HomeMy WebLinkAbout31-97 RESOLUTION •
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RESOLUTION NO. 31-9 7 9
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
AGREEMENT WITH SUNRAY SERVICES, INC., TO
IRANSPORT AND DISPOSE OF THE CITY'S SOLID WASTE,
FOR THE OPERATION OF THE TRANSFER STATION AND
A FEE INCREASE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council hereby approves Amendment No. 1 to the agreement
with Sunray Services, Inc., to tranport and dispose of the city's solid waste, for the operation of
the transfer station and a fee increase; and authorizes the Mayor and City Clerk to execute said
agreement. A copy of the agreement is attached hereto marked Exhibit "A" and made a part
hereof.
• PANgFR AND APPROVED this 18th day of March , 1997.
• APPROVED:
1 �
:,• /4be*--• By:
Fred Hanna, Mayor
ATTEST:
By: //L41.,C.L, -X-C 11
Traci Paul, City Clerk
- d
144w#d
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EXHIBIT A
AMENDMENT#1
Contract with Sunray Services, Incorporated
for the Operation of Transfer Station,
and Transport and Disposal of Municipal Solid Waste
The City of Fayetteville, by agreement dated September 25, 1995, contracted with Sunray Services, Inc. for
the operation of Fayetteville's transfer station, and transport and disposal of municipal solid waste.
Amendment#1 does hereinafter amend the contracted fee structure as specified in Section 3 of the contract
document. The approved amendments to Section 3 of the contract document are as follows:
Section 3. (a) For operation of the City Transfer Station, $4.13 per ton of solid waste delivered to the
Transfer Station;
Section 3. (b) For outgoing transport of solid waste delivered to the City Transfer Station, $7.07 per ton,
based on incoming weight delivered to the Transfer Station;
Section 3. (d) For disposal of solid waste delivered to Contractor's landfill or transfer station,$29.20 per ton;
Section 3. (e) For accepting at the City's Transfer Station and disposing of solid waste generated from
sources other than the City of Fayetteville, $41.28 per ton, of waste delivered to the Transfer
Station,which shall be billed by Contractor to such sources. The City shall receive a franchise
fee equal to 5%of the remainder of such fee after deducting applicable governmental solid
waste fees;
Section 3. (f) A minimum charge for accepting solid waste from sources other than the City of Fayetteville,
$1.25 per bag until exceeds $20.65, or $20.65 minimum up to 1,000 pounds, after 1,000
pounds other sources will be charged$41.28 per ton.
IN WITNESS WHEREOF,the parties to these presents have executed this Amendment#1 of the contract for
the operation of Fayetteville's transfer station, and transport and disposal of municipal solid waste to be
retroactive to January 1, 1997.
City of Fayetteville. Arkansas
A ST: (City
' By:
4 (City Clerk)
( -
r � r " '� � ����
ii /111 A yea p'
(Title)
Sunray Service,Inc.
P
a (Contractor)
,.., By:O(S:.
(Secretary)
GNR ►I 'MP►1-)ACr�i �
(Witness) (Title)
5PR�N A I c R -1 los
(Address and Zip Code)
/'es 3/- 7 7
ill- y
Glr1lr9c/ 7
STAFF REVIEW FORM
I—1 7b'
AGENDA REQUEST
XX CONTRACT REVIEW
GRANT REVIEW
For the Council meeting of MICROFILMED
FROM:
Cheryl Zotti Solid Waste Public Works
Name Division Department
ACTION REQUESTED: Staff request review of amendment #2 to our contract with Sunray
Services, Incorporated. Please refer to the attached memorandum, amendment and contract for
information. Thank you.
COST TO CITY:
savings of approximately
$70,000/year $1,073,213 Services and Charges
Cost of this request Category/Project Budget Category/Project NAME
5500-5020-5316.00
5500-5010-5316.00 0 Solid Waste Disposal
Account Number Funds Used to Date Program Name
1,073,213 Solid Waste
Project Number Remaining balance Fund
BUDG T REVIEW:
Budgeted Item Budget Adjustment Attached
Budget oordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
itiev �.�7-Q GRANT AGENCY:
Ac ountin Ma er Date
Ci A toy ey Date D Coordina Date
1112 —rse/
Purchasing Officer Date ernal Auditor Date
STAFF RECOMMENDATION:
1-2q-cla
•. Date Cross Reference
•��A� _ 16 New Item: Yes No
Depa •e Director Da e /J
I/31 )3 Prey Or /Res _3/l /o, 7
Admi ervi Da e
� g Orig Contract Date:
Ma •r Date
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AMENDMENT#2
Contract with Sunray Services, Incorporated
for the Operation of Transfer Station,
and Transport and Disposal of Municipal Solid Waste
The City of Fayetteville, by agreement dated September 25, 1995, contracted with Sunray Services,
Inc. For the operation of Fayetteville's transfer station, and transport and disposal of municipal solid
waste. Amendment#2 does hereinafter amend the contracted fee structure as specified in Section
3 of the contract document. The approved amendment to Section 3 of the contract document is as
follows:
Section 3.(b) For outgoing transport of solid waste delivered to the City Transfer Station, $5.07 per
ton, based on incoming weight delivered to the Transfer Station;
IN WITNESS WHEREOF, the parties to these presents have executed this Amendment#2 of the
contract for the operation of Fayetteville's transfer station, and transport and disposal of municipal
solid waste to be retroactive to Deeembci 16, 1997.
ZRNu.Mtk I 19'1'
City of Fayetteville, Arkansas
ATTEST: (City)
/410),-cerieffle By:
pepa�
ma)/F:te;
•
Sunray Services, Inc.
• (Contractor)
t
n
•
' • I By: n
�ENEfa-Al HN c, fL
(title
SP0.\ND4ddresssatii i3i;oae) Cl� 65
FAYETTEVILL 4' .
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Fred Hanna, Mayor
THRU: Kevin Crosson, Public Works Director ik
FROM: Cheryl Zotti, Environmental Affairs Administrator CCry
DATE: January 22, 1998
SUBJECT: CONTRACT AMENDMENT
SUNRAY SERVICES,INCORPORATED
Sunray Services, Incorporated has submitted an amendment which would amend our contractual
agreement by decreasing our disposal fees from$29.20 per ton to $27.20 per ton, a$2.00 reduction.
Sunray is proposing a reduction in fees because they have changed disposal sites. Sunray is now
transporting all waste received at the city's transfer station to a landfill owned and operated by USA
Waste, in Tontitown,Arkansas. Sunray was previously transporting the waste to a landfill located
near Stilwell, Oklahoma(Cherokee Nation Landfill). Reduced driving time when transporting our
waste has allowed Sunray to decrease the transportation fees by $2.00 per ton.
I have attached a copy of our contractual agreement with Sunray. Section 3, Fees, details the fees
that Sunray is entitled to charge for the services they provide. The amendment changes Section 3.
(b) by reducing the fee for transporting our waste from 7.07 per ton to 5.07 per ton.
We estimate that we will recognize a savings of approximately $70,000 per year, through this
reduction. Because this reduces our contract amount, the only action required to approve this
amendment is your signature. Staff recommends approval of this amendment. Should you have any
questions, please call me. Thank you.
• ,r, i .�_.-•
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RESOLUTION NO. 3 i -9 7
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
AGREEMENT WITH SUNRAY SERVICES, INC., TO
TRANSPORT AND DISPOSE OF THE CITY'S SOLID WASTE,
FOR THE OPERATION OF THE TRANSFER STATION AND
A FEE INCREASE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council hereby approves Amendment No. 1 to the agreement
with Sunray Services, Inc., to tranport and dispose of the city's solid waste, for the operation of
the transfer station and a fee increase; and authorizes the Mayor and City Clerk to execute said
agreement. A copy of the agreement is attached hereto marked Exhibit "A" and made a part
hereof.
PA5$E9 AND APPROVED this 18th day of March , 1997.
- APPROVED:
By. �\
Fred Hanna, Mayor
ATTEST:
By: 4724k, �}
Traci Paul, City Clerk
EXHIBIT A
AMENDMENT#1
Contract with Sunray Services, Incorporated
for the Operation of Transfer Station,
and Transport and Disposal of Municipal Solid Waste
The City of Fayetteville, by agreement dated September 25, 1995, contracted with Sunray Services, Inc. for
the operation of Fayetteville's transfer station, and transport and disposal of municipal solid waste.
Amendment#1 does hereinafter amend the contracted fee structure as specified in Section 3 of the contract
document. The approved amendments to Section 3 of the contract document are as follows:
Section 3. (a) For operation of the City Transfer Station, $4.13 per ton of solid waste delivered to the
Transfer Station;
Section 3. (b) For outgoing transport of solid waste delivered to the City Transfer Station, $7.07 per ton,
based on incoming weight delivered to the Transfer Station;
Section 3. (d) For disposal of solid waste delivered to Contractor's landfill or transfer station,$29.20 per ton;
Section 3. (e) For accepting at the City's Transfer Station and disposing of solid waste generated from
sources other than the City of Fayetteville, $41.28 per ton,of waste delivered to the Transfer
Station,which shall be billed by Contractor to such sources. The City shall receive a franchise
fee equal to 5%of the remainder of such fee after deducting applicable governmental solid
waste fees;
Section 3. (f) A minimum charge for accepting solid waste from sources other than the City of Fayetteville,
$1.25 per bag until exceeds $20.65, or $20.65 minimum up to 1,000 pounds, after 1,000
pounds other sources will be charged$41.28 per ton.
IN WITNESS WHEREOF,the parties to these presents have executed this Amendment#1 of the contract for
the operation of Fayetteville's transfer station, and transport and disposal of municipal solid waste to be
retroactive to January 1, 1997.
City of Fayetteville. Arkansas
A ST: A (City
- 1 By: (4-(41/�G2'iV►��
_. (City Clerk)
.t. k / • • •'i
A Sunray Service. Inc.
.Iy �,�' ., -ir-- _" _(Contractor)�..,_..._ ' By.� n+w. -__"i". 7...t-t -L-A...
(Secretary)
G N RA) mf%NAlr- R.
(Witness) 1 (Title)
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SPRY N r A A ki. 1 K. —1 9.1 (c)S
(Address and Zip Code)
AGREEMENT TO TRANSPORT AND DISPOSE
OF MUNICIPAL SOLID WASTE
AND FOR OPERATION OF TRANSFER STATION
This agreement is made and entered thisAr day of ...),/.0,77_%y? , 1995, by and
between the City of Fayetteville, Arkansas ("City") and Sunray Services, Inc., a Delaware
corporation ("Contractor").
RECITALS
The City has responsibility for proper disposal of all residential and commercial solid
waste generated within its boundaries, the current volume of which solid waste is presently
estimated to be thirty-two thousand (32,000) tons per year. In order to properly dispose of such
solid waste, the City has planned and is constructing a transfer station comprised of
approximately nine-thousand six-hundred (9,600) square feet, including a scale house, a platform
scale for weighing incoming and outgoing solid waste vehicles and suitable facilities to allow
direct dumping of the City's waste collection vehicles into transport trailers. The City has
solicited bids for the operation of the Transfer Station and the proper transport and disposal of
solid waste generated therein. Contractor is the successful bidder thereon and, in addition, has
proposed to provide its own transfer and/or landfill facilities for the disposal of such solid waste
pending completion of the Transfer Station, which additional proposal has been accepted by the
City of Fayetteville. The parties have therefore entered this agreement pursuant to which
Contractor will operate the to be built Fayetteville Transfer Station, properly transport and
dispose of solid waste delivered there, and provide interim transfer station and/or landfill
facilities for the residential and commercial solid waste stream of the City of Fayetteville.
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TERMS AND CONDITIONS
Therefore, in consideration of the recitals set forth above and the terms and conditions
set forth below, which constitute good and enforceable consideration, it is agreed:
1. TERM OF AGREEMENT: Performance of this agreement shall begin on September
1, 1995, with respect to City's use of Contractor's transfer station and/or landfill for disposition
of the City's residential and commercial solid wastes. The term of the Contract shall be five
years from the date the City's Transfer Station is properly permitted and operational, which is
presently estimated to be April 1, 1996, but in no event shall the term of this Contract exceed
six years from the date hereof. The City shall have the option to renew this agreement for
three, successive, five-year terms, subject to mutual renegotiation of terms. The City shall
provide Contractor written notice of its intent to renew at least ninety days prior to the expiration
of the current Contract. The Contract will be subject to annual approval of the budget by the
Fayetteville City Council.
2. SCOPE OF SERVICE: Pending the date of permitted, operational status of the City's
Transfer Station, Contractor shall perform all services reasonably necessary to provide disposal
of the residential and commercial waste generated within the City at Contractor's own landfill
or transfer station. Upon the City's Transfer Station being fully and properly permitted and
operational, Contractor shall operate the City's Transfer Station and transport and dispose of the '-
residential and commercial solid waste delivered to the City's Transfer Station during the term
of its Contract. Those goods and services which Contractor shall provide shall include but not
be limited to the following:.
(a) Operating supplies including fuel;
(b) Operating equipment (front-end loader(s) with any necessary compaction
equipment). Front-end loader buckets shall be equipped with attached
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brushes or sweeps to prevent metal-to-concrete floor contact during any
tipping floor loading operations. Truck scales and other permanent
fixtures of the building and grounds will be provided by the City.
(c) Scale house attendant services;
(d) Tipping floor supervision and load spotting services;
(e) Equipment maintenance services for all of Contractor's equipment;
(f) Regular housekeeping and cleaning services for the Transfer Station, the
scale house, and for the portion of the ground occupied by Transfer
Station operations;
(g) Operators for waste handling equipment including loading and compaction
equipment;
(h) Documentation of inbound and outbound tonnages of solid waste;
(i) Regular billing statements to all Transfer Station customers; and
(j) General administrative oversight and supervision.
(k) Preparation of regular, required reports to all applicable government
agencies, as well as a quarterly, summary report to the City.
3. FEES: For its services hereunder, Sunray shall be entitled to the following fees:
(a) For operation of the City Transfer Station, $4.00 per ton of solid waste
delivered to the Transfer Station;
(b) For outgoing transport of solid waste delivered to the City Transfer
Station, $6.85 per ton, based on incoming weight delivered to the Transfer
Station;
(c) For its disposal of waste delivered to the City Transfer Station, $18.00 per
ton;-
(d) For disposal of solid waste delivered to Contractor's landfill or transfer
station, $28.85 per ton; and
(e) For accepting at the City's Transfer Station and disposing of solid waste
generated from sources other than the City of Fayetteville, $40.00 per ton,
of waste delivered to the Transfer Station, which shall be billed by
Contractor to such sources. The City shall receive a franchise fee equal
to 5% of the remainder of such fee after deducting applicable
governmental solid waste fees.
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These fees shall be inclusive of all, present, applicable governmental fees and licenses,
surcharges, taxes, materials, overhead, profit, insurance and equipment. However, the fees shall
be equitably adjusted between the parties, not more frequently than twice a year, based upon
demonstrable and material changes in Contractor's cost of doing business which are beyond
Contractor's control and occur after the date of this Contract including but not limited to
revisions of existing laws, ordinances, taxes, fees or regulations. Contractor shall bill the City
on a monthly basis for its services hereunder, itemizing such bills to show the tonnage and
resulting fee for each component of service processed hereunder. Bills shall be paid within
fourteen (14) days of presentation. Contractor shall account and pay to the City the City's
franchise fee pursuant to (e) above, within fourteen (14) days of contractor's receipt thereof.
Contractor shall keep accurate records which shall be available to the City at all times during
the period of this Contract, and for a term of three years after the termination thereof, to justify
the franchise fee, Contractor's billing and the proper transport and disposition of solid waste.
4. SECURITY FOR PERFORMANCE: Contractor has provided a performance bond
issued by a corporate surety which is satisfactory to the City and authorized to do business in
the State of Arkansas in the amount of two million.dollars ($2,000,000.00) to secure faithful
performance of this Contract. The bond shall remain in full force and effect during the term of
this Contract and all premiums thereon shall be paid by the Contractor. ---
5. OUANTITIES: The City makes no warranties as to the quantities of solid waste
available for transfer and disposal. However, the City, during the term of this contract shall
deliver to Contractor, at either Contractor's own landfill or transfer station, or through the City's
Transfer Station, all of the municipal, residential and commercial solid waste streams generated
within or by the City which it presently collects, except recyclable waste recycled as such.
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6. DISPOSAL SITES: Contractor shall dispose of all waste tendered it in disposal sites
that are properly permitted and operating in accordance with all applicable State and Federal law
and regulation. Contractor shall at all times have a commitment for adequate landfill air space
adequate to meet the projected needs of the waste to be disposed of hereunder during the term
of the Contract. The present commitment satisfying this requirement is with the Cherokee
Nation Landfill, and is evidenced by Exhibit A, attached hereto. Prior to any change by
Contractor of the disposal site, Contractor shall provide documentation to the City that such site
meets specifications hereunder.
7. CONTRACTOR'S EOUIPMENT: Contractor warrants that its transport tractors,
trailers and equipment used in the operation of the Transfer Station and the transport of accepted
solid waste, will be maintained in a mechanically sound, clean and painted manner at all times,
and that Contractor shall have sufficient spare equipment available to insure daily loading,
transport and disposal of all waste received pursuant to this Contract. All equipment shall be
painted uniformly with respect to the Contractor. Transport trailers shall be marked with the
name and telephone number of the Contractor on each side of the vehicle.
8. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY: The
City represents, covenants and warrants:
(a) That the City's Transfer Station, at the time it is tendered to Contractor for --.
operation, shall be properly and fully permitted as a solid waste transfer station by all applicable
governmental authorities, and shall be designed, constructed and operable, within industry
• standards, as a transfer station.
(b) The City Transfer Station shall be erected adjacent to the present City of
Fayetteville shop facilities.
(c) That in its delivery of waste to the City's Transfer Station or to the
hilf0
Contractor's transfer station or landfill for disposal, the City, its customers, agents and
employees shall obey all reasonably adopted rules and regulations that may be posted from time
to time by the Contractor for the proper, efficient and safe operation of the respective facility,
and shall exercise reasonable prudence and care in disposing of waste at the facility.
9. DEFAULT AND TERMINATION: Upon the breach of either party to this Contract
of any of its material terms and conditions, and written notice to the breaching party of said
breach and demand for cure, the breaching party shall fully cure said breach within sixty (60)
days. Failure to so cure shall entitle the party providing said notice to declare a default and
terminate the Contract, which termination must be set forth in writing and delivered to the
defaulting party.
10. GENERAL SPECIFICATIONS: The terms and conditions of this Contract include
each and every general specification set forth hereinafter.
11. EXCUSED PERFORMANCE: Neither party hereto shall be liable for its failure
to perform hereunder due to contingencies beyond its reasonable control including, but not
limited to strikes, riots, fires, acts of God, and acts of Federal and State governments,
governmental agencies or Courts.
12. ADMINISTRATIVE PROVISIONS: The agreement constitutes the entire agreement
between the parties and there are no representations, warranties, promises, covenants,
agreements or contracts except as set forth herein. This agreement may not be amended except
as set forth in writing and signed by authorized representatives for both parties. This agreement
shall be construed under the laws of the State of Arkansas, and shall inure to the benefit of the
parties hereto, their successors, assigns and representatives. This agreement may be assigned
by either party only with the prior written consent of the other party, which consent shall not
be unreasonably withheld. The persons signing on behalf of the respective parties hereto warrant
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that they have full and proper authority to execute this agreement on behalf of the parties so
represented.
In witness whereof, the parties hereto have caused their signatures to be set by their
authorized representatives effective the date per set forth herein above:
SUNRAY SERVICES("Contractor")
By:
Glenn R. Holcomb, President
CITY OF FAYE 1TEVILLE
By:
Fre Hanna, ayor
ATTEST:
1/raex C2t-e).
City Clerk
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GENERAL SPECIFICATIONS
1.00 DEFINITIONS
1.01 Solid Waste Accepted; Solid Waste; Municipal Solid Waste
1.02 City
1.03 Contractor
1.04 Disposal Site
1.05 Hazardous Waste
1.06 Non-Acceptable Waste
1.07 Construction Debris
1.08 Bulky Waste
1.09 Super Bulky Waste
1.10 Transfer Station
1.11 Stable Matter
1.12 Offal Waste
1.13 Yard Waste
1.14 Subcontractor .
1.15 Tipping Fee
2.00 TRANSPORT AND DISPOSAL
3.00 TRANSFER OPERATION
3.01 Hours
3.02 Holidays
3.03 Equipment/Manpower
3.04 Management
3.05 Maintenance
4.00 COMPLIANCE WITH LAWS
5.00 EF.FECTNE DATE
6.00 NONDISCRIMINATION
7.00 INDEMNITY
8.00 LICENSES
9.00 INSURANCE
10.00 OWNERSHIP OF SOLD) WASTE
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1.00 DEFNITIONS
1.01 Solid Waste Accepted:
Solid Waste:
Municipal Solid Waste:
Waste that will be received at the Fayetteville Transfer Station such as all normal and usual
household and institutional waste products with insufficient liquid content to be free-flowing, that
are non-hazardous by Federal, State or Local definition, resulting from domestic, industrial,
commercial, agricultural, governmental and community operations. Acceptable solid waste shall
be a mixture of putrescible, non-putrescible, combustible and non-combustible wastes, such as
organic waste from food preparation or consumption, wrapping and packing material, paper,
paper products, metal, glass and plastic containers and other items which require proper storage
and prompt transportation and disposal to prevent environmental pollution inimical to public
health. Solid waste shall not include hazardous waste, sewage, sludge, material used to fill land
in accordance with construction codes, rocks, mining residue, slag, construction or demolition
debris, yard waste, offal waste, bulky wastes, super bulky wastes or stable matter.
1.02 City:
City of Fayetteville, Arkansas.
1.03 Contractor:
Sunray Services, Inc.
1.04 Disposal Site:
A refuse depository including but not limited to sanitary landfills and approved
incinerators. Any disposal site shall be properly licensed, permitted in accordance with Federal
Sub-Title "D" Standards, and approved by all_ governmental bodies and agencies having
jurisdiction.
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1.05 Hazardous Waste:
Material proffered as waste, in any amount, which is listed or characterized as hazardous
by the United States Environmental Protection Agency or any State agency pursuant to the
Resource Conservation and Recovery Act of 1976 as amended, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 as amended, by any and all
other applicable Federal and State law including, but not limited to, the Arkansas Hazardous
Materials Transportation Act of 1977 as amended. In addition, such terms shall include all
motor oil, gasoline, paint, petroleum products and any other material that is radioactive, toxic,
corrosive, volatile or explosive, and all materials which are not hazardous but are contaminated
by wastes defined as hazardous hereunder.
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1.06 Non-Acceptable Waste:
Waste that will not be accepted at the Fayetteville Transfer Station such as sludge or
other free-flowing liquid waste, construction and demolition debris, hazardous waste, bulky and
super bulky waste, offal waste, dead animals, stable matter or yard waste.
1.07 Construction Debris:
Trash resulting from the construction, remodeling or demolition of a resident or business,
either by the resident or owner, or by contracted professional.
1.08 Bulky Waste:
Appliances, large furniture items and like products.
1.09 Super Bulky Waste:
Solid waste in excess of 1000 lbs., and/or 8 feet in length.
1.10 Transfer Station:
A site at which solid waste is assembled and temporarily deposited after collection and
from which it is transported to a different location for processing and/or disposal.
1.11 Stable Matter:
The body waste of animal and fowl, or waste food products from all barns, stables,
corrals or pens used for stabling, caging or penning animals or fowl.
1.12 Offal Waste:
Waste animal (land or marine) matter from commercial and industrial establishments such
as butcher shops, slaughter houses, food processing and packing plants, rendering plants and
fertilizer plants.
1.13 Yard Waste:
Leaves, grass clippings, hedge trimmings, tree trimmings, tree trunks, shrubbery, brush
or other plant materials.
1.14 Subcontractor:
Person or persons who are performing any part of the scope of work other than the
Contractor.
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2.00 TRANSPORT AND DISPOSAL:
All solid waste transported shall be so contained, tied, covered or enclosed, that leaking,
spilling or blowing of waste is prevented. All solid waste received at the Fayetteville Transfer
Station will be transported to a permitted and approved Disposal Site within twenty-four (24)
hours after receipt of said solid waste; subject to 3.01 "Hours". The Transfer Station operator
shall be responsible for loading transport trailers with solid waste no greater than that required
to reach gross vehicle weight and cubic yardage limitations set by law.
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3.00 TRANSFER OPERATION:
3.01 Hours:
Contractor shall open the Transfer Station for operation Monday through Saturday. The
Transfer Station shall be open to accept waste from 7:00 a.m. to 4:00 p.m. Monday through
Thursday, and 7:00 a.m. to 2:00 p.m. on Friday, and 7:00 a.m. to 12:00 p.m. Saturday, and
the parties agree to negotiate reasonable accommodations with respect to different, required
hours. Exceptions to established hours shall be effected only upon the mutual agreement of the
City and Contractor, or when Contractor reasonably determines that an exception is necessary
in order to complete the loading, transporting and disposing of received solid waste within the
required twenty-four (24) hour time frame. Sundays and holidays observed by the City are
excluded from calculating such twenty-four(24) hour periods for waste delivered the day before.
3.02 Sundays and Holidays:
The only days that the Transfer Station shall be closed are Sundays, and the holidays of
Thanksgiving day and Christmas day.
3.03 Equipment/Manpower:
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The Contractor shall provide an adequate number of vehicles, trailers, loaders and back-
up equipment, maintained in good mechanical condition and working order, all:labor,
supervision and necessary supplies to insure the daily, systematic and orderly performance of
all services specified in the Contract, within the required time frame.
3.04 Management:
Contractor shall provide management at the Transfer Station competent to properly
manage the services provided hereunder. In addition, such management shall be reasonably
available to the City and responsible for prompt, courteous and accurate communications with
the City concerning operation of the Transfer Station. The City may require the Contractor to
replace management of the Transfer Station if it is reasonably demonstrated that such
management lacks the required competence. The operator of the facility shall be properly
licensed under all applicable governmental law and regulation, including Arkansas regulation 27.
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3.05 Maintenance:
Contractor shall reasonably maintain the City's Transfer Station, ordinary wear and tear
excepted. Contractor shall be liable for all damage to the City's Transfer Station incurred by
its negligent or intentional acts or omissions, and for excessive wear and tear resulting from
Contractor's operations.
4.00 COMPLIANCE WITH LAWS:
The Contractor shall conduct operations under this Contract in compliance with all
applicable laws and regulations, including, specifically, those pertaining to standards of
cleanliness.
5.00 EFFECTIVE DATE:
The Contract shall be effective upon its execution by both parties.
6.00 NONDISCRIivIINATI0N:
The Contractor shall not discriminate against any person because of race, sex, age, creed,
color, religion or national origin.
7.00 I NDEIVLNITY:
The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless
the City, its officers, agents, servants and employees from any damages, liabilities or costs
(including reasonable attorney's fees and costs of defense), to the extent such claims and
liabilities are caused by Contractor's negligent or intentional acts or omissions in the
performance of services under the contract. Provided, however, the Contractor shall not be
liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses or
attorney's fees arising out of the award of this agreement for any willful or negligent act or ._
omission of the City, its..officers, agents, servants and employees. The City shall defend,
indemnify and hold Contractor harmless from and against any and all claims for loss or damage
to property, personal injury or death resulting from or arising in any manner from the negligent
or intentional acts or omissions of the City with respect to performance of this Contract.
Nothing contained herein shall waive or negate the tort immunity provided the City under
Arkansas law.
8.00 LICENSES. AND TAXES:
The Contractor shall obtain all licenses and permits, other than licenses and permits
supplied by the City and promptly pay any and all taxes required by the City.
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9.00 INSURANCE:
The Contractor shall at all times during the Contract maintain in full force and effect
Employer's Liability, Workers' Compensation, Public Liability and Property Damage insurance,
including contractual liability coverage for the provisions of Section 7.00 of the General
Specifications. All insurance shall be by insurers and for policy limits acceptable to the City
and before commencement of work hereunder the Contractor agrees to furnish the City
certificates of insurance or other evidence satisfactory to the City to the effect that such
insurance has been procured and is in force. The certificate shall contain the following express
obligation:
This is to certify that the policies of insurance described herein
have been issued to the insured for whom this certificate is
executed and are in force at this time. In the event of cancellation
or material change in a policy affecting the certificate holder,
thirty (30) days prior written notice will be given the certified
holder.
For the purpose of the Contract, the Contractor shall carry the following types of insurance in
at least the limits specified below:
Coverage Limits of Liability
Workers' Compensation Statutory
Employer's Liability $500,000
Bodily Injury Liability $500,000 each occurrence
Except Automobile $1,000,000 aggregate
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Property Damage Liability $500,000 each occurrence -
Except Automobile $1,000,000 aggregate
Automobile Bodily Injury $500,000 each person
Liability $500,000 each occurrence
Automobile Property Damage $500,000 each occurrence
Liability $500,000 each occurrence
Excess Umbrella Liability $5,000,000 each occurrence
Environmental Impairment* $1,000,000 each occurrence
Liability $3,000,000 aggregate
Owner's Protective Liability* $2,000,000
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*These coverages are applicable only to Contractor's operations in, of and from the City
Transfer facility.
To the extent permitted by law, all or any part of any required insurance coverage may be
provided under a plan or plans of self-insurance. The coverage may be provided by the
Contractor's parent corporation, subject to prior approval by the City which shall not be
unreasonably withheld.
The City shall provide such insurance as it deems appropriate for the City's Transfer Station
insuring it against loss from fire, vandalism, hail, flood, earthquake, storm, and such hazards.
10.00 OWNERSHIP OF SOLID WASTE:
Title to solid waste that the Contractor has agreed to transport to an approved Disposal
Site, shall pass to the Contractor when placed in Contractor's transfer trailer. However, title
to and liability for any hazardous waste and non-acceptable waste shall remain with the entity
delivering such waste to the facility for processing, transfer or disposal by Contractor.
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