HomeMy WebLinkAboutPR 21793: (EDC) CONTRACT FOR LANSCAPING AND IRRIGATION AT THE BUSINESS PARK Interoffice
MEMORANDUM
To: Mayor, City Council, City M ager
From: Floyd Batiste, CEO
Date: February 9, 2021
Subject: P.R. No. 21793 Council Meeting of February 16, 2021
ATTACHED IS PROPOSED RESOLUTION NO. 21793, A
RESOLUTION AUTHORIZING THE SECOND YEAR
(FIRST RENEWAL) OF THE CONTRACT BETWEEN
THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION AND FREY'S
LANDSCAPE OF ORANGE, TEXAS FOR LANDSCAPING
AND IRRIGATION MAINTENANCE AT THE SPUR 93
BUSINESS PARK WITH A BUDGETARY IMPACT OF
$57,295.00; PAEDC FUNDING ACCOUNT NO. 120-1429-
582.59-02
P. R. No. 21793
02/04/2021 RAJ
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE SECOND YEAR
(FIRST RENEWAL) OF THE CONTRACT BETWEEN THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION AND FREY'S
LANDSCAPE OF ORANGE, TEXAS FOR LANDSCAPING
AND IRRIGATION MAINTENANCE AT THE SPUR 93
BUSINESS PARK WITH A BUDGETARY IMPACT OF
$57,295.00; 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 entering into a contract
with Frey's Landscape of Orange, Texas for landscaping and irrigation maintenance at the Spur
93 Business Park for$57,295.00 with the option to renew for two (2) additional 1-year periods.
WHEREAS, the contract renewal with Frey's Landscaping at a cost not to exceed
$57,295.00 as denoted in Exhibit "A" was approved by the PAEDC Board of Directors at the
February 1, 2021 regular Board meeting for a 1-year period.
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 renewal of the
contract between PAEDC and Frey's Landscaping for landscaping and irrigation service in the
amount of$57,295.00.
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., 2021,
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 Baf'te, PAE 1 EO
APPROVED AS TO FORM:
1 _ I
/
uy . Good ; , 'AEDC Attorney
#1834955 Page 2
APPROVED AS TO FORM:
Valecia R.Tizeno,City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
CA"- --dAr
Kandy Daniel, Interim Finance Director
AGREED TO:
Frey's Landscaping
By:
Print Name:
#1834955 Page 3
Exhibit "A"
CONTRACT FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE FOR THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION SPUR 93 BUSINESS PARK
IN THE CITY OF PORT ARTHUR, TEXAS
THIS CONTRACT, made the day of March 2021, 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 March 2021 to March , 2022, with an
option to renew for 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 Landscape and Irrigation Maintenance of the Spur 93 Business
Park:
a. The OWNER's business park is located at 9550 West Port Arthur Road.
b. CONTRACTOR will service the PAEDC Spur 93 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 Spur
93 Business Park for 12 months for an annual rate of$57,295.
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 , 2021.
City of Port Arthur Section 4A
Economic Development Corporation
President
ATTEST:
Secretary
Signed on the day of , 2021.
Mallorie Henning d/b/a Frey's Landscape
By:
Mallorie Henning