Ordinance No. 3,17310611 -4
ORDINANCE NO. 3173
AN ORDINANCE ACCEPTING THE BID OF GENE B. HAZELWOOD
FOR THE OPERATION OF A SANITARY LANDFILL FOR THE DIS-
POSAL OF THE CITY OF BAYTOWN'S MUNICIPAL SOLID WASTE
ON A UNIT PRICE BASIS WITH COMPENSATION TO BE PAID UPON
THE ACTUAL QUANTITIES DISPOSED OF; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown did
authorize the administration to advertise for bids for the
operation of a sanitary landfill for the disposal of the City
of Baytown's municipal solid waste; and
WHEREAS, notice to bidders as to the time and place,
when and where the contract would be let was published pur-
suant to the 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 9:30 a.m., Monday, dune 8, 1981, as per published
notice to bidders; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section l: That the City Council of the City of Baytown
hereby accepts the bid of Gene B. Hazelwood for the operation
of a sanitary landfill for the disposal of the City of Baytown's
municipal solid waste in accordance with the invitation to bid
and specifications of the City of Baytown with the compensation
to be paid to be based upon the actual quantities of waste dis-
posed, in accordance with the following schedule:
lst year
2nd year
3rd year
4th year
$2.25 per cubic yard
2.5o rr rr tt
2.75 "
3.00 "
Section 2: The Mayor and City Clerk are hereby authorized
to execute and attest to a contract with Gene B. Hazelwood for
the disposal of municipal solid waste, a copy of which is attached
hereto and made a part of for all intents and purposes.
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Section 3: This ordinance shall take effect immediately
from and after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council on this the 11th day of
M�1:30
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRO , City At orney
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June
HUTTO, Mayor
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EXHIBIT "A"
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AGREEtj `"T FOR C t,RATI0-N OF
SA,�ITARa LA DI'ILL
Ly an Bt'.t'.tieen
THE CITY OF BAYT_QV,`� , 'I I--XAS
and
GENE B. HAZELWOOD
THIS AGREEMENT for the operation of a sanitary landfill
made and entered into at Baytown, Texas, this -- day of
, 1981, by and between the CITY 01'
BAYTOitiN, TEXAS, a Texas Municipal Corporation, hereinafter
called the "City ", and GENE B. HAZELWOOD, having; its principal
place of business in the City of Baytown, Texas, and hereinafter
called the "Contractor ";
W I T N E S S E T I_I :
WHEREAS, the City desires to dispose of municipal solid
waste ;venerated in the City; and
WHEREAS, the City Council of the City of Baytown,
Texas, did authorize the administration to advertise for
bids for the operation of a sanitary landfill for the disposal
of the City of Baytown's municipal solid waste; 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 9:30 a.m. , Monday, June 8, 1981, as per published
notice to bidders; and
WHEREAS, the City Council of the City of Baytown,
Texas, accepted the bid of Gene B. Hazelwood for the operation
of a sanitary landfill for the disposal of the City of
Baytown's municipal. solid waste by Ordinance No. 3173
dated the 11th day of June, 1981; NOW THEREFORE,
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in consideration of the Minual coven"n-ts and aV . loon-kV`,
-
herein recited, by Qaeh to be partormud. it j hernby agined
by and between the parties hcreto as NIIOWS:
1. DISPOSAL SITE, The Contractor her PhY ngr"
operate a sanitary J andf i U n L 0 9i to 10""t ' CJ11 a f
land out of the Chrisiian S&Ih Suyvey, A-69, being OvL 01'
that certain tract conveyed to Char" cs Lee Wgett,
al by deed recorded in Volume 5716 at Page 259 of who Deed
of Records of Harris County, Texas, described by metes and
bo.Lr-ds in Municipal Solid Was Permit NO. 80, ; ran tnd by
the Texas State Department of Health to Gene B. Kzzmwood
(or at any other mutually agreed upon site'), hereinafter
called the "Landfill", for the complete handling, processing
and disposal, by the sanitary landfill method, of municipal
solid waste generated in the City of Baytown and collected
by the City or its franchisee, according to all of the terms
and provisions hereinafter contained, and according to all
of the terms and provisions contained in the Specifications
For Solid Waste Disposal For the City of Baytown, which not
inconsistent herewith, heretofore set forth by the City,
which specifications are attached hereto, marked Exhibit
"A," and made a part hereof for all intents and purposes.
A. Materials to be disposed off. The Contractor shall
accept for disposal all municipal solid waste, as that
term is defined in Article 4477-7 V.A.T.S., the Municipal.
Solid Waste Act, brought to the landfill site by the
City or its franchisee. The Contractor may designate
the location on the site at which material is to be
unloaded.
B. operation of disposal site. The Contractor shall
have the exclusive right to the use of and responsibility
for the operation of the disposal site for the to of
this Agreement or any extension thereof, subject to the
following terms and provisions:
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a. The CoUractox ShM furnish all lib
tools, equipment, nd power for the operation of'
said landfall RiLu, and shall be respanAble fOr
all necessary waincenance thereof. Contractor
shall operate the site according to accented
modern stair lards W a sanitary lusafill aperazina
and under the supervision of an experienced person
so that it shall not become a nuisance or an
offense to the City. Contractor shall maintain
suitable roads within landfill site for trook
traffic.
b. All garbage and other refuse accepted by the
Contractor shall be thoroughly compacted hY equip-
ment of sufficient weight and capacity to carry
out all necessary operations. Sufficient auxiliary
equipment shall be maintained on the site or kept
otherwise available to permit Operation in case of
equipment breakdown, or increased volume of
material to be handled.
C. The area shall be neat and sanitary at all
times.
d. The Contractor agrees to comply with all
laws, ordinances, and regulations of the City of
Baytown and the State of Texas and with the terms
and conditions of his permit applicable to the
operation under this Agreement and to conform with
the standards of operation as established by the
U. S. Public Health Service, and agrees that all
services rendered by it hereunder shall be ren-
dered in a clean, sanitary, neat, courteous, and
efficient manner and that it will instruct its
employees accordingly. In the event that the
Contractor shall wholly fail to dispose of garbage
and other materials herein provided to be disposed
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()I, for D. pf,riod in
pry k,0 211' .1 rl U I'
o idocll
rect ion, Act f 01- � -TIY
cause or ccct,,ses beywtd the COT', T. L'i!,:", Lr)l'' S C()'! r,
the City 1!l,:ty ,
0).1s
correct any def ec L F, (,xj,9 i 9-t Lhe s3i te and
resume waste disposal operations at the site
itself. In the event of the termination of this
Agreement no compens-atiolt shall. be tr) the
Contractor for disposal of solid 1-;y the City
aftei the City beg ins disposal OPCr2-1 ionS,
e. In the event that the City shzill, withoul.
fault on its part, b-, made a party to anv litiga-
tion arising as the result of failure of the
Contractor to comply with any provisions of this
contract or by reason of the Cont-1-actor's operation
or use of the subject premises (other than as
provided for herein) brought by or against the
Contractor, then the Contractor shall PaY all
reasonable costs and attorney's fees necessarily
incurred by the City in defense of such litigation.
C. Nuisance-free opLK_ation. The landfill shall be
operated by the Contractor in a nuisance-free manner,
and in a manner such as not to generate ci., proauce any
objectionable or offensive odors, noise, smoke or fumes
objectionable outside the landfill premises, and in a,
manner meeting and complying with all valid., nondis-
criminatory and generally applicable ordinances, regu-
lations, and laws of the health department-, of the City
and other regulatory bodies having jurisdiction of the
Contractor's operations hereunder, which max, be from
time to time in effect and applicable to ColltrftciOr's
operations. Conditions ,Infavorable for the p:rOdUetiM1
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of insects and rodents shall. be maintained by carrying
out routine landfill operations promptly in a systematic.
manner. Supplemental Vector control measures shill be
instituted whenever necessary.
2. TERM OF AGREEMENT- This Agreement shall be for a per-
iod of four (4) years beginning April 1, 1982.
3. COMPENSATION TO CONTTRACTOR. As full compensation to
the Contractor for operation of the above referred to landfill
by the Contractor, the City agrees to pay to the Contractor in
accordance with the following schedule:
1st year of contract
2nd year " 'r
3rd year " "
4th year " It
$2.25 per cubic yard
2.50 IV rf
2.75 IV it
3.00 " It Tt
Payment shall be based on the number of cubic yards of municipal
solid waste delivered to Contractor under the terms of this Agree-
ment, it being further specifically understood and agreed by and
between the parties, with respect to the aforesaid compensation
that the compensation to be paid will be based upon predetermined
refuse truck capacities which are agreed upon between the Contrac-
tor and the City. In the event Contractor and City are unable to
reach a mutually acceptable agreement with regard to refuse truck
capacities, the party may request the determination of such agree-
ment by a mutually acceptable arbitrator. Should the parties be
unable to agree upon a mutually acceptable arbitrator, each party
shall nominate one'arbitrator and the arbitrators so nominated by
the parties shall select a third arbitrator who will act with them
as a three- member arbitrator panel to decide the disagreement be-
tween the parties by the concurrence of a majority of such panel.
Costs for such arbitration shall be borne equally by Contractor and
City.
A. Open hours and holidays. The Contractor shall keep
the site open for the receiving of municipal solid waste
from 7:30 a.m. to 4:30 p.m. Monday through Friday and
8:00 a.m. to 12:00 noon Saturdays except holidays.
B. Time of payment; . The Contractor shall. :in\,oice, the
City monthly, invoices to be submitt.e -,,d as of the
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IRqt dvy of eAch month, acv"vpanV3 hY : ir%wn An'l)
are cotiectea by Contrucror as MfUsP LrOOKS mat-
deliveriPs. and shall Knuludy Lhe ME lull w�&R W'
each month. Invoices sholl bP Wd by th" "Y mon"Y'
not later Man the 100 daY Of the ""h tha
month Cor which tho invoice in rvnQarvK.
C. Contractor shall accept Cor dispsal all residential
and commercial garbage and trash generated in the City
of Baytown including that collected by private haulers
and that brought to the iandlill by private nitizcns
and shall make a reascnable charge fO7 MPOsPl there-
fore, which charge shall bear a roasonible rela0ionship
to the charges made to the City hereunder.
4, INSURANCE AND WORKMEN'S_ COMPENSATIM'. 1v is
understood and agreed between the parties that, in entering
into the foregoing Agreement, the contract is acting as an
independent Contractor and is in no way the agent or employee
of the City. In this respect, it is also agreed as follows:
A. Liability insurance. The Contractor shall be
responsible for any personal injury to any person and
for any damage to property suffered by the public or by
any private person that may be sustained through, or on
account of, any negligence, failure or fault of the
Contractor, or its agents or servants, in complying
with and carrying out the teams of this contract, and
for any negligence which may occur as a fault of the
Contractor, and the Contractor Shall carry Public
Liability Insurance in an amount not less than 5300,000.00
for injuries, including accidental death, to any one
person and, subject to the same limit for each person,
in an amount not less than $500,000-00 on account of
any one accident, and property damage insurance in an
amount not less than $10,000-00 for each claim, and
$25,000-00 for each accident. The ContracLor Vall
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submit to the MY, , i.)rO .'"
protecting both the City; and the CuKrAgLnr ffum s ":,
risks in a comf,an s, Rcccept: ble to t=_ , CiiY.
Fi. lVoI�k[Ton ' s C,c)r,;iis'I1qa1_ SToI? _Lus.ur_v. 3cR. The Contrat' ";'
shall 1 ? ?aint.al" Yi`l3,k,,, ` n t,,",+lpf:11sut l oil d.nN .' 1'U.nue ; in t'.fi
amour,, as will. 1,11, comply with the laws of the State
of Texas, and which shall protect both the Contractor
and the City from any loss, claim or damage arising
from any injuries or ocaup t iC nal diseases hnppvning to
any workman employed by the Contractor in the course of
carrying out the within contract, satisfactory evi_dencr.
of such insurance in an acceptable company to be sub-
mitted to the City promptly after the execution of this
Agreement.
C. Notice to City. The Contractor shall furnish a
duplicate receipt of payment of all premiums on the
above policies of insurance, and the terms of the
insurance policies issued to provide the above insurance
coverage, shall provide that said insurance cannot be
cancelled by the carrier, for non - payment of premiums
or otherwise, without 15 days' prior written notice of
cancellation to the City.
5. NOTICES. Whenever, under this contract, provision
is made for notice of any kind, it shall be deemed a sulfici.ent
notice and service thereof if the said notice is in writing
and is deposited in the mail in a properly stamped envelope
to be delivered by certified mail, addressed as follows:
If to the City-- -
City Manager
p. O. Box 424
Baytown, Texas 77520
if to the Contractor ---
Gene B. Hazelwood
P. 0. Box 838
Baytown, Texas 77520
--r --
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Ch �ilcrt iik t L Ucl
sh a 1. 1. be d i j,c'c t ed may bo F"Wil
, i n ,t c, (i -;,, .,h<<.1.1 b d i r cl c.
party, NoLice of any' su(zh
to the other Part'l in
6. ASS IGNMl,:`,'1' 0�,
execution . 11 of tjjj contract fo.t the viitl if:
this contract may be assigned by the Contract0l• to ,- Texas
corporation to be organized by Gene B. Hazelwood with or
without other persons, whieb Texas corporation shall. have
the responsibility for operation of said stnj i ary I 1-ndf ill
However, it is specifically understood that in casc of any
such assignment, the assignee Corporation s1riall 'Fully
liable for, and obligated to strict performance of, al1
covenants, undertakings, agreements, and obligations herein
set forth to be performed by the Contractor herein, and,
further, that the Contractor herein, as assignor, shall also
remain fully liable and responsible in all respects for the
strict performance by assignee of all of said covenants,
undertakings, agreements, and obligations herein provided to
be performed by the Contractor.
it is further agreed that, after execution of this
contract for the within sanitary landfill, this contract may
be assigned by the City to a corporation or person (franchisee)
which shall be franchised to collect residel-itial, municipal
waste within the City of Baytown. The City shall, however,
remain fully liable and responsible for undertakings, agree-
ments, and obligations herein provided to be performed by
the City.
IN WITNESS WHEREOF, the City has caused this contract
to be executed in its name by its Mayor, and its official
seal to be hereunto affixed and attested by its City Secretary,
the City hereby warranting s?.me to be duly authorized by the
proper and valid act of the City Council Of the, City, and
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the Contractor has cause this Agreement to be executes] by its
President, and its corporate seal to be hereunto affixed and
attested by its Secretary, the Contractor hereby warranting
same to be duly authorized by the proper and valid act of the
Board of Directors of the Contractor,
EXECUTED in duplicate in the City Of Baytown, Texas,
the date first abode written.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
Secretary
CITY OF BAYTOWN
BY
E6U1 T 0. HUTTO, Mayor
GENE B. HAZELWOOD
BY
ESIDENT
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