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HomeMy WebLinkAboutPR 20507: EDC CONTRACT WITH AFFORDABLE LAWN AND TRACTOR SERVICE FOR GRASS CUTTING SERVICES P.R. NO. 20507 10/05/18 raj RESOLUTION NO. A RESOLUTION AUTHORIZING THE SECOND AND FINAL 1-YEAR RENEWAL OF THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND AFFORDABLE LAWN AND TRACTOR SERVICE OF PORT ARTHUR,TEXAS FOR GRASS CUTTING SERVICES AT THE HIGHWAY 73 BUSINESS PARK IN AN AMOUNT NOT TO EXCEED $10,000.00 (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; 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, pursuant to Resolution 17-288, the PAEDC Board of Directors and the City Council approved the first renewal of the contract between PAEDC and Affordable Lawn and Tractor Service of Port Arthur, Texas; and WHEREAS,the contract renewal with Affordable Lawn and Tractor Service for December 7, 2018 through December 7, 2019 at a cost not to exceed$10,000 as denoted in Exhibit"A"was approved by the PAEDC Board of Directors at their October 1, 2018 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 second renewal of the contract with Affordable Lawn and Tractor Service of Port Arthur,Texas for grass cutting services for 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., 2018, 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 Batiste, P DC CEO APPRO I D • 0 FORM: 1 Guy N. Goodson, PAEDC Attorney 01596090 Page 2 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 ,2018, 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 , 2018 to December , 2019. 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, not to exceed $10,000.00. 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 , 2018. City of Port Arthur Section 4A Economic Development Corporation President ATTEST: Secretary Signed on the day of , 2018. Jody Christian d/b/a Affordable Lawn And Tractor Service By: Jody Christian