Ordinance No. 4,77670813 -3
ORDINANCE NO. 4776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 4650 ADOPTED FEBRUARY 12,
1987; AWARDING THE ANNUAL LOT MOWING CONTRACT; AND
® PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, by Ordinance No. 4650 adopted February 12, 1987,
the City Council of the City of Baytown, Texas, did award the
annual contract for lot mowing; and
WHEREAS, the low bidder for that contract has advised the
City of Baytown that due to equipment failure, he will be unable
to complete the remainder of the contract year; and
WHEREAS, the second low bidder, Parrino Brothers, can
fulfill the contractural requirements for the amounts specified
in the original bid; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Ordinance No. 4650 adopted February 12,
1987, is hereby repealed.
Section 2: That the City Council of the City of Baytown,
Texas, hereby accepts the bid of Parrino Brothers for the annual
contract for the sum of EIGHT THOUSAND AND N01100 ($8,000.00)
DOLLARS.
Section 3: The City Manager and City Clerk are hereby
authorized to execute and attest to a contract with Parrino
Brothers for lot mowing services. A copy of said contract is
attached hereto as Exhibit "A" and made a part hereof for all
intents and purposes.
Section 4: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 13th day of August,
1987.
el-
.� ETT 0. HUTTO, Mayor
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El
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0 ATTEST:
LYNDA K GORE, Deputy gity Clerk
RANDALL- . STRONG, cl' kf Attorney
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AGREEMENT FOR
LOT MOWING SERVICE
® By and Between
THE CITY OF BAYTOWN. TEXAS
and
THIS AGREEMENT for Lot Mowing Service made and entered into at
Baytown, Texas, this day of
by and between the CITY OF BAYTOWN, TEXAS, a Texas Municipal
Corporation, hereinafter called the "City and
having its principal place of business in the City of Baytown,
Texas, and hereinafter called the "Contractor ";
WITNESSETH:
WHEREAS, the City desires to have mowing services for designated
lots and tracts provided in the City:and
WHEREAS, the City Council of the City of Baytown, Texas, did
authorize the administration to advertise for bids for the
lot mowing service; and
WHEREAS, notice to bidders as to the time and place, when and
where the contract would be let was published pursuant to
provisions of-Section 74 of the Charter.of the City of Baytown;
and
WHEREAS, all
bids were opened and publicly read at City Hall at
as per published notice to bidders; and
WHEREAS, the City Council of the City of Baytown, Texas, accepted
the bid of for lot mowing service by
Ordinance No. dated the day of
NOW THEREFORE,
In consideration of the mutual covenants and agreements herein
recited, by each to be performed, it is hereby agreed by and
between the parties hereto as follows:
1.0 SERVICE
Contractor covenants and agrees to furnish mowing services in
compliance with the following requirements:
a. Scope - Contractor shall furnish labor and equipment to
mow high grass and weed 5 on a l l proper'•t 1 e5 and clear
ear
some properties of rubbish. He shall furnish cleanup of
adjacent roads and properties to prevent blocking
drainage ways and the littering of adjacent properties
with cuttings after mowing.
EXHIBIT
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b. Notice - Contractor shall provide the specified services
upon receipt of a written authorization from the City of
Baytown Health Department.
C. Residential Lots - They shall be mowed within five (5)
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inches of any buildings, trees, and shrubs. Average lot
size is 50' x 100'.
d. Tracts of Land - On all other tracts land, that area of
land within 50 to 100 feet
of any building, structure,
or roadway shall be mowed.
e. Rubbish Removal - Contractor shall be responsible for
the
disposal of rubbish and shall dispose of all rubbish
at an approved facility unless specifically notified
otherwise by the City of Baytown Health Department.
f. Contractor's Equipment - Contractor shall have at least
two (2) tractors with a PTO horsepower of at least 30 HP
or greater, these tractors shall also be equipped with
the appropriate mowing attachments (rotary cutting
mowers). This equipment shall be in good repair and
qualified operators, at least two, shall be responsible
for the care and handling of the equipment to carry out
the requirements fo the contract. The City of Baytown
reserves the right to prohibit the Contractor from
working with a piece of equipment we deem to be a danger
to the Contractor or the general public.
g. Hand Equipment - Contractor shall have hand mowers,
weedeaters, and other related equipment, i.e. rakes,
brooms, saws, available to complete necessary clean -up
or smaller jobs.
h. Contractor shall also be a driver performing mowing
duties.
i. Incapacitated Mowers - Contractor shall have access to a
dozer or winch truck to free mowers that have become
incapacitated. The City of Baytown is not responsible
for freeing incapacitated mowers.
j. Survey /Job Assessment - It shall be the Contractor's
responsibility to inspect all lots to be mowed before
the work is to begin. Contractor shall be prepared to
mow lots on their notice of expiration date.
k. Records Keeping - Contractor shall keep records of all
billings in accordance with the Health Department's
accounting system. Records shall include a breakdown of
all equipment used, hours worked, dumping fees, and
other related records.
1. Completion Time - After notification in writing of
properties to be mowed by the Health Department, all
mowing and billing must be completed within seven (7)
working days; provided however, that reasonable
extensions may be granted due to inclement weather.
After notification by telephone, the Contractor is to
pick up the information on properties to be mowed at the
Health Department Office, 220 West Defee Street,
Baytown, Texas.
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M. Inspection - All work performed must be satisfactory to
the City of Baytown and comply with all requirements of
the City ordinance covering "Rubbish and Weeds" (Chapter
15, Health and Sanitation, Article III). The City of
® Baytown reserves the right to conduct an inspection by a
representative of the Health Department of completed
work.
n. Location - Due to the need of the City of Baytown to be
in contact with the Contractor on almost.a daily basis,
the Contractor's requirement to inspect all lots prior
to mowing, and the necessity of the Contractor being
able to meet with Health Department personnel on short
notice, the Contractor or his place of business shall be
within 15 miles of the City of Baytown.
2.0 COMPENSATION
An invoice for the work performed shall be submitted to the
City as specified herein following the completion of mowing
and clearing the assigned lot(s) or tract(s). The Contractor
shall be paid an hour for each mower, driver, and /or
hand work provided, however, that Contractor shall be
Paid a
minimum of
for each lot mowed. The City agrees to
reimburse the Contractor for all mileage fees to and from the
dumpsite at $.21 per mile and to reimburse the Contractor all
documented dumping fees for all properties assigned. All
wages, taxes, and workmen's compensation of all equipment
operators are to be paid by the Contractor.
Contractor shall receive additional compensation for the
utilization of unusual equipment, such as bulldozers or
front -end loaders, to meet the Health Department's
requirments in cleaning up lots and /or tracts of land. This
compensation shall be determined by mutually agreement of the
Health Department and the Contractor, but shall not exceed
the Contractor's cost of acquiring the equipment.
3.0 INDEPENDENT CONTRACTOR
It is expressly agreed and understood by both parties he
that is an independent
contractor in its relationship to the City of Baytown.
Nothing herein contained at any time or in any manner shall
be construed to effect an agreement of partnership or joint
venture or render any party hereto the employer or master of
the other party and /or its employees, agents, or
representatives.
® 4.0 INSURANCE
Contractor agrees to carry Vehicle Liability Insurance and
Comprehensive General Liability Insurance for its operations
and will furnish the City Clerk proof of a minimum liability
coverage of limits Of $500,000 combined single limit prier tO
commencement of contract.
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5.0 INDEMNIFICATION AND ASSUMPTION OF LIABILITY
Contractor agrees to indemnify, hold harmless, and defend,
the City of Baytown, its agents, servants, or employees, from
and against any and all claims for damages or injuries to
persons or property of whatsoever kind of character, whether
real or asserted, arising out of or incident to the
provisions of this Contract, and Contractor agrees to assume
all liability and responsibility for said.injuries, claims or
suits for damages to persons or property.
6.0 REVOCATION OF CONTRACT
The City Council reserves the right to cancel this Contract
in the event the services performed by Contractor hereunder
are unsatisfactory in the judgement of the City Council, and
further for the violation of any provision hereof.
7.0 INCLUSION
The "Invitation To Bid" shall be.body and part of this
agreement.
8.0 TERM
This Contract shall become effective on the day of
19879 and shall be in force and effect for a
period of twelve (12) months, terminating on the day
of , 1988. This Contract may be renewed for four
(4) additional one (1) year periods upon receipt by the City
of written notice from the Contractor of his desire to renew
at least thirty .(30) days prior to expiration of this
Contract and the City's mutual agreement of such. Such
renewal shall be for the same compensation set forth in 2.0
COMPENSATION section, plus an inflation factor equal to the
increase in the Consumer Price Index for the United States
for the prior calendar year, as published by the United
States Government.
EXECUTED on this day of 1987.
ATTEST:
EILEEN P. HALL, City Clerk
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CITY OF BAYTOWN
BY
FRITZ LANHAM, City Manager
CONTRACTOR
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