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