HomeMy WebLinkAbout PR 22276: EDC, CONTACT WITH JOEY'S TRACTOR SERVICE OF PORT ARTHUR, TEXAS rr.
PORT*ARTHtJR
ONOMIC DEVELOPMENT CORPORATION
INTEROFFICE MEMORANDUM
Date: December 7 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton,City Manager
From: George Davis, Interim CEO Port Arthur EDC
RE: PR 22276/Approval of Contract for the mowing of the Hwy. 73 Business Park with
Joey's Tractor Service of Port Arthur,Texas
Introduction:
The intent of this Agenda Item is to seek City Council's approval for the Port Arthur EDC (PAEDC) to
enter into a contract for the mowing of their Hwy. 73 Business Park with Joey's Tractor Service of Port
Arthur,Texas
Background:
The PAEDC owns the vacant city property known as the Highway 73 Business Park. The City of
Port Arthur, Texas (the "City") received six (6) sealed bids for the Mowing of Hwy 73 Business
Park. On December 6,2021,the Board of Directors of the PAEDC approved the quote for the mowing of
the Highway 73 Business Park to Joey's Tractor Service at$65.00 per acre because Joey's Tractor Service
was the lowest bid and based on prior performance of mowing, Joey's Tractor Service is qualified for the
scope of work.
Budget Impact:
The PAEDC Board approved entering into this contract in an amount not to exceed$12,000.00 per year for
a period of one(1)year with an option to renew for two(2)additional 1-year periods. Funds are available
in Account No. 120-80-625-5479-00-00-000.
Recommendation:
It is recommended that the City Council of the City of Port Arthur approve the mowing contract between
the Port Arthur Economic Development Corporation and the Joey's Tractor Service.
P. R. No. 22276
12/07/2021 JC
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
JOEY'S TRACTOR SERVICE OF PORT ARTHUR,
TEXAS, IN AN AMOUNT NOT TO EXCEED $12,000.00
ANNUALLY; PAEDC FUNDING ACCOUNT NO. 120-80-
625-5479-00-00-000
WHEREAS, The City of Port Arthur Section 4A Economic Development Corporation
("PAEDC") owns the vacant city property known as the Highway 73 Business; and
WHEREAS, the City of Port Arthur, Texas (the "City") received six (6) sealed bids for
the Mowing of Hwy 73 Business Park; and
WHEREAS,Joey's Tractor Service of Port Arthur,Texas was the lowest bid, Exhibit"A",
and based on prior service qualified to fulfill the scope of work; and
WHEREAS,on December 6,2021,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 Joey's Tractor Service at $65.00 per acre in an amount not to exceed
$12,000 annually; and
WHEREAS,the PAEDC Board of Directors recommends that the City Council award the
contract, Exhibit "B" for the mowing of Highway 73 Business Park to Joey's Tractor Service
based on a cost of$65.00 per acre at an amount not to exceed $12,000 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 Joey's Tractor Service for
mowing of Highway 73 Business Park in the amount not to exceed S 12,000 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., 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:
George Davis, Interim PAEDC CEO
['age 2
APPROVED AS TO FORM:
F ank G a DC Attorney
APPROVED AS TO FORM:
Valecia R.r o,C Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
pi
j<c C
Kandy Daniel,Iierim Finance Director
AGREED TO:
Joey's Tractor Service
By:
Print Name:
Page 3
Exhibit "A"
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Exhibit " B "
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 ,2022, 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 Joey's Tractor Service, 2700 61st Street,
Port Arthur,Texas 77640 (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 January , 2022 to January , 2023,
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 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$65.00 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. Indemnification: THE CONTRACTOR SHALL FULLY INDEMNIFY AND HOLD
HARMLESS PAEDC AND ITS OFFICIALS AND EMPLOYEES 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, ANY AGENT, OFFICER, REPRESENTATIVE,
EMPLOYEE, OR SUBCONTRACTOR OF THE CONTRACTOR, AND
THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, AND
REPRESENTATIVES WHILE IN THE EXERCISE OR PERFORMANCE OF
THE RIGHTS AND DUTIES UNDER THIS CONTRACT, ALL WITHOUT,
HOWEVER, WAIVING IMMUNITY AVAILABLE TO PAEDC UNDER STATE
LAW AND WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER
STATE LAW. THE PROVISIONS OF THIS INDEMNITY ARE SOLELY FOR
THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE
OR GRANT ANY RIGHTS, CONTRACTED OR OTHERWISE, TO ANY
PERSON OR ENTITY. CONTRACTOR SHALL PROMPTLY ADVISE PAEDC IN
WRITING OF ANY CLAIM OR DEMAND AGAINST PAEDC OR THE
CONTRACTOR KNOWN TO THE CONTRACTOR RELATED TO OR ARISING
OUT OF THE CONTRACTOR'S ACTIVITIES UNDER THIS CONTRACT.
9. This Contract shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
10. 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 , 2022.
City of Port Arthur Section 4A
Economic Development Corporation
Darrell Anderson, President
ATTEST:
Jerry LaBove, Secretary
Signed on the day of , 2022.
Joey's Tractor Service
By:
Percy Villemez