HomeMy WebLinkAboutPR 19933: APPROVING AN AGREEMENT BETWEEN PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND AFFORDABLE LAWN & TRACTOR SERVICE Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CE67/05-
Date: October 19, 2017
Subject: P. R. No. 19933; Council Meeting of November 7, 2017
ATTACHED IS PROPOSED RESOLUTION 19933
APPROVING AN AGREEMENT BETWEEN THE CITY
OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION AND AFFORDABLE
LAWN & TRACTOR SERVICE.
P.R. NO. 19933
10/10/17 raj
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE SECOND YEAR (FIRST
RENEWAL) OF THE CONTRACT WITH AFFORDABLE LAWN AND
TRACTOR SERVICE OF PORT ARTHUR, TEXAS AND THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION FOR GRASS CUTTING SERVICES AT THE HIGHWAY
73 BUSINESS PARK NOT TO EXCEED$10,000(ACCOUNT NUMBER 120-
1429-582.59-02)
WHEREAS, the City Council for the City of Port Arthur per Resolution 16-304 approved
the City of Port Arthur Section 4A Economic Development Corporation("PAEDC")to enter into a
Contract with Affordable Lawn and Tractor Service for grass cutting services at the PAEDC
Highway 73 Business Park; and
WHEREAS,the Contract was for a period of twelve(12)months with an option to renew for
two (2) additional 1-year periods, and
WHEREAS,the Contract renewal with Affordable Lawn and Tractor Service for December
6, 2017 through December 6, 2018 at a cost not to exceed$10,000 as denoted in Exhibit"A"was
approved by the PAEDC Board of Directors at their October 2, 2017 regular Board meeting.
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 City Council hereby approves the first renewal of the Contract with
Affordable Lawn and Tractor Service of Port Arthur,Texas,for grass cutting services at the PAEDC
Highway 73 Business Park with a projected budgetary impact of$10,000.00.
Section 3. That a copy of this Resolution shall be spread upon the Minutes of the City
Council.
READ,ADOPTED AND APPROVED on this day of A.D.,2017,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:
0"
Floyd Batiste, 'AEDC C 'O
APPROVE 11 AS TO FOR i.:
• #
Guy N. Goodson, PAEDC At ey
#1440800 Page 2
APPROVED AS TO FORM:
alecia ' f Ieno, ity Attorney
Page 3
41440800
Exhibit "A"
CONTRACT FOR THE GRASS CUTTING MAINTENANCE OF
CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION BUSINESS PARK ON HIGHWAY 73
IN THE CITY OF PORT ARTHUR, TEXAS
THIS CONTRACT, made the day of October ,2017, 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 Jody Christian d/b/a Affordable
Lawn and Tractor Service,2101 Highway 73, Port Arthur, Texas (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 , 2017 to December ,
2018,with an option to renew for one(1) additional one(1) year period.
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 Highway 73 Business Park:
a. The OWNER's business park is located at 3330 Highway 73.
b. CONTRACTOR will be cutting approximately 7.269 acres.
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.
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 Highway 73 Business Park as set forth above every two (2) weeks
at the rate of$34.50 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):
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 , 2017.
City of Port Arthur Section 4A
Economic Development Corporation
President
ATTEST:
Secretary
Signed on the day of , 2017.
Jody Christian d/b/a Affordable Lawn
And Tractor Service
By:
Jody Christian