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HomeMy WebLinkAboutPR 15482: PLEASURE ISLAND COMM. INTERLOCAL AGREEMENT (MAINTENANCE OF PARKS)Interoffice MEMORANDUM To: Mayor, City Council, and City Manager ~ ~' From: Valecia R. Tizeno, Acting City Attorney v Date: October 30, 2009 Subject: P. R. No. 15482; Council Meeting November 3, 2009 Attached is P. R. No. 15482 authorizing the City Manager to enter into an Interlocal Agreement with the Pleasure Island Commission as it pertains to the maintenance of the parks on the Island. VRT:ts Attachments cc: Assistant City Manager/Administration Director of Finance Jimmy R. Dike Director PLEASURE ISLAND COMMISSION 520 Pleasure Pier Boulevard Port Arthur, TX 77640 z.pr15482_memo P. R. No. 15482 10/22/09 is RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE PLEASURE ISLAND COMMISSION AS IT PERTAINS TO THfi MAINTENANCE OF THE PARKS ON THE ISLAND WHEREAS, the City approved funding in the amount of $41,200 to assist the Pleasure Island Commission in the maintenance of the parks on the Island; and WHEREAS, it is deemed in the best interests of the citizens to enter into an Interlocal Agreement between the City of Port Arthur and the Pleasure Island Commission, in substantially the same form as attached hereto as Exhibit "A" NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to enter into an Interlocal Agreement with the Pleasure Island Commission, in substantially the same form as attached hereto as Exhibit "A" 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., 2009, at a Meeting of the City Council of z.pr15482 the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: ~/~ ~ ~ ACTING CI Y ATTO EY APPROVED FOR ADMINISTRATION: /; ~/~. CI Y MANAGER APPROVED AS TO THE AVAILABILITY OF FUNDS: DIRECTOR OF FIN 2.pr15982 EXHIBIT "A" INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE PLEASURE ISLAND COMMISSION This Contract is made by and between the City of Port Arthur (hereinafter called "City") and the Pleasure Island Commission (hereinafter called "PIC"), agreeing to the following terms and conditions for the funding of the maintenance of the parks on the Island: WHEREAS, the City Council approved funding in the amount of $41,200 to assist the PIC in the maintenance of the parks on the Island for the Fiscal Year 2009/2010; and WHEREAS, the PIC, due to the mowing schedules being largely dependent upon the weather, wishes to submit a quarterly report of the dollars that are spent on the mowing of public parks on the Island and submit invoices for reimbursement, in an amount not to exceed $41,200. NOW THEREFORE BE IT AGREED BY AND BETWEEN THS PARTIES: Section 1. That the PIC agrees to invoice the City on a quarterly basis for expenses incurred as to the mowing of the public parks on Pleasure Island, in an amount not to exceed $41,200. Section 2. That the City herein agrees to reimburse the PIC for expenses incurred as to the mowing of z.pz15482_nterlocal agreement the public parks on Pleasure Island, up to an amount not to exceed $41,200. SIGNED AND AGREED to on the day of , 2009. CITY OF PORT ARTHIIR BY: SIGNED AND AGREED to on the day of , 2009. PLEASURE ISLAND COMMISSION BY: z.pr15482_interl ocal agreement EXHIBIT "A" TO THE INTERLOCAL AGREEMENT CONTRACT FOR GRASS CUTTING SERVICES THIS AGREEMENT, made this 10th day of Mav 2009 , 1995, by and between J ~ , hereinafter called the Con rac or, an e P easure Island Commission, hereinafter called the "Commission," is to commence Ma_~~p~ and to terminate May 9, -~~lp __, unless sooner ermrna a under the provisions-~e-re`oi: WITNESSETH, that the Contractor and the Commission for the consideration stated herein mutually agree as follows: 1. STATEMENT OF WORK The work to be performed under this Contract is located within an area designated as the area in the City of Port Arthur, on property owned by the City and managed by the Pleasure Island Commission. The Contractor shall furnish all supervision, labor, materials, machinery, tools, equipment and service and perform and complete all work in an efficient and workmanlike manner as follows: 2. PRINCIPAL ITEMS OF WORK Principal items of work on vacant lots consist of: A. Cutting grass on vacant land, on separate lots, Rights-of-Way, etc., as assigned and directed by the Commission. B. Approximately 9 sections. C. The number of sections are subject to change during Contract period. D. Contractor to receive written Notice to Mow by section description. 3. TECHNICAL SPECIFICATIONS A. May be cut with tractor-type mower or mowing machine. Ruts to be filled at Contractor's expense. Disc golf course is to be cut with flail-type mower. B. To be clean cut to the height of 1 1/2 inches. C. Pressing grass down not permitted. - 4 - D. All sections in the Public during weekdays. Contract cut the entire Public Area days under average weather and lots in Mariner's Cove weekends. VACANT LOTS CONTRACT PRICE Areas shall be cut ~r will be expected to within ten working conditions. Sections may be cut on The Pleasure Island Commission will pay the Contractor for performance of the Contract in accordance with the bid sheet attached hereto as EXhlbit "A". 5. RELEASES AND RECEIPTS The Pleasure Island Commission, before making payment, may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or services to the Contractor, or any sub-contractors for work under this Contract, if this is deemed necessary to protect its interests. 6 7 PAYMENTS Contractor shall submit a statement for payment for mowing services before payment will be made. The Notice to Mow Form may be used as a statement when properly validated and the Contractor's address and company's name is placed on the Notice to Mow Form. TIME FOR COMPLETION The work which the Contractor is required to perform under this Contract shall be fully completed within seven (7) consecutive calendar days following receipt of Notice to Mow designated property. If the work which the Contractor is required to perform is not complete within ten (10) calendar days, the Commission will pay 90$ of that section's bid price for work done after the 10th day. If the work assigned to Contractor is not complete within fourteen (14) calendar days, the Commission shall have the authority to have such work completed by any means at its command, which shall not constitute a violation of this Contract. Further, by undertaking such work, the Commission shall not have waived its right for Contractor's failure to perform the work in accordance with this Contract, including the right to recover excess costs of such work over the Contract amount and to terminate this Contract _ r, for default. CARE OF WORK The Contractor shall be responsible for all damages to persons or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the Commission. INSPECTION BY LOCAL PUBLIC AGENCY The Pleasure Island Commission or authorized agent shall have the right to inspect the work at all times and at the completion thereof. 10. SUB-CONTRACTS The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received written approval from the Pleasure Island Commission. 11. ACCIDENT PREVENTION A. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on- or off-site, which occur as a result of his performance of the work. B. The Contractor shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the Commission with reports concerning these matters. 12. INDEMNIFICATION The Contractor shall defend, indemnify and hold harmless the Pleasure Island Commission and its respective officers, agents and employees from and against all damages, claims, losses, demands, suits, judgements and costs including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgement, cost or expense: A. Is attributable to bodily injury, sickness, - 6 - disease or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, B. Is caused in whole or in part by any negligent act or omission of the Contractor or sub-contractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 13 INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by the Commission. The Contractor shall, at his own expense, purchase, maintain and keep in force such insurance of the following types and limits 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 any sub-contractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. (No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount (or specific formula for determining a specific dollar amount) is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance). A. Standard Workers' Compensation Insurance; B. Commercial General Liability occurrence type insurance ("XCU" and products/completed operations coverage must be included, and the Pleasure Island Commission, its officers, agents, and employees must be named as an additional Insured). 1. $500,000 single limit per occurrence; $500,000 aggregate. C. Comprehensive Automobile Liability (owned and non-owned vehicles). 1. Bodily Injury $250,000 single limit per occurrence, or $150,000 each person/$250,000 per occurrence; 2. Property Damage $100,000 per occurrence. - 7 - D. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, Contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE Form attached to and made a part of the Information to Bidders, aCdand pertaining to the above listed items, A, B, D; and before commencing any of the work and within the time otherwise specified, Contractor shall file said completed Form with the Pleasure Island Commission. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the Pleasure Island Commission. Contractor shall also file with the Pleasure Island Commission valid CERTIFICATE OF INSURANCE on like form covering all sub-contractors. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the Pleasure Island Commission not more than ten (10) days after execution of this Contract. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the Contractor for any work performed under the Contract until all of the required insurance documentation is received by the Pleasure Island Commission. 14. COMPLIANCE WITH COPELAND ANTI-KICKBACK ACT The Contract shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti-Kickback Act" of June 13, 1934 (43 Stat. 948.62 Stat. 862 Title 18 U.S.C., Section 874; and Title 40 R - U.S.C. Section 276c), and any amendments or modifications thereof shall cause appropriate provisions to be inserted in contracts with sub-contractors to insure compliance therewith by all sub-contractors subject thereto and shall be responsible for the submission of statements required of sub-contractors thereunder. 15. INTEREST OF MEMBERS OF COMMISSION No member of the governing body of the Commission, and no other officer, public official, employee or agent of the Commission who exercises any function or responsibilities in connection with the planning and carrying out of the program, shall have any personal, financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. 16. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The Contractor will cause the foregoing provisions to be inserted in all sub-contracts for any work covered by this Contract so that such provisions will be binding upon each sub-contractor, provided that the foregoing - 9 provisions shall not apply to contracts or sub-contracts for standard commercial supplies or raw materials. 17. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the Contractor shall fail to fulfill in 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 Commission 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 five (5) days before the effective date of such termination. IN WITNESS WHEREOF Percy J. Villemez, Jr. has caused this Contract t~ a execu a is t ay of May 2009 , A.D., Joe 's Tractor Service Company Name n n ~~ TITLE: Owner ATT IN WITNESS WHEREOF the Pleasure Island Commission has caused this Contract to be executed this 10th day of May 2009 , A.D., THE PLEASURE ISLAND COMMISSION BY ;,,~ -y~~% TITLE: Director 10 - PLEASURE BID FOR CONTRACT 1 NAME OF BIDDER J~p ADDRESS _ ~ C) 6 ~ l~ us CITY, STATE 1 ~ r~" ~"~ TELEPHONE NUMBER ~ Q CI Ladies/Gentlemen: ISLAND COMMISSION `. FOR GRASS CUTTING SERVICES ~Y`aC-~Or J~('~jCe sz ~1 '~. „r +TeX~S ~7 6 40 ~7 ~ 6 f o 5 ___. I, or we, the undersigned, hereby submit this our bid for grass cutting of City-owned property, managed by the Pleasure Island Commission, as assigned and/br directed in accordance with the terms, prices and other conditions shown below, and in accordance with the Commission's specifications and general conditions of bidding. DESCRIPTION BID PRICE 1. Section 1 $ OMIT A. Mowing Only OMIT i B. Mowing & Trim Work $_, r-~~Q~~OnI [ 2. Section 2 °_~ -~ A. Mowing Only $ 4' ~C,a x '~{~'~~ B. Mowing & Trim Work $ 6'sU •~ 3. Section 3A ~~ p`j4N ~rOvN~A. Mowing Only $ SC'-sxy . B. Mowinq & Trim Work $.~ 4. Section 3B o~, A. Mowing Only $ ~'~ S '~ D~SK ~~,'`~ B. Mowing & Trim Work $ SSy-~ 5. Section 4 N y~°jf~'~ A. Mowing Only $ ~'~'s ~~~ 'Y B. Mowing & Trim Work $ 6 ZS 6. Section 5 A. Mowing Only $ OMIT B. Mowing & Trim Work $_OMIT - 11 - 7. Section 6 A. Mowing Only $ ,5 ~] 5 xx B. Mowing & Trim Work $ !i ~,- 8. Section 7 A. Mowing Only $ OMIT B. Mowing & Trim Work` $ OMIT 9. Section 8 A. Mowing Only $ OMIT B. Mowing & Trim Work $ OMIT 10. Section 9 A. Mowing Only $ ~ 95 ~ x B. Mowing & Trim Work $ 3.5-o T li. Alternate Section 10 A. Mowing Only $ z ,50 B. Mowing & Trim Work- $ "Is xr 12. Office Yard $ OMZT 13. Edging on Pleasure Pier Blvd. $ ~5 G 14. Beach Club A. Mowing. Only $ ,Z C O x° B. Mowing & Trim Work $ 2 ds . .c ~ 15. Mariner's Cove A. Mowing Only $ ( CO°---~° 0 B. Mowing & Trim Work' $ i 1 Ob ~= DATE SI AT E OF BIDDER NO BID WILL BE ACCEPTED UNLESS SUBMITTED ON THIS BLANK IN DUPLICATE AND PROPERLY SIGNED. - 12 -