HomeMy WebLinkAbout03834AS AMENDED- 3/11/74
ORDINANCE NO. 3834
AN ORDINANCE APPROVING AN AGREEMENT
FOR SOLID WASTE DISPOSAL AND SANI-
TARY LANDFILL OPERATIONS BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORA-
TION, THE BOARD OF COUNTY COMMISSION-
ERS OF PUEBLO COUNTY, COLORADO AND
JOE P. ZUPAN DOING BUSINESS AS ZUPAN
ENTERPRISES AND AUTHORIZING THE PRES-
IDENT OF THE CITY COUNCIL TO EXECUTE
SAME
WHEREAS, it would be in the best interest of the City of
Pueblo to enter into an agreement with the County of Pueblo
under the authority of Article 2, Chapter 88, C.R.S. 1963 as
amended (Colorado Intergovernmental Relations Act) and Sec-
tion 3 -8 of the Charter of the City of Pueblo to jointly con-
tract for and to provide and furnish a solid waste disposal
and sanitary landfill service and operations for the residents
of both the City and County of Pueblo, Colorado.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1
The Agreement dated February 25, 1974 between the City of
Pueblo, a municipal corporation, Board of County Commissioners
of Pueblo County, and Joe P. Zupan d /b /a Zupan Enterprises for
solid waste disposal and sanitary landfill operations, a copy
of which is attached hereto, having been approved as to form by
the City Attorney is hereby approved.
SECTION 2
The President of the City Council is authorized and directed
to execute said agreement for and on behalf of the City of Pueblo
and the City Clerk is directed to attest same and affix the seal
of the City thereto.
INTRODUCED February 25 ,1974
By BERT A. HEREFORD
Councilman
ATTEST: APPROVED:
i� Clek Presi ent of the Council' -'�-
Ar_R1i7mvwm
THIS AGREEMENT, made and entered into this 25th day of
February, 1974, by and between Pueblo, a Municipal Corporation,
hereafter called "City ", Board of County Commissioners of
Pueblo County, Colorado, hereafter called "County ", and Joe P.
Zupan d /b /a Zupan Enterprises, hereafter called "Contractor ",
all of Pueblo, Colorado,
WITNESSETH:
WHEREAS, City is the owner of property known as the South
dump located off Beulah Highway No. 76 approximately 7.8 miles
from Pueblo City Hall, and
WHEREAS, City presently has an Agreement with Contractor
to conduct a solid waste disposal and landfill operation and
to furnish all labor, tools, equipment and material required
therefor to and including December 31, 1974, and
WHEREAS, City and County have determined that it would be
in their best interest to enter into an agreement under the
authority of Article 2, Chapter 88, C.R.S. 1963, as amended
(Intergovernmental Relations Act) and Section 3 -8 of the Charter
of the City of Pueblo to jointly contract for, provide and fur-
nish a solid waste disposal operation and service for the resi-
dents of both the City of Pueblo and County of Pueblo, Colorado,
and
WHEREAS, Contractor has presented a proposal to conduct a
solid waste disposal and landfill operations utilizing a trash
pulverizing plant to be located at the aforesaid South dump,
which proposal has been thoroughly examined by City and County.
NOW THEREFORE, for mutual considerations, the parties agree
as follows:
SPECIFIC CONDITIONS
1. Solid Waste Disposal Operation Contractor shall con-
duct for the residents of the City and County of Pueblo a solid
waste disposal and sanitary landfill service and operation at the
South dump for a period of ten years from commencement date as here-
in defined upon and in compliance with the terms and conditions of
this agreement. Contractor shall furnish, install and provide all
labor, supplies, services and equipment required and necessary for
said solid waste disposal and landfill operations including but not
limited to a trash pulverizing plant to be installed at the south
dump according to the specifications of The Heil Co., Milwaukee,
Wisconsin, attached hereto as Exhibit A. Said plant shall consist
of 2 Model 42F mills and conveyor; 2 trailers, Model HT65; 1 com-
pactor, Model HTP10; and 1 magnetic separater. The plant and other
equipment to be furnished by Contractor shall remain the property
of Contractor and shall be operated and maintained by him in good
working condition during the term of this agreement.
2. Building Construction and Site Preparation City and
County shall construct a building at said site for the installation
of said plant according to the plans and specifications of The Heil
Co. A general schematic outline of the building plans is attached
hereto as Exhibit B with final plans and specifications to be
furnished on or before 90 days from date of this agreement, the
cost of furnishing said plans and specifications to be borne by
Contractor. City and County shall be responsible for all other
matters in connection with the construction of said building includ-
ing site preparation, grading and for proper ingress and egress from
Beulah Highway No. 76 to the plant site.
3. Commencement Date Upon completion of the building, in-
stallation of the trash pulverizing plant and certification by the
City's engineer that the building is complete and the plant properly
installed, services and payments required under this contract shall
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commence and the date shall be certified by the City's engineer as
the commencement date.
4. Solid Waste Processing From and after the commencement
date contractor shall dispose of all solid waste of the residents
of the City and County of Pueblo, State of Colorado utilizing said
plant and employing a method of sanitary landfill as follows: The
end product of the plant and all solid waste which is not processed
by the plant shall be disposed of by Contractor at said South dump
by method of sanitary landfill.
5. Operating Hours The South dump shall be open to the pub-
lic for disposal of solid waste every day of the week, from 8:00
o'clock A.M. to 8:00 o'clock P.M., May 1 through September 30 and
from 8:00 o'clock A.M. to 6:00 o'clock P.M., October 1 through
April 30. All gates across the access road shall be closed and
locked except during the hours specified for dumping.
6. Landfill Operations The contractor is to use the method
of operating the sanitary landfill best suited to the existing
dominant physical features of the landfill sites.
Solid waste not to be processed at the plant shall be deposited
at locations on the ground surface designated by the operator.
Appropriate signs shall be posted to indicate clearly where vehicles
are to unload such solid waste.
Solid waste shall be deposited, spread and thoroughly compacted
to firmness before being timely covered with cover material approved
by the Health Officer.
The contractor shall not set or permit anyone else to set on
fire any solid waste at the site and shall take immediate steps
after discovery thereof to extinguish any fire or smoke conditions
which may occur. On discovery of any subsurface fire at the South
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Dump operations shall be immediately discontinued in the immediate
area and Contractor shall assist and cooperate with City Fire De-
partment in extinguishing the fire.
Hot materials which would tend to ignite solid waste which
has been deposited or which is being transported shall be handled
in such a manner as to prevent combustion or ignition.
Conditions creating or tending to create air pollution or air
pollution nuisance, whether odor, smoke or otherwise, shall not be
permitted to develop.
Solid waste which presents inherent or imminent safety or
health hazard to humans, including but not limited to materials
which are explosive, radioactive or toxic, shall be disposed of
under the supervision of the Health Officer.
Storm water run -off, surface water courses and subsurface drain-
age through landfill shall be controlled in a manner approved by the
Health Officer so as to avoid contamination of any potable water
supplies, prevent mosquito breeding, prevent air pollution or other
nuisance conditions, and prevent pollution of surface bodies of water.
Landfill operation shall be so conducted as to prevent stagnant water
pools, erosion and the washing of dumped or cover materials onto or
across adjacent lands by surface run -off waters.
Effective measures shall be taken at the plant site and land-
fills to prevent breeding or harborage or infestation by rodents or
insects.
Portable fencing of adequate height, shall be installed to con-
fine paper and other windborne materials to the active dumping area.
The portable fence and the surrounding area shall be policed daily
and all scattered material collected and placed in the plant or
landfill. Contractor shall keep the South dump in a neat and orderly
condition.
When, in the opinion of Health Officer, a period of disaster or
emergency exists involving public health, he may waive any of the
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provisions of this paragraph for a period not to exceed thirty
(30) days.
7. Salvage Rights Contractor shall be entitled to all metal
salvage rights from the solid waste disposal and landfill opera-
tions, and City and County shall be entitled to all other salvage
rights. Contractor shall cooperate with them in the exercise of
said rights.
8. Compensation Compensation shall be due and payable under
this contract from and after the commencement date as previously
defined as follows:
(a) By Contractor Contractor shall pay all utility charges
arising out of the solid waste disposal operations and shall lease
the premises known as the South dump and the building to be con-
structed thereon from City and County for a period of ten years
from commencement date. Said building and South dump shall be used
only for solid waste disposal and landfill operations. Contractor
shall pay annually as rent 8% of the construction cost of the afore-
said building, said rent payable in monthly installments. Monthly
rent payable hereunder may be deducted by City and County from each
monthly payment required to be paid under subparagraph (b) hereof.
It is understood and agreed that the construction cost of said build-
ing shall not include the cost of plans and specifications but shall
include site preparation, grading, acquisition of rights of way,
road preparation and paving. After the construction of said build-
ing and the certification of the construction cost, City and County
shall be responsible for the maintenance and structural repair of
said building during the term of this contract except any repair
necessitated or caused by the negligence of Contractor, his agents
or employees.
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(b) By City and County City and County shall pay to Con-
tractor annually for a period of ten years from commencement date
the sum of $325,000.00 for Contractor's performance of this Agree-
ment and his operation of the solid waste disposal and sanitary
landfill operations described herein. Said sum shall be paid in
monthly installments in advance with the first sum due as of the
commencement date and monthly thereafter. On each two year anni-
versary of the commencement date said sum shall be adjusted for the
increase or decrease, if any, in the cost of living for the follow-
ing two year period, using as the basis of such computation the
"Revised Consumers Price Index - Cities" (hereafter called Index)
published by the Bureau of Labor Statistics of the United States
Department of Labor. The computation shall be made by using the
Index figure in force as of the commencement date proportionately
to $325,000.00, and adjusting the compensation upward or downward
proportionately to the Index figure in force as of each two year
anniversary period. The base figure on each adjustment date shall
be $325,000.00. In no event shall the annual compensation to be
paid by City or County be less than $325,000.00. If publication
of the Index is discontinued, the parties hereto shall accept com-
parable statistics on the cost of living for the City of Pueblo as
computed and published by an agency of the United States or by a
responsible financial periodical of recognized authority then to
be selected by the parties.
GENERAL CONDITIONS
1. Compliance With Ordinances, Regulations and Laws
(a) The Contractor shall at all times comply with Federal
and State laws and regulations and local ordinances and regulations
insofar as they apply to his operation under this contract.
(b) It is contemplated that the producers of refuse will
comply with City ordinances and State laws. In the event the
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producers fail to comply with such ordinances and laws, and such
failure works hardship on the contractor, the contractor shall
promptly notify the Health Officer of such omissions or derelec-
tion. If the Health Officer finds that a hardship has been created
by the producers, he shall take immediate steps to correct such
hardship, and his action in the matter shall be conclusive and bind-
ing on the contractor.
(c) Contractor shall not use a firm name containing "City ",
"County" or "Pueblo" or other words implying municipal or county
ownership.
2. Maintenance of Office The Contractor will provide the
necessary office or working headquarters with sufficient personnel
and facilities to receive all telephone calls connected with the
solid waste disposal and landfill operations and shall efficiently
conduct all matters pertaining to such operations.
3. Indemnity and Insurance
(a) Indemnity
(i) Contractor shall indemnify and save harmless the
City and County of Pueblo and all their officers, agents, and
employees from all suits, actions or claims of any character,
name and description brought for or on account of any injuries
or damages received or sustained by any person or persons or
property, on account of any negligent act, omission or fault
of the contractor, his agents or employees, in performance of
or arising out of this agreement; and Contractor shall forth-
with pay any judgment, with costs, which may be obtained
against City or County, their agents, officers, or employees
including all reasonable attorney fees incurred by City or
County, their agents, officers or employees, arising out of
said injury or damage.
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(ii) Contractor shall further indemnify and save harm-
less the City and County from any penalty or damages assessed
or attempted to be assessed against the City and /or County in-
cluding costs and reasonable attorney fees incurred by City
and County in defending against any such penalty or damage
assessment resulting from or arising out of contractor's fail-
ure or alleged failure to conduct the solid waste disposal and
landfill operations provided for herein in conformity with
applicable federal or state laws, rules or regulations.
(b) Insurance: The Contractor shall not commence work under
this contract until he has obtained, at his own expense and without
cost to the City or County all insurance required under this para-
graph and such insurance has been approved by the City Attorney.
The Contractor shall maintain such insurance until completion of
the contract.
(i) Contractor's General Public Liability and Propert
Damage Insurance Contractor's general public liability and
property damage insurance issued to and covering the liability
of the Contractor with respect to all work performed by him
under the contract, to be written on a comprehensive policy
form. This insurance is to be written with a limit of liabil-
ity of not less than $300,000.00 for all damages arising out
of bodily injury, including death, at any time resulting there-
from, sustained by any one or more persons in any one accident;
and not less than $50,000.00 for all damages arising out of
injury to or destruction of property in any one accident.
(ii) Automotive Liability and Property Damage Insurance
Whenever the work covered by the contract shall involve the use
of automotive equipment, the contractor shall maintain, during
the life of the contract, automotive public liability and
property damage insurance. This insurance shall be written
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with a limit of liability of not less than $200,000.00 for
all damages sustained in any one accident. This insurance
shall protect the Contractor from any and all claims arising
from the use of the following in the execution of the work in-
cluded in the contract:
(a) Contractor's own automobiles and trucks and
all other equipment.
(b) Hired automobiles and trucks and all other
equipment.
(c) Automobiles and trucks and other equipment
not owned by the contractor.
Such insurance shall cover the use of automobiles and
trucks and all other equipment both on and off of the South
dump.
(iii) Workmen's Compensation Insurance Workmen's Com-
pensation Insurance, including Occupational Disease Provisions,
covering the obligations of the contractor in accordance with
the provisions of the Workmen's Compensation Act, as amended,
of the State of Colorado.
(iv) Any subcontractor Performing Work for the Contractor
Any subcontractors performing work for the Contractor under the
contract shall provide certificates of insurance protection to
the Contractor and to the City and County of Pueblo, Colorado,
of the same type and in the same amounts as required from the
Contractor.
(v) The Insurance Coverage The insurance coverage
enumerated in the above subparagraphs constitutes the minimum
requirements of said enumeration and shall in no way lessen or
limit the liability of the Contractor under the terms of the
contract. The Contractor shall procure, and maintain, at his
own cost and expense, any additional kinds and amounts of
insurance that, in his own judgment, may be necessary for his
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protection in the prosecution of the work.
(vi) Certificates of Insurance Certificates of Insur-
ance for Workmen's Compensation, Public Liability and Property
Damage and Automotive Liability shall be filed with the City
and County prior to the commencement date of this contract.
Said insurance shall not thereafter be cancelled, permitted
to expire, or be changed without ten (10) days notice in ad-
vance to the City and County and consented to by the City and
County.
4. Verbal Agreements No verbal agreements or conversations
with any officer, agent or employee of the City or County, either
before or after execution of the contract, shall affect or modify
any of the terms or obligations contained in this agreement.
5. Contractor Not An Employee It is expressly agreed and
understood that the Contractor is, in all respects, an independent
Contractor as to the work to be performed, notwithstanding that in
certain respects the Contractor is bound to follow the directions
of the City and County or an agency thereof. The Contractor is
in no respect an agent, servant or employee of the City or County.
G. Subcontracts and Subcontractors:
(a) Subcontractors:
(i) This agreement, or any part thereof, shall not be
sublet, except with the prior written consent of the City
and County.
(ii) The Contractor agrees to be fully responsible to
the City and County for the acts or omissions of his subcon-
tractors and of any one employed directly or indirectly by
him or them and this contract obligation shall be in addition
to the liability imposed upon the Contractor.
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(iii) Nothing contained in this agreement shall create
any contractual relationship between any subcontractor and the
City or County.
(iv) The Contractor agrees to bind every subcontractor
(and every subcontractor of a subcontractor) by the terms of
the contract and specifications as far as applicable to his
work, unless specifically noted to the contrary in a subcon-
tract approved in writing as adequate by the City and County.
(b) Assignment of Contract No assignment or subletting by
the Contractor of this agreement or any part thereof or the lease
herein granted by the Contractor will be recognized unless such
assignment or subletting has had the written approval of the City
and the County. Such written approval by the City and County shall
not relieve the Contractor of the obligations incurred by him under
the terms of this contract.
(c) Other Contracts The City and County may award other
contracts for solid waste disposal operations or the operation of
Sanitary Landfills at other sites, and the Contractor shall fully
cooperate with other contractors. The Contractor shall not commit
or permit any act which will interfere with the performance of work
by any other contractor.
(d) The City and County may initiate alternate methods of
or amendment to provisions of this Agreement relating to sorting,
salvaging, including salvage rights specified in paragraph 7 hereof,
or recycling of solid waste from time to time under agreeable terms
negotiated with the Contractor during the term of this Contract.
7. Authority of Health Officer
(a) The Health Officer shall generally supervise all services
and work included in this agreement.
(b) If, in the opinion of the Health Officer, the work being
done by the Contractor is in violation of any of the terms of the
contract, he shall forthwith notify the Contractor to cease said
violation and forward copies of such notice to City and County.
(c) Failure of Contractor to immediately cease such violation
shall constitute a default hereunder.
9. Termination If either party shall be in default here-
under or shall fail or refuse to perform any provision of this
agreement on its part to be performed, the other party may termi-
nate this agreement by giving to the defaulting party 30 days prior
written notice of termination specifying the default, failure or
omission, in which event this agreement shall automatically termi-
nate unless the defaulting party shall remedy the specified default
or correct the specified failure or omission within 30 days after
receipt of such notice or unless the defaulting party shall within
said 30 day period actively commence action to remedy said default,
failure or omission and thereafter diligently pursue such corrective
action provided that such default, failure or omission shall in any
event be corrected and remedied within 120 days after notice thereof.
Failure to terminate this agreement for any such default, omis-
sion or failure shall not be a waiver of nor preclude the right to
terminate for a subsequent similar or different default, failure
or omission.
In the event of termination as herein provided the non default-
ing party shall be entitled to recover from the defaulting party
all damages resulting from the defaulting party's breach of this
agreement and if terminated by City and County they shall have the
right to recover from Contractor any increased cost or expense over
the compensation to be paid to Contractor hereunder incurred by
them in providing or furnishing similar solid waste disposal and
landfill operations during the balance of the ten year term of this
agreement.
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CITY AND COUNTY JOINT OBLIGATION
1. City and County agree to jointly perform the obligations
imposed upon them by this agreement and agree to share the cost
and expense of constructing, maintaining and repairing the build-
ing to be constructed hereunder including site preparation, grad-
ing, utility extensions, right -of -way acquisitions and road install-
ations as follows: City of Pueblo, two - thirds of the costs thereof;
and County of Pueblo, one -third of the costs thereof.
2. City and County jointly agree to pay Contractor's compen-
sation required by this agreement and insurance premiums on the
building as follows: City of Pueblo, two - thirds thereof; and
County of Pueblo, one -third thereof.
MISCELLANEOUS
1. City and County warrant that they have full and legal right,
power and authority to execute this agreement.
2. At the commencement date of this contract as above defined,
the terms and conditions of this contract shall supplement and re-
place the terms and conditions of the present Agreement between
City and Contractor which is due to expire December 31, 1974. The
parties understand and agree that it is their intention that the
construction of the building and installation of the plant shall
proceed forthwith so that the commencement date as above defined
shall be on or before January 1, 1975. In the event that the com-
mencement date is after January 1, 1975 the present Contract Agree-
ment between City and Contractor and County's participation therein
shall continue to said commencement date.
3. At the termination of this contract, Contractor will be
entitled to remove the installed trash pulverizer plant from the
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building provided he repairs all damages caused by such removal.
It is understood and agreed that in the event of default by Con-
tractor in the performance of his obligations under this contract
and termination of the contract by City and County, that Contractor
would be entitled to so remove said plant from the building and
that in event Contractor defaults in any obligation to the Heil
Co. is entitled to recover possession of its equipment, that the
Heil Co. is entitled to remove its equipment from the building pro-
viding it repairs all damages caused by such removal and further_
providing that the Heil Co. has given notice to City and County
of Contractor's default 60 days prior to said removal. Any such
removal shall not release Contractor from any of his rights or
obligations hereunder. City and County will so certify this right
to the Heil Co. in a document that may be recorded by the Heil Co.
4. In the construction of this agreement the words, "contract"
and "agreement" shall have the same meaning and the following words
shall have the following meaning:
(a) Sanitary landfill: the depositing of solid waste in
natural or man -made depressions or trenches, or dumping it at ground
level, compacting it to the smallest practical volumn, and covering
it with compacted earth or other approved material, not classified
as solid waste, in a systematic and sanitary manner.
(b) Solid waste: refuse; garbage; rubbish; debris; trash;
animal, mineral or vegetable waste; including but not limited to
ashes, paper, cans, bottles, tree trimmings, tree limbs and stumps,
discarded appliances and furniture; or any combination thereof.
(c) Health officer: Director of the Pueblo City- County Health
Department of Pueblo, Colorado, or his authorized representatives
or agents.
5. This Agreement is binding on and shall inure to the benefit
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of the heirs, executors, administrators, successors and assigns of
the parties.
Executed the day and year first above written.
PUEBLO, a Municipal Corporation
ATTEST: By�'
President of the Council
ry lerk
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF PUEBLO COUNTY, COLORADO
City Attorne
B
Commissioner
0
Joe P. Zupan W
d /b /a Zupan Enter rises
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