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HomeMy WebLinkAbout2007 EMC AgreementA~cnendnnent No. 1 to the Agreement far Contract Operations, Maintenance and Management of the City of Jeffersonville, Indiana, Sanitary Sewer Treatment and Colllection System This Amendment {"Amendment No, 1 ") to Agreement for Contract Operations, Maintenance and Management of the City of Jeffersonville, Indiana, Sanitary Sewer Treatment. and Collection System. is entered into as of August 24, 2005 ("Effective Date"), between the City of Jeffersonville, Indiana, a .municipal corpt~ration in Clark County, Indiana, acting by and through its Sewer Board {"City"), and Environmental Management Corporation ("EMC"}, a Missouri corporation with its principal place of business at 1001 Boardwalk Springs Place, O'Fallon, Missouri 63368. The City and EMC are sometimes herein referred to individually as a "Party" and collectively as the "Parties." 'IVITNESSETH: WHEREAS, City and EMC are Parties to that certain Agreement for Contract Operations, Maintenance and Management of tlae City of Jeffersonville, Indiana, Sanitary Sewer Treatment and Collection System dated May 1, 2004 ("Agreement"}; and WHEREAS, City and EMC desire to modify the Agreement upon the terms and conditions as set forth in this Amendment No. l . NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties hereby agree as follows: 1. Item. "i)" in subsection b "Collection System Operation and Maintenance" in Section 2 "Scope of Services" of the Agreement shall have the words "assisting the City's Engineer and staff with inspection of all new sewer taps and assisting builders in locating existing sewer mains and taps" stt•icken in their entirety and not replaced. 2. Item "i)" in subsection c "Compensation" in Suction 4 "Compensation" of the Agreement shall have the amounts of $123,125.33 and $1,477,04 which have subsequently changed to $126,819.09 and $1,521,829.12 effective May 1, 2005, changed to $1.24,04.37 and $1,494,052.44, respectively, upon the effective date of this Amendment No. 1. 3. Except as otherwise expressly modified. herein, all of the terms and conditions of the Agreement shall remain in fiill force and effect. 4. This Amendment No. 1 may be executed in two. or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Page I of 2 IN WITNESS WHEREOF, the Parties hereto have executed this Arr3endent No. 1 as of the day and year frst above written by their duly authorized officers or representatives. WITNESS: Secretary, Sew ~ B©ard i ~~ WITNESS: ~` INDIANA 4 Rib°ert L. ~aiz, Jr. Mayor of Jeffersonville Sewer Board Chairman CITY OF By: ,~ ,~ ey aldwell er oard Member . ~, -__ .. ~ /Doug; I~.c~Ist©n -===:-~ ',SewBoard Member ENVIRONMENTAL IVIANAGEMENT CORPORATION ,. - , -~ ~~ F r Nan ~zi~ ~ ~f i ;=c ~~ ~ ~ Title~.~.~~~ ,? ~ 1 ~Qn 2 ? Of ~ Amendment No. 2 to the Agreement for Contract operations, ~1aintenance and Management of the City of ,ieffersonr•ille, Indiana, Sanitary Sewer Treatment and Collection System This Amendment ("Amendment No. 2") dated September 25, 244b, to Agreement fur Contract Operations, Maintenance an<l Mapagement of the City of Jeffersonville, L~diana, Sanitary Sewer Treatment and Collection. System is made effective as of May ! , 2047, ("Effective Date"), between the City of Jeffersonville, Indiana, a municipal cotTorati.on in Clark County, Indiana, acting by anei through its Sea'er Board ("City"), and Envirorunental Management Corporation (">rMC"), a Missouri corporation willr its principal place of business at i 001 Boardwalk Springs Place, O'Fallon; I~iissouri b33613. The City and EMC are sometimes herein referred to individually as a "Party" and collectively as the "]'attics." '~~"1'1'VESSE'I'Il: WHEREAS, City and EMC are Parties to that certain Agreerncnt for Contract Operations, Maintenance and Management of the City of Jeffersonville, h~diana, Sanitary Sewer Treatment and Collection System dated May 1, 2004'and as amended previously on August 24, 2005. I-lereinafter, the Agreement, as previously amended, shall be referred to as the "Agreement"; and WHEREAS, City and EMC desire to modify the Agreement upon the terms and conditions as set forth in this Amenclrnent No. 2. NC7W, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties hereby agree as follows: I . Items i) and ii} in subsection (a) `"Perm" in Section S "Miscelittneous" of the Agreement shall be stricken in their entirety and replaced with tl~e following: "a. Term. The terTn of'the Agrccr~ent shall ]rave commencccl Iv-Iay 1, 2444 and shall expire on April 30, 2010_ )each twelve (12} moni.h calendar period in the'ferm ("Tcrni")~ shall be referred to as a "Contract Year," 2. Item ii) in subsection (c) "compensation" in Section 4 "Compensation" of the Agreement shall be stricken in its entirety and not replaced. 3. The first sentence in item iii) in subsection (h) "Annual :Maintenance anei Repair Casts'' in Section 4 "Compensation" of the Agreement shall be stricken in its entirety and repla.c:ed with the following: "Maintenance ar repair items that have a reasonable c;otit in excess of $t,00i3 shalt require that E~vIC pay the cost of the first $1,004, whi le the remaining expense be pate] by the City from the Sewer Repair and R.eplaccment Accr~unt, upon flee approval of the City Cngineer, tivllich shall not be unreasonably ~vithhclcl." r<<<.~. r ,,~ 4. I/xcept as othet-wise expressly tnodilied herein, a41 of the tei7ns and conditions of the Agreement shall remain in full force and effect. 5. This Amendment No. 2 may be executed in two or more counterparts, each of which shall be deztned an origuial, but all of ~s°hich together shall constitute one and the same instrument. IN WITNESS WHER);t?F, the Pasties hereto ha~~e executed this Amendment No. 2 as of the day and year first above written by their duly authorized officers or representatives. CITY OF JL O ' LLE, INDIANA ~y. Ro crt L. aiz, Jr. tilayo~~ of Jeffersonville Sewer Board Chaiiman ENVIRONME\`TAI_.1~1ANAGEMENT CORPORATION By: Name: C Title: ~ NL~ Y}' ~.M, '~- ~~ o ~~' to- Prrg~~ :' of 2 ~ . '., A~REEMEiV'F' F®~ CC'~li~JITiRACT D~ERAT~®~, MAtIPt'TE~IAII~CE AH® MAiVA~EMEN'i' ©F THE ClTI( AF •IIEFFERSO~1~#'1LLE, illd®1A~tA SAM11°i'Ai2~ ~EY~'E>I•t 'll'REA'~'MEHT AN® C®LLECT`~CN ~Y'~~'Et°~ This AGREEMENT for Contract Operations of the City of Jeffersonville, Indiana Wastewater Collection & Treatment System (hereinafter "System"), dated as of May 1, 2004, is made by and between the City of Jeffersonviile, Indiana, a municipal corporation in Clark County, Endiana, 'acting by and through its Sewer Board {hereinafter "City") and Environmental Management Corporation (hereinafter "EMC"), a Missouri corporation with its principal piace of business at 1001 Boardwalk Springs Place, O'I^anon, Missouri; WITNESSETH: WHEREAS the System consists of approximately 189 miles of sanitary and combined sewer lines, 35 lift stations, 14 combined sewer overflows (CSCs), {coilectively, the "Collection System") and a wastewater treatment giant which the Indiana Department of Env'sronmental Management {hereinafter "IDEM") currently rates at 5.2 million gallons per day (MGD) dry weather flow treatment capacity for purposes of monitoring compliance with the City's NPDES permit (the "Plant"); and WHEREAS, City has requested statements of qualifications and proposals from contractors to Operate, maintain and marage the System for a Term of three (3) years, beginning May 1, 2004, and ending Apri! 30, 2007; and WHEREAS, EMC has been deemed by the City qualified to offer the Gity a proposal, and the City has selected EMC's proposal as the basis for negotiation of this Page 1 of 44 Agreement far contract operation, maintenance and management of the System; and 1~9HEREA~, the City and EMC desire to comply with Revenue Procedure 97-13 ("Rev. Proc. 97-13"} in order to ensure that EMC's management of the System is not private business use under Section 14~ of the Internal Revenue Code of 1986, as amended {"Code"); and NOW THEREFORE, in consideration of the mutual agreements herein contained, and subject to the terms and conditions herein., stated, the City and EMC agree as follows: 1) PURPOSE a City agrees to engage EMC as an independent contractor to operate, maintain and manage the System during the term of this Agreement. b EMC's written responses to the City's Request for Qualifications (RFQ} and Request for Proposals (RFP} are hereby incorporated by reference. However, in the event of any inconsistency or discrepancy between the terms of this Agreement and those responses steal[ be resolved in favor of the terms of this Agreement, which has been negotiated to reflect the intent of the patties. 2) SCOPE OF SERVICES EMC steal{ provide the following services under the conditions set forth herein: a Plant Operation. EMC shall operate and maintain the Plant so that the effluent discharge meets or exceeds the eff[uent requirements established by the U.S. Environmental Protection Agency (USEPA} and IDEM, qualified only by the conditions set forth in the Effluent Qua{ity paragraph herein ll.h}. Page 2 of 44 b Cnllecfion System Operation and Maintenance, EMC shall operate and maintain the Collection System in such manner as to extend its useful life, to provide maximum capacities, to prevent unnecessary damage to public and private property, to minimize inconveniences by handling interruptions in service, and to prevent public health hazards. EMC shall provide 24 hour per day, seven day per week emergency service and will use its best efforts to maintain uninterrupted service to customers. EMC shall, absent reasonable cause, respond on-site to every customer service complaint or request within thirty (30) minutes of notification by telephone. EMC shall operate, maintain and manage the Collection System so as to: i) Identify sources of problems within the sewer system through inspection, monitoring and investigation, assisting the City's Engineer. and staff with inspection of all new sewer taps and assisting builders in locating existing sewer mains and Paps; ii) Clean and maintain sanitary sewers, combined sewers, and CSOs on a regularly scheduled preventative maintenance .basis to ensure that wastewaters are transported to the wastewater treatment facilities in compliance with the NPDES permit. iii) Inspect, clean, maintain and repair lift stations on a regularly scheduled preventative maintenance basis as set forth in Appendix F to ensure waste waters are transported to the wastewater treatment facilities in compliance with the NPDES permit. iv) Prevent sewage from bypassing to waters of the State and protect the Collection System from flooding due to high water, in accordance with the 1Nater Pollution Page 3 0. 44 Control Acts Amendments, Public Law 92-500, and the Clean Water Acts Amendment. v} Eliminate odors and potential sources of odors to the extent possible and practical based on the generally accepted standards of good practice in municipal wastewater management and operations. vi) Implement a preventive maintenance program to reduce nuisance stoppages, employing effective electronic inforrt~ation system hardware and software, at no additional cost to the City other than the Compensation provided for herein at Section lV G). vii) Implement a customer service program to inspect alk sewer related customer complaints and respond to the customer an the results of these inspections employing effective electronic information system hardware and software, at no additional cost to the City other than the Compensation provided for herein at Section IV c). viii) EMC shall work with the City Engineer to develop a plan that accompNshes the following: (1) Provides for reasonable responsiveness to requests by the City Engineer for Vacuum/Jet Trucks to assist the City Engineer in the maintenance and repair of storm sewers. This will inc[,ude ,EMC providing the trucks and operators when personnel are available, but EMC shall be entitled to equitable adjustments in its compensation for overtime costs to provide that support, subject to the limitations on total compensation to EMC set forth in Section IV """ (C} (iii} of this Agreement. In addition, EMC and the City Engineer Urili Page 4 of 44 implement procedures so that the City Engineer staff can use a truck when EMC personnel are not available, but EMC will not be responsible for any damages resulting from the use of the trucks by non-EMC personnel. (2) Provides for reasonabCe responsiveness to requests by the City Engineer for television inspections to assist the City Engineer in the maintenance and. repair of storm sewers. This will include EMC providing the television inspection equipment and operators when personnel are available, but EMC shall be entitled to equitable adjustments. in its compensation for overtime costs to provide that support, suf~ject to the limitations an total compensation to EMC set forth in Section lV (C) (iii} of this Agreement- In addition, EMC and the City Engineer will implement procedures so that the City Engineer staff can use the television inspection equipment when EMC personnel are not available and not utilizing the equipment, but EMC will not be responsible for any damages resulting from the use of the television inspection equipment by non-EMC personnel, c) Extensions, Additions and Appurtenances to Callectiion System. EMC she!! be responsible for the operation a,nd maintenance of any extensions, additions, and appurtenances to the Collection System added during the term of this Agreement. Such additions steal! not; constitute a change or basis for additional compensation unless such additions include additional plants, lift stations or increases to the miles of sewer lines exceeding ten percent (10%) and then only to the extent ofi EMC can document actual cost increases because of such changes. The parties agree that any adjustment'to the compensation must either be subject to • the limitations on total compensation to EMC set forth in Section CV (C) (iii) of this Page 5 of 44 Agreement or be retested as a new Agreement and comply with Revenue Procedure 97-13. d, project Management and ataffing. EMC shall staff the Plant and Collection System with employees experienced and qualified in management, administrative and technical areas of wastewater treatment, process control, wastewater laboratory. analysis, and maintenance procedures for Plant and Collection System facilities and equipment, The Plant operations staff provided shall have the required operator licenses. EMC shall provide a full time Facilities Manager with an Indiana Class 1V license. e Project Sapp©rt. EMC shall provide an-call, backup expertise in process control, management and maintenance applications to ensure compliance with this Agreement. This support shall not constitute a claim for additional compensation for EMC. f Maintenance Management. EMC shall institute a comprehensive preventive maintenance program, employing effective electronic information system hardware and software, at no additional cost to the City other than the Compensation provided for herein at Section IV c), for all equipment and facilities assigned to EMC by the City through this Agreement. Records. maintained by EMC for the Plant shall include history of maintenance for each item of equipment, spare parts inventory, and a schedule of programmed maintenance. Records maintained for the Collection System shall include a history of work performed, customer complaint and response history, cost records, and stock inventory of materials and supplies. Page 6 of 44 g In#orrnati©n Systems. i} EMC shall install computer hardware and software proven to be effective in .management of scheduled and preventive maintenance, process control, supervisory management, budget and cost reporting, records documentation, energy and laboratory management and Industrial waste monitoring, EMC staff, shall be trained in the use of these computer systems and processes. ii} EMC shall provide maintenance management software that will permit the City Engineer, authorized City employees and consultants to monitor operations of the Plant, Collection System and Lift Stations and customer service requests. iii} EMC shall present a plan to implement this section 11 g), including life cycle cost estimates, within thirty (30} days after the City completes implementation of its geographic information system program development currently underway. The plan will be submitted to the City for its approval, which shall not be unreasonably withheld. EMC shall complete implementation of the approved plan within one year from the commencement of operations under this Agreement and authorization from the City for any additional costs of installing and maintaining hardware and software required to integrate the maintenance management system with the City's geographic information system program. The parties agree that any adjustment to the compensation must either be subject to the limitations on total compensation to EMG set forth in Section 1V (C) (iii) of this Agreement or be retested as a new Agreement and comply with Revenue Procedure 97-13. i iv} EMC and the City and its consultants shall cooperate and coordinate on the Page 7 of 4~ completion of the geographic information system and data population process to . ensure that the information system hardware and software to be installed and implemented pursuant to this section shall be compatible with, and designed to provide the City the highest and best possible functionality of, its geographic information system. The City shall be responsible for the additional cost of installing and maintaining the information system hardware and software to tie into the City's geographic information system. h Effluent {duality. EMC shall operate and maintain the Plant in such manner that the effluent quality is maintained at all times at a level equal to, or better than, the effluent requirements established by the USEPA and EDEN in the NPDES permit. EMC wit! guarantee effluent quality up to design flows and loadings. (See Appendix A) i Fines. i} EMC shall be responsible and liable for penalties or fines without any dollar limit which may be imposed by USEPA, IDEM or any other regulatory agency having jurisdiction ouer the System for any effluent quality violations which result due to problems associated with lack of adequate process control or improper operations of the Plant resulting from EMC's negligence, action or lack of action. EMC shall not be liable, however, if it can justify by appropriate documentation and evidence that the effluent quality violations occurred as a result of the flows and loadings exceeding levels established in Appendix A. ii) EMC shall also be liable for fines without any dollar limit imposed by USEPA or lDEM or any other regulatory agency having jurisdiction over the System for any Page 8 of 44 sewer discharges which result due to problems associated with the Pack of adequate CSO operation and maintenance or improper operation and nce of the Collection System resulting from EMC's negligence, action or maintena lack of action, EMC shall not be liable far fines imposed for discharges or bypasses from sewers or facilities resulting from inadequate or non-permitted facilities or flows exceeding design capacities. iii) EMC shall be liable for fines or penalties without any dollar limit imposed by USEPA, IDEM or any other regulatory agency having jurisdiction over the System for failure to comply with the terms and conditions of any duly authorized permit, court order, administrative order, law, statute, ordinance, etc., for reasons resulting from EMC's negligence during the period of this Agreement. j Crarrecfive Action. In the event that the effluent quality is not in compliance with the effluent requirements of the NPDES permit, EMC will submit a report to the City outlining the proposed corrective action and a schedule thereof. If EMC fails to do so, EMC shall be liable for any subsequent fines, damages ar criminal penalties that may be imposed upon the System for failure to correct the prior non-compliance with the requirements of the NPDES permit to the extent such fines, damages or penalties are due to conditions that EMC knows ar should know exist based on the prior non-compliance, and that EMC has not reported in writing to the City andtor for which EMC has not proposed to the City corrective action in writing, and which do not result from other causes beyond EMC's control. k Siosalids lVlanagement and Disposal. EMC shall lae responsible for handling, hauling and disposing of biosolids in a manner consistent with existing USEPA and IDE~r1 regulafiions. Notwithstanding any other provision of this Agreement, proceeds Page 9 of 44 from any sale of biosolids or byproducts thereof shall be paid to the City. 1 li lancfling and Disposal ©~ Gor~taminated Sludge, i) !f the influent contains abnormal or biologically toxic substances, the sludge from such influent shall be deemed contaminated. EMC shall make every effort to isolate such contaminated sludge consistent with current USEPA and IDEM guidelines. The City shall reimburse EMC for costs directly related to the disposal of the contaminated sludge. ii} If any sludge from the Plant is classified as hazardous waste as defined by USEPA or 1DEM, which means that the regulatory agencies require the sludge to be transported to a designated hazardous waste landfill, EMC shall notify the City and request permission to transport the sludge to a designated landfill. The City . shall reimburse EMC for the cost of transport, landfill fees and any other out-of- pocket costs associated with the handling and disposal of the sludge. m Septic Sludge ©isposal, EMC shall allow licensed (City approved) septic tank hauling contractors to dump septic sludge into the Plant or Collection System at the designated area, provided: i) Such wastes shalt be free from organic or inorganic toxic substances (either biologically toxic or otherwise) which cannot be treated, removed, and reduced to anon-toxic state in the treatment facility; and ii} Such waste shall not contain arty substances, the discharge of which into the receiving stream, after usual and ,customary treatment in the treatment facility, . would violate any Federal, Interstate, State, or City rules, requirements, Page 10 of 44 standards, or regulations; and iii} Amounts of BOD and suspended solids contained in such waste shall not exceed the design loading of the f=acility. Ail fees applicable to septic sludge dumping shall be billed and collected by the City. Septic sludge dumping shall be allowed during normal working hours, five days per week; and iv) All septic sludge-hauling contractors requesting approval for dumping sludge at the treatment plant shall be subject to approval by the City. EMC shall have the right to refuse any septic sludge materials that da .not meet City criteria. n Testing, EMC shall sample and perform the appropriate influent, effluent, CSO, stream and biosolids testing outlined in the City's NPDES permit. Should the scope or frequency of testing change due to the requirements of these permit or to any regulatory or administrative action, EMC's compensation shall be adjusted upward or downward after reasonable data justifying the change have been provided to the City to reflect the change in EMC's costs. fn the event the parties cannot agree to the change, the matter will be provisionally determined by the goad faith and impartial decision of a Consulting Engineer acceptable to both parties. The parties agree that any adjustment to the compensation must either be subject to the limitations on total compensation to EMC set forth in Section fV {C) (iii) of this Agreement ar be retested as a new Agreement and comply with Revenue Procedure 97-13. o Laboratory Analysis. EMC shall perform the necessary testing and laboratory analyses as required by the City's current NPDES permit as well as for process control. EMC shall prepare all NPDES and State permit monitoring and operation Page 11 of 4~} reports and submit them to lDEM with monthly co-pies to the City. p Reporting. i) EMC and the City shall develop reasonable reporting and communications procedures satisfactory to the City. EMC shall submit monthly reports to the Gity and regulatory agencies in accordance with the mutually established communications procedures, including reports on effluent quality performance during the month and a log report of all citizens' complaints. ii) EMC shall provide the City or its rate consultants reports allocating the cost of its contract and operations to various categories and objectives reasonably required to determine rates and fees for the various aspects of the System. iii) On an annual basis, EMC small provide formal reports to the City on projection of renewal and replacement needs. q Records of Operation. EMC shall maintain necessary and sufficient records of operation and maintenance activities to meet local, state, and federal requirements under the NPDES permit. These records shall be the property of the City. EMG shall maintain these records at the Plant site, available far use by authorized City personnel. r Liaison. EMC shall be responsible for representing the City before regulatory agencies having jurisdiction over the System and the Gity shall be informed of all meetings, hearings and relevant information, and shall be entitled to participate in any of the above. The City Engineer shall be the primary contact between EMG and the City for day-to-day operations that do not involve changes to this Agreement per Page 12 of 44 Section V(c). s Safety. EMC shall administer asite-specific safety program to .include training, record keeping, and safety meetings, ail in conformance with OSHA regulations and any requirements of the State of Indiana.. t `!"raining. E11~1C shall implement an ongoing training program, with classroom and hands-on training for all personnel. Training shall include; but not be limited to safety, Plant operations and maintenance, Collection System cleaning and maintenance, and laboratory operations and maintenance. u Employee Drug and Alcohol Testing. Within 60 days of the commencement of operations under this Agreement, EMC shall submit to the City for its approval a plan . for periodic testing of EMC's Plant and Collection System employees for drug and alcohol blood content. Upon the City's approval of the plan, EMC shaft implement the plan for the duration of the Agreement. The City reserves the right to require as part of its approval that the plan include reasonable provisions for random testing to the extent permissible under the law. v Insurance. i} EMC shall maintain the following insurance during the term of this Agreement: Worker's Compensation As required by statute Comprehensive General Liability Bodily Injury, Personal Injury Liability and $1,000,000 per occurrence Property Damage $2,000,000 aggregate Page 13 of 44 Employer's Liability: Bodily Injury by Accident Bodily Injury by Disease $500,000 each accident $500,000 each employee Comprehensive Automobile Liability: Bodily Injury & Property Damage Combined $1,000,000 per occurrence Professional Liability $1,000,000 per occurrence Umbrella Coverage $5,000,000 ii} EMC shall furnish the City with satisfactory proof of such insurance, and each policy shall require a 30-day notice of cancellation or material change to be given the City while this Agreement is in effect. These policies shall be in effect from .the date of commencement of operations under this Agreement. iii} At all times during the term of this Agreement, EMC shall keep in effect the aforesaid insurance coverage. Neither failure to comply nor incomplete compliance with the insurance requirements of this section shall limit or relieve EMC of its obligations hereunder. If EMC fails to purchase or maintain the insurance required under this section, the City may, but will not be obligated ta, purchase such insurance on EMC's behalf, and the City shall be reimbursed by EMC for any premiums paid by the City on behalf of EMC. iv) Al! of the policies itemized in this, section, except Worker's Compensation and Professional Liability, shall name the City as an additional insured, to the full extent of EMC's performance and indemnification obligations pursuant to this Agreement. Page 14 of 44 w Gdor Control. EMC shall operate the Plant and Collection System so as to minimize, consistent with gaol industry practice, the generation of odors through an i ongoing odor control program and deal in a concerned, professional manner with any individuals or community groups concerned with odors. EMC shall operate the portions of the facilities under its control at a high standard of physical appearance. EMC shall promptly address .any reasonable objections to physical appearance made by the City Engineer. x Grounds 11~aintenance. EMC shall be responsible for all grass mowing, trimming, or other grounds maintenance of the Plant the CSO facilities and pumping stations, utilizing the City's equipment. EMC shall promptly address any reasonable objections to grounds maintenance made by the City Engineer. y Capital Budget Submission. EMC shall be knowledgeable about the City's capital expenditure program for the Plant and Collection System z Inventory. i} Immediately upon commencement of this Agreement, EMC shall submit an inventory of the equipment, tools, materials, cansumables and expendable supplies and spare parts at the Plant and at the Sewer Department. The City shall have 20 days to verify and accept EMC's list. At the termination of this Agreement, EMC shall pay the City in the event that the inventory of these items is less at the time of termination than this initial inventory. EMC shall maintain an adequate spare parts inventory for proper maintenance and repair of the Plant, Lift Sta#ions and proper preventive maintenance of the Collection System. • ii) Any purchase of equipment, tools, materials, supplies, spare parts, or capital Page 15 of 44 improvements shah upon the purchase thereof became the sole and absolute property of the city subject to on}y the terms of this Agreement. At the termination of this Agreement, all said items shall be returned to the C`sty's possession. iii) Only purchases of items by EMG which are outside the scope of the Agreement and are not directly or indirectly reimbursed by the City; including ail EMC sludge equipment shall be titled to and remain the property of EMC. Any vehicles purchased lay EMC for the use of the Facilities Manager will remain the property of EMC. as pretreatment program. EMC shall oversee the administration of the City's industrial Pretreatment Program (1PP). EMC shall identify major industrial discharges and coordinate the planning, sampling, analytical testing, reporting and development of the City's }PP. bb Emergency Response Plan. EMC shall develop, maintain, and implement an emergency response plan for the Plant. EMG shall submit its proposed plan to the City for the City's approval within 60 days of the initiation of this Agreement. 3} RESPONSIBILITIES OF THE CITY a The City shall provide for EMC's use all equipment, structures, vehicles, and facilities under its ownership currently assigned to the Plant and Collection System. The City shall be responsible for the cost of replacing these items including the vehicles and equipment currently assigned to the facilities as listed on Appendix B. b The City shall maintain ail existing licenses, permits, and agreements that have been Page 16 of 44 granted to the City as owner of the System and shall procure ail others necessary to operate and maintain the System covered by this Agreement. c City Insurance. The City agrees to provide and maintain property and structures liability insurance and earthquake insurance, including extended coverage plus vandalism and malicious mischief to tine full insurable value of the Plant and Collection System and all City owned vehicles. d Collection Systern Repairs. The City agrees to take responsibility for all repairs to the sanitary sewers, combined sewers, force mains, and CSOs. EMC shall not be responsible for any fines related to the operation and maintenance of the collection system, caused by the need for repairs of which EMC had previously identified and notified the Gity and for which the City had failed to authorize and conduct appropriate corrections. e ~/ehicle Maintenance and Repairs. EMC shall pay for all routine maintenance and repairs under $1,000 of ail City vehicles.assigned to it under this Agreement as listed in Appendix B. f Electricity. The City will pay all electricity costs for the System, subject to reimbursement for amounts exceeding the Electricity Cap in Section 1V.d, below and .further, subject to the limitations on total compensation to EMC set Earth in Section IV (C) (iii) of this Agreement. Page 17 of ~4 COMPENSATION a Expenses. EMC shall pay all expenses required for the normal operation and maintenance of the Plant and Collection System including, but not limited to personnel costs, fuels, chemicals, utilities texcluding electricity used in the operation of the System}, services, spare parts, materials and expendable supplies. Examples of items not paid for by EMC include, but are not limited to, the following: i) Change in scope of services; ii) Capital expenditures as defined hereinafter; iii) Any damages which result from Force Majeure (as hereinafter defined), or any third party; or iv) Collection System repa-rs. b Vllastewater Flows and Loadings. i) The following data, representing flows and loadings for the treatment facilities less industrial contributions during May ~, 2003 through April 30, 2004, shall serve as the benchmark data for this Agreement: Annualized Average Daily Flow 5.84 mgd {at an annual rainfall of 57.8 inches} Annualized Average Daily Influent CBOD ~ 10,697 Ibs Page 18 of 44 Annualized Average Daily Influent TSS Annualized Average Daily Ammonia (NH3-N} 10,253 ibs 596 !bs ii) if during any twelve-month period the average flow andlor loadings increase or decrease by 10% or more, the compensation to EMC shall be adjusted upward or downward to reflect the change. in EMC's costs. The City and EMC shaft negotiate an adjustment to reflect any change in actual costs associated with change in flow or loadings. In the event the parties cannot agree to the change, the matter will be determined by the good faith and impart'ra! decision of a Consulting Engineer acceptable to both parties. The parties agree that any adjustment to the compensation must either be subject to the limitations on total compensation to EMC set forth in ,Section !V (C) (iii} of this Agreement or be retested as a new Agreement and comply with Revenue Procedure 97-13. c Compensa#ion. i) During the first twelve months fallowing commencement of this Agreement, the City shall pay EMC, as compensation for the services to be performed as described in this Agreement, the sum of $ 123,125.33 per month ($ 1,477,504 annually) with adjustments as specified hereinafter. This amount shat{ be the "Base Compensation" for computation of all adjustments to compensation made pursuant to this Agreement. Monthly payments shall be due the 10th of each month for which services will be rendered, upon presentation of invoices by EMC. Late payments shall accrue interest at a rate equal to the then current Federal Funds rate on the unpaid balance. The Base Compensation shaft be ~b'ect to ad~ustment far inflation and cost increases an Aprif 30, 2005, and each s ~. i S Page 19 of 44 April 30 thereafter. The adjustment shall be three percent (3%). ii) No later than sixty (6Q) days following the end of each quarter of operations under this Agreement (e.g. July 31, October 31, January 31 and April 34), the City shall pay EMC an Incentive Payment in an amount not to exceed $S,CiDQ per quarter ($20,t}fl4 per annum), The City .Engineer shall determine how much, if any, of this Incentive Payment wiU be paid.to EMC, based on the City Engineer=s satisfaction with EMC's performance under this Agreement. Such determination shall be at the sole discretion of the Gity Engineer, subject only to the approval of the City and further subject to the limitations an total compensation to EMC set forth in Section !V (C) (iii) of this Agreement. iii) The City and EMC agree that the Base Compensation paid to EMC for each annual period shall be at least fifty percent (50%) of the total compensation paid to EMC under this Agreement, exclusive of any compensation paid to EMC for reimbursement of actual and direct expenses pair! by EMC. Therefore, for each annual period, any compensation paid to EMC under this Section IV or any other section of this Agreement that is not Base Compensation and is not reimbursemen# of actual and direct expenses shall be included in EMC's total compensation and cannot exceed the Base Compensation. iv) !f the parties adjust the Base Compensation, the Agreement shall be retested as of the date of the adjustment to determine its compliance with the requirements of Revenue Procedure 97-13. The parties agree that any adjustment #o the Base Compensation must comply with Revenue Procedure 97- page 20 of 44 13. i v) No compensation paid to EMC shall., be based, in whole or in part, on a share of net profits from the operation of the System. d Electricity Cap. EMC will cap the City's annual electricity cost for the Plant only at $165,663.38.- Any electricity costs above the cap shall be reimbursed by EMC within 30 days of the end of the contract. year, subject to the limitations on total compensation to EMC set forth in Section lV {C) (iii) of this Agreement. The electricity cap is based upon Ginergy Rate HLF at the Treatment Plant. e Electricity Adjustrnea~t. The annual electricity cap of $165,663.38 shall be adjusted annually if necessary on January 1, 20Q5, and annually thereafter by the percentage change in electricity rates that may occur during the period preceding each adjustment date and the actual electrical costs of new units added to the wastewater treatment system. Adjustments shall be retroactive to the date of the rate change. f Industrial Surcharge Fees. The City shall compensate EMC far increased operational costs associated with loadings from industrial discharges to the wastewater system in excess of the limitations defined in the Sewer Use Ordinance. The rate of compensation shall be equal the additional aperational costs incurred by EMC as documented by EMC and submitted to the City Engineer far approval. Payment shall be paid to EMC within .sixty {60) days of the end of the month in which the surcharge is collected. Any compensation paid to EMC pursuant to this Subsection {f) shall be subject to the limitations on total compensation to EMG set forth in Section IV {C) {iii) of this Agreement. g 5t,affirag. Page 21 of 44 i) if at any time, the number ofi employees assigned by EMC to this Agreement falls below 15 due to attrition, and EMC and the City agree that the position should not be #iiled, seventy-five percent (75°l0) of the cost of the vacated position's base salary and benefits shall be rebated to the City, subject to the limitations on total compensation to EMC set forth in Section lV (C) (iii) of this Agreement. This rebate shat! be effective the first day ofi the month following the reduction. This provision does not apply to temporary vacancies.. h Annual Maintenance and Repair Costs. i} EMC shall pay all individual repair parts, maintenance materials and maintenance services items under $1,000, excluding EMC labor, during the term of this Agreement. ii) The City shall establish a Sewer Repair and Replacement Account in the budget of the City Engineer that is independent of EMC's. compensation and responsibility. This account shall be funded in the amount of $100,000 annually. iii) Maintenance or repair items that have a reasonable cost in excess of $1,000 shaft be paid from the Sewer Repair and Replacement Account, upon the approval of the City Engineer, which shall not be unreasonably withheld. Any maintenance or repair item that has a reasonable cast in excess of $5,000 shall be approved by the City. i Capital Expenditure. i) For the purpose of this Agreement, a capital item shall be defined as any item of equipment, building or repair that has a useful life greater than one year, nr adds Page 22 of 44 useful life greater than one year to an existing asset, and that costs .$5,000 or more. ii) EMC shall submit to the City and the City Engineer all recommendations and requests for capital expenditures. 5) MISCELLANEOUS a Term. i) The term of this Agreement shall be a three {3) year period commencing May 1, 2004, and expiring April 3q, 2g07. Each twelve month calendar period in the Term ("Term") shall be referred to as a "Contract Year" ii) This Agreement may be extended at the mutual option of the parties far two additional one {1)-Year periods under the same terms and conditions as stated in this Agreement. Each party shall notify the other in writing of its intent to extend the Agreement no fewer than one hundred eighty {180) days prior to the expiration of this Agreement or of the expiration of any extensions thereof. iii) EMC expressly agrees that the City shall have the right under this Agreement to institute selection processes or negotiations for a potential successor contract operator at anytime prior to the end of the Term of this Agreement or any extension of it. b Termination. Either party to this Agreement may terminate this Agreement upon material breach or an unsatisfactory level of performance by the other party providing such terminating party first provides Vvritten notice of such breach to the other party and that such breach of performance issue is not corrected within 90 Pale 23 of 44 days. In this event, EMC shall continue to provide the operations staff for a period of at least 9Q days beyond the date of termination at the then current Base Compensation. c R~;p:resentative, The City designates the City Engineer as the City's primary point of contact relative to this Agreement. EMG designates its Facility Manager as EMC's primary point of contact relative to this Agreement. Either party may revise its primary point of contact by providing written notice to the other party. d Warranties and Guarantees. EMC shall assist the City with enforcement of existing equipment warranties and guarantees and maintain all warranties on any new equipment purchased after the Agreement is executed. The City shall cooperate with EMC on any existing guarantees and warranties for the mutual benefit of the City and EMC. e No collusion. EMC certifies, under the penalties for perjury, by the signature of the duly authorized corporate representative below, that it has neither given nor received anything of value other than the consideration set forth herein, to secure this Agreement with the City of Jeffersonville, Indiana. EMC further certifies, under the same penalty of perjury that it has not promised anything of value to any agent, employee, or officer of the City of Jeffersonville nor colluded with them to obtain this Agreement, f Scheduled Meetings. EMC shall meet with the designated City representative at the' Ci#y's convenience, at least on a monthly basis. The purpose of these meetings shall be to discuss the operations at the Plant and Collection System with special emphasis placed on items that are unique or are funded by the City's maintenance Page 24 of 44 and repair budget. g Quarterly {operations Audit. EMC shah provide al! records reasonably requested to enable the City to conduct a quarterly performance audit of EMC's compliance with the terms and conditions of this Agreement. The City may conduct the quarterly audits with the services of its own employees and/or wi#h the services of.engineering and financial consultants of the City's choice. h Existing Laws. EMC shall comply with all applicable local, state, and federal laws and regulations as they pertain to the Plant and Collection System. This Agreement shall be construed according to the laws of the State of Indiana. i) Changes. In the event that any changes in the scope of the operation of the Plant and Collection System shall occur including, but not limited to changes in governmental regulations or reporting requirements, effluent standards, pretreatment programs and testing, Collection System cleaning requirements, biosolids disposal restrictions, or changes in scope of services in Article 1l of this Agreement, which increase or decrease the cost of operating the Plant andlor Collection System, either EMC or the City may request an equitable adjustment to the compensation paid to EMC. in the event the parties cannot agree to the change, the matter will be provisionally determined by the good faith and impartial decision of a Consulting Engineer acceptable to both parties. i Hold Harmless. EMC agrees to and shall hold the City, its elected and appointed officers, and its employees and authorized representatives harmless from any liabilities for claims or damages for personal injury or property damage caused by, or M arising from the negligence of EMC. Such indemnification shall include, but not be Page 25 of 44 limited to, indirect consequential and pollution damages. In turn, the Gity agrees to and shall hold EMC, its officers and its .employees and authorized representatives harmless from any liabilities for claims or damages for personal injury or property damage that are caused by, or arise from, the negligence of the City. Such indemnification shall include, but not be limited to, indirect consequential and pollution damages. j Comparative Responsibility, In the event that both EMC and the City are found by an independent fact finder to be negligent. and the negligence of both is the proximate cause of such claim for damage for personal injury or property damage, then in such event each party shall be responsible far the portion of the liability equal to such party"s comparative share of the total negligence. k Waiver. The failure on the part of either party to enforce its rights as to any provision of this Agreement shah not be construed as a waiver of its rights to enforce such provisions in the future. 1 Prior Legal Claims, EMC, by executing this Agreement represents and agrees that the cause of action asserted by EMC in Clark County, Indiana, Circuit Court Cause 10C01-0310-PL-610, styled Fnvironmenfal Management Corporation vs. Sewer Board of fhe City of Jeffersonville, Indiana, of al. has been dismissed and EMC will not seek to revive the action or make .any further claims against the City relative to its legal and contractual authority in requesting statements of qualifications on August 11, 2003, and proposals, on September 30, 2003, to operate, maintain and manage its Sanitary Sewer Treatment and Collection System. Page 26 of 44 m Assi~mments. This Agreement may not be assigned by either party without the prior written consent of the o#her party unless such assignment steal! be effected by operation of the law of the State of Indiana n Mondiscrimination. i) EMC shall not discriminate agains# any employee or applicant for employment because of race, religion, color, gender, age or national origin. ii} As a recipient of federal funds and in accordance with Executive Order 11246, as amended, and its implementing regulations, the City incorporates in this Agreement the provisions of Section 2a2 of Executive Order 11246. By executing this Agreement, EMC shall be deemed to have acknowledged its willingness to comply, and to assist the City and the Board in complying with these requirements. iii) Wi#hin sixty (60} days of the commencement of operations under this Agreement, EMC shall submit to the City, far its approval, which shall not be unreasonably withheld, an Affirmative Action Flan, incorporating to the maximum extent allowed by law, measurable goals, to ensure the diversity of the EMC workforce subject to this Agreement. The Affirmative Action Plan shall meet the requirements set forth in Appendix C. Failure of EMC to comply with the City- approved Affirmative Action Plan shall constitute sufficient grounds for the City to withhold the annual Incentive Payment to EMC. iv) EMC shall propose, within sixty (6g) days from the commencement of operations under this Agreement, policies, practices and strategies it intends to employ during its performance of the specific services required under this Agreement to Page 27 of 4~ encourage qualified Jeffersonville-area Minority Business Enterprises (MBE} and Women Business Enterprises {WBE} to participate in the performance of services under the Agreement as subcontractors, partners, joint venturers or vendors. The proposed policies, practices and strategies meet the requirements set forth in Appendix D, and shall be subject to final approval of the City, which shall not be unreasonably withheld. o Relationship. lfi is understood that the .relationship of EMC to the City is that of an independent contractor and that none of the employees or agents of EMC shall be considered employees of the City. EMC shall not have any role or relationship with the City that, in effect, substantially limits the City's ability to exercise its rights, including cancellation rights, under this Agreement, based on all the facts and circumstances. None of the directors, officers, shareholders and employees of EMC shall be members of the Common Council of the City during the term of this Agreement. At na time during the term of this Agreement shall-EMC and the City be related parties, as defined in § 1.150-1 (b} of the Treasury Regulations. p Force Majeure. Each party's performance under this Agreement shall be excused if the parfiy is unable to perform because of actions due to causes beyond its reasanable control, including but not limited fio Acts of God, the acts of civil or military authority, floods, epidemics, quarantine restrictions, riots, strikes, and comrnerciai impossibility. ]n the event of any such force majeure, the party unable to perform shall notify the other party within 24 hours of the existence of such force majeure and shall be required to resume performance of its obligations under this Agreement upon the termination of the aforementioned force majeure. Authori t~ Contract. Each party warrants and represents that it has authority to q ~ Page 28 of 44 enter into this Agreement. The City warrants, represents and certifies that it has appropriate funds or sources of funds available far payments to EMC required by this Agreement. if the City is unable to provide appropriate funds, EMC shall have the option of terminating this Agreement. r Access. Authorized Gity officials, employees and consultants shall have access to the Plant and ail other System facilities at all reasonable times. These autnor~zeu parties are identified in Attachment E. Except in emergencies when such notification is not possible, the authorized parties shall notify EMC prior to or upon their arrival at the Plant or other System facilities. These authorized parties agree to abide by EMC's safety and security procedures. s The Gity and EMC intend that the Agreement comply, and hereby covenant to take any actions necessary so that the Agreement does in fact comply, with the provisions of Rev. Proc. 97-13 hand any successor tax law) during the term of the Agreement in order to ensure that EMC's management of the City's System is not private business use under Section 141 of the Code. t Notices. All notices shall be in writing and shall be delivered in person or transmitted by certified or registered mail, return receipt requested- i) Notices required to be given to EMC shall be addressed to: Environmental Management Corporation 1001 Boardwalk Springs Place O'Fallon, Missouri 63366 Attention: Contract Administration. ii} I`lotices required to be given to the City shall be addressed to: Page 29 of 44 City of Jeffersonville City-County Building Jeffersonville, IN 47130 Attention: Mayor Rob Waiz !N WITNESS WHEREOI=, the parties sign this Agreemen# as of the date first above writ#en. CITY OF JEFF f Robert L. Waiz, Jr. ; Mayer ofi Jeffersonville/Sewer Board Chairman ,~. t# s i ~ ~~~ ~~~ ~, ~~ ^f=~,: Jeff aldwell, Sewer Board Member ~x~° ,~ ~ >e Jack,~o~lan, Sewer l~o~fd Member WITNESS: ~ ~ ;~~~' ~ r~a~ i'~~t ~~-,~' §'~,...'"""ate ;° ~ ~ecr~tary, Sewer Board ENVIRONMENTAL MANAGEMENT CORPORATION f < s6 ~ ~`~ ~~~ ~~ Vice-President i, ,; i~~' t ~: --¢: ~ ~ 1 F.: {{ ~ / !t t 3 ~, ~r a */~ i~ Paga 30 of 44 ~~ ~1TNESS: ,,_ ._ ~' ~ . Page 31 of 44 Appendix A Effiuen# Quality Guarantee Subject to the terms and conditions of this Agreement, EMC will provide the EMC Services such that the effluent meets the requirements of the NPDES Permit #IN0023302 with an expiration date of April 30, 2004. EMC shall also meet the requirements of the reissued permit. Any changes to the permit effluent limits which increase EMC's costs shad be considered a change in scope and resolved pursuant to Section V{i) of the Agreement. EMC will be responsible for meeting the effluent quality requirements of the NPDES permits unless one or more of the following occurs: 1. The influent to the treatment plants does not contain adequate nutrients to support operation of the biological processes andfor contains biologically toxic substances that cannot be removed by existing process and facilities.. (See Definitions below.} EMC is obligated to regularly moni#or the nutrients in the influent and provide adequate nutrients for the biological process consistent with good industry practice. 2. Discharges into the City's sewer system v'solate any of the regulations states in the City's Sewer Use Ordinance. EMC is responsible for implementation of the industrial treatment program but the City is responsible for active enforcement. 3. The flow, influent BODE, and or influent TSS is greater than the plant design parameters; which are as follows: Average Flow (dry weather} Maximum Flow Influent BODS Influent TSS Influent Ammonia (NH3-N) 5.2 MGD 22.8 MGD 10,581 IbsJday or 244 mg/1 10,214 lbs/day or 233 mg/I 867 Ibs/day or 20 mg/l 4. If the Treatment Plant can operate only at reduced capacity due to construction activities, fire, flood, adverse weather conditions, non-EMC labor disputes or other causes beyond EMC's control. EMC shall notify the City in writing within 24 hours of any condition resulting in reduced capacity. 5. In the event that the influent and effluent metals concentration become excessive, then the City agrees to reduce the levels of contributions by permittees of the City's Sewer Use Ordinance to a level which allows the treatment plant to resume compliance. EMC shall imp€ement the pretreatment program but the City shad provide the necessary enforcement aCtlons. Definitions: Adequate Nutrients: Treatment Plan influent nitrogen, phosphorous and iron percentages as they relate to 13OD5 as follows: Nitrogen -- 5%; Phosphorus -- 1 %; Iron _ 0.5%. Biologically Toxic: Any substance or combination of substances contained in the influent to the Treatment Plant in sufficiently high concentrations so as to interfere with the treatment Page 32 of 44 processes necessary for the removal of organic and chemical constituents of the wastewater required fio meet the discharge requirements of the City's NPDES permit. 1"-1 !~ J Page 33 of 44 Appendix B City Owned Vehicles & Equipment Assigned to EMC ~hicle i_ist Vehicle 1D# 'fear Madel 2637 1996 Dad e Pick U 50p1 1992 Dum Trailer 5002 1992 Dump Traiier 4215 1957 Vac Truck 1557 1995 Vac Truck A ~nF '1 AQ'I ~nrr{..cc~mi Appendix B City Owned Vehicles & Equipment Assigned to EMC ~hicle List Vehicle ID~# 'fear Model 2637 1996 Dad e Pick U 5001 1992 Duni Trailer 5002 1992 Dump Trailer 4215 1997 Vac Truck 1557 1995 Vac Truck 4306 1991 Ford-semi 4307 1991 Forc#-semi 4880 1990 Camera Truck 1076 1990 PI rriouth Van 9804 1999 Dod e Van ' 0395 1998 Dod e Pick U 4440 2000 Dod ' e Pick U 6835 1992 Johri ©eere 6834 1992 John Deere 3604 2001 Frei htliner Eq~i~rnent List E ui ment Descri Lion T e/Manufacturer Size H Number of units Years in Service ad Works Bar Screen Packson AG-MN-A 1 ~2 12 Rotatin Grinder Grit Removal emco 4x4 3 2 12 Grit Washer emco 12 1 2 12 Vortex eta Si<12 D.5 2 12 Storm um s H. Press H cor 3 2 12 Oxidation Ditches Brush Drives Mixers Philade( hia PSA 13-52 PTO 100 4 12 RAS Pum s FI ht SN 9840225 35 4 4 WAS Pum s FI ht SN 9840225 35 4 Seconda S stem FinaE Clarifiers mwell 42 H6 0.75 4 12 Scum Pum s Scan Pum ex 2 2 12 Effluent Pum s M ers 3 2 12 Process Water Pum s Demin 5 2; 12 Mixer ! Philade! hia 3800 3 • 1 i 12, i bisinfection Svstem ~ CL2 & S02 Wallace Tiernan V- N07CH 4 12 Page 34 of 44 ~ ui ment Descri tion T e/Manufacturer Size H Number of units Years in Service Biosolids Handlin Di esters Transfer Pum s Di ester Slavers utorbilt GF-JEE BA 200 3 12 Slud e Loadin Pum s Gravit Thickener mwell 0.75 2 12. Thickener Slud e Pum s Pen Valle 4" DD 5 2 12 Thickener Scum Pum s Thickener Blowers Gravit Belt Thickener Gravit Belt Thick. Pum s Thickener Loadin Pum s Belt Filter Presses shbrook KP3 3 2 12 Other - Slud e Process 3800 Mixer 3 1 12 Press Feed Pum s Pen Valle 4" DD 5 2 12 Pot mer E ui ment Pol max 4022 DF 81100 0.5 12 Slud e/Lime Blender Thermo Blender Conve or S stem CESGO 910101 3 1 12 Filtrate Pum can 26153 3220 8.5 2 12 Wash Water Pum s Lime Stora e S stem Miscellaneous influent FIo4v Meter Si ma 974 1 2 Effluent Fiow Meter Si ma 980 1 months Other Flaw Meters Sam lers iSCO 6700 FR 2 4 Standb Generators OMAN 750 KW Modef 750DF JA 1 12 Page 35 of 44 th Street Lift Station 12 Pum s P um ex 12 1 12 P l ht 7 1 2 F i ht 7 1 2 Pum ex 12 1 12 FI ht 75 1 months Standb Generators Cummins ~ 12 Mill Creek Lift Station 32 Pum s rora 25. 2; 32 Standb Generators Gummin s 1 12 S rin Street Lift Station Pum s Chico o 2 1 34 pica o 4 1 34 Ghica o 7 1 34 Standb Generators Cummins 1 12 r Creek Lift Station B ld 1 month o e Pum s Me ere 1 month Standb Generators Gatewa Lift Station 3 Pum s Me ere 2 2 Standb Generators None r#ie S rin s Lift Station 27 Pum s Fairbanks & Morris 7.5 2 27 Standb Generators None i h Meadows 1 4 Pum s traeffer 2 ~ '~ Standb Generators Nane Hi h Meadows 11 1 Pum s Straeffer 2 1 Standb Generators None Dld Stoner Lift Station Pum s H dromatic 2 4 2 4 Standb Generators None Liters Lift Station 2 Pum s Straeffer 8 2 2 Standb Generators None Cedarview Lift Station Pum s ex-Vit Gast Mf . Co 1. 1~ 40~ ? ' Standb Generators None E ection S stem Creekstone Lift Station _ 3 Pum s Straeffer 7.5 2 3' Standb Generators None Ma nolia Lift Station 50 Pum s Fairbanks & Morris 3 2 ? Standb Generators ~eor is Cross_in Pumps __ (None Straeffer 7.5 ~ 2 2~ s 2 Page 36 of 44 .. Standb Generators N one Crurns Lane I 11 Pum s E aton 5 2 1 Standb Generators None Crurns Lane II 1 Pum s Reliance ~ 2 ? Standb Generators one Cruets Lane III 16 Pum s H dromate 1.5 2 ? Standb Generators None Ewin Lane Lift Station 26 Pum s Chica a 2 2 26 Standb Generators None Eastern Blvd Lift Statian 17 Pum s arthin ton 2 2 1 Standb Generators None Golfview Lift Station 11 Pum s Straeffer 2 11 Standb Generators None Utica I 11 Pum s Me ers 1 2 11 Standb Generators . None Utica it 1 Pum s Straeffer 3 2 1 Standb Generators None 'ver ort I 15 Pum s i35 2 15 Standb Generators None River art 11 6 Pum s Straeffer 4 2 Standb Generators None Colonial Park Lift Station 1 Pum s ~Me ers 7. 2 1 Standb Generators None Louise Street Lift Station 25 Pum s Crane 2 2 25 Standb Generators None Cher Creek Lift Station 25 Pum s Fairbanks & Morris 1 2 25 Standb Generators None Carri Powers 34 Pum s Chica o - 1 2 34 Standb Generators None Rivershore _. 18 Pumas Straeffer 2 18 Standb Genera#ors None Powerhouse Lift Station 42~ Pum s Chica o 1 2 42 _ ~fianrlhV C~F?rSP.CatO`S Nine i Page 3? of 44 Scott Road Lift Station 1 Pum s Me ers 2 2 1 Standb Generators None asant Run Lift Station 1 Pum s H dromate 7 ~ 1 Standb Generators '- None stile S rin s Lift Station Pum s _ Me ers 1 2 1 Standb Generators Sk line Acres Lift Station pum s Me ers 15 2 :8 months Standby Generators ___ Page 38 of 44 Appendix C Requirements for Affirmative Action Pian '!. Meet requirements of E.O. 11246 and the implementing regulations OFCCP, 41 CFR Part 60-1 & 60-2 amended December 13, 2000) and the Guidelines on Affirmative Action plans issued by the Equal Employment Opportunity Commission (EEOC} at 29 CFR Part 1608, as determined by the City Attorney. (n this regard, a the plan will contain the following provisions; A. EEO Policy Statement. B. Establishment of Responsibilities for Implementation. i. Designation of responsibilities of EEO administrator. ii. Responsibilities of Management. C. Identification and Correction of Potential ProblemslAreas for Improvement. D. Accomplishments of Prior, Placement Goals. E. Development and Action~Oriented Programs F. lnterna! Audit and Reporting Systems 2. The Affirmative Action Plan will be supplemented with the following affirmative actions specific to this contract: A. The goal of the plan shall'be to achieve at minority representation of EMC employees andlor subcontractor employees working at the Plant equal to or in excess of the minority representation in the community served (currently 13,6%). EMC will track and report annually to the Board on its performance relative to this goal. B. As part of its effort, EMC shall advertise any openings in the plant in at least two publications intended to reach the largest percentage of the local minority population. Furthermore, it will contact the City Sewer Board members and at least two minority business, civic or religious leaders to seek out qualified minority applicants far the openings. if appropriate for the opening (e.g. one that requires only a high school diploma}, EMC shall contact the local High School placement offices} to solicit qualified candidates for the opening. C. EMC shall use all reasonable efforts to find at least one qualified minority candidate for each opening, but shall in all circumstances hire the most qualified acceptable candidate, without regard to race, color, national origin or sex. Page 39 of ~4 Appendix D Re uirements for MBEMIBE Develo ment & Utilization Plan Adopted from 327 IAC 13-1 ~ (TITLE 327. 11VATER POLLUTION CONTROL BOARD, ARTICLE 13. STATE REVOLVING LOAN FUND„ RULE 11. PROCUREMENT) 1. EMC shall take al] necessary affirmative steps to assure that small, minority, and women's business enterprises are used when possible. Affirmative steps shall include taking the following actions for all of these three (3) types of enterprises: {A) Placing qualified enterprises on solicitation lists. (B) Assuring that these enterprises are solicited whenever they are potential sources. {C) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by these enterprises. (D) Establishing delivery schedules, where the requirement permits; which encourage participation by these enterprises. (E) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. ~) Requiring the subcontractors, if subcontracts are to be let, to take the affirmative steps fisted in this section. Page 44 of 44 . ., Appendix E City Officers, Employees & Consultants Authorized for Access to Plant facilities. • Mayor . _ City Attorney Sewer Board Members g Consultants and engineers authorized by the Sewer Board including representatives from Jacobi Toombs and Lanz and Pl•-i Strand. • City Engineer . Assistant City Engineer Traffic Engineer • Authorized representatives from the Street Department NOTE: all persons must report to the plant's administrative offices immediately upon arriving. NOTE: this appendix maybe amended by the City Engineer, as needed, provided that EMC is provided reasonable notification in writing. Page 41 of ~~ ,. f Appendix F Preventative Maintenance Schedule ~_ ~ ~ , t~lY `l~o . . ~ LvG;ut.t~n Dail '.. Weeks ~_ ~ r~ ~ n . •Bi-Weet€i -- - w S fCtIC S rtn Boulder Creek Cam Powers ~ CBdarVieV'J Cherr Creak ~ Colonial Park ~ Creekstone Ride ~ Crums Lane I ~ Crums Lane f( ~ Crums Lane Ili i~astbrook ~ Eastarn Blvd C7 Evvinra Lane '~ Hi h Meadows ! Hi. h Meadows Il Liters Louise Street Ma nolia Street Mill Creek Old Stoner Place Pleasant Run Powerhouse River ort l Port Rd River ort II Rivershore Condos Scott Street Silver,- Creek . S rin Street ~-enth Street Utica I____________ Utica 11 U ~! . ~~ ~ 0 C7 0 ® s ~ I I ~ Page 40 of 424?-4?~-~ The fre uenc of maim°nance at um staticins added to bV mutual agreement of City and EI~IIC. Page 41 of ~2^~4~-4~ Appendix G Industrial Surcharge Mass AA~v 1 7f}(1~ to Anrit ~n 7(1f1t1 a Industrial BOD Dischar a total ounds above ordinance-defined domestic stren th waste) Month Wyandot Foods Ffau Oif Dallas Grou Steel namics Cargo Clean PQ Car Indiana American TOTAt_ Ma -D3 16,327 0 0 D 136 0 0 16,463 June-D3 24,718 0 0 0 681 0 0 25,399 Jul -03 17,550 0 D 0 154 0 0 17,704 Au ust-03 18,131 0 0 0 159 0 D 18,290 Se tember-03 16,836 0 0 7,918 $31 0 D 25,585 pctober-03 17,831 0 D 9,977 1,254 0 0 29,062 November-03 11,311 0 0 2,668 68 0 D 14.047 December-03 17,022 D 0 5,405 422 0 0 22,849 Janua -04 12,350 0 0 0 226 0 0 12,576 Februa -04 11,429 0 0 D 341 D D 11,770 March-04 11,776 0 0 0 1,124 0 0 12,900 A ril-04 16,9$4 0 0 D 1,088 0 0 18,072 , Total for Contract Year 192,265 0 0 25,968 6,484 0 0 224,717 Industrial TSS Dischar a (total pounds above ordinance-defined damestic stren th waste) Month Wyandot Foods Pfau Oil Dallas Grou Steel D namics Cargo Clean PQ Cor Indiana American TOTAL Ma -D3 0 650 54,890 0 0 0 3,359 58,899 June-03 0 759 13,140 0 0 0 2350 16,249 Jul -03 0 790 28,890 D 0 0 2,550 32,230 Au ust-03 0 1,050 8,040 0 0 1,209 2,868 ' 13,167 Se tember-03 0 2,122 26,172 13,60D 397 1,413 1,454 45,158 October-03 0 4,409 12,363 7,990 0 D 759 ~ 25,521. Navembar-03 0 3,290 9,190 4,90d 0 809 ~ 241 18,434 December-03 0 1,128 32,068 12,263 0 0 0 45,459 Janua -04 0 931 12,550 0 0 38 fl 13,519 Februa -04 0 377 15,D89 0 0 4,172 0 19,638 March-D4 0 625 8,107 1,586 0 0 0 10,318 A ril-D4 0 227 14,619 D 0 0 0 14,846 Total for Contract Year 0 16,35$ 235,118 40,343 397 7,641 13,581 313,438 Industrial NH3-N Dischar a (tots! pounds above ordinance-defined domestic stren th waste Month Wyandot Foods P#au Oil Dallas Grou Steel D namics Cargo Clean PQ Corp Indiana American TOTAL Ma -03 0 301 0 0 0 0 0 301 June-03 0 482 D 0 0 0 0 482 Jul -03 Au ust-03 0 0 346 396 0 0 0 0 0 0 0 0 0 0~ 346 396 Se tember-03 0 8$5 ~ 0 0 0 0 0 885 October-D3 0 733 0 D 0 0 0 ' 733 November-D3 0 922 0 0 0 0 0 922 December-03 0 1,032 0 0 0 0 0 1,032 Janua -04 0 622 0 D 0 0 0 622 Februa -04 0 1,026 0 0 0 0 0 1,026 March-04 0 441 D D G 0 0 441 April-04 0 321 0 0 0 0 0 321 Total for Contract Year 0 7,507 0 0 0 0 0 7,507 C:IDpCOEvtE-1\LmerkleylL0GAL5-1t7empE4pp G Industrial SurCh'arge.doc1052404