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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 - 2 - 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 - 3 - 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 - 4 - 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. - 5 - (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 - 6 - 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. - 7 - (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 - 8 - 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 - 9 - 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. - 10 - (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. - 12 - 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 - 13 - 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 - 14 - 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 - 15 -