HomeMy WebLinkAboutPR 21285: EDC, CONTRACT FOR THE MOWING OF HIGHWAY 73 BUSINESS PARK Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO
Date: February 11, 2020
Subject: P.R. No. 21285 Council Meeting of February 18, 2020
ATTACHED IS PROPOSED RESOLUTION NO. 21285, A
RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO A CONTRACT FOR
THE MOWING OF HIGHWAY 73 BUSINESS PARK
WITH CONSIDER US OF BEAUMONT, TEXAS, IN AN
AMOUNT NOT TO EXCEED $10,000.00; PAEDC
FUNDING ACCOUNT NO. 120-1429-582.59-02
P. R. No. 21285
02/11/2020 FB
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO A CONTRACT FOR
THE MOWING OF HIGHWAY 73 BUSINESS PARK WITH
CONSIDER US OF BEAUMONT, TEXAS, IN AN AMOUNT
NOT TO EXCEED $10,000.00; PAEDC FUNDING
ACCOUNT NO. 120-1429-582.59-02
WHEREAS, on February 10, 2020, the Board of Directors of the City of Port Arthur
Section 4A Economic Development Corporation ("PAEDC") approved the quote for the mowing
of Highway 73 Business Park to Consider US at$29.00 per acre; and
WHEREAS,a PAEDC representative reviewed all quotes submitted for this project; and
WHEREAS,quotes were submitted by A & R Lawn Services and Consider US; and
WHEREAS, A & R Lawn Service was disqualified due to lack of experience, reference
and project approach; and
WHEREAS, the PAEDC Board of Directors recommends awarding the contract for the
mowing of Highway 73 Business Park to Consider US based on a cost of$29.00 per acre at an
amount not to exceed $10,000 for a period of one (1) year with an option to renew for two (2)
additional 1-year periods.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur approves the award of the
quote and authorizes execution of a contract between PAEDC and Consider US for mowing of
,
Highway 73 Business Park in the amount not to exceed $10,000 for a period of one (1) year with
an option to renew for two (2) additional 1-year periods.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2020,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Batiste, PAEDC CEO
01726496 Page 2
APPROVED AS TO FORM:
OF /.
/
Guy N. Goodson, 'AE ti A orney
APPROVED AS TO FORM:
Valecia R. Tizeno, City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
k(AiA ,0 cA_AA_,,,,0
Kandy Daniel, nterim Finance Director
AGREED TO:
Consider US
By:
Print Name:
#1726496 Page 3
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 ,2020, 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 Sam Henderson d/b/a Consider US, 4620
Glen Oaks Circle, Beaumont, Texas 77708 (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 March , 2020 to March , 2021, 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 Highway 73 Business Park:
a. The OWNER'S 73.
b. CONTRACT 3.
c. All litter and id then immediately
following the ) retrieve any litter
missed the fir T.
d. Litter and c /// off site, at the
CONTRACT(
e. Litter and del \ rationally placed at
project site fot not be limited to
paper, wrappe sable diapers and
cigarette butts 1 trash receptacles.
This shall alsc ince task such as
moving and/or
f. Sweep or blovs affected by work.
No grass clippie nage 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$29.00 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 , 2020.
City of Port Arthur Section 4A
Economic Development Corporation
President
ATTEST:
Secretary
Signed on the day of , 2016.
Sam Henderson d/b/a Consider US
By:
Sam Henderson
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