HomeMy WebLinkAbout6378RESOLUTION NO. 6378
A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE
AGREEMENT ENTERED INTO ON FEBRUARY 1, 1985
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, BOARD
OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, AND
ZUPAN ENTERPRISES, INC., RELATING TO SOLID
WASTE DISPOSAL
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
QPrTTnM 1_
The Amendment No. 3 dated May 8, 1989 to the Agreement
entered into on February 1, 1985 between Pueblo, a Municipal
Corporation, Board of County Commissioners and Zupan Enterprises,
Inc., relating to solid waste disposal, a copy of which is
attached hereto and incorporated herein, having been approved as
to form by the City Attorney, is hereby approved. The President
of the City Council is authorized and directed to execute the
Agreement for and on behalf of the City and the City Clerk is
directed to affix the seal of the City thereto and attest same.
INTRODUCED: May 8, 1989
ATTEST:
By MIKE SALARDINO
Councilman
APPROVED:
C y Clerk Pre ident of the City Council
AMENDMENT NO. 3
THIS AMENDMENT NO. 3 entered into the 8th day of May, 1989
between Pueblo, a Municipal Corporation (herein "City "), the Board
of County Commissioners of Pueblo County, Colorado (herein
"County "), and Zupan Enterprises, Inc. (herein "Contractor "),
WITNESSETH:
WHEREAS, the parties hereto did on February 1, 1985 enter
into an Agreement relating to solid waste disposal and sanitary
landfill and amended same by Amendment No. 1 on December, 1986 and
Amendment No. 2 on July 13, 1987 (herein "Agreement "), and
WHEREAS, City has obtained an Amendment to its Certificate of
Designation on the landfill site on or about December 13, 1988
which, among other things, calls for disposal of additional waste
over the east portion of the landfill (east area), and
WHEREAS, the parties are relying on the calculations of KLH
Engineering Consultants, Inc. as to the availability of cover
material on site to complete the landfill operation, cover and
reclamation requirements of the Certificates of Designation in
both the present westerly area and east area of the site, and
WHEREAS, the parties hereto mutually desire to extend the
Agreement upon the terms and conditions herein stated.
NOW, THEREFORE, in consideration of the foregoing and mutual
promises herein contained, City, County and Contractor agree as
follows:
1. The term of the Agreement and the lease of land and
building set forth in the Agreement shall be and hereby are
extended for a period of eighteen (18) months from March 1, 1989
to August 31, 1990 unless sooner terminated as provided in
paragraph 8 of the General Conditions of the Agreement or in
paragraph 2 hereof.
2. Either City or Contractor may at any time after January
31, 1990 terminate this Agreement upon prior written notice given
to the other party specifying the date of termination which shall
not be less than 120 days nor more than 150 days after the date of
the notice; provided, that if Contractor commences the operation
of another approved solid waste disposal site and facility in
Pueblo County, Colorado, either Contractor or City may terminate
the Agreement upon prior written notice given to the other party
specifying the date of termination which shall not be less than 30
days nor more than 45 days after the date of the notice. In the
event of such earlier termination and Contractor has not completed
final closure of the east area of the solid waste disposal and
sanitary landfill, including without limitation cover and
reclamation requirements, Contractor shall be paid $1,970.00 for
each additional day after the date of termination but not to
exceed 30 days during which Contractor shall diligently pursue
work on the final closure of the east area of the solid waste
disposal and sanitary landfill.
3. The monthly Compensation to be paid by City and County
to Contractor during the extended period of the Agreement or until
date of termination, if sooner terminated as herein provided, for
Contractor's performance of the Agreement and the operation and
closure of the solid waste disposal and sanitary landfill pursuant
to and in compliance with the Certificate of Designation and
amendments thereto issued by the Board of County Commissioners of
Pueblo County, Colorado shall be $59,083.00 a month, payable in
advance, commencing March 1, 1989. During the extended term Con-
tractor shall not pay rent for the lease of the land and building.
If a material change in federal, state or local law or
regulation applicable to Contractor's operation of the solid waste
disposal and sanitary landfill under the Agreement, or sufficient
cover material as calculated by KLH Engineering is not available,
or an increase in Contractor's insurance premiums results in an
increase in Contractor's costs of operating, Contractor, City and
County agree to meet and confer in good faith to adjust the
Compensation paid to Contractor hereunder.
4. Contractor shall not waste on -site cover material and
shall use on -site cover material in a reasonable and conservative
manner consistent with Contractor's coverage obligations under the
Certificate of Designation and amendments thereto. Contractor
shall at least monthly furnish City a certified statement or log
of the Plant's daily operating hours.
5. City will make or has made available to Contractor three
(3) pieces of earth equipment and related parts and accessories
belonging to City. Contractor will repair and rehabilitate two
(2) pieces of such equipment for use at the solid waste disposal
site and facility and, upon termination of the Agreement, return
the two rehabilitated pieces of equipment to the City in working
condition together with all City's unused parts and accessories.
THE EQUIPMENT, PARTS AND ACCESSORIES ARE MADE AVAILABLE TO
CONTRACTOR BY CITY "AS IS" AND CITY MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED WITH RESPECT THERETO,
WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR
OTHER MATTER.
6. City shall give reasonable notice to the public of the
date the solid waste disposal and sanitary landfill will be closed
to public use.
7. Notwithstanding anything herein or in the Agreement to
the contrary, Contractor shall complete all cover requirements of
the westerly area of the solid waste disposal and sanitary land-
fill on or before October 31, 1989 and shall thereafter diligently
pursue reclamation requirements therefor. Neither the expiration
-2-
of the extended term of the Agreement nor its earlier termination
shall release or discharge Contractor from its closure obligations
under the Certificate of Designation as amended and the Agreement.
7. This Amendment No. 3 shall become effective March 1,
1989 and the Agreement as amended by Amendment Nos. 1 and 2 and
this Amendment No. 3 shall remain in full force and effect.
Nothing contained herein shall constitute a release or waiver of
any party's rights, duties, obligations or liabilities under the
Agreement as amended or of any existing breach or default there-
under.
Executed at Pueblo, Colorado the day and year first above
written.
ATTEST: PUEBLO, A MUNICIPAL CORPORATION
By
1
Cit Clerk Pr sident of the City Council
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
OF PUEBLO COUNTY, COLORADO
City Attorne`y By
ommissioner
B y /I .6
C ommissioner
BY
Commissioner
[SEAL) ZUPAN ENTERPREISES, INC.
�-- J
Attes By
'Secretary President L
APPROVAL
The undersigned, guarantor of the Agreement, hereby approves
the foregoing Amendment No. 3 and agrees that his guarantee of the
Agreement shall not be waived, discharged, released or otherwise
modified thereby.
Signed at Pueblo, Colorado the `3 day of 1989.
Joe P. Zupan
TJ 33.15 -3-
STATE OF COLORADO,
ss.
County of Pueblo,
The Board of County Commissioners met in regular session in its
office in Pueblo County, Colorado, on Thursday the 18th day of
May A. D. 19 89 , at 10:00
Present: Sollie S. Raso
, James M. Brewer
„ George D. Amaya
o'clock.
„ James V. Phelps
ff Lucille Wilson Deputy
When the following proceedings, among others, were had and done, to -wit:
Chairman.
County Commissioner.
County Commissioner.
County Attorney.
County Clerk or Deputy.
RESOLUTION NO. -187 APPROVING AMENDMENT NO. 3 TO THE
AGREEMENT BETWEEN ZUPAN ENTERPRISES,
INC., THE CITY OF PUEBLO, AND PUEBLO
COUNTY CONCERNING THE OPERATION OF
THE SOUTH DUMP LANDFILL
WHEREAS, the City of Pueblo, Pueblo County, and Zupan
Enterprises, Inc. have entered into an Agreement dated February
1, 1985 relating to solid waste disposal and sanitary landfill
operations at Pueblo's "South Dump "; and
WHEREAS, the parties now desire to amend that Agreement
and extend it for an additional eighteen -month period from March
1, 1989 to August 31, 1990 unless sooner terminated as provided
in said Amendment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pueblo County, Colorado that Amendment No. 3
dated May 8, 1989, to the Agreement between the City of Pueblo,
Pueblo County, and Zupan Enterprises, Inc., dated February 1,
1985, the terms and conditions of said Amendment No. 3 being
incorporated herein by this reference, be, and hereby is,
approved.
By the following vote on roll -call:
BREWER -Aye, AMAYA -Aye, RASO -Aye.