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HomeMy WebLinkAboutWastewater from Utica AGREEMENT , FOR · THE COLLECTION AND TREATMENT OF WASTEWATER FROM THE TOWN OF UTICA BY THE CITY OF JEFFERSONVILLE, INDIANA 66~L ~SE ~8 'ON Xg.~ 00ii35 ~ ~0' ~0 N0, ~0-I This Agreement made and entered into thi~ .~c?_~ day of /~..~~__ ...... , 1985, by and between the Town of Utica, Indiana¥ (hereinafter referred to as Town), and the City of jeffersonville, Indiana, (hereinafter referred to as the City), WITNESSETH THAT: WHEREAS, the Town has ~en awarded a Co,unity Development Block Grant/Co--unity Improvement Program funding by the Indiana Depar~ent of Co~erce for the purpose of constructing a sanitary sewer system to collect and transport sewage within the Town; and WHEREAS, the City has the capacity to accept, collect, and treat the projected i~ediate and future daily flows of wastewater generated within the Town; and WHEREAS, the Town is desirous that a sanitary sewage collec- tion and collection system be constructed within its boundaries; WHEREAS, Indiana Code 36-1-4-7 gives ~th the City of jeffersonville and the Town of Utica the abilit~ to enter into a contract and Indiana Code 26-1-7-12 allows the City and the Town . to enter into a Contract for the ~ervices of providing sanitary sewage collection and trea~ent, an~ for ~ervices of a fiscal agent for the collection of debt retirement funds; and, ~EREAS, Indiana Code 26-9-2-18, 36-0-2-17 and 36-9-2-16 allows the City to collect and treat sanitary sewage within four (4) miles outside of its corporate boundaries. NOW THEREFORE, in consideration of the mutual covenants and agreements to be kept and performed by %he parties hereto, it is agreed as follows: 1. The above-described sanitary sewer system shall be constructed and supervised during construction by the City. The City, shall' have complete charge and full supervision of the work. ~. This sanitary sewer system, shall consist of all of the necessary sewer piping, gravity or force ~ins, and all other 66T. L Z~;~ ;~T, 9 'ON X~ OOiI]$ I~ T~O'ZO NO~I 90-J0-911~ necessary equipment needed in order to allow the Town's sanitary sewer system to be connected wi th that of the Clark Maritime Centre's. It is the intent of both parties to this Agreement that the TOWn's sanitary sewage system shall connect on to the Clark Maritime Centre's system which system is then connected wi th the City's system pursuant to an "Agreement for the Collection and Treatment of Wastewater from Clark Maritime Centre by the City of jeffersonville, Indiana." It is further the intent of both parties to this Agreement that if fo.r any reason that Agreement with the Indiana Port Commission shall fail, then this Agreement shall be null and void. 3. The City will design, prepare plans and specifications, award, administer, and inspect the connector and collection system construction contract. The City will contract with the engineering firm, Elston, Luther, and McCauley, to provide engi- neering and inspection services associated with the utica sani- tary sewer project for so long as plans, specifications, and construction are in conformance with City standards inasmuchas the Town had previously contracted with them. The City is free to negotiate its own Contract. The City shall review and approve all construction plans and specifications in a timely manner prior to bidding the project, bid and award the project pursuant to applicable Department of Commerce and Department of Housing and Urban Development policies, procedures, and standards. The City will issue a notice to proceed to the "lowest and best" bidder regarding construction activies, and shall inspect the work during the progress of construction. The city will perform a final inspection of all sewer construction work, The City will bid connection and collector system construction activi ties within a reasonable period of time upon the completion and accep- tance of engineering plans and specifications. The Engineer O0£I!tS t.I~t t~O' ~0 NOI4 ciO-lO-OIlY shall secure all permi ts as required by the City General Specifications. The Engineer shall coordinate his design engi- neering and construction schedules with the Clark Maritime Centre's sewer construction schedule. 4. The City in the construction contract shall place the risk of rock removal upon the contractor' 5. The Town will grant a minimum of 15 foot wide easements wherever necessary for the City's construction, maintenance, and repair of the Connector and the System. The City will construct .. the Connector and %he System wi thin existing rights-of-ways wherever possible and economically feasible. Should it become necessary to obtain additional rights-of-ways or easements to install the Connector and System, the Town will secure additional rights-of-ways or easement property. In no case wi~! the City act as the lead agency in obtaining any easements or rights-of- ways for the Connector or the System. 6. The Town will guarantee access to public lands not included in Article 5 and private lands, where necessary, for the construction, maintenance, and repair of the Connector and the System. 7. Bidding for the project shall take place as soon as possible after the Clark Maritime Centre's Bidding, and construc- tion shall begin in accordance wi th Clark Maritime Centre's construction, with construction to be comi~leted within six (6) months after it has begun. 8. City agrees to maintain and operate said sanitary sewer system at no cost to the To~n. The city will own all mains, manholes, pumps and other related appurtenances associated with the Connector and System and will operate, maintain, and repair said facilities at no further expense to the Town. The City will require that the construction contractor warrant his work for one 00£I I$ bid c~O: EO blOId c~o-~,O-Off4 year after the date of final acceptance, and that any repairs to the contractor's work necessary due to faulty workmanship and/or defective materials, within %he one year period will be corrected at the contractor's expense. Any repairs necessary after the one-year warranty period will be the full responsibility of the City, except that repair work during the first year will extend the warranty for one year from the date repair is made. The City will continually treat the wastewater of the Town unless pre- vented to do so on a temporary basis by circumstances beyond the control of either part¥~ or unless by the parties matually agreeing that this Agreement should terminate. 9. The City will allow residential tap-ins of $60.00 plus a $10.~00 per %ap-in inspection fee. Initial. "residential tap-ins" of at least 209 with a maximum of 225 shall be allowed. Non- residential tap-ins will be subject to the City's published tap- in and inspection fees schedule. The City will charge each individual user connected for actual usage on the basis of the published rates for sewage-service for all non-residents of the City, plus a fee to repay the loan taken out by the Town as described later in thi~ Agreement. The loan fee shall be discon- tinued when the loan is repaid in full. The Town agrees to ensure the City that all %ap-ins will be completed within 90 days after completion of the project and the final inspection is approved' Any tap-ins after 'the 90 days shall be at the City's rate rather than this Contract'~ rate. 10. The City will require users within the Town that will produce industrial waste waters to pretreat said industrial wastes so that any wastewater entering the Connector is treatable by the City's treatment facilities. Any user connected that will produce wastewater with a concentration of treatable pollutants tha~ exceeds normal limits established by the City will be 66'[,L 898 El, 9 'ON 00£ I~S i48 90: EO NOI4 ..q0-1,0-'31"]¥ required to obtain the City's approval to enter said wastewater prior to introducing flow into the System, and the user will be subject to the. City's published surcharge rates for such excess loadings. User is. also subject to all future regulations of the City and State. 11. If at any point in time the City desires to expand its area of sanitary sewer service into areas that do not currently have access to sanitary sewer, the City shall have the full responsibility for upgrading the system, or any portion thereof, to accommodate the additional flow that will be derived from these currently unserved areas. The City shall bear all costs and provide all services associated with upgrading the system, or any portion thereof, to include, but not be limited to, sur- veying, , design, preparation of plans and specifications, per- mitting, construction, inspection and any other associated costs. 12. The TOWn shall pay to the City a base fee of no less than $462,250.00, and an amount up to no more than $572,250.'00, for the sanitary sewer system. Payment shall be made as follows: A. The Town shall make lump sum drawdowns as soon as possible as allowed by the State from its $500,000.00 line of credit pursuant to the grant agreement, executed by and between the Town and the Indiana Department of Commerce, for CDBG/CIP funding. B. The City shall put the remitted sums immediately upon receipt into an interest-bearing escrow account, at CommerceAmerica Banking Company, as the project funding and dispersement source. The account shall be drawn upon periodically for the purposes of satisfying planning, environmental review, contruction, administra- tive, implementation, engineering, and related expen- di tures associated wi th the Utica sanitary sewer project. C. The Town shall secure and execute a loan agreement with commerceAmerica Banking Company, Jeffersonville, Indiana, if needed to pay for any and all actual cost above the base fee. The amount to be borrowed by the Town shall be no more than $109,000.00. Pursuant to the other terms of this Agreement, the City shall bear the responsibility for repayment of the loan out of the pro- ceeds of the sewage billing proceeds. D. A portion of the CDBG/CIP line of credit, totaling $9,000.00, shall be reserved by the Town for audit pur- poses and shall not be drawn-down until all construction 00iI3S ~ 90:~0 N0~ 90-~0-0C~ is compleUed and the entire program is ready to close- out. E. The. Town will approve in a timely manner all drawdown requests submitted by the City as required by the State of Indiana, form A-12 "Claim Voucher," pro- vided that the form has been properly completed as indi- cated in the Grantee Implementation Manual. F. The City will remit obligations to project claimants in a timely manner and agrees that it shall not hold claims against the project/escrow account to obtain favorable financial gain. G. The Town reserves the right to inspect and examine all invoices, contractor's affidavits, waivers of liens and all other records and documents in connection with the payment for materials, labor, equipment and all other fees, costs and expenses incurred in connection with the construction of said sewer system. Pursuant to Article 4, the City shall have administrative responsibilities associated wi th. the project and furthermore agrees to honor the Town's commitment to contract with S.K. Wilson Associates, for planning, environmental review, admi- nistrative, implementation, technical assistance, and labor standards/bidding services for the sum of $28,750.00, which amount will be paid by the Town upon the awarding of the Construction Contract. The City will receive $7,25'0.00 from the escrow funds as compensation for fiscal management services in association with this project. The City also agrees to adhere to the following: Paragraph A' A~ministrative Guidelines: All 'activities author { z'~d ...... p~rs--~ant to the grant agreement between the Town and the Indiana Department of Commerce shall be performed in compliance wi th said grant agreement, grant conditions, applicable regula- tions of the Department of Housing and Urban Development, and the directives of the Indiana Department of Com~nerce. The City further agrees that it will comply with all future requirements determined by the Indiana Department of Co, er-ce to be necessary, as well as aplicable state and federal laws and regulations to which the Town and the Indiana Department of Commerce are subject. The City agrees to perform implementation and administrative services pursuant to the provisions of the Grantee Implementation Manual. This paragraph shall not be construed as the City being substituted for the Town as the grantee for CDBG/CIP funding but only means that the City agrees to implement and administer the project consistent with applicable regulations, policies and procedures. OOiI.~S 1,td LO'?~O NOI, t cJO-IO-Oflg (3) Contract Work Hours and Safety Standards Act of 196'2, 40 U.S.C. 327-33a, requiring the guards ) employed on federallY' assisted contracts be paid.wages of not less than one and one-half times their basic wage rate for all hours worked in excess of eight in a calendar day for forty in a work-week, whichever is greater; and (4) Federal Fair Labor Standards Act 29 U.S.C 201 · et seq., requiring that covered employees be p-~id at least the minimum prescribed wage and also that they be paid one and one-half times their basic wage rate for all hours, worked in excess of the prescribed work-week ~aragraph E. Fair Housing and Civil Ri~qh__t_s: The City will comply with: (1) Title VIII of the Civil Rights-Act of 1968 (P.L. 90-284), as amended. (2) Executive Order 12259, Leadership and Coordination of Fair Housing in Federal Programs, requiring that programs and activi- ties relating to housing and urban development be administered in a manner affirmatively, to further the goals of Title VIII of the civil Rights Act of 1968; (3) Executive Order 11246 as-amended by Executive Orders 11376 and 12086, and the regulations issued pursuant thereto (24 .CFR Part 130 and 41 CFR Chapter 60), which provide that no per- son shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. Contractors and subcontractors on 'Federal and federally assisted construction contracts shall take affirmative action to insure fair treatment in employment upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination, rates of pay or other forms of compensation and selection for training and apprenticeship. Paragraph F. Section 3 Requirements: -- T~--'-~i~y-will comply with Section 3 of the Housing..and Urban Development Act of 1968, as amended, requiring that it shall provide opportunities for .training and employment to lower-income persons residing within the unit of local government in which the project is loca- ted; and that contract for work in connection with %he project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing within the unit of local government. The City shall make a good faith effort to see that the statutory provisions of Section 3 of the Housing and Urban Development Act' of 1968 are implemented in connection wi th this project. 80' EO NO~I ~O-l~O-OF1V The C w~ll"compiY '~{~ t'he .... ~'~i-~ickback (Copeland) Act Of 1934, 18 U.$.C. 874 and 40 U.$.C. 276a, which outlaws an4 prescribes penalties for "kickbacks" of wages in federally financed or assisted construction~ activities. Paragraph H. Hatch Act !{equi~r_eme~ts: .... T~e City will--ComPly with the provisions of the Hatch Act which limits the political activity of employees. Paragraph_ ~._I_.... Access _~tP_ Records,...B~O_ k~~. ,__P_ape_rS and ._other Doc ~me n tS: ..... ~h~' city will give the Indiana Department of Commerce through any authorized representatives, access to and the right to examine all records, .books, papers, or documents related to the project. Par~g.raph__J. EPA Compliance: The City - wil'l~ inS'{~re~ that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's list of Violating Facilities and that it will notify the Town of the receipt of any communication from the Director of the EPA office of Federal Activities indicating that a faci- lity to be used in the project is under consideration for listing by the ~PA. Paragraph K. Other Provision of Title I: ''The ~k-Y ~fli-'~c0m~£~-'~i~h-a~ll par~s of Title I of the Housing and Community Development Act of 1974, as amended, which have not been citied previously as well as with other applicable laws. Para_~raDh L. Indiana Code Co~p_liance: The cit~-will 60mply Wi{~ '~'~0Visions of the Indiana Code (I.C.) 35-44-1-3 and 4. Paragraph M. Conflict of Interest: -~' The~'~i-tY will' '~fd~-by th6"-~rovisions that no member, officer, or employee of the grantee or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality of localities who exercise any functions or respons ibi li ties wi th respect to the program during the tenure or for one year thereafter shall have any direct or indirect interest in any contractor, subcontractor, or the proceeds thereof, financed in whole or in' part with Title I grants. 13. The city, as owner of the sanitary sewer system, will also bear the responsibility for billin~ individual users and will serve as fiscal agent for the Town' in collecting and making payment on any' loan made by the Town with CommerceAmerica Banking Company for the construction of the sanitary sewer system. ~4. The Town and %he City shall agree to ensure the coopera- tion of its employeeS, elected and appointed officials, and designated representatives during the life of the project and furthermore agree to cooperate with each other during the life of the project. 15. The Town ag~rees to assist the City by placing at the lat- ter's disposal all available information pertinent to the sites of the project including previous reports and any other data relative to design and construction of the project and to furnish the City with available reports regarding property, boundarie-~, right-of-ways, topographic survey ' s, laboratory tests, borings, probings, and subsurface explorations, hyarographi~ sur- veys and inspections of samples and materials. 16. Both the Town and the City shall be under obligation to give the other prompt written notice whenever it observes or otherwise becomes aware of any defects or problems with the pro- jeer. 17. Any notice, statement, or other communication will be sen% by the parties, it will be sent to the following addresses: A. Town of Utica, Indiana President of Town Board or His Successor 205 S. Fourth Street (Utica) jeffersonville, Indiana 47130 B. City of jeffersonville, Indiana , Mayor or His Successor office of the Mayor Room 404 City-County Building jeffersonvitle, Indiana 47130 18. Both the Town. and the City shall designate in writing representatives as to facilitate and tr~n-~mit instructiOns, receive information and generally assist as may be necessary for pro ject completion. 19. .The City shall agree to idemnify the Town for all cost, expenses, judgments, and tort claims due to any problems with '00£ I ~I,q. W~t 60: 7..0 NOI, I c~o- I O-.q. ll~ · , · the construct[6n and/or operation of the system, and which is the 'result of the negligence of the City. 20. This 'Agreement shall be construed, interpreted, and the rights of the parties determined in accordance with the laws of the State of Indiana. IN WITNESS THEREOF, the Town and the City have executed this Agreement as of the date written above.