HomeMy WebLinkAbout2004 EMC Agreement AGREEMENT FOR CONTRACT OPERATION~ MAINTENANCE AND
MANAGEMENT
OF THE
CITY OF JEFFERSONVILLE~ INDIANA SANITARY SEWER TREATMENT
AND COLLECTION SYSTEM
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 Jeffersonville, Indiana, a municipal
corporation in Clark County, Indiana, acting by and through its Sewer Board
(hereinafter "City") and Environmental Management Corporation (hereinafter "EMC"),
a Missouri corporation with its principal place of business at 1001 Boardwalk Springs
Place, O'Fallon, Missouri;
WITNESSETH:
WHEREAS the System consists of approximately 189 miles of sanitary and combined
sewer lines, 35 lift stations 14 combined sewer overflows (CSOs), (collectively, the
"Collection System") and a wastewater treatment plant which the Indiana Department
of Environmental 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 manage the System for a Term of three (3) years,
beginning May 1,2004, and ending April 30, 2007; and
WHEREAS, EMC has been deemed by the City qualified to offer the City a proposal,
and the City has selected EMC's proposal as the basis for negotiation of this
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Agreement for contract operation, maintenance and management of the System; and
WHEREAS, 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 141 of the Internal Revenue Code of 1986, as amended
("Code"); and
NOW THEREFORE, in consideration of the mutua~ 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 shall be resolved in favor of the terms of this Agreement, which has been
negotiated to reflect the intent of the parties.
2) SCOPE OF SERVICES
EMC shall 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 effluent requirements established by the U.S.
Environmental Protection Agency (USEPA) and IDEM, qualified only by the
conditions set forth in the Effluent Quality paragraph herein II.h).
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b Collection 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 taps;
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 Water Pollution
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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 information system hardware and software, at no
additional cost to the City other than the Compensation provided for herein at
Section IV c).
vii) Implement a customer service program to inspect all sewer related customer
complaints and respond to the customer on 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 accomplishes 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 include 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 will
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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 reasonable 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, 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 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 Collection System, EMC
shall be responsible for the operation and maintenance of any extensions, additions,
and appurtenances to the Collection System added during the term of this
Agreement. Such additions shall 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 of 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 IV (C) (iii) of this
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Agreement or be retested as a new Agreement and comply with Revenue Procedure
97-13.
d) Project Management and Staffing. 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 IV
license.
e
Project Support. EMC shall provide on-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.
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.
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g InfOrmation Systems.
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 II 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 wi[hin 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 EMC set forth in Section IV (C) (i!i) of this
Agreement or be retested as a new Agreement and comply with Revenue
Procedure 97-13.
iv) EMC and the City and its consultants shall cooperate and coordinate on the
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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 Quality. 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 IDEM in the NPDES permit.
EMC will 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 over 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'~ 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
IDEM or any other regulatory agency having jurisdiction over the System for any
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sewer discharges which result due to problems associated with the lack of
adequate CSO operation and maintenance or improper operation and
maintenance of the Collection System resulting from EMC's negligence, action or
lack of action. EMC shall not be liable for fines imposed for discharges or
t~ypasses 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.
Corrective 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 or 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 or should know exist based on the
prior non-compliance, and that EMC has not repOrted in writing to the City and/or 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
Biosolids Management and Disposal. EMC shall be responsible for handling,
hauling and disposing of biosolids in a manner consistent with existing USEPA and
IDEM regulations. Notwithstanding any other provision of this Agreement, proceeds
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from any sale of biosolids or byproducts thereof shall be paid to the City.
Handling and Disposal of Contaminated Sludge.
If 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 IDEM, 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 Disposal. 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 shall be free from organic or inorganic toxic substances (either
biologically toxic or otherwise) which cannot be treated, removed, and reduced to
a non-toxic state in the treatment facility; and
ii) Such waste shall not contain any 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,
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standards, or regulations; and
iii) Amounts of BOD and suspended solids contained in such waste shall not
exceed the design loading of the Facility. All 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 do .not meet City criteria.
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. 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. 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 IV (C) (iii) of this
Agreement or be retested as a new Agreement and comply with Revenue Procedure
97-13.
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
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reports and submit them to IDEM with monthly copies to the City.
p Reporting.
i)
EMC and the City shall develop reasonable reporting and communications
p'rocedures satisfactory to the City. EMC shall submit monthly reports to the City
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 shall 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. EMC shall
maintain these records at the Plant site, available for use by authorized City
personnel,
Liaison. EMC shall be responsible for representing the City before regulatory
agencies having jurisdiction over the System and the City 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 EMC and
the City for day-to-day operations that do not involve changes to this Agreement per
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Section V(c).
s Safety. EMC shall administer a site-specific safety program to include training,
record keeping, and safety meetings, all in conformance with OSHA regulations and
any requirements of the State of Indiana.
t Training. EMC 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 shall implement
the plan for the duration of the Agreement; The City reserves th.e right to require as
part of its approval that the plan include reasonable previsions 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
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Employer's Liability:
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $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 sh~ll 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 to,
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) All 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.
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w Odor Control. EMC shall operate the Plant and Collection System so as to
minimize, consistent with good industry practice, the generation of odors through an
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.
Grounds Maintenance. 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.
Capital Budget Submission. EMC shall be knowledgeable about the City's capital
expenditure program for the Plant and Collection System
Z
Inventory.
Immediately upon commencement of this Agreement, EMC shall submit an
inventory of the equipment, tools, materials, consumables 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 Stations and proper preventive maintenance of the Collection System.
ii) Any purchase of equipment, tools, materials, supplies, spare parts, or capital
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improvements shall upon the purchase thereof become the sole and absolute
property of the City subject to only the terms of this Agreement. At the
termination of this Agreement, all said items shall be returned to the City's
possession.
iii) Only purchases of items by EMC which are outside the scope of the Agreement
and are not directly or indirectly reimbursed by the City, including all EMC sludge
equipment shall be titled to and remain the property of EMC. Any vehicles
purchased by EMC for the use of the Facilities Manager will remain the property
of EMC.
aa Pretreatment Program. EMC shall oversee the administration of the City's Industrial
Pretreatment Program (IPP). EMC shall identify major industrial discharges and
coordinate the planning, sampling, analytical testing, reporting and development of
the City's IPP.
bb Emergency Response Plan. EMC shall develop, maintain, and implement an
emergency response plan for the Plant. EMC 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 all existing licenses, 3ermits, and agreements that have been
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granted to the City as owner of the System and shall procure all 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 the full insurable value of the Plant and
Collection System and all City owned vehicles.
d Collection System 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 cf which EMC had previously identified and
notified the City and for which the City had failed to authorize and conduct
appropriate corrections.
e
Vehicle Maintenance and Repairs. EMC shall pay for all routine maintenance and
repairs under $1,000 of all City vehicles assigned to it under this Agreement as listed
in Appendix B.
Electricity. The City will pay all electricity costs for the System, subject to
reimbursement for amounts exceeding the Electricity Cap in Section IV.d, below and
further, subject to the limitations on total compensation to EMC set forth in Section
IV (C) (iii) of this Agreement.
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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 (excluding 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 repairs.
b Wastewater Flows and Loadings.
i) The following data, representing flows and loadings for the treatment facilities
less industrial contributions during May 1, 2003 through April 30, 2004, shall
serve as the benchmark data for this Agreement:
Annualized Average Dally Flow 5.84 mgd
(at an annual rainfall of 57.6 inches)
Annualized Average Daily Influent CBOD 10,697 ~bs
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Annualized Average Daily Influent TSS 10,253 lbs
Annualized Average Daily Ammonia (NH3-N) 596 lbs
ii)
If during any twelve-month period the average flow and/or 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 shall
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 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 IV (C) (iii) of this Agreement or be
retested as a new Agreement and comply with Revenue Procedure 97-13.
c Compensation.
i)
During the first twelve months following commencement of this Agreement, the
City shall pay fMC, 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 shall 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
fMC. Late payments shall accrue interest at a rate equal to the then current
Federal Funds rate on the unpaid balance. The Base Compensation shall be
subject to adjustment for inflation and cost increases on April 30, 2005, and each
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April 30 thereafter. The adjustment shall be three percent (3%).
ii)
No later than sixty (60) days following the end of each quarter of operations
~nder this Agreement (e.g. July 31, October 31, January 31 and April 30), the
City shall pay EMC an Incentive Payment in an amount not to exceed $5,000 per
quarter ($20,000 per annum). The City Engineer shall determine how much, if
any, of this Incentive Payment will 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 City Engineer, subject only to the approval of
the City and further subject to the limitations on total compensation to EMC set
forth in Section IV (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 paid 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
reimbursement of actual and direct expenses shall be included in EMC's total
compensation and cannot exceed the Base Compensation.
iv) If 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 to the Base Compensation must comply with Revenue Procedure 97-
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13.
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.
Ele(~tricity 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 IV (C) (iii) of this Agreement. The
electricity cap is based upon Cinergy Rate HLF at the Treatment Plant.
e
Electricity Adjustment. The annual electricity cap of $165,663.38 shall be adjusted
annually if necessary on January 1, 2005, 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.
Industrial Surcharge Fees. The City shall compensate EMC for 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 operational costs incurred by
EMC as documented by EMC and submitted to the City Engineer for 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 EMC set
forth in Section IV (C) (iii) of this Agreement.
g Staffing.
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i) If at any time, the number of 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 filled, seventy-five percent (75%) 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 IV (C) (iii) of this Agreement. This rebate
shall be effective the first day of the month following tl~e 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
shall 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 cost in excess of $5,000 shall
be approved by the City.
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, or adds
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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.
The.term of this Agreement shall be a three (3) year period commencing May 1,
2004, and expiring April 30, 2007. 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 for 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 written notice of such breach to the
other party and that such breach of performance issue is not corrected within 90
Page 23 of 44
days. In this event, EMC shall continue to provide the operations staff for a period
of at least 90 days beyond the date of termination at the then current Base
Compensation.
C
Representative. The City designates the City Engineer as the City's primary point of
contact relative to this Agreement. EMC 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 enforcemeht 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.
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 City'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
g
and repair budget.
Quarterly Operations Audit. EMC shall provide all 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 with the services of engineering
and financial consultants of the City's choice.
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.
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 II of this Agreement, which
increase or decrease the cost of operating the Plant and/or 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.
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
arising from the negligence of EMC. Such indemnification shall include, but not be
Page 25 of 44
k
limited to, indirect consequential and pollution damages. In turn, the City 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 s'hall include, but not be limited to, indirect consequential and
pollution damages.
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 for the portion of the liability equal
to such party's comparative share of the total negligence.
Waiver. The failure on the part of either party to enforce its rights as to any provision
of this Agreement shall not be construed as a waiver of its rights to enforce such
provisions in the future.
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 Environmental Management Corporation vs. Sewer
Board of the city of Jeffersonville, Indiana, et aL has fbeen 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 Assignments. This Agreement may not be assigned by either party without the prior
written consent of the other party unless such assignment shall be effected by
operation of the law of the State of indiana
Nondiscrimination.
i) EMC shall not discriminate against 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 202 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) Within sixty (60) days of the commencement of operations under this Agreement,
EMC shall submit to the City, for its approval, which shall not be unreasonably
withheld, an Affirmative Action Plan, 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 (60) 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 44
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. It 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 no 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 party is unable to perform because of actions due to causes beyond its
reasonable control, including but .not limited to Acts of God, the acts of civil or
military authority, floods, epidemics, quarantine restrictions, riots, strikes, and
commercial impossibility. In the event of any such force majeure, the Party unable to
perform shal~ 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.
q Authority to Contract. Each party warrants and represents that it has authority to
Page 28 of 44
enter into this Agreement. The City warrants, represents and certifies that it has
appropriate funds or sources of funds available for 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.
Access. Authorized City officials, employees and consultants shall have access to
the Plant and all other System facilities at all reasonable times. These authorized
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 City 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 (and 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.
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:
ii)
Environmental Management Corporation '
1001 Boardwalk Springs Place
O'Fallon, Missouri 63366
Attention: Contract Administration.
Notices required to be given to the City shall be addressed to:
Page 29 of 44
City of Jeffersonvilie
City-County Building Jeffersonville, IN 47130
Attention: Mayor Rob Waiz
IN WITNESS WHEREOF, the parties sign this Agreement as of the date first above.
written.
Robert L. Waiz, Jr., M yor
Board Chairman
of Jeffersonviile/Sewer
ALI~N ESS:
Page 30 of 44
t~ry, Sewer Board
Sewer Board Member
J~ Iordan, Sew r~oard Member
ENVIRONMENTAL MANAG
~ENT CORPORATION
~.~~ic~-President
WITNESS:
Page 31 of 44
Appendix A
Effluent 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 #1N0023302 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 shall 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 and/or contains biologically toxic substances that cannot
be removed by existing process and facilities. (See Definitions below.) EMC is obligated to
regularly monitor 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 violate 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 BODs, 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 lbs/day or 244 mg/I
10,214 lbs/day or 233 mg/I
867 lbs/day or 20 mg/I
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
implement the pretreatment program but the City shall provide the necessary enforcement
actions.
Definitions:
Adequate Nutrients: Treatment Plan influent nitrogen, phosphorous and iron percentages as
they relate to BCD5 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 to meet the discharge requirements of the City's NPDES permit.
Page 33 of 44
Vehicle List
Appendix B
City Owned Vehicles & Equipment Assigned to EMC
Vehicle ID# Year Model
2637 1996 Dodge Pick Up
5001 1992 Dump Trailer
5002 1992 Dump Trailer
4215 1997 Vac Truck
1557 1995 Vac Truck
4306 1991 Ford-semi
4307 1991 Ford-semi
4880 1990 Camera Truck
1076 1990 Plymouth Van
9804 1999 Dodge Van
0395 1998 Dodge Pick Up
4440 2000 Dodge Pick Up
6835 1992 John Deere
6834 1992 John Deere
3604 2001 Freightliner
Equipment List
Size i Number Years in
Equipment Description Type/Manufacturer (Hp) of units Service
--lead Works
Bar Screen ~ackson AG-MN-A 1
Rotating Grinder
Grit Removal ¢Vemco 4x4 30 12
Grit Washer Wemco 12 1 ,. 1:,
Vortex Jeta SK12 0.52 1;
Storm pumps
H. Press Hycor 3 2
Oxidation Ditches
Brush Drives
Mixers Philadelphia PSA 13-52 PTO 10¢ 4 1
RAS Pumps Flyght SN 9840225
WAS Pumps Fl¥~ht SN 9840225 3." 4 4
Secondary System
Final Clarifiers ~,mwel142 H6 0.7.
Scum Pumps Scan Pumpex ; 17
Effluent Pumps Vlyers
Process Water Pumps 3emin9 5' 1
Mixer ~hiladelphia 3800 3 12
3L2 & SO2 Wallace Tiernan V-
Disinfection System N07CH 1';
Page 34 of 44
Size Number Years in
Equipment Description Type/Manufacturer (Hp) of units Service
3iosolids Hand lng
Digesters
Trartsfer Pumps
Digester Blowers ;utorbilt GF-JEE BA 20C 1;~
Sludge Loading Pumps
Gravity Thickener Amwell 0.7~ 2
Thickener Sludge Pumps Pen Valley 4" DD 2 1,1
Thickener Scum Pumps
Thickener Blowers
Gravity Belt Thickener
Gravity Belt Thick. Pumps
Thickener Loading Pumps
Belt Filter Presses ~,shbrook KP3 3
Other - Sludge Process 3800 Mixer 3 12
Press Feed Pumps Pen Valley 4" DD 5 , 12
Polymer Equipment Polymax 4022 DF 8/100 0.5
Sludge/Lime Blender
Thermo Blender
Conveyor System CESCO 910101 1 1,1
Filtrate Pump Scan 26153 3220 8.,~ 2 1
Wash Water Pumps
Lime Storage System
Vlisce laneous
Influent Flow Meter 3igma 970 z
Effluent Flow Meter Sigma 980 4 months
Other Flow Meters
Samplers ISCO 6700 FR 4
Standby Generators DNAN 750 ION Model 750DF JA 1~
Page 35 of 44
10th Street Lift Station
Pumps ~umpex 12( 1
Flyght 7-~
Flyght
Pumpex 120 1 1;
FIyght 75 1 months
Standby Generators Cummings 1 12
Vlill Creek L ft Station` 32
Pumps ~,rora 25 2
Standby Generators .';ummings
Spr nq Street Lift Station
Pumps 3h ca§o 2( 3,1
Shicago 4( 3/
Chicago 7,' 1' 3/
Standby Generators Cummings 1 1
Bolder Creek Lift Station month
Pumps Meyers 1month
Standby Generators u
,Gateway Lift Station,
Pumps vleyers
Standby Generators ~lone 2"'i
Attic Spr n.qs Lift Station
Pumps Fairbanks & Morris 7.,~ ,. 2¢
Standby Generators None
H qh Meadows .!.
Pumps Straeffer 5 2 4
Standby GeneratOrs qone
-I qh Meadows II
Pumps ~traeffer
Standby Generators ~lone
Old Stoner Lift Station
Pumps Hydromatic 2( 2'
Standby Generators None ?
Liters Lift Station
Pumps Straeffer 96 2
Standby Generators None 4u
3edarview Lift Station
Pumps l'ex-Vit (Cast Mfg. Co) 1Z ?
Standby Generators ~one (Ejection System)
Creekstone Lift Station,
Pumps Straeffer 7.52
Standby Generators None 50
v~a,qnolia Lift Station
Pumps Fairbanks & Morris 3 2
Standby Generators qone
Seorqia Crossin9
Pumps ;traeffer 7.,~
Page 36 of 44
Standby Generators ~lone
Drums Lane I 1
Pumps Eaton 5(
Standby Generators None
Crums Lane II
Pumps Reliance 12. ?
Standby Generators None
Crums Lane Itl 1~:
Pumps Hydromate 115 2 ?
Standby Generators None
Ewing Lane Lift Station 26
Pumps Chicago 20 2 2b
Standby Generators qone
=astern Blvd Lift Station 1
Pumps Northington 2.~ 2 1
Standby Generators ~one
Golfview Lift Station 1
Pumps ~traeffer
Standby Generators None
Utica I 1 I
Pumps Meyers 1( 2 11
Standby Generators 4one
Utica II 1(
Pumps Straeffer 3 2 1
Standby Generators None
:~iverport I 1
Pumps \BS 4 2 lb
Standby Generators ~lone
Riverpor[ Il
Pumps ~traeffer 4£
Standby Generators ~one
Colonial Park Lift Station
Pumps Meyers 7..~
Standby Generators None
Louise Street Lift Station 2``
Pumps Crane 2 2 2,'
Standby Generators None
Cherry Creek Lift Statioq 2b
Pumps Fairbanks & Morris 10 2 2u
Standby Generators ~lone
Damp Powers 34
Pumps 3hicago 16 ~ 34
Standby Generators ',lone
~,ivershore 1
Pum ps Straeffer 1L
Standby Generators None
Powerhouse Lift Station
Pumps Chicago 10 2
Standby Generators None
Page 37 of 44
Scott Road Lift Station
Pumps Meyers 25 2 1
Standby Generators None
~leasant Run Lift Station 1
Pumps 4ydromate 7.~ ~ ~
Standby Generators Xlone
Ashley Spr nqs Lift Station
Pumps Vleyers 1[,,-
Standby Generators
Skyline Acres L ft Station
Pumps '" Meyers 15 2 . months
Standby Generators
Page 38 of 44
Appendix C
Requirements for Affirmative Action Plan
1. 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. In this regard~ a
the plan will contain the following provisions:
Improvement.
D.
E.
F.
EEO Policy Statement.
Establishment of Responsibilities for implementation.
i. Designation of responsibilities of EEO administrator.
ii. Responsibilities of Management.
identification and Correction of Potential Problems/Areas for
Accomplishments of Prior Placement Goals.
Development and Action-Oriented Programs
Internal Audit and Reporting SYstems
actions
The Affirmative Action Plan will be supplemented with the following affirmative
specific to this contract:
A. The goal of the plan shall be to achieve at minority representation of
EMC employees and/or 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 ~he 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 for 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 office(s) 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 44
Appendix D
Requirements for MBENVBE Development & Utilization Plan
Adopted from 327 lAC 13-11 (TITLE 327. WATER POLLUTION CONTROL BOARD,
ARTICLE 13. STATE REVOLVING LOAN FUND,, RULE 11. PROCUREMENT)
1. EMC shall take ali 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.
(F) Requiring the subcontractors, if subcontracts are to be let, to take the affirmative steps
listed in this section.
Page 40 of 44
Appendix E
City Officers, Employees & Consultants Authorized for Access to Plant facilities.
· Mayor
· City Attorney
· ' Sewer Board Members
· Consultants and engineers authorized by the Sewer Board including
representatives from Jacobi Toombs and Lanz and PH 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 44
Appendix F
Preventative Maintenance Schedule
Arctic Springs M---'I
Boulder Creek
Camp Po~ers [] -
,' 2,eda rv ew []
Sherry Creek []
SoIoniaI Park
Creekstone Ridge
Crums Lane I
Crums Lane II []
3rums Lane Ill
=-astbr°°k []
-'astern Blvd
Ewing Lane []
Gateway [21
Golf view []
4i_gh Meadows I I []
High Meadows II
Liters
,4 []
LouiSe S,treet
Magnolia Street
Mill Creek []
Did Stoner Place []
~leasant Run
Powerhouse
Riverport I (Port Rd & Utica~
'' []
Riverport II []
~,ivershore Condos []
Scott Street []
Silver Creek
S r_p~Eg- Street
Tenth Street ~-- ~ []
Page 40 of~24-24~42
Georg a Crossin. g.
~,shley Springs
Skyline Acres
Ha Valle Pum Station future
~maintenance ~m shall be determined
b_b_b_b_b_b_b_b_b_b2 m.u_tua! a_~g_reement of City and EMC._
page 41 of 42~z~_
Appendix G
Industrial Surcharge Mass
2003 to April 30, 2004
Industrial BOD Discharge (total pounds above ordinance-defined domestic strength waste)
Wyandot Dallas Steel Cargo Indiana
Vlonth Foods Pfau O[[ Group Dynamics Clean PQ Corp American TOTAL
May-03 16,327 0 0 ~ ! 136 0 0 ~ 16,463
June-03 24,718 0 0 681 0 0 25,399
July-03 17,550 0 0 0 154 0 0 17,704
AugUst-03 18,131 0 0 0 159 0 0 18,290
September-03 16,836 0 0 7,918 831 0 0 25,585
Octot~er-03 17,831 0 0 9,977 1,254 0 0 29,082
November-03 11,311 0 0 2,668 68 0 0 14,047
December-03 17,022 0 0 5,405 422 0 0 22,849
Janua~-04 12,350 0 0 0 226 0 0 12,576
February-04 11,429 0 0 0 341 0 0 11,770
March-04 11,776 0 0 0 1,124 0 0 12,900
April-04 16,984 0 0 0 1,088 0 0 ' 18,072
Total for ~ 224,7t7
ContractYea..~r '192,26~.~ ~0 ~0 25,968 6,48~4 ~0
Industrial TSS Discharge (total pounds above ordinance-defined domestic strength waste)
Wyandot Dallas Steel Cargo Indiana
Month Foods Pfau Oil Group Dynamics Clean pQ Corp \merican TOTAL
May-03 0 650 54,890 0 0 0 3,359 58,899
lune-03 0 759 13,140 0 0 0 2350 16,249
July-03 0 790 28,890 0 0 0 2,550 32,230
August-03 0 1,050 8,040 0 0 1,209 2,868 13,167
September-03 0 2,122 28,172 13,600 397 1,413 1,454 45,158
October-03 0 4,409 12,363 7,990 0 0 759 25,521
November-03 0 3,290 9,190 4,904 0 809 241 18,434
December-03 0 1,128 32,068 12,263 0 0 0 45,459
January-04 ~ ! 931 12,550 0 0 ' 38 0 13,519
February-04 377 15,089 0 0 4,172 ! 0 19,638
March-04 0 625 8,107 1,586 0 0 0 10,318
April-04 0 227 14,619 0 0 0 0 14,846
Total for 313,438
Contract Yea~ ~0 '16,35~8 235,t1~8 40,34~3 39~7 7,64..~_.~.~ '13,58~ ~
Industrial NH3-N Discharge (total pounds above ordinance-defined domestic stren~lth waste)
Wyandot Dallas Steel Cargo Indiana
Month Foods Pfau Oil Group Dynamics Clean PQ Corp American TOTAL
May-03 0 301 0 0 0 0 0 301
June-03 0 482 0 0 0 0 0 482
July-03 0 346 0 0 0 0 0 346
August-03 0 396 0 0 0 ' 0 0 396
September-03 0 885 0 0 0 0 0 885
October-03 0 733 0 0 0 0 0 733
November-03 0 922 0 0 0 0 0 922
December-03 0 1,032 0 0 0 0 0 1,032
January-04 0 622 0 0 0 0 0 622
February-04 0 1,026 0 0 0 0 0 1,026
March-04 0 441 0 ! 0 0 0 0 441
April-04 0 321 0 0 0 0 0 321
Total for 0 7,507
Co~ ,;.~ act Year 0 7,507 0 0 0 0
C:\DOC UME~ 1 \Lmerkley\LO CALS~ 1 \Tern p~App G Industrial Surcharge.doc\O524o4