HomeMy WebLinkAboutPR 23762: RENEWAL OF A CONTRACT WITH FREY LANDSCAPE LLC WITH THE PAEDC BUSINESS PARKS pOin *VRTHUR
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INTEROFFICE MEMORANDUM
Date: June 4, 2024
To: Honorable Mayor and City Council
Through: Ron Burton, CPM I City Manager
From: Terry Stokes, PAEDC Chief Executive Officer
RE: PR 23762 I Renewal of a contract with Frey Landscape LLC for landscaping and
irrigation services at the Spur 93 and Jade Ave. Business Parks.
The intent of this Agenda Item is to seek the City of Port Arthur City Council's approval for the
renewal of a contract with Frey's Landscape LLC of Orange, Texas for landscaping and irrigation
maintenance of the Spur 93 and Jade Ave. Business Parks.
Background:
The PAEDC advertised a Request for Proposal(RFP)for Landscaping and Irrigation Maintenance
at their Spur 93 and Jade Ave. Business Parks. Frey's Landscape LLC was the only proposal
submitted for review. PAEDC entered into a contract with Frey's Landscape LLC of Orange,
Texas for landscaping and irrigation maintenance of the Spur 93 and Jade Ave. Business Parks on
July 11, 2023, with the option to renew for a two (2) additional 1- year periods. This will be the
first renewal (second year) of this contract. Frey's has provided satisfactory service in the past.
Budgetary Impact:
The budgetary impact of this item is $90,600.00; funds available in EDC Account
No. 120-80-625-5479-00-00-000.
Recommendation:
It is recommended that the City of Port Arthur City Council approve the renewal of a contract with
Frey's Landscape LLC of Orange, Texas for landscaping and irrigation maintenance of the Spur
93 and Jade Ave. Business Parks.
P. R. No. 23762
6/4/2024 JMC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO APPROVE THE FIRST RENEWAL
OF A CONTRACT FOR LANDSCAPING AND
IRRIGATION MAINTENANCE AT THE SPUR 93 AND
JADE AVE. BUSINESS PARKS WITH FREY'S
LANDSCAPE LLC OF ORANGE, TEXAS IN THE
AMOUNT OF $90,600.00; PAEDC FUNDING ACCOUNT
NO. 120-80-625-5479-00-00-000
WHEREAS, the Board of Directors of the City of Port Arthur Section 4A Economic
Development Corporation ("PAEDC") previously approved a proposal and entering into a
contract for landscaping and irrigation maintenance at the Spur 93 and Jade Ave.Business Parks
with Frey's Landscape LLC ("Frey's")at an annual cost of$90,600.00; and
WHEREAS, at their June 3, 2024, board meeting, the PAEDC Board of Directors
recommends approving the first renewal (second year) of the contract for landscaping and
irrigation maintenance with Frey's based on prior performance of landscaping and irrigation
service in the amount of$90,600.00 for a period of one (1) year with an option to renew for one
(1) additional 1-year period per 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 a
contract between PAEDC and Frey's for landscaping and irrigation service in the amount of
$90,600.00 for a period of one(1)year with an option to renew for one(1)additional 1-year period.
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., 2024,
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:
Terry Stokes,PAEDC Chief Executive Officer
APPROVED AS TO FORM:
Charles Zech,PAEDC Attorney
Page 2
APPROVED AS TO FORM:
J`m s M.Black,Interim City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
6/10 it
L n Boswell,Finance Director
AGREED TO:
Frey's Landscape LLC
By:
Print Name:
Page 3
EXHIBIT "A"
Page 4
CONTRACT FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE
FOR THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION SPUR 93 & JADE AVE. BUSINESS PARKS
IN THE CITY OF PORT ARTHUR, TEXAS
THIS CONTRACT,made the day of , 2024, 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, 1105 Pier Road,
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 July 11, 2024 to July 10, 2025, 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 per attached Exhibit "A'.
3. Specifications for Landscape and Irrigation Maintenance of the Spur 93 & Jade Ave.
Business Parks per attached Exhibit "A'.
4. The CONTRACTOR will perform the above mention services at the OWNER'S Spur
93 and Jade Ave. Business Parks for 12 months for an annual rate of$90,600.00.
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) days 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 Contractor 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. 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.
10. Indemnity: The CONTRACTOR shall indemnify, hold harmless and defend the
OWNER, its officers, agents and employees, from and against liability for any and all
claims, liens, suits, demands, and/or actions for damages, injuries to persons
(including death), property damage (including loss of use), and expenses, including
court costs and attorneys' fees and other reasonable costs arising out of or resulting
from the CONTRACTOR'S work and/or activities conducted in connection with or
incidental to this Contract and from any liability arising out of or resulting from the
intentional acts or negligence, including all such causes of action based upon
common, constitutional, or statutory law, or based in whole or in part upon the
negligent or intentional acts or omissions of CONTRACTOR, including but not
limited to its officers, agents, employees, subcontractors, licensees, invitees, and other
persons.
11. 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.
12. Governing Law/Venue: Texas law governs this Contract, and any lawsuit must be filed in a
court that has jurisdiction in Jefferson County,Texas.
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 on the following page.
Signed on the day of ,2024
City of Port Arthur Section 4A
Economic Development Corporation
President
ATTEST:
Secretary
Signed on the day of ,2024
Mark Frey d/b/a Frey's Landscape LLC
By:
Mark Frey
Exhibit "A"
Specifications For
Port Arthur Economic Development Corporation
Spur 93 and Jade Ave. Business Parks
Landscape and Irrigation Maintenance
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 following:
EDC BUSINESS PARK IRRIGATION MAINTENANCE
General Check up every 3 months to include:
• Contractor shall consistently maintain all components of the irrigation system in proper
working order, as per manufactures specifications, by inspection the entire system on as
ongoing basis.
• Adjusting nozzles, rotors, and bubblers for proper coverage.
• Check for leaks in system.
• Check for valves that may be sticking.
• Check filters in pop up sprayers.
• Check control panels for proper times of watering, frayed wires, wasp nest, ants, and
overall condition.
• Check to ensure that all heads and valve covers are at proper height to ensure that no
damage will occur by mowing equipment.
Every 6 months to include:
• Flush entire system manually at each valve.
• Ensure each valve is working properly.
• Inspect backflow devices for leaks.
• Generate a written report for each inspection performed and submit to EDC office.
• All sprinkler heads & components of the sprinkler system will be replaced with original
parts.
• Contractor must be licensed irrigator.
• No subcontractors.
EDC BUSINESS PARK LANDSCAPE MAINTENANCE
Every visit to include:
• Contractor shall mow, edge, and trim all turf areas.
• Contractor is responsible for trimming around any fire hydrants or signs within the
cutting area.
• Clear weeds from mulched bed area.
• Contractor shall 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.
• Entrance roads, approaches, and/or driveways are to be maintained, where applicable.
• 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 smaller pieces by the mower.
• Contractors will be responsible for any damages to sprinkler systems or damages to city
properties and/or structures.
Every 6 months to include:
• Contractor shall provide mulch for all bed areas.
• Contractor shall prune all trees in work areas.
• Contractor shall trim all bushes in work areas.
• Application of fertilizers, insecticides, and herbicides.
• Provide a report of fertilizers, insecticides, and herbicides used.
1.02 INTENT OF LANDSCAPE MAINTENANCE:
The Contractor shall provide Owner with a project site that is attractive in
appearance and shall keep plant materials and lawns in a healthy and vigorous
condition using accepted horticultural standards.
1.03 CONTRACTORS PERFORMANCE:
The Contractor shall perform all work required to fulfill the intent of this section.
The workmen shall be neat in appearance, perform their work in a professional
manner, keep noise to a minimum and stage their work from a location on the site
out of the way of the mainstream of the users. The Contractor shall provide all
employees with the same uniform clearly identifying the company. In general,
the Contractor's presence on the site shall be as inconspicuous as possible.
This is a one (1) year contract with the option to renew for two (2) additional
one (1) year periods. The Port Arthur EDC can terminate this contract at its
convenience which includes, but not limited to, funding not being available in
any budget cycle with thirty (30) days written notice. Contract renewal for
2024-2025 is the first renewal, second year of the contract.
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