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Home My WebLink AboutPR 21629: EDC CONTRACT WITH FREY'S LANDSCAPING FOR LANDSCAPING AND IRRIGATION MAINTENANCE Interoffice MEMORANDUM To: Mayor, City Council, City nager From: Floyd Batiste, CEO' Date: October 6, 2020 Subject: P. R. No. 21629; Council Meet g of October 13, 2020 ATTACHED IS PROPOSED RESOLUTION 21629 AUTHORIZING A CONTRACT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND FREY'S LANDSCAPE OF ORANGE, TEXAS FOR LANDSCAPING AND IRRIGATION MAINTENANCE. FUNDING AVAILABLE IN EDC ACCOUNT NO. 120- 1429-582.59-02. P. R. No. 21629 10/06/20 raj RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A CONTRACT FOR LANDSCAPING AND IRRIGATION MAINTENANCE AT THE JADE AVENUE BUSINESS PARK WITH FREY'S LANDSCAPE OF ORANGE, TEXAS IN THE AMOUNT OF $26,222.50; PAEDC FUNDING ACCOUNT NO. 120-1429- 582.59-02 WHEREAS, on October 5, 2020, the Board of Directors of the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") approved the quote for landscaping and irrigation maintenance at the Jade Avenue Business Park to Frey's Landscape ("Frey's") at an annual cost of$26,222.50; and WHEREAS, the PAEDC Board of Directors recommends awarding the contract for landscaping and irrigation maintenance to Frey's based on prior performance of landscaping and irrigation service in the amount of$26,222.50 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 Frey's for landscape and irrigation service in the amount of$26,222.50 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: ...f_Qa,19 — Floyd Batiste, PAEDC CEO APPROVED AS TO FORM: Guy N. Goodson, PAEDC Attorney #1784738 Page 2 APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Daniel, erim Finance Director Page 4 Exhibit "A" CONTRACT FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE FOR THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION JADE AVENUE BUSINESS PARK 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 Frey's Landscape, 2214 Interstate 10, Orange, Texas 77631 (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 October , 2020 to October , 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 Landscape and Irrigation Maintenance of the Jade Avenue Business Park: a. The OWNER's business park is located at 9055 Jade Avenue. b. CONTRACTOR will service the PAEDC Jade Avenue Business Park Landscaping and Irrigation Maintenance with excellent ground maintenance and bed care. 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 CONTRACTOR will call provide Mowing, Bed Care and Irrigation Inspection as list in Exhibit"A". j. CONTRACTOR will be responsible for any damages to City properties and/or structures. k. Ruts caused by CONTRACTOR's equipment shall be filled at CONTRACTOR'S expense. 1. 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 the above mention services at the OWNER'S Jade Avenue Business Park for 12 months for an annual rate of$26,222.50. 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 , 2020. Mallorie Henning d/b/a Frey's Landscape By: Mallorie Henning APPROVED AS TO FORM: Valecia R. Tizeno, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Daniel, Interim Finance Director #1784738 Page 3