Loading...
HomeMy WebLinkAbout64-06 RESOLUTIONRESOLUTION NO. 64-06 A RESOLUTION AWARDING 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 FAYEI1bVILLE'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: By: DAN COODY, May ATTEST: By! SONDRA SMITH, City Clerk ...................'� A.-\ •. G�1 O,c •• P •-• z. • •-P� :FAYETTEVILLE: F. • �% Set. 'c` AGREEMENT TO TRANSPORT AND DISPOSE OF MUNICIPAL SOLID WASTE AND FOR OPERATION OF TRANSFER STATION This agreement is made and entered into this 1411), day of JQprt 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: I. 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 load 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; (j) 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 (1) 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/surveymost?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 govemmental 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 ATIONN Witnes ATTEST CIT n F FAYETTEVILLE Sondra Smith, City Clerk 4-€11/1f14. ``�� -€11 /TR"''i.,, =c:4 \S Y °;e. f.(0'° -U• •'T- E e.FAYETIEVILLE' V'''t;NGrON Cv$%%` "j/II111iiit • Brian Pugh 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: '/9 /64 to � "�l✓ ( reke,e- N411Di/ riiilne6gedote When 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 Fayettevilltss 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 n/a Program Category / Project Name lNln EN -414:9"L 'i41,Q tAt Remaining Balance Budget Adjustment Attached irector City Attorne Date Ubt, 31,4, Finance and Internal Service Director Mayor Comments: 31 .2.r/0G Date Date Prevl Origi Orig 2 • City Council Agenda Item To: Mayor and City Council From: Gary Dum 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`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 RESOLUTION NO. A RESOLUTION AWARDING 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. 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 municipaicr denttal and commercial waste at the City of Fayetteville's Transfer Station `A" rtS of the contract, marked Exhibit "A" is attached hereto and made a pa the eof! PASSED and APPROVED this 4th day of April, APPROVED: A1V GOODY, Mayor ATTEST: By OkibiMA SMITH, City Clerk �yy ave;.Levi ARKANSAS CITY 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 FAYETTEVILLE, 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 1. 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 4 of 18 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. SECURI1 Y 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 fumished 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 hid 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. Page6of 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 Website 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. 16: 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 anoint 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 rneets 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 ]3idder 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 swom 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 131d: (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 year. 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, will have the right to use said Disposal Site(s) under and for the duration of the Contract, but in any case, not Tess than ten (10) years. The Bidder will provide evidence satisfactory to the City, that assures the City of Fayetteville will have convenient, long-term 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. 19. CONTRACTORS EQUIPMENT Page 9 of 18 Contractor will guarantee to the City that Contractors 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 narked 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. 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 1.11 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 law. 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. I 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 14of18 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 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 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 $500,000 each occurrence Except Automobile $1,000,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Liability $500,000 each occurrence Environmental impairment $1,000,000 each occurrence Liability $3,000,000 aggregate Owner's Protective Liability $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 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 $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 BID GUIDELINES BIDDER'S FORM FOR TRANSPORT AND DISPOSAL OF SOLID WASTE PROVISION OF FAYETTEVILLE TRANSFER STATION/RECYCLING CENTER OPERATION OF TRANSFER STATION TO:. The Mayor and City Council of the City of Fayetteville. BID OF: Cherokee t'fcehi on (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 I 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 J. i 11 { 'lrc f ♦{��:• a �?I WVSS a � I.l Y_.!_iJJS '. f 1 ..} ��}}.. m !-1♦ im_ 1,y4. " W r�� .L._ 1 I� (\:J :�Y` i _- ia3+4la�tn' F -•� t _ +ri;i it }YTif y`t..♦f.+.Nl r. l Y 1 s"Y'�.'i'.�< rte-. ! Y [" eof�k''r.... ILl✓ jt �F'1 Jd4 r 1< kl fM1' �u x. ..�.yli3 .6t1.c�:ub1Ll yf l� ✓yWZ Li4 .3 i i `pN ii�'3 4.t ESI1 11 i.Iw& •1 r11 1 1 x `r _�i' " �r( l`r'>` v .=.Itvd`c i ")'L+l-=:.i�� r3,_ ,.,�3 4 y—.: :�-ai'� y'-✓,_.,_i.e._iz,i fll�k,r J lf.'S Ja <..? a r Y STk ' T 3F V+��=�ti 1fi11�' —•IL 1 1 1 11 f1♦'a�r4 yI^ n a �ly'j�=�i��`r_`y4L«�G� a .iil kY 3 Y q — '�� Ifl 4y_N IV7i ISM♦^IiV iS*. i f Y 9a in ary I '• '..s?. P;SJf._„1,.. .,.,1 `:., Jreu°f�.:g�L:x • �l.i S+�ifY 1 I'3"��frt L. J , j."4 1 4 >•��?`:_�'z"� ;,E. _4st.. v�. DATE 7 Ho-o(o BIDDER AND TITLE A r V-1C� -V 1� H c h ft rb o • SIGNATURE ( x A I� ADDRESS �O 1�OX EQ TQh le ju0 h j r% -1Lt1 k(6 TELEPHONE 21B-453-5bot2_ 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 l8of18 CHEROKEE NATION P.O. Box 948 Tahlequah, OK 74465-0948 918-453-5000 February 10, 2006 TO: Mayor and City Council Fayetteville, AR Chad "Corntassel" Smith O'iG7 Principal Chief Joe Grayson Jl.(`d) .7dbhra) 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 first treaties 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 Clarice Pearman - Res 64-06 Pa e t From: Clarice Pearman To: Pugh, Brian Date: 4.7.06 3:59PM Subject: Res 64-06 Brian, Attached is a copy of the above resolution passed by City Council, April 4, 2006. I have also attached a copy of the agreement with Cherokee Nation, I will forward to you via interoffice mail one of three originals. It is my understanding that Andrea Foren pick up one of the originals to give to Cherokee Nation yesterday. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki Fayet•evi. 113 W. Mountain ARKANSAS Fayetteville, AR 72701 Thursday, July 20, 2006 In regards to: Performance Security for City of Fayetteville Resolution 64-06 and contract for solid waste services Cherokee Nation Attention: Landfill / Doug Bane P.O. Box 809 Tahlequah, OK 74465 To Whom It May Concern: The Cherokee Nation is responsible for providing the City of Fayetteville with 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 the contract for solid waste services, but shall be authorized, at the election of Cherokee Nation, to replace the performance bond with an irrevocable 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 the contract and all costs of same shall be the responsibility of Cherokee Nation. This required performance security can be renewed on a yearly basis under the following conditions: 1.) Issuing firm of performance security instrument (bonding company or bank) shall notify the City of Fayetteville a minimum of forty-five (45) calendar days of their intentions of renewing the performance security instrument. 2.) In the event the performance security instrument is to be renewed, issuing firm shall send renewable instrument within fourteen (14) calendar days of the expiration of existing method of performance security. Such renewal can be postdated in an effort not to overlap the performance security instruments; however, such postdating procedures shall not leave any amount of time where the City of Fayetteville does not have means of performance security. 3.) All correspondence with the City of Fayetteville shall be sent to the following two (2) addresses listed below. All originals shall be sent to address listed as a.) and copies of all correspondence shall be sent to address listed as b.). City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Page! of 2 a. City of Fayetteville Attention: Director of Operations, Gary Dumas 113 W. Mountain Fayetteville, AR 72701 b. City of Fayetteville Attention: Purchasing Division 113 W. Mountain Fayetteville, AR 72701 Please let me know if you have any questions, comments, or concerns. Respectfully, Andrea Foren City of Fayetteville, Buyer Phone: (479)575-8220 E -Mail: aforen@ci.fayetteville.ar.us City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Page 2 of 2 Page 1 of 1 Andrea Foren - City of Fayetteville: Letter for Renewal of Performance Security From: Andrea Foren To: doug-bane@cherokee.org; Parris, John; Pitchlynn, Gary Date: 7/20/2006 12:40 PM Subject: City of Fayetteville: Letter for Renewal of Performance Security CC: Dumas, Gary; Foren, Andrea; Vice, Peggy Doug, Attached is a copy of the letter referencing the renewal of the performance security. I have also placed a hard copy of this in the mail. Please let me know if you have any questions or need anything else. Have a good day! Thank you. Andrea Foren City of Fayetteville, Buyer Phone: (479) 575-8220 Fax: (479) 575-$257 aforen@ci.fayetteville.ar.us www.accessfayetteville.org file ://C:\Documents and Settings\aforen.000\Local Settings\Temp\XPGrpWise\44BF79C6... 7/20/2006 �1k &\ t�9 -o9 ACORD, CERTIFICATE OF LIABILITY INSURANCE OPID DATEIMM'DD CHERO-1 11103/08 PRODUCER Broom & Brown Insurance P.O. Box 1320 Pryor OK 74362 Phone:918-825-3295 Fax:918-825-2727 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Cherokee Nation P.O. Box 948 Tahlequah OK 74465 INSURER A: Hudson Insurance CO an INSURER 3' _ INSURER C. IMSURERD. INSURER E COVFRAf9FS ii 105 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. IrISH LTR \UL) L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I DATE (NBNDDNY POLICY EXPIRATION DATE (NTWDDIYY LIMITS .- A e . GENERAL LIABILITY COMMERCIALGENERALLIABILITY NAA00020-08 10/01/08 lO/01/D9 EACH OCCURRENCE 510,000,000 X PREMISES (Ea oaurence) $included CLAIMS MADE X OCCUR MED EXP (Any one peson) $ included PERSONAL SADV INJURY S 10,000,000 GENERAL AGGREGATE S none GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP,OP AGO $10,000,000 POLICY JEa I I LOC A AUTOMOBILE LIABILITY ANY AUTO NAA00020-08 10/01/08 10/01/09 COMBINED SINGLE LIMIT (Ea accident) 510,000,000 X BODILY INJURY (Pct person) $ ALL OWNED AUTOS SCHEDULEDAUTOS X BODILY INJURY (Per accident) 5 HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE IPer acddent) S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S EAACC OTHER THAN 5 ANYAUTO S AUTO ONLY AGO EXCESSIUMBRELLALIABILIT Y I EACHOCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE ._ RETENTION 5 _ I 5 WORKERS COMPENSATION AND ITORYLIMITS X ER A EMPLOYERS LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NAA00020-08 10/01/08 10/01/09 EL. EACH ACCIDENT 51000000 EL. DISEASE- EA EMPLOYEE 51000000 If yyeess describe under SPECIAL PROVISIONS bc1o,v EL, DISEASE LIMIT I SIOOOO00 OTHER A Workers' Comp. NAA00020-08 10/01/08 10/01/09 CoverageA $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Evidence of coverage Re: Landfill CERTIFICATE HOLDER City of Fayetteville Attn: Peggy Vice 113 W. Mountain Fayetteville AR 72707 ACORD 25 (2001(08) FAYET-1 A REE y P RR&H.I DEPT. CITY OF FAYFTTEVILLE UANctLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO O THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ©ACORD 1 ACORD_ CERTIFICATE OF LIABILITY INSURANCE CREOPID RC) DAIONS4 R PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown & Brown insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pryor OK 74362 Phone: 918-825-3295 Fax:918-825-2727 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hudson Insurance Company INSURER a INSURER C: Cherokee Nation MSURERD. P.O. Box 948 Tahlequah OK 74465 INSURER E'. COVERAGES 1r6 �`1AhM 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 AFFOROFO RY THE POI.ICIFS OFSCRIRFDHFRFIN IS SIIRIFCTTO AI I. THE TFRMS, FXCI II.SIONS ANDCONOITIONS OE SIKH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE NMDDTY DATE MNSDDNY LIMITS GENERAL LIABILITY EACH OCCURRENCE $10,000,000 A COMMERCIAL GENERALLIABILTY NAA00020-07 10/01/08 10/01/09 X PREMISES(Eao iimnw) sincluded CLAIMS MADE O OCCUR MED EXP (Anyone person) S included PERSONALSADV INJURY 510,000,000 CENEILLLACCOEOATE C none GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 510,000,000 P POLICY IJECT I ILOG A AUTOMOBILE LIABILITY ANYAUTO NAA00020-07 10/01/08 10/01/09 COMBINEDSINCLE LIMIT (Eaaataent) 510,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE IPar and rdI $ GARAGE LIABILITY AUTO ONLY . EA ACCIDENT $ OTHER THAN EAACC S ANYAUTO S AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ❑ CLAIMS MADE AGGREGATE S $ S DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND ITORYLIMITS I I ER .E MPLOYERSLLOBILTY ANY PROPRIETORIPARTNERDEXECUTIVE ORTCERMIEMBER EXCLUDED? Z44C002D-0T �-o-/v1TDE w/D1709`- *T 5T000OOOy�—' EL. DISEASE - EAEMPLOYEE 51000000 If yes, desoibe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1000000 OTHER A Workers' Comp. NAA00020-07 10/01/08 10/01/09 C „era 3 $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS a % 6 Evidence of coverage Re: Landfill PLRC EEIVE OCT 20 10n3 LI Joj CItIYETTTTEyI OF FA CERTIFICATE HOLDER City of Fayetteville Attn: Peggy Vice 113 W. MuunLain Fayetteville AR 72701 FAYET-1 I 6140010 ANY OF THE ABOVE DESCRIDED POCK 6!EEA ICE L£D BEFORE THE EXARATK DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, TS AGENTS OR ACORD