HomeMy WebLinkAbout121-95 RESOLUTION11
RESOLU'T'ION NO. 121-95
A RESOLUTION AWARDING BID NO. 95 28, IN THE
AMOUNT OF $28.85 PER TON OF WASTE, TO SUNRAY
SERVICES, INC. I TRANSPORT AND DISPOSE OF
MUNICIPAL SOLID WASTE AND TO OPERATE THE CITY'S
TRANSFER STATION; AND APPROVAL. OF A BUDGET
ADJUSTMENT IN THE AMOUNT OF $24,752.
I I I
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE. ARKANSAS:
Section 1. The Council hereby awards Bid No. 95-28, in the amount of $28.85 per
ton of waste, to Sunray Services, Inc. to transport and dispose of municipal solid waste, and to
operate the city's transfer station and authorizes the Mayor and City Clerk to execute same. A
copy of the contract and bid tabulation is attached hereto marked Exhibit "A" and made a part
hereof.
Section 2. The Council hereby approves a budget adjustment in the amount of $24,752
increasing Solid Waste Disposal, Acct. No. 5500 5010 5316 00 by decreasing Workers
Compensation, Acct. 5500 5000 5111 00. A copy of the budget adjustment is attached hereto
and made a pari hereof.
PASSED AND APPROVED this l9th day of September , 1995.
APPROVED:
By: fllyLu
Fred Hanna, Mayor
ATTEST':
By:
Traci Paul, City Clerk
City of FayettwMe. Arkansas
Budget Adjustment Form
Budget Year Department Public Works Date Requested
Dmi Ston: Solid Waste
1995 July 27,1995
Program:
troject or Item Requested: Project or Item Deleted:
(Increase Solid Waste Disposal budget
for the Commercial Program,
of this Increase:
New contract with Sunray Services for
waste disposal requires this budget
increase for the remainder of 1995
Account Name
Adjustment 8
Workers Compensation
Justification of this Decrease:
Increase
Budgeted funds are in excess
of funds required
Amount Account Number ProiectNumber
$24,:78& — 5500— 5010 531-6 00— -
Decrease
Account . , „ .
�- eU1L.pe,matjun_ 124075L groo 5000 %114 00
Approval Signatures
.l; z
?-11-q5
BudgetOffice Use -Only
Type: A B C D �E F
Date of Approval
Posted to General 'I edger
Entered in CategoryLog
t
Budget Office Copy
j�
ozo
f
}\`
f
\\
£�
mp
00
[;a
L4
a
mm
\q
-
#\}
`k|
R
k)
-
,
e
)
:[
r(
I
«:4
!
#§
�k
;;=
2
%
j�
]2
0
�� %'� \(
ozo
f
}\`
f
\\
£�
mp
jam)
[;a
L4
a
]2
0
�� %'� \(
*\
£�
mp
jam)
[;a
L4
a
]2
0
�� %'� \(
*\
£�
mp
jam)
n
AGREEMENT TO TRANSPORT AND DISPOSE
OF MUNICIPAL SOLID WASTE
AND FOR OPERATION OF TRANSFER STATION
r/j
This agreement is made and entered thisa�5 &Y of �' 19951 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.
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
15 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
I
2 r
f��
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
0) 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.
3 ��
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. QUANTITIES: 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.
El
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 EQUIPMENT: 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
5
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
6
f
1
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 FAYETTEVILLE
By: X 2algI2zv/
Fred Hanna, Mayor
ATTEST:
ffa. , Q/
City Clerk
GENERAL SPECIFICATIONS
1.00 DEFINTITONS
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 EFFECTIVE DATE
6.00 NONDISCRL'VIINATION
7.00 INDKNLNITY
E:ROM 11 C4101_kNM1W
9.00 INSLMANCE
10.00 OWNERSHIP OF SOLID WASTE
9
1,00 DEFINITIONS
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.
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.
9 ,
J
1.06 tion -Acceptable Waste:
Waste that will not be accepted at the Fayetteville
Transfer Station such as
sludge or
other free-flowing liquid
waste, constriction 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.
10
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.
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:
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.
11 ^
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 NONDISCRIMINATION:
The Contractor shall not discriminate against any person because of race, sex, age, creed,
color, religion or national origin.
7.00 INDEMNITY:
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.
12
4^
Ilr�l
9.00 MLRANCE:
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
Workers' Compensation
Employer's Liability
Bodily Injury Liability
Except Automobile
Property Damage Liability
Except Automobile
Automobile Bodily Injury
Liability
Automobile Property Damage
Liability
Excess Umbrella Liability
Environmental Impairment*
Liability
Owner's Protective Liability`
13
Limits of Liability
Statutory
$500,000
$500,000 each occurrence
$1,000,000 aggregate
$500,000 each occurrence
$1,000,000 aggregate
$500,000 each person
$500,000 each occurrence
$500,000 each occurrence
$500,000 each occurrence
$5,000,000 each occurrence
$1,000,000 each occurrence
$3,000,000 aggregate
$2,000,000
*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.
14 �`
PwepleEll
Sedgwick 4ames-of AR, Inc.
4038 Remington Places Suite 4
Fayetteville, AR 72703
A COMPANY
•A
M!'��R�•'2^'-4:.'1>'I�w"�y'LY:Aw, .urKh ��F3' Y/o3/Y5n ,
ARCATE IS ISSUED All A MATTER OF INFORMATION
D CONFERS NO RIOI- IS UPON THE CERTIFICATE
THIS CERTIFICATE DCI M NOT AMEND EXTEND OR
E COVERAGE AFFORD_D BY THE POLICIES BELOW.
COMPANIES AFFM )ING COVERAGE
,National Uniln Fire .Insurance
EISRIED
Sunray Services, Inc. 11 COMPANY Crum & Forst Ir — USIG
Tecas Sunray SsrvilCesf Inc.
",ANY
P. O..-aac-1310 - .. °°C.
Springdale' AR 72763.1310
- - COMPANY .
RATE Tmew..
TH181S TO CERTIFY THAT THE POucft orws /RANGE urm BELOW IJAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PEA= -
INDICATED, NOTWRHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEI. T WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY-PEFTrAIN,_THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREII, IS SUBJECT TO ALL THE TERMS.
ETICLWSIONS AND CONODTONS OF SUCH POLICIES, UMTIS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '
CA
TRK OF Fa11PROM- -, POLICY MIIIlFJI POUCY EMECTNE oftw li"amm - - ,I s
DAw ElnrTvl NOTICE TO INE CI pTPCATE
MOIC91 NANEO TO TME U3T.
YAEAIFY .S f� AWREWTE _E� —
pMMERCMLO UAEIT' . ti ✓.- ::{�. __ Jy=s MwOP A00 s
O��
CLAMS MADE OOQUR r OEREd��Lt ADV I1WRY E
WIT FAAURE TO IIAA RICH
QOOt)
)NEM&CCINTPROr ... -. u-. .,� -. _-. i^s.:- EACH 0':UPRENC6 E
NO OECIOATHM OR UNNIM
' `R -RE WIAOEIM"w f
.. • . MED E% (A, " ww t Fs
UASILfTM
'cua 09NOCELAIIf I, I 1000000
-0F ANY EBF IAON
ANY AUTO
I
OR RPPIOlLNFATIYE6
ALL OWNED AJTOS EODILY •fJRY f
SCHEDULEDAVTO6. IPw pm nl
• MIRFD AJT04
Pno f
NDPI-0+'NED wTOs �
PPOPEIDANAGF Is
ANY AUTO
UANl1TY
JMBRELLAFORM
DIMER THAN UMBRELLA FORM
WORIMM CO MPFJOATm AMD
EMROYERSuAEIUTY
THE PROPMETOW *ICL
PAMNER32IlfAfflVE
OFCICERSAPE EXCL
onlEn
1
Code 05= 102003
. AU CI LY.EAACCIDEMT i
OTYEA HANAJTOOALr `
EACNACCDENT f
_ AGGREGATE E
EACNC ZURRENCE • E
AGOR6'RTE
� TUTOMY JMITS
EACH/� CIDEm 5
0800
OISEA71-POUC"Lwr ' s
`a..I EACHEMPlOYE61 E
G i ty of Fayettevi 1 is
DP THE ABOVE
poa POMOES
I E CaHC% _:D OFFUM TRE
RATE Tmew..
THE Mw earARr
■na tT+OFAYOR To MAa
Attn: Cheryl Zotti
DAw ElnrTvl NOTICE TO INE CI pTPCATE
MOIC91 NANEO TO TME U3T.
113 1i, Mountain
WIT FAAURE TO IIAA RICH
11011M 6%, J, W=
NO OECIOATHM OR UNNIM
'- Fay a t.tavi l laP AR 7Z7o1
-0F ANY EBF IAON
cmWMIi RD AOENR'
OR RPPIOlLNFATIYE6
SUNRAY SERVICES. INC,
Addendum to Certificate
Sunray Services, Inc., carries a Combined Single Limit of Liability of S 1,0n0,000 on its
Business Automobile policy The Combined Single Limit provides a total if S1,000,00o
for the following:
1. Bodily Injury per Person
2. Bodily Injury per Accident
I. Property Damage
Due to the current specification requirements of $500,000 Bodily Injury p: r Person and
per Accident, The most available for Bodily Injury, regardless of the numt :r of people
involved, would be S500,000. The limit currently carried by Sunray Servil es, Inc.,
satisfies the specifications called for by the City of Fayetteville.
Jahn West, CPA, CIC
ales Executive
Sedgwick James of Arkansas, Inc.
CHEROKEE NATION SANITARY LANDFILL
STANDARD AGREEMENT
FOR
Disposal of Municipal Solid Waste
This agreement made and entered into or the lst day of Septernber 1995, by
and BETWEEN the Cherokee Nation Sanitary Landfill and Sunray Services,
Tnc. NAME
P.O. Box 1310 Springdale, AR 72755-2310 (501) 752-7024
ADDRESS FHCNE N17vITER
Hereinafter referred to as the "User."
The Cherokee Nation and User agree to the following terms and conditions:
I. LANDFILL OPERATIONS
The Cherokee Nation Sanitary Landfill ("Landfill') accepts only Municipal
Solid Waste, from 7:00 a.m. until 4:00 p.n. Monday through Friday, and on
Saturdays fror.: 7:CC a.m. until 12:00 noon; provided, however, the Sanitary
Landfill will be closed on all Federal and/or designated Tribal holidays.
The User agrees that all deliveries shall enter the scale -house for weighing
and inspections and that, after weighing and inspection, all delivery
vehicles shall then pro:eed to the proper dumping location_. Dumping of waste
will be conducted according to the instructions giver_ by Landfill personnel.
Unauthorized dumping of waste is prohibited.
The Cherokee Nation Sanitary Landfill will :Hake every effort to operate the
Landfill in accordance with Subtitle D Regulations.
II. ACCEPTABLE WASTE DESCRIPTION; RULES AND REGULATIONS
The User shad deliver only municipal solid waste as defined by Federal
Regulation. Subtitle D (40 C.F.R. parts 257 and 258).
S
III. UNACCEPTABLE WASTE DESCRIPTION;RULES AND REGULATIONS
The User shall not deliver any waste naterial'cr substance that is considered
unacceptable waste by Cherokee Nation and/or the United States Environmental
Protection. Agency. This includes, but is not limited to, liquid wastes,
regulated hazardous waste as defined in 40 CFR part 261, Polycalcrinated
Bipherol 'DCB; wastes as defined in 40 CFR 761, and any other waste deemed
unacceptable by Cherokee Nation. Whether any such waste material cr
substance not listed in 40 CFR PAR':S 261 OR 761 shall a;.sc be unacceptable
for disposal in Cherokee Nation_ Sanitary Landfill shall be determined at the
sole discretion of Cherckee Nation., provided however, that waste that
properly meets the description of "acceptable waste" pursuant to Section. II
hereof shall not be unreasonably characterized by the Cherckee Nation as
"unacceptable waste".
By executing this Agreement, User acknowledges and agrees to abide by the
provisions of the Cherokee Nation Environmental Protection. Act, as the same
may be amended from. time to time; the rules and regulations of the Cherokee
Nation. Environmental Protection_ Commission as amended from time to time; and
all other Federal and Tribal Laws and Regulations applicable to Indian
Country.
IV, WASTE DESCRIPTION
Within 1C
(ten,'days
after
the execution of
this
Agreement, and
before
depositing
any waste
in. the
Landfill, the User
will
provide Cherokee
Naticn
with a written description of the waste to be delivered to the Landfill; an
estimate of the expected quantity to be delivered during each delivery; and
a description_ of the sources where the waste originated.
V. VOLUME
The User agrees to deliver M.un.icipal Solid Waste on. a monthly basis to the
Landfill for disposal in a: amount not to exceed an average cf 200 tors
per day. Increasing the foregoing average tonnage per month shall require the
written consent of Cherokee Nation..
VI. USER RESPONSIBILITIES
The User shall be solely responsible
User's facility cr the waste origin
waste from User's vehicle. The ::ser
for the safe transport of waste from
site until the complete unloading of
shall also be solely responsible for
a
User's vehicle and equipment, and User's employee -operators of same, at all
times when such vehicle and equipment are on the premises of the Landfill.
Cherokee Nation shall not be liable for damage to said vehicle or equipment
or injury to any such operator, and ;.'ser agrees to save, indemnify, and hold
Cherokee Nation and Landfill persornel harmless against any claims, lawsuits,
or causes of action for damage tc User's equipment, anal/or injury to any of
User's employees cr operators of User's equipment, and against any expenses,
costs, attorneys' fees or charges cf any kind which may be incurred by
Cherokee Nation in connection with any such claim, lawsuit, and /or cause of
action., provided, however, Sunray shall not be liable for property damage cr
personal injury caused by acts or omissions constituting gross negligence,
:Halite or intentional misconduct on behalf cf the Cherokee Nation., its agents
and employees.
The User hereby assumes full responsibility and liability for the removal,
transport, remediation corrective action., environmental sampling and
analysis, and clear_ up of any unacceptable waste (as described in paragraph
.II, above) :pat the User delivers to the Landfill. :'he ;;ser farther agrees
to save, indemnify, and 'hold Cherokee Nation harmless from, and agrees to
pay, any and al costs, expenses, fees (including attorneys; fees;, civil or
criminal fines, charges, and/or penalties of any kind arising from User's
delivery or disposal of such unacceptable waste in the Landfill, including
without limitation costs and expenses associated with the removal, transport,
clean up, or other disposition of s-ach waste and/or associated with any
remediat'_en, corrective action, sampling, testing, and/or analysis required
by any Federal or'r'.ba;. Laws or Regulations, by the Rules and Regulations of
Cherokee Nation. Environmental Protection Ccmmission, or by the rule, order,
or decision of the Cherokee Naticn. District Court cr Envircnmental Protection.
Commission, cr by the order or judgment of any agency or other court of
competent jurisdiction. In the event that any unacceptable waste is
discovered in the User's delivery or for any Jser related emergency, the User
will be notified and shall be fully responsible for taking immediate
corrective action.. In the event Cherokee Nation elects to remove, transport,
clean up, remediate, or take corrective action of any kind on behalf of the
User in correction with any unacceptable waste delivered to or deposited in
the landfill by User or User's vehicle, whether the Nation does so
voluntarily or ir_ response to any order, ruling, or decision of any court or
agency of competent jurisdiction.
.ser agrees to reimburse Cherokee Nation all costs, expenses, fees, and
charges of any kind incurred by Cherckee Nation in the course thereof.
Cherokee Nation may require ser to reduce User's average volume by giving
User 90 (ninety)days; written notice cf same, except that in the case of an
emergency or circumstances outside to control of Cherokee Nation, only
ti
reasonable notice reed by given depending on the circumstances.
VII. PAYMENT PROCEDURES
The User agrees to pay Cherokee Nation for each ton of waste delivered to the
Landfill at thv rates set forth on SC-hedule A attached hereto, may be changed
from time to time by Cherokee Nation by giving User 60 (sixty) days' written
notice before the effective date of the rate chance, however, the fees shall
be equitably adjusted between the paries based upon demonstrable and
material charges in Contractor's cost of doing business and occur after the
date of this Contract including but not limited to revisions cf existing
laws, ordinances, taxes, fees or regulation. To determine the payment for
each delivery of waste, the delivery vehicle shall be inspected and weighed
prior to entry into the landfill, then directed to the proper dumping
location where the waste will be properly deposited, and then weighed again
prior to exiting the Landfill. The difference in tonnage will be denoted on
a delivery ticket and the driver cf the delivery vehicle shall sign the
ticket, thereby Confirming the delivery and'amoun_t of waste delivered. User
agrees to the following payment; terms: Full payment on delivery of waste;
or, upon approval of User's account by Cherokee Nation, User shall be billet
on a monthly basis with full payment due within 30 ;thirty)days after the
date indicated on the invoice. Balances remaining unpaid after 30 (thirty)
day of the invoice date shall bear interest at the rate of 1 1/20 ;one and
cne hal_`) per cert per month.
VIII. VIOLATION OF AGREEMENT
Cherokee Nation may cancel this agreement without notice in the event that
User violates the terms of this Agreement, including without limitation the
delivery of unacceptable waste, and may prohibit User from making further
waste deliveries without the approval and written consent of the Cherokee
Nation. Violations of this Agreercent shall warrant immediate not'_fication of
violations to the proper regulatory authorities as well as any other remedy
available to Cherokee Nation under the law.
IX. DURATION OF AGREEMENT
This agreement between the Cherokee Nation Sanitary Landfill and the User
will be considered valid with terms to be open. - controlled by Attachment to
this agreement (Attachment A).
X. GENERAL TERMS
I
This Agreement sets forth the complete expression of the parties with respect
to the subject :natter hereof`, and shall supersede all previous written cr
oral statements, representations, and recotiations of the parties. Except as
expressly provided herein, this Agreement may not be modified except by way
of written agreement signed by both parties. Nothing herein is intended, and
shall not be construed, to be a waiver on the part of Cherokee Nation of its
sovereign immunity, in whcle cr in part.
CHEROKEE NA•:'ION:
Sl ti�a e_
Manager, Landfilf Operations
NE
Director Bus Hess Enterprises
USER:
S'n//U PJ S� /C4,5 1NG -
User's name (type or print)
User's authorized representative
(signature)
f 4• fox /3/O
User's mailing address
5291- 75"i - /2W </
User's telephcne no.
Schedu'e A
User Rates �
Cherokee Nation Landfill
It is hereby agreed that the rate charged for disposal of municipal solid
waste during the term of the Agreement will be fifteen dollars and fifty
cents ($15.50; per ton with the provision, that the rate may be changed by the
Cherokee Naticn giving User 60 ;sixty) days, written notice before the
effective date cf the rate charge, adhering tc the provisions for a rate
change as specified in section_ VIII cf the Contract with a maximum of 20C ton
per day. It will be billed monthly to Sunray Services Inc., P.O. Box 131C,
Springdale, AR 72765-I3I0, and payable to Cherokee Nation Landfill, P.O. Box
948, Tahlequah, Cklahoma, 74465.
t is agreed that solid waste materials of municipal solid waste shall be
included in the volume received. Reference attachment for waste descri_nticn.
It is further aureed that the solid waste directly related herein which
refers to municipal solid waste, is for a period of 5 ;five) years, beginning
September 01, 1995 and provides protectior.of price and disposal rights at
the Cherokee Nation Landfill, subject to Sunray, compliance with contract
stipulat'_cr.s and ma4ntain ng a current status payment history. This contract
can be terminated by either party by giving 90 (ninety; days written notice
(by certified mail; prior to the anniversary date of the agreement.
CITE
By=
Manager, Landf_il Operations
\/ i6L1 6�yi �S! u i4A=T
Manager Busires Enterprises
::SER:
SL-NRAY�SERVICES, INC.
31enn R. Hcicomb, President
SUNRAY SERVICHS, INC.
P.O. Box 1310
Springdale, AR 72765-1310
Ph.(501) 751-7024
` (AMIFICATE'°0E-
NSURCE s �.; Yr>x'a is Fsair ::naT'e (Ia iYYr `;
EMAR GROUP,INC.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
354 EISENHOWER PARKWAY
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LIVINGSTON, NJ 07039
COMPANIES AFFORDINGCOVERAGE
COMPANY
2Unn 4-3131
_ A COMMERCE & INDUSTRY INS.CO.
COM=ANv
SUNRAY SERVICES, INC.
B NATIONAL UNION
TEXAS SUNRAY SERVICES, INC.
COMPANY
P.O. BOX 1310
C INSURANCE CO. STATE OF PA,
SPRINGDALE, AR., 72765-1310
COMPANY
D
COVERAGES ... ..,:. ,: .. -
. -
.. .:.. .: .. r:. ,. .,
'HIS S'OCERTIFY THAT THEPOLICIESO=INSURANCELISTEDBELOWHA V=BEENISSUEDTO THEINSURED NAMEC ABOVEFORi HE POLICY PERIOD
'NDICA"ED.
NOT WIT HST A NDING ANYREQUIREMENT. TERM ORCC NOIT IONOF ANYCONT RACT OROTHE R DOCUMENT WIT HRESPEC' TO W HICHT HIS
CERTIFICATE MAV BE ISSUED Oa MAY PERT AM,'HE NSURANCE AFFORDED BY-HE POLICIES DESCRIBED HERDNIS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICES LMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CAMS
CC
LTR
TYPEOF NSURANCE POLICY N{IMBER
POLpY ETT'ECTNE
POLMY EXPIRATION
DATE IMMIDDIYY)
DATBIMWDDIVV)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE t 2000000
MMRIACNRA,,IBI•V
GL3406071
101/97 PRDD$ONCADOA f 1000000
CLAIMS MADE ocap
PERSONAL & ADV I4JI.Rv t
1000000
OWNERS& CONTRACTOR'S PROT
EACH CCCU7REN;E 1 1000000
B XI POLLUTION LEGAL
SEE ATTACHED
1/01/96 1/01/97 FIRE DAMAGE (AryOxllre) f 50000
MED EXP (Arg 00
AUTO MOBILE LIWILRY
A X ANY A.TO
CA5051066
COM31NFD SINCLE L Mli 1
1/01/96 1/01/97 1000000
)( ALL OWNED AUTOS
BODILv IN,JRV
SC ECLLED A.:TOS
CA5051065 — TEXAS
ONL (Per Pe eG,) i
X HIRED AUTOS
BODILY INJURY
X NONDWIED AUTOS
T°er awdeM t
PROPEPTY DAMAGE t
—
GARAGE LIAEdrtY
AJTG G4LY EA ACCIDENT
f
AYv AUTO
O'I-ER THAN twTO ONLY
:::..... ......
I
EACH ACCIDENT
i
A6GRECIATE
CXCESSLIABdRY
EACH OCCL.R'ENLE f 10000000
A
X UMBIrz LA FORM
UL6061135
1/01/96 1/01/97
AOORE3ATE t 10000000
_
OTIEP THAN .,IBPEL_A FORM
=
WORKERS COMPENSATION MID
STATUTORY LIMITS .. .. .. ..
lMPLOYERS'LIABILITY
.. .. ... "..
... .... .. .. .. ..
C THE PROPRIETOR/
.
-
1/01/95
1/01/97 EACH ACCIDENT t 1000000
Nl1
B PARINERS/EXECUIIYT:
WC4063B50 - OK. ONLY
DISEASE POLICY uun t
1000000
OFFICERS ARE E%CL
OISEASE EACHELPLOVEE f 1000000
OTHER
A ALL RISK PROPERTY
F6058158
7/01/95
7/01/96 LIMIT: 25,000,000
INCL. VEHICLES &
EQUIPMENT
DESCRPT OF OPERATIONVILOCATONSkRICLE ZiPECIAL REM
EIA/AIGRM CONTRACT *320028; LOC CODE #522; 102008
CERTIFICATE HOLDER ..
CANCELLATION ..
SHOMO ANY Of THE ABOYE DESORIBED POLICIES Be CANCELLED BEFORE THE
EYPRATION DAT! THEREOF, Pit DIMING COMPANY WILL ENDEAVOR TO MAL
CITY OF FAYETTEVILLE, ARKANSAS
30 DAYS WRITTEN NOTICE TCWEDWTIOATE HOLDER NAL® TO THE LEIFT,
113 W. MOUNTAIN AVE.
BUT FAILURE TO MAIL SUCH NOTICE sH ALL IMPOSE NO OBLIGATION OR LIABILITY
FAYETTEVI LLE, ARK., 72701
OF WY KM -N THE COMPANY, ITS AGENTS OR REPRESENTATNEB.
ATTN: CHERYL 20TT1
AUMONZED �l 219888000
Acaan tis rst9s�PKz
[5:7(GaRD:4 N:f3
w .'
T
Erat, W. SGL1`. : �, i'"I i : .f•
L:CATICYS C04FED LMDER POLLUT13M POLICY 1369/338
EN i I?'f
;STREET ;CITY :STATE
SUNRAY SERYPCa, LYC.�-+---'~-------
105 OLD MISSOURI RD, :SPRINGDALE :AR
;CKEEC,OBEE LAYCFILL :10800 M.E, 13TH AVE, :OKEECHOBEE A
SMYFNA LAkLFILL 13155 OAKDALE RD ;SMYRNA ;GA
;CHAMBEPS ATLANTA LANDFILL, PNC, ;2238 BOLTCN ROAD, NW :ATLANTA 106A
COUNTRYSIDE LA4DFILL ;01713 N. RT, 83 ;fiRAYSLAKE IL
:LCAOI 6POWN LANpF:LL ;13998 E. 1400TH STREET ;MACOM9 ;IL
;CRVS14L LAKE C;SPOSAL :9310 ROUTE 116
'USA 1457E SERy?:ES 3F ?ijNOIS ;CRYSTAL LAKE .IL
:13740 SOUTH KOSTNER ;CRESTWOOD ;IL
i :FART MOWERS I5;• :Po O, BOE 966 1WART
:9EPTY !AvpF L •uCo :?N
MOL''f?A; NYIEN lAN6Flll 6633 a ST S?ATE d9, ;6 ;MONTICELLO ;IN
;RTE. 46, Irl MILE SOUTH:FROSTBUR6 MO
l :ELLIS•SCOTT, LAWILL :P.O, 001 I341 61 N.Y, B;CLINTON ;MO
CLEAR4:5 Ekiri'..:0EN74 LAVDFPLL, :NC, :2233 1UDLINE RD$ :LAKE
::AYOTA LAYDFIL; :P,3. B31 I18 NS
"•. ;6WINNEA •yp
' MTo CL:VE1 . AIS CCUMTY 'RAMSFER STAiI:B7 F ANDERS NETC36 RD,;FLANDERS (Mi. OL;NJ
!ORRIS COLMTY 'AANSFER 51TPLN, IMC. ;1;00 EDWARDS AND SHARKE;PARSIPPAKY ;MJ
'ATLANTIC CITv TFANSFEA STATION ;R,O, 39 Sol 180, TAEMON;PLEASANTVILLE 'MJ
:HLMIER)ON C1UN'1' TRANSFER STA7;ON ;Pool 001 576 ;ANNANDALE.NJ
,PINECREST SANITARY LANDFILL 11741 N, PORTLAND ;NEWCASTLE ;OK
!MOM TRANSFER Si4TION ;2433 M. MOORE AVE, WORE
NORNAY TF.ANSFEP STATION ;OK
;WILLIAM N, IAAT:q, TMC. ,AADEN) :3901 S. CHATAUDUCE ;NORMAN ;OK
430 ARDEN MINES aBo ;WASHINGTON ;PA
SOU'4E;N ALLE6HEMIES LAMDFiLL _ ;VAUEY YIa[ DRIVE :HOLSGPPLE ;PA
D4UFu19 MEACCYS, :NC, :P,O, 601 68, RT, 104 ;MjUBSBCR6 .PA
SOLNPIN ALLEEhEVIES DISPCSAL SERVICES, ;Pool 901 310 :ALTOCNA :PA
;'CYECEY?;;E t:MOF!LL ;600 THOMAS MEET AONROEYILLE ;PA
:HA`FERS LADE; II!SHLANDS L:NDFPLL,:MC. R,D,I 601 ID, WAGNER RO;YITONDALE PA
SA .ASiE :F F:; ;EEc h;la, :NCorCLEAA ;USI FAIALESS WJRKS 14IRLESS HILLS ;FA
c+ILACE;P91A, :NC. :IDI S, 61ST ;FHILADELPH?A 'A
�'0 "`c L"5 '•;- :Po O. Bul 143, ::S3 N;6H:C•CRCHES'ER 'Sc
:rA"FEES ;:wL;S::CCNTY L:Y:FILL, X. ':047 P160AY CHL'ACN FCo,ELSIN SC
E, v lw-.J; •;,;;SFER S:A.,UN :ROUTE 2, BJI 96, nWYo 3;YINNSBORO :SC
L EPA2CS1; ;C;Y'Y CE:TCL;R6 CENTER :18310 FN 323 ;IClutelAN6;ETCK;il
E.L:S ::,"TTY ;:Y:F%,. :RT, 31 901 283 'ENNIS ;T2
ArE iA C:'NTv :AN:ci(.1c
20221 .AP;,WDCD R]. :AMELIA ;Pq
AJRTu -::Cl TRANSFER S74Si:4 905 S:h:JL S'REEi :RICHMCND ;YA
vEY:•.:- YEWS cE'•';;N6
C;_ oon ST. ;YEYF3RT YEWS ,YA
. A SCEC S?Ai::Y '3D6 Y.:PK!v5 C.. 'R;:�XCND 'YA
E:.::Y ::;Y'Y .;NDF!L;
.900C C^;"PEPS Fp. .:HP9:ES CiiY ;q
EAPNEY in:TE.S+E'.ER':NlF:R' 'YA
.'�� �•;Gi- i:Y,':';'y C�9 ;•LCCA Yui :FItE 9JRL:5S?LN Y4
:3 •..:ES, ;5:,.5:ATw �JtN'AiM LAS:F!;A', ,3 A.ENSVILLE XrGE5'yiL;E WY
E.'y.,c: SCUT" %RK RCAD, F,O. B:ChARLESTCN YY
July 22, 1996
Ms. Cheryl Zotti
Solid Waste Administration
City of Fayetteville
113 W. Mountain Ave.
Fayetteville, AR 72701
Dear Cheryl:
Enclosed you will find the performance bond (B2603714) wh:ch relates to the operation
of the Fayetteville Transfer Station contract If you have any questions, piease don't
hesitate to give me a call.
Thank you,
Dale Stevener
® 104 N. Old Missouri Road. P 0 Box 131C, Springdale, AR 72765-1310 15011 751-7024 15011 75'-7924 Fax
RELIANCE INSURANCE COMPANY UNITED PACIFIr: !_NS.URANCE COMPANY' PLANETINSURANCEDOMPANY
Philadelphia, Pennsylvania Philadelphia, Pennsylvania Federal Way, Washington
Bond No, B2603714
Know all men by these presents, That SUNRAY SERVICES, INC. ,105 OLD MISSOURI ROAD, SPRINGDALE,
ARKANSAS, 7276 (hereinafter called the Principal), and RE1,IANCE INSURANCE COMPANY , a corporation duly
organized under the laws of the State of Pennsylvania, as Surety, and EMPLOYERS REINSURANCE CORPORATION
a corporation duly organized under the laws of the State of Kansas, as Surety, are held and firmly bound unto THE
CITY OF FAYETTEVILLE, ARKANSAS (hereinafter called the Obligee), in the full and just sum of Two MILLION
8$2,000.000) DOLLARS to the payment of which sum, well and truly to lie made, the said Principal.and Sureties bind
themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
Whereas, the above -bonded Principal has entered into a certain written contract with the above-mentioned
Obligee dated September 25, 1995 for transporting and disposing of municipal solid waste and for operation of transfer
station for a period of five (5) years which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein; and
Whereas, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period
of only one year.
Now, therefore, the condition of the above obligation is such, that if the above -bounden Principal shall well
and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and
specified to by the said Principal kept, done and performed, at the time and in the manner in said contract specified
during the term of this bond, and shall pay over, make good and reimburse to the above-named Obligee, all loss and
damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation
shall be void, otherwise to be and remain in full force and effect.
Provided, however, that this bond is subject to the following conditions and provisions:
1. This bond is for the tem? beginning September 1 ,1996 and ending September 1 ,199 i .
2. In the event of default by the Principal in performance of the contract during the term of this bond, the
Surety shall be liable only for the loss to the Obligee due to actual excess costs of performance of the
contract up to the termination of the term of this bond.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against
the Surety on this instrument unless same be brought or instituted and process served upon the Surety
within six months after the completion of the contract.
4. Neither non -renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond
shall constitute loss to the Obligee recoverable under this bond.
5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate
executed by the Surety.
Signed and sealed this24th day of June , 1996.
by:
RELIANCE INSURANCE COMPANY
1'is Kalackki
ipy-1 n -Fac L
Sti4I,'Ifit -- --
by:
er
SS stat Secretary
EMPLOYERS REINSURANCE CORPORATION
v -
Thomas F. Hopkins
Attorney -In -Fact
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNFFED PACIFIC INSURANCE C0114PANY RELIANCE NATIONAL LNTEMNITY C0:11PANY
AOMAISTRATiVE CFFICE. PH LADELPHIA PENNSYLVANIA
POINTR OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURE—Y COMPANY is a corporation. duly organized under the laws of the Slate of Del-
aware, and that RELIANCE INSURANCE COMPANv and UNITED PACIFIC INSJRANCE COMPANY. are corporat ons dulv organized under the rows
of the Commonwealth of Pennsvlven a and that RE.IANCE NAT.ONAL INDEMN TY CCMPANY Is a corpora:ion d..ly organized under the laws of
the State and of Wisconsin Iherefr collect vely ca led ':he Comparles't and ;hat the Companies by virtue of signature and seals do he•eby make,
lis
to make1eexecute, seat ppoint end d iveuillanie James lot and on that -b half and ylas Kea act and deeddany and allbondsra the,i true and 11'u' and undertalLings Cl suretyship atnd to bind
the Companies thereby as fully and to the same extent as It such ponds and undertaK•ngs and oche- writings obligatory In •ne rature thereof were
sigred by an Executive Officer of the Companies and sealed and attested by one One- cl such officers, and herebv rat lies and confirms all that
:heir said Atlorneyfsl In -Fact may do In pLisuance hereof
This Power of Attorney Is granted undo- and by the autFori:y of Anicre VI of the By -Laws o' REJANCE SURE'Y CCMPANY,
RELIANCE INSURANCE COMPANY, UN -TED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMN TY COMPANY which
provisions are now in full force and effect reading as follows:
All C•E VI -EXEC ill ON OF aONDS AND UNOER'AKINGS
I �M bawd aI Dnenen IN P•410(i IN LMumm a- Ims Sara ry Sewn Vrte Pmaoaenl, any b ce Prealoen
Dm bunfr• V tt Preader t o Other a ce aea,pnated by the Board ofDirector*a1rY here power yip aVllrar,;r to .al aoDOlnr Apar nev.n..n Fac, prd to aJlneuee'1,en •o emecute or Came of Ix Lcmpenv bonds am undenPrnga •eCq, Ianm Lem sole al IlMmnryly
e'E
*IN. wr paps obirgetary of P,e v,✓e'N'0 '. and to to rema,e err Tech At•a,nevial rn matt n ary 1 me arc revoke the Pawe' " aAtor•ty given Is Iran
x. Allornevlal IM1FaCI email hove power ens a ndo Iv, WDeat la I , leans antl IrmICOOM Of the Power of A;IarMy ,gala 10 [MT 10 eyeCYla allwe• On pellet OI IN Company p,lrtle
�rcaptltleaoeoea Olb,loa is of p,eennov Paola a' rnpenniv a a, the• wre hatyjs Clare gal rera rr •m! all na llereo' l W mood, ala seal •a not re<oYYy to- the VarrO•q r any bonds and under" and Olin' wr 1••rgs OD � ton -'mo Malin! thereof
3 A[[orrevbl-n Pec- She have pewe' am a✓hp, If •e eaecNe 0 -fir aw'a -CC ✓•e0 Io oe dald( d I bards r :ophren CS COnm&C Is of •demn,ty o• armor ;pma liovl O obligatory
Once"Curxls and INY small si ee Move Power and e,a N,p.y a ee•1 ry IM I,nanCle' ll'same+t OI the LaTpanY are ,o coot" Of IN 6Ylews of the COm,,nv or any r•CY O' Mrl Or [morcel
Tryf Power Or AllwNv •a signed and waled by ' I Ile ✓be, wid by aNhw Iv of IM lel,ew M my lurmn tlOpied by IN Eve<YI•ve ud 0.•,anea ComTlgNe Or [re 60ntlf el Unaelon OI RplIY1N
insurance Lomosrv, un,le0 arena Muuae Canoe and Raranrr Naoanal Ildenney Lgmpanv by t.narv„ous COMB nt domed n el rranCO y ]6 tP I o+ rd of tuuve arc Pynt,al
Lomm Ileo of the Board OI D ieclors of Re once b.delvrLowcary by L+anrnoug Lomoent awed as o' Malcr 3' ISae
'aefolved Yui the srgnal✓w of lith dvecto,a and a'bw•a and IN Coal O' the Comp, tray ba am nad to any aural Powe, a' Atuon&V Or any eenlllcalef ralaPnp 'fa la by
bNTlk,ard any such Power of Attorney ar owtil.Ca[a bearing aJ[h Imici a ygna;✓am or locrnae saw small be vA O and blrq,reg War the CampY,v sand any a,:m Power so
eg"fird ON Cerplma by fsFi a ngM'U'" and ryCIDm •a wn shall pa va•If and b,Mrnal leen IM Comoara in IN I nawc will rasped to any bond w ✓ ce•W,ng to "bi n to
alteC .'
IN WITNESS WPIEREOF, the Compares have caused these presents to be signed and their corporate seals to be heretr, a'flxec, th s June 11,
1996.
Ill.
SG1L %1 gau fear`
y Cara L ♦ _t Cf •I C dS ,/LSUII
STATE CF Pennsvrvan a
CCUNTv OF Pnoadelphie as.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RF.L�E NATION !NDFjih fF1• CE)MPANY
On to s, June 11, 1996, hefore me Tammy Sue Kayati persona ly appeared David T Akers. who acknowledged hlmse f to pe the Senior Vice
President of the Re lance Surety Company, and Ine VIo= P-esdenl n' Reliance Irsdrarre Comparv, United Pacific I-s,.ranoe Comvary.
Reliance Nalloral Indemnity' Company and that as su:'h being authorized tI dc,so executed the 'oregcing Instmme^t for the purµU^e thereon
contained by signing :ne name of the corporation by himself as Its duly authorized officer.
In witness whereof. I hereunto set my hand and off tial seal.
a� SI.F �
9
iso*APoAL SEAL Q • a �IJ'/
TAMMY SUE KAYATI. Notary PubliC a = —.(.l: l t ;. 'i L �_ 1 IC..t� t—L_
City of Philadelphia. Philo County 76r % +aeN Nclary Public In and 'for :he State of Pe11Psy vania
My : ommiss on Exp -res .:uiv 2^ +R?8 q,;n, -P
Resld ng at Ph lade.phie
I Anita 2tppert Secretary cf RE,:ANCE SURETY CCMPANY, RELIANCE INSURANCE COMPANv, JNITED PACIFIC INSJRAN'CE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify trot the stove and foregoing Is a true arc codec; CCPV Of the Power of Attorrey
executed by said Companies, wrich is Brit In full fame and effect.
IN WITNESS WHEREOF I have he•eurm set my hard and aff sed ule seals of said Companies thiQ th y of ne is 96
►Y
Secretary
UC TP N r
s1�
SU.L r.' r•er 191 ;Va nae rlp
l?, �f, Oil
Y a,•;dge,asryF