HomeMy WebLinkAboutPR 23235: AGREEMENT WITH B&N MOWERS LLC, EDC, JADE AVENUE, BUSINESS PARKS PORTM `*ARTh U R
INTEROFFICE MEMORANDUM
Date: July 11, 2023
To: Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Terry Stokes, PAEDC Chief Executive Officer
RE: PR 23235 —PAEDC's acceptance of a bid and entering into an agreement with
B&N Mowers LLC for tractor mowing services at the Highway 73, Jade Avenue
and Spur 93 Business Parks.
The intent of this Agenda Item is to seek the City of Port Arthur City Council's approval to award
a bid and enter into an agreement with B&N Mowers LLC for tractor mowing services at Highway
73, Jade Avenue and Spur 93 Business Parks.
Background:
The PAEDC advertised a Request for Proposal (RFP) for tractor mowing services at Highway 73,
Jade Avenue and Spur 93 Business Parks. Howell's Bushhogging, LLC and B&N Mowers, LLC
submitted their proposals. In reviewing the submitted proposals both entities submitted a thorough
bid packet. However,B&N Mowers, LLC was the lower per acre pricing of the two,with a bid of
$30.00 per acre, while Howell's Bushhogging quoted $98.00 per acre. The contractor will be
cutting approximately 7.269 acres at the Highway 73 Business Park and 198 acres at the West Port
Arthur Road(Jade Avenue& Spur 93) Business Parks.
Budgetary Impact:
The budgetary impact of this item is not to exceed the amount of$38,000.00. Funds
are available in PAEDC Account No. 120-80-625-5479-00-00-000.
Recommendation:
It is recommended that the Port Arthur City Council approve the PAEDC's acceptance of a bid
and enter into an agreement with B&N Mowers LLC for tractor mowing services at the Highway
73, Jade Avenue and Spur 93 Business Parks.
P. R. No. 23235
7/11/2023 I JMC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO A CONTRACT FOR
THE TRACTOR MOWING SERVICES OF THE
HIGHWAY 73, JADE AVENUE AND SPUR 93 BUSINESS
PARKS WITH B&N MOWERS, LLC OF PORT ARTHUR,
TEXAS, IN THE AMOUNT NOT TO EXCEED $38,000.00.
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 properties known as the Highway 73, Jade Avenue and Spur 93 Business
Parks and is obligated to maintain these properties; and
WHEREAS, the PAEDC advertised a Request for Proposal (RFP) for tractor mowing
services at the Highway 73, Jade Avenue and Spur 93 Business Parks; and
WHEREAS, a PAEDC representative reviewed all quotes submitted for this project;
quotes were submitted by Howell's Bushhogging at $98 per acre and B&N Mowers, LLC at
$30 per acre, and
WHEREAS,at their July 10,2023,Regular Board Meeting the PAEDC Board of Directors
approved the quote for the tractor mowing services of the Highway 73, Jade Avenue and Spur 93
Business Parks submitted by B&N Mowers, LLC. The PAEDC recommends awarding the
contract, Exhibit "A", for the tractor mowing services to B&N Mowers, LLC based on a cost of
$30.00 per acres, and an amount not to exceed $38,000 for a period of 1 year, with an option to
renew for two 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 B&N Mowers, LLC for Tractor
Mowing Services of the Highway 73, Jade Avenue and Spur 93 Business Parks in the amount not
to exceed$38,000 for a period of 1 year,with an option to renew for two 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., 2023,
at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES:
Mayor
Councilmembers
NOES:
Thurman Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
Page 2
APPROVED:
TerSt es, PAEDC CEO
APPROVED AS TO FORM:
Charles Zech, PAEDC Attorney
APPROVED AS TO FORM:
Valecia R.Tizeno,City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Daniell,inance Director
AGREED TO:
B&N Mowers, LLC
By:
Print Name:
Page 3
Exhibit "A"
CONTRACT FOR THE TRACTOR SERVICE OF
CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION BUSINESS PARKS HIGHWAY 73, SPUR 93 & JADE AVENUE
IN THE CITY OF PORT ARTHUR, TEXAS
THIS CONTRACT made the day of ,2023, 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 B&N Mowers, LLC, 5321 Terrace Ave.,
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 , 2023 to
, 2024, with an option to renew, at the sole discretion of Owner,
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
("Mowing Services").
3. Specifications for Mowing Services for PAEDC Business Parks Highway 73, Spur 93
& Jade Avenue:
a. The OWNER's business parks are located at 3330 Highway 73 and 9555 West
Port Arthur Road.
b. CONTRACTOR will be cutting approximately 7.269 acres at Highway 73 and
198 acres at West Port Arthur Business Parks.
c. CONTRACTOR is responsible for cutting grass area six feet from curbs in the
Business Park.
d. CONTRACTOR responsible for trimming around any fire hydrants or signs
within the cutting area.
e. 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.
f. All litter and debris shall be disposed of properly, off site, at the
CONTRACTOR's expense.
g. 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.
1
This shall also include items produced from a maintenance task such as
moving and/or landscaping.
h. 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.
i. Entrance roads, approaches, and/or driveways are to be maintained, where
applicable.
j. The Port Arthur EDC will call CONTRACTOR ("notification") to cut grass
on an as needed basis. Port Arthur EDC estimates four (4) cuts per year, it
may be more.
k. Work must be completed within seven (7) calendar days of notification to cut
grass unless the OWNER grants an extension.
1. Acreage of property will decrease as Business Parks are developed.
CONTRACTOR is not responsible for the newly developed property.
m. CONTRACTOR will be responsible for any damages to publicly owned
properties and/or structures.
n. Ruts caused by CONTRACTOR's equipment shall be filled at
CONTRACTOR's expense.
o. 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 OWNER'S Highway 73, Spur 93 &Jade Avenue Business Parks as set forth above
at the rate of$30.00 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. CONTRACTOR'S Status: The CONTRACTOR is an Independent Contractor.
CONTRACTOR and CONTRACTOR'S employees are not the agents, servants or
employees of the OWNER. This Contract does NOT form a partnership or any other
form of association and does NOT allow CONTRACTOR to bind or make OWNER
liable to any other entity other than the CONTRACTOR.
9. 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.
10. Compliance With Law: CONTRACTOR, its agents, employees and subcontractors must
comply with all applicable federal and state laws, the charter and ordinances of the City of
Port Arthur, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies. CONTRACTOR must obtain all necessary permits,
bonds and licenses that are required in completing the work contracted for in this agreement.
11. Governing Law/Venue: Texas law governs this Contract, and any lawsuit must be filed in a
court that has jurisdiction in Jefferson County,Texas.
12. This Contract shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
13. 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.
Signatures next page.
Signed on the day of , 2023.
City of Port Arthur Section 4A
Economic Development Corporation
PAEDC President
ATTEST:
PAEDC Secretary
Signed on the _ day of , 2023.
B&N Mowers, LLC
By:
Breton Newcost