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HomeMy WebLinkAbout19-76 RESOLUTION• RESOLUTION NO. /9-iCo A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SUNRAY SANITATION, INC. FOR THE DISPOSAL OF THE CITY'S SOLID WASTES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Sunray Sanitation, Inc. for the disposal of the city's solid wastes. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS ATTEST: DAY OF APPROVED: MAYOR C TY CLERK 03D , 1976. • • • • • • • EXRIBITF'A CONTRACT THIS CONTRACT AND AGREEMENT made and entered into on this ,o4 day of "7-1 , 1976, by and between the City of Fayetteville, Arkansas, a municipal corporation of the first class organized and existing under the laws of the State of Arkansas, hereinafter called the Party of the First Part, and Sunray Sanitation, Inc., hereinafter called Party of the Second Part, W I T N E S S E T H: WHEREAS, the Party of the Second Part is a private enter- prise engaged in the operation of a sanitary landfill site in Washington County, Arkansas, and WHEREAS, it is the intent of this contract to formulate and adopt mutual covenants under which the Party of the First Part may dispose of all of its solid wastes at the sanitary landfill site operated by Party of the Second Part. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. (a) Party of the Second Part agrees to furnish Party of the First Part the following described land located in Washington County, Arkansas: Part of the Northeast Quarter (NF./4) of the Northwest Quarter (NW/4), described as: Beginning at a point South 0° 30' West 745.8 feet from the Northwest corner of said Northeast Quarter of the Northwest Quarter, thence South 88° 20' East 464.5 feet; thence North 37° 20' East 220.0 feet; thence South 87° 40' East 308.0 feet; thence East 415.80 feet, more or less, to the East line of said 40 acre tract, thence South to the Southeast corner of said 40 acre tract, thence South to the Southeast corner of said 40 acre tract; thence West 1320 feet, more or less, to the Southwest corner of said 40 acre tract, thence North to the point of beginning, all being in Section Sixteen (16), Township Seventeen (17) North, Range Thirty (30) West. And the North Half (N/2) of the Southeast Quarter (SE/4) of the Northwest Quarter (NW/4) of Section Sixteen (16), Township Seventeen (17) North, Range Thirty (30) West for a sanitary landfill method of disposal of solid wastes of all types and classes except car bodies, dead animals or fowl, • • 1 • • • • or offal and to furnish such personnel and equipment as is necessary to properly conduct a sanitary landfill method of disposal. Party of the Second Part agrees to accept all solid wastes except car bodies, dead animals, or fowl, or offal delivered to the disposal site by the Sanitation Department of the Party of the First Part. All such wastes shall be deposited in a location designated by Party of the Second Part for disposal in accordance with current regulations and directives of the Arkansas Department of Pollution Control and Ecology and other regulatory agencies. Party of the Second Part agrees to accept for disposal all wastes delivered to the site by the persons hereinabove so authorized from 8:00 A. M. to 6:00 P. M. on all weekdays (Monday, Tuesday, Wednesday, Thursday and Friday) and from 8:00 A. M. to 2:00 P. M. on all Saturdays. (b) Party of the Second Part agrees to provide a location at which it will accept solid wastes of all types and classes except car bodies, tree stumps, construction debris and appliances from members of the general public, from the university of Arkansas, and from private contractors licensed by Party of the First Part during the term of this contract. 2. Upon request of Party of the First Part, Party of the Second Part shall exhibit evidence of having obtained all permits and authorizations required by the Arkansas Department of Pollution Control and Ecology or other regulatory agencies for the operation of a sanitary landfill facility on the above-described site. The disposal site must be served by all-weather roads suf- ficient to support transporting equipment without undue hazard continuously throughout the term of this contract. Interior access to dumping locations at the disposal site shall be main- tained by Party of the Second Part so as to permit full use under all weather conditions by Party of the First Part at the times • • • 1. • • set out in Paragraph 1 above. If assistance to trucks of Party of the First Part becomes necessary during adverse weather conditions, said trucks shall be pulled out rather than pushed out, by Party of the Second Part. 3. Party of the Second Part covenants to save harmless and indemnify Party of the First Part from any and all loss, damage, claims, suits, judgments and recoveries which may be asserted, made or may arise or be had, brought or recovered against Party of the First Part by reason of the operation of the sanitary landfill operation, and Party of the Second Part shall immediately appear and defend all such claims at its own cost and expense. 4. No assignment or subletting of all or any portion of the work agreed to by Party of the Second Part under this contract will be permitted without the prior approval of the Board of Directors of Party of the First Part. 5. (a) Party of the Second Part shall provide and maintain in full force and effect during the entire term of this contract, regular contractor's public liability insurance, with Party of the First Part as an additional insured, providing for a limit of not less than One Hundred Thousand Dollars ($100,000.00) for all damages arising out of bodily injury to or death of one person, and subject to the same limit for each person, a total limit of not less than Three Hundred Thousand Dollars ($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 Seventy-five Thousand Dollars ($75,000.00) for all damages 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 One Hundred Thousand Dollars • ($100,000.00) for all damages arising out of injury to or de- struction of property during the policy period. (b) Party of the Second Part shall provide and maintain in full force and effect during the entire term of this contract, Workmen's Compensation insurance as shall protect it from claims for damage for personal injury, including accidental death, which may arise from operations under this contract, whether such operation be by himself or anyone directly or indirectly employed by him as required under Arkansas Workmen's Compensation laws. (c) Party of the Second Part shall file a copy of the aforesaid insurance policies with the City Purchasing Officer prior to initiation of service. 6. Party of the First Part agrees to pay Party of the Second Part Fifty-four Hundred Dollars ($5,400.00) per month for services rendered hereunder; provided, for the month in which the Party of the First Party conducts its annual "spring clean-up", Party of the First Part agrees to pay Party of the Second part Five Hundred Dollars ($500.00) additional compensation. Inability of the Party of the First Part to deliver its solid wastes to Party of the Second Part due to inclement weather shall not relieve Party of the First Part from paying any portion of said compensation. In the event Party of the Second Part is unable to operate its sanitary landfill on a full-time basis because of inability to obtain required petroleum products, Party of the Second Part shall, nevertheless, continue to accept solid wastes from Party of the First Part pursuant to the schedule set out in Section 1 of this contract. Inability of Party of the Second Part to dispose of wastes on a daily basis because of the unavail- ability of petroleum products shall not constitute a breach of any covenant contained herein. The consideration payable Party of the Second Part is based upon average volumes of 332 tons per week from Party of the First Part. If party of the Second Part suspects that the volumes exceed said average, it may request the weighing of all loads 1 • • for a two week period. Should the results of said weighing be in excess of ten percent (10%) above the aforesaid average, the monthly rates payable hereunder shall be adjusted pro rata and Party of the First Part shall pay all costs of weighing; otherwise, there shall be no adjustment in rates and Party of the Second Part shall pay all costs of weighing. Party of the First Part shall make payment to Party of the Second Part on or before the 20th of each month. Billings to the University of Arkansas or private contractors licensed by Party of the First Part shall be the responsibility of Party of the Second Part. 7. Party of the First Part agrees to furnish fire pro- tection service to Party of the Second Part upon request and free of charge for fires originating from loads dumped by Party of the First Part, when in the judgment of the Fire Chief, fire apparatus can safely be sent without unduly impairing fire pro- tection within the city. Party of the First Part agrees to furnish fire protection service to Party of the Second Part upon request and in accordance with the rates in effect at the time service is requested for fires originating from loads dumped by persons other than Party of the First Part, when in the judgment of the Fire Chief, fire apparatus can safely be sent without unduly impairing fire protection within the city. B. The term of this agreement shall be for one (1) year, commencing April 15, 1976. Party of the Second Part hereby grants Party of the First Part an option to renew this contract for an additional term of one (1) year. In the event Party of the First Part exercises said option, the consideration payable to Party of the Second Part shall be the amount resulting by adjusting the consideration during the initial one year term of this contract, i.e. $5,400.00 per month, to reflect the per- centage of change (either up or down) occurring in the Consumer Price Index, U. S. Bureau of Labor Stastics, Department of Labor, through comparing the index of April 14, 1977 with the index of April 14, 1976. Party of the First Part may exercise the option granted hereby by giving written notice to Party of the Second Part prior to the expiration of the initial one year term of this contract. Any breach or violation of the covenants herein contained and encumbent upon Party of the Second Part shall give Party of the First Part the right to cancel this agreement upon thirty (30) days written notice to Party of the Second Part. Any notice or communications hereunder shall be deemed validly served upon deposit in the United States mail, registered and proper postage prepaid, addressed addresses: PARTY OF THE FIRST PART: to the respective parties at the following City Manager Postal Drawer F Fayetteville, AR 72701 9. In the event PARTY OF THE SECOND PART: Carl Carpenter Sunray Sanitation, Inc. Route 6 Springdale, Arkansas 72764 Party of the Second Part is prohibited by the Arkansas Department of Pollution Control and Ecology or any other regulatory agency, or is enjoined by a court of com- petent jurisdiction from operating a sanitary landfill at the location described herein, Party of the Second Part shall not be relieved of its obligations hereunder, but shall be required to accept all solid wastes of Party of the First Part at a site agreed upon by Party of the First Part, and to dispose of said wastes in accordance with current regulations and directives of the Arkansas Department of Pollution Control and Ecology and other regulatory agencies. If a site is agreed upon which is in excess of ten (10) miles from the intersection of College Avenue and Maple Street in the City of Fayetteville, a downward adjustment shall be made in the monthly fee paid by the City of Fayetteville. This adjustment shall be based upon the mileage travelled to the landfill each way in excess of ten (10) miles' and the average • • • • • • -7- cost per mile of operating the fleet of sanitation vehicles. 10. Prior to initiating service under this contract, Party of the Second Part shall post a $50,000.00 performance bond with Party of the First Part as a guarantee of compliance with the terms of this contract. Said bond may be in the form of a corporate surety bond, a property bond, or a cash deposit. The performance bond required hereby shall be approved by the City Attorney and filed with the City Clerk prior to the execution of this contract. No assignment or pledge of the monies due under this con- tract shall be made without the written approval of any surety on the performance bond and the consent of Party of the First Part being first obtained and endorsed thereon. Such assign- ment or pledge shall not release Party of the Second Part or its sureties from any obligations or liabilities arising under or because of this contract. 11. This agreement shall not be vaiied in its terms by any oral agreement or representation. All valid modifications must be by an instrument in writing of a later date than this contract executed by both parties or their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS APPROVED: ATTEST: 1 ', CITY CLERK ATTEST: BY (10,4il'C.( TITLE a�.eegn 4t C. ZSR MA OR SUNRAY SANITATION, INC. BY in," `/1). TITLE it r! - `Ti,„„