HomeMy WebLinkAbout119-79 RESOLUTION•
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RESOLUTION NO. 116P71
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT MODIFYING THE CITY'S LANDFILL CONTRACT
WITH SUNRAY SANITATION, 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 an agreement modifying the City's sanitary
landfill contract with Sunray Sanitation, Inc. A copy of the
agreement authorized for execution hereby is attached hereto,
marked Exhibit A, and made a part hereof.
�V�O PASSEDAND APPROVED on this /p " day of
S/ , 19 %
ATTEST:'
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CI' LERK1 p
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APPROVED:
MICROFILMED
DATE FEB 2 = 1980
REEL��-
MODIFICATION OF CONTRACT
This modification of contract made this /5/2— day of
, 1972, by and between the City of Fayetteville,
Arkansas, hereinafter called the "City", and Carl D. Carpenter,
hereinafter called "Carpenter".
WHEREAS, the parties have entered into a contract dated
June 31, 1978, a copy of which is attached hereto marked
Exhibit "A" and made a part hereof; and,
WHEREAS, the parties desire to modify said contract.
NOW, THEREFORE, the City and Carpenter hereby mutually
agree as follows:
1. The contract dated June 31, 1978 between the City
and Carpenter shall be modified effective January 1, 1980 as
follows:
a. The sum payable to Carpenter by the City per
month under Paragraph 7(a) is modified to be $8,333.33.
b. Paragraph 7 of said contract is modified by
adding subparagraph (c) to read as follows:
(c) Beginning January 1, 1981 the monthly
charge payable to Carpenter by the City under
paragraph 7(a) shall be the amount resulting
by adjusting $8,333.33 to reflect the per-
centage 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 December 31, 1980 with
the Index on December 31, 1979. The considera-
tion payable to Carpenter for the year 1982
shall be the amount resulting by adjusting
the adjusted consideration payable in 1981 to
reflect the percentage of change, (either up
or down) occurring in the aforesaid Consumer
Price Index through comparing the Index of
December 31, 1981 with the Index on December
31, 1980. The consideration payable to
Carpenter for the year 1983, in the event the
City exercises its option under paragraph 9,
as modified by this agreement, shall be the
amount resulting by adjusting the adjusted
consideration payable in 1982 to reflect the
percentage of change (either up or down)
occurring in the aforesaid Consumer Price
Index through comparing the Index on December
31, 1982 with the Index on December 31, 1981.
c. Paragraph 7 of said contract is modified by
adding subparagraph (d) to read as follows:
(d) In the event the cost of petroleum
products and the cost of heavy equipment used
by Carpenter in performing its obligations
under this contract increase in excess of any
annual increase in the Consumer Price Index,
U.S. Bureau of Labor Statistics, Department
of Labor, the City agrees to negotiate with
Carpenter the payment of additional compensation.
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d. Paragraph 9 of said contract is modified to
provide that the term of this contract shall extend
through April 14, 1982. Carpenter hereby grants the
City an option to extend the term of this contract for
an additional period of 1 year. The City may exercise
said option by giving written notice to Carpenter prior
to April 14, 1982.
2. All provisions of the contract attached hereto
marked Exhibit "A" and made a part hereof are incorporated
herein and are hereby modified or supplemented to conform
herewith but in all other respects are to be and shall
continue in full force.
IN WITNESS WHEREOF, the parties have executed this
modification on the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
CARL D. CARPENTER
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BF -Tata o '1 mss...
MAYOR
•ATTEST
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CONTRACT
This contract and agreement made and entered into on this ,_?/.s'/
day of Ju„ 4
, 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
"City"; and Carl D. Carpenter, hereinafter called "Carpenter".
WITNESSETH: -
WHEREAS, Carl D. Carpenter , individually, is 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 Carpenter;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties hereto mutually agree as follows:
1.
a. Carpenter agrees to furnish to City the following
described land located in Washington County,
Arkansas:
Part of the NE* of the NW4, as described
as: Beginning at a point South 0° 30'
West 745.8 feet from the NW corner of said
NE* of the NW*, thence South 88° 20' East
464.5 feet, thence North 37° 20' East 220
feet, thence South 87° 40' East 308 feet,
thence East 415.8 feet, more or less, to
the East line of said 40 -acre tract, thence
South to the SE corner of said 40 -acre
tract, thence West 1,320 feet, more or
less, to the SW corner of said 40 -acre
tract, thence North to the point of
beginning, all being in Section 16, Township
17 North, Range 30 West.
And of the Ni of the SE* of the NW4 of
Section 16, Township 17 North, Range 30
West; a part of the SEg, and the NEI of
the NW* of Section 23, Township 17, Range t�Q
31 West, and a part of the SW* of the NE4 -,t;�' ly
of Section 23, Township 17 North, Range 31()-J�j-
West.
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for a sanitary landfill method of disposal of solid
wastes of all types and classes, except car bodies,
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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. Carpenter 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 City. All such
wastes shall be deposited in a location designated
by Carpenter for disposal in accordance with
current regulations and directives of the Arkansas
Department of Pollution Control and Ecology and
other regulatory agencies. Carpenter 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. Carpenter 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 generalpublic,
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, Carpenter 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.
3. The disposal site must be served by all-weather roads sufficient
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 maintained by Carpenter 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 conditionSYsc&d trucks
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shall be pulled out, rather than pushed out, by Carpenter.
4. Carpenter covenants to save harmless and indemnify City from
any and all losses, damage, claims, suits, ,judgments and recoveries
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 Carpenter under this contract will be permitted without
the prior approval of the Board of Directors of the City.
6.
a. Carpenter 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 $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 $300,000.00
for all damages arising out of bodily injury 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 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 $100,000.00 for all damages arising
out of injury to or destruction of property during
the policy period.
b. Carpenter shall provide and maintain in full force
and effect during the entire term of this contract
worker'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
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by him as required under Arkansas worker's compensation
laws.
c. Carpenter shall file copies of the aforesaid insurance
policies with the City Purchasing Officer prior to
initiation of service.
a. The City agrees to pay Carpenter $6,400.00 per month
for services rendered hereunder, provided that for
the month in which
"spring
clean-up",
$500.00 additional
City to
the City conducts its annual
the City agrees to pay Carpenter
compensation. Inability of the
deliver its solid wastes to Carpenter due
to inclement weather shall not relieve the City of
paying any portion of said compensation. In the
event that Carpenter is unable to operate its
sanitary landfill on a full-time basis because of
inability to obtain required petroleum products,
Carpenter shall, nevertheless, continue to accept
solid wastes from the City pursuant to the schedule
set out in Section 1 of this contract. Inability
of Carpenter 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 to Carpenter is
based upon average volumes of 410 tons per week from
the City. If Carpenter suspects that the volumes
exceed said average, he may request the weighing of
all loads for a two-week period. Should the results
of said weighing be in excess of 10% 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 Carpenter 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
Carpenter 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 protection
to Carpenter 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 2 years commencing
April 15, 1978. Carpenter hereby grants the City an option to extend
the term of this contract for an additional period of 1 year. In the
event that the City exercises said option, the consideration payable
to Carpenter shall be the amount resulting by adjusting the consideration
during the initial 2 -year term of this contract, i.e. $6,400.00 per month,
to reflect the percentage 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 Carpenter prior to the expiration of the initial
2 -year term of this contract.
Any breach or violation of the covenants herein contained and
encumbent upon Carpenter shall give the City the right to cancel this
agreement upon 30 days written notice to Carpenter. 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:
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City of Fayetteville, Arkansas
City Manager
Postal Drawer F
Fayetteville, Arkansas 72701
Carl Carpenter
c/o Sunray Sanitation, Inc.
Route 6
Springdale, Arkansas
72764
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10. In the event that Carpenter is prohibited by the Arkansas
Department of Pollution Control and Ecology or any other regulatory
agency, or in enjoined by a court of competent jurisdiction from
operating a sanitary landfill at the location described herein,
Carpenter 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 12 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. This adjustment shall be based upon the mileage
travelled to the landfill each way in excess of 10 miles, and the
average cost per mile of operating the fleet of sanitation vehicles.
11. Prior to initiating service under this contract, Carpenter
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 to 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
and endorsed thereon. Such assignment or pledge shall not release
Carpenter or his 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
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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.
Aest'
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AfreceAjb
City Clerk
CITY OF FAYETTEVILLE, ARKANSAS
Approved:6c�ne'
Mayor
APPROVED:
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Carl Carpenter
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