The URL can be used to link to this page

Home My WebLink AboutContract 214010 -f1 ] l 7 l l l ] } I l 1 -1 1 1 1 I -., 02 EXECUTE!:> .. r -· COPY Special Contract Documents L CIT{ for SECRETAPY FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS l l,, I '-vi IL. l~n ( CONTRACT NO I D _ Village Creek Wastewater Treatment Plant Sewer Project No. PS46-070460300060 Prepared By: Halff Associates, Inc. Engineers • Scientists • Surveyors 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 (817) 847-1422 AVO 14459 July 1995 ~ /()/t 45 City of Fort Worth, Texas Mayor and Council Communication DATE I REFERENCE NUMBER I LOG NAME I PAGE 09/26/95 . **C-15044 60SLUDGE 1 of 2 SUBJECT AWARD OF CONTRACT WITH OSCAR RENDA CONTRACTING INC. FOR FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS (SLUDGE) FROM DRYING BEDS AT VILLAGE CREEK WASTEWATER TREATMENT PLANT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Oscar Renda Contracting Inc., for the further Processing, Removal and Reuse of Biosolids from the Drying Beds at Village Creek Wastewater Treatment Plant on the low bid of $1,350,930.00. DISCUSSION: Fort Worth has had a continuing policy of beneficial reuse of sludge since the 1920's. Changes in EPA policies during the 1970's and 1980's discouraged land application of sludge without extensive additional processing. In response, the City developed a plan for sludge burial at the Sludge Only Landfill (SOL) as a long-term solution. However, EPA's policies evolved during the 1980's to encourage benefic ial reuse over landfilling of sludge. Fort Worth responded to that shift in policy by modifying plans for the SOL to include dewatering , further processing and beneficial reuse on agricultural lands which is a more cost effective process. In 1 989-91, a short term contract for the privatized operation of dewatering facilities and beneficial reuse of sludge through land application processed approximately 40% of daily sludge production. The success of the program led to City Council approval of contract extensions with increasing sludge amounts in 1992 and 1993. In 1993, a contract was awarded to develop for a five year operational contract for dewatering and disposal which included construction of a permanent facility for dewatering. The project was completed in early 1995 and since April 1st, 1995, 100 percent of sludge generated at the plant has been dewatered, processed and beneficially reused. No sludge has been pumped to drying beds since April 1, 1995. While the amount of sludge being placed in the drying beds was greatly reduced since the dewatering and reuse contract in 1991, the drying beds continued to accommodate some of the sludge not handled by the contract. There is approximately 500,000 cubic yards of sludge remaining in the drying beds and adjacent stockpiles. The Water Department plans to beneficially reuse the remaining sludge by issuing a series of approximately 100,000 cubic yard contracts over the next 5 years. City of Fort Worth, Texas Mayor and Council Communication DATE I REFERENCE NUMBER I LOG NAME I PAGE 09/26/95 . **C-15044 60SLUDGE 2 of 2 SUBJECT AWARD OF CONTRACT WITH OSCAR RENDA CONTRACTING INC. FOR FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS (SLUDGE) FROM DRYING BEDS AT VILLAGE CREEK WASTEWATER TREATMENT PLANT On January 31, 1995 (M&C C-14661) the City Council authorized the execution of amendment #3 to the engineering contract (M&C C-13000), City Secretary Contract No. 18675 with Halff Associates Inc., for the development of contract documents for "Further Processing, Removal and Reuse of Biosolids (sludge) from Drying Beds. The project will involve further processing of the stockpiled sludge which will permit it to be hauled to permitted sites for land application. Bids were advertised and opened on August 31, 1995. Oscar Renda Contracting, Inc. was the only bidder to submit a bid which was $1,350,930.00. The engineer's estimate was $1,500,000.00 Oscar Renda has complied with the City's M/WBE Ordinance, by committing to 35.6% M/WBE participation. The goal established on this contract was 30%. FISCAL INFORMATION/CERTIFICATION: The Director of the Fiscal Services certifies that funds required for this contract are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. MG:a ' Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: -- Lee Bradley , Jr. 8207 (from) SEP 26 1995 PE45 539120 0705002 $1 ,350 ,930.00 ~~~ For Additional Information City Secretary of the Contact: City of Fort Worth, Texas Lee Bradley, Jr. 8207 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT VILLAGE CREEK WASTEWATER TREATMENT PLANT FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS PROJECT NO. PS46-070460300060 808 TERRELL CITY MANAGER RECOMMENDED 1995 LEE C. BRADLEY, JR. ACTING DIRECTOR WATER DEPARTMENT Robert T. McMillan, Water Pollution Control, Water Department APPROVED APPROVED ADDENDUM NO. 1 TO SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SPECIAL CONTRACT DOCUMENTS SEWER PROJECT NO. PS46-070460300060 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS August 7, 1995 TO: PROSPECTIVE BIDDERS AND PLAN HOLDERS The Special Contract Documents are hereby revised to as follows: 1. Measurement and Payment for Further Processing and for Removal and Reuse of Biosolids from Drying Beds has been changed from a cubic yards basis to a dry ton basis. 2. Use of Biosolids as a landfill cover is not acceptable. 3. Add Part D, Table of Contents and revise the second paragraph of Part D, Item D-9. Accordingly the following modifications, clarifications, additions, or deletions shall be made to the appropriate sections of the specifications and plans and shall become a part of the Contract Documents. Item 1-1 -PART B -PROPOSAL, Pages B-1 Delete Pages B-1 in its entirety and replace with revised "PART B -PROPOSAL" Page B-1 attached to this addendum. Item 1-2 -PART D -SPECIAL CONDITIONS Add Part D -Special Conditions, Table of Contents to the Specifications and Contract Documents. Item 1-3 -PART D -SPECIAL CONDITIONS Delete Page D-9 in its entirety and replace with revised "PART D -SPECIAL CONDmONS" Page D-9 attached to this addendum. ADDENDUM NO. 1 -Page 1 Item 1-4 -PART E -IBCHNICAL SPECIFICATIONS -SECTION 13001 -FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS, Pages 1 through 10 Delete Section 13001, Further Processing, Removal and Reuse of Biosolids from Drying Beds in its entirety and replace with revised "SECTION 13001 ", Pages 1 through 10 attached . THIS ADDENDUM IS MADE AP ART OF THE SPECIFICATIONS AND CONTRACT DOCUMENTS AND SHALL BE ·ACKNOWLEDGED ON THE PROPOSAL ON THE APPROPRIAIB PAGE. END OF ADDENDUM NO. 1 City of Fort Worth Water Department 1000 Throckmorton Street P .O. Box 870 Fort Worth , Texas 76101 (817) 277-7591 ADDENDUM NO. 1 -Page 2 - iilill PART B -PROPOSAL TO: Bob Terrell City Manager Fort worth, Texas PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary appurtenances and incidental work to provide a complete and operable project designated as: Further Processing, Removal and Reuse of Biosolids from Drying Beds Project Number PS46-070460300060 Pursuant to the foregoing Notice to Bidders, the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents and the General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions hereby proposes to do all the work, . furnish all .the labor, equipment and material, except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the plans and contract Documents and subjec·t to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Item No. 1. 2 . Approx . Quantity 118,000 D.T. 118,000 D.T. Description of Items With Bid Prices Written in Words For Further Processing of Class "A" Biosolids from the Village Creek Wastewater Treatment Plant Drying Beds, Complete for the Sum of; Unit Price ______________ Dollars & $ ___ _ ___________ Cents per Dry Ton For Removal and Reuse by Approved Means of Class "A" Biosolids from the Village Creek Wastewater Treatment Plant Drying Beds, Complete for the Sum of; Dollars & $ ------------------ ___________ Cents per Dry Ton Total Amount $ ____ _ $ ____ _ TOTAL BID $ __________ _ B-1 ADDENDUM NO. 1 -PARTD SPECIAL CONDITIONS ..I Item I Description Page D-1 General D-1 D-2 Project Description and Location D-1 D-3 Project Coordinator D-2 D-4 Definitions D-2 D-5 Specifications References D-4 D-6 Physical Conditions -Surveys and Reports D-4 D-7 Interpretation of Requirements D-4 D-8 Interpretation of Phrases D-4 D-9 Equal Employment Provisions D-4 D-10 Wage Rates D-5 D-11 Modifications to General Conditions D-5 D-12 Payment for Sludge Removal and Reuse D-8 D-13 Adjacent Facilities and Properties D-8 D-14 Proposal (Bid) Prices D-8 D-15 Subsidiary Work D-8 -D-16 Time of Completion and Liquidated Damages D-8 D-17 Final Acceptance D-10 D-18 OSHA Standards D-10 D-19 Discharge Permits D-10 D-20 Right of Access to Project D-10 D-21 Access to Drying Beds and Project Site D-10 liiiiil D-22 Use of Owner's Premises D-11 D-23 Coordination of Contractors and City D-11 D-24 Notification by Contractor D-11 D-25 Resident Engineer D-12 D-26 Project Superintendent D-12 D-27 Subcontractor Experience D-12 D-28 Contractor's Office D-12 D-29 Sanitary Provisions D-12 D-30 Project Sign D-12 D-31 Contractor Modification Request/Proposed Contract Modification D-13 D-32 Project Information Request D-13 D-33 Record Documents D-13 D-34 Existing Utilities D-13 D-35 Worker's Compensation Insurance D-14 D-36 Addenda D-17 D-37 Termination D-17 D-38 Hazardous and Toxic Materials D-17 D-39 Age D-17 D-40 Disability D-18 D-41 Indemnification D-18 D-42 Project Budget D-18 D-43 TNRCC Rules D-18 D-44 Funding and Non-Appropriation D-18 - ADDENDUM NO. 1 - - - - PART 1 SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS GENERAL 1.1 SCOPE OF WORK A. The CONTRACTOR shall furnish all labor , materials , equipment, and related items necessary to perform all duties, including, but not necessarily limited to further processing, loading , transporting, and reuse of biosolids. This work will be completed in accordance with the specifications , drawings, contract documents , and the regulations of all state, federal , and local agencies having jurisdiction. 1.2 CONTRACTOR 'S RESPONSIBILITIES A. The CONTRACTOR is responsible for determining his method of biosolids loading , transporting and reuse. The CONTRACTOR may reuse the biosolids using any method acceptable to the OWNER and in compliance with federal, state and local regulations except: 1. Disposal in a landfill or use as a landfill cover. 2. Any type of commingling with any other sludge. 3. Filling of gravel pits, rock quarries or excavated pits of any type. 4 . • Marketing and distribution of biosolids to the general public . 5. Any method with the potential to contaminate an aquifer. B . The CONTRACTOR shall compile an Operating Plan and submit to the OWNER within ten (10) days after the Notice to Proceed. The Plan shall be a complete and detailed description of his proposed work methods, including but not limited to: 1. Listing of all areas, individuals. or entities to receive biosolids and landowner's written consent to use land 2. Traffic Control Plan (on-site and off-site) 3. Emergency Spill Response Plan, and Spill Prevention Plan 4. Insect Control Plan 5. Dust Control Plan SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 1 ADDENDUM NO. 1 - - - - - iiiil liil G. In reusing biosolids, the CONTRACTOR will only be allowed to apply, incorporate or dispose the OWNER'S biosolids and will not be allowed to add any other biosolids or waste material to the land. • H. The CONTRACTOR shall ensure that site where the OWNER'S biosolids are applied, incorporated or reused has not received any biosolids or waste material prior to applying, incorporating or disposing the OWNER'S biosolids . I. Upon completion of the project, the CONTRACTOR shall demobilize, blade the site of the stockpile to a smooth finish at the pre-stockpile grades and otherwise restore the stockpile area to pre-construction conditions . The slopes of any portion of the stockpile not removed shall be dressed to uniform slope by blading. K. The CONTRACTOR will not be allowed to commingle, mix , and/or combine any solid waste/sludge or biosolids with the OWNER'S biosolids, except for OWNER approved non-putresible material and non-household wastes such as wood chips or other similar .material. L. The CONTRACTOR shall observe the rules and regulations of the State of Texas and agencies of the U.S Government prohibiting the pollution of any lake, stream , river, or wetland by dumping of any refuse, rubbish, dredge material, or debris therein . The CONTRACTOR is specifically cautioned that disposal of materials into any waters of the State must conform to the requirements of the Texas Natural Resources Conservation Commission and applicable permits from the U.S. Army Corps of Engineers, the City of Fort Worth, the County of Tarrant, or any government agency -having jurisdiction. M. The CONTRACTOR shall abide by the Texas Air Contro_l Board and _shall obtain all applicable permits required· by the Board. Air pollution shall be minimized by wetting down haul roads for dust control, and by requiring the use of properly operating combustion emission control devices on construction vehicles and equipment used by CONTRACTOR, and requiring the shutdown of motorized equipment not actually in use. All unpaved streets, roads, detours, or haul roads used shall be given a dust- preventive treatment or periodically watered to prevent dust. Applicable environmental regulations for dust prevention shall be strictly enforced. 1.3 OWNER 'S GUARANTEE A. The OWNER guarantees that the biosolids to be reused: 1. Are not subject to any special disposal requirements under state and local law comparable to the disposal requirements prescribed by federal law for wastes within the terms of the Federal Resource Conservation and Recovery Act or Section 405 of the Federal Clean Water Act. SECTION 13001 FURTIIER PROCESSING , REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 3 ADDENDUM NO. 1 - - - - - - liiiiill 2. Conform to numerical criteria for metals listed in Tables 1 and 3 of paragraph 503.13 of 40 CFR 503 . 3. Meet the pathogen reduction and vector attraction requirements for a Class "A" sludge. 1.4 SAMPLING AND ANALYSIS A. The OWNER has the right to take samples from the CONTRACTOR'S operation at any time an place. This includes sampling at the stockpile, from vehicles transporting solids and at the final disposal sites. 1.5 SUBMITIALS A. The CONTRACTOR shall submit to the ENGINEER all information in accordance with procedures set forth in Section 01300, SUBMITTALS. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 FURTHER PROCESSING OF BIOSOLIDS A. All biosolids shall be further processed before transportation such that all rubber, plastic, glass, debris, or trash is no larger than one-half (1/2) inch in any dimension. Further processing will involve grinding or shredding and screening through use of soil shredders, particleizers, hammer mills or other appropriate equipment and screens. B. Details describing the means, procedures and equipment to further process biosolids shall be submitted as part of the Operating Plan in accordance with Section 01300, Submittals. 3.2 BIOSOLIDS TRANSPORT A. All biosolids shall be transported from the project site in a manner acceptable to and approved by the OWNER. B. The CONTRACTOR's construction traffic shall not obstruct or interfere with OWNER'S operations. Trucks shall adhere to all posted bridge load limits and other requirements as specified in local highway regulations and shall travel on state and federal highways as much as possible. The CONTRACTOR shall obtain written approval from county authorities, a minimum of seven days in advance, prior to using county roads for biosolids hauling. SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 4 ADDENDUM NO. 1 - - - - - - 6. Odor Control Plan 7. Schedule of Operations (hours per day, days per week, whether work will be conducted outside of normal working days and estimated time of completion). 8. Public Relations Program 9. Overall Project Management 10. Equipment Requirements including Truck Scale 11 . Steps to achieve regulatory agency compliance and listing of regulatory constraint compliance. 12. Biosolids transport methods 13. Biosolids reuse methods 14. Means, procedures, and equipment to further process biosolids 15. Safety Plan 16. Plan for distribution and marketing. C . The CONTRACTOR has the sole responsibility for maintaining the biosolids in a condition meeting the requirements for pathogen and vector attraction reduction for a Class "A" sludge throughout the CONTRACTOR'S disposal operation. The CONTRACTOR shall provide the OWNER with written information setting forth verification of this responsibility. The CONTRACTOR shall abide by all requirements of 31 TAC312.4 7 Record keeping and provide copies of all records and certifications to the OWNER prior to completion of the Work. D . The CONTRACTOR shall familiarize himself with all applicable State and Federal flood plain regulations and how they relate to this work. E . . Biosolids shall be considered reu sed of when they have been placed or spread in their final location. Stockpiled or stored biosolids shall not be considered as "reused". F. Temporarily stored or stockpiled biosolids at non-project sites must be reused within a thirty (30) day period from the time of transport. Permanent biosolids storage or stockpiling will not be allowed . Payment will not be made for temporarily stored or stockpiled biosolids at non-Project Sites until the biosolids have been placed or spread in their final location. SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 2 ADDENDUM NO. 1 - - liiiil - Completion Schedule The CONTRACTOR accepts this Contract with the understanding that within three hundred (300) calendar days from the date set forth in the Notice to Proceed for the authorization to start work the CONTRACTOR shall complete all mobilization and installation of eqwpment, complete all testing and startup; and shall begin work, which includes, but is not limited to, further processing, transporting, and disposing by OWNER approved means of Class "A" Biosolids from Sludge Stockpile No. 12 located in the drying bed area as set forth herein and as set forth in the Specifications. Upon completion of said mobilization, installation of equipment, etc., and testing and start up, the CONTRACTOR shall provide a written notice to the OWNER, for OWNER's approval and signature, that the CONTRACTOR is ready to begin the said work on the date set forth in the written notice. The CONTRACTOR accepts this Contract with the understanding that the CONTRACTOR shall continue said work and disposal of all sludge in stockpile #12 at the drying bed as set forth in the Specifications for 300 calendar days from the date set forth in the written notice provided to and approved by the OWNER indicating the CONTRACTOR is ready to begin work. Upon completion of the project, the CONTRACTOR shall demobilize, remove and repair all fences, eqwpment and items not to be owned by OWNER, utilities, paved surfaces, etc., and as designated by the OWNER, to restore on-site (Project Site) and offsite (non-Project Site) properties to original pre-work conditions within 30 days after final acceptance of the further processing, transportation and disposal by OWNER approved means . Liquidated Damages Recognizing that further processing and disposal of biosolids is a responsibility of the CONTRACTOR incurred upon acceptance of the biosolids from the OWNER and that temporarily storing biosolids at non-Project Site(s) would cause the OWNER to incur additional costs in the event of CONTRACTOR default, the OWNER will deduct the sum of two thousand dollars ($2,000), not as a penalty, but as liquidated damages for each day or portion thereof during which the CONTRACTOR maintains the temporary storage of biosolids (whether for further processing, safe keeping, stockpiling, etc.) at non-Project Site(s) which exceeds a total volume of five thousand (5,000) cubic yards of biosolids, for all combined non-Project Sites. The OWNER may elect to verify the volume of biosolids stored for processing and/or temporary storage at non-Project Site(s) at any time . Should such verification indicate a total stored volume to be in excess of five thousand (5,000) cubic yards, the OWNER will charge to the CONTRACTOR all costs for such verification. Verification by the OWNER of volumes less than five thousand (5,000) cubic yards shall not be charged to the CONTRACTOR. If the CONTRACTOR can completely dispose of those biosolids stored (whether for processing, safe keeping, stockpiling, etc.) at the Project Site and/or the non-Project Site(s) for which liquidated damages were imposed, then the OWNER will return eighty percent (80%) of the monies deducted for liquidated damages for those biosolids upon complete disposal of those biosolids. ADDENDUM NO. 1 D-9 - liiil - 3.3 BIOSOLIDS REUSE A. The CONTRACTOR shall provide and be responsible for the means of reuse including developing all markets, securing and obtaining all approvals for land required, responding to all complaints, and all else necessary to reuse the biosolids in an environmentally sound and satisfactory manner acceptable to and approved by the OWNER. B . Biosolids reuse shall be in accordance with applicable City, County, State, and Federal regulations, and any other authority having jurisdiction over the project. C. To reuse biosolids by the land application method, the CONTRACTOR will be responsible for the following: 1. Assist the OWNER in submitting a complete "Notification Form" to the TNRCC Permitting Section of the Watershed Management Division of all registered and . proposed land application sites by providing the following information in a timely manner. a. Name, address, and telephone number of all persons who receive biosolids. b. Methods of distribution, handling, and transportation of sewage sludge. c. A description of any proposed temporary storage and the methods which will be employed to prevent surface water runoff of the sewage sludge or contamination of ground water. 2. Obtain all land application agreements from landowners . 3. Assist the OWNER by providing information for the preparation of an annual report to TNRCC on September 1 and/or at the completion of the project. Such report will be prepared on forms furnished by TNRCC and will describe all activities described Paragraph C. l.a through c above. The report shall include an update of new information since the prior report or notification was submitted and all newly proposed activities. The report shall also include a description and the annual amounts of s~wage sludge provided to each receiver. 4. Preparation of a form showing the next week's projected hauling schedule including site identification shall be submitted to the OWNER seven (7) days in advance. An updated final form showing the next week's hauling schedule including site identification shall be submitted to the OWNER no later than the afternoon of the preceding work day or by 8:00 a.m. the next regular work day for that week 's application. 5. Preparation of Progress Reports and quantity charts shall be made on a bi-weekly SECTION 13001 FURTIIBR PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 6 ADDENDUM NO. 1 - - - - - basis at a regular day and time to be specified by the OWNER. D. The CONTRACTOR shall submit all certification statements required by EPA and TNRCC rules and regulations . 3.4 HAUL ROADS AND TRAFFIC CONTROL A. All haul roads, temporary or permanent, at the project site and reuse sites shall be maintained by the CON1RACTOR, and at completion time be returned to a condition equal to or better than original condition , at the CONTRACTOR 's expense. B . Haul roads shall be watered down for dust control as needed using potable grade water, or as directed by the OWNER. C. The CONTRACTOR shall control traffic and maintain traffic safety in accordance with an approved Traffic Control Plan, and shall post temporary speed limit signs onsite . D . Prior to commencing biosolids transport, the CONTRACTOR shall prepare a traffic control plan and obtain OWNER 's approval for onsite traffic and obtain the appropriate agency 's approval for City , County, and State, where applicable , for offsite traffic. The traffic control plan shall as a minimum address : 1. Onsite/offsite circulation showing the use of existing onsite and offsite roads ; any temporary roads to be constructed by the CONTRACTOR. 2 . An overall traffic and vehicular safety plan and a specific method to control traffic at the entrance to each project site . 3 . Control traffic off site . E . Traffic plans shall be in accordance with applicable City, County and State laws for offsite traffic. F. The CONTRACTOR shall take precautions to prevent injury to the public due to his operation both on an off the project site . The CONTRACTOR shall be fully responsible for damage or injuries associated with his operations . G . The CONTRACTOR shall schedule hauling times to avoid times when major industries along the routes, such as Bell Helicopter, are undergoing shift changes. 3.5 PUBLIC RELATIONS PROGRAM PLAN A. The CONTRACTOR shall be responsible for initiating and maintammg good public relations . All informational meetings, public notices, hearings and relations with the media will be in cooperation with the OWNER. Before actual hauling and reuse operations commence, the CONTRACTOR shall prepare a public relations program plan and shall SECTION 13001 FURTHER PROCESSING , REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 7 ADDENDUM NO . 1 - - - - - - - - - - - 3. Agricultural Liaison -Provide a detailed description of methods to ensure the support and cooperation of farmers in the land application program. 4. Implementation -Describe in detail and provide documentation of the techniques for developing and maintaining a successful public relations program geared specifically to agricultural land application. E . The CONTRACTOR must provide a public relations program which includes the technical resources necessary to provide long-term community acceptance for the land application program . F. The CONTRACTOR shall submit the Public Relations Program Plan to the OWNER for approval as part of the Operating Plan. G. Before the CONTRACTOR proceeds with any phase of the plan, and parti~ularly prior to conducting any meetings, media relations , hearings, public notices and publishing an distributing any literature, the CONTRACTOR shall obtain the OWNER' s approval and determine whether OWNER desires to accompany CONTRACTOR while conducting any public relations . 3.7 OPERATIONS A. If a conflict occurs between this CONTRACTOR and the daily operations of plant or drying beds, the plant operation and/or drying beds shall have preference . B . Prior to completion of Work, the OWNER may begin stockpiling operations on portions of the site adjacent to Work or in portions of the stockpile area that have been removed by the CONTRACTOR The CONTRACTOR shall therefore remove biosolids completely from top to bottom of the stockpile, progressing from south to north. 3.9 MEASUREMENT AND PAYMENT A. Measurement for both Further Processing of Class "A" Biosolids and for Removal and Reuse by Approved Means of Class "A" Biosolids shall be on a per dry ton basis . Measurement shall be accomplished by measuring the actual weight of wet stockpiled sludge and then determining its equivalent dry weight of solids. 1. The CONTRACTOR shall furnish a certified truck scale for establishing empty truck tare weights and for weighing every loaded truck. 2. The weight of wet stockpiled sludge shall be determined by the CONTRACTOR. The CONTRACTOR will establish a validated empty tare weight for each truck and a weigh ticket will be issued for that tare weight. The empty tare weight for each truck will be periodically verified and adjusted as required. The OWNER will have the right to require the verification of empty tare weight of any truck at any time. SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 9 ADDENDUM NO. 1 - - - - - - - - - - - - - - - - - ADDENDUM NO. 2 TO SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT PLANT SPECIAL CONTRACT DOCUMENTS SEWER PROJECT NO . PS46-070460300060 FURTHER PROCESSING , REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS August 24 , 1995 TO : PROSPECTIVE BIDDERS AND PLAN HOLDERS Item 2-1 -PART B -PROPOSAL, Page B-1 Delete Page B-1 in its entirety and replace with the revised "PART B -PROPOSAL ", Page B-1 attached to this addendum. Item 2-2 -PART D -SPECIAL CONDITIONS , Item D-4, Definitions , Page D-2 Revise Paragraph 2. of Item D-4, Definitions , to read as follows: 2. The term(s) "Biosolid(s)", Class "A", Class "A" Sewage Sludge", or similar words are all one and the same and shall mean sewage sludge meeting Class 'Ji" pathogen reduction requirements set forth in 40 Part CFR and 30 TAC Chapter 312 . Item 2-3 -PART D -SPECIAL CONDITIONS, Item D-16 , Time of Completion, Page D-9 Revise the first paragraph of Completion Schedule to read as follows: The CONTRACTOR accepts this Contract with the understanding that within three hundred thirty (330) calendar days from the date set forth in the Notice to Proceed for the authorization to start work the CONTRACTOR shall complete all rrwbilization and installation of equipment, testing and start-up ; and shall complete all work, which includes , but is not limited to , further processing , transporting and disposal by OWNER approved means all of Class 'Ji" Biosolids from Sludge Stockpile No. 12 located in the drying bed area as set forth herein and as set forth in the Specifications. Delete the second and third paragraphs of Completion Schedule. ADDENDUM NO. 2 -Page 1 - - lliiiil - - 1. The CONTRACTOR shall limit the use of all equipment to prevent the equipment from exceeding the load limits posted as acceptable to roadways used, whether onsite or off site or public or private. Where it becomes necessary to improve any roadways to accommodate CONTRACTOR' s loads , CONTRACTOR shall either provide such improvements at his sole expense without additional reimbursement from the OWNER or restrict his loads to within acceptable limits. Any expenses for roadway testing, investigating, improving and repairing will be considered subsidiary to the CONTRACTOR' s work and must be included in the Bid (Proposal). C. All transportation of biosolids or other material shall be done in vehicles or equipment which contain the solids or other material in a manner to preclude the possibility of dripping , spillin g, scattering , leaking or blowing . Biosolids shall be transported in sealed tank bodies or in open trucks with watertight beds and sealed gates , and fitted with splash covers and baffles to prevent spills resulting from wave action in the event of emergency stops. The gates shall be fitted with a minimum of four manually operated turnbuckles to avoid accidental opening while in transit. For trucks that facilitate unloading by dumping through a tailgate, a continuous one piece rear mud flap shall be installed the width of the truck to prevent sludge from flowing under the truck and accumulating on the tires and undercarriage during unloading . The CONTRACTOR shall be totally responsible to see that no truck shall leave the site in an overloaded condition with respect to both weight and volume. D . Cleanup of spilled biosolids and/or end products shall be provided by the CONTRACTOR at the project site, anywhere in transit, and at the reuse site . All spills or tracking of biosolids af the project sites , in transit to reuse sites or at the reuse sites are the responsibility of the CONTRACTOR and are to be cleaned up immediately. 1. The CONTRACTOR shall furnish necessary equipment such as a water tank and spray truck to facilitate the cleaning of hauling and spreading equipment and cleaning of roadways. All hauling and spreading equipment shall be washed down before loading and also at spreading sites, if necessary, to prevent tracking of biosolids. E . Should mishaps occur for any reason, the CONTRACTOR shall immediately put into force the emergency spill response plan. The CONTRACTOR shall be responsible for cleaning up any such biosolids or other materials . F . The CONTRACTOR shall obtain all necessary permits and pay all required fees of the Texas Natural Resource Conservation Commission or other federal, state, or local agencies, as required, for the collection, transport and land application of a Class "A" sludge. SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 5 ADDENDUM NO. 1 - - - - - - - liiiit - - - - - - - - 3. All loaded solids hauling trucks shall be weighed by certified scales provided by the CONTRACTOR. A weigh ticket will be issued and copies of the tickets will be provided to the OWNER, with each pay estimate. 4. The CONTRACTOR shall have an independent laboratory certify the scale's accuracy, and provide OWNER with copies of the written certification. The scales shall be certified at the site after installation at the beginning of the work and once every three months thereafter for the duration of the project. The duration between certified tests shall be at least ten (10) weeks. 5. On Monday of each week, a sample of wet stockpiled sludge will be obtained from one of the trucks by the CONTRACTOR in the presence of the OWNER and the solids content determined by the CONTRACTOR using a microwave solids analyzer. The Microwave solids analyzer will be provided by the CONTRACTOR and analysis performed by the CONTRACTOR or by an OWNER approved independent laboratory. Solids Analysis will be determined by Standard Methods. A print out of the solids analyses will be furnished to the OWNER weekly . The solids content resulting from this test will used to determine solids content for all sludge removed during the week of the test. The OWNER reserves the right to split the sample and to independently verify solids content. 6. At the end of the month, the weigh tickets and solids content analyses will be used to determine the dry weight tons of solids further processed, removed and reused. 7. CONTRACTOR shall obtain OWNER'S approval of a sampling method to assure a representative sample. B. Payment for "Further Processing" of Class "A" Biosolids shall be on dry ton basis for biosolids further processed. C. Payment for "Removal and Reuse" of Class "A" Biosolids shall be on a dry ton basis for biosolids removed and reused. Such payment shall include loading , transporting and reuse of biosolids as well as all required fees of the Texas Natural Resource Conservation Commission or other Federal, State, or Local agencies, as required, for the collection, processing, transport and land application or other beneficial reuse options of Class "A" sludge (biosolids). Payment will not be made for temporarily stored or stockpiled biosolids at non-Project Sites, until the biosolids have been placed or spread in their final location. END OF SECTION SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 10 ADDENDUM NO. 1 - - - - - - - - make this information available to the OWNER to show CONTRACTOR's means and methods to educate the public concerning the methods of transport and reuse to be used . This may include but not be limited to: pamphlets, newspapers , seminars, public meetings , meetings with private interest groups, and demonstration projects. The CONTRACTOR must also provide documentation of successes in developing and maintaining public support for biosolids reuse programs . The CONTRACTOR shall work out problems with the public on a cooperative basis, and there may be occasions when the CONTRACTOR shall change management aspects of his system as needed to maintain good public relations. Public relations will be of top priority through the conclusion of this project. The OWNER will cooperate with the CONTRACTOR in providing contacts with local groups and organizations . B . As a minimum, the CONTRACTOR and OWNER shall make an informational visit to provide local residents with educational material about land application, organization involved, and respective phone numbers to call as a problem develops. The OWNER will maintain a record of the residents visited; when, where, and which could not be contacted. C. The CONTRACTOR represents the OWNER through this Contract and shall conduct its affairs with the public likewise. The CONTRACTOR may be called on in public meetings to answer questions and work with the public. D . The elements of the public relations program to be addressed by the CONTRACTOR shall include the following: 1. Overall .Strategy and Goals -The CONTRACTOR shall set forth a plan to address public concerns and negative perception of biosolids in the recipient communities. 2 . Proposed Communication Methods -The CONTRACTOR shall describe the methods for providing information and communication about the project, including: a. Media relations -Specify methods used to develop liaison with local media. b . Published material -Describe written and audio visual materials (including slides and video) which will be used to support the public relations program. c. Public meetings and tours -Specify methods to be used in interactions with the general public and local organizations to establish a positive image for the land application program. d . Regulatory liaison -Describe methods by which the regulatory permitting process will be linked to the public relations program . e . Coordinate with OWNER' s public information personnel. SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 8 ADDENDUM NO . 1 - - - - - - - - - - - - - - - - - - Item 2-4 -PART D -SPECIAL CONDITIONS, Item D-34, Existing Utilities, Page D-13 Add the following paragraph: The OWNER will not provide an y electrical power. The CONTRACTOR shall extend and obtain all electrical power from TU Electric (TUE) and pay all subsequ ent costs to TUE. The CONTRACTOR shall contact TUE directly for all questions concerning power availability, ex tensions and costs. (Contact Mr. Terry Fl ynn at TUE (817) 882-6887. Item 2-5 -PART D -SPECIAL CONDITIONS, Item D-44 , Funding and Non-Appropriation, Page D-18 Insert the following sentence before the first paragraph. The OWNER will determine the yearly appropriation and sludge amounts for the second through the fifth terms of the Contract during the City yearly budget process. Item 2-6 -PART D -SPECIAL CONDITIONS Add the attached Items D-45 OPTION TO RENEW CONTRACT and D-46 UNIT PRICE ADJUSTMENT: D-45 OPTION TO RENEW CONTRACT At the end of the initial Contract term, the OWNER, at its sole option , has the right to renew the Contract for an additional period or periods not to exceed a total of five (5) years. The OWNER must exercise its option to renew within ninety (90) days prior to the expiration of the primary term of this CONTRACT. However such option shall be subject to City Council approval of the annual budget for the project. Such approval normally occurs during the month of September. The CONTRACTOR agrees to execute a Contract under the terms of this Contract at the same unit prices for operation as set forth in the proposal and as adjusted pursuant to the "Unit Price Adjustment" in Part D . Item 46 to this Contract. The total remaining quantity of biosolids for Contract years two through five is estimated to be approximately 300,000 to 500,000 cy . The yearly contract amount will range from approximately 75,000 cy to 125 ,000 cy. Contract years two through five will run from October 1 through the following September 15th. D-46 UNIT PRICE ADITTSTMENT The unit prices which may be charged by the CONTRACTOR for the second and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items unadju sted) and the Consumer Price Index for Urban Wage Earners and Clerical Workers , Expenditures Category "Gasoline", both as published by the U.S. Department of Labor, Bureau of Labor Statistics. As of the last month of the first ADDENDUM NO. 2 -Page 2 - - - - - - - - - - - - - - - - - - - year of the Contract and every twelve months thereafter (the "Rate Modification Date") the fees shall be increased or decreased for the ensuing twelve month period in a percentage amount equal to 40 percent of the net percentage change of the All Items Index (U.S . City Average) plus 10 percent of the net percentage change of the Gasoline Index. All percentage changes are to be computed as the difference between the index value for the first full month prior to the commencement of the Contract and the index value for the Rate Modification Date divided by the index value for the first full month prior to the commencement of the Contract. As soon as possible after a Rate Modification Date, CONTRACTOR shall send to OWNER a copy of the Summary Data from the Consumer Price Index News Release, for the month prior to commencement of the contract, as available from the U.S. Department of Labor, Bureau of Labor Statistics and a comparative statement setting out for both the All Items Index and the Gasoline Index: (i) the index value on the first full month prior to commencement of the Contract; (ii) the index value on the Rate Modification Date preceding the date of each statement; (iii) the net percentage change; (iv) the composite percentage change equal to 40 percent of the net percentage change in the All Items index (U.S . City Average) plus 10 percent of the net percentage change in the Gasoline Index; and (v) the increase or decrease in the unit prices which may be charged by the CONTRACTOR. On the first billing date after renewal of Contract, the unit prices charged by the CONTRACTOR shall be modified to reflect the change. The modified unit prices shall be charged until the beginning of the next Contract year. Adjustments to unit prices will only be made in units of hundredths of a dollar ; fractions of a cent will not be considered in making adjustments. The adjustments shall be limited to three and one-half percen t (3-1/2%) per year over the most recently prevailing unit prices . The Contractor hereby agrees to accept payments adjusted in this manner as full compensation for services rendered. The City may , upon reasonable notice to Contractor, examine the books and records of Contractor that relate to the calculations of fees of Contractor. Item 2-7 -PART E -TECHNICAL SPECIFICATIONS, Section 13001 -Further Processing , removal and Reuse of Biosolids from Drying Beds, Page 2, Paragraph C Revise Paragraph C. to read as follows: The CONTRACTOR has the sole responsibility for maintaining the biosolids in a condition meeting the requirements for pathogen and vector attraction reduction for a Class ''A" sludge throughout the CONTRACTOR'S disposal operation . The CONTRACTOR shall abide by all applicable requirements of 30 TAC Chapter 312.47. ADDENDUM NO . 2 -Page 3 - -Item 2-8 -PART E -TECHNICAL SPECIFICATIONS, Section 13001 -Further Processing, Removal and Reuse of Biosolids from Drying Beds, Pages 9 and 10, Paragraph 3.9 -Delete Paragraph 3.9 and replace with the following Paragraph 3.8, MEASUREMENT AND PAYMENT: -3.8 A. - - - - - - - - - - - - - - MEASUREMENT AND PAYMENT Measurement for both Further Processing of Class "A" Biosolids and for Removal and Reuse by Approved Means of Class "A" Biosolids shall be on a per wet ton basis . Measurement and payment shall be accomplished by measuring the actual weight of wet stockpiled sludge. The equivalent dry weight will be determined only for the purpose of determining the annual sludge fee owed to TNRCC b·y the CONTRACTOR. 1. 2. 3. 4. 5. The CONTRACTOR shall furnish a certified truck scale for establishing empty truck tare weights and for weighing every loaded truck. The weight of wet stockpiled sludge shall be determined by the CONTRACTOR. The CONTRACTOR will establish a validated empty tare weight for each truck and a weigh ticket will be issued for that tare weight. The empty tare weight for each truck will be periodically verified and adjusted as required. The OWNER will have the right to require the verification of empty tare weight of any truck at any time. All loaded solids hauling trucks shall be weighed by certified scales provided by the CONTRACTOR. A weigh ticket will be issued and copies of the tickets will be provided to the OWNER, with each pay estimate. The CONTRACTOR shall have an independent laboratory certify the scale 's accuracy, and provide OWNER with copies of the written certification. The scales shall be certified at the site after installation at the beginning of the work and once every three months thereafter for the duration of the project. The duration between certified tests shall be at least ten (10) weeks. On Monday of each week, a sample of wet stockpiled sludge will be obtained from one of the trucks by the CONTRACTOR in the presence of the OWNER and the solids content determined by the CONTRACTOR . using a microwave solids analyzer. The Microwave solids analyzer will be provided by the CONTRACTOR and analysis performed by the CONTRACTOR or by an OWNER approved independent laboratory. Solids Analysis will be determined by Standard Methods. A print out of the solids analyses will be furnished to the OWNER weekly. The solids content resulting from this test will used to determine solids content for all sludge removed during the week of the test. The OWNER reserves the right to split the sample and to independently verify solids content. ADDENDUM NO. 2 -Page 4 - - - - - - B . C. 6. CONTRACTOR shall obtain OWNER'S approval of a sampling method to assure a representative sample. Payment for "Further Processing" of Class "A" Biosolids shall be on wet ton basis for biosolids fm ther processed . Payment for "Removal and Reuse" of Class "A" Biosolids shall be on a wet ton basis for biosolids removed and reused. Such payment shall include loading , transporting and reuse of biosolids as_ well as all required fees of the Texas Natural Resource Conservation Commission or other Federal, State, or Local agencies, as required, for the collection, processing, transport and land application or other beneficial reuse options of Clas s "A" sludge (biosolids). Payment will not be made for temporarily stored or stockpiled biosolids at non-Project Sites, until the biosolids have been placed or spread in their final location. -Item 2-9 -APPENDIX A -TNRCC PERMIT - - - - - - - - - - - - Add the enclosed "Attachment "A" to the TNRCC Permit. END OF ADDENDUM NO . 2 City of Fort Worth Water Department 1000 Throckmorton Street P.O. Box 870 Fort Worth, Texas 76101 (817) 277-7591 ADDENDUM NO . 2 -Page 5 - PART B -PROPOSAL - TO: Bob Terrell -City Manager Fort worth, Texas - - - - - - - - - - - - - - - - PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary appurtenances and incidental work to provide a complete and operable project designated as: Further Processing, Removal and Reuse of Biosolids fr om Drying Beds Project N um ber PS46-070460300060 Pursuant to the foregoing Notice to Bidders, the undersigned Bidder, having thoroughly examined the Contract D ocuments, including plans, special contract documents and the General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions hereby proposes to do all the work, furnish all the labor, equipment and material, except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the plans and contract Documents and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and bin ds himself upon acceptance of this proposal to execute a contract an d furnish an approved Performance Bond, Payment Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Item Approx. No . Quantity 1. 14 7,000 W.T. 2. 147,000 W.T. Description of Items With Bid Prices Written in Words For Further Processing of Class "A" Biosolids from the Village Creek Wastewater Treatment Plant Drying Beds, Complete for the Sum of; Dollars & Cents per Wet Ton For Removal and Reuse by Approved Means of Class "A" Biosolids from the Village Creek Wastewater Treatment Plant Drying Beds, Complete for the Sum of; Dollars & Cents per Wet Ton TOTAL BID B-1 $ $ $ Unit Price Total Amount $ ____ _ $ ____ _ ADDENDUM NO. 2 ~al-~-_:_:_~-~·.:_:__·~:_·.~--., • • I. • ✓ • ·-•· ...._~---• ·-·-· I . --L _J • 3-~ t) ·:. ;~;~i. \ : -. ; -~-:-·-:i----,~ ~-.... 1. ·.t.' --~.,,. -• " ·: •. • ' 1·. \~ ----~---.,, ; ~ ~-~~. , \ t---e-----, -~ ""::,:;J ,f"--,,; ........ I -. --~1 ~:_~~~fu-• ~ 1 -r:.--,-,,--'"_ • il ~~l~$\_;.. ,J. I I~ • ' -; ♦ • ~ ,. • ! . • ,..-,,. 1. ! j ( • • •. ) _· -~.} 1· ,· ·,....--.....f·•-,. -. " " 1 ' ----_. .,. 1 ........ 1r -;,]: ·----t-1:-=--f.' ·-·--P '\ "-~ -· .-. / '.• a-..... ..~, ~~--":Z :.:.f ··...,, . "':~ 6 -;:-;: .::· -a, .,.,-,--.i~...u-·-,~IJ'-i»-::.1" ~' ; j ---~<'!-~t ~ .I • I ~ v ?-.j~,:,-v----.. -. -\J...I ·:..:~~ : -_...,,.______ -. -i0·' :;:; -.'.::.~ . <·.:T ~S; i . -I ATTACHMENT "A" PERMIT No. 10~94-013 ~-i~:: . -- -:;·• . . : I ~ ' i ·.""= '-I -e_ ,_..,-L , __ ,. ./ ' : 1· :l :~----._ :Jr :: ~ -~---. ~ -: ' .,,-~ . -. . i < I ·-::: =,,.,.,,.,......,_ .--,,-:!~ ~~"'1',11. . , \ ·• -------j -~ ! ·"'9~.,,,..-~ • ':;-1; . ·-1 .· 1· i • _ _ -,.......,...._, l ,.... _ r .J • .L ..:. ... :-:.J , __ .._., ----· =---: • _-,,: • -·_ I I : 1"t-..---.l.J -:---, : t • L_ 1 i-I CI -~ ~\ .• :·:,,.!· 1~. . t-;.t;.,!1--"-,,q--', ; -; ,,, ~--·· . . •n -CITY or fOAl WOAIII , .... un 1. Alll-.c.a Airport 1. """"-Alr,ort ~,lnkt Airpor t ~lllnt Nlllt llwrHry ADDENDUM NO.2 • r .\. : !~..,_..~~ .•·v -. ! • _, ~ < I -"'"'CC' •• ~-, • ~ L;. •• '. -_,,, ... .. --.--. > ~--· ...... . • t;;: :--.~ ! ~ / \ ' ... .., ~ \ ~ -· ..... 1,.!' _,Yi· L__,--,~~~"-T:,t--'[ ---1 i f • -<. • • -i , • r,: - , ..... -·-··· I • , --P ·'---~~: .-1-.c. ,· t-L -·-. J , ! • -• /j_ ... ~ \~~--;-~ : : ,., /. :.j ·._ 4. ~ ;:.--, . ,:\ --~;" -~I ~ ~.: -·• ~ -r:-:::t-r=-_j I #/, ,·~.,.. ! I ,.., • " • ,' · ~ r ~• :;•, -.,.,..---..-_._ _____ T ___ -· T -·-·-·-:f·~·":-·/ -~ • ____ ,,.....,_, . · ·-· ·-,,_ -,;l_ ___ _ t, ,. -. ..... I I VH -~-,:-I I -, .-• --,':-f ·--T •• ~•??{ ---~~ · l ( · . .-. ·. l Table of Contents TABLE OF CONTENTS Description PART A -NOTICE TO BIDDERS Notice to Bidder Instructions to Bidders PART B -PROPOSAL Proposal Contractor 's Compliance with Worker's Compensation Minority and Women Business Enterprise Specifications PART C -GENERAL CONDITIONS Table of Contents Cl-1 Definitions C2-2 Interpretation and Preparation of Proposal C3-3 Award and Execution of Documents C4-4 Scope of Work CS-5 Control of Work and Materials C6-6 Legal Relations and Public Responsibility C7-7 Prosecution and Progress C8-8 Measurement and Payment PART CS -SUPPLEMENTARY CONDITIONS PART D -SPECIAL CONDffiONS Table of Contents PART E -TECHNICAL SPECIFICATIONS Submittals Section 01300 Section 13001 Further Processing, Removal and Reuse of Biosolids from Drying Beds PART F -BONDS Table of Contents Performance Bond Payment Bond PART G -CONTRACT Contract Certificate of Insurance 1 Page No. A-1 A-2 B-1 B-4 (1) Cl-1(1) C2-2(1) C3-3(1) C4-4(1) CS-5(1) C6-6(1) C7-7(1) C8-8(1) CS-1 D-1 F-1 F-3 G-1 TABLE OF CONTENTS (continued) Description PART H -PLANS Figure 1 Figure 2 Figure 3 Location and Vicinity Map Drying Bed Area Stockpile Area No . 12 APPENDICES Appendix A NPDES Permit Appendix B TNRCC Permit Appendix C Rone Engineers Report - Sludge Stockpile Sampling Stockpile Area No . 12 Appendix D EPA & TNRCC Correspondence 11 Page No. PART A Notice to Bidders PART A NOTICE TO BIDDERS Sealed proposals for the following project: Further Processing, Removal and Reuse of Biosolids from Drying Beds Project Number PS46-070460300060 Addressed to Mr . Bob Terrell , City Manager of the City of Fort Worth, Texas, will be received at the Office of the Purchasing Manager , City of Fort Worth, located in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas until 1:30 PM, Thursday, August 31, 1995 and will then be publicly opened and read aloud in the City Council Chambers at 2 :00 PM that same day . Prequalification of Bidders according to the Fort Worth Water Department Contract Specifications is required. Special Contract Documents, including site location map and detailed specifications , may be obtained at the office of Halff Associates, Inc., 4000 Fossil Creek Boulevard, Fort Worth, Texas, 76137 for a deposit of $20.00; such deposit will be refunded if the document is returned in good condition within ten (10) days after bids are opened. Additional sets may be purchased on a non-refundable basis for $20.00 per set. General Contract Documents and General Specifications for the Water Department projects, dated January 1, 1978, with amendments, also comprise a part of the Contract Documents for this project and may be obtained by paying $50.00 for each set, at the Engineering Office of the Fort Worth Water Department, City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102 . The City reserves the right to reject any or all bids and waive any or all irregularities . No bid may be withdrawn until the expiration of 90 days from the date bids are received. In accord with City of Fort Worth Ordinance No . 11923 , the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the office of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with your bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render your bid non-responsive. In addition, the M/WBE UTILIZATION FORM, M/WBE GOALS W AIYER FORM, and GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) business days after • bid opening. Failure to comply shall render your bid non-responsive. A Mandatory Pre-Bid Conference will be held in the Conference Room in the Administration Building at the Village Creek Wastewater Treatment Plant (VCWWTP) at 2:00 PM on Tuesday, August 15, 1995. Publication: July 27 , 1995 August 3, 1995 A-1 Robert Terrell City Manager Alice Church City Secretary PART A INSTRUCTIONS TO BIDDERS 1. PREQUALIFICATION REQUIREMENTS: A current financial statement, an acceptable experience record, and an equipment schedule must be filed with the Director of the Water Department at least one week prior to the hour for opening bids. The financial statement required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old . In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Proposals submitted by a prospective bidder who has not fulfilled the above requirements shall be returned unopened . Prospective bidders whose qualifications are not deemed to be appropriate to the nature and/or magnitude of the project on which the bids are to be received will be notified before the date of the bid opening, and any proposals submitted by them shall be returned unopened . Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required . For an experience record to be considered acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be the sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. 2. BID SECURITY: A cashier's check or an acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five percent (5%) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the • contract has been awarded. To be an acceptable surety on the bond, (1) the name of the •• surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licenses to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 3. BONDS : A performance bond and a payment bond each for one hundred (100%) percent of the contract price will be required. Reference C3-3 .7. A-2 4 . WAGE RATES : Not less that the prevailing wage rates established by the City of Fort Worth , Texas, and as set forth in the Contract Documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal . 6. ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services , at least 96 hours prior to bid opening . Answers to all such requests will be bound and made a part of the Contract Documents . No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Contract Documents, or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders . Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. 7. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 8. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues , the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower that the lowest bid submitted by a Texas resident bidde r by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident 's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has a place of business in this state. This provision does not apply if this contract involves federal funds . The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications . The failure of a nonresident contractor to do so will automatically disqualify that bidder. 9. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the City. 10. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, the Contractor covenants that neither it nor any of its officers, members , agents, employees , program participants or sub contractors, while engaged in performing this contract, shall in connection with the employment , advancement or discharge of employees or in connection with the terms , conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. A-3 The Contractor further covenants that neither it nor its officers , members , agents , employees , subcontractors, program participants , or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit fo r such employment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend , indemnify and hold City harmless against any claims or alle gations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of the contract. 11. DISABILITY : In accordance with provisions of the Americans with Disabilities Act of 1990 ("ADA"), the Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public , nor the availability , terms and/or conditions of employment for applicants for employment with , or employees of the Contractor or any of its subcontractors. The Contractor warrants it will fully comply with ADA' s provision and any other applicable federal , state , and local laws concerning disability and will defend , indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this contract. 12 . M/WBE : In accord with the City of Fort Worth Ordinance No. 11923 , the City of Fort Worth has Goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. In order for a bid to be considered responsive , the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with your bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render your bid non-responsive. In addition, the M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM , and GOOD FAITH EFFORT FORM , as applicable , must be submitted within five (5) City business days after the bid opening . Failure to comply shall render your bid non-responsive. 13 . QUALIFICATIONS DOCUMENTATION: The following information shall be submitted to the Water Department by 5:00 PM within five (5) business days after bid opening in order for the bid to be considered responsive. Failure to comply shall result in the bid being considered non-responsive to specifications. The information shall pertain to the work for which the bidder submitted a bid , which shall be for further processing, removal and reuse by approved means of 111,000 cy of biosolids from the drying beds. The information submitted must be specific and clear. A-4 A. Certify that the person submitting the bid will enter into a contractual agreement with the City , and will serve as the prime contractor performing at least 50 percent of the work. B. Provide financial information indicating that the Bidder , who will serve as the prime contractor has financial stability , and as such can acquire the appropriate bonds and environmental impairmen t liability (EIL ) insurance required for the projec t. The financial information shall include a financial statement prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency , and shall have been so prepared as to reflec t the current financial status . This statement must be current and not more than one (1) year old . In the case that a submittal date fall s within the time a new statement is being prepared, the previous statement shall be updated by proper verification. The bonding and insurance information shall include certifications from : 1. An acceptable bonding company , as set forth in the City of Fort Worth 's General Conditions , certifying that if awarded the contract the bonding company will provide all necessary bond coverage. The successful bidder must furnish a Performance Bond and Payment Bond , each in the amount of one hundred percent (100%) of the total contract amount within ten (10 ) days from the date bids are opened. 2. An acceptable insurance company , as set forth in the City of Fort Worth 's General Conditions , certifying that if awarded the contract the insurance company will provide all necessary insurance coverage, including but not limited to environmental impairment liability (EIL ) coverage in the limits of at least $1 million per occurrence and $2 million annual aggregate for sudden and accidental contamination or pollution, liability for gradual emissions , and clean-up costs , within ten (10 ) days from the date bids are opened . The EIL coverage shall be written on a per project basis and shall include a two (2 ) year completed operations coverage (See Supplementary Conditions , Item 8.5). C. • Certify that the Bidder has entered into , and · satisfactorily completed , contractual agreements within the past five years to dispose of sludge by land application or other means. D . Provide a Preliminary Operating Plan. The Preliminary Operating Plan shall clearly and specifically demonstrate the proposed means and methods to be used to accomplish the Project. The Preliminary Operating Plan shall include certification that Bidder either has sufficient equipment and personnel to perform the services required under this contract, or has the financial capability to obtain sufficient equipment and personnel to perform the services required under this contract. A-5 The Preliminary Operating Plan shall address each item described in the specifications for the final Operating Plan (see Section 01300, Submittals). The Plan shall include a description and list of sites for the reuse of biosolids . E. Provide a list of at least three (3) solids , processing and disposal projects experience references with telephone numbers and mailing addresses , which shall include specific client references . F . Provide fifteen (15) copies of all information submitted . Information for the Preliminary Operating Plan shall be limited to 15 pages . G. Provide a Preliminary Public Relations Program indicating the means and methods for educating the public concerning transporting and reuse of sludge and control of health and environmental impacts from these operations . A qualification committee will review the information submitted by each Bidder, and determine if the bidder(s) are qualified for award of a contract. The Director will review the determinations of the qualification committee and make a recommendation to the City Council. All information will be held confidential . A-6 M/WBE. In accord with the City of Fort Worth Ordinance No . 11923, the City of Fort Worth has Goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary . In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with your bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render your bid non-responsive. In addition , the M/WBE UTILIZATION FORM, M/\VBE GOALS WAIVER FORM, and GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) City business days after the bid opening . Failure to comply shall render your bid non-responsive . PARTB Proposal TO: Bob Terrell City Manager Fon worth, Texas PART B -PROPOSAL PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary appunenances and incidental work to provide a complete and operable project designated as: Further Processing, Removal and Reuse of Biosolids from Drying Beds Project Number PS46-070460300060 Pursuant to the foregoing Notice to Bidders, the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents and the General Specifications for Water Departtnent Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions hereby proposes to do all the work, furnish all the labor , equipment and material, except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the plans and contract Documents and subject to the inspection and approval of the Director of the City Water Department of the City of Fon Worth , Texas; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Item Approx. Description of Items Unit Total No. Quantity With Bid Prices Written in Words Price Amount 1. 147,000 W.T. For Further Processing of Class "A" Biosolids from the Village Creek Wastewater Treatment Plant Drying Beds, Complete for the Sum of; Eight Dollars & $ 8.30 $ 1,220,100 Thirty Cents per Wet Ton 2 . 147,000 W.T. For Removal and Reuse by Approved Means of Class "A" Biosolids from the Village Creek Wastewater Treatment Plant Drying Beds, Complete for the Sum of; No Dollars & $ 0.89 $ 130,830 Eighty-Nine Cents per Wet Ton TOTAL BID $ 1350 930 B-1 ADDENDUM NO. 2 Within ten days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% of the total amount bid is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time set forth, as liquidated damages for ethically and additional work caused thereby. If the total bid is less than $25,000, the bid bond is waived. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978 and all addendum thereto, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the Specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization , subcontractors, and employment agency in either furnishing of referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No 7278 as amended by City Ordinance No 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 300 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. All work will cease on September 15, 1996, no matter how much work is completed, due to fiscal year budget constraints. Final payment for the work completed at that time will be made. State of Residency: (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Texas. Non resident bidders in the State of _____ _, our principal place of business, are required to be __ percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of------our principal place of business, are not required to underbid resident bidders. The principal place of business of our company or our parent company or majority holder is in the State of Texas. I (We), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideratio • preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 2 (Initials) Addendum No. 3 (initials) B-2 ADDENDUM NO. 2 B-3 Signature of Principal Oscar Renda, President Title or Position Oscar Renda Contracting, Inc. Contractor #7 Benson Lane Street Roanoke, Texas 76262 City, State, Zip (817) 491-2703 (817) 571-9391 Telephone Number Seal If Bidder is Corporation Date: MJG 3 1 1995 ... -.. __ -.. ... ....... ":--✓ , . . ..... - ADDENDUM NO. 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3 .23 of Veron's Annotated Civil Statues, Contrac tor Certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fon Worth Project Number PS-070460300060 President Title Date STA TE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ....::::::~=..c."'---..i....+a......._.=- ____________ _, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of -~'"'CT¥,.''~ for the purpose and consideration therein expressed arid in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I\~ of Oe..)--obe..r 19 q5 . KIMBERLY POOL NOTARY P.UBLIO I STATE OF TEXAS My Comm . Exp . 9-16-99 B-4 ADDENDUM NO . 2 - - - - .... - - - .... - - - - .... - - - City of Fort Worth Minority and Women Business Enterprises Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $25,000 or more, the M/WBE goals are appll~ble. If the total dollar value of the contract ts less than $26,000, the M/WBE goals are not applicable. POLICY STATEMENT It ts the policy of tht Ctty of Fort Worth to ensure tht full and equitable participation by Minority/Women Business Enterprises (M/WBE) In the procurement of all goods and services to the Ctty on a contractual basla. The objective of the policy is to Increase the use of MiWBE flnns to a level comparable to the avanablltty of quallfled small M/WBEs which provide gOOC:s and services directly or lndlrectty to the City. M/WBE PROJECT GOALS The City's MBE/WBE minimum goal on this project Is 3 O % of the total dollar value of the contract COMPLIANCE TO BID SPECIACA TIONS On City contracts of $25,000 or more, bidders are required to comply with the Intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated minimum MIWBE goals, or, 2. Good Faith Effort documentation, or, 3. Waiver documentation. FAILURE TO COMPL y Willi THE crrrs M/WBE ORDINANCE, SHALL RESULT IN THE BID BBNG CONSIDERED NON-RESPONStVE TO SPECIACA TIONS. SUBWTTAL OF REQUIRED DOCUMENTATION The applicable documents must be submitted by the bidder to the contracting department, within the time allocated , In order for the entire bid to be considered responsive to the specifications. 1. M/WBE Affidavit Statement submit with 1he bid documents on bid opening data. 2. M/WBE UtillzatJon Fonn submit by 5:00 pm, ftve (S) City business days after bid open~ 3. M/WBE Goals Waiver Form .. submit by 5:00 pm. ttv. (5) City business days after bid opening. "· Good Faith Effort Form submit by 5:00 pm, five (5) City business days after bid opening. FAILURE TO COIIPL Y WITH THE CITY'S MIWBE ORDINANCE, SHALL RESULT IN TliE BID BEING CONSIDERED NON-RESPONSM: TO SPECIACA TIONS. Any questions. p&e,ase contact the IIJWBE Office at (817) 171~1.04. City of Fort Worth Minority and Women Business Enterprises Specifications Affidavit Statement Project Name ____________ _ Project No. __ _ FAILURE TO SUBMIT THIS COMPLETED AFFIDAVIT WITH THE BID, AT BID OPENING, SHALL RESULT IN THIS BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. The undersigned bidder hereby certifies that It/he/she will comply with the City's M/WBE Ordinance and the specifications of this bid In the following manner: (check the most appropriata numbefi•)l 1. __ 2. __ 3. __ 4. __ THE MBE/WBE PARTICIPATION W1LL MEET OR EXCEED THE STATED GOAL, WILL COMPLETE MBE and WBE UTILIZATION FORM. THE MBE/WBE PARTICIPATION W1LL BE LESS THAN THE STATED GOAL, WILL COMPLETE GOOD FAITH EFFORT FORM. NO MBE or WBE PARTICIPATION, WILL COMPLETE GOOD FAITH EFFORT FORM. NO SUBCONTRACT OR SUPPLIER OPPORTUNITIES AVAILABLE, WILL COMPLETE PRIME CONTRACTOR WAIVER FORM. Authorized Signature Printed Signature Title Contact Name and Title (If different) Company Name Contact Telephone Number(s) Address Fax Number City/State/Zip . Code Date - - - - - - - - - - - - - - - City of Fort Worth Minority and Women Business Enterprises Specifications Affidavit Statement . ~e.-t2-'f~tui0t, ~ . fh 4b.o104 063 ProJect Name A. >O 12:ku?C-or-ez,,., 6c,::L+e~ ProJect No. ~ /U - FAILURE TO SUBMIT THIS COM LETED AFFIDAVIT WITH THE BID, AT BID OPENING, SHALL RESULT IN THIS BID BEING CONSIDERED NON-RESPONSlVE TO SPECIFICATIONS . .. r· ,~_:{;; .. ,~~~ .:•-;~ ... ~f'-~-. --:.·r~J;/.j~;~f/~\: < • /\ ~:r- The undersigned bidder hereby certifies that It/he/she will comply with the City's M/'NBE Ordinance and the specifications of this bid In the following manner: --. •-:::~fl~fr :s¾6i·j -- (check the moct appropriate numbef{s)J 1. V THE MBEM'BE PARTICIPATION W1LL MEET OR EXCEED THE STA TED GOAL, Will COMPLETE MBE and WBE UTlllZA TION FORM . 2. -".THE ~~~-~l ~TJflPATION Will BE LESS THAN .THE STATED GOAL. Wilt •• COMPLETE~ FAtnl EFFORT FORM. : , : ,. . - :-·_ •• _._.it::,.)/::i. .. ~:t-. ~- 3. __ NO MBE -~iwie"PARTICIPATION , Wlll COMPLETE GOOD FAITH . EFFORT FORM. 4.__ NO SUBCONTRACT OR SUPPLIER OPPORTUNITIES AVAILABLE, WILL COMPLETE PRIME CONTRACTOR WAIVER FORM . J l l I _.. k ~/ Authorized Sig ~ ture ~ ~ - ?~~:c?e--u:r Printed Sig~ture <~~\ • _ ~ P7~~ -0.-¼,~ °"'!' Title _ • . }!\,. OS.Mt? (L6-Do £·i~~ l~?q k~_.. Company Name Contact Name and Title {If dlff erent) ( 61-r} c:;1 ( -~?-;ri, 1 Contact Telephone Number(s) ,B=-7 ~h:f?C\-.J G-J Addreu ~t--we7?-6 TY , '21-kiZ City/State/Z i p _ Code [-4 --~ tj r: r~ I I I j I . . ATTACHMENT 1A CITY OF FORT WORTH MBE and WBE UTILIZATION FORM . ~a,~~A~1~1 t~ ~/I?\ /4~ Prime Com~ny N.irr-.. Bk! Date Fv-pq~~tH:fu, CZcti~stAL-P=24k· Ct1o4'2012t:o?b D A~~~ .c?r p_;,~«J 0 "'? Project Numbef' The uode~ned biddef' ~rees to e-ntei' lnto a fomw ~reement with the UBE and/or WBE firms f0f' work lbted 1n thls schedule, condltiooe-d upon txtcution ol a contract with the City ol Fort Worth. The winfuf ~ ol bets is grounds for cooskSeration of dlsq~ and wm result In the bid betng consldeA<f non.ffSponslve to ~ Company H.Mr.e, Ada-n:a. Tewphoc• No. Ollcl.ona Cen-(1 &.opedW<rl: ~ Oobt Arnourl. and Contact ~ lfBE WBE AOlttnCY .. ~ dWott ~P.)C..OW~~ P7i.o~w.O 115 ~. fStz..ic l 44)1 ~ X W~ T:6. , ~ l t2-v t,lc.,~~ rnz, ... .,.. .-\-I "$,(·1) '5"'3 '=, ~ 6°"S~A 1/JDG -,Dt.nllf: ~ ~ t::CC) L.,n L...(Gq: ~ U::::Z-~~+ I lS11ZA-t\....v..lcoD W-v ,Jt.~ rua.. l t:q-a::o td:D'll-q~ -z be)t;r; t1·-2.k:>&· ~ t,D .~t."T~-rq --·· -~ ("') Accepbbie c.rtifylng ~ ~ sf»clly : (>+CTRCA) Hocth c.otnJ T~ ~ c.rtffic.:;~ A&il'HlCJ (TXDOi) T•x.as ~ d T~porbtSor, IBIS FORM MUST BE SUBWITTED BY 5 :00 pm, FTVE (5) CITY BUSINESS DA ': :c ~.·· •i t i? BID OPENING 1P1M-~~ax:> ?7~0 -l 20 I tt?Jo H/w~ Jo -o/5, G MBE and 'WBE UTILlZA TION FORM --•·.;•.- ATTACHMENT 1A Pa~ 2 of 2 ~~-,·;.,,,A~, T~ No ChK\ ora ~ Scope ol Won ~ Ooo\a.rAmou,t and C¢o "l''!d ~mw:..:..:· :::.._------+---="=Bc=+-..:...:.W'BE~~--'"JO'~=:.i....+-----+---'-n«=-4--°'=-=-w!.!:on=-=-- , The bkide1' furt:h« ~ lo provide. d1redty lo the City upon request. comP'ria and ~ Wonna1Son ~ actual woo:~ by al au~. inclu<fing WBE{a} and/0< WBE(•) on U\lil cootrxt_ the ~ment !he, ef.x. and arr, propoMd ®OQ" to the origlnal MBE(a) andJO< WBE{s} amngemeob wbmlt1ed 'Mth this t>.d... The b+dde(-also ~ '° a!Sow an audjt and/0< e:um~ of any boob, recoroa and files ~ • by their company that w\l subctJ.n11.rle 1he actual woc1c pe<fonned by 1he UBE{a) a.ndlo< WBE{a) oo Uva • cootract_ by an ai uthooz8d offk« 0< em~ ea. °' the C1ty. Any willful m~tSoo will be grounds fo< terml the ~---~-, from CJty woc1c fO< a period of not lea Oun ttV'M (3) YN.rS and fo< ln. • Sbta 0< l,oQl b"ld coocemlng f.l l:s.e S'btementt. BE CERTlflEO BY lHE CITY BEFORE CONTRACT AWAfID PART C General Conditions Cl-1 Cl-1. l Cl-1.2 Cl-1.3 Cl-1.4 Cl-1.5 Cl-1.6 Cl-1.7 Cl-1.8 Cl-1.9 Cl-1.10 Cl-1.11 Cl-1.12 Cl-1.13 Cl-1.14 Cl-1.15 Cl-1.16 Cl-1.17 Cl-1.18 Cl-1.19 Cl-1.20 Cl-1.21 Cl-1.22 Cl-1.23 Cl-1.24 Cl-1.25 Cl-1.26 Cl-1.27 Cl-1.28 Cl-1.29 Cl-1.30 Cl-1.31 Cl-1.32 C2-2 C2-2.1 C2-2.2 C2-2.3 C2-2.4 C2-2.5 C2-2.6 PART C -GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties . The Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street INTERPRETATION AND PREPARATION OF PROPOSAL Proposal Form Interpretation of Quantities Examination of Contract Documents and Site Submitting of Proposal Rejection of Proposals Bid Security C l > Cl-1 Cl) Cl-1 Cl) Cl-1 (2) Cl-1 ( 2) Cl-1 ( 2) Cl-1 C 2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 C 3) Cl-1 (3) Cl-1 C 4) Cl-1 ( 4) Cl-1 ( 4) Cl-1 ( 4) Cl-1 ( 4) Cl-1 ( 4) Cl-1 C 4) Cl-1 (4) Cl-1 (4) Cl-1 C 5) Cl-1 C 6) Cl-1 (6) Cl-1 (6) Cl-1 C 6) Cl-1 (6) Cl-1 C 6) C2-2 Cl) C2-2 Cl) C2-2 (2) C2-2 (3) C2-2 ( 3) C2-2 (3) C2-2.7 C2-2.8 C2-2.9 C2-2.10 C2-2.ll C2-2.12 C3-3 C3-3.l C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C3-3.10 C3-3.ll C3-3.12 C3-3.13 C3-3.14 C3-3.15 C4-4 C4-4.l C4-4.2 C4-4.3 C4-4.4 C4-4.S C4-4.6 C4-4.7 CS-5 CS-5.l cs-s.2 CS-5.3 CS-5.4 CS ·-5. 5 CS-5.6 CS-5.7 cs-s.a CS-5.9 CS-5.10 CS-5.11 CS-5.12 CS-5.13 CS-5.14 CS-5.15 CS-5.16 CS-5.17 CS-5 .18 Delivery of Proposal Withdrawing Proposals Telegraphic Modification of Proposals Public Opening of Proposal Irregular Proposals Disqualification of Bidders AWARD AND EXECUTION OF DOCUMENTS Consideration of Proposals Minority Business Enterpise Women-Owned Business Enterprise compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payroll Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Quantities Alteration of Contract Documents Extra Work Schedule of Operations Progress Schedules for Water and Sewer Plant Facilities CONTROL OF WORK AND MATERIALS Authority of Engineer Conformity with Plans Coordination of Contract Documents Cooperation of Contractor Emergency and/or Rectification Work Field Office Construction Stakes Authority and Duties of Inspectors Inspection C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (5) C3-3 (l) C3-3 (1) C3-3 (1) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (4) C3-3 (4) C3-3 (4) C3-3 (4) C3-3 (7) C3-3 (7) C3-3 (7) C3-3 (8) C4-4 Cl) C4-4 Cl) C4-4 Cl) C4-4 (2) C4-4 (2) C4-4 ( 3) C4-4 (4) cs-s cs-s cs-s cs-s cs-s cs-s cs-s ( 1) ( 1) ( 2) ( 2) ( 3) ( 3 ) ( 3) ( 4) ( 5) Removal of Defective Substitute Materials Samples and Tests of Storage of Materials ' cs-s cs-s cs-s and Unauthorized Work or Equipment cs-s cs-s CS-5 CS-5 CS-5 cs-s cs-s CS-5 ( 5) ( 5) Materials Existing Structures and Utilities Interruption of Service Mutual Responsibility of Contractors Cleanup Final Inspection ( 2 ) . ! ( 6 ) ( 6) ( 7) ( 7) ( 8) ( 8 ) ( 9) C6-6 C6-6.l C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6-6.ll C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.l C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.ll C7-7.12 C7-7.13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 C8-8 CS-8.1 CS-8.2 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for · Damages Adjustment of Relocation of Public Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section of Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract due to National Emergency · Suspension of Abandonment of the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Onwer Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement of Quantities Unit Prices ( 3 ) C6-6 (1) C6-6 Cl) C6-6 (1) C6-6 (2) C6-6 (2) C6-6 (3) C6-6 (4) C6-6 ( 4) C6-6 (5) C6-6 (6) C6-6 (8) C6-6 (8) C6-6 (10) C6-6 (10) C6-6 (10) C6-6 (11) C6-6 ( 11) C6-6 ( 11) C6-6 ( 12) C6-6 (12) C6-6 (12) C7-7 (1) C7-7 Cl) C7-7 ( 1) C7-7 (2) C7-7 (2) C7-7 (3) C7-7 (4) C7-7 (4) C7-7 (4) C7-7 (5) C7-7 (6) C7-7 (6) C7-7 (7) C7-7 (7) C7-7 (9) C7-7 (10) C7-7 (13) ca-8 (1) ca-a c1> ., 'k . ' ' ,. . - ' ,, . ~ -J ..., +· . : ,. . ~~t4 r? . ~~ ~ ", ., "' ' CS-8.3 CS-a.4 ca-a.5 ca-8.6 ca-8.7 CB-a.8 CB-a.9 CB-8.10 CB-8.11 CB-a.12 CB-8.13 ', ' I Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final .Acceptance Final Payment Adquacy of Design General Guaranty ~~ Subsidiary Work Miscellaneous Placement of Materi-al Record Documents ' \ "'... r .,. ( 4 ) CS-8 ( 1) CS-a ( 1) ca-a ( 2 ) ~ ca-a ( 3 ) . -' ' CS-8 ( 3 ) CB-a ( 3 ) CB-8 ( 4 ) CB-8 ( 4 ) cs-a ( 5 ) ca-a ( 5 ) .-J <.t ., CB-8 ( 5 ) ' •r ~ ~· ,,. ~ ~-, ] ' , ~- ~ ,. "' PART C -GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION Cl-1 DEFINITIONS Cl-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A -NOTICE TO BIDDERS (Sample) PART B -PROPOSAL (Sample) PART C -GENERAL CONDITIONS (CITY) (Developer) PART D -SPECIAL CONDITIONS PART E -SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS PART G -CONTRACT (Sample) (Sample) White White Canary Yellow Brown Green El-White E2-Golden Rod E2A-White Blue White White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A -NOTICE TO BIDDERS (Advertisement) Sarne as above PART B -PROPOSAL (Bid) PART C -GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E -SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS PART G -CONTRACT PART H -PLANS (Usually bound separately) Cl-1 Cl) L... Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. Cl-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. Cl-1. 5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. Cl-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and ..,_ promulgated ordinances. ~ Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. Cl-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. Cl-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equi p ment and services in order to render a completed and useful project. Whenever reference is ,made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and Cl-1 (2) faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) Cl-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the ·contract Documents. Cl-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the ·owner. The plans are usually bound separately from other parts of _the Contract Documents, but they are a part of the ContrJct Documents just as though they were bound therein. Cl-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl~l.14 MAYOR: The officially .elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1 C 3) Cl-1.17 " DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the city Engineer, or his duly authorized representative. Cl-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort worth, Texas, or his duly authorized representative, assistant, or agents. Cl-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assista~ts, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. Cl-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire M and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. . , Cl-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. Cl-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: Cl-1 (4) 1. 2. 3. 4 . 5. 6. 7 . 8. 9. New Year's Day M. L. King, Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. Cl-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - ASCE LAW ASTM AWWA ASA HI Asph. - Ave. Blvd. - CI CL GI Lin. lb. MH Max. American Association of MGD State Highway Transportation Officials American Society of Civil Engineers In Accordance With American Society of Testing Materials American Water Works Association American Standards Association Hydraulic Institute Asphalt Avenue • Boulevard Cast Iron Center Line Galvanized Iron Linear or Lineal Pound Manhole Maximum Cl-1 CS) ., -Million Gallons Per . Day CFS -Cubic Foot per Second Min. -Minimum Mono.-Monolithic % -Percentum R Radius - I.D. Inside Diameter O.D. -Outside Diameter Elev.-Elevation F -Fahrenh~it C -Centigrade In. -Inch Ft. -Foot St. -Street CY -Cubic Yard Yd. -Yard SY -Square Yard L.F. -Linear Foot D.I. -Ductile Iron Cl-1.27 CHA NGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. 2. 3. 4. 5. Any type of asphaltic concrete with or without separate base material. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. Brick, with or without separate base material. Concrete, with or without separate base material. Any combination of the above. Cl-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, ·',., roadway or other surface is any area except those defined above for "Paved Streets and Alleys." Cl-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. Cl-1.31 ROADWAY: parallel lines two (4') feet back of exists. The roadway is defined as the area between (2') feet back of the curb lines or four the average edge of pavement where no curb Cl-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Cl-1 (6) ,.-..•, ,. SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.l PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state 1 icens ing agency, and shall have been . so prepared as to reflect the current financial status. Tn-i,s statement must be current and not more than one Cl) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10%) percent of the ·estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five CS) years prior to the date on which are to be received. The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project . and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2Cl) forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may b~ increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised tnat the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to vis~t the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon ~~ich the proposal is to be based ~ It is ·mutu~lly a~reed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes ·to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his Cher) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted .with the proposal. C2-2.S REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or ·, contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. ~ C2-2.6 BID SECURITY: No proposal will be considered unless it 1s accompanied by a "Proposal Security" of the character and in the amount indicated in the wNotice to Biddersw_ and the flProposal." The Bid ~e6urity is r~~uired by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3) C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unle s s it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each ·proposal . shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal b y telegraphic communication at any time ~ pr i or to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request• has been received will be publicly opened and read aloud by th~ City Manager or his authorized represeritati~e at the ti~e and place indicated in the "Notice to Bidders.• All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.ll IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, add i tions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the C2-2(4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. b. C • d. e. f. g. h. Reasons for believing that collusion exists among bidders. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. The bidder being in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to ma ~e. Uncompleted work which, in the judgment of :the Owner, will prevent or hinder the ·prompt completion of additional work if awarded. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. 2. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. Ari ~quipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) PART C -GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.l CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise CMBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or · local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) T h e Contractor shall post the required notice to that effect o n the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on .. , file in his office to the Contractor. Appropriate notices may ; be acquired from the Equal Employment Officer. ~ '-1. •' Iii' • '.I,: i~ ~<E,.~ 1.t'' r.,.i\ •'• ,. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTR~~T! The Owner reserves the right to w1thholdf1nal action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The aw~rd of the contract, if an award is made, will be to the lowest and best responsible bidder. The ·award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: .. ~,. '!; .. 1:¼ PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) - bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. M A I N TEN AN C E B ON D : A g o o d a n d s u f f i c i en t -- ma int en an c e bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph CS-8.10. c. d. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by Bouse Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version theraof, supplying labor and materials in the prosecution of the work provided for in the contract be'ng constructed under these specifications. Payme nt Bond shall remain in force until all payments as above stipulated are made. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Tixas, and ~hich is accepiable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) 1-. . .. '· .. new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days ~fter the Owner has by appropriate resolution, or otherwise, awarded the contract~ the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be bicding upon the owner until it has been attested by the Ci t y Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of h i s proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal sh a ll be the agreed amount of ·damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authotization us~ally termed th~ "Work Order• or •Proceed Order", it is agreed that the Surety Company will,-within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. "' C3-3 .11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractors' C3-3 (4) certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution wheth~r or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. b. c. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) i ~. an amount not less than $500,000 covering e ~ch occurrence on account of bodily injury, inclu~ing death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: • 1. Contingent Liability (covers '' General Contractor's Liability for acts of sub-contractors). 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). 4. Damage to underground utilities for $500,000. C3-3 (5) J ,J d. e. 5. Builder's risk (where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requiiements of Contract). AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f . PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. ( Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractor, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written s h al l be represented by an agent or agents having an office located within the city limits of the C3-3 (6) City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to i he Owner's representative within seven (7) days after the cl p se of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the .City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) ,. matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable , by the Contractor's resoonsible off i cers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should t h e Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are i n effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. ,, C3-3 (8) .. r ... . SECTION C4-4 SCOPE OF WORK PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.l INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contra,ct Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions• covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions• shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work t~ be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 Cl) waiving or invalidating any conditions or provisions of the Contract Documents. variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe s i ze, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be 1 considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order~ shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of Cl) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) .actual cost of insurance,. bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2) suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor . to involve Extra Work for which he should receive compensation, he shall make writt~n request to the Engineer fo~ written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five CS) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfact o ry vouchers and certified payrolls covering all labor a nd materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for p~rmanent record a corrected se~ of plans showing the actual installation. • The compensation agreed upon for 'extra work' whethEr or not iniitiated by a 'change order' shall be a full, complete and .J final payment for all costs Contractor incurs as a !result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs fot del~y, extended ov~rhe~d, ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner 's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There C4-4 (3) ,!is shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which t he Contractor proposes to carry on the work, the date of wh i ch he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion ·dates shall ·be developed to conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C4-4 (4) c. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. ,,. For each general category, the construction schedule shal ~1 identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. _ l. 2 . Preparation and transmittal of subrnittals. Submittal review periods. 3. Shop fabrication and delivery .. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable). 8. Final inspection. C4-4 (5) 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls ~-behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to « • make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the •.• overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. ,t C4-4 (6) ,·. ' t PART C -GENERAL CONDITIONS CS-5 CONTROL OF WORK AND MATERIALS ' ' . SECTION CS-5 CONTROL OF WORK AND MATERIALS CS-5.l AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction,' interpretation of the contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. Ris estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. CS-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. CS-5 C 1 > ' "· CS-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such correctio~s or interpretations as may be deemed necessary for the fulfillment of the intent of the contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. CS-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof aQd shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superinten~ent and .his assistants.hall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the' Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to cs-s (2) adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide ~11 fac i lities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. CS-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Con~ractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to ~he discrepant condition and request the Contractor to t ~ke remedial action to correct the condition. In the event ·~he Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. CS-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed, well heated, a i r conditioned, lighted, and weather-proof, so that d~cumen t s ~ill not be damaged bi th~ elements. CS-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. CS-5 (3) These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until he is a u thorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. CS-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City I n spector may be stationed on the work to report to the Engineer as to the progress of the work and th~ manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work unti l the question at issue can be referred to and be decided by the Engineer. The City Inspector will not, however, be authorized to . revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or inter_fere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspecto ~, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. CS-5 (4) .. . l I l CS-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examin a tion, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. CS-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by i the owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same ·use and capable of performing the same function as that specified; and identifying all variations of the proposed CS-5 CS) ~ .. substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. CS-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to ihe testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equi p ment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not ~ meet the requirements of ·the Contra~t Do~uments~ • Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. CS-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the CS-5 (6) - ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. CS-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently -in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. CS-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. cs-s ( 7 > .,. ~ b. 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or 3 . In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance < i door knob. The tag shall be durable in To' composition, and in large bold type shall say: "NOTICE" Due to Utility lmp~ovement in your neighborhood, your (water) (sewer) service will be inter- rupted on___,,,------~ between the hours of ____ and This inconvenience will be as short as possible. Thank you, Contractor Address Phone Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall. assert any claim against the Owner on account of any damage alleged to have .,, been sustained, the Owner will notify the Contractor, who ·· ~hali indemnify and save harmless the Owner against any such claim. CS-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site dur i ng the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the C5-5 (8) unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Co~tract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed ind final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. CS-5 (9) "'· PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY \ ' SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.l LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority fer such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade-marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trade-mark or copy right in connection with the work agreed to be performed under these Contract .Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6 Cl) C6-6 .4 SANITARY PROVISIONS : The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be st r ictly enforced by the Co n tractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Where~er any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of~way as provided for in-the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be C6-6 (3) carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic en Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 ( 4) ~ • l ,~ft ,I; :;t .• ;.• tlJ The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall con t act the Transportation and Public Works department, Signs and Markings Division (phone number 8780-8-075), to remove the-sign.-In -the case of regulatory- signs, the Contractor must replace the permanent sign with a temporaiy sign meeting the re~uirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and iights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and ·convenience of the .public during the cont~act period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in C6-6 ( 5) advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use pf explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the city or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over,· through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purp6~e without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified ~pproval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless ~pecifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) r every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. --- The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by· repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the _fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project C6-6 (7) ,· ..... proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary ~circurnstances , and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.ll INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and • Contractor. ·t ,, C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemni f y, hol d harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in con ne ction with, directly or indirectly, the work and serN ices to be performed hereunder by Contractor, its officers, agents, employees, c.ontractors, subcontractors, licensees or invitees, wh~th ,e .r or: .not caused, in -whole or in part, by alleged negligence on the part o f officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers age nt s, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or characte r , whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (8) I ' in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against . any and all injuries,loss or damages to property of the Owner during the performance of any o£ the _terrns_and conditions of _this Contract, whether arising . out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the event . a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant .involved. If the claim concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, s ~ch semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition Cl) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the C6-6 (9) . , expiration of the six month period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on -other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6 .13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall wi~hin three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages . CG-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. CG-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at h l s o~n expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains an d sewers, and for this p urpose he shall provide and ma i ntain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. ' ' ,. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be ) prepared at all times to dispose of drainage and sewage C6-6 (10) ' , received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner s O t h a t n o nu i s an c e i s created . and so ,that _ the work under_ con struction ~will -be a dequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. city water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-l.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges,-if any, for water will be at the regular established rates. When me t e r .s a r e n o t u s e d , t h e c h a r g e s , i f any , w i 11 be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Doctiments. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be performed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part C6-6 (11) ,J, thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6 .19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documen'ts . . C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 CH) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by i s suing to his supplier an exemption certificate in lieu of t h e tax, said exemption certificate to comply with State Co mptroller's Ruling .007. Any such exemption certificate i ~s ued by the Contractor in lieu of the tax shall be subject t o and shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owne d improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 CH) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. C6-6 (12) Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Sale Tax Division Capitol Station Austin, TX Accounts i C6-6 (13) ,f l;~l-- 1!'" 4 ,~ ~-'I. M:::ii:iertt~&.i"'_,,, .... ·~"-" PART C -GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: . -c7 ~,. ·suBLETTING~: -°The Contractor shall perform with his own organization, and with the assistance of workman under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or. corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment,· any monies due ·or to become due · under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of C7-7 (1) prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operation~ shall be at all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. ·c7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor is available. The Contractor _may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 (2) otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Enginee+. -Al i -~~r~men _shall _ha~e _sufficient s~ill, abil _ity, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considP.red to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use . C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in Cl-1.23 "WORKING DAY" or the date stipulated in the "W b RK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer ·no later than the proceeding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project.· The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in Cl-1.24 and the Contractor may work ~she so desires. C7-7 (3) I,$ ill4 C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner .may ~proceed as _he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate jourtes in tase the first sourde c~nnot maki delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C?-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if C7-7 C 4) any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and n~ such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate :9 f the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the fqllowing schedule, unless otherwise specified in other part~ of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated ~amages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 C7-7 (5) . -' $ 500,001 to $1,000,001 to $2,000,001 and over $1,000,000 $2,000,000 inclusive$ inclusive$ $ 315.00 420.00 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that -the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.ll SUSPENSION BY COURT ORDER: The Contracto= shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra ·payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary.• . . . -. ---.. . . . .. . Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Con~ract~r shall not suspend work with6ut written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operat1ons on all or any port1on or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. C7-7 (7) l .. '' b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. c. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. f. g. - ' . h. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or owner provided for in these Contract Documents. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. Substantial evidence of of illegally procuring a fraud on the City in the contract. collusion for the purpose contract or perpetrating construction of work under i . A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j . If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. . . If the· Contractor commences legal action against the owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cau ~e or causes, or when the contract is cancelled, the Contract o r shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written C7-7 (8) .. consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work -performed by them in accordance with the terms of _ the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it· may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of car~ying on the work and to procure other tools, equipment, materials, labor and property for the completiorr of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall .be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the owner of the excess due. When any . particular part of-the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Coniractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have C7-7 (9) been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner . C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. B. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated~ and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. • place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; • 3. • terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: C7-7 (10) ~~~'I': C. a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and .in which the Owner has or may acquire the rest. At a time not later than 30 days after ~he termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and guality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted -shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. C7-7 (11) D. E. j • F. G. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this . 6ontiact; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an C7-7 (12) H. equitable adjustment of the price or prices specified in the contract relating to the continued portion of the ~ontract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the 0 0wner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for th e ir enforcement. ~ l The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) PART C -GENERAL CONDITIONS ca-a MEASUREMENT AND PAYMENT SECTION CS-8 MEASUREMENT AND PAYMENT CS-8.l MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. CS-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk duet~ the elements and other causes, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. CS-8.3 LUMP SUM: When in the Propo~al a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time ca-a n > before its final acceptance by the Owner, (except as provided in paragraph CS-5.14) for all risks of whatever description c onnected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of ·the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of t he Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided t herein. C8-8.S PARTIAL ESTIMATES AND RETAINAGE: Between the 1st and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% of such estimated sum will be paid to t h e Contractor if the -~otal ~ontract amount is $400,000 or greater with i n twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the the time of the estimate have not been installed. C such payment will be allowed on a basis of 85% of the net invoice value thereof.) The Contractor shall furnish the Engineer such informatio~ as he may request to aid C8-8 (2) him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from mon t h to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right co withhold the paymeht of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. CS-8.8 FINAL PAYMENT: Whenever all the improvements provided !or by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. CS-8 ( 3) The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnish~d by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort worth has been paid, and that there are no claims pending for personal injury and/or property damages. • The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. CB-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents,·approved modifications thereof, and all approved additions and alterations thereto. CB-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any prov1s1on in the Contract Documents nor partial or entire occupancy or use of the premises by the owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and C8-8 (4) f pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as . above outline. The Owner will give notice of observed defe~ts with reasonable promptness. C8-8.ll SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Cc~t ~~ct Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. CB-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be ' in accordance with the General Contract Documents regardless of the actual amount used for the project. CB-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. CB-8 CS) ii.I PART CS Supplementary Conditions liiil .... - SUPPLEMENTARY CONDITIONS FORT WORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS June 1, 1995 1. CONTRACT DOCUMENTS: In Section Cl-1.2 CONTRACT DOCUMENTS, delete Paragraph Cl-l.2b SPECIAL CONTRACT DOCUMENTS and add the following: "b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A -NOTICE TO BIDDERS (Advertisement) SPECIAL INSTRUCTION TO BIDDERS PART B -PROPOSAL (Bid) M/WBE BID SPECIFICATIONS PART C -GENERAL CONDITIONS Canary PART CS-SUPPLEMENTARY CONDITIONS PART D -SPECIAL CONDITIONS PART E -TECHNICAL SPECIFICATIONS PERMITS/EASEMENTS (Some Permits are Multicolored) PART F -BONDS AND INSURANCE PART G -CONTRACT PART H -PLANS/FIGURES (may be bound separately) White White White Goldenrod Yellow Green Green White White White White White" 2. PROPOSAL FORM : In Section C2-2.1, Paragraph 1, revise last sentence to read as follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and Experience Record, all of which must be properly executed and filed with the Director of the Water Department two weeks prior to the hour for opening of bids . Information shall be on forms provided by the Bidder and acceptable to the City. 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes in the site conditions caused by factors outside of the control of the Contractor which occur after the Contractor's inspection and prior to installation." 4. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C -General Conditions, Section C2-2, exchange paragraphs C2-2.7, C2-2.8, and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security and other required material, to the Purchasing Manager or his representative at the official location and stated time set forth in the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" CS-1 5. and the name or description of the project designated in the "Notice To Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth , Texas 76102 ." C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for the opening of proposals. A request for non consideration or a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS : Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposal. • MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Delete entire Paragraph C3-3.2, and replace with the following: C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresent?-tion of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal. state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 6. C3-3.5 AW ARD OF CONTRACT is modified to read as follows: "The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed the period stated for the duration of the Bid Security stated in the Notice to Bidders or 90 days, whichever is shorter." 7. LOCAL AGENT FOR INSURANCE AND BONDING : For Paragraph after Paragraph C3-3 .7d OTHER BONDS, which begins with "No sureties", on the sixth line of the paragraph delete the words "the City of Fort Worth". CS-2 - - - ...., - 8.0 INSURANCE: Change the following portions of C3-3.11 Insurance as shown below: 8.1 INSURANCE FOR SUBCONTRACTORS : At the end of the first paragraph of Section C3-3.11, after "and for all subcontractors", insert the following sentence: "The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of C3-3. l l are met for all subcontractors." 8.2 INSURANCE LIMITS: In Section C3-3.11, after the word "occurrence", add "/aggregate". 8.3 COMMERCIAL GENERAL LIABILITY INSURANCE: In Paragraph C3-3.llb: Replace the word "Comprehensive" with "Commercial" Add the following to Paragraph C3-3.l lb: "Certificates of insurance shall state that Insurance is on an "occurrence" basis." Certificate shall also contain a statement that no exclusions by endorsement have been made to the Commercial General Liability Policy". 8.4 AUTOMOBILE INSURANCE LIMITS: Revise Paragraph C3-3.1 ld so that the insurance limits are as follows: Bodily Injury 250,000 each person . Bodily Injury 500,000 aggregate Property Damage 100,000 aggregate 8.5 COMMERCIAL GENERAL LIABILITY (COL) POLICY: Amend Paragraph C3-3.1 lc, Additional Liability, by adding the following: "7. When required by the Contract Documents, Environmental Impairment Liability Coverage must be provided in the limits of $1,000,000 per occurrence and $2,000,000 annual aggregate. The Environmental Impairment Liability (EIL) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emissions, and clean-up costs. The EIL coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. EIL for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s)." 8.6 LOCAL AGENT FOR INSURANCE AND BONDING: For Paragraph C3-3.1 lg, delete entire paragraph beginning "Local Agent for Insurance and Bonding". 9. LIMITATION OF INCIDENTAL CHARGES (Reference C4-4.5c): The Contractor agrees that should any change in the work of extra work be ordered, the following applicable percentage shall be added to Material and Labor Costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed 15%. CS-3 2. Allowance to the Contractor for overhead and profit for extra work performed by a subcontractor and supervised by the Contractor shall not exceed 10 %. Contractor shall be reimbursed for direct field overhead when the change requires an extension of the Contract period . Contractor shall not be reimbursed for indirect overhead or indirect costs related to changes to this contract. 10 . TESTING COSTS : Section 5-5.12, revise the first sentence to read as follows : 11. "Where , as called for in the Contract Documents , tests of materials or equipment are necessary, such tests will be made at the expense of and paid for by the Contractor unless otherwise specifically provided for in the Technical Specifications." LAWS TO BE OBSERVED : Section C6-6.1 , delete "or which may be enacted later". After the word "exist" add "at the time of the Contract or may be hereafter exist during the performance of the Contract." 12. BUILDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the paragraph ; 13. "Contractors are responsible for obtaining construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Department in accordance with the permit requirements and submit copy of updated schedule to the Engineer weekly. Plumbing, electrical and mechanical building permits are issued without charge. Water and sewer access fees will be paid by the Water Department. Any other permit fees are the responsibility of the Contractor." BARRICADES , WARNINGS AND FLAGMEN: In Paragraph C6-6.8 , replace the word "watchmen" wherever in appears with the word "flagmen". In the first paragraph , lines five (5) and six (6), replace "take all such other precautionary measures" with "take all reasonable necessary measures". 14 . STATE SALES TAX: A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety . B. • This contract is issued by an organization which qualifies for exemption pursuant •• to the provisions of Article 20.04 (F ) of the Texas Limited Sales , Excise, and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State Sales Tax under House Bill 11, enacted August 15, 1991. All such taxes shall be included in the various amounts on the Proposal Form. The successful Bidder shall be required to submit a breakdown between costs of labor, consumable material and other construction costs and costs of material incorporated into the project construction prior to execution of this contract. C. At the time of execution of the Contract Documents by the Contractor , the Contractor shall complete the "Statement of Materials and Other Charges" which CS-4 - - - - - .... 15 . identifies the project costs anticipated in the Project into "Materials Incorporated into the Project" and "All Other Charges". The Contract shall be a "Separated Contract". D. The City of Fort Worth will issue appropriate Certificates of Resale to the Contractor. E. All Change Orders to the Contract will separate charges for materials and labor and will contain the following statement: "For purposes of complying with Texas Tax Code , the Contractor agrees that the charges for material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to th e Contractor." PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows : Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day of the month that work has been is in progress . The estimate shall be processed by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period , less the appropriate retainage as set out below.Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of pay estimate have not been so installed. If such materials are included within a pay estimate; payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000.00 at the execution , retainage shall be ten percent (10 %). For contracts of $400,000.00 or more at the time of execution , retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with subcontract agreement, within five (5) business days after receipt by the Contractor of the payment by the City . Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished . The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. 16 . RIGHT TO AUDIT : Add the following to Section C8-8: C-8-8 .14 RIGHT TO AUDIT: "(a) The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books , documents, papers , and records of the Contractor involving CS-5 transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits . (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall , until the expiration of three (3 ) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents , papers , and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities , and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. The City shall give subcontractor reasonable advance notice of intended audits . (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of the copies as follows : 1. 50 Copies and Under -10 cents per page. 2. More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter." (5/25/93) 17. SCHEDULE OF COSTS : Add the following to Section C8-8 : C8-8.15 SCHEDULE OF COSTS: Following the completion of all work on the Project and prior to submittal of a request for final payment, the Contractor shall provide a Schedule of Costs to City for approval which lists all equipment systems , structures , building electrical and HV AC systems, overhead and project related costs . The items will be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. The Schedule of Costs will be used by the City as input to the Capital Assets System , and will not be considered in preparation of modifications to the Contract. Costs associated with the preparation and processing of this schedule of costs shall be subsidiary to the price bid . The Contractor will also provide a projected payment schedule tied to the project schedule and the schedule of values which projects the monthly payments through the end of the Project. The Payment schedule must be submitted along with the first request for payment. This information is necessary to arrange financing of the Project by the City. END OF SECTION CS-6 - - - - PARTD Special Conditions liiiil - - - PART D -SPECIAL CONDITIONS D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, dated January 1, 1978, with revision through the date of initial advertisement, are made a part of the Contract Documents for this project. The Plans, these special Contract Documents, and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturer's name, number or identification included _ therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the CONTRACTOR. The Contract Documents are made of several sections which, taken together, are intended to describe and provide for a complete and useful project. Any requirement appearing in one of these sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimensions shall govern over scaled dimensions and Special Conditions shall govern over General Conditions. The work or materials called for by one and not shown or mentioned in the other shall be accomplished and furnished in as faithful manner as though required by all. The CONTRACTOR shall not take advantage of any apparent error or omission in the Contract Documents , and the OWNER shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents . The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall gene~ally , but not necessarily , follow the guidelines listed · below: 1. Special Contract Documents a. Special Conditions b. Plans c . Technical Specifications d. Supplementary Conditions e . General Conditions 2 . General Contract Documents and General Specifications The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Documents under the provisions stated above . D-2 PROJECT DESCRIPTION AND LOCATION: The work to be accomplished under this Contract and these special documents shall be performed under the Fort Worth Water Department Project Designation: Sewer Project No. PS46-070460300060 Further Processing, Removal and Reuse of Biosolids from Drying Beds and consists of furnishing all materials (except materials specified to be furnished by the OWNER), equipment, and labor for the Project and all necessary appurtenances and incidental work to provide a complete and operable project. D-1 The area for further processing and loading biosolids (solids) for the Project shall be located at , and limited to, the designated areas shown on the Plans at the Drying Beds which is located 0 .8 mile northeast of the Village Creek Wastewater Treatment Plant. The areas designated for use by th e CONTRACTOR at the Drying Beds for the Project are referred to as the Project Site . D-3 PROJECT COORDINATOR: The CONTRACTOR shall contact the OWNER 's Project Coordinator concerning access ing the Project Site . obtaining available dat a and other information concerning the Project. Th e Project Coordinator is : Mr. Robert T . McMillan Assistant Director Water Pollution Control Village creek Wastewater Treatment Plant P .O. Box 870 Fort Worth, Texas 76102 817-277-7591 FAX 817-548-1344 D-4 DEFINITIONS: The following definitions are provided in addition to those set forth in the Contract Document: 1. The term "Biosolid (s)" shall mean an y sewage sludge which has been processed (stabilized ). 2 . The terrn(s ) "Biosolids", "Class A", "Class A sewage sludge", or similar words are all one in the same and shall mean sewage sludge meeting the Class A pathogen reduction requirements set forth in 40 CFR 503 and 31 TAC Chapter 3 12. 3. When the words "Construction", "Construct", or similar words and combinations are used in these Contract Documents, it shall be understood to include all work and services to be provided for completing the work and shall include but not be limited to work necessary for furnishing, installing and operating all equipment necessary to complete the work, and providing all services to complete the work required under these Contract Documents and Specifications . 4 . The term(s) "Construction Contract:, "Contract Agreement", "Contract" or "Agreement" are one in the same and shall be accepted as having the same meaning for the purposes of this document as set forth in the General Conditions . 5. The term "Further Processing" shall mean the shredding, grinding and screening of biosolids to remove or render unrecognizable any large pieces of rubber, plastic, glass , or other trash. 6. The term(s) "non-Project Site" shall mean any site which cannot be characterized as Project Site , such as, but not limited to , CONTRACTOR 's sludge disposal sites , and CONTRACTOR 's processing and storage sit es not located at the Project Site. Non- Project Site(s) cannot include any property owned by the City of Fort Worth . D-2 liiiil - - - - - - 7. 8. The term "OWNER" or "CITY" are one in the same and shall mean the City of Fort Worth, Texas. The term(s) "Part A", "Notice to Bidders", "Notice to Bidders and Instructions to Bidders", "Instructions to Bidders" and similar words and terms are to be understood to be all a part of Part A -Notice to Bidders, and shall include the same definition as set forth in the General Conditions. The Instructions to Bidders shall be understood to be part of Part A -Notice to Bidders . The Instructions to bidders are those conditions, instructions, documents, etc., which include some of the duties and responsibilities of Bidders during the bidding process and provide instructions for completing and submitting bids , and also include, but are not limited to , Prequalification Requirements, Completion of Bid Form (Proposal), Award of Contract, Execution of Contract, Wage Rates , Bonds, Age Discrimination, M/WBE Bid Specification Item, and any others set forth in Part A. Part A -Notice to Bidders shall be understood to be part of the Contract Documents. 9. The term "PFRP" shall mean processes to further reduce pathogens as set forth in 40 CFR 503. 10 . The termts) "Project Site", "On-Site", "OWNER's Premises" or similar words are all one in the same and shall mean the specific area at the OWNER's Drying Beds which is designated for use by the Project's CONTRACTOR. The Drying Beds are located 0.8 mile northeast of the Village Creek Wastewater Treatment Plant. 11. The term "PSRP" shall mean processes to significantly reduce pathogens as set forth in 40 CFR 503. 12. The term "Reuse" shall mean land application, beneficial reuse or other means of disposal not prohibited by these Contract Documents or by current applicable Federal and State statutes, regulations, and permits. 13 . The term(s) "Sludge(s)", "Solid(s)", Sewage Sludge(s), or "Sewage Solid(s)" or similar words are one in the same and shall mean any solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage -sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment in a treatment works. 14 . The term(s) "Storage", "Storing", "Temporary Storage", "Stockpile" or similar words are all one in the same and shall mean the temporary placement of solids in a specific area for storing until the solids can be finally disposed as required by the Contract Documents. 15. The term "Operating Plan", shall mean the specific plan which sets forth the CONTRACTOR's schedules, means, methods, techniques, sequences and procedures for performing the required work and for safety at the Project and non-Project Sites. 16 . The term TNRCC means Texas Natural Resources Conservation Commission. D-3 17. The term(s) "Transport" and "Transporting" are one and the same and shall mean the collection and conveying of biosolids by truck or other means. 18. The terms "Village Creek WWTP ", "VCWWTP", or "Plant" or similar terms shall mean Village Creek Wastewater Treatment Plant. D-5 SPECIFICATIONS REFERENCES: When reference is made in these specifications to a particular ASTM, AWW A, ANSI or other specification standard prior to the date of these general specifications , or revisions thereof, the latest date of the referenced specification or revisions thereof shall apply. D-6 PHYSICAL CONDITIONS -SURVEYS AND REPORTS: Subsurface exploration t o ascertain the nature of soils is the responsibility of any and all prospectiv e bidders. The Owner has made test borings of Sludge Stockpile No. 12 and extracted samples of material for the purpose of analyzing and classifying sludge . This information is included in Appendix C to these specifications and Contract Documents . D-7 INTERPRETATION OF REQUIREMENTS: 1. Interpretation : Any questions as to interpretation of drawings and specifications or any quystions arising after examination of premisses must be referred to the ENGINEER in writing . Neither interpretations nor instructions given verbally by the person will be considered valid. 2. Lack of Understandimr: Lack of understanding of Drawings and Specifications or failure to secure information concerning all conditions will not justify any claims, and extra compensation will not be made simply because of lack of such knowledge . D-8 INTERPRETATION OF PHRASES: Wherever the words "Directed", "Required", "Permitted", "Designated ", "Considered Necessary", "Prescribed ", or words of like import are used in the Plans or in the Specifications, it shall be understood that they are intended as prerogative of the OWNER ; and, similarly , the words, "Approval", "Acceptable", "Satisfactory", or words of like import shall mean approval , etc . by the OWNER. Wherever in the Specifications or in the Plans for the work the terms or descriptions of various qualities relative of finish, workmanship, or other qualities of similar kind cannot, because of their nature, be .specifically and briefly described and are customarily described in .general terms, the OWNER shall be final judge as to whether or not workmanship so described is being performed in accordance with the intent of the Plans and Specifications. The work shall be completed in accordance with his interpretation of the meaning of such words, terms, or clauses . D-9 EQUAL EMPLOYMENT PROVISIONS: The CONTRACTOR shall comply with the requirements of the General Conditions concerning equal employment provisions, such as, but not limited to, City Ordinance Number 7278 as emended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. The CONTRACTOR shall pos t the required notice to that effect on the Project Site , and , at his request , will be provided assistance by the City of Fort Worth 's Equal Employment Officer who will D-4 - - - - - - - - - - refer any qualified applicant he may have on file in his office to the CONTRACTOR. Appropriate -notice may be acquired from the equal Employment Officer. D-10 WAGE RATES: See attached schedule of wage rates within these documents . The labor classifications and minimum wage rates set forth shall govern on all work performed by the CONTRACTOR or any subcontractor no the site or the project covered by these Contract Documents. In no event shall there be paid rates less than the rates set forth in the schedule. Where there is a conflict between the wage rates provided, the CONTRACTOR shall use the higher of the wage rates. D-11 MODIFICATIONS TO GENERAL CONDITIONS: The following Supplementary Conditions are made a part of this Part D -Special Conditions, and modify the General Conditions by making additions., clarifications and/or deletions. In cases of conflict between the Supplementary Conditions and the General Conditions, the Supplementary Conditions shall govern. SC-1 -ALTERATION OF CONTRACT DOCUMENTS: Paragraph C4-4.4 of the GENERAL CONDITIONS shall be completed to read as follows: "By Change Order or Field Order, the OWNER reserves the right to make changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes are consistent with the overall intent of the Contract Documents . A Change Order, as set forth in the General Conditions, is a written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion or revision in the Work, requiring an adjustment in the Contract Price or Contract, Time issued after execution of the Contract. A Field Order is a written order issued by the OWNER after execution of the Agreement which authorized minor changes or alteration in the work that do not involve changes in the Contract Time or Contract Amount. Modifications to the contract can only be authorized by a Change Order or Field Order. Such changes shall not be considered a waiving or invalidating any condition or provision of the Contract Documents. If CONTRACTOR believes that a minor change or alteration authorized by Field Order entitles him to an increase in contract amount or contract time, he shall not proceed with the. work and shall, within 10 days after receiving the Field Order; so advise the ENGINEER in writing and request that a Change Order be issued." SC-2 -PART C -GENERAL CONDITIONS: Paragraph C3-3.7 Bonds, the paragraph after subparagraph d. Change the paragraph to read as follows: "No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S . Treasury List of Acceptable Sureties [Circular 870], or (2) the surety must have capital and surplus equal to ten D-5 Classification Asphalt Heater Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Batterboard Setter Carpenter Carpenter, Helper Concrete Finisher (Pav) Concrete Finisher Htpr (Pav) Concrete Finisher (Strs) Concrete Finisher Htpr (Strs) Concrete Rubber Electrician Electrician Helper Flagger Form Bu ilder (Strs) Form Builder Htpr (Strs) Form Liner Form Setter (Pav & Curb) CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1992 Rate Classification $10.25 POWER EQUIPMENT OPERA TORS $8.565 Asphalt Distributor $8 .255 Asphalt Paving Machine $9 .371 Broom or Sweeper Operator $8.920 Bulldozer, 150 HP or less $9.447 Bulldozer, Over 150 HP $7.695 Concrete Paving Curing Mach $9.345 Concrete Paving Finishing Machine $8.146 Concrete Paving Form Grader $9.058 Concrete Paving Joint Machine $7.494 Concrete Paving Joint Sealer $7.733 Concrete Paving Float $12.761 Co n crete Paving Saw $8.436 Concrete Paving Spreader $5.598 Slipform Machine $8.717 Crane, Clamshell, Backhoe, Derrick, $7 .550 Dragline, Shovel(less than 1-1/2 CY) $8.913 Crane, Clamshell, Backhoe, Derrick, $8.686 Dragline, Shovel (i -112 CY & over) Form Setter Hlpr (Pav & Curb) $7.787 Crushing or Scrng Pit Opr. Form Setter (Structures) $8.427 Form L oader Form Setter Htpr (Strs) $7.356 Foundation Drill Operator Laborer, Common $6.402 (Crawler Mounted) Laborer, Utility $7.461 Fou nd ation Drill Operator Mechanic $10 .658 (Truck Mounted) Mechanic Helper $8.345 Foun dation Drill Operator Helper Oiler $8.698 Front End Loader (2-1 /2 CY or less) Servicer $8.104 Front End Loader (Over 2-1/2 CY) Piledriver $7.500 Hoist (double dru m & less) Pipelayer $8.509 Pipelayer Helper $7.037 Blaster $11.333 Blaster Helper $7.250 D-6 - Rate $8.400 $9.053 $7.908 -$8 .7 03 $9.160 $8 .213 $9.453 $8.500 $9.042 liiii $7.350 $7.875 $9 .290 - $9.750 $9.000 -$9.513 $10.517 - $9.500 $12.000 $10.000 -$11.138 $8.688 $8 .823 $9 .311 $8.917 - - - - - - - - - - - - Classification CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1992 Rate Classification POWER EQUIPMENT OPERATORS POWER EQUIPMENT OPERATORS Milling Machine Operator $6.650 Wagon-Drill, Boring Machine Mixer (over 16 c.f.) $9.000 Reinforcing Steel Setter Mixer (16 c.f. & less) $7 .913 (Paving) Mixer -Concrete Paving $9.500 Reinforcing Steel Setter Motor Grader Operator $10.346 (Structural) (fine grade) Reinforcing Steel Setter Helper Motor Grader Operator $9.891 Steel Worker -Structural Pavement Marking Machine $6.402 Sign Erector Postbole Driller Operator $9.000 Sign Erector Helper Roller, Steel Wheel $8.339 Spreader Box Operator (plant-mix pavements) Barricade Servicer Zone Wk. Roller, Steel Wheel $7.963 Mounted Sign Installer (flatwheel or tamping) (Permanent Ground) Roller, Pneumatic Self-prop $7.403 Truck Driver-Single Axle (light) Scraper (17 c.y . & less) $8.138 Truck Driver-Single Axle (heavy) Scraper (over 17 c.y.) $8 .205 Truck Driver-Tandem Axle Side Boom $7.793 (semi-trailer) Tractor-Crawler Type $8 .448 Truck Driver-Lowboy/Float (150 HP and less) Truck Driver-Transit Mix Tractor-Crawler Type $8.873 Truck Driver-Winch (over 150 HP) Vibrator Operator Tractor-Pneumatic $7.735 Welder Traveling Mixer $7.615 Welder Helper Trenching Machine -Light $8.188 Trenching Machine -Heavy $12.298 D-7 Rate $9.000 $9.218 $11.548 $8.665 $16.300 $11.436 $6.402 $6.988 $6.402 $6.402 $7.465 $8 .067 $7 .816 $9.653 $7.507 $8.200 $7.000 10.459 $9 .000 times the amount of the bond. The surety must be licensed to business in the State of Texas . The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10) of the total capital and surplus . If reinsurance is required , the company writing the reinsurance must be authorized , accredited or trusteed to do business in Texas." SC-3 -PART C -GENERAL CONDITIONS: Paragraph C3-3 .11 : Delet e subparagraph a . SC-4 -PART C -GENERAL CONDITIONS: Paragraph C3-3.ll: Delete subparagraph g. D-12 PAYMENT FOR SLUDGE REMOVAL AND REUSE: Full payment will be made for biosolids that have been loaded , transported , and reused by OWNER approved means . No partial payments will be made for biosolids that are stockpiled or temporarily stored. D-13 ADJACENT FACILITIES AND PROPERTIES: The CONTRACTOR shall examine all Project and non-Project Sites as set forth in the Contract Documents. D-14 PROPOSAL (BID) PRICES: The "Unit Bid Price" for each and every item, as set forth in the Proposal, shall include the furnishing of all labor, tools, materials, machinery , appliances, and equipment appurtenant to and necessary for the construction and completion in a first class, workman- like manner of all work specified in strict accordance with the Specifications and accompanying Plans. The "Bid Price" shall also include any and all kinds, amount or class of excavation, backfilling , pumping, or drainage, sheeting , shoring, and bracing, disposal of any and all surplus materials , cleaning up , overhead expense , bond, public liability , and compensation and elements, and profits unless otherwise specified. The bid price shall also include all other incidentals not specifically mentioned above that may be required to fully construct and/or provide all work for each and every item complete in place in accordance with the true intent and meaning of the specifications and accompanying plans for the proper execution and completion of the work associated with the Project. Any part of any item of the work which is reasonably implied or normally required to satisfactorily complete such work shall be performed by the CONTRACTOR and the expense thereof shall be included in the applicable unit price bid for the work. All miscellaneous work items that are incidental to meeting the intent of the Specifications shall be considered as having been included in the unit price bid for the work even though these items may not be specifically called for in the specifications. D-15 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed . by the plans or the general contract documents , but for which no specified bid item has been provided for in the proposal shall be considered as a subsidiary item of work, the cost of which shall be included in the total price bid in the proposal . Surface restoration and cleanup are general items of work which fall into the category of subsidiary work. D-16 TIME OF COMPLETION AND LIQUIDATED DAMAGES: The OWNER requires that all work under this Contract be completed as set forth herein (see paragraph C7-7.10 .). In the event the CONTRACTOR fails to complete the project within the time and/or conditions set forth herein, the OWNER may withhold permanently from the CONTRACTOR 's total compensation the sums set forth herein, not as a penalty, but as liquidated damages , and for added expenses for engineer services, inspection, loss of revenue, etc., in connection with the project. D-8 - - - - - - - - - - - - lioiil - Completion Schedule The CONTRACTOR accepts this Contract with the understanding that within three hundred (300 ) calendar days from the date set forth in the No tice to Proceed for the authorization to start work the CONTRACTOR shall complete all mobilization and installation of equipment, complete all testing and startup ; and shall begin work, which includes , but is not limited to , further processing , transporting , and disposing by OWNER approved means all of the VCWWTP's sludge discharging from the OWNER 's discharge points as set forth herein and as set forth in the Specifications . - Upon completion of said mobilization, installation of equipment, etc., and testing and start up , the CONTRACTOR shall provide a written notice to the OWNER , for OWNER's approval and signature, that the CONTRACTOR is ready to begin the said work on the date set forth in the written notice. The CONTRACTOR accepts this Contract with the understanding that the CONTRACTOR shall continue said work and disposal of all sludge in stockpile #12 at the drying bed as set forth in the Specifications for 300 calendar days from the date set forth in the written notice provided to and approved by the OWNER indicating the CONTRACTOR is ready to begin work. Upon completion of the proj ect, the CONTRACTOR shall demobilize , remove and repair all fences , equipment and item s not to be owned by OWNER , utilities , paved surfaces , etc., and as designated by the OWNER, to restore on-site (Project Site) and offsite (non-Project Site) properties to original pre-work conditions within 30 days after final acceptance of the further processing, transportation and disposal by OWNER approved means . Liquidated Damages Recognizing that further processing and disposal of biosolids is a responsibility of the CONTRACTOR incurred upon acceptance of the biosolids from the OWNER and that temporarily storing biosolids at non-Project Site(s ) would cause the OWNER to incur additional costs in the event of CONTRACTOR default, the OWNER will deduct the sum of two thousand dollars ($2,000), not as a penalty, but as liquidated damages for each day or portion thereof during which the CONTRACTOR maintains the temporary storage of biosolids (whether for further processing , safe keeping , stockpiling, etc.) at non-Project Site(s) which exceeds a total volume of five thousand (5,000) cubic yards of biosolids, for all combined non-Project Sites . The OWNER may elect to verify the volume of biosolids stored for processing and/or temporary storage at non-Project Site(s) at any time. Should such verification indicate a total stored volume to be in excess of five thousand (5,000) cubic yards , the OWNER will charge to the CONTRACTOR all costs for such verification . Verification by the OWNER of volumes less than five thousand (5,000) cubic yards shall not be charged to the CONTRACTOR. If the CONTRACTOR can completely dispose of those biosolids stored (whether for processing, safe keeping, stockpiling, etc.) at the Project Site and/or the non-Project Site(s) for which liquidated damages were imposed, then the OWNER will return eighty percent (80%) of the monies deducted for liquidated damages for those biosolids upon complete disposal of those biosolids . D-9 Upon completion of the project , if the CONTRACTOR fails to restore the Project Site and non-Project Site(s ) to original prework conditions within 30 calendar days after final acceptance of the processing and disposing of all of the biosolids from the OWNER 's discharge points , then the sum per day set forth in the General Conditions (C7-7.10) will be deducted from the monies due the CONTRACTOR, not as a penalty but as liquidated damages suffered by the OWNER until the work is completed . Liquidated damages assessed against the CONTRACTOR shall be deducted from any compensation due to the CONTRACTOR prior to payment of outstanding invoices . If funds due to the CONTRACTOR are insufficient to offset the damages assessed , then the OWNER shall have the right to recover any unpaid damages from the CONTRACTOR, his sureties , or both . Assessment of liquidated damages in no way relieves the CONTRACTOR of any responsibilities to perform in accordance with the provisions of this Contract. D-17 FINAL ACCEPTANCE: After the Project 's work is satisfactorily completed, the OWNER shall make a final on-site and off-site inspection of the Project. If the Project has been satisfactorily completed in accordance with the Plans and Specifications, the OWNER will issue a written statement of final acceptance in accordance with C8-8 .7 FINAL ACCEPTANCE of the GENERAL CONDITIONS. D-18 OSHA STANDARDS: All work performed under this Contract shall meet the applicable requirements of the Occupational Safety and Health Administration (OSHA). It is the responsibility of the CONTRACTOR to be come fanuliar with the provisions of regulations published by OSHA in the Federal Register and to perform all of the responsibilities thereunder . It is the CONTRACTOR's responsibility to see that the Project is constructed in accordance with OSHA regulations and to indemnify and save harmless the City and Consulting Engineer from any penalties resulting from the CONTRACTOR 's failure to so perform . D-19 DISCHARGE PERMITS: The Village Creek Wastewater Treatment Plant currently operates under the following wastewater discharge Permits : 1. National Pollutant Discharge Elimination System (NPDES) -No . TX0047295 2. TNRCC -No. 10494-13 Copies of each of the permits are contained in Appendix A -NPDES Permit and Appendix B - TNRCC Permit. The CONTRACTOR is responsible for abiding by the conditions and requirements set forth in both permits which apply to sewage sludge and its beneficial reuse and utilization and incorporation into agricultural land. D-20 RIGHT OF ACCESS TO PROJECT: Representatives of the OWNER, Environmental Protection Agency, Texas National Resources Conservation Commission, Texas Water Development Board , Texas Air Control Board, and Occupational Safety and Health Administration shall have access to the Project wherever and whenever it is in preparation or progress , and the CONTRACTOR shall provide proper facilities for such access. This includes the right of said entities to take samples at any time and place, including but not limited to stockpiles , haul trucks , and reuse sites. D-21 ACCESS TO DRYING BEDS AND PROJECT SITE: Access to OWNER's Drying Beds must be maintaine d at all times . Prior to the start of any work on the Project, the CONTRACTOR D-10 - - - - - - - - - - - - shall meet with the OWNER and develop a construction schedule and a sequence of operations which will permit full, normal access (ingress and egress) to the Drying Beds and Project Site during the Project, and such schedule and sequence shall meet the approval of the OWNER. The CONTRACTOR shall be required to maintain the roadways utilized in his construction and operates in a reasonably clean condition . Weekly roadway cleaning , sweeping and scraping by the CONTRACTOR will be required as directed by the OWNER . Roadways shall no t be utilized for storage of materials. Gutters and drainage areas shall be kept clear of construction materials at all time. Temporary roadway closings and lane closures will only be allowed if approved and coordinated with the OWNER . The CONTRACTOR shall be required to maintain traffic at all times for all roadways . There may be times during the duration of the Project when weather conditions and/or flooding conditions exist in the vicinity of the Project Site which could interfere with the CONTRACTOR 's normal ingress and egress to the Project Site . D-22 USE OF OWNER'S PREMISES: Confine operations at Project Site to those areas permitted by : 1. Site limits shown on drawings. 2. Access roads and locations shown on drawings. The only allowed access to the Project Site is through the south entrance gate to the Drying Beds from Green Oaks Boulevard . 3 . OWNER's written permission for all other locations . Do not unreasonably encumber site with materials or equipment. The Contractor is permitted to work in the Drying Bed area from 6:00 AM to 6:00 PM, seven days per week. No work will be allowed outside of these times. Coordinate use of premises under direction of the OWNER. Obtain the use of additional work areas at the Drying Beds as needed for operations, if available and with OWNER's written approval. It shall be noted that the OWNER anticipates having no additional areas available at the Drying Beds other than that shown on the Plans and designated for use by CONTRACTOR for this Project. . Where. surface drainage channels, terraces or pipe drains are disturbed or blocked during construction, they shall be restored to their original condition of grade and cross section after the work of construction is completed . The CONTRACTOR shall be responsible for alternate drainage methods during this period . D-23 COORDINATION OF CONTRACTORS AND CITY: It is expected that during the construction of this Project that other contract work may also be in progress in the drying bed area. The CONTRACTOR shall be required to cooperate to the fullest with the other contractors, in eliminating conflicts with work or personnel at all times. In case of conflicts, the OWNER shall determine the responsibility or priority of work and OWNER's decisions shall be final. D-24 NOTIFICATION BY CONTRACTOR: Written notification of the need for testing , observation of work by OWNER or the intent to work outside of regular working hours. D-11 D-25 RESIDENT ENGINEER: The General Conditions Section Cl-1.19 ENGINEER defines various persons who may be designated as the ENGINEER. For the prosecution of this Contract, the term ENGINEER shall mean the Resident Engineer as designated by the Director of the Fort Worth Water Department, together with members of the staff of the Resident Engineer who are assigned to the Project. Any contacts the CONTRACTOR may wish to make with any City personnel, including the Superintendent of Wastewater Treatment and Pumping , members of plant operating staff, members of the City Administration , or Consulting Engineers, shall be arranged through the Resident Engineer. The CONTRACTOR shall not act upon any requests or instructions he may receive from any City personnel or the Consulting Engineer, nor shall he give instructions or directions to such persons without the approval or consent of the Resident Engineer. The CONTRACTOR must obtain specific approval of the Resident Engineer before removing any existing facilities necessary for plant operation. D-26 PROJECT SUPERINTENDENT: The CONTRACTOR shall keep a competent project (resident) superintendent at the project site at all times during the progress of the work. A resume listing the qualifications and experience record of the proposed project superintendent, as well as references from similar projects shall be submitted to the OWNER prior to the award of contract. This project superintendent, if found to be acceptable, shall not be replaced without written notice to and consent form the OWNER except under extraordinary circumstances . Qualifications of a proposed replacement shall be submitted when a request is made for the replacement of the superintendent and shall be approved by the OWNER proper to withdrawing the superintendent. During the construction of the project, the project superintendent shall demonstrate an ability to properly execute the work outline in the contract documents in a timely manner and shall consistently produce work of an acceptable quality and in accordance with the contract documents . If the OWNER shall have a reasonable objection to the performance of the project superintendent, the CONTRACTOR shall replace the project superintendent upon written notice from the OWNER. The project superintendent is to be replace with a superintendent acceptable to the OWNER. No extension of time will be allowed for delays caused by the replacement of a project superintendent. D-27 SUBCONTRACTOR EXPERIENCE: CONTRACTOR shall have the right to subcontract portions of the work whenever necessary to facilitate performance of the Contract and as set forth in the General Conditions. The CONTRACTOR shall provided, to the OWNER 's satisfaction, sufficient information demonstrating that all subcontractors are capable of performing the work to be subcontracted. D-28 CONTRACTOR'S OFFICE: The CONTRACTOR shall erect a CONTRACTOR'S field office at the project Site at a location approved by the OWNER. D-29 SANITARY PROVISIONS: As set forth in the General Conditions Section C6-6.4 SANITARY PROVISIONS, the CONTRACTOR shall provide all necessary sanitary conveniences for the use of workmen at the Project Site. Specific attention is directed to this requirement since construction personnel will not be permitted to access or use sanitary facilities, dressing rooms, lunch room, etc ., that have been provided for Village Creek Wastewater Treatment Plant staff. The CONTRACTOR shall also provide adequate drinking water facilities for construction personnel. There are no public sewer or potable water lines in the project area. D-30 PROJECT SIGN: A project sign is required for all projects where construction exceeds 30 calendar days or $25,000. Project signs shall be as illustrated in Figure 30 of the Fort Worth Water Department General Contract Documents and Specifications . Any and all costs associated with D-12 - construction, placement, maintenance and disposal of the sign are incidental to the Contract and no additional compensation will be allowed . D-31 CONTRACTOR MODIFICATION REQUEST/PROPOSED CONTRACT MODIFICATION: Any change in the contract documents will be initiated either by the CONTRACTOR issuing a CONTRACTOR's Modification Request or by the Owner issuing a Proposed Contract Modification on forms provided by the OWNER. Proposals will be reviewed by the OWNER and if found acceptable will be incorporated in a Change Order in accordance with Section C4-4 of the GENERAL CONDffiONS, or by Field Order as set forth in this PART D - SPECIAL CONDITIONS. The CONTRACTOR's Modification Request shall fully identify and describe the deviations and associated costs, time factors and impacts, and state the reason the change is requested. Any savings in costs related to the substitution is to be stated in the request for consideration. Cost of the ENGINEER's evaluation of any substitution or deviation requested by the CONTRACTOR shall be charged to the CONTRACTOR by the OWNER. D-32 PROJECT INFORMATION REQUEST: When necessary, the CONTRACTOR shall request additional information, clarification or interpretation of the contract documents or when the CONTRACTOR believes there is a conflict between the drawings and specifications, he shall identify the conflict and request clarification using the Project Information Request (PIR) form provided by the ENGINEER. Sufficient information shall be attached to permit a written response without further information. The OWNER will log each request and will review the request. If review of the project information request indicates that a change to the contract documents is required, the OWNER will issue either a Field Order or Change Order. D-33 RECORD DOCUMENTS: CONTRACTOR SHALL KEEP ON RECORD at the site a copy of all Specifications , Plans, Addenda, modifications and submittals, in good order and annotated in erasable red pencil to show all changes made during the construction process . These shall be delivered to ENGINEER upon completion of the work and before final payment is made. D-34 EXISTING UTILITIES: The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location . It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his construction operations. Contractor shall -make all necessary provisions for the support, protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be included in the unit cost of sludge removal. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. D-13 Where existing utilities or service lines are cut, broken or damaged , the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line . He shall cooperate with the owners of all utilities to locate existing underground facilities and notify the Engineer at once of any • conflicts in grades and alignment. In case it is necessary to change or move th e property of any owner of a public utility , such property shall not be moved or interfered with until ordered to do so b y the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs , of their propeny that may be made necessary by performance of this contract. D-35 WORKER'S COMPENSATION INSURANCE: A . Contractor's Worker's Compensation Insurance: Contractor agrees to provide the Owner (City ) a certificate showing that it has obtained a policy of worker's compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section . B . Subcontractor's Worker's Compensation Insurance : Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a cenificate from such subcontractor stating that the subcontractor has a policy of worker's compensation insurance covering each employee on the project. Contractor will no t permit any subcontractor to perform work on the project until such certificate has been acquired . Contractor shall provide a copy of all such certificates to the Owner (City ). C. Worker's Compensation Insurance Coverage : 1. Definitions : Certificate of coverage ("certificate"). A copy of a certificate of insurance , a cenificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81 , TWCC-82, TWCC-83 , or TWCC- 84), showing statutory worker's compensation insurance coverage for person's or entity's employees providing services on a project, for the duration of the project. Duration of the Project includes the time from he beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the City. Persons providing services on the project ("subcontractor" in Texas Labor Code Section 406.096 ) -includes all persons or entities performing all or part of the services the contractor has undenaking to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This included, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any entity which furnishes persons to provide services on the project. "Services" include without limitation, providing, hauling , or delivering equipment or materials, or providing labor , transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries , and delivery of portable toilets . 2 . The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of an y coverage agreements , which meets the statutory D-14 - - - - - - - requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3 . The Contractor must provide a certificate of coverage to the City prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing the coverage has been extended. 5. The contractor shall obtain from each person providing services on a project, and provide to the City: (a) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7 . The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by Texas Worker's Compensation Commission, informing all persons providing services on the projects that they are required to be covered and report lack of coverage . 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on .proper reporting on the classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor. prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor. prior to the end of the coverage period a new certificate of coverage showing the extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; D-15 D. (d) obtain from each other person with it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning on the project ; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for duration of project and for one year thereafter. (f) notify the City in writing by certified mail or personal delivery , within 10 days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project ; and (g ) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g ), with the certificates of coverage to be provided to the person for whom they are providing services . 10 . By signin g this contract or providing or causing to be provided a certificate of coverage, t11e contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on the proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed witll the appropriate insurance carrier or, in the case of a self-insured , with the Texas Workers' Compensation Commission's Division of Self-Insurance Regulation. providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions . 11 . The Contractor's failure to compl y with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City . Posting of Required Worker's Compensation Coverage . Toe contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered , and stating how a person may verify current coverage and report failure to provide coverage. This notice -does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 10 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE: The law requires that each person working on this site or providing services related to this consuuction project must be covered by workers' compensation insurance. This includes persons providing , hauling , or delivering equipment or materials , or providing labor or transportation or other service related to the project, regardless of the identity of their employer or st atu s as an employee. D-16 - - - - - "Call the Texas Workers• Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. D-36 ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents . No other explanation or interpretation will be considered official or binding . Should a bidder find discrepancies in , or omissions from, the Contract Documents, or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Water Department Engineering Services , in order that a written addendum may be sent to all bidders. An y addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. D-37 TERMINATION: It is understood and agreed that this contract may be terminated by the City without obligation to the Contractor, in whole or from time to time in part, whenever such termination is determined by the City to be in the best interests of the City . Termination may be effected by delivering to the Contractor or his designated representative a notice of termination, specifying to what extent performance of the work under the contract is being terminated and the effective date of termination . After receipt of notice of termination Contractor shall : A. Stop work specified in the notice on the date and to the extent specified in the notice of termination. B. Place no further order or subcontract except as necessary to complete work already underway. C. Terminate all orders and contracts to the extent that they relate to the perlormance of the work terminated by the Notice of Termination . D-38 HAZARDOUS AND TOXIC MATERIALS: Insofar as permitted by law, the Owner shall indemnify and hold harmless the Contractor from and against any and all liabilities, losses, cost, damages and expenses, arising out of use of the materials at the Owners site which are not under the direct control of the Contractor, including, but not limited to, any and all liability resulting from personal injury, including death, property liability , at any time, however caused, due to the presence or release of, or exposure, whether to the person of property injured or otherwise, whether to the person of property injured or otherwise, to any hazardous or toxic substance, provided, however, that the City liability shall be limited to that established in Article 6252-19, Texas Revised Code and other applicable State statutes and Constitutional provisions . D-39 AGE: In accordance with the policy "(Policy") of the Executive Branch of the Federal Government , Contractor covenants that neither it nor any of its officers , members , agents , employees, program participants or subcontractors, while engaged in perlorming this contract, shall, in connection with the employment, advancement or discharge '<f employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification , retirement plant or statutory requirement. D-17 Contractor further covenants that neither it nor its officers , members, agents, employees , subcontractors , program participants , or persons acting on their behalf, shall specify, in solicitations or advertisements for employees t o work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification , retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend , indemnify and hold City harmless agains t an y claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors ' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. D-40 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contracto r warrants that it any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability , terms and/or conditions of employment for applicants for employment with, or employees of Contractor or an y of its subcontractors . Contractor warrants it will fully comply with ADA 's provisions and any other applicable federal , state and local laws concerning disability and will defend , indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor 's and/or its subcontractor 's alleged failure to comply with the above-referenced law concerning disability discrimination in the performance of this agreement. D-41 INDEMNIFICATION: To clarify Section C6-6.12 of the General Conditions of the Contract, it is the intent of the Owner that the Contractor indemnify, hold harmless and defend the Owner, and the Owner's officers, agents , servants, and employees from and against any and all claims as listed herein, even though causes by the Owner's sole negligence. With respect to the last sentence of the first paragraph of Section C6-6.12, it is the Owner 's intent that the language be site specific to the general area where the work to be performed under the Contract is being performed . It is not the Owner 's intent that the Contractor be required to indemnify the Owner for damages to property other than that caused to property located in close proximity to this project, unless such damage is caused wholly or in part b y the Contractor's negligence . D-42 PROJECT BUDGET: The OWNER has budgeted $1 ,500 ,000 for this project. If the low bid exceeds the contract budget, the Owner reserves the right to reduce the quantity of sludge further processed, removed and reused by an amount necessary to reduce the contract amount below $1,500,000 and to execute a contract in that amount. D-43 TNRCC RULES: The project will be governed by the proposed TAC Chapter 312 rules due to be approved in August or September 1995 . D-44 FUNDING AND NON-APPROPRIATION: In the event that no funds or insufficient funds are collected, appropriated and budgeted or funds are otherwise unavailable for payment of amounts due hereunder by City to CONTRACTOR, City shall notify CONTRACTOR and this agreement shall terminate on the last day of the fiscal period for which appropriations were made without penalty or expense to City of any kind whatsoever, except as to the payment of amounts due and payable for which appropriates have been made for said fiscal period . Provided , however, that this Special Condition paragraph D-44 is not intended to grant to the City an independent ground for termination of this agreement separate and apart from an y grounds for termination for nonappropriation or non- availability of funds which would be provided to City by reason of Tex . Const. Ann . Article 11 , Sections 5 and 7. D-18 - - - - - - - PARTE Technical Specifications ,.n � � � � � � � � rr � � � �.r i � � � �= -- - — - � •_---.— - � - "" - PART 1 GENERAL 1.1 GENERAL SECTION 01300 SUBMITTALS A. Submittal Submission Procedures: As provided in the General Conditions, as specified herein, and as may otherwise be established during the pre-construction conference . B. OWNER'S Authorization: At any time, Owner may authorize changes to procedures and requirements for Submittals, as necessary to accomplish the specific purpose of each submittal. C. Timeliness: Make submissions in accordance with the requirements of individual specification sections, and in such sequence as to cause no delay in Work. D . Identification of Submittals: 1. Complete , sign , and transmit with each Submittal package , one Transmittal of CONTRACTOR'S Submittal Form attached at the end of this section. 2. Identify each Submittal with numbering and tracking system approved by ENGINEER: a. Sequentially number each Submittal. b. Resubmission of a Submittal will have the original number with sequential alphabetic suffix. 3. Show date of submission and dates of previous submissions . 4. Show project title and OWNER'S project number and contract number. 5. Show names of CONTRACTOR, Subcontractor or supplier; and manufacturer as appropriate. 6. Identify, as applicable, Contract Document section and photograph to which Submittal applies . 7. Clearly identify revisions from previous submissions. SECTION 01300 SUBMITT ALS Page 1 E. Incomplete Submittal Submissions : 1. At ENGINEER' s sole discretion, ENGINEER will either (i) return the entire Submittal for CONTRACTOR's revision/correction and resubmission, or (ii) retain portions of the Submittal and request submission/resubmission of specified items or as noted thereon . 2. Submittals which do not clearly -bear CONTRACTOR 's specific written indication of CONTRACTOR review and approval of Submittal or which are transmitted with an unsigned or uncertified submission form or as may otherwise be required under Contract Documents, will be returned to CONTRACTOR unreviewed for resubmission in accordance with Contract Documents. 3. Delays, resequencing or other impact to Work resulting from CONTRACTOR' s submission of unchecked or unreviewed, incomplete , inaccurate or erroneous , or nonconforming Submittals, which will require CONTRACTOR' s resubmission of a Submittal ENGINEER's review , shall not constitute a basis of claim for adjustment in Contract Price or Contract Times . F. Nonspecified Submissions: Submissions not required under these Contract Documents and not shown on schedule of Submittals submissions will not be reviewed and will be returned to CONTRACTOR. G. Transmit Submittals in accordance with current accepted schedule of Submittals submissions, and deliver as follows: 1. Submittals to OWNER: Robert McMillon Assistant Director/Water Pollution Control Fort Worth Water Department P .O . Box 870 Fort Worth , Texas 76101 2. Submittals to ENGINEER: Jerry F . Roberts , P.E. Project Manager Halff Associates, Inc . 4000 Fossil Creek Boulevard •• Fort Worth , Texas 76137 3. Submittal routing will be finalized at the preconstruction conference. H. Disposition of Submittals: As specified herein for administrative Submittals. ENGINEER will review, stamp, and indicate requirements for resubmission or acceptance on Submittal as follows: SECTION 01300 SUBMIITALS Page 2 1. Accepted: a. CONTRACTOR may proceed to perform Submittal related work. b. One copy for ENGINEER ' s file . c. Two copies returned to CONTRACTOR, one for onsite records. 2. Rejected as Noted (Revise/Correct or Develop Replacement and Resubmit): a. Revise/correct in accordance with ENGINEER ' s comments and resubmit. b. One copy to ENGINEER 's file. c. One copy returned to CONTRACTOR appropriately annotated . d . Remaining copy will be destroyed . I. ENGINEER ' s Review: ENGINEER will act upon CONTRACTOR ' s Submittal and transmit response to CONTRACTOR not later than 30 days after receipt, unless : (i ) specified otherwise or (ii ) accepted by ENGINEER as set forth in Paragraph ENGINEER ' s Duties below and identified on current accepted schedule of Submittals submissions. Resubmittals will be subject to the same review time. J. ENGINEER 's Duties: 1. Review Submittals with reasonable promptness and in accordance with current accepted schedule of Submittals submissions. SECTION 01300 a. No extension of Contract Times will be allowed due to ENGINEER's review of Submittals, unless all of following criteria are met: 1) CONTRACTOR has notified ENGINEER in writing that timely review of Submittal in question is critical to progress of Work, and has received ENGINEER 's written acceptance to reflect such on schedule of Submittals submissions and progress schedule. Written agreement by the ENGINEER to reduce the above Submittal review time will be made only for unusual and CONTRACTOR-justified reasons. Acceptance of a progress schedule containing Submittal review times less than specified above or less than· agreed to in writing by ENGINEER will not constitute ENGINEER ' s acceptance of the review times. 2) ENGINEER has failed to review and return first submission of a Submittal within agreed time indicated on current accepted schedule of Submittal submissions or, if no time is indicated thereon , within 30 days. 3) CONTRACTOR demonstrated that delay in progress of Work is directly attributable to ENGINEER' s failure to return Submittal within time indicated and accepted by ENGINEER. b. No extension of Contract Times will be allowed due to days in progress of Work caused by rejection and subsequent resubmission of Submittals , including multiple resubmissions. SUBMITT ALS Page 3 2. Review, return for correction, reject, or accept or approve Submittals submissions only as set forth in applicable paragraphs of General Conditions. 3. Stamp and indicate requirements for resubmission and acceptance or approval of Submittal submission. 4 . Return Submittals to CONTRACTOR for distribution or revision and resubmission. 5. Transmit to CONTRACTOR without review Submittal submissions received directly from Subcontractors, Suppliers, manufacturers, and nonrequired submissions from CONTRACTOR. K. Only the Operating Plan will be reviewed and all other submittals will be retained in a non reviewed status . 1.2 ADMINISTRATNE SUBMITIALS A. Description: Submittals required by Contract Documents that are not Shop Drawings or Samples, or that do not reflect quality of product or method of construction. Administrative submittals may include, but will not be limited to those Submittals identified below. B. Copies: Eight (8) C. Operating Plan: The CONTRACTOR shall compile an Operating Plan and submit to the Owner within ten (10) days after the Notice to Proceed. The Plan shall be a complete and detailed description of his proposed work methods, including but not limited to: 1. Listing of all areas, individuals or entities to receive biosolids and landowner's written consent to use land 2. Traffic Control Plan (on-site and off-site) 3. Emergency Spill Response Plan, and Spill Prevention Plan 4 . Insect Control Plan 5. Dust Control Plan 6. Odor Control Plan 7. Schedule of Operations (hours per day , days per week, whether work will be conducted outside of normal working days and estimated time of completion). SECTION 01300 SUBMITI ALS Page 4 8. Public Relations Program 9 . Overall Project Management 10 . Equipment Requirements 11. Steps to achieve regulatory agency compliance and listing of regulatory constraint compliance. 12 . Biosolids transport methods 13 . Biosolids disposal methods 14 . Means , procedures , and equipment to further process biosolids 15. Safety Plan 16. Plan for distribution and marketing. D. Applications for Payment: Meet the requirements of Section 13001, FURTHER PROCESSING , REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS, Paragraph 3.9, Measurement and Payment. E. Progress Reports and Quantity Charts : Meet the requirements of Section 13001 , FURTHER PROCESSING , REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS , Paragraph 3.3 Biosolids Reuse . F. Schedules: Meet the requirements of Section 13000 , FURTHER PROCESSING , REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS , Paragraph 3.3 Biosolids Reuse. . G. Submittals Required by Laws and Regulations of Governing Agencies : 1. Submit promptl y all notifications , reports , certifications , payrolls, and otherwise as may be required, directly to the applicable federal , state , or local governing • agency or their representative. • 2. Transmit to ENGINEER for OWNER'S records one copy of correspondence and transmittals (to include enclosures and attachments) between CONTRACTOR and governing agency . 1.3 SHOP DRAWINGS A Not applic able SECTION 01300 SUBMIITALS Page 5 1.4 QUALITY CONTROL SUBMITrALS A. Progress Photographs: 1. The CON1RACTOR shall take photographs of the project site and solids reuse sites prior to construction, monthly during the project and after completion of the project. Photographs shall be taken with a 35mm camera, equipped to -photograph either interior or exterior exposures, with lenses ranging from wide angle to 135mm. Photographs shall be taken at locations as designated by the ENGINEER. 2. CON1RACTOR shall video tape all roads and work areas to be affected prior to starting construction and furnish a copy of the video tape to the OWNER. 3. Two glossy color three by five (3" x 5") prints and the negative shall be provided for each photograph taken. Each print shall be marked on the reverse side to indicate project name, date and time, location, direction of exposure, and a description of what is being photographed. Prints shall be clear and sharp with proper exposure. If prints of adequate quality are not produced from exposures, additional photographs shall be taken immediately. 4. The CON1RACTOR shall provide six (6) photographs of the site prior to construction. Starting one month after the date of the preconstruction photographs, and continuing as long as the work is in progress, at least six (6) monthly photographs shall be taken to accurately record the work that has progressed during that period. Photographs are to be submitted with the monthly Partial Pay Request in plastic binders. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) SECTION 01300 SUBMITIALS END OF SECTION Page 6 PART 1 SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS GENERAL 1.1 SCOPE OF WORK A The CONTRACTOR shall furnish all labor , materials , equipment, and related items necessary to perform all duties , including, but not necessarily limited to further processing , loading , transporting, and reuse of biosolids . This work will be completed in accordance with the specifications, drawings, contract documents, and the regulations of all state, federal, and local agencies having jurisdiction. 1.2 CONTRACTOR'S RESPONSIBILITIES A. The Contractor is responsible for determining his method of biosolids loading , transporting and reuse. The Contractor may reuse the biosolids using any method acceptable to the Owner and in compliance with federal, state and local regulations except: 1. Disposal in a landfill (use as a landfill cover is permissible) 2. Any type of commingling with any other sludge. 3. Filling of gravel pits, rock quarries or excavated pits of any type . 4. Distribution of biosolids to the general public. 5. Any method with the potential to contaminate an aquifer. B. The CONTRACTOR shall compile an Operating Plan and submit to the Owner within ten (10) days after the Notice to Proceed . The Plan shall be a complete and detailed description of his proposed work methods , including but not limited to: 1. Listing of all areas, individuals or entities to receive biosolids and landowner's written consent to use land 2. Traffic Control Plan (on-site and off-site) 3. Emergency Spill Response Plan, and Spill Prevention Plan 4 . Insect Control Plan SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 1 5. Dust Control Plan 6. Odor Control Plan 7. Schedule of Operations (hours per day , days per week , whether work will be conducted outside of normal working days and estimated time of completion) . . 8. Public Relations Program 9 . Overall Project Management 10. Equipment Requirements 11 . Steps to achieve regulatory agency compliance and listing of regulatory constraint compliance. 12 . Biosolids transport methods 13. Biosolids reuse methods 14 . Means, procedures, and equipment to further process biosolids 15 . Safety Plan 16 . Plan for distribution and marketing. C . The CONTRACTOR has the sole responsibility for maintaining the biosolids in a condition meeting the requirements for pathogen and vector attraction reduction for a Class "A" sludge throughout the CONTRACTOR'S disposal operation . The CONTRACTOR shall provide the OWNER with written information setting forth verification of this responsibility . The CONTRACTOR shall abide by all requirements of 31 TAC312.47 Record keeping and provide copies of all records and certifications to the OWNER prior to completion of the Work. D. The CONTRACTOR shall familiarize himself with all applicable State and Federal flood plain regulations and how they relate to this work. E. Biosolids shall be considered reused of when they have been placed or spread in their final location . Stockpiled or stored biosolids shall not be considered as "reused". F . Temporarily stored or stockpiled biosolids at non-project sites must be reused within a thirty (30) day period from the time of transport. Permanent biosolids storage or stockpiling will not be allowed. Payment will not be made for temporarily stored or stockpiled biosolids at non-Project Sites until the biosolids have been placed or spread in their final location. SECTION 13001 FURTIIBR PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 2 G. In reusing biosolids , the CONTRACTOR will only be allowed to apply, incorporate or dispose the OWNER'S biosolids and will not be allowed to add any other biosolids or waste material to the land. H . The CONTRACTOR shall ensure that site where the OWNER'S biosolids are applied , incorporated or reused has not received any biosolids or waste material prior to applying , incorporating or disposing the OWNER 'S biosolids . I. Upon completion of the project , the CONTRACTOR shall demobilize , blade the site of the stockpile to a smooth finish at the pre-stockpile grades and otherwise restore the stockpile area to pre-construction conditions . The slopes of any portion of the stockpile not removed shall be dressed to uniform slope by blading . K. The CONTRACTOR will not be allowed to commingle , mix , and/or combine any solid waste/sludge or biosolids with the OWNER 'S biosolids , except for OWNER approved non-putresible material and non-household wastes such as wood chips or other similar material. L. The CONTRACTOR shall observe the rules and regulations of the State of Texas and agencies of the U .S Government prohibiting the pollution of any lake , stream , river , or wetland by dumping of any refuse , rubbish , dredge material , or debris therein . The CONTRACTOR is specifically cautioned that disposal of materials into any waters of the State must conform to the requirements of the Texas Natural Resources Conversation Commission and applicable permits from the U.S. Army Corps of Engineers , the City of Fort Worth , the County of Tarrant , or any government agency having jurisdiction. M. The CONTRACTOR shall abide by the Texas Air Control Board and shall obtain all applicable permits required by the Board . Air pollution shall be minimized by wetting down haul roads for dust control , and by requiring the use of properly operating combustion emission control devices on construction vehicles and equipment used by CONTRACTOR, and requiring the shutdown of motorized equipment not actually in use . All unpaved streets , roads, detours , or haul roads used shall be given a dust- preventive treatment or periodically watered to prevent dust. Applicable environmental regulations for dust prevention shall be strictly enforced. 1.3 OWNER 'S GUARANTEE A. The owner guarantees that the biosolids to be reused : 1. Are not subject to any special disposal requirements under state and local law comparable to the disposal requirements prescribed by federal law for wastes within the terms of the Federal Resource Conservation and Recovery Act or Section 405 of the Federal Clean Water Act. SECTION 13001 FURTHER PROCESSING , REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 3 2. Conform to numerical criteria for metals listed in Tables 1 and 3 of paragraph 503 .13 of 40 CFR 503. 3. Meet the pathogen reduction and vector attraction requirements for a Class "A" sludge. 1.4 SAMPLING AND ANALYSIS A. The owner has the right to take samples from the CONTRACTOR'S operation at any time an place . This includes sampling at the stockpile , from vehicles transporting solids and at the final disposal sites . 1.5 SUBMITTALS A. The CONTRACTOR shall submit to the ENGINEER all information in accordance with procedures set forth in Section 01300 , SUBMITTALS . PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 FURTHER PROCESSING OF BIOSOLIDS A. All biosolids shall be further processed before transportation such that all rubber , plastic , glass , debris, or trash is no larger than one-half (1/2) inch in any dimension. Further processing will involve grinding or shredding and screening through use of soil ~redders, particleizers , hammer mills or other appropriate equipment and screens . B . Details describing the nieans , procedures and equipment to further process biosolids shall be submitted as part of the Operating Plan in accordance with Section 01300 , Submittals. • 3.2 BIOSOLIDS TRANSPORT A. All biosolids shall be transported from the project site in a manner acceptable to and approved by the OWNER. B . The CONTRACTOR's construction traffic shall not obstruct or interfere with Owner's operations. Trucks shall adhere to all posted bridge load limits and other requirements as specified in local highway regulations and shall travel on state and federal highways as much as possible. The CONTRACTOR shall obtain written approval from county authorities, a minimum of seven days in advance , prior to using county roads for biosolids hauling. SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 4 1. The CONTRACTOR shall limit the use of all equipment to prevent the equipment from exceeding the load limits posted as acceptable to roadways used, whether onsite or off site or public or private . Where it becomes necessary to improve any roadways to accommodate CONTRACTOR ' s loads, CONTRACTOR shall either provide such improvements at his sole expense without additional reimbursement from the OWNER or restrict his loads to within acceptable limits . Any expenses for roadway testing, investigating , improving and repairing will be considered subsidiary to the CONTRACTOR' s work and must be included in the Bid (Proposal). C. All transportation of biosolids or other material shall be done in vehicles or equipment which contain the solids or other material in a manner to preclude the possibility of dripping, spilling , scattering, leaking or blowing. Biosolids shall be transported in sealed tank bodies or in open trucks with watertight beds and sealed gates, and fitted with splash covers and baffles to prevent spills resulting from wave action in the event of emergency stops. The gates shall be fitted with a minimum of four manually operated turnbuckles to avoid accidental opening while in transit. For trucks that facilitate unloading by dumping through a tailgate, a continuous one piece rear mud flap shall be installed the width of the truck to prevent sludge from flowing under the truck and accumulating on the tires and undercarriage during unloading. The CONTRACTOR shall be totally responsible to see that no truck shall leave the site in an overloaded condition with respect to both weight and volume . D . Cleanup of spilled biosolids and/or end products shall be provided by the CONTRACTOR at the project site, anywhere in transit, and at the reuse site. All spills or tracking of biosolids at the project sites , in transit to reuse sites or at the reuse sites are the responsibility of the CONTRACTOR and are to be cleaned up immediately. • 1. The CONTRACTOR shall furnish necessary equipment such as a water tank and spray truck to facilitate the cleaning of hauling and spreading equipment and cleaning of roadways . All hauling and spreading equipment shall be washed down before loading and also at spreading sites, if necessary, to prevent tracking of biosolids. E . Should mishaps occur for any reason , the CONTRACTOR shall immediately put into force the emergency spill response plan. The CONTRACTOR shall be responsible for cleaning up any such biosolids or other materials. F . The CONTRACTOR shall obtain all necessary permits and pay all required fees of the Texas Natural Resource Conservation Commission or other federal, state, or local agencies, as required, for the collection, transport and land application of a Class "A" sludge . SECTION 13001 FURTIIER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 5 3.3 BIOSOLIDS REUSE A. The CONTRACTOR shall provide and be responsible for the means of reuse including developing all markets, securing and obtaining all approvals for land required, responding to all complaints , and all else necessary to reuse the biosolids in an environmentally sound and satisfactory manner acceptable to and approved by the OWNER. B . Biosolids reuse shall be in accordance with applicable City, County, State, and Federal regulations, and any other authority having jurisdiction over the project. C . To reuse biosolids by the land application method, the successful bidder will be responsible for the following: 1. Assist the OWNER in submitting a complete "Notification Form" to the TNRCC Permitting Section of the Watershed Management Division by providing the following information in a timely manner. a. Methods of distribution, marketing, handling, and transportation of sewage sludge . b. A description of any proposed temporary storage and the methods which will be employed to prevent surface water runoff of the sewage sludge or contamination of ground water. 2. Obtaining all land application agreements from landowners . 3. Assist the OWNER by providing information for the preparation of an annual report to TNRCC on September 1 and/or at the completion of the project. Such report will be prepared on forms furnished by TNRCC and will describe all activities described Paragraph C.l.a through c above. The report shall include an update of new information since the prior report or notification was submitted and all newly proposed activities . The report shall also include a description and the annual amounts of sewage sludge provided to each receiver. 4 . Preparation of a form showing the next week '.s -projected hauling schedule including site identification shall be submitted to the OWNER seven (7) days in advance. An updated final form showing the next week's hauling schedule including site identification shall be submitted to the OWNER no later than the afternoon of the preceding work day or by 8:00 a.m. the next regular work day for that week 's application. 5. Preparation of Progress Reports and quantity charts shall be made on a bi-weekly basis at a regular day and time to be specified by the OWNER. SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 6 D. The CONTRACTOR shall submit all certification statements required by EPA and TNRCC rules and regulations . 3.4 HAUL ROADS AND TRAFFIC CONTROL A. All haul roads, temporary or permanent, at the project site and reuse sites shall be maintained by the CONTRACTOR, and at completion time be returned to a condition equal to or better than original condition, at the CONTRACTOR's expense. B. Haul roads shall be watered down for dust control as needed using potable grade water, or as directed by the OWNER . C. The CONTRACTOR shall control traffic and maintain traffic safety in accordance with an approved Traffic Control Plan, and shall post temporary speed limit signs onsite. D . Prior to commencing biosolids transport, the CONTRACTOR shall prepare a traffic control plan and obtain OWNER's approval for onsite traffic and obtain the appropriate agency's approval for City, County, and State, where applicable , for offsite traffic. The traffic control plan shall as a minimum address : 1. Onsite/offsite circulation showing the use of existing onsite and offsite roads; any temporary roads to be constructed by the CONTRACTOR. 2 . An overall traffic and vehicular safety plan and a specific method to control traffic at the entrance to each project site . 3. Control traffic off site. E. Traffic plans shall be in accordance with applicable City, County and State laws for offsite traffic. F . The CONTRACTOR shall take precautions to prevent injury to the public due to his operation both on an off the project site . The CONTRACTOR shall be fully responsible for damage or injuries associated with his operations. • G . The CONTRACTOR shall schedule hauling times to avoid times when major industries along the routes, such as Bell Helicopter, are undergoing shift. changes ; 3.5 PUBLIC RELATIONS PROGRAM PLAN A . The CONTRACTOR shall be responsible for initiating and maintaining good public relations. All informational meetings, public notices, hearings and relations with the media will be in cooperation with the OWNER. Before actual hauling and reuse operations commence, the CONTRACTOR shall prepare a public relations program plan and shall make this information available to the OWNER to show CONTRACTOR's means and methods to educate the public concerning the methods of transport and reuse to be used. SECTION 13001 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 7 This may include but not be limited to: pamphlets , newspapers, seminars , public meetings , meetings with private interest groups , and demonstration projects . The CONTRACTOR must also provide documentation of successes in developing and maintaining public support for biosolids reuse programs . The CONTRACTOR shall work out problems with the public on a cooperative basis , and there may be occasions when the CONTRACTOR shall change management aspects of his system as needed to maintain good public relations . Public relations will be of top priority through the conclusion of thi s project. The OWNER will cooperate with the CONTRACTOR in providing contacts with local groups and organizations . B . As a minimum, the CONTRACTOR and OWNER shall make an informational visit to provide local residents with educational material about land application , organization involved , and respective phone numbers to call as a problem develops . The OWNER will maintain a record of the residents visited ; when , where , and which could not be contacted. C. The CONTRACTOR represents the OWNER through this Contract and shall conduct its affairs with the public likewise . The CONTRACTOR m ay be called on in public mee ti ngs to answer questions and work with the public . D. The elements of the public relations program to be addressed by the CONTRACTOR shall include the following: 1. Overall Strategy and Goals -The CONTRACTOR shall set forth a plan to address public concerns and negative perception of biosolids in the recipient communities. 2. Proposed Communication Methods -The CONTRACTOR shall describe the methods for providing information and communication about the project, including : a. Media relations -Specify methods used to develop liaison with local media. b. Published material -Describe written and audio visual materials (including slides and video) which will be used to support the public relations program. c. Public meetings and tours -Specify methods to be used in interactions with the general public and local organizations to establish a positive image for the land application program . d. Regulatory liaison -Describe methods by which the regulatory permitting process will be linked to the public relations program . e. Coordinate with OWNER ' s public information personnel. 3 . Agricultural Liaison -Provide a detailed description of methods to ensure the support and cooperation of farmers in the land application program. SECTION 13001 FURTIIBR PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 8 4. Implementation -Describe in detail and provide documentation of the techniques for developing and maintaining a successful public relations program geared specifically to agricultural land application. E. The CONTRACTOR must provide a public relations program which includes the technical resources necessary to provide long-term community acceptance for the land application program . F. The CONTRACTOR shall submit the Public Relations Program Plan to the OWNER for approval as part of the Operating Plan . G. Before the CONTRACTOR proceeds with any phase of the plan, and particularly prior to conducting any meetings, media relations , hearings , public notices and publishing an distributing any literature, the CONTRACTOR shall obtain the OWNER' s approval and determine whether OWNER desires to accompany CONTRACTOR while conducting any public relations. 3.7 OPERATIONS A. If a conflict occurs between this CONTRACTOR and the daily operations of plant or drying beds, the plant operation and/or drying beds shall have preference. B . Prior to completion of Work, the OWNER may begin stockpiling operations on portions of the site adjacent to Work or in portions of the stockpile area that have been removed by the CONTRACTOR. The CONTRACTOR shall therefore remove biosolids completely from top to bottom of the stockpile, progressing from south to north . 3.9 MEASUREMENT AND PAYMENT A. Within fifteen (15) calendar days after award of the contract, the OWNER or his representative shall provide a Texas Registered Land Surveyor to perform the following : 1. Set permanent bench marks and horizontal control points 2. Cross-Section the stockpile at 50-foot intervals and at significant intermediate grade breaks to adequately determine the prework stockpile surfaces. 3. Provide plotted cross sections of the prework stockpile for use in determining quantities subsequently removed . Such plotted cross sections shall be submitted to the CONTRACTOR for review. If in the opinion of the CONTRACTOR discrepancies exist, these discrepancies shall be brought to the attention of the OWNER before any work begins. If the CONTRACTOR does not notify the OWNER in writing prior to beginning work, then the CONTRACTOR shall accept the cross sections as accurate representations of prework conditions. SECTION 13001 FURTIIER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 9 B. Pay quant.It.Ies shall be calculated employing the average end area method as the difference between the prework cross sections and cross sections obtained after biosolids removal. The Contractor shall submit all measurements and calculations on a monthly basis . The OWNER or his representative shall employ a Texas registered land surveyor to check quantities on a bi-monthly basis and at completion of the project. C. Measurement and payment for "Further Processing" of Class "A" Biosolids shall be on cubic yard basis for biosolids further processed . D . Measurement and payment for "Removal and Reuse" of Class "A" Biosolids shall be on a cubic yard basis for biosolids removed and reused. Such payment shall include loading , transporting and reuse of biosolids as well as all required fees of the Texas Natural Resource Conservation Commission or other Federal, State, or Local agencies, as required, for the collection, processing, transport and land application or other beneficial reuse options of Class "A" sludge (biosolids). Payment will not be made for temporarily stored or stockpiled biosolids at non-Project Sites , until the biosolids have been placed or spread in their final location. END OF SECTION SECTION 13001 FURTIIBR PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Page 10 PARTF Bonds NOTICE: The following blank spaces in the Certificate of Insurance , Performance, Payment and Maintenance Bonds , and Contract are not to be filled in by the Bidder at the time of submitting his proposal. These forms are included herein to familiarize the Bidder with such forms which the successful Bidder will be required to execute . CERTIFJCA TE OF INSURANCE -~ TO: CITY OF FORT trORTH, TEXAS Date 10-6-95 NAME OF PROJE.CTs Further Processing, Removal & Reuse of Biosa) ids frqm prying Beds PROJECT NUMSERz PS46-070460300060 ----------------------------- THl S 15 TO CERTIFY THAT Oscar Renda Contracting, Inc,. #7 '!;Jsoo Iaoe Roaoqke, Tx 7626: (Name and Aodreu of lnu.r . ls, at the date of th.is certlfic.ate, lrw\.red by th.ls Comp,&r1y wlth res~ to ihe busiM:Ss operations he~ln.&..!ter dcsc-lbed, for the type of lraurance and 1n accord&nce with ·the provaions of the au.n<fud pol.icies UJed by this Comp,&ny, and fun.her herein&..tnr descril>e-d. Exceptions to ,unda.rd policy note-don reve~e aide hereof. TYPE OF INSURANCE Polic No. Effective Ex ires omprchcnsive tiler Liability Insura.nce GLU016041 3-1-95 3-1-96 (Public 1.i&bility) o 1p5e of Suildir\&s or atrvctures adjacent to excavations ama.gc to r.oergroun tilities Comprehe~i ve Automobile LI&.billty Contr.:tur&l ULbility Other Umbrella 3-1 -95 3-1-96 GLU016041 3-1-95 3-1-96 BAU016042 3-1-95 3-1-96 GLU016041 3-1-95 3-·1-96 HAUU016068 3-1-95 3-1-96 Limits of l.i&bilit i.ry: rence: S 1 , ooo, ooo Damage: rrence: E&. Occurrence: E&. Occurrence: . &od.ily lnj ury: E&. Parson E.&.Oecurrence Property Damage: urrencc: . . nee . $1,000,000 1,000,000 Sl,000,000 $1,ooo ,boo sl,000,0Q0 s1,ooo,ooo , --•: -~ Further Processing, Rerroval & Reuse of Biosolids from Drying Beds ~ ~ons COVerCY! --:------::-----,.==~~~=-"""""..._.""""""""""-""""""'"""" _______ _ Description o! operatior1' covere~ ProJect Number PS46-070460300060 The above policies either in the body thereof or by appropriate endorJement provide that they may not be ct.&nged or c:&neell~ by the nurer 1n Jess ~ five U) days after the insured h&s received written notice of such ~e/or e&ncellatlon. • '1here applie&ble loc&l la'tw'l or re&ulatlona re-qulre more than five (.5) d.lys r.ctua.l notice of c:hangc o-r ~l11.tion to be as.sured1 .the Above policies c:o-naln such ~ re,,qu.lremenu, either in the body th-ereo! or by appropriate endo~ment thereto attAC:hed. f,reocy lv.iondics/Greenhaw Insurance Agencies _1_0_--\---9_5+---J."'"!"""--+4-------- Address 8235 Douglas Avenue, Suite 828 Title Dallas, Texas 75225 SEN T BY:Mo .• ;f ; ~A4~4»1tlt~ ~~~:,;r.:,g~~~~~~W')!.~i.:j;!:l:t.:1:1 ":~~ ~OOUCEII Mondios/Greenhaw Ins. Agencies 8235 Douglas Avenue, Suite 828 Dallas, TX 75225 (214) 739-4800 INSURED Oscar Renda Contracting, Inc. Renda Environmental Svcs.,Inc. Agronomic Management Group 7 Benson Ln,Roanoke, TX 76262 817 57 1 6783:# 1 ,J~;, 0•n •~· ;'"''''!;~ .,. ..,.,.,, r·r 101 1;199s THIS CERTIFICATE IS ISSU!D AS A MATT!R OF INFORMATION O Y AND CONFERS NO RIQHTi UPON THE CERTIFICATI! HOLDER. THIS CE TIFICATI! 001:S NOT AM!NO, EXTEND OR ALTER THE COV!RAGE AFFORCE BY TH! po~,~~~.~ ... ~.~L.Q~'. . .. . ..... .... .. . . ..................... . ..................... . ......................... . COMPAN IES AFFORDING COVERAGE ~~~v A Commerce and Industry Ins Co B f~~:~l .~:~.~~.-~ijJi1~M[~J\f;~r~i~i~~;~ii~1itJ\~~{f@i:1Tu~:~i[~:~Tu1~<111~f.~~,i:~ri~~~~1ttt.i~;~:~~~~~l~~~Jtf.~·t:~1~:~~~1~i~~i~[f~Vf~l]ffJ~fk{li i{~<Jl~~;~~t.~~Jiri) .·~l~ll.~i~~tt{@. :~~l~~~-~~lil~[~ TI-II S IS TO CCRTI FY THAT THf! POLIC IES Of INSURA~CE LISTE:J BELOW HAVE BEE N ISS UED TO '!'H E INSURED NAMED ABOV E FOR THE POLICY PERIO IND IC ATED , NOTWIT HSTANDING ANY REQ UIREME NT, TERM OA CONOlnON OF ANY CO NT RACT OR OTHE R DOCUMENT WITH RESPECT TO WH ICH TH IS CERTIFICATE MAY BE ·1ssUED OR MAY PE RTAIN , TH E INSURANCE AFFORDED BY THE POLIC IES DESCRIBED HEREIN IS SUBJECT TO AU. THE TeAMS , EXC LU~l9,~~ .. ~0. .. ~~~.0.l!l<?~~ .. 9.~ .. ~.~~.H. .. ~~UC IE~: .... L.1.~.'.1~ .. ~.~.9~.~.~~V. .. ~~~.~ .. ~.~~~ .. ~.e.o ~.~ED,.~! .. P.~!() .. f .~~.~· .... ·······•····:···· ................ . 00 : : l'OUCY EFFECl'm :,oucY !XPIRATION ' l TR , TYPl Ofl INIUIU~CI POUCY NUNIIE.11 • g,ATI (M',WOM') j DATI (MMIOOl'r"I) : uwri ...................................................... f, ................................................... . QIIN&'1AL UUIUTY CCMA ERCIAL. QENEP..OI. UAS IUTY : CLAIM'! MADE j :CCCU~ j OWNER'$ l CONTRACTOR'S PACT. .,,,,11:, .... ,, .... ,11 1111 ......... . : AUTOMOB IU W.IIILITY f ~v Auro : AU OWNED AVTOS i ...... ·; ~EOUL.O Ai.TTOO ......... ; HIA~O AUTOS ; NON-Ov.v-lED AUTOS ·< : QAAAl'.lc LI Aal UTY .. , ............. , .......... ;··· I . .... ····· .. ~ .. , ... ,, ...... . .. ............................................................. Y" ................................... . ! OE NEfW. AGGRe i.A'TE ; I r .. Foooucrs-co~i?.oP··;:aa:· .... ··t , .............. .. :::~?~~~::".°v:·~::::::>::::::·· ..................... .. L.~~ .. ~~~EN~~ ........... )~.......... ... . ............. . FIA E OAMAOE (My ono fl~ : $ .. i --~~ii·~.e~.~·.~~ .. ~~. ~/~~r~.·.-.·.·.-.·.·.·.-.·.· .................. . j COM!!INEO SINGL:a : LIMIT •••••.,••••••••• .. ••• .. •• .. ••·• ...... : .. •••n•""" """"""""••·• ' BO DILY ~l JU!'tY : (/'or pera:m) j BOD ILY IN,N RY i (Per aecld••O ..................... .. ....................... 1 ................ , .................. , i ,, ·······• •· ..... ! .............. , ........ .,, ··•·••••••·•·· ..........• ,.1. ,, ........ ,, ,,., ................. ···················. , ............ ~ ...... . ; ' ., .. , ... .., ............................... ; ............................ . : ~~~ .. ~~~~~~~~~ ............... .!~ ................. .. ; IIXCl!M UAlil lUTY : ; UMBR EL LA ~ORM : j 0Tl1ER lMN-1 UMBRE!.LA FORM ·····l ······· ................. . WORKER 'I COMP!;NiA'l'ION AND ' OTHIII A:POLLUTION LEGAL !LIABILITY C~L S&-48931 DISCflll"TlON OF OPEAATION~TlON&'VVOCLEIIISPllCIAL ITQ9 i AG<lREQ.,_TE i I ............. f i_'.'.i'.:'.?ffe~W.];~~~;,'.:::'.'.:'.'.:1'.]\~lf :;~~:::: ::::,1::•,i•;;1)lill)i j EAC"I ACC IDENT ................. ..!.~ ............ . \ O!SEME • POLICY LI MIT ..... ..l'. .................. .. i·o~~:::~~::~~cv.e .. l S. ........................... . 05/31/96 Bach Loss , All Losses 3, 00,000 3, 00,000 Further processing, removal & reuse of biosolids from drying beds Projeot number PS~6-070460300060 1t~1?.B'i:~nltiU!ihfb}: ,t, .1Jt~i:~11sJtM!J~E~%il~Ji~]fahl!fu]t.!lf M: SHO ULD ANY OF THE ABOVE DES CRIBED POLICIES BE CANC ELLED BEFO :;~ EXP IRATION DATE TMEREOF , THE ISSU ING CO MPANY WILL ENDEAVOR TO City of Fort Worth Water Attn, Gary Rookerg 1000 Throckmorton St., Ft. Worth TX 76102 Dep I t. 11 MAIL _:J_Q DAYS WRITTEN NOTICE 'TO THE CERTIFICAT E HOLDER NAMED T TI-IE Ii LEFT. BUT FAILURE TO MAIL SUC H NOTICE SHALL IMPOSE NO OBLIGATION 0 ~? LIABILITY OF ANY KIND UPON THE COMPANY, ITS AG ENT S OR REPRESENTATl ES . ij(AUTii ATIV! ';! ~ • .:s:•~~,·~S:'>l>'f'•~8'fij ''"'"'·•··,r,•·'~·•·,~·•·""·11'"''':jj)l'~'~·•;;,;"•;i;.~•····,,·.~~· ·•"'·~., ~•·~:~l'.i ~;-.. ~:i~t~:~;~~~~~t;~ftf:~i~-~~;l;f~!;~Jt¼~:~~i~~~;Nl~~ib·':~if~~~.tJaP.Jf~ro.mi: QaM~:;[ ... - nu: STATE OF TEX.AS COUNTY OF TARRANT PERFORH.ANC!: !OHD 13-65-39 ~HOW ALL K'EN !Y THESE PRtSEl-iTS: That ve (1) Oscar Renda Contracting, ·rnc. ____ , • ( 2) Corporation of ~A.::::: 2 , hereinafter called Principa l , and (3) Insurance Company of the Stat<: of Pennsy l;ania a corporation organized and existing under the law, of the State and fully authorized to traneact bu1ine11 in the State of Texas, u Surety, are held and finnly bound unto the City of Fort 'Worth, a 11:11.lnicip&l corporation organited and existing under the lava of the State of Texu, hereinafter called Ovner, in the penal eum of: One Million, Three Hundred Fifty Thousand, Nin e Hun dred Thirty Dollars and No Cents (S 1,350 ,930 ) Dollars in lawful 1D1.>ney of the United States, to be paid in Tort Worth, Tarrant County, Texas, for the payment of vhich 1um vell &nd truly be cade, ve hereby bind our1elve1 1 our heir,, executors, admini1trator1 and 1ucce1eor,1 jointly and severally, firmly by these pre1eot1. TRE CONDITION OF THIS OSLlGATlON i1 such that \lhere11, the Principal entered into a certain contract vith the City of Fort Worth, the Ovner, dated the _____ day of SEP 26 1~ A.D. 19 ____ , a copy of vhich is hereto attached and made a part hereof, for .the construction of: Further Processing, Remo va l and Reuse o f Bi osolids frgn Dryin~ Beds deaignated •• Project Ro.(1)PS4 6 -0 70 46 0 300 0 60 , a copy of vhich contract ia hereby attached, referred to, and made a part hereof•• fully and to . .. the same extent a, if copied at length herein, euch project and construction being hereinafter referred to•• the "work". NO'-THEREFORE, if the Principal 1hall vell, truly, and faithfully perforru the work in accordance with the plan• 1 apecificationa, and contract docu~n:a during the original term thereof, and any exten1ion1 thereof which may be granted by the Owner, vith or vithout notice to the Surety, and if he shall aati1fy all clai~s aod demand, incurred under auch contract, and 1hall fully indemnify and save harraleu the Owner frora all coet1 and damages wh ich it may suffer by reaaon of failure to do so, and 1hall reimburse and repay th e o .... ntr all outlay and expense which the Owner may incur in ukiog goo-d any defaul:, then this obligation shall be void; otherviae to re~ain in full force and effect. F-1 -· PROVIDt:D FURTREk 1 that if any ltga1 action be filed upon thi1 bond, veoue 1hall lie in Tarrant County, State of Te~••· AND PROVIDED FURTHER, that the 1aid Surety, for value received, hereby 1tipulate1 and agree, that no change, extenaion of tiae, alteration or addi:ion to the tenu of the contract or to the vork to be perforaed thereunder ·-or the 1pecification1 acco111p1nying the urae 1hall in any vi1e affect ita oblisation on thi• bond, and it doe• hereby vaive notice of any 1uch chaase, •~ten1ion of til"De, alteration or addition to the tenu 0£ the contract or to the vork or to the 1pecifications. ATTEST: (Surety) Secretary (SE AL) Witness aa to Surety (Addreu) ( DC-5 / 21 / 7 0) Roanoke, Texas 76262 (Addreu) Insurance Carpany of the State of Pennsylvania ~-)';J~~,, -A.~ !Y:Arnim I. GCs'=-~ (Attorney-in-f•ct) (5) 8235 Douqlas Ave., Suite 828 Dallas, Texas 75225 (Addreu) NOTE: Date of !ond au1t not be prior to date of Contract (1) (2) (3) {4) (5) F-2 • • Correct name of Contractor --__ A Corporation, a ~artner1hip or an Individual,•• case 11.1y be Correct name of Surety If Contractor it Partnership alt Partner, ahould execute iond A true copy of PO"'er of Attorney ahall be attached to !ond by Attorney-in-Fact. -- ..... ., POWER OF ATTORNEY The Insurance Company of the State of Pennsylvani a Principal Bond Office: 70 Pine Street, Ne w Yor k, N .Y . 10270 No.09-B-33766 KNOW ALL MEN BY THES E PRE SENTS : That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation, d o es hereby appoint ---Arni m I. Gerstenmeier, John L. Mond ics: of Dalla s, Texas --- its true and lawful Attorney(s)-in-Fact, with full au t ho rit y t o execu te o n its behalf bonds, undertakings, r e cognizances an d other contracts of indemnity and writings obligatory in the nat ure th ereof, is s ue d in the course of its bus in ess, a nd to bind the com pany thereby. IN WITNESS WHEREOF, The Insurance Co mpa ny of th e St ate of Pennsylvania has execute d these pre sents STATE OF NEW YORK } COUNTY OF NEW YORK}s s . On thi s __filh_ day of Nove m ber , 1993, before m e ca m e the above na me d officer of The Insurance C o mpa ny of the Sta l e of Pen nsylvania, to me personally kn own to b e th e ind ivi dua l and officer de scribe d he rei n , and a ckn owl e dge d th at he execu ted the foreg o ing in strum e nt and a ffi xe d th e seal of said co rporati o n th ereto by a uthority o f h is office . t his..fil.h. day of November ~>7& William D . Smith, Pre sident ~AULt11E K. Will' i-J).5 Notai y Pu blic , Slate of New York No. 3i-4972 6 06 Qualifie d in New York County Certificate Filed in New York Co unty Commission Ex pires October 1, 19'11 CERTI FICATE Excerpts o f R esolu tion adop te d by the Board of Directors of T he Insurance Company of the State of P ennsylvania, on May 18, 1976: "RESOLVED , t h a t the Chairm a n o f the Board, th e P resi d ent, or any Vice President be, and hereby is, au thorize d to appoint Attorneys -in -Fact to represent and act for a nd o n be ha lf o f the Company to execute bonds, under takings, recogniza n ces and other contracts of indemnity and writings obli gatory in th e na ture thereof, and to attach thereto the corporate seal of th e Company, in the transaction of its surety business ; "RESOLVED, th a t the signatures a nd attesta ti o ns o f s uc h officers and the seal of the Company may be affixe d t o any s uch Powe r of Attorney or to any certificat e r e la tin g th ereto by facsimile, and any such P ower of Attorney or certificate bearing such fa cs imil e signatures or fac s imile seal s h a ll be va lid and bi n d ing upon the Company when so affix ed with respect to a ny bond, und e rt a kin g, recognizance or o ther contract o f ind emnity or writing obligatory in the nature thereo f; "RESOLVED , that any such Atto rn e y-in -Fact de livering a secretarial certification th a t the foregoing reso lutions still b e in effect may insert in such certifi cation the dat e th e reof, said date to be not later than the date of d e li very th e r e of by such Atto rn ey-in -F act." I, Elizabeth M . Tuck , Secretary of The In s ur ance Company of the State of Pennsylvania , d o hereby certify that th e fo regoing ex cerpts o f Reso lution ad o pted by the Board of Di r ectors of th is co r pora t ion, and t he Power o f Atto rn ey iss ue d purs uant th e re to, are t ru e and co rre ct , a nd that b o th the R eso luti o n and the Power of A tt orney are in full force and e ff ect. I~ WITNESS WHEREOF , I hav e h e re unt o set my han d an d aflixed th e facsimile seal of th e co rpo ration this ___ day o f ________ , 19 __ ·"'·"'~ Elizabe th M . Tuck, Secretary ntE STATf. OF TEXAS COUNTY or TARRANT I PAYHEt-iT !ONO 13-65-39 ~NO~ ALL KEN !Y ntESE PR.ESfNTS: That ve (1) Oscar Renda Contracting, Inc. ____ , • (2) Corporation of __ ::t::5,6~-==;._..iA~7-0.-c.. ______ _ hereinafter called Principal, and (3)Insurance Canpany of the State .of Pennsylvcililia a corporation _org1ni%ed and exi,ting under the lava of the Sta:e and fully authori%ed to transact bu1ine11 in the State of Texa,, a, Surety, are held and finnly bound unto the City of fort Worth, a DJnicipal corporation organi%ed and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and coporationa who 111ay furnish &ateriala, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of: One Million, Three Hundred Fifty Tbansaod Ni oe Bnndred Tb; rty D?JJ ars and No Cents ($1,350,930 ) Dollars in lawful m~ney of the United States, to be paid ic Fort Worth, Tart'ant County, Texas, for the payment of vhich sum vell and truly be made, ve hereby bind ourselves, our heir,, executors, administrators and successors, jointly and severally, fir~ly by these present,. "l'HE CONDITION OF' THIS OBLIGATION is such that \ihereu, the Principal entered into a certain contract with the City of Fort Worth, the Owner, d Hed the day of SEP 26 1995 A. D., 19 • a copy of vhich l.S hereto - attached and made a part hereof, for the construct ion of: Further Processing, Removal and Reuse of Biosolids from D£i:in9: Beds ' . designated as Project No, (1) Ps46-070460300060 , • copy of vhich contract is hereto attached, referred to and made • part hereof as fully and to the same extent aa if copied at length herein, 1uch project and construction being hereinafter referred to aa the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal ahall promptly make payment to all claimants aa defined in Article 5160, Revised Civil Statutes of Tex••• aupplying labor and aateriala in the prosecution of the work provided for in ,aid Contract, then this obligation .-ahal l be nul 1 and void, otherwise it shall remain in ful 1 force and effect. F-3 / ... '...,,;,;f -~ " THIS iOND IS KADt AND ENTERtD into 1olely for the protection o! all claiffiant1 aupplying labor and material in the pro1ecution of the work provided [or in ,aid Contract, •• claimant, are defined in ,aid Article 5160, and all 1uch clainant1 1hall have• direct right of action under the bond•• provided in Article 5160 of the levi,ed Civil Statute,. PROVIDED FURTHER, that if any legal action be filed upe>a thi1 bond, venue ,hall lie in Tarrant County, State of Te~••• that the ,aid Surety, for value received, hereby 1:ipulate1 and agree, that Do change, exten,ion uf time, alteration or addition to the tera, of the contract or to the -~ork to be performed thereunder or the 1pecification, accompanying the aame ahall in any vi1e affect it, obligation on thi, bond, and it doe, hereby vaive notice of a0y 1uch change, exten1ion of time, alteration or addition to the tera, of :he contract or to the vork or to the 1pecification1, 1ROVIDED FURTHER, that no final 1ettlement betveen the Owner and the Contractor ,hall abridge the right of any beneficiary hereunder vhoae claim may be un1ati1fied, 1H WITNESS WHEREOF, thi1 one of which ahall be deemed an A.O., 19_ ATTEST: r i-n', - -·t. .Si.;,,,,,.-1:-0 cf-t 7~ ~) ...._ . ._.,. ~ WitMSS as ~Principal l;-i:Jt,J/ltf(D€ '//JC/J,IJ ~?6"r,..1r,,Jl4:-r &</~,?--; (Addre,s) I A.nEST: (Surety) Secretary (SE AL) Witness as to Surety {Addreu) (DC-5/21/70) in1trument is executed io ____ coun:erpart, e~ch original, this the ___ day of S£P 2 6 J~95 Roanoket Texas 76262 (Addreu} Insurance Canpany of the State of Pennsylvania ·~✓~ :BY: Arnim I. Gerstenmeier 82¼tBbhgi~~ii;~~;t~uftJ 828 Dallas, Texas 7 5225 :-.....,-._' .:: (Addreu) , :~--:--:. NOTE: Date of !ond ■uat not be prior~ . • da:e of Contract • (1) (2) (3) (4) ( 5) r-t. Correct name of Contractor A Corporation, a Partner1hip or an Individual,•• case ruy be Correct name of Surety If Contractor ia Partner,hip all Partners ahould execute !ond A true copy of-Power of Attorney shall be attached to !ond by Attorney-in-Fact . • --··-· --· ------···• ···-· ------••• --.. -----------·-··-·-· ··-•.. ···--•· ----··--.··-·.----------, ....... POWER OF ATTORNEY The Insurance Company of the State of Pennsylvani a Principal Bond Office: 70 Pine Street, New York, N .Y . 10270 KNOW ALL MEN BY THESE PRESENTS: No.09-B-33766 That The Insurance Company o f the State of Pennsylvania, a Pennsylvania corporation, does hereby appoint ---Arnl m I. Gerstenmeler, John L. Mond lcs: of Dall as, Texas--- its true and lawful Attorney(s)-in -Fact, with full authori ty to execute o n its behalf bonds, undertakings, recogn iza nces and other contracts of indemnity and writings obliga to ry in th e n at ur e th e r eof, is s ue d in the course of its bu siness, a nd to bind t h e company thereby. IN WITNESS WHEREOF, The Insu rance Com pany of th e State of Pennsylvania has execu ted these presents STATE OF NEW YORK } COUNTY OF NEW YORK}s s. On th is __filli_ d ay o f November , 1993, before m e ca me th e ab ove n a m e d officer of The Insurance Compa ny o f the St a t e of P ennsylvania, to me person a ll y known to b e th e ind ividual and officer describ e d h e rei n , a nd a ckn owl e dge d th at he executed the foreg oi ng in st rum e nt and a ffi xe d the seal of said corpo rati o n th e r eto by a uthor ity o f h is office. this..fil.h. day o f Novembe r ~~ W ill iam D . S mith, Pre sident t'AULtHE K. Vv1Ll 't.M!5 Notaty Public, Stale of New Yor~ No. 3i ·49726 06 Qualified in New York County Ce rtificate Filed in New York County Co mm ission Expires October 1, 1971 CE RTI FICATE ,199 3. Exce rpts of R esolu tion ad o pted by the Board of Directors of The Insurance Company of the State of Pennsylvania, on May 18, 1976: "RESOLVE D, th at th e Chairm an of the Board, the President, or any Vice President be, and hereby is, au th o rized to appoint Att o rn eys-in-Fact to re prese n t a nd act for and o n behalf of the Company to execute bonds, undertakings, recogni za n ces and other contracts of indemnity and writings obli ga to ry in th e na tu re thereof, and to attach thereto the corporate seal of th e Company, in the transaction of its surety busine ss; "RESOLVED, that the signatures and a tt estations of suc h officers and the seal of the Company may be affixed to any such Power of Attorney or to a ny certifica te r e la ting thereto by facsimile, and any such Power of Attorney or certificate bearing such fac simile signatures or fa cs imile seal s ha ll be va lid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of inde mnity or writing obligatory in the nature thereof; "RESOLVED , that any such Attorney-in -Fact delivering a secretarial certification that the foregoing resolutions still be in e ff ec t ma y in sert in such ce rtification th e dat e th e r eof, said date to be not later than the date of delivery thereof by such Attorney-in -F ac t " I, Elizabeth M . Tuck, Secretary of The Ins urance Company of the State of Pennsylvania, do hereby certify that the foreg o ing e xcerpts o f R esolution ad o pted by the Board o f D irectors of thi s co r poration, and the Power of Attorney issued pursuant th e reto, are tru e and co rr e ct, a nd that b o th th e Reso luti o n a nd the Power of Attorney are in full force and effect. IN WITNESS WHEREOF , I ha ve h e re u nto sci my hand an d affixed the facsimile seal of the corporation this ___ day of ________ , 19 __ PARTG Contract THE STATE OF TEXAS I COUNTY OF TARRANT I PART G -CONTRACT THIS CONTRACT, made and entered into __ """"$ ... fP _ _.2...,6 ........ f_Q95 _______ _ _____________ by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and Oscar Renda Contracting, Inc., of the City of Roanoke, County of Denton and State of Texas, Party of the Second Part, hereinafter termed "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and complete certain improvements described as follows: Designated as Project No. PS46-070460300060 Further Processing, Removal and Reuse of Biosolids from Drying Beds in the City of Fort Worth, Texas, and all extra work connected therewith , under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. G-1 The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the Proposal. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in quadruplicate in the year and day first above written. ATTEST: ~Alice2 hurch, City Secretary (SEAL;,.,..,.. , , r r r , , WITNESSES --".--; Approved: Lee.Bradley, Jr., P.E. } Acting Director, Water Department • ' Q-1~0 ~ Contra~·c liuo.,.uv ..... "-'c1.i:.1 ~ q~J,(4-@ Date G-2 PARTH Plans N NOT TO SCALE \ w :z: _, 1-u :z: u w er CL :::0 l> z 0 0 r VILLAGE CREEK WWTP r, I I \ , \__I I J \ / \ ..._ ( (\ JOHN T. WHITE RO~O -1---_ w l/) >-. <( <( :r:~ u~ 1--a:: (/) <( • <((L w I \ / ( I \ 0 <( 0 0: a:: w 0 _, w LL LAMAR BOULEVARD w > a:: 0 l/) > <( 0 SLUDGE DRYING AREA GREEN OAKS BOULEVARD FIGURE 1 LOCATION AND VICINITY MAP AYO, 14 ◄59 FIGUR EI.OGN N NOT TO SCALE 216 22 215 20 7 208 209 210 211 281 282 283 284 285 286 181 182 SLUDGE AREA 127 125 126 117 118 119 110 111 112 183 184 185 STOCKPILE NOa 12 128 120 113 186 129 130 121 122 114 115 187 188 FIGURE 2 DRYING BED AREA 25 m N fl 50 75 100 SCALE IN FEET 150 I TABLE OF SAMPLE DEPTHS SAMPLE POINT AREA DEPT H DF SAMPLE (j) @ @ Cl) @ @ (Z) @ G) @ FROM SURF ACE 20' -50' 20' -:JO' 10' -20· 10' -20' 10' -20' 10'-20' O'-10' O'-10' 0'-10' O' -10' LEGEND 81 ,56 STOCl(Pl.E ELEV AT ION (j) SAMPLE POUH AREA SAMPLE PCXNT AnU Bot.tlOAAY FIGURE 3 STOCKPILE AREA NO. 12 AVlh IH5q FIGUR EJ.(X;N APPENDIX A NPDES Permit UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1445 ROSS AVENUE, SUITE 1200 DAUAS, TEXAS 75202-2733 June 24, 1994 CERTIFIED MAIL: RETURN RECEIPT REQUESTED (P 239 549 868) REPLY TO: 6W-PM Mr. Mike Groomer Assistant City Manager, City of Fort Worth P.O. Box 870 Fort Worth, TX 76101 Re: Application to Discharge to Waters of the United States Permit No. TX0047295 -Village Creek WWTP Dear Mr. Groomer: Enclosed is the public notice of the Agency's final permit decision, a copy of our response to comments, and the final permit. This public notice describes any substantial changes from the draft permit. Should you have any questions regarding the final permit, please feel free to contact Laura Stankosky of the Permits Branch at the above address or telephone (214) 655-7525. Should you have questions regarding compliance with the conditions of this permit, please contact Astrid Larsen of the Enforcement Branch at the above address or telephone (214) 655-6454. Enclosures cc w/permit copy: Sincerely yours, ~O,~ Myron o. Knudson, P.E. Director Water Management Division (6W) Texas Natural Resource Conservation Commission WATER ADMIUISTP.ATION !1.ECEIVED BY : Qp:1_ DATE:~-~-~~ FILE: ----------- COPY TO: ---------- Permit No. TX0047295 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Clean Water Act, as amended by the Water Quality Act of 1987 (Public Law No. 100-4, et. seq.), hereinafter called the "Act", City of Fort Worth P.O. Box 870 Fort Worth, Texas 76101 is authorized to discharge to receiving waters named Lower West Fork Trinity River; thence into the Trinity River in Segment No. 0841 of the Trinity River Basin, from a facility located southeast of the confluence of the West Fork Trinity River with Village Creek in Fort Worth, Tarrant County, Texas, the discharge is located on that water at the following coordinates: Latitude: Longitude: 32° 45' 00" N 97° 16' 30" w in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts I, II, III, and IV hereof . This permit shall become effective on August 1, 1994 This permit and the authorization to discharge shall expire at midnight, July 31, 1997 Prepared by: Laura Stankosky Municipal Permit (6W-PM) Signed this 24th day of June, 1994 ~~)???c~ k✓~~ ✓~. Knudsoh~ :¥. Director Water Management Division ( 6W) Permit No. TX0047295 Page 2 of Part I SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final I Effluent Limits During the period beginning on the effective date of this permit and lasting through date of completion of the 144 mgd facility, the permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow Carbonaceous Biochemical Oxygen Demand (5-day) Total Suspended Solids Ammonia-Nitrogen June l -November 30 December 1 -May 31 Dissolved Oxygen(Minimum) Malathion 2.3 Diazinon 2 Influent Effluent 30-day Avg. Kg/day/Lbs/day) N/A 3178 (7006) 6809 (15012) 908 (2002) 2270 (5004) N/A 0.005 (0.01) N/A (N/A) N/A (N/A) Discharge Limitations 30-day Avg. 7-day Avg. Daily Max. * 7 mg/1 15 mg/1 2 mg/1 5 mg/1 6 mg/1 0.0119 µg/1 Monitor Monitor N/A 11 mg/1 25 mg/1 6 mg/1 10 mg/1 N/A N/A and Report and Report * N/A N/A N/A N/A N/A N/A 0.0253 µg/1 * Flow must be monitored and reported as million gallons per day (MGD). The effluent shall contain a total residual chlorine (TRC) of at least 1.0 mg/1, prior to final dechlorination and disposal, after a detention time of at least 20 minutes (based on peak flow). The TRC in the chlorinated effluent shall be monitored daily by grab sample. After dechlorination and prior to final disposal, the effluent shall contain NO MEASURABLE total residual chlorine (TRC) at any time. NO MEASURABLE will be defined as less than 0.1 mg/1 of chlorine. The maximum TRC in the dechlorinated effluent shall be monitored daily by grab sample. Permit No. TX0047295 Effluent Characteristics Flow• carbonaceous Biochemical Oxygen Demand (S-day) Total Suspended Solids Ammonia-Nitrogen June 1 -November 30 December 1 -May 31 Dissolved Oxygen Malathion 2.3 Diazinon 2 April -September October -March Toxicity Testing 7-Day NOEC 4.5 ceriodaphnia dubia April -September October -March Pimephales promelas 24-Hour Static Survival 6 Daphnia pulex Pimephales promelas Influent Characteristics Diazinon 2 April -September October -March Page 3 of Part I Monitoring Requirements Measurement Sample Frequency Type Continuous Totalizing Meter One/Day One/Day One/Day One/Day One/Day One/Month One/Month One/Quarter One/Month One/Quarter One/Year One/6 Months One/6 Months 24-hr. Composite 24-hr. Composite 24-hr. Composite 24-hr. Composite Grab 24-hr. Composite 24-hr. Composite 24-hr. Composite 24-hr. Composite 24-hr. Composite 24-hr. Composite 24-hr. Composite 24-hr. Composite Monitoring Requirements Measurement Frequency One/Month One/Quarter Sample Type 24-hr. Composite 24-hr. Composite The pH shall not be less -than 6.0 standard units or greater than 9.0 standard units and shall be monitored by grab samples collected at the frequency shown above for Total Suspended Solids. There shall be no discharge .of floating solids or visible foam in other than trace amounts. Samples taken in compliance with the monitoring requirements specified above shall be taken at the discharge from the final treatment unit except the sample requiring a minimum chlorine residual which shall be collected prior to dechlorination. Permit No. TX0047295 Page 4 of Part I Final II Effluent Limits During the period beginning on the completion of the 144 mgd facility and lasting through date of expiration, the permittee is authorized to discharge from outfall serial number 001. 1 Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow Carbonaceous Biochemical Oxygen Demand (S-day) Total Suspended Solids Ammonia-Nitrogen June 1 -November 30 December 1 -May 31 Dissolved Oxygen(Minimum) Malathion 2.3 Diaz.inon 2 Influent Effluent 30-day Avg. Kg/daylLbs/day) N/A 3813 (8407) 8171 (18014) 1090 (2402) 2724 (6005) N/A 0 .005 (0.01) N/A (N/A) N/A (N/A) Discharge Limitations 30-day Avg. 7-day Avg. Daily Max. * 7 mg/1 15 mg/1 2 mg/1 5 mg/1 6 mg/1 0. 0118 µg/1 Monitor Monitor N/A 11 mg/1 25 mg/1 6 mg/1 10 mg/1 N/A N/A and Report and Report * N/A N/A N/A N/A N/A N/A 0.0251 * Flow must be monitored and reported as million gallons per day (MGD). The effluent shall contain a total residual chlorine (TRC) of at least 1.0 mg/1, prior to final dechlorination and disposal, after a detention time of at least 20 minutes (based on peak flow). The TRC in the chlorinated effluent shall be monitored daily by grab sample. After dechlorination and prior to final disposal, the effluent shall contain NO MEASURABLE total residual chlorine (TRC) at any time. NO MEASURABLE will be defined as less than 0.1 mg/1 of chlorine. The maximum TRC in the dechlorinated effluent shall be monitored daily by grab sample. µg/1 Permit No. TX0047295 Effluent Characteristics Flow• Carbonaceous Biochemical Oxygen Demand (5-day) Total Suspended Solids Ammonia-Nitrogen June l -November 30 December l -May 31 Dissolved Oxygen Malathion 2.3 Diazinon 2 April -September October -March Toxicity Testing 7-Day NOEC '-' Ceriodaphnia dubia April -September October -March Pimephales promelas 24-Hour Static Survival 6 Daphnia pulex Pimephales promelas Influent Characteristics Diazinon 2 April -September October -March Page 5 of Part I Monitoring Requirements Measurement Sample Frequency Type Continuous Totalizing Meter One/Day One/Day One/Day One/Day One/Day One/Month One/Month One/Quarter One/Month One/Quarter One/Year One/6 Months One/6 Months 24-hr. Composite 24-hr. Composite 24-hr. Composite 24-hr. Compos i te Grab 24-hr . Composite 24-hr. Composite 24-hr. Composite 24-hr. Composite 24-hr. Composite 24-hr . Composite 24-hr . Composite 24-hr. Composite Monitoring Requirements Measurement Frequency One/Month One/Quarter Sample Type 24-hr . Composite 24-hr . Composite The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored by grab samples co l lected at the frequency shown above for Total Suspended Solids . There shall be no discharge of floating solids or visible foam in other than trace amounts. Samples taken in compliance with the monitoring requirements specified above shall be taken at the discharge from the final treatment unit except the sample requiring a min i mum chlorine residual which shall be collected prior to dechlorination. Permit No. TX0047295 Page 1 of Part II SECTION A, OTHER REQUIREMENTS 1. CONTRIBUTING INDUSTRIES AND PRETREATMENT REQUIREMENTS a. The permittee shall operate an industrial pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the General Pretreatment Regulations (40 CFR Part 403)and the approved POTW pretreatment program submitted by the permittee. The pretreatment program was approved on July 1, 1984 and modified on April 3, 1992. The POTW pretreatment program is hereby incorporated by reference and shall be implemented in a manner consistent with the following requirements: (1) Industrial user information shall be updated at a frequency adequate to ensure that all IUs are properly characterized at all times; (2) The frequency and nature of industrial user compliance monitoring activities by the permittee shall be commensurate with the character, consistency and volume of waste. However, in keeping with the requirements of 40 CFR 403.8 (f) (2)(v), the permittee must inspect and sample the effluent from each Significant Industrial User at least once a year. This -is in addition to any industrial self- monitoring activities; (3) The permittee shall enforce and obtain remedies for noncompliance by any industrial users with applicable pretreatment standards and requirements; (4) The permittee shall control through permit, order, or~ similar means, the contribution to the POTW by each Industrial User to ensure compliance with applicable Pretreatment Standards and Requirements. In the case of Industrial Users identified as significant under 40 CFR 403.3(t), this control shall be achieved through permits or equivalent individual control mechanisms issued to each such user. Such control mechanisms must be enforceable and contain, at a minimum, the following conditions: ( i) ( ii) (iii) (iv) Statement of duration (in no case more than five years); Statement of non-transferability without, at a minimum,prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator; Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and State and local law; Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, and State and local law; and Permit No. TX0047295 (v) Page 2 of Part II Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond federal deadlines. (S) The permittee shall evaluate, at least once every two years, whether each Significant Industrial User needs a plan to control slug discharges. If the POTW decides that a slug control plan is needed, the plan shall contain at least the minimum elements required in 40 CFR 403.8 (f)(2)(v); (6) The permittee shall provide adequate staff, equipment, and support capabilities to carry out all elements of the pretreatment program; and, (7) The approved program shall not be modified by the permittee without the prior approval of the EPA. b. The permittee shall establish and enforce specific limits to implement the provisions of 40 CFR Parts 403.S(a) and (b); as required by 40 CFR Part 403.S(c). Each POTW with an approved pretreatment program shall continue to develop these limits as necessary and effectively enforce such limits. The permittee shall, within sixty (60) days of the effective date of this permit, (1) submit a WRITTEN CERTIFICATION that a technical evaluation has been demonstrated that the existing technically based local limits (TBLL) are based on current state water quality standards and are adequate to prevent pass through of pollutants, inhibition of or interference with the treatment facility, worker health and safety problems, and sludge contamination, OR (2) submit a WRITTEN NOTIFICATION that a technical evaluation revising the current TBLL and a draft sewer use ordinance which incorporates such revisions will be submitt~d within 12 months of the effective date of this permit. Upon approval by the Water Division Director, all specific prohibitions or limits dev eloped under this requirement are deemed to be conditions of this permit. The specific prohibitions set out in 40 CFR Part 403.S(b) shall be enforced by the permittee unless modified under this provision. c. The permittee shall analyze the treatment facility influent and effluent for the presence of the toxic pollutants listed in 40 CFR 122 Appendix . D (NPDES . Application Testing Requirements) Table II at least twice per year and the toxic pollutants in Table III at least four times per year. If, based upon information available to the permittee, there is reason to suspect the presence of any toxic or hazardous pollutant listed in Table V, or any other pollutant, known or suspected to adversely affect treatment plant operation, receiving water quality, or solids disposal procedures, analysis for those pollutants shall be performed at least four times per year on both the influent and the effluent. The influent and effluent samples collected shall be composite samples consisting of at least 12 aliquots collected at approximately equal intervals over a representative 24 hour period and composited according to flow. Sampling and analytical procedures shall be in accordance with guidelines established in Permit No. TX0047295 Page 6 of Part I Annotations 1. see Part II, Section A., Item 3. -Notification of Construction Completion 2. If any individual analytical test result for Malathion or Diazinon is less than the minimum analytical level (MAL) listed below, then a value of zero (0) may be used for that test result for the discharge monitoring report (DMR) calculations and reporting requirements. Monitoring and reporting requirements are effective on the effective date of the permit. Pollutant Malathion Diazinon MAL, µg/1 0.4 0.6 3. see Part I, Section B., -Effluent Limitations Compliance Schedule 4. The No Observed Effect Concentration (NOEC) is defined as the greatest effluent dilution which does not result in lethality that is statistically different from the control (0\ effluent) at the 95\ confidence level. See Part II, Section B. Whole Effluent Toxicity Testing Requirements. s. The lowest NOEC test result for the reporting period shall be submitted on the DMR. 6. See Part II, Section C., 24-Hour Biomonitoring Requirements: Freshwater SECTION B. COMPLIANCE SCHEDULE(S) 1. EFFLUENT LIMITATIONS COMPLIANCE SCHEDULE a. Final effluent limitations for Malathion were based on the Texas Water Quality Regulations for Surface Water Quality Standards for Toxic Pollutants. b. The permittee shall achieve compliance with the final effluent limitations specified for Malathion within thirty-five (35) months of the effective date of this permit. (1) The permittee shall initiate and continue ongoing activities designed to achieve sustained compliance with final effluent limitations for Malathion no later than thirty-five (35) months after the effective date of this permit. _ (2) The permittee shall sul:>mit a progress report .outlining the status of the activities during the months of January, April, July, and October until compliance is achieved. c. No later than 14 calendar days following the date for compliance for Malathion, the permittee shall submit a written notice of compliance or noncompliance. SECTION C. MONITORING AND REPORTING 1. The permittee shall effectively monitor the operation and efficiency of all treatment and control facilities and the quantity and quality of the treated discharge. Permit No. TX0047295 Page 7 of Part I 2 . Monitoring information required shall be submitted on Discharge Monitoring Report Form EPA 3320-1 as required in Part III, 0.4. a. Reporting periods shall end on the last day of the month. b. The first Discharge Monitoring Report(s} shall represent facility operatio~s from the effective date of the permit through the last day of the month. c. Thereafter, the permittee is required to make regular monthly reports as described above and shall submit those reports no later than the 25th day of the month following each reporting period. The annual sludge report required in Part IV of the permit is due on February 19 of each year and covers the previous calendar year from January 1 through December 31. 3. If any 7-day average or daily maximum value exceeds the effluent limitations specified in Part I.A., the permittee shall report the excursion in accordance with the requirements of Part III, D. 4 . Any 30-day average, 7-day average or daily maximum value reported in the required Discharge Monitoring R~port which is in excess of the effluent limitation specified in Part I, A. shall constitute evidence of violation of such effluent limitation and of this permit. S . Other measurements of oxygen demand (e.g., TOC and COD} may be substituted for five-day Biochemical Oxygen Demand (BODS} or for five-day Carbonaceous Biochemical Oxygen Demand (CBODS), as applicable, where the permittee can demonstrate long-term correlation of the method with BODS or CBODS values, as applicable. Details of the correlation procedures used must be submitted and prior approval granted by the permitting authority for this procedure to be acceptable. Data reported must also include evidence to show that the proper correlation continues to exist after approval. Permit No. TX0047295 Page 3 of Part II 40 CFR 136. Where composite samples are inappropriate, due to sampling, holding time, or analytical constraints, at least 4 grab samples, taken at equal intervals over a representative 24 hour period, shall be taken. d. The permittee shall prepare annually a list of Industrial Users which during the preceding twelve months were in significant noncompliance with applicable pretreatment requirements . For the purposes of this Part, significant noncompliance shall be determined based upon the more stringent of either criteria established at 40 CFR Part 403 .8(f)(2)(vii) [rev. 7/24/90) or criteria established in the approved POTW pretreatment program . This list i• to be published annually in the largest daily newspaper in the municipality during the month of July. In addition, during the month of Julr the permittee shall submit an updated pretreatment program status report to EPA and the State containing the following information: (l) An updated list of all significant industrial users. For each industrial user listed the following information shall be included: (i) Standard Industrial Classification (SIC) code and categorical determination; (ii) Control document status. Whether the user has an effective control document, and the date such document was last issued, reissued, or modified, (indicate which industrial users were added to the system (or newly identified) within the previous 12 months); (iii) A summary of all monitoring activities performed within the previous 12 months. The following information shall be reported: * total number of inspections performed; * total number of sampling visits made; (iv) Status of compliance with both effluent limitations and reporting requirements. Compliance status shall be defined as follows: * * * Compliant (C) -no violations during the previous 12 month period; Non-compliant (NC) -one or more violations during the previous 12 months but does not meet the criteria for s i gnificantly noncompliant industrial users; Significant Noncompliance (SN) -in accordance with requirements described i nd. above; and (v) For significantly noncompliant industrial users, indicate the nature of the violations, the type and number of actions taken (notice of violation, administrative order, criminal or civil suit, fines or penalties collected , etc.) and current compliance status. If ANY industrial user was on a schedule to Permit No. TX0047295 Page 4 of Part II attain compliance with effluent limit•, indicate the date the schedule was issued and the date compliance is to be attained . (2) A list of all significant industrial users whose authorization to discharge was terminated or revoked during the preceding 12 month period and the reason for termination. (3) A report on any interference, pass through, upset or POTW permit violations known or suspected to be caused by industrial contributors and actions taken by the perrnittee in response. (4) The results of all influent and effluent analyses performed pursuant to Part II(A)(l)(c) above. (5) A copy of the newspaper publication of the significantly noncompliant industrial users giving the name of the newspaper and the date published, and (6) The information requested may be submitted in tabular form as per the example tables provided for your convenience. e. The permittee shall provide adequate notice of the following: (l) Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Sections 301 and 306 of the Act if it were directly discharging those pollutants; and (2) Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of the permit . Adequate notice shall include information on (i) the quality and quantity of effluent to be introduced into the treatment works, and (ii) any anticipated impact of the change on the quality or quantity of effluent to be discharged from the POTW. Permit No. TX004729~ Page 5 of Part JI -------· -----·----·-·--··- NATURE OF COMPLIANCE SCHEDULE VIOLATION NUMBER OF ACTIONS TAKEN INDUSTRIAL USER >----..------------PENALTIES DATE DATE CURRENT REPORTS LIMITS N.O.V. A.O. CIVIL CRIMINAL OTHER COLLECTED ISSUED DUE STATUS COMMENTS Permit No. TX0047295 INDUSTRIAL USER SIC PRETREATHENT PROGR"" STATUS REl'OllT Uf'OATED SIGNIFICANT INDUSTRIAL USERS LIST CONTROL DOCUMENT CATEGORICAL LAST NE\./ COOE DETERMINATION Y/N ACTION USER ! Payn 6 ot Part II COMPLIANCE STATUS REPORTS TIMES TIMES 9O-DAY SEMI SELF EFFLUENT INSPECTED SAMPLED BMR COHPLIANCE ANNUAL MONITORING LIMITS Permit No. TX0047295 Page 7 of Part II 2. MIXING ZONE DEFINITION. The mixing zone is defined as a point 100 feet upstream of the point of discharge to a point 300 feet downstream of the point of discharge. 3. NOTIFICATION OF CONSTRUCTION COMPLETION The periittee shall notify the EPA and the State Agency in writing within 14 days of completion of the treatment facility modification or expansion. (_d av. e,_...} SECTION B. WHOLE EFFLUENT TOXICITY REDUCTION/ELIMINATION ACTIVITIES 1. 2. a. b. c. d. Whole Effluent Toxicity and Chemical Testing Requirements and Frequency The provisions of this section apply to Outfall 001. The permittee shall biomonitor quarterly during the period of October through March, and monthly during the period of April through September, for Ceriodaphnia dubia inclusively and once per year for Pi.mephales promelas. The permittee shall conduct influent and effluent diazinon monitoring concurrent with toxicity testing. Influent samples shall be collected approximately one treatment plant detention period prior to the collection of the effluent samples for the required toxicity test and diazinon analysis. The permittee shall also monitor the influent and effluent for any other identified or suspected pollutant(s) which contribute to or cause effluent toxicity. Scope and Methodology The permittee shall implement all toxicity tests utilizing the test or- ganisms, procedures and quality assurance requirements specified in this section of the permit and in accordance with the EPA manual, "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", EPA/600/4-89/001, or the most recent update thereof. The permittee shall repeat a test, including the control -and all effluent dilutions, if the procedures and quality assurance requirements defined in the test methods or in this permit are not satisfied. The permittee shall utilize the Ceriodaphnia dubia chronic static renewal survival and reproduction test (Method 1002.0). This test should be terminated when 60\ of the surviving females in the control produce three broods. The permitt~e shall utilize the Pimephales promelas (Fathead minnow) chronic static renewal 7-day larval survival and growth test (Method 1000.0 or the most recent publication). A minimum of five (5) repli- cates with eight (8) organisms per replicate must be used in the control and in each effluent dilution of this test. The permittee shall use five effluent dilution concentrations in addition to a control (0\ effluent) in each toxicity test. These addi- tional effluent concentrations shall be 30\, 41\, 54\, 72\, and 96\. The low-flow effluent concentration (critical dilution) is defined as the 96\ effluent concentration. Permit No. TX0047295 Page 8 of Part II 3. a. Required Toxicity Testing Conditions Test Acceptance The permittee shall repeat any toxicity test, including the control and all effluent dilutions, which fails to meet any of the following criteria: (i•) The toxicity test control (0\ effluent) must have survival equal to or greater than 80\. (ii) The mean number of Ceriodaphnia dubia neonates produced per surviving female in the control (0\ effluent) must be 15 or more. (iii) The mean dry weight of surviving Fathead minnow larvae at the end of the 7 days in the control (0\ effluent) must be 0.25 mg per larva or greater. (iv) The percent coefficient of variation between replicates shall be 40\ or less in the control (0\ effluent) for the young of surviving females in the Ceriodaohnia dubia reproduction test; the growth and survival endpoints of the Fathead minnow test. (v) The percent coefficient of variation between replicates shall be 40\ or less in the 96\ effluent concentration, unless significant lethal or nonlethal effects are exhibited for the young of surviving females in the Ceriodaphnia dubia reproduction test; the growth and survival endpoints of the Fathead minnow test. b . Statistical Interoretation (i) For the Ceriodaphnia dubia survival test, the statistical analyses used to determine if there is a significant difference between the control and the low flow effluent concentration (critical dilution) shall be Fisher's Exact Test as described in the "Short- Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", EPA/600/4-89/001, or the most recent update thereof. (ii) For the Ceriodaphnia dubia reproduction test and the Fathead minnow larval survival and growth test, the statistical analyses used to determine if there is a significant difference between the control and the low flow effluent concentration (critical dilution) shall be in accordance with the methods for determining the No Observed Effect Concentration (NOEC) as described in the •short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", EPA/600/4-89/001~ or the ~ost rec~nt tipdate thereof . c . Dilution Water Dilution water ·used in the toxicity tests will be receiving water from Lower West Fork Trinity River collected as close to the point of. discharge as possible but unaffected by the discharge. The permittee shall substitute synthetic dilution water of similar pH, hardness and alkalinity to the closest downstream perennial water for; (i) toxicity tests conducted on effluent discharges to receiving water classified as intermittent streams; and Permit No. TX0047295 Page 9 of Part II d. (ii) toxicity tests conducted on effluent discharges where no receiving water is available due to zero flow conditions. If the receiving water is unsatisfactory as a result of instream toxicity (fails to fulfill the test acceptance criteria of item 3.a.), the permittee may substitute synthetic dilution water for the receiving water in all subsequent tests provided the unacceptable receiving water test met the following stipulations: (i) a synthetic dilution water control which fulfills the test acceptance requirements of item 3.a. was run concurrently with the receiving water control; (ii) the test indicating receiving water toxicity has been carried out to completion (i.e., 7 days); and (iii) the synthetic dilution water shall have a pH, hardness and alkalinity similar to that of the receiving water or closest downstream perennial water not adversely affected by the discharge, provided the magnitude of these parameters will not cause toxicity in the synthetic dilution water. Samples and Composites (i) The permittee shall collect a minimum of three flow-weighted 24-hour composite samples representative of normal operation from Outfall(s) 001. A 24-hour composite sample consists of a minimum of 12 effluent portions collected at equal time intervals representative of a 24-hour operating day and combined propor- tional to flow or a sample continuously collected proportional to flow over a 24-hour operating day. (ii) The permittee shall collect the 24-hour composite samples such that the effluent samples are representative of any periodic episode of chlorination, biocide usage or other potentially toxic substance discharged on an intermittent basis. (iii) The permittee shall collect the 24-hour composite samples so that the maximum holding time for any effluent sample shall not exceed 72 hours. The permittee must have initiated the toxicity test within 36 hours after the collection of the last portion of the first 24-hour composite sample. Samples shall be chilled to 4 degrees Centigrade during collection, shipping and/or storage. (iv) If the flow from the outfall(s) being tested ceases during the collection of effluent samples, the requirements for the minimum number of effluent samples, the minimum number of effluent portions arid the sample holding time are waived during that sampling period. However, the permittee shall collect an effluent composite sample volume during the period of discharge that is sufficient to complete the required toxicity tests with daily renewal of effluent. When possible, the effluent samples used for the toxicity tests shall be collected on separate days if the discharge occurs over multiple days. The effluent composite sample collection duration and the static renewal protocol associated with the abbreviated sample collection must be documented in a .full report as described in the "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", EPA/600/4-89/001, or the most recent update thereof. Permit No. TX0047295 Page 10 of Part II 4. a . b . Reporting Requirements The permittee shall prepare a full report of the results of all tests conducted pursuant to this section in accordance with the Report Preparation Section of "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", EPA/600/4-89/001, or the most current publication, for every valid or invalid toxicity test initiated whether carried to completion or not. The permittee shall retain each full report pursuant to the provisions of Part III.C . of this permit . The permittee shall submit full reports only upon the specific request of the Agency. The permittee shall submit the results of each valid toxicity test on the subsequent monthly DMR for that reporting period in accordance with Part III. D. of this permit, as follows: Ceriodaphnia dubia A. If the Ceriodaphnia dubia NOEC for survival is less than the 96\ effluent dilution, enter a "l"; otherwise, enter a "0". Parameter No. TLP3B. B . Report the Ceriodaphnia dubia NOEC value for survival, Parameter No. TOP3B. c . Report the Ceriodaphnia dubia NOEC value for reproduction, Param- eter No. TPP3B. D. Report the\ coefficient of variation (larger of low flow and control dilutions), Parameter No. TQP3B. E. Report the concentration of Diazinon measured in the raw sewage/influent, Parameter No. 39570. F. Report the concentration of diazinon measured in the effluent, Parameter No. 39570. Pimephales promelas (Fathead Minnow) A. If the Fathead minnow No Observed Effect Concentration (NOEC) for survival is less than the 96\ effluent dilution, enter a "1"; otherwise, enter a "0". Parameter No. TLP6C. B. Report the Fathead minnow NOEC value for survival, Parameter No. TOP6C. c. Report the Fathead minnow NOEC value for growth, Parameter No. TPP6C . D. Report the\ coefficient of variation (larger of low flow and control dilutions), Parameter No. TQP6C. c. The permittee shall submit an annual report to EPA Region 6 Enforcement Branch of the Water Management Division (6W-EA), on all activities associated with eliminating or reducing effluent toxicity. This annual report shall include the toxicity testing results, influent and effluent testing results and any specific chemical testing results. Per~it No. TX0047295 Page 11 of Part II The due date for the first annual report will be one (1) year from the effective date of the NPDES permit, and annually thereafter. 5. Environmental Public Education Program a. The permittee shall develop and implement an Environmental Public Education Program which targets diazinon and any other identified or suspected pollutant(s). b. 6. a . The permittee shall develop quarterly publications (e.g., brochures, fliers, newsletters and/or notices) for city wide distribution to inform and educate the public on use, disposal, potential environmental impacts and treatment issues associated with pesticides and any other identified or suspected pollutant(s). The permittee shall submit an annual report summarizing all activities conducted in accordance with the Environmental Public Education Program. The due date for the f irst annual report will be one (1) year from the effective date of the NPDES permit, and annually thereafter. Best Management Practice Within one year of permit issuance, the permittee shall complete a comprehensive city wide survey to identify user groups and sources of diazinon and any other identified or suspected pollutant(s). The permittee shall evaluate this information and determine needed follow up actions which will effectively reduce or eliminate diazinon and/or any other identified or suspected pollutant(s) entry into the sanitary sewer system. . b . The permittee shall submit to EPA Region 6, Enforcement Branch of the Water Management Division (6W-EA), a Best Management Practice Report two years from permit issuance to describe the survey results and subsequent programs developed and implemented to address the survey results. The report should also describe benefits derived from implementing the Best Management Practices. 7. Reopener Clause This permit may be reopened to require effluent limits, additional testing, and/or other appropriate actions to address toxicity. Accelerated or intensified testing may be required in accordance with Section 308 of the Clean Water Act. SECTION C. TEXAS 24 HOUR ACUTE BIOMONITORING REQUIREMENTS: • FRESHWATER 1. a . SCOPE, FREQUENCY AND METHODOLOGY The provisions of this Section shall apply individually and separately to Outfall(s) 001. No samples or portions of samples from one outfall may be composited with samples or portions of samples from another outfall. The provisions of this Section are in addition to other biomonitoring requirements in this permit. Permit No. TX0047295 Page 12 of Part II 24-HOUR ACUTE TEST SUBSTITUTIONS -If any other tests conducted under biomonitoring requirements elsewhere in PART II of this permit include the 100\ effluent concentration in the dilution series, the mean survival results at 24 hours from those tests, for each species, may be submitted to fulfill the requirements of this Section. See Item 4.b. of this Section for acceptable test substitutions. b. The permittee shall test the effluent for lethality in accordance with the provisions of this Section. Such testing will determine if an effluent sample meets the Texas Surface Water Quality Standard listed at 31 TAC S307.6(e)(2)(8) of greater than SO\ survival of the appropriate test organisms in 100\ effluent for a 24-hour period. c. The permittee shall initiate the following series of tests within sixty (60) days of the effective date of the permit. The permittee shall submit the results of these tests on the Discharge Monitoring Report (DMR) due in the month following the test. The toxicity tests shall be conducted two (2) times per year, at six month intervals, for the life of the permit. d . The permittee shall implement all toxicity tests utilizing the test or- ganisms, procedures, and quality assurance requirements specified in this Section of the permit and in accordance with the EPA manual, "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms", EPA/600/4-90/027, or the latest update thereof. The permittee shall repeat a test, including the control and all effluent dilutions, if the procedures and quality assurance requirements defined in the test methods or in this permit are not satisfied. A repeat test shall be conducted within the required reporting period of any test determined to be invalid, in accordance with Item 2.a., below, of this Section. e. The permittee shall use the Daphnia pulex acute static 24-hour defini- tive toxicity test. A minimum of five (S) replicates with eight (8) organisms per replicate must be used for this test. f. The permittee shall use the Pimephales promelas (Fathead minnow) acute static 24-hour definitive toxicity test. A minimum of five (5) repli- cates with eight (8) organisms per replicate must be used for this test. g . In addition to an appropriate control (0\ effluent), a 100\ effluent concentration shall be used in the toxicity tests. h. This permit may be reopened to require whole effluent toxicity limits, chemical specific effluent limits, additional testing, and/or other appropriate actions to address toxicity. 2. PERSISTENT LETHALITY a. If any toxicity test at the 100\ effluent concentration demonstrates 50\ or greater mortality, the permittee shall conduct two (2) additional tests (retests) for each specie that demonstrates mortality and report these results as required in Item 4 of this Section. The two additional retests shall be conducted monthly during the next two consecutive months. Five (5) dilutions in addition to an appropriate control (0\ effluent) shall be used in the two (2) retests. These effluent concen- trations shall be 6\, 13\, 25\, SO\, and 100\. If one of the retests indicates 50\ or greater mortality at the 100\ effluent concentration, the permittee may suspend additional retesting for this period and Permit No. TX004729S Page 13 of Part II shall notify the EPA in writing within five (S) days. If none of the retests indicates SO\ or greater mortality at the 100\ effluent concen- tration, the permittee shall continue testing at the original frequency (two times per year, per species, following the original schedule). b. Within thirty (30) days after submitting the original and retest results which demonstrate SO\ or greatei mortality at the 100\ effluent concen- tration, the permittee shall initiate a Toxicity Reduction Evaluation (TRE) in accordance with the procedures stated in the TRE Section of Part II of this permit. The permittee shall continue biomonitoring quarterly (as a minimum) during the TRE, using the affected species, unless otherwise authorized by the permitting authority. c. Within three (3) years from the date of completion of the test confirm- ing SO\ or greater mortality at the 100\ effluent concentration, the permittee shall demonstrate greater than SO\ survival of the appropriate test organism in 100\ effluent for a 24-hour test period for all subsequent testing. 3. REQUIRED TOXICITY TESTING CONDITIONS a. Dilution Water Dilution water used in the toxicity tests will be receiving water from Lower West Fork Trinity River collected as close to the point of discharge as possible but unaffected by the discharge. The permittee shall substitute synthetic dilution water of similar pH, hardness and alkalinity to the closest downstream perennial water where the receiving stream is classified as intermittent or where the receiving stream has no flow due to zero flow conditions. If the receiving water is unsatisfactory as a result of preexisting instream toxicity the permittee may substitute synthetic dilution water for the receiving water in all subsequent tests provided the unaccept- able receiving water test met the following stipulations: i. a synthetic dilution water control was run in addition to the receiving water control; ii. the test indicating receiving water toxicity has been car- ried out to completion (i.e., 24 hours); iii. the permittee includes all test results indicating receiving water toxicity with the full report and information required by Item 4. below; and iv. the synthetic dilution water shall have a pH, hardness and alkalinity similar to that of the receiving water or -closest downstream perennial water not adversely affected by the discharge, provided the magnitude of these parameters will not cause toxicity in the synthetic dilution water. b. Control Survival If more than 10\ of the test organisms in any control die within 24 hours, that test including the control and all effluent dilution(s) shall be repeated with all results from both tests reported as per Item 4. of this Section. Permit No. TX0047295 Page 14 of Part II c . Samples and Composites 4. a. b. The samples shall be collected at a point following the last treatment unit. one flow-weighted 24-hour composite sample representative of dry weather flows will be collected from each outfall, and a discrete test will be run on each composite sample. A 24-hour composite sample consists of a minimum of twelve (12) effluent portions collected at equal time intervals and combined proportional to flow or a sample continuously collected proportional to flow over a 24-hour operating day. Samples shall be chilled to 4 degrees Centigrade during collection, shipping and/or storage. The toxicity tests must be initiated within 36 hours after collection of the 24-hour composite sample. The 24-hour composite sample must be collected such that the sample is representa- tive of any periodic episode of chlorination, biocide usage, or other potentially toxic substance discharged on an intermittent basis. The permittee shall have the sample dechlorinated in the laboratory prior to installation of dechlorination systems. However, upon opera- tion of dechlorination systems, the permittee shall not allow the sample to be dechlorinated at the laboratory. REPORTING The permittee shall prepare a full report of the results of all tests conducted pursuant to this Part in accordance with the Report Prepara- tion Section of, "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms", EPA/600/4- 90/027, for every valid or invalid toxicity test initiated, whether carried to completion or not. The permittee shall retain each full report pursuant to the provisions of Part III.C.3. of this permit. The permittee shall submit the information contained in any full report upon the specific request of the Agency. The permittee shall report the following results of each toxicity test on the subsequent monthly DMR for that reporting period in accordance with Par~ III.D.4. of this permit: Daphnia pulex Enter the following codes on the DMR for Parameter No. TIE3D: "0" if mean survival at 24 hrs . is greater than 50\ in 100\ effluent "1" if the mean survival at 24 hrs. is less than or equal to 50\ in 100\ eff1uent. In cases of test substitution (See 24 HOUR ACUTE TEST SUBSTITUTIONS, Item 1. a., above), mean survival results in 100\ effluent from the 48 hr. Daphnia pulex acute test or the 7 day chronic Ceriodaphnia dubia test, determined at 24 hrs., shall be reported on the DMR under Parameter No. TIE3D. Permit No. TX0047295 Page 15 of Part II Pimephales promelas (Fathead minnow) Enter the following codes on the DMR for Parameter No. TIE6C : "0" if mean survival at 24 hrs. is greater than SO\ in 100\ effluent "l" if the mean survival at 24 hrs. is less than or equal to SO\ in 100\ effluent. In cases of test substitution (See 24 HOUR ACUTE TEST SUBSTITUTIONS, Item l. a., above), mean survival results in 100\ effluent from the 48 hr. acute or 7 day chronic Pimephales promelas tests, determined at 24 hrs., shall be reported on the DMR under Parameter No. TIE6C. SECTION D. POI.LOTION PREVENTION REQUIREMENTS l . The permittee shall institute a program within 12 months of the effective date of the permit (or continue an existing one) directed towards optimizing the efficiency and extending the useful life of the facility. The permittee shall consider the following items in the program: -a. The influent loadings, flow and design capacity; b. The effluent quality and plant performance; c. The age and expected life of the wastewater treatmer.t facility's equipment; d. Bypasses and overflows of the tributary sewerage system and treatment works; e. New developments at the facility; f. Operator certification and training plans and status; g. The financial status of the facility; h. Preventative maintenance programs and equipment conditions and; i . An overall evaluation of conditions at the facility. 2. The permittee shall complete the follo...,ing evaluation of the sewage sludge generated by the facility: a. An annual quantitative tabulation of the ultimate disposition of all sewage sludge (including, but not limited to, the amount beneficially reused, landfilled, surface disposed, and incinerated). b. An assessment of technological processes and an economic analysis evaluating the potential for beneficial reuse of all sewage sludge not currently beneficially reused, including a listing of any steps which would be required to achieve the sludge quality necessary to benefic i ally reuse the sludge. Permit No. TX0047295 Page 16 of Part II c. A description of, including the expected results and the anticipated ti.ming for, all project• in process, in planning and/or being considered which are directed toward• additional beneficial reuse of sewage sludge. d. An analysis of two sludge samples collected prior to ultimate re-use or disposal on two consecutive days shall be performed for the pollutants listed in Part IV, Element l, Section III, Table 3 of the permit. e. A listing of the specific steps (controls/changes) which would be necessary to achieve and sustain the quality of the sludge so that the pollutant concentrations in the sludge fall below the pollutant concentration criteria listed in Part IV, Element I, Section III, Table 3 of the permit. f. A listing of, and the anticipated timing for, all projects in process, in planning, and/or being considered which are directed towards meeting the sludge quality referenced in (e) above. The permittee shall certify in writing, within three years of the effective date of the permit, that this information is available. This certification shall be submitted to: Environmental Protection Agency Attention: 6W-EA 1445 Ross Ave Dallas Texas 75202-2733 PERMIT NO. TX004729S PART 111 STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. GENERAL CONDITIONS 1. Introduction Jn accordance with the provisions of 40 CFR Part 122.41, et. seq., this pen11it incorporates by reference ALL conditions and requirements applicable to NPOES Pen11it1 set forth in the Clean ijater Act, as amended, (herein· after known as the "Act") as well as All applicable regulations. • 2. Outy to Conplv The permittee nust c~ly with all conditions of this permit. Any permit nonc~liance constitutes a viola· tion of the Act and is grOl.rods for enforcement action; for permit termination, revocation and reissuance, or modification: or for denial of a permit renewal appli· cation. 3. Toxic Pollutants a. Notwithstanding Part 111.A.5, if any toxic effluent standard or prohibition (including any schedule of con-pl iance specified in such effluent standard or prohibition) is pr0111.Jlgated under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and that standard or prohibition is more stringent than any limitation on the pollutant in this permit, this permit shall be IIIOdified or revoked and reissued to confon11 to the toxic effluent standard or prohibition. b. The permittee shall c~ly with effluent standards or prohibitions established ll'lder Section 307(a) of the Act for toxic pollutants within the time provided in the regulations that established those standards or prohibitions, even if the per111it has not yet been modified to incorporate the requirement. 4. Outy to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee nust apply for and obtain a new permit. The application shall be slbmitted at least 180 days before the expiration date of this permit. The Oirector may grant permission to slbmit an application less than 180 days in advance but no later than the permit expiration date. Continuation of expiring permits shall be governed by regulations pr011L1lgated at 40 CFR Part 122.6 and any subsequent ameociDeots. 5. Permit Flexibility This permit may be modified, revoked and reissued, or terminated for .cause in accordance with 40 CFR 1-22.62-. 64. The filing of a request for a permit IIOdification, revocation and reissuance, or termination, or a notifi· cation of plamed changes or anticipated noncon-pl iance, does not stay any permit condition. 6. Property Rights This permit does not convey any property rights of any sort, or any exclusive privilege. 7. Outy to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Oirector 11ay request to determine whether cause exists for IIIOdifying, revoking and reissuing, or terminating this pemit, or to determine c~liance with this permit. The pennittee shall also furnish to the Director, upon request, copies of records required to be kept by this penait. ll. PAGE 1 OF PART Ill CrlMinal and Civil Liability Except H provided in permit conditions on "Bypassing" and "Upsets•, nothing in this permit shall be construed to relieve the penaittee fro,n civil or cri•inal penaltlH for nonc:~liance. Any false or Nterially Misleading representation or concealment of information r~i red to be reported by the provisions of the peralt, the Act, or applicable re9ulations, which avoids or effectively defeats the regulatory purpose of the Pennit Ny subject the Permittee to criminal enforcement pursuant to 18 U.S.C. Section 1001. 9. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any Legal action or relieve the peraittee f r0111 any respons lbi lit i es, liabilities, or penalties to which the permittee is or may be subject ll'lder Section 311 of the Act. 10. State laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the peraittee fr-0111 any responsibfl ities, liabilities, or penalties established pursuant to any applicable State Law or regulation ll'lder authority preserved by Section 510 of the Act. 11 . Severabi l i tv The provisions of this permit are severable, and if any provision of this pennit or the application of any provision of this perait to any circunstance is held invalid, the application of such provision to other circunstances, and the remainder of this permit, shall not be affected thereby. SECTION B. PROPER OPERATION AND MAINTENANCE 1. Need to Halt or Reduce not a Defense It shall not be a defense for a permi ttee in an enforce111ent action that it would have been necessary to halt or reduce the per111itted activity in order to Nintain c~l iance with the conditions of this peMDit. The pen11ittee is responsible for maintaining adequate safeguards to prevent the discharge of i.ntreated or il"lBdeqJately treated wastes dJring electrical power failure either by means of alternate power sources, stanct,y generators or retention of inadequately treated effluent. 2. Duty to Mitigate 3. The penaittee shall take all reasonable steps to Mini•ize or prevent any discharge in violation of this perait which has a reasonable likelihood of adversely affecting hunan health or the envirOM1ent. Proper Operation and Maintenance a. The pennittee shall at all times properly operate and Nintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by permittee as efficiently as possible and in II marvier which will 11ini111i ze upsets and discharges of excessive pollutants and will achieve c~liance with the conditions of this permit. Proper operation and 11aintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This -provision requires the operation of backup or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve c~liance with the conditions of this permit . b. The permittee shall provide an adequate operating staff which is dJLy qualified to carry out (REV. 12/8/93) PERMIT NO. TX004n95 operation, 111aintenance and testing flllCtlons required to insure c~l iance with the conditions of this pennit. 4. Bypass of Treatment Facilities a. Bypess not exceeding limitations. The permittee NY all ow any bypass to occur which does not cause effluent limitations to be exceeded, but only if It also is for essential maintenance to assure efficient operation. These bypasses are not sli>ject to the provisions of Parts 111.B.4.b. and 4.c. b . w.m (1) Anticipated bypass. If the pennittee knows In advance of the need for a bypass, It shall submit prior notice, it possible at least ten days before the date of the bypass. (2) Unanticipated bypass. The penaittee shall, within 24 hours, subnlt notice of an unanticipated bypass as required in Part 111.D.7. c. Prohibition of bypass (1) Bypass is prohibited, and the Director may take enforcement action against • pennittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life , personal injury, or severe property dallla9e; Cb) There were no feasible alternatives to the bypass, such as the use of auxiliary treat111ent facilities, retention of untreated wastes, or 111aintenanc:e d;.iring nonnal periods of equipment dol,nti•. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engi neel"ing judgment to prevent • bypass which occurred d;.iring nonnal periods of equipment dol,ntime or preventive maintenance; and, Cc) The permittee sl.bnitted notices as required by Part 111.B.4.b. (2) The Director IIIBY allow an anticipated bypass after considering its adverse effects, if the Di rector determines that it will lllfft the three conditions listed at Part 111.B .4.c(l). 5 : Upset Conditions a. Effect of an upset. An upset constitutes an affirmative defense to an action brought for nonc0111- pl iance with such technology-based penait effluent limitations if the requirements of Part 111.B.5.b. are met. No determination made during aanlnistra· tive review of claims that nonc~liance was caused by upset, and before an action for nonc~liance, is final aaninistrative action subject to judicial review. b. Conditions necessary for a demonstration of 1.p5et. A permittee who wishes to establish the affinaative defense of upset shall demonstrate, through properly signed, cont~raneous operating logs, or other relevant evidence that: PAGE 2 OF PART Ill ( 1) Ari "P5et occurred and that the penni ttee can identify the cause(s) of the upset; (2) The pennitted facfl lty was at the time beinv properly operated; (3) The pennittee 11.bnitted notice of the upset as required by Part 111.D.7; and, (4) The permi ttee c~l led with any remedial 111easure s required by Part 111.B.2. c. 8urden of proof. In any enforcement proceeding, the penalttee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, 1ewa9e sludges, filter backwash, or other pollutants removed in the course of treatment or -tewater control shall be disposed of in a 111arner such as to prevent any pollutant from such Nterials from entering navl9able waters. 7. Percent Removal For publicly owned treatment works, the 30-day average percent rtfflOval for Biochemical Oxygen Deaiand and Total SUspended Sol Ids shall not be less than 85 percent 1i1less otherwise authorized by the permitting authority in accordance with 40 CFR 133.103. SECTIOII C. MONITORING ANO RECORDS 1. Inspection and Entry The penai ttee she! l el low the Di rector, or an authorized representative, upon the presentation of credentials and other docunents as inay be required by the law to: •· Enter upon the pennittee•s premises where a r'9ulated facility or activity is located or conducted, or where records IIUSt be kept under the conditions of this penait; b. Have access to and copy, at reasonable tiines, any records that 1USt be kept U"lder the conditions of this perait; c. Inspect et reasonable times any facilities, equip· 111ent (includinv monitoring and control equipment), practices or operations regulated or required \nder this perait; and d. Saq:,le or 110nitor at reasonable times, for the purpose of assuring pennit c~liance or as otherwise authorized by the Act, any substances or parameters at any location. 2. Representative Sanp~ing S~l es end ineasurements taken for the purpose of aonitorinv shell be representative of the 111onitored activity. 3 . Retention of Records The permittee shall retain records of all monitoring infonnation, including ell cal ibratlon and 11aintenance records end all ori9inal strip chart recordinvs for continuous IIIOl'litoring instrunentation, copies of all reports requl red by this permit, and records of all data used to c~lete the application for this permit, for a period of at least 3 years fr0111 the date of the slllll)le, ineasurement, report, or application. This period uy be extended by request of the Director at any time. 4. Record Contents Records of IIIOl'litoring information shall include: (REV. 12/8/93) PERMIT NO . TX004n95 a. The date, exact place, and time of Sllll'4)ling or measurements; b. The individual Cs) who performed the sarrpl ing or measurements; c. The date(1) and time(s) analyses were performed; d. The indivldual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 5. Monitoring Procedures a. Monitoring ll'USt be conducted according to test procedures approved ~er 40 CFR Part 136, u,less other test procedures have been specified in this permit or approved by the Regional Administrator. b . The permittee shall calibrate and perfora maintenance procedures on all lllC>nitoring and analytical instrunents at intervals frequent enough to insure accuracy of measurements and shall 11111in· tain appropriate records of such activities. c . An adequate analytical quality control prograr1, including the analyses of sufficient standards, spikes, and duplicate Slll'l)les to insure the accuracy of all required anal yt i cal results shell be maintained by the pennittee or designated conrnerclal laboratory. 6 . Flow Measurements Appropriate fl ow measurement devices and 111ethods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of .the volune of monitored discharges. The devices shall be installed, calibrated, and maintained to insure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Oevices selected shall be capable of measuring flows with a 11111xirrun deviation of less than 10% from true discharge rates throughout the range of expeeted discharge volunes. SECTION 0. REPORTING REQUIREMENTS 1. PlaMed Changes a. Industrial Permits The permittee shall give notice to the Director as soon as possible of any pla!Yled physical alterations or additions to the pennitted facility. Notice is required only when: (1) The alteration or addition to a pennitted tacit ity may meet one of the criteria for detennining whether a facility is a new source in 40 CFR Part 122.29Cb); or, (2) • The alteration or addition could signific.,;tly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements listed at Part 111.D . 10.a. b. Municipal Permits Any change in the facility discharge (including the introduction of any new source or significant discharge or significant changes in the quantity or quality of existing discharges of pollutants) nust be reported to the permitting authority. In no case are any new connections, increased flows, or significant changes in influent quality permitted that will cause violation of the effluent limitations specified herein. PAGE 3 OF P~ 2. Anticipated Nonconpl ianc:e The peraittee shall give advance notice to the Di of any plarv'led changes In the pennitted facil activity which 111y result In nonc~lianc:e with requlr-,u 3. Transfers This perait Is not transferable to any person after notice to the Director. The Director 11ay r IIIOdification or revocation and reiasuance of the I to change the name of the peraittee and incorporat other requirements as 111y be necessary U'"lder the 4. Discharge Monitoring Reports and Other R~rts Monitorin; results nust be reported on Dis, Monitorin; Report (DMR) Fona EPA No. 3320· accordanc:e with the MGeneral Instructions• provic the fora. The permlttee shall slbmit the origini signed and certified as required by Part 111.D.1 all other reports required by Part 111.D. to the I the address below. Duplicate copies of DMR's ar other reports shall be sl.tnitted to the approf State agency(ies) at the following addressees): EPA: ihiter Management Division Enforcement Branch (61J·E) U.S. Environnental Protection Agency, Region 6 1445 Ross AverA.Je Dallas, TX 75202·2733 New Mexico: Progr• Manager Surface Water Ouality Bureau New Mexico Envirorment Department 1190 Saint Francis Drive Santa Fe, NM 87501·4182 Oklahc.a Clnci.istrial Pennits Only): Di rector Olclahcaa Water Resources Board P.O. Box 150 Oklahcaa City, OK 73101·0150 Louisiana: Assistant Secretary for ~ater Water Pollution Control Division Louisiana Department of Environnental Ouallty P.O. Box 82215 Baton Rouge, LA 70884·2215 5. Additional Monitoring by the Permittee If the peraittee monitors any pollutant more frequE than r~ired by this perait, using test procec approved ~r 40 CFR Part 136 or as speeifled in perait, the results of this aonitoring shall be incl in the calculation and reporting of the data sl.trni in the Discharge Monitoring Report (OHR). increased 11101'\itoring frequency shall also be indic on the DMR. 6. Averaging of Measurements Calculations for all limitations which require avera of measurements shall utilize an arithmetic mean un otherwise specified by the Director in the permit. 7. Twenty-Four Hour Reporting a. The perai ttee she t l report any noncoq>l i ance w! 11111y endanger health or the environaent. infonnation shall be provided orally within 24 h, froa the time the peraittee becomes aware of circY11Stances. A written sul:nission shall (REV. 12/8, PERMIT NO . TX004n9S provided within 5 days of the time the permittee becomes aware of the circunstances. The report shall contain the following Information: (1) A description of the nonc~l lance and its cause; (2) The period of nonc~l lance Including exact dates and times, and if the nonc~l i ance has not been corrected, the antic i pated t i me it is expected to continue; and, {3) Steps being taken to reduce, eliminate , and prevent recurrence of the nonc~l yi ng discharge. b . The fol lowing shall be included as infon11ation which must be reported within 24 hours: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit; (2) Any upset which exceeds any effluent limitation in the permit; and, (3) Violation of a maxill'UII daily discharge limitation for any of the pollutants listed by the Director in Part II (industrial permits only) of the permit to be reported within 24 hours. c . The Director may waive the written report on a case· by-case basis if the oral report has been rece i ved within 24 hours. 8. Other Nonconpliance The perm i ttee shall report all instances of nonc~liance not reported under Parts 111.D.4 and 0.7 and Part 1.8 (for industrial permits only) at the time monitoring reports are submitted . The reports shall contain the infonnation listed at Part 111.0;7. 9 . Other Information \/here the permi ttee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Di rector, it shall pr~t l y submit such facts or information. 10 . Changes in Discharges of Toxic Substances All existing 111anufacturin9, comnercial, m1n1ng, and silvacultural pennittees shall notify the Director as soon as it knows or has reason to believe: a . That any activity has occurred or will occur which wou l d result in the discharge, on a routine or f r equent basis, of any toxic -pollutant listed -at 40 CFlt Part 122, Appendix D, Tables II and Ill (excluding Total Phenols) which is not limited in the perm i t , if that discharge will exceed the highest of the following "notification levels ": (1) One hundred micrograms per l i ter (100 llg/l); (2) Two hundred micrograms per l i ter (20 0 1'9/l) for acrolein and acrylonitri le; five hundred micro · grams per liter (500 jlg/l) for 2,4 ·dinitro· phenol and for 2·methyl·4,6·dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five (5) times the maxi111.111 concentration value reported fo r that pollutant in the permit application; or (4) The level established by the Di rector. b . That any activity has occurred or will occur which would result in any discharge, on a non-routine or PAGE 4 OF PART Ill infrequent basis, of a toxic pollutant wh i ch Is not l lalted in the penni t, ff that discharge will exceed the highest of the following "notification levels": (1) Five hll'odred aicrograms per liter (500 1'9/l); (2) One •illigrani per l i ter (1 ing/l) for antirony; (l) Ten (10) tin:s the maxill'UII concentration value reported for that pollutant in the permit application; or (4) The level established by the Director. 11. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a . All pennit applications shall be signed as follows: (1) For• corporation· by a responsible corporate officer. For the purpose of this section, a responsible corporate off i cer 111eans: (a) A president, secretary, treasurer, or vice-pres i dent of the corporation in charge of a principal business f111Ction, or any other person who performs similar pol icy or decision 111king f1S1Ct i ons for the corporation; or, Cb) The manager of one or 1110re 11&nufacturing, production, or operating facilities ~loying lllOre than 250 persons or having gross arn.,a l sales or expenditures exceeding S25 million (in second·q.Jarter 1980 dollars), if authority to sign cloc1.111ents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship· by a general partner or the proprietor, respectively . (3) For a 111.Jnicipal ity, State, Federal, or other publ l e agency· by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: (a) The chief executive officer of the agency, or Cb) A senior executive officer having respon· sibility for the overall operations of a principal geographic l.l"lit of the agency. b. All reports required by the pennit and other -infonnation r~sted by -the Director ·shall be signed by e person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made i n writing by a person described above; (2) The authorizat i on specifies either an individual or a position having responsibil i ty for the overall operation of the r egulated faci l ity or activity, such as the position of plant 1111nager, operator of a we! l or a wel t field, s~rintendent, or position of equivalent responsibility, or an individual or position having overall responsibility for environnental 111atters for the COOl)lny. A duly authorized representative may thus be either a (REV. 12/8/93) PERMIT NO. TX0047295 named individual or an individual occupying a named position; and, (3) The written authorization is SI.Ollitted to the Director. c. Certification. Any person signing• doe1.1nent U'lder this section shall Nice the following certification: NI certify U'lder penalty of law that this doe\.lllent and all attachments were prepared \rider 11,y direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information sutmitted. Based on "'Y inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the informtion, the lnfonnation sl.bnitted is, to the best of 11,y lcnowledge and belief, true, accurate, and c~lete. I am aware that there are significant penalties for sl.bnittlng false information, including the possibility of fine and i~risorment for lcnowing violations.• 12. Availability of Reports Except for applications, effluent data, pennits, and other data specified in 40 CFR 122.7, any information submitted pursuant to this permit may be claimed as confidential by the sl.bnitter. If no claim is made at the time of sut:mission, information Ny be made available to the public without further notice. 13. Archeological and Historical Sites (Texas Permits Only) If during the life of this permit, new construction or land acquisition or any construction related activity where previously U'ldisturbed grOU"d is proposed for disturbance by the pennittee, which is related to an activity authorized by this permit, the permittee shall send the following items to the Texas State Historic Preservation Officer (SHPO): (1) a description of the new construction and the potential i~ct that this activity inay have upon the grOU"d (including sludge application methods, if applicable), and (2) a copy of a uses topographic map outlining the location of the project and associated sludge disposal areas or other ancillary in-pact areas. The address of the Texas SHPO is: Texas State Historic Preservation Officer Department of Antiquities Protection Texas Historical COl!fllission P.O. Box 12276 Austin, Texas 78711 This information will be used by the Texas SHPO and EPA to consult according to the requirements of 36 CFR Part 800.4·800.6 on methods to minimize hana to historical _ properties. The applicant will be contacted within .30 days about further actions that may be needed to meet the requirements of 36 CFR Part 800. SECTION e: PENALTIE -S FOR VIOLATIONS OF PERMIT CONDITIONS 1. Criminal a. Negligent Violations The Act provides that any person who negligently violates pennit conditions i~lementing Section 301, 302, 306, 307, 308, 318, or 405 of the Act is sl.bject to a fine of not less than S2,500 nor more than S25,000 per day of violation, or by i~risorroent for not more than 1 year, or both. b . Knowing Violations The Act provides that any person who lcnowingly violates permit conditions i~lementing Sections PAGE 5 OF PART Ill 301, 302, 306, 307, 308, 318, or 405 of the Act Is sl.Oject to a fine of not less than S5,000 nor 110re than S50,000 per day of violation, or by i~ls~t for not 110re than 3 years, or both. c. Knowing Endangerment The Act provides that any person who k.nowingly violates penait conditions irrplementlng Sections 301, 302, 303, 306, 307, 308, 318, or 405 of the Act and who mows at that time that he Is placing another person in inminent danger of death or serious bodily Injury is subject to a fine of not 1110re than S250,000, or by i~risorvnent for not 1110re than 15 years, or both. d. False Statements The Act provides that any person who k.nowingly 11Blces arry false Nterlal statement, representation, or certification In any appl !cation, record, report, plan, or other doeinent fl led or required to be 111lntalned i.nder the Act or who lcnowlngly falsifies, t~r• with, or renders inaccurate, any monitoring device or aethod required to be 11111intained lrlder the Act, shall l.4)00 conviction, be J:ll.l'lished by a fine of not aore than s10,ooo, or by irrprisorment for not 1110re than 2 years, or by both. If a conviction of a person is for a violation c011mitted after a first conviction of such person lllder this paragraph, p,..nishalent shall be by a fine of not more than S20,000 per day of violation, or by irrprisonrnent of not aore than 4 years, or by both. ( See Section 309.c.4 of the Clean Water Act) 2. Civil Penalties The Act provides that any person who violates a pernit condition iqilementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is sl.bject to a civil penalty not to exceed S25,000 per day for each violation. 3. Acininistrative Penalties The Act provides that any person who violates a pennit condition iqilementing Sections 301, 302,306,307,308, 318, or 405 of the Act is sl.bject to an acininistrative penalty, as follows: a. Class I Penalty Not to exceed S10,000 per violation nor shall the 1111xin.a amix.nt exceed S25,000. b. Class II Penalty Not to exceed S10,000 per day for each day during which the violation continues nor shall the inaxiaun 11111011\t exceed S125,000. SECTION F. DEFINITIONS All definitions contained in Section 502 of the Act shall apply -to -this penait and are · incorporated · herein ·by reference. Unless otherwise specified in this penait, additional definitions of words or phrases used in this perait are as follows: 1. "Act" 111eans the Clean Water Act (33 U.S.C. 1251 et. seq.), as amended. 2. "Acininistrator• aeans the Acininistrator of the U.S. Environmental Protection Agency. 3. •Applicable effluent standards and limitations" means all state and Federal effluent standards and liaiitations to which a discharge is albject \rider the Act, including, but not l iaiited to, effluent l i111itations, standards or perfonnance, toxic effluent standards and prohibitions, and pretreatment standards. (REV. 12/8/93) PERMIT NO. TXOO47295 4. "ApPl i cable water gual lty standards" ineans all water quality standards to which a discharge la 1\bject under the Act. 5. "~" means the intentional diversion of waste strealllS from any portion of a treatment facility. 6. "Daily Discharge" ineans the discharge of a pollutant measured during a calendar day or any 24·hour period that reasonably represents the calendar day for purposes of sa,rpling. For pollutants with limitations expressed in tenns of mass, the 11 dai ly discharge" Is calculated as the total mass of the pollutant discharged over the scllll)ling day. For pollutants with limitations expressed In other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the scllll)l ing day. "Dal Ly discharge" detennination of concentration made using a con-posite •~le shall be the concentration of the con-posite sarrple. IJhen grab scllll)les are used, the "daily discharge" determination of concentration shall be arithmetic average (weighted by flow value) of all sarrples collected during that scllll)l i ng day. 7. "Daily Average" (also known as monthly average) discharge limitations means the highest allowable average of "daily discharge(s)" over a calendar 1110nth, calculated as the sun of all "daily discharge(s)" measured during a calendar month divided by the nuiber of "daily discharge(s)• measured during that inonth. IJhen the permit establishes daily average concentration effluent limitations or conditions, the daily average concentration means the arithmetic average (weighted by flow) of all •daily discharge(s)•. of concentration detennined during the calendar month where C a daily concentration, F = daily flow and n = l"IU!ber of daily scllll)les; daily average discharge= 8. "Daily MaxillUII" discharge limitation means the highest allowable "daily discharge" during the calendar 1110nth. 9. "Di rector" means Agency Regional representative. the U.S. Environnental Ac:ininistrator or an Protection authorized 10. "Environmental Protection Agmy" means the U.S. Env i ronnental Protection Agency. 11. •Grab sanpleN ineans an individual sarrple collected in less than 15 minutes. 12. "Industrial user• means a nondomestic discharger, as identified in 40 CFR 403, introducing pollutants to a pub l icly owned treatment w~rks. 13. "National Pollutant Discharge .Elimination System" means the national program for issuing, inodifying, revoking and reissuing, terminating, monitoring and enforcing permits, and irrposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of the Act. 14. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or sl.bstantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not ,nean econoatic loss caused by delays in production. PAGE 6 OF PART 111 15. •sewage sludge• ineans the solids, residues, and precipitates separated fr0111 or created in sewage by the ~it proc:essn of a J)'bl I cl y owned treatment works. Sewage H used In this definition ineans any wastes, Including wastH fr0111 h1.11111ns, households, comnercial establishments, lrdJstrles, and stor11 water runoff that are discharged to or otherwise enter a J)'bl icly 1 owned treat111ent works. 16. •Treatment works• ,neans any devices and systems used in the storage, treatment, recycling and reclamation of n.riic:lpal sewage and industrial wastes of a l i~id nature to iirpl-,t Section 201 of the Act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, Including Intercepting sewers, sewage collection systems, purrping, power and other equipment, and their appurtenances, extension, l111provement, remodeling, additions and alterations thereof. ' 17. "~" aeans an exceptional incident in which there is unintentional and t~rary nonc~liance with technology-based pennit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include nonc~l iance to the extent caused by operational error, iffl)roperly designed treat111ent facilities, inadequate treatment facilities, Lacie of preventive maintenance, or careless or iffl)roper operation. 18. For fecal colifonn bacteria, a sill1l)le consists of one effluent grab portion collected during a 24-hour period at pealc loads. 19. The tera ~• shall mean million gallons per day. 20. The ter11 "!!9ll.• shall inean 11il l i grams per liter or parts per ail lion (FJFD). 21. The tera •!Slb • shall 111ean 11i crograms per Ii ter or parts per billion (ppb). 22 . Municipal Tenns: a. "7-day average", other than for fecal coliform bacteria, is the arithmetic mean of the daily values for all effluent sarrples collected during a calendar weelc, calculated as the sun of all daily discharges ineasured QJring a calendar weelc divided by the l"IU!ber of daily discharges measured during that weelc. The 7·day average for f~cal coliform bacteria is the g-tric mean of the values for all effluent •~les collected QJring a calendar week. b. "30·day average", other than for fecal coli form bacteria, is the arithmetic mean of the daily values for al I effluent sarrples collected during a calendar inonth, calculated as the sun of all daily discharges measured QJring a calendar month divided by the l"IU!ber of dai Ly discharges measured during that inonth. The 30-day average for fecal coliform bacteria is the geometric mean of the values for all effluent s~les collected during a calendar month. c . "24·hour conposite sanple" consists of a mini11U11 of 12 effluent portions collected at equal time intervals over the 24·hour period and corrbined proportional to flow or a s~le collected at frequent intervals proportional to flow over the 24-hour period. d. •12-hour conposite sanple" consists of 12 effluent portions collected no closer together than one hour end COll'pOSited according to flow. The daily (REV. 12/8/93) PERMIT NO . TXOO4n95 S&lll)l Ing Intervals shall include the highest flow periods. e. 11 6-hour conposite senple" consists of six effluent portions collected no closer together than one hour (with the first portion collected no earlier than 10:00 1.m.) and c~sited according to flow. f. "3·hour conposite sanple" consists of three effluent portions collected no closer together than one hour (with the first portion collected no earlier than 10:00 1.m.) and c~sited according to flow. PAGE 7 OF P (REV. 12/! SEWAGE SLUDGE REQUIREMENTS Pagel of Part IV INSTRUCTIONS TO PERMITTEES Select only those Element• and Sections which apply to your sludge reuse or disposal practice. If your facility utilizes more than one type of disposal or reuse method (for example, Element I and Element II apply) or the quality of your sludge varies (for example, Section II A.fil1 Section III of Element I apply) use a separate Discharge Monitoring Report (DMR) for each Section that is applicable. The sludge DMRs shall be due by February 19th of .. each year and shall cover the previous January through December time period. Tbe sludge conditions do not apply to wastewater treatment lagoons wbere sludge is not wasted for final reuse/disposal. If the sludge is not removed, the peraittee shall indicate on the DMR "No Discharge•. SECTION I: SECTION II: SECTION III: SECTION IV: SECTION I: SECTION II: SECTION III: SECTION I: ELEMENT l -LAND APPLICATIOJf Page 2 -Requirements Applying to ill Sewage Sludge Land Application Page 5 -Requirements Specific to Bulk Sewage Sludge for Application to the Land Meeting Class A or B Pathogen Reduction and the Cumulative Loading Rates in Table 2, or Class B Pathogen Reduction and the Pollutant Concentrations in Table 3 Page 9 -Requirements Specific to Bulk Sewage Sludge Meeting Pollutant Concentrations in Table 3 and Class A Pathogen· Reduction Requirement• Page 10 -Requirements Specific to Sludge Sold or Given Away in a Bag or Other Container for Application to the Land that does ·not Meet the Pollutant Concentrations in Table 3 ELEMENT 2 -SURFACE DISPOSAL Page 12 -Requirements P.pplying to All Sewage 5.ludge Surface •oisposal Page 16 -Requirements Specific· to Surface Disposal Sites Without a-Liner and Leachate Collection System Page 18 -Requirements Specific to Surface Disposal Sites With a Liner and Leachate Collection System ELEMENT 3 -MUNICIPAL SOLID WASTE LANDFILL DISPOSAL Page 19 -Requirements Applying to All Municipal Solid Waste Landfill Disposal Activities • Paie 2 of Pan rv ELEMENT l ~ LANO APPLICATION SECTION I. REOUIREMEITTS APPL YING TO ALL SEW AGE SLUDGE LAND APPLICATION A . General ReguiremegU I. The pcrminee ahall handle and disp<>K of aewaee aludic in accordance with Section '405 of the Clean Waler Acl and all other applicable Fcdcnl reJUlatioru IO prote.tl public health and lhc cnvironm.ent from any reasonab ly anl icipaled advcnc cffecu due IO any 10xic pollut.anu ..,bich may be prucnt in lhc aludJt . 2 . If ~uiremcnu for aludee manaeemcot practice, °' pollut.ant cri1eru become more lllrinicnt than lhc 1lud1c polluun1 limiu or accept.able manaeemcnt practices in lhi• permit, or control a ponuun1 no( tilled in lh is permit , th is permil may be modified or revoked and rc iuucd IO conform 10 lhc rcquircmcnu promul1a1Cd al Section '40S(d)(2) of lhc Clean Waler Act. 3. In all cuca, if lhc penon (permit holder) v,ho prepare, the ecwaie aludie 111pplic1 lhc ac..,a,c 1lud1e IO another penon for land applic11ion uac or IO the owner or lc.aac bolder of the land, lhc permi1 holder shall provide necessary informalion IO the panics who rece ive the ,Judie IO auurc compliance with thuc rtfU)atioru . 4 . The pcrmil\cc ahall Jive prior notice IO EPA (Chief, Pcrmiu Branch, Waler M1na1cmcn1 Division, Mail Code 6W-P, EPA Reeion 6, 1445 Rou Avenue, Dallas, Texas 75202) of any planned chan,u in the scwaic sludie disposal practice, in accordance with '40 CFR Pan 122 .41(1)(l)(iii). Theac chanees may juatify the applica1ion of permit conditions thal arc dirTcrcnl from or abacnl in the existilli permit. Chanec in the aludec use or disposal prac1ice may be cause for modification of the permit in accordance wilh '40 CFR Pan l 22.62(1Xl). B . Testing Reguirememts l . Scwaec aludec ahall be tclled aMuany in accordance with the mclhod apecificd at '40 CFR 268, Append ix I (Toxicity Characteristic Luchini Procedure (TCLP)) or other approved mclhods . Slud,c ahall be lested after final 1rcatmcn1 prior 10 lcavi"' the POTW 1i1e . Scwaee 1lud1e delermincd IO be a hazardous ..,as,e in ac.orJance with 40 CFR Pan 261, ahall be handled accordi"' to RCRA sundarda for the disposal of hu.ardou1 waste in accordan;;e with '40 CFR Pan 262 . The disposal of uwaie aludic deLcnnioed IO be a buardoua wall&, in other than I ceni ficd hu.ardou1 waste disposal fatil ily &hall be prohibi1ed. The RCRA lnfonnalion Manaiemcnl Sec1 ion, t.:lcphonc no . (214) 655- 6750, and the appropriate II.lie aecncy shall be ootified of Lest failure within 24 boun. A wrinen report shall be pro~·ided IO th is ofrace within 7 day, after failini lhe TCLP . The rcpon will conta in lest ruuhs, ccnific11ion that unauthorized disposal has DOI occurred and a aummary of alternative dispoaal plans thal coinply with RCRA standards for lhc disposal orhu.ardous waste . The rcpon shall be addresacd 10 : DircclOr, Hazardous Was1c Mana:emcnt Division , EPA Reeion 6, Mail Code 6H, 1445 Rou Avenue , Dallu, Tcxu 75202 . A copy of lh iJ n:port shall be sent lo the Ch ief, Enforcement Branch, Waler Mana:cmcnl Div iaion , Ma il Code 6W-E, al the same strccl addrcas . 2 . Sewaec sludec shall not be applied to the land ir the con.:cntration of the polluunu cxce.:d the pollutanl conce n1ra1ion criteria in Table l . The frequency of lestine for pollutanls in Table l is fvunJ in Ekrno:nl I , Se ction LC . TABLE l Ceiline Con.:cnlral ion . (milligrams per kilogram)• Arsenic Cadmium Chromium Copper 75 IS 3000 4300 840 57 Lead Mercury Molybdenum Ni c kel PC& S.:knium Zinc • Dry wc i:ht buia 75 420 49 100 7500 hie 3 of Pan IV 3 . PathOJCO Coouol All 1ew11e 1lud1e lbat ia applied IO 11mulninl laod , forell, a public colll.lct 1i1e, or a R-Clamatioo 1i1e aha1l be ll'Ul.ed by eilbcr the Clua A or Clua 8 patho1eo ~uiremcou. Scwa1c alud1c that i1 applied IO a laWll or bome aarden aball be ll'U\.ed by lbc C1111 A p1tho1co ~uircmenu . Scwaie tludae that ia 101d or 1ivco away i.o • bar ab&ll be uul.cd by Clua A patho,e11 ~uircmeou. a. Six a.h.emativea arc available IO demonllnle compli&DCe with Clau A aewaie aludac . All 6 opl.iona ~uiR either lbc dcrui1y of fc,;al coliform i.o the 1ewa1e 1lud1c be lcu llwl 1000 Moll ~blc Number (MPN) per 1n.m of \Ol&I 10lida (di')' wci1h1 bui1), or the dcnaity of Salmonella tp . bac1eri.a i.o the 1ew11c alud1c be leu than lhru MPN pet four 1nrna of LOW 101id1 (dry wciJht buia) al lhc umc lbe 1ewa1c lludae ia uac.d or di,poacd; at the time the acwa,c aludJe ia prcp&Rd for Mic or JlVCD a..,ay in a baJ or oehcr conu.incr for appli~tion IO the land. B<low arc lbc 1ddi1jopaJ ~uiremeou °"eaauy IO meet the dcfinitioo of a Clua A llud1e. A11emativca 5 and 6 arc not authoriz.e4 IO dcmonatrale compliance ..,jib Clau A 1ewa1e slud1e i.o Texu pennil&. A)1ema1ive ) • The lempcnnirc of lbc 1ewa1e llud1e Iba! ia uacd or di,poacd aha1l be mainLaincd at a tpecific value for a period of time . Su 503.Jl(a)(J){u) for apociCic inf~ 6,ltemative 2 -The pH of lbc ae..,a,e lludJe lb&t ia vaccl or di,poaccl aball be niacd IO above l l aod ahall remaill above 1 l for 72 boun. The lempcnnirc of lhe 1ewa1e llud1e lhall be above 52 dcirua Cclaiua for l k houn or lon,cr du Mi the period lbal the p~ of lhe acw11c lludac ia above 12. Al the cod of the 72 hour period dul'\lli wbicb the pH of the acwa1e aludae ia above 12, the 1ewa1c 1lud1c lhall be ait dnc-d IO achieve a per1:elll t0lid1 i.o the 1ewa1e tlud1c 1rc.a1er than 50 perccaL A11emativc 3 -The acwa1e alud&e aball be an.alyz.cd for eo&.em viNKI prior IO palho1eo UUtmclll. The limit for entcric viniaca ia o~ Plaquc•fonnina Unit per four ,nma of IOW 10lida (dry wciibt buiJ) eilbcr before or foUowiDe patho1co \l'Ulmcnt. Soc 5~.Jl(aXS)(ii) for 11pOCif'lc information. The acwaie llud1e lhalJ be ao&.lyz.cd for viab~ hclminlh ova prior IO patho1eo trc.almclll. The limit for viable helrninlh ova i, lcaa than ooc per four 1nma of \Ol&I 10lid1 (dry weiaht bui1) either before or foUowuii patho1en trcatsnclll . Su S03 .32(a)(S)(iii) for ,pe.;ific informatioca.. Alternative 1 -The dcnaity of eo&cnc viNaca in lhe acw11• lludae lhall be lcaa than orie Plaque-formia& Unit per four Jn.lN of IOI.II 10lid1 (dry wei1h1 ba1i1) at the ti~ lhe 1ew11e ,ludac i, uacd or diapoacd or 11 the time: the 1lud1e ia prepared for ulc or Jive away in a b11 or ocher contamcr for application IO the laall. The dcnaity of viable hclminlh ova in the 1ewa1e alud1c abalJ be lcaa lb&n ooc per four an.ma of toUI aolida (dry weieht buia) al the time lbe """"I' llud1e ia utcd or diapoacd or al the lime lhc 1ewa1c alud1c ia prepared for ulc oc aivc away in a baa or other contamcr for app6catioo IO lbc laall. Allcmaljvc S • Scwa1e lludae lhall t>. trca\.ed by one of the Procn1ca IO Pu Mer Re.duce P1tho1ena (PFRP) dcacrib.4 in 503 Appendix 8. PFRPa ~ludc compoa,tiiia, hut dryi"i, hut trc.almcDI, and thcrmophilic aerobic di~ellioa.. Al\.cmalivc 6 -Scw11e 1tud1e eb.aII be trcal.cd by a proce11 that ia e.quivalcnl IO a Proceaa to FuMcr Reduce Palho:eru, if individually approved by the P1tho1eo Equivalcocy Commia..:c reprce.:ntin, the EPA. b . Three ahcmativu arc available to demoDllnlc compriaoce with Clua B 1ew11e alud1c. A11cma1ive1 2 and 3 arc DOt aulhoriu.d l,J dcmorutnlc compfl&DCe with ~11 B acwa1e alud1e i.o Tcxaa permila. Alkmative 1 - Al1ema1ive l · (i) Seven rudom 11mplc1 oflhe acwaae 1lud1c lhall be eoll"\.ed for ooe monitol'Uli cpiaodc Ill the time the acwaac llud1e ia uac.d or diapoaod. (ii) The 1eomctric me.an or the dcoaity of fecal colifonn i.o the umplc1 colleclcd lhall be lcaa than either 2,000,000 MPN per iram of total 10lid. (dry wci1h1 b11i1) or 2,000,000 Coloo7 FonninJ Uoiu per 1ram or LOW aolida (dry weijbt baau). Scwa,e aludee lhall be trc.at.e.d i.n ooc or the Procue.:1 to 1i1nificantly Reduce Pathoecna dci,.;nbc-d in SOJ Appendix I. Scw11c 1lud1c lhall be trut.e.d in I proccu that ia c.quiv1lcn1 to a PSRP, if ind ividw.lly approvc,d by \be P1tho1co EquivalcDCy Committu reprucntia& the EPA. Pate 4 of Pan IV 1n addition , the foUowin, 1i1.c rellrictiona mull be met if Claw B alud1c ia laiid applied: i. Food crop, wilh han,elled paru lb.I IOUCh lhc 11ew11c lllud,e./lOil llllltllJrc IJld arc IOIAlly above lb& laDd aurfa" aball DOl be ban,clll.cd for 14 IDC>Ofh• 11\.cr apptiutioa of-••• lhidp. ii . Food crop, wilh han,clled paru below lbe 1A1rfaca of lbc land ahall DOl be ban,clll.od for 20 moOlha al\.cr appli.:ation of IIC""IJC aludsc when lhc acwaic 1lud1e rcm.aina oa lbc laiid aurfa" for 4 montha or loaicr prior IO iDcorporation in10 the IOil . iii . Food cropa with haNelled paru below lhe 11Urfacc of the land ah.an not be buvelled for 31 mooth, al\.cr application of aew11c aludJc when the acwaic alud1e rcm.aina oo lhc laiid IUrfKc for lew lhan 4 molllh, prior IO inc:orporation UILO Iha eoil. iv . Food cropa, feed crop,, IJld fiber crop, aball not be harve«od for 30 day, 11\.cr application of aewa,-c aludJe . v. Animah &hall not be allowed t.o JT&U oo lb& land for 30 da1111\.cr applieation of aewa1e aludre . vi. Turf pwn on laod where KWaJe alud,e i, applied &hall DOt be han,cllled for 1 year al\.cr application of lb& aewa1e aludrc when lhc han,eatcd curl'ia placed on either laod wilh a hirb p<>'Cntial for public cxpoaurc or a lawn, unlcu otbcrwi1e sp«ified by lbc pennittina autborily. vii . Public acccw t.o laDd wilh a hirh pottntial for public cxpoairc abaI1 be rcllricled for I yur al\.cr application of ICWIJC alud,e. • viii . Public accew to laDd wilh a low potential for pubf,c expoairc ab.all be rcllricled for 30 daya al\.cr application of 1ewa1e aludp. 4. Vector Alll'lction Reduction RequiRmcau All bulk acw,re 1lud1e !hat i, applied IO a,-riculcural land, forell, a public cootact rite, or a reclamation 1i1.c ahaJl be llULcd b1 one of !he followin, 111.cmalivea 1 lhrouJh 10 for VeclOr Alll'lction Reduction. lfbulk .,,,,,e 1lud1e i, applied IO a bome 1arden, or bai,ed acwa,e aludac i, applied to the land, only ,~rnatin 1 lhrouzb ahunalivc I ahal1 be u.aod . Alternative ) • Al1.cma1ive l • Altcmativc ) • Alternative 4 • A11.crnative S • Altcmativc 6 • Ah(malive 7 • The ma» of volaliJc _10lid1 in lhe acware aludie ab.all be ~ b,-a minimum of )I percent. If Ahemative 1 ca.nnot be met for an anaerob~y cJirelled ahidie, demon.slntion can be made b,-diaestin, a portion of !he previoualy di1ell.ed aludJc 10Krobicall1 in the laboraiory in a benc:h-ecale uojt for 40 additional daya at a lcmpcnlUrc betwoui 30 IJld 37 de1rcc1 Cclaiw. Volatile 10lid1 muat be rcduce:d by leaa lb.an 17 pe~m t.o dcmoo.stnle compli&Dcc. lf A11.cmative 1 cannot be met for an aerobic.Uy di1cll.ed aludrc, demonstration can be made b:, dircllln& a portion of lbe prcvioualy di1eated alud1c wilb a percent 10lid1 of two percc01 or lew aerobically in the laboratocy in a bcnch-llCalc unit for 30 adJitional day, al 20 dc1rc-c1 Cclaiw. Volatile 101id1 mu• be rcducc.i b,-lew 1h10 15 pcrcem lO demooatrale comp~e. The apecific oxncn uptake ntc (SOUR) for 1ew•~ 1lud1e lteal.cd in an acn.--bic pro-:eu ahall be equal IO or leu than 1.5 milli1rama of oxnen per hour ~r ,nm of ioul aolidl (dry wei1ht buia) at a temperature of 20 de1reca Cclaiva. Scwa1e 1lud1e aball be lteal.cd in an aerobic procew for 14 cla,-, or lon,er. Durin, lhat time, the temperature of the 1ewa1e alud1c ahaJl be hiJher lha.n 40 dezreu Celaiu1 and the avenre t.empcralUre of the acwaie 1lud1e aball be hi,bcr than ◄S de~u Cchiw. The pH of acw11e 1lud1e &hall be niaed lO 12 or hl1ber by tlbli addition and, without th• addition of more alb.Ii ahall remain al 12 or hiJhcr for two boun and then at 11.5 or hi1her for an additional 21 boun. The percent aolida of 1ew11e 1lud1c that doe, DOt cowin unaubiliud ,olida 1cncral.cd in a primary wutewatcr trutmenl proccw ahall be equal to or &realer than 75 ~n;ent buc.d on lb& muiat ure content uld tolll aolid, prior to mixin& with other matcri&Ja . Unrubiliud aolida are defined u O(itnic mat.trial, in 1ewa1e 1lud1c thAt have DO( been lteal.cd in either an aerobic OC' anaerobic treatment procea. Al1emative I • Alt.cmative 9 • AJ1ema1ive 10 • C. ,1onitorin,2 Reguirymeots Pare 5 of Pan IV The percent .olid1 of ,cware alud1e lhal conaiN un.ubiliud .olid1 1eneraled in a primary wut.cwa\.cr trulment proccN ahall be equ.al IO or 1ru1&r than 90 percenl bucd oo the moi.iurc contcnl and tol&l .olid1 prior IO inixin, with oehcr matcriah . Unst.abili.ud .olid1 arc defined u Ol'Janic materiah in ,cwa1e 1lud1e thal uve not b«o trc.aled in either an aerobic or anaerobic trc.a line nl p roc eN . (i) (ii ) Sewa1e 1lud1e aball be iDjccled below the aurface of the land . No 1i1nificant amouDI of the ,cwaae 1lud1e shall be prc,cnt on the land surface withia ooc hour al\.cr the ,cwaae 1lud1e i1 injocled . (ui) When ,cware 1ludre that i1 injccled below the aurface of the land i1 Clas.s A with rcsp«I IO pathorena, the ,cware aludrc ahall be injcclcd below the land aurface within eirht boun al\.cr bcin, diachar,ed from the pathorcn trc.atmc111 procu,. (i) Seware 1ludge applied IO the land airface or placed on a surface disposal 1ite shall be iocorporat.ed inio the .oil within ai.x houn al\.cr appl ication IO or placement on the laod. (u) When ,cwaae 1ludrc that i1 incorporated into the aoil i1 Clau A with respect IO pathoacN, the aewa1c 1ludre aball be applied IO or placed on the land within cirht houn al\.cr bein, diachar,cd from the pathoacn trutmclll proccaa. Toxicity Charac1cristic Leachina Proecdure (TCLP) Tc• • Oocc/You PCB, Oocc/Yc.ar All Olher polluianu ahall be_ moruiored at the frcqucocy shown below: Amount of ,cware slud1e• (metric Ions pu 365 day period) 0 s Sludrc < 290 290 :S Sludre < 1,500 1,500 S Sludrc < 15,000 15,000 s Sludrc Frequency Oncc/Yc.ar Once/Quan.er Oncc/J'wo Month• Oncc/MoOlh Either the amount of bulk s-eware 1ludrc applied 10 the land or the amount of acwarc 1ludrc received by a person who pn:pares scwa~~ sluJre that is 10ld or riven away in a bar or oilier con1.ain.er for applicalion lo the land (Jry wcirh1 bui1). R.:p_rescnt.alive sarnp)es of scware sludre_ shall be collccled and_ an.alyz.cd in accordance with the methods referenced. in 40 CFR S03.ll(b). SECTION n. REQUIR.EMEITTS SPECIFIC TO BULK SEW AGE SLUDGE FOR APPLICATION TO THE LAND MEETING CLASS A or B PATHOGEN REDUCTION AND THE CUMULATIVE LOADING RATES IN TABLE 2. OR CLASS B PATHOGEN REDUCTION AND THE POLLUTANT CONCENTRATIONS IN TABLE 3 For thos.: p~nnittccs mcct inr Cius A or B pathorcn reduction requirements and that mccl the cumulative loadinr rat.cs in Tabl~ 2 below, or lhc Class B palhorcn n:du.:tion n:quin:n~nu and cont.a in concentrations of pollutanu below those !isled in Table 3 found in Element 1, Sectio n m, the foll o "'·ifti condi tio ns apply : Pa1e 6 of Par, JV l. Pollut.ant Limiu Table 2 Cumulative Pollut.ant Loadini Ju1.e f2!l!il!n! (tjlognm.t per he(:t.are) Ancnic 41 Cadmium 39 Chromium 3000 Copper ISOO Lud 300 Merc:ury 17 Molybdenum 11 Nkkcl 420 Selenium 100 Zinc 2800 2 . Patho1cn Control All bull:: sewa1e 1lud1e that iJ appl ied to a1riculwral land, forelt, a public contact site, a reclamation sil.e, or lawn or home 1arden shall be ll'Cal.cd by either Cina A or Clasa B patho1en reduction rcquircmcnt.s as defined above in Element I, Se.:tion l.B.3. 3. Manaiement Practice, a . Bull:: sewaie 1lud1e shall DO( be applied to airiculwral land, forest, a public contact site , or a rcclamalion 1i1.e that iJ fiooded , frozen, or anow-<ovcrcd ao that the bull:: acwa1e sludee ent.en a wetland or Olher waters of the U.S., aa defined in 40 CFR 122 .2, except II provided in a permit iuucd purauaol to acction 402 or 40-; of the CWA. b . Bull:: s.:wa1c sludee shall noc be applied within 10 mcten of a water of lbc U.S . c . Bull:: s.:wae¢ sludee shall be applied at or below the aeronomi c rate in accordance with recommendations from the followin1 ref.:rcnce,: i. STANDARDS 1992. Standards, Engineering Practices and Data, 39th Edition (1992) American Society of A1ri ~ultural En2ineen, 2950 Niles Road, St. Jos.:ph, Ml 49035-9659 . ii . Nation&I Engineering Handbool:: Part 651, A2ricultural Wast.: Mana2emcnt FiclJ. Jl3ndbool:: (1992), P .0 . Box 2890 , Was.hinflon, D .C . 20013. iii . Re c ommendations of local extrnsion services or Soil Conservation Scrvieu. iv . Rc.:ommcndations of a major University'• Aeronomic O.:partmcnl. d . An information sheet shall be provided to the penon '!'ho receives bulk sewaie 1luJ1e sold or Jivcn a11,•ay . The information sheet shall contain the followini information: i . The name and address of the penon who prepared the acwa2e 1lud1e that is aold or iiven away in a bae or other container for application to the land. ii . A statement that application of the scwa2e 1lud1e to the land is prohibited except in accordan.:e with the instructions on the label or information llhect. iii . The aMual whole sludie application rate for the sew11e sludie that docs nOI cause any of the cumulative pollutant loaditli rate, in Table 2 above to be exceeded, unless the pollutant con"ntrations in Table 3 found in Eh:mcnt I, Section ID below arc mcc.. 4 . N01 i ficftlion rcquircmenu a. If bullc scwaie slud2.: is applied to land in a St.alt Olh.:r than the State in which the slud2c is pr<p3r.:d , "''rillen notice sh•ll be provided prior to the initial land appl i.:ation h.> th.: pcnniuing authority for the SlAI~ in whi.:h the bull; sewage sludie is proposed to be applied . The notice shall include : i . The location, by either street addrc" or latitud.: and loniitude, of each land appli,ation site . P11c 7 of Part JV ii . The approiumal.e ti~ period bulk te"'IJC aludrc will be applied 10 the li1.c. iii . The name, addrna, telephone number, aod National Pollutant Di1ebarie Elimination SyRcm permit number (if appropri11.e).for lhe penoo who prepare• lhc bulk eewarc aludJc . iv . The name, addrcu, telephone oumber, and National Pollutanl Di1eti.rie Elimination System permit number (if appropriat.c) for lhc penoo who will apply lhe bulk IIC"'IJC aludJe. b . The permiuu aha II rive 60 dly1 prior notice IO lhe DireclOr of any chan,e planned in the ac-..·arc 1lud1c practice . Any chan,e shall include any planned physical al1.crationa or addiliona IO ~ permin.ed lreatment ..,om, chanies in lhe pcrminu'1 1lud1c uae or dispoaal practice, and abo al1.crationa, addiliona, or 6eleliona of dispoaal sit.ca. Thuc chanrca may justify the application of permit conditions that arc different from or absc111 in the ex.istini permit, includin, notification of addilional dispoaal 1i1.e1 oot rcpol'\Cd duno, !he permit applicalion procua or abacnt in the eiulllin, permit. Chan,c in the aludre uac or disp<>MI pr.cl.ice may be cauac for modification of the permit in accordance with 40 CFR 122 .62(1)(1). c. The penniuu lhaD provide Ibo locatioG or Ill exiltioi 1ludrc dispo11Vuae site, IO lbe Slate Hist~al Commission within 90 day, or CM efl'octivc date of du, pcnnil. • In addition, lbe pennincc ah&II provide lhe local.ion of any DC"' di1po111/u,e 1ilc IO lhe Stale Hi11.orical Commiuion prior \o Ute or lbe Iii&. The pcrmiri.ce shall within 30 dly1 at\cr ootificalion by the SI.Ile HillOrical Commission that a specific sludre dispo111/usc area will advencly effect a National Historic Sile, ccaac uae of .ueb area. 5 . Recordkcepinr Rcquircmcnu • The aludre doeumcnu will be retained on 1ite 11 lhe s.amc location IS other NPDES record,. The puson who prepare, bulk scwaie 1ludre or a acware aludre material ahall d~velop the followini information and u-iall retain the infonnation for five years . If the perminee supplies the sludre to al)Other penon who land applies the 1ludre, the pcrmia.u sha II nolify the land applier of the ~uir,:menu for recordkupin, found in 40 CFR 503 .17 for penona who land apply. a . The coneentralion (mr!K&) in lhe 1ludre of each pollutant listed in Table 3 found in Element I, Section m and the applicable pollutant concentration criteria (!ni/Ki), 2[ lhe applicable cumulative pollutan1 loadinr rate and lhe applicable cumulative pollutant loadin, rate limit (q/h1) lilted in Table 2 above. b . A docription of how lhc palhoien reduction requirements arc met (includinr aite restrictions for Clau B sludres: if applicable). c. A deacriptioil of how lhe vector anraetion reduction require menu ire met. d . A ducription of how the mana,emenl practices listed above in Section II .3 are bcini met . e. The recommended 1rronomic loadinr rate from the rcfereo,;cs listed in Seel.ion II .J .c. aboH, IS well as the a;tual 12ronomic loadin, rate shill be reuined. f. A description of how the site restrict.ions in 40 CFR Part 503 .32(b)(S) are m~l for each site on which Class B bulk scware sludrc is applied . • I · The followinr certification atatcmem: "I certify, under prnalty of law, that the manarement practices in §503 .14 have been me! for ea,h site on which bulk s.:warc sludre is applied. This dctennination has been made under my direction and supervision in a.:cordanee with the system dcsirn.:d to ensure that qualified personnel properly rather and evaluate the information US<d to determine that the manaicmcnt practices have been met. I am aware that lherc are sirnifieanl pcnalti~s for false certification io,;(udini fine anJ imprisonmcnl. • h. A certification st.atcm.:nt lhat all applicable rcquiremenU (specifically listed) have been met, and that the penninee understands that there arc sirnificant penalties for false certification ineludinr fine a;id imprisonment. See 4-0 CFR 503 . l 7(a)(~)(i)(B) or 40 Cr-R Part 503 . J7(a)(S)(i)(B) u applicable to the penninus sludre treatment activities. i. The pc nnin~c shall maintain information that descnl>ea future reol,!raphical areu where sludrc nuy be land •rrlicd . j . The pcnninee shAII maintain information idenlifyin& site selection criteria rc,ardinr (and application sites Mt ident ified at the time of pcnnit application submissiOCL Pare I of Pan rv k . The penninee ahall main&.ain information rc1ardin, bow future land application 1ile1 ..,iJI be mana1cd . The person who prepare, bulk acwaie aludie or a 1ewa1e aludre malerial ahall develop the followin, information and ahall reuin the information indefinjle]Y . If lbe penninee "1pplics lhe aludJe Lo aDOlber penoo 'Who land appliea the 1lud1c, the pennia.ec ahall notify the land applier of the requiremenu foe reeordkocpi.ne found in -40 CFll S03 .17 for peno111 who land apply . a . The location, by either llrut addreu or lati111de and lon,i111de, of each 1ile on which 1lud1e i1 applie.i . b . The number of hectare, in each aile oo ..,hicb bulk 1lud1e ia applied . c . The date and time alud1e i, applied Lo each Iii&. d . The cumulative amouot of each pollutant in 1:ilo,nms/bectarc Ii~ in Table 2 applied Lo each 1itc . e . The IOlal amount of aludre applied Lo each 1ile in melric IOG&. f . The followini certification 11.alemeat: •t cenify, under penalty of law, that the requircmenta Lo obtain information in tS03 . I 2(e)(2) have been met for each tile oo which bulk acwa1c 1lud1e i1 applied. This detennination baa been made under my di~tion and supervi..oo in accordance with the system dcai1ned Lo ensure that qualified pel"IOnncl properly rather and evaluatc the infonnatioa used Lo dctcnnine that the requircmenu to obtain information have been met. l am aware that thcrc arc ai1nificanl penalties for false cenif,cation includin& fioe and impriaonmelll. • I · A deacription of how the requircmenta Lo obtain information in tS03 .12(e)(2) arc met. 6 . R.eportin, R.equiremenu -The pcnninu shall report &nDU&lly on lbe DMR the foOowin, informatioo : a. Pollutant Table (2 or 3) appropriale for perminu '1 land application practice&. b . The frequency of monit.orin& Ii~ in Element I, Section J.C . which applies Lo the pcnninee . c . Toxicity CharacleriSlic Luchina Proce<:lure (TCLP) resulta (Pua/Fail). d . The cooccntnition (rn&fK&> in the ,lud1e of each ponutant listed io Table I (de(UlCd u a monthly avcra1c) as well a, the applicable pollutant coocentration criteria (rn&IK&) lisle4 in Table 3 found in Element I, Section m, or the applicable pollutant loadinz rate limit (k1/ha) listed in Table 2 above if it exceeds 90$ of the limit. e . Level of pathor~n reduction achieved (Clas.s f! oc Claaa ]!). f. Alt~mat ive used as listed in Section l .B .3.(a . orb.). Altcrn1tives dcacnbc how the palhorcn rcduction n:quircmenu are met. If Class B slud1e, include information on how site restrictions were met io the D?-1:R comment section or artach a acparate sheer Lo the DMR . . 1.-Vc.:tor attraction reduction altern1tive used u listed in Section I.B .'4 , h . Annual sludzc production in dry metric Lons/year. 1. Amount of 1lud1c land applied in dry metric Lons/year. j . Amount of ,!udze transport.ed intentate in dry metric tons/year. t.. Th( certification 1tat~ment list.:d in 503 . I 7(a)(4)(i)(B) or S03 . I 7(a)(S)(i)(B) ·•,hi,h~ver applies to the pmnincc5 5ludie treatment activities shall be attached to the DMR. I. V.'hen the amount of any pollutant applied to the land exceeds 90$ of the cumulative pollutant loadinr rate for that pollutant, as d~,cribcd in Table 2, the p(nninec shall report the followin& information as an attachment to the DMR. i. The location, by either llrcct address or latitude and lonzi111de. ii . The number of hectares in each site on which bulk scwazc sludi:c is applied . SECTION Ill . Pare 9 of Part IV iii. The da1.c and lime bulk aewa1e aludJe is applied lo ucb lil.c. iv . The cumulative amount of uch poOullnl (i .e., kilo1nmalbecllrc) lilled in Table 2 in the bulk aewa1e 1lud1e applied lo ucb ai1.c. v . The amoul'II of aewa1e 1lud1e (i .c ., mclric loru) applied lo uch si1.c. vi. The foUowini certification lllal.emcat: •t certify, under penalty o f law, that lhe rcquircmcnu IO obtain information in 40 CFR 503 .12(e)(2) have b«n met for each 1i1.c on which bulk aewa1e 1lud1e it applied. Thia de1.cnnina1ion has been made under my dirulion and aupcrviaion in accordance with lbc 1yllem deaiJned IO ensure that qualified penonncl properly 1ather and evaluau the information uaed IO dcicnnioe that the rcquiremcnu IO obtain information have been met. I am aware that there arc •i1ruficant pcnahiea for falae certification includioi (me and impriaonmcnt . • vii . A description of how lbe rcquiremeata lo obtain infonnation in 40 CFR 503 .12(e)(2) arc met . REQUIREMENTS SPECIFIC TO BULK OR BAGGED SEW AGE SLUDGE MEETING POLL UT ANT CONCENTRATIONS IN TABLE 3 AND CLASS A PATHOGEN REDUCTION REQUIREMENTS For those pennin~cs with 1lud1e that containa concentrations of pollutanta below lhoae pollutal'II limita listed in Table 3 for bulk or baued (conaineruod) sewa1c 1lud1e and alao meet the Cius A palho1en reduction rcquirerncnta, lhe followini conditions apply (Nole : All baued sew11e sludic must be treated by Clu, A p1tho1en reduction rcquiremcata.): I . Pollutant limita -The concentration of the poOutanu in the municipal aewaze aludze i• at or below the values tilled. Arsenic Cadmium Chromium Copper Lead Mercury Mol)·bdenum Nickel Selenium Zinc • Dry wciJhl basis Table 3 Monthly Aven1e Concentntion (milligrams per kilogram)• 41 39 1200 . I.SOO 300 17 11 420 36 2800 2 . Patho~en Control All bulk IC"''aJe slud1e that is applied lo airicultunl land, forest, •·public contact ,ite, a reclamation site, or lawn or horn,: Jarden shall be truted by the Class A pathoren reduction rcquire~nts u defined above in Element I, Section I.B .3. All bagrcd sewazc sludzc fil!ill be treated by Cius A pathozcn reduction requirements. 3 . M1na1ement Practice, -Nooe. 4 . Notification R~quirerncnts -None .· 5 . Rccordl:c.:pinJ Rcquircrncnta -Th_e pennincc ahall d.:velop the followini information and sholl rct..in the information for five y.:.rs . The slud1e documents will be retained on site 11 the same Jo.:ation u other NPDES records . a. The concenlralion (mi~ in th( slud1e of each poUutant !isled in Table 3 and the arrlicahk pollutant con.:(ntntion criteria listed in Table 3. Pare IO of Pan JV b . A cenification .utcmcnt that aU applicable ~uiremenu (,pecifically lisle.d) have been met , and that the . pcrmitl.u undc"'-lnds that \here arc 1i1ni6cant pcnaltic1 for fabc certif,cation includin1 r,nc and impriaonmcnt . Su S03 .17(a)(l)(ii) °' S03 .17(a)(3)(i}(B), whichever applies IO the pcrmiaees sludrc l.lUtmcnt activitic,. c . A ducriptioo of how the Clau A palho1en reduction ~uircmcnu arc incl. d . A deocription of bow the vec\Or aaraclioo reduction ~uircmcnu arc met . 6 . Reportilli Requ;,,menu -The pcnnia.ee shall report annually on \he DMJt \he followin1 information : SECTION JV . Pollutant Arsenic Cadmium . Chromium Copper I. Lead Mercury Molybdenum Nickel S.:lenium Zinc 2 . a. b. c . d . e . (. b. i. j. Pollutant Table 3 appropriatc for permia.ec'1 land application practice&. The f~ucncy of moniiorini listed in Element I, Section I.C. which applies IO \he penniau . Toxicity Charutcristic Luchini Procedure (J"CLP) rcwlu . (Pua/Fail). The concentntion (ffli/K&) io lhe 1lud1e of ucb pollutant !ill.Cd in Table I (defined as a monthly avera1e) found in Element I, Section I. In addition, \he applicable poUutant concentration criteria listed in Table 3 should be included on the DMR. • Patho1en reduction Alternative utcd for Cius A baized°' b'urk 1lud1c ru lilted in Section I.B.3.a . Vector aanclion reduction Altcmalive used u listed in Section l.B.4. Annual 1lud1c production in dry metric tons/year. Amount of 1lud1e land applied in dry mct.ric tons/year. Amount of alud1c \ransport.cd intcntatc in dry mct.ric tons/year. The certification statement listed in 503 . I 7(a)(l)(ii) or 503 . I 7(a)(3)(i)(B), whichever applies 1.o the pemiia.ec1 1lud1e lrcalmcnt activities, shall be attached IO the DMR. REQUIREMENTS SPECIFIC TO SLUDGE SOLD OR GIVEN AW A Y IN A BAG OR OTHER CONT A TNER FOR APPLICATION TO THE LAND THAT DOES NOT MEET THE MINIMUM POLLUTA!-rr CONCENTRATIONS Pollutant Limiu Table 4 P1tho1en Control Annual Pollutant Lo1Jin1 Rat.e {lcilograms per he,larc pu 365 day period) 2 1.9 ISO 75 15 0 .8S 0 .90 21 s 140 All s-.:wa1e sh1J1e that is sold or 1iven away in a ba1 or other contain.:r for application to the land ~h3!1 be treated by the Class A palho1en n:quircmcnt.s as defined in Section I.B .3 .a. Pa1c 11 of Pan IV 3 . Manaecrnenl Pnctiua Either a label ahall be atfued ID lhe baJ or other con1.aincr io which acware aludee that ia .old or Jiven a11,·ay for aprlication 10 lhe land, or an information ahcct ahall be provided ID the penoo who rue ivea acwaee aludJe ,old or J iven away in an other con1.a iner for applicatioa IO the land . The label or information aheet ahall con1..a in the foUowin, informa1ioo : a . The name and addreu of the penon who prepared the ,cwa1e alud1e thal is sold or riven away in a baJ or Olher con1.aincr for appl ication IO the land . b . A 11.at.emenl that application of the acwaie aludJe ID the land ia prohibited except in accordance with the inslIUcLiona oo the label or information lbeel . c . The annual whole 1lud1e application n\e for the ,ewaee 1lud1e that will DOI cause any of the annual poUul&ot loadin, ntea io Table 4 above IO be excccdod . 4 . Nolilication Requirement&• Nooe. S . Recordkcepioi Requiremeota • The aludee documenta will be retained on 1i1e at the &arne location u other NPDES record,. The per,on who prepares acwaie 1lud1e or a acwa,ee aludJe material ahall develop the foUowinJ information and shall re1.a in the informat ion for five ye.an. a . The concentntion in the alud,ee of c.ecb pollul.lnt lille-d above io found in Element I, Section I, Table 1. b. The followini certification sl.alemcnt found io SQ3.17(aX6)(w). •1 certify , under penalty of law, lhat the manaiemcnt pncticea in §S03.14(e), the Class A patho,en requ irement in §S03.32(a), and the vec\or annctioo reduction requirement in (inscn vector anractioo reduction option) have been met. Thia det.ermination bu been made under my direction and wpervision in accordance with the system duirned 'IO ensure that qualified penonnel properly 1ather and evaluat.e the information used IO determine that the mana,eement p..-.cticca, patho,een requircmenu, and vector anraction reduction rcquiremcnu have been met: I am aware that there arc aiJnilicant penalties for false cenilication includin, the pouibility of fme and impri10nme111.•. • e . A description of bow the Clua A patho,en reduction requirements arc mel. d. A description of how the vector ■nnclioo reduction requirement& arc met. e. The ■Mual whole ,Judie application nt.e for the acwa,ec slud1e that doe1 not caus.: th~ annual pollul&nt loadioi rat.cs in Table 4 ID be excuded . Su Appendix A 'IO Part 503 • Pro.:edure to D.:t~m,in.: the Annual Whole Sludee Application Rate for a Sewa1e SludJc. 6 . ReportinJ Requircmenu • The pcrmillee shall report annually on the DMR the followinJ information : a . List Pe>llutant Table 4 appropriate _for rcrrniuce'a land application practice,. b . The frequency of monitorine listed in Element I, Section I.C . which applies to the pcrminee . c. Tox.ic ity Characteristic Lcachinz Procedure (TCLP) rcsulu (Pass/Fail). d . The concentration (mJ~ in the sludee of c.ech pollutant listed above in Table I (de lined as a monthly 1vera1c) foond in Element I, Section L e . Class A palhozcn reduction Alternative used as li st ed in Section I.B .3 .a. Altema1ivcs de s..:no~ how the p1tho,etn reduc tion rcqui_rcmc nu arc mc:t . f . Vector anracti o n reduction Alt~rnative used u li51ed in Se c tion I.B .4 . • ,e . Annual slud,ee produ,;tion in !IC)' metric tons/ye.er . h . Amount of sludzc land applied in dC)' metri c tona/ycar. SECTION I. Pare 12 of Pan IV i. Amount of aludie transpon.ed int.erstat.e in dry melric IOna/yu.r. j . The followin, certification IUt.emcnl found in I SOJ.17(aX6)(w) lhall be aruched IO lhe DMR.. •1 certify, uodcr peo.ahy of law, lhat lhe rnanaremcnl practice in ISOJ . I 4(e), !he Cina A pathorca rcquiremcnl in IS03 .32(a), and lhe ve.:10r allnclioo "-Cl~tioo rcquiremeot (iruen appropriat.e option) have been met. Thia delcrminalion has been made under my direclioo and ,uperviaion in accordance ,.,;lh lhe ayst.em deaiJoed IO ensure lhat qualified pe...onnc:11alhcr and cvaluat.e lhe infomu,lion uKd IO dci.ermine lhat lhe rnanaremcnl pnctice, palhoren rcquiremcnu, and ve.:10r allnction reduction requ iremcou have been mel. I am aware lhal lhere are aiJniftcanl penaltiea for falac certification includiD& lhe powl>iliry of fine and impri.onment. • ELEMEl'(T' 2-SURFACE DISPOSAL REOUIREMEl'ITS APPLYING TO ALL SEWAGE SLUDGE SURFACE DISPOSAL A. General RNJUiremeots I . The pennillce shall handle and dispoae of scware aludre in accordance wilh Seclioo '405 of lhe Clean Wat.er Act and all other applicable Feden.l rei'Jlaliona 10 prot.ect public beahh and lhe environment from any rcuonably ant.icipat.ed adverx elTecu due 10 any toxic polluunu which may be preaeal . 2 . If rcquiremcnl.s for aludJe manaeemcnt pnclicea or poTTul.aDI crit.eria b«omc more llrinrenl than lhe sludre poDut.aOI lirniu or accept.able rnanaremcnl pncticea in thia permil, or conlrOI a poDut.anl oot list.ed in thia perm.ii, lhia permil m&y be modified or revoked and rciuued IO coo!onn to lhe rcquiremeou promul1aled al Section '40S(d)(2) of lbe Clean Wat.er Act. 3. In all cue,, if the pcr,on (perm.it bolder) who prepare, lhe scware aludie 1Upplie1 lhe sewae~ 1ludee to anoehcr per,on (owner or open tor of a scwaie 1lud1e unit) for dispo11l io a a,rface disposal aiLe, the permit holder lhall provide all nece5$&ry infomu,tion 10 the parties who rueivc lhe 1lud1e IO assure compliance ·11,ilh lh~s.c rciula1ions . 4 . The pcnnince ahall rive prior notice 10 EPA (Chief, Pcrmiu Branch, Water Mana1cmcn1 Division, Mail Code 6W-P, EPA Rciion 6, 1445 Rosa Avenue, Dallas, Teua 75202) of any plaDDCd chan,ca in lhc Kwaic 1lud1c dispoaal practice, in accordance wilh '40 CFR Pan 122 .41 {l)(l)(iii). These cMn:ca may justify lhe application of permit conditions thal are different from or abscnl in the exillinJ permit. Chan:e in lhc &Judie us.: or cfisposal practice may be cause for modification of lhe permit in accordance wilh '40 CFR Pan 122.62(aXI). • .S . The pcnnince or owner/opentor shall submit a wrilkn cloaurc and post closure plan to the p~nnininJ authority ISO days prior 10 lhe closu~ dat.e . The plan shall include lhe followill& informatioc: (a) A discussion of how lhc leachate collection system will be opcnlcd and rnaintaiocd for thn:e year-5 a !\er the surface d isposal site cl<'~s if it has a lin.:r and leachale collcclion 1y1&cm. (b) A dcs.:riplion of th.: system used IO monitor continuously for methane 111 in the air in any llru.:turcs wilhin lhe surfa.:e disposal aite. The methane 111 concentration shall DOI exceed 2..S ,t of the lower explosive limit for mclhane • •. JU for "three ycara a ft.er the scwaie 1lud1e unit clotcl. A do: ription of the 1y1tcm us.:d 10 monitor for mclhane 1a1 in the air at the property line of the site shall be includc4. The methane ju concenlnlion al lhc surface dispor.al 1i1e property line lhall not exceed the lower exploaive lirnil for methane i" for three ycan after the sewage sludre unit cloaca . (c) A discussion of how public access to the JUr!ace dispoaal site will be restricled for three ycan aner it close,. B. :'>l :l.ll:l1?,emt'1ll Practices I . An a ctive sewage sludec unil lo<:ated within 60 mclen of a fault that bu displacement in Holocene li me shall close by March 22, 1994 . • 2 . An a.:tivc s.:wage sludg e unit localed in an unstable area shall clos.: by March 22, 1994 . 3 . An active scwarc sludee unit localed in a wetland, except u provided in a perm.ii ~ed pur5uanl to s.:ction 402 of lhe CWA, sh all close by March 22 , 1994 . Pa1e 13 of PU\ IV 4. Surface dilpoa&l ah&ll DOt re~l \be flow of \be buc 100-yuc Good . S. The ni!H>ff coUec:tioo ryaum foe &JI active 1e..,1,e IIIM!1e unit ah&ll b&vc \be capacity lO b&Ddlc IWl-<>rf Crom a 15- yc.ar, 24-bour IIOl'1ll cvcu. 6 . A food crop , fcod crop , oc a fiber crop llh&ll not be JT01VII oa • aurf.cc diapoa&l Ii.la. 7 . Animall abaU not be 1rued oo a aurfacc diap<>Ml .... I . PubU' acceu ab&ll be re~led oo lhe .ctive 1111rface cfu,poaal a.ilc ud for lhru ye.an 11\er \he ailc cloeu. 9. P\acerneol of 1ew11e alud1c ah&ll DOt colll.lminalc an aquifer . Thja ah&ll be dcmoDlllaled lhrouJh ooe of lba foUowuii : (1) Jluulu of a JTOWid -walcr monitorina propm developed by a qU&lified ,rouod·..,alcr acica&ut. (b) A certi6catioo by a qU&lific.d ,rouod•waltr acicDWll may be llac-d lO dcmoo.atnlc lh.al 1ew11e 111.ldJe placed oo ·u active 1ewa1e alud1e unit d~• DOt coot.urunalc an aquifet. 10 . 'Wbco I cover ia placed oo an active 1Urf1ce cfu,poaal ailc, lbe cooccDUatioo of methane 111 ill air in aoy IU\ICIW't within lhe .urface diJ,poa.al ailc ah&ll DOl cxccod 25 perc:cDI of lbc lower cxplo,ive limit for methaoc i" durina lba period !bat the 1ew11e alud1e wlil ia active . The cooceotntion of mclh&Dc 111 in air at the property lioc of the ,ur{au d iapoaal 1i1c ab..U DOl exceed lbc lower explotive limil for methane 1u durina lbe period !bat the 1ewa1e 1lud1e unit ia active . Moo.itorin& ah&ll be cooti.ouOIU. c. Testing Requiremeats 1. Scwa1e 1lud1e ah&ll be luted !Llill!!!!Jl'. ill Kcordance wilh the melbod apoc ificd at '40 CFR 261 , Appendix I (J'oxicity Ch&ncicrittic Luchini Procedure (TCLP)) oc o<hcr approved mclhod,." Slud1c ah&ll be teaed al\er fl.D&! \rut.mer:& prior lO lcavioi lbe P<:1TW liic . Sew11e 1ll.ld1c dcltnni.ocd lO be a haz.ard01U wuu ill accordance ..,ith 40 CFR Put :2.61, aball be bandied accordini IO RCRA suodanu for the diapoaal of b.uudoua wuu in "co~e wilh 40 CFi. Part 262 . The diapoaal of ,ewaae 1lud1e delcrmi.oed IO be a b&urdow wall&, in o<her than • certified b&urdoua wa.u diapoNI facility aball be probibilcd. The RCJlA Information M1.11&1emeD1 Section, 1.clcpbono oo . (:21-4) 6SS- 67SO, and lhe appropri&1c · .u1c •aeocy aball be notified of lcll failure within 2-4 houri. A ..,rinco report aball be provided lO lhi1 otr~c wilhin 7 clay, 11\er faif1111 lbe TCLP. The report will conlain lcll re,ul\.&, certificatioo· lhal unauthoriud diapoul b&a noc occurred and a 1U1tUDat)' of all.cmativc diapoaal pl.ana that comply 9'ith R.CJlA auod&rda for the d iapoa&l ofb&urdow waiu. The report aball be 1ddreued to : Di'"tor, Haz.ardou1 Wuu Mana1emer:a Divi,ion , EPA R.ca ion 6, Mail Code 6H , 1-445 R.oaa Avenue, Dalla ■, Tcxa, 752.02 . A copy of th i, report ahaU be aelll lO the Oucf, Enforcement BrLOCh, Waler Man.a1emclll Divi,ion, Mail Code 6W-B, al the wmc llZUI addre ■a. 2 . Scw•e• 1lud1e lhall be lelted al lhe frequenc y abow below in Elemeat 2 , Scclio11 I .D . for PC&. Any 1lud1e cx ceed illi a con.;enlntioo of SO mi/Ki ab..U DOl be .urface diapoeod. 3 . Palho1en Conlnll All acwa:e 1lud1e 1h11 ia diip<>ICd of in a 1Urf'ace dispoaal 1i1t ahall be lrcaled by eilber the Clau A or Clau B pathoae11 rcq uiNmenU unlcu ,..,..,,e alud&( u pla ce.cl on 10 active aurface diapoa&l t ile ud u c:overed wilh ·aoa oc other mtleri&l al ~ .end of each opcntilli day . When rcportifli on th e DMJl, lilt p1tho1eo reduction level 111.ti.ncd ia A,~. oc c · (da il y cover). V.'heo reportin& ~ compl iance wu me t, lilll Alicma~v• 1, 2, 3, -4, S or 6 for Clua A, or Alternative Number I, 2, or 3 foe Clau B, oo DMR.. • (a) Six 1l1emalive1 ■re 1v1 il1blc lo demoOlllt'lle comp liaoce with Clau A 1ew11e alud1e. All 6 all.cmalivca rcquiff either the denai1y o( (.:cal colifonn in the 1ew11c alud1e be leu than 1000 MPH per Jl'IJll of lol.al 10lid1 (dry wei1bt bui1), or the denaity of Salmonc!J a ■p . bacleri& in the 1ew11c aludJc be lcu 1h10 lhrcc Moat Probable Number pct four 1nm, of total tolida (dry wc i1h1 bui,) al the ti.me the acwaae alud1e u uoed or di.spoK,d ; 11 the time lhe acwaic 1lud1c i1 prepared for wlc or 1ivcn away in a baa oc o<hcr coouincr for 1ppl ic1tioo lO the Lu "'. B<:low arc lbe add itional rcquircmcnl.l °"caaary lo rnul the definition of a Clau A alud1e . A!1tro.ativca S and 6 arc oot authoriu.d IO dcmorutnle compliance wilh Clau A acw11c alud1c i..o Tex.a, pencil&. Al te rnat ive 1 • The le mpcratun: of the 1ew11e alud1c th.Ii, uacd or dispoeed ahaJJ be mai.nl.a ir.ed 11 a ap«ilic value for a pcnoJ of lime . S« 503 .32(a)())(ii) for ap«ific informalioo. Alternative 2 • The pH of the aew11e alud1c that iJ wed or diapoacd aball be railed 10 above 12 and ab.Ill remaiD above I 2 for 72 houn. The tc~Al>Jrc of lbc .. ..,,,c alud1c abal1 be above 52 dcJrK• Cclliu, foe 12 boun oe loaicr durui, !be period 1bal lbc pH of lbc ec..,a,c llud1c ia above 11 ." At the cod of lbc 71 hour period dunn, ..-hKb lbc pH of !be .. ..,,,, alud,c ii above 11 , the-••• 1lud1• abal1 be air dried 10 ach ieve a pcn;cot tolida in the tc..,a,c llud1c Jff&l.cr lbAn SO p.r,;ca. Ah.ernative 3 • The tcw11e 1lud1c lhall be analyz.od for cDleric vinleea prior 10 pa~ll \tcalmcot . Tbc limit foe cnt.cri c vinuu i, ooe Plaque-Connin, Unit per four JnJN o( IOW 1101id, (di)' w~,t>t buia) either before or foUowi.11& p1tho1cn U-UlmcDl. SM SOO .32(a)(S)(u) foe ~i6c infonnalioa. To. -as• tludr lhall be aG&lyz.ed for vi.able belminlh ova prior 10 palho1e11 \l'c.almcDl. The limit for viable bclminlh ova i, lcu th&A ooe per four fBm1 of IOW tolid, (dry ..,e i1h1 bui,) cilhcr before or followi.ni p11ho1c11 \tcaUDcDl. S.. SOO .32(•XS)(w) for ap«ilic in.formauoc . Ntcrnatin '4 • The deoaity o! eo1.cric vi.nuu in the -•r aludr lh&.ll be lcu lha.n ooc P\aquc,-formin, Unit per fOW" arama of IOu.l tolid• (dry ..,eiJht bui•) 11 lbc time lh• NO..,,,. alud,c i.a ueocl or lfl.lp09Cd oe 11 lbc time lhc 1lud,c ia • prepared for Kie or Jin ,..,,y in a baa or ocher coal&incr for app~tioa 10 1bc lud. The denaity of viable belmiDlh ova i..o 1bc -•ae alud1c abaU be lea, dwi ooe per four pma of IOl&l 1101.ida (dry w ci1ht bui1) at the time 1bc ecwaac 1lud1c i.a IUOCI or dilpoecd or 11 lbe time 1bc ecwa,c 1lud1e i, prcp&n>d for Kie or 1ivc away in a ba1 or ocher conLainer for applicatioa 10 !be lud. Alternative S -Sewa1c alud1e abA!l be lluLcd by ODC oflhc P'rocHtcl 10 Pul1bcr lled~ Patho,c111 (Pf'RP) de ■cn"bc,d in SOO Appcodix B . PFRh include co!llp(>lti.o&, be.at dryina, beat \tcat.mclll, and thcrmophilic aerob ic di1ell.ioa. Alternative 6 -Scw11e 1lud1e ahall be trc.aLcd by a pro<:cu that i1 oqu ivakot 10 a P'roceu to Further Reduce P1tho1ena , if individually approved by the Palho1e11 Bquivakncy Comminu rcprcacotiaJ lbc EPA. (b) Three 111.cmative, arc available to del'l')OIUlRi. compliaoc• wilh Clau B tewa1c alud,c . Altcmative, 2 and 3 arc not aulhoriud 10 demollltnle complilJllCc wilb C'1UI B acw11c alud1c i..o Tc:ua pcnnila. t,hcrnatjvc J • Ahematjve 2 • t,Jlernative 3 • t,Jternative '4 • (i) Seven random Mmple, of Ibo tcw11c 1lud1• ahaII be eoDcclcd for ooc moni10rui, cpitodc at the time the 1ewa1e 1lud1c i.a uecd or dupoeed. (ii) Tho 1oomet.m IM&JI o! lho dooait)' of fo<:al colilotm in ~ Mq>lc• coDo<:lcd lhalJ bc lc11 than eilhor 2,000,000 Motl Probabl• Number p.r 1nm o(IOC&l tolid1 (dry woi~hl b•li•) or 2,000,000 Colooy flonn.in& Ulliu per ,-nm o! IOl&l tolida (dry wciJht buil). Sewa1e 1lud1e ahall be treal.Od i..o one o( the P'roccaac1 10 tiJni(ic&Dlly Jleducc Patho,cna ducribod in SOO Appendix a. S<w11c 1ludjc ahall bc treal.Od i..o a proccu that i.a equ ivalent IO a PSRP, if ind ivid111lly approvod by the Patho1c n Bquivaleocy Commiau rcprcacntini Ibo EPA. Scwaic 1lud1e placod 011 111 active 111rf1cc di,poM! ,ite ia covered with 110il or Olber material at the end of uch operaun, day . ◄. Vector Attnctioo Reduction Requ ircmea&a Al l 1ewa1c ,ludJc that ia d iapotcd o( in a IRlrfacc diapoM! 1ite lhall be trc.aled by ooe o( the followi.oi altcrnativca I throup 11 fo r Vector Aunctio n Rcductioa. Alterna ti ve 1 • Altemativo 2 • Alurna li ve 3 • The mu, of volatile tolida io Ibo 1ewa1• 1lud1e ahall bo ~11ced by • minimum of3! pcn:ellL If Altcmativc 1 cUIOO( be met for an anacrobie&Jly di1e,tcd alud,c, dcmol\llntioo C&t1 be made by diicstina a portion of lbc prcvioualy di1cllled aludac anacrobie&Jly io the laboratory i..o a bcoch-tcale unit for -40 additional d&y, al a temperature bct,,,oco 30 and 37 dc11rcc• Cclaiua. Volatile tolid1 m 111t be ~uced by lcu 11:wi 17 pcn;eOI IO dcmoll.ltnte compl.wic4 . If Altcrnative 1 canoo( be met for III aerobically di1eated alud1e, demoDJtntio n C&Jl be made by diJ eat ini • portion o( the prcviou,ly di1cll.e<! 1lud1e with a pcrceDI tol.id, o f two pcrccDI or lcu aerobically in !he labora!Ofy in a beoch -tcale unit foe 30 ..Witiooal dly, 11 10 dc1rua Cclaiu,. Volati le t01id1 must bc reduced by leu lhan 15 pcn:cDl 10 delnOOIUIIC coq,li.aDc.c . Allcrnative 4 • Al ternative S • Alternative 6 • AJtcmalive 9 • Alternative 10 • Alternative 11 • Pare 15 of Pan IV 'Jbc IP"ific OXYJen upt&ke rate (SOUR) for ecwarc alud1c treated in an aerobic proeeu ahall be equal to or lcaa than 1.5 milli1rama of oxy1co per hour per 1ram of iotAI aolida (dry weiJht bans) at a 1empcra11.1rc of 20 dc1ru1 Cclaiua . 5c..,,,e 1lud1c ahall be treated io an aerobic proeeN for 14 days or lon,er. Durin, that lime , the temperature of the ecwa1e 1lud1e ahall be bi1her than 40 de1ree1 Celsiua and the avera1e lell1)Crature of the ecw11e 1lud1e shall be hi1her than 4S de1ree1 Celliu,. The pH of 1ewa1e alud1e shall be ra itcd to 12 or hiJher by alkali addition and , without the addition of more al.l::ali shall remain at 12 or biJher for two houn and then at 11 .5 or hi1her for an 1dditional 22 houn . 'Jbc pcrccDI aolida of Nwa1e alud1e that doea DOl coot&in unJUbiliz.ed aolida 1eoeni.d in a primary wutcwaler lreatmcDl proeeN ahall be equ&I to or 1ruter than 75 percent bated on the moi.iure content aod \olAl aolid1 prior to mixio: with other material,. Unslabiliz.ed aolid• an deliocd aa ortanic maleriala in aewa1e alud1c tbat have not been treated in either an aerobic or ao anaerobic treatmelll proccaa. 1bc pcrc:eol aolida of ecw11e alud1e that coot&ina un11.abiliz.ed aolida 1enented in a primary wastewater treatment proeeu aha!! be equal to or 1ruter than 90 percent bated on the moi5ture cootcnt and IOIAI aolid1 prior to mixin& with olher ma1eriala. Uos1.abilizcd aolid, are defined 11 orianic ma1eriall io ecw11e alud1e that have DOI been treatad in either an aerobic or an anaerobic treatment proeeu. (i) Scwa1e aludae shall be inje.cted below lbe surface of the laod . (u) No aianifieant amount of the ecwaae 1lud1e rhall be present on the land aurface with.in one hour al\cr the ecwa1e 1lud1e ia i.o,je.cled . (w) 'When acwa1e 1lud1e that ia inj~tcd below the aurface of the land ia ClaN A with resp«t to patho1ens, the acwa1e alud1e rhall be inje.cted below the land surface within ei1ht boun al\cr bcin, diaeharied from the patho1en treatment proecu. (i) Sewa1e 1lud1e applied IO the land surface or placed oo a ·aurface disposal aite shall be in.:orporated ioto tbe aoil with in ai.x houn al\cr application to or placement oo lbc land. (u) V.'hen 1ew11e 1lud1e that ia ineorpontcd into the aoil is Class A with respect to patho1ens, the sew11e 1lud1e ahall be applied to or pla.ed on the land within ei1h1 houn aft.:r bein1 di,.;ha11ed from the patho1en treatment proecaa . Scw11e 1Jud1e placed on an active acw11e 1Jud1e unit shall be covered with soil or olhcr mat.:rial at the end of each opcnlilli day . S. Methane Gas Control Within a Struewre On Sii. V.'h~n cover is pla ~ed on an active surface dispo_sal 1ite , the methane JU coneentntion in the air in any . strucwre ahall not excccd 25 % of th.: Jow~r explosiv ,: limit (LEL) for m~thane zas duri11£ the p.:riod that the disposal site is active . 6 . M~thanc Gas Control al Property Linc The conce ntrati on of methane zu in air al the property line o( the wrfa.:e disposal site shall not exceed th,: LEL for methane zu durinz the period that the disposal 1it.c is active . D. :\fonitorina Regui~eats Toxi cit y Charact.:rist ic Lca chini Procedure (TCLP) Test • Once/Year PC& • Once/Year ~!a th onc Gas in covered structures on site • Continuoua Meth ane Gas at p ro pcny line • Continuous Pase 16 of Pal\ JV All other pollutant.a ahaU be moniiored al lhe frequency ahowD below: Amounl of ecwaie 1lud1e• (metric tons per 365 day period) frequency 0 S Sludie < 290 Once/Yur 290 S Sludec < 1,500 1,500 S Sludie < IS ,000 15,000 S Sludie Once/Quan.er Once/Two Moo&ha Oncc/Monlh • Amount of a,ewaie 1lud1c placed OD an active a,eware aludre unit (dry weipt buu) . Repruent.ative sample, of a,eware 1lud1e ahall be colleeled aod analyz.ed in accordance with the mclhod1 rdercnccd in 40 CFR. 503.&(b). SECTION Il . I. Unit boundary 10 propcny line distance (met.en) 0 IO leu lhaD l5 25 10 less lhan SO SO 10 less lhaD 75 75 10 less lhan 100 100 to less lhan 125 125 to l.:ss lhan 150 ~ 150 -• Dry weii:ht bui1 REQUIREMENTS SPECIFlC TO SURFACE DISPOSAL SIT"ES WITHOlTT A LINER AND LEACHATE COLLECTlON SYSTEM . Pollutant lirniu • Seware ,Judie ahall not be applied l.o a 1t1rface cfispot,al 1it.c if lhe concentnlioD of lhe lilled pollutant, exceed the correspondin, values baaed OD lhe surface disposal sit.c bound&ry l.o the propel\y line disw,cc: TABLES follutant Concentration,• Ancnic Chromium Nickel PCB', ~ !m.&.!Y) -~ C!!!.t!tc) 30 200 210 49 34 220 240 49 39 260 270 49 46 300 320 49 53 360 390 49 62 ◄SO 420 49 73 600 420 49 2 . Manaiemcnt practices• Listed in Section J.B. above. 3. Notification rcquircrncnu • a. The pcrrnittu shall aswrc that lhe owner of lhc 1urf1cc disposal 1it.c provide wrincn notification l.o the subsequent sit.c owners that sewaie 1lud1c wu placed on the land . b. The pcrmince shall provide the location of all cxistifl& 1lud1e disposal/use sites to the St.ate Historical Commission within 90 days of the effective date of lhis permit. In addition, the pcnnittec shall provide the location of any new disposal/use site lo lhe St.ale Historical Commission prior 10 ux of the sit.c. The perminee shall within 30 days a!\.cr notification by lhe St.ate Historical Commission that a specific sludi~ disposal/use area will adversely a!Tect a National Historic Sile, cease use of such area. Pa1e 17 or Part IV 4 . Rccordkupia, rcquircmcnu • The pcrmiuec ahall develop !be followi.a, information and ahall relain lhe information for five yun. The alud1e docurncnu ..-ill be rclained oo ail.e 1t lhc Mme loc■tioo II Olber NPDES record,. 1 . The dillWICC of the 111rf1cc diapoaal ■ile &om lbe property line ud lhc coocentntioo (m1fK&) in lhe aludp of each pollul.lnt liflc4 above in Table S, 11 well II lhe 1pplic1ble pollulalll concentl"ltion critcria li.ud in Table S. b . A certi6c1tion ~tcrncnl Iha! 111 applicable rcquiremcnu (apccific ■lly tilled) have been met, and lh ■t lhe pcnnia.ec understand, that lhcrc arc •irni6caot pc11,1ltie1 for ralte ccrtif1c1tioa i.ncludinr fine and impriaonmcnt . Su S03 .27(a)(l)(ii) or S03 .27(1)(2)(u) 11 applicable IO the pennia.cca 1lud1e disposal activitic■. c . A dcacriptioo of how eilbcr lhc C'lua A or C\■ 11 B p ■lbo,en reduction rcquircrncru arc mcl, or whether aewaae alud1e placed oa a ,urface dilpOMI tile ii coverccl with aoil or other material ■t the end or each opcraun, day. d . A dcacriptioo of bow 1hc vcctoc 111nCtioa rcduclion rcquiremcnu arc met. c . Re,ulu of a 1roundwatcr monilOrifll pro,nm developed by I q111lified ,round-waler ■cicntill, or 1 ·,crtific11ioo by a qualified 1roundw11er acientilt m■)' be uted IO demonstnle th11 acw11c aludae placed on 1n active 1ewa1e 1lud1e unit doc, not conLarninatc ID aquifer. A q1111ificd 1roundw11er scientist is an individual with a bacc&l ■urutc or poll 1raduatc dc1ru in the natural science, or enrinurin, who hu 111fficient trainin, 1od experience in 1roundwatcr hydrotov ud rcl■leel field,, u may be dcmo.nstratcd by State RJilll"ltion, profe15ional certification or completioo of accredited univenily pro1ram1 , to make aound professional judaerncnu rc1ardi11& 1rouodw1tcr monitoriDJ , poDuunt (ale and transport, and corTCctive KbOCI. 5. Reportin, Rcquircmcnll • The penniu.ce wli report IJWllll)' oo lhc DMR the followin1 information: 1 . Report~ for oo liner and lcach11e collection sy9'Cm al 111rf,ce dispoaal lite . b. The frcque04')' of moni1orini liatod in EerncDI Il, Section I.D. which ■pplica 10 lhe perminu. c. Toxicity Chara~ieristic Lcachin, Procedure (TCLP) rc111lu (Pua/Fail). d . The concentration (rnrlK&) in the aludJe of each pollullot tilled in Table 5 ■s well u the applicable pollullnl concentration critcria listed in Table S. c . The conc:entralion (rnrlK&) of PCB'• in !he aludp. f . The di11ance between the propcny line and the 1111rl'1ce dispo11I site boundary. ,. Level o( patho1cn reduction achieved (Clu1 A or Cius :ID, unlcsa Vector al1raclion reduction allemative no . 11 i1 utilized. h . Lill Al1erna1ive uacd II listed in Section I .C .3.(a . orb .). Altcrnativu de&eribe how the pathoj~n reduction rcquircrncnu arc met. i. V eclOr aaraction reduction Alie ma live uacd as listed in Section l.C .4 . j. Annual aludjc production in dry metric wns/ycar. k. Amount of 1ludje surface disrosed in dry metric wnslyur. I. Amount of slud1e tr&nsponed intcrsutc in dry metric IOnsfyca.r. m . A narrative descriplivn cxplaini"i bow the mana1crncnt practices in !S03 .24 arc met r.hall be atlached IO lhe DMR. n . The certifica tion slltcn~nl lisltd in S03 .27(a)(l){ii) or 503 .27(1)(2){ii) as applicabk Iv th ,; p.:rmill<~s sludie disposal aclivi li<s, shall be att.1,hcd 10 the DMR. SECTION ID. 1. 2. 3 . Paic I I of Pan JV JlEOUIREMEITTS SPEC[f]C TO SURFACE DISPOSAL SITES WTrH A LINER AND LEACHATE COLLECTION SYSTEM, Pollutant limiu • Nooe. Manaiement Pnctice, • Lill\.e.d in Section I.B . above. Notification rcquiremenu • a. The pcnniau shall auurc that the owoer of lhe .urlace dispoaal 1i1c provide 1"'ritlen notification to the ,ubaequent owoer of the 1ile that aewaie 1lud1c wu placed oa the land . b. 'The pcnniau lhall provide the location of all cx.ilUJll lludse dispoaaVuae 1it.e1 to the Stale Historical Commiuioo within 90 day, of the etfoctivc dale of lhi, pcnnil. In addition, lhe penninu ah&II provide the location of any new disp05aVuac 1i1c to the St.ale Historical Commiuion prior to uac of the ai1.c . 'The pcnniau shall within 30 day, al\cr DOlification by lhc Stale Historical Commission that a 1p«i6c 1lud1e diapoaal/uae area will advel"ICly atfe<:l a Nation&! HilltDric Site, c:uae uac of n,ch area. •· R«ordkeepia, rcquiremenu • The pcnnitlce ahall d.evclop lhc followini infonnation and shall rcllin the infonnation for five ycan. The 1lud1e dcx:umcnu will be rclliocd on si1.c al the ume location u other NPDES ruord,. a . The followin, certification sut.emenl fouod in 503.27(aXl)(u): "I certify, under pcnahy of law, that the patho,eo rcquircmcnu (defioe oplion used) and the ve<:IOr at1nction reduction rcquiremenu (define option uaed) have been me1 . This determination hu been made under my direction and supervision in accordance with the 1ystem deairncd to ensure that qualified pcr50nnel properly 1•ther and evalua1c the information uaed IO det.ermi~ the (pathoren rcquircmenu and ve<:tor aunclion reduction requircmenu, if approprial.c) have been met. I am aware that there arc 1irnifican1 pcnaltie1 for false certification includin, the pouibility of fine and imp~sonmenl. • b. A deacription of bow either the Clase A or Class B pathoren reduction requirements arc met or ·whether acwaze aludze placed on a ,uriace dispo"'I tile i, coverc.d with soil or other material at the end of each opentin, day. c. A deacriplion of bow the Ve<:tor attnction reduction l'Ciuircmenl.l are met. d. Ruult.s of a iround-wat.er monitorin1 pro1nm developed by • qualified 1round-wa1cr acienti,l. A certifi~ation by • qualified 1round-w11cr acientiSI may be uaed IO demonstnte that ~w•ic sludg~ placed on an active aewa1e slud1e unit docs not conllrni11,1t.e an aquifer . 5 . Reportin1 Requirements• The perminee shall repol'I aMually on the DMR the following in(ormation: a. Report~ for liner and leachate collection 1y.icm al aurfa.:e dispoaal 1it.e. b . The frequency of monitorilli listed in Element 2, Section I.D. which •ppliu to the pcrminee . c. Toxicity Cbanct.eristic luchi~ Procedure (TCLP) resu!ts _ (Pua/Fail). d. The concenlnlion (m1/Ki) in the 1lud1e of PCB&. e. uvel of p1tho1en reduction achieved (Cina~ or Cius ID, unlesa Vector anraction reduction alternative no. 11 is uaod . f . List Ali.:mative used as listed in Se<:tion I.C .3.(a . orb.). Alt.emalivc1 deserib.: how the patho1en reduction requiremenu are met. I • Vector anraclion reduction Altunative used u listed in Section J.B.4. h . Annual sludge production in dry metric tons/year. i. Amount of 1lud1e surface disposed in dry metric tons/year. SECTION I. 1. 2 . 3 . Paic 19 of Pan JV j. Amouot of alud1c tnn,,portcd i.olcnui.c ill dry~ IOulycu. k . A oamtive dcecription cxplainin, bow lbc 1n&NJcmcnt pr1ctice1 i.a 1503 .24 arc met ahaU be aaachcd IO the OMR. I. A ccr\ifieation llltcmcnt thal all appliublc rcquircmcnll (■peci(ieally lilted) have bun met, and that the pennia.oc under■und1 that lbcrc arc 1i,ni(iean1 peNltiCI for falx cer\ification includin, fine and impri.onmcnt (Sec 503 .27(a)(l)(u) oc 503 .27(a)(2)(u) whichever applica IO the pcnninc.es 1lud1e disposal activitie1) ahall be aa.achcd IO the DMJl. ELEMENT' 3 • MUNICIPAL SOLID WASTE LANDFll.L DISPOSAL REOUIREMEITT'S APPLYING TO ALL SEWAGE SLUDGE DISPOSED IN A MUNICIPAL SOLID WASTE LANDFILL The pennitlU Mall handle and dispose of ■ewa1e alud1e in accord&nce wilb Section 405 of the Cle.an Water Act and all other applicable Federal rcrulation, IO prolec;t public: hullb and the environment from any reatoNbly anticipated advenc efT~u due lO any toxic pollu\lnU that may be prc ■elll . The penninc.c aha II ensure thal lhe scwa1c slud1e muu the rcquircmcnll in 40 CFR 258 cooecmin, the qu&lity of the slud1c disposed in the municipal .olid waau landfill unit. If requirement., for slud1e rNNJCmcnl practice ■ or pollutant crii.cria become more strinJ•nt than the 1lud1c pollutant lirniu or acceptable rNnaJemcnt pr1ctice1 in this pennit, or control a pollutant DOl listed in this pcnnit, this pennit may be modified or revoked and rciuued IO conform lO the requircmcnu promul1atcd 11 S«tion 405(d)(2) of the Clun Wal.er Act. If the pcnnitt« 1enera1.cs scwa1e slud1e and supplic1 that ■ewa1e alud1e lO the owner or operator of a MSWLF for disposal, the pcnnin« shall provide lO the owocr or operator of the MSWLF appropriate information occdcd to be in compliance with the provision, of this permit. -4 . The permin« shall 1ivc prior notice to EPA (Chief, Penniu Branch, Water Mana1cmcn1 Division, Mail Code 6W-P, EPA Re1ion 6, 1+45 Rou Avenue, Dallas, Texu 75202) of any planned chan,es i.a lbe scwa1e slud1e disposal. practice, in accordance with 40 £EB Pan 122 .4l(J)(l)(iii). These chan,es rNY justify the appfiealion of pennit condition, that arc different from or abscnl in the existin1 pennit. Chaoie in the slud1e use or disposal practice rNY be caus.: for modification of the pennit in acconlance wilb 40 CFR Pan !22.62(aXI). • S . The pennittee shall provide the location of all existinJ slud1e disposaVusc sites to the St.ate Historical Commission within 90 days of the effective cute or this pcnnit. In adJition, the penninu s.hall provid~ the location or any new disposal/use site to the Stale Historical Commission prior to use of the aii.c . The pcnninu s.hall within 30 days after notification by the State Historical Commission that a sr,:cific slud1e disposal/use area will advencly afT"t a National Historic Site, cusc use of aucb area . 6 . Sewa1e slud1e s.hall be tested annually in accordance with the method specified at 40 CFR 268, App<:ndix I (Toxicity Characteristic Luchini Procedure (TCLP)) or other approved methods. SludJc shall bc tested after final treatment prior to leavilli the POTW site . Sewa1e 1ludie detennined _lO be .a haz.ardous waste in accordance with 40 CFR Pan 261, shall be handled acconlioi to RCRA ■tandard, for the disposal of hu.ardou, wast.c in acconlance with 40 CFR Part 262. The disposal of scwa1e 1lud1c d,tennincd to be a bu.anlou, wute, in other than a certified haz.anlou• wast.: disposal facility shall be prohibited . The RCRA lnfonnation Mana1cment Section, t.:lcphonc no. (214) 655- 6750, and the appropriate st.ate a1ency ,hall be notified of test failure within 24 hours. A wrincn report shall be provid~d to this office within 7 days al\u failioi the TCLP. The report will contain test rcsuhs, certification that unauthorized disposal has not occurred and a summary of alternative disposal plans that comply with RCRA st.andanl1 for the disposal of hu.anlous waste . The report shall be addressed to: Director, Hazardous Waste Mana1ement Division, EPA Re1ion 6, Mail Code 6H, 144.S Rou Avenue, Dallu, Texas 75202 . A copy of thi, report shall be sent to the Chief, Enfon:cmcnt Branch, Water Mana1emcnt Division, Mail Code 6W-E, at the same street addrcu . 7 . Scwaic slud1e shall be tested as needed, or at a minimum , oncc/yeu in accordance with the method 9095 (Paint Fill.er Liquids Test) as dcllCribcd in 7.:st M,thods for Evaluatini: Solid Wastes, PbysicaVChernical Methods" (EPA Pub. No . SW-846). • ... Pa1c 20 of Part IV g . Recordkeep in, l"C(juircmeau • The permillec &hall develop the followina information and shall relAin the information for five ycan . a . Tbe deecription, includi.J'I& procedure, followed, aod rcaulll of the Paint F"iltcr Te.u performed. b . Tbe deecriplion, includ ioi procedure, followed, and reaulll of the TCLP Tc•. 9 . Reportin: l"C(juiremeoU • The permittcc ab.all report anoually oa the Diecbarie Moaitorina Report the followin, information : a . Rcaulll of the Toxicity Chancterillic Luchin& Procedure Tell conducl.ed on the 1lud1e IO be dispoaed (Pua/Fail). b . Annual 1lud1e production in di')' metric IOoal)'Mr . c. Amount of 1lud1e disposed in a municipal 101id wast.e landfill in di')' metric iooa/year. d. Amount of 1lud1e lnnsported intcrst.ate in di')' metric tooa/ycar. c . A certification that 1ewa1e 1lud1e mull the re(jUircmcnll in 40 CFR. 258 concemin1 the quality of the 1lud1e di,poaed in a munic ipal 101id waste landfill unit &hall be auached IO the DMR. APPENDIX B TNRCC Permit John Jull. Chairman ~ Reed. Ct,mMissio"n fCUY C&r-Mr. Cor,uiiJuk>ft,r Anthony C~. Exmti"" Dir•dor ' . -. . • . .. '• ' .. _ .. . • ·•-~:-,: TEXAS -NATUR&/~oooc~-:~ONSERVATION :CoMMISSION Proteclirt9 TuaJ bv R•du.cing alll/ Pr:sttrnJin; Pollution December 21, 199 3 Jeff cfvins, Attorney Susan G. Zachos, Attorney Kelly, Hart . & Hall.rr.a.n . 301 Congress, Suite 2000 Austin, TX 78701 RE: FORT WORTH CITY OF HIN/AfID; Permit No. 10494'-13 -~ Wade G~ City 100.0 · Fort Akins~ City _Atto~ney Steinberger, Assi~tant of ·Fort -Worth Throc)anorton .-' Worth, TX 76102 City Attorney Enclosed is a copy of the ref.e~nced·_ ~-~t ,f-or .;a wastewater. -Jre~tmerit facility issued pursuant to Chapter 26 of --·the-'J;'ex.a:s ·,Wat.er.<-Qaoe-'>.The ~pe.rn1it,~-was •::granted on Decelllber • 8, . . • . -. .. . . ~ 1993. ln order that compliance ~s . me~-:3 ~-• :_~t,tpi;-~ ·• ·requ.i~emen-E'5 ~ of,, the . waste discharge permit, self-reporting forms _:_an~·,: l:1J~-~t•~o~ • ~µ} ,d:~ ~-~~a.i::&.d .from the ~.Watershed Management Division. The rise (?f . any ol~_ae_lf f report.1ngf:forms' should be discon:t-inued ahd forms should not be filled out until -neia' ones ve r~ei-qed fr.om TNRCC: which will· reflect new monitoring requirements.· Fo:L further :::in,fprmat1on,. please contact Mary Taylor at (512) 463-8244 . When -a facility is placed ~in operation or goe.s-.i-~to a ,ne'W phase, the attac}:led .,Report of Progress of Construction . of .. Wastewater Tre~~t. :Facilities''. Form should ~:used. This for1n will advise TNRCC and the regional '.':of}tci}.~. -the • completion or placement in operation of proposed facilities in accordance with>the special .provision incorporated into -the permit. Sincerely, o/-14~,t?.&b Gloria A . Vasquez, Chief _Clerk GAV:ra cc: • TNRCC Regional Office 4 ~ •• Bonni~ Rubey, Staff Attorney, TNRCC Kerry D. Sullivan/Deborah Thomas, Hearings Examiners, TNRCC Grace Casstevens, Attorney; Casstevens & casstevens; 1601 Rio Grande, Suite 400; Austin, TX 78701 P.O . Box 13087 Austin, Texas 78711 -3087 512/90S-1000 Tex&• Natural R■•ourc ■ Con••rvation Com:ni••ion Attn: Enforcement Support Unit, Wat ■r•h•d Management REPORT or PROGRESS or CONSTRUCTION or WASTEWATER TR!:ATMENT FACILITIES Today' a Oat ■ -----------------,.-----------WQ....,,--,-------------Na.me o! Permitt•• Permit No. R••ponaibl• Official: ___________ ..,.,.. ______________ _ Name Ti.t • Phone Number Facilities are operational/a.re estimated to be operational Date (month/day/yeu-) The volume and phase in operation (Interi.m/Final)_._,......,,........----,..,...------- (million gallons per day) Operator of this facility will be Name Cl••• of Certificate _______ social Security Number ___ _ Employed by (.if applicable (Name of Operations Company) S.i.gnature TNRCC Enforcement Support Unit/Watershed Management/P.O. Box 13087/Austin, Texas 78711-3O87/Area Code 512 463-8244 1 TNRCC REGIONAL STRUCTURE Region Location 1 Amarillo 2 Lubbock 3 Abilene 4 Arlington 5 Tyte·r 6 El Paso 7 Odessa 8 SanAngelo 9 Waco 10 Beaumont 11 Austin 12 Houston :------~~ : : ; • I : - 13 San Antonio 14 Corpus Christi 15 Harlingen TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Stephen F. Austin State Office Building 1700 N. Congress Ave. Austin, Texas 78711 PERMIT TO DISPOSE OF WASTES under provisions of Chapter 26 of the Texas Water Code City of Fort Worth whose mailing address is P.O. Box 870 Fort Worth, Texas 76101 PERMIT NO. 10494-013 (corresponds to NPDES PERMIT NO. TX0047295) This minor amendment supersedes and replaces Permit No. 10494-013, approved September 09, 1993 and is reissued pursuant to 30 TAC 305.96(b). is authorized to treat and dispose of wastes from the Vi 11 age Creek Wastewater Treatment Facilities located southeast of the confluence of the West Fork Trinity River with Village Creek in Fort Worth, Tarrant County, Texas to the Lower West Fork Trinity River in Segment No. 0841 of the Trinity River Basin only in accordance with effluent limitations , monitoring requirements and other conditions set forth herein, as well as the rules of the Texas Natural Resource Conservation Commission ("Commission•), the laws of the State of Texas, and other orders of the Commission. The issuance of this permit does not grant to the permittee the right to use private or public property for ~onveyance of wastewater along the herein described discharge route. This includes property belonging to but not limited to any individual, partnership, corporation or other entity. Neither does this permit authorize any invasion of personal rights nor any violation of federal, state, or local laws -or regulations. It is the responsibility of the p-ermittee to acquire prop~rty •• rights as may be necessary to use the herein described discharge route. This permit and the authorization contained herein shall expire at midnight, September 9, 1998. ISSUED DATE: DEC 1 5 003 ATTEST:~ dO~ City of Fort Worth INTERIM EFFLUENT LIMITATIONS AND MONITORING REOUIREHENTS 10494-013 outfall Humber 001 1. During the period beginning upon the date of .issuance and lasting through the completion of the 144 HGD facility, the permittee is authorized to discharge subject to the following effluent limitations: The daily average flow of effluent shall not exceed 120 million gallons per day {HGD); nor shall the average discharge during any two-hour period {2-hour peak) exceed 196,000 gallons per minute (gpm). Eff] uent Cbaracterjstjc Oiscb~rge Limitations Minimum Self-Monjtorjng 8~gujrem~nts Daily Avg 7-day Avg Daily Max Single Grab Report Daily Avg. & Daily Max. mg/1 (lbs/day) mg/1 mg/1 mg/1 Measurement Frequency Sample Type Flow, MGD Report N/A Report N/A Continuous Totalizing meter Carbonaceous Biochemical Demand (5-day) 10(10, 008) 15 25 35 Daily Composite Total Suspended Solids 15(15,012) 25 40 60 Daily Composite Ammonia Nitrogen June -November 2(2,002) 6 10 15 Daily Compos 1te December -May 5(5,004) N/A Report 15 Daily Compos He Diaz i non Report{Report) N/A N/A Report One/month Grab 2. The effluent shall contain a chlorine residual of at least 1.0 mg/1 after a detention time of at least 20 minutes (based on peak flow), and shall be monitored daily by grab sample after the chlorine contact chamber . The permittee shall dechlorinate the chJorinated effluent to less than 0.1 mg/1 chlorine residual and shall monitor the effluent daily by grab sample after the dechlorination equipment. An equivalent method of disinfection may be substituted only with prior approval of the Commission. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be daily by grab sample. 4. There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. 5. Effluent monitoring samples shall be taken at the following location(s): Following the final treatment unit . 6. The effluent shall contain a minimum dissolved oxygen of 6 mg/1 and shall be monitored daily by grab sample*. * See Other Requirement No. 1, Page 8. Page 2 ~ i v, t w . ..,,, FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Outfall Number 001 1. During the period beginning upon the completion of the 144 HGD facility and lasting through the date of expiration, the permittee .1s authorized to discharge subject to the following effluent limitations: The daily average flow of effluent shall not exceed 144 mi .llion gallons per day (MGD); nor shall the average discharge during any two-hour period (2-hour peak) exceed 256,250 gallons per minute (gpm). Eff]yent Cbaracterj st ic Discbarge Ljmjtatjoos Mjnjmum Se]f-Moaitorjog 8egujrement~ Daily Avg 7-day Avg Daily Max Single Grab Report Daily Avg. & Daily Hax. mg/l(lbs/day) mg/1 mg/1 mg/1 Measurement Frequency Sample Type Flow, MGD Report N/A Report N/A Continuous Totalizing meter Carbonaceous Biochemical Oxygen Demand {5-day) 7 (8,407) 15 25 35 Daily Composite Total Suspended Solids 15(18,014) 25 40 60 Daily Composite Anvnonia Nitrogen June -November 2(2,402) 6 10 15 Daily Composite December -May 5(6,005) N/A Report 15 Daily Composite Diazinon Report(Report) N/A N/A Report One/month Grab 2. The effluent shall contain a chlorine residual of at least 1.0 mg/1 after a detention time of at least 20 minutes (based on peak flow), and shall be monitored daily by grab sample after the chlorine contact chamber. The permittee shall dechlorinate the chlorinated effluent to less than 0.1 mg/1 chlorine residual and shall monitor the effluent daily by grab sample after the dechlorination equipment. An equivalent method of disinfection may be substituted only with prior approval of the Conrniss1on. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily by grab sample. 4. There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. 5. Effluent monitoring samples shall be taken at the following location(s): Following the final treatment unit . 6. The effluent shall contain a minimum dissolved oxygen of 6 mg/1 and shall be monitored daily by grab sample*. * See Other Requirement No. I, Page 8. Page 2a -' DEFINITIONS ANO ST ANO ARD PERMIT CONDITIONS As reQuired by Title 30 Texas Administration Code IT AC) Chapter 305 certain reQulations appear as standard conditions in waste discharge permits. All definitions contained in Section 26.001 of the Texas Water Code shall apply to this permit and are incorporated herein by reference. Additional definitions of words or phrases used in this permit are used as follows: 1 . Flow Measurements a. Daily average flow• the arithmetic average of all determinations of the daily discharge within a period of one calendar month. The daily average flow determination shall consist of determinations made on at least four separate days. If instantaneous measurements are used to determine the daily discharge, the determination shall be the arithmetic average of all (nstantaneous measurements _taken during that month. Daily average flow determination for IntermIttent discharges shall consist of a mIn1mum of three flow determinations on days of discharge . b. Instantaneous flow • the measured flow during the minimum time reQuired to interpret the flow measuring device . c. 2-hour peak (domestic wastewater treatment plants) • the maximum flow sustained for a two-hour period during the period of daily discharge. Multiple measurements of instantaneous maximum flow within a two- hour period may be compared to the permitted 2-hour peak flow. d. Daily maximum flow • the highest total flow for any 24-hour period in a calendar month. 2 . Concentration Measurements ·a.· Daily average concentration • the arithmetic average of all effluent samples, composite or grab as required by this permit within a period of one calendar month, consisting of at least four separate representative measurements. When four samples are not available in a calendar month, the arithmetic average of the four most recent measurements or the arithmetic average (weighted by flow) of all values taken during the month shall be utilized as the daily average concentration. • b. 7-day average concentration • the arithmetic average of all effluent samples, composite ·or grab, within a period of one calendar week, consisting of at least three separate measurements. c. Daily maximum concentration • the maximum concentration measured on a single day, by composite sample, unless otherwise specified elsewhere in the permit . d. Fecal Coliform bacteria • the number of colonies per 100 milliliters effluent. 3. Sample Type a. Composite samp·le • a sample made up of a minimum of three effluent portions collected in a continuous 24- hour period or during the period of daily discharge if less than 24 hours, and combined in volumes proportional to flow collected no closer than two hours for domestic sewage. For industrial wastewater a composite sample is a sample made up of a minimum of three effluent portions collected in a continuous 24-hour period or during the period of daily discharge if less than 24 hours, and combined in volumes proportional to flow collected no closer than one hour . b. Grab sample • an individual sample collected in less than 15 minutes. 4 . Treatment Facility (facility) • wastewater facilities used in the conveyance, storage, treatment, recycling, reclamation and/or disposal of domestic sewage, industrial wastes, aoricultural wastes, recreational wastes, or other ·wastes including sludge handling or disposal facilities under the jurisdiction of the Commission. 5. The term ·sludge" shall mean the solids separated from wastewater by unit processes which have not been classified as hazardous waste, as defined in 30 TAC Chapter 31 2 . MONITORING AND REPORTING 1 . Self-Reporting 30 TAC §305 .125 ( 17) Monitoring results shall be provided at the intervals specified in the permit. Unless otherwise specified in this permit or otherwise ordered by the Commission, the permittee shall conduct effluent sampling and reporting in accordance with 30 TAC § §31 9 .4 • 319. 1 2. Test methods utilized shall be sensitive enough to detect the constituents at the Minimum Analytical Level (MAL). Constituents not detected shall be reported as • < (MAL value).· Unless otherwise specified, a monthly effluent report shall be submitted each month by the 20th day of the following month for each discharge which is described by this permit whether or not a discharge is made for that month. • Page 3 TNRCC 9193 30 TAC §305.125 120) As provided by State Law the perm,ttee is subject to administrative. civil and crimina l penalties. as applicable. for negligently or knowing v,otat1no the Clean Water Act, the Texas Water Code. Chapters 26, 27. and 28. and Texas Health and Safety Code, Chapter 361, including but not limited to knowingly making any false statement . on any report or document, falsifying, tampering with or knowingly rendering inaccurate any monitoring device or method reQuired by this permit or violating any other reQuirement imposed by state or federal regulations 2. Test Procedures Unless otherwise specified in this permit, test procedures for the analysis of pollutants shall comply with procedures specified in 30 TAC H 31 9. 1 1 • 31 9. 1 2. Measurements, tests and calculations shall be accurately accomplished in a representative manner . 3. Records of Results 30 TAC §305.125(11) Monitoring and reporting reQuirements are as follows: a. Monitoring samples and measurements shall be taken at times and in a manner so as to be representative of the monitored activity . b. Except for records of monitoring information reQuired by this permit related to the permittee·s sewage sludge use and disposal activities. which shall be retained for a period of at least five years (er !o.-:ger as reQuired by 40 CFR Part 503). monitoring and reporting records, including strip charts and records of calibration and maintenance, copies of all records reQuired by permit, and the certification reQuired by 40 Code of Federal Regulations §264.73(bll9l shall be retained at the facility site tor a period of three years from the date of the record or sample, measurement. report or certification. This period may be extended at the request of the Executive Director. c. Records of monitoring activities shall include the following: i. date, time and place of sample or measurement; ii. identity of individual who collected the sample or made the measurement. iii. date and time of analysis; iv. identity of the individual and laboratory who performed the analysis; v. the techniQue or method of analysis; and vi. the results of the analysis or measurement and Quality assurance/quality control records. The period during which records are reQuired to be kept shall be automatically extended to and through the final disposition of any administrative or judicial enforcement action that maybe instituted against the permittee. 4 . Additional Monitoring by Perminee If the permittee monitors any pollutant at the location(sl designated herein more freQuently than reQuired by this permit using approved analytical methods as specified above, all results of such monitoring shall be reported. The results of all analyses shall be included in the calculation and reporting of the values submined on the required monthly effluent report. Increased freQuency of sampling shall be indicated on the monthly effluent report. 5. Calibration of Instruments All automatic flow measuring and/or recording devices and/or totalizing meters reQuired by the permit for measuring permit limited flows shall be accurately calibrated by a trained person at plant start-up and as often thereafter as necessary to ensure accuracy, but not less often than annually unless authorized by the Executive Director for a longer period. Such person shall verity in writing that the device is operating properly and giving accurate results. Copies of the verification shall be kept at the ptan.t site for at least th.~ee years. • 6. Compliance Schedule Reports 30 TAC §305.125( 18) Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of the permit shall be submitted no later than 1 4 days following each schedule date to the appropriate regional office and the water Quality enforcement staff. 7 . Noncompliance Notification 30 TAC §305. 125(9) Unless specified otherwise, the permittee shall report any noncompliance which may endanger human health or safety to the Executive Director. Report of such information shall be provided orally (to the Regional Office) within 24 hours from the time the permittee becomes aware of the noncompliance. The Regional Office may require a written submission of such information [to the Regional Office and to the Enforcement Section of the Watershed Management Division) within five working days of the time the permittee becomes aware of the noncompliance. The written submission shall contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment; the period of noncompliance. including exact dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects . Page 4 TNRCC 9/93 Not withstand ing any of the above any noncompliance of daily average values w hi ch deviates more than 40% from ·the permitted effluent limitation shall be re0oned orally and in writi ng to t he R99iona I Office within 5 working days of becoming aware of the condition . Pursuant to this section, any exceedence of minimum . maximum and/or grab requirements shall be reponed in writing to the Regiona l Office within 5 working days of occurrence. 8 . Signatories to Reports 30 TAC §305. 125(14) All repons and other information reQuested by the Executive Direct or shall be signed by the person and in the manner reQuired by 30 TAC §305.128 (relating to Si gnatories to Reports). PERMIT CONDITIONS 1 . General a . 30 TAC §305 . 125(191 When the permittee becomes aware that it fa i led to submit any relevant facts in a permit application, or submitted incorrect information in an app li cation or in any repon to the Executive Director, it shall promptly submit such facts or informati on. b. This permit is granted on the basis of the information suppli ed and rep r esentations made by the perminee during the appl ication process, relying upon the accuracy and completeness of that information and those representations. After notice and opportunity for a hearing, this permit may be modified , suspended, or revoked, in whole or in part in accordance with 30 TAC 305.61 • 305.62, during its term for cause including but not limited to , the following : i. Violation of any terms or cond it i ons of this permit; ii. Obtain ing this permit by misrepresentation or failure to disclose fully alt re l evant facts; or iii. A change in any conditi on that requires either a temporary or permanent reduction or eli minati on of the authori zed d ischarge. c. 30 TAC §305 . 125(6) The perminee shall furnish to the Executive Director, upon request and within a reasonable t ime , any information to determine whether cause exists fo r amending, revoking, suspending or terminating the permit. The perminee shalt also furnish to the Executive Director, upon reQuest, copies of records requ i red by the permit. 2. Compliance a. -b. c. d . e . f . g. Page 5 30 TAC §305 .124 Acceptance of the permit by the person to whom it is issued constitutes acknowledgement and agreement that such person wilt comply with alt the terms and conditions embodied in the permit , and the rules and other orders of the Commission . 30 TAC §305 .125(1) The permittee has a duty to comply with alt conditions of the permit. Failure to comp ly with any permit condition constitutes a violation of the permit and the Texas Water Code or the Texas Soli d Waste Disposal Act, and is grounds for enforcement action, for permit amendment, revocation or suspension, or for denial of a permi t renewal application or of an application for a permit for another facility. 30 TAC §305 . 125(3) It shall not be a defense for a permittee in an en f orcement action that it would have been necessary to halt or r educe the permitted activity in order to maintain compliance with the cond itions of the permit. 30 TAC §305 .125(4) The permittee shall take all reasonab l e steps to minimize or prevent any discharge or sludge use or disposal or other permit violation which has a reasonable likelihood of adversely affecting human health or the environment . 30 TAC §305 . 125(8) Authorization from the Commission i s required before beginning any change in the per m ined fac il ity or activ ity that_ may result in noncompliance with any permit r equ irements. 30 TAC §305 . 125(15) A permit may be amended, suspended and reissued , or revoked for cause. The filing of a reQuest by the perminee for a permit amendment, suspension and rei ssuance, or termi nation, or a notification of planned changes or antici pated noncompliance , does not stay any permit condition. There shall be no unauthorized discharge of wastewater . For the purpose of this permit an unauthorized discharge is consi dered to be any discharge of untreated or partially treated wastewater which flows into waters in the state or whi ch exits the permittee's facil ity adjacent to waters in the state at any point not permitted as an outfall or otherwise defined in the Other Requ irements of this permit . Situations ·requ iring a temporary d iversion of wastewater around a unit or units to a permitted outfall for the purposes of maintenance or repair i s not a violati on of this permit as long as the wastewater complies with all other standards , terms and cond it i ons of this permit and pr i or notification is provided to the Regional Office. Not withstand ing the f oregoing , the Commission may require that an appli cati on be submitted for forma l authorization . TNRCC 9/93 h. The pe<mIttee is reQuired to notify in wri ting each patron of its responsib i lity to notify the Commission of unauthorized discharges in accordance with 30 TAC § 305. 1 25 (91 . • A patron is defined as any entity acting as a customer or waste conmbutor, separate from the permIttee, who maintains a wastewater collection system tor transport of their wastewater to the permittee' s facility . .J. Inspections and Entry a . b. 30 TAC §305 . 125(101 Inspection and entry shall be allowed as prescribed in the Texas Water Code, Chapters 26, 27 , and 28 , and Texas Health and Safety Code, Chapter 361 . The members of the Commission and employees and agents of the Commission are entitled to enter any public or private property at any reasonable time for the purpose of inspecting and investigating conditions relating to the quality of water in the state. Members, employees, or agents acting under this authority who enter private property shall observe the establi shment's rules and regulations concerning safety, internal security, and fire protecti on , and if the property has management in residence, shall notify management or the person then in charge of his or her presence and shall exhibit proper credentials. If any member, employee , or agent is refused the r ight to enter in or on public or private property under this authority, the Executive D irector may invoke the remed ies authorized in Texas Water Code Section 26. 123. Permit Amendment a . 30 TAC §305. 1 25(71 The permittee shall give notice to the Executive D i rect or pr ior to physical alterations or additions to the permitted facility if such alterations or additions would requ ire a permit amendment or result in a violation of permit requ irements . • b . Prior to any facility modifications, additions and/or expansions of a permitted facility that will increase the plant capacity beyond the permitted flow, the permittee must apply for and obta in proper authori zation from the Commission before commencing construction. c . 30 TAC §305.125(2) The permittee must apply for an amendment or renewal [180 days] prior to exp i ration of the existing permit in order to continue a permitted activ ity after the exp irati on date of the permit. Authorization to continue such activity will terminate upon the effective denial of said application. d . Prior to accepting wastes which are not described in the permit application or which would result in a significant change in the quantity or quality of the existing discharge, the permittee must report the proposed changes to the Commission. The permittee must apply for a permi t amendment reflecting any necessary • changes in permit cond itions, including effluent limitations for pollutants not identified and limited by thi s permit. e . Texas Water Code §26.029(bl After a public hearing, noti ce of which shall be given to the permittee, the Commission may require the permittee, from time to time, for good cause , to conform to new or add itional conditi ons. The Commission shall allow the permittee a reasonable time to conform to the new or additional conditions, and on app lication of the permittee , the Commission may grant additional time. 5 . Permit Transfer a. Pr i or to any transfer of this permi t, Commi ssion approval must be obtained . The Commission shall be noti fied, in writing, of any change in control or ownership of facilit i es authorized by this per m i t. Such noti fication should be sent to the Permit Application Team in the Watershed Management Division . b. 30 TAC §305 .125(131 A permit may be transferred only according to the provisions of 30 TAC §305.64 (relating to Transfer of Permits) and 30 TAC 305.97 (relating to Action on Application 'for Transfer). 6. Relationship to Hazardous Waste Activities This permit does not authorize any activity of hazardous waste .or solid waste storage, processing or disposal which requires a permit or other authorization pursuant to the Texas Health and Safety Code. .. 7 . Relationship to Water Rights Disposal of treated effluent by any means other than discharge directly to the waters in the state must be specifi cally authori zed in this permit and may requ i re a permit pursuant to Chapter 11 of the Texas Water Code . 8 . Property R i ghts 30 TAC §305 .125(16) A permit does not convey any property rights of any son:, or any exclusive pr iv ilege. 9 . Permit .Enforceabi li ty The ~onditions of this permit are severable , and if any provision of this permit, or the applicati on o f any provi sion of this permit to any c ircumstances, is hel d inva lid , the application of such provis i on to other circumstances, and the remainder of th is permit, shall not be affected thereby . Page 6 TNRCC 9193 OPERATIONAL REQUIREMENTS , . 2. 3. 30 TAC §305. 125151 The permittee shall at all times ensure that the facility and all its systems of collection, treatment, and disposal are properly operated . This would include the re9ular, periodic examination of wastewater solids within the treatment plant by the operator In order to maintain an appropriate Quantity and quality of solids inventory as described in the various operator training manuals and according to accepted industry standards for process control such as the Commission's "Recommendations for Minimum Process Control Tests for Domestic Wastewater Treatment Facilities.• Upon request of the Executive Director, the permittee shall take appropriate samples and provide proper analysis in order to demonstrate compliance with Commission rules. Unless otherwise specified in this permit or otherwise ordered by the Commission, the permittee shall comply with all provisions of 30 TAC §3, 2.1-§312. 13 concerning sewage sludge use and disposal and §319.21 • 319.101 concerning the discharge of certain hazardous metals. Domestic Wastewater Treatment facilities shall comply with the following provi sions: a . The permittee shall notify the Executive Director in writing of any closure activity or facility expansion at least 90 days prior to conducting such activity. b. Closure activities include those associated with any pit, tank, pond, lagoon, or surface impoundment regulated by this permit. c. As part of the notification, the permittee shall submit to the Municipal Permits Team in Austin, a closure plan which has been developed in accordance with the "Closure Guidance Documents" available through Record System Services for the Office of Waste Management & Pollution Cleanup . 4. •The permittee is responsible for installing prior to plant start-up, and subseQuently maintaining, adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures by means of alternate power sources, standby generators, and/or retention of inadequately treated wastewater . 5. Unless otherwise specified, the permittee shall provide a readily accessible sampling point and, where applicable an effluent flow measuring device or other acceptable means by which effluent flow may be determined. ' 6. The permittee shall remit an annual waste treatment inspection fee to the Commission as required by 30 TAC 305 (Subchapter Ml. Failure to pay this fee may result in revocation of this permit. 7. Documentation For all written notifications to the Commission required of the permittee by this permit, the perminee shall keep and make available a copy of each such notification, upon the same basis as self-monitoring data are required to be kept and made available. 8. Facilities which generate domestic wastewater shall comply with these provi sions; on-site domestic wastewater treatment facilities at permitted industrial are excluded . a. 30 TAC !305. 126 Whenever flow measurements for any domestic sewage treatment facility reach 75 percent of the permitted average daily flow for three consecutive months, the permittee must init:ate engineering and financial planning for expansion and/or upgrading of the domestic wastewater treatment and/or collection facilities. Whenever, the average daily flow reaches 90 percent of the permined average daily flow for three consecutive months, the perminee shall obtain necessary authorization from the Commission to commence construction of the necessary additional treatment facilities. In the case of a domestic wastewater treatment facility which reaches 75 percent of the permitted daily average flow for three consecutive months, and the planned population to be served or the quantity of waste produced is not expected to exceed the design limitations of the treatment facility, the permittee shall submit an engineering . report supporting this claim to the Executive Director of the Commission. If in the judgement of the Executive Director the population to be served will not cause permit noncompliance, then the requirement of this section may be waived. To be effective, any waiver must be in writing and signed by the director of the Watershed Management Division of the Commission or an authorized agent, and such waiver of these reQuirements will be reviewed upon expiration of the existing permit; however, any such waiver shall not be interpreted as condoning or excusing any violation of any permit parameter. b . Domestic wastewater treatment plants shall be operated and maintained by sewage plant operators holding a valid certificate of competency, at the required level as defined in 30 TAC 325. 1. c . The plans and specifications for domestic sewage collection and treatment works associated with any domestic permit must be approved by the Commission, and failure to secure approval before commencing construction of such works or making a discharge is therefore a violation of this permit and each day of discharge is an additional violation until approval has been secured. Page 7 TNRCC 9 !93 d. Permits for domestic wastewater treatment plants are granted subject to the r:,olicy of the Commission to encourage the development of area-wide waste collection . treatment and disposal systems. The Commission reserves the right to amend any dome;at1C wastewater permit in accordance with .applicable procedural reauirements to reQuire the system co ... ered by this permit to be inte9rated into an area-wide system. snould such be developed; to reQuire th~ delivery of the wastes authorized to be collected in, treated by or discharoed from said system. to such area-wide system; or to amend this permit in any other particular to effectuate the Commission's policy. Such amendments may be made when the changes reauired are advisable for water Quality control purposes and are feasible on the basis of waste treatment technolooy, enoineerino, fina_ncial, and related considerations existing at the time the chanoes are required, exclusive of the loss of investment In or revenues from any then existing or proposed waste collection, treatment or disposal system. 9. Facilities which oenerate industrial solid waste as defined in 30 Texas Administrative Code (TACJ §335.1 shall comply with these provisions: a. Any solid waste generated by the perminee, as defined in 30 Texas Administrative Code (TACJ §335. 1 (including but not limited to such wastes as garbage, refuse, sludge from a wastewater treatment or water treatment or air pollution control facility, discarded materials, discarded materials to be recycled, whether the waste is solid, liquid, or semisolid) must be manaoed in accordance with all applicable provisions of 30 TAC Chapter 335, relating to Industrial Solid Waste Management. b. Industrial wastewater that is being collected, accumulated, stored, or processed before discharge through any final discharge outfall, specified by this permit, is considered to be industrial solid waste until the wastewater passes through the actual point source discharge and must be managed in accordance with all applicable provisions of 30 TAC Chapter 335. c. The perminee shall provide written notification, pursuant to the requirements of 30 TAC §335.S(g), to the Corrective Action Section of the Commission's Industrial and Hazardous Waste Division informing the Commission of any closure activity involving an Industrial Waste Management Unit, at least 90 days prior to conducting such an activity. d . Construction of any industrial solid waste management unit requires the prior wrinen notification of the proposed activity to the Waste Evaluation Section of the Commission's Industrial and Hazardous Waste Division. No person shall dispose of industrial solid waste, including sludge or other solids from wastewater treatment processes, prior to fulfilling the deed recordation requirements of 30 TAC §335.5. e. The term ·industrial solid waste management unit· means a landfill, surface impoundment, tank, wastepile, container storage area, land treatment area, underground injection well, or other area where the processing storaoe, or disposal of solid waste occurs at a industrial wastewater treatment facility. f. The permittee shall keep management records tor all sludge (or other waste) removed from any wastewater treatment process. These records shall fulfill all applicable requirements of 30 TAC Chapter 335 and must include the following, as it pertains to wastewater treatment and discharge: i. Volume of waste and date(sl generated from treatment process; ii. Volume of waste disposed of on-site or shipped off-site; iii. Oate(sl of disposal; iv. Identity of hauler or transporter; v. Location of disposal site; and vi. Method of final disposal. The above records shall be maintained on a monthly basis and be available at the plant site for inspection by authorized representatives of the Texas Natural Resources Conservation Commissiqn for at least five years. 10. For facilities to which the requirements .of 30 Texas Administrative Code (TAC) Chapter 335 d·o not apply, sludge and solid wastes. including tank cleaning and contaminated solids for disposal, shall be disposed of · in accordance with Chapter 361 of the Health and Safety Code of Texas. Page 8 TNRCC 9/93 City of Fort Worth OTHER REQUIREMENTS 10494-013 1 . The Interim and Final effluent shal l contain a m,n,mum dissolved oxygen concentration of 6 mg/1 measured after the cascade structure and prior to entry in the receiving stream, except when the cascade structure is inundated as a result of high river stages. When the cascade structure is inundated the effluent shall contain a minimum dissolved oxygen concentration of 4 mg/1 measured prior to the cascade structure. 2 . This Category A facility shall be operated and maintained by a chief operator or operator in responsible charge holding a valid Class A certificate of competency issued pursuant to 31 TAC Chapter 325. All shift supervisors and other plant operators shall be certified in accordance with the provisions of the Chapter therein. r -J..o ,-I '1,-r I f-t. ~ > t<fvt_ 3 . By September 9, 199 the permi ttee sha 11 submit to the Texas -Natura 1 · Resource _ ·conservation Co1T111ission, Wastewater Permits Section, Watershed Management 'i~Division and the District Office of the Texas Natural Resource Conservation ~\<.c,;.¼<>--Corrmission a study that .investigates the possibility of substituting reclaimed . water for potable water. and/or freshwate,r _where ,JUC~" substitutton would ·be both appropriate and cost effective pursuant to Chapter 31 TAC Section 305.126(b). At a minimum , the study shall include: 5 . 6. a. a water supply and demand assessment for the area served; b. an inventory of potential areas where reclaimed water may be appropriately substituted for p6table water and/or freshwater; c. an inventory of potential uses of reclaimed water; d . an analysis of the market for reclaimed water and the conditions necessary to serve that market (eg. quantity, quality, selling price, distribution system); and e. a preliminary cost-benefit analysis for the treatment and use of reclaimed water compared with the continued use of potable water and/or freshwater, water supply augmentation, water conservation, and/or cost of treatment and disposal of treated wastewater. Forty-five (45) days prior to implementation of an :approved .,Use ~of.•Reclaimed Water program, the permittee shall provide written notice to ·the· Austin Office, Watershed Management Division, Enforcement Support Unit and District .Office of the Co11111ission .-The sampling and monitoring required under Chapter 31 TAC Section 310.10 to 310.13 shall be submitted by the 25th of each month. -. . The permittee shall notify the Austin Offjce, .Watershed Management D_ivision, Enforcement Support Unit and the District 4 Office of the Texas Natural Resource Conservation Commission in writing at least forty-five (45) days prior to the completion of the new facilities. • The permittee shall obtain approval from the Watershed Management Division, Plans and Specs Review Unit of an engineering report and/or plans and specifications that clea r ly show how the treatment system will meet the final permitted effluent limitations required on Page 2a of the permit prior to construct ion. By ownership, the permittee shall maintain a minimum buffer zone of 500 feet from lagoons with zones of anaerobic activity (eg. facultative lagoons) and 150 feet from a 11 other wastewater treatment pl ant structures or process units, excluding lift stations, to the nearest property line . Page 9 City of Fort Worth 10494-013 7. The City of Fort Worth sha 11 keep records of a 11 s 1 udges removed from the Village Creek Wastewater Treatment Plant digesters. The records shall include, at a minimum, the following information: i) Volume of sludge removed (in gallons) ii) Percent solids of sludge removed a. The City shall sample and analyze the sludge generated at the Village Creek Wastewater Treatment Plant in accordance to the Sludge Monitoring Schedule found below: Parameter Total Nitrogen Nitrate Nitrogen Anlnonia Nitrogen Phosphorus Potassium Cadmium Lead Zinc Copper Nickel pH Polychlorinated Biphenlys Sludge Monitorjng Schedule .!mill mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg Standard Uni ts mg/kg Sample Frequency monthly monthly monthly monthly month _ly monthly ·monthly monthly -monthly monthly ~nthly Two/year ,, A. Records of analytical results of the sampling performed shall be maintained on a monthly basis . and shall be reported to the Texas Natural Resource Conservation Commission in September of each year. AdcHtionally, any other analysis that may _ be performed ·on the sluqge (i.e. TCLP toxicity, priority _pollutant_s)_ ~-~-~11 ~~ maintained on a quarterly basis and -· shall -be ··· reported to the 1exas Natural •• Reso~r~e _"::Conservation Conrnission in September of each year. • B. Analytical procedures for sludge testing shall be in accordance with the extraction methods specified in Standard Methods for the Examination of Water and Wastewater and American Society of Agronomy's Methods of Soil • Analysis. Sludge test results shall be reported on a dry weight basis. 9. The · City of Fort Worth is authorized to dispose of sludge at the City-owned dedicated disposal site located approximately one mile north of the Village Creek Wastewater Treatment-Plant. The dedicated disposal site consists of a 156 acre "Sludge Only" landfill and sludge dewatering/processing equipment. The operation will include the landfilling of digested and dewatered sludge in a series of 60-foot deep, 7-foot diameter pierholes. Disposal practices shall be in accordance with the following requirements: A. Sludge shall be anaerobically digested prior to being transported to the dedicated disposal site. B. Sludge shall be dewatered prior to disposal in the pierholes. Page 10 City of Fort Worth 10494-013 C. The City shall keep records of the number of pierholes filled with digested and dewatered sludge. The records shall be maintained on a weekly basis and shall be reported to the Texas Natural Resource Conservation Co111T1ission in September of each year. D. The City of Fort Worth shall have recorded in the deed for the •sludge Only• landfill site that the land was used for dedicated land disposal for municipal wastewater sludges. E. The City shall maintain the seven existing groundwater monitoring wells outside the slurry wall. Groundwater from each monitoring well shall be analyzed according to the Groundwater Monitoring Schedule found below: Parameter Groundwater Elevation Total Nitrogen Nitrate Nitrogen Anrnonia Nitrogen Phosphorus Potassium Cadmium Lead Zinc Copper Nickel pH Polychlorinated Biphenlys Groundwater Monitoring Schedule 1!nill MSL,feet mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 Standard Uni ts mg/1 Sample Frequency One/3 months One/3 ':iionths One1/3 ~months ·One/3 ·months 0ne/3 months One/3 months One/3 months One/3 months 0ne/3 months One/J :months One/3 months 0ne/3 .months One/year F. Analytical procedures for groundwater testing shall be as specified in the • most current edition of Standard Methods for the Examination of Water and Wastewater. G. To ensure a representative data set, samples shall be taken such that the time between two consecutive samples is equal to at least one-half of the sampling frequency (i.e., quarterly samples shall have at least 45 days between consecutive samples). The date of each sample and its location shall be recorded and included in the monitoring report. H. ·Records of analytical . results of the sampling . performed shall be maintained -0n a quarterly basis ~nd shall be reported ~t6 the Texas Natural Resource Conservation Co11111ission in September of 'each year.~ 10. The City is also authorized to distribute sludge at the areas identified (See Attachment •A") for use as a soil conditioner. The City shall not distribute s 1 udge to the general public. Di stri but ion sha 11 be in accordance with the following provisions: A. Prior to distribution the sludge shall be; Page 11 i) Anaerobically digested fir a minimum of 15 days at a temperature of at least 95 F. ii) Anaerob i ca 11 y digested sludge sha 11 be dew a tered prior to stockpiling. City of Fort Worth 10494-013 iii) Digested, dewatered sludge shall be stockpiled for a period of at least six months. B. When sludge is applied to parkland, public access shall be restricted for a minimum of 30 days after application. c. A minimum buffer zone of at least 50 feet shall be maintained from sludge application areas to any residential property. D. Sludge disposal rates for sites where application of sludge occurs more than once every 10 years shall not exceed 10 tons dry solids/acre/year. Where application of sludge occurs less than once every 10 years, the disposal rate shall not exceed 35 tons dry solids/acre. E. The City shall keep records of all sludge distributed for use as a soil conditioner. The records shall include the following information: i) Volume of sludge distributed. ii) Date distributed and date applied to site. iii) Location and size (area) of disposal site. iv) Method of disposal (i.e. spread on surface, disced in, etc.). F. Sludge application methods shall be designed and managed to prevent the occurrence of nuisance conditions associated with the disposal areas. · 11. Should the City conduct any demonstration projects or pilot studies, the City shall notify in writing and receive approval from the Corrrnission and the Texas Department of Health prior to implementing and such project or study. 12. The permittee shall comply with the following sludge requirements: A. The permittee is authorized to dispose of the sludge at a co-disposal landfill or convnercial land application site _Qermitte{i by the Texas / Natural Resource Conservation Corrmission. The final disposal of sludge by land application on property owned, leased or under the direct control of the permittee is a violation of this permit with the exception of the 156 acre dedicated land disposal site and the sites identi'fied in Other Requirements Item No. 10. (See Attachment A). B. The permittee shall use only those sewage sludge disposal practices that comply with the federal regulations for landfills and solid waste disposal established in _40 CFR Part 257 and 258 and in . accordance with a 11 the applicable rules of the Texas Nat .ural Resource Conservation Corrmission. C. The permittee shall handle and dispose of sewage sludge in accordance with all applicable state and federal regulations to protect public health and the environment from any reasonably anticipated adverse effects due to any toxic pollutants which may be present. Page 12 City of Fort Worth 10494-013 D. If an applicable •acceptable management practice• or numerical limitation for pollutants in sewage sludge promulgated under Section 40S(d){2) of the Clean Water Act is more stringent than the sludge pollutant limit or acceptable management practice in this permit, or controls a pollutant not listed in this permit, this permit may be modified or revoked and reissued to conform to the requirements promulgated at Section 40S(d){2). In accordance with 40 CFR 122.41, one year following promulgation of the technical sludge regulations (40 CFR 503), the facility must be in comp 1 i ance with a 11 requirements regardless of whether the permit is modified to incorporate these standards. E. Sewage s 1 udge sha 11 be tested annually in accordance with the inethod specified in 40 CFR Part·•261,· Appendix II (Toxicity Characteristic Leaching Procedure) or other method, which receives the prior approval of the TWC. Sewage sludge failing this test shall be managed according to RCRA standards for generators of · hazardous waste, and the waste's disposition must be in accordance with all applicable requirements for hazardous waste processing, storage, or disposal. Following failure of any TCLP test, the management or disposal of sewage sludge at a facility other than an authorized hazardous waste processing, storage, or disposal • facility shall be prohibited until such time as the permittee can demonstrate the sewage sludge no longer exhibits the hazardous waste toxicity characteristics ( as demonstrated by the results · of the TCLP tests). A written report sha 11 be provided to both the Industri a 1 and Hazardous Waste Division of the Texas Natural Resource Conservation Commission and the District Manager of the appropriate TWC field office within 7 days after failing the Toxicity Characteristic Leaching Procedure Test (TCLP). The report shal 1 contain test results, certification that unauthorized waste management has stopped and a sunrnary of alternative disposal plans that comply with -RCRA standards for the management of hazardous waste. The report shall be addressed to: Director, Industrial and Hazardous Waste Division, Texas Natural Resource Conservation Conrnission, P. 0. Box 13087, Austin, Texas 78711-3087. In addition,~ the pennittee _shall_ __ prepare an · ann_~!J :· report on_ ·J~~-_results _of all sludge .'toxi cj ty_ .testing•: ~Th..i.L-lr)O~_l l':T.J!P.Ort ··_ s_h_c\_lJ...;l!~t-!.Y~i,tt.ed ---to the Austin . Office, .. Wate_rs~e.t .~ Management .J)iv_l,s_ion,_,..-Enforcement -.. Se_ction and the Oistr.ict Office .in Hay:of each year. F. Sewage Sludge Management Practices Page 13 i. Sewage s 1 udge, if. 1 and applied, sha 11 not be spread when soil is saturated, frozen or covered with ice, or during rain or when precipitation ·is imminent. • ii. Disposal of sewage sludge shall not cause a discharge to waters in the State, including groundwater or cause non-point source pollution of waters in the State. Sludge shall not be applied closer than 200 feet to any natural or artificial body of water. iii. Disposal of sewage sludge shall not cause or contribute to the taking of any endangered or threatened species of plant, fish or wildlife. iv . Disposal of sewage sludge shall not result in the destruction or adverse modification of .the critical habitat of endangered or threatened species. City of Fort Worth 10494-013 v. Sludge sha 11 not be app 1 i ed under provisions of this section on land within a designated 100 year flood plain. G. The pe r m1ttee shall give 180 days prior notice to the Executive Director of any change planned in the sewage sludge disposal practice. H. Pollutant limits for sewage sludge applied to food chain crops. Only sewage sludge that meet the following minimum requirements shall be applied to land used for the production of food-chai .n crops. Page 14 i. Cadmium -Facilities applying sol id waste on a site or within I meter (3 feet) of a site used for the production of food chain crops shall be in compliance with the following requirements. a. The pH of the sewage sludge and soil mixture must be 6.5 or greater at the time of each application for sludge containing cadmium concentrations greater than 2 mg/kg (dry weight). b. Annua 1 app 1 i cation rate for cadmium in . sewage s 1 udge shall not exceed 0.45 pounds per acre. c. Cumulative application rate of cadmium from sewage sludge for loils with a background pH of less than 6.5 shall not exceed 4.47 lbs/ac, unless the sludge-s·oil mixture is adjusted to a pH of 6.5 or greater. d. Cumulative application rate of cadmium from sewage sludge on soils with a background pH of greater than 6.5 shall not exceed the values listed in the table -0f _ Cumulative Metals Loadings in H. (ii) below. ii. Cumulative metals loadings of sewage sludge applied to land shall not exceed the tot a 1 amounts listed be 1 ow. If background soi 1 metals concentrations exceed the loadings listed below, land application of sewage sludge to food chain crops is prohibited: Metal Cumul~tive Metals Loadings (in kg/ha (lbs/acre)) Soil Cation Exchange Capacity (meq/100 g) 0-5 5-15 +15 Cadmium 5(4.4) 10(8.9) 20(17.8) Copper 140(125) 280(250) 560(500) Lead 560(500) 1120(1000) 2240(2000) Nickel 140(125) 280(250) 560(500) Zinc 280(250) 560(500) 1120(1000) City of Fort Worth 10494-013 iii. Polychlorinated Biphenyls (PCB's) Sewage sludge used for producing animal feed (including pasture crops) shall be incorporated into the soil when PCB concentrations are equal to or greater than 10 mg/kg dry weight. Sewage sludge with PCB concentrations greater than or equal to SO mg/kg dry weight shall not be land applied. I. Pathogen Contro 1 Page 15 i. Sewage sludge or septic tank pumpage that is applied to the land surface or incorporated into the soil shall be treated by a Process to Significantly Reduce Pathogens (PSRP) prior to application. Processes to significantly reduce pathogens are aerobic digestion, air drying, anaerobic digestion, composting, lime stabilization and other approved methods as defined at 40 CFR Part 257, Appendix II. Public access to the facility shall be controlled for at least 12 months. Grazing by animals whose products are consumed by humans shall be prevented for at least one month. ii. Sewage sludge or septic tank pumpage that is applied to the land surface or incorporated into the soil shall be treated by a Process to Further Reduce Pathogens (PFRP} prior to application or incorporation, if crops for direct human consumption are grown within 18 months subsequent to application or incorporation. Processes to further reduce pathogens are composting, heat drying, heat treatment, thermophilic aerobic digestion and other approved methods. Such treatment is not required if there is not contact between the solid waste .and the edible portion of the crop. However in _this case the solid waste shall be treated by a PSRP, prior to application. Public access to the facility shall be controlled for at least 12 months. Grazing by animals whose products are consumed by humans shall be prevented for at least 1 month. If crops for direct human consumption are not grown within 18 months of application or incorporation, the requirements of I.(i) apply. iii. The permi ttee sha 11 ensure that a 11 1 andowners accepting sewage sludge which does not meet PFRP shall restrict public access on sludge treated land for twelve (12) months and prohibit grazing by animals whose products are consumed by humans for at least one month. City of Fort Worth 10494-013 J. For all land application sites the permittee shall monitor soil and sewage sludge as follows: Page 16 Monitoring Reauirements Measurement Frequency Soil-Sludge Parameter s.ill. Sludge Mixture pH (S. U. )* Baseline 1/month 1/year Cation Exchange Capacity (meq/100 g)** Baseline N/A I/year Total Cadmium(mg/kg)*** Baseline 1/month 1/year Total Zinc (mg/kg)*** Baseline 1/month 1/year Total Lead (mg/kg)*** Baseline 1/month I/year Total Copper (mg/kg)*** Baseline 1/month I/year Total Nickel (mg/kg)*** Baseline 1/month I/year Potassium (mg/kg) Baseline I/month 1/year Phosphorus (mg/kg) Baseline I/month I/year Anvnonia Nitrogen(mg/kg) Baseline 1/month 1/year Total Nitrogen (mg/kg) Baseline . 1/month 1/year Nitrate Nitrogen(mg/kg) Baseline I/month 1/year Total PCBs (mg/kg)**** Baseline 2/year 1/year * Soil pH and sludge pH shall be analyzed by the electrometric method in "Test Methods for Evaluating Solid Waste", EPA SW846, 40 CFR 260.11. Method 9040 is appropriate for determining pH. Samples shall be taken to the depth of cultivation or solid waste placement, whichever is greater .. ** *** **** Cation exchange capacity (CEC} for soil shall be sampled at the depth of cultivation or soil waste placement, whichever is greater, and analyzed by the sunvnation method for distinctly acid soils or the sodium acetate method for neutral, calcareous or saline soils in "Test Methods for Evaluating Solid Waste", EPA SW846, 40 CFR 260.11. Methods 9080 and 9081 are appropriate for determining CEC. The correct method is determined by soil type. Analysis for metals in sludge and soil shall be performed according to methods outlined in "Test Methods for Evaluating Solid Waste•, EPA SW846. Method 3050 shall be used for the determination of total metals in the $1udge and soil-sludge .mixture. Method 3540 or 3550 shall be used for the extraction of PCBs from the sludge ·and soil, as appropriate. Methods 3620, 3640, and/or 3660 shall be used for the cleanup of the extract for PCB analysis. Method 8080 shall be used for the analytical determination of PCBs in the sludge and soil. City of Fort Worth 10494-013 K. Reporting Requirements The permittee shall keep records of all sludge disposal activities. Such records will include the following information: i. Amount of sludge disposal dry weight (tons or, if land applied, lbs/acre} at each disposal site. ii. Oate(s} of disposal. iii. Identity of hauler(s}. iv. Location of disposal site(s}. v. Method of final disposal. vi. Owner of disposal site. vii. Texas Natural Resource Conservation Cormiission permit number. viii Toxicity Characteristic Leaching Procedure Test: Pass/Fail. ix. Level of disinfection attained PSRP or PFRP and a description of all treatment processes used to achieve PSRP and/or PFRP. x. Land usage to which sewage sludge has been applied, including type of crop grown. xi. Measurements of the required parameters listed in J. above for each soil, and sewage sludge and soil-sludge mix tested. xii. Annual and cumulative loadings of metals applied in lbs/acre for each site. xiii Maximum cadmium loading al.lowed (soil pH and ·CEC dependent} and cumulative amount applied in lbs/acre. xiv. Maximum loading allowed of Copper, Lead, Nickel and Zinc (soil pH and CEC dependent} and cumulative amount applied in lbs/acre for each metal. xv. PCB concentration in sludge in mg/kg. _The above records shall be maintained on a monthly basis and shall be reported to the Austin Office, Watershed Management Division, Enforcement -Section ancf the~'Di strict Office in September of each year. The permit tee shall maintain the above records for five years and they shall be made available to the Texas Natural Resource Conservation Cammi ssi on upon request. 13. Chronic toxic criteria apply at the edge of the m1x1ng zone. The mixing zone is defined as 300 feet downstream and 100 feet upstream from the point of discharge. 14. The Toxicity Identification Evaluation conducted by the permittee indicates that Oiazinon is the primary cause of toxicity in the effluent. Therefore, the ·permittee sha 11: a. b. c. r, Page 17 Implement a public education and awareness campaign to control the introduction of Oiazinon into the wastewater collection system. Within 90 days of permit issuance the pe _rmittee , shall submit a detailed plan describing the activities it will pursue to achieve this objective. Conduct an investigation into possible sources of Oiazinon and submit progress reports on a quarterly (calendar} basis. Pursue the adoption of ordinances or other enforceable prohibitions to control Oiazinon. The permittee shall submit quarterly progress reports describing the steps it has taken pursuant to this provision. City of Fort Worth 10494-013 d. Design and implement a program to monitor influent and effluent for Diazinon to evaluate the effectiveness of the actions required in dcv\c..-a.-c. above. Within 90 days of permit issuance the permittee shall submit a detailed plan to achieve this objective. All reports required by this section shall be submitted to Toxicity Evaluation Team, Environmental Assessment Division. The Executive Director will not pursue fonnal enforcement action against the pennittee or involuntary permit amendment to add toxicity or numeric limitations for Diazinon to the permittee's wastewater discharge permit for a period of three years from the permit initiation date unless: a. It is determined that the source of Oiazinon is not ubiquitous and is originating from identifiable sources which the pennittee is not adequately controlling, or b. The Executive Director determines that the permittee is not complying with the deadlines specified in this agreement or that the permittee is not proceeding with due diligence in implementing the programs . required herein. Upon periodic review of the effectiveness of the above procedures, the Executive Director may formally reconvnend to the Commission any necessary modifications to this requirement. ., Page 18 City of Fort Worth 10494-013 'HRONIC BIOMONITORING REQUIREMENTS: FRESHWATER a. The provisions of this section apply to Outfall(s) 001. b. The permittee shall test the efrluent for toxicity in accordance with the provisions in this section. Such testing will determine if an effluent sample dilution adversely affects the survival, reproduction, or growth of the appropriate test organism. Toxicity is herein defined as a statistically significant difference at the 95% confidence level between the survival, reproduction, or growth of the appropriate test organism in a specified effluent dilution and the control ( 0% effluent). Lethality, a component of toxicity, is herein defined as a statistically significant difference at the 95% confidence level between the survival of the appropriate test organism in a specified effluent dilution and the control {0% effluent). Significant nonlethal effect, a component of toxicity, is herein defined as a statistically significant difference at the 95~ confidence level between the reproduction or growth of the appropriate test organism in a specified effluent dilution and the control (Or. effluent). The permittee shall initiate the followin_g series of :tests within 60 days of the effective date of this permit. The toxicity tests specified shall be conducted once per quarter. All test organisms, procedures, and quality assurance requirements used shall be in accordance with •short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms ( EPA 600/4-89/001) •, or the most recent update thereof if not specifically addressed in this language. The TWC may require the permittee to repeat a test, including the control and all effluent di 1 ut ions, if the . test acceptability criteria, procedures, and quality assurance requirements defined in the test methods or in this permit are not satisfied. The following test shall be used: 1) Chronic static renewal survival and reproduction test using Ceriodaphnia dubia (Method 1002.0). This test should be terminated when 60% of the surviving females in the control produce three broods. c. Five dilutions in addition to an appropriate control {0% ·effluent) shall be used in the toxicity tests. These effluent concentrations shall be 30%, 40%, 54%, 72% • and 96%. Low-flow effluent concentration · (crftical dilution) is defined as 96% effluent. If more than 20% of the test organisms in any control die, the toxicity test, including the control and all effluent dilutions, shall be repeated. d. The samples shall be collected at a point following the last treatment unit. Dilution water used in the toxicity tests shall be the receiving water collected at a point upstream but as close as possible to the discharge point. Page 19 City of Fort Worth 10494-013 If the receiving water is unsatisfactory as a result of preexisting instream toxicity, the permittee shall substitute synthetic dilution water for the receiving water in the retest required in item c. provided the following stipulations are met: (a) (b) (c) (d) a synthetic dilution water control was run in addition to the receiving water control; the synthetic dilution water had 20% or less mortality, whereas the receiving water control had greater than 20% mortality, or the mean number of Ceriodaphnia dubia neonates produced per surviving female in the receiving water control (0% effluent) was less than 15, or the mean weight of the surviving fathead minnow larvae in the receiving water control (0% effluent) was less than 0.25 mg per larva; the permittee submits all test results indicating receiving water toxicity with the report and information required by items i. and j. below and the Biomonitoring Report Forms for the reporting period; and the synthetic dilution water shall have a pH, hardness, and alkalinity similar to that of the receiving water provided the magnitude of these parameters will not cause toxicity in a synthetic dilution water control that has been formulated to match the pH, hardness, and alkalinity naturally found in the receiving stream. The permittee may substitute other appropriate dilution water with chemical and physical characteristics similar to that of the receiving water if approved by the permitting authority. Syn th et ic dilution water may be used in all subsequent tests for both test species provided all of the above stipulations are met. e. A minimum of three flow-weighted 24-hour composite samples representative of dry weather flows will be collected from Outfall (s) 001. A 24-hour composite sample consists of a minimum of twelve {12) effluent portions collected at equal time intervals and combined proportional to flow or a sample continuously collected proportional to flow over a 24-hour operating day. The maximum holding time for any effluent sample shall not exceed 72 hours. The toxicity tests must be initiated within 36 hours after collection of the last portion of the first 24-hour composite sample. Samples shall be chilled to 4 degrees Centigrade ~ during collection, shipping, and/or storage. The sample shall not be dechlorinated in the laboratory. f. The permittee shall prepare a full report of the results according to the report preparation section of "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms (EPA 600/4-89/001)". This full report must be submitted with th~ biomonitoring test results. Page 20 City of Fort Worth g. The results of this permit. Environmental Division. 10494-013 all required toxicity tests -shall be reported on Table 1 of Table 1 reports shall be submitted to the Research and Assessment Division of the Environmental Assessment h . The biomonitoring test results are due on or before April 20th, July 20th, October 20th, and January 20th, for biomoni tori ng conducted during each calendar quarter. ,.. Page 21 City of Fort Worth 10494-013 24-HOUR ACUTE BIOMONITORING REQUIREMENTS: Freshwater a. The provisions of this section apply to outfall(s) 001 The permittee shall conduct a separate toxicity test for each outfall iisted. b. The permi ttee sha 11 test the effluent for 1 etha 1 i ty in accordance with the provisions in this section. Such testing will determine if an effluent sample meets the Surface Water Quality Standards (31 TAC§ 307.6 (e)(2){8)) of greater than S~ survival of the appropriate test organisms in 10~ effluent for a 24 hour period. The toxicity tests shall be conducted twice per year. All test organisms , procedures, and qua 1 i ty assurance requirements used sha 11 be 1 n accordance with •Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (EPA/600/4-90/027) •, or the most recent update thereof, if not specifically addressed in this section. The TWC may require the permittee to repeat a test, including the control and all effluent dilutions, if the test acceptability criteria, procedures, and quality assurance requirements defined in the test methods or this pennit are not satisfied. The following tests shall be used: 1. Acute 24-hour toxicity ·,test ~si.ng Daphnia pu1ex :. A m1n1mum of four (4) replicates with a minimum of five (S) organisms per replicate shall be used for this test. 2. Acute 24-hour toxicity test using the . Fathead Mi~now (Pimepha7es prome7as). A minimum of four _{4) replicates with a· minimum of ten (10) organisms per replicate shall be used for this test. c. In addition to an appropriate . control (0% effluent), a 100% effluent concentration shall be used in the toxicity tests. The control and/or dilution water shall consist of a standard, synthetic, moderately hard, reconstituted water. If more than 10% of the test organisms in any control die, that test, including the control and all effluent dilutions, shall be repeated. If the biomonitoring, required by the Other Requirements: Chronic Biomonitoring Requirements Section, dilution series includes a 10~ effluent concentration, the results from those tests may fulfill the requirements of this section. (Survival at the 24 hour period will be evaluated. for compl ·iance with this section.) .... ·• ... --. - d. One flow-weighted 24-hour composite sample representative of dry weather flows will be collected from Outfall(s) 001. The 24-hour composite sample consists of a minimum of twelve (12) effluent portions collected at equal time intervals and combined proportional to flow or a sample continuously collected proportional to flow over a 24-hour operating day. The toxicity tests must be initiated within 36 hours after collection of the 24-hour -composite sample. Samples shall be chilled to 4 degrees Centigrade during collection, shipping, and/or storage . Pag e 22 City of Fort Worth 10494-013 The sample shall be dechlorinated in the laboratory prior to installation of dechlorination facilities. However, upon operation of dechlorination facilities the sample shall not be dechlorinated in the laboratory. e. If any toxicity test at the IO~ effluent concentration demonstrates 50% or greater mortality, the pennittee shall conduct three (3) additional tests (retests) for each species that demonstrates this mortality, and report these results to the Research and Environmental Assessment Section of the Environmental Assessment Division. Five dilutions in addition to an appropriate control (0% effluent), as specified in item c., shall be used in the three (3) retests. These effluent concentrations sha 11 be 6%, 13o/., 251., Sor. and 100%. The first retest shall be conducted within 15 days of the laboratory determination of 50% or greater mortality. The retests shall be conducted once per week for three (3) weeks and all retests shall be completed within forty- five (45) days. If one of the retests indicates 50% or greater mortality at the 1001. effluent concentration, or if the pennittee demonstrates, using toxicity characterization studies and/or chemical analyses (including the use of the pennittes's existing toxicity data), that diazinon is the primary cause of this toxicity, the permittee may suspend additional retesting for this period and shall notify the TWC in writing within five (5) days. If diazinon is found to be the primary cause of toxicity, the pennittee is exempted from compliance with demonstrating greater than Sor. survival of the appropriate test organism in 100% effluent after a 24 hour period within three (3) years and shall continue testing at the frequency required in item b. If none of the retests indicates 50% or greater mortality at the 100% effluent concentration, the pennittee shall continue testing at the frequency required in item b. Within thirty (30) days after submitting the test results which demonstrate 50% or greater mortality at the 100% effluent concentration, the pennittee shall submit to the TWC a general outline for initiating a Toxicity Reduction Evaluation (TRE). ·The outline shall include, but not be limited to a description of project personnel, a schedule for obtaining consultants (if needed), a discussion of influent and/or effluent data available for review, a sampling and analytical schedule, and the proposed TRE initiation date. Within ninety (90) days after initiating the TRE, the permittee shall submit a specific detailed plan and schedule for performing the TRE. The TRE plan shall describe the approach and methodo 1 ogy to be used in performing the TRE. The TRE shall be designed to determine .the general cause of toxicity, to determine possible action to eliminate or reduce the toxicity, and to develop-a corrective action schedule. The pennittee is required to implement the TRE with due diligence and shall submit quarterly summaries to the TWC Wastewater Penni ts Section concerning the progress of the TRE. The quarterly sunvnari es are due on or before April 20th, July 20th, October 20th, and January 20th. The permi ttee sha 11 demonstrate greater than 50% survi va 1 of the appropriate test organism in 1001. effluent for a 24 hour period within three (3) years from the date of completion of the test that confirms Sor. or greater mortality at the 100% effluent. Page 23 City of Fort Worth 10494-013 f. g. The permittee shall continue biomonitoring quarterly (as a m1n1mum during the TRE, using the most sensitive species unless, after initiating the TRE, the effluent ceases to induce 5~ or greater mortality in the 10~ effluent concentration for four (4) consecutive weeks with at least weekly sampling and testing. Such evidence shall be submitted to the TWC with a statement of intent to cease the TRE. The permittee may discontinue the TRE requirements and continue with the testing as required by this section. Based upon the results of the TRE and proposed corrective actions, this permit may be amended to change the bi omon i tori ng requirements, and to require a compliance schedule for implementation of corrective actions and/or permit limits upon completion of the TRE . The permittee shall prepare a full report of the results according to •Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (EPA/600/4-90/027)" or the most recent update DoA u thereof. This full report must be submitted with the first hiomonitoring test~ results, but need not be submitted for subsequent testing unless requested. The full report shall be retained for three (3) years at the plant site. The results of all required toxicity tests shall be reported on Table 2 of this permit. Table 2 reports shall be submitted to the Permitting Section of ..f:- the Watershed Management Division. h. • If semi-annual biomonitoring is required, the test results are due on the sixth (6th) month and annual anniversary dates of permit . issuance. The results of the initial toxicity tests are due six (6) months from the perait issue date. i. If quarterly biomonitoring is required, the test · results are due on the third (3rd), sixth (6th), and ninth (9th) month and annual anniversary dates of permit issuance. The results of the initial toxicity tests are -due three {3) months from the permit issue date. j. This permit may be amended to require effluents limits, additional testing and/or other appropriate actions to address toxicity. The permittee may be required to conduct further monitoring studies if biomonitoring data indicate multiple numbers of unconfirmed toxicity events. Page 24 � r� � w � � � � �I � � � � � � . � � 11� 0 . a City of Fort Worth 10494-013 TABLE 1 (SHEET 1 OF 2) BIOMONITORING REPORTING CERIOOAPHNIA OUBIA SURVIVAL ANO REPRODUCTION Date Time Date Time Oates and Times No. 1 FROM: TO: Composites Collected No. 2 FROM: TO: No. 3 FROM: TO: Test initiated: am/pm date Dilution water used: Receiving Synthetic Dilution water water NUMBER -OF YOUNG PRODUCED PER FEMALE AT ENO OF TEST i:!i:::::r~::::::::::REP:I:::::i~:I~!iI 1;1:::•i:::::1:::::1:::=:i:'Q%:J~!:1:!::::1:::::i!1;:• 1::::::l~::::;::::::~~:l1:1::::1I::::, I:::::::::~:1.::;;,~::,:::,1:::1::j:::!lI •::;1::i:i:~~~:t :4-i::::f::::;:i::;1::::· ;:_::;:::::i:!:Wi?.i!\;:ii;:::1:::::11: :::11:I1i!l:1:::i :~i :::;lili:::1::I;. :;]:;:•::;tl::=:::l:\i:A r:::;,:::I:::::::I:: 1{:::::::::::•::i.-\}:{: • :·.• -: • .-.-:::.:-.-::---· *coefficient of variation a standard deviation x 100/mean (calculation based on young of the surviving females) Designate males (M}, and dead females (D-x}, along with number of neonates (x) released prior to death. City of Fort Worth 10494-013 TABLE 1 (SHEET 2 OF 2) CERIOOAPHNIA Q.Yill SURVIVAL ANO REPRODUCTION TEST I. Ounnett's Procedure or Steel's Many-One Rank Test or Wilcoxon Rank Sum Test (with Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate: Is the mean number of young produced per female significantly less (p•0.05) than the number of young per female in the control for the % effluent corresponding to (significant nonlethal effects): a.) LOW FLOW OR CRITICAL DILUTION (96%): YES NO --- --- PERCENT SURVIVAL Is the mean survival at test end significantly less (p-0.05) than the control survival for the% effluent corresponding to {lethality): a.) LOW FLOW OR CRITICAL DILUTION YES NO ------ 3. Enter percent effluent corresp9nd i ng to each .. N.OEC (no . observed -effect • c6~centration) below and circle the lowest number: a.) NOEC survival • ____ %effluent b.) NOEC reproduction • ____ %effluent r City of Fort Worth TABLE 2 {SHEET 1 OF 2) DAPHNIA fYW SURVIVAL GENERAL INFORMATION Time {am/pm)· • • Date .• • • .•• Composite i> ••···•.:i:.••••bri\imfJte<}•\:'.Ji:••::. t \·tJ :~f :j::C :•/\ lnitiated :.···. PERCENT SURVIVAL 1. Enter percent effluent corresponding to the LCSO below: 24 hour LCSO {Oaphnia) 2 ------~ effluent 95% confidence limits: Method of LCSO calculation: _________ _ 10494-013 City of Fort Worth TABLE 2 (SHEET 2 OF 2) FATHEAD MINNOW SURVIVAL (Pimephales promelas) GENERAL INFORMATION PERCENT SURVIVAL I . Enter percent effluent corresponding to the LCSO below: 24 hour LCSO {Pimephales) = 95% confidence limits: Method of LCSO calculation : ______ % effluent 10494-013 APPENDIX C Rone Engineering Report Hone t:.ngineers , Inc. Fort Worth /Dallas 1 2 1 North Rayner Street 1e l. (817) 83 1 -62 1 1 Fort Worth , 1exas 76111 Metro (8 1 7 ) 429-4328 Fa x (817) 834-4833 May 22, 1995 Halff Associates, Inc . 4000 Fossil Creek Boulevard Fort Worth , Texas 76137 Attn: Mr. Jerry F. Roberts, P.E. Re: Report 513-5-529-01 Sludge Stockpile Sampling Stockpile Area No. 12 Village Creek Wastewater Treatment Plant Fort Worth , Texas Dear Mr. Roberts: INTRODUCTION Rone Engineers ·- Rone Engineers, Inc. is pleased to present herein the results of sludge stockpile sampling at the Village Creek Wastewater Treatment Plant . The general work scope for this project was performed in accordance with Rone Engineers, Inc. 's Proposal 513-083 dated December 5, 1994 and authorized by Mr. Jerry F . Roberts of Halff Associates, Inc. on April 6, 1995. FIELD INVESTIGATION Ten exploration borings were drilled within Sludge Stockpile Area No. 1 2 on May 12 and 1 3, 1995 at the locations identified on Plate A .1. Each boring was drilled in the approximate center of selected sectors atop the sludge stockpile. Borings were drilled to depths of 27 ½ to 29 ½ feet with results provided on Plates A .4 through A.13 . Plates A.2 and A . 3 describe nomenclature utilized on the logs . Sampling of the sludge was affected using 3-inch d iameter Shelby tube samplers at the locations identified on the respective boring logs. Upon sampling, the respective materials were provided to representatives of Halff Associates, Inc. for their documentation and use. Steam cleaning of sampling augers and sampling device.s was performed between borings . Upon completion, al l borings were backfilled with cuttings in the exact area of the drilling. Geotechn ical & Env ironmental Consultants, Materials Eng ineering and Env ironm ental Ex plorat ion Halff Associates, Inc. May 22, 1995 Page 2 CLOSURE ·Rone Eng i neers , Inc . appreciates the opportunity to perform t his sludge stockpile sampling and provide th is report of sampling procedures . Please contac t us should questions ar ise on information contained herein . Very truly yours, RONE ENGINEERS, INC . Vice President Texas No . 46088 CMJ/dsf Copies submitted : (2) * * * Rone Engineers -·-/ LEGENO -4-· --····1 •• a, I '-' I r -------------~ I I 0 I I I I ----------~ ~---------- 1 6'_ I : ~ : I I I I I I I I ~-------------~ I I I I I I I I I I ----------7 I I ~-----------r-~-:-~ I I I I I I I . ··-··r-. ---··· - Rone Ens::.: RONE ENGINEERS, INC . F'OR T -CWJH,/tl,W.AS I I Yiu.AGE CR:EElC WASTEWATER TltEATMENT PLANT Fort Worth, Texas 0 U) n )> 0 r ,.., u, z 0 .,, r, r, -< 0 0 PLAN OF BORINGS Project No. 5 13-5-529 -01 PLATE A.1 r----------------------------------------------------RoneEnpln••n -·- Majo,dMaiorls "' "go ~ Grp. Sym . Typical names GW Well -graded gravels , grallel·sand mixtur96. llllle or no hnes. GP Poorly graoed gravels, gravel· sand mix,u;es , knle or no tines . GM Silty gravels, gravel •sand •Sllt mi x• 1ures . -0 ., C: ·;; i;. ., II> ft) 0 u t ·.;; "' > ., ·.;; ~i~ J~!I--+-------------~ f]o ~8 ~ c. Clayey gravels , gravel-sand-day B ~ ~ ~ c, ~ GC miXlures -~ zc "iij ;s &I) ~! ·i £ .,,m ~--+--+-+-----------~5 ~ ~i h~ u E -;;;-e,., Well-graded sands, gravelly sands. -== ~ 0 -g l '"" litlle or no fines . ~ -~ re.!!? oig ;,~ ~ ]l fijO -0£ c.. &l f ii n: . i C, u i6 ~-~ -6 C, ~ :? • : :s 0- !' "' C,) II> ~ ., :t 0 : ai --~ g ·en -0"' -_!_ Poon ded nd ell ~ ~ e '; I ,;:;_ SP yora sa s;grav y -g ~ . 0 ~ ·;;; -sands.litlleornofllles. l)l O •• : ~-.,,.., osf : ~IIIOty daaalflClll,ona criteria Cu •-~--•:Cc• --1and3 o,o o,o"Deo Not mee1ing an graduatoon reQuirements for GW L1Quid and Plastic hmits beiov,< "A"' ~ne or P.1 . less man 4 . liQuid and Plastic kmils aoove '"A" line with P.1. preater lflan 7. Liouid and Plastic limrts p1011,ng between 4 and 7 are borc1erlme cases re- o u iron g use ol dual symbols. (0 )2 30 Cu• -orea1er1nan6:Cc • --, &nc:13 o,o o,0"060 Not meeting al l gradualion reQuirements for SW i~~~--+--+------------~~~~~~ ·en 'i a § j ~ ::l e ~ : 1 '-ur"d and "".asb'c 111n· rts' .::;.::; ::lo i~i~c.'5, '-"' r:, f c:, ·.:; 8 N 0 z C r,; .::; a i -~ i ~ SM Silty sands, ~sin mbaures u "" C. N -beioN "A" Wle ex P.1. less .,; 'ls .:;; "' ll 8. ~ :l .,, ~ ~ lhan -<. ls~°I~.§1----+-------------~~r~~l~1----------~ ~ ~]o e~f;~~ ac. ~~=~oB en c. SC Clayey sands, sand-day mixtures 1li "' 'iii -' :::l:: "' $ OOw Inorganic sills and 11ery fine sands . L.iQuid and Plastic limits 80011e '"A" ~ne with P.I. grea,er than 7. Liouid and Plastic limits ploning in halcned zone with P.I . between -4 and 7 are bordering C8a6, re- Quiring use o f dual symbOls . ML rock llour. silty or~ fine sands , or dayey sills with slight plasticity 60 .----,.----,---,---,----,---,---,---.---.---,, /v Inorganic days of low to medium CL plasticity, gravelly days, sandy sanes, silty days, lean days Organic silts and organic silty days OL or low plasticity 50 1---+--+----,l--+--+----,-+--+-v~~ CH ·/ 40 )( C -0 .E II> -'5 j 1-------1--+-------------""" ~ 30 ·u ~ .. /? OHandMH "'iii -o E -~; CIJ"E tE ir: E 0 re .::; C rt: £ "' 15 £ lnori;;anic sitts, micaceous o r diate>- MH maceous hne !,Bndy or silly soils , elastic sills . Inorganic days of high plasticity, fat CH days. OH Organic days ol medium to high plasticity, organic silts . Pt Peat and 01he r highly organic soils UNIFIED SOIL CLASSIFICATION SYSTEM m ii: 20 10 7 ' 0 0 ,o 20 CL . / I V / 30 40 50 60 70 80 90 ,oo LiQuid Limit Plasticity Chan PLATEA.2 SOIL OR ROCK TYPES SAMPLE TYPES HIGHLY PLASTIC CLAY CLAYE Y LIMESTONE SHALE SANDS TON!: Srtelby Auoer Sp111 CONGLOMERATE lut>f-Spoon TERMS DESCRIBING CONSISTENCY , CONDITION AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No . 200 Sie ve) DESCRIPTIVE ITEM Soft Firm Stiff Very Stiff Hard PENETROMETER READING, (t•f) 0 .00 to 1.00 1.00 to 1.50 1.50 to 3 .00 3 .00 to 4.50 4.50+ Coarse Grained Soils (More than 50% Retained on No. 200 Sieve) PENETRATION RESISTENCE blows/foot Oto 4 4 to 10 10 to 30 30 to 50 OVER 50 Soil Structure CALCAREOUS DESCRIPTIVE ITEM Very Loose Loose Medium Dense Dense Very Dense RELATIVE DENSITY Oto 20% 20 to 40"/4 40 to 70"/4 70to 90% 90 to 100% Contains appreciable deposits of calcium carbonate; generally nodular Having inclined planes of weakness thal are slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks . sometimes filled with fine sand or silt Rock Cort Cone No Pe n Recove ry S LIC KENS IDED LAMINATED FISSURED INTERBEDDED Composed of alternate layers o f different soil types,-usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation ... VERY SOFT OR PLASTIC SOFT MOD ERA TEL Y HARD HARD . VERY HARD Can be remolded in hand; corresponds in consistency up to very stiff in soils Can be scratched with f ingernail Can be scratched easily with knife ; cannot be scratched with fingernai l Difficult to scratch w ith knife Cannot be scratched with knife Easily crumbled POORLY CEMENTED OR FRIABLE CEMENTED Bound together b y chemically precip itated material. Quartz . calcite, dolomite, siderite . and iron oxide are common cementin g materials. Degree of Weathering UNWEATHERED SLIGHTLY WEATHERED WEATHERED Rock in its natural state before being exposed to atmospheric agents Noted predominantly b y colo r change with no d isintegrated zones Complete color change with zones of slightly decomposed rock EXTREMELY WEA THE RED Complete color change with consistency, texture and general ap pearance approaching soi l KEY TO CLASSIFICATIO N AND SYMBOLS PLATEA. 3 ---------------------· ·- ··-· ~-----~------~------------------------------RoneBngineere Project. No. Boring No. ProJect. . VILLAGE CREEK WASTEWATER TREATMENT PLANT ----513-5-529-01 B-1 Fort Worth, Texas Location Water Obeervatione See Plate A.I Dry at completion of drilling operations. C0111plet.ion Dept.h 27 .5' ., II.. ' ~ ., c.. II 0 -◄ I" 0 Ii .Cl -4 E C.. :JI E 1/) :;, ~ ~ ~ 5 ~ J -j__~ 7=~ ~~ J~ j§~· I :---::a..: • .--Sz ~ I co.pletion Date 5-13-95 Surface Elevat.ion Type Auger Stratum Description f\SANDY CUY. brown (Fll,L) SLUDGE (Fll,L) LOG OF BORING NO. B-1 X I 1.. ' () :l D w C 11'. ..... .., 'O Ill II.. II C '-II X ■ II.. • 11'. II.. :> 3 0 I.. 1/) 0 C II) CJ 0 -4 Ii 11'. ... ... ID Q. I-fl SI SI (lj . .., .., C ..i 0 :JI X 311.. 'O O II.. z ., ., .... X X X .... Ii ' :JI • C • [JI u u I..., I..::, ._, Ill 0-C ' 'O ' .... ' .... ::, C 0 () ~. II) ..... .... ., ., .., .,J X .,J II " C L '-., :> ::, .... 11 ·_, 11 Ii II,.; .., 0 Q. • II II tr E II E II 'O .-, C .-, II U E II ..... ........ -4 .... -4 C 0 0 C .Cl C O .Cl Q. 1/) .J .J Q. .J Q. .... I: () ::J .J ::J () .J I Plate A. 4 Project No. I BorinB:Z Project VILLAGE CREEK WASTEWATER TREATMENT PLANT RoneBngineers ----513-5-529-01 Fort Worth, Texas LI Location Water Ob■ervations See Plate A.1 Dry at completion of drilling operations. Completion I Coa,pletion Depth 27.5' Date 5-13-95 Li Surface Elevation Type cs, X cs, . Auger L ' OJ (.) 0 0 .i.i C: .i .._J II w C 0 :, X 3 IL 1l OIL IL -4 0 II [t .... z .._J II·-< ' .0 i ' .i 1l X X X ... II ' :JI. C II • .r. E II IL II Di u u L ,._j L :l ·-< II er .._J :JI Stratum Descript_ion C • "\. II • C ' 1l ' ... ' ... :l C 0(.) --. (() 0. (() • X • IL II Ct IL ._. II ... .i +J .._J .._J X .._J II ' CL"\. II (() ) . 3 II ) ::l•-i II._. II II 11..._J .._J • 0 0. • 0 0 L to 0 C to II II er E IIJ E II) 1l •-i C •-i II U E II cr 0 • ""'II • 11)•-i ....... ...... ""' C 0 0 C .0 C O .0 u u \ [t I-I-m Cl I-Cl to _J _J Cl J Cl H I:(.) ::i _J ::i (.) _J --~ \SANDY CLAY, brown (FILL) r -j~ = ~I SLUDGE (FILL) -51~ -~ -~ I ~ -~ -~ --10-~~ --~ --~~ ~ -~ --~ I ,-15-~ I I I ~ --:__~ I ~-~ -~ :201=~ I I I I .. -~ ! I ~~ I I -~-... ~ . :-'--"" I ~-I ... -:""'-:: I ... .J~--25J~ I I I I -1~-I I I I ·.::: --~-~~ ---------------------------ij ,· . --.. LOG OF BORING NO. B-2 Plate A. 5 ,---------,--------.-------------------------------RoneBngineere Project No. Boring No. Project VILLAGE CREEK WASTEWATER TREATMENT PLANT ----513-5-529-01 B-3 Fort Worth, Texas Location Water Ob•ervations See Plate A.I Dry at completion of drilling operations. Completion Depth 27.5' ..., IL -4 " 0 II .D -4 ~ .c E D.. ..., :JI E a. (/) C DI If) 0 \ ~~~. ~ ~ 5 ~ r~ I-~ I .•• • [ = I • •. • _, -... , I :.:_ +~ ·., =r~ T~ {~ ~ 7-~ lt~ ~ ,· I Completion Date 5-12-95 Surface Elevation Type Auger Stratum Description ~ ~ brown (Fll.,L) SLUDGE (Fll.,L) LOG OF BORING NO. B-3 X I I. ~ C,) 0 [JI UJ C a: • •-t ~ +J ll DI IL II C '\. II X II IL Ill 0: IL ::> 3 0 I.(/) 0 C (J') C3' 0 . -4 II a: f,-f,-ID D.. f--r CS> CS> (\J . ...,..., C ,._, 0 :JI X 3 IL ll OIL z ..., Dl•-t X X X •-t II ~ :JI • C II Cl u u I...., I.::, •-t II er C ~ ll ~ •-t ~ ·-t ::, C 0(.) I,.. II (I) •-t II •-t ..., ...,..., +J X +J II ' CI.'\. Ill::> :J•-t 111•-t Ill DI 111 +J ..., 0 a. . II II er E II E C ll •-t C •-t Ill U E II C •-t ·-t •-t -4 ·-t -4 C 0 0 C .D C O .D D.. (/) ..J ..J D.. ..J D..H I: C,) :::, ..J :::, (.) ..J .j Plate A. 6 Project No. 513-5-529-01 Location 1 Borin84 Project VILLAGE CREEK WASTEWATER TREATMENT PLANT Fort Worth, Texas Water Observations See Plate A.1 Dry at completion of drilling operations. Completion Depth 27.5' ..., .... t· II. 0 II .. .D .... E 0. .r: :JI E ..., (/) c:i: C. Ill 0 ~ ±~ j~-5 . -~ .........::: '-""'.°""-:-::?i.: i.........::: ~-~ ~ 10 ~-· :.:_ ~ --::: ~-~ ~ 15 ~-~ ~ ~ ~ ~~ 20-r-~ T~ T~ =t~ 2s-(~~-• •• • _J~-i~---~ ~ ,· I CO..pletion Date 5-13-95 surface Elevation Type Auger Stratum Description ~SANDY CLAY, brown (Fll..L) SLUDGE (Fll..L) /1 I ---------------------------X I CJ w ll'. .. II C . X " II. ) 0 L (/) cr 0 . ll'. ........ CP CP L .. (\J 0 D C 0 :JI ..... z ..., .µ ll X X X .... II. Iii D u u "II C .. ll .. .... ...... 11 ll'. U. . ., II .... ..., ...,..., .µ X 3 -111) :J .... II\ ·-I II II o C 1/l II II er E Iii E Ill ll --1 II ..... ........ ........ --i C Ill n. I-n. (/) ...J ...J n. ...J n_ H I I I j _I -I I I I l -j I I I I I I I I i I I I I I I I I I I RoneBngineers:L ~ ll a 2 IU ..., ..., X :3 II. ., .... II .. :JI • C II • L .µ L :J .... 11 er I . :J C OC.l ~ II 1/l u .._, II " C L , Ill.µ ..., . 0 C. • • .; C • .; Ill U E r, 0 0 C .D C O .D :c (.) =i ...J =i (.) ...J 1u I l ! I I I I I I I I LOG OF BORING NO. B-4 Plate A. 7 Project. No-I BorinB:5-Project VILLAGE CREEK WASTEWATER TREATMENT PLANT Rone Engineers -~-513-5-529-01 Fort Worth, Texas Location Water Obaervations See Plate A.l Dry at completion of drilling operations. C:O...pletion I C:O...pletion Depth 27.5' Date 5-12-95 Surface Blevation Type CP X CP . Auger L "' N .. (.) 0 D +J +J C .._, ..., II w C 0 :, X 3 LL 1l O LL LL ..... IJ 0: • •-i z ..., 11•-i 0 1 .. ..., 1l X X X .,; IJ .. :JI. C Ill • .. .D IJ LL II Cl u u L +J L ::l •-i Ill tr J:. E ..., :, Stratum Description C • '-. II • C "' 1l .. •-i .. •-i ::l C 0 (.) "-II Ill • X C LL Ill 0: LL ,.; II •-i +J ...,..., +J X ..., IJ ' C L '-. C. Ill Ill :> • 3 WI:> ::i •-i 111•-i II IJ lll+J ..., . 0 C. • GI 0 I. Ill 0 C Ill WI IJ tr E II E • 1l .,; C ,.; Ill U E Ill 0 cr 0 • .,.. II • Ill ,.; •-i •-i ..... •-i .,.. C 0 0 C .0 C O .0 \ 0: I-I-mo. I-D. Ill .J .J Q. .J Q. H I: (.) => .J => (.) .J .... -~ r\CLAY. brown (FILL) r .... i~ SLUDGE (FILL) ~-:i;;;: -5-{~I .... -~-~~ --~-~~ --~-I --~ -10-k~---_-----~-.,.._ --~-1 --~ ---:._~ .....-.: . -15-~ -~~--: I -•• ~---I~---r;; c-=-201·~---:: -~ I I ~ --. _;.::, ! -~-~ . .::; ' --8~ -25 ~-.... $~:~ I:..~ .... -~-~~ ----------------------------~ ~~-· .. -· ·-.. ··-. LOG OF BORING NO. B-5 Plate A. 8 Project No. I BorinB:6 ProJect VILLAGE CREEK WASTEWATER TREA TMEJ\TT PLANT RoneBngineereiJ 513-5-529-01 Fort Worth, Texas Location Water Observations See Plate A.I Dry at completion of drilling operations. Completion I Completion u Depth 28.5' Date 5-U-95 surface Elevation Type CS> J X CS> Auger l. ' (\J .. .µ () 0 IJ .µ .µ C ..J LL -i II w C 0 ::, X ::3 LL ll D L. 0 II e:: . -~ z .., II-~ -i ' .µ ll X X X -~ II , :JI. C II • ' .0 ~ .r: E II LL C [JI u u l..j,J l. :i -~ II [T .., :JI ' Stratum Description C • '-II • C , ll , -~ ' -~ :l C 0 () .... IJ I() I 0. If) C X Iii LL Ill O:'. LL -~ Ii -~.., .., .., ,_, X .µ II ' C l. '-Cl If) :::, . 3 II:::, :i -~ Ill·~ Ul II Ill .J ..., . 0 0. • ~ 0 0 l. If) 0 C If) C\ II O" E C E Ill ll -~ C -~ II U E II CJ 0 • -i II • Iii-~ -~ -~ -i -~ -i C 0 0 C .0 C O .0 \ e:: I-I-II) 0. I-Cl If) ..J _, Cl J Cl.H I: () ::i _, :::> () _, --~ !\·SANDY CLAY, brown (Fll..L) r -=~ I., SLUDGE (Fll..L) --,-.---~· u -~-=-~ -5-. -:._~ --~· ~~ --~ ~ -~ ·L t:~ --~· I ,-JO-~ --~ --'?S I ~-L --~ I --~ I >-15-~ I L --~~I ~---t:~ ~-I I -f-~ I I :20]f~ I I I I L I I I i -~-I ! ! ~ I I I L ~25 ~~: ~ I ! I i I I -f~· I I I I -~ I L -:.~ I --?-::s::· ~..:......:-----------------------------A -· ,~ L .. .. . .. L L L L L LOG OF BORING NO. B-6 Plate A. 9 l ProJec:t. No. I Boring No. Project VILLAGE CREEK WASTEWATER TREATMENT PLANT RoneBngineere 513-5-529-01 B-7 Fort Worth, Texas Location Water Obeervatione See Plate A.l Dry at completion of drilling operations. C:O.pletion I C:O.pletion Depth 27.S' Date 5-13-95 Surface Blevation Type : I a, a, Auger I.. .. ru .. . 0 D .µ .µ C ,._. .µ II w C 0 :a X 3 u. 'O Ou. u. .... II Q'. . -~ z .µ ll ·~ 0 C. .. .µ 'O X X X -~ II ., :, . C Ill • .. Jl II U. II DI u u I...µ I..::, -~ II 0-.r. E E C • '-II • C .. 'O .. -~ .. -~ ::, C OU "-II (I) .µ :a • Stratum Description X • u. Ill Q'. U. -~ II -~ .µ .µ .µ .µ X .µ II " C I.. '-0. (I) II) ::> • 3 Ill:, ::, -~ II·~ Ill II • .µ .µ • D 0. • II D I.. (I) D C (I) Ill II O" E I E II 'O -~ C -~ " U E Ill 0 CJ D • -t II • •-~ -~ -~ -◄-~ -t C D 0 C Jl C D Jl \ Q'. I-I-m D. I-D. In ...J ...J D. ...J D. H ,::: tl ::, ...J :::iu...J I--~ r\~ANDY CLAY. brown (FILL) r ~ -~ I--~-SLUDGE (FILL) t:_..:::::: I--~ '-5-~-~. -~ -?-:s:: ~~ ~ -?>:s::·1 t:_~ I--~ I--~ ~ I 0-2-':s: · I--~ I--~ -""---I--~-:_15-3:~ = 1~ ~~ I-~ I ~20]~-J I . I I I I-~ I I-~-I-J~-I _B-~ I '-25 6?£ I I--~-t:_~1 ~ -~----------------------------,~ --i-:-"-. -LOG OF BORING NO. B-7 Plate A.10 . RoneEngineers1 Project No. Boring No. Project VILLAGE CREEK WASTEWATER TREATMENT PLANT ----513-5-529-01 B-8 Fort Worth, Texas 1 .... Location Water Obaervatione See Plate A.l Dry at completion of drilling operations. IJ C0111pletion Depth 27 .5' ..., LL ' .r:. ..., a. DI 0 -t l: 0 -t ..0 a. E E :JI Iii (/) (/) ~ ~ ~ 5 -~ .... ·1~· ...... 15 :'"'.'.S,.:. ~ ±i 201g; ~ #;:: ~ f;::? 2sJ~ , I CC>lllpletion Date 5-U-95 Surface Elevation Type Auger Stratum Description ~ ~ brown (Fll..L) SLUOO~(Fll..L) , CLAY. with gravel, calcareous Ji \ I LOG OF BORING NO. B-8 X u w ct X 0 cr ct CS> I CS> I. ' (\J -□ a i lJ 0 [JI ...,..., C: 0 :JI X 3 LL • •-t z ..., 11 •-t ' ..., 1J X X X •-t II ' :JI. C: II II LL Ill Cl u u I...., I. ::J •-t II er C: '-. II C: ' 1J ' ·-t ' •-t ::JC: OU .... ., (/) Ill LL II ct LL •-t II •-t..., ...,..., .µ X .._, II " C: ~ ' ::, 3 II::, ::J ·-t 11·-t II II ll+l ..., 0 C. • I.If) 0 C Ill r, II er E Iii E II 1J •-t C: •-t II u: 111 1...1 0 -t II 11•-t •-t ·-t -t •-t -t C: 0 0 C: ..0 C C .0 I-I-Ill Cl. I-Cl. If) ..J ..J Cl. ..J Cl. H I: u :::i ..J :::i t: ..J ,~ I I I I I I I I l IU -L I I I I I L I I I I I I I I I I I L I I I I I I ' J _I_ I I I l I u u . ' . ' LI Plate A.11 Project No. I Borin8:9. Project VILLAGE CREEK WASTEWATER TREATMENT PLANT RoneBngineers ----513-5-529-01 Fort Worth, Texas Location Water Obeervatione See Plate A.I Dry at completion of drilling operations. CC>tDpletion I CC>tDpletion Depth 29.5' Date 5-12-95 Surface Elevation Type CP X CP . Auger I.. "' (\J .. (.) 0 0 ..., +J C +J ..., II UJ C 0 :JI X 3 IL "O OIL IL ~ II a:: ••-4 z ..., 11 ·-4 0 ~ ..., "[l X X X ·-t II "' ::Jl. C fl • .D ~ II IL Ill [JI u u l..+J I.. :J •-t fl er r. E ..., :JI Stratum Description C • '-II • C "' "[l "' •-4 "' ·-4 :J C 0(.) "-II Ul a. If) Ill X Ill IL fl a:: IL •-t II •-4 ..., ...,..., +J X ..., ., '-CI..'-If) , . 3 WI :, :J •-4 11•-4 Ill II Ill +J ..., . 0 a. . Ci 0 I.. If) 0 C lfl II II er E Iii E 111 "0 •-t C •-t Ill U E Ill 0 cr 0 • ~II• 111•-4 •-4 •-4 ~ •-4 ~ C 0 0 C .D C O .D \ a:: I-I-ID n. I-n. If) ..J ..J C. ..J Q. H I: (.) :, ..J :, (.) ..J --~ \CLAY, brown (FILL) r --~ SLUDGE (Fll..L) -]~ -~-. _;:: -5 ~-::--::: -~----t~ -i~1 -1~ -JO~ -~-= 1~1 -?-f -15 ~ -??:I -~ I -J2~ I < -~'"'-== I~ -20-r-~1 I -is-~ ----~ 1~-~ I I I -"'"]-; I I~ :_25-1"~ ! -JS~~·~ ~--...,~--S~'""'.:' --~ I ~ ----------------------------:---. . .. ... LOG OF BORING NO. B-9 Plate A.12 Project No. I BoriB-lo() Project VILLAGE CREEK WASTEWATER TREATMENT PLANT RoneBngineers ----513-5-529-01 Fort Worth, Texas LI Locat:ion Water Obeervacions See Plate A.1 Dry at completion of drilling operations. Completion I Completion Depth 28.5' Date 5-12-95 u Surface Elevation Type CS> X CS> . Auger I. ' N .., (..) 0 01 .., .., C +J IL .... Ill w C 0 :JI X 3 IL 1l OIL 0 II Ir ..... z ..., II·-◄ .0 i ' .., 1l X X X .... II , :JI. C Ill • J: E II IL C DI u u s...i I. ::i ·-◄ Ill O" ..., :JI Stratum Description C • 'DI • C ' 1l ' . .., ' .... :J C 0 (..) .... II Ill D.. II) II! X C IL Ill Ct IL ·-◄ II .... .., ...,..., ,.J X +J II ' CI.' Ill II) ::> • 3 Ill::> :i .... UI ·-◄ Ill Ill .,..., .., . 0 D.. • 0 0 1.11) D C Ill Ill II O" E C E C 1l ·-◄ C ·-◄ UI U E Ill C3" 0 • .... Ii • C ·-◄ ........ _. ·-◄ _. C 0 0 C .0 C O .0 LI u \ Ir I-I-ID 0.. I-0..11) ..J...J 0.. ...J 0..1-1 I: (..) ::i ..J ::i (..) ..J --~ \ Cl.A Y, brown (FILL) r --~-~~ SLUDGE (FILL) ~---~ -:.~ -5-ts - ---~ ................ LI --~--:.~ --~--10-~-~-----t=½:: -f~-I -i~ I -~ -15 --:-:--~-I -1~.•-_·.,s; i -.~ I ~ -I~ I I i --r:..~ I I -20-r~ ---r:.~ I -f~ -j§~ I -~ -25_J;J§~ I I I I -~-I -~ -~-~~ --~--~~----------------------------~ :.:-... LOG OF BORING NO. B-10 Plate A.13 APPENDIXD EPA and TNRCC Correspondence UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE DALLAS , TEXAS 75202-2733 JUL 6 1995 CERTIFIED MAIL: RETURN RECEIPT REQUESTED (P 005 009 086) Mr. Robert T. McMillon Assistant Director Fort Worth Water Department P.O. Box 870 Fort Worth, Texas 76101-0870 Re: Sewage Sludge Class A Determination Dear Mr. McMillon: We are in receipt of the submittal on June 15, 1995, which included sampling results for Sludge Stockpile Area No. 12. The City requested EPA's concurrence that the stockpiled sludge meets the definition of a Class "A" sewage sludge as defined by Alternative 4 in 40 CFR Part 503.32{a) (6). The sampling plan used was revised in accordance with recommendations given by the EPA Pathogen Equivalency Committee as a result of the EPA Region 6 request of December 28, 1994. The criteria used to define a Class A sludge under Alternative 4 is as follows: 1) Either the density of fecal coliform in the sewage sludge must be less than 1,000 MPN per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in sewage sludge must be less than 3 MPN per 4 grams of total solids (dry weight basis). 2) The density of enteric viruses in the sewage sludge must ·belessthan ·1 PFU per 4 grams of total solids · (dry weight basis). 3) The density of viable helminth ova in the sewage sludge must be less than 1 per 4 grams of total solids (dry weight basis). Since fecal coliform densities are low and the sludge has been stored for several years, EPA has made the determination that enteric virus survival is unlikely. Therefore, in accordance with protocols outlined in the EPA Guidance Document, Control of Pathogens and Vector Attraction in Sewage Sludge, and your request, we have determined that testing for enteric viruses is unnecessary and can be waived. The results of all analyses performed in accordance with the recommended sampling plan for fecal coliform and viable helminth ova meet the quality requirements in the Part 503 regulations. Therefore, we concur with your finding that the sewage sludge in Stockpile 12 meets the definition of a Class A sludge as defined in Alternative 4. If you have any questions, please contact Stephanie Kordzi of my staff at (214) 665-7520. Sincerely yours, Jack ~~.)'-; son, -;;- Chief Permits ranch (6W-P) cc: Paul Curtis, Sludge Coordinator Texas Natural Resource Conservation Commission I m -~ Fort Worth Water Deportment P.O. Box 870 l 000 Throckmorton Fort Worth, Texas 76101-0870 Wastewater Treatment Division 817/2n-7591 Texas National Resources Conservation Commission July 17, 1995 Permitting Section Watershed Management Division P.O. Box 13087 Austin, Texas 78711-3087 Attn: Dale W. White, P .E. Re: Village Creek Wastewater Treannent Plant Fon Wonh, Texas Permit No . 10494-13 Dear Mr White: The City of Fort Worth (City) operates and maintains the Village Creek Wastewater Treannent Plant (VCWWTP) which provides service to over 750,000 people and industries located in 22 communities in the service area. The plant has a capacity of over 144 million gallons per day. We are writing to provide notice of cenain sludge handling and disposal activities that will commence in the third quaner in 1995, following the contract bidding and award process which will commence shonly. In 1991, the City began using belt presses to dewater a portion of the plant sludge and to beneficially reuse it through land application to agricultural lands. In 1994 the city entered into a contract to have all sludge produced by VCWWTP dewatered and beneficially reused through land application. However, approximately 500,000 cy of previously processed sludge is contained in the drying beds or is stockpiled in the drying bed area. One particular stockpile, known as Sludge Stockpile Area No. 12 (SSA#12) contains sludge that was pumped into the sludge drying beds approximately 3-1/2 years ago. While in the drying beds, the sludge was mechanically processed, in order to help dry the sludge, by turning the material, breaking up the crust and -exposing new surfaces for drying. • After approximately one year in the beds, the sludge was removed and stockpiled. The stockpile has sat undisturbed for approximately 2-1/2 years. The dimensions of SSA#l2 are approximately 400 feet by 300 feet It is approximately 30 feet high. The calculated volume is approximately 111,000 cubic yards. The City now plans to beneficially reuse the 500,000 cy of sludge remaining in the Drying Bed area. The City's plan is to remove this sludge over a 5 year period and then to close the Drying Beds. SSA#l2 will be removed and reused in the next fiscal year. Because the stockpiled sludge in SSA#l2 appears to be dry and stable, the City sought to have the stockpiled material in SSA#l2 classified as Class "A" sludge. In order to demonstrate that the sludge met Page 1 City of Fort Worth the requirements . for a Class "A " Sludge , the City sampled and tested the stockpiled sludge according to a sampling plan approved by EPA. The stockpiled sludge was tested for total and volatile solids, fecal coliform, and helminth ova. Sampling and testing was performed in May 1995. The results of the tests were submitted to EPA and in a July 6, 1995 letter EPA concurred with the City 's conclusion that the sludge met the definition of a Class "A" sludge according Alternative No. 4 of 40 CFR Pan 503. That letter is attached for your reference . The City of Fort Worth intends to seek bids from qualified contractors for the further processing, removal and reuse of biosolids from SSA#l2 at VcwwrP. The project will involve further processing of the stockpiled sludge by shredding, grinding or sieving in order to achieve size reduction of any large plastic, paper, wood or metal products that may remain. The contractor will then load and transport the material to noticed, registered or permitted sites for land application. These sites may include agricultural lands , reclamation sites, or non-City owned parklands, golf courses or airports. Bagging and distribution of the sludge to the general public will not be allowed, as authorized by the City's TNRCC wastewater discharge permit All disposal practices will comply with current applicable federal and state statutes and regulations, as they may be amended from time to time. The project will be advertised for bids in late July and bids received in late August. A contract is anticipated to be awarded by October 1, 1995 . If you have any questions or comments about this notice , please call. Sincerely , /b-?:1¥4~ Robert T. Mc Millon Asst. Director, Fon Wonh Water Department Page 2 CITY OF FORT WORTH NOTICE OF PROJECT COMPLETION Regarding City Secretary Contract # 21401 for the Further Processing. Removal and Reuse of Biosolids from Drying Beds which was requested by the Water Department and approved by City Council on September 26. 1995 through M&C C-15044, the Director of the Water Department, upon the recommendation of the Construction Engineer. Halff and Associates Inc .. has accepted the project as complete. Final Payment (Estimate # 7-1) will be issued in accordance with Administrative Regulation C-6. Original Contract Price: Approved Contract Renewals Approved Change Orders: Revised Contract Amount: Total Cost Work Completed: Less Liquidated Damages: Total Contract Cost: Less Previous Payments: Final Payment Due: Recomme ed for Acceptance Contract Services Administrator Date of Final Completion $ 1,350,930.00 $ 4,150,000.00 $ 130,000.00 Number: 1 r ---· $ s.630,930.00 ✓.I $ 5,518,506.55/ $ 0.00 (@$ /Day) $ 5,518,506.55 $ 5,328,253.98 $ 190,252.57 ~ t 11 /:30/o I Date Date Date of Estimate AFFIDAVIT THE STATE OF TEXAS § COUNTY OFT ARRANT § BEFORE ME, the undersigned authority , appeared Oscar Renda on this day personally , who being by me (Name) duly sworn , upon his/her oath deposed and said: 1. My name is Oscar Renda . I am the ------------------- President of Oscar Renda Contracting, Inc. --------------(Title) (Company Name) and am authorized to make this Affidavit with respect to City of Fort Worth Project No. 21401 hereafter referred to as the "Project." 2. All persons, firms, corporations , and subcontractors furnishing labor and /or material on the Project have been paid in full. 3. The wage scale establ i shed by the City Council of the City of Fort Worth has been paid on this Project. 4. There are no claims for personal injury and/or property damages pending as a result of the Project. ~ Name Subscribed and sworn to before me on this /zTll of Ab/~ , 200 I . SAMUB. MONTOYA Notary Publlc SlaledTexas My Convn. Exp. 7-19-2004 State of Texas day 11-29-2001 5:17PM FROM HALFF ASSOCIATES. INC 817 232 9784 P. 1 II Halff Associates 4000 FOSSIL CREEK BOULEVARO FORT WORTH, TEXAS 76137 (617) 847-1422 METRO (817) 429-9875 FAX (817) 232-9784 ENGINEERS • ARCHITECTS • SCIBNT1$1'S PLANNERS•SURVEYORS November 29, 2001 AVO 17492 Mr. Gary Rockers City of Fort Worth Water Department P.O. Box 870 Fort Worth, TX 76102 RE: Further Processing, Removal, and Reuse of Biosolids from Drying Beds Sewer Project No. PS46-070460300060 Dear Mr. Rockers: At your request, we have reviewed the final pay estimate and the quantities of material hauled between September 25, 2001 and October 17, 2001. We have found two small mistakes in the daily totals for September 29 and October 9. The net result of the mistakes is an increase of 8.83 wet tons of material hauled ($88 .38). ORC/AMG has been notified of the error and has declined having it corrected. The value of work completed between September 25, 2001 and October 17, 2001 shown in Attachment "A" and "B " is $140,680.64. According to the previous pay estimates that you transmitted , the City has retained $49,571.93 during the contract. We agree that the total amount owed ORC/AMG is $190,252.57, as shown in the final estimate . ORC/AMG has met all other contract obligations. Halff Associates, Inc. recommends that the City of Fort Worth make the final payment. If you have any questions or comments, please call . Sincerely, F ASSOCIATES, INC. F. Roberts, P.E. Enclosures FORT WORTH • DALI.AS • HOUSTON • McALLEN TRANSPORTATION • WATER RESOURCES • LAND OEVELOPMENT • MUNICIPAi.. • ENVIRONMEIIITAL • STRUCTURAL MECHANICAL • ELECTRICAL • SURVEYING • GEOGRAPHIC INFORMATION SYSTEMS ARCHITECTURE • LANDSCAPE ARCI-IITECTURE • PLANNING • FINAL PAY ESTIMATE OWNER : CITY OF FORT WORTH PROJECT: VILLAGE CREEK WWTP FUND ACCOUNT : M & C NO : PE-45-5391200705002 C-16170 FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS VENDOR NO : 1810041991 00 CONTRACTOR : OSCAR RENDA CONTRACTING CITY SECRETARY CONTRACT NO : 21401 522 Benson Lane PROJECT NO : PS46-070460300060 t--_______ R_o_a_no_k_e..;.., T_X_7_62_6_2 __________________________ ---IRETAINAGE NO : PE45- Pay Estimate No. For Period From: 7-1 September 25, 2001 through CONTRACT TIME SUMMARY Original Date Operations Original Contract Duration Original Date Contract Completion Approved Time Extensions Current Contract Duration Current Date Contract Completion Days Charged to Date Days Remaining Percent Complete October 31 , 1995 ____ 3_3_0 ____ Days September 24, 1996 ____ 2_0_0_5 ___ Days -=------=_21....,5_,s......,....,....,....,. __ Days September 24,2001 ____ 2_3 ____ Days 157 Days ----6-_-3-0°-1/o ___ _ Current Scheduled Completion Date Project is (ahead/behind) Schedule March 23, 2002 Complete The undersigned ~ontractor certifies that all work, including materials on hand , covered 6y this periodical payment has been completed or delivered in accordance with the contract documents, that all amounts have been paid by him for work, materials and equipment for which pervious periodical payments were issued and received by the Owner, and that the current payment shown herein is now due . RACTING By : Date : J$2M BEFORE ME THISc:QC7 DAY OF ./ NOTARY PUBLIC : ~ ~ MY COMMISSION RAQUEL GIOVANA MY COMMISSION EXPIRES July 19, 2005 October 17, 2001 CONTRACTOR PROJECT NO: 7500 ITEM CONTRACT COST SUMMARY 1 Original Contract Amount 2 Approved Contract Renewals 2A Approved Change Orders 3 Total Contract Amount 4 Total Value of Contract Performed (Attachment "A"+ "B" consisting of 1 page) 6 Total Value of Work to Date 7 Less Amount Retained at 5% (Fixed -5% of $850,000 .00 ) 8 Net Amount Earned on Contract 9 Less Amount of Previous Payments 10 Balance Due This Statement 11 Percent of Contract Paid Pay Estimate Cost Summary Earned: $ 190,252.57 Less Retainage: $ 0.00 Due: $ 190,252.57 $ 1,350,930 .00 $ 4 ,150,000 .00 $ 130,000.00 $ 5,630,930.00 $ 5,518,506 .55 $ 5,518,506.55 $ 0.00 $ 5,518,506.55 $ 5,328,253 .98 $ 190,252 .57 98 .00% //f Jt>/6/ ( Date I ATTACHMENT "A" AND "B" ATTACHMENT "A" TABULATION OF VALUES FOR ORIGINAL CONTRACT WORK PERFORMED PERIODICAL ESTIMATE FOR PARTIAL PAYMENT ATTACHMENT "B" EXTRA WORK PERFORMED UNDER APPROVED CHANGE ORDERS Owner: CITY OF FORT WORTH PROJECT NUMBER Project: VILLAGE CREEK WWTP FURTHER PROCESSING, REMOVAL AND REUSE OF BIOSOLIDS FROM DRYING BEDS Contractor: OSCAR RENDA CONTRACTING OWNER: PS46-070460300060 CONTRACTOR: 7500 Pay Estimate No. 7-1 FINAL PAY ESTIMATE For Period From: September 25, 2001 through October 17, 2001 Bid Item Quantity Original Unit of Total Contract Quantity This Value of Work This Quantity to Value of Work o/o of Work No. Description Of Item Estimate or C.O . Measure Unit Price Amount Estimate Estimate Date Completed Complete Subtotal Original Contract 147.000 WT $ 9 .19 $ 1,350,930.00 131,609.50 $ 1,209,491 .31 89 .50% 1st Renewal 90,812 WT $ 9.36 $ 850,000.00 91,100.22 $ 852,698 .07 100.30 % 2nd Renewal 86,589 WT $ 9.47 $ 820,000.00 84,229.29 $ 797 ,651 .37 97.30% 3rd Renewal 86,898 WT $ 9.35 $ 812,500 .00 80,960.15 $ 756 ,977.41 93.17% 4th Renewal 86,298 WT $ 9 .67 $ 834,500.00 80,518.07 $ 836,629.73 100.25% Processing of Class 1 "A" Biosolids (99/00) 83,635 WT $ 8 .30 $ 694,170.00 19,096.08 $ 158,497.46 92,309.54 $ 766,169.18 Removal and Reuse of Class "A" Biosolids 2 (99/00) 83,635 WT $ 0.89 $ 74,435.00 19,096 .08 $ 16,995.51 92,309 .54 $ 82,155.49 3 CPI Adjustment (96/97) 83,635 WT $ 0 .17 $ 14 ,2 18.00 19,096.08 $ 3,246 .33 92,309.54 $ 15,692.62 CPI Adjustment (97/98) 83,635 WT $ 0 .11 $ 9,200.00 19,096.08 $ 2,100 .57 92,309.54 $ 10,154 .05 CPI Adjustment (98/99) 83,635 WT $ (0.12) $ (10,036.00) 19,096.08 $ (2 ,291.53) 92,309.54 $ (11,077 .14) CPI Adjustment (99/00) 83,635 WT $ 0 .32 $ 26,763.00 19,096.08 $ 6,110.75 92,309.54 $ 29,539 .05 CPI Adjustment (00/01) 83,635 WT $ 0 .34 $ 24,254.00 19,096.08 $ 6,492.67 92,309.54 $ 31,385.24 Completed; ork Complete<! was understated tiy am~ Tit~ amou.n_ twas nli~e~~rrlejt ~~rough on Valu·e• of Wfrl<_. $359.52 • • :~ .. th . ':'• ' • IH,,;i AF' Y, 0 .00 $ -0 .00 $ 359 .52 5th Renewal 83,635 WT $ 10.01 $ 833,000.00 19,096 .08 $ 191 ,151 .76 92,309.54 $ 924 ,018 .50 110.92% Change Order 14,054 WT $ 10.01 $ 130,000.00 14,054.01 $ 140,054.01 14,054 .01 $ 140,680.64 108.21% Total For Project $ 5,630,930.00 574,780.78 $ 5,518,506.55 98.00% 522 BENSON LANE • ROANOKE, TEXAS 76262 • (817) 491-2703 • FAX (817) 491-4483 Gary Rockers City of Fort Worth 4500 Wilma Lane Arlington, TX 76012 RE: Retainage Fee 11/28/01 Project: PS46-070460300060 Further Processing, Removal and Reuse of Biosolids from Drying Beds for the City of Fort Worth, TX Dear Gary, . ORC/AMG is requesting that the Retainage Fee from Project PS46- 070460300060 in the amount of $49,571.93 be included in the Final Pay Estimate. The project is to be considered complete. Should you have any questions you may contact me at 817.571.9391 ext. 223. Sincerely, {u.:_JL Eddie~hnson Project Superintendent