Ordinance No. 1,961ORDINANCE NO.1961
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO
AN AGREEMENT BETWEEN EXXON PIPELINE COMPANY AND THE
CITY OF BAYTOWN WITHREGARDTO CERTAIN PIPELINE ALTERATIONS
ONWEST TEXAS AVENUE;AUTHORIZING THE PAYMENT BY THE
CITY OF BAYTOWN OF NINE THOUSAND ONE HUNDRED EIGHTYAND
NO/100 ($9,180.00)DOLLARS;AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,
Texas,hereby approves and authorizes and directs the Mayor
and City Clerk of the City of Baytown to execute andattest
to an agreement between Exxon Pipeline Company and the City
of Baytown with regard to certain pipeline alterations
resulting from the West Texas Avenue paving project.Rec
ommendations of Consulting Engineer,A.J.Busch,Jr.,are
attached hereto,marked Exhibit "A,"and made a part hereof
for all intents and purposes and authorizing the payment of
Nine Thousand One Hundred Eighty and No/100 ($9,180.00)
to Exxon Pipeline Company for that purpose.
Section 2:This ordinance shall take effect from and
after its passage bythe City Council of the City of Baytown,
Texas.
INTRODUCED,READ and PASSED by the affirmative vote of
the City Council this 26th day of February,1976.
TOM GENTRY,Mayor
ATTEST:'^
2N P.HALL,City Clerl
APPROVED:
EXHIBIT "A"
RECEIVED FEB 20
Busch,Hutchison &Associates,Inc.
IIO7 FLEETWOOD DRIVE —BAYTOWN.TEXAS77S2O —PHONE (7«3)422B213
February 19,1976
Mr.Fritz Lanham,City Manager
City of Baytown
Post Office Box 424
Baytown,Texas 77520
RE:PROPOSED AGREEMENT BETWEEN EXXON PIPELINE COMPANY AND
CITY OF BAYTOWN CONCERNING 6"PIPELINE CROSSING
WESTTEXAS AVENUE
Mr.Lanham,on Wednesday afternoon,February 18,Jim Hutchison,
Dan Savage and I met with Exxon Pipeline Company representatives.
During the meeting ExxonPipelinerepresentatives proposed and
offered the following:
1.The City's contractor v/ould remove the"fill"
fromabove the subject pipeline for a width wide
enough to permit access to pipeline crews and
machinery;
2.Exxon Pipeline Company v/ould uncover the line,
inspect it and make whatever modifications to
the line that they judge to be necessary;
3.The City's contractor would replaceremoved fill;and
4.The City of Baytown v/ould pay Exxon Pipeline Company
the exactsum of $9,180.00.
A.J.Busch,Jr.,P.t.
AJB/dle
EXHIBIT A
SPECIFICATIONS
FOR
SOLID WASTE DISPOSAL
FORTHE
CITY OF BAYTOWS
1.0 MEANING OF TERMS:
Toe meaning of terms and vords used herein,unless clearly indicated
otherwise by content,shall "be as follows:
A."City Council"means the City Council of the City of Baytown.
B."City"means the City of Baytown.
C."Director of Public Works"means the Director of Public Warks
of the City of Baytown orhis duly authorized representative.
D."Contractor"means the one contracting with the City to dispose
of garbage and trash as herein described,his sub-contractors,
or the duly authorized representatives of such contractors.
E."Garbage"means kitchen and household waste,food containers,
paper,refuse,and other forms of solid waste including processed
sewage sludge and dead animals.
F."Trash"means leaves,grass,weeds,tree trimmings,boxes,crates,
feathers,rags,ashes,building material,old clothing and old
furniture and appliances.
2.0 GENERAL DESCRIPTION:
The work to be done consists of the operation and maintenance of a
sanitary landfill site or sites and the disposal of all garbage and
trash generated within the corporate limits of the City of Baytown in
such landfill sites.The landfill sites and facilities are to be
supplied,maintained,and operated by the Contractor as provided herein.
3.0 CONTRACTOR'S INVESTIGATION:
The Contractor shall make his own investigation regarding the proper
method of doing the work,all laws and regulations affecting the work
to be done,all manpower,equipment,sites,facilities and materials
needed therefore,and the quantity of the work to be performed.The
Contractor assumes the risk of all conditions foreseen or unforseen
and agrees to continue the work without additional compensation under
whatever circumstances which may develop other than as herein provided.
U.O GOVERNMENTAL APPROVALS:
Before the City will award the contract for disposal of City solid waste
the bidders shall furnish the Director of Public Works with one copy of
all agreements,permits,licenses,or letters of approval from all federal,
state and local government bodies having jurisdiction over and/or an interest
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in the operation ofthe Contractor's landfill,transportation routes ^^\^££T.llZf^l^ll^^applicame lavs^rules po?SiAppropriate federal,state and local governmental bodies
5.0 PERFORMANCE BOND:
Before the contract betveen the successful bidder and the City shall he
valid or binding against the City of Baytovn,the praetor shall pro
vide a performance bond to insure the performance of the c™te«*-_J£jtendshallhesignedbytheContractorandtvoormoregoodandsufficientsu^etiS or with a surety company as surety,and shall beinthe amount
of Fifty Thousand and no/100 Dollars ($50,000.00),and shall at all times
be kept in full force and effect.This bond shall require that the ContractorSailfullyandfaithfullyperformallprovisionsofthecontract
and these specifications.
6.0 ESTIMATED ANNUALVOLUME FOR BIDDING PURPOSES:
The estimated annual volumeof solid vaste collected by the City of Baytovn
is 125,000 cubic yards.Bidders shall suteit bids on the basis of this
volume The actual volume of solid vaste collected by the City may be
more or less than this estimated volume.The City does not guarantee
to deliver this volume to the Contractor for disposal.However,the
City does guarantee that all garbage or trash collected by the Cityduringthe^erm of the contractvill be disposed of at the contractor's
landfill site or sites,provided that the contractor is complying with
the provisions of the contract.
7.0 TERM OF CONTRACT:
On the proposal form prospective Contractors are requested to submit bids
on one-,tvo,and three-year contracts,each commencing on April 1,1976.
The City Council vill select the term of the contract when it awards the
bid.
8.0 METHOD OF DISPOSAL:
The Contractor shall use the sanitarylandfill disposal method as defined
in Article UU77-7 of Vernon's Annotated Texas Statutes IV.A.T.S.J.
9.0 FEDERAL,STATE,AND LOCAL LAWS:
All federal,state,and local lavs,ordinances and regulations now or
hereafter enacted shall become apart of the contract and be complied
vith in the performance of all portions of the work.The Contractor
shall be familiar vith all lavs,ordinances and regulations vhich in
any manner affect those engaged or enployed in the vork,or the materials,
facilities or equipment used in the proposed vork or vhich in any vay
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/0S
affect the conduct of th.vor*.and "o/lea of understanding ^1
report it to the Director of Puttie Works in writing.
10.0 CONFLICTS:
z
the health and safety of the public shall prevail.
11.0 MATERIAL TOBE ACCEPTED:
a++*-1,T,flftu site or sites,the Contractor shall accept for disposalallresidentialandcolerc1*garbage and trash generated in the Cityofivtownwhetherdeliveredbyautomobile,truck or trailer,(except»/2£a£:oil,or volatile materials)and all material whatevercollectedundertheCity's garbage and trash collection ordinance.
12.0LANDFILL EQUIPMENT:
At each landfill site,the Contractor shall employ sufficient equipmenttoSacecompactandcoverallmaterialbroughttothedisposalsiteeachday!SSttclent auxiliary equipment shall be available to perform
continued operation in case of equipment failure.
13.0 LANDFILL PERSONNEL:
The Contractor shall employ such persons at each landfill site as are
necessary to operate the equipment,direct vehicles,keep the area freeoflitSr,cover the garbage and trash andperform other necessary work,
as required oneach day of operation.
lU.O LANDFILL ACCESS ROADS:
The Contractor shall provide an access to the dumping site at a landfill
site thatis available for use by City sanitation vehicles during all types
of weather conditions.
15.0 HOURS OF OPERATION:
The landfill site orsites shall be open for the receiving of garbage andSasi?rom 7:30 a.m.to U:30 p.m.daily,except Sundays and holidays.The
siteor sites need not beopen for receiving on any day which is a legaltolldayasestablishedbytheCity,and on whichCity collection crevs do
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not vork.However,the Contractor
site or sites during such hours as
materials delivered to it under the
the Contractor shall ^^^/^^
the contract.Furthermore,
fflce provided vith telephone
normal business hours to take
,and instructions fro*therare^^
Director of Public Works.
16 0 INSPECTION RIGHTS OF CITY:
Ihe City shall !»entitled to ^intain an inspect
landfill site or sites at any time it nay oes by the
and to inspect materials being dumped.
17 0 DISAGREEMENTS:
final.
18.0 COMPANY NAME:
The Contractor shall not use a firmname containing the words "City",
oTany other wordsimplyingmunicipal ownership.
19 0 INSURANCE AND WORKMEN'S COMPENSATION:
also agreed as follows:
s5r2S?£^»«L tne execution of a contract,satisfactory evidenceof suchCranclprotectingboththeCityandtheContractorfromsuch
risks,vith a company acceptableto the City.
■iiiittiliitL
contract.
P Notice to City.The Contractor -shall furnish a duplicate receipt
vi?hout 15 day's prior's prior vritten notice of cancellation to the City
20 0 METHOD OF DETERMINING PAYMENT:
5 It each landfSl sit?each City vehicle shail be co ^
records of City trucks unloading at the landfill.^^^^
.lsasis.
21.0 EXTRA.WORK:
^
before such extra vork tegins
22.0 PAY1-IENT PROCEDURES:
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voice is rendered,less any sums retained to cover any verified claims
filed with the Finance Director,due to or arising out of the contract.
23.0 FINAL PAYMENT:
Thirty days after the expiration of the contract,all moneys due the
Contractor held "by the City shall be paid to the saidContractor.
2^.0 CONTRACTOR TO SUBMIT BOOKS:
At anyand all times during the life of the contract,the Contractor
shall make available his hooks and accounts to the Finance Director for
completeexamination.
25.0 PERMITS AND LICENSES:
The Contractor shall procure all necessary permits,pay forthe same
and obtain all officiallicenses for the performance of the contract.
26.0 CONTRACTOR RESPONSIBLE FOR WORK DONE:
The Contractor shall furnish for the accepted bid price all skill,labor,
equipment,sites,structures and materials required forthe complete
performance of the contract,and shall fully perform the vork in
accordance with these specifications.The presence of a representative
of the City during the progress of any vork shall not relieve the
Contractor from responsibility for defects discovered after the com-,
pletion thereof.
27.0 ASSIGNMENT OR SUBLETTING OF CONTRACT:
Any person or persons or any firm or corporation,entering into asub
contract or other agreement with the Contractor to furnish labor,equipment
or material for this vork,shall be deemedan employee of the Contractor.
The Contractor and his surety alone shall be held responsible for the full
and faithful performance of the contract.
28.0 DEFAULT OF CONTRACT:
If the Contractor fails to comply vith any ofthe terms of the contract
or neglects or refuses to comply vith the instructions of the Director
of Public Warks relative thereto and provided that such failure is for
reason other than force najeure,the City shall notify the Contractor
in writing,specifying the failure complained of.The Contractor shall
have forty-eight (k&)hours from the date such notice is delivered to
curesuch default and resume performance of the contract.If the
Contractor does not cure such default and resume performance vithin
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«,.citv shall have the right to terminatethe contractCSSiSedeliveredtotheContractor.
^J
29.0 CITY LIABILITY:
Contractoragrees to inden.nity^n^save^armles^the
of Contractor,his
agents oremployees.
CITY OF BkYTOVJIl,TEXAS
PROPOSAL FOR DISPOSAL OF MUNICIPAL SOLID VZASTE
One-Year
Contract
Two-Year
Contract
Estimated Quality-
Unit Price
Estimated
Total Cost
125,000 cu.yds.250,000 cu.yds.
/cu.yds./cu.yds.
Three-Year
Contract
375,000 cu.yds.
/zn.yds.
$
Location of Landfill Sites -
Address
Site 1
Site2
Site 3
One-Vay Distance From
Municipal Service Center
miles
miles
miles
ContractororFirm's Name Address
Signature of Authorized Agent Date
Telephone