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Home My WebLink About200-07 RESOLUTIONRESOLUTION NO. 200-07 A RESOLUTION AWARDING A CONTRACT TO ROLL -OFF SERVICES, INC. IN THE AMOUNT OF $6.00 PER TON FOR THE TEMPORARY HAULING OF MUNICIPAL, RESIDENTIAL AND COMMERCIAL SOLID WASTE. 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 Roll -Off Services, Inc. in the amount of $6.00 per ton for the temporary hauling of municipal, residential and commercial solid waste. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 20th day of November, 2007. APPROVED: ATTEST. By: DAN COODY, Mayor By: SO RA E. SMITH, City Clerk/Treasurer "' '' .0•111/11/7,,, iY oF•SGp% •' �AYETTEVILLE; • 5 • 4.3 p P nkiji 's° .5 1�A • . • J r' GTOkV %%%% City of Fayetteville Bid 07-77, Solid Waste Hauling Services CONTRACT This contract executed this 3_ day of December, 2007, between the City of Fayetteville, Arkansas, and Roll Off Service, Inc.. In consideration of the mutual covenants contained herein, the parties agree as follows: Roll Off Service, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid 07-77 as stated in Roll Off Service, Inc.'s bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid #07- 77, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Roll Off Service, Inc. based on their bid proposal in an amount not to exceed $6.00 per ton of solid waste hauled. Payments will be made after submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Roll Off Service, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 07-77 with the specifications and conditions typed thereon. Roll Off Service, Inc.'s bid proposal. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Roll Off Service, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Roll Off Service, Inc.. Roll Off Service, Inc. shall not assign its duties under the terms of this agreement. 6. Roll Off Service, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Roll Off Service, Inc. 's performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Roll Off Service, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, as an additional insured, showing that he or she carries the insurance stated in Bid 07-77 which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Roll Off Service, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by Roll Off Service, Inc. Roll Off Service, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Roll Off Service, Inc. with 7 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of theIchange in scope, cost or fees. WITNESS OUR HANDS THIS ,2()i^ DAY OF December, 2007. ATTEST: COMPANY SECRETARY �Q 2x /god BUSINESS ADDRESS .Low6LL, g 727'/s CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS DAN COODY, Mayor Attest: SONDRA SMITH, City Clerk �.."%%Rt( TRS''.. G� Gni Y OE SL,p :FAYETTEVILLE: S'!CANS:•\t 0;574/" •N T O /V %%%%%%% ROLL OFF SERVICE, INC. BY • NAME AN ITLE ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIOOTYY) ROLLO-1 12/04/07 NERD PRODUCER Rebsamen Insurance, Inc. (Fay) 1465 1. Joyce Blvd, Suite 205 Fayetteville AR 72703 Phone: 479-684-5250 Fax:479-684-5252 THIS CERTOICATE 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 NMC M _Bunn Roll off service, Inc. P.O. Box 1700 Lovell AR 72745-1400 INSL.RERA Redland Ins. Co 43095 INSURER American Intl Specialty B INSURER GENERAL INSURER LIABILITY CLAMSMADE Addl INSURER E COVERAGES TFE 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, TE INSURANCE AFFORDED BY THE POLICES DESCRIBED FEREIN IS SI/ELECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ELTRR NERD TYPE WORE TO THE CERTIFICATE HOLDER TAMED TO THE LEFT. BUT FALURE TO 00 SO SHALL WPM NO OBLIGATION OR LIABLT' OF ANY KIND LPON THE INSURER, RA AGENTS OR REPRESENTATIVES. AUIIIO�' 1 v IE�T POLICY NUMBER DATE (MWDDIY AFFECTIVE DATE (N( SWIMTEN LIMITS OF INSURANCE B GENERAL coMMEKA,GENERALLABILITY LIABILITY CLAMSMADE Addl X01983607 08/01/07 EACH OCCURRENCE $1/000,000 X 08/01/08 UP NWC I V MCNI CU PREMISES (Ea occrence) $100,000 X j OCCUR MED EXP (Any Mepersm) 15,000 X Blkt Ins/MOS PERSONOLBAWVINJURY 51.000.000 X CONTRACTUAL LIAB GENERAL AGGREGATE $2,000,000 GENE AGGREGATE POLICY LIMIT APPLES JECT PER LOC PRODUCTS- CONT/OPAGG $2,000,000 ' Ded Per 25,000 A AUTOMOBILE LIABILITY ANY AUTC ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Blkt Addl Insured RICAR0001120 08/01/07 08/01/08 COMBINED SINGLE LIMIT ( Edaccldertl $1,000,000 X BODILY INJURY (Per person) f X BODILY INJURY (Per nodal) $ X X PROPERTY DAMAGE (Per acc,aer0 5 Blkt Waiver Subro GARAGE LMBLRY AUTO AUTO ONLY- EA ACCIDENT $ OTHER AUTO THAN EA ACC $ ANY ONLY OGG S EXCESS/UMBRELLA LMSLTTY CLAIMS MADE EACH OCCURRENCE f OCCUR AGGREGKE $ $ 5 $ DEDUCTIBLE $ RETENTION WORKERS EMPLOYERS ANY OFFICERIMENeER I Xy95 SPECIKPRO'JISIO PROPRIETOR/PAFTNERIEX_CUTIVE QBserICB COMPENSATION AND LIABILITY EXCLUDED? VCIe r r toot. r&l. Sl All} TORY OMITS 01H- ER E L EACH ACCIDEN" 5 EL DISEASE EA EMPLOYEE S E L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATORS I YEICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ELATION ACORD 25 (2001108) CIOFFAl City of Fayetteville Attn: Gary Dumas 113 West Mountain Tayettevile AR 72701 POLICES BE CANCELLED BEFORE THE EXPIRATION SHOULD ANY OF THE ABOVE DESCRIBED DATE THEREOF, THE ISSLUNG INSURER WLL ENDEAVOR TO NAL 10 DAYS HATTER WORE TO THE CERTIFICATE HOLDER TAMED TO THE LEFT. BUT FALURE TO 00 SO SHALL WPM NO OBLIGATION OR LIABLT' OF ANY KIND LPON THE INSURER, RA AGENTS OR REPRESENTATIVES. AUIIIO�' 1 v IE�T ACORD 25 (2001108) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or atter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID NBN ROLLO-1 DATEOIMONYYYY) I 12/14/07 NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIE LEFT. BUT FALLNE TO DO SO BILL IMPOSE NO OBLIGATION OR LMSLITY OF ANY KND VON THE INSURER, ITS AGENTS OR REPRESENTAIWEB. PRODUCER Rebsamen Insurance, Inc. (Fay) 1465 Z. Joyce Blvd, Suite 205 Fayetteville AR 72703 Phone: 479-684-5250 Fax:479-684-5252 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATRON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIC 9 SOURED Roll P.O. Lowell Off Service, Inc. BOX 1700 AR 72745-1400 NSLRERA Redland Ins. Co 43095 NSLRERB American Intl Specialty DATE (S IDIYEXPIRAT WISER C INSURER GENERAL LIABILITY INSURER E COVERAGES 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 011 -ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY EC ISSUED CR MAY PERTAIN, T1E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ME TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS XION Min NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIE LEFT. BUT FALLNE TO DO SO BILL IMPOSE NO OBLIGATION OR LMSLITY OF ANY KND VON THE INSURER, ITS AGENTS OR REPRESENTAIWEB. I0. LTTRR NERD TYPE OF INSURANCE POLICY NUMBER EY@ » DATE DATE (S IDIYEXPIRAT LMS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 8 X coIK.ERCIA GErERALLASILITY 161983607 08/01/07 08/01/08 PREMISES (E °ccvecce) $ 100,000 X CLAMS MICE OCCUR MED EXP (Any one person) $5,000 X Blkt Addl Ins/NOS PERSONAL IS ADV INJURY 11,000,000 X CONTRACTUAL LIAB GENERAL AGGREGATE s2,000,000 GENU AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG 5 2 p000 p000 7 POLICY PRO - n ,ECT n LOC Ded Per 25,000 AUTOMOBILE LABILITY COMBINED SINGLE LIMIT $1,000,000 A k k ANY AUTO RICAR0001120 08/01/07 08/01/08 (Eaecciaart/ ALL OWNED ALTOS BODILY INJURY $ SCHEDULED AUTOS (Par parson' HIRED NJTOS BODIL! INJURY S NONOWNEDAUTOS (Par eccdel) Blkt Addl Insured PROPERTY DAMAGE Blkt Waiver Subro (Par accident) GARAGE LIABLRY MRO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG S EXCESSAJ&RELLA LIABILITY EACH OCCURRENCE S OCCUR ' CLAIMS MADE AGGREGATE f $ DEDUCTIBLE 1 RETENTION $ S WORKERS COSPENSATION NO WLS AIL - TORY LIMITS 1l4 ER EMPLOYERS LIABILITY ANY PROPRIETOR/PAATNER/FXECIRNE E L EACH ACCIDENT S OFFICER%AENEER EXCLUDED'? E L DISEASE EA EMPLOYEE $ I/Yn dearnbe trade, SPECIAL PROVISIONS ceiox E L DISEASE POLICY LIMB i OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSONS ADDED BY ENDORSEMENT 1 SPECIE. PROVISIONS CERTIFICATE HOLDER IS NAIAD AS ADDITIONAL INSURED BUT ONLY AS REQUIRED BY WRITTEN CONTRACT. THIS CERTIFICATE REPLACES CERTIFICATE DATED 12/4/07 CANCELLATION CIOFFAI City of Fayetteville Attn: Gary Dumas 113 West mountain Fayettevile AR 72701 DESCRIBED POLICES BE CANCELLED BEFORE TIE EXPIRATION SHOULD AIN OF TIE ABOVE GATE THEREOF. TIE BSLMNG INSURER WLL ENDEAVOR TO EMIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIE LEFT. BUT FALLNE TO DO SO BILL IMPOSE NO OBLIGATION OR LMSLITY OF ANY KND VON THE INSURER, ITS AGENTS OR REPRESENTAIWEB. ACORD 25 (2001108) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001!08) Brian Pugh Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts November 20th, 2007 City Council Meeting Date Solid Waste and Recycling AS ale 12E5 dkoici I06'7 //0617. D200 ,SIJ v� 0/101L, Division Action Required: Operations Department Staff requests awarding a contract to for the temporary service of hauling municipal, residential and commercial waste from the City of Fayetteville's Transfer Station to the Waste Management landfill in Tontitown $0.00 Cost of this request n/a Account Number n/a Project Number Budgeted Item Category/Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached n/a Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Gary Dumas Department Director City Attorney 11/9/2007 Date Finance and Internal Service Director I 1-13 -07 Date ddrs-7 Mayor ate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City CI k's Offic ENTERED t 1 Received in Mayor's Offce ENT4E0 Comments: City Council Agenda Item To: Mayor and City Council From: Gary Dumas Date: November 13, 2007 Subject: Temporary Solid Waste Hauling Contract Recommendation: Staff requests awarding a contract to for temporary hauling municipal, residential and commercial waste from the City of Fayetteville's Transfer Station to the Waste Management Landfill in Tontitown. The per ton rate is$ Background: The Cherokee Nation is the current provider for the operation of the transfer station, hauling services, and disposal of municipal waste for the City of Fayetteville. Due to issues between the Cherokee Nation and their subcontractor the Cherokee Nation Landfill at Stilwell has closed temporarily. The nation is honoring their contract with the City and is covering any expenses that we incur due to the loss of their subcontractor who operated the transfer station, provided the hauling services, operated the Nation's Landfill. Since October 8, the City has been self -hauling to the Waste Management Landfill, bypassing the Transfer Station. The Nation will repay the City for those expenses, including labor, fuel, vehicle costs, maintenance, etc. The Nation's timeframe for providing a permanent hauling solution is unknown as they resolve their subcontractor issues and define their best options for expanding and reopening the Landfill. With this timeframe unknown, the City needs to implement a temporary hauling solution which will keep our collection equipment out of the landfill. Our collection equipment is best utilized in conjunction with a transfer station rather than having to negotiate landfill roads, especially during wet weather, with the winter season nearing the approval of this contract is critical. Discussion: The temporary hauling contract with the costs reimbursed by the Cherokee Nation will allow the City's service to return to near normal as the Nation resolves its subcontractor and landfill issues. The contract will be subject to a 7 day cancellation notice to be utilized when Cherokee Nation has a permanent hauling solution in place. Waste will be taken from our Transfer Station to the Waste Management landfill in Tontitown. Budget Impact: None This is included in our current contract with the Cherokee nation. 1 of 1 11/9/2007 2:38:27 PM RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO IN THE AMOUNT OF $ PER TON FOR THE TEMPORARY HAULING OF MUNICIPAL, RESIDENTIAL AND COMMERCIAL SOLID WASTE 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 in the amount of $ per ton for the temporary hauling of municipal, residential and commercial solid waste. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 20th day of November, 2007. APPROVED: ATTEST: By: By: SONDRA E. SMITH, City Clerk/Treasurer DAN COODY, Mayor qf /VAi ( (f I s a ass, ,v Cpt (rt 1/-20-01 J Cot, 6-te.-fec mita pd - RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO ROLL -OFF SERVICES, INC IN THE AMOUNT OF $6.00 PER TON FOR THE TEMPORARY HAULING OF MUNICIPAL, RESIDENTIAL AND COMMERCIAL SOLID WASTE. 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 Roll -Off Services, Inc. in the amount of $6.00 per ton for the temporary hauling of municipal, residential and commercial solid waste. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 20th day of November, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer [ (11.27.07) Clarice Pearman - Roll -Off Services, Inc Page From: Clarice Pearman To: Pugh, Brian Date: 11.27.07 11:25 AM Subject: Roll -Off Services, Inc. Brian. The City Council passed a resolution to contract with Roll -Off Services, Inc. I do not have a signed agreement by Roll -Off. Please let me know when I may expect to receive the signed agreement I cannot finish processing the resolution until received. Have a good day. Thanks. Clarice 11.27.07 Clarice Pearman - Re: Roll -Off Services, Inc From: Carrol Hill To: Pearman, Clarice Date: 11.27.07 1:50 PM Subject: Re: Roll -Off Services, Inc. I believe that Gary Dumas is obtaining the signed agreement. » Clarice Pearman 11/27/07 11:25 AM »> Brian: The City Council passed a resolution to contract with Roll -Off Services, Inc. I do not have a signed agreement by Roll -Off. Please let me know when I may expect to receive the signed agreement. I cannot finish processing the resolution until received. Have a good day. Thanks. Clarice Page 1 12.14.07 Clarice Pearman - Roll Off Services Page 1 From: Clarice Pearman To: Pugh, Brian Date: 12.14.07 11:38 AM Subject: Roll Off Services Brian. Please let me know the status of the agreement with Roll -Off Services, Inc. It is getting to the end of the year and I would like to finish process Res. 200-07. Thanks for your help. Have a good day. Clarice Page 1 I 1(12.14.07) Clarice Pearman - Re: Roll Off Services From: Brian Pugh To: Pearman, Clarice Date: 12.14.07 3:41 PM Subject: Re: Roll Off Services CC: Hill, Carrol Clarice, I called Gary Dumas about this and he is suppose to be getting with Roll Off. I'll let you know something when I do. Thanks. Brian Brian Pugh Waste Reduction Coordinator Fayetteville Solid Waste and Recycling 479-718-7685 479444-3478 Fax »> Clarice Pearman 12/14/2007 11:38 AM »> Brian: Please let me know the status of the agreement with Roll -Off Services, Inc. It is getting to the end of the year and I would like to finish process Res. 200-07. Thanks for your help. Have a good day. Clarice 1(12.20.07) Clarice Pearman - Re: Roll off resolution Page 1 From: Clarice Pearman To: Pugh, Brian Date: 12.20.07 5:00 PM Subject Re: Roll off resolution Brian: Yes I received the contract and insurance. I'II forward one of two original agreements via interoffice mail when I have the processing completed. Happy Holidays! Thanks. Clarice »> Brian Pugh 12.20.07 4:50 PM »> Clarice, Did you get all you needed for the Roll Off resolution frau Gary? Brian Brian Pugh Waste Reduction Coordinator Fayetteville Solid Waste and Recyding 479-718-7685 479-444-3478 Fax _.. Pa9e 1 1 1(12.21.07) Clarice Pearman - Res. 200-07 From: To: Date: Subject: Attachments: Clarice Pearman Pugh, Brian 12.21.07 2:32 PM Res. 200-07 200-07 Roll Off Services Inc.pdf CC: Audit Brian: Attached is a copy of the above resolution passed by City Coundl, November 20, 2007. I will forward to you via interoffice mail one of two original agreements. Have a good holiday. Thanks. Clarke