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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 -2- 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 -2- 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 -3- 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 -4- 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 -5- 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. -7- (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 W12 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. -10- 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 -11- 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