HomeMy WebLinkAboutPR 22342: CONTRACT ERENEWAL WITH FREY'S LANDSCAPE ._ s
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PIORT*ARTHUR
ONOMIC DEVELOPMENT CORPORATION
INTEROFFICE MEMORANDUAM
Date: January 19, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: George Davis, Interim CEO Port Arthur EDC
RE: PR 22342—Contract Renewal with Frey's Landscape of Orange, Texas
Introduction:
The intent of this Agenda Item is to seek City Council's approval for the Port Arthur EDC to
renew the contract with Frey's Landscape of Orange, Texas for landscaping and irrigation
maintenance at the Spur 93 Business Park.
Background:
The Port Arthur EDC Board of Directors approved entering into a contract with Frey's
Landscape of Orange Texas during the February 10, 2020 board meeting. The contract was for
one year with the option to renew for two (2) additional 1-year periods, for landscaping and
irrigation maintenance at the Spur 93 Business Park.
At the February 1, 2021 regular board meeting, the PAEDC Board of Directors approved the 2nd
year renewal with Frey's Landscape of Orange, Texas for landscaping and irrigation
maintenance at the Spur 93 Business Park.
At the January 11, 2022 regular board meeting,the PAEDC Board of Directors approved the 3rd
year, and final contract renewal for landscaping and irrigation maintenance at the Spur 93
Business Park.
Budget Impact:
The budgetary impact is unchanged, and remains at$57,295.00 annually. The PAEDC Funding
Account No. is 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 final contract between the Port Arthur 4A Economic Development
Corporation and Frey's Landscape of Orange, Texas for landscaping and irrigation maintenance
at the Spur 93 Business Park.
P. R. No. 22342
01/18/2022 RAJ
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE THIRD YEAR AND
FINAL 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. 120-80-625-
5479-00-00-000
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.
WHEREAS, the third year and final renewal with Frey's Landscaping was approved by
the PAEDC Board of Directors at the January 11, 2022 regular board meeting for a 1-year period
at a cost not to exceed$57,295.00 as denoted in Exhibit"A".
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., 2022,
at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES:
Mayor
Councilmembers
ASDF
NOES:
Thurman Bartie,Mayor
ATTEST:
Sherri Bellard,City Secretary
APPROVED-
..----)
George Da is,Interim PAEDC CEO
APPROVED AS TO FORM:
Frank arz AED Attorney
#1834955 Page 2
APPROVED AS TO FORM:
Val R.Tizeno,City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Daniel, terim Finance Director
AGREED TO:
Frey's Landscaping
By:
Print Name:
N1834955
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 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 Frey's Landscape LLC, 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_2022 to March 2023.
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: Either Party may terminate this Agreement at any time
giving at least thirty (30) says notice in writing to the other Party. 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
teiiiiinated 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
Jerry LaBove, President
ATTEST:
Beverly Raymond, Secretary
Signed on the day of ,2022.
Frey's Landscape LLC
By:
its,