HomeMy WebLinkAbout224-09 RESOLUTIONRESOLUTION NO. 224-09
A RESOLUTION AWARDING BID #09-61 AND APPROVING A
CONTRACT WITH WASTE MANAGEMENT OF ARKANSAS FOR
HAULING AND DISPOSAL OF MUNICIPAL WASTE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council of the City of Fayetteville, Arkansas hereby awards Bid
#09-61, and approves a contract, a copy of which is attached hereto an exhibit, with Waste
Management of Arkansas for hauling and disposal of municipal waste at a rate of $32.50 per ton.
PASSED and APPROVED this 3`d day of November, 2009.
APPROVED: ATTEST:
By: eOhddJ a /V n—
SO E SMITH Clerk/Treasu
ELD JO AN, Mayor City rer
. ..w \TY O SGS%
Les :•23:
:FAYETTEVILLE:
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• City of Fayetteville Staff Review Form •
David Jurgens
Submitted By
City Council Agenda Items
and
Contracts, Leases or Agreements
11/3/2009
City Council Meeting Date
Agenda Items Only
Solid Waste
Division
Action Required:
Utilities
Department
Approval of Bid #09-61 for a contract with Waste Management of Arkansas for hauling and disposal of municipal
waste for a rate of $32.50 per ton.
Cost of this request
5500.5040.5315.00
Account Number
Project Number
Budgeted Item
XX
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Transfer Station
Program Category! Project Name
Transfer Station
Program / Project Category Name
Solid Waste
Fund Name
Depa
City stt
irkctor
rney
Finance and Internal Services Director
ief of Staff
daisc,
Mayor
ovfoci
Date
�0=14-oq
Date
10 - IR-2o0q
Date
/0-17-0?
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
N/A
N/A
N/A
Received in City
Clerk's Office
Received in
Mayor's Office
Comments:
Revised January 15, 2009
Wee •
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
David Jurgens, Utilities Director
Carrol Hill, Solid Waste Director
City Council Meeting of November 3, 2009
From: Brian Pugh, Waste Reduction Coordin$tor
Date: 16 October 2009
Subject: Approval of Bid #09-61 for a contract with Waste Management of Arkansas for
hauling and disposal of municipal waste for a rate of $32.50 per ton.
RECOMMENDATION
Staff recommends approval of Bid #09-61 for a contract with Waste Management of Arkansas
for hauling and disposal of municipal waste for a rate of $32.50 per ton.
BACKGROUND
Cherokee Nation terminated the contract between the Nation and the City for solid waste
services including operation of the transfer station and scale house as well as hauling and
disposal of the waste on September 30, 2009. The Cherokee Nation provided solid waste
services to the City since September 2006. The contracted rate, after an early adjustment to
cover mandated fees, was $24.47 per ton. The City disposed of 53,614.44 tons of waste in 2008;
this volume was used in estimating 2009 and 2010 budgets.
DISCUSSION
Due to Cherokee Nation's departure, City staff assumed temporary operation of the Transfer
Station on October Is`, 2009 using short term contracts and agreements. Simultaneously, staff
developed specifications for the permanent operation.
The City received three responsive bids on September 29, 2009, shown below. The low bidder
for hauling and disposal services was Waste Management at $32.50 per ton, breaking down to
$24.50 per ton for disposal and $8.00 per ton for the haul to Eco Vista Landfill in Tontitown.
Contractor
Cost per Ton
2010 Estimate
Allied Waste Services
$ 50.00
$ 2,700,000.00
Marck Industries
$ 47.54
$ 2,567,280.00
Waste Management
$ 32.50
$ 1,755,000.00
BUDGET IMPACT
Funds for the acquisition of hauling and disposal services are budgeted in the Transfer Station
program, with an estimated 2009 cost of $145,250 and 2010 cost of $1,755,000. Sufficient funds
are available for 2009 and are included in the proposed 2010 budget.
• •
RESOLUTION NO.
A RESOLUTION AWARDING BID #09-61 AND APPROVING A
CONTRACT WITH WASTE MANAGEMENT OF ARKANSAS FOR
HAULING AND DISPOSAL OF MUNICIPAL WASTE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council of the City of Fayetteville, Arkansas hereby awards Bid
#09-61, and approves a contract, a copy of which is attached hereto an exhibit, with Waste
Management of Arkansas for hauling and disposal of municipal waste at a rate of $32.50 per ton.
PASSED and APPROVED this 3`d day of November, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas •
Bid 09-61, Solid Waste Transfer and Disposal Services
Contract
This Agreement is made and entered into this3ftc( day ofgzopis jr , 2009, by and between the City of
Fayetteville, Arkansas and Waste Management of Arkansas, Inc.
Terms & 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: 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 December 1st, 2009 or on the date the contract is
approved by the Fayetteville City Council. The parties shall have the option to renew this agreement for two (2)
successive five (5) year terms upon mutual written agreement. The option to renew can be made effective by
written notification from either party to the other party no later than ninety (90) days prior to the expiration of the
contract term. This contract will be subject to the annual appropriation of sufficient funds for this contract in the
budget by the Fayetteville City Council.
2. SCOPE OF SERVICE: The Contractor shall be responsible for the performance of all services reasonably
necessary to provide for the proper disposal of all of the residential and commercial waste generated within the
City of Fayetteville. Goods and services to be provided by Contractor under the terns of this agreement shall
include but not be limited to the following:
a) Transporting of all solid waste 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 hours after receipt of said
solid waste. The City of Fayetteville, as the Transfer Station operator, 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.
b) The Contractor shall provide an adequate number of vehicles, trailers and back up equipment
maintained in good physical condition and working order, all labor, supervision, equipment,
maintenance, fuel and necessary supplies to insure the daily systematic and orderly performance of all
services specified in the contract within the required time frame.
c) The Contractor will guarantee to the City of Fayetteville that Contractor's transport tractors, trailers
and any other equipment used in the transport of accepted solid waste will be maintained in a
mechanically sound, clean and uniformly 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
properly licensed and permitted by appropriate District, City, County & State authorities as required.
Additionally, transport tractors will be marked with the name and telephone number of the contractor
on each side of the vehicle.
d) Preparation of required reports to all government agencies, if applicable, with copies to City of
Fayetteville.
e) Contractor shall provide to the City of Fayetteville documented proof of disposal for each load. Such
documentation shall be provided to the City of Fayetteville with each invoice.
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 18 of 20
3. FEES: The prices and rates bid by the successful bidder shall be firm for the first two (2) years of the contract.
After the first 2 years of the contract, adjustments shall be made as follows: The cost per ton rate shall be
adjusted beginning December 1, 2011, by using the difference in the United States Department of Labor Index
For Goods and Services from September 2010 through August 2011. This adjustment using subsequent annual
USDL Index for Goods and Services numbers shall be used in December 2012 and December 2013. This
inflationary index or a full renegotiation of rates by the parties may be used for subsequent renewals of the
contract beyond the first five year period.
Payment shall be on a cost per ton basis. Measurement shall be from the City of Fayetteville's outbound scale
numbers.
4. SECURING FOR PERFORMANCE — BID SECURITY: 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 shall be in the amount of
twenty five percent (25%) of the total bid price for the first year of the contract. Said surety bond after the first
year shall be for twenty five percent (25%) of the previous year contracted volume.
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 corporate surety company duly authorized to do business in the State of
Arkansas. Bonds must be written by an "A" rated bonding company.
5. QUANTITIES: The City of Fayetteville makes no warranties as to the quantities of solid waste available for
transfer and disposal. The City of Fayetteville during the term of this contract shall deliver to City of
Fayetteville's 'I ransfer Station all of the municipal, residential and commercial solid waste streams collected by
the City of Fayetteville except recyclable waste recycled as such.
6. DISPOSAL_SITES• Contractor shall provide evidence satisfactory to the City of Fayetteville that the
Contractor shall at all times have a commitment for adequate landfill air space adequate to exceed the projected
needs of the waste to be disposed of hereunder during the term of the contract but in any case not less than 10
years. Disposal site will be in compliance with EPA Regulations, Subtitle "D" and any future subtitles or
regulations required of said site. Prior to any change by the contractor of disposal site the Contractor shall
provide documentation to the City of Fayetteville that such site meets specifications hereunder.
7. REPRESENTATION OF THE CITY OF FAYETTEVILLE: The City of Fayetteville represents that the City
of Fayetteville's Transfer Station is properly and fully permitted as a solid waste transfer station by all applicable
governmental authorities.
8. DEFAULT AND TERMINATION: Upon breach by either party to this Contract of any of its
material terns and conditions, the non -breaching party shall deliver written notice to the breaching party
of said breach. If the breaching party fails to cure the breach within sixty (60) days, the non -breaching
party shall be entitled to declare that the breaching party is in default and the contract terminated.
9. GENERAL SPECIFICATIONS: The terns and conditions of this Contract include each and every general
specification set forth hereinafter.
10. 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
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 19 of 20
• •
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.
11. FREEDOM OF INFORMATION ACT: City of Fayetteville contracts and documents prepared while
performing City of Fayetteville 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 protnpt and timely manner as prescribed in the Arkansas Freedom of
Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA
may be assessed for this compliance.
12. ATTACHMENTS: Bid documents referencing Bid 09-61, Solid Waste "Transfer and Disposal Services and
contractors bid submittal in response to Bid 09-61.
13. JURISDICTION AND VENUE: This agreement shall be interpreted and enforced pursuant to Arkansas law.
Jurisdiction and venue shall be in Washington County, Arkansas.
IN AGREEMENT with the provisions set out above, we sign our names below on this the 44 day of
AbAkatAttnl , 2009.
CITY OF FAYETTEVILLE, ARKANSAS
By:
CONTRAC 1(I R
l,z.4GE y �+2A-a5/&
Printed Name and Tide
ATTEST:
B
ompany Secreta
Nue I Orcie
Printed Name and Title
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 20 of 20
NELD JIaR.SAN
Mayor
Al I EST:
By:
Sundra Smith, City Clerk
CiSmat
•G
.7,:k.. -A
:FAYETTEVILLE: ii
s•9:QKANS:'\) ,�
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Contract Final Draft
D. 1
Waste Management Contract,
Bid #09-61
Page 4 of 24
This Agreement is made and entered into this day of , 2009, by and between the City of
Fayetteville, Arkansas and
Terms & Conditions
WITNESSETH: In consideration of the terms and conditions set forth below, which constitute good and
..enforceable a0110deratiorr, it Ls agreed:
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 December 1st, 2009 or on the date the contract is
. approved by the Fayetteville City Council. The parties shall have the option to renew this agreement for two (2)
successive five (5) year terms upon mutual written agreement. The option to renew cm be made effective by
written notification from either party to the other party no lata than ninety (90) days prior to the expiration of the
contract term. This contract will be subject to the annual appropriation of sufficient funds for this contract in the
budget by the Fayetteville City CormciL
2. SCOPE OF SERVICE. The Contractor shall be responsible for the performance of all services reasonably
necessary to provide for the proper disposal of all of the residential and commercial waste generated within the
City of Fayetteville. Goods and services to be provided by Contractor under the terns of this agreement shall
include but not be limited to the following:
a) Transporting of all solid waste 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 hours after receipt of said
solid waste_ The City of Fayetteville, as the Transfer Station operator, 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.
b) The Contractor shall provide an adequate number of vehicles, trailers and back up equipment
maintained in good physical condition and working order, all labor, supervision, equipment,
maintenance, fuel and necessary supplies to insure the daily systematic and orderly performance of all
services specified in the contract within the required time frame.
c) The Contractor will guarantee to the City of Fayetteville that Contractor's transport tractors, trailers
and any other equipment used in the transport of accepted solid waste will be maintained in a
mechanically sound, clean and uniformly painted manner at all times. There will be sufficient spare
equipment available to insure daily load ng transport, and disposal of all waste received at said
Transfer Station within the allotted time frame. All equipment provided by the Contractor will be
properly licenced and permitted by appropriate District, City, County & State authorities as required.
Additionally, transport tractors will be marked with the name and telephone number of the contractor"
on each side of the vehicle.
d) Preparation of required repots to all government agencies, if applicable, with copies to City of
Fayetteville.
e) Contractor shall provide to the City of Fayetteville documented proof of disposal for each load. Such
documentation shall be provided to the City of Fayetteville with each invoice.
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 18of20
• • D.1
Waste Management Contract.
Bid #0&61
Page 5 of 24
3. FEES: The prices and rates bid by the successful bidder shall be firm for the first two (2) years of the contract.
After the first 2 years of the contract, adjustments shall be made as follows: The cost per ton rate shall be
adjusted beginning December 1, 2011, by using the difference in the United States Department of Labor Index
For Goods and Services from September 2010 through August 2011. This adjustment using subsequent annual
USDL Index for Goods and Services numbers shall be used in December 2012 and December 2013. This
inflationary index or a full renegotiation of rates by the parties may be used for subsequent renewals of the
contract beyond the first five year period.
Payment shall be on a cost per ton basis. Measurement shall be from the City of Fayetteville's outbound scale
numbers.
4. SECURING FOR PERFORMANCE —1311D SECURITY: 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 shall be in the amount of
twenty five percent (25%) of the total bid price for the first year of the contract. Said surety bond after the first
year shall be for twenty five percent (25%) of the previous year contracted volume.
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 corporate surety company duly authorized to do business in the State of
Arkansas Bonds must be written by an "A" rated bonding company.
5. OUANTITIES: The City of Fayetteville mattes no warranties as to the quantities of solid waste available for
transfer and disposal. The City of Fayetteville during the term of this contract shall deliver to City of
Fayetteville's Transfer Station all of the municipal, residential and commercial solid waste streams collected by
the City of Fayetteville except recyclable waste recycled es such.
6. DISPOSAL Si i tS: Contractor shall provide evidence satisfactory to the City of Fayetteville, that the
Contractor shall at all times have a connnitment for adequate landfill air space adequate to exceed the projected
needs of the waste to be disposed of hereunder during Oro term of the contract but in any case not less than 10
years. Disposal site will be in compliance with EPA Regulations, Subtitle "D" and any future subtitles or
regulations required of said site. Prior to any change by the contractor of disposal site the Contractor shall
provide documentation to the City of Fayetteville that such site meets specifications hereunder.
7. REPRESENTATION OF THE CITY OF FAYETI'EVILLE: The City of Fayetteville represents that the City
of Fayetteville's Transfer Station is properly and fully permitted as a solid waste transfer station by all applicable
governmental authorities.
8. DEFAULT AND TERMINATION: Upon breach by either party to this Contract of any of Its
material terms and conditions, the non -breaching party shall deliver written notice to the breaching party
of said breach. If the breaching party fails to cure the breach within sixty (60) days, the non -breaching
party shall be entitled to declare that the breaching party is in default and the contract terminated.
9. GENERAL SPECIFICATIONS: The terms and conditions of this Contract include each and every general
specification set forth hereinafter.
10. ADMINISTRATIVE PROVISIONS- This agreement constitutes the entire agreement between the parties and
there are no representations, warranties, promises, covenant, 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 imine to. the
benefit of the patties hereto, their successors, assigns and representatives. This agreement may be assigned by
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 19 of 20
D. 1
Waste Management Contract,
Bid #09-61
Page 6 of 24
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 fun and proper
authority to execute this agreement on behalf of the parties so represented.
I I FREEDOM OF INFORMATION ACT. City of Fayettevilk contracts and documents prepared while
performing City of Fayetteville contractual work an 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. f25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA
may be assessed for this compliance.
12. ATTACHMENTS i Bid documents referencing Bid 09.61, Solid Waste Transfer and Disposal Services enc
gonmtcton bid submittal in response to Bid 09-61.
13. JURISDICTION AND VENUE: This agreement shall be interpreted and enforced pursuant to Arkansas law.
Jurisdiction and venue shall be in Washington County, Arkansas.
IN AGREEMENT with the provisions set out above, we sign ow names below on this the _ day of
2009.
CITY OF FAYETTEVILLE, ARKANSAS
By:
CONTRA LIONELD JORDAN
+e y ScA-:;1E2
Printed Name and Title
ATTEST:
B
iik -Asa AAP
ompany Secreta
lane Torrto
Printed Name and Title
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 20 of 20
Mayor
ATTEST:
By:
Sondra Smith, City Clerk
CITY OF FAYETTEVILLE
VN
0
Bid 09-61, Solid Waste Transfer and Disposa
•
$2,700,000.00
Allied Waste Services
$2,587,680.00
2 Marck Industries, Inc.
$1,755,000.00
Waste Management of Arkansas, Inc.
'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
w
oa
O
0
CERTIFIED:
w
z
H
*Wye raweeMerrr
Weterrille
INVITATION TO BID
City of Fayetteville, Arkansas
Purchasing Division — Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID: BID 09-61, Solid Waste Transfer and Disposal Services
DEADLINE: Tuesday, September 29, 2009 at 2:00 PM, Central Standard Time
DELIVERY LOCATION: Room 306 —113 W Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Andrea Foren, CPPB, aforen(c.cl.fayettevllle.ar.us, 479.575.8220
DATE OF ISSUE AND ADVERTISEMENT: Issued: 09/18/09 —Advertised 09/14/09 & 09/21/09
INVITATION TO BID
BID 09-61 Solid Waste Transfer and Disposal Services
No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled "Bid 09-61, Solid
Waste Transfer and Disposal Services° with the name and address of the bidder.
All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid
documents attached hereto. Each bidder is required to FII in every blank and shall supply all
information requested; failure to do so may be used as basis of rejection.
A Pre -Bid Conference for all Bidders will be held at the Solid Waste & Recycling Division, 1560
South Happy Hollow Road, Fayetteville, AR on Wednesday. September 23, 2009, 2:00 p.m.
The City of Fayetteville will answer any questions and update all Bidders.
NOTICE TO ALL BIDDERS:
All bidders should register as an interested party by notifying Andrea Foren, City Purchasing Agent
via e-mail at aforenc ci.favetteville.ar.us. When registering as an interested party, bidders shall
submit primary contact Information including name of bidder, primary contact person, phone number,
fax number, and physical address.
Bidder assumes all responsibility for receiving updates and any addenda issued to this project by
monitoring www.accessfavetteville.orq. Failure to acknowledge addenda issued as instructed could
result in rejection of such bid.
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 1 of 20
• •
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Bid Form
NOTE: All bids shall include a $50, 000 bid security in the form of a certified
cashiers check or bid bond.
Item
Description
Price per ton
Estimated
Tons per year
Total Bid Price
per year
Transport & Disposal
BOTH
-.s
r{
v
1
Disposal
$ 2'-4 50
$ $ , 00
54,000
54,000
a35
za
>'�F t
' ..n;.
�
2
Transport
Total Bid
$ 32 e 50
X
54,000
=
$ 1 ,755, Occ
ALL BIDDERS AGREE TO THE FOLLOWING:
1.) ITEMS BID SHALL BE INCLUSIVE OF ALL COST (INCLUDING ANY APPLICABLE
TAXES, FEES AND SURCHARGES INCURRED BY BIDDER FOR CONDUCTING
BUSINESS).
2.) Price Increases: The prices and rates by the successful bidder shall be firm for the first three (3)
years of the contract. After the first 3 years of the contract, adjustments can be requested as
further outlined.
3.) Bid security: All Bids shall include a $50,000 bid security in the form of a certified cashiers
check or bid bond.
4.) Bids will be evaluated on the total for Items 1 and 2 combined and will be awarded to a single
contractor, all or none.
5.) Bids 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.
6.) Any subcontractor, sub -hauler, etc. shall meet all contract requirements of contractor.
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 2 of 20
• •
EXECUTION OF BID - Upon signing this Bid, the bidder certifies that they have read and
agree to the requirements set forth in this bid proposal, including specifications, terms and
standard conditions, and pertinent information regarding the articles bemg bid on, and agree to
furnish these articles at the prices stated. Unsigned bids will be rejected. Items marked * are
mandatory for consideration.
*LOCATION OF DISPOSAL SITE: cis) \l t SVA La*.ty O F t t_t_
*METHOD OF DISPOSAL: S,4i4 tT'4jz-1/4/ LA"1''0Ftt-Ltt' I
*NAME OF FIRM: WASTE I Me4t 8e- sotraem‘ C.
*BUSINESS ADDRESS: Io4 1 CAW -30 A -c. ty5 A"/E."1 UE
roGD�1l� `STATE: g-Cc1G4,,4S43 *ZIP: '-12-762
FAX: 4 iS'_ 36 I — S08 S.-
W m, c.£) nn
*CITY:
*PHONE: +-7C-11- 310 I — 20 49
*E-MAIL ADDRESS: g41-14 $ V'4 @
*BY :( PRINTED NAME) I RAC. €
*AUTHORIZED SIGNATURE: %" �� ` V / C.t� PZES *TITLE: I�PriLILlf;T 41154 tES1P€i,..1T
Attach all addenda, answers, additions, deletions, modifications, and statements to this
specification here. This attachment shall become part of the Bid and Bid Document.
Acknowledge all Addendums below:
Addendum #
Addendum #
Addendum #
Addendum #
Addendum #
Dated:
Dated:
Dated:
Dated:
Dated:
Initials:
Initials:
Initials:
Initials:
Initials:
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 3 of 20
• •
Mc�SEIBELS & WILLIAMS OF TEXAS. INC.
811 Town & Country Lane, Suite 500 • Houston, Texas 77024 • TEL— (713) 877-8975 • Fax— (713) 877.8974.
September 22, 2009
Wayne Rathbun
Eco -Vista LLC
18633 Stuffs Road WC865
Springdale, AR 72765
RE: Bid Bond — City of Fayetteville
Bid Date: September 29, 2009
Please find enclosed your requested bid bond and/or consent of surety, as captioned. Should you
have any questions, please feel free to give us a call. Good luck!
e d�
/at
a nn (�arci
Seni r Account Service Representative
•
G2/,om Mary Am Cncia 2OOPLnIatMd.C000av Cover Lmn.Eoc
• •
•
Western Surety Company
September 29, 2009
City of Fayetteville
Purchasing Division
113 W Mountain
Fayetteville, AR 72701
RE: Principal: Eco -Vista LLC
Bid Date: September 29, 2009
Description: Bid 09-61 Solid Waste Transfer and Disposal Services
Consent of Surety
To Whom It May Concern:
It is our understanding that Eco -Vista LLC will submit a bid for the above described job.
We, Western Surety Company, hereby agree that in the event an award is made to Eco -Vista LLC, on the
project as captioned, we will execute the necessary Performance and Payment Bonds that will be required.
Sincerely,
/tc r'
arciAtttto ey-in-Fact
Western Surety Company
• •
'Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY. a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal halo affixed hereby
make, constitute and appoint
Marc W Boots, Joy Durham, Stephen R Smith, Vickie Lacy, Richard Covington, Mary Ano
Garcia, P T Osburn, Maria D Zuniga, Misty Clark, Stephanie Gunderson, Heather Notes,
Kristin Hager, Individually
of Houston, TX, its true and lawful Atton,ey(s}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its bchaV bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments wen signed by a duly authorized officer of the corporation and all the acts of said
.—_ AuemeY7Ws !o4M.a UtesittyllalbItytkeieharpy ratified and-eonfiehr`---
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shwrholdea of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 22nd day of July, 2009.
State of South Dakota
County of Minnehaha
l
SS
WESTERN SURETY COMPANY
Paul . Bruflat, Senior Vice President
On this 22nd day of July, 2009, before me personally came Paul T. Brutal, to me known, who, being by me duly sworn, did depose and say that he
resides in the City of Sioux Falls, State of South Dakota that he is the Salim Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such cooperate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledge same to be the act and deed of said corporation.
My commission expires
November 00, 2012
D. KRELL
NOTARY PUBLIC
SOUTH DAKOTA
a
1
•t
r
•
a
CERTIFICATE
I, L. Nelson, Assistant Seuetary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the Bylaw of the corporation affixed
on the reverse roof is ill in fo e. In testimony whereof 1 have hereunto subscribed
p a 2
my name and axcd the seal of the said corporation this<2e. day �lN.l-� of fr t/(✓(] C J.
ram, FI280.09•06
WESTERN SURETY COMPANY
/ L Nelson, Assistant Secretary
• •
•
Authorizing By -Law
ADOPTED BY TI -IE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertaking; Powcrs of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The Presided, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
•
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit A
attached hereto (individually, the "Corporation"), has constituted and appointed and does hereby
constitute and appoint Marc W. Boots, Richard Covington, Mark W. Edwards 11, Robert R. Freel, Mary
Ann Garcia, Vickie Lacy, P.T. Osbum, Alisa B Pounders, Stephen R. Smith and Maria D. Zuniga of
McGriff, Seibels & Williams of Texas, Inc., each its true and lawful Attomey-in-fact to execute under
such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety
thereon or otherwise, bonds of any of the following classes, to wit:
Surety bonds to the United States of America or any agency thereof,,
including lease and miscellaneous surety bonds required or permitted
tn,d,.., the- laws, ordinances -or regulations of any State, City: -Town'
Village, Board or any other body or organization, public or private.
Bonds on behalf of contractors in connection with bids, proposals or
contracts.
The foregoing powers granted by the Corporation shall be subject to and conditional upon the written
direction of any officer (or any designee of any such officer) to execute and deliver any such bonds.
The signatures and attestations of such Attorneys -in -fact and the seal of the Corporation may be affixed to
any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or
certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Corporation when so affixed.
IN WITNESS WHEREOF, the Corporation has caused these presents to b si ned y its Vice
Pre nt, F. ante a Treasurer, and its corporate seal to be hereto affixed this day of
2 �4n It-/ , 2009.
Witness:
Donna L. Meals
D'rector, Financial Assuranle
Waste Management, Inc.
erie C. Rice
Vice President, Finance and Treasurer
Revised 12/19:05
BID BOND
Conforms with The American Institute of
Architects, A.I.A. Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, Eco -Vista LLC
and the Westem Surety Company
as Principal, hereinafter called the Principal,
of Sioux Falls, SD , a corporation duly organized under
the laws of the State of South Dakota
, as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Fayetteville as Obligee, hereinafter called the Obligee,
in:thcstmigf EiftKThousantandO01100:_ ',--.-.-..... ----_r
•
Dollars (S 50,000.00 ) , for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fmrtly by these presents.
WHEREAS, the Principal has submitted a bid for Bid 09-61 Solid Waste Transfer and Disposal Services
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this
29th day of
6,f,W‘`VOA 41C-49Qb
Heather Noles Witness
Vickie Lacy
Witness
September
Eco—Vista LLC
2009
(Seal)
Principal
Maria D. Zuniga, Attorney-in-fact
Western SuretyCompa
Title
s-O054/GEEF 17/00
FRP
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 229-19
File Number: 2019-0628
WASTE MANAGEMENT OF ARKANSAS, INC.:
A RESOLUTION TO EXERCISE THE SECOND FIVE YEAR OPTION TO RENEW THE
AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR SOLID WASTE
TRANSFER AND DISPOSAL SERVICES
WHEREAS, on November 3, 2009, the Fayetteville City Council passed Resolution No. 224-09 which
approved a five year contract with Waste Management of Arkansas, Inc. for solid waste transfer and
disposal services, subject to the annual appropriation of sufficient funds by the City Council, with two
successive five year options to renew; and
WHEREAS, on November 16, 2014, the Fayetteville City Council passed Resolution No. 194-14 which
approved the exercise of the first five year option to renew; and
WHEREAS, both Waste Management of Arkansas, Inc. and the City now desire to exercise the second
five year option to renew pursuant to Section 1 the Agreement; and
WHEREAS, the City Administration recommends that the City Council authorize renewal of the next
five year term to this Agreement.
NOW, THEREFORE, 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 agrees that it is in the
best interest of our citizens to exercise, along with Waste Management of Arkansas, Inc., the option to
renew the original Agreement for a third five year period under the terms of the original Agreement and
Page 1 Printed on 10/16/19
File Number 2019-0628
Resolution 229-19
authorizes Mayor Jordan to sign the second amendment to the Agreement.
PASSED and APPROVED on 10/15/2019
Attest:
1v111,_
Lisa Branson, Deputy Ci ��g� TR�zzi,
FAYETTEVILLE:'
•'�ys'.,QkANsp,. Jam`.
i ?5 O ��
Page 2 Printed on 10/16(19
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0628
Agenda Date: 10/15/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 2
WASTE MANAGEMENT OF ARKANSAS, INC.:
A RESOLUTION TO EXERCISE THE SECOND FIVE YEAR OPTION TO RENEW THE
AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR SOLID WASTE
TRANSFER AND DISPOSAL SERVICES
WHEREAS, on November 3, 2009, the Fayetteville City Council passed Resolution No. 224-09 which
approved a five year contract with Waste Management of Arkansas, Inc. for solid waste transfer and disposal
services, subject to the annual appropriation of sufficient funds by the City Council, with two successive five
year options to renew; and
WHEREAS, on November 16, 2014, the Fayetteville City Council passed Resolution No. 194-14 which
approved the exercise of the first five year option to renew; and
WHEREAS, both Waste Management of Arkansas, Inc. and the City now desire to exercise the second five
year option to renew pursuant to Section 1 the Agreement; and
WHEREAS, the City Administration recommends that the City Council authorize renewal of the next five year
term to this Agreement.
NOW, THEREFORE, 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 agrees that it is in the best interest
of our citizens to exercise, along with Waste Management of Arkansas, Inc., the option to renew the original
Agreement for a third five year period under the terms of the original Agreement and authorizes Mayor Jordan
to sign the second amendment to the Agreement.
City of Fayetteville, Arkansas Page 1 Printed on 1011612019
Peter Nierengarten
Submitted By
City of Fayetteville Staff Review Form
2019-0628
Legistar File ID
10/15/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/20/2019
Submitted Date
SUSTAINABILITY/RESILIENCE (631)
Division / Department
Action Recommendation:
Approval of a 5 -year term contract renewal with Waste Management of Arkansas for hauling and
disposal of municipal solid waste
Various
Account Number
Budget Impact:
Recycling and Trash Collections
Fund
Project Number Project Title
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance $ -
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget $ -
V20180321
Purchase Order Number: 2018-000554 Previous Ordinance or Resolution 224-09; 194-14
Change Order Number:
Original Contract Number
3
Approval Date:
Comments: The current budget and item cost cells have been left blank due to the fact that funds for the hauling and disposal of municipal
waste are budgeted in various programs and multiple accounts within the Recycling & Trash Collection Fund. Also, because this
contract renewal spans multiple years, future year budgets are unknown at this time.
CITY OF
FAYETTEVILLE
14'V
ARKANSAS
MEETING OF OCTOBER 15, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Peter Nierengarten, Environmental
DATE: Director September 20, 2019
SUBJECT: Waste Management Contract Renewal
CITY COUNCIL MEMO
RECOMMENDATION:
Staff recommends the approval of a 5 -year term contract renewal with Waste Management of
Arkansas for hauling and disposal of municipal solid waste
BACKGROUND:
In November 2009, the Fayetteville City Council passed Resolution 224-09 approving a contract with
Waste Management of Arkansas or the hauling and disposal of municipal waste from the City's
transfer station. The term of the original contract was for 5 -years and included a provision for the
option to renew for 2 successive 5 -year terms upon mutual written agreement. The first renewal was
executed on November 6, 2014 by Resolution 194-14.
DISCUSSION:
Having completed the first and second 5 -year terms of the contract in a successful manner, both
parties agree to exercise the provision in the contract for a final 5 -year term thru December 31,
2024.
Terms of the 5 -year agreement include:
• City will continue paying the current transportation and disposal rate of $39.26 per ton
through December 31, 2019
• City agrees to pay Waste Management a transportation and disposal rate of $41.22 starting
on January 1, 2020 — this is a 5% rate increase
• Beginning on January 1, 2021 and each January 1 thereafter the per ton transportation and
disposal rate price shall be adjusted according to the Consumer Price Index (CPI) sub -index
for Water, Sewer, Trash Collection (WST)
• The WST index increase shall look at the increase for the previous 12 months
• The average tonnage of loaded trucks leaving the City's transfer station shall be 22 tons
BUDGET/STAFF IMPACT:
Funds for hauling and disposal services are budgeted in the Recycling and Trash Collection fund.
Attachments:
Second Contract Renewal
First Contract Renewal (includes original contract)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
SECOND AMENDMENT TO THE CITY OF FAYETTEVILLE ARKANSAS SOLID
WASTE TRANSFER AND DISPOSAL SERVICES CONTRACT
This Second Amendment to the City of Fayetteville, Arkansas Solid Waste Transfer and
Disposal Services Contract (hereafter the "Amendment") is entered into as of the day of
QC,. Q1 `r 2019, by and between the City of Fayetteville (the "City"), and Waste
Management of Arkansas, Inc. (the "Contractor or Waste Management").
WITNESSETH:
WHEREAS, the City of Fayetteville and Waste Management have previously entered
into a certain Agreement for Solid Waste Transfer and Disposal Services, dated on or about
November 3, 2009, and amended on October 15, 2014 (collectively the "Contract") whereby
Waste Management was granted the right to provide solid waste transfer and disposal within the
City, as more particularly set forth in the Contract; and
WHEREAS, the City and Waste Management desire to modify the Contract, as more
particularly set forth below.
NOW, THEREFORE, for and in consideration of the good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. The City and Waste Management agree to extend the term of the Contract for five
additional years so that the new Contract termination date is December 31, 2024. This
Contract is subject to the annual appropriation of sufficient funds for this Contract in the
budget by the Fayetteville City Council.
2. Section 3 of the Contract entitled "Fees" is hereby superseded and replaced with the
following language:
A. City agrees to pay Waste Management the current rate of $39.26 per ton
through December 31, 2019
B. On January 1, 2020, the City agrees to pay Waste Management $41.22 per
ton for transportation, hauling and disposal. Beginning on January 1, 2021
and on each January 1 thereafter, the per ton price shall be adjusted by the
percentage that the Consumer Price Index (CPI -U), US City Average for
All Urban Consumers (current series), Water, Sewer, Trash Collection,
Not Seasonally Adjusted, Base Period December 1997=100 Series ID
CUUROOOOSEHG (CPI)
(https://beta.bls.Qov/dataViewer/view/timeserieslCUUROOOOSEUGI has
increased during the preceding twelve-month period for which the
data has been published. If the above CPI ceases to be published, the
parties agree to substitute another equally authoritative measure of change
in the purchasing power of the U.S. dollar as may be then available so as
to carry out the intent of this provision. Waste Management shall
Page 1 of 3
Contract for Solid Waste Transfer and Disposal Services, Amendment 2
Bid 09-61
coordinate with the City in writing prior to any implementation of any CPI
-U price adjustment. Such coordination shall include the amount of the
price adjustment, documentation substantiating the CPI published
numbers, and the date the adjusted price takes effect. The City and Waste
Management shall mutually agree on any increase, including calculation
accuracy on CPI or other equally authoritative measure as applicable, prior
to any price adjustment.
C. Price adjustment shall be calculated using the following:
CPI for current period, Less CPI for previous period Equals index point
change. Divide index point change by previous period CPI. That result
shall be multiplied by 100 to equal the percent change in the price per ton
rate. Example, provided by the Bureau of Labor Statistics, is shown
below or can be found at
https:/Iwww.bls.gov/cpi/factsheets/escalation.htm:
CPI for current period
232.945
Less CPI for previous period
229.815
Equals index point change
3.130
Divided by previous period CPI
229.815
Equals
0.0136
Result multiplied by loo
0.0136 x loo
Equals percent change
1.4%
3. Section 2(a) of the Contract is hereby amended to read as follows:
A. Transporting of all solid waste 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 hours after receipt
of said solid waste. The City, as the Transfer Station operator, 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 City agrees to load solid
waste in such a way that the total annual tonnage of material loaded
divided by the total number of trailer loads in that year equals at least 22
tons.
4. Nothing contained herein shall be deemed to amend or modify the Contract except as
expressly set forth herein. In the event of a conflict between the terms of the Contract
and this Amendment, the terms of this Amendment shall control.
IN WITNESS WHEREOF, this Second Amendment has been executed as of the date first set
forth above.
Page 2of3
Contract for Solid Waste Transfer and Disposal Services, Amendment 2
Bid 09-61
CITY:
CITY OF FAY,4TTEVILLE, ARKANSAS
Attest:
Sondra E. Smith, City
CONTRACTOR:
WASTE MANAGEMENT OF
ARKANSAS, INC.
By: �: �/�/ N
Eddie McManus, Area Vice President
Ge+tC�
erx `j,niir►r►J���
�� RK
)'A YE rr•��_
le /IN
S Pte', • ��,�:
11O 11111%0
Page 3 of 3
Contract for Solid Waste Transfer and Disposal Services, Amendment 2
Bid 09-61
RESOLUTION NO. 194-14
A RESOLUTION TO EXERCISE THE FIVE YEAR OPTION TO RENEW THE
AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR
SOLID WASTE TRANSFER AND DISPOSAL SERVICES
WHEREAS, on November 3, 2009, the Fayetteville City Council passed Resolution No.
224-09 which approved a five year contract, subject to the annual appropriation of sufficient
funds by the City Council, with two successive five year options to renew; and
WHEREAS, both Waste Management of Arkansas, Inc. and the City now desire to
exercise the first five year option to renew pursuant to Section 1 the Agreement; and
WHEREAS, the City Administration recommends that the City Council authorize
renewal of the next five year term to this Agreement.
NOW, THEREFORE, 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 agrees that
it is the best interest of our citizens to exercise, along with Waste Management of Arkansas, Inc.,
the option to renew the original Agreement for a second five year period under the terms of the
original Agreement and authorizes Mayor Jordan to sign the first amendment to the Agreement.
PASSED and APPROVED this 6' day of November, 2014.
TTEST:
LISA BRANSON, Deputy City Clerk
`�`� ��RK•/ TRS, '��
FAYETTEVILLE: r
City of Fayetteville, Arkansas 113 West Mountain Street
'K�;;i^:'t•, Fayetteville, AR 72701
479-575-8323 TDD -
Cy3" j 479-521-1316
r' Text File
File Number: 2014-0449
Agenda Date: 11/6/2014 Version: 1 Status: Passed
In Control: City Council File Type: Resolution
Agenda Number: A. 7
A RESOLUTION TO EXERCISE THE FIVE YEAR OPTION TO RENEW THE AGREEMENT
WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR SOLID WASTE TRANSFER AND
DISPOSAL SERVICES
WHEREAS, on November 3, 2009, the Fayetteville City Council passed Resolution No. 224-09 which
approved a five year contract, subject to the annual appropriation of sufficient funds by the City
Council, with two successive five year options to renew; and
WHEREAS, both Waste Management of Arkansas, Inc. and the City now desire to exercise the first
five year option to renew pursuant to Section 1 the Agreement; and
WHEREAS, the City Administration recommends that the City Council authorize renewal of the next
five year term to this Agreement.
NOW, THEREFORE, 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 agrees that it is the best
interest of our citizens to exercise, along with Waste Management of Arkansas, Inc., the option to renew
the original Agreement for a second five year period under the terms of the original Agreement and
authorizes Mayor Jordan to sign the first amendment to the Agreement.
City of Fayetteville, Arkansas Page 1 Printed on 1117/2014
Jeff Coles
Submitted By
City of Fayetteville Staff Review Form
2014-0449
Legistar File ID
11/6/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/15/2014 Recycling & Trash Collection /
_ Transportation Services Department
Submitted Date Division / Department
Action Recommendation:
Approval of a 5 year term contract renewal with Waste Management of Arkansas for hauling and disposal of
municipal waste.
Budget Impact:
Various Recycling and Trash Collection
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Current Budget $ -
Funds Obligated $ -
Current Balance $ -
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution # 224-09
Original Contract Number: Approval Date:
Comments: The current budget and item cost cells have been left blank due to the fact that funds for the hauling
and disposal of municipal waste are budgeted in various programs and multiple accounts within the
Recycling & Trash Collection Fund. Also, because this contract renewal spans multiple years, future year
budgets are unknown at this time.
CITY OF
Ta.Vl.le y4e
ARKANSAS
MEETING OF NOVEMBER 6, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Terry Gulley, Transportation Services Director
Don Marr, Chief of Staff
FROM: Jeff Coles, Director of Recycling and Trash Co!lection
DATE: October 15, 2014
SUBJECT: Waste Management Contract Renewal
RECOMMENDATION:
Staff recommends the approval of a 5 year term contract renewal with Waste Management of
Arkansas for hauling and disposal of municipal waste
BACKGROUND:
In November of 2009, the City Council passed Resolution 224-09 approving a contract with
Waste Management of Arkansas for the hauling and disposal of municipal waste from the City's
transfer station. The term of the of the original contract was for 5 years and included provision
for the option to renew for 2 successive 5 year terms upon mutual written agreement.
DISCUSSION:
Having completed the first 5 year contract in a successful manner., both parties are in
agreement to exercise the provision of the contract to extend for an additional 5 year term, from
December 1, 2014 until November 30, 2019.
BUDGET/STAFF IMPACT:
Funds for hauling and disposal services are budgeted in the Recycling and Trash Collection
Fund.
Attachments:
Original Contract
Renewal Document
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Contract
This Agreement is [Wade and entered into thisZA4_day of 2009, by and between the City of
Fayetteville, Arkansas and Waste Management of Arkansas. Inc.
Terms & 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: 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 December 1st, 2009 or on the date the contract is
approved by the Fayetteville City Council. The parties shall have the option to renew this agreement for two (2)
successive five (5) year terms upon mutual written agreement. The option to renew can be made effective by
written notification from either party to the other party no later than ninety- (90) days prior to the expiration of the
contract term This contract will be subject to the annual appropriation of sufficient funds for this contract in the
budget by the Fayetteville City Council.
2. SCOPE OF SERVICE: The Contractor shall be responsible for the performance of all services reasonably
necessary to provide for the proper disposal of all of the residential and commercial waste generated within the
City of Fayetteville. Goods and services to be pirovided by Contractor under the terms of this agreement shall
include but not be limited to the following:
a) Transporting of all solid waste 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 hours after receipt of said
solid waste. The City of Fayetteville, as the Transfer Station operator, 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.
b) The Contractor shall provide an adequate number of vehicles, trailers and back up equipment
maintained in good physical condition and working order, all labor, supervision, equipment,
maintenance, fuel and necessary supplies to insure the daily systematic and orderly performance of all
services specified in the contract within the required time frame.
c) The Contractor will guarantee to the City of Fayetteville that Contractor's transport tractors, trailers
and any other equipment used in the transport of accepted solid waste will be maintained in a
mechanically sound, clean and uniformly painted manner,at all times. Time 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
properly licensed and permitted by appropriate District, City, County & State authorities as required.
Additionally, transport tractors will be marked with the name and telephone number of the contractor
on each side of the vehicle.
d) Preparation of required reports to all government agencies, if applicable, with copies to City of
Fayetteville.
e) Contractor shall provide to the City of Fayetteville documented proof of disposal for each load. Such
documentation shall be provided to the City of Fayetteville with each invoice.
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 18 of 20
3. FEES: The prices and rates bid by the successful bidder shall be firm for the fust two (2) years of the contract.
After the first 2 years of the contract, adjustments shall be made as follows: The cost per ton rate shall be
adjusted beginning December 1, 2011, by using the difference in the United States Department of Labor Index
For Goods and Services from September 2010 through August 2011. This adjustment using subsequent annual
USDL Index for Goods and Services numbers shall be used in December 2012 and December 2013. This
inflationary index or a full renegotiation of rates by the parties may be used for subsequent renewals of the
contract beyond the fust five year period.
Payment shall be on a cost per ton basis. Measurement shall be from the City of Fayetteville's outbound scale
numbers.
4. SECURING FOR PERFORMANCE — BID SECURITY: 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 shall be in the amount of
twenty five percent (25%) of the total bid price for the first year of the contract. Said surety bond after the first
year shall be for twenty five percent (2581a) of the previous year contracted volume.
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 corporate surety company duly authorized to do business in the State of
Arkansas. Bonds must be written by an "A" rated bonding company.
5. QUANTITIES: The City of Fayetteville makes no warranties as to the quantities of solid waste available for
transfer and disposal. The City of Fayetteville during the term of this contract shall deliver to City of
Fayetteville's Transfer Station all of the municipal, residential and commercial solid waste streams collected by
the City of Fayetteville except recyclable waste recycled as such.
6. DISPOSAL SITES: Contractor shall provide evidence satisfactory to the City of Fayetteville that the
Contractor shall at all times have a commitment for adequate landfill air space adequate to exceed the projected
needs of the waste to be disposed of hereunder during the term of the contract but in any case not less than 10
years. Disposal site will be in compliance with EPA Regulations, Subtitle "D" and any future subtitles or
regulations required of said site. Prior to any change by the contractor of disposal site the Contractor shall
provide documentation to the City of Fayetteville that such site meets specifications hereunder.
7_ RF
PR_FSEN'TATION OF THE CTTy OF FAME ITEVII.LE: The City of Fayetteville represents that the City
of Fayetteville's Transfer Station is properly and fully permitted as a solid waste transfer station by all applicable
governmental authorities.
8. DEFAULT AND TERMINATION: Upon breach by either party to this Contract of any of its
material terms and conditions, the non-breaching party shall deliver written notice to the breaching party
of said breach. If the breaching party fails to cure the breach within sixty (60) days, the non-breaching
party shall be entitled to declare that the breaching party is in default and the contract terminated.
9. GENERAL SPECIFICATIONS: The terms and conditions of this Contract include each and every general
specification set forth hereinafter.
10. 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
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 19 of 20
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.
11. FREEDOM QF INFORMA710M ACT: City of Fayetteville contracts and documents prepared while
performing City of Fayetteville 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 photocopying costs pursuant to the FOIA
may be assessed for this compliance.
12. ATTACHMENI'S: Bid documents referencing Bid 09-61, Solid Waste Transfer and Disposal Services and
contractors bid submittal in response to Bid 09-61.
13. JURISDICTION AND VENUE: This agreement shall be interpreted and enforced pursuant to Arkansas law,
Jurisdiction and venue shall be in Washington County, Arkansas.
IN AGREEMENT with the provisions set out above, we sign our names below on this the,3A,e day of
2009.
By:
CONTRA R
Printed Name and Title
ATTEST:
By:
ompany Secrets
Qm , (62
Printed Name and Title
City of Fayetteville, Arkansas
Bid 09-61, Solid Waste Transfer and Disposal Services
Page 20 of 20
CITY OF FAYETTEVILLE, ARKANSAS
ByJNkELDJ2!�XAN
Mayor
ATTEST:
By:
Son raSmith, City Clerk -------
FIRST AMENDMENT TO THE CITY OF FAYETTEVILLE, ARKANSAS SOLID WASTE
TRANSFER AND DISPOSAL SERVICES CONTRACT
This First Amendment to the City of Fayetteville, Arkansas Solid Waste Transfer and
Disposal Services Contract (hereafter the "Amendment') is entered into as of the _ day of
, 2014, by and between the City of Fayetteville (the "City"), and Waste
Management of Arkansas, Inc. (the "Contractor").
WITNESSETH:
WHEREAS, the City of Fayetteville and the Contractor have heretofore entered into a
certain Agreement for Solid Waste Transfer and Disposal Services, dated on or about November 3,
2009 (the "Contract"), whereby Contractor was granted the exclusive right to provide solid waste
transfer and disposal within the City of Fayetteville, as more particularly set forth in the Contract;
and
WHEREAS, the City and Contractor desire to modify the Contract, as more particularly set
forth below.
NOW, THEREFORE, for and in consideration of the goad and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as
follows:
1. The City and Contractor agree to extend the term of the Contract for five additional years
from December 1, 2014, so that the new Contract termination date is November 30, 2019.
This Contract is subject to the annual appropriation of sufficient funds for this Contract in
the budget by the Fayetteville City Council.
2. Nothing contained herein shall be deemed to amend or modify the Contract dated November
3, 2009, except as expressly set forth herein. In the event of a conflict between the terms of
the Contract and this Amendment, the terms of this Amendment shall control.
IN WITNESS WHEREOF, this Amendment has been executed as of the date first set forth above.
CITY: CONTRACTOR:
CITY OF FA'
Attest:
Sondra Smith, City
• b, Y p� ••L�.
r � FAYETT EVILLE •�=
:st'•."kA NSp .,=ems•
���i� �� Tv�N _ G�e�`�••
WASTE MAN/ii &MENT OF ARKANSAS,
INC. �.
By: v r"
On behalf of:
Tim Wells, Market
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I of 1