HomeMy WebLinkAbout98-77 RESOLUTIONRESOLUTION NO. 98-77
A RESOLUTION AUTHORIZING A REVISION OF THE 1975 COMMUNITY
DEVELOPMENT PROGRAM FOR SEWER PROJECTS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Board of Directors hereby authorizes a revision
of the 1975 Community Development Program for Sewer Projects
in accordance with Exhibit "A" attached hereto and made a
part hereof.
PASSED AND APPROVED THIS /5 DAY OF
1977.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
MiCROFILMED
DATE oc 2 0 an
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RESOLUTION NO. 9g-7'
A RESOLUTION AUTHORIZING A REVISION OF THE 1975 COMMUNITY
DEVELOPMENT PROGRAM FOR SEWER PROJECTS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Board of Directors hereby authorizes a revision
of the 1975 Community Development Program for Sewer Projects
in accordance with Exhibit "A" attached hereto and made a
part hereof.
PASSED AND APPROVED THIS /S DAY OF i
1977.
ATTEST:
CITY CLERK
APPROVED:
e—% g 4-71—cGn 4
MAYOR
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Acct. No.
502-3153
502-3154
502-3155
502-3187
Encl. .#2
11/9/77
75 CD - SEWER TAP ANALYSIS
Activity
Equipment
Labor
Material
Overhead
TOTAL:
Standard
Cost
Actual
Cost
Overcharge
$ 1,200.00 $ 1,729.10 $ 529.10
1,300.00 2,123.60 723.60
11,050.00 16,672.32 5,622.32
350.00 1,025.63 675.63
$13,900.00 $21,550.65 $7,650.65
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CONTRACT
THIS CONTRACT AND AGREEMENT made and entered into on
this 6 day of JQae.g41. , 1978, 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 City, and Sunray Sanitation,
. Inc., hereinafter called Sunray.
WITNESSETH:
WHEREAS, Sunray is a private enterprise 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 City may dispose
of its solid wastes at the sanitary landfill site operated
by Sunray.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:
1. (a) Sunray agrees to furnish City the following
described land located in Washington County, Arkansas:
Part of the Northeast Quarter (NE/4) of the Northwest
Quarter (NW/4), as described as: Beginning at a point
South 09 30' West 745.8 feet from the Northwest corner
of said Northeagt 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
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 of 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; A part of the Southeast Quarter (SE/4),
and the Northeast Quarter (NE/4), of the Northwest
ua y Quarter (NW/4) of Section 23, Township Seventeen (17),.4.„„
. Range Thirty One (31) West and a part of the 'Southwest .
..Quarter (SW/4) of the Northeast Quarter (NE/4) of
.Section 23, Township Seventeen (17) North, Range
-y- Thirty One (31) West.
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. .. .:t...%.t, I. 1•46r ..-.
-fill: Yi5}xe, Y$St,y.
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for a sanitary landfill method of disposal of solid wastes of
all types and classes except car bodies, dead animals or fowl,
or offal and to furnish such personnel and equipment as is
necessary to properly conduct a sanitary landfill method of
disposal. Sunray agrees to accept all solid wastes except
car bodies, dead animals, or fowl, or offal delivered to the
disposal site by the Sanitation Departmenf of the City. All
such wastes shall be deposited in a location designated by
Sunray for disposal in accordance with current regulations and
directives of the Arkansas Department of Pollution Control and
Ecology and other regulatory agencies. Sunray 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) Sunray 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 the City during the term
'of this contract.
2. Upon request of the City, Sunray 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 Sunray so as to permit full use under all weather
conditions by the City at the times set out in Paragraph 1 above.
"
If assistance to trucks of the City becomes necessary during
adverse weather conditions, said trucks shall be pulled out,
rather than pushed out, by Sunray.
4. Sunray covenants to save harmless and idemnify City from
any and all loss, damage, claims, suits, judgments and re-
coveries which may be asserted, made or may arise or be had,
brought or recovered against the City by reason of the operation
of the sanitary landfill operation, and Sunray shall immediately
appear and defend all such claims at its own cost and expense.
5. No assignment or subletting of all or any portion of
the work agreed to by Sunray under this contract will be permitted
without the prior approval of the Board of Directors of the City.
6. (a) Sunray shall provide and maintain in full force
and effect during the entire term of this contract, regular
contractor's public liability insurance, with the City 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 destruction of
:,pioperty during the policy period.
(b) Sunray shall provide and maintain in full force and
;;;J effect during the entire term of this contract, Workmen's
"�` ?t: Compensation insurance as shall protect it from claims for
damage far 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) Sunray shall file a copy of the aforesaid insurance
policies with the City Purchasing Officer' "prior to initiation
of service.
I. (a) The City agrees to pay Sunray Sixty-four Hundred
Dollars ($6,400.00) per month for services rendered hereunder;
provided, for the month in which the City conducts its annual
"spring clean-up", the City agrees to pay Sunray Five Hundred
Dollars ($500.00) additional compensation. Inability of the
City to deliver its solid wastes to Sunray due to inclement
weather shall not relieve the City from paying any portion of
said compensation. In the event Sunray is unable to operate its
sanitary landfill on a full-time basis because of inability
to obtain required petroleum products, Sunray shall, nevertheless,
continue to accept solid wastes from the City pursuant to the
schedule set out in Section 1 of this contract. Inability of
Sunray to dispose of wastes on a daily basis because_of the
unavailability of petroleum products shall not constitute a
breach of any covenant contained herein.
The consideration payable Sunray is based upon average
volumes of 410 tons per week from the City. If Sunray suspects
that the volumes exceed said average, it may request the
weighing of all loads for a two week period. Should the results
'of said weighing be in excess of ten percent (107.) above the
.;.aforesaid average, the monthly rates payable hereunder shall
be adjusted pro rata and the City shall pay all costs of
.. ,, weighing; otherwise,
there shall be no adjustment in rates and
r,= Sunray shall pay all costs of weighing.
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(b) The obligation of the City under subparagraph (a)
above shall be a special obligation of the City payable solely
from Sanitation Service fees collected by the City and shall
not be a general obligation of the City; said obligation does
not constitute an indebtedness of the City within the meaning
of any constitutional or statutory limitation.
8.. The City agrees to furnish fire protection service to
Sunray upon request and free of charge for fires originating
from loads dumped by the City, when in the judgment of the Fire
Chief, fire apparatus can safely be sent without unduly impairing fire
protection within the City. The City agrees to furnish fire pro-
tection to Sunray 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 the City, when in the judgment
of the Fire Chief, fire apparatus can safely be sent without unduly
impairing fire protection within the City.
9: The term of this agreement shall be for two (2) years
commencing April 15, 1978. Sunray hereby grants the City an option
to extend the term of this contract for an additional period of
one (1) year In the event the City exercises said option, the
consideration payable to Sunray shall be the amount resulting by
adjusting the consideration during the initial two year term
of this contract, i.e. $6,400.00 per month, to reflect the per-
centage of change (either up or down) occurring in the Consumer
Price Index, U.S. Bureau of Labor Statistics, Department of Labor,
--`through comparing the index of April 14, 1980 with the index of
April 14, 1979. The City may exercise the option granted hereby
by giving written notice to Sunray prior to the expiration of the
initial two year term of this contract.
"' Any breach or violation of the covenants herein contained
•�.� ^•_and encumbent upon Sunray shall give the City the right to cancel
''this agreement upon thirty (30) days written notice to Sunray.
.1.-1--:,•-••&••••••••
Any notice or communications hereunder shall be deemed validly
served upon deposit in the United States mail, registered and
proper postage prepaid, addressed to the respective parties at
the
following addresses:
City of Fayetteville, Arkansas Sunray Sanitation, Inc.
City Manager
Postal Drawer F
Fayetteville, AR 72701
Carl Carpenter
Sunray Sanitation, Inc.
Route 6
Springdale, AR 72764
10. In the event Sunray is prohibited by the Arkansas
Department of Pollution Control and Ecology or any other regulatory
agency, or is enjoined by a court of competent jurisdiction from
operating a sanitary landfill at the location described herein,
Sunray shall be required to give the City 120 days advance
written notice before discontinuing the acceptance of solid
wastes from the City., Upon expiration of said 120 days this
contract shall be cancelled.
If a site is agreed upon which is in excess of twelve (12)
miles from the interesection 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. This adjustment shall be
based upon the mileage travelled to the landfill each way in
excess of ten (10) miles and the average cost per mile of
operating the fleet of sanitation vehicles.
11. Prior to initiating service under this contract,
Sunray shall post a $50,000.00 performance bond with the City
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
Us the execution of this contract.
No assignment or pledge of the monies due under this contract
shall be made without the written approval of any surety on the
performance bond and the consent of the City being first obtained
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and endorsed thereon. Such assignment or pledge shall not
release Sunray or its sureties from any obligations or liabilities
arising under or because of this contract.
12.. This agreement shall not be varied 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 re-
presentatives.
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:
Vv
CITY CLERK
ATTEST;
BY
TITLE
MAYOR
SUNRAY SANITATION, INC.
BY
TITLE -
PERFORMANCE BOND
Sunray Sanitation, Inc. acknowledges itself bound to
the City of Fayetteville, Arkansas in the sum of Fifty Thousand
Dollars ($50,000.00) conditioned as follows:
Sunray Sanitation, Inc. has been awarded a contract to
dispose of solid wastes from the City of Fayetteville, Arkansas
which contract is attached hereto and made a part hereof. If
Sunray Sanitation, Inc. performs said contract according to its
terms, this obligation shall be void, otherwise it shall remain
in effect.
Sunray Sanitation, Inc. hereby transfers to the City of
Fayetteville, Arkansas for the duration of this bond the following
property as collateral for its performance of the aforesaid
contract according to the terms thereof:
One (1) 1953 D-$. U-2 Caterpillar Dozer,
Serial Number 55484
One (1) 1957 WD -15 Scraper, Serial Number 70C370
One (1) 1963 D-7 Caterpillar Dozer, Serial
Number 47A700
In the event Sunray Sanitation, Inc. defaults on the aforesaid
contract, the City of Fayetteville shall have the right to take
posession of the above described property and sell said property
at public auction. Proceeds from said sale shall be retained by
the City of Fayetteville, Arkansas and credited to the $50,000.00
obligation of Sunray Sanitation, Inc. evidenced hereby. Any
proceeds from said sale in excess of $50,000.00 shall be delivered
to Sunray Sanitation, Inc.
Executed this _ day of , 1977
BY
SUNRAY SANITATION, INC.
BY
TITLE
TITLE
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