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HomeMy WebLinkAbout06-83 RESOLUTIONRESOLUTION NO. -83 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LANDFILL CONTRACT WITH SUNRAY OF SPRINGDALE, INC. • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and the City Clerk are hereby authorized and directed to execute the.. City's sanitary landfill contract with Sunray of Springdale, Inc. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit A, and made a part hereof. PASSED AND APPROVED on this /SEA day of JAiit/c/A-K)/ , 1983. ...\ ... 5 `tUATY. T ATTEST: APPROVED: (j" MAYOR 10S.Gt l(M CITY CLERK • CONTRACT This contract and agreement made and entered into on this /3 day of Z A/Iit4 ,c/ , 1983, 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 Sunray of Springdale, Inc., hereinafter called "Sunray". WITNESSETH: WHEREAS, Sunray 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 Sunray; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto mutually agree as follows: 1. A. Sunray agrees to furnish to City the following described land located in Washington County," Arkansas: Part of the NES 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 NW4, 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 NZ of the SE4 of the NW4 'of Section 16, Township 17 North, Range 30 West; a part of the SE%, and the NE4 of the NTik of Section 23, Township 17, Range 31 West, and a part of the SW4 of the NE% of Section 23, Township 17 North, Range 31 West. 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, hazardous wastes, 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 Sunray for disposal in accordance with current regulations and directives of the Arkansas Department of Pollution Control and Ecology and other regulatory agencies. Except for Thanksgiving Day, Christmas. Day, and New Year's Day, Sunray agrees to accept for disposal all wastes delivered to the site by the persons hereinabove so authorized from 7:00 a.m. to 5:00 p.m. on all weekdays (Monday, Tuesday, Wednesday, Thursday and Friday), and from 7.00 a.m. to 12:00 noon 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, con- struction 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. 3. The disposal site must be served by all-weather roads sufficient to support transporting equipment without undue hazard • 3 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; and City employees shall perform all necessary truck "hook-up" work. 4. Sunray 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; provided, this covenant shall not apply to claims for damages caused by the City,having delivered hazardous or toxic wastes to the landfill. 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 con- tract regular contractor's public -liability insurance, with the City as an additional insured, providing for a limit of not less than $2:50Q,800..00 for all damages arising out of bodily injury to or death of one person and property damage combined, and, subject to the same limit for each person, a total limit of not less than $2,500;Q00:00 -`for all damages arising out of bodily injury to or death of two or more persons in any one accident and property damage combined. b. Sunray 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 fro damage for personal injury, including accidental death, which may arise from operations under this=contract, whether such operation be by itself or anyone directly or indirectly employed by it as required under Arkansasworker's compensation laws. c. Sunray shall file copies of the aforesaid insurance policies with the City Purchasing Officer prior to initiation of service. 7 a. During the first year of this contract, the City agrees to pay Sunray $ 10,950.25 •.per month for services rendered hereunder; provided, for the month in which the City conducts its annual "spring and fall clean-ups", the City agrees to pay Sunray $1,000.00 additional compensation for the spring clean-up and $500.00 additional compensation for the fall clean-up provided, Sunray shall be entitled to additional com- pensation above the amounts prescribed herein should deliveries of solid waste by the City exceed ten days for the spring clean-up or five days for, the fall clean-up; such additional compensation shall be at the rate of $100.00 per day for each day the City delivers solid waste in excess of the number of days prescribed herein. Inability of the City to deliver its solid wastes to Sunray due to inclement weather whall not relieve the City of paying any portion of said compensation. During the • } second year of this contract, the consideration payable to Sunray shall be the by adjusting the consideration initial year, i.e., $10,950.25 reflect the percentage (either amount resulting during the per month, to up or down) occurring in the Consumer Price Index, U.S. 'Bureau of Labor Statistics, Department of Labor, Dallas office, through comparing the index of April 14, 1983 with the index of April 14, 1984. In the event that Sunray is unable to its sanitary landfill on a full-time basis operate 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 contained Sunray is constitute a breach of any covenant herein. (The consideration payable to based upon average volumes of 450 tons per week from the City. If Sunray 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 notadjustment in rates and Sunray shall pay all costs of weighing.) The obligation of the City under Subparagraph a. above shall be a special obligation of the City payable solelyy 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 mcanine of anv nnnctitntinnal nr ctatntnry limitatinn. • - 6 - • c. In the event the cost of petroleum products and the cost of heavy equipment used by Sunray 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, Dallas office, the City agrees to negotiate with Sunray the payment of additional compensation. 8. The City agrees to furnish fire protection service;sto 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 appartus can safely be sent without unduly impairing fire protection within the City. The City fire protection to Sunray upon request and the rates in effect at the time service is agrees to furnish in accordance with requested for'fires originating from loans dumped by persons other than the City when, ihethe 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, 1983. Sunray hereby grants the City an option to extend the term of this contract for an additional period option, amount second change Index, of 1 year. In the event that the City exercises said the consideration payable to Sunray shall be the resulting by adjusting the consideration during the year of this contract to reflect the percentage of (either up or down) occurring in the Consumer Price U.S. Bureau of Labor Statistics, Department of Labor, Dallas office, through comparing the index of April 14, 1984 with the index of April 14, 1985. The City may exercise the option granted hereby by giving written notice to Sunray prior to the expiration of the initial 2 -year term of this Contract. -7- Any breach or violation of the covenants herein contained and encumbent upon Sunray shall give the City the right to cancel this agreement upon 30 days written notice to Sunray. In the event the City determines that a solid waste resource recovery facility will be placed in operation in or near Fayetteville, Arkansas , during the term of this contract, the City shall have the right to terminate this contract by giving Sunray 120 days advance written notice of termination. At such time as said solid waste resource recovery facility begins operation in or near the City of Fayetteville, Sunray shall thereafter deliver all processible wastes , as defined in the City' s disposal contract with the Northwest Arkansas Solid Waste Authority, which Sunray collects within the City of Fayetteville under written contract with the City to said solid waste resource recovery facility. 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 City Manager Postal Drawer F Fayetteville, Arkansas 72701 Sunray of Springdale, Inc . Post Office Box 793 Springdale, Arkansas 72764 10 . In the event that 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 accentance 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. • t 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 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 Sunray orts 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 representatives. IN WITNESS WHEREOF, the parties hereto have executed this ,agreement as of the day. and year first above written. City Clerk CITY OF FAYI TEV1IL/LE, Approved: GLGc, Mayor SUNRAY OF SPRINGDALE, INC. Approved Richard B. Adams, Sr. ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY 8001 National Drive Little Rock, Arkansas 72209 PERMIT FOR THE CONSTRUCTION AND/OR OPERATION OF A SOLID WASTE DISPOSAL FACILITY Permit No. 162SR-1 Date /D TO: Sunray 'Sanitation 105 Old Missouri Road Springdale, Arkansas :72764 This permit is your authority to construct and/or operate the Solid Waste Disposal Facility set forth in your applica- tion dated February 8, 1982 . This permit is issued pursuant to and subject to the provisions of the Arkansas Solid Waste Management Act (Act 237 of 1971; Sec. 82-2701 et seq., Ark. Stats.), hereinafter called the "Act", the Arkansas Solid Waste Disposal Code, hereinafter called the "Code", and all other applicable rules and regulations of the Department of Pollution Control and Ecology, hereinafter called 'Department", and the following terms and conditions: 1. The disposal facility shall be •constructed, maintained, and operated in accordance with the final plans and specifi- cations as approved by the Department and in compliance with all applicable provisions of the Act, the Code, and all other applicable rules and regulations. 2. - This permit shall automatically terminate unless construction of the disposal facility has been commenced within 60 daysgY of the date hereof and completed with all reasonable diligence. The Department shall be notified in writing when the disposal facility has been completed in order that it may be inspected. 3. The disposal facility shall be operated by qualified personnel and maintained in good operating condition at all times. 4. This permit may be revoked or modified whenever, in the opinion of the Department, the facilities are no longer in compliance with the Act, the Code, and applicable rules and regulations. This permit shall not relieve the permittee, its agents or employees, from compliance with allprovisions of the Act and the Code. 5. Nothing herein contained shall be construed as releasing the permittee from any liability for damage to persons or property by reason of the installation, maintenance, or operation of the disposal facility. 6. This permit is issued in reliance upon the statements and representations made in the application and the plans and specifications and the Department has no responsibility for the adequacy or proper functioning of the disposal facility. See attached sheet for additional information. Approved: COMMISSION ON POLLUTION CONTROL & ECOLOGY By DEPARTMENT OF POLLUTION CONTROL & ECOLOGY e0o..e43-7+005-ra&scu. an, ,'.' auYn ! Ch ' an Director CERTIFICATE TE NAME AND ADDRESS OF AGENCY 1P4lkIJ,J.L.7_' ■ to W 111A1;Jf' s■ ■.i -if $ ISSUED Atkins Insurance Corporation 105 West Capitol Avenue Post Office Box 1310 Little lock, Arkansas 72203 NAME AND ADDRESS OF INSURED Sunray of Springdale 105 Old Missouri Road Springdale, Arkansas 72764 INFORMATION R1THE ONLY AND CONFERS NO BY RIGHTS UPON THE eakTIF !CAPE �.W COMPANIES AFFORDING COVERAGES COMPANY A LETTER COMPANY O LETTER v COMPANY LETTER C COMPANY D LETTER The Home Insurances Ca. The Home Indemnity Co. Great Southwest HOLDER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. ' COMPANY LETTER TYPE OF INSURANCE GENERAL LIABILITY yEl COMPREHENSIVE FORM A yl I PREMISESOPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD El PRODUCTS/COMPLETED OPERATIONS HAZARD ® CONTRACTUAL INSURANCE ElESI BROAD FORM PROPERTY DAMAGE 0n n INDEPENDENT CONTRACTORS El PERSONAL INJURY B [[AUTOMOBILE LIABILITY 0�I COMPREHENSIVE FORM 0y�I OWNED pLJ HIRED 0 NON -OWNED EXCESS LIABILITY ® UMBRELLA FORM ❑ OTHERTHAN UMBRELLA '. FORM WORKERS' COMPENSATION and A EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONSAACATIONSNEHICLES POLICY NUMBER BOPP153867 BA2904184 UM8645 PWC1182511 POLICY EXPIRATION DATE 4/1/84 4/1/84 4/1/84 4/1/84 Limits of Liability In Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY PROPERTY DAMAGE S $ BODILY INJURY AND PROPERTY DAMAGE COMBINED s 500, s 500, PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED S $ S s 500 s 500, BODILY INJURY AND PROPERTY DAMAGE $ 2,000 s 2,000 COMBINED STATUTORY,_ f $ 100 (ECU ACCICENT', Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville Fayetteville, AR 72701 DATE ISSUED. /1V83//�q(/ aC AUTHORIZED REPRESENTATIVE FJRST LTIONAL ,VAUGHN NEIL SR. VICE PRESIDENT January 10, 1983 OF SPRINGDALE SPRINGDALE, ARKANSAS 42764 • • Sunray of Springdale, Inc. P.O. Box 793 Springdale, Arkansas 72764 Gentlemen: Our bank has approved the issuance of a Letter of Credit for $50,000.00 in favor of the City of Fayetteville, Arkansas at such time as it is requested which I understand is April. 15, 1983. The Letter of Credit will be irrevocable for a period of one year from date of issuance. Although we cannot issue a Letter of Credit for the three year period as requested and knowing the history of your company forthe past 16 years, I foresee no problems whatsoever in securing the issuance of two additional Letter of Credits for one year periods. Sincerely, Vaughn/Neil Senior/ Vice President VN:ch cxorci®CCOraeniiii NAME AND ADDRESS OF AGENCY Atkins Insurance Corporation P.O. Box 1310 Little Rock, AR 72201 NAME AND ADDRESS OF INSURED Sunray of Springdale 105 Old Missouri Road Springdale, AR 72764 COMPANIES AFFORDING COVERAGES COMPANY LETTER COMPANY LETTER A B COMPANY ■ - LETTER V COMPANY D LETTER Marne Insurance Company COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, tens or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LEITER TYPE OF INSURANCE GENERAL LIABILITY. LJCOMPREHENSIVE FORM a PREMISES -OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD 0 UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® CONTRACTUAL INSURANCE. ® BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS ® PERSONAL INJURY AUTOMOBILE LIABILITY. A ® COMPREHENSIVE FORM ® OWNED ® HIRED ® NON -OWNED POLICY NUMBER BOP P152622 BA 2897278 'EXCESS LIABILITY O UMBRELLA FORM - ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and PWC 1 -18 24 53 EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES, POLICY EXPIRATION DATE 4-1-83 4-1-83 4-1-83 Limits of Liability in Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY f PROPERTY DAMAGE S BODILY INJURY AND PROPERTY DAMAGE COMBINED S S s 500 s 500 PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY 'C(EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY f s 500 $ s 100 $ 500 (EKHACCIOENT Cancellation:. Should any of the above descrimd policies be cancelled before the expiration date thereof, the issuing com- , pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville Fayetteville, AR 72701 DATE ISSUED: 1-6-83 ref • gel 44 AUTHORIZED REPRESENTATIVE III AS A MATTER OF INFORMATION ONLY AND CONFERS NO NAME ANO ADDRESS OF AGENCY Arkansas All Risks, Inc. P.O. Box 1310 Little Rock, AR 72203 NAME AND ADDRESS OF INSURED Sunray of Springdale 105 Old Missouri Road Springdale, AR 72764 COMPANIES AFFORDING COVERAGES COMPANY .A LETTER Great Southwest Fire A".,, COMPANY O LEITER COMPANY C LETTER COMPANY D LEITER i MI Insurance Co. COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER A "TY PE OF INSURANCE GENERAL LIABILITY O COMPREHENSIVE FORM ❑ PREMISES -OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD 0 UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY AUTOMOBILE LIABILITY O COMPREHENSIVE FORM O OWNED ❑ HIRED O NON -OWNED EXCESS LIABILITY In UMBRELLA FORM ' O OTHER THAN UMBRELLA FORM • WORKERS' COMPENSATION and • EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES POLICY NUMBER UM 6918. POLICY EXPIRATION DATE 4-1-83 Limits of Liability in Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY $ PROPERTY DAMAGE f BODILY INJURY AND PROPERTY DAMAGE COMBINED S f PERSONAL INJURY BODILY INJURY (EACH PERSON) _�. BODILYINJURY "'s(EACH ACCIDENT) PROPERTY DAMAGE S BODILY INJURY AND PROPERTY DAMAGE COMBINED $ f BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY S $ 2,000 s 2,000 &CH ACCIDENT, Cancellation: Should any of the above describgd policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail , days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville Fayetteville, AR 72701 DATE ISSUED. 1-6-83 114. 4,144 -" r/ AAUTHORIZED REPRESENTATIVE AKKANSAS DEPAK I MEN I OF PULLU I ION LON I ROL AND EGOLU37 8001 National Drive Little Rock, Arkansas 72209 PERMIT FOR THE CONSTRUCTION AND/OR OPERATION OF A SOLID WASTE DISPOSAL FACILITY Permit No. 162SR-1 Date /Q —742— TO: 4Z TO: Sunray"Sanitation 105 Old Missouri Road Springdale, Arkansas 72764 This permit is your authority to construct and/or operate the Solid Waste Disposal Facility set forth in your applica- tion dated February 8, 1982 .- This permit is issued pursuant to and subject to the provisions of the Arkansas Solid Waste Management Act (Act 237 of 1971; Sec. 82-2701 et seq., Ark. Stats.), hereinafter called the "Act", the Arkansas Solid Waste Disposal Code, hereinafter called the "Code", and all other applicable rules and regulations of the Department of Pollution Control and Ecology, hereinafter called "Department", and the following terms and conditions: 1. The disposal facility shall be constructed, maintained, and operated in accordance with the final plans and specifi- cations as approved by the Department and in compliance with all applicable provisions of the Act, the Code, and all other applicable rules and regulations. 2. This permit shall automatically terminate unless construction of the disposal facility has been commenced within 60 days of the date hereof and completed with all reasonable diligence. The Department shall be notified in writing when the disposal facility has been completed in order that it may be inspected. 3. The disposal facility shall be operated by qualified personnel and maintained in good operating condition at all times. 4. This permit may be revoked or modified whenever, in the opinion of the Department, the facilities are no longer in compliance with the Act, the Code, and applicable rules and regulations. This permit shall not relieve the permittee, its agents or employees, from compliance with all provisions of the Act and the Code. 5. Nothing herein contained shall be construed as releasing the permittee from any liability for damage to persons or property by reason of the installation, maintenance, or operation of the disposal facility. 6. This permit is issued in reliance upon the statements and representations made in the application and the plans and specifications and the Departmenthas no responsibility for the adequacy or proper functioning of the disposal facility. See attached sheet for additional information. Approved: COMMISSION ON POLLUTION CONTROL & ECOLOGY By DEPARTMENT OF POLLUTION CONTROL & ECOLOGY 60:1-4 i—rroea-rrr&sco. ap Ch ' an tC Director FIRST NiIOML VAUGHN' NEIL SR. VICE PRESIDENT January 10, 1983 OF SPRINGDAUE SPRINGDALE, ARKANSAS 72764 Sunray of Springdale, Inc: P.O. Box 793 Springdale, Arkansas 72764 Gentlemen: Our bank has approved the issuance of a Letter of Credit for $50,000.00 in favor of the City of Fayetteville, Arkansas at such time as it is requested which I understand is April 15, 1983. The Letter of Credit will be irrevocable for a period of one year from date of issuance. Although we cannot issue a Letter of Credit for the three year period as requested and knowing the history of your company for the past 16 years, I foresee no problems whatsoever in securing the issuance of two additional Letter of Credits for one year periods. Sincerely, //2 Vaughn/Neil Senior Vice President VN:ch CERTIFICATE NAME AND ADDRESS OF AGENCY IS ISSUED Y --__ J V- a a waZIAZi AS A1MATTER-TOF DTEXTEND Atkins Insurance Corporation P.O. Box 1310 Little Rock, AR 72201 NAME AND ADDRESS OF INSURED Sunray of Springdale 105 Old Missouri Road Springdale, AR 72764 INFORMATION OR ONLY AND CONFERS NO BY RIGHTS UPON Pr COMPANIES AFFORDING COVERAGES •- COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E • LETTER • 11:144 Home Insurance Company This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER • TYPE OF INSURANCE GENERAL LIABILITY A © COMPREHENSIVE FORM PREMISES—OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD • PRODUCTS/COMPLETED � OPERATIONS HAZARD I R CONTRACTUAL INSURANCE ® BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS ® PERSONAL INJURY AUTOMOBILE LIABILITY A ® COMPREHENSIVE FORM © OWNED ® HIRED • NON -OWNED EXCESS LIABILITY ❑ UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION A and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES' • POLICY NUMBER POLICY EXPIRATION DATE BOP P 15 26 22 4-1-83 BA 2897278 4-1-83 PWC 1 18 24 53 4-1-83 Limits of Liability in Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY b f PROPERTY DAMAGE S E BODILY INJURY AND PROPERTY DAMAGE COMBINED $ 500 s. 500 PERSONAL INJURY $ 500 BODILY INJURY (EACH PERSON) . BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE S BODILY INJURY AND PROPERTY DAMAGE COMBINED E $ BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY $ $ 500 I $ 100 (ECH LCQOENT Cancellation: Should any of the above descrip6d policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OFCERTIFICATE HOLDER: City of Fayetteville Fayetteville, AR 72701 DATE ISSUED: 1-6-83 AUTHORIZED REPRESENTATIVE CERTIFICATE J¢ ISSUEDIAS A. ATTER .F INFORMATION rr NOT AMEND;EXTEND ORfALTER NAME AND ADD [SS OF AGENCY Arkansas All Risks, Inc. P.O. Box 1310 Little Rock, AR 72203 NAME AND ADDRESS OF INSURED Sunray of Springdale 105 Old Missouri Road Springdale, AR 72764 ONLY AND CONFERS NO BY RIGHTS UPON THE CERTIFICA E W COMPANIES AFFORDING COVERAGES HOLDER. COMPANY A Great Southwest Fire Insurance Co. LETTER COMPANY O LETTER v COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER A TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY ❑ COMPREHENSIVE FORM ❑ PREMISES—OPERATIONS O EXPLOSION AND COLLAPSE HAZARD 0 UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE 0 INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY • AUTOMOBILE LIABILITY ' ❑ COMPREHENSIVE FORM O OWNED ❑ HIRED O NON -OWNED EXCESS LIABILITY U UMBRELLA FORM O OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES UM 6918 POLICY EXPIRATION DATE 4-1-83 Limits of Liability in Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY S S PROPERTY DAMAGE S BODILY INJURY AND PROPERTY DAMAGE COMBINED S S PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY S S S b $ 2,000- S 2,000 (EACH ACCIDENT) Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 days written notice, to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville Fayetteville, AR 72701 DATE ISSUED: 1-6-83 (antiel. AUTHORIZED REPRESENTATIVE. ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY F._ 8001 National Drive Little Rock, Arkansas 72209 PERMIT FOR THE CONSTRUCTION AND/OR OPERATION OF A SOLID WASTE DISPOSAL FACILITY Permit No. 123SR-1 Date !e'14~gL TO: Sunray Sanitary Landfill #3 Location: S 23, T -17N, R -31W 105 Old Missouri Road Engineer: Gail Mai nard Springdale, Arkansas 72764 et v�1j�� Q��$$as This permit is your authority to construct and/or operate the Solid Waste Disposal Fact s t gor o tion dated February 8, 1982 . This permit is issued pursuant to and subject to the provisions of the Arkansas Solid Waste Management Act (Act 237 of 1971; Sec. 82-2701 et seq., Ark. Stats.), hereinafter called the "Act',- the Arkansas Solid Waste Disposal Code, hereinafter called the "Code", and all other applicable rules and regulations of the Department of Pollution Control and Ecology, hereinafter called "Department", and the following terms and conditions: 1. The disposal facility shall be constructed, maintained, and operated in accordance with the final plans and specifi- cations as approved by the Department and in compliance with all applicable provisions of the Act, the Code, and all other applicable rules and regulations. 2. This permit shall automatically terminate unless construction of the disposal facility has been commenced within 60 days X of the date hereof and completed with all reasonable diligence. The Department shall be notified in writing when the disposal facility has been completed in order that it may be inspected. • 3. The disposal facility shall be operated by qualified personnel and maintained in good operating condition at all times. 4. This permit may be revoked or modified whenever, in the opinion of the Department, the facilities are no longer in compliance with the Act, the Code, and applicable rules and regulations. This permit shall not relieve the permittee, its agents or employees, from compliance with all provisions of the Act and the Code. 5. Nothing herein contained shall be construed as releasing the permittee from any liability for damage to persons or property by reason of the installation, maintenance, or operation of the disposal facility. 6. This permit is issued in reliance upon the statements and representations made in the application and the plans and specifications and the Department has no responsibility for the adequacy or proper functioning of the disposal facility. See attached sheet for additional information. Approved: COMMISSION ON POLLUTION CONTROL & ECOLOGY By DEPARTMENT OF POLLUTION CONTROL & ECOLOGY 500.-s.73-710e6.-Pra scu. By 'Director ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY,. 7. 8001 National Drive ` Little Rock, Arkansas 72209 PERMIT FOR THE CONSTRUCTION AND/OR OPERATION OF A SOLID WASTE DISPOSAL FACILITY Permit No. 123SR-1 • Date /D—/—&2 - TO: Sunray Sanitary Landfill #3 Location: S-23, T -17N, R -31W 105 Old Missouri. Road Engineer: Gail Mainard Springdale, Arkansas 72764 F ett ville Ar s gp� This permit is your authority to construct and/or operate the Solid Waste Disposal Facilityset ? &o PPll tion dated February 8, 1982 , This permit is issued pursuant to and subject to the provisions of the Arkansas Solid Waste Management Act (Act 237 of 1971; Sec. 82-2701 et seq., Ark. Stats.), hereinafter called the "Act", the Arkansas Solid Waste Disposal Code, hereinafter called the "Code", and all other applicable rules and regulations of the Department of Pollution Control and Ecology, hereinafter called "Department", and the following terms and conditions: 1. The disposal facility shall be constructed, maintained, and operated in accordance with the final plans and specifi- cations as approved by the Department and in compliance with all applicable provisions of the Act, the Code, and all other applicable rules and regulations. 2. This permit shall automatically terminate unless construction of the disposal facility has been commenced within 60 days; of the date hereof and completed with all, reasonable diligence. The Department shall be notified in writing when the disposal facility has been completed in order that it may be inspected. 3. The disposal facility shall be operated by qualified personnel and maintained in good operating condition at all times. 4. This permit may be revoked or modified whenever, in the opinion of the Department, the facilities are no longer in compliance with the Act, the Code, and applicable rules and regulations. This permit shall not relieve the permittee, its agents or employees, from compliance with all provisions of the Act and the Code. 5. Nothing herein contained shall be construed as releasing the permittee from any liability for damage to persons or property by reason of the installation, maintenance, or operation of the disposal facility. 6. This permit is issued in reliance upon the statements and representations made in the application and the plans and specifications and the Department has no responsibility for theadequacy or proper functioning of the, disposal facility. See attached sheet for additional information. Approved: • COMMISSION ON POLLUTION CONTROL & ECOLOGY By DEPARTMENT OF POLLUTION CONTROL & ECOLOGY 5e1.-e-,3—TT095--areSco. •s. Any breach or violation of the covenants herein contained and encumbent.upon Sunray shall give the City the right to cancel this agreement upon 30'days written notice to Sunray. In the event the City determines that a solid waste resource recovery facility will be placed in operation in or near Fayetteville, Arkansas, during the term of this contract, the City shal l•have the right to terminate this contract by giving Sunray 120 days advance written notice of termination. At such time as said solid waste resource recovery facility begins operation in or near the City of Fayetteville, Sunray shall thereafter deliver all processible wastes, as defined in the City's disposal contract with the Northwest Arkansas Solid Waste Authority, which Sunray collects within the City of Fayetteville under written contract with the City to said solid waste resource recovery facility. 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 City Manager Postal Drawer F Fayetteville, Arkansas 72701 • Sunray of Springdale, Inc. Post Office Box 793 Springdale, Arkansas 72764 10. In the event that 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 12 miles from .the intersection of College Avenue and Maple Street in the City