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HomeMy Public PortalAboutResolution 2019-51, Authorizing Mayor To Execute 28E Agreement For Operations, Maintenance And Improvements For Joint Use Sewer Interceptors And Regional Water Pollution Control Plant RESOLUTION NO. 2019-51 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A 28E AGREEMENT FOR OPERATIONS,MAINTENANCE AND IMPROVEMENTS FOR THE JOINT USE SEWER INTERCEPTORS AND REGIONAL WATER POLLUTION CONTROL PLANT NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, SCOTT COUNTY, IN THE STATE OF IOWA: RESOLUTION approving a new intergovernmental agreement providing for the use, operation, maintenance and improvements for the Joint Use System, effective July 1, 2020. WHEREAS, the Cities of Davenport, Bettendorf, Riverdale, and Panorama Park (collectively referred to as the "Municipalities") desire to work together for the purpose of delivering regional waste water treatment services; and WHEREAS, the Municipalities entered into an intergovernmental agreement on January 5, 1974, and amended from time to time (such intergovernmental agreement and amendments, the "IGA")to jointly contract, construct, acquire, maintain, and use certain sanitary sewers and appurtenances thereto and a sewerage treatment facility; and WHEREAS, the Municipalities desire to repeal the IGA and to create a new agreement for the mutual benefit of the Municipalities; and WHEREAS, all Municipalities desire to jointly own, use, maintain, and improve certain interceptor sewers and appurtenances across their respective jurisdictions, a water pollution control plant, and a compost facility; and WHEREAS, intergovernmental cooperation between units of local government to contract, further combine, or transfer lawful power or function in any manner not prohibited by law or ordinance is authorized by and pursuant to Chapter 28E, of the 2019 Code of Iowa; and WHEREAS, all aspects of this Agreement are designed and intended to enhance the public health, safety, morals and welfare, as related to the Municipalities. NOW, THEREFORE, BE IT RESOLVED in a spirit of comity, and pursuant to the appropriate constitutional and statutory provisions, that this resolution approving a new intergovernmental agreement providing for the use, operation, maintenance and improvements for the Joint Use System, effective July 1, 2020 is hereby approved by the City Council of the City of Riverdale, Iowa. P SSED AND APPROVED this 26th day of November, 2019. gam.�` Michael Bawden,Mayor ATTEST: av Mary ances Blevins, City Clerk ARTICLE IV. DEFINITIONS d. Such other assets as may be included in the System,as agreed upon by the Municipalities,and as set forth in an amendment to this Agreement signed by all Municipalities. For the purposes of this Agreement,the following words and phrases shall have the following meanings: 10."Metering"shall mean all meters)and metering as agreed to and approved by the 4.'oni act Committee. 1. "Administrative Order" means that certain Administrative Consent Order No. 2013-WW-07-Al (provided as Attachment I)issued by the Iowa Department of Natural Resources,as amended. 11."NPDES"shall mean National Pollutant Discharge Elimination System. 2. "Agreement"shall mean this intergovernmental agreement,as the same may be amended from time to 12."Operate"or capitalized forms of the term"Operate"means to operate,maintain,use.improve,repair, time. and rehabilitate,as such teens refer to the System. 3. "B.O.D."shall mean Biochemical Oxygen Demand. This is the concentration of oxygen,expressed in 13."Technical Committee"shall mean the committee established under the provisions of Article X of this units of milligrams per liter(mg/L),utilized in the biochemical oxidation of organic matter under Agreement. standard laboratory procedure for five(5)days at twenty degrees centigrade(20°C). This standard laboratory procedure shall be found in the latest edition of Standard Methods for the Examination of 14."Water Pollution Control Plant"or"WPCP"shall mean the water pollution control plant,located at Water and Storage,published by the American Public Health Association. For the purposes of this 2606 South Concord Street,Davenport,Iowa,as the same may be expanded or ingmov cd in the flame. agreement,BOD5 is 250 mg/I. This value of BOD5 is the value accepted by all parties as representing the organic strength of normal domestic wastewater. ARTICLE V.OPERATION,MAIN'T'ENANCE,USE,AND IMPROVEMENTS 4. "Collection System"means all of the sewage collector facilities constructed or to be constructed by any of the parties to this Agreement for the respective municipality and which are connected to the System I. The System shall be operated to convey and treat sewage and meet NPDES permit requirements, such as sewers,force mains,manholes,metering devices,pumping stations and other appurtenances. Administrative Order requirements,and approved Contract Committee requests. 5. "Compost Facility"means the compost facility located at 2707 Railroad Avenue,Davenport,Iowa,as 2. Each of the Municipalities will pay for the Operation of the System as COniiiioi1 ownership. The City the same may be expanded or improved in the future. of Davenport will take the lead and be responsible fur procurements for goods and services and approving and signing contracts(as ratified by the Contract Committee)and all costs mill be shared 6. "Contract Committee"shall mean the committee established under the provisions of Article IX of this based on the percentages agreed upon mid approved by the Contract Committee. With the prior Agreement. approval of the Contract Committee,the responsibilities of the City of Davenport iii this section may be delegated to one of the other three(3)Municipalities,such as when a capital project will be solely 7. "IDNR"shall mean the Iowa Department of Natural Resources,or any successor to the same. located within the boundaries of another city. Each Municipality shall assume till responsibility fur the construction,repair,replacement,operation,mid maintenance for all Collection S)stems in their 8. "Inflow and Infiltration"or"I&1"means water that enters the sanitary sewer system from the outside jurisdiction not classified as the System. environment,not from domestic,commercial or industrial sources."Inflow"means surface water that enters the sanitary sewer system from yard,roof and footing drains,cross-connections with stone 3. The Operation costs shall include all reasonable costs to utilize the System as desigucd to its maximum drains,downspouts,and through holes in manhole covers;"infiltration"means groundwater that enters extent for the designed lifetime of the System Operation expenses,as noted in Article V.5 below,shall sanitary sewer mains,service laterals and manholes through breaks,holes,joint failures,connection not include expansion of the System or any part thereof beyond the commitment of the;\diii inistrative failures and other openings. Order. 9. "Joint Use System"or"System"shall mean the 1970's interceptor sewers,Water Pollution Control 4. The apportionment among the Municipalities of the Operation costs of the System shall he based upon Plant,and Compost Facility as described below: measured and/or estimated strength mid volume usage for each Municipality consistent with Attachment 3. Such apportionment shall be presented by the Manager of the WPCP and approved a The 1970's interceptor sewers — from manhole 13333 (located in Bettendorf) flowing annually by the Contract Committee.The apportionment shall be based upon reasonable estimates if approximately 12.2 miles to the west through Panorama Park, Riverdale, Bettendorf and actual flow and load data by each Municipality is not available. 'the year shall be defined as the Davenport,Iowa. This sewer includes all manholes,metering devices,and Collection System municipal fiscal year beginning July I mid ending June 30.The annual cost for Operation of the System connections within the System,and excludes all connections not initiated at a manhole.The 1970's shall be apportioned in the sane roamer as approved by the Contract Committee. :\t the end of each interceptor sewers are further shown on Attachment I. year the cost and usage of the System shall be reviewed and adjustments made to reflect the actual cost and usage as compared to the budget items. b. Water Pollution Control Plant 5. The apportionment percentage for each Municipality shall be applied to the totals til'each of the funding c. Compost Facility areas described herein to determine each Municipality's total proportionate slime cost. For planning purposes,the City of Davenport shall provide a proposed budget to the Technical Committee and the Technical Committee shall forward a proposed budget to the Contract Committee and each 3 4 Municipality prior to the meeting at which the apportionment percentage is approved.The budget shall ARTICLE VI. USE OF SYSTEM AND CHARGES provide estimates for each of the funding areas. 1. Each Municipality agrees to comply with all applicable Federal and State statutes and regulations a. Operating Expenses: This funding area shall include all operating and use costs of the System, pertaining to the imposition of fair and equitable user charges covering the cost of coustruetiun fur including maintenance costs under$150,000. Such costs shall include,but are not limited to, Operation of the System. Each Municipality shall pass and maintain the substantively equal industrial personnel costs including pensions and other benefits, employee training and development, waste and surcharge ordinances, which shall first be approved by the Contract Committee. The contracted services,supplies,chemicals,routine maintenance under$150,000,interdepartmental ordinances may be materially changed only with the consent and approval of the(\ mact Committee. charges,testing,reporting,and equipment less than$150,000.Any work performed on the 1970's Metering,sampling and testing under such ordinances shall be perfumed by the PCP manager,but Interceptor Sewers not performed by staff directly charged to the System shall be approved by the enforcement of each Municipality's ordinance shall be the responsibility of that Municipality. In the Contract Committee. Routine maintenance and equipment expenses larger than$150,000 may be event that the statutes of the State of Iowa require the cost of acquisition and construction contributed included in the operating expense funding area if the project is individually approved by the by the State of Iowa to be contributed to by industrial users thereof,all such sans collected by each Contract Committee to be funded by such. All System costs not contained within the equipment Municipality shall be paid over to the City of Davenport as required for transmission according to such replacement expenses,debt services expenses,and reserve funding areas as described herein shall laws. If such repayments are required,the City of Davenport shall be responsible for keeping all be included in the operating expenses funding area. The total operating expense cost shall be accounts and records in connection therewith. determined on an actual basis,but shall not include depreciation. 2. Any future development that includes increased flows and loadings through subdivisions with over fitly b. Equipment Replacement Expenses: This funding area shall include all pay-as-you-go funded costs (50)houses or any commercial/industrial development that will increase flows and loadings shall be for improvements,equipment more than$150,000,and maintenance over$150,000 not included reported at the monthly Technical Committee as described in Article X. in Operating Expenses as noted in Article V,5(a)above.The amount charged to each Municipality to fund this expense area shall be 15%of the actual amount charged in operating expenses. ARTICLE VII. ALLOCATION OF CAPACITY c. Debt Service Expenses' This funding area shall include all expenses related to the issuance and obligation of debt in any form for all debt-funded projects related to the System. The total debt 1. The WPCP design capacity,as defined by the Technical Committee and approved by the Contract service expense cost shall be determined on an actual basis.The Municipalities authorize the City Committee("Design Capacity"),figures for both flow and load linsits shall be utilized in allocating of Davenport to issue debt through the Iowa Finance Authority's State Revolving Fund(SRF) limits for each Municipality as f'a'ther defined in this Article. As improvements arc completed at the program,or mutually agreeable debt issuance plan,for qualifying and approved projects. All WPCP,the Contract Committee shall,as reasonably determined,conduct analyses and studies to update Municipalities shall contribute to the repayment of such debt based on their apportionment the Design Capacity of the WP('P. percentages. All debt-funded projects shall be identified as such in the annual budget and six-year capital improvement plan approved and adopted by the Contract Committee. 2. Each Municipality shall be allocated a specific percentage share of the WPCP urn an annual basis, rounded to the nearest hundredth.The percentage share shall then be utilized to calculate flow and load d. Reserve. This funding area shall be held in reserve to be used at the discretion and approval of the limits based on Design Capacity. Contract Committee to assist with emergency purchases during a year that would reasonably lead to an increase in actual costs above estimates provided in the budget process. The amount charged a. Detemvination ofPercentageShare: Percentage share shall be determined on a pro rata basis as to each Municipality to fund the reserve shall be 2.0%of the actual amount charged in operating detennined by the most recent available estimate as provided in the American('onuuuuity Survey expenses. The maximum reserve fund amount shall be 15%of operating expenses for the System. currently available at hop:/www.census.gov/programs-surveys/acs lir each Municipality. Such The total reserve fund cost during a fiscal year shall be the lesser of 2%of actual operating expenses percentages shall be calculated annually and updated,as approved by the Contract Committee. or the amount necessary to bring the reserve fund amount up to the maximum level. b. Determination of Flow and Load Limits for Participating Municipalities' The Contract Committee 6. In addition to the budgeted funding areas described in Article V,5,the Contract Committee shall shall allocate a total of 85%of the Design Capacity for flow and load limits to the municipalities. annually approve a six-year capital improvement plan for the System describing the specific projects, The allocated flow and load limits for each Municipality shall be calculated by malt:ti dv ing the 85'•6 estimated costs,and anticipated funding for costs in the equipment replacement and debt service of Design Capacity figure by the pro rata share of each Municipality as detenuuned tri Article VII, expenses. 2(a). Allocated flow and load limits shall be calculated and approved zinnia:illy by the Contract Committee.The flow and load limits for each Municipality shall be guaranteed to that fvluuicipality 7. All payments owed to the City of Davenport or any other Municipality shall be paid within forty five until new allocation limits are established and approved pursuant to this Article. (45)days of receipt of invoices. Disputes over amounts owed shall be subject to resolution pursuant to Article XIV. Late payments may be assessed a late penalty of 10%interest annually. 3. The Contract Committee shall have the option to allocate unused Design Capacity flow and load limits to any Municipality,up to 100%of Design Capacity figures,which shall be an additional allocation 8. The 1930's disconnection project,specifically referencing the abandonment of the diversion structures above the limits established in Article VII,2. Such allocation shall be considered amorally when the designed and bid as of the date of this Agreement,shall be funded consist with one of the funding areas Contract Committee establishes flow and load allocation limits consistent with this Article. This described in Article V. additional allocation must be approved by the Contract Committee and shall be guaranteed to that 5 6 Municipality until new allocation limits for each Municipality are established annually and approved ARTICLE IX. ORGANIZATION OF pursuant to this Article. CONTRACT('OMMITI'EE 4. A Municipality may,at its sole discretion,reallocate a portion of its pro rata share of the 85%of flow 1. There is hereby established a Contract Connnittee that shall govern all n tillers cbtablisled its this and load limit allocation to another Municipality. Such reallocation notification shall occur in writing Agreement and shall be composed of and be provided to the Contract Committee at the annual meeting when the committee establishes flow and load allocation limits. a. The Mayor of each Municipality; 5. It is in the interest of the System that flows and loads above the levels allotted to each Municipality be b. A member of each Municipality's City Council,or an employee tufa Municipality as approved by approved by the Contract Committee prior to new connections to the System. Each Municipality may, the mayor of the applicable Municipality; pursuant to its own ordinances,allocate its allotted portion without the permission of or interference by the Contract Committee. However,if new allocation pennits cause that a Municipality's flow and/or c. The Directors of Public Works of the City of Davenport and City of lietteudorl': load annual allotment will be surpassed, the Contract Committee may consider increasing the allotments presented in this section. Without such approval,no Municipality shall surpass its flow or d. The Directors of Finance for the City of Davenport and City of Bettendorf load allotment on the System. e. The WPCP Manager. 6. The Contract Committee shall provide notice to any Municipality that violates this section of the Agreement and provide six(6)months to rectify,unless a longer period is approved by the Contract 2. The purpose,powers,duties and functions of the Contract Committee shall be to: Committee. If the Municipality fails to work collaboratively with the Manager of the WPCP and other regulatory bodies to bring flow and loads under its allotted levels,the Municipality will be responsible a. Meet bi-annually, or as required, to determine the annual proportionate rndlocation of the for liquidated damages of$200 per day until the violation is resolved. amortization costs to operate and maintain the System;to review and appro.c nmiutenance and operation budgets,adopt the system budget and determine the apportionment of the cost of the 7. All Municipalities shall,in good faith,make efforts to reduce inflow and infiltration into the sanitary same among the Municipalities; sewer systems within their jurisdictions to preserve overall WPCP capacity. Annually, each Municipality shall present a plan to remove inflow and infiltration from their respective systems to the b. Manage the Operation of the System; Contract Committee. The Contract Committee will review such plans and approve,reject,or provide comments back to the Municipality. In the case that a particular Municipality fails to demonstrate a c. Recommend CIP projects related to the System; good faith effort to reduce inflow and infiltration,the Contract Committee may refuse to accept that Municipality's plan and require that a new plan be presented,and such Municipality will be responsible d. Recommend the issuance including the structuring of any debt related to the Sy sten; for liquidated damages of$200 per day until an acceptable plan is presented. e. Review records and determine record keeping procedures; ARTICLE VIII. METERING AND SAMPLINGS f Determine billing and payment schedules; I. Flow meters and sampling stations have been installed at the following locations: g. Review and recommend any changes to this Agreement; a. Water Pollution Control Plant(WPCP) h. Determine the method and manner of metering,sampling and testing required or',ermined by the tenns of this Agreement; b. Permanent flow meters at manholes RN-3, J-2, 10071, 10871, 10964 and 10928 shown on Attachment 2. i. Review and ratify the purchase of goods and services for the System; c. Wherever required by virtue of the industrial waste or surcharge ordinances. j. Review the Inflow and Infiltration plan for each Municipality on an animal basis; 2. The WPCP Manager shall perfonn all flow and strength tests necessary under this Agreement. The k. Determine and recommend to the Municipalities a methodology for increasing capacity of the cost of Operation of flow meters and sampling stations shall be apportioned in the same manner as the System. Operation of the WPCP. The frequency of taking of composite samples shall be as directed by the Contract Committee per the recommendations set forth by the Technical Committee. Interceptor sewer I. Perform all other duties and responsibilities specifically placed upon it by the other provisions of and collection sewer flow meters shall be continuous flow meters and are to be utilized for future this Agreement and take unspecified but necessary and proper action to fidlitl these duties and improvement decisions and for operations of Water Pollution Control Plant.The flows are not currently responsibilities. being utilized to determine individual Municipality costs. 3. The organization of the Contract Committee shall be as follows: 7 8 a. Written notice of all appointments shall be given by the city clerk of each appointing Municipality e. Review summary financial data for approved improvements,operations and uwmncnance of the to the WPCP Manager. System; b. Thereafter the WPCP Manager,or an individual designated by the Contract Commnittee,shall f Make recommendations to the Contract Committee. promptly give at least fifteen(15)days written notice to each municipal representative to the Contract Committee of the date,time and place of the organization meeting of said committee. At 3. The organization of the Technical Committee shall be as follows: such organization meeting,or as soon thereafter as may be convenient,the committee shall adopt rules,regulations or bylaws providing for the holding and conduct of regular and special meetings a. Written notice of such appointment shall be given by the clerk of each appointing municipality to of Contract Committee,and containing other appropriate provisions for the transaction of business the WPCP Manager. and the duties and powers of the chair and such other officers as may be appointed,which rules, regulations or bylaws may be amended by the committee from time to time. On even years,the b. Thereafter WPCP Manager or his designee shall promptly gine notice to each municipal Mayor of the City of Davenport shall be the chair of the Contract Committee and the Mayor of the representative to the Technical Committee of the date,time and place of the orgewtnuion meeting City of Bettendorf shall be the vice chair. On odd years,the Mayor of the City of Bettendorf shall of said committee. At such organization meeting the WPCP Manager shall preside titer meetings. be the chair of the Contract Committee and the Mayor of the City of Davenport shall be the vice chair. c. A member of the Technical Committee may resign therefrom by giving written notice of such resignation to the chair of the Contract Committee and to the dells of the Municipality he/she c. A member of the Contract Committee may resign therefrom by giving written notice of such represents. A member may be removed by the governing body which appointed him her either for resignation to the chair of Contract Committee and to the clerk of the Municipality he/she cause,or if such member ceases to be an officer of the Municipality or a member of the appointing represents.A member may be removed by the governing body which appointed him/her either for governing body.The governing body shall give the Technical Committee written notice of removal cause,or if such member ceases to be an officer of the Municipality or a member of the appointing of its representative. governing body.The governing body shall give the Contract Committee written notice of removal of its representative. AR'T'ICLE XI.TERMINATION d. All actions of the Contract Committee shall be by a majority vote of the entire membership. A majority of the members shall constitute a quorum at any meeting of the Contract Commnittee. No Municipality shall,without the consent of the other Municipalities,withdraw from this Agreement to improve,operate,and maintain the System. Under no circumstance shall a hluoicip:dity he permitted to withdraw from this Agreement Welty amount of sewage from a property within that hiumicipahity is ARTICLE X. ORGANIZATION OF conveyed through any portion of the System. A Municipality must gibe notice of at least one year TECHNICAL COMMITTEE within 30 days prior to July I of any calendar year of its intent to withdraw from the Agreement. If approved by the other Municipalities,die withdrawing Municipality is obligated to pay die following 1. There is hereby established a subcommittee of the Contract Committee named the Technical Committee prior to withdrawing from the Agreement:(1)All costs to separate the withdraw tug hlumicipality's consisting of. sewer system from the System;(2)All future and remaining debt payments of the System front prior debt issuances and any debt approved by the Contract Committee in the annual buil•,et process,even if a. The City Engineers or technical representative of each Municipality. such debt has not yet been issued; (3)All costs to adequately review,study,andor update the total liability of all participating Municipalities on the future cost of closing and demolishing the Water b. A financial or capital improvements representative from each Municipality. Pollution Control Plant and Compost Facility;(4)The withdrawing hlunicipality's proportionate share of the future costs of closing and demolishing the Water Pollution Control Plant and the Compost c. The WPCP Manager. Facility; and(5)The unfunded pension liabilities as identified by the Iowa Public Employees' Retirement System(IPERS) for all applicable employees of the City of Davenport who operate, 2. The purpose,power,duties and functions of the Technical Committee shall be to meet quarterly to: manage,and maintain the System. a. Review monthly IDNR reports provided by the WPCP Manager; ARTICLE XII. MISCELLANEOUS b. Review new residential,commercial and industrial subdivisions or site plans provided by the cities for impacts to flows and loading of the interceptor sewers and Water Pollution Control Plant; 1. Governing Law. This Agreement shall be interpreted in accordance with and the i iglus of the parties c. Review reports and proposed improvements to the Water Pollution Control Plant to meet I DNR hereto shall be determined by the laws of the State of Iowa,without regard to conflict of laws principles. NPDES permit requirements,Administrative Order requirements and improvements necessary for future flow and loadings; 2. Books and Records.The books and records of each Municipality pertaining to the suhiect matter ofthis d. Review proposed operating and capital budgets and make budget recommendations to the Contract Agreement shall at all reasonable times be subject to inspection and audit by any other Municipality. Committee; 9 10 3. No Third Party Beneficiaries.Nothing express or implied in this Agreement is intended to confer,nor to every other remedy given hereunder or now or hereafter existing at law or in equity.livery power shall anything herein confer,upon any person other than the parties and the respective successors and and remedy given by this Agreement to the parties may be exercised from lime to nine as often)as may assigns of the parties any rights,remedies,obligations,or liabilities whatsoever. be deemed expedient by the parties. 4. No Construction Against Drafting Party.This Agreement shall not be construed more strongly against 9. Waiver.No delay or omission of any party to exercise any right or power accruing upon any event of any party regardless of who was responsible for its preparation. default shall impair any such right or power,or shall be construed to be a waiver of such event or default or acquiescence therein. Ally such delay or omission by any party in relation to a breach of any 5. Interpretation In Favor of Public Good.In the event a court is asked to resolve a dispute involving provision of this Agreement by any other party shall not be construed us a waiver of any subsequent interpretation of this Agreement,the parties agree that the public interest should be favored over any breach. private interest. 10.Amendments to Law.The parties recognize that this Agreement at all times is to be subject to applicable 6. Severability.If any provision or clause of this Agreement or application thereof to any person or state,local,and federal law and that the Agreement shall be subject to amendments in such laws and circumstances is held invalid or unlawful,such invalidity or unlawfulness shall not affect any other regulations and to new legislation. provision or clause of this Agreement or application thereof which can be given effect without invalid or unlawful provision,clause or application. XIII.INDEMNIFICATION 7. Notices.All notices required or permitted to be given under this Agreement shall be in writing and shall be sent certified mail,retum receipt requested.All notices shall be deemed to have been given as of the Each Municipality shall indemnify the other Municipalities from and against any and all chums for damage, date of the postmark.All notices shall be addressed to the applicable party or parties as follows: loss,liability,including reasonable attorneys'tees relating to or arising out of the use or operation of each Municipality's Collection Sewer within its jurisdiction.The Contract Committee shall be responsible for For City of Davenport.lows risk management of the System.The System is insured as set forth on Attachment 5.The cost ol'insurance covering the System shall be considered a cost of operation ofthe System. The proem el not of insurance Atm:City Administrator for the System shall not be construed as a waiver of any immunities available to the Municipalities,either City of Davenport singularly or collectively,in claims,costs,or actions brought by third parties. 226 W.45 Street Davenport,IA 52801 XIV.SUCCESSORS AND ASSIGNMENT For City of Bettendorf.Iowa This Agreement,and each and every one of the terms and provisions thereof;shall be lin the benefit,of and Atm: City Administrator be binding upon the Mwticipalities hereto and each of them and their respective successors and assigns. City of Bettendorf 1609 State Street Bettendorf,IA 52722 XV.DISPUTE RESOLUTION For City of Riverdale.Iowa I. Negotiation.Except where injunctive relief is sought,the Municipalities shall attempt in good faith to resolve any controversy,claim or dispute of whatever nature arising out of or relating to this Agreemnent Atm:City Administrator or the breach,termination,enforceability or validity thereof(-Dispute")promptly b)negotiation among City of Riverdale representatives of each Municipality who have authority to settle the Dispute and who are at a higher 110 Manor Drive level of management within each of the parties'organizations than the panties'representatives involved Riverdale,IA 52722 in the Dispute.Any individuals involved in the Dispute or original contract modification,or anything related thereto shall not be involved in the Dispute or original contract modification.or anything related For City of Panorama Park.Iowa thereto shall not be involved in the Dispute resolution described in this section.This procedure must be employed before any other steps are employed to resolve the Dispute(including,without limitation, Atm: Mayor mediation or litigation).Each party shall provide the other with all information and documentation City of Panorama Park relied upon by the party to substantiate its position with respect to the Dispute. 120 Short Street Bettendorf,IA 52722 2. Mediation.If the Dispute has nut been resolved through negotiation within thirty(t01 business days of the initiation thereof;the Municipalities shall make a good faith attempt to settle the Dispute by mediation conducted by a mutually agreeable mediator in a mutually agreed upon location. 8. Remedies.No remedy herein conferred upon or reserved to the parties is intended to be exclusive of any other remedy or remedies,and each and every remedy shall be cumulative,and shall be in addition 11 12 3. Right to Trial. If the Municipalities are unable to resolve a Dispute using the mechanisms described in IN WITNESS WHEREOF, the Municipalities have executed this Agreement by their duly authorized this section,then any party is entitled to any and all legal and equitable remedies it has including, representatives on the latter of the dates on which the respective governmental entities authorized and without limitation,right to a trial. applied signatures. 4. In any dispute among the Municipalities,the Municipalities agree to not assert any immunities they City of Bettendort;Iowa City of Davenport,Iowa may have available under the law. By: By: XVI.CHAPTER 28E,CODE OF IOWA Robert S.Gallagher Frank Klipsch Mayor Mayor In accordance with Chapter 28E of the Code of Iowa,this Agreement shall be filed with the Iowa Secretary of State and submitted to the Iowa Attorney General for approval as an interstate compact. Date: Date: XVII.ENTIRE AGREEMENT,AMENDMENTS Attest: Attest: The Municipalities agree that this Agreement,including attachments and those items cited by reference, constitute the entire understanding between the Municipalities with respect to the subject matter addressed By: By: herein.Any change or modification to this Agreement shall only be effective if made in writing and signed Decker Ploehn Coni Spiegel by all Municipalities. Failure to comply with any of the provisions stated herein shall constitute material City Clerk City Clerk breach of contract. (Signature page follows) City of Riverdale,Iowa City of Panorama Park,Iowa By: By: Michael Bawden Ronald Rice Mayor Mayor Date: Date: Attest: Attest: By: By: Name: Name: Title: Title: 13 14 ATTACHMENT 1 IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER 'JOINT USE CITIES ADMINISTRATIVE ORDER WITH INTERCEPTOR SEWER MAP II. JURISDICTION IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER This Otdet is issued put swami to the putvisior>of Iawa Code ie.tier-155E?-5t l,. which authorizes the Director to issue any older uecee„uy to sectue compliance•s oh w prevent a violation of Iowa Code Chapter 455B,Division III.Part I ya rouatei r tri.J the INTIM MATTER OF: rules adopted or permit,issued pursuant to that part:and Iowa Code section 47'E ir.nJ u...t ADMINISTRATIVE CONSENT 567 Iowa Administrative Code(LAC)Chapin-lip,which authorize the Director to i. JOINT USE OF SANITARY SEWERS ORDER administrative penalties. AND SEWAGE DISPOSAL FACILITIES:City of Davenport,Iowa, NO.2013-WW- III. STATEMENT OF FACTS City of Bettendorf.Iowa, Clty of Riverdale,Iowa, The DNR and the C rues of Davenport.Benendorf.Riverdale.and Pim-dame Pati:r'c o::fter City of Panorama Park,Iowa refereed to as"Joint Use Crites• agree to the following facts. SYDES Permit 48222003 I. An intergovennnental agteernent providing for c v:uu,tion and joint use of;,uet,u^i Scar County,Iowa sewers and sewage disposal facilities was signed by the City of Da-:eup.nt.kwa,use C u Bettearlot£Iowa;the City of Riverdale.Iowa and the City of Poorcrama Pari.Iowa on TO: William E.Giulia,Mayor Robert S.Gallagher.Mayor January 5,1974.This agreement which has been amended continue:so he the bats fol City of Davenport City of Betteiidarl operating,mairauimg..and financing the corwuou plant and system asset, 226 W 44'Street 1609 Stare Street Davenport IA 52801 Becieudorf L-.53722 2. The Joint Use Cities our and operate the bait Sewerage I crismi sties Water P•:hr.tion Control Plant,a mechanical wa.tesvatet plain serums approximately_s'.5s'U tesidentral John J.Fiauklin,Mayan David White,Mayor connections.7.032 commercial Coirtectiortb.,and 20 industrial comie.tir:mi m the Crr.of City of Riverdale City of Pamrama Pail- Davenport The plant also serves approxmiately 12.749 residential con nections - 110Manor Dave P.O.Box 533 conuuercral connections and industrial connections ui Benendorf. Approsametefr 206 Riverdale,IA,52722 112 Short Street residential connections and 10 coimiierrial connections are served as.Rivetdale. Ile pl:urt Panorama Park,LA 52767 serves approxunately 55 residential connections m Panorama Pak. The:rasresvarei plata is designed to handle an average dry weather flow of 26.0 million gallons per day tile_di and an average wet weather flow of 40.0 angel A conshuctiom peanut was issued by the U:;F:,:rr L SCIIILARI Mach 15;1974 for the conn-shun of the Davenport Water Pollution Comm!Plant in accordance with current NPDES. This administrative consent order(Order)is entered into between the Cities of Davenport,Benendorf.Riverdale,and Panorama Park and the Iowa Department of Natural 3. The Davenport wastewater plant Lias hinctically recened wet.statism fl.:-us Resources(DNR)for the purpose of establishing a schedule for necessary upgrades to the whittles far exceeding ilrt plants design capacity.These excessr'r wet .ve Lewitt m tin Davenport iStatn Pollution Control Plant and the wastewater collect on s}'stenas of discharge of untreated wastewater hour the collectrcm system awl partially nested Davenport and Benendorf to achieve compliance with applicable requirements and to wastewater fromunto the plant.blended with treated wastewater eliminate the discharge 0/unheated wastewater from the collection systems. Any questions regarding this Order should be directed to: 4. Pursuant to 567 IAC 60.2.a bypass is the diversion of waste:Attains from au"•:p•,Loon of a tieatmem facilin•or collection systema.A bypass does not include annual opei.,tnar.rl Relating to technical requirements: Relating to keel requirements* waste stream diversions that are part of the design of the treatment facility usaintcs_uii e Paul Brandt,Eavuonmenral Specialist Sr. Jon Tack,Attorney for the DNR dnVetsi.liti where redlridaL'cy Li provided.diversions of waitewatei ti cm ane poises Ill a DNR Field Office uS Iowa Department ofNaturral Resources collection system to another point in a collection system.on wastewater backups 1023 W.Madison 502 E.9"Street buildings that are caused m the budding lateral or private sewer hue. Washington,Iowa 52353-1623 Des Moines..Iowa 50319 Phone 319-653-2135 Phone". 515.281-1889 15 16 IOWA DEPARTMENT OF NATURAL RESOURCES IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CONSENT ORDER ADMINISTRATIVE CONSENT ORDER JOINT USE CITIES JOINT USE CITIES this section shall not be coaa,tmed to poling the discharge of adequately treated:ei,sac 5. In 2010„the Joint Use Cities discharged 547.7 mullion gallons of partially treated industrial waste,or other a aste pl tsmitt to a peau t issued by the dile:tot wastewater to the Ilisssissippi River at the wastewater treatment plant over a total of 74 separate days of discharge. In addition to these discharges.Davenport reported the discharge 2. Pursuant to 567 LAC 63.6,bypasses from any poison of a treatment fa lir,,ca Iran a of unheated wastewater from the wastewater collection system on three occasions in 2010. sanitary sewer collection system designed to carry only sewage are prohibited.Pau•.:_uwt t= 567 IAC 6(1.2 a bypass as the diversion of waste streams hour any"nation of a heatuaeut 6. In 2009,.the Joint Use Cities discharged 723.8 million gallons of partially treated facility a collection system A bypass does not include xute:na€opeaatsonal waste;neoiaa wastewater to the Mis=nasippi River at the wastewater treatment plant over a total of 90 diversions that are part of the design of the treatment'„ac tidy,rasa atenaiice Alyea saou.>ahet e separate days of discharge. In addition to these discharges,Davenport reported the discharge redundancy is provided,diversions of wastewater front one point in a collection<-)stout to of unheated wastewater front the wastewater collection system on 18 occasions in 2009. another point in a collection sy:stem,or wastewater backups into Millings that are.shred in the building lateral or prnate sewer line. The DNR has documented si.Iauea.related t;; 7.The Davenport Water Pollution Control Plant also series Bestendoaf.Riverdale and untreated di charges by the Joint Use Cities.as documented an the Statement of Fact,al os e. Pararama Park.Each city owns and maintains the wastewater collection system within each respective city limits and proportionately stases in the ownership,cost of operation and 3. Pursuant to 567 IAC 64.2(101 ta'.a sanitaty sewer construction pet mat usa:Le denied maintenance of the Davenport Water Pollution Control Plant. Proportionate ownership is if bypassing has occuared at the treatment facility,except when any of the t ll< u.a allocated based on a community's use expressed as a percentage Percentages for fiscal year conditions ate being met: 2012 are:Daveupmt: 9.66.0;Berteudo f,19.81'%-:Riverdale,0.46%;and Panorama park, (1)The bypas.:tie is due to a combined sewn system,am{the facility is in ithaqtInsuic 0.07% with a long-tetra CSO control plan approved by the department. (2)The bypassing occurs as a result of a stoma with au intensity m dm atiou gr eons:Lan 8.When influent flow to the wastewater plant exceeds the plant's design capacity, that of a storm with a renuu pearod alive yeas. influent flow is restricted and backs tip in the Bettendotf collection system. In 2010.the City (3)The department deteana.cae.s that timely actions ase being taken to chin iratis;,.rug. of Betteadorf reported discharging over 33.2 trillion gallons of untreated wastewater to the Islississippi River over the course of separate incidents lasting 11 days. 4. Psussaut to 56.7 LAC 64.2(10)'c",a sanitary saver con.tnutwn p-ea unit anis,be denied if an existing down:meant sewer is at will be evert.iimi :sea lis_edre.:uassn sat 9. The DepaRmeut and the Joint Use Cities have been working together for several years bypassing.flooded basements,or overflowing manholes,staleis. to develop a strategy to eliminate or minimize the bypassing of partially treated wastewater at the Davenport Water Pollution Coateat Plant and within the wastewater collection systems of (1)The bypassu,g oa flooding as the result of a precapatatsosl evert with an mtea::::ty..a the Joint Use Cities. duration greater titan that of a storm with a tenant pea aid of two Yeats (2)The system is tustier Rill-scale facility planning(II and SSES)and the app lic:uu 10.The Joint Use Cities have committed to a 20-}rear Capital Improvement Plan that provides a schedule that as approved by the depaatnaent for iehhatsiliat ng the .l ut£c• contains at least 20 sewer-related projects at a cost of over M60 million dollars. the extent aneccestaay to handle the additional looading+s. 11. This Order is intended to establish a schedule for the completion of wastewater V. ORDER collection,handling and heattuent improvements necessary for the Joint Use Cities to achieve compliance with applicable regulations. In the event a signatory fails to abide by the By the execution of this Oa des,the DNR oriea.s and the Joint Use C ares agaee t. schedules contained herein,each or any of the other signatories may cotta ce this Older tisdertal'.e the IkaateWakel cohecuou,la txwiliug.and Qtsit ua roc l•..,:;t against the breaching parry. Sewer Use Communities Capital Iaproventent Plan(CEP)submitted to the DEER L'i Cae iosant Use Cities,dared March 30:2012,as amended on May 31,2012. The Jo:st 1Jse C alae: IV. CONCLUSIONS OF LAW specifically agree to the follow Ma deadlines: The DNR and the Joint Use Cities agree that the following conclusions of law are applicable in this case: 1.Beginntang upon the execution of this Cadet and c.oat:mi ig until tie soon. 1 orae completion of all related projects set forth a the CIP or July 1,2018..the...Iona I.se al,r ec 1. Pursuant to Iowa Code section 455B.186(1).a polhuant shall not be disposed of by shall undertake the cleaning and televising of ateaceptor sew'ea5 within the trimas m depositing,ax dischargingsuch pollutant into anywater of the State,except that collection systems of the respective rues including but n st limited to the Old Rd r'rtti.:a it dumping,depos PoeP 3 4 17 18 _. 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' ° .'4 " 4• 1 % 0 4161 ''l - a . - '4 0,..7.1.'",8 1 5 ta4‘. 1 6 4.4.4 . e '41'2 r, - z g'.- . 5 I. 4-. -il •J 0 0 ..n '4 '`5. Z g A N 2 4... 8 - & fl s ‘, 0 p.a lit 4 ; 8.4 ' 9,,a, r- ga/ 3,• g2 g & ''' g ou • ' n4, Va ,.,,, g I t , .•6 a 2 N - . . 4-0'..,1 g.f.1 1,'41 ES-g 1g1 uggjilti -.?. ' 8 ,4-0 4, -,q*, °° .i.., -.9 .ill -, g',T, 2,,,,... .T, 0 2 4' ? ts "d24,`7,'. 8 g‘'E. . .. E 2r,,c7.,,.. „,011 g. „. q. , tsP-. !La] t- .=.1 • '"-- ---., z 2J--...0 :--. 4 2. ,, c.. _ c..- a 1,..; .irc. g-1 '8 AA.Z.8 . 4. a i'l 1 '4 ter° .g.-8 t 0 : ,, 41 r tr• 1 6 .„ „ ' .5.5ti . 1]. ilt.i• . 'cl .i, ..1 1 ,!1. i.si .i ,:r: .c:. Ow, 0. ".0 ,!'`O tC, E2,:gt•2..t; 1 i ,44. 0 ri' 41 g...7' 72 4 I t.11 S "14.P. •E'l -'1114..s. '04 ,8, iN.1.2 ell 0.. - .4.1 Z . '4 .4.., - ,,- -,4 „,-6 . 8• .15 ,44,r§..8 ... v e. N , v a. . 7, a.p 'S 1 ,, ,,; :04,.44, - -s ..-2 ta. -. „ ..• • a.5 a,0 .9 t, q. 'a li'l • ' '''.ra ' 8 "..2,1g.g PISi '.i.-4.40,a 28'al7 t ..1.41 :: ac,0 O 1,"A! .A . , lt‘i!. 8122 '71 ,913ii 1410 "1340 Ail '20 r• P-,t 0 -A - l' t .1 ...,.:8m• x08.0 : 4 % t..,5 ill ,---I ,11 .--a, ; ; • .4,4 r,17 - !..,,3 -,4 -. .!.. 04 .-- ,4.7 z t.,A- 2.6 g 1-1 3 t 0,„, 0... 42-01 coa mFli. c13 <a * got .-. 31 ... . E ...i ..5, ...i orw.g . E. U i 1,f,. g•1.5 6 N illi 1"*z.' 01. fAe - .g. . .. IOWA DEPART11E'T OF NATURAL RESOURCES AI eUNI5TRATIIE CQNSENT ORDER IOWA t)I:l".ARI MIN f ill NA'I t le_:vi..RI SOI tit'LS JQIITFLTSEC'IfIES '11lhtIVISIKAIIV} irtNSI..NI(it11i 1: .ii tI%1 taSP.f:l i'iFs 19.Nothing in this Order is intended to dictate or establish the apportionment of costs or funding obligations between the Joon Use Cities far any joint projects required by this Order r � /'� to fax any projects for which existing municipal agreement establish the funding liabilities of ("�r t.i,r 1 r;[.e( ••••• ,i,..,. the Joint Use Cities.It is the responsibility of the Jona Use Cities to determine and assess C]KICK(.ill I ttiR1::C 1 x l;l ( „ such costs as deteanuned to be appropriate by the parties. Pursuant to the agreement of the lout.Drl>attmu+t Naeid.+l K,.u,i[r+...: Joint Use Cities.the costs of any joint projects required by this Order shall be allocated iu. pittpottiou with and expressly limited to each constituent commonly's percentage share of owonzhip of the Davenport Water Pollution Control Plant.. 'r a ... s.... _ .4x4Y•t+-.". tI+ ', "ta.;: .f 20.If the remediation steps called for in this consent order result in a cessation of .11 I.kA!si k <t"'i'til,AI a X(.YK j.e• violation for an extended period of time,Joint Sewer-Use Committee(MCC)may request Cat}it[kir;rnls>.t that the IDNR review the statins of this order. The patties agree that die goal of this order is compliance with statutes and regulations in order to pr'ov'ide protection of human health and the enviiormnent and not to unduly burden the sewer rate payers w itlt infrastructure that is ,J >r1[ not needed. - s' t ,„,r u+ .t.,,:! RO1t1:R"I'S.u I.ACiill'ft.MAYOR VI. ll PENALTY City of rten tut'i 1. Iowa Code section 3553.191 authorizes the assessment of civil penalties of up to .. $i 000.00 per day of violation for the violations involved in this matter 2. Iowa Code section 4553.109 authorizes the Commission to establish by rule a JulIN J.FI<1(NR I IN,AM)OR schedule of civil penalties up to 510,000 that may be assessed odium iclatively. The City of R.ivesdlyd+ Commission has adopted this schedule with procedures and criteria for assessment of penalties at IAC Chapter 567-10. Pursuant to this chapter.the Department is authorized to issue an administrative order with penalties for noncompliance with this Order or to refer suds noncompliance to the Iowa Attorney General for the initiation of a District Court action seeking such penalties and injunctive relief. L).AY IU Will l 1.:,MAYOlt City of Panoralist Pars VII. WAIVER OF APPEAL RIGHTS This Order is entered into knowingly by and with the consent of the Joint Use Cities. For that reason,the Joint Use Cities individually waive the right to appeal this Order or any part thereof st'ul.o kt125ju.s Pipit milt 'a.i ii iii I.,t.t'A.iS'aia r.ir;Y' \IH. NONCOEIPLLANCE Failure to comply with this Order may result in referral to the Attorney General to obtain injunctive relief pursuant to Iowa Code section 4553.191. Compliance with section V.of this Order constitutes full satisfaction of all requirements pertaining to the violations described in section IV.Conclusions of Law"of this Order. _ R 21 22 uu Jal&tuelp Aci)sioldailaiu lucui„eAt .. -. ,A.-sot...e..,..9)...-..0p.:-...-,p,p...1 x,,,,. its,Ld- - --— ,•••-"" 1- '"•--..,, . ,......-',.... ' -,........._. ''.•. • " [ ' "."'"".."7""*Ni ,. . . 1 i ..., / / / ,.< %-,•-' i .., '..,A'• 7 1 ..•• J .ts.•, I - / i i N ..› _ s 1 ....., , ,.. c,,, 1 , , i . / ,• - _ / t• - , 1 , . ,2• ,, 2 . „••••, ---,.._ . ..., 7 •••••••-,._ ., / , 1 L = (e6e 1?(u)Jaiewelp kg)sioldaaialui luo.wanid ......... J...-,1 ....•...manum (vocluenea)uoidepialui jo wIA ueld•1..-OV ein61.1 .".D X2ST40 2 ...an '..., l 4 -„ .,. ,..., ..,,' ..,,' ...., .1 ..-.- ',. ' '''''--- - . - • ' J J•s.,.I:-.*4''' -,<, ATTACHMENT 2 ATTACHMENT 3 PERMANENT FLOW METER LOCATION MAP WATER POLLUTION CONTROL PLANT COST ALLOCATION F-ti .L ;. SPREADSHEET&INSTRUCTIONS irr z6ze e a a ,aa jj Cr L'f^-- (` V`f Total O.Mri Y I 1 (J{T�" h\ Nou rw 6" ` ,1 -Cs � a 1.1m .a..at t b 955>D 2 I 6 r fit(%F}� = F1 LOi l.aat�au<oal I 3.153.5.2 FIo.lo 31.40 WOW, 2 445a 41420 2.11.1. /° I, ":,!).,,,,:i,>:\ _, ... MJavo b.ILW b'. ii / a.e09 at a.a.amaa.coat 1 2.502.182.2 I it 16.611.624 I 4.ILa 4b i ...'°. ,..a \ tx .....t. . s.0�.n . ,+ 4 anJ P.aa.a .,.n..a.l 1e.IB00<11DID i J C1901d Coa '. 1.: x---ti7i' I �\ E .apwr lb: r• ,.92,.OJ9 TV 94 9p f 22d.4t2 "tP1.1 lt ! w to aas V. t ,,51, (.7- ` I b.16JG 0 t i 5>S ^„' '�}f• t.\ TwJ6}t9.Yat L».S»It �,-,� ./L ;, i 8` • al Pranraalmost Ma..l Flow/MG a:ti?OIU kJT 91W _� i ,1,arn 2,Old US ,� -� !r •i t R.rr...FluelMG LU 526 50,k 439E 1 L4nt r .. Jam_ i i Total 569.38 569.300 I kat, t 124,660 4 Ili y ' W.90i OKooAI / �_ I ll I ... , 17.t.--,...i. .-1 I' s •J 6Coamu<.IIC.1600 .41u 11,5.lit -, sir l I .:AC ` n..u,.woy..:. P.VJ.r,.. 1,..,.,6ao rr.w ay.l,in. i 1 $p'wll .:.:... J 1 i s.1 I ,1�1r�\_� ���� ..,r T..J nasal :5$ LLOL.6aa• :4:1 .1::::::1,4 • IV __- � � `I .2a5to5a -u1 '2�a"a,�-�+E..:- n zsosrsz s s 1 /41 t� J.'' ,11,2„64 i 41 --". 2) .../. 2BB42B4 Total 5 8 3358.718 . > sa.aaaa al BOO PE 4s se C% +y• Pr I 'Y (i� - n,Ave n..P[ a.u.a.te.rl..u.22 t.+.Y i 9 k J , ,, ,�tl"� _L,_ \,___. 1\[\� a Co.“ 54 iI\ j�V/...../.41,1:14: ^� /�'t'--.. \ V S O `..:f2.6 u 152 a i.lf b i si 1M..'1 °� } + - j t 1 t i a.afl t 54.4....2.y .S .•1...�,' ' / ( I / i .\\ W .16 2 W 5 t i t.5er t 2.m '1 000 �, i r.. - ' E711-2.". ,. . .,164: TOTAL 84 y'( / M JI II si r ;O 1 x I ! jk,1 t w..ra.l ,r,, TOTAL 4, I /75 n La T r .r f%, I FL I l . �1fiwlirllr "t ,` .r�'_ Tm.0 oL. : ..... .� f -...4— 1; �.._ s.m� t Fyi .x. 25 26 Instructions Residential Organics BOO 28-E Allocation Spreadsheet B41 thru 844,the population as prowled in the American Community iai:ey cul iemly mah;e at http:/anww.census.govjprograms-surveys/acs for each Municipality C41 thru C44,the pounds of BOD allocated for each city.i.e.C41=841'854 This is an instructional document for the 28E allocation spreadsheet.This document explains how the D41 thru 044,the cost of the pounds of treated BOO allocated to each city.i.e.041= 41 spreadsheet is used to create a percentage of allocation for each of the cities that are represented under the 28E agreement.The allocations are based upon each fiscal year budget expenditure and Residential flow in Gallons revenue projections.The Industrial Pretreatment calculations considers the cost of laboratory testing B48 thru 851,the population reported by each city represented. and sampling cost that are incurred by the industrial use within the pretreatment operations. Flow is C48 thru C51,the gallons of flow allocated for each city.i.e.C48=848'85c based upon 60%of the treatment cost at the Wastewater Treatment Plant. Organics{BOD)Is based D48 thru D51,the cost of flow treated allocated to each city.i.e.048=11148/1000)':39 upon 40%of the treatment cost at the Wastewater Treatment Plant. Per Capita Calculations Instructions are explained by column and row heading. 854 This is the annual pounds of BOD per year pet capita.854=(835/445) 855 This is the average of pounds of 900 per capita per day.855=654,,565 FY_Budget 856 This is the annual gallon of flow per capita per year. 656=8337/845 62 This number is O&M cost that is estimated by Davenport Finance Department. B57 This is the floe:in gallons per day per capita.857=856)365 B3 This number is Revenue that is estimated by Davenport Finance Department. 84 Subtract 83 from B2 Allocated Treatment Operation and Maintenance Cost Minus the Pretreatment Cost 86 This cost is developed by the Lab Supervisor.The numbers come from the Industrial load on the 861 thru 1364 Cost of residential flow per the defined city. Nu mbe,s coped nom 041 tin,.i USF C61 thru C64 Cost of residential B00 per the defined city. Numbers copied from D41 IN u 044 Lab.Mistakes into account lab staff and their time to process the sampling and lab testing for 061 thru 064 Cost of industrial flow per the defined city. Numbers cvpicd frcnn 621 t ru 022 the industries.It also accounts for actual lab testing cost for each constituent. E61 thru 464 Cost of industrial BOO pei the defined city. Numbers copied frim Glc U;:.i too B7 Subtract 86 from B4 661 thru 664 Cost of allocation totalized per the defined city.i.e.661=Bfih 6t+Go1+Lc 1 89 This number is 60%of 87=87'0.60 811 This number is 40%0f 87=137`0.40 Actual Industrial Pretreatment Cost Allocation to Each City C,09 This is the total flow that comes from prior years actual calendar year monthly average flow In 869 thru 871 Percentage of industrial flow per the defined city.Numbers copied from c.1 t;thio:22 million gallons per day,and multiplying by 12 months. C69 thru C71 Percentage of industrial 500 per Me defined city.Numbers.C3picd frc.,r(14 tnru C16 C,D11 This is the total pounds of BOD from the prior calendar year monthly average 800 in pounds, 069 thru D71 Average percentage per the defined city.i.e.069=(865+C691/2 and multiplying by 12 months. E69 thru E?1 Pretreatment cost allocated to the defined city.i.e.E69=089'bo G9 This is a calculation of the$0.00 per thousand gallons of flow treated. 69=89/09 011 This is a calculation of the$0.00 per pound of BOO treated. G11=811/011 Combined O&M and Pretreatment Cost Totals&Percentage of Allocation H69 thru H72 Total allocated cost to the defined city.i.e.H69=661469 Industrial Pretreatment Annual lbs./BOD €69 thru 172 Total percentage of allocation to the defined city.i.e..i49=069/174. li„ui:mg to the B14 thru 816,the industrial total BOD in pounds reported during the prior calendar year. nearest 0.00 then,adjust to make percentages total equal to C14 thru C16,the percentage of the industrial total BOO reported for each city i.e.C14=814/817 D14thru D16,the cost of the industrial users in each city for BOD.i.e.1314=B14'G11 E74 Total Operation and maintenance cost.This amount sr,oi 1 equal total a b. Industrial Pretreatment Annual Flow/MG 820 thru 822,the industrial total of flow in million gallons reported during the calendar year. C20 thru C22,the percentage of the Industrial flow reported for each city i.e.C20=820/823 D20 thru 022,the cost of the Industrial users in each city for flow.i.e-D20=1320°09 Residential Totals B37 This is the total flow allocated for residential&commercial users in the calendar year. i.e.837=(094`1000)-023'1000) B38 This is the total pounds of BOD allocated for residential&commercial users in the calendar year. i.e.838=D11-1317 27 28 ATTACHMENT 4 ATTACHMENT 5 CAPACITY ALLOCATION WORKSHEET(EXAMPLE) WPCP INSURANCE COVERAGE ,4C(ARC) CERTIFICATE OF LIABILITY INSURANCE ,, •-• '' ' . .- ' Watur Pollution COntr01 Plaint CapaCity I kRiap-- TINS CERTNICATE IS ISSUED AS A METIER OE INFORMATION ONLY AND CONFERS P.WRITS UPON TRE CEIRTIFiC A II H DIM 2 0125)3515.90 MG P1WW 33 3535 Paptligaion f quiwatt.1313 21003 CERTIFICATE DCES NOT AFFIRMATIVELY UR NE5A15ELY AMEND,EXTEND DR ALTER THE akENAL.E A.:FARO:CD 51 1302 YALK.R 5 0031..3355 123,802.2.232,512. 101.500 390,012 BELOW. THIS CERN,RATE OF INSURANCE 1.123E3 3301 001315TITJII A CLOITRACT 6E1105011 THE 5352.15100 IENLINER....111,12ED 4.BCD.65,M0 M,s,cle, x:17,t,.P20.123223103 332335 335.00., REPRESENTATIVE I33FROD.0 ER AND 1 HE CERTIFICATE IA,DEN 5:1,10 luiper4ed iptids.67,200.11,,,ay0 10.5 75.3.i.pheitl. 2.31.17: 2,3 343 IMPORTANT:NON bertifi...Issidas is 2S,AcamotiAL tWuRED vit psis:A.1 must Imis ACIVITZOKI.INSURED 0323,210Es A IN 04....rr03 I! H SUBROGATION Is MARCO sot,.to Me asrpts 20.1 100310003 of Me t.22.1.0.13015*225152.1es 035 00.....e N.umu.s053 A at 20:A0E.A. this LenafiAale 2cms 005 00Eler riy.Y.10 v.cmt.2...buldet In I.,such..101,303.0..0 31 I, Design 13.01 an SS MG NSW, pE imuy 3500.0003.M1wIleot int, mutt 5 FiD,e,33 MG Z003aDanSiCap3fdal 330.000 367 50,2 AIM,.1 G2iHkter RH3 1.15,20,Erne2t He.-.0225 ir, 17..:-, -.5 . .-.. 3*02 89 in.5klay 0.17.5.7.1.05.353,0.0 503.723 .445 5, Zan EWWW., C..e.5,14t 2DD ...' "`.. ...55-5,-.0.013 W'1.0[4.13.D.,er.ded 3014,WAG.5/day 0.23.It,111.00,100.1 311 735 1,1371 Cavanput IA Bala I T.!TaL.,CNA 50...........eLeEL2.0.0 LAE ..,.... „.. . t2 13 3.,,.,,3 3 &0y PE flow MN 36 45.155. *0301, - --- 14, 500 Ccusut 0025 50 of PE How Y.OFF Flow 55 40 4,10,.%,5 hia4i%40 41WW Se 3310WW,r9i,AMY.,55 MN.. '2.2E Wan FAH,.Hlf0et 0: 122 5.1020.3014.1 I .50PL.00I .3IG LAMY MG PAWN It Mow PE FRE PE Pl.v. 06 1:00 PE How PE i IA0 Coveroon IS 12E01 10.311 23.531. Ia.., 7415% 04.355. 221.54 225.325 252 111 305.450 0.E.,00.0002N M.O. 6.23% b.375: 25.. 25 4.25. 103,02 139,734 .3. 31.050 a.5Aerasie .1 2.10% 22912 0 5. OE. 0.155 5.937 1 35.3 Etta COVERAGES CERTIMATE RUMMER.laiii.ini,o, REvii IC.NUMBER 19 Fano..../Fart 1. 0.3. 2224 2103. 2.1.. 3. 542 355 40.1 TH.i4 70 CENT,THAT THE 20.00.10 OF 22.0 33110 30.01 HAVE 51E,.1...22 tE .EC ARE,:......HE I 337,i,, 34 4. .13DS, :LOU, I.., HI0o 550.35D 3.40,OLD 37,3D'.., 1/.1CATEZ.NCT:0145.174,37.1.5 wr re:L...0 Tem Lot c,.......:,,,,,,•,,,,,.,C...,E,,,...,,,,,,,,i d."..-.:,r le,..m,e,1,,,.. CEPTIPICATE VAT/31:220202 EA M.PEN,.7NE.34,00.43CE.N.503100.5.Tee,e-e,e,eeeeo,aee...e.,,,,:,:..e..ee: oz : ....,...,-- 0; Serum of Capacity PE 500 100% PE 110011355 5 N' 0 0.00,0,,.....0.,.......,,,,,, 7 51.2,1.-.4.15 2 ,- LI PM 1enuts1.0.2 Pi of PE PM.A II.OPP FioN 55 CD 295.50...MN:N 4.11 1.,52 10 55 1.4110./1340 1.023 MIS I --2,p3.522,Ry- . E 05: 000 PC,e a.ta us 00 '2 I PopAstion 40 SAG 1.3.01 1.A2 MINS PE Piow PE Flow PE How II How PE Piow PE F ME „ 26 290e0213.7 lee,3ns 26 7E5. 13 46h 74 15% 74 135. 243 315 .3 333 ,s2 5... 331 35E. 27 3[Itendart 33. 9 175. 5.57h 25.: 254E. 37 10E 153,550 .3.1 555 112515 eo RmecoiMe 4E1 013% oast: a 35% C33% 2 333 .1 323 1 135 1.5. ...521.0..11 133 0 045. aaao a'OS 0 105. 377 5. Ka 4.ta 30. ,..4 137.3n .... 521553 305.513 375 055 .L16005. .- ,...... A:4,...,4•AX,S. 33: 3313.113 of G.A. PE TS3 5.75 PE T532. 1111tq..'e'' .1.--,..2- :'-=---:-- - , "10 0 ' ' ': . EOM Sawn Rao s ape oom s,or Pt Posta 00 MINVErS Opus la ta miNvit N.53 1,000.40 WOW &Tito*** .,_......._ - s• us pt 6,0,4i 1,,,,,scoixtaisipia, I F44146. .me,30 10 SID 0151111F../.,.:01 5105.01.705 n TIME. 11.-Miitt- P3130W Pt INOPP. .n.000 m De,ert.,..-c ID,in 23,475: 74 1. .15% 210.5 .7.310 1.52 132 1.5B,227 3 0 37'Et.uer.dcrt 07. ..4013 25.4. 7P.27.2 1E2 257. :SOS/ 56,744 , .-- 52,dr.., .. .0.e, an, a as, *MR 1.019 L.: 169 1102 2 39:Per0fame FE:i. . 2E5, 22353 2 12, 012% 25E 3E9 2. 317 ka....,..,.....,,,,eg... ___1,f., .1 1...;' 10 -,,,,,j 137 3,,, ,,,,,- 34.34% IC.00% IOC.. 292.3, =01.733 24.343 3,..43 ..,,,,,,,,,,,,..,„.„..„,,,,. ..,..,,,,,,,,..,,,,,,,,,, ,,,,,,[iv. ..... D.,.... ,. , CERTIFICATE HOLDER CANCELLATION 5.151312 WY OFT.22.121E052.1.0ELP32301E505 5 361 5.m215E10E0 T315 C.5221523.Et2T0 NRELOF NOIRE H.LL EH E0.2.54...m PLCHACANCENATIT.1.11.22 PSLA.A.0 4.1550.2010 ACCAL.CURF,FATICIN 02c.o.1131.e..3 AC00525 122141033 The AC ORD nay...lass II!ta,isteittl al.NIts sit AVARD 29 30 2 f E la n -z .A x OVe - a ` ' . ._ i , ,, x11} ;'4 �s x �: s } r:1,1•. ::<1 .3.v 4{ ^i y j INM ¢>I ;8 s y Q S t e Y 4, 1 T i i i - , g£ R t s S• • Y ,W 1 1 !..Fg'1, 14 1 illqi„Al ii . 1 i ,• (0▪ 2:11 47 n Iqi t is i;. $iv 1 it x i a l '" � � 8 1 %,d x§saask �a r x i } iii ni0“ #3 w a w di ! jII. ! g h �, ' 4 i3 ' sit i of "4 : 4" I- r $ . 1 . = z is i 1 lit i 3 V8t S'SMS _3718 a a° ,,;i1" 3 :1I 2 O'5.; 7:411 i 2 1 i ,41 4 CA', !z . r, t ..,! ffi A pgl RyJ. 11 -�� '. Q x d l Yi3V1 13 iri d W v' Iz irl35g I 20.„1iil i§ng 14! 1 1 1 1• 1 4 i�-- ; f A a. 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