2-Final Draft Exhibit C - Standards of Performance.pdf

Page 1 of 12 Exhibit C - Final Draft RFP 2025

EXHIBIT C

STANDARDS OF PERFORMANCE

The Company shall operate and maintain the Facilities to comply with the most stringent of Applicable Laws or the Standards of Performance set forth herein.

The District, through the Annual Base Fee, is paying for a specified level of service. If the Company fails to achieve these Standards of Performance, the District will take a fee reduction on the next invoice to reflect that the District did not receive the services it is paying for and as compensation for the time District staff expended in correcting the Company’s work.

The District will have staff stationed at the two water reclamation facilities to assist with meeting the goals of the District and the Company. Such staff will collaborate with all Company employees in real time to facilitate the Parties’ combined success and to minimize fee reductions.

The Operations Committee and the Maintenance Committee will meet regularly and will review compliance with these Standards of Performance.

All fee reductions will be taken by the District against the Company’s next invoice. At the request of the Company, any fee reduction may be reviewed by the Operations or Maintenance Committees, as applicable. Fee reductions will be restored to the Company if so recommended by the Operations, Maintenance or Executive Committees or directed through the dispute resolution process of Section 10.02 of the Service Agreement. The Committee to provide initial review of a fee reduction is indicated in this document by O – Operations, M- Maintenance, or E

– Executive.

I. Fee Reductions

HIGH - A HIGH Fee reduction will be the higher of $10,000 or whatever amount WDNR or any other regulator assesses plus five percent. In such instances where the District is fined by a regulator, the Company shall be responsible for the actual costs of the fine, penalty or fee, as well as an additional five percent of the fine to compensate the District’s administrative efforts associated with the performance failure. The fee reduction will be deducted from the Monthly Base Fee on a per occurrence basis.

CUMULATIVE – Certain Standards of Performance will not have an automatic fee reduction, but the Company will be assigned points for each violation. The Company may not accumulate more than 70 points in a month. In the event the Company exceeds 70 points in a month, the

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District will take a HIGH Fee Reduction for each 70 point increment (e.g. 0-69 = no fee reduction; 70-139 = 1 HIGH Fee Reduction; 140-209 = 2 HIGH Fee Reductions, etc.).

Fee Reduction Levels will be adjusted annually based on the Adjustment Factor set forth in Exhibit D.

II. Standards of Performance

1. Effluent Quality Standards

a. Failure to meet any of the monthly contract limits in Table C-1 in any calendar month will result in a HIGH Fee Reduction per monthly violation, provided the influent conditions for the missed contract limit are at or below the corresponding maximum monthly design capacity listed in Exhibit H. (O)

Table C-1: Monthly Plant Effluent Contract Limits

b. Failure to meet any of the annual limits in Table C-2 in any calendar year will result in a HIGH Fee Reduction, provided influent conditions for the missed annual limit are at or below the corresponding maximum monthly design capacity for a majority of months in the Contract Year. The first Contract Year will only consider the monthly averages following the Operational Start Date (March-December). (O)

Table C-2: Annual Plant Effluent Limits

2. Regulatory Permit Requirements

a. Failure to meet any requirement of the WPDES Permit, including the effluent quality standards, notifications, submitting required reports to the District, and reviewing District regulatory reports will result in a HIGH Fee Reduction. (O)

b. Failure to meet any emission limitation of the Air Pollution Control Operations or Construction Permits will result in a HIGH Fee Reduction. (O)

Plant BOD (mg/L)

TSS

(mg/L)

Ammonia (mg/L)

Phosphorus (mg/L)

Fecal Coliform (cfu/100 mL)

JIWRF 15 15 5.0 0.5 200 (geometric mean)

SSWRF 20 15 5.0 N/A 200 (geometric mean)

Plant BOD (mg/L)

TSS

(mg/L)

Ammonia (mg/L)

Phosphorus (mg/L)

JIWRF 10 10 1.0 0.4

SSWRF 20 15 2.0 0.7

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c. Failure to document and report within 24 hours any Air Pollution Control Operations or Construction Permits excursion or deviation will result in a HIGH Fee Reduction.

(O)

d. Failure to perform or document any maintenance that is required by the Malfunction Abatement and Prevention Plan will result in a HIGH Fee Reduction. (O)

e. Failure to prepare or submit any monthly, quarterly, semi-annual or annual report required by the Air Pollution Control Operations or Construction Permits on time will result in a HIGH Fee Reduction. (O)

f. Failure to submit or follow the regulatory Sampling Plan will result in a HIGH Fee Reduction. (O)

3. Biosolids Standards

Heat dried Biosolids must meet all the standards listed in Tables C-3 and C-4 below.

However, only the parameters shown in Table C-5 may result in a fee reduction. Each of these parameters will be in the CUMULATIVE Fee Reduction category. The Company will also be responsible for the actual costs incurred by the District to recall and dispose of product that is non-saleable because it violates a parameter listed in Table C-5. (O)

Table C-3: Milorganite® and Greens Grade Standards Parameters Specifications

Total Nitrogen (Total AOAC) >6.0% by weight Available Phosphate as P2O5 >4.0% by weight Soluble Potash as K2O >0.0% by weight Total Iron as Fe >2.5% by weight Metals (Arsenic, Cadmium, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, Zinc, Chromium)

Applicable Law

Organics, Priority Pollutants, Dioxins, Furans, or any other regulated compounds

Applicable Law

PCBs <1.0 ppm Fecal Coliform <1000 MPN/g TS PFOA and PFOS <20 ppb combined, unless Applicable Law is more stringent Bulk Density 51 lbs/ft3 ± 3 lbs/ft3 (average of loose and mechanically settled) Percent Moisture Less than or equal to 8.5% Dust Suppression At least 0.8 gallon per ton, or as needed to control dust (currently Bioblend) Foreign Particles or Debris Not permitted Particle Size Distribution As set forth in Table C-4

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Table C-4: Milorganite® and Greens Grade Screen Size Distribution Screen Size Percent Product Retained on Tyler Mesh Screen (%)

Milorganite® Greens Grade No. 8 <2.0% 0 No. 9 <10.0%, ±10% 0 No. 10 20% ± 10% 0 No. 12 25% ± 15% 0 No. 14 Not Applicable <2.0% No. 16 Not Applicable 20% ± 10% No. 20 35% ± 15% 35% ± 15% No. 28 5% ± 5% 35% ± 15% No. 48 <3.0% 8% ± 10% Dust <0.4% <0.4%

Table C-5: Company Milorganite® Standards – as tested prior to bagging and as tested at “outfall 5” at the bagging facility

Parameters Specification Total Iron as Fe, five points per daily violation

>2.5% by weight

Fecal Coliform, HIGH fee reduction, per daily violation

<1000 MPN/g TS

Heat Drying Standard, HIGH fee reduction, per daily violation

Compliance with Exhibit B – Scope of Services, Section 3.D.a.ii

Bulk Density, five points per daily violation

51 lbs/ft3 ± 3 lbs/ft3 (average of loose and mechanically settled)

Percent Moisture, five points per daily violation

Each daily production sample and loadout sample must be less than or equal to 8.5% moisture

Dust Suppression, five points per daily violation

Apply at least 0.8 gallon per ton, or as otherwise directed, at loadout to control dust (currently Bioblend)

Foreign Particles or Debris, five points per occurrence

Not permitted in Shipments

Screening Classic Milorganite® to produce Greens Grade, one point per occurrence

Company may not make Greens Grade except when approved by the District

Staging Product for Distribution Company will only stage Milorganite and Greens Grade product for distribution when approved by the District

Particle Size Distribution for both Milorganite® and Greens Grade

>85% of one calendar month’s daily production sample results meet the product retained limits in Table C-4

Particle Size Distribution for both Milorganite® and Greens Grade

>85% of one calendar month’s loadout sample results meet the product retained limits in Table C-4

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4. Jones Island and South Shore Wet Processes – The following Standards of Performance do not accumulate points and are not associated with a fee reduction. The District will review compliance with these standards and will report to the Commission on persistent non-compliance with these Standards of Performance and associated impacts to the Facilities.

a. Maintain primary clarifier sludge blankets less than 3 feet in depth on a 14-day rolling average basis.

b. Maintain daily average dissolved oxygen level of 2-4 mg/L for all in service aeration basins.

c. Maintain a minimum aerobic mass of 275 tons at SSWRF or 400 tons at JIWRF.

d. Maintain Mixed Liquor Suspended Solids below 3,500 mg/L at either JIWRF or

SSWRF.

e. Maintain secondary clarifier sludge blankets less than 8 feet in depth.

f. Maintain a minimum JIWRF secondary solids inventory of 500 tons on a 7-day rolling average.

g. Maintain a minimum SSWRF secondary solids inventory of 300 tons on a 7-day rolling average.

h. For the disinfection process, maintain a minimum CT setpoint of 30 mg/L-min on a daily average basis.

5. Jones Island and South Shore Solids Processes -- The following Standards of Performance do not accumulate points and are not associated with a fee reduction. The District will review compliance with these standards and will report to the Commission on persistent non-compliance with these Standards of Performance and associated impacts to the Facilities.

a. Notify the District if the product in the silos exceeds or is projected to exceed 9,000 tons within one month.

b. Maintain dryer loadings of greater than or equal to 19 tons per day.

c. Maintain the monthly belt filter press cake solids greater than 16%, averaging all the six daily measurements over the calendar month.

d. Maintain the JIWRF monthly gravity belt filter cake solids content greater than 4%, averaging all of the six daily measurements over the calendar month.

e. Maintain SSWRF dissolved air flotation (DAF) thickener sludge solids content at 3% percent or greater as a daily average on days of operation.

f. Maintain the SSWRF monthly gravity belt filter cake solids greater than 6%, averaging the daily measurements on operational days over the calendar month.

6. Conveyance System Maintenance Standards

a. General: Typical Milwaukee winter weather does not preclude conveyance staff from performing work and will not be an excuse for failing to complete PM or CM in

Page 6 of 12 Exhibit C - Final Draft RFP 2025 accordance with the metrics below. The exception is sewer televising if the weather conditions will result in fogging. (M)

b. Sewer System Emergencies: Failure to respond to a blockage, collapse, or any other Emergency in or adjacent to a sewer, manhole, structure or conveyance facility within one hour of notification will result in a HIGH fee reduction. (M)

c. Intercepting Structure/Diversion Structure Cleaning: Failure to clear blockages or debris that results in diversion of sewage from IS/DS sites within 3 business days of receiving a CM work order is in the CUMULATIVE category and will result in one point per day beyond 3 days. (M)

d. Siphon Cleaning: Failure to clear partial blockages and debris from siphon risers, drop shafts or barrels within 14 calendar days of identifying the issue is in the CUMULATIVE category and will result in one point per day beyond 14 days.

Failure to respond to a complete blockage within one hour of notification will result in a HIGH fee reduction. (M)

e. Drop Cleaning: Failure to clear blockages and debris from drop connections within 14 calendar days of identifying the issue is in the CUMULATIVE category and will result in one point per day beyond 14 days. (M)

f. Access Hatches: Failure to respond to an Emergency situation at an access hatch within one hour of notification will result in HIGH fee reduction. (M)

g. Control Site Repairs: Failure to complete Control Site repairs within 3 days from identification is in the CUMULATIVE category and will result in one point per day of delay. Control Sites are identified in Exhibit A, Table A-8. (M)

Failure to complete Control Site repairs within one day when there is pending wet weather will result in a HIGH fee reduction. (M)

h. Monitoring Site Repairs: Failure to complete Monitoring Site repairs within 10 business days from identification is in the CUMULATIVE category and will result in one point per day. Monitoring Sites are identified in Exhibit A, Table A-9. (M)

i. Weather and Water Quality Monitoring Site Repairs: Failure to complete Weather and Water Quality Monitoring Site repairs within 10 business days from identification is in the CUMULATIVE category and will result in one point per day. Weather and Water Monitoring Sites are identified in Exhibit A, Table A-12. (M)

7. WRF and Field Sites Preventive Maintenance Standards

a. General: All PM work order scheduled dates must be scheduled on a routine calendar basis unless otherwise approved by the District. For example, a monthly PM must be scheduled for the same date every month and cannot change unless approved by the

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District. Special schedules may be allowed for annual and bi-annual maintenance on equipment such as dryers and basins. Completion of PM work orders is subject to the standards and fee reductions listed below.

b. Daily: All daily checks, inspections and work orders must be done every day and scheduled appropriately 24-hours apart.

Failure to complete daily checks every day is in the CUMULATIVE category and will result in one point per day of non-compliance. (M)

c. Weekly: All weekly checks, inspections, and work orders must be done on the same day each week.

Failure to complete weekly checks within one day (+/-) of the scheduled date is in the CUMULATIVE category and will result in one point per week of noncompliance.

(M)

d. Monthly and Bi-Monthly: All monthly and bi-monthly work orders must be completed within the same 7-day period each month (e.g. work completed between the 1st and 7th, between the 8th and 14th, between the 15th and 21st, or between the 22nd and end of the month).

Failure to complete monthly or bi-monthly work orders within the 7 day period is in the CUMULATIVE category and will result in one point per day outside of the 7 day period. (M)

e. Quarterly: All quarterly work orders must be completed within (+/-) one week of the scheduled date.

Failure to complete quarterly work orders within one week of the scheduled date is in the CUMULATIVE category and will result in three points per week outside of the allowable period. (M)

f. Semi-Annual: All semi-annual work orders must be completed within (+/-) one month of the scheduled date.

Failure to complete semi-annual work orders within one month of the scheduled date is in the CUMULATIVE category and will result in five points per week outside of the allowable period. (M)

g. Annual: All annual work orders must be done within (+/-) 45 days of the scheduled date.

Failure to complete annual work orders within 45 days of the scheduled date is in the CUMULATIVE category and will result in five points per week outside of the allowable period. (M)

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h. Bi-annual: All bi-annual work orders must be done within (+/-) 3 months of the scheduled date.

Failure to complete bi-annual work orders within 3 months of the scheduled date is in the CUMULATIVE category and will result in five points per week outside of the allowable period. (M)

i. Less Frequent than Bi-Annual: All work orders with a frequency less than bi-annually must be done within (+/-) 6 months of the scheduled date.

Failure to complete less frequent work orders within 6 months of the scheduled date is in the CUMULATIVE category and will result in five points per week for the period outside of the allowable period. (M)

8. WRF and Field Sites Corrective Maintenance Metrics

a. Emergency CMs For Level A or Level B CM for equipment or Facilities in an Emergency state (e.g.

spills, gas leaks), Company shall:

i. Put work order into the CMMS system.

ii. Work on CM continuously until the Emergency state is resolved.

iii. Failure to respond within one hour and continuously work on the CM until the Emergency is resolved will result in a HIGH fee reduction per emergency work order. (M)

b. Level A CM Level A CM metrics, other than Emergencies, will be evaluated at the end of each calendar month for the Level A CM work orders that are closed within that month.

i. For CMs that are for equipment or facilities that are for environmental, safety or functional failures, the CM work orders will:

1. Have a mean time to repair (MTTR) of 21 days or less for criticality 3 or higher Assets.

2. Have a MTTR of 60 days or less for Assets with a criticality lower than 3.

3. Not be individually be open longer than 180 days.

4. Not be closed prior to the problem that the CM work order was issued for being corrected, except as approved by the Maintenance Officer or Maintenance and Asset Management Committee.

5. Failure to meet any of the above standards is in the CUMULATIVE category and will result in five points per day for item 1 (MTTR 21 days), 3 points per day for item 2 (MTTR 60 days), one point per day for each work order in item 3 (180 days), Page 9 of 12 Exhibit C - Final Draft RFP 2025 and 10 points for each work order in item 4 (closing work order prior to correcting problem). (M)

ii. For CMs that are for equipment or facilities that are operational but functionally, economically or otherwise deficient and not performing within design parameters, the CM work orders will:

1. Have a mean time to repair (MTTR) of 60 days or less.

2. No such CM work orders shall individually be open longer than

270 days.

3. CM work orders shall remain open until the work is completed.

4. Failure to meet the above standards for items 2 and 3 is in the

CUMULATIVE category and will result in one point per day for each work order in item 2 (180 days), and 10 points for each work order in item 3. (M)

iii. Level A CM work orders needing parts having a lead time longer than 14 calendar days can have their completion time reduced by the number of days greater than 14 that was required to obtain the parts. This applies to both the MTTR calculation and the number of days open. (M)

c. Level B CM Other than for Emergencies, Corrective Maintenance Authorization Forms are to be submitted to the District for all Level B CM within 30 calendar days of identification of the issue.

i. Failure to submit the CM Authorization Form within 30 calendar days is in the CUMULATIVE category and will result in one point per day beyond 30 days. (M)

9. Biosolids Management

Failure to land apply cake that meets Class B Biosolids regulatory requirements within 365 days of the date it is placed in a bay is in the CUMULATIVE category and will result in one point per day. (O)

Failure to landfill cake that does not meet Class B Biosolids regulatory requirements within 60 days of lab results is in the CUMULATIVE category and will result in one point per day.

(O)

10. Service Disruptions due to lack of staffing

Shutting down any unit process that should be in operation that occurs due to lack of staffing will result in a HIGH fee reduction in addition to being a cause for termination of the Service Agreement. (O)

11. Odor Prevention and Response

a. Odor Mitigation Measures. Failure to: 1) monitor for weather conditions that are likely to result in odors impacting neighborhoods adjacent to the WRFs; 2) monitor

Page 10 of 12 Exhibit C - Final Draft RFP 2025 for major events (e.g. festivals); 3) monitor for odor impacts during Facilities outages and flow diversions; or 4) pre-emptively implement odor mitigation measures, resulting in odors over a significant area is in the CUMULATIVE category and will result in five points per occurrence. (O)

b. Investigate Odor Complaints: Investigate odor complaints within the standards established in the Odor Protocol.

c. Respond to Odor Complaints: Respond to the complaints and take corrective action pursuant to the standards established in the Odor Protocol.

d. Documentation of Odor Complaints: Document all odor complaints, investigations, and Company’s response using the District’s GIS-odor complaint reporting log.

Failure to follow the odor complaint process outlined in the Odor Protocol and submit the documentation to the reporting log is in the CUMULATIVE category and will result in five points for every missed instance. (O)

12. ISS Clamming Crane Operation

Failure to perform clamming crane operations as prescribed in Exhibit B is in the CUMULATIVE category and will result in one point per day for the monthly scheduled clamming or one point per day beyond 7 days after the conclusion of a wet weather event putting more than 50 million gallons into the ISS. (O)

13. SCADA System Operations

a. Failure to respond to SCADA system issues as defined in Exhibit B – Scope of Services Section 7(B)(a) is in the CUMULATIVE category and will result in one point per day beyond 24 hours. (O)

b. Failure to maintain backup programming or proper revision control for SCADA programs as defined in Exhibit B – Scope of Services Section 7(B)(b) is in the CUMULATIVE category and will result in one point per occurrence. (O)

14. Process Chemical Inventory

Failure to maintain the Process Chemical Inventory minimums listed in Exhibit L – INVENTORY is in the CUMULATIVE category and will result in five points per item that is below the minimum levels in a month.

15. Security Incidents

Failure to follow the requirements of Exhibit M, Sections B, C, and E is in the CUMULATIVE category and will result in five points per occurrence. (O)

16. Cybersecurity Failure to remedy a cybersecurity deficiency as set forth in Exhibit M, Section F within 30 days after notice from the District is in the CUMULATIVE category and will result in one point per day beyond 30 days. (O)

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If a cybersecurity breach occurs due to an identified and unremedied cybersecurity incident there will be a HIGH fee reduction in addition to any actual damages sustained by the District caused by the cybersecurity incident. (O)

17. D&D Housekeeping

Failure to remedy dust-related D&D and silos housekeeping noncompliance within five days of notification from the District will result in a HIGH fee reduction. The remedy must, at a minimum, bring the area into compliance with OSHA dust standards. (O)

18. Capital Program Support

The Company’s performance of the Capital Program Support requirements of the Service Agreement and Exhibit B shall be evaluated by the District in March of 2029, 2031, 2033, 2035 and 2037. If the evaluations conclude, by written report to the Executive Committee, that these requirements are not being met, there will be a HIGH fee reduction and the Company is required to provide a written plan to the Executive Committee for returning to compliance. (E)

19. Training

The Company’s performance of the training requirements of the Service Agreement and Exhibit B shall be evaluated by the District in April of 2029, 2031, 2033, 2035 and 2037. If the evaluations conclude, by written report to the Executive Committee, that these requirements are not being met there will be a HIGH fee reduction and the Company is required to provide a written plan to the Executive Committee for returning to compliance.

(E)

20. Procurement Procedures

The Company’s compliance with the procurement requirements of Exhibit G where required shall be evaluated by the District in October of 2028, 2030, 2032, 2034 and 2036. If the evaluations conclude, by written report to the Executive Committee, that these requirements are not being met there will be a HIGH fee reduction and the Company is required to provide a written plan to the Executive Committee for returning to compliance. (E)

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21. Workforce Development

The Company’s performance of the workforce development requirements of the Service Agreement and Exhibit B shall be evaluated by the District in November of 2028, 2030, 2032, 2034 and 2036. If the evaluations conclude, by written report to the Executive Committee, that these requirements are not being met there will be a HIGH fee reduction and the Company is required to provide a written plan to the Executive Committee for returning to compliance. (E)

22. Community Outreach

The Company’s performance of the Community Outreach requirements of the Service Agreement and Exhibit B shall be evaluated by the District in May of 2029, 2031, 2033, 2035 and 2037. If the evaluations conclude, by written report to the Executive Committee, that these requirements are not being met there will be a HIGH fee reduction and the Company is required to provide a written plan to the Executive Committee for returning to compliance. (E)

23. CMMS Implementation, Management and Use

The Company’s performance of the CMMS requirements of the Service Agreement and Exhibit B shall be evaluated by the District in September of 2028, 2030, 2032, 2034 and 2036. If the evaluations conclude, by written report to the Executive Committee, that these requirements are not being met there will be a HIGH fee reduction and the Company is required to provide a written plan to the Executive Committee for returning to compliance.

(E)

III. Performance Incentives

Performance incentives will be paid when work performed meets the following criteria:

There will be a performance incentive of $250,000, paid following the completion of a Contract Year if the Company had at least eight months in which it both: had no HIGH fee reductions and did not accumulate more than 35 points in the CUMULATIVE category in an individual month.