Ordinance No. 4,41060327- -4
ORDINANCE NO. 4410
AN ORDINANCE ACCEPTING 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 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 pursuant 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 2:00 p.m.,
Thursday, March 20, 1986, 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 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 disposed, in accordance with the following
schedule:
1st year
- Solid Waste Disposal
-$3.25 per
cubic yard
- Processed Sewage Disposal
-$5.50 "
"
2nd year
- Solid Waste Disposal
-$3.50 "
It IF
- Processed Sewage Disposal
-$6.00 "
It If
3rd year
- Solid Waste Disposal
-$3.75 "
" IF
- Processed Sewage Disposal
-$6.50
IF "
4th year
- Solid Waste Disposal
-$4.00 IF
11 "
- Processed Sewage Disposal
- $7.00 IF
"
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.
Section 3:
This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Baytown.
60327 -4a
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 27th day of March, 1986.
ATTEST:
y
EILEEN P. HALIL, City Clerk
APPROVED:
WEEK, l 1 ...
.� '.
AGREEMENT FOR OPERATION OF
SANITARY LANDFILL
By and Between
THE CITY OF BAYTOWN, TEXAS
and
_ THIS AGREEMENT for the operation of a sanitary landfill
entered into at Baytown, Texas, this day of
by and between the CITY OF BAYTOWN, TEXAS, a Texas
Corporation, hereinafter called the "City ", and
having its principal place of business in the City of
Texas, and hereinafter called the "Contractor ";
WITNESSETH:
made and
Municipal
Baytown,
WHEREAS, the City desires to dispose of municipal solid waste
generated 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 santitary 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
, as per published notice to bidders; and
WHEREAS, the City Council of the City of Baytown, Texas, accepted
the bid of for the operation of a sanitary
landfill for the disposal of the City of Baytown's municipal
solid waste by Ordinance No. dated the day of
; NOW THEREFORE,
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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 MEANING OF TERMS:
The meaning of terms and words 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, Texas.
C. "Director of Public Works" means the Director of Public
Works of the City of Baytown or his duly authorized
representative.
D. "Contractor" means the party contracting with the City
to dispose of garbage and trash as herein described,
his subcontractors, 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 dead animals.
F. "Trash" means leaves, grass, weeds, tree trimmings,
limbs, stumps, boxes, crates, feathers, rags, ashes,
building material, old clothing and old furniture and
appliances.
G. "Finance Director" means the Director of Finance of the
City of Baytown or his duly authorized representative.
H. "Processed Sewage Sludge" means all solids and slurry
material which has been processed through a sanitary
sewer treatment plant.
2.0 ESTIMATED ANNUAL VOLUME:
The estimated annual volume of solid waste collected by
the City of Baytown is 125,000 cubic yards excluding
trees, limbs, stumps, and other such debris. Bidders
shall submit bids on per cubic yard collected based
upon this total annual volume. The actual volume of
solid waste 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. The City, however, does guarantee that
garbage or trash collected by the City during the term
of the contract will be disposed of at the Contractor's
landfill site or sites, provided that the contractor
is complying with the provisions of the contract. The
City reserves the right to burn or dispose of trees,
trimmings, limbs, leaves, and stumps collected within
its corporate limits at its designated site.
3.0 TERM OF AGREEMENT:
This Agreement shall be for a period of four (4) years
beginning April 1, 1986.
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4.0 COMPENSATION TO CONTRACTOR:
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:
Ist
year
of
contract
per cubic yard for
Solid Waste Disposal
1st
year
of
contract
per cubic yard for
Processed Sewage Sludge Dis.
2nd
year
of
contract
per cubic yard for
Solid Waste Disposal
2nd
year
of
contract
per cubic yard for
Processed Sewage Sludge Dis.
3rd
year
of
contract
per cubic yard for
Solid Waste Disposal
3rd
year
of
contract
per cubic yard for
Processed Sewage Sludge Dis.
4th
year
of
contract
per cubic yard for
Solid Waste Disposal
4th
year
of
contract
per cubic yard for
Processed Sewage Sludge Dis.
Payment shall be based on the number of cubic
yards of municipal solid waste delivered to Contractor
under the terms of this Agreement, it being further
specifically understood and agreed by and between
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 Contractor and the City. In the event
Contractor and City are unable to reach a mutually
acceptable agreement with regard to refuse truck
capacities, the parties may request the determination
of such agreement 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 arbitration panel to decide
the disagreement between the parties by the concurrence
of a majority of such panel. Costs for such
arbitration shall be borne equally by Contractor and
City.
A. Time of Payment. The Contractor shall invoice the City
monthly, invoices to be submitted as of the last day of
each month, accompanied by tickets which are collected
by Contractors as refuse trucks make deliveries, and
shall include the last full week of each month.
Invoices shall be paid by the City monthly. The City
agrees to pay all properly submitted invoices within 15
days of receipt of same, less any sums retained to
cover verified claims filed with the Finance Director,
due to or arising out of the contract.
5
B. Contractor
commercial
of Baytown
and that is
and shall
therefore,
relationshi
shall accept for disposal residential and
garbage and trash generated in the City
including that collected by private haulers
brought to the landfill by private citizens
make a reasonable charge for disposal
which charge shall bear a reasonable
D to the charges made to the City hereunder.
5.0 DISPOSAL SITE:
The Contractor hereby agrees to operate a sanitary
landfill at a site located on a tract of land described
in Municipal Solid Waste Permit No. , granted by
the Texas State Department of Health to
(or at any other mutually agreed upon site), 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.
A. Materials to be disposed of. 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, and all material whatever
collected under the City's garbage and trash collection
ordinances 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. Method of Disposal. The Contractor shall use the
sanitary landfill disposal method as defined in Article
4477 -7 of Vernon's Annotated Texas Statutes.
C. Operation of disposal site. The Contractor shall have
the responsibility for the operation of the disposal
site for the term of this Agreement or any extension
thereof, subject to the following terms and provisions:
1. The Contractor shall furnish all labor, tools,
equipment, and power for the operation of said landfill
site, and shall be responsible for all necessary
maintenance thereof. The landfill personnel shall be
adequate to operate the equipment, direct vehicles,
keep the area free of litter, cover the garbage and
trash, and perform other duties as required.
Contractor shall operate the site according to accepted
modern standards of a sanitary landfill operation 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 truck traffic during all types of
weather conditions.
N.
2. All garbage and other refuse accepted by the
Contractor shall be thoroughly compacted by equipment
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 materials to be
handled.
3. The area shall be neat and sanitary at all times.
4. 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 rendered in a clean, sanitary, neat,
courteous, and efficient manner and that it will
instruct its employees accordingly.
5. In the event that either party hereto shall be
rendered unable wholly or in part, by Force Majeur to
carry out its obligations under this Agreement then
such party shall give notice and full particulars of
such Force Majeure in writing to the other party within
a reasonable time after occurrence of the event or
cause relied upon, and the obligation of the party
giving such notice, so far as it is affected by such
Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as
hereinafter provided, but no longer period, and such
party shall endeavor to remove or overcome such
inability with all reasonable dispatch. The term Force
Majeure as employed herein, shall mean acts of God,
strikes, lockouts, act of public enemy, orders of any
kind of the government of the United States or the
State of Texas or any civil or military authority,
riots, landslides, lightning, earthquake, fires,
hurricanes, floods, restraint of government and people,
civil distrubances, explosions, or other causes not
reasonably within the the control of the party claiming
such inability. The City of Baytown reserves the right
to cancel this contract if the Force Majeure delays
delivery of the required services for more than
30 calendar days.
6. In the event that the City shall, without fault on
its part, be made a party to any litigation arising as
the result of failure of the Contractor to comply with
any provisions of this contract or by reason of the
Contractor'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.
7
D. Nuisance -free operation. The landfill shall be
operated by the Contractor in a nuisance -free manner,
and in a manner such as not to generate or produce any
objectionable or offensive odors, noise, smoke, or
fumes objectionable outside the landfill premises, and
in a manner meeting and complying with all valid,
nondiscriminatory and generally applicable ordinances,
regulations, and laws of the health department of the
City and other regulatory bodies having jurisdiction
of the Contractor's operations hereunder, which may be
from time to time in effect and applicable to
Contractor's operations. Conditions unfavorable for
the production of insects and rodents shall be
maintained by carrying out routine landfill operations
promptly in a systematic manner. Supplemental vector
control measures shall be instituted whenever
necessary.
6.0 HOURS OF OPERATION:
The landfill site or sites shall be open for the
receiving of garbage and trash from 7:30a.m. to
4:30p.m. weekdays and from 7:30a.m. to 12 :00p.m. on
Saturdays. The site or sites need not be open on
Sundays or any day which is a legal holiday as
established by the City, and on which City collection
crews do not work. However, the Contractor shall be
responsible for operating the site or sites during such
hours as may be necessary to process all waste
materials delivered to it under the provisions of the
contract. Furthermore, the Contractor shall be
required to maintain an office provided with telephones
and such attendants as may be necessary during normal
business hours to take care of complaints and orders
for special services.
7.0 INSPECTION RIGHTS OF THE CITY:
The City shall be entitled to maintain an inspector
on the premises of the landfill site or sites at any
time it may desire, to verify the processes in use by
the Contractor, to verify the vehicles dumping at the
Contractor's site, and to inspect materials being
dumped.
8.0 FEDERAL, STATE AND LOCAL LAWS:
All federal, state, and local laws, ordinances and
regulations now or hereafter enacted shall become a
part of the contract and be complied with in the
performance of all portions of the work. The
-Contractor shall be familiar with all laws, ordinances
and regulations which in any manner affect those
engaged or employed in the work, or in the materials,
facilities, or equipment used in the proposed work or
which in any way affect the conduct of the work, and no
plea of understanding will be considered on account of
ignorance thereof.
F
9.0 PERMITS AND LICENSES:
The Contractor shall procure all necessary permits, pay
for the same and obtain all official licenses for the
performance of the contract. All such licenses and
permits shall be obtained prior to the signing of this
Agreement.
10.0 CONFLICTS:
If any provision of this contract at any time during
its term is or becomes in conflict with any
provision of any zoning, building,- safety, or
health law, ordinance, or regulation, the provision
which establishes the higher standard for the promotion
and protection of the health and safety of the public
shall prevail.
11.0 INSURANCE AND WORKMEN'S COMPENSATION:
It is understood and agreed between the parties that,
in entering into the foregoing Agreement, the
Contractor 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 terms 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
$500,000.00 combined single limit. The Contractor shall
submit to the City, promptly after the execution of
this Agreement, satisfactory evidence of such
insurance, protecting both the City and the Contractor
From such risks, with a company acceptable to the City.
B. Workmen's Compensation Insurance. The Contractor
shall maintain Workmen's Compensation Insurance, in an
amount as will fully 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 occupational diseases happening to
any workman employed by the Contractor in the course of
carrying out the within contract, satisfactory evidence
of such insurance in an acceptable company to be
submitted to the City promptly after the execution of
this Agreement.
01
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. Contractor shall further 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.
12.0 NOTICES:
Whenever, under this contract, provision is made for
notice of any kind, it shall be deemed a sufficient
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
PO Box 424
Baytown, TX 77520
If to the Contractor_
Changes in the respective addresses to which such
notices shall be directed may be made from time to time
by either party. Notice of any such change in address
shall be directed to the other party in writing by
certified mail.
13.0 METHOD OF DETERMINING PAYMENT:
Payment for the complete disposal of solid waste shall
be based on the bid unit price and the number of cubic
yards disposed of at the landfill site or sites. For
purposes of determining the number of cubic yards
disposed of at each landfill site each City vehicle
shall be considered full and credit shall be given for
the capacity of the vehicle. The Director of Public
Works shall provide the Contractor with a schedule
showing the unit number and capacity of each vehicle.
The Director of Public Works shall also be responsible
for updating the schedule of vehicle capacity as new
vehicles are added to the City's fleet. Except for
payment for extra work as defined herein, no other
payment shall be due to the Contractor under this
contract. To insure accurate accounting for work
performed, the Contractor shall keep daily records of
City trucks unloading at the landfill. This shall
include date, unit number, capacity, and time arrived.
A copy of the daily records will be furnished to the
Director of Public Works on a monthly basis.
11111
14.0 EXTRA WORK:
If the Director of Public Works orders in writing the
performance of any work not covered by these
specifications, and for which no item is provided in
the contract, then such extra work shall be done and be
paid for at a price to be agreed upon between the City
and the Contractor before such extra work begins.
15.0 DISAGREEMENTS:
To prevent all disputes or litigation between the City
and the Contractor, it is understood that all questions
arising as to the proper performance and the amount of
work to be paid for under the contract shall be subject
to the decision of the Director of Public Works,
subject to the right of the Contractor to appeal to the
City Council, whose decision shall be final.
16.0 COMPANY NAME:
The Contractor shall not use a firm name containing the
word "City" or any other words implying municipal
ownership.
17.0 CONTRACTOR RESPONSIBLE FOR WORK DONE:
The Contractor shall furnish for the accepted bid price
all skill, labor, equipment, sites, structures, and
materials required for the complete performance of the
contract, and shall fully perform the work in
accordance with this contract. The presence of a
representative of the City during the progress of any
work shall not relieve the Contractor from
responsibility for defects discovered after the
completion thereof.
18.0 DEFAULT OF CONTRACT:
If the Contractor fails to comply with any of the terms
of the contract, neglects or refuses to comply with the
instructions of the Director of Public Works relative
thereto, or becomes insolvent or commits acts of
bankruptcy, and provided that such failure is for
reason other than Force Majeure, the City shall notify
the Contractor in writing, specifying the failure
complained of. The Contractor shall have forty -eight
(48) hours from the date such notice is delivered to
cure such default and resume performance of the
contract. If the Contractor does not cure such default
and resume performance within such period, the City
shall have the right to terminate the contract
immediately by written notice delivered to the
Contractor. Such right of cancellation is in addition
to and not in lieu of any other remedies which the City
may have in law or equity.
11
19.0 CITY LIABILITY:
Contractor agrees to indemity and save harmless the
City from all liability or claims, demands, damages and
costs for incurring out of operation of the landfill,
whether it be caused by the negligence of the
Contractor, his agents, or employees.
20.0 ASSIGNMENT OF CONTRACT:
It is agreed that, after execution of this contract,
for the disposal of solid waste and the operation and
maintenance of a sanitary landfill, the performance of
this contract may be assigned by the Contractor,- with
the approval of City Council, which assignee shall
have the responsibility for operation of said sanitary
landfill. However, it is specifically understood that
in case of any such assignment, the assignee
shall become fully liable for, and obligated to strict
performance of, all 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 described sanitary landfill, this
contract may be assigned by the City to a corporaton or
person (franchisee) which shall be franchised to
collect residential municipal waste within the City of
Baytown. The City shall, however, remain fully liable
and responsible for undertakings, agreements, 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 Clerk, the City hereby warranting same to be
duly authorized by the proper and valid act of the
City Council of the City, and the Contractor has cause
this Agreement to be executed 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.
12
EXECUTED in duplicate in the City of Baytown, Texas,
the date first above written.
ATTEST:
EILEEN P. HALL, CITY CLERK
APPROVED:
SECRETARY
13
CITY OF BAYTOWN
BY
EMMETT O. HUTTO, MAYOR
m
PRESIDENT