Tri-Municipal Contract 1991F018manam
THIS AGREEMENT, made this /6") '"day of 1991,
between the Town of Poughkeepsie and the Village of Wappingers
Falls T:RI-MUNICIPAL SEWER COMMISSION, a Commission formed
pursuant to Article 5G of the General Municipal Law of the
State of New York, which Commission has its office and
principal place of business located on Sheafe Road, Town of
Poughkeepsie, Dutchess County, New York, (hereinafter referred
to as the "Commission"), and THE TOWN OF WAPPINGER, aacting
for itself and for and on behalf of the WAPPINGER SEWER
TRANSMISSION/TREATMENT IMPROVEMENT, a municipal corporation of
the State of New York, with an office and principal place of
business located at 20 Middlebush Road, Town of Wappinger,
Dutchess County, New York (hereinafter referred to as the
"Town") ,
W I T N E S S E T 11 :
WHEREAS, the parties hereto have entered into a
Memorandum of Understanding executed by the commission on
July 18, 1989; and
WHEREAS, the parties hereto wish to amplify and detail
the said Memorandum of Understanding; and
WHEREAS, the Town is in the process of establishing a
sewer improvement area for the purpose of treating
approximately one million gallons per day of sewage generated
in said Township; and
WHEREAS, said Town wishes to have said sewage treated by
the Commission at its plant site located on. sheafe Road in the
Town of Poughkeepsie; and
WHEREAS, the parties are entering into this agreement
pursuant to Article 5G of the General Municipal Law.
NOW, THEREFORE, in consideration of the foregoing and
the mutual covenants and agreements hereinafter set forth, it
is agreed by the Commission and Town as follows:
STATUS OF PARTIES
I. THE COMMISSION. The Town of Poughkeepsie and the
Village of Wappingers Falls Currently are the joint owners
(through the Commission) of a sewage treatment facility
located adjacent to the Hudson River on 11.4+ acres of.land
immediately north. of Bowdoin Park commonly known as the
Tri-Municipal Wastewater Facility. The facility presently has
the capabilities of treating 1.4 million gallons of sewage per
day. The facility treats sewage emanating from the Village of
Wappingers Falls and the Town of Poughkeepsie pursuant to a
NYSDEC Discharge Permit. The commission is presently
considering expanding its service to treat additional sewage
:from the Town of Poughkeepsie and is develop.ing__.a Draft
Environmental impact Statement for said purposes.
II. THE TOWN. The Town of Wappinger has been advised
by its engineers that a sewer trunk line can properly be
constructed so as to connect existing sewer lines and laterals
in the Town to reach and connect to the Tri-Municipal
Wastewater Facility.
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III. PROJECT. The Town, by executing this Agreement,
intends to discharge a maximum of one million gallons per day
of sewage originating in the Town :for treatment at the
Tri-Municipal Wastewater Facility. The Tri-Municipal
Wastewater Facility will be expanded so as to accommodate the
one million gallons of sewage per day generated in the Town.
All costs of the expansion of the Tri-Municipal Wastewater
Facility to accommodate the Town, .including all design work,
environmental reviews and related work, shall be paid for by
the Town -to -the Commission pursuant to terms hereinafter set
forth. The Town has the right to contract with Tri-Municipal
to treat up to an additional three million -gallons of sewage
per day. The conditions and terms of the treatment of said
additional three (3) million gallons and the method of payment
thereof is :.yet forth in Paragraph XVI herein.
IV. CONSULTANT'S. The Commission may use professional
consultants to properly implement all environmental studies,
preliminary designs, final designs, construction and start up
of the appropriate .facilities for 'the expansion of the
Tri-Municipal Wastewater Facility to accommodate the one
million gallons of sewage originating from the Town of
Wappinger. All consultants shall be the contractors of the
Commission.
V. TOWN PARTICIPATION WITH THE COMMISSION. The
Commission agrees:
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A. The Town Board of the Town of Wappinger may
designate, by resolution, two liaison representatives to the
Commission. These representatives shall be appointed for
two --year terms.
B. The Town of Wappinger representatives shall not
be members of the Commission, shall have no vote, but they
shall have the following rights:
1. To participate in all meetings of the
Commission without the necessity of a suspension of the rules;
2. To participate in all Executive Sessions of
the Commission except Executive Sessions which may be called
concerning negotiations or disputes with the Town of
Wappinger;
3. To receive all Calls of meetings, regular or
special, together with the agenda package and external
correspondence in the same manner as they are provided to
regular members of the Commission;
4. Access to all internal correspondence,
except internal correspondence relating to negotiations or
disputes with the Town of Wappinger, at the Tri-Municipal
Wastewater Facility at a specific, secure location maintained
for that purpose.
5. Access to all vouchers, financial
information and records of the commission during regular
business hours at their regularly maintained situs, except
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records related to negotiations or disputes with the Town.
C. In the event the Commission allows voting rights
to other municipalities or to any other third --party customers,
the Town shall be allowed the same or similar voting rights
under the same or similar terms and conditions as may then be
provided.
VT. REPRESENTATIONS.
A. The Commission represents to the Town:
1. The Tri-Municipal. Wastewater Treatment
Facility has all necessary permits from regulatory agencies
having jurisdiction thereof to treat 1.4 million gallons of
sewage daily and that -the Plant is presently operating within
the parameters set forth in said permits.
2. It will use its best efforts to accomplish
all the necessary environmental studies, preliminary designs,
final designs, permit applications, construction and start up
of the necessary facilities to accommodate the additional_
sewage from the Town, so as to enable the Town to meet the
timetable attached as Exhibit "A".
B. The Town represents to the Commission:
1. The Town will use its best efforts to
expeditiously form the required sewer district or sewer
Improvement necessary to fund and construct the improvements
required to transport the sewage from the Town of Wappinger to
the Tri-Municipal Collection and Treatment system and fund the
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necessary expansion of the Plant to treat the sewage so
generated, including the prompt submittals of all requisite
applications to the New York State ❑epartment of Audit and
Control, or any other State or Federal regulatar.y.agency whose
permission or consent is required to accomplish the purposes
of this Agreement.
2. The Town will make payments to the
commission for all costs for the expansion related to the
project in accordance with paragraphs "1X" and "XIT" below.
3. The Town will proceed as expeditiously as
possible to undertake and perform its own environmental impact
statement and other studies with respect to the design and
construction of the facilities to be constructed in the Town
and formation of the appropriate improvement..
4. The Town will, upon receiving requisite
approvals, construct the necessary trunk lines, collection
lines, pumps and accessories in accordance with the snap plan
and report prepared by Paggi & Martin, Engineers to the Town,
a copy of which is affixed hereto, marked and designated
Exhibit "B".
5. The Town understands that the commission
will adopt uniform rules and regulations governing the
operation, maintenance, and type of pre-treatment required as
well as rules and regulations with respect to in --flow and
infiltration which will affect all sewage systems,
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transmission facilities, and collection facilities that
transmit sewage to its sewage treatment facilities. The Town
hereby agrees that collection facilities and transmission
facilities that are located in the Town, which eventually
transmit or deposit sewage to the Ta:i--Municipal facilities,
will be subject to the rules and regulations of the Commission.
G. The Town will adopt a sewer use ordinance, a
user charge system, and a pre --treatment program in
substantially the same form as are in existence in the Town of
Poughkeepsie and the Village of Wappingers Falls, so as to
insure that any sewage generated in the Town of Wappinger to
be treated at the Tri-Municipal Sewage Treatment Plant shall
comply in all respects with the SPDES permit requirements of
the New York State Department of Envaroiimental Conservation
(NYSDEC) and the United States Environmental Protection Act
(USEPA) or any agency having jurisdiction thereof. The sewer
use ordinance, a user charge system, and a pre-treatment
program shall be in effect prior to the final design of the -
facilities to be constructed by the Commission. The adoption
of any ordinances or local laws implementing the sewer use
ordinance, user charge system and pre-treatment programs shall
be subject to the approval of the Commission's attorneys, and
the same shall be deemed a condition precedent to the
preparation of the final design documents by the Commission.
The Town agrees to amend, from time to time hereafter, its
sewer use ordinance, user charge system and pre-treatment
program to Comply with amendments or changes in the laws,
rules or regulations promulgated by any agency having
jurisdiction thereof.
7. The Town shall pay all costs incurred by the
Commission, including fines or penalties, incurred as a result
of discharges into the commission's Wastewater Treatment
Facility at the Town's Point of Entry which violates its sewer
use ordinance or existing laws, rules and regulations. such
costs shall be paid by the Town within sixty (60) days of the
incurment of the expense by 'the commission, and upon
presentation of a bill for same, properly documented. With
respect to dumping of contravening wastes or wastewater, the
cost thereof shall be paid in accordance with the common
policy adopted by the commission applicable -to all users
uniformly in existence at the time of the dumping.
VII. POINT OF ENTRY. The Town shall deliver sewage to
the Village of Wappingers Falls pump station as set forth on
the map plan and report attached as Exhibit: "S". The
commission, in turn, will transmit the sewage delivered by the
Town to the existing sewage treatment facility. All expanded
facilities from point of entry shall become and remain the
property of either the Village of Wappingers Falls (if located
in the Village), or of the commission members (if located on
the treatment plant site). The facilities to be constructed
and/or expanded to accommodate the Town are enumerated in the
map plan and report prepared by Hayward and Pakan - Rudolph
E. Lapar, P.E., P.C. attached hereto and designated Exhibit
"C". (See pages to ). in particular, those
facilities that are to be, constructed to accommodate the Town
of Wappinger are shown on pages 5--7 of said report and are
appropriately outlined and identified by shading (e.g. the
settling tanks).
VIII. A. TESTING SEWAGE. All testing and/or sampling
of the Town's sewage for compliance with the sewer use
ordinances or other regulations shall be made at the Point of
Entry above mentioned. The testing shall be made by the
Commission's engineers and their decision shall be binding on
the parties to the extent of the due and timely payment of any
surcharges occasioned for such non-compliance.
B. ENI'oRCEMENT. The Town shall enforce its sewer
use ordinances and pre-treatment program. WherieVer the .['own
fails to properly enforce its sewer use ordinance or existing
laws, rules and regulations, the Commission shall have the
right to enforce same by proceedings at law, or in equity,
against any individual lot owner, person or persons violating
or attempting to violate said sewer use ordinance or
pre --treatment program. The commission shall have the further
right to compel the Town to enforce its sewer use ordinance or
existing laws, rules or regulations by proceedings at law or
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in equity so as to enjoin and compel the Town to enforce said
sewer use ordinance or pre-treatment program. Any costs
incurred by the Commission pursuant to this paragraph shall be
reimbursed to the Commission by the Town and are payable
within thirty (30) days.
C . CI-IALL,ENGE TO FI] DINGS . The Town shall have the
right to contest the findings of the Commission's engineers,
or the methodology used by them in determining compliance with
the sewer use ordinance or existing laws, rules or regulations
by appropriate application to the supreme Court, Dutchess
County, New York, provided, however, that pending the
determination by the Supreme Court, any payments due by the
Town will be due and tamely made and any adjustment in said
payments will be made by agreement or pursuant to the
resolution of the dispute by the Court.
IX. PAYMENT F OR WAPPINGEI2 3?,XPANS ION . The Town shall
pay for all costs associated with the facilities to be
provided as follows:
A. Preliminary Desi az Work. The payment plan for
the planning and design phase is set forth on the attached
Exhibit I'D". The Town will make the necessary deposits as set
forth in Exhibit I'D" so as to ensure that all costs will be
paid on a due and timely basis.
B. Final Design. Once the project reaches the
final design stage, the Commission will then submit an
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estimate of costs to the Town so that said funds can be made
available to pay for the cost of the final design. Prior to
the commencement of the final design phase, the Commission
will furnish to the Town a payment schedule which will require
that the Town make payments on a quarterly basis in advance.
The funds will be deposited in a separate account, maintained
and administered by the Commission. Upon completion of the
final design, any shortages or overages will either be paid
for by or credited .to the Town prior to notification to
contractors for bid. (See Appendix D1)
C. Right to Veto Bids. The Town retains the right
to reject all bids in its sole discretion within thirty (30)
days of receipt. In the event the Town exercises its right to
reject the bids, the Town can then require advertisement for
new bids at its expense.
D. Construction Phase:
(1) Upon completion of and payment for the final
design, and all necessary costs, the Commission will notify
the Town regarding the total estimated costs of the expansion
contemplated. Prior to the award of bids, the Town shall
deliver to the Commission the funds so required. The
Commission shall deposit the funds in a separate account and
administer and maintain the same in accordance with Section
165 of 'the Local Finance Law to be used in furtherance of
payment of all costs of construction. This account shall be
known as the Construction Account.
(2) The Town shall tZavc: the option of financi.119 EM or
pant of the cost- of const.i ucti.can through use of the: Novi York State
Revolving Loan Fund. it is understood that should this Option be -
Utilized by the Town, separate borrowing w.t 11 be 011aplayed to pay
the: cost, of construction for the plant expansion. If the `Gown
;e bets this opt'.i.orl, con9t,ruction progress paymenl;s wi].1 be made by
t:ho Flew York State Environmental Facilities CorpOrati" (FEFC) to
t:hc C'omraiert.ion. The Town acjt°eeS to execute necellsary agreomcnth
wj.th t3je appropriate atrai~e agonci.es to achieve the above and the=
Commission it will comply with the: regulations of RVC ill
affect, during the construction phase.
a, it is agreed that any difference between t~ho
estimated total constrilction cost, and tile almount to be
bor rowod through the revolving loan fund will bt:
deposited by the Town with the Commis£aiOn prior to the
award of corrst:r.•ucti.on contracts, ar, per Paragraph YX
D(I.) .
These funds will. be depositor) in the Construction
Account:.
b. if progress Payments are not r0c0ivad by the
Commission from the: State Revolving Loan F►.lnd, FED"C or
frora the Town, as the case may be, Within :30 days of the
filing of 3 request .for payment, the Commiasion may
invade and use: the funds parr depo.;it in the SP00i01 "'Costa
of Existing Itacili.tics Account", established pur6l., to
paragraph ?Ci c)f t,Yais agLretmertt, to make �arogross paymants
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to its c,ontractovs on a timely WSW.
0. If funds in the: Cost, of Existing Facilities
Account are invaded and used by the Commission b0cau yn Of
A failure by EFC to timely forward the progrnsst payments,
reimbursement of the cost of Existing FaOi.liti.es
Account, including interest lost, if any, shall be made
by the Commission as soon as it receiver, funds from
EEC for the monthly progress payment: in question.
(3) If deficits occur in the Construction Account, for
any roason whatsoever, the Commi Ssi.aln may immediately .invade lnd
use the funds on depasi.t in the Casty of Existing Faci.l.i: lis account
to make the Construction Account whole. Sf this eventuality Occurs
and the maxiYlom amount authorized to be expended, as approved in
the Order establishing the Wappingex sewer. Transmission/Treatment
Impvovemont (The order) , has not, tactually been expended, than the
Town shah. Immediately take all steps reasonable and necessary to
tran,�,fr, raise, appropriate or borrow by the issuanoe of bond
anticipation notes or other obligations such funds as are noc:essary
to fully reimburse the Coat Of Existing Facilities Account,
including interest last, if any. The Town agrees to take these
steps, as expeditiously as possible, and with clue diligence whether
or not: the amounts appropriated, expanded and/or borrowed by it to
reimburse the Cost: of Existing Facilities Accounts affect other
budgeted accounts or other zppropriati".
(st) If a deficit occurs in the Construction Account, Or
any reason whatsoever, the CommiusiOn May immediately invade and
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zrr;e tile funtifs on doposit in the Cost of ExistiT19 izacilities Account
to reimburse and make the Construction Account whole. if t•hiS
eve;rjt"ala.k:}( occurs all(i the maximum a]nolklat authorized to ba
expr+ndod, as ipproved in the order. establishing t:tae Wappi►nger Sewer
Transmission/Treatment Tinpr±ovement, has been expended, then the
Towra shall take all. r.;t,c3pr r.n�ascnabla and nececsrary to transi'e3r,
raise, appr.opriate or J)orrow the funds nec ef3sary to reiriil)t.rrse tho
Cost; of Existing Facilities Account at the soonest posal.ble t;i.mtr.
'I'iie;se steps shall includo, but not necessarily be li.ntiit ed 1:0 tine
Authorivat;iara of additiarlal expenditures and/or the maxin(j of
ze�uiea.te xnci.nc}s, aft.er publ.ir Ile,rinr}, and oi�ttsi.nin�� �apiarovrilE3
front t. ►e� comptroller a l 7 ex of the State of zlew York, as authorized in
Subdi.visiorl 5 of section 2e9-q of the Town Law.
(5) As the work progresses, claarac}e orders or changos in
t:ho work rttay become neccflaary which would necessitAts an increase,
decrease, or c:h,1rlge ita .he tot<t1 cast of const.taction or the
ciurati,on therceaf • Decisiolls wit:tt rospect to changes orderer and
necessary changes in the constrfiction contr lcts shall be made by
the Co,,nmissj,on and shall be: binding on the TOW). payment for
chtirac}e orders or tnc:re:asa�• i.n the cost of c.anntr�rGtiolt :shall be
vale immociiately So. as rant: to r;ubject tl-ao ccrmrjtisnion to any chargcss
for ittt:erost and/or late payment. It is upaderstoo(I thcIt, tho
i.nereaSed cost d+so to change orders, Changes in the work ox• e~Yaanr, er,
an the cost of carastz tsct iron shall be paid by the `f'owrl forthwith,
sicatwitys: tandzn(ttic f.'act that, ttic� State Revolving Loan �utacl might"
),rot: iazeve participated and/or ai)provad the cAiaanger"
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a. The descision of the CommiSf;iOn Witt) respc:t~t-, to any
change orders or increases in costs shall be binding on
the Town with r; espoct to the amount thereof.
b. The Town agrees to transfer any and all funds which
may be necessary to pay for changes within ten days of
receiving notico, in wa7iri ng, feom the GomMi,ssian that -
such funds are required,
c11, if t17is payluetIt is not: timely made trljen & de:fi,cit in
the conntruc.trion Account shall exist, which 531a1.1 be
raimbursed by the Town as faere.in provided.
ti. if the Town cider not have funds available, the Town
agrees to procesad With tine diligence to obtain the
necessary funds by way of borrowing or otherwise.
(b) Irt the aueantim(,, frailir7c� timely payment;, the Town
authorizez3 the COM'Alission to immediately invade and make use of the
funds on deposit, in UIL' uCost of Existing Facilities Acc:ount,'l
E;strrbl itilrc tl purauat�t t o Isar cigraph Xl hereof, to make the
Cori 5t.rl.rct101.1 Ac;cotint wl)c>le. The Town agrCO$ that in such event it
will reimburse such account, including intOrost~ 108t—, if any, at
tile soonest possible time, as herein Sets forth
(1 ) it is understood and agreed by the Town that it Wi.l.l.
,,lake lap ally cii.ft:el-encos required ill final paynent at the dine of
fir)al payment and acceptance of the work. The Commisr;ion agrees
to advise till Town of ar)y deficit which may occur so that the Towrl
will bo fully apiazised of the possibility of exceeding the maximum
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nmounL authorized to be e)cpended r)y "'!ie order-, The ToWrl r*hall t.akr'
all Stops, reasonable and neceasAN for it to transf0v, 2 ai.se,
appropriate and/or borrow the funds to t OOt itq obligations under
this agvee:ment.
(2) A review of costa will Occur at: least At the
following intervalat
A. When 25% of the work required to coMplet:e the
project is Accomplished;
D. When 5of of they work reyuirod to =plezte the
project is accomplished; and
C. When 75% of tho work required to camPlOte the
project; is accomplished.
(3) At ouch i"torvals, the Commission will rc-est:i.mate
the total cost of performing the work and will so advise the Town,
In the event:. there is a projected deficit in the max9.rni.am amount
authorized to be expended by The order, the Town agrees to take all.
utopa reilsonable and necessary to transfer, raise, appraPKat:e or
))or ow the funds nece;.awary to make up the projected deficit at the
sooncot: possible time. The Town shall pay over to the CommMion
an amount, sufficient to meet: the projected deficit within 30 clays
of writton notice of the projected deficit. TWO funds shall be
depositOd in the Construction Account..
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(.4) in the event sucta payment is not timely tnadej the
projac;ted deficit shall he deemed to be a currant deficit 1,11 tha
Construction Account, and Lyle coliunission shall be amt:llar,iZOO,
wa.thout. furthernoti.co too the Town, to invade and use funds an
deposit- ilt the Cost. of rxisting Facilities ACCOUnt fio xeimbtxr�se and
mako the Constx'urt:ion 11CCOUnt, whole.
(5) The purpose: of this procedure if, so that the mown
will receive proper notice of :any potential for a deficit In the
lnaxill)um amount; autt►orized to be expended in The plyder, itt
sufficient: t 1jile to authorize additional expenditures and/or to
ma)sr�, requi,c:ito findings, after public hearinq, and to obtain
rYecessaz'y approvals from the c:omptlrna.ler of the 'Jt,'at e of New York,
if, �aa and when necessary to increase the maximurir amount authorized
to bo expended pursuarot to the provisions of 5uk�d1vi.-si.an 5 of
Sootioll tog- q of the Town Law,
a. it is undorst ood and agrced that said et- t"tnat<eal
when qi.ven by the Commissicn, shall incltlde a5%
c0xtta.zlgc3licy for liens and judgments, alld intercFlt Lost,
if any, because: of the use of funds front the "Costs Of
E%lating pacilit;ies Account."
(6) it ira further and agreed that any surpl.t.ls
funds remaining in the. construction Account: after project
colt1plet:i.on, Town hook-up and final payment to the construction
cront:ractors, inclrlding interest: di.r•ectal.y attributable tO suc:h
r;tar.pJus funde�, s11al.l be appropriately creclite�l anti reimbursed to
the 'fawn, provided there aVe no claims filed by any Of the
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contractors or third parties. Reimbursement to the Town will not
k)e made ff.' fIrry r. f the cgpt yact,or.:s fail to sign a rojeana upon
t under of final payment; in such event, the roimr:ursement of the
Town will be not be due and payable until any and all HAMS, liens
or similar actions have been finally settalOd or dOtermined.
X. !NA. XESI All litigation or administrative proocedi.ng€s on
account of the expansion will he prosecuted or dofended by the:
Commission at the Town's expense. No compromise or settlements will
rye made without the Town's consent~. Any awards rMul,t:i.ng than. t"I
will accrue to the parties as their interest way appear. The. Town
understands that it will be liable for any payments credited to the
contract;orn' account: and will make payment to the Comm851.on within
one (1) month.
X1 .
is understood and agreed by the portie s that
some of the existing facilities awned by the Commission members
will be uood for., or in furtherance of, the treatment; of the sewage
to be venerated by the Town. The parties understand and agree that
the proportionate cost- of the existing facile. W shall be borne by
the Town on the basis of its dosign flow of one million gallons of
sewage per day. This volume of sewage from the Town result: in a
current estimated proportionate cost to the mown of $1,571,957.00.
These designated costs have been generated by the accountants for
1S
the Comini.fasiOn and d1 r� it:cmized ar7rl identified in Fxhibit "E"
attached he.ret-o. ThWSC designated costs include all costs of the
facilities presently known to t1le Commission, less State and
Fedor, -Al aid. Payment for the existing facilities shall be made
1Jithitj 120 days of tite t-;i.gning of t.hica Agreement,
(2) The funds received
for this pUrP080 will be
dcp0sit oci irti u separate ac,CQr.tnt, admik7istered by the Commi.ssi.an,
to bo know11 as the ,Co,,,t of Lxisting p'ac.iliti.es Account." The
Commission is hereby granted t hO authority to invade tend mako use
of the funds on deposit i.al this account for the purposee set forth
i.rl paaracjraph lX (D) abovoa, subject only to the provisions th0"of
without arly further consent of the Town.
(3) Upont.1lc cotnplet:ion of Mlle construction contracts or
tile irrt;tc�dttct:ic�n of: the Townts sewage to the treatment facility,
whicflzever occurs first, the total cast oe existing farilitios dice
to t ltc' ommit'f;icrn shall be paid over to it. The Partiesagr0e that
any interest: earned orl the final �rtnourtt paid over to t:hO COmrn#.ssi.011
Will bo110fi.t all(, accrvle to the co)nmission.
(4) Any interest lost by reason of the invasion of the
"Cost of Existing FacilitiE�s Account" shall be the obligation of
tend be repaid by the Town. if, , after t.ile cz ed itillg the total
41mounk: of intor(`e,t dire to tTj� commission, there is a deficit ire tixe
principal amount due for arly reason w}rrntso(;ver, including but; not:
t.inrit:ed to the, us0 of: funds d posited in the Cost of Existing
k'acsil.i.tios Account to make up deficits in the progress p,Ayjaents, to
pay for change ay or to pay fox increases it-) the cast of
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i I t Cl h i l 1
construction, or k�ecau e Of are in Cre,ase int~h� �moun� d�ae foL,
existing facilities as a result of the finalauditAndclose Out
procedures of the New York State Department of LrrWia.011mOrItai
Conservati011 and/or the United Mates L;nVJ,roj,,mental ProteOtian
elloy the ToW11 will immncliatel.y make Lip Said ilef i.c'ts by tho
payment of noconsary� bums to the Commission.
(5) In the event that the total p
ru ect post excczecls t;l'te
nraximum amaunt proposed to be expended, as apl)r,oved in The orde> ,
the Town and agree it wi.�l ex>nditiousy t�ak� All
steps reasonable and ne.cebsary, krlo.lucta.r�c} but not,r1cc�:erERar'i.l.y
lirai.ted to f those steps specit Ted by and ill Sacti"
subdivi.si.ork 5 of the Taw11 Law of the Sta"(-� of New York to
the funds. necessary for it to meet its ol.)li.gations uncles this
ayxeomer►t. If 'tyre Town (letermines that it wills")s")} to 1'ai r'o trtiese
funds by Cite issuar}ce cif bonds, notes, "rti.f'ieate or rather:'
evidences of irrdebtedrte�s that it will ��xraxcis,� ciiikg�irtCe ire m�yking
application to the state con►pt,rctller for in carclex appravirrc� �sn
increase in the maximum amount: proposed to be ► XP0DdPd for tWlxi.s
sewer improvement..
(G) If far reasons beyottct thy; Control Of the Town It is
"sable to legally raise, appropriate or borrow the tiurrd necca;:aary
Lire Costs aC
to macs
t: itta obligatriorr to make i xit:.ig l ficil.ities
Account whole, including interest, the Town agrees than it- ariiival
operation and Mctir�tenancePayrnents to tlir Cc�rxtimissic�rt F�ht�il blr
increased to, provide a means for the COmrni_ssion and i.ts ct�r'rr3t.it'.raont
municipalities to recover the value of the capital .improvement S to
20
the extent of the t"1 deficit in the Cost of rxisting Paci..l.it hu
Account. This increase in the Operation and Maint•e.rti-anee p,symOnts
shall he a basic payment dotermined by dividing the toW deficit
by twenty plus an amount, computed annually, which is equal to 6,81
of t.1le total deficit less previous basic payments,
A. It is und(. xI,stood by UK, Parties
that once thO 0xps•ns1-on called i:or.- herein is complete, the Town
shall b(: reimbursed for payments on .accaunt~ Of it,;coa1tr.'.ibu#;iorl
toward the Crest: of Existing Facilities Shavid new users make use Or
the expanded facilities. The amount of such reimbursement imbursement will bo
proportioned based on NOW, but in no event wili it; exce" the
actval principal payment: for the Coat of Existing Facilities paid
by the ToWn. The computation of said future buy -in shall be wade
by the Commission, by use of the formulae and accounting syntem
used in the preparation of Exhibit "E", attached.
J. in the event that lire '1,Ovik1 is making paxmWnts
toward the recovery of capital pur auAnt to paragraph X1
(6) , any payments clue to it for said future buy -in shall
be credited, as a Pre -Payment, against the total aa7ount.
due 1: xom the Town.
B. _ o nnnal gn 0 ,00'sts_ The parties Worstand that: t ho
not cost of existing facilities is based Ltpon total project costs,
less state and Federal aid, The parties further under.staPd that'..
curtain change, orders are presently being processed that night,
affect the not cost of the facilities in Wst..i.on. kurllaexmr��rcn,
the parties understand that the costs of construction
have not been finally audited by the Federal and
21
State Governments. These final audits and final decisions on
the Change Orders may affect the net cost of the facilities.
It is understood by the parties that, the figure presently
being used may vary based on the results of the audits, change
orders or changes in -the facility. Any net increase or
decrease will correspondingly affect the amount of monies
which the Town must contribute to purchase its proportionate
share of the existing treatment facilities. The parties
agree and understand that any net increase or decrease shall
be adjusted accordingly.
C. Proportionate Increase. The one million gallons
per day of Mow from the Town is being used as the basis of
reservation of treatment capacity in the expanded wastewater
treatment facility (see Exhibit "C"). should the actual
volume of flow be in excess of one million gallons per day,
(based on average daily flow, on a monthly basis for a period
of three (3) consecutive months), it is understood that the
payments called for herein will increase. Payment for the
unspecified proportionate share shall be made within six (6)
months of the determination. Furthermore, any new
improvements required because of said excessive volume of flow
will be paid for totally by the Town and remain the property
of either the Commission members or the Village based on the
physical location thereof.
D. Designated Area. The increase in the facilities
- 22 -_
contemplated herein is as set forth in the map plan and report
prepared by the Town of Wappinger and referred to herein as
Exhibit "B". The Town understands that flow from any other
portions of the Town or from an area outside of the Town will
not be accepted without the consent of the commission.
XII. OPERATION AND MAINTENANCE.
A. computation. The cost of operating and
maintaining the Tri-Municipal Wastewater Treatment Facility
shall be paid for by the Town of Wappinger based on the actual
flow from the Town's facilities metered at'the Town's point of
entry. The parties agree that the term "daily flow" means an
average daily flow calculated for a period'of one month. it
is understood that once the facilities are connected, the
flow, to a maximum of one million gallons per day generated by
the Town of Wappinger, will not be diverted to a different
facility, provided neither party is in breach of the
agreement. The method of computing the cost of treatment of
the sewage will be the same method as used to charge the
Village of Wappingers Falls and -the Town of Poughkeepsie. It
is understood, however, that the cost of treatment will remain
the same, provided that the flow does not exceed one million
gallons per day. Should the flow from the Town exceed the one
million gallon a day rate for a period of three (3)
consecutive months or for four (4) out of five (5) months,
then any additional costs incurred by the commission in ways
l
of cost of operation and maintenance or fines and penalties
shall be borne totally by the Town. Measurements thereof
shall be made by the engineers for the commission and shall be
binding on the Town. Payment therefor shall be made within
six (6) months of the incurrment of the said additional costs.
B. Surcharge:. Any excess above one million gallons
per day by the Town will be subject to a surcharge, which
surcharge will. be imposed immediately and payable when the
next quarterly payment is due. Surcharge will be in the
amount of 2.5 times the cost of operation and maintenance for
the volume of sewage which exceeds the one million gallon a
day rate.
C. Expansion Tric�rer. The parties understand that
once the flow from the Town of Wappinger reaches 850 of the
design flow of one million gallons per day, that the Town of
Wappinger will immediately commence a study of the flow
initiated from the Town being treated by the commission. Said
engineering study will be such that it can be used to
determine additional expansion of the treatment --facilities
required. Should the Town fail to initiate said study for a
period of thirty (30) days after notification, it is
understood that the commission will then direct its engineers
to perform said studies on behalf of the Town and that the
cost thereof shall be borne by the Town. Notwithstanding
anything herein contained to the contrary, it is understood
- 24. -
that should the flow from the Town of Wappinger exceed one
million gallons per day for three (3) consecutive months, or
,four (4) out of five (5) consecutive months, whichever occurs
first, such condition is accepted by both parties as requiring
immediate initiation of the design and implementation of
expanded sewage treatment facilities. The casts of such
additional expansion due to Town flow shall be paid by the
Town of Wappinger to the Tri--Municipal Sewer Commission in
equal monthly increments equalling the estimated cost of such
added expansion between the date that this agreement is
automatically invoked and the date that such added expansion
is installed and capable of successfully treating the sewage
as represented.
D. Pa ment of Increased Costs SurChar e-,and
Expansion Costs. The parties agreae that should there be a
dispute of whatever nature with respect to the payments called
for herein, said payments will be made in a timely manner.
The parties agree that the decision as to excess flow shall be
made by the engineers to the Commission and their decision
shall be final as to all payments. The parties further
understand and agree that the cost of operating the facilities
above their design capabilities cannot be accurately
determined. Consequently, both parties agree that the amount
of the surcharge is fair and equitable inasmuch as the actual
cost of operating the facilities above and beyond its design
e
capacity is difficult to determine, and the To,n,m hereby
expressly waives whatever rights it may have with respect to
contesting the surcharge rate. if the Town wishes to dispute
the determination of excess flow, the Town shall have the
right to make appropriate application to the Supreme Court,
Dutchess County, New York. HOWEVER, IT IS DISTINCTLY
UNDERSTOOD THAT ANY PAYMENTS WILL BE TIMELY PAID, AND ANY
,ADJUSTMENT WILL BE MADE BY AGREEMENT OR PURSUANT TO THE
RESOLUTION OF TIIE DISPUTE MADE BY TIME COURT.
XIII. OWNERSHIP OF FACILITIES. The part. -Les understand
that all additions, expansions, modifications, and new
construction performed pursuant to this agreement from the
point of entry northward shall be owned by the Commission
members. The only exception shall be new facilities or
expanded facilities constructed on property or easements not
owned by the Commission, -the Town of Poughkeepsie or the
Village of Wappinger Falls.
XIV. TERMS OF AGREEMENT. This Agreement shall continue
in force until such time a� the bonds issued by the Town for
the existing facilities and new construction shall have been
fully paid. The Agreement shall continue thereafter until
further agreement of all parties hereto and can only be
modified by the unanimous consent of all the parties.
XV. METHOD OF PAYMENT FOR OPERATION AND MAINTENANCE
COSTS. The method of payment for Operation and Maintenance
26
costs shall be the same as in affect or as determined in the
future by the Commission. The method and payment rate to be
charged to the Town shall be the same as that charged to 'the
Town of Poughkeepsie and the Village of Wappingers Falls,
subject to other terms of this Agreement. The cost of
operating and maintaining all facilities shall be paid for by
the Town based on a percentage of flow. Theamount of payment
and the method of payment shall be computed by the Commission.
Should there be any disagreement with respect to the amount of
payment, it is understood that the Town will nevertheless make
the payments called for on time with the understanding that
the same can be contested by application to the Supreme Court
of Dutchess County at a subsequent date. However, the initial
payment for operation and maintenance by the Town shall be
made in advance based on estimated flow. This arrangement is
necessary so that the Commission might have in hand funds to
defray the initial cost of treating the Town's sewage. This
amount shall be paid prior to admitting the Town of
Wappinger's flow to the treatment facilities.
XVI. RESERVATION OF ADDITIONAL FLOW FOR TOWN OF
WAPPINGER. The Town of Wappinger is hereby given the right to
contract for an additional three (3) million gallons per day
of sewage at the present site upon terms set forth herein. It
is understood, that as of the date of this agreement, the
Commission has reserved unto its present members the right to
- 27 -
treat approximately 4.5 million gallons a day of flow at the
plant site utilizing the basic aeration process. Included in
said 4.5 million gallons of reserve pursuant to the basic
aeration process is the one million gallons per day of flow
for the Town of Wappinger which is the subject of this
contract. if the Town of Wappinger wishes to exercise its
right to contract for the treatment of the additional three
(3) million gallons a day of sewage, the Town will be liable
for all additional costs incurred by the Commission for plant
process conversion necessitated by the plant expansion. The
Commission shall determine and shall have the exclusive right
to determine when the site will be able to -treat the last
three (3) million gallons of sewage. The Commission shall
then notify said Town that it must exercise its right to
negotiate for said additional three (3) million gallons of
flow. The right to use said three (3) million gallons shall
be exercised by the Town within eighteen (18) months of
written notification by the Commission, it being understood
that the amount of flow added will determine the cost of the
existing facilities, which cost shall be based on the same
formula which is contained hereinabove, and which shall be
paid for by the Town of Wappinger. The cost of Operation and
Maintenance for the additional flow shall be at a rate which
is uniform to all parties and the amount of payment will be
based on a proportion of the total. flow.
- 2 b -
XVII. FUTURE CAPITAL EXPENSES. Capital expenses or
modifications which shall be required in the future to either
the treatment plant or any of its facilities shall be paid for
by all of the contributors to the treatment facilities based
proportionately on the actual flow at the time that the
modifications or expenses are mandated. The Town understands
that the Commission, in its operation, will establish a budget
process for reserves, contingencies and future capital
expenses.
XVIII. THE KLEBE LAWSUIT. It is understood by the
parties that any damages or any modifications which may be
required as a result of the Klebe lawsuit or any other lawsuit
shall be borne by the parties in proportion to the amount of
flow having been contracted for by the parties hereto.
However, the Town will not be responsible for any damages
awarded to the Klebe's which were incurred prior to November
14, 1988. The cost of the defense of the lawsuit or all other
lawsuits shall be borne proportionately by the parties.
IXX. TERMINATION.
A. Termination by__the Commission. This agreement
may be terminated by the Commission prior to commencement
of construction as follows:
1. Failure by the Town to make due and timely
payments to the Commission for a period of thirty (30) days
after written demand delivered to Town;
- 29 -
2. Failure by the Town to enact a sewer use
ordinance, user charge system or pre-treatment program
acceptable to the attorney for the Commission prior to the
commencement of the final design after written demand therefor
has been served upon the Town;
3. Failure by 'the Town to proceed with the
formation of its sewer improvement area and related
environmental studies;
4. failure by the Town to authorize the award
of bids for construction for a period of thirty (30) days;
5. Upon written notice to the Town by the
Commission, the Town shall have thirty (30) days within which
to cure any such default;
G. The Town's failure to cure said default will
result in termination of the agreement.
Upon termination by the Commission of the agreement,
it is understood that all sums due to the Commission for all
work performed will become immediately due and payable. Upon
payment thereof, neither party will have claim against the
other and all rights that accrued to the Town by the execution
of this agreement shall immediately terminate and end.
B. Termination by the Town. This agreement can be
terminated by the Town only as follows:
1. The Town may terminate this agreement at any
time prior to the award of bids on thirty (30) days written
-- 30 --
notice.
2. Upon termination by the Town as aforesaid,
the Town must then pay all outstanding expenses incurred by
the Commission on its behalf which sums shall become
immediately due and payable. Upon payment thereof, neither
party will have claim against the other and all rights that
have accrued to the Town by the execution of this agreement
shall immediately terminate and end.
IT IS DISTINCTLY UNDERSTOOD THAT THE TOWN CANNOT
TERMINATE SUBSEQUENT TO TI-TE DATE OF THE BIDS FOR CONSTRUCTION
BEING AWARDED.
XX. SETTLEMENT OF DISPUTES. Any disputes between the
parties hereto arising out of the application, interpretation
or implementation of this Agreement shall be submitted for
declaratory judgment to the Supreme Court of the Dutchess
County.
XXI. EXECUTION OF AGREEMENT. This agreement is being
executed by the parties pursuant to Resolutions passed and
adopted by the Town of Wappinger, the Town of Poughkeepsie and
the Village of Wappingers Falls, copies of which Resolutions
are attached hereto, made part hereof, collectively marked and
designated as Exhibit F.
XXII. ILLEGALITY OF PART. In the event that there
shall be a final adjudication that any provision or provisions
of this agreement is, are or shall be invalid, illegal or
- 31 -
contrary to public policy, such adjudication shall not affect
any of the other provisions of this agreement, and such other
provisions shall continue in full force and effect.
XXIII. MERGER. The parties have heretofore entered
into a Memorandum of Understanding dated March , 1989. it
is understood that this Memorandum of Understanding is merged
herewith and that any inconsistencies between the Memorandum
of Understanding and this agreement- shall be governed by this
agreement.
TRI--MUNICIPAL SEWER COMMISSION
r
By: � 1�,
CAROL GARRIT , Chairman
TOWN OF WAPPINGER
By:
_32,_
STATE OF NEW YORK
COUNTY OF DUTCHESS ss.:
on this day of f
199/, before me
personally came CAROL GARRITY/j�" to known and known to me to
be the same person who subsc�ibed(,.e foregoing instrument,
and that she signed the same as Chairman of the Tri-Municipal-
Sewer Commission, and that she executed the above agreement
pursuant to the resolution duly adopted by the commission, and
she duly acknowledged to me that she executed the same.
2,
NOTARY PUBLIC
STATE OF NEW YORK
COUNTY OF DUTCHESS
on this r day of 199, before
me personally came to me known
and known to me to be the same person who subscribed the
foregoing instrument, and that (s)he signed the same as
Supervisor of the Town of Wappinger, and that (s)he executed
the above agreement pursuant to the resolution duly adopted by
the Town of Wappinger, and (s)he duly acknowledged to me that
(s)he executed -the same.
NOTARY PUBLIC
- 3 ')' -
4.0 PROPOSED TRUNK SEWERS
0.1 General
During the Town of Wappinger Phase I & II (1.0 MGD) proposed expansion, cer-
tain parts of the Existing Tri--Municipal Collection System will be utilized
to deliver such flow (1.0 MGD) to the Treatment Plant site on Sheafe Road.
These are: (1) Portions of Existing Surge Tank Facility at Village of Wap-
pingers Falls Pumping Station, (2) the Village of Wappingers Falls Pumping
Station, (3) the Village Interceptor between the Village of Wappingers Falls
Pumping Station and the Plant Inlet Sewer in the Town of Poughkeepsie (this
includes both the force mains and the gravity main);and (4) the Plant Inlet
Sewer between the Village Interceptor and the Treatment Plant.
0.2 Total Flow in Plant Inlet Sewer
The Existing Plant Inlet Sewer across Bowdoin Park to the existing Treatment
Plant Headworks has been shown to exhibit sufficient capacity to handle (1)
Existing Flows (1.4 MGD), (2) Town of Poughkeepsie Phase II & III Flows (1.6
MGD, (3) the initial flow (Phases I & II) from the Town of Wappinger (1.0 MGD)
and (4) the initial flow from the Town of Pleasant Valley (0.5 MGD). This
would be a total flow of 4.5 MGD.
0.3 Total Flow in the Village Interceptor
The existing Village Interceptor (both force main and gravity main) between
the Village of Wappingers Falls Pumping Station. and the Plant Inlet Sewer has
been shown to exhibit sufficient capacity to handle only (1) the existing flows
(1.4 MGD), (2) Town of Poughkeepsie Phase 11 and III flogs (1.6 MGD), and (3)
the initial flow from the Town of Pleasant Valley (0.5 MGD); all but four (4)
sections of the Village Interceptor gravity portion will be able to handle the
initial 1.0 MGD flow from the Town of Wappinger. The four (4) sections that
will need modification are listed in 0.4 below.
0.4 Proposed Trunk Sewer Construction
Your sections of the existing Village Interceptor will require modification to
increase the capacity sufficient to handle the Phase I & II flows. These modi-
fications involve construction of new pipelines to parallel the.. existing pipe-
lines in the following areas:
Manhole
#24
to #25
(280
LF of
24"
0)
Manhole
#26
to #27
(150
LF of
24"
0)
Manhole
#27
to #28
(125
LF of
30"
0)
Manhole
#28
to #29
(390
LF of
3.0 "
0)
Refer to the attached Plates Nos. 1 through 12 for the existing pipelines which
will be utilized to deliver the Phase I and II flows to the treatment plant.
Plates Nos. $ and 9 show the new parallel pipelines as well.
Additionally, the current Town of Wappinger proposal indicates that a depressed
sewer -inverted siphon will be constructed by the Tri-Municipal Sewer Commission.
This inverted siphon will be approximately 640 LF long and will cross from Hun-
ter's Creek from the south to the north and connect to the existing Village of
Wappingers Falls Pumping Station.
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PAGE Vitlage Inte(ceptor RUDOLPH E. LAPAR, P,E.,f .0 VILLAGt:OF WAPPINGEnS FALLS
4-10 Sto, 112-170 to 50195 COPISULPNO 04BINECRS UUTCHESS COUNTY, HGW PORK
TOWN OF WAPPIEGER '
DATF HAYWARD AND PAKAN TRI-MUNICIPAL SEWER IMP. AREA
TION) ASSOCIATES
EXISTING TRUNKLINE UTILIZA. ASSOCIATES
1109 -LI i TOWN OF r0tJOHKEEPS15
Viligge Interceptor RUDOLPH E. LAPAR, P,E,,P.C. VILLAOF or wArPINOEMS rALLS
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DATIE TOWN OF WAPPINGER PHASE 16 II 14AYWARD AND PAKAN TRI-MUNICIPAL SEWER IMP. AREA
11/89 EXISTING TR9NKLTNE UTILIZATION) ASSOCIATES TOWN OF POUGHKEEP815
mall vill.age Interceptot nUDOLPH E. LAPAR, P,E.,P.C, VILLAGE OF WAPPINGERS FALLS
4-13 sta. 694-130 t. 73-1-75 CONSULTING ENGINEERS EXITCMUSS COUNTY, NEW YORK
CHAPTER 5.0
PROPOSED WASTEWATER. FACILITIES
(to accommodate Town of Wappinger Expansion)
5-0
5.0 PROPOSED WASTEWATER FACILITIES
0.1 General
ACCOMMODATE TOWN OF WAPPINGER EXPANSION)
The proposed Wastewater Facilities to treat .the anticipated sewage flows
resulting from a Town of Wappinger (Phase I & II) Expansion are discussed in
the following sections of this Report. These facilities, hereinafter re-
ferred to as "Proposed Expansion", represent the trunk sewer discussed
in detail in Section 4.0 of this Report, anticipated changes to be made
to the Village of Wappingers Falls Pump Station, including surge provi-
sions)metering facilities and the new wastewater process equipment to be
installed at the existing Tri-Municipal Wastewater Treatment Facility on
Sheafe Road in the Town of Poughkeepsie.
0.2 Su rLe Capacity
Surge capacity for the proposed expansion has been on the difference be-
tween the total sewage flow anticipated to the 'Village of Wappingers Falls
Pump Station, in a six (6) hour period (1.368 MGD) and the amount which
the Pumping Station will deliver to the Treatment Plant during the same
six (6) hour period (0.504 MGD).
This difference of 0.864 MGD determines the size of the surge tank to cost-
effectively equalize flow volumes delivered to the Pumping Station over the
remaining eighteen (18) hours in a pumping day. This surge capacity or stor-
age area, will be placed directly upstream from the existing Village of Wap-
pingers Falls Pumping Station in a similar manner to the existing surge tanks,
as well as an automatic gravity flow regulation mechanism and flow metering
device. Storage level will be instrumented and ventilation with odor control
will be provided.
0.3 Pumping Station Modification
Relatively little modification will be required to increase the existing Vil-
lage of Wappingers Falls Pumping Station for a maximum.rated capacity of
2,100 GPM (3.02 MGD). The existing Village of Wappingers Falls Pumps must be
replaced with .larger pumps and motors. The existing 10" force main will be
utilized. Because of the increased velocities, surge relief protection and
related safety devices will be installed.
0.4 Mechanical Bar Screen
Because the existing headworks .facility is only adequate for the present flows
and anticipated flows from the Village of Wappingers Falls and the Town
of Poughkeepsie the sizing of such bar screen will be determined on the
basis of several contingent items such as:
a. Town of Wappinger Expansion schedule
b. Town of Poughkeepsie Expansion schedule, and
c. Inclusion of Town of Pleasant Valley Flow.
The proposed design costs presented herein are based on Town of Wappinger
Phase I & II only.
5-1
0.5 Grit Collection
The existing headworks facility is also only adequate for the present
flows and the anticipated flows from the Village of Wappingers Falls
and Town of Poughkeepsie. The sizing of the Grit Collection System
will similarly be determined on the basis of several contingent items
such as:
a. Town of Wappinger Expansion schedule
b. Town of Poughkeepsie Expansion schedule, and
c. Inclusion of the Town of Pleasant Valley flow
The proposed design costs presented herein are based on the Town of
Wappinger Phase I & II.only.
0.6 Comminutor
Similarly with Grit Collection and Mechanical Bar Screen, the comminutor
sizing must be determined on the basis of several contingent items such
as:
a. Town of Wappinger Expansion schedule
b. Town of Poughkeepsie Expansion schedule, and
c. Inclusion of Town of Pleasant Valley Flow
The proposed design costs presented herein are based on the Town of
Wappinger Phase I & II only.
0.7 Parshall Flume
As with the above three (3) items the Parshall Flume must be replaced.
Actual design to be based on the following contingencies:
a. Town of Wappinger Expansion schedule
b. Town of Poughkeepsie Expansion schedule, and
c. Inclusion of Town of Pleasant Valley Flow
The proposed design costs presented herein are based on the Town of
Wappinger Phase I & II only.
0.8 Primary Clarification
Raw sewage from the Parshall Flume in the proposed expansion will flow
by gravity to a proposed splitter box and continue equally to each of
two (2) prosposed Primary Clarifiers, operating in parallel. The pro-
posed expansion units will be located to the east of the existing units,
in a contiguous configuration, with
the new units nlaced in an in -line manner.. The proposed expansion units
will be 35'-0" diameter, each with 8'-0" sidewall depth, featuring a sur-
face settling rate of 520.0 gallons per square foot per day at average
daily flow. At peak flows, each of the units will feature a surface sett-
ling rate of 1310 gallons per square foot per day; both parameters falling
within established operating standards. Primary clarified sewage from the
proposed expansion units will flow by gravity through a common channel in
a westerly direction, thence progressing to the aeration basins.
5-2
0.9 Raw Sludge Pit & Pumps
The proposed expansion will provide a concrete sludge well contiguous
to the Proposed Primary Clarifiers, comparably sized to the existing
sludge well, featuring two (2) proposed primary (raw) sludge pumps, con-
trols and valuing. Sludge discharged from these proposed pumps will tra-
vel through a new sludge line in a westerly direction, between the Prim-
ary Clarifiers and the Aeration Basins, to join the existing Raw Sludge
Line carrying sludge to the Sludge Storage Tanks located along the south
side of the Administration Building. The pumps will be activated so as
not to cause a hydraulic backup or problem in the existing Raw Sludge
Line.
0.10 Aeration basins
The proposed expansion will provide four (4) additional aeration basins,
such to be positioned parallel to the eastern side of the existing aera-
tion facilities and of identical size. Primary settled raw sewage will
be delivered to these additional units by means of a common channel serv-
ing the proposed expansion units. The expanded units, each 30'-0" x
30'-0" x 13'-0" maximum side water depth, will function in an identical
hydraulic manner as the existing units. Flow patterns within the new
units and influent equalization (distribution) between the existing units
and the proposed aeration basins will be established and manipulated by
means of manual slide gates. Retention time through the new units at the
expansion design flow will be 4.8 hrs., numerically equivalent to that ex-
hibited by the existing installation.
Referring to the proposed expansion Aeration Basins in a same manner of
designation as the existing units, the effluent wall of each of the C and
D tanks will also feature a motorized, automatically positioned weir,
taking position direction from a dedicated dissolved oxygen analyzer and
proportional controller, to maintain the same functions as exhibited by
the existing facilities.
Effluent from the weir walls of the subject proposed expansion Aeration Basins
will be collected in a proposed 24 inch wide channel, directed in a wester-
ly direction to the existing Aeration Basin effluent channel and then
taken to the area of the existing Secondary Clarifier Splitter Box by means of a
proposed channel contiguous and parallel to the existing aeration efflu-
ent channel structures.
0.11 Secondary Clarification
In the subject expansion, the new Splitter Box, ahead of the Secondary
Clarifiers (2), will receive gravity flows of aeration basin effluent via
the previously described proposed channel and distribute equivalent vol-
umes of combined Phase I & 11 Town of Wappinger flows to the new two(2) Sec-
ondary Clarifiers. The proposed expansion units will be 35'-0" diameter
x 12'-0" sidewall depth designed for a loading (surface settling rate)
of 750 gallons per square foot per day at an anticipated normal 1.00
MCD flow represented by the proposed expansion.
5-3
A 4 inch diameter sludge suction line will exit the bottom of each of
the proposed expansion Secondary Clarifiersand connect to the associ-
ated Return Activated Sludge and Waste Activated Sludge Pump(s) suc-
tion located in the contiguous Subterranean Machinery Chamber. These
existing units represent sufficient capacity to adequately
serve the proposed additional expansion Secondary Clarifiers. The ef-
fluent from such additional units will flow by gravity to the existing
make --up well. Froth spray water for the proposed expansion Aeration
Basins will not be drawn from the existing make-up well, but from an
analagous new detail of the below described Ultraviolet Disinfection
equipment. Flotable materials from the proposed additional expansion
Secondary Clarifiers will be directed by gravity to the existing Scum
Well, from which existing pumping provisions will return all scum ac-
cumulations from the expansion Secondary Clarifiers to a point in the
Primary Clarifier(s) effluent common to the Aeration Basin inlets.
0.12 Machinery Chamber Considerations
Minimal changes and/or additions are anticipated in the existing Machin-
ery Chamber to handle the proposed expansion requirements. Essentially,
these will consist of adding one (1) Waste Activated Sludge Pump and one
(1) Return Activated Sludge Pump. Room for such units -is available in
the Machinery Chamber. A separate structure must,however, be constructed
to house the requisite proposed Phase I & II Town of Wappinger Motor Con-
trol Center. See Section 5.16 below.
0.13 Ultraviolet Disinfection
The. proposed Phase I & II Town of Wappinger Expansion will provide a 16"
diameter effluent pipeline from the existing make-up water well to an
additional Ultraviolet Disinfection Unit installation. Such proposed
effluent pipe will be placed in parallel contiguity with the existing
effluent line. This additional Ultraviolet facility will be located
immediately north of the existing units, parallel with the adjacent
existing westerly service road. The proposed expansion Ultraviolet
Disinfection unit will consist of an open channel, 67'-0" long x 2'-6"
wide x 7'-6" deep, containing two (2) ultraviolet units in series,
identical in design and capability to the existing units. A similar
constant flow depth automatic weir will be provided to insure maximum
contact time (residence) at various effluent rates.
The proposed expansion Ultraviolet Discharge Structure will differ
from the initial installation in that it will feature an
appropriately sized froth spray well (comparable to the existing
make-up water well), featuring a .100 GPM submerged froth spray pump
to service the proposed expansion Aeration Basins. Excess water
(effluent) from this froth spray well will flow by gravity to the
existing 16 inch outfall sewer and be discharged in common with the
initial effluent through the existing submerged outfall structure
in the Hudson River.
5-4
0.14 Sludge Storage Tanks
The proposed expansion will provide additional Sludge Storage Tanks
to be located east of the sludge storage units in a north -south line.
All sludge storage units will be interconnected to provide both series
equalization, if desired, as well as parallel falling and withdrawal
for complete Sludge Management flexibility. Each of such proposed ex-
pansion Sludge Storage Tanks will be of concrete construction, measur-
ing 38'- 0" x 38' - 0" square with a 12' - 0" sidewall depth capacity
of 128,227 gallons, with an air sparging system in each tank to control
odors and prevent anaerobic conditions. It is anticipated that signifi-
cant- aerobic digestion will be practiced as is being experienced in the
existing units. Raw sludge will be received from the proposed expansion
Raw Sludge Well. Sludge thickening feed via existing and proposed addi-
tional Waste Activated Sludge Pumps in the Machinery Chamber will take op-
tional suction and the similarly located Belt Filter Press Pumps will take suc-
tion from all Sludge Storage Tanks. No changes in raw sludge, DAF thick-
ened sludge or BFP dewatered sludge design consistencies are anticipated
based on information received from the present Plant Operators.
0.15 Slud e Com ostin Considerations
The proposed Phase I & II Town of Wappinger Expansion is not
anticipated to exceed the capacity of the existing Sludge Composting
Facilities. Anticipated additional sludge production will be processed
as an additional static pile conformation parallel to the present static
piles. New alternate aeration header and air fan will be required.
No additional screeningequipment is- anticipated. Odor control
methodology presently being utilized for existing operations will be
equally applicable to the proposed expansion sludge composting
procedures.
It is anticipated, however, that the proposed expansion will
necessitate further development of off -site cured compost disposal
mechanisms. The development of this aspect of the subject project
should be addressed as an integral part of project engineering to
prevent early exhaustion of physical storage potentials provided as
part of the existing installation.
0.16 Electrical Facilities and Controls
The proposed expansion will be provided with appropriate electrical
supply, distribution and control features. These will consist of an
alternate power supply line, a new transformer, new electrical switch
gear, a new motor control center and another standby generator unit.
All standby generators can be easily located alongside of the exist-
ing emergency unit, just north of the Administration Building, it is
planned to expand the Electrical. Building contiguous to the east end
of the south wall of the Administration Building to house the required
electrical switchgear, motor control center and instrumental components.
5--5
The proposed computer expansion will reflect a preventive maintenance
program, operator entered laboratory -derived analytical parameter and
flow data trending; as well as archiving individual compost pile his-
tory including temperature data composting/curing times and ultimate
disposition data.
Software will also be expanded to provide New York State DEC Monthly
Reports and Monthly Contributor Billings reflecting Town of Wappinger
Expansion relationships.
0.18 Miscellaneous Site and Roadwork
Drawing No. 9 of this Report represents the generic layout of the Pro-
posed Expansion Facilities.
It is anticipated that the present service road will be relocated dur-
ing the proposed expansion. All proposed locations for equipment and
associated sitework will be determined pursuant to the necessary Arch-
aeological investigations.
5-6
w
PROPOSED PLOT PLAN
TOWN OP WAPPINGER EXPANSION
PHASES T AND PT
5--7
HAYWARD AND PAKAN
ASSOCIATES
RUDOLPH E. LAPAR, P.R.,P.0
CONSULTING ENGINEERS
I
TRI-MUNICIPAL SEWER IMP. AREA
TOWN or roucwEEPSIE
VILLAGE OF WAPPINGEFiS FALLS
DUTCI4GSS COUNTY, NEW YORK
TRI-MUNICIPAL SEWER COMMISSION
Past Office Box 859
Wappingers Falls, New York 12590
Carol Garrity, Chairman
EXHIBIT D 1
TOWN OF WAPPINGER EXPANSION
FINAL DESIGN COSTS
Legal a 55,000
Administrative/Environmental 65,000
Accounting 52,000
Engineering 655,000
Contingency 85.x000
TOTAL $932,000
TRI-MUNICIPAL SEWER COMMISSION
Post Office Box 859
Wappingers Falls, New York 12590
Carol Garrity, Chairman
EXHIBIT D
TOWN OF WAPPINGER EXPANSION
PRELIMINARY DESIGN COSTS
Legal $ 55,250
Administrative/Environmental 1.21,676
Ambient Air Quality Analysis 20,000
Accounting 20,402
Engineering 85,095
Miscellaneous 72
TOTAL 302 495
TRI-MUNICIPAL SEWER COMMISSION
Post Office Box 859
Wappingers Falls, New York 12590
Carol Garrity, Chairman
EXHIBIT E
TOWN OF WAPPINGER EXPANSION
BUY -IN COSTS
DECEMBER 31.,_ 1990
Administration Costs $ 1.44,615
Preliminary Design Costs 15,807
Engineering Costs 281,275
Construction and Improvement Cost 837,290
Miscellaneous Costs 181
Land, Structure and Rights of Way 10,703
Bonding Casts 282,086
TOTAL 1 5- ,957