HomeMy WebLinkAboutWastewater Service Agreement/UTILITIES/City and TriCo Regional Sewer Facility - 2nd Amendment1 Second Amendment to Wastewater Service Agreement
SECOND AMENDMENT TO
WASTEWATER SERVICE AGREEMENT
The City of Carmel, Indiana (“City”), by and through its Board of Public Works and
Safety, and TriCo Regional Sewer Utility, formerly known as the Clay Township Regional
Waste District (the “District”), by and through its Board of Trustees, enter into this Second
Amendment to Wastewater Service Agreement (the “Amendment”) as follows:
WHEREAS, on or about October 18, 2010, Carmel and the District entered into a
Wastewater Service Agreement (the “Agreement”) concerning Carmel’s treatment of
wastewater, liquid waste, and sewage from the District; and
WHEREAS, Carmel and the District entered into an Amendment to the Agreement on or
about March 12, 2012. This First Amendment and the original 2020 Agreement hereafter shall be
referred to collectively as the “Agreement”: and
WHEREAS, in accordance with the Agreement, the District owns and operates a
wastewater collection system (the “District’s Collection System”) serving throughout the
District’s territorial boundaries and transports a portion of the wastewater collected to Carmel for
treatment; and
WHEREAS, Carmel owns and operates a wastewater collection and treatment system
(the “Carmel System”) serving areas in and around the corporate limits of Carmel; and
WHEREAS, for the purposes of the treatment service provided by Carmel to the District
pursuant to the Agreement a portion of the District’s Collection System is connected to the
Carmel system; and
WHEREAS, subsequent to the parties entering into the Agreement, Carmel has
commenced construction of a facility’s upgrade and expansion. The upgrade was necessitated as
a part of the new NPDES permit issued to Carmel that became effective on December 1, 2018
By Jon Oberlander at 11:57 am, Jun 18, 2020
DocuSign Envelope ID: FCAE68C3-BEEB-4AB6-B20D-7326E4322747
2 Second Amendment to Wastewater Service Agreement
and required Carmel to make operational improvements to their facility. Carmel’s improvements
include phosphorous upgrades.
WHEREAS, Carmel has proposed that the cost of the phosphorous upgrades be shared
between Carmel, Citizens Westfield, and TriCo based upon the capacity allocation of Carmel’s
treatment facility; and
WHEREFORE, TriCo’s portion of the phosphorous upgrades in the total amount of
$3,249,000.00 is $714,780.00 based upon TriCo’s allocated plant capacity of 3.08 MGD at
Carmel’s 14 MGD facility.
WHEREAS, Carmel and the District have reached an agreement as to the payment from
the District to Carmel for the District’s share of the phosphorous upgrades. Now, the parties
agree as follows:
1. This Amendment does not alter or otherwise change the Agreement of the parties or
the First Amendment and except as otherwise set forth specifically herein all other
provisions of the Agreement and First Amendment remain in full force and effect.
2. TriCo’s share of the phosphorous upgrades are in the total amount of $714,780.00.
3. TriCo’s share shall be paid in monthly payments based upon Carmel’s twenty (20)
year loan term.
4. The monthly payments by TriCo to Carmel will be made as follows:
a. Monthly Debt Payment for 19 years $3,702
b. Debt Reserved Payment for 5 years $ 757
c. TriCo’s Monthly Share of Phosphorous $4,458
Removal Project Cost Years 1-5
d. Years 6-19 $3,708
DocuSign Envelope ID: FCAE68C3-BEEB-4AB6-B20D-7326E4322747
3 Second Amendment to Wastewater Service Agreement
5. Carmel agrees that any and all remaining costs and expenses for the upgrade
operational improvements capacity expansion and other project costs shall be the sole
responsibility of Carmel.
6. Once again, and as set forth in the Agreement, the District and Carmel agree that any
future anticipated construction work to be performed or contracted by Carmel with
Carmel’s expectation of participation by the District or reimbursement from the
District must be first approved in writing by the District prior to contracting for the
same and prior to construction.
7. This Amendment may be executed in several counterparts, each of which shall be
considered an original.
IN WITNESS WHEREOF, the District has caused this Amendment to be signed in its
name by the Board of Trustees and attested by the Secretary and Carmel has caused this
Amendment to the Wastewater Service Agreement to be signed in its name by its Board of
Public Works and Safety and attested by the Clerk of the City of Carmel.
AGREED to this ____ day of _____________, 2020.
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS AND SAFETY
_________________________________
____________, Presiding Officer
Date: ____________________________
_________________________________
____________, Member
Date: ____________________________
_________________________________
____________, Member
Date: ____________________________
ATTEST:
DocuSign Envelope ID: FCAE68C3-BEEB-4AB6-B20D-7326E4322747
James Brainard
Lori Watson
Mary Ann Burke
7/1/2020
7/1/2020
1st July
7/1/2020
DocuSign Envelope ID: FCAE68C3-BEEB-4AB6-B20D-7326E4322747