # 06-23 “MOWING AND DEBRIS CLEAN–UP” SCOPE OF WORK BIDDER AGREES TO COMPLY WITH ALL CONDITIONS BELOW, ATTACHED SPECIFICATIONS, AND NOTES BIDDER HAS READ AND AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS OF INVITATION TO BID, PURCHASES MADE FOR CITY USE ARE EXCEMPT FORM THE STATE SALES TAX AND FEDERAL EXCISE TAX DO NOT INCLUDE TAXES IN YOUR BID. BIDDER GUARANTEES PRODUCT OFFERED SHALL MEET OR EXCEED MINIMUM SPECIFICATION IDENTIFIED IN THIS INVITATION TO BID. The scope of work under this bid shall include all materials, labor, equipment, supervision and waste and hazardous materials disposal fees and incidentals for the mowing, board up and clearing of residential/commercial/vacant lots. It is the contractor’s responsibility to follow all City, State and Federal Guidelines in regards to hazardous materials, such as, but not limited to tires, lead based paint or asbestos that maybe present. All work shall be performed in accordance with all City, State and Federal regulations in addition to the following: a. All rates include pick-up, removal, disposal, landfill, labor, materials, equipment usage, travel cost and fees required to complete the requested services. b. Register with the City of La Marque as a contractor. This includes submitting general liability insurance and workers compensation requirements. c. The La Marque EDC reserves the right to award this contract to one or more contractors if necessary or none. d. As properties are sold, they will be removed from the mowing cycle. e. As properties are purchased, a price can be negotiated and added to the mowing cycle. f. The attached list of properties must be mowed once a month. LMEDC lots Galveston County CAD ID No. November 1 - October 31 (12 cuttings per year) Lot description or address Cost per mowing cycle (including weeding of ditches and fences if present) R601142 Next to new fire station on FM 1765 - 2.1 acres R133131 Next to Mancuso Power Sports - 4.5 acres R133135 Next to Mancuso Power Sports - 5 acres R133166 Next to Mancuso Power Sports - 5 acres R134721 R611977 I-45 South at Vauthier - 8.4 acres R389081 R131286 4525 I-45 South - 4 acres R196680 413 Elmo R195418 2101 Rosalee R198331 210 Highway 3 R198333 210 Highway 3 SIGNATURE PAGE LM # 06-23 “MOWING AND DEBRIS CLEAN-UP” BY SIGNATURE HEREON AFFIXED, the bidder certifies neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder or anyone acting as their designee for such firm, corporation, or the institution has violated the Antitrust Laws and Commerce Code, or the Federal Antitrust, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Total Amount of Bid $____________________________ ______________________________________________ Company Name ______________________________________________ Signature ______________________________________________ Printed Name & Title ______________________________________________ Address ______________________________________________ City, State and Zip ____________________ ________________________ Phone Fax ______________________________________________ Date Acknowledgement of any and all addendum’s received: Addendum #1 ___________________________________ Addendum #2 ___________________________________ Addendum #3 ___________________________________

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