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Home My WebLink About47-85 RESOLUTION• RESOLUTION NO. 47-85 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLFRK TO EXECUTE A CONTRACT WITH NORTHWEST ARKANSAS WASTE MANAGEMENT, INC. FOR THE DISPOSAL OF SLUDGE FROM THE FAYETTEVILLF POLLUTION CONTROL PLANT. BE rr RESOLVED BY THE BOARD OF DIRECPORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Northwest Arkansas Waste Management, Inc. for the disposal of sludge from the Fayetteville Pollution Control Plant. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21 day of 1 ' 1. ' .14P ) c Pcr • P; • inm•- Clerk May , 1985. CONTRACT This CONIRACT executed this 29th 1985, between the City of Fayetteville, "the City", and Northwest Arkansas Waste called "Northwest". day of July Arkansas, hereinafter called Management, Inc., hereinafter • WHEREAS, the City proposes to construct, operate and maintain improvements to its Wastewater Treatment Facility ("the Facility"); and WHEREAS, the Facility will afford the citizens of Fayetteville a safe, sanitary and environmentally desirable means for the disposal of wastewater; and WHEREAS, during construction of said improvements to the Facility, the City will need to dispose of sludge generated by the Facility at a sanitary landfill; and WHEREAS, Northwest is engaged in the operation of a sanitary landfill in Washington COunty, Arkansas and is willing to pick up sludge at the facility and dispose of said sludge at said landfill. NOW, THEREFORE, IN CONSIDER/CNN OF THE MUTUAL COVENANTSFHEREIN SET FORTH the parties agree as follows: 1. Northwest agrees to furnish the City the realpropertydescribed in Exhibit "A" attached hereto and made .a part hereof for a sanitary landfill method of disposal of sludge fromthe City's WastewaterTreatment Plant. The said property is to remain under the control of "Northwest" which shall continue to accept sludge, garbage and trash from other sources. 2. The City shall be responsible for loading all sludge on the trucks of Northwest at the City's Wastewater Treatment,Plant. The City shall be responsible for even distribution of sludge in North- west's trucks. 3. Northwest shall remove all sludge from the City's Wastewater Treatment Plant on weekdays between the hours of 5:00 a.m. and 3:00 p.m. At the request of the City, Northwest shall remove sludge from the City's Wastewater Treatment Plant on weekends and holidays. 4. Northwest shall secure all sludge in sludge containers as specified and required by the Arkansas. Transportation Department, the Department of Transportation, Arkansas Department of Pollution Control and Ecology, and other applicable governmental entities, which containers shall be completely leak proof. 5. Northwest shall transport the sludge from the City's Wastewater Treatment Plant to the landfill in trucks owned or leased by Northwest. 6. The City shall compensate Northwest as follows for the removal of sludge. under this contract: For the removal of sludge with a solids composition of less than 16% - $14.00 per cubic yard. For the removal of sludge with a solids composition of 16% to 18% - $9.95 per cubic yard. For the removal of sludge with a solids composition of 18% to 23% - $8.59 per cubic yard. For the removal of sludge with a solids composition of 23% to 28% - $7.23 per cubic yard. For sludge having a solids composition in excess of 28% - $5.86 per cubic yard. EXHIBIT A jFor overtime work (which Shall be defined as work performed on weekdays before 5:00 a.m. or after 3:00 p.m. and any work perfOrmed on Saturday or Sunday) - an additional sum of $34.50 per hour (but not per employee) of work performed. The City shall make payments to Northwest on a monthly basis. At the end of one year, the compensation payable to Northwest shall be adjusted to reflect any increase in the United States Department of Labor Consumer Price Index for all Workers JCPI14) for the preceding year. The unit prices specified in this contract shall be the total compensation payable to Northwest for transpor- tation and disposal of the City's sludge. The estimated quantity and moisture content of the'City's sludge is: • SLUDGE TYPE GENERATION RATE MOISTURE CONTENT Coilfilter 1600 cu yds/Mo 16.0 per cent Belt Press 600 cu yds/mo 25.0 per cent 7. The City shall' test and determine the moisture content of sludge on a daily basis. Northwest shall have the right to test the moisture content of sludge upon request to the City. 8. The yardage of sludge removed by Northwest from the City's Wastewater Treatment Plant shall be ascertained by measuring the depth of sludge in each container. The City's representative and Northwest's representative on the site shall agree to the measurement before each trip and both representatives shall initial a trip ticket verifying the quantity being picked up. 9. Northwest shall not permit any spillage of sludge to occur between the City's Wastewater Treatment Plant and the landfill site. Should spillage of sludge occur, Northwest shall, at its cost, immediately •clean up the spillage. Should spillage occur on more than two occasions, as a result of Northwest's negligence, the City shall have the right to terminate this contract by giving Northwest written notice of termina- tion. 10. The term of this contract shall be for a period of two (2) years commencing June 10, 1985 and terminating June 9, 1987; provided, the City 'shall have the option of extending the term of this contract on a monthly basis until all improvements to the City's Wastewater Treatment Plant, as specified in the City's 201 Facilities Plan prepared by CH2M Hill Southeast, Inc., have been completed. Said option may be exercised by the City giving Northwest written notice within 15 days from the termination date hereof. Said notice shall specify the number of months in the extended term. Any extended term shall automatically terminate upon completion of all improvements to the City's Wastewater Treatment Plant as specified in the aforesaid 201 Facilities Plan. 11. Within ten (10) days from execution of this contract, Northwest shall file with the City a $100,000 performance bond to guarantee compliance with all terms of this contract. -3- 12. At all times during the term, of this contract, and any extended term, Northwest shall exhibit evidence of having obtained all permits and authorizations required by the Arkansas Department of Pollution Control and Ecology or other regulatory agencies with the operation of a sanitary landfill and the transportation and disposal of sludge. 13. Northwest covenants to save harmless and indemnify the City from any and all lawsuits, damage, claims, judgments and recOveries which may be asserted, made ormay arise or be had, brought or recovered against the City by reason of the operation of the sanitary landfill and transportation and disposal of sludge;and,Northwestshallilluediately appear and defend all such claims at its own cost and expense, provided, this covenant shall not apply to claims for damages caused by the City having delivered hazardous or toxic waste to Northwest, and, provided further that this covenant shall not apply to actions against the City for negligent, reckless, or intentional acts of the City, its agents or employees. 14. No assignment or subletting of all or any portion of the work agreed to by Northwest under this contract shall be allowed without the prior approval of the City. 9 15. Northwest shall provide and maintain in full force and effect during the entire term of this contract, and any extended term, contrac- tor's public liability insurance, with the City as an additional insured, Providing for a limit of not less than $1,000,000 for all damages arising out of bodily injury to or. death of one person and property damage combined, and, subject to the same limit for each person, a total limit of not less than $1,000,000 for all damages arising out of bodily injury to or death of two or more persons in any one accident and property damage combined. Northwest shall provide and maintain in full force and effect during the entire term of this contract, and any extended term, workers compensation insurance and shall protect it from claims for damage for personal injury, including accidental death, which may arise from operations under this contract, whether such operation be by itself or anyoneddirectly or indirectly employed by it as required under Arkansas Worker's Compensation Laws Northwest shall file copies of the aforesaid insurance policies with the City prior to initiation of serVice. 16. All notices required to be given or authorized to be given by any patty pursuant to this contract shall be in writing and shall be served Personally or sent by certified mail, return receipt requested, to: Northwest Arkansas Waste Management, Inc., P.O. Box 651 Springdale, Arkansas 72765 City of Fayetteville, Arkansas C/O City Manager P.O. Drawer "F" Fayetteville, Arkansas 72702 17. This contract may onlY be amended by written agreement duly authorized and executed by the parties hereto. 18. Should Northwest fail to comply with any term of this contract within 2 days from receipt of written notice of breach, the City shall have the right to hmmediately terminate the contract by giving Northwest written notice of termination. Northwest shall have the right to terminate this contract if the sludge from the City's Wastewater Treatment Plant is classified by the Arkansas Department of Pollution Control & Ecology. to be a toxic or hazardous waste which cannot be disposed of at the landfill of Northwest. IN WITNESS WHEREOF, this contract has been executed on the date first above written, ATTEST CITY OF FAYETTEVILLE, ARKANSAS NORTHWEST ARKANSAS WASTE MANAGE- MENT, INC, sident and Title: Secretary - Treasurer