HomeMy WebLinkAboutbocc.con.034.1991 �4
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, ADDENDUM
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THIS ADDENDUM made this �L�v day of C��1991 to ;, ;
that certain Agreement dated � /�f , 1988, by and between ��; -r
Bishop Construction, Inc. an n itkin County, Colorado ("the
County") �♦
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WITNESSETH: ?
j WHEREAS the parties hereto have previously entered into an
Agreement ("the Agreement") providing that Bishop Construction,
Inc. ("Bishop") shall operate the Pitkin County Solid Waste Center `
' ("SWC") under certain terms and conditions; and � ' �
� WHEREAS, among other things, the said Agreement contemplated
s that Bishop would initiate a pilot recycling program, but that ;�!.
' ; presently the County intends to implement a recycling program which °k
Bishop contends is substantially more ambitious and expensive than ��4''
so originally contemplated;
`_`� 4�
WHEREAS the parties hereto wish to mutually modify said
Agreement with respect to the Yights and responsibilities each �'::;'�.
' party will have pertaining to recycling of various waste items and =� �
; with respect to other related issues; and �U; •
;
�• `
WHEREAS a "tip" fee increase was implemented in the Spring of .' �
1990 by the County may have impacted the volume of solid waste
received at the SWC; and
WHEREAS except as •express2y modified and/or implemented -.
+ hereby, the parties agree that said Agreement shall remain !
� unchan ed and shall continue in full force and effect. ?•'�'`
4
NOW THEREFORE the parties hereto agree as follows: .`°`_
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1_ Recyclinu. The parties agree that waste material received �:�'? •
by the Pitkin County dump which is determined to be reasonably :j ,
� "recyclable°, shall be processed by the County in accordance with ;,,�g
the terms and conditions set forth hereinafter. Except as provided ? ,�
hereinafter to the contrary, any costs associated with such
_.i recyclinq, including labor, equipment and machinery shall be the . !�
j responsibility of the County. Commencing October 1, 1990 Bishop
shall not receive any "tip" fees on recyclables received at the , ,�,
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SWC, and Bishop shall not have any responsibility or obligations
whatsoever with respect to the recyclinq aspect of the SWC.
Further, in the event that the County utilizes any of Bishop's ..
equipment and/or personnel in its recycling activities, it shall :':r
� compensate Sishop for the use of such equipment and/or personnel at
normal rates.
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For purposes of this paragraph, any waste material which is �y.. -
thought to be recyclable when received and stockpiled at the SWC
� but which, as of the end of the base term of the Agreement (May 31,
1993), is not reasonably saleable and/or for which no reasonable ,
market exists and/or cannot be recycled for whatever reason, will �� •
be paid for as trash to Bishop Construction by the County. The � ;
volumes of said stockpiles will be determined from the gatekeeper's - !
records for the purpose of payment. In addition to landfill fees, �; i`•
- if the said material is then delivered to the working face, the `
County will also pay Bishop at their standard equipment rates for '�"�1�:
� hauling these materials to the active pit.
2. �lrt and Aaareqate Material Notwithstanding the
foregoing, all dirt, aggregate material and excavation debris
received at the SWC shall be recycled by Bishop, and any gross � '
revenues generated thereby shall be divided between the parties '•
with Bishop receiving 75� and the County 25�. The County shall
' further waive the percentage it receives (10�) of the tip fee
. ($2.00) charged for such material. All costs reasonably associated
with the recycling of such material, including the cost of any
• equipment, shall also be the responsibility of Bishop, and any such
equipment shall remain Bishops. Bishop shall have sole discretion "
�
to establish retail prices for the sale of recycled dirt, �'
excavation debris, gravel, road base, top soil, and any other such
. recycled material. The profit, if any, made by Bishop as the ��
result of recycling such material shall be in addition to any � ,
compensation earned by Bishop pursuant to the Agreement, and shall �
not be included as part of the minimum guaranteed amount payable �
under said Agreement.
� .
3. Ti�Fees. In order to offset the said decline in solid
waste volume received at the SWC, the parties agree that commencing ..
October 1, 1990 Bishop shall receive $2.75 per cubic yard for all
� unsorted and/or unrecyclable (as defined herein) solid waste
received and the County shall receive the remainder of the tip fees ry�;
{whether below or above the figure of 100,000 cubic yards), and `_
that the County�s quarantee of compensation under this agreement ,
based upon a minimum of 100,000 cubic yards received at the SWC, Ei� �
all as set forth in paragraph 13.2 of the Agreement, shall now be °'Y '
in the amount of $275,000. The County shall receive the full tip �`,
fee for all materials not handled or processed by Bishop }�;`�
Construction, if any, including all of the presorted recyclables ^;
upon which the County offers a discount tipping fee, except for
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those items to which paragraph �'2 hereinabove pertains. The -
parties further agree that, except as expressly modified hereby, •
nothing contained in this Addendum, nor the fact that this Addendum
was considered necessary by the parties in the first instance; •
shall act as a waiver of paragraphs 13.1 and 13.2 of the Aqreement, . �°
and in the event that the County further increases the tip fee :�'.Y
during the term of the Agreement, Bishop's compensation will be
adjusted accordingly. '' �;'��.�"' '
4. Z2e�urchase of Ecruipment Lease. Pitkin County agrees to ;j
repurchase from Bishop the following items of equipment,
improvements, and services for the amounts shown which Bishop has t
purchased entirely, or in part, for its recycling efforts: ;�i
. �. .
a} Tub qrinder $33,500 �_�; ,s.
b) 180 loader $54,000 =•v
c) Glass pit $ 7,800 � •"�`,
d) Man-hours used $19,790 �
e) Bailer rent (Sept. & oct.) $ 2,500
; 5. Indemnitv. Presently, a large accumulation of
unprocessed brush and other recyclables has occurred at the SWC as �
the result of the recycling efforts in the summer and fall oE 1990. � ti�' ±
_ The parties acknowledge that such accumulation contributes to a -
significant fire hazard and other potential sources of liability.
• Accordingly, the parties agree that the County shall, to the Y�
fullest extent permit9ted by the then existing law, indemnify and ''�
hold Bishop, its officers, directors, stockholders, employees and .'�.
agents, harmless from any claims, demands, losses or liabi2ities ,
. arising out of the maintenance of the said accumulation of brush �.•,�.,��
and other recyclables, including, without limitation, the
possibility of fire, and shall further indemnify and hold Bishop ",�+�:�
harmless from eny such c2aims, demands, losses or liabilities r• i
` arising out of any aspects of the County's recycling program and,
specifically, without limitation, sueh recycling activities which ;Y
take place at the SWC. The said indemnity shall include indemnity � '
for Bishop's attorney fees, court costs, other costs of litigation, ,� �>
and other miscellaneous costs which Bishop may incur as the result •
� of any of such alaims, damages, losses or liabilities brought
against Bishop, any of its officers, directors, stockholders,
agents, or employees. The parties further acknowledge that the .�i "
County asserts that the Colorado constitution prohibits it from �° , >.
indemnifying private corporations and individuals in the manner set �".^; '.
forth herein, but that Bishop believes that the said constitution �_+� '
does not prohibit this indemnity and that the County may so •, (�
indemttify corporations and individuals. In the event Bishop is �, -
' correct, the parties intend this indemnity to have full force and ��s! .
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� effect as though there was no prohibition upon the County y'�r .
� preventing indemnity. In the event o£ a circumstance trigqering �;. '
; this indemnity, the effect of this indemnity may be litigated by �"=' '
either'party. �T '�'
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6. Saturday hours. The parties agree that the three hours
j which the Agreement requires Bishop to keep the SwC open on �.
;� Saturdays, may be adjusted to the hours of from 9 AM to 12 PM, it �
; `; beinq acknowledged by the parties that such hours will merely �`:'
aonform to the hours which the public typically utilizes the SWC. �! �
_ a:'.?� � ,�,
� � ;' 7. Senarate Work by Bi�ho�. In the event that Bishop is p� '�`
''r�� requested by the County to perform work outside tlte scope of the i�:�,,.
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,:;:� agreement (as modified hereby} and/or work in connection with the J :
��•;' County's recycling efforts, such work shall be separately charged
to the County by Bishop at Bishop's normal rates for such work.
�� 8. eindinq Aareement. Excegt as expressly supplemented
�;� herein, said Agreement shall remain in fu21 force and effect, and
� will continue to be binding upon the parties. + .
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IN WITNESS WHEREOF the parties hereto have set their hands and
Y, �.� seals on the day and year first written above. �:'..
���;
• , BISHOP CONSTRUCTION, INC. PITKIN COUNTY ; �
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:;s�_4 By• � BY- � ' `
.. 's� .y�s- � .
� }� APPROVEp�AS TO FOLtM: � BOARD OF COUNTY COMMISSIONERS 3
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Tim Wh ts'tt, ounty Attorne Wayne Et ridge, Chairman L''�`
''i�.,y ATTEST. �'�'�� ?Ifii " i -
�*:R� Date `�.�
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�µ� J ette .Iones, D uty Clerk 4 ��;�
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