Loading...
HomeMy WebLinkAbout2012-01-10 - Agendas WATER/SEWER/SOLID WASTE COMMITTEE AGENDA rayl evl le MEETING DATE OF JANUARY 30, 2012 THE CITY OF FAYETTEVILLE,ARKANSAS nnHnNsns Committee: Chairperson Sarah Lewis; Aldermen: Adella Gray, Mark Kinion, Justin Tennant Copy to: Mayor Lioneld Jordan; Sondra Smith, on Marr, Paul Becker, Lindsley Smith, Jeremy Pate, Chris Brown, Lynn ]tyke, Shannon Jones, P � ell, Will Winn, CH2M Hill, Allison Atha From: David Jurgens, P. E., Utilities Director A Fayetteville Water, Sewer and Solid Waste Com I eeeeting will be January 10, 2012, 5:15 PM, following the City Council Agenda Session, in room 32 Fayetteville City Hall. Proposed topics include: Agenda Items Re uirin Committee Approval NONE Agenda Items for Committee Information 1. Ca ital Prolect U date. Contract Description Contractor Cost %Complete WL-10a Farmington Gravity Sewer Line Gamey Const $ 1,750,122 100% EL-3&5 Razorback-Hap Hollow 36/42" Swr Line S J Louis Const $ 5,387,098 100% CIPP 2011 Rehab- Cured in Place Pipe City Wide Insituform $ 330,000 100% Mt Se uo ah Area Wtr/Swr Upgrades LaRue Contr $ 852,976 100% 36"W/L 36"Water Line on Township Seven Valles $ 1,783,720 100% 265 W/S Relocation &36"Wtr Line, Hwy 265 Gamey Const $ 4,989,135 82.0% WL-13 Broyles Avenue Gravity Sewer Lines Goodwin&Goodwin $ 845,359 100% WL-14 Broyles Avenue Sewer Force Mains Redford Const $ 899,626 100% WL-15 Broyles Avenue Sewer Pump Station Seven Valles $ 591,768 100% BI0-1 Biosolids Solar Drying Dean Crowder $ 4,971,886 100% 13I0-2 Biosolids Thermal Drying Crossland Heavy $ 2,770,280 99.6% BIO-Gast Biosolids Gas Line River Crossing Goodwin&Goodwin $ 119,250 100% Elkins Gravity Sewer Outfall Line Bid Open January 31, 2012 West Side Recycling Drop Off Bid Open January 20, 2012 Canterbury 500,000 Gallon Water Tower C B & 1 Inc. $ 1,590,091 100.0% CanterburyWater Lines & Pum Station Sweetser Const $ 1,057,331 1 82.0% Project is substantially complete, meaning the work can be used to execute its mission. 2. White River Use Attainability Analysis process is well underway; fish samples were taken in September with excellent results. Benthic samples were taken in October. The study will be completed in summer 2012. 3. Illinois River Phosphorus Evaluation process is continuing, with the EPA developing a Total Maximum Daily Load (TMDL) study for the basin. There is very active conversation between Arkansas, Oklahoma, and EPA Region 6 representatives; ADEQ Director Teresa Marks and AN RC Director Randy Young met with NWA representatives in Springdale January 6 to provide an update. The five Northwest Arkansas cities, Northwest Arkansas Regional Planning, and the NWA Council have been joined by Washington and Benton Counties and the Farm Bureau to continue to evaluate the need and potential cost to collectively hire a consultant to run the model parallel with the EPA consultant in order to validate the model, confirm assumptions, and accuracy. 4. White River Bank Stabilization Project , being managed by the Watershed Conservation Resources Center, bids were opened January 4, 2012; results are below. Under the memorandum of understanding with WCRC, they will award the contract using grant and city funds, so this contract does not come back to the City Council for approval. Construction will be completed in the next eight months. Staff is currently checking references to determine if the low bidder meets qualifications. W-S-S W CommitteeAgenda IOJM12 Water,Sewer and Solid Waste Committee Agenda Page 1 of 13 WATER/SEWER/SOLID WASTE COMMITTEE AGENDA MEETING DATE OF JANUARY 10, 2012 Firm Bid EGIS $ 118,400.00 ERC Inc $ 123,909.00 Fochtman Enterprises $ 177,118.00 Kesser International $ 89,200.00 North State Environmental $ 12,028.85 Stephen B $ 484,000.00 Engineer's Estimate $ 100,000.00 5. Black and Veatch WSIP Change Order 4 updating salary schedules is attached. Black and Veatch performed all WSIP design for the Noland WWTF, and are completing an evaluation of treatment alternatives that may be required in the future. This contract should be closed out within the next 60 days. 6. Solid Waste 8r Recycling Resource Management Plan, developed by the Strategic Planning team in cooperation with Solid Waste, is in staff review and expected to be published for the February Water/Sewer/ Solid Waste Committee meeting. This document identifies short, medium, and long range diversion goals with methods of achieving the goals. 7. Recycling Program Changes. a. Recycling Plastics 3—7 are being collected in bulk collection points at the Solid Waste facility and at the Ozark Natural Foods on North College. We are continuing to work with Preferred Waste Solutions of Pryor, OK, regarding sale of this product, and the City's requirement for tracking the final disposition of all recycled products. Staff conducted one visit in late October; another is planned for later this month January 25 to see new equipment in the facility, and to test with one of our bales of mixed plastic product. b. Ripple Glass Contract to have Ripple glass pick up our glass from our Solid Waste facility, at no cost to the City, is attached. The current glass recycling vendor, Dlubak Glass in Okmulgee, Oklahoma, requires that glass be separated by color and pays $50/ton for clear, $35/ton for brown, and $25/ton for green glass. For many years, this has been the only viable glass recycling market for the City. The City has partnered with Madison County Solid Waste $699.20 each trip -for the service. Depending on the color combination of the glass sent, the City either comes out ahead or behind in what is received in revenue versus the cost of transport. The table below shows the comparisons during the last three years of revenue received versus expenses for hauling. All Glass 2009 2010 2011* Revenue $38,491.70 $37,353.20 $33,272.45 Hauling Expense $38,456.00 $37,057.60 $34,785.20 Difference $ 35.70 $ 295.60 $1,512.75 * Extrapolated as if we used the same service through the end of 2011. Madison County recently notified the City that the rate per mile would need to be raised to cover increased costs incurred for the service. The increased cost would have caused a greater loss in 2012 and beyond. While attending the Arkansas Recycling Coalition Conference, staff identified a new glass market called Ripple Glass in Kansas City, MO. Subsequent discussions between staff and Ripple Glass have occurred in regards to using them as our glass market. This switch to Ripple Glass will create a constant net neutral cost impact, we will neither make nor lose money. Ripple has a $7 million facility in Kansas City, and long term contracts with Owens Corning - making fiberglass insulation —and a brewery— making beer bottles. These demands exceed the current supply, which is why Ripple is seeking additional sources. Ripple will pick the glass up at our Happy Hollow facility at no cost to the City. 8. Highway 265/Crossover Water/Sewer Relocation Easement Condemnations have been filed and orders of possession acquired. Easements have been acquired from 27 of 29 owners. We are still negotiating. Two new easements were added with the extension north of Joyce; one of these two has been acquired. The trial for Mr. Brown is currently scheduled for April 24, 2012, but this may be deferred due to timing of the AHTD case on the same property. W-S-SW CommittwAgenda IOJan12 Water,Sewer and Solid Waste Committee Agenda Page 2 of 13 WATER/SEWER/SOLID WASTE COMMITTEE AGENDA MEETING DATE OF JANUARY 10, 2012 Perm Temp rm Temp T ct Property Owner Parcel# Easmnt Easmnt Easement Const Damages Total ft' (ft) Easement 10 John David Brown 765-13295-000 22,883 903 $23,700 $ 3,500 $ 400 $27,600 9. Solid Waste Franchise Program Alternatives Evaluation is deferred the next Water/Sewer/Solid Waste Committee meeting, as information within the Resource Management Plan is relevant to the franchise discussion. 10. Water/Sewer/Solid Waste Committee Meeting is Tuesday, February 14, 2012, 5:15 p.m., room 326. Attachments: 1 Black & Veatch Amendment 4 2 Ripple Glass Contract W-S-SW CommitteeAgeada 10Jan12 Water,Sewer and Solid Waste Committee Agenda Page 3 of 13 dd CONTRACT REVIEW MEMO aye e MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE,ARKANSAS s To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: David Jurgens, Utilities Directors Y Date: January 6, 2012 Subject: Amendment 4 to WSIP Contract wit Black and Veatch for Noland Wastewater Treatment Plant engineering RECOMMENDATION City Administration recommends approval of Amendment 4 to the WSIP engineering contract with with Black and Veatch Corporation for professional engineering services to determine methods to achieve additional phosphorus removal from the Noland Wastewater Treatment Plant's effluent. BACKGROUND USEPA Region 6 is proposing to reduce the National Pollutant Discharge Elimination System (NPDES) permit limit for phosphorous from a 1.0 parts per million (ppm) to a 0.1 ppm for all Northwest Arkansas cities that discharge treated effluent from wastewater treatment facilities into the Illinois River Watershed. As there was no mention of a phosphorous limit more stringent than 1.0 ppm during the development phase of Noland's recent renovations, the plant is not currently designed to consistently treat wastewater to 0.1 ppm. It is expected that future NPDES permits will reduce the phosphorus limit,resulting in the need for this evaluation. It is also expected that this limit will ultimately be placed on White River watershed discharges as well. DISCUSSION Black and Veatch did an exceptional job in design and oversight of renovations at the Noland WWTP, and are more familiar with the treatment process than any other engineering firm. This amendment allows for updating salary schedules. Billing rates had not been updated since Addendum Number 2 dated June 18, 2007. The phosphorus removal report should be delivered and the contract should be closed out within the next 60 days. BUDGETIMPACT Funds are available within the contract due to savings in work performed in the design and construction process. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 B&V Amdmt4 CCMemo 5Janl2,doc Water,Sewer and Solid Waste Committee Agenda Page 4 of 13 AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND BLACK&VEATCH CORPORATION WHEREAS, On July 15, 2003,the City of Fayetteville, Arkansas(CITY OF FAYETTEVILLE) and Black&Veatch Corporation of Kansas City, Missouri (BLACK&VEATCH)entered into an Agreement for engineering services in connection with the Wastewater System Improvement Project, and in particular the Paul R.Noland Wastewater Treatment Plant Improvements-Wet Weather Improvements -Contract EP-1 and Paul R.Noland Wastewater Treatment Plant Miscellaneous Improvements EP-3 (the "Project"). The scope of these services included the final design and bidding services, and WHEREAS,BLACK&VEATCH has proceeded with these services in accordance with the scope set forth in the Agreement, and WHEREAS,CITY OF FAYETTEVILLE requests that the scope of BLACK&VEATCH 's services to be amended to provide Conceptual Design Services for the Project, and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and BLACK&VEATCH,the parties hereto, stipulate and agree that the Agreement for Engineering Services dated July 15, 2003,Addendum No. 1 dated September 20,2005, Addendum No. 2 dated June 18, 2007,and Addendum No. 3 dated March 18,2010, is hereby amended in the following particulars: SECTION 6-PAYMENTS TO BLACK&VEATCH Replace APPENDIX G—HOURLY BILLING RATES FOR ENGINEERING SERVICES as amended in Addendum No. 2 with the APPENDIX G—HOURLY BILLING RATES FOR ENGINEERING SERVICES attached to this Amendment No. 4. All other provisions of the original Agreement remain in full force and effect. Amendment No 4(2).doc 1 138636 Water,Sewer and Solid Waste Committee Agenda Page 5 of 13 IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be duly executed this day of 20 . CITY OF FAYETTEVILLE,ARKANSAS By: Mayor ATTEST: By: City Clerk BLACK&VEATCH CORPORA' 'IO I L4 By: Michael G. Orth Title: Senior Vice President END OF AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Amendment No 4(2).doc 2 138636 Water,Sewer and Solid Waste Committee Agenda Page 6 of 13 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX G—HOURLY BILLING RATES FOR ENGINEERING SERVICES This is Appendix G,consisting of two(2)pages,referred to in and part of the Amendment No.4 to Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE,ARKANSAS and BLACK&VEATCH CORPORATION dated July 15, 2003,Addendum No. 1 dated September 20, 2005,Addendum No.2 dated June 18, 2007,and Addendum No. 3 dated March 18, 2010. Initial CITY OF FAYETTEVILLE BLACK&VEATCH Job Classification Hourly Billing Rate 2011 Principal $225 Project Manager $193 Project Secretary $69 Project Accountant $69 Project Engineer $178 Lead Civil Engineer $141 Civil Design Engineer $103 Civil Tech $92 Structural Sr. Engineer $167 Structural Engineer $134 Structural Tech $102 Geotechnical Specialist $156 Architect $127 Architect Tech $98 Architect Drafter $95 Building Mechanical Sr. Engineer $158 Amendment No 4(2).doc Appendix G-1 138636 Water,Sewer and Solid Waste Committee Agenda Page 7 of 13 U CONTRACT REVIEW MEMO aye le MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE,ARKANSAS S To: Mayor Lioneld Jordan Thru: Don Marr,Chief of Staff David Jurgens, Utilities Director Fayetteville Water, Sewer, Solidaste Conunitice From: Brian Pugh,Waste Reduction Coo inter Date: January 6, 2012 Subject: Approving Contract with Ripple Glass,and Glass Recycling Vendor Change RECOMMENDATION Staff recommends approving the attached contract with Ripple Glass, LLC., thus changing the glass recycling vendor to accommodate collection efficiencies and growth in the recycling program. BACKGROUND The current glass recycling vendor,Dlubak Glass in Okmulgee, Oklahoma,requires that glass be separated by color and pays $50/ton for clear, $35/ton for brown,and$25/ton for green glass. The glass is processed at Dlubak and sent to St. Goblain, Oklahoma,to make glass bottles and containers. For many years,this has been the only viable glass recycling market for the City. The City has partnered with Madison County Solid Waste, using their truck to transport two roll-off boxes,hauling the glass to Okmulgee,carrying approximately 20 tons/week. The City has paid Madison County$1.90 per mile-a total of$699.20 each trip-for the service. Depending on the color combination of the glass sent,the City either comes out ahead or behind in what is received in revenue versus the cost of transport. The table below shows the comparisons during the last three years of revenue received versus expenses for hauling. All Glass 2009 2010 2011 Revenue $ 38,491.70 $ 37,353.20 $ 33,272.45 Hauling Expense $ 38,456.00 $ 37,057.60 $ 34,785.20 Difference $ 35.70 $ 295.60 ($ 1,512.75) * Extrapolated as if we used the same service through the end of 2011. Madison County recently notified the City that the rate per mile would need to be raised to cover increased costs incurred for the service. The increased cost would have caused a greater loss in 2012 and beyond. While attending the Arkansas Recycling Coalition Conference, staff identified a new glass market called Ripple Glass in Kansas City,MO. Subsequent discussions between staff and Ripple Glass have occurred in regards to using them as our glass market. This switch to Ripple Glass will create a constant net neutral cost impact, we will neither make nor lose money. DISCUSSION The contract with Ripple Glass creates many benefits for the City. Ripple has a$7 million facility in Kansas City, and long term contracts with Owens Corning-making fiberglass insulation—and a brewery—making beer bottles. These demands exceed the current supply,which is why Ripple is seeking additional sources. They appear to be a good choice for a long term market for the City.Ripple Glass does not require the glass to be separated by color which will allow our drivers to commingle different colors of glass on the recycling truck and increase collection efficiency. We would reconfigure our trucks(a fairly simple process),whereby all glass would be placed into one bin. This would likely reduce injuries and Worker Compensation claims caused by bottles bouncing back and hitting the driver. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 Ripple Glass memo Jan 12 Water,Sewer and Solid Waste Committee Agenda Page 8 of 13 A commercial glass program may also be a viable reality now since color separation will not be required increasing the likelihood that commercial businesses would participate if a program were to be offered. A commercial program will likely increase diversion amounts and help with the long term goals of increasing diversion in the City. The main change with a switch in markets is that Ripple will not pay for the glass when sent to them for recycling. However, they will send a truck to pick up the glass at no cost. Since the current method of recycling glass would have resulted in a negative cost process in 2012, this will allow the City to stay in a cost neutral position regarding glass in the recycling program. Ripple can send a truck once a week or more if needed which is capable of hauling 24 tons at one time. The glass can be loaded into their truck through the use of our Transfer Station. There would be little operational issues related to a switch to using Ripple. Madison County has been informed of our intent to switch glass markets and has no issue with ceasing using their services. The initial term of this Agreement shall begin December 1, 2011 and continue until December 31, 2013, at which time it will automatically renew for three (3) additional one (1) year terms commencing January 1 of each year. The parties may terminate this Agreement by mutual consent no less than sixty (60) days prior to the expiration of the initial term or any subsequent term. BUDGETIMPACT This will be a cost neutral change in operations, with reductions in hauling expenses matching reductions in revenue. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR72701 Water,Sewer and Solid Waste Committee Agenda Page 9 of 13 AGREEMENT FOR GLASS RECYCLING SERVICES THIS AGREEMENT is entered into this_day of 2011 between City of Fayetteville, Arkansas, an Arkansas municipal corporation ("City") and Ripple Glass, LLC, a Delaware limited liability company("Ripple"). WITNESSETH: WHEREAS, City desires to collect recyclable glass materials from, but not limited to, residential programs, city sponsored sites, city customers,special events, facilities and outlets; and WHEREAS, City desires to have a processing facility available to accept and manage recyclable glass materials collected by City; and WHEREAS, Ripple operates a processing facility in Kansas City, Missouri (the "Facility") and desires to accept and manage recyclable glass materials collected by City; and WHEREAS, the parties hereto have determined that it is in their mutual best interests to enter into this Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants of the parties contained herein, the parties hereto do mutually agree as follows: 1. Scope of Agreement. This Agreement is for glass recycling services whereby the City can collect recyclable glass materials and contact Ripple Glass when a load of about 25 tons is ready to ship. City shall have no financial obligation under this agreement. Ripple's financial obligation shall be to provide shipping of recyclable glass materials as set forth in this Agreement. 2. Obligations of City.City agrees to: a. Collect reasonably clean loads of recyclable glass materials. For purposes of this agreement, acceptable glass materials are glass soda-lime-silica food and beverage containers that may contain normal bottle labels, rings and metal closures. All colors of glass may be commingled in each delivery. b. Collect glass intact or broken, but in pieces not smaller than one-half(%z) inch. c. Non-acceptable items include non-container glass (pottery, porcelain, ceramics, light bulbs, mirrors, etc.), bricks, clay and rocks. Non-acceptable items also include all other organic materials(cardboard,plastic bags and bottles, etc.) d. Comply with all other requirements applicable to City as set forth in this Agreement. 3. Obligations of Ripple.Ripple agrees to: a. Provide transportation and accept reasonably clean loads of recyclable glass materials from the City. Ripple Glass Agreement pg. I Water,Sewer and Solid Waste Committee Agenda Page 10 of 13 b. Provide City with accurate weight tickets denoting the time, date, gross weight, tare weight and net weight for each load delivered to the Facility. c. Comply with all other requirements applicable to Ripple as set forth in this Agreement. 4. Inspection and Acceptance/Rejection. Ripple shall visually inspect the recyclable glass materials at the Facility and conclusively accept or reject them at that location. Once the materials have been accepted, City shall have no liability, nor shall it be required to make any compensation or suffer a reduction in any compensation due it under this Agreement should Ripple subsequently determine that the recyclable glass materials do not meet its specifications. The specifications to be applied in determining whether a load is acceptable are incorporated herein as section 2,Obligations of City. 5. No Minimum Guarantee. The amount and types of recyclable glass materials collected by the City for shipment to Ripple's Facility is subject to fluctuation. This Agreement contains no minimum tonnage guarantee but a good faith relationship to recycle all glass materials collected by the City for recycling. 6. Contract Terms and Early Termination. The initial term of this Agreement shall begin December 1, 2011 and continue until December 31, 2013, at which time it will automatically renew for three (3) additional one (1) year terms commencing January 1 of each year. The parties may terminate this Agreement by mutual consent no less than sixty(60) days prior to the expiration of the initial term or any subsequent term. 7. Notices.All notices required by this Agreement shall be in writing sent by regular U.S. mail, postage prepaid,or delivered by courier to the following: CITY: City of Fayetteville Attn: David Jurgens 113 W Mountain Street Fayetteville,AR 72701 RIPPLE: Ripple Glass,LLC Attn: Jeff Krum P.O.Box 414197 Kansas City, MO 64141 All notices are effective on the date mailed or upon receipt if delivered by a courier. Either party may provide the other party a change of address which change shall be effective ten(10) days after delivery. 8. Governing Law.This Agreement shall be construed and governed in accordance with the laws of the State of Arkansas. The parties submit to the jurisdiction of the courts of Washington County, Arkansas and waive venue. 9. Arkansas Freedom of Information Act. City contracts and documents, including internal documents and documents of subcontractors and sub-consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the City of Fayetteville, Ripple Glass 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 Ripple Glass Agreement pg.2 Water,Sewer and Solid Waste Committee Agenda Page 11 of 13 10. Default and Remedies. If either party shall be in default or breach of any provision of this Agreement, the other party may suspend or terminate its performance hereunder until such breach has been corrected; provided that no termination shall be effective unless and until the complaining party has given written notice of such breach to the other party and the other party has failed to cure such breach within at least thirty (30) days thereafter. In the event any such breach remains uncured for a period of thirty (30) days, the complaining party may terminate this Agreement by giving the other party written notice of such termination,which shall become effective upon receipt of such notice. 11. Waiver. No consent or waiver, express or implied, by any party to this Agreement of any breach or default by any other party in the performance of its obligations under this Agreement shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance of the same or any other obligations hereunder. Failure on the part of any party to complain of any act or failure to act or to declare any of the other parties in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights under this Agreement. The parties reserve the right to waive any term, covenant, or condition of this Agreement; provided, however, such waiver shall be in writing and shall be deemed to constitute a waiver only as to the matter waived. 12. Modification. This Agreement shall not be amended, modified or canceled without the written consent of the parties. 13. Headings; Construction of Agreement. The headings of each section of this Agreement are for reference only. Unless the context of this Agreement clearly requires otherwise, all terms and words used herein, regardless of the number and gender in which used, shall be construed to include any other number, singular or plural, or any other gender, masculine, feminine or neuter,the same as if such words had been fully and properly written in that number or gender. 14. No Partnership/ No Agency Relationship. It is expressly understood that the parties are not now, nor will they be, engaged in a joint venture, partnership or any other form of business relationship except as expressly set forth herein, and that no party shall be responsible for the conduct,warranties, guarantees, acts, errors, omissions, debts, obligations or undertaking of any kind or nature of the other, or the other's contractors, in performance of this Agreement. Ripple is not an agent of City and shall have no authority to take any action on behalf of City or execute any documents on behalf of City. 15. Indemnification. City's obligations under this Agreement shall be complete upon the collection and loading of the recyclable glass materials into the scheduled truck for shipment to Ripple's Facility. City and its agencies, officials, officers and employees shall have no liability for any claims, damages, losses, costs and expenses arising out of or resulting from any acts or omissions in connection with the processing or transport of the recyclable glass materials by Ripple subsequent to the initial delivery of those materials to Ripple's Facility by City, and Ripple shall defend, indemnify, and hold harmless City and any of its agencies, officials, officers and employees from and against all claims attempting to assign or impute any such liability to City. 16. Conflicts of Interest.Ripple certifies that no officer or employee of City has, or will have, a direct or indirect financial or personal interest in this Agreement, and that no officer or employee of City, or member of such officer's or employee's immediate family, either has negotiated, or has or will have an arrangement, concerning employment to perform services on behalf of Ripple in this Agreement. 17. Cooperation. The parties shall cooperate in the implementation and performance of the acts, undertakings and obligations as set forth in this Agreement. Ripple Glass Agreement pg.3 Water,Sewer and Solid Waste Committee Agenda Page 12 of 13 18. Binding Effect. This Agreement shall be binding upon the parties hereto and upon their assigns, transferees and successors in interest. 19. Representations. The parties certify that they have the power and authority to execute and deliver this Agreement and to perform this Agreement in accordance with its terms. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all representations, statements or prior agreements and understandings, both written and oral, with respect to the matters contained herein. No person has been authorized to give any information or make any representation not contained in the Agreement. IN WITHNESS WHEREOF,the parties have executed this agreement as of the date and year first above written. CITY OF FAYETTEVILLE RIPPLE GLASS,LLC By: By: (M 1 � 4( 2 David Jurgens,Utilities Director JefferyUkrurromanager Ripple Glass Agreement pg.4 Water,Sewer and Solid Waste Committee Agenda Page 13 of 13