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Ordinance No. 8,561990408 -13 ORDINANCE NO. 8561 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO THE ANNUAL VACANT LOT MOWING CONTRACT WITH ELOY RODRIGUEZ; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -EIGHT THOUSAND ONE HUNDRED EIGHTY -THREE AND 35/100 DOLLARS ($68,183.35); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and the City Clerk of the City of Baytown to execute and attest to the Annual Vacant Lot Mowing Contract with Eloy Rodriguez. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Eloy Rodriguez of the sum of SIXTY -EIGHT THOUSAND ONE HUNDRED EIGHTY -THREE AND 35 /100 DOLLARS ($68,183.35), pursuant to the contract. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTEEN THOUSAND AND NO/ 100 DOLLARS ($15,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the contractor to such decrease. 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 8`h day of April, 1999. (7. PETE C. ALFARO, Mayor ATTEST: ' 19�L2�-t2 )0 "Ze_ EILEEN P. HALL, City Clerk APPROVED AS TO FORM: J(AACIO RAWREZ, S ity Attorney c:\ MyDocuments %Council\Mectings\AprilWnnual VacantLotMowContrnct.doc ANNUAL VACANT LOT MOWING CONTRACT BY AND BETWEEN DLO K t_0-0 o_ 0r -z- -AND THE CITY OF BAYTOWN, TEXAS STATE OF TEXAS § COUNTY OF HARRIS § THIS AGREEMENT for Annual Vacant Lot Mowing Contract (the "Contract ") made and entered into at Baytown, Texas, this ' day of M(I r r , 19 _lq by and between the CITY OF BAYTOWN, TEXAS, a home -rule municipality located in Harris and Chambers Counties, Texas, hereinafter called the "City", and n A 0d , J � ,e-z . , hereinafter called the "Contractor "; WITNESSETH: WHEREAS, the City desires to have mowing services provided for designated lots and tracts in the City; and WHEREAS, the City desires such services be safe, economical, and effective and result in a coordinated and responsive maintenance program; and WHEREAS, the Contractor desires to provide such services in accordance with the terns of the Contractor's bid, the bid documents and this Contract; 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 DEFINITIONS The following words shall, unless the context otherwise requires, have the meanings ascribed to them below: City Manager shall mean the City Manager of the City of Baytown or his designated representative. Director shall mean the Director of Health or his duly authorized representative, who shall monitor the Contractor's progress within the maintenance project areas to which he /she is assigned. Edging shall refer to the vertical removal of any and all plant material which encroaches over or onto sidewalks (both sides), curbs, steps, driveways, and pavements. Edges shall be vertical, minimum depth of one inch (I") and minimum width of one -fourth inch (1/4 "). 0 Foreign growth shall include all weeds, thickets and noxious plants. EXHIBIT A Inclement weather shall mean rainy weather when the condition of the soil is such that the rutting of property shall not allow cutting of grass to be accomplished satisfactorily, as determined by the ® Superintendent. Litter shall mean any debris, trash, garbage, tree limbs, fragments, remains, ruins, rubble or loose materials of any nature which may distract from the appearance of the Property. Such term shall include, but not be limited to, paper, cans, bottles, limbs 3" or smaller in diameter, rocks, etc., which are not intended to be present as part of the landscape. Litter removal shall mean the removal of Iitter and debris from the assigned project area as determined by the Director. Litter removal shall require sweeping of hard surface areas such as sidewalks and driveways, as well as the removal of dead animals. The issuance of a work order for Litter Removal only, does not require mowing, trimming, landscaping or edging. Property means the properties, whether singular or plural, to be identified by the Director as requiring Contractor's services in accordance with this Contract. Scalping shall refer to any action which results in the mowing of any turf area below three and one -half inches (3' /2") in height down to and including the soil. Sucker growth shall mean the incidental vegetative growth arising from the base and lower trunk areas which are not essential to the overall well being of the plant. Trimming shall refer to the cutting or removal of all plant material immediately adjacent to or under the structures, trees, poles, culverts, signs, fences, etc., and shall also include removal of all plant material from expansion joints and any other cracks in curbs, sidewalks (both sides), driveways, parking lots and any other concrete surface within the right -of -way. Vacant home/business lot shall mean and refer to a parcel of land on which a vacated structure is situated. Such Iot shall require hand mowing and shall be specifically designated as a vacant home/business lot by the Director. in the written notice issued. Where no designation is made a lot shall be presumed to be a vacant lot as hereinafter defined. Vacant lot shall mean and refer to a parcel of land on which virtually no structure is situated. Such lot shall not require hand mowing and may be specifically designated by the Director as a vacant lot in the written notice issued. Work shall refer to those certain services required in this Contract and all notices issued pursuant hereto, including, but not limited to, mowing, trimming, edging, and litter removal as well as any other related services for the Property as specified in this Contract and the bid documents. 2.0 CONTRACTOR'S RESPONSIBILITIES 2.1 Scope: The Contractor shall furnish all the material, labor and equipment to perform all Work in a timely and workerlike manner as required herein. Furthermore, the Contractor shall cleanup adjacent roads and properties to prevent blocking drainage ways and the littering of adjacent properties with cuttings after performing the Work on each Property. 2 2.2 Notice: The Contractor shall perform only that Work which I specified in the written notice ® issued by the Director . 2.3 Equipment: The Contractor shall have at least two (2) tractors with a PTO horsepower of at least 30 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 (2), shall be responsible for the care and handling of the equipment to cart' out the requirements of the contract. Additionally, the Contractor shall have hand mowers, weedeaters, and other related equipment, i.e., rakes, brooms, saws, available to complete the Work assigned. The City of Baytown reserves the right to prohibit the Contractor from working with a piece of equipment, the Director deems to be a danger to the Contractor or the general public. The Contractor warrants that all equipment used in satisfying the Contractor's obligations under this Contract is adequate for the Work. The mowing equipment shall be equipped with sharp blades so as not to tear but cleanly cut the blades of grass. Additionally, the Contractor shall maintain or have immediate access to adequate backup equipment in order to sustain continuous operations in the event of equipment failure. The use of insufficient and/or inadequate machinery or equipment as determined by the City Manager or the Superintendent shall be deemed a breach of this Contract. 2.4 Litter Removal: The Contractor shall pick up litter and debris throughout the Property prior to mowing or performing any Work. The Contractor shall remove all litter from the gutters, sidewalks, and rights -of -way and place the same in plastic trash bags. Removal and disposal of litter and debris shall be the sole responsibility of the Contractor, and the Contractor agrees that he shall be responsible for all landfill fees, if any, associated with the disposal of the litter and debris. Any litter, cut or broken during maintenance operations, shall be completely removed from the Property immediately and prior to proceeding with any additional Work assigned. 2.5 Mowing: The grass shall be maintained/mowed to an approximate height of one and one -half inch ('/2 ") to two inches (2 "). Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from the mowing equipment. Turf shall be cut in a professional manner so as not to scalp turf or leave areas of clippings on any paved surface such as streets, parking lots, sidewalks or driveways or on adjacent properties. Any material so discharged shall be removed immediately prior to proceeding with Work on another Property. Removal of cut grass from the ground areas where growth occurred will not be required. Cut grass and debris which falls or is thrown by equipment upon the pavement streets, sidewalks, driveways or adjacent properties through the action of the Contractor or his work crew shall be removed from the area prior to the exit of the Contractor or his work crew from the Property of the immediate work site. 2.6 Trimming: When trimming services are requested in the notice issued by the Director, all structures, trees, poles, tables, signs, fences and shrub beds are to be trimmed closely. Special care shall be given to trimming around small trees so as not to inflict damage to the bark of the trees. 2.7 Removal of weeds and unwanted plant erowth: When removal services are requested in the notice issued by the Director, all plant growth in cracks, seams and/or joints of paved 3 areas such as sidewalks, curbs, parking areas and driveways shall be cut down to the pavement surface. All vines must be removed where they exist as a result of natural growth and not planted by intent as part of landscaping material, i.e., poison ivy, wild grape, Virginia creeper, etc. All are to be pruned removed and the stump treated with herbicide to prevent regrowth. The Contractor will remove *all sucker growth from the bases and lower trunks of trees within the project area. No herbicides shall be used without the prior express written approval of the Director. f 18 Edgier: When edging services are required in a notice issued by the Director pursuant to this Contract, all sidewalks, curbs and steps must be mechanically edged to a one inch (1 ") depth and one -fourth inch (3/4 ") width where they exist using a metal blade exposing the concrete surface. Edging may be accomplished with a string line trimmer. The Contractor when edging shall use a vertical, cut approach. All material dislodged by edging must be removed from the site prior to the Contractor or his work crew exiting such site. Sidewalks must be edged on both sides. 2.9 Incapacitated Mowers: The 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. 2.10 Personnel: The Contractor shall provide supervision of all work crews at all times while performing Work under this Contract. Personal supervision is not required provided that equipment or other means are provided that enable the work crew to communicate with the Contractor at all times. Eachl work crew shall have a designated person on the work site who has the authority to respond to inquiries about work details or priorities. Such designated person shall have the authority to receive instructions from the Director as well as to bind the Contractor. Such person will be the main contact person for contact during the term of this Contract. 2.11 Survev /Job Assessment: The Contractor shall be prepared to mow lots upon receiving notification in writing of Property on which work is to be performed by the Director. The Contractor shall be responsible for identifying and performing the required Work on the correct Property. 2.12 Records Kee ina: The Contractor shall keep records of all Work performed . Such records shall include a breakdown of all equipment used, hours worked, dumping fees, mileage and other related records required or requested by the Director. The City shall have the right through its agents and employees to audit and examine at all reasonable times, the Contractor's books and financial' and operational records which may be reasonably required by the City in order to enforce the terms of this Contract or to evaluate the Contractor's performance thereof. Financial records will be maintained with such adequacy so as to allow identification of the source of all'revenue and expenditures related to this Contract. 0 i 2.13 Completion Time: After notification in writing of the Property to be mowed by the Director, all work and billing must be completed within seven (7) calendar days; provided however, that 4 reasonable extensions may be granted at the sole discretion of the Director for delays caused by inclement weather. If the Director notifies the Contractor that the written notice of Work to be performed under this Contract is available in the Health Department Office, which is located at 220 West Defee Street, the Contractor shall have the responsibility to pick up such notice and the time period during which the Work is required to be performed shall commence within twenty-four (24) hours of such verbal notification. 2.14 Inspection: All work performed must be satisfactory to the City of Baytown and comply with all requirements of the ordinance of the City, including, but.not limited, to Chapter 42 "Health and Sanitation," Article II "Public Health Hazards ". The Director shall have the right to inspect any or all of the facilities, areas or equipment owned, leased or otherwise used by or in the care, custody or control of the Contractor. Such inspections may be related to, but are not limited to, verification of Work or conditions, safety, damages, or operational interests 2.15 Availabilitv: Due to the need of the City of Baytown to be in contact with the Contractor on a daily basis, the Contractor shall be available between the hours of 8:00 a.m. to 5:00 p.m., weekdays. 3.0 COMPENSATION An invoice for the Work performed shall be submitted to the City as specified herein following the completion of the Work on the assigned Property. The Contractor shall be paid $ �' an hour for each man-hour, and/or hand work provided, however, that the Contractor shall be paid a maximum of $ [+9�' for each vacant lot mowed, and Contractor shall be paid a maximum of $,' for each lot for vacant home /vacant lot mowed. The determination of whether a lot constitutes a vacant lot or a vacant home/business lot shall be made by the Director, whose determination is final and binding on the Contractor. All wages, taxes, workers' compensation of all of the Contractor's employees and all other expenses incurred in performing services under this Contract are to be paid by the Contractor. The Contractor may receive additional compensation for the utilization of unusual equipment, such as bulldozers or front -end loaders, to meet the Director's requirements in cleaning up lots and/or tracts of land if the Contractor obtains the written agreement of the Director prior to performing the Work utilizing such equipment. This compensation shall be determined by mutual agreement of the Director and the Contractor, but shall not exceed the Contractor's actual cost. Any payment required herein to be made by the City shall be paid within thirty (30) days after receipt of an invoice or thirty (30) days after receipt of the services. All invoices must specifically indicate the properties for which the City is being charged and the work required to be done along with details of any expenses submitted to be reimbursed by the City. 4.0 INDEPENDENT CONTRACTOR It is expressly agreed and understood by both parties hereto that the Contractor is an independent icontractor 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. 5 5.0 INSURANCE The Contractor shall at all times during this Contract maintain in full force and effect insurance as provided herein and which meets or exceeds the following minimum limits: (1) Commercial General Liability: This coverage must have a general aggregate of $500,000 and a minimum of $250,000 per occurrence. a. Coverage shall be at least as broad as ISO Cr 00 01 10 93. b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. (2) Statutory Workers' Compensation: This coverage must comply with all statutory amounts as required by Texas law and shall include a Waiver of Subrogation on behalf of the City. (3) Business Automobile Liability: This coverage shall have combined single limits of $500,000 'or limits of $100,0005300,000 5100,000 are acceptable. All automotive coverage is to include all owned and hired autos, if applicable. (4) Upon execution of this Contract, the Contractor shall file with the City valid certificates of insurance and endorsements acceptable to the City. Such certificates shall contain a provision that coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has been given to the City via certified mail, return receipt requested. (5) The Contractor shall also file with the City valid certificates of insurance covering all of its subcontractors. (6) The following are general requirements which are applicable to all policies: a. AM Best Rating of A:VII or better. b. Insurance carriers must be licensed and admitted to do business in the State of Texas. c. Liability policies will be on occurrence form. d. City, its officials and employees are to be added as Additional Insured to liability policies. e. Upon request of and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City of Baytown's representative. Certificates of insurance showing evidence of insurance coverage shall be provided to the City's representative prior to execution of this Contract. f. Upon request of and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City's representative. (7) Should any insurance required by this Contract lapse, the Contractor shall immediately cease all operations as of the time and date of such lapse, and shall not resume any operations until authorized in writing by the City. If the lapse period extends fifteen (15) 6 days, this Contract shall automatically terminate with no notice to the Contractor requires and the Contractor shall be in breach-of-this Contract. 49 6.0 NDEMI NIFICATION AND ASSUMPTION OF L-1ABILITY • THE CONTRACTOR HEREBY AGREES TO AND SHALL IivDENUNIk Y, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (HEREINAFTER AS USED IN THIS PARAGRAPH, WHETHER SINGULARLY OR COLLECTLIVELY, THE "CITY ")FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR LOSS OF USE OR REVENUE, OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK PERFORMED OR REQUIRED TO BE PERFOR'tiIED BY THE CONTRACTOR; HIS AGENTS, SERVANTS, EMPLOYEES, AND /OR SUBCONTRACTORS PURSUANT TO THIS CONTRACT, THE CONDUCT OR MANAGEMENT OF CONTRACTOR'S BUSINESS OR ACTIVITIES, OR FROM ANY ACT OR OMISSION BY CONTRACTOR, HIS AGENTS, SERVANTS, EMPLOYEES, AMID /OR SUBCONTRACTORS ON OR ABOUT THE PROPERTY. SUCH INDEMNITY SHALL APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE FROM (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY AND /OR (II) THE SOLE OR JOINT NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCE OF (1) THE CITY'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE AND (II) THE CONTRACTOR'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE OR JOINT CAUSE OF THE INJURY, DEATH, OR DAMAGE. FURTHERIMORE, THE INDETVINITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE IN INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE CONTRACTOR AGREES AND COVENANTS TO 7 DEFEND THE ACTION OR PROCEEDING BY COUNSEL ACCEPTABLE TO THE CIT . THE INDEMNITY PROVIDED FOR HEREIN SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. 7.0 TERMINATION The City, besides all other rights or remedies it may have, shall have the right to terminate this Contract without cause upon ten (10) days' written notice from the Director or City Manager to the Contractor of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Contract if the Contractor breaches this Contract, which shall include, but not be limited to, the following: (a) By failing to pay insurance premiums, liens, claims or other charges; (b) By failing to complete an entire maintenance cycle as and when required in this Contract; (c) By failing to pay any payments due the City, State or Federal Government from the Contractor or its principals, including, but not limited to, payments identified in this Contract any taxes, fees, assessments, or liens; (d) On the institution of voluntary or involuntary bankruptcy proceeding against the Contractor; (e) By death of the Contractor, or dissolution of the Contracting firm or business; (f) By violation of any provision of this Contract; and/or (g) By the abandonment or discontinuance of the Contractor's operations for a period of thirty (30) days. Should this occur, the City shall not be responsible for the custodial protection of merchandise, fixtures or equipment abandoned, even though it may be necessary for the City to remove the same for storage or disposal in its sole discretion. 8.0 ENTIRE AGREEMENT This Contract along with the Contractor's bid documents and all exhibits incorporated herein, shall constitute the entire understanding of the parties hereto with respect to the subject matter hereof, and no amendment, modification, or alteration of the terms shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by all parties hereto. Furthermore, this Contract shall not bestow any rights upon any third party, but rather, shall bind and benefit the Contractor and the City only. Should any of the provisions contained in any of the contract documents be in conflict or inconsistent with each other, such conflict or inconsistency shall be construed in favor of the City. Furthermore, both parties expressly agree that the City Manager shall be the sole and final decision -maker should any conflict arise hereunder. In the event of any • such conflict or any ambiguity in any of the terms of this Contract, such conflict or ambiguity shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 8 9.0 TERM This Contract shall become effective ou April.], 1999, and shall be in force and effect for a period of twelve (12) months, terminating on March 31, 2000. This Contract may be renewed for five (5) e 1 year periods, each additional year renewable upon the Ci of Ba own's approval additional on h' Yt PP ( )Y P � Y P and the receipt by the City of Baytown of written notice from the Bidder of his desire to renew said contract at least thirty (30) days prior to the expiration of the contract. Such renewal shall be for the same compensation set forth in the invitation to Bid and prices may be adjusted to reflect the Consumer Price Index (Urban) of the month sixty (60) days prior to expiration date. AdditionaIly,, the Bidder understands and agrees that upon the City's written request, this Contract may be extended for a period of time, not to exceed two (2) months after the expiration of the initial term or any renewal thereof, for the same compensation as the Bidder was receiving for the goods and/or services during the expired term immediately preceding the extension. Nothing contained herein, however, shall obligate the City during the extension period to renew and/or relet a contract with the Bidder for such goods and/or services. The City of Baytown may terminate extension at any time for any reason without prior notice. 10. NOTICES All notices required to be given hereunder shall be given in writing by telecopier, overnight, or facsimile transmission, certified or registered mail or by hand delivery at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: CONTRACTOR n Cl 0ez CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 11. COMPLIANCE WITH RULES AND REGULATIONS The Contractor shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. 9 ` 12. SALE OF INTEREST The Contractor may not sell or assign all or part interest in activities to another party or parties without written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 13. WAIVERS Failure of either party hereto to insist on the strict performance of any of the agreements contained herein or to exercise any rights or rc- nedies . ncmung thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 14. VENUE This Contract shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. 15. NO RIGHT TO ARBITRATION Notwithstanding anything to the contrary contained in this Contract, the City and the Contractor hereby agree that no claim or dispute between the City and the Contractor arising out of or relating to this Contract shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, the Contractor consents to be joined in the arbitration proceeding if the Contractor's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 16. SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. 17. AUTHORITY The officers executing this Contract on behalf of the parties hereby confirm that such officers have full authority to execute this Contract and to bind the party he /she represents. E IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, eaci, of which shall be deemed to be an original, but all of which shall constitute but one and the same Contract on the day of , 1999, the date of execution by the City Manager of the City of Baytown. ATTEST: EILEEN P. HALL, City Clerk CITY OF BAYTOWN BY MONTE MERCER, City Manager CONTRACTOR BY (signature) (printed name) (title) STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared in his/her capacity as of on behalf of such corporation, known to me; proved to me on the oath of ; or proved to me through his/her current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person)(,( one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , 1999. Notary Public in and for the State of Texas My commission expires: