HomeMy WebLinkAbout257-25 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 257-25
File Number: 2025-2247
A RESOLUTION TO APPROVE AN AGREEMENT WITH RED LINE CONTRACTORS, LLC FOR THE
HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE FOR A PERIOD OF 2
YEARS WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL 2 YEAR TERMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement with Red Line
Contractors, LLC, a copy of which is attached to this Resolution, for the hauling and disposal of solid waste in the City
of Fayetteville for a period of 2 years with automatic renewals for two additional 2 year terms.
PASSED and APPROVED on November 18, 2025
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2247
MEETING OF NOVEMBER 18, 2025
TO: Mayor Rawn and City Council
THRU: Peter Nierengarten, Environmental Director
FROM: Daryl Brigman, Financial Analyst - RTC
SUBJECT: A resolution to approve an agreement — Redline Contractors
RECOMMENDATION:
Staff recommends City Council approval of a resolution with Redline Contractors for the hauling and
disposal of solid waste in the City of Fayetteville.
BACKGROUND:
City Code 50. 29 - Private Collectors; Contract with City Required
No person, except a duly authorized agent or employee of the city, shall empty garbage or
trash receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of the
city, without a written contract with the city. (Code 1965, § 10-46; Ord. No. 1194, 4- 6- 59; Code 1991, §
50. 29)
In accordance with this City Code, Redline Contractors has submitted a request for a contract to haul solid
waste within the city limits of Fayetteville.
There are currently 21 approved franchise haulers operating in the city of Fayetteville.
DISCUSSION:
The hauling contract will permit Redline Contractors to collect and haul Class 1 and Class 4 solid waste
using open-top roll-off style containers with capacities of 12 cubic yards or greater, or roll-off style
compactors with capacities of 12 cubic yards or greater. No unseparated recyclables, with the exception
of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City
of Fayetteville.
The agreement requires Redline Contractors to pay a monthly fee to the City of Fayetteville of 10% of the
gross revenue received for providing solid waste hauling services.
The term of the agreement will be 2 years with automatic renewals for 2 additional 2- year terms. Staff
proposes approval for Redline Contractors to haul and dispose of solid waste within the City of
Fayetteville per the terms of the attached agreement.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
ATTACHMENTS: 3. Staff Review Form, 4. Redline Contractors
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2247
A RESOLUTION TO APPROVE AN AGREEMENT WITH RED LINE CONTRACTORS, LLC
FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF
FAYETTEVILLE FOR A PERIOD OF 2 YEARS WITH AUTOMATIC RENEWALS FOR
TWO ADDITIONAL 2 YEAR TERMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement
with Red Line Contractors, LLC, a copy of which is attached to this Resolution, for the hauling and
disposal of solid waste in the City of Fayetteville for a period of 2 years with automatic renewals for two
additional 2 year terms.
10/27/2025
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-2247
Item ID
11/18/2025
City Council Meeting Date - Agenda Item Only
A resolution to approve an agreement between the City of Fayetteville, Arkansas and Redline Contractors to haul
and dispose of solid waste in the City of Fayetteville
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Daryl Brigman RECYCLING/TRASH COLLECTION (750)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
18th November
Payments of fees received after the due date shall be assessed a 10% penalty per month. If. Hauler
fails to pay the fees within forty-five (45) days of the due date, the City may terminate this
Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall
be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following
information: (i) Hauler's worksheet calculating the fees remitted; (ii) a list of payments received
from customers within the City; (iii) such list shall clearly indicate whether each payment was
from a permanent or temporary customer, and (iv) the fee shall be based upon all activity from
each customer account within the City, and shall include the normal billing charges for all free or
discounted services (including those for non-profit organizations) including but not limited to
delivery, pull charges, disposal charges, transportation charges, final pull charges, and return
charges. With payment remittance, the City will review and obtain certain trade secret
information, including rates, frequency of service, customer lists, and other customer information
-- Confidential=lr fOrmatiol ' . The Ch asserts this inforrnaT on rs exemp from disclosure under
the Arkansas Freedom of Information Act as the information meets the exemption for records that
"if disclosed would give advantage to competitors."
Hauler shall pay all fees due hereLmder, along with submitting "Attachment B: Recycling
Documentation", on or before the 15th of each calendar month for the immediately preceding
calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per
month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may
terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting
information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include
the following information: (i) volumes of recycling collected, in tons, by commodity, with
disposition by destination market, for all recycling; (ii) volumes of construction and demolition
waste delivered to permitted constriction and demolition waste sorting facility and percentage of
material recovered. (iii) Hauler's worksheet calculating the fees remitted; (iv) a list of payments
received and locations from customers within the City; (v) such list shall clearly indicate whether
each payment was from a permanent or temporary customer, and (vi) the fee shall be based upon
all activity from each customer accormt within the City, and shall include the normal billing
charges for all 'free or discounted services (including those for non-profit organizations) including
but not limited to delivery, pull charges, disposal charges, transportation charges, final pull
charges, and return charges. With payment remittance, the City will review and obtain certain trade
secret information, including rates, frequency of service, customer lists, other customer
information, and contracts with recyclers and processing mills ("Confidential Information"). The
City asserts this information is exempt from disclosure wider the Arkansas Freedom of Information
Act as the information meets the exemption for records that "if disclosed would give advantage to
competitors."
8. T-lie-C-ty-shall-have-the-right-to-conzluct an-andit oFHauler-s-customer-fibs-arid-records for -all
customers located within the City, provided that such audit privilege shall be limited to once per
calendar quarter. The audit may be conducted by City staff or by a third -party external auditor
chosen by the City. If such audit reveals the Hauler should have paid at least 5% more than
reported, the cost of the audit and the discrepancy shall be paid by the Hauler to the City. ,During
such audit, the City may review and obtain certain trade secret information, including rates,
frequency of service, customer lists, and other customer information ("Confidential Information").
This information shall not be divulged to any third party (not including any third -party external
Pvv"TACQ t--------
of the Hauler, or as otherwise required by law. The City asserts this information is exempt from
disclosure Linder the Arkansas Freedom of InformationAct as the information meets the exemption
Page 2 of 6
for records that "if disclosed would give advantage to competitors." Any Confidential Information
provided by Hauler to the City or the third -party external auditor will only be reviewed by City
financial staff and will not be made available to City solid waste staff.
9. The City will advise Hauler of any request for information which the City, at the City's sole
discretion, determines to be non-disclosable or otherwise subject to an exemption from disclosure
under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines
that said requested information is disclosable or otherwise is not exempt from disclosure under the
Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler.
Discovery requests made to the City during the course of any litigation, or any other subpoena or
court order issued to the City for information or records related to Hauler and this Agreement, shall
be promptly made lmown to Hauler.
10. Harder agrees and understands that it shall submit to the City by June 30a' on an annual basis: (i)
a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate
vehicle registration; (iii) and proof of the insurance required in the Agreement.
11. Hauler agrees and understands that it shall provide by June 30a' on an annual basis: (i) a list of
vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid
and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and
implementation of a plan to ensure that the vehicle operators maintain their commercial driver's
licenses in accordance with applicable federal and state laws.
12. Hauler agrees that it shall provide by June 30"' on an annual basis copies of valid and current
hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid
Waste District with jurisdiction, and any local permitting agency.
1.3. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety,
environmental and transportation matters related to providing solid waste collection services under
this Agreement. Hauler agrees that all open -top roll -off style containers will be properly covered
during transit on streets and highways within Fayetteville.
14, The City reserves the right to inspect all vehicles and containers to ensure that the vehicles are safe
and well -maintained and that all containers are well -maintained and water tight, if necessary.
15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required
to establish an individual credit or service relationship with the City of Fayetteville transfer station
operator. Hauler agrees that it shall comply with all practices, policies and procedures as
ostabliehed-b3�4h®-trz�s-fer-station-eperator fr-on1 tit-no-to-tiirrc Any-tipptrag-feo-deposit�r-®quired-b�
the transfer station or landfill operators shall be refunded, Less any unpaid tipping fees, when the
Hauler ceases hauling activities governed by this Agreement.
16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by
all of the teens and conditions as a matter of contractual obligation pursuant to applicable City
ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way
to any license or ordinance created pursuant to A.C.A. §26-77-102.
17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to
any third part or affiliate.
Page 3 of 6
18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's
Environmental Director. The Point of Contact for the Hauler shall be
'AN 32Fd7_ . Communications pertaining to day-to-day aspects of this contract
shall be through these individuals. Either party may change its designated Point of Contact upon
ten (10) days prior written notice to the other party.
19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers,
employees, agents, subcontractors, representatives and assigns from any loss, claim, liability,
penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto
(including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i)
Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii)
Hauler's Mg lTgent act -oi omission oWilIfil in isconduct"relatod tothe-delivery ofwasteTo the
City transfer station or a properly licensed landfill facility.
20. Insurance: Hauler shall maintain the following insurance coverage during the term of this
Agreement:
a) Haider shall provide and maintain, during the term of this Agreement,
comprehensive general liability insurance, to protect against all claims arising out
of the performance of its services hereunder that result in bodily injii y, death or
property damage. The policy or policies shall contain a clause that the insurer will
not cancel or decrease the insurance coverage without first giving the City sixty
(60) days notice in writing.
b) Upon written request, Hauler shall furnish the City with evidence that the insurance
required of it is in force.
c) City will be added as an additional insured on General Liability and Auto Liability
policies.
d) The types of coverage and limits of liability of all insurance required herein shall
be a follows:
COVERAGE
LIMITS OF LIABILITY
Worker's Compensation
Statutory
Employer's Liability
$500 000
Bodily Injury Liability except
Automobile
$1,000,000
each occurrence
Property Damage Liability Except
Automobile
$1,000,000
each ag re ate
Ali to bile Bod71 Injur
—$1;QQ0;000 eac erson
Comprehensive General
Liability
$1,000,000
each occurrence
Automobile Property
Damage Liability
$1,000,000
each occurrence
Excess Umbrella
Liability
$1,000,000
each occurrence
21. Termination:
Page 4 of 6
a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults
in the performance of any of the requirement or conditions contained herein, and
such breach continues for fifteen (15) days after the City has given the Hauler
written notice of such breach or default, the City may: (i) terminate this Agreement
no sooner than thirty (30) days after the date of written notice of such breach or
default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii)
exercise any right or remedy to which it may be entitled by law.
b) The City may terminate this Agreement upon written notice to the Hauler if the
Hauler makes an assignment for the benefit of creditors, or files a voluntary petition
in bankruptcy, receivership or insolvency, or files an answer in any involuntary
proceeding of that nature admitting the material allegations of the petition, or if a
proceeding in bankruptcy, receivership or insolvency shall be instituted and such
- 3zrcoezit 3s nbt diam�sed within sip - 60 da �
c) In the event that this Agreement is terminated for any reason, any amounts payable
to the City by Hauler for services rendered for any reason whatsoever shall become
immediately due and payable as of the date of such termination.
22. All notices required or permitted under this contract shall be submitted in writing to the other party
of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall
be effective three (3) clays after deposit therein addressed to the following:
City of Fayetteville �cully L CON �MC4Wl 5 L� L
Environmental Director �Attn: Vgl*z
113 West Mountain Street �tl. 37X fe00
Fayetteville, AR 72701 Sf¢i���a�E�kk 7a
23. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant
hereto are subject to the Arkansas Freedom of hnformation Act. If a Freedom of Information Act
request is presented to the City of Fayetteville requesting such non-exempt documents, such non-
exempt documents shall be provided in a prompt and timely marmer as prescribed in the Arkansas
Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized
photocopying costs may be assessed for this compliance.
24. This Agreement shall be interpreted according to and enforced under the laws of the State of
Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg, No.
22.
�3�waiver-by-either-part-y-of-an�o€tlte-teFtn�o�sonditronslnoi einshall-be-li-nrrted-to-thaEparbieu-la r
instance, and shall not be construed as a general waiver of either parry's right to seek appropriate
remedies for any other breaches by either party.
26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of
competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable
for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect.
27 — This- �lctconlstitutes the entire2lmderatarrcli (1-th artics and n�Notifrcation or -variation of-- rrg= � p - -
the terns of this contract shall be valid unless made in writing and signed by the duly authorized
agents of the City of Fayetteville and the Hauler.
Page 5 of 6
28. Each of the undersigned warrants that he or she has the full right, power, and authority to execute
this contract on behalf of the party indicated for the purposes herein contained.
29. To the extent a definition or a specific term is not provided herein but is nonetheless required by
the context, it is the intention of the parties to incorporate herein the definitions contained in
applicable law and regulation in effect as the date hereof, except to the extent subsequent law or
regulation shall expressly or implicitly mandate a revised definition.
30. The obligations of the parties to this Agreement, which by their nature would continue beyond the
termination, cancellation or expiration of this Agreement, shall survive the termination (for any
reason), cancellation or expiration of this Agreement.
t..__..._...-..__-.. .-_...._-_�.._--___77
7
.7-_..-.-..._._..._._�_._�__._..�_....�.__._.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
CITY OF FAYETTEVILLE
BY:
MOLL' RAWN, Mayor
ATTEST:
^ h: G�� O.ti •.G
0 =0: FAYETTEVILLE,:10`
By:
KARA PAXTON, City Clerk/Treasurer
By
NAME, Title
WITNESS:
M.
Page 6 of 6