CITY OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL
PROTECTION BUREAU OF WASTEWATER POLLUTION CONTROL
NO COST AGREEMENT TO PROVIDE SERVICES
AND TEST EQUIPMENT (Innotek Corporation)
AGREEMENT by and between Innotek Corporation, its officers, agents,
employees, affiliates and joint venture partners ("hereinafter
collectively referred to as "the Company"), having an office at
0000 Xxxxx Xxxxxxxx 000 Xxxxxx Xxxxxx, Xxxxxx Xxxx, Xxxxxxxx 000000
and the New York City Department of Environmental Protection ("DEP"
or "the Department") having an office at 00-00 Xxxxxxxx Xxxx,
Xxxxxx, Xxx Xxxx 00000.
BACKGROUND
WHEREAS, the parties hereto wish to explore the benefits of using
the Company's equipment (hereinafter referred to as the "Test
Equipment") for a demonstration at a City-owned Wastewater
Treatment Plant ("WWTP"):
WHEREAS, both parties hereto have carefully assessed the
capabilities and interests of the other, and have concluded that a
no cost agreement to provide DEP with certain equipment will be
beneficial in assessing the potential advantages of the Test
Equipment in DEP's operations;
NOW, THEREFORE, in consideration of the promises, mutual covenants
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
ARTICLE 1. EQUIPMENT AND SERVICES
1. The Company agrees to demonstrate certain services and
equipment at the site listed in the Scope of work. The
services and equipment to be used by the Company at the
test site are set forth in Scope of Work.
ARTICLE 2. DEPARTMENT'S RESPONSIBILITIES
In consideration of the equipment and services to be provided,
DEP agrees to:
2.1 Permit the Company, its officers, agents, employees,
affiliates and joint venture partners, upon reasonable
notification to DEP at the address designated in
paragraph "8", reasonable access to enter upon DEP's
premises for the purpose of delivering, assembling,
installing, and demonstrating the Test Equipment at the
Site. The services to be performed are set forth in the
Scope of Work.
2.2 Notify the Company of any Test Equipment which is
defective.
2.3 Notify the Company upon the expiration or termination of
this Agreement.
2.4 Provide the Company with a written evaluation of the Test
at the conclusion of the demonstration.
ARTICLE 3. RESPONSIBILITIES OF THE COMPANY
3.1 Company warrants and agrees that it has clear title to
the Equipment and shall deliver and install same at the
Site at no cost to DEP pursuant to this Agreement, and in
accordance with all applicable Industry Codes and
Standards.
3.2 Company shall make repairs, replacements, modifications
or adjustments to the Test Equipment promptly on notice
from DEP and keep DEP apprised of the status of such test
support services and coordinate with DEP on the
performance of such test services.
3.3 At the expiration or termination of this Agreement, after
written notice to the Company, the Company shall
disconnect the Test Equipment and as hereinafter
provided, hold it at the Site until the Company can
arrange for its removal from the Site. In the event the
Test Equipment is not removed after six months from the
date of written notification, the Test Equipment shall be
deemed abandoned and all right, title and interest to the
Test Equipment shall pass to DEP.
3.4 While this Agreement is in effect, the Company shall be
under an absolute obligation to take all reasonable
precautions to protect the persons and property of the
City and of others from damage, loss or injury from the
Company's, its agents, employees, subcontractors,
affiliates and joint venture partners' operations or
activities under this agreement, except such property as
the City itself is under a duty to protect. The
Company's obligation to protect shall include, but not be
limited to the duty to provide, place, and adequately
maintain at or about the site sufficient and suitable
equipment, lights, barricades, enclosures and personnel
to safely and efficiently operate the equipment to be
installed.
Within three days after notice of any such loss, damage,
or injury, the Company shall make a full and complete
report thereof to the City. The Company shall notify the
City, in writing, of any loss, damage, injury, or
accidents to property, or persons within twenty-four
hours of the occurrence.
3.5 The Company shall not commit or permit any act which will
interfere with the work of any other contractor and
shall, at the City's direction, coordinate its work with
the work of other contractors at the site.
3.6 Upon the expiration or termination of this Agreement, the
Company shall, to DEP's sole satisfaction, restore the
Site to the same condition that it was in prior to the
commencement of this Agreement.
ARTICLE 4. FEES
4.1 Company agrees to provide the Test Equipment at the site
pursuant to the terms of this Agreement and without any
cost whatsoever to the City of New York or DEP.
ARTICLE 5. CONFIDENTIALITY
5.1 The prior written approval of the Commissioner shall be
required before the Company or any of its employees,
servants, agents or independent contractors may, at any
time prior to the completion of this Agreement, make any
statement to the press or release any information or
material to the public or for publication through any
media or communication, having a bearing on or referring
to this Agreement or any work performed hereunder, except
that which the Company is required to disclose pursuant
to reporting requirements of the Security and Exchange
Commission Act of 1934, as Amended.
5.2 Without disclosing its source, DEP may use information
obtained from this Agreement for the purpose of writing
specifications to be used in any bid document or in any
Requests for Proposals ("RFPs") or any Requests for
Expressions of Interest ("RFEI") which may be issued at
any time during or subsequent to this Agreement.
ARTICLE 6. PERIOD OF PERFORMANCE
6.1 The period of performance of this Agreement shall be not
less than 150 days consecutive calendar days, nor more
than 200 consecutive calendar days from the start-up of
the Test Equipment.
ARTICLE 7. TERMINATION
7.1 This Agreement shall expire at (i) the end of the period
of performance or (ii) by giving notice of termination to
the Company at the address set forth in Article 8 or
(iii) by mutual agreement of the parties, whichever is
earlier.
ARTICLE 8. CONTACT PERSON
8.1 Any notice to be given under this Agreement shall be
given in writing and delivered by hand or sent by
certified mail, postage prepaid return receipt requested,
addressed as follows:
If to the Company:
Innotek Corporation
1300 Tower Building
000 Xxxxxx Xxxxxx
Xxxxxx Xxxx, Xxxxxxxx 00000
Att: Xxxxxx X. Xxxxxx, CEO
If to DEP:
N.Y.C. Department of Environmental Protection
Bureau of Wastewater Pollution Control
00-00 Xxxxxx Xxxxxxx Xxxxxxxxxx
Xxxxxxxx, Xxx Xxxx 00000
Attn: Xxxxxx Xxxxxxxxx, P.E.
ARTICLE 9. SEVERABILITY
9.1 Should any provision of this Agreement be deemed to be
invalid or unenforceable by any Court of competent
jurisdiction, such provision shall be severed from this
Agreement and the remainder of this Agreement shall
continue in full force and effect.
ARTICLE 10. CLAIMS AND ACTIONS THEREON
10.1 No action shall lie or be maintained against the City
upon claims arising from this Agreement unless such
action shall be commenced within six (6) months of the
termination of or conclusion of this Agreement or within
six (6) months after the accrual of the Cause of Action,
whichever occurs first.
10.2 In the event any claim is made or any action brought in
any way relating to the Agreement herein, the Company
shall diligently render to DEP and/or the City, without
additional compensation, any and all assistance which DEP
and/or the City may require of the Company.
10.3 The Company shall report to DEP in writing within three
(3) working days of the initiation by or against the
Company of any legal action or proceeding in connection
with or relating to this Agreement.
ARTICLE 11. GENERAL
11.1 Failure to act upon any right or remedy contained in this
Agreement shall not constitute a waiver of such right or
remedy nor shall it preclude a subsequent enforcement of
such right or remedy.
11.2 Waiver by DEP of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other
or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless and
until the same shall be agreed to in writing by DEP or
the City as required and attached to the original
Agreement.
11.3 DEP and Company may waive their respective rights, powers
or privileges under this Agreement; provided that any
such waiver shall be in writing and provided further,
that no failure or delay on the part of any party to
exercise any right, power or privilege under this
Agreement will operate as waiver thereof, nor will any
single or partial excise of any right, power or privilege
under this Agreement preclude any other or further
exercise thereof or the exercise of any such waiver
operate or be construed as a future waiver of such right,
power or privilege thereunder.
11.4 All Exhibits to this Agreement shall be deemed part of
this Agreement. All captions and headings contained in
this Agreement are for ease of identification only and do
not constitute part of this Agreement.
11.5 DEP represents and Company understands that there is no
guarantee of any City business after the termination or
expiration of this Agreement. DEP will not be
responsible to repair or replace the "Test Equipment"
provided by the Company pursuant to this Agreement.
11.6 If DEP issues a Request for Proposal ("RFP") for the type
of "Test Equipment" to be provided hereunder at any other
in New York City, Company will be treated the same as any
other proposer in evaluating its proposal.
ARTICLE 12. FORUM PROVISION
12.1 This Agreement shall be construed pursuant to the laws of
the State of New York. Any Dispute arising from this
Agreement shall be adjudicated in the courts of the State
of New York.
ARTICLE 13. CONFLICT OF INTEREST
13.1 No officer, agent, employee, or representative of the
City of New York or DEP received any payment or other
consideration for the making of this Agreement nor has
any legal interest, directly or indirectly, in this
Agreement.
ARTICLE 14. INVESTIGATION CLAUSE
14.1 The parties to this agreement agree to cooperate fully
and faithfully with any investigation, audit or inquiry
conducted by a State of New York (State) or City of New
York (City) governmental agency or authority that is
empowered directly or by designation to compel the
attendance of witnesses and to examine witnesses or oath,
or conducted by the Inspector General of a governmental
agency that is a party in interest to the Demonstration
Agreement that is the subject of the investigation, audit
or inquiry.
14.2 If any person who has been advised that his or her
statement, and any information from such statement, will
not be used against him or her in any subsequent criminal
proceeding refuses to testify before a grand jury or
other governmental agency or authority empowered directly
or by designation to compel the attendance of witnesses
and to examine witnesses under oath concerning the
Demonstration Agreement entered into with the City, the
State, or any political subdivision or public authority
thereof, or the Port Authority of New York and New
Jersey, or any local development corporation within the
City, or any public benefit corporation organized under
the laws of the State of New York, or;
14.3 If any person refuses to testify for any reason other
than the assertion of his or her privilege against self-
incrimination in an investigation, audit or inquiry
conducted by a City or State governmental agency or
authority empowered directly or by designation to compel
the attendance of witnesses and to take testimony under
oath, or by the Inspector General of the governmental
agency that is a party in interest in, and is seeking
testimony concerning the Demonstration Agreement entered
into within the City, the State, of any political
subdivision thereof or any local development corporation
within the City, then the Commissioner or Agency head
whose agency is a party in interest to the Demonstration
Agreement shall convene a hearing upon not less than five
(5) days written notice to the parties involved to
determine if any penalties should attach for the failure
of a person to testify.
14.4 If any non governmental party to the hearing requests an
adjournment the Commissioner or Agency head who convened
the hearing may, upon granting the adjournment, suspend
the test pending the final determination pursuant to
paragraph 14.6 below without the City incurring any
penalty or damages for delay or otherwise.
14.5 The Commissioner or Agency head shall consider and
address in reaching his or her determination and in
assessing the factors in paragraphs (a) and (b) below.
(a) The party's good faith endeavors or lack thereof to
cooperate fully and faithfully with any governmental
investigation or audit, including but not limited to the
discipline, discharge, or disassociation of any person
failing to testify, the production of accurate and
complete books and records, and the forthcoming testimony
of all other members, agents, assignees or fiduciaries
whose testimony is sought.
(b) The relationship of the person who refuses to
testify to any entity that is a party to the hearing,
including, but not limited to, whether the person whose
testimony is sought has as ownership interest in the
entity and/or the degree of authority and responsibility
the person has within the entity.
14.6 (a) The term "person" as used herein shall be defined as
any natural person doing business alone or associated
with another person, or entity as a partner, director,
officer, principal or employee.
14.7 (b) The term "entity" as used herein shall be defined as
any firm, partnership, corporation, association, or
person that receives monies, benefits, licenses, leases,
or permits from or through the City or otherwise
transacts business with the City.
14.8 (c) The term "member" as used herein shall be defined as
any person associated with another person or entity as a
partner, director, officer, principal or employee.
14.9 In addition to and notwithstanding any other provision of
this Agreement the Commissioner or agency head may in his
or her sole discretion terminate this agreement upon not
less than three (3) days written notice in the event the
Company fails to promptly report in writing to the
Commissioner of Investigation of the City of New York any
solicitation of money, goods, requests for future benefit
or thing of value, by or on behalf of any employee of the
City or other person, firm, corporation or entity for any
purpose which may be related to the procurement or
obtaining of this Agreement by the Company, or affecting
the performance of this Test.
ARTICLE 15. MERGER
15.1 This Agreement may only be amended by a writing executed
by the party or parties to be affected by such amendment.
15.2 This written Agreement contains all the terms and
conditions agreed upon by the parties hereto, and no
other agreement, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to
bind any of the parties hereto or to vary any of the
terms contained herein.
ARTICLE 16. LIMITATION OF LIABILITY
16.1 (a) Company hereby assumes any and all risk of loss or
damage to property or injury (including death) of persons
directly or indirectly arising out of, as a result of, or
in connection with the services, equipment, and/or use or
occupancy of DEP's property permitted hereunder including
products supplied to the City for demonstrations or tests
(i.e. Test Equipment) and any and all obligations assumed
by the Company hereunder except that the Company shall
not be responsible for that part or portion of the risk
of loss, damage to property, or injury to (including
death of persons) which was caused by or results from the
negligence or wilful tort of the DEP, its agents,
servants, employees or force majeure. Without limiting
the generality of the foregoing, the Company assumes risk
of loss to the City's physical plant, equipment or other
injury to persons from defective products supplied
hereunder or from products which when installed and used
at the Site in accordance with the manufacturer's
specifications, guidelines and directions cause damage to
other products, equipment, or injury or death to persons.
16.2 (b) Company further agrees to indemnify and hold
harmless DEP, its Commissioners, officers, agents and
employees from and against any and all claims, suits,
demands, litigations, proceedings, based upon any of the
risks or obligations so assumed, whether the claim is
just or unjust, fraudulent or not, and for all costs and
expenses incurred by the DEP in defense, settlement or
satisfaction of such claims, including but not limited to
reasonable attorney's fees and costs of suit.
ARTICLE 17. INSURANCE:
17.1 Commercial General Liability: Before the test equipment
is transmitted to DEP, the Company or its joint venture
partners or affiliates shall procure evidence of
commercial general liability insurance in the amounts as
set forth in 16.2 below issued by a New York admitted
carrier via the New York admitted market in the Company's
name and naming the City of New York Department of
Environmental as additional insured [CG20 26] and
indorsed to cover liability assumed by the Company under
the indemnity provisions of this Agreement. This
insurance policy must be maintained during the life of
the demonstration agreement and shall protect the City,
from claims for property damage and/or bodily injury
which may arise from operations under the demonstration,
whether such operations are performed by DEP or anyone
directly or indirectly employed by DEP. Two (2)
certificates shall be furnished in a manner acceptable to
the Department of Environmental Protection, together with
copies of all endorsements as pertain to the requirements
of this Agreement.
The policy shall contain no exclusions or endorsement
which are not acceptable to the City and shall be of a
form and by an insurance company acceptable to the City.
The following endorsements are required to be made on the
policy:
a. Notice shall be addressed to the Commissioner of
the Department of Environmental Protection, x/x xxx
Xxxxxxxx Xxxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxx
Plaza, 00-00 Xxxxxxxx Xxxxxxxxx., Xxxxxx, Xxx Xxxx
00000
b. Notice of Cancellation of Policy: The policy shall
not be canceled, terminated, modified or changed by
the Company unless thirty (30) days prior written
notice is sent to the Commissioner of the
Department of Environmental Protection.
17.2 Commercial General Liability: (CG 00 01 ed. 10/93) or
equivalent providing Combined Single Limit-Bodily Injury
and Property Damage as follows:
$1,000,000 per occurrence.
$3,000,000 products/completed operations
aggregate.
$6,000,000 general aggregate.
$25,000 per claim maximum deductible except
as approved by DEP's Risk Manager
(Self-insured retentions are not
permitted).
17.3 Worker's Compensation Insurance: Before execution of this
contract the contractor shall procure Worker's
Compensation Insurance in accordance with the Laws of the
State of New York on behalf of all employees who are to
provide labor or services under this contract. Two
certificates of such insurance or authority for self-
insurance shall be furnished by the Commissioner.
17.4 Employers Liability Insurance: Before performing any work
the Contractor shall procure Employer's Liability
Insurance affording compensation for all employees
providing labor and service for whom workers'
compensation coverage is not a statutory requirement.
Two certificates of such insurance shall be furnished by
the Commissioner.
Certificates confirming renewals of insurance shall be
presented not less than 30 days prior to the expiration
date of coverage until all operations under this contract
are deemed completed.
17.5 Automobile Liability: Contractor will provide the city
with evidence of insurance covering all owned, non-owned
and hired vehicles to be used in connection with this
contract. The contractor shall present the City a
schedule of insured autos, including the vehicles to be
used for operations under this contract.
17.6 Automobile Liability. CA 00 01 (ed 01/80) or equivalent
Combined Single Limit - Bodily Injury and Property Damage
as follows:
$500,000 Each Occurrence
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in duplicate on this 30th day of July, 1996.
INNOTEK CORPORATION
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------
Xxxxxx X. Xxxxxx
Chief Executive Officer
NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION
By: /s/ Xxxxxx X. Xxxxxxx
-----------------------------
Xxxxxx X. Xxxxxxx, P.E.
Agency Chief Contracting Officer
ACKNOWLEDGMENT BY COMPANY
STATE OF ARKANSAS )
ss:.
COUNTY OF PULASKI )
On this 26th day of July, 1996 before me personally came Xxxxxx X.
Xxxxxx, who being by me duly sworn, acknowledged to me that he is
the Chief Executive Officer of the Innotek Corporation, the person
described as such in and who executed the foregoing document on
behalf of and as authorized by Innotek Corporation.
/s/ Xxxxxxxxxx X. Xxxxx
Xxxxxxxxxx X. Xxxxx
Notary Public
My commission expires: 12/1/2005
ACKNOWLEDGMENT BY AGENCY CHIEF CONTRACTING OFFICER
STATE OF NEW YORK)
ss:.
COUNTY OF QUEENS)
On this 30th day of July, 1996 before me personally came
Xxxxxx X. Xxxxxxx to me known and known to me to be the Agency
Chief Contracting Officer of the Department of Environmental
Protection of the City of New York, located at 00-00 Xxxxxxxx
Xxxxxxxxx, Xxxxxx, Xxx Xxxx, 00000 and the person named in and who
executed the foregoing agreement as authorized by the Commissioner
of the Department of Environmental Protection of the City of New
York.
/s/ Xxxxxxxxxx Ajax
XXXXXXXXXX AJAX
Notary Public
Xxxxxxxxxx Ajax
Notary Public, State of New York
No. 01AJ 4961176
Qualified in Queens County
Commission Expires January 22, 1998
SCOPE OF WORK
"NitRem" Nitrogen Removal
Demonstration Unit
I) Justification:
New York City has been mandated by the NYSDEC to reduce nitrogen
discharges into the Upper East River and Jamaica Bay, along with
developing a nitrogen removal feasibility plan. This plan will
address different technologies available to remove nitrogen from
both the centrate stream and/or the wastewater stream. One such
technology is the NitRem Process, an extremely cost effective
process for removing nitrogen from the centrate stream. A pilot
unit is needed to determine O&M requirements associated with the
process and to determine the overall efficiency of the process.
II) Location of Project:
The demonstration project shall be located at a location selected
by a NYCDEP field engineer.
III) Description of Process:
A small amount of zinc hydroxide is added to the centrate stream
and reacts with the ammonia stream forming a ammoniated zinc
hydroxide precipitate. The precipitate settles to the bottom of
the settling tank and the ammonia free centrate stream is returned
to the head of the plant. The settled ammoniated zinc hydroxide is
then sent to a dewatering process to further concentrate the
ammoniated zinc hydroxide stream. Sodium hydroxide is then added
to the concentrated ammoniated zinc hydroxide stream to cause
complete desorption of the ammonia. The stream is then fed to the
flash vessel and ammonia is removed as a vapor. The liquid stream
containing zinc hydroxide is then sent back to the beginning of the
NitRem process. The vapor stream is fed to an absorbing vessel
containing nitric acid thus forming ammonium nitrate. The ammonium
nitrate is then fed to a NitRem reactor and the waste stream is
broken down to nitrogen gas and water.
IV) Work Included:
Innotek will supply NYCDEP a complete packaged NitRem demonstration
unit. Innotek will be responsible for the installation of all
structural, mechanical, and instrumentation work associated with
the demonstration unit. The following is a list of work items,
along with a description of each item associated with the NitRem
demonstration unit:
1. Centrate Transfer Pump: will be placed in the existing centrate
wet well and will pump 7 gpm of centrate to the NitRem
demonstration unit.
2. Centrate Settling Tank: The centrate will be sent to a 1,050
gallon settling tank to remove suspended solids from the centrate
stream.
3. Sludge Pump: A sludge pump will be used to remove the solids
from the centrate settling tank at a flow rate of about 0.6 gpm and
send the solids to the plant drain, which goes to the head of the
plant.
4. Zinc Oxide Feed System: A small portion of ZnO will be fed to
the centrate stream and mixed in a 17.5 gallon mixing tank. The
ammonia present in the centrate stream will react with the
ZnO, forming a ammoniated zinc oxide precipitate.
5. Gravity Thickener/Separator: The centrate stream will then be
sent to a 1,155 gallon gravity thickener/separator where the
ammoniated zinc hydroxide will be settled out and the deammoniated
centrate stream will be sent to the plant drain and returned to the
head of the plant.
6. Slurry Pump: The ammoniated zinc hydroxide slurry will be
pumped to the decant centrifuge using at a flow rate of about 2.2
gpm.
7. Decant Centrifuge: The slurry will be fed to a decant
centrifuge where the solids and liquid streams will be separated.
The liquid stream will be returned to the Gravity
Thickener/Separator.
8. Progressive Cavity Pump: The progressive cavity pump will send
approximately 0.5 gpm of the thickened slurry to the sodium
hydroxide feed system.
9. Sodium Hydroxide Feed System: will consist of 195 gallon
storage tank, tank containment structure, and feed pumps. The
sodium hydroxide is mixed with the ammoniated zinc hydroxide slurry
to free the ammonia from the stream.
10. Flash Vessel: The ammonia stream is then fed to a flash vessel
which consists of a steam injection system (T = 300 degrees F and
P = 8 psig). In the flash vessel the free ammonia is removed from
the centrate stream as a vapor.
11. Slurry Pump: The remaining liquid stream containing ZnO and
NA/OH is then returned to the zinc oxide feed system.
12. Heat Exchanger/Cooler: The ammonia vapor is then feed to a
heat exchanger/cooler where the ammonia vapor is concentrated into
a liquid stream.
13. Nitric Acid Feed System: will consist of 364 gallon storage
tank, tank containment structure, and feed pumps. The nitric acid
is fed to the absorber vessel and mixed with the ammonia stream.
14. Ammonia Absorber Vessel: The nitric acid and ammonia stream
react in the 1.01 gallon ammonia absorber vessel thus forming an
ammonium nitrate solution. This is an exothermic reaction, which
generates heat to be used in subsequent processes.
15. Solution Pump The ammonium nitrate solution is pumped to a
solution surge tank at a flow rate of 0.06 gpm.
16. Solution Surge Tank: The 73 gallon solution surge tank acts as
an equalization basin for the ammonium nitrate strewn.
17. NitRem Reactor: The NitRem reactor will treat a flow of 0.06
gpm of the ammonium nitrate stream. The reactor consists of a high
pressure feed pump (3,500 psig) and operates at a temperature of
838 degrees F (no external heat source needed). The purpose of the
NitRem reactor is to break the ammonium nitrate stream down to
nitrogen gas and water vapor, which is discharged to the
atmosphere.
18. Pressure Let-Down System: The pressure is brought down to
about 100 psi and then injected into the flash vessel as an
external heat source.
19. Engineer's Trailer and Laboratory: Innotek will install a
temporary trailer and laboratory, which will be removed when the
demonstration project is completed.
20. Chemicals: Innotek will provide all chemicals for the
demonstration unit and remove any remaining chemicals at the
termination of the demonstration unit.
21. Field Personnel: Innotek will provide the necessary field
personnel for operations, safety training, and performance testing.
V) Coordination with NYCDEP:
Innotek shall work with the NYCDEP field engineer as to locating a
satisfactory sight for the demonstration unit, before making a
connection to existing facilities, to act as a liaison between
NYCDEP and Innotek, and to ensure the demonstration project is ran
in a manner acceptable to the NYCDEP.
Innotek will require the following from NYCDEP:
1. Project Dimensions: 40' x 40' flat space for demonstration unit
(preferably a concrete or asphalt pad)
2. Energy Estimate: 25 kilowatts of three phase and 460/480 volts.
NYCDEP will be responsible for the electrical hookup to the
demonstration unit.
3. Truck Access: For delivery of skids and chemicals
4. Potable Water and Sewer Hookup: For Engineers trailer and
laboratory.
5. Access to Plant Drain: Need access to plant drain to dispose of
treated centrate stream and settled solids.
VI) Maintenance of Operations During Construction
This demonstration has no major construction items associated with
it and in no way will interfere with plant operations.
VII) Safety and Training Program:
In prosecuting the work of this contract, the Company shall provide
working conditions on each operation that shall be as safe and
healthful as the nature of that operation permits. The various
operations connected with the work shall be so conducted that they
will not be unsafe or injurious to health or safety; and the
Company shall comply with all regulations and published
recommendations of the New York State Department of Labor and all
provisions, regulations and recommendations issued pursuant to the
Federal Occupational Safety and Health Act of 1970 and the
Construction Safety Act of 1969, as amended, and with laws, rules,
and regulations of other authorities having jurisdiction, with
regard to all matters relating to safe and healthful working
conditions. Compliance with governmental requirements is mandated
by law and considered only a minim= level of safety performance.
All work shall also be performed in accordance with safe work
practices.
The Company shall be responsible for the safety of the Company's
employees, the public and all other persons at or about the site of
the work. The Company shall be solely responsible for the adequacy
and safety of all construction methods, materials, equipment and
the safe prosecution of the work.
The Company shall have a written health and safety plan prepared by
a person competent in that field, shall have a safety person active
on the job at all times while work is in progress, shall have a
documented safety training program, and shall have a safety work
method check list system. The Company shall stop work whenever a
work procedure or a condition at a work site is deemed unsafe by
the safety person.
The Company shall at all times employ a properly qualified safety
person familiar with all work under this contract whose duties
shall be to initiate, review and cause implementation of measures
for the protection of health and prevention of accidents. Within
30 days of receiving a Notice to Proceed, the Company shall submit
the name of the safety person, employed by the Company, responsible
for project safety management. A resume of the qualifications of
the safety person must be submitted to the Engineer for review.
This resume shall include such items as: experience, education,
special safety courses completed, safety conferences attended and
certification and registrations. Qualifications of the safety
person must include a minimum of ten years of construction
experience, two of which are related to safety management.
Documentation and/or personal references confirming the
qualifications may also be required. The person proposed for this
position may be rejected by the Engineer for failure to have
adequate qualifications or other cause.
The safety person shall be completely experienced with and
knowledgeable of all applicable health and safety requirements of
all governing laws, rules and regulations as well as of good safety
practice and shall have the authority to ensure compliance with the
same. The safety person must be on the job at all times while work
is in progress. He shall be provided with an appropriate office on
the job site to maintain and keep available safety records, up-to-
date copies of all pertinent safety rules, regulations and
governing legislation, materials safety data sheets, and the site
safety plan including information concerning foreseeable emergency
conditions, location of emergency and telephone contacts for
supportive actions and all required notifications.
The Company shall commit to writing a specific site safety plan
before the start of any construction. This shall be available to
workers on site and be submitted to the Engineer at least two weeks
before the beginning of any field work. Copies of the plan shall
be provided to the Company's and/or the City's insurer and their
risk managers, if any, by the Company. The safety plan shall, as
a minimum, identify and describe the hazards anticipated, delineate
control measures required, establish a safety training program and
develop the necessary safety check list forms specific to the work
methods and crews performing work at the various job locations.
The plan shall consider, but not be limited to, safety plans which
identify: 1) specific work areas and procedures and their
anticipated hazards, 2) control measures to protect workers from
those hazards, 3) surveillance methods, and schedules of both walk-
through surveys and in-deep safety audits to be performed on site,
4) areas requiring personal protection equipment, types of personal
protection equipment, and availability of personal protection
equipment on site, 5) medical monitoring and screening methods, 6)
fire prevention and protection plans, 7) emergency response
procedures, 8) copies of safety inspection check-off sheets to be
used on a regular basis in evaluating the site and work methods.
The safety person shall as a minimum:
1. Schedule and conduct safety meeting and safety training
programs as required by law, the safety plan, and good safety
practice. A specific schedule of dates of these meetings and an
outline of subjects to be covered shall be provided with the safety
plan. The Engineer shall be advised in advance of the time and
place of such meetings. DEP personnel shall be invited to attend
the meetings. All employees shall be instructed on the recognition
of hazards, observance of precautions, of the contents of the
safety plan and the use of protective and emergency equipment.
2. Determine that operators of specific equipment are qualified by
training and/or experience before they are allowed to operate such
equipment.
3. Develop and implement emergency response procedures. Make
prior arrangements with and post the name, address and hours of a
nearby medical doctor; name and address of nearby clinics and
hospitals, and the telephone numbers of the appropriate ambulance
service, fire, police department and other emergency response
entities.
4. Post all appropriate notices regarding safety and health
regulations at locations which afford maximum exposure to all
personnel at the job site.
5. Post appropriate instructions and warning signs in regard to
all hazardous areas or conditions which cannot be eliminated.
Identification of these areas shall be based on experience, on site
surveillance, and severity of hazard. Such signs shall not be used
in place of appropriate workplace controls.
6. Ascertain by personal inspection that all safety related laws,
rules and regulations are enforced. Make inspections of all
workplace at least once a shift to ensure that all machines, tools
and equipment are in a safe operating condition, and that all work
areas are free of hazards. Take necessary and timely conditions,
and submit to the Engineer each day a copy of his findings on the
inspection check list report forms established in the safety plan.
7. Submit to the Engineer, copies of all safety inspection reports
and citations from regulating agencies and insurance companies
within one work day of receipt of such reports.
8. Perform all related tasks necessary to achieve the highest
degree of safety that the nature of the work permits.
The Company shall have proper emergency and rescue equipment
adequately maintained and readily available for such foreseeable
contingency. This equipment shall include such applicable items
as: proper fire extinguishers, first aid supplies, safety ropes and
harnesses, stretchers, water safety devices, oxygen breathing
apparatus, resuscitators, gas detectors, oxygen deficiency
indicators, combustible gas detectors, etc. This equipment should
be kept in protected areas and checked at scheduled intervals. A
log shall be maintained indicating who checked the equipment, when
it was checked, and that it was acceptable. This equipment log
shall be updated monthly and be submitted with the monthly report.
Equipment that requires calibration shall have copies of dated
calibration certificates on site. Substitute safety and rescue
equipment must be provided while primary equipment is being
serviced or calibrated.
The Company shall promptly report to the Engineer all accidents
involving injury to personnel or damage to equipment and structures
as specified in Article 7 of the Contract Agreement, investigate
these accidents and prepare required reports and submit a monthly
summary of these accidents. The summary report due by the 10th day
of the following month, shall include descriptions of corrective
actions to reduce the probability of similar accidents. in
addition, the Company shall furnish to the Engineer a copy of all
accident and health or safety hazard reports received from OSHA or
any other government agency within one day of receipt.
In addition to the reports which the Company is required to file
under the provisions of the Workmen's Compensation Law, he shall
submit to the Engineer on or before the tenth day of each month a
report giving the total force employed on this contract in man-days
during the previous calendar month, the number and character of all
accidents resulting in loss of time or considered recordable by
OSHA, and any other information on classification of employees,
injuries received on the work, and disabilities arising therefrom
that may be required by the Engineer. The submittal shall also
contain an audit report for the prior month, including the safety
training conducted, the above equipment logs, records of the
condition of the work areas, safety and health records, OSHA and
ANSI Z16.1 incidence rates for frequency and severity of recordable
accidents, and an evaluation of the effectiveness of the safety
plan with any changes necessary. The safety professional and the
Company shall sign this audit report. The Engineer shall review
these reports for Company's compliance with the safety provisions
of the Contract.
All personnel employed by the Company or his subcontractors or any
visitors whenever entering the job site, any shaft, or tunnel
headings shall be required to wear appropriate personal protection
equipment required to wear appropriate personal protection
equipment required for that area. The Company shall continuously
provide all necessary personal protective equipment as requested by
the Engineer for his designated representatives.
VIII) Cleanup of Spills:
All chemical storage facilities will have a containment area in
case of an accidental spill. In the event of an accidental spill
during the test, it will be Innotek's responsibility to take all
the necessary steps to properly contain and clean such spills to
the satisfaction of a DEP Engineer. Innotek Corporation shall also
be responsible for the proper disposal of all spills and refuse
resulting from the clean-up. If necessary, the contaminated waste
shall be stored in a secured area and be removed as promptly as
practical by Innotek Corp.
IX) On-site Chemical Storage Facilities:
All chemicals shall be stored in a chemical storage facility. The
chemical storage facility should be located in a separate area and
be secured in a manner that will only allow access to Innotek Corp.
personnel and or DEP personnel involved in the pilot test. The
chemical storage facility should be approved by the DEP Engineer.
