HomeMy WebLinkAbout05201ORDINANCE NO. 5201
AN ORDINANCE APPROVING AN AGREEMENT FOR SOLID
WASTE DISPOSAL AND SANITARY LANDFILL OPERATIONS
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORA-
TION, THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO
COUNTY, COLORADO AND ZUPAN ENTERPRISES, INC., AND
AUTHORIZING THE PRESIDENT 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 Section 29 -1 -201 et. seq., C.R.S.
(Colorado Intergovernmental Relationships Act) and Section
3 -8 of the Charter of the City of Pueblo to jointly contract
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 1, 1985 between the City of
Pueblo, a municipal corporation, Board of County Commissioners
of Pueblo County, and Zupan Enterprises, Inc. 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.
ATTEST:
c y Clerk
INTRODUCED: December 27 , 1989
By REIMAR VON KALBEN
Councilman
APPROVED:
z
Pr6!iiden of thy' C'itTCouncil
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AGRRRMRNT
THIS AGREEMENT, made and entered into this lst day of February,
1985, by and between Pueblo, a Municipal Corporation, hereafter called
"City ", Board of County Commissioners of Pueblo County, Colorado,
hereafter called "County ", and Zupan Enterprises, Inc., hereafter
called "Contractor ", all of Pueblo, Colorado,
WITNESSETH:
WHEREAS, City is the owner of property known as the Pueblo
Solid Waste Landfill located off Beulah Highway No. 76 approximately
7.8 miles from Pueblo City Hall (herein "Landfill "), 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 March 31, 1985, and
WHEREAS, City and County have determined that it would be in
their best interest to enter into an agreement under the authority
of Section 29 -1 -201 et. seq. C.R.S., as amended (Intergovernmental
Relationships Act) and Section 3 -8 of the Charter of the City of
Pueblo to jointly contract for, provide and furnish a solid waste
disposal operation and service for the residents 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 Landfill, 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 conduct
for the residents of the City and County of Pueblo a solid waste
disposal facility and sanitary landfill service and operation at
the Landfill for a period of two years from April 1, 1985 to March
30, 1987 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 (herein "Plant ") installed
at the Landfill. The Plant consists of 2 Model 42F mills and
conveyor; 2 trailers, Model HT65; 1 compactor, 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 at the Landfill in
good working condition during the term of this Agreement.
2. Commencement Date Services and payments required under
this Agreement shall commence on April 1, 1985.
3. 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 capable
of being processed by the Plant shall be disposed of by Contractor
at the Landfill by method of sanitary landfill in conformity with
the Certificate of Designation issued for the Landfill and this
Agreement.
4. Operating Hours The Landfill shall be open to the public
for disposal of solid waste six days each week, Monday through
Saturday, from 8:00 o'clock A.M. to 6:30 P.M., for the period
May 1st through September 30th and from 8:00 A.M. to 5:00 o'clock
P.M., for the period October 1st through April 30th, except that
the Landfill but not the Plant shall be open from 8:00 A.M. to
12:00 noon on Thanksgiving, Christmas and New Year's day. The
Landfill and Plant may be closed to the public on Sundays for
repair of operator's equipment and movement of fill material
and solid waste. The County road from Highway 76 shall not be
closed except with written approval of the County. The Contractor
shall limit and control access to the Landfill during hours the
Landfill is not opened to the public. The Contractor shall
maintain in good repair all roads located on Landfill and in
particular the Hog Farm Road.
5. 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 in conformity with
approved drainage and grading plans. Solid waste not to be
processed at the Plant shall be deposited at locations desig-
nated by the Contractor. Appropriate signs shall be posted to
indicate clearly where vehicles are to unload solid waste.
Solid waste shall be deposited, spread and thoroughly
compacted to firmness before being timely covered with cover
material approved by the City Manager. Contractor shall be
responsible for furnishing and providing all cover material.
Contractor shall cover all active sanitary landfill dump sites
with six inches of approved cover material each working day.
Contractor shall cover all filled and inactive dump sites with
twenty -four inches of approved cover material on a systematic
basis so that within thirty days after termination of this Agree-
ment all sanitary landfill dump sites at the Landfill shall have
been so covered in conformity with the closure plans therefor,
provided that if Contractor is diligently pursuing final closure
activities the thirty day period set forth herein shall be extended
by not more than thirty additional days.
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 extinquish any fire or smoke
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conditions which may occur. on discovery of any subsurface
fire at the Landfill, operations shall be immediately discontinued
in the immediate area and Contractor shall extinguish the fire.
Hot materials including ashes may be rejected by the
Contractor if not enclosed in metal containers for disposal at
a specified site on the Landfill. Hot materials shall be handled
by the Contractor in such a manner as to prevent combustion or
ignition of solid waste.
Conditions creating or tending to create air pollution
or air pollution nuisance, whether odor, smoke or otherwise,
shall not be permitted to develop.
The Contractor will accept for disposal at the Landfill
only garbage and refuse from residential, commercial and industrial
sources within the County of Pueblo. No radioactive or toxic wastes,
liquids or sludges will be accepted. No hazardous wastes will be
accepted unless approved by the City Manager and the State Health
Department on a case -by -case basis.
Tires capable of being processed through the Plant shall
be processed and shredded by the Contractor. Tires and shredded
parts thereof shall be disposed of in such a manner that tires
deposited in the Landfill will not float to the surface. At the
written request of City and County, the Contractor shall segregate
tires from other solid waste and shall store tires at a location
and in a manner approved by the City Manager, provided that tires
so stored by the Contractor will be removed by City and County on
a continuous periodic basis not to exceed ninety days from date
of deposit at the Landfill, and, further provided, that Contractor
shall not be responsible for tire fires resulting from causes
beyond Contractor's control.
Storm water run -off, surface water courses and subsurface
drainage through the Landfill shall be controlled so as to avoid
contamination of any water supplies, prevent mosquito breeding,
prevent air pollution or other nuisance conditions, and prevent
pollution of subsurface bodies of water. Landfill operations
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
Landfill to prevent breeding or harborage or infestation by rodents
or insects.
Portable fencing of adequate height, shall be installed
to confine 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 Landfill in
a neat and orderly condition.
All solid waste capable of being processed or run through
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the trash pulverizing Plant shall be so processed before deposit
and disposal into the sanitary landfill. Not less than seventy -
five (75) percent of all solid waste delivered for disposal at
the Landfill shall be processed through the Plant. Contractor
will perform and comply with the terms and provisions set forth
under Contractor's Responsibilities in Exhibit A, Certificate of
Designation Requirements, attached hereto and incorporated herein.
When, in the opinion of the City Manager, a disaster
or emergency exists involving public health, he may waive any of
the provisions of this paragraph for a period not to exceed thirty
(30) days.
6. Salvage Rights Contractor shall be entitled to all metal
salvage rights from the solid waste disposal and landfill operations,
and City and County shall be entitled to all other salvage rights
and Contractor shall cooperate with them in the exercise of said
rights.
7. 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 Landfill (361 acres) and the building located
thereon (herein "Building ") for a period of two years from com-
mencement date. Said Building and adjoining 361 acres shall
be used only for solid waste disposal and landfill operations.
Contractor shall pay annually as rent the sum of $47,483.00
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.
City and County shall be responsible for the maintenance
and structural repair of the Building during the term of this
Agreement except any repair necessitated or caused by the negli-
gence of Contractor, its agents or employees.
(b) By City and County City and County shall pay to
Contractor annually for a period of two years from commencement
date the sum of $642,998 for Contractor's performance of this
Agreement 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.
GENERAL CONDITIONS
1. Compliance With Ordinances, Regulations and Laws:
(a) City will obtain a Certificate of Designation (herein
"COD ") for the solid waste disposal site pursuant to the provisions
of Section 30 -20 -101 et. seq., C.R.S. Contractor shall perform this
Agreement and conduct and operate the solid waste disposal facility
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and sanitary landfill operations in compliance with all applicable
federal, state and local laws and regulations and obtain all permits
required therefor except the COD. In addition, Contractor will meet,
perform and comply with the terms, provisions and conditions of the
COD including drainage, grading and closure plans therefor, except
that City will perform and comply with the provisions and conditions
set forth under City's Responsibilties in Exhibit "A ", Certificate
of Designation Requirements, attached hereto and incorporated herein.
Contractor will cooperate with City in the performance thereof by
City.
(b) It is contemplated that the producers of refuse will
comply with City ordinances and State laws. In the event the
producers fail to comply with such ordinances and laws, and
such failure works hardship on the Contractor, the Contractor
shall promptly notify the City Manager of such omissions or
derelection. If the City Manager 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 binding 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 suits, actions
or claims.
(ii) Contractor shall further indemnify and save
harmless the City and County from any penalty or damages assessed
or attempted to be assessed against the City and /or County including
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 failure or alleged failure to
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conduct the solid waste disposal and landfill operations provided
for herein in conformity with the COD or 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 paragraph and such insurance has been approved by the City's
Director of Finance. The Contractor shall maintain such insurance
until completion of all work required under this Agreement.
(i) Contractor's General Public Liability and
Property 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, shall be written with a limit of liability or not
less than $1,000,000 for all damages arising out of bodily injury,
including death, at any time resulting thereform, sustained by
any one or more persons in any one accident; and not less than
$100,000 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 with a limit of liability of not less than $500,000
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
included in the contract:
(a) Contractor's own automobiles and trucks
and all other equipment.
other equipment.
(b) Hired automobiles and trucks and all
(c) Automobiles and trucks and other equip-
ment 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 Landfill.
(iii) Workmen's Compensation Insurance Workmen's
Compensation 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 pro-
tection to the Contractor and to the City and County of Pueblo,
M
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 and said enumeraction 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 protection in the
prosecution of the work.
(vi) Certificates of Insurance Certificates of
Insurance 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 advance 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 agent thereof. The Contractor is
in no respect an agent, servant or employee of the City or County.
6. 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.
(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 subcon-
tractor (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 subcontract
approved in writing as adequate by the City and County.
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(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. Any assignment or subletting
by the Contractor without the written approval of City and County
shall constitute a default hereunder.
(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 such other contractors. The Contractor shall not
commit or permit any act which will interfere with the performance
of work by any other contractor.
(d) Recycling The City and County may initiate alter-
nate methods of or amendment to provisions of this Agreement relating
to sorting, salvaging, including salvage rights specified in para-
graph 6 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 City Manager
(a) The City Manager or his designee shall have authority
to inspect and review all services and work included in this Agree-
ment.
(b) If, in the opinion of the City Manager, the work
being done by the Contractor is in violation of any of the terms
or provisions of this Agreement, he shall forthwith notify the
Contractor to cease said violation and forward copies of such
notice to County. Failure of Contractor to immediately cease such
violation shall constitute a default hereunder.
8. 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
terminate 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 auto-
matically terminate 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.
Contractor's delay in the performance of any provision
of the Agreement based upon unavoidable fire or other casualty to
the Building or based upon causes not reasonably anticipated and
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beyond the control of Contractor shall not constitute a default
hereunder, provided such cause or casualty is not occasioned by
the Contractor's fault or negligence, and further provided,
Contractor diligently pursues performance of such provision
by all legal means available to Contractor.
Failure to terminate this Agreement for any such default,
omission 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 -
defaulting 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 two
year term of this Agreement.
9. TIPPING FEES The City and County, acting individually
or jointly, reserve the right to impose fees upon users of the
Landfill during the term of this Agreement and to negotiate with
the Contractor on a method of collection thereof. If mutual
agreement concerning the collection of such fees is not reached,
the City and County reserve the right to establish procedures and
to collect such fees at the Landfill and Contractor agrees to
cooperate with the City and County relating thereto.
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 thereof including maintaining and repairing the Building
and performance of the obligations of the City set forth in Exhibit
"A" attached hereto 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.
3. County agrees to maintain the road from Highway 76 to the
Landfill.
MISCELLANEOUS
1. Contractor, City and County warrant that they have full
and legal right, power and authority to execute this Agreement.
2. Upon termination of this Agreement and performance of
its obligations hereunder, Contractor will be entitled to remove
the Plant from the building located on the Landfill provided
Contractor repairs all damages caused by such removal.
3. Neither this Agreement nor the execution hereof by any
party hereto shall terminate the Agreement between the parties
dated February 25, 1974 nor constitute a release or waiver of
any party's rights, duties, obligations or liabilities thereunder.
4. City does hereby lease to Contractor the following
described land and Building thereon (herein "Landfill ") for the
purpose of conducting thereon a solid waste disposal and sanitary
landfill operation for the use of the residents of the City and
the County of Pueblo, to -wit:
The S 1/2 of the NW 1/4, the N 1/2 of the S 1/2, and the
S 1/2 of the SW 1/4, all in Section 18, Township 21 South,
Range 65 West of the 6th P.M.; and a portion of the E 1/2
of the E 1/2 of Section 13, Township 21 South, Range 65
West of the 6th P.M. being the East 600 feet of the South
2,975 feet of said Section 13; Pueblo County, Colorado,
containing approximately 361 acres, excepting existing
roads and rights of way and subject to easements,
restrictions, reservations and rights of way of record.
City and County retain the right to enter upon the above
described property for any purposes including inspection and per-
formance of any of their obligations hereunder.
5. 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 volume,
and covering it with compacted earth or other approved material,
not classified as solid waste, in a systematic and sanitary manner
in conformity with the COD and this Agreement.
(b) Solid waste: refuse, garbage, rubbish, debris, trash,
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) City Manager: Chief Executive Officer of the City
Administration for Pueblo, Colorado or his authorized representative
or agent.
6. This Agreement is binding on and shall inure to the
benefit of the heirs, personal representatives, successors and
assigns of the parties.
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Executed the day and year first above written.
ATTEST: PUEBLO, A MUNICIPAL CORPORATION
By ;� a
Ci lerk ide
e nt of thegCi ty Council
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
OF PUEBLO COUNTY, COLORADO
City Att rn By
[SEAL]
ATTEST:
M
Secretary President ✓
GUARANTY
In consideration of the City of Pueblo and the County of
Pueblo entering into the foregoing Agreement, Joe P. Zupan does
hereby personally guarantee the performance of the Agreement by
Zupan Enterprises, Inc. as Contractor thereunder. In the event
of default by Zupan Enterprises, Inc. under the Agreement and
written notice thereof to Joe P. Zupan, Joe P. Zupan will perform
all the terms and provisions of the Agreement to be performed by
the Contractor thereunder.
Signed the ->. day of 1984.
Joe P. Zu an
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ZUPAN ENTERPRISES, INC.
EXHIBIT "A"
CERTIFICATE OF _DESIGNATION REQUIREMEN
Citv's Responsibilities
1. The City will obtain a 41 acre parcel of land west of present
site, to be part of Phase 1.
2. The City will complete the design and construction of a surface
water and shallow ground water monitoring system.
3. The City will complete the design and construction of the surface
water diversion system on the 41 acre parcel.
4. If required for the Landfill, the City will complete the design of
a liner /leachate collection system for Phases 2 and 3 of the Landfill.
5. The City will complete the design and construction of methane
monitoring system.
6. The City will raise or relocate existing power lines adjacent to
the 41 acre site as required by the power line owner.
7. The City will absorb the cost of laboratory tests for ground water
and methane monitoring (see contractor's responsibilities #6).
8. The City will maintain on file as -built drawings of all construction
on items 2, 3, 4, and 5 above.
9. The City will submit monitor well probe designs and proposed water
sampling techniques to the State Health Department within one month
of designation for review. Within two months of State written
approval the City will construct, develop and sample the monitoring
system.
10. The City will insure that post closure maintenance is performed for
a minimum of five years after final closure of all phases.
11. The City will retain a consultant to provide quality control, construc-
tion observation, to verify in writing to the County and State that
the specifications for soil type, runon diversion berms, final cover
contours, final cover compaction, landfill and leachate pond liner
compaction, and monitor well construction have been achieved.
12. Phase 2 and 3 referred to in paragraph 4 hereof will only be
opened for use as solid waste disposal sites if the Landfill
is not capable of otherwise handling solid waste for the two
year term of the Agreement.
EXHIBIT "A"
CERTIFICATE OF DESIGNATION REQUIREMENTS
Page 2
Contractor's Resoonsibilities
1. The Contractor will stockpile ten to forty cubic yards of soil
adjacent to working areas for fire fighting purposes.
2. Upon notice to the City the Contractor will close the Landfill when
winds exceed twenty -five miles per hour.
3. The Contractor will police the access road from the Landfill to
Beulah Highway 76 daily and off -road areas weekly.
4. If the Contractor chooses to use either Phase 2 or 3 of the Landfill,
the design and construction of a liner /leachate collection system
will be performed by the Contractor. If the City chooses to use
either Phase 2 or 3, the City will provide the design and the Contrac-
tor will provide the construction.
5. The Contractor will provide for a bi- weekly inspection of the Landfill's
downstream toe for evidence of surface seepage. If seepage is observed,
the State Health Department will be notified and the seepage will be
collected by the Contractor behind a berm for sampling and analysis.
6. The Contractor will perform, pursuant to an approved schedule, monitoring
for ground water and methane for the following parameters:
PH
Specific Conductance
Calcium
Magnesium
Potassium
Sodium
Ammonia Nitrogen
Nitrite /Nitrate Nitrogen
Chloride
Sulfate
Total Alkalinity
Total Organic Carbon
Total Organic Halogens
Phenols
7. The Contractor will perform a pilot study of revegetation in the
Northwest 40 acres of the Landfill.
8. The Contractor will perform post closure maintenance during the term
of this Agreement, specifically maintenance of subsidence areas and
stabilization of those areas. Naintenance of the desilting basins
in the drainange ways will be instituted and carried out by the
Contractor.
9. The Contractor will maintain records of monitoring results and other
operational records on site for review by the City, County and State.
The Contractor will gather information on traffic counts, volume
processed daily for the City.
10. The Contractor will grade intermediate cover surfaces to promote
runoff.
11. The Contractor will minimize water quality impacts during Phase I
operation by applying daily cover and by constructing runon diversion
berms designed to control precipitation.
EXHIBIT "A"
CERTIFICATE OF DESIGNATION REQUIREMENTS
Page 3
12. The Contractor will submit a draft of the proposed revegetation
pilot program to the City, County and State by March 1, 1985.
The Contractor will begin revegetation by April 1, 1985.
13. The Contractor will dispose of any scrap metal not already baled and
recycled by May 1, 1987.
COUNTY OF PUEBLO
BY AUTHORITY OF THE BOARD OF COUN'T'Y COMMISSIONERS
CERTIFICATE OF DESIGNATION SOLID WASTE DISPOSAL SITE
In accordance with the provisions of the Colorado Solid Waste Disposal Site and Facilities Act, Article 20, Title 30
of the Colorado Revised Statutes, the Board of County Commissioners of Pueblo County, Colorado, hereby designates the
following site for disposal of solid wastes:
PUEBLO SOUTHSIDE LANDFILL
Location of Site: The S2 of the NW4j and the NZ of the S2, and the S2 of the SW4, all in Section 18, Township 21 South,
Range 65 West of the 6th P.M., AND, a portion of the E2 of the E of Section 13, Township 21 South, Range 66 West
of the 6th P.M., and being the East 600 feet of the South 2,975 feet of the said Section 13. (Containing approximately
361 acres).
Type of Site or Facility: Municipal Solid Waste Collection, Recycling and Disposal.
Name and Address of Certificate of Designation Holder: City of Pueblo, One City Hall Place, Pueblo, Colorado 81003.
This nonassignable certificate is issued pursuant and subject to the provisions of the Colorado Solid Waste Disposal
Site and Facilities Act and Resolution No. 85 -7 -1, and the conditions contained therein, adopted by the Board of County
Commissioners on January 3, 1985.
This certificate of designation may be temporarily suspended or revoked, after reasonable notice and public hearing
for failure of this side and facility to comply with all applicable laws, resolutions, and regulations or to comply
with the provisions of Article 20, Title 30 of the Colorado Revised Statutes or any State or County rule, regulation,
or resolution adopted pursuant thereto.
Any change in operating procedure or deviation from the application as submitted to the Board of County Conmmissioners
and approved by the Board requires Board of County Commissioners approval prior to implementing such change or
deviation.
IN WITNESS WHEREOF, the Board of County Commissioners has hereunto subscribed its name by its officers duly authorized
this 8th day of January 1985.
ATTEST:
0
( SEAL )
6,-
THE BOARD OF COUN'T'Y CO"IISSIONERS