HomeMy WebLinkAbout161-06 RESOLUTION•
RESOLUTION NO. 161-06
A RESOLUTION APPROVING CONTRACT AMENDMENT #1
TO THE CONTRACT WITH THE CHEROKEE NATION TO
PROVIDE THE COMBINED SERVICES OF RECEIVING,
HANDLING, HAULING AND DISPOSING OF MUNICIPAL
RESIDENTIAL AND COMMERCIAL WASTE AT THE CITY OF
FAYETTEVILLE'S TRANSFER STATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves Amendment #1 to the contract with the Cherokee Nation
providg the combined services of receiving, handling, hauling and disposing of
municipal residential and commercial waste at the City of Fayetteville's Transfer
Station A copy of Amendment #1, marked Exhibit "A" is attached hereto and
made a part hereof.
....................-...•',
PASSED and APPROVED this 19th day of September, 2006. ••••-a G� °t •.-per
=U: •'):3-
; FAYETTEVILLE:
,1;FAYETfEVILLE:
APPROVED: 1.66"
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hALL
By:
ATTEST:
By: G4✓
DAN COODY, Mayor W SONDRA SMITH, City Clerk
•
•
EXHIBIT "A"
AMENDMENT #1
TO THE AGREEMENT TO TRANSPORT AND DISPOSE
OF MUNICIPAL SOLID WASTE
AND FOR OPERATION OF TRANSFER STATION
BE IT KNOWN TO ALL:
That the City of Fayetteville, Arkansas and The Cherokee Nation, on this day of
September, 2006, hereby agree that the Agreement of April 4, 2006, shall be amended by
striking Paragraph 4 and inserting the following in its stead:
4. Cherokee Nation 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, but shall be authorized, at the election of Cherokee Nation, to replace the
performance bond with a letter of credit from an accredited state or national bank in the
sum of Five Hundred Thousand Dollars ($500,000.00), or execute an Assignment of all
of the Assets of Feather Hauling Services, LLC, to include both equipment and
personnel, to the City of Fayetteville, together with a deposit of $100,000.00. The
security, in whatever form, shall remain in full force and effect during the term of this
Contract and all costs of same shall be the responsibility of Cherokee Nation.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their
authorized representative effective the date set for herein above.
CITY OF FAYETTEVILLE
DAN COODY, Mayor
ATTEST:
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Manager/Scale House Operator
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1 Truck Driver 2
Truck Driver 3
Sanitation Technician
TOTALS:
Equipment and Truck Information
Feather Hauling Services, LLC
Description of
Equipment/Trucks
Value
Monthly Payments
Three (3) Mack Semi tractors
with wet kits @ $58,000.00 ea
$174,000.00
$4,972.92
Six (6) Walking Floor Trailers
with Tarps @ $48,500 00 ea
$291,000.00
$4,577.04
Komatsu WA 200 Loader
$99,359.00
$2,497.00
Komatsu WB 140 Loader
Backhoe
$72,240.00
$1,958.00
TOTALS:
$636,599.00
$14,004.96
•
Gary Dumas
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
9/19/2006
City Council Meeting Date
Division
Action Required:
//9
a robe **ion
Operations itaintAidnivil M. I
Department
Resolution to Approve. Cherokee Nation Contract to Provide for the Operation of the Transfer Station, Hauling
Services, and Disposal of Solid Waste — Amendment No. 1
None
Cost of this request
Account Number
Project Number
Budgeted Item
xx•
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
Department Director
9/12/2006
Date
TD)e c/
City Attorney Dat
Finance and Internal Service Director
Date
Previous Ordinance or Resolution # 64-06
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
4/4/2006
Received in Mayor's Office
Comments:
aye evi le
ARKANSAS
OPERATIONS DIRECTOR
To: City Council
From: Gary Dumas
Date: September 12, 2006
RE: Cherokee Nation Contract to Provide for the Operation of the Transfer Station,
Hauling Services, and Disposal of Solid Waste — Amendment No. 1
Recommendation
Approve Resolution Amending the contract with Cherokee Nation to allow a 3'h Surety
Option for contract performance; Transfer of All Assets (equipment and personnel) of the
Hauling and Operating Company in the event of contractor failure.
Background
On April 4, 2006 the City entered into a contract with the Cherokee Nation to operate the
transfer station, provide hauling services and disposal of solid waste for the City of
Fayetteville. The contract is scheduled to go into effect of September 25, 2006 (rather
than the September 26 date within the contract, though agreement with Waste
Management of Arkansas). This contract will save the City approximately $295,724
annually over the current vendor's contract. The annual value of the contract to the
Cherokee Nation is $1,184,348. The saving the City will incur as a result of this contract
will offset some of the inflationary expenses within the Solid Waste and Recycling
operation.
The Cherokee Nation has requested an alternative to providing the contract performance
surety as required by contract language.
4. SECURING FOR PERFORMANCE: Cherokee Nation 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, but shall be authorized,
at the election of Cherokee Nation, to replace the performance bond with a letter of credit
' from an accredited state or national bank in the sum of Five Hundred Thousand Dollars
($500,000.00). The security shall remain in full force and effect during the term of this
Contract and all costs of same shall be the responsibility of Cherokee Nation.
The contract language provided two options for securing performance. The preferred of
these two options is the letter of credit because of is ease of access by the City. With the
letter of credit, the City only has to show to the financial institution proof of non-
performance and the City can access the funds secured by the letter. The performance
bond is treated more like an insurance policy and the City would be required to make -
claims and be reimbursed.
Currently the City is holding $100,000 from the contract to secure performance. Prior to
initiation of work for the City on September 25, all contract provisions must be fulfilled.
113 Wcst Mountain .
Fayetteville, Arkansas 72701
Office phone - 479-575-8330
Fax -479-575-8257
E-mail - gdumas egei.fayelteville.ar.us
•
Discussion
The contract fees are:
Transfer Station Operation $ 3.50 per ton
Hauling Services $ 5.50 per ton
Disposal $13.97 per ton
The transfer and hauling fees are $9.00 per ton. At approximately 200 tons per day, the
month fee to the contractor will be approximately $39,600.
The "contractor has requested that rather than a letter of credit that the City accept a third
surety option. That option being that the City retains the currently held $100,000 and in
the event of non-performance all assets, equipment and personnel related to the operation
of the transfer station and the hauling to the landfill will be transferred to the City, and
the City utilize the $100,000 for any expenses above the approximate $39,600 per month
that the City would be spending for transfer station and hauling services. The disposal
services at the Cherokee Nation Landfill would remain available.
The equipment utilized in the operation is as follows: -
Three (3) Mack semi tractors w/wet kits @ $58,000 ea. $174,000
Six walking floor trailers w/tarps @ $48,500 ea $291,000
Komatsu WA 200 loader $ 99,359
Komatsu WB 140 loader backhoe $ 72,240
Total $636,599
The monthly debt service is $14,004 and the monthly personnel expense is estimated to
be $18,337, for a total of $32,341. Fuel cost is estimated at $9,897 per month.
Maintenance is estimated at $5,000 per month. Total operational cost is $47,238.
Available monthly contractor fee is $39,600. The $100,000 cash deposit would be used
to supplement the monthly contactor fee for several months while a Council decision on
an replacement contractor is reached. The solicitation for a new contractor should take
less than 90 days.
This option will allow if necessary, the continuation of all solid waste activities without
significant interruption until a new contract can be awarded.
Utilization of a letter of credit or other cash surety would require during at least the short-
term that our solid waste collection vehicles dump at the landfill rather than at the
transfer station. Wear and tear on these vehicles would be significant given the increased
mileage. Fuel expense would be approximately 5.5 times greater at $54,432 per month.
While no one wants to contemplate a contract failure, the performance requirements are
in place to protect the City in such an event. In evaluating the options, it appears that the
type of surety proposed by Cherokee Nation, though unusual, is a better option for the
City of Fayetteville.
113 West Mountain
Fayetteville, Adcansas 72701
Office phone - 479-575-8330
Fax - 479-575-8257
E-mail - gdumas®aci.rayetteville.ar.us
RESOLUTION NO.
A RESOLUTION APPROVING CONTRACT AMENDMENT #1
TO THE CONTRACT WITH THE CHEROKEE NATION TO
PROVIDE THE COMBINED SERVICES OF RECEIVING,
HANDLING, HAULING AND DISPOSING OF MUNICIPAL
RESIDENTIAL AND COMMERCIAL WASTE AT THE CITY OF
FAYETTEVILLE'S TRANSFER STATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves Amendment #1 to the contract with the Cherokee Nation
providg the combined services of receiving, handling, hauling and disposing of
municipal residential and commercial waste at the City of Fayetteville's Transfer
Station A copy of Amendment #1, marked Exhibit "A" is attached hereto hnd
made a part hereof.
PASSED and APPROVED this 19th day of Sepm
APPRO
;GOODY, Mayor
SM4PHtity Clerk
•
City Council Agenda Item
To: Mayor and City Council
From: Gary Dumas
Date: March 15, 2006
Subject: Transfer Station Contract Update
Recommendation: Staff requests awarding a contract to the Cherokee Nation for the
combined services of receiving, handling, hauling and disposing of municipal, residential
and commercial waste at the City of Fayetteville's Transfer Station.
Background: The current contract with Waste Management for the operation of the
transfer station including the services mentioned above is set to expire on September 26,
2006. The City solicited bids for these services with bid #06-08 and opened sealed bids
on February 10`11, 2006. Only one contractor, The Cherokee Nation, placed a bid.
Discussion: The Cherokee Nation operates a federally regulated Subtitle D landfill near
Stillwell, Oklahoma. The landfill has been operated by the Nation for over 20 years.
Currently the Boston Mountain Solid Waste District, the City of Lincoln, the City of
Prairie Grove, the City of Tahlequah, the City of Stillwell, and the Delaware County
Solid Waste Authority primarily uses this landfill for their disposal needs. The landfill is
under new management and is permitted, licensed and compliant with all federal
regulations regarding environmentally sound landfills.
The contract will allow the City to dump class 4 material (construction and non
putrescible waste) on the tipping floor at the Transfer Station, saving the Division
valuable haul time by not taking the material to the class 4 landfill at Tontitown. This
will be a significant savings to the Division especially with the growth currently being
experience in the drop box program
The contract stipulates that the rate for the services provided in the contract will be paid
in the sum of $24 47 per ton and is inclusive of all present applicable government fees
and licenses, surcharge's, taxes, materials, overhead, profit, insurance and equipment.
The fee will not be adjusted for 3 years from the start of operation but shall be subject to
fuel surcharges as needed and agreed upon under the terms of the contract.
The current rate for the services rendered through Waste Management is $30.58 per ton
or approximately $1,480,072 annually. The new contract will represent a savings of
$6.11 per ton or approximately $295,724 in annual costs. These numbers are based on
the estimation of 48,400 tons per year handled through the transfer station. The annual
value of the contract to Cherokee Nation is approximately $1,184,348.
Budget Impact: The impact will be beneficial to the City with the reduction of disposal
costs budgeted to the Commercial, Residential and Drop Box programs. These accounts;
5500.5010.5316.00 - Commercial, 5500.5020.5316.00 — Residential, and
5500.5030.5316.00 — Drop Box will be positively affected.
1 of 1 . 9/12/2006 2:05:52 PM
•
•
RESOLUTION NO. 64-06
A RESOLUTION AWARDING A CONTRACT TO THE CHEROKEE
NATION TO PROVIDE THE COMBINED SERVIC FS OF RECEIVING,
HANDLING, HAULING AND DISPOSING OF MUNICIPAL
RESIDENTIAL AND COMMERCIAL WASTE AT THE CITY OF
FAYETTEVILLE'S TRANSFER STATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS
Section 1. That the City Council of the City of Fayetteville, .Arkansas hereby
awards a contract to the Cherokee Nation to provide the combined services of receiving,
handling, hauling and disposing of municipal residential and commercial waste at the
City of Fayetteville's Transfer Station. A copy of the contract, marked Exhibit "A" is
attached hereto and made a part hereof.
PASSED and APPROVED this 4th day of April, 2006.
APPROVED: ATTEST.
By:
•
By: yGc.N
S NDRA SMITH, City Clerk
43
t o • • . 3
E :FAYETTEVILLE'
`st. :> _
' is • ti kANs?•
N`
AGREEMENT TO TRANSPORT AND DISPOSE
OF MUNICIPAL SOLID WASTE
AND FOR OPERATION OF TRANSFER STATION
This agreement is made and entered into this 44 day of a prl 1
2006, by and between the City of Fayetteville, Arkansas and The Cherokee Nation.
Terms and Conditions
WITNESSETH: In consideration of 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 26, 2006. The initial term of the Contract shall be five years from the date
above. The City shall have the option to renew this agreement for three additional five
year terms, subject to mutual renegotiation of terms. The City shall provide the Cherokee
Nation written notice of its intent to renew at least ninety days prior to the expiration of
the current Contract. The Contract and any renewal of same, shall be subject to annual
approval of the budget by the Fayetteville City Council.
2. SCOPE OF SERVICE: Cherokee Nation shall be responsible for the
performance of all services reasonably necessary to provide for the proper disposal of the
residential and commercial waste generated within the City. Goods and services to be
provided by The Cherokee Nation under the terms of this agreement shall include but not
be limited to the following:
(a) Operating supplies including fuel;
(b) Operating equipment. Any front-end loader buckets shall be equipped
with attached 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
and maintained by the City;
(c) Scale house attendant services;
(d) Tipping floor supervision and Toad spotting services;
(e) Equipment maintenance services for all Cherokee Nation
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 and equipment;
•
(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;
0) General administrative oversight and supervision; and
(k) Preparation of regular, required reports to all applicable government
agencies, as well as a quarterly summary report to the City; and
(I) For any and all waste hauling services, whether hauling to, or from the
City's Transfer Station, and whether performed by The Cherokee
Nation, or by a contractor employed by the Nation for these purposes,
no additional taxes or assessments will be imposed by the City of
Fayetteville on those activities, so long as they are related to the
operation of the City's Transfer Station and the appropriate royalty per
ton is paid to the City of Fayetteville as described below.
3. FEES: For its services to be performed hereunder, Cherokee Nation shall be
entitled to receive payment from the City of Fayetteville of the following fees: For the
combined services of receiving, handling, hauling and disposing of the solid waste
delivered to the transfer Station by the City of Fayetteville, the sum of $24.47 per ton
based upon incoming weight delivered to the Transfer Station. Cherokee Nation shall be
entitled to charge a reasonable fee for all other solid waste delivered to the transfer
Station from sources other than the City of Fayetteville, for which the Cherokee Nation
shall pay to the City of Fayetteville a host fee of $3.50 per ton based upon incoming
weight delivered to the Transfer Station.
The fee shall be inclusive of all present applicable government fees and licenses,
surcharges, taxes, materials, overhead, profit, insurance and equipment. The Cherokee
Nation fee will not be adjusted for (3) years from the start of operation, currently
anticipated to be September 26, 2006, but such fees shall be subject to fuel surcharges as
may be needed from time to time, to accommodate increased costs above the initial
benchmark cost of $2.2382 per gallon for road diesel; $1.8177 per gallon for high sulfer
off-road diesel as determined by the most recent acquisitions by Cherokee Nation's
contract operator of the Cherokee Nation Sanitary Landfill. The fuel surcharge, when
applicable, will increase the initial fee per ton as referenced above. No fuel surcharge
shall be authorized hereunder until the combined average daily benchmark cost for road
diesel and off-road diesel is, for the most recent billing month, greater than 10% of the
initial benchmark. For each 10% increment the initial fee per ton may be additionally
adjusted.
On September 26, 2009, the Cherokee Nation fee may be adjusted by using the
difference in the CPI from September of the prior year and the CPI for August of 2009, as
determined by use of the United States Department of Labor index for goods and
services. That index is found at: hhtp://data.bls.gov/cgi-bin/survevmost?su. Cherokee
Nation shall bill the City on a monthly basis for its services hereunder, itemizing such
bills to show the tonnage and resulting fee. Bills shall be paid within thirty (30) days of
presentation. Cherokee Nation shall account and pay to the City the City's host fee as
previously described in this section above within thirty (30) days of Cherokee Nation's
receipt thereof. Cherokee Nation shall keep accurate records which shall be made
available to the City during regular business hours during the term of this Contract, and
for no less than three years after the termination thereof, in the event there is a need for
either party to justify all fees and payments.
The fees to be charged to an outside hauler bringing waste to the transfer station
will not be controlled or disclosed by the terms of this Agreement, but such rate will
always be reasonable, when compared to the surrounding market prices. This rate may
be adjusted from time to time at the discretion of the Nation, but at no time shall the rate
charged to outside haulers be less than the rate charged to the City of Fayetteville. For
purposes of this Agreement, the term outside hauler includes any and all wastes not
"hauled to the Transfer Station by the City of Fayetteville.
4. SECURING FOR PERFORMANCE: Cherokee Nation 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, but shall be authorized,
at the election of Cherokee Nation, to replace the performance bond with a letter of credit
from an accredited state or national bank in the sum of Five Hundred Thousand Dollars
($500,000.00). The security shall remain in full force and effect during the term of this
Contract and all costs of same shall be the responsibility of Cherokee Nation.
5. QUANTITIES: The City makes no warranties as to the quantities of solid
waste available for transfer and disposal. The City, during the term of this contract shall
deliver to Cherokee Nation the City's Transfer Station all of the municipal, residential
and commercial solid waste streams collected by the City, except recyclable waste
recycled as such.
6. DISPOSAL SITES: Cherokee Nation shall dispose of' all waste tendered it in
disposal sites that are properly permitted and operating in accordance with all applicable
State and Federal laws and regulations. Cherokee Nation 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. Prior to any change
by Cherokee Nation of the disposal site, Cherokee Nation shall provide documentation to
the City that such site meets specifications hereunder.
7. CHEROKEE NATION'S EQUIPMENT: Cherokee Nation warrants that all
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 Cherokee Nation shall have sufficient spare
equipment available to ensure daily loading, transport and disposal of all waste received
pursuant to this Contract. All equipment shall be painted uniformly with respect to
Cherokee Nation or its chosen contractor. Transport trailers shall be marked with the
name and telephone number of Cherokee Nation or its contractor, on each side of the
vehicle.
8. REPRESENTATION, 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 Cherokee
Nation 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) That in its delivery of waste to the City's Transfer Station, the City, its
customers, agents and employees shall obey all reasonably adopted
rules and regulations that may be posted from time to time by
Cherokee Nation for the proper, efficient and safe operation of the
facility, and shall exercise reasonable prudence and care in disposing
of waste at the facility.
(c) That the City will provide access by Cherokee Nation to the Transfer
Station at least one (1) week in advance of the commencement of these
services for the purpose of set up and testing of communication and
software systems necessary for the use of Cherokee Nation in the
proper and efficient performance of this Agreement in the operation of
said facility
9. DEFAULT AND TERMINATION: Upon the breach of either party to this
Contract of any of its material terms and conditions, and delivery of 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 act of Federal and State
governments, governmental agencies or Courts.
12. ADMINISTRATIVE PROVISIONS: This 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 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 representative effective the date set for herein above.
CHERO ATION
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Sondra Smith, City Clerk`����� 0"1""'��.,,t'�
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Brian Pugh
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Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
April 4th, 2006
City Council Meeting Date
Solid Waste and Recycling
Division
Action Required:
Operations
Department
Staff requests awarding a contract to the Cherokee Nation for the combined services of receiving, handling, hauling
and disposing of municipal, residential and commercial waste at the City of Fayetteville s Transfer Station.
n/a
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
pa tment rector Date
Finance and Internal Service Director
Mayor
Comments:
ni40‘
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
City Council Agenda Item
To:
From:
Date:
Subject:
Mayor and City Council
Gary Dum
March 15, 2006
Transfer Station Contract Update
Recommendation: Staff requests awarding a contract to the Cherokee Nation for the
combined services of receiving, handling, hauling and disposing of municipal, residential
and commercial waste at the City of Fayetteville's Transfer Station.
Background: The current contract with Waste Management for the operation of the
transfer station including the services mentioned above is set to expire on September 26,
2006. The City solicited bids for these services with bid #06-08 and opened sealed bids
on February 10`h, 2006. Only one contractor, The Cherokee Nation, placed a bid.
Discussion: The Cherokee Nation operates a federally regulated Subtitle D landfill near
Stillwell, Oklahoma. The landfill has been operated by the Nation for over.20 years.
Currently the Boston Mountain Solid Waste District, the City of Lincoln, the City of
Prairie Grove, the City of Tahlequah, the City of Stillwell, and the Delaware County
Solid Waste Authority primarily uses this landfill for their disposal needs. The landfill is
under new management and is permitted, licensed and compliant with all federal
regulations regarding environmentally sound landfills.
The contract will allow the City to dump class 4 material (construction and non
putrescible waste) on the tipping floor at the Transfer Station, saving the Division
valuable haul time by not taking the material to the class 4 landfill at Tontitown. This
will be a significant savings to the Division especially with the growth currently being
experience in the drop box program.
The contract stipulates that the rate for the services provided in the contract will be paid
in the sum of $24.47 per ton and is inclusive of all present applicable government fees
and licenses, surcharges, taxes, materials, overhead, profit, insurance and equipment.
The fee will not be adjusted for 3 years from the start of operation but shall be subject to
fuel surcharges as needed and agreed upon under the terms of the contract.
The current rate for the services rendered through Waste Management is $30.58 per ton
or approximately $1,480,072 annually. The new contract will represent a savings of
$6.11 per ton or approximately $295,724 in annual costs. These numbers are based on
the estimation of 48,400 tons per year handled through the transfer station. The annual
value of the contract to Cherokee Nation is approximately $1,184,348.
Budget Impact: The impact will be beneficial to the City with the reduction of disposal
costs budgeted to the Commercial, Residential and Drop Box programs. These accounts;
5500.5010.5316.00 - Commercial, 5500.5020.5316.00 — Residential, and
5500.5030.5316.00 — Drop Box will be positively affected.
1 of 1 3/17/2006 10:15:56 AM
CITY Y OF FAYETTEVILLE
113 W. Mountain St.
Fayetteville, AR 72701
INVITATION TO BID
BID # 06=08
Solid Waste Transfer and Disposal
BID #: 06-08
DATE ISSUED: January 19, 2006
DATE & TIME OF OPENING: February 10, 2006 at 2:00 PM
BUYER: Andrea Foren, Room 306 — (479) 575-8220
F.O.B. Fayetteville, AR
INVITATION TO BID CITY OF FAYETTEVILLE, ARKANSAS
BID DOCUMENTS
FOR
TRANSPORT AND DISPOSAL OF SOLID WASTE
PROVISION OF TRANSFER STATION/RECYCLING CENTER
OPERATION OF TRANSFER STATION
BID 06-08, "SOLID WASTE TRANSFER AND DISPOSAL" .
Page 2 of 18
INVITATION TO BID
For Transport and Disposal of Solid Waste
Provision of Transfer Station/Recycling Center
Operation of Transfer Station
CITY OF FAYE1 1bVILLE, ARKANSAS
•
The City of Fayetteville (City) has one facility that contains both the Fayetteville
Transfer Station and the Fayetteville Recycling Center (Fayetteville Transfer
Station/Recycling Center). The Transfer portion of this facility utilizes loose -fill
technology and is capable of satisfying the present and future solid waste disposal needs
of the City. Design is expandable to allow the Fayetteville Transfer Station to serve
Washington County as necessary.
Sealed -Bids are invited and will be received by the City of Fayetteville for one or all of
the following:
Option A: Disposal of all solid waste received at the Fayetteville Transfer Station.
Option B: The daily transport of all solid waste received at the Fayetteville Transfer
Station.
Option C: The daily transport and disposal of all solid waste received at the
Fayetteville Transfer Station.
Option D: The operation of the Transfer Station and the offer of a host fee to the
City.
Bids must be made on the enclosed Bid Forms in accordance with Instructions to Bidders
described herein and as furnished by the Purchasing Department, City Administration
Building, Fayetteville Arkansas.
The defined terms appearing in the General Specifications apply to all Invitation to Bid
Documents. Copies of Forms are attached hereto.
Bids must be delivered to the City Purchasing Office, Room 306, 113 West Mountain
Street, Fayetteville, Arkansas 72701 on or before February 10, 2006 at 2:00 pm, local
time. The envelope containing the Bid must be sealed and plainly marked "BID 06-08,
SOLID WASTE TRANSFER AND DISPOSAL".
Bids will be publicly opened and read at that time in the offices of the Purchasing
Department or a room to be designated and announced at the time of opening. The
successful Bidder will be awarded the Contract through an Ordinance of the City
Page 3 of 18
approving and adopting the Contract Documents, providing for its enforcement and
penalties as provided by law.
A Bid bond or certified check must accompany the Bid in accordance with the
Instructions to Bidders.
The City reserves the right to reject any or all Bids, to waive irregularities and/or
informalities in any Bid, and to make an award in any manner, consistent with law,
deemed in the best interest of the City.
There will be a pre -bid conference on January 27, 2006, 1:30 p.m. at the Solid Waste &
Recycling Division, 1560 South Happy Hollow Road, Fayetteville, Arkansas.
INSTRUCTIONS FOR BIDDERS
I . TERM OF AGREEMENT
The agreement is to take effect and continue and remain in full force and effect for a
period of five (5) years, and such period shall commence on September 27, 2006.
The City shall have the option to renew said agreement for three (3) successive five
(5) year terms. The option to renew can be made effective by written notification
from the City to the Contractor, ninety (90) days prior to the expiration of the
previous contract period. Contract will be subject to the annual approval of the
budget by the Fayetteville City Council.
2. PREPARATION OF THE BID
Bids shall be made on the Bidders Bid Form attached hereto and as described herein,
and shall give the amount of bids for services provided in figures, and must be signed
by the Bidder. If price already entered by the Bidder on the Bid Form is to be altered,
it shall be crossed out with ink and the new unit price entered.above or below it, and
initialed by the Bidder in ink. Each Bid, together with appropriate attachments, must
be submitted in a sealed envelope bearing on the outside the name of the Bidder,
address, and plainly marked "BID 06-08, SOLID WASTE TRANSFER AND
DISPOSAL". If forwarding by mail, the sealed envelope containing the Bid must be
enclosed in another envelope addressed as specified in the Bid. The City may
consider as irregular any Bid not prepared and submitted in accordance with the
provisions hereof and may waive any informalities or reject any and all Bids.
Any Bid received after the time and date specified above shall not be opened and will
not be considered.
3. BID SECURITY AND EVIDENCE OF INSURANCE
Each Bid must be accompanied by a bond, a certified check drawn on a state or
national bank, or an irrevocable bank letter of credit in an amount equal to Fifty
Thousand Dollars ($50,000) as a guarantee on the part of the Bidder that it will, if
called upon to do so, accept and enter into a Contract with the City to do the work
covered by such Bid and at the unit price stated therein and to furnish a corporate
Page 4of18
surety for its faithful and entire fulfillment. Checks and bonds will be returned
promptly after the City and the selected Bidder have executed the Contract., or if no
Bidder's Bid has been selected within ninety (90) days after the date of the opening of
Bids, upon demand of Bidder at any time thereafter, so long as it has not been notified
of the acceptance of its Bid.
4. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
The contract shall be deemed as having been awarded when formal notice of award
shall have been mailed by the City to the successful Bidder..
The Bidder, upon notice of intent to seek award by the project manager will be
required to execute three (3) copies of the Contract and to furnish Insurance
certificates, as required. In case of the Bidder's refusal or failure to do so within ten
(10) days after its receipt of formal notice of rights and interests in the award,
Bidder's Bid security may be declared forfeited to the City as liquidated damages and
the award may then be made to the next best qualified Bidder or the work re -
.advertised for Bids as the City may elect.
5. SECURITY FOR PERFORMANCE
The Bid shall be accompanied by a letter from a corporate surety satisfactory to the
City stating that the Performance Bond(s) will be furnished by it to the person
.submitting the Bid in the event it is the successful Bidder. Such letter is to be signed
by an authorized representative of the surety together with a certified and effectively
dated copy of the power of attorney attached thereto.
The successful Bidder will be required to furnish a performance bond as security for
the faithful performance of the Contract. Said performance bond must be in the
amount indicated in Section 12.0 of the Specifications and Conditions. Premium for
the bonds described above shall be paid by the Bidder. A certificate from the surety
showing that the bond premiums are paid in full shall accompany the bond.
The surety on the bond shall be a duly authorized corporate surety company
authorized to do business in the State of Arkansas.
6. POWER OF ATTORNEY
Attorneys -in -fact who sign bonds must file with each bond a certified and effectively
dated copy of their power of attorney.
7. SCOPE OF SERVICE
The Bidder shall, as listed in the Bid form, bid on any or all of Options A, B, C or D,
listed below. The Transfer portion of the Fayetteville Transfer Station/Recycling
Center utilizes loose -fill technology. Bids to operate the Transfer Station will require
Bidder to: supply all equipment, labor, supervision and any necessary supplies; be
responsible for Transfer Station equipment maintenance; perform the day-to-day
loading of solid waste; and document all inbound/outbound tonnages. Operation of
the Recycling Center portion of the facility is not included in any Bid Option. All
Page 5 of 18
reference made to solid waste available for transport and disposal is the solid waste
received at the Transfer Station portion of the Fayetteville Transfer Station/Recycling
Center.
Option A: Disposal of all solid waste received at the Fayetteville Transfer Station.
(Bidders who are bidding on both the transport and disposal of all solid waste
accepted at the Transfer Station should bid on Options C)
Option B: The daily transport of all solid waste received at the Fayetteville Transfer
Station. (Bidders who are bidding on both the transport and disposal of all solid
waste received at the Transfer Station should bid on Option C)
Option C: The daily transport and disposal of all solid waste received at the
Fayetteville Transfer Station.
Option D: The operation of the Transfer Station and the offer of a host fee to the
City.
8. CONDITIONS
The failure or omission of any Bidder to receive or examine any form, instrument,
addendum, or other document, or to acquaint itself with all existing conditions, shall
in no way relieve it of any obligations with respect to Bidder's Bid. The City shall
make all such documents available to the Bidders and will provide opportunity for
site inspection.
The Bidder shall make its own determination as to conditions and shall assume all
risk and responsibility and complete the work in and under conditions it may
encounter or create, without extra costs to the City. The Bidder's attention is directed
to the fact that all applicable State and Federal Laws, municipal ordinances, and the
rules and regulations of all authorities having jurisdiction over the work to be
performed shall apply to all Bids throughout, and they will be deemed included in the
Bid as though written in full in the Bid.
9. ADDENDA AND EXPLANATIONS
Explanations desired by prospective Bidder shall be requested of the City in writing
and if explanations are necessary, a reply shall be made in the form of an Addendum,
a copy which will be forwarded to each Bidder. Every request for such explanation
shall be in writing addressed to Purchasing Agent, City of Fayetteville. Any verbal
statements regarding same by any person prior to the award, shall be unauthorized
and not binding.
Addenda issued to Bidders prior to date of receipt of Bids shall become part of the
Contract Documents, and all Bids shall include the work described in the Addenda.
No inquiry received within seven (7) days of the date fixed for the submission and
opening of Bids will be given consideration.
Page 6 of 18
All such interpretations and any supplemental instructions will be in the form of
written Addenda, which, if issued, shall be posted on the City's Webite at
www.accessfayetteville.org, "Bids & Mailing Lists", "Solid Waste Equipment &
Services." All bidders should sign up to the mailing list "03. Transport & Disposal
of Solid Waste and/or Operation of Transfer Station." Signed copies of the addenda
must be submitted with copies of each Bid. They must be signed by a person
authorized to legally represent the company as indicated in Section 10.
10. NAME, ADDRESS AND LEGAL STATUS OF THE BIDDER
The Bid must be properly signed in ink and the address of the Bidder given. The
legal status of the Bidder, whether corporation, partnership, or individual shall be
stated in the Bid.
A corporation shall execute the Bid by its duly authorized officers in accordance with
its corporate by-laws and shall list the state in which it is incorporated. A partnership
Bidder shall give full names of all partners. Partnership and individual Bidders will
be required to state in the Bid the names of all persons interested therein.
The place of residence of each Bidder, or the office address in the case of a firm or
company, with county, state, and telephone number, must be given after his signature.
If the Bidder is ajoint venture consisting of a combination of any or all of the above
entities, each joint venture shall. execute the Bid.
Anyone signing a Bid as an agent of another or others must submit with his Bid, legal
evidence of his authority to do so.
11. COMPETENCY OF BIDDER
The opening and reading of the Bid shall not be construed as an acceptance of the
Bidder as a qualified responsible Bidder from its knowledge of the Bidder's
qualifications or from other sources.
The City shall require submission, with the Bid, of the following supporting data
regarding the qualifications of the Bidder in order to determine whether it is a
qualified, responsible Bidder. The Bidder will be required to furnish the following
information:
(a) An itemized list of the Bidder's equipment available for use on this Contract or
show list of proposed equipment with proof of financial strength to procure
equipment upon contract award.
(b) A copy of the latest available certified financial statement of the Bidder (or its
parent corporation if individual subsidiary or division financial statements are not
prepared and generally available) certified by a firm of independent certified
public accountants.
(c) Evidence that the Bidder is in.good standing under the laws of the State of
Arkansas, and, in the case of corporations organized under the laws of any other
Page 7 of 18
state, evidence that the Bidder is licensed to do business and in good standing
under the laws of the State of Arkansas or a sworn statement that it will take all
necessary action to become so licensed.
(d) Evidence, in form and substance satisfactory to the City, that Bidder (or Bidder's
subsidiary or affiliate) has been in existence as a going concern in excess of five
years and possesses not less than three years actual operating experience as a
going concern in solid waste transport, disposal and transfer station operation if
said operation is included in bidder's Bid.
(e) Evidence in form and substance satisfactory to the City, that the landfill or
disposal site shall have a life at least as long as the Contract length and that said
disposal site meets the requirements of EPA Subtitle "D" and assurance from
disposal site owner that any further state and Federal requirements will be met
through the length of the contract. Disposal sites other than a landfill shall submit
a copy of their permit for operation.
(f) A list of all professional personnel employed that will be responsible for
community relations of the Bidder for this job.
(g) A copy of Bidder's Environmental Policy Statement.
(h) Evidence that the Bidder is in good standing with regard to any current
agreements or contracts with the City of Fayetteville. Past delinquent accounts,
failure to pay in a timely manner, inability to verify pay requests or payments, or
a history of slow or late payments to the City will disqualify the Bidder. Any of
these factors individually or collectively or other evidence of lack of adequate and
responsible management or financial control may disqualify the Bidder.
In the event that the City shall require additional certified supporting data
regarding the qualifications of the Bidder in order to determine whether he is a
qualified responsible Bidder, the Bidder may be required to furnish any or all of
the following information sworn to under oath:
(a) Evidence that the Bidder is capable of commencing performance as.
required in the Contract Documents on September 27, 2006.
(b) Evidence, in form and substance satisfactory to the City, that Bidder
possesses as a going concern the managerial and financial capacities to
perform all phases of the work called for in the Contract Documents.
(c) Evidence, in form and substance satisfactory to the City, that Bidder's
experience in transfer station operations comparable to that of the City.
and/or that the Bidder's- experience in the transport and disposal of solid
waste derives from the transport and disposal of solid waste tonnages
comparable to the tonnages generated in the City's service area;
(d) Such additional information that will satisfy the City that the Bidder is
adequately prepared to fulfill the contract.
12. DISQUALIFICATION OF BIDDERS
Any one or more of the following causes, among others, may be considered. sufficient
for the disqualification of a Bidder and the rejection of its Bid:
(a) Evidence of collusion among Bidders.
Page 8 of 18
(b) Lack of competency as revealed by either financial statements, experience or
equipment statements as submitted or other factors.
(c) Lack of responsibility as shown by past work, judged from the standpoint of
workmanship or litigation filed on behalf of or against the proposed Bidder,
number of contract compliance letters and/or follow-up correspondence required
necessary to achieve conformity with past or current contractual relationships
with the City of Fayetteville, or lack of environmental stewardship as evidenced
by past practices
(d) Default on a previous contract for failure to perform.
13. BASIS OF BID
Bids will be accepted for Options A, B, C and D. All bids contained in said Bid
Options of the operation of the Transfer Station and/or transport and disposal of solid
waste delivered thereto, will be on a cost per ton basis. Bid options of the
transportation only will be a cost per ton/mile.
14. BID AWARD
The City will award the bid based on the bid that it deems to be in the best interest of
the City of Fayetteville. The City will also use the demonstrated competence,
responsibility, and qualification of the Bidder when evaluating each bid.
15. QUANTITIES
Current annual tonnage hauled from the transfer station is approximately 46,000 per
16. IRREGULARITIES
The City reserves the right to reject any or all Bids, and to waive defects or
irregularities in a Bid. In particular, any alteration, erasure, or interlineations of the
Contract Documents and of the Bid shall render the accompanying Bid irregular and
subject to (but not requiring) rejection by the City.
17. DISPOSAL
The Bidder shall indicate on the Bid the name and location of the Disposal Site(s)
which the Bidder intends to use to perform the Contract. Further, the Bidder shall
provide evidence satisfactory to the City that the Bidder, if awarded the Contract, wi
have the right to use said Disposal Site(s) under and for the duration of the Contract,
but in any case, not less than ten (10) years. The Bidder will provide evidence
satisfactory to the City, that assures the City of Fayetteville will have convenient,
long -tern disposal that will comply with EPA Regulations, Subtitle "D," and any
future subtitles or regulations required of said site.
18. BILLING AND FRANCHISE
As a condition of all Bid Options, the City will act as the billing and collection agent.
CONTRACTORS EQUIPMENT
Contractor will guarantee to the City that Contractor's transport tractors, trailers and
any other equipment used in the operation of the Transfer Station and/or in the
transport of accepted solid waste, will be maintained in a mechanically sound, clean
and painted manner at all times. There will be sufficient spare equipment available to
insure daily loading transport, and disposal of all waste received at said Transfer
Station within the allotted time frame. All equipment provided by the Contractor will
be painted uniformly. Additionally, transport tractors will be marked with the name
and telephone number of the Contractor on each side of the vehicle. A listing of said
equipment shall be included with Bidder's Bid.
20. EXCEPTIONS
The Bidder must include in his Bid all exceptions and or amendments he proposes.
21. LEGAL ISSUES DISCLOSURE STATEMENT
The nature and disposition of any current legal proceedings, or legal proceedings
within the last five (5) years, that involves or has involved the individual, partnership,
or corporation, herein described as the Bidder, or parent organization, subsidiary, or
affiliate of the parent organization, must be included in the Bid.
22. PRE -BID CONFERENCE
There will be a Pre -Bid Conference for all Bidders at the Solid Waste & Recycling
Division, 1560 South Happy Hollow Road, Fayetteville, January 27, 2006; 1:30 p.m.
The City will answer any questions and update all Bidders.
f
Page 10 of 18
SPECIFICATIONS & CONDITIONS
1.0 DEFINITIONS
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.I 1 STABLE MATTER
1.12 OFFAL WASTE
1.13 YARD WASTE
1.14 SUBCONTRACTOR
1.15 TIPPING FEE
1.16 HOST FEE
2.0 SCOPE OF WORK
3.0 TRANSPORT AND DISPOSAL
4.0 TRANSFER OPERATION
4.01 HOURS
4.02 HOLIDAYS
4.03 EQUIPMENT/MANPOWER
4.04 RESPONSE TIME
5.0 COMPLIANCE WITH LAWS
6.0 EFFECTIVE DATE
7.0 NONDISCRIMINATION
8.0 INDEMNITY
9.0 LICENSES AND TAXES
10.0 TERM
11.0 INSURANCE
12.0 PERFORMANCE BOND
13.0 OWNERSHIP OF SOLID WASTE
Page 11 of 18
1.0 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, industrial, commercial, agricultural, governmental, and community
operations. Acceptable solid waste will usually be a mixture of putrescible, non-
putrescible, combustible, non-combustible wastes, such as organic waste from food
preparation or consumption, wrapping and packing materials, paper, paper products,
metal, glass, and plastic containers, and other items which require proper storage and
prompt transportation and disposal to prevent environmental pollution adverse to public
health and construction and demolition wastes, furniture and other bulky wastes that.are
not normally collected with other household or commercial waste. Solid waste does not
include sewage, sludge, material used to fill land in accordance with construction codes,
rocks, mining residue, slag, yard waste, offal waste, super bulky wastes, stable matter,
medical, infectious, or any hazardous waste or waste required to be manifested for
transport or disposal.
1.02 CITY:
City of Fayetteville, Arkansas
1.03 CONTRACTOR:
The person, corporation, or partnership that will perform work or services for the City,
under contract.
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:
Waste, in any amount, when defined, characterized, or designated as hazardous by the
United States Environmental Protection Agency or appropriate State agency by or
pursuant to Federal or State law, or waste, in any amount, which is regulated under
Federal or State Jaw. For purposes of the Contract, the term Hazardous Waste shall also
include motor oil, gasoline, and paint.
1.06 NON -ACCEPTABLE WASTE:
Waste that will not be accepted at the Fayetteville Transfer Station include sewage,
sludge, other free -flowing liquid waste, material used to fill land in accordance with
construction codes, rocks, mining residue, slag, yard waste, offal waste, dead animals,
stable matter, super bulky wastes, medical, infectious, or any hazardous waste or waste
required to be manifested for transport or disposal.
Page 12 of 18
1.07 CONSTRUCTION DEBRIS:
Trash resulting from the construction, remodeling, or demolition of a residence or
business, either by the resident or owner, or by contracted professionals.
1.08 BULKY WASTE:
Appliances, large furniture items, and like products.
1.09 SUPER BULKY WASTE:
Solid Waste in excess of 1,000 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. The
Transfer portion of the Fayetteville Transfer Station/Recycling Center.
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 of 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.
1.15 TIPPING FEE:
The fee that will be charged for waste disposed of at the Fayetteville Transfer Station.
1.16 HOST FEE:
The fee that will be paid to the City for all waste from sources other than City of
Fayetteville collection vehicles or residents.
2.0 SCOPE OF WORK:
The work to be performed shall consist of items contained in the Bidder's Bid, including
all the supervision, materials, equipment, labor, and all other items necessary to provide
said services in accordance with the Bidder's Bid.
3.0 TRANSPORT AND DISPOSAL:
Page 13 of 18
All solid waste transported shall be so contained, tied, 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. The Transfer Station operator, whether a
successful bidder or the City, shall be responsible to load transport trailers with solid
waste payload weights no greater than that required to reach gross vehicle weight
limitations set by law. However, in the interest of efficiency, the operator is responsible
to load solid waste in such a way that a standard "walking floor" trailer.with a capacity of
115 cubic yards will contain a minimum of 20 tons of solid waste.
4.0 TRANSFER OPERATION:
4.01 HOURS:
Transfer Station will be open for operation Monday through Saturday. Hours of
operation shall be mutually agreed upon by the City and Contractor; 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.
4.02 HOLIDAYS:
Transfer Station shall only close on Thanksgiving.Day, Christmas Day & New Years
Day.
4.03 EQUIPMENT/MANPOWER:
the Contractor shall provide an adequate number of vehicles, trailers, loaders, and back-
up equipment, maintained in good physical 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.
4.04 RESPONSE TIME:
The Contractor shall be capable of responding to the City in a reasonable amount of time.
Reasonable time shall be defined by the City in contract documents. For the duration of
the Contract, the suitability of the qualified responsible person in charge, chosen by the
Contractor, will be determined by the City. ,
5.0 COMPLIANCE WITH LAWS:
The contractor shall conduct operations under this Contract in compliance with all
applicable laws; provided, however, that the General Specifications shall govern the
obligations of the City on the subject.
6.0 EFFECTIVE DATE:
The Contract shall be effective upon the execution of the Contract and performance of
such Contract shall begin on a mutually agreed upon date contained therein.
7.0 NONDISCRIMINATION:
Page 14 of 18
The Contractor shall not discriminate against any person because of race, sex, age, creed,
color, religion, or national origin.
8.0 INDEMNITY
The Contractor will indemnify and hold harmless the City, its officers, agents, servants,
and employees from and against -any and all suits; actions, legal proceedings, claims,
demands, damages, costs, expenses, and attorney's fees to the extent of the Contractor, its
officers, agents, servants, and employees in the performance of this Contract; provided,
however, that the Contractor shall not be liable for any suits, actions, legal proceedings,
claims, demand, damages, costs, expenses, and attorney's fees arising out of the award of
this Contract or a willful or negligent act or omission of the City, its officers, agents,
servants and employees.
9.0 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.
10.0 TERM:
The contract shall be for a five (5) year period beginning upon the mutually agreed date
as contained within the Contract and ending five (5) years thereafter. The City. has the
option to offer three (3),successive five (5) year extensions to the Contract. Extensions
can be made effective by providing written notification to the Contractor not less than
ninety (90) days before the end of a contract period. Contract will be subject to the
annual approval of the budget by the Fayetteville City Council.
11.0 INSURANCE:
The Contractor shall at all times during the Contract maintain in full force and effect
Employer's Liability, Workman's Compensation, Public Liability and Property Damage
insurance, including contractual liability coverage for the provisions of Section 8.0 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 famish 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 which 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
Workmen's Compensation
Employer's Liability
Page 15 of 18
LIMITS OF LIABILITY
Statutory
$500,000
Bodily Injury Liability
Except Automobile
Automobile Bodily Injury
Liability
Automobile Property Damage
Liability
Environmental impairment
Liability
Owner's Protective Liability
$500,000 each occurrence
$1,000,000 aggregate
$500,000 each person
$1,000,000 each occurrence
$500,000 each occurrence
$500,000 each occurrence
$1,000,000 each occurrence
$3,000,000 aggregate
$2,000,000
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.
12.0 PERFORMANCE BOND:
The Contractor responsible for the transportation and disposal of solid waste received at
the Fayetteville Transfer Station will be required to furnish a corporate surety bond as
security for the performance of said portion of the Contract. Said surety bond must be in
the amount of $2,000,000.
The Contractor responsible for the operation of the Fayetteville Transfer Station will b&
required to furnish a corporate surety bond as security for the performance of said portion
of the Contract. Said surety bond must be in the amount of $500,000.
The premium for the bond(s) described above shall be paid by the Contractor. A
certificate from the surety showing that the bond premium(s) is/are paid in full shall
accompany the bond.
The surety on the bond shall be from a corporate surety company duly authorized to do
business in the State of Arkansas. Bonds must be written by an "A" rated bonding
company.
13.0 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 Station floor (Bid
D) or in the Contractor's Trailer (Bid A or B or C).
Page 16 of 18
1
BID GUIDELINES
BIDDER'S FORM
FOR
TRANSPORT AND DISPOSAL OF SOLID WASTE
PROVISION OF FAYETTEVILLE TRANSFER STATION/RECYCLING CENTER
OPERATION OF TRANSFER STATION
al
TO:. The Mayor and City Council of the City of Fayetteville.
BID OF: Ci L iC I*eee tcth o l
(an individual, a partnership, a corporation duly organized under the laws of the State
of Arkansas)
The undersigned having carefully read and considered the terms and conditions of the
Contract Documents for Transport and Disposal of Solid Waste, Provision of, and/or
Operation of the Fayetteville Transfer Station for the City of Fayetteville, does hereby
offer to perform such services on behalf of the City, of the type and quality and in the
manner described, and subject to and in accordance with the terms and conditions set
forth in the Contract Documents as the rates hereinafter set forth on the bid form.
Option A: Disposal of all solid waste received at the Fayetteville Transfer Station.
(Bidders who are bidding on both the transport and disposal of all solid waste
accepted at the Transfer Station should bid on Options C)
Option B: The daily transport of all solid waste received at the Fayetteville Transfer
Station. (Bidders who are bidding on both the transport and disposal of all solid
waste received at the Transfer Station should bid on Option C)
Option C: The daily transport and disposal of all solid waste received at the
Fayetteville Transfer Station.
Option D: The operation of the Transfer Station and the offer of a host fee to the
City.
Page 17 of 18
1
BID FORM
DATE '--tro-o(o
BIDDER
SIGNATI
ADDRES
TELEPHONE Gi LR>— 463-' 6bOCJ
Attach all addenda, answers, additions, deletions, modifications, and statements to
this specification here. This attachment will become part of the Bid and Bid
Document.
Page l8 of 18
CHEROKEE NATION
P.O. Box 948
Tahlequah, OK 74465-0948
918-453.5000
February 10, 2006
TO: Mayor and City Council.
Fayetteville, AR
Chad "Corutassel"
Smith
O'1rG a
Principal Chief
Joe Grayson
JLOd) .Ifnh&x)
Deputy Principal Chief
RE: City of Fayetteville Bid #06-08; Solid Waste Transfer and Disposal
The Cherokee Nation is pleased to submit the attached bid and supporting documents to
the City of Fayetteville for transportation and disposal of solid waste and operation of the
City's transfer station. The Cherokee Nation has existed since time immemorial as a
nation and entered its firsttreaties with Europeans in the early 1700's. As the Cherokee
Nation moves towards greater economic self-sufficiency, new and expanded business
opportunities are utilized to accomplish the goals set by the Tribal administration.
Through new and expanded business ventures, the Cherokee Nation promotes self-
reliance and self-sufficiency for itself, its communities, and its members.
The Cherokee Nation has operated a landfill for over twenty years and its own solid
waste collection system for over twenty years as well. The Cherokee Nation Sanitary
Landfill will be utilized for the disposal aspect of the contract. The staff at the Cherokee
Nation Landfill has numerous years of experience in solid waste and holds national
certifications for landfill and transfer station management. Cherokee Nation
Environmental Programs also has numerous individuals with experience and expertise in
solid waste management, regulation, and monitoring. The Cherokee Nation also has, on
staff expertise in trucking, delivery, construction, and numerous other activities.
The Cherokee Nation will continue to be a leader and innovator in environmental issues.
Thank you for your consideration. We look forward to a mutually beneficial relationship
with the City of Fayetteville.
Sincerely,
Anna Knight
Acting Group Leader
CN Commerce Group
From: Clarice Pearman
To: Dumas, Gary
Date: 9.25.06 3:00 PM
Subject: Res. 161-06
Attachments: 161-06 Cherokee Nation Amdmt No. 1.pdf
CC: Audit
Gary,
Attached is a copy of the above resolution passed by the City Council, September 19, 2006. I am forwarding to you one of
two original amendment to the agreement with Cherokee Nation via interoffice mail. If anything else is needed please let
me know.
Thanks.
Clarice
Clarice Buffalohead-Pearman
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayettevflle.ar.us
From: Clarice Pearman
To: Audit
Date: 9.25.06 3:01 PM
Subject: Fwd: Res. 161-06
Attachments: 161-06 Cherokee Nation Amdmt No. 1.pdf
>>> Clarice Pearman 9.25.06 3:00 PM >>>
Gary,
Attached is a copy of the above resolution passed by the City Council, September 19, 2006. I am forwarding to you one of two
original amendment to the agreement with Cherokee Nation via interoffice mail. If anything else is needed please let me know.
Thanks.
Clarice
Clarice Buffalohead-Pearman
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearman(a)ci.favettevl lie. ar. us
of//(6!-O'o
RECEIVE®
OCT 03 2006
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
WEST -ARK TRUCK LEASING,INC.
P.O. BOX 4
2800 WHEELER AVENUE
FORT SMITH, AR 72902
PHONE: 479-782-8281
FAX:
479-785-2152
SEPT
28,
2066
-
ATTN: GARY DUMAS
PER OUR TELEPHONE COVERSATION WITH FEATHER HAULING/INDIAN
COUNTRY INVESTMENTS, THIS LETTER IS TO ADVISE YOU THAT WEST -
ARK TRUCK LEASING WOULD BE WILLING TO LET THE CITY OF
FAYETTEVILLE TAKE OVER THE EQUIPMENT PRESENTLY BEING LEASED
BY FEATHER HAULING/INDIAN COUNTRY.
THE CITY OF FAYETTEVLLE WILL HAVE THE FIRST OPTION TO PURCHASE
THIS LEASE EQUIPMENT BEFORE FORECLOSURE OR ACTIONS OF
REPOSSESSION. IT SHOULD BE UNDERSTOOD THAT THE CITY WILL HAVE
TO MEET ALL FINANCIAL CRITIERIA IN ORDER TO LEASE THIS EQUIPMENT.
THE CITY PURCHASED PRICE OR INITIAL LEASE AGREEMENT TERMS WILL
BE THE SAME AS OF THAT OF FEATHER HAULING, INC. WITH THE
UNDERSTANDING THAT. THE INTEREST RATE MAY CHANGE AND
PAYMENT AMOUNTS ARE SUBJECT TO THESE INTEREST RATE CHANGES.
A NEW LEASE AGREEMENT WILL HAVE TO BE INITATED WITH NEW TERMS
AND CONDITIONS AGREED TO BETWEEN WEST -ARK TRUCK LEASING AND
CITY OF FAYETTEVILLE.'
WE WILL NOTIFY THE CITY OF FAYETTVILLE APPROX 2 WEEKS PRIOR TO
ANY REPOSSESSION ACTION OR FORECLOSURE PROCEDURES ARE TAKEN.
IF YOU NEED ADDITIONAL INFORMATION, PLEASE CALL ME AT 479-782-
8281 OR 479-629-2366.
THANK YOU
WEST -ARK TRUCK LEASING, INC. ,- ..
TEX BEAL
09/22/06 FRI 14:54 FAX 405447 PITCELYNN & MORSE • ti001
INDIAN COUNTRY
INVESTMENTS, LLC.
September 22, 2006
Mr. Gary Dumas
Director of Operations
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
RE: Fayetteville Transfer Station Agreement.
Dear Mr. Dumas:
It is my understanding that a few of the details of this transaction are slow in coming from
the leasing companies that must approve, or provide satisfactory assurance to the City of
Fayetteville of the effectiveness of our agreement to assign all of the transfer station related assets
of my companies, ICI and Feather Hauling Service, to the City in the event of a default in the
Agreement between the City and the Cherokee Nation.
I am providing this letter to affirm our commitment to the City for a seamless transition, in
spite of the leasing companies untimely assurance, and should a material default take place that
leads to the termination of the Agreement, both ICI and Feather will voluntarily transfer to the
City their rights and positions as to the trucks, trailers and heavy equipment that we have acquired
to perform this Agreement on behalf of the Cherokee Nation.
We appreciate the faith that you and other representatives of the City have shown in our
company to fulfill these commitments, and we are collectively excited about the opportunity to
serve the City of Fayetteville. I assure you that you will not be disappointed with the service we
provide.
Member
PUBox 427 • Norman. OK 73070 • office: 405.360.9631 • Fax: 405.44742 19
From: Yolanda Haney At: Brown 8 Brown Aaencv of Insurance Professionals FaxID: 9188252727 To: Peoov Vice Date: 2/162007 03:25 PM Pace: I of 2
• 1Ui-Ok
a 6 Brown Brown Agency of Insurance Professionals
a ` . 115 S. Adair P.O. Box 1320 Pryor, OK74362
918-825-7756 ext 164 fax 918-825-2727 email yhaney@bb-ok.com
LNSUI(AN Cl-
Agency of Insurance Professionals
Date: 2/16/2007 03:25:21
DNA
TO: Peggy Vice
FROM: Yolanda Haney
SUBJECT: Cherokee Nation certificate
MESSAGE:
Attached is a certificate of insurance for Cherokee Nation
evidencing all lines of coverage.
I will mail this original today.
Thanks,
Yolanda Haney
Commercial Lines CSR Assistant
Number of pages: 2
This facsimilie including all attachments, may contain legally privileged and confidential information intended solely for the use of the
addressee. If you are not the intended recipient, be advised that any unauthorized reading, distribution, dissemination, copying or other
use is strictly prohbited. If you have received this information in error, please immediallely notify the sender by telephone to arrange for
disposition.
From: Yolanda Haney At: Brown & Brown Agency of Insurance Professionals FaxID: 9188252727 To: Peggy Vice Date: 2/162007 03:25 PM Page: 2 of 2
• •
AC D,. CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMAXNYYYYI
CBERO-1 1 01/09/ 07
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Brown & Brown of Oklahoma
P.O. Box 1320
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pryor OX 74362
Phone:918-825-3295 Fax:918-825-2727
INSURERS AFFORDING COVERAGE
NAIC0
INSURED
INSURER A. Hudson Insurance Compare
INSURERS.
INSURER C:
Cherokee Nation
P.O. Box 948
Tahlequah OR 74465
INSURERD:
INSURER E:
THE POLICIES OF INSURANCE LISTED B0.ow MAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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
POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE (MwDD1fl
DATE Y
LErrs
A
GENERAL
LIABILITY
COMMERCIAL GENERALLIABIUTY
CLAIMS MADE X I OCCUR
$100,000 SIR
NAAOD020-06
10/01/06
10/01/07
EACH OCCURRENCE
a 5,000,000
PREMISES Daum,
Sn/a
X
MED EXP (Any aY person)
$included
X
PERSONAL&ADVNJURY
$5,000,000
GENERAL AGGREGATE
$ none
GENT
AGGREGATE LIMITAPPLIES PER
POucy PRO- LOG
PRODUCTS-COMPIOPAGG
s5,000,000
A
AUTOMOBEE
LIABILITY
ern urD
ALL OWNED AUTOS
SCHEDULED AUTO$
HATED AUTOS
NON -OWNED AUTOS
�eeACCC2C-06
10/Ol/C6
10/C1/07
COMBINED SINGLE LIMIT
(Eaemdert)
$5,000,000
X
BODILY INJURY
(Per person)
BODLLY INJURY
(Per acddMd)
$
X
X
PROPERTYDAMAGE
(Per auyden1)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY- EA ACCIDENT
$
OTHERTHAN EAACC
AUTO ONLY: AGO
$
$
ELCES UMBRELLA LLBRRY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
a
AGGREGATE
a
a
$
$
A
WORKERS COMPENSATION AND
Y
At1EYPLO Y PNOPRIE OBILIT YNEwEJECvmE
OFRCERMEMBEREXCWDEDT
Iryee, describe under
SPECIAL PROVISIONS telex
NAA00020-06
10/01/06
10/01/07
WLbTAIU
TORY LIMITS IXI
ER
E.L.EACHA DENT
$ 1000000
EL. DZE.AM-E.'E',POYE
11CCOCCC
E.L DISEASE- POLICY LIMB
$ 1000000
OTXFII
DESCRPTION OF OPERATIONS! LOCATIONS/VEHICLES I EXCLU5ONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Evidence of coverage only
CERTIFICATE HOLDER CANCELLATION
FAYET-1
SHOULD ANYOF TIE ABOVE DESCRIBED POUCIEB BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MUL 10 DAYS WRITTEN
City of Fayetteville
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIWRE TO DO BO SHALL
Attn: Peggy Vice
113 A. Mountain
IMPOSE NO OBLIGATION OR LIABIUTY OF ANY ICND UPON THE INSURER ITS AGENTS OR
Fayetteville AR 72701
REPRESERTATIYES.
AUTN DREPRE5 • A
��
ACORD 25 (2001108) CACORD CORPORATION 1988
V A .
(',lt a)/ /&46T tbt-Ob
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID Y DATE(MMIDD/YYYY)
CHERO-1 01 09 07
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Brown & Brown of Oklahoma
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 1320
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pryor OR 74362
Phone:918-825-3295 - 'Fax:918-825-2727 -
INSURERS AFFORDING COVERAGE r
NAICp
I
INSURED - -"'-' --
INSURER A: Hudson Insurance Company -
INSURER 8:
Cherokee Nation
INSURER C:
P.O. Box 948
Tahlequah OR 74465
INSURERD:
INSURER E:
i•,Jv cnMuca
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSRC
TYPE OF INSURANCE
POLICY NUMBER
DATE MMIUD/YY)
DATE MMIDD
LIMITS
GENERAL
LIABILITY
EACH OCCURRENCE
55,000,000
X
A
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
NAA00020-06
10/01/06
10/01/07
LJNiW,t It)
PREMISES Eeomrterce
Sn/a
MED EXP(Any one person)
$ included
X
PERSONALBADV INJURY
$5,000,000
$100,000 SIR
GENERAL AGGREGATE
$ none
GEN'L
AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMP/OP AGG
$5,000 000
POLICY JECT LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
NAAOOO2O-O6
10/01/06
10/01/07
COMBINED
acciNent) LE LIMIT
CDt)
o
$5r 000 000
r
X
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
,'
X
BODILY INJURY
(Per accident)
$
X
_
PROPERTY DAMAGE
(Per ecddent)
$
_
C-
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$ . ..—
OTHERTHAN EAACC
S
ANYAUTO
$
AUTO ONLY: AGG
EXCESS/UMBRELLA
LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
$
S
DEDUCTIBLE
$
RETENTION S
LLA
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORA'ARTNER/EXECUTNE
NAAOOO2OO6—"-lb/Dl/2O6
YO/Dl%O7
TORY LIMITS
I "I
ER
A IDENT
5100000
E.L. DISEASE - EA EMPLOYEES
1000000
OFFICERIMEMBER EXCLUDED?
II yes, despite under
SPECIAL PROVISIONS below
E.L. DISEASE- POLICY LIMB
$ 102060000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES 'EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS j: ECEIV ID
Evidence of coverage only
FEB262007
PURCHASING
CERTIFICATE HOLDER CANCELLATION
FAYET-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
City of Fayetteville
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
Attn: Peggy Vice
113 W. Mountain
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Fayetteville AR 72701
REPRESENTATIVES.
AUTH D REPRESE E
U
ACORD 25 (2001108)
V ACORD CORPORATION 1988