HomeMy WebLinkAboutPR 19622: JOEY'S TRACTOR SERVICE EDC CONTRACT f s
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MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO -�
Date: December 16, 2016
Subject: P. R. No. 19622; Council Meeting of December 27, 2016
ATTACHED IS PROPOSED RESOLUTION NO. 19622
AUTHORIZING THE CITY OF PORT ARTHUR SECTION
4A ECONOMIC DEVELOPMENT CORPORATION TO
ENTER INTO A CONTRACT FOR GRASS CUTTING
SERVICES AT THE SPUR 93 BUSINESS PARK WITH
JOEY'S TRACTOR SERVICE OF PORT ARTHUR, TEXAS.
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P.R. No. 19622
RAJ 12-07-2016
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT •
CORPORATION TO ENTER INTO A CONTRACT FOR GRASS
CUTTING SERVICES AT THE SPUR 93 BUSINESS PARK
WITH JOEY'S TRACTOR SERVICE OF PORT ARTHUR,
TEXAS AT A COST NOT TO EXCEED $20,790.00 (ACCOUNT
NUMBER 120-1429-582.59-02)
WHEREAS, on December 5, 2016 regular meeting, the Board of Directors of the City of
Port Arthur Section 4A Economic Development Corporation(the"PAEDC")approved entering into
a Contract for grass cutting service for the Spur 93 Business Park with Joey's Tractor Service for
$15.75 per acre at a cost not to exceed$20,790 attached hereto as Exhibit"A"; and
WHEREAS,this Contract is for a period of twelve(12)months with an option to renew for
two (2) additional one (1)year periods; and
WHEREAS, pursuant to Section 8.19 of the PAEDC Bylaws, PAEDC has to submit
contracts to the City Council for review and approval.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the Port Arthur City Council approves the Board execution of a one(1)year
Contract between PAEDC and Joey's Tractor Service for grass cutting service of the Spur 93
Business Park for$15.75 per acre, with an option of two (2) additional one (1) year periods.
READ,ADOPTED AND APPROVED on this day of A.D.,2016,at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Bat ste, PADC CEO
APPROVED AS TO FORM:
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of
Guy N. Goodson, PAEDC Attorney
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Exhibit "A" •
j. Work must be completed within seven (7) calendar days of issuance, unless
the OWNER grants an extension.
k. Acreage of property will decrease as Business Park is developed.
CONTRACTOR is not responsible for the newly developed property.
1. CONTRACTOR will be responsible for any damages to City properties and/or
structures.
m. Ruts caused by CONTRACTOR's equipment shall be filled at
CONTRACTOR's expense.
n. Time extensions may be granted due to inclement weather or other act of
nature only when CONTRACTOR request for such extension is submitted to
the City's representative.
4. The CONTRACTOR will perform mowing, trimming and removal of litter and debris
at the OWNER'S Spur 93 Business Park as set forth above on an as-need basis at the
rate of$_15.75 per acre.;
5. 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
OWNER 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 OWNER for damages sustained by the OWNER by virtue of any breach of the
Contract by the CONTRACTOR and the OWNER may withhold any payments to the
CONTRACTOR for the purpose of set-off until such time as the exact amount of
damages due to the OWNER from the CONTRACTOR is determined.
6. Termination for Convenience: The OWNER may terminate this Agreement at any
time giving at least thirty (30) says notice in writing to the CONTRACTOR. If the
Contract is terminated by the OWNER as provided herein, the CONTRACTOR will
be paid for the service that it has performed up to the termination date. If the
Contract is terminated due to fault of the CONTRACTOR, the previous paragraph
(Paragraph 5) shall apply.
7. 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 an 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:
a. Standard Worker's Compensation Insurance:
b. Commercial General Liability occurrence type insurance OWNER, its
officers, agents, and employees must be named as additional insured):
•
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CONTRACT FOR THE MOWING OF THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT CORPORATION •
SPUR 93 BUSINESS PARK
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THIS CONTRACT, made the{day of ,2016, by and between
the City of Port Arthur Section 4A Economic Development Corporation, organized under
the laws of the State of Texas (the "OWNER") and Joey's Tractor Service (the
"CONTRACTOR").
In consideration of the payment terms, conditions and agreements set forth herein,
OWNER and CONTRACTOR agree as follow:
1. The term of this Contract shall be from December , 2016 to December
2017, with an option to renew for two (2) additional one (1) year periods.
2. Scope of Work: The CONTRACTOR shall furnish all supervision, labor, materials,
machinery,tools equipment, fuel, and service, to perform and complete all work in an
efficient and workman-like manner as specified in the Specifications below.
3. Specifications for Mowing of the Spur 93 Business Park: -
a. The OWNER's business park is located at 9555 West Port Arthur Road.
b. CONTRACTOR will be cutting approximately 277acres.
c. All litter and debris shall be picked up prior to mowing and then immediately
following the actual mowing and trimming. This is to retrieve any litter
missed the first time and cut into small pieces by the mower.
d. Litter and debris shall be disposed of properly, off site, at the
CONTRACTOR's expense.
e. Litter and debris shall be defined as an object not intentionally placed at
project site for a specific purpose. This shall include but not be limited to
paper, wrappers, cans, bottles, building materials, disposable diapers and
cigarette butts found on the grounds and all objects found in trash receptacles.
This shall also include items produced from a maintenance task such as
moving and/or landscaping.
f. Sweep or blow clean all sidewalks and/or concrete areas affected by work.
No grass clippings shall be placed or blown into City's Drainage culverts or in
the streets.
g. Entrance roads, approaches, and/or driveways are to be maintained, where
applicable.
h. CONTRACTOR shall neatly trim (cut and/or use a weed-eater), along
sidewalks and curbs.
i. The OWNER will call CONTRACTOR to cut grass on an as needed basis.
OWNER estimates two cuts per month, however, it may be more.
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i. Bodily injury $500,000 single limit per occurrence or $500,000 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
ii. Property Damage $100,000 per occurrence regardless of contract
amount; and
iii. 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.
c. Commercial Automobile Liability Insurance (Including owned, non-owned
and hired vehicles coverage's).
i. Minimum combined single limit $500,000 per occurrence, for bodily
injury and property damage.
ii. 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.
8. This Contract shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
9. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, duplicate copies of the Contract each of which shall
be deemed an original on the first above written.
Signed on the day of , 2016.
City of Port Arthur Section 4A
Economic Development Corporation
President
ATTEST:
Secretary