Ordinance No. 9,135ORDINANCE NO. 9135
C7
AN ORDINANCE ACCEPTING THE BIDS OF NIEDERHOFER ENTERPRISES,
INC., AND MIRACLE MAINTENANCE CONCEPTS FOR THE ANNUAL
VACANT LOT MOWING CONTRACT AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF EIGHTY THOUSAND THREE
HUNDRED SEVENTY -FIVE AND NO /100 DOLLARS ($80,375.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown did authorize the Purchasing
Department for the City of Baytown to advertise for bids for the Annual Vacant Lot Mowing
Contract to be received March 13, 2001; and
WHEREAS, notice to bidders as to the time and place, when and where the contract would
be let was published pursuant to the provisions of Chapter 252 of the Texas Local Government
Code; and
WHEREAS, all bids were opened and publicly read at City Hall at 2:00 p.m., Tuesday,
March, 13, 2001, as per published notice to bidders; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby accepts the bid of
Niederhofer Enterprises, Inc., for Item No. 1 of the Annual Vacant Lot Mowing Contract for the sum
of SIX THOUSAND AND NO /100 DOLLARS ($6,000.00) and authorizes payment thereof.
Section 2: That the City Council of the City of Baytown hereby accepts the bid of
Miracle Maintenance Concepts for Item Nos. 2, 3 and 4 of the Annual Vacant Lot Mowing Contract
for the sum of SEVENTY -FOUR THOUSAND THREE HUNDRED SEVENTY -FIVE AND
NO /100 DOLLARS ($74,375.00) and authorizes payment thereof.
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 TWENTY -FIVE THOUSAND AND NO /100 DOLLARS
($25,000.00) 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.
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INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 22nd day of March, 2001.
— Ax'c,
- PETE C. ALFARO, Nfayor
ATTEST:
Si41TH, City Clerk
APPROVED AS TO FORM:
4A CIO RAMIREZ, SR. C y Attorney
® dAMyDocuments\ Counci1\ 00- 01\ MarchlAwardAnnua ]VacantLotMowingContract
011/
ANNUAL VACANT LOT MOWING CONTRACT
1 , BY AND BETWEEN
NIEDERHOFER ENTERPRISES, INC.
-AND
THE CITY OF BAYTOWN, TEXAS
STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT for Annual Vacuit Lot Mowing Contract (the "Contract") made
and entered into at Baytown, Texas, this ray of ',, , 2001, by and
between the CITY OF BAYTOWN, TEXAS, a home-rule municipality located in Harris and
Chambers Counties, Texas, hereinafter called the "City", and NIEDERHOFER
ENTERPRISES, INC., 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
terms 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 (1") and minimum width of one-fourth
inch (1/4").
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Foreign growth shall include all weeds, thickets and noxious plants.
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 litter 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
two (2") inches 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.
Special requests shall refer to instructions directed by the Department of Health's
designee as to mahours charged for mowing, edging, weedeating, bush trimming, tree
trimming, debris pickup, etc.
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, structure or slab foundation/businessCity lot shall mean and refer to a
parcel of land (less than V2 acre City Lot) on which a vacated structure or slab is situated.
Such lot shall require hand mowing and grooming, 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 City lot (less than %2 acre City Lot) shall mean and refer to a parcel of land on
which virtually no structure is situated. Such lot shall require hand mowing and grooming
and may be specifically designated by the Director as a vacant lot in the written notice
issued.
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Vacant City lot Acreage to be mowed (1/2 acre or more City Lot acres) shall mean
and refer to a parcel of land on which virtually no structure is situated. Such lot shall require
mowing (most likely brush hog mowing) and may be specifically designated by the Director
as number of acres to be mowed in the written notice issued. Per acre charge will be prorated
according to size of lot.
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 Notice: The Contractor shall perform only that Work which is specified in
the written notice issued by the Director .
2.3 Equipment: The Contractor shall have mowing equipment necessary to
perform each item bid by Contractor to perform related work as necessary. The
scope of this work requires Contractor to perform 10-20 work orders per day
during growing season for all four items specified on the Invitation to Bid.
Therefore, Contractor shall have sufficient equipment and workforce to complete
work orders in a timely manner. All tractors shall also be equipped with the
appropriate mowing attachments (rotary cutting mowers). This equipment shall be
in good repair and qualified operators shall be responsible for the care and
handling of the equipment to carry 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.
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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
three (3") inches maximum. 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 growth: When removal services
are requested in the notice issued by the Director, all plant growth in cracks,
seams and/or joints of paved 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.
2.8 Edging: 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 (1/4") 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
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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. Each 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 or his designeee
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 Survey/Job Assessment: The Contractor shall be prepared to mow lots upon
receiving notification in writing (work orders) 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 Keeping: Contractor shall be required to provide two (2) pictures per
work order . Pictures shall be "instant picture" Polaroid type taken immediately
before and after mowing of each lot. Pictures shall have the name of the company,
time taken, and date taken on each picture submitted. Contractor shall be
responsible for all costs associated with taking pictures. Pictures shall be turned in
to the Health Department after completion of work to confirm inspection and
payment for services rendered. 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.
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 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
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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 Availability: 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.
2.16 Damages: Any damages to property that are the fault of the Contractor, such as
rutting property and or fence damage, shall be the responsibility of the Contractor
to make whole again by the Contractor at Contractor's expense
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 a maximum of$20.00 per hour for each man-hour, and/or hand work provided,
and/or trash or debris to be hauled off, as designated 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.
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4.0 INDEPENDENT CONTRACTOR
It is expressly agreed and understood by both parties hereto that the Contractor 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
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partnership or joint venture or render any party hereto the employer or master of the
other party and/or its employees, agents, or representatives.
5.0 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 CG 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 $100,000/$300,000/$100,000 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
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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) days, this Contract shall automatically
terminate with no notice to the Contractor required and the Contractor shall be
in breach of this Contract.
6.0 INDEMNIFICATION AND ASSUMPTION OF LIABILITY
THE CONTRACTOR HEREBY AGREES TO AND SHALL
INDEMNIFY, 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 PERFORMED 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, AND/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
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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 (I) 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. FURTHERMORE, THE
INDEMNITY 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 DEFEND THE ACTION OR
PROCEEDING BY COUNSEL ACCEPTABLE TO THE CITY.
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;
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(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;
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(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.
9.0 TERM: This Contract shall become effective on April 1, 2001, and shall be in force
and effect for a period of twelve (12) months, terminating on March 31, 2002. This
contract may be renewed for four (4) additional one (1) year periods, each additional
year renewable upon the City of Baytown's approval 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) sixty(63) days prior to expiration date.
Additionally, 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
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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
NIEDERHOFER ENTERPRISES, INC.
P. O. BOX 1279
BAYTOWN, TEXAS 77522-1279
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.
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 remedies accruing 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.
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be deemed to be an original, but all of which shall
constitute but one and the same Contract on the 4. $ day of
inked , 2001, the date of execution by the City Manager of the City
of Baytown.
CITY OF BAYTOWN
BY
MONTE MERCER, City Manager
ATTEST:
Judi /IMP
GAltft SMITH,City clerk
CONTRACTOR
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NIEDERHOFER ENTERPRISES,
INC.
BY
(signature)
D&
(printed name)
(title)
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, *�Ye- .th undersigned not? public, on this day
p sonally appeared P [\ K Ede( , in ,(his her capacity as
l-PcD 1 CI en of NIEDERHOFER ENTERPRISES, INC., on behalf of
such company, known to me; proved to me through his/her current driver's license
{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 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 r)- day of
P1, , 2001.
OcL- rr)(44- LIA(11 -CL`R
aJ� Notary Public in and for the State
CATHERINE CORMIER of Texas
11 MY COMMISSION EXPIRES Texas
SEPTEMBER 1,2003 lam" - 1 -C
3
My commission expires: •
`
•
13