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HomeMy WebLinkAbout02567RESOLUTION NO. 2567 A RESOLUTION AUTHORIZING EXERCISE OF OPTIONS TO RENEW CONTRACTS FOR SANITARY LANDFILL OPERATION AT THE NORTH AND SOUTH DUMPS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, it has been determined that options to renew the two contracts for the operation of Sanitary Landfill Opera- tions at the North and South Dumps should be exercised, and WHEREAS, the contractor, Zupan Enterprises of Pueblo, Colorado, has proposed consolidation and renewal of the said con- tracts for a five year period in the total amount of $126,800 per year, and this proposal was determined to be reliable and respon- sible; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The contract for the operation of Sanitary Landfill Oper- ations at the North and South Dumps be, and the same is hereby awarded to said contractor, subject to the filing of sufficient sureties to be approved by the Purchasing Agent of said City. SECTION 2. The Purchasing Agent be and he is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED 1970 BY ATTEST: Ck y C er AP CONTRACT AGREEMENT THIS AGREEMENT made and entered into this day of , 1970, by and between Pueblo, a Municipal Corporation, and under the laws of the State of Colorado, termed in the Contract Documents as the "City" and Zupan Enter- prises, Pueblo, Colorado, termed in the Contract Documents as "Contractor ". WITNESSETH: In consideration of the sum of $126,800 annually to be paid by the City to the contractor, the City exercises its option to renew the contract dated December 7, 1965, Sanitary Landfill Operation, and the contract dated January 2, 1968, Depression Landfill Operation - Southwest Pueblo dumpsite, for five years from January 1, 1970 to December 31, 1974, and the said contractor has agreed, and does hereby agree, to furnish all labor, tolls, equipment and material and to pay for all such items, and to operate complete in every detail, to -wit: SANITARY LANDFILL OPERATIONS AT THE NORTH AND SOUTH PUEBLO DUMPSITES in accordance with the Specifications, and all Contract Documents for this pro- ject, all to the satisfaction and under the general supervision of the Health Officer for the City of Pueblo, Colorado. AND FOR SAID CONSIDERATION IT IS FURTHER PARTICULARLY AGREED BETWEEN THE PARTIES TO THIS AGREEMENT THAT CONTRACT DOCUMENTS INCLUDE THE FOLLOWING: a. Contract (This Instrument) b. Performance Bond C. Specifications for Sanitary Landfill Operations d. General Conditions IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in four (4) original counterparts as of the day and year first above written. FUNDS ARE AVAILABLE: Director of F nance ATTEST: f City Clerk Contractor Title PUEBLO, A MUNICIPAL CORPORATION By lj� �h Atd�Zlrl Purchasing Agent APPROVED AS TO FORN>� City Attorney SPECIFICATIONS FOR SANITARY LANDFILL OPERATIONS DEFINITIONS IN THE CONSTRUCTION AND APPLICATION OF THIS DOCUMENT, THE FOLLOW- ING WORDS SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION: (a) "Refuse" Garbage, rubbish, debris and trash, or any combination thereof. (b) "Garbage" Any and all putrescible animal and vegetable waste, regardless of source. (c) "Manure" The excrement of all domestic animals, fowls and all stable bed- ding shall be considered putrescible refuse. (d) "Rubbish, Debris" All accumulation of waste, refuse and rejected animal, mineral or vegetable matter. (e) "Trash" Ashes, waste paper, cans, bottles, broken china, sawdust, leaves, grass cuttings, shrubbery and tree trim- mings, shavings and packing mater- ial. (f) "Sanitary Landfill" Sanitary landfill operations shall be performed by depositing refuse 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 refuse, in a systematic and sanitary manner. (g) "Inactive Surface" That portion of a dump or landfill upon or in which refuse has not been deposited within the previous 24 hours. (h) "Active Surface" That portion of a dump or landfill upon or in which refuse is being de- posited or has been deposited within the previous 24 hours. (i) "Cover Material" Material of an inert nature, such as earth, loam, clay, sand, gravel or similar substances or combination of such materials, which with proper depth and compaction, will not be dispersed by the wind, will confine odors, will prevent ready access to deposited refuse by rodents or in- sects, will prevent migration of fly larvae, and will prevent nuisance or fire hazard. (j) "Dangerous Refuse which presents an inherent or Materials'! imminent safety or health hazard to humans, including, but not limited to materials which are explosive, radio- active or toxic, shall be disposed of under the supervision of the Health Officer. (k) "City" Is the City of Pueblo, Colorado. (1) "Contractor" Is the person, persons, firm, or cor- poration to whom the within contract is awarded by the City and who is subject to the terms of said contract. Where the contract so requires, the word "Contractor" shall also include the agents, employees, workmen or assignees of said contractor. (m) "Health Officer" Is the Director of the Pueblo City - County Health Unit of Pueblo, Colorado, or his authorized agents. (n) "Work" Includes all work, including materials, labor, supervision, use of tools and materials necessary to complete the work in full compliance with the terms of the contract. (o) "Notice" Where in a section of the contract docu- ments there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given (as to the City) when written notice shall have been delivered to the City Manager or shall have been placed in the U.S. Mails addressed to the City Manager, City Hall, Pueblo, Colorado. As to the contractor, such notice shall have been deemed to have been given when a written notice shall have been delivered to the address of the contractor's permanent place of business. As to the Surety on the Bond herein, such notice shall be deemed to have been given when a written notice is placed in the U.S. Mails ad- dressed to the Surety at the home office of such Surety. 1.0 - SCOPE The work covered by this specification shall include the furnishing of all personnel, equipment, supplies and materials, and performing all operations necessary to operate SANITARY LANDFILLS on City owned lands, in accordance with the requirements set forth in this specification and as directed by the Health Officer and the City Manager. 2.0 - EXISTING DUMPS The existing North Dump is located approximately one - fourth mile east of Interstate Highway 25 North, and four and six - tenths miles from City Hall. The existing South Dump is located approximately seven and eight- tenths miles from City Hall. Access will be from Beulah Highway #76. 3.0 - EQUIPMENT The contractor's equipment shall be of the proper number, size, type and capacity to insure constant performance of the con- tract. The equipment shall meet the performance requirements made necessary by the quantities of refuse delivered, the landfill sites, and these specifications. The contractor agrees, in addition to the above provisions with respect to equipment, to purchase the following new items of equip- ment: Two (2) new compactors, one (1) portable chipping machine capable of chipping branches up to four inches (4 ") in diameter, one (1) paddle scraper earth mover, and one (1) light plant. The contractor shall file with the City a statement relating to the amount and condition of his equipment as often as may be re- quired by the City. 4.0 - LANDFILL OPERATIONS The contractor is to use the method of operating the sanitary landfills best suited to the existing dominant physical features of the landfill sites. Refuse 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. Proper drainage shall be provided to prevent erosion or stag- nant pools. Every effort shall be made to minimize access road grades within the landfill site. Refuse shall be deposited, spread and thoroughly compacted to firmness before being covered with cover material approved by the Health Officer. All active surfaces shall be completely covered with cover material to a minimum compacted depth of six inches (6 ") before the beginning of each day's dumping operation. Inactive surfaces shall be compacted and completely covered with cover material to a minimum firmly compacted depth of twelve inches (12 "), provided, however, that where considerable quantities of putrescible refuse, including garbage, are deposited, additional approved cover material may be required by the Health Officer to pro- vide a total firmly compacted depth of twenty -four inches (24 "). Where insect or rodent breeding or harborage, odors, fire hazards, or other nuisance conditions develop, the Health Officer may require that cover material be provided up to a total compacted depth of twenty -four inches (24 "). Where refuse delivered to a landfill conforms to the require- ments for cover material, spreading and compaction only shall be required. This provision shall not prohibit the storage of cover materials. The contractor shall not set or permit anyone else to set on fire any refuse at the site and shall take immediate steps after discovery thereof to extinguish any fire or smoke conditions which may occur. On discovery of subsurface fire, operations shall be immediately discontinued in the immediate area until the fire is extinguished. Hot materials which would tend to ignite refuse 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. 5.0 - SPECIAL DUMPING Tree branches, brush and bushes up to four inches (4 ") in di- ameter shall be reduced to chips through the chipper. Chips shall be stored on the site for a period of one (1) year and then may be blended in with the cover material. Piles of chips shall not exceed twenty feet (20') in width by twenty feet (20') in length by five feet (5 in height. Piles of chips shall be stored no closer than twenty feet (20') to adjacent piles of chips or other combustible material. Tree trunks or stumps may be incorporated into the landfill if scattered to prevent voids in the fill. Manure shall not be hauled to the North Dump. In the event that combined collection of garbage and trash is put into effect, the contractor shall handle the combined collection hauled to both landfill sites under the terms and conditions of this contract. 6.0 - DUMPING OF DANGEROUS MATERIALS Refuse which presents an 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. 7.0 - SALVAGE Salvage shall be prohibited. No salvage or reclamation of any food or food products shall be permitted by any person whether open or in a sealed container which may be delivered to the site for disposal. Such food or food products shall be promptly unloaded, spread and compacted to firm- ness, and covered to a depth of at least twenty -four inches (24 ") with other refuse material, or with other material. 8.0 - DRAINAGE AND WATER POLLUTION Storm water run -off, surface water courses and subsurface drainage 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 the washing of dumped materials onto or across adjacent lands by surface run -off waters. 9.0 - RODENT AND INSECT CONTROL Effective measures shall be taken at landfills to prevent breeding or harborage or infestation by rodents or insects. 10.0 - FENCI 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 fill. 11.0 - DISASTERS OR EMERGENCIES When, in the opinion of the Health Officer, a period of dis- aster or emergency exists involving public health, he may waive any of the provisions of these regulations for a period not to exceed thirty (30) days. 12.0 - SURFACE ELEVATIONS Surfaces shall be sloped or otherwise controlled so as to protect the cover material and refuse from erosion. The operation of the Sanitary Landfills, including the depositing and compacting of cover material, shall be carried on so as to prevent the collec- tion of standing water. 13.0 - ACCESS ROADS The contractor shall maintain the access roads pavement, shoulders and ditches, in good condition throughout the life of the contract. Refuse scattered along the access roads shall be picked up before the beginning of each day's operation. The road leading from the Beulah Highway ( #76) to the cattle guard at the south edge of the South Dump shall be paved twenty - four feet (24') in width with a two -inch (2 ") thick mat of Hot - Mixed- Hot -Laid Asphalt on two inches (2 ") of base and five inches (5 ") of sub -base. The large waterway which crosses the road south of the Wye to the hog farm shall be paved forty feet (40') in width, ditchline to ditchline, with a seven inch thick reinforced concrete slab. The road leading from the service road along Interstate #25 North to the North Dump site shall be paved twenty -four feet (24 in width with a two inch (2 thick mat of Hot- Mixed - Hot -Laid Asphalt on two inches (2 ") of base and five inches (5 ") of sub -base. Existing roads shall be wetted, shaped and bladed before pave- ment is constructed. Road construction shall be under the super- vision of the City Engineer and shall be completed not later than July 1, 1970. If such construction is not completed prior to July 1, 1970, the City shall have the option of performing the work and de- $ ti ng costs from any payments provided for under this contract. The gates across access roads at the highway ends shall be closed and locked except during the hours specified for dumping. 14.0 - OPERATING HOURS The landfill sites shall be open to the public for disposal of refuse from 7:00 A.M. to one -half (1/2) hour after sunset, seven (7) days a week. 15.0 - PERSONNEL Twelve (12) full -time employees shall be employed at the landfill sites for a minimum of forty (40) hours each per week. An employee shall be on duty during all hours that the landfill is open to the public to instruct persons bringing refuse to the landfill to deposit said refuse at the dumping area. GENERAL CONDITIONS 1. COMPLIANCE WITH ORDINANCES, REGULATIONS AND LAWS: (A) The contractor shall at all times comply with the State laws 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 producers fail to comply with these ordinances and laws, and such failure works hardship on the contractor, the contractor shall promptly notify the Health Officer of such omissions or derelection. 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 on the contractor. (C) Contractor shall not use a firm name containing "City" or "Pueblo" or other words implying municipal 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 operation of the landfill and efficiently conduct all matters pertaining to this business. 3. PERFORMANCE BOND: The contractor shall furnish a non - accumulative Performance Bond upon the form supplied by the City, in quadruplicate, with corporate surety approved by the City in the penal sum of one -half of the annual bid price, guaranteeing the faithful performance by the contractor of all the provisions of the contract documents. Such bond may be written for one year, and may be renewed or continued in force from year to year during the life of the contract by delivery to the City of a Continuation Certificate signed by an attorney -in -fact of the surety. Such continuation shall not be construed to accumulate the penalty provided for, but the total recovery under such bond or bonds shall not exceed the penal sum set forth therein. Failure to deliver a renewal bond or Continuation Certificate at least 60 days prior to the expiration of the existing bond shall be deemed a vio- lation of the contract for which the City may terminate the contract as provided herein at any time after the expiration of the bond. 4. INDEMNITY AND INSURANCE: (A) Indemnity. The contractor and his sureties shall indemnify and save harmless the City of Pueblo and all its 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 or fault of the contractor, his agents or employees, in execution of said contract; and shall forthwith pay any judgment, with cost, which may be obtained against the City, its officers, agent or employees, growing out of such injury or damage. (B) Contractor's Insurance. The contractor shall not commence work under this con- tract until he has obtained, at his own expense and without cost to the City all insurance required under this paragraph and such insurance has been approved by the City Attorney. The contractor shall maintain such insurance until completion of the contract. (B - 1) 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 contrac- tor with respect to all work performed by him under the con- tract, to be written on a comprehensive policy form. This insurance is to be written with a limit of liability of not less than $50,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person and not less than $100,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom sustained in any one accident; and not less than $10,000 for all damages arising out of injury to or des - tructipo n oo froperty in any one accident, and not less than $20,000 for all damages arising out of injury to, or destruc- tio of property during the policy period. (B - 2) Protective Liability and Property Damage Insurance. Protective liability and property damage insurance issued and covering the liability of the City of Pueblo, Colorado, and the City- County Health Unit, including any official, offi- c6dh:or agent of said City or Health Unit, with respect to all operations under the contract by the contractor. This insur- ance is to be written with a limit of liability of not less than $50,000 for all damages arising out of bodily injury, inclu ink g death, at any time resulting therefrom, sustained by any one person; and not less than $100,000 for all damages arising out of bodily injury, including lath, at any time resulting therefrom sustained in any one accident; and not less than $10,000 for all damages arising out of injury to, or des - tructio of property in any one accident, and not less than $20,000 for all damages arising out of injury to or destruc- tion of property during the policy period. (B - 3) 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 $50,000 for all dam- ages sustained in any one accident, and not a - mss than $100,000 for all damages sustained in all accidents during the contract period. 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. (b) Hared automobiles and trucks and all other equip- ment. (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 site of the disposal. (B - 4) Workmen's Compensation Insurance. Workmen's Compensation Insurance, including Occupational Disease Provisions, covering the obligations of the contrac- tor in accordance with the provisions of the Workmen's Com- pensation Act, as amended, of the State of Colorado. (B - 5) 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 of Pueblo, Colo- rado, of the same type and in the same amounts as required from the contractor. (B - 6) The Insurance Coverage. The insurance coverage enumerated in the above subpara- graphs constitutes the minimum requirements of said enumera- tion 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 protection in the prosecu- tion of the work. (B - 7) Certificates of Insurance. Certificates of Insurance for Workmen's Compensation, Public Liability and Property Damage and Automotive Liability shall be filed with the City prior to the execution of the contract. Said insurance shall not thereafter be cancelled, permitted to expire, or be changed without notice of ten (10) days in advance to the City and consented to by the City. 5. CONTRACTS: (A) Execution of Contracts and Bonds. 1. The Contractor shall enter into a written contract agree- ment with the City on the form attached hereto. Such contract agreement shall be subject to the Charter of Pueblo, and the Code of Ordinances, City of Pueblo. 2. The contract must be executed in four (4) original counter- parts and no more and there shall be executed original counter- parts of the Contractor's Performance Bond in equal number to the executed original counterparts of the contracts. Two copies of such executed documents will be retained by the City and two copies will be delivered to the contractor. The con- tractor must provide compensation insurance and public lia- bility and property damage insurance as outlined above. The costs of executing the bonds and contract and insurance, in- cluding all notarial fees and expense, are to be paid by the contractor. 4 1 (B) Verbal Agreements. No verbal agreements or conversations with any agent or employee of the City, either before or after execution of the contract, shall effect or modify any of the terms, or obli- gations contained in any of the documents comprising said contract. 6. CONTRACTOR NOT AN E MPLOYEE: 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 or an agency thereof. The contractor is in no respect an agent, servant or employee of the City. 7. SUBCONTRACTS AND SUBCONTRACTORS: (A) Subcontractors. 1. The contract, or any part thereof, shall not be sublet, except with the written consent of the City. 2. The contractor agrees to be fully responsible to the City for the acts or omissions of his subcontractors and of any one employed directly or indirectly by him or them and this con- tract obligation shall be in addition to the liability imposed upon the contractor. 3. Nothing contained in the contract document shall create any contractual relationship between any subcontractor and the City. 4. 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 subcontract approved in writing as adequate by the City. (B) Assignment of Contract. No assignment by the contractor of his contract or any part thereof or of the funds to be received hereunder by the contractor will be recognized unless such assignment has had the written approval of the City and the Surety has been given due notice of such assignment and has furnished written con- sent thereto. Such written approval by the City shall not re- lieve the contractor of the obligations incurred by him under the terms of this contract. In addition to the usual recitals in assignment contracts, the following language must be set forth: "It is agreed that the funds to under this assignment are subject to rendered or materials supplied for t called for in said contract in favor corporations rendering such services ials." (C) Other Contracts. be paid to the assignee a prior lien for services ze performance of the work of all persons, firms or or supplying such mater- The City may award other contracts for the hauling of gar- bage and /or trash and /or rubbish or the operation of Sanitary Landfills at other sites, and the contractor shall fully co- operate with other contractors. The contractor shall not com- mit or permit any act which will interfere with the performance of work by any other contractor. 8. INTENT OF CONTRACT DOCUMENTS: (A) The sections of the contract document and the contract plans are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the contract documents is to include in the contract price the cost of all labor and materials, water, fuel, tools, plant, (except where the dumpsite shall be provided by the City) equipment, light, transportation and all other expense as may be necessary for the proper execution of the work. (B) Any minor items not specifically and specifications but which are nece work ready for use in accordance with practice, as determined by the Health as part of the contractor's price and cost to the City. 9. AUTHORITY OF HEALTH OFFICER: called for in the plans asary to complete the the requirements of good Officer, shall be included furnished at no additional (A) The Health Officer shall supervise and direct all work included in this contract. He shall decide all questions which may arise as to the fulfillment of the contract on the part of the contractor and his decision thereon shall be final and conclusive. (B) If, in the opinion of the Health Officer, the work being done by the contractor is in violation in any way with the terms of the contract, he shall forthwith cause the contractor to cease said violation. (C) All such decisions of the Health Officer shall be final, except in cases where time, and /or financial considerations are involved which, if no agreement in regard thereto is reached, the matter shall be referred to the City Manager whose inter- pretation or construction thereof shall be final. 10. TERMINATION: If either party shall fail or refuse to carry out any of the provisions of this contract, the other party may cancel the same by five (5) days notice to the party in default unless the party in de- fault shall cure such default within five (5) days after receipt of such notice. CITY COUNCIL PiEMOltAMM #4 -70 TOs City Council MM: Fred E. WaLsbrod, City manager February 23, 1970 SUBJECT: Request of Attorney Richard Robb for Zupan Enterprises, the Contractor for the Dump Operations of the City The contractor on November 25, 1969, copy of the Lotter attached, called our attention to the possibility of a contract adjustment as a result of the pro- posed bars on burning ordinance and statute. The City made an analysis in December and January. The report from the Public Works Department is attached. At the and of January a meeting was called by the attorney for the contractor and as a result of this meeting the contractor offered the proposal, a copy is attached. We an recommending to Council that the City exercise the 5 -year option period on both dumps at this time by canceling the 1 -year present temon the North Dump and the 2 -year present term on the South Dip and amending the existing contracts into one contract for the option period of 5 -years from January 1, 1970 to December 31, 1975, requiring the lWoved method of solid waste disposal at both dumps as proposed by the Zupan Enterprises in their letter dated February 4, 1974. In an examination of the equities in the contract and the change of con- ditions as a result of the ban on burning, coupled with the increased requirements for anti- pollution of burning, as well as satisfactory disposal methods from a pollutions viewpoint, it is felt that the exercising of the option at this time and the requirement of the proposal, to and including the pavement of the roads, the increased number of manhours, and the disposition of tree branches in a manner that will probably eliminates air pollution by intermittent fires is the most reasonable approach from the City's standpoint. We have also concluded that it would be advisable to grant the garbage collection contract for a period of at least one year in order to examine what is the reaction of the community to the new trash hauling activities. It would appear from the first month of January and what we have seen in the month of February that many people will be combining their garbage and trash as a normal recourse in having their trash hauled to the dump. it would better serve the community not to eli- minate garbage pickup at this time and examine it at the end of 1970 to see what to do for 1971 and beyond. Fred g. GTQi sbrod City Imager M:Ijc Bnel.