HomeMy WebLinkAboutPR 22120: FIRST RENEWAL OF AGREEMENT WITH FREY'S LANDSCAPE FOR THE JADE AVENUE BUSINESS PARK PoRT*ARTHURONOMIC DFVF.I.OPMFNT(ORPOR:1110\
INTEROFFICE MEMORANDUAM
Date: September 14, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Floyd Batiste, CEO Port Arthur EDC 4.-0
RE: PR 22120—First Renewal of Agreement with Frey's Landscape for the Jade
Avenue Business Park
Introduction:
The intent of this Agenda Item is to seek City Council's approval for the Port Arthur EDC to
renew for 1 year the contract with Frey's Landscape of Orange Texas for landscaping and
irrigation maintenance at the Jade Avenue Business Park.
Background:
Per Resolution No. 20-366, the PAEDC Board of Directors recommended awarding the contract
for landscaping and irrigation maintenance to Frey's Landscape based on prior performance.
The contract covered a one (1) year period with the option to renew for two (2) additional 1-year
periods.
Budget Impact:
The budgetary Impact of$26,222.50 will be funded via account#120-80-625-5479-00-00-000.
Recommendation:
It is recommended that the City Council of the City of Port Arthur authorize the Port Arthur
EDC to renew the contract with Frey's Landscape for one (1) year with the option to renew for
an additional one(1) year period.
P. R. No. 22120
09/01/2021 raj
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO RENEW THE 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; AND SETTING AN EFFECTIVE DATE.
WHEREAS, on October 5, 2020 the PAEDC Board of Directors awarded the contract for
landscaping and irrigation maintenance to Frey's Landscape 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.
WHEREAS, on August 30, 2021, the Board of Directors of the City of Port Arthur
Section 4A Economic Development Corporation ("PAEDC") approved the renewal of
landscaping and irrigation maintenance at the Jade Avenue Business Park for One(1) year with
an option to renew for one (1) additional 1 year period, with Frey's Landscape ("Frey's") at an
annual cost of$26,222.50.
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 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 one (1)
additional 1-year periods. Exhibit"A"
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
Section 4. This Resolution shall become effective upon the passage by 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
APPRO i:
Floyd :.tiste, A DC CEO
APPROVED AS TO FORM:
Frank Garza, PAEDC Interim Attorney
Page 2
APPROVED AS TO FORM:
gite
Valecia R. ize , Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Daniel,Interim Finance Director
AGREED TO:
Frey's Landscaping
By:
Print Name:
Page 3
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 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 November , 2021 to November
2022, 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 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. THE CONTRACTOR SHALL FULLY INDEMNIFY AND HOLD HARMLESS
PAEDC AND ITS OFFICIALS, EMPLOYEES, AND AGENTS, INDIVIDUALLY
OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS,
LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES,
PROCEEDINGS, ACTIONS, CAUSES OF ACTION, LIABILITIES, AND SUITS
OF ANY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO,
PERSONAL OR BODILY INJURY OR DEATH AND PROPERTY DAMAGE
MADE UPON PAEDC DIRECTLY OR INDIRECTLY ARISING OUT OF,
RESULTING FROM, OR RELATED TO THE CONTRACTOR'S ACTIVITIES
UNDER THIS CONTRACT, INCLUDING ANY ACTS OR OMISSIONS OF THE
CONTRACTOR, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND
REPRESENTATIVES WHILE IN THE EXERCISE OR PERFORMANCE OF THE
RIGHTS AND DUTIES UNDER THIS CONTRACT. IT IS THE EXPRESS
INTENT OF THE PARTIES TO THIS CONTRACT THAT THE INDEMNITY
SHALL NOT APPLY WHERE THE LIABILITY IS THE RESULT OF PAEDC'S
NEGLIGENT CONDUCT.
9. This Contract shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
10. Entire Agreement. This Contract with attachments contains all of the agreements,
conditions and understandings of the parties and supercedes all prior negotiations,
representations or agreements between them, whether oral or written. In the event of
a conflict between the terms of this Contract and any other document, including any
appendices to which this Contract may refer, the terms and conditions of this Contract
will apply.
11. Amendment. This Contract may be amended only by written amendment executed
by authorized representatives of the parties hereto. It may not be amended by any
oral agreements, by any implied agreement or custom, or by any waiver of any of its
terms unless in writing.
12. Governing Law/Venue. This Contract will be construed, governed and enforced in
accordance with the laws of the jurisdiction of Jefferson County. Venue for any
cause of action hereunder will be in the State or Federal courts in Jefferson County,
Texas, and nowhere else.
13. Severability. If any section, subsection, sentence or clause of this Agreement shall
be adjudged illegal, invalid or unenforceable, such illegality, invalidity or
unenforceability shall not affect the legality, validity or enforceability of the
Agreement as a whole or of any Section, subsection, sentence or clause hereto not so
adjudged.
14. 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