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HomeMy WebLinkAbout39-88 RESOLUTION SCANNED RESOLUTION NO. 39-88 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR SANITARY LANDFILL SERVICES WITH NORTHWEST ARKANSAS WASTE MANAGEMENT, INC. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract for sanitary landfill services with Northwest Arkansas Waste Management, Inc. A copy of the aforesaid contract is attached hereto marked Exhibit "A" and made a part hereof . PASSED AND APPROVED this 7th day of June , 1988. APPROVED By: M • , mals?.0-144r9ORA4.4...--....... 'iE' , C it (r *): ' r ' : , t' ^ yf C1.erk tl10t rri. _J. 4I CR . U GV( a ti. LA) . off\ 4-kid 7y-b - i e1, ,64/ CONTRACT This CONTRACT executed on this 24th day of June 1988 , by and between the City of Fayetteville, Arkansas, herein- after called the "City" ; and Northwest Arkansas Waste Management, Inc. , hereinafter called "Northwest" . W I T N E S S E T H: WHEREAS, Northwest is engaged in the operation of a sanitary landfill in Washington County, Arkansas, and has been the success- ful bidder for the disposal of solid waste by the City of Fayette- ville; and WHEREAS, it is the intent of this contract to formulate the terms and conditions under which the City may dispose of its solid waste at the sanitary landfill site operated by Northwest; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto mutually agree as follows: ARTICLE I - GENERAL PROVISIONS 1. Northwest agrees to furnish to the City the following described land located in Washington County, Arkansas, to-wit: The East Half of the Southeast quarter of the Northwest Quarter of Section Three, containing 20 acres, more or less; the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section Three, containing 10 acres, more or less, and the East Half of the North Half of the North Half of the Northeast Quarter of the Southwest Quarter of Section Three, containing 5 acres, more or less, and containing herein 35 acres, more or less, all in Township Seventeen North of Range Twenty Nine West. The Fractional Northwest Quarter of the Northeast Quarter of Section 3 , containing 33 .06 acres, more or less; and the Fractional South Half of the Northeast Quarter of Section 3, LESS AND EXCEPT the following described tract: Beginning at the Southwest corner of said 80 acre tract, and running thence North 676. 3 feet; thence North 89 degrees 23 minutes East 708 . 5 feet; thence South 676 . 3 feet; thence South 89 degrees 23 minutes West 708 . 5 feet to the point of beginning, leaving 67.73 acres,more or less, all in Township 17 North, of Range 29 West. Also, all that part of the North Half of the Southeast Quarter of Section 3 , lying North and East of the Oliphant County Road, LESS AND EXCEPT part of the Northwest Quarter of said Southeast Quarter described as 1 follows: Beginning at the Northwest corner of said 40 acre tract, and running thence North 89 degrees 23 minutes East 708. 5 feet; thence South 388. 97 feet to the center line of said County Road; thence Westerly with said center line to the West line of said 40 acre tract; thence North to the point of beginning; ALSO, LESS AND EXCEPT part of the Northwest Quarter of said Southeast Quarter, described as follows: Beginning at the Northeast corner of the said Northeast Quarter, Southeast Quarter, thence West 1072 feet, thence South 1217 .92 to the center line of Oliphant County Road. Thence in a Southeasterly with said road centerline to the South line of said Northeast Quarter Southeast; for a sanitary landfill method of disposal of solid wastes. 2. The City shall pay to Northwest $19,716. 67 per month, • and Northwest shall charge the University of Arkansas $2,123 . 33 per month, for the use of the aforesaid facilities for the purposes indicated herein. ARTICLE II - SPECIAL PROVISIONS 1. General Description: The work to be performed under this contract consists of the furnishing of suitable land for a sanitary landfill method of disposal of solid wastes of all classes, except hazardous wastes, and the furnishing of such personnel and equipment as is necessary to properly conduct a sanitary landfill operation. The land may be owned or leased by Northwest. Northwest shall accept all solid wastes delivered to the disposal site by the City and the Univer- sity of Arkansas. Wastes from private contractors as are duly licensed by the City to collect solid wastes inside the corporate • limits of Fayetteville, and from other individuals, shall be accepted by Northwest either at the landfill site or some other location designated by Northwest. Northwest may charge reasonable fees for providing this service. 2. Term: The term of this contract shall be one year with an option for one year renewal by the City. If the option is exercised, the contract prices will be adjusted, based upon the United States Department of Labor Cost of Living Index for the year immediately preceding. The actual percentage, increase or decrease in said index, shall be used to compute any adjustment. 3 . Compliance with Regulations: Types of trash. Northwest agrees to accept all solid wastes except car 2 • bodies, dead animals, or fowl, or offal delivered to the disposal site. All acceptable wastes shall be deposited in a location as designated by Northwest for disposal in accordance with applicable regulations and directives of the Arkansas Department of Pollution Control and Ecology and all other state or federal regulatory agencies. Northwest shall show evidence of having obtained al permits and authorization required at the time of bidding. The Arkansas Pollution Control and Ecology permit shall reflect an expiration date no sooner than June 15, 1989 . 4. Time of Operation: Northwest will provide disposal from 7 :00 a.m. to 6 :00 p.m. Monday through Friday and 7 :00 a.m. to 2: 00 p.m. on Satur- days, excluding holidays when City sanitation service is not provided. 5. Distance: This disposal site shall be located at a road distance of not more than eighteen miles from the intersection of College Avenue and Maple Street in Fayetteville. As an alternative to the disposal site being located within the above fifteen mile distance, Northwest may propose to receive the solid wastes within this distance into transfer trucks with Northwest assuming responsibility for transporting the wastes to a sanitary landfill at a more distant location. 6. Access: The disposal site must be served by all-weather roads sufficient to support the transporting equipment without undue hazard for 364 days a year. Interior access to dumping locations at the disposal site shall be maintainea by Northwest so as to permit full time use by City equipment under all weather condi- tions. All City trucks shall be pulled out, rather than pushed out, during adverse weather conditions if assistance becomes necessary. 7. City Indemnity: Northwest shall guarantee to hold harmless and indemnify the City from any and all loss, damage, claims, suits, judgments, 3 and recoveries which may be asserted, made or may arise or be had, brought or recovered against the City by reason of Northwest' s operations and it shall immediately appear and defend the same at its own cost and expense. 8 . Performance Bond: After .._.i d of the bid and prior to execution of a contract, Northwest shall provide a corporate performance bond in the amount of $250 , 000 . 00 as a guarantee of compliance with the terms of the contract. The form of bond and the surety shall be subject to the approval of the City' s Attorney. Said bond shall be maintained in full force and effect during the entire term of this contract and any renewal term. No assignment or pledge of the monies to become due under this contract shall be made without the written approval of the surety on the performance bond and the consent of the City being first obtained and endorsed thereon. Such assignment or pledge, however, shall not release Northwest or its sureties from any obligations or liability arising under or because of this con- tract. 9. Sub-contracts: No assignment or subletting of all or any portion of the work under these specifications will be permitted without approval of the Board of Directors of the City. 10 . Competency of Employees: All workmen employed shall be competent and skilled in the performance of the work to which they may be assigned. Failure or delay in the performance of this contract due to Northwest ' s inability to obtain workmen of the number and skill required shall constitute a default of the contract. 11 . Insurance Northwest shall provide and maintain in full force and effect during the entire term of this contract regular Contrac- tor ' s Public Liability Insurance with the City as an additional insured, providing for a limit of not less than $100 ,000 . 00 for all damages arising out of bodily injuries to or death of one 4 person and subject to the same limit for each person a total limit of not less than $300, 000 . 00 for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and regular Contractor' s Property Damage Liability Insurance providing for a limit of not less than $75 ,000 . 00 for all damage arising out of injury to or destruction of property in any one accident, and, subject to that limit per accident, a total limit of not less than $100 ,000 . 00 for all damages arising out of injury to or destruction of property during the policy period. Northwest shall provide and maintain in full force and effect during the entire term of this contract Workman' s Compensa- tion Insurance as shall protect it from claims for damage for personal injury, including accidental death, which may arise from operations under this contact, whether such operation be by itself or anyone directly or indirectly employed by it as required by State law. Northwest shall file a copy of such policies with the Purchasing Officer upon initiation of service. 12 . Payment by City or University: Payment will be made at the contract unit price for "Disposal of Compacted or Loose Solid Wastes" as stipulated in the proposal. The contract unit prices shall apply to wastes deli- vered by the University of Arkansas, the City or its duly licensed private haulers . Northwest shall charge a flat, per-month rate for City and/or University wastes based upon average volumes of 70 tons per week for the University of Arkansas and 650 tons per week for the City. At any time Northwest feels the weights are in excess of those given above, it may request the weighing of all loads for a two week period. If weights exceed those given above by more than ten percent, the City and University shall pay all weighing charges and the monthly disposal rates shall be adjusted accord- ingly, based upon the same per-ton costs as contained in the original bid. If the weights do not exceed those given above by more than ten percent, Northwest shall pay all weighing charges and there shall be no adjustment of disposal rates . 5 Northwest shall transmit to the City no later than the fifth day of each month a statement of charges for services provided under the contract for the previous month. After verification of charges, the City of Fayetteville will make payment to Northwest on or near the 20th of each month for authorized services. Billings to licensed haulers nr the University of Arkansas will be the responsibility of Northwest. 13 . Spring Clean-up: If a spring and/or Fall Clean-up is conducted, all State, County or City vehicles hauling refuse as a part of the clean-up campaign shall be permitted to dispose of wastes at the landfill during the clean-up campaign (normally two weeks) for a flat fee of $1,000.00 for the Spring and $500.00 for the Fall to be paid by the City. All citizens of Fayetteville shall be permitted to dump either at the landfill or some other designated area free of charge on designated clean-up dates, providing that they can show they have paid the City water bill the previous month. 14. Inquiries: All inquiries concerning these specifications, amounts and types of refuse for disposa ., or licensed haulers shall be • directed to Mr. Wally Brt, Superintendent of the Sanitation Division, City of Fayetteville, Arkansas. 15. Holidays: The holidays recojnized under this contract are: Sundays, Christmas Day, Th: .nksgiving Day and Friday following, Labor Day, Memorial Day, Ind':pendence Day, Veteran' s Day, and New Year' s Day. If the City requires Northwest' s facility during these periods the City shall pay to Northwest an extra charge of $1. 00 per yard of garbaca and trash disposed of on the aforesaid holidays. This contract shall be construed under the laws of the State of Arkansas and shall inure to the benefit of the parties hereto, their successor:s and assigns. 6 .i" IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Ma or ATTEST: CA) City C r NORTHWEST ARKANSAS WASTE MANAGE- MENT, INC. By: a��. Gary W. aRue, President ATTEST: g42 .41V