Request for Proposals_Biosolids Management ProgramMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Water Pollution Control Plant
Biosolids Management Request for Proposal
DATE: February 1, 2011
Dubuque
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Water Pollution Control Plant Manager Jonathan Brown requests City Council
authorization to distribute a Request for Proposal to seek qualified contractors
interested in developing, implementing and maintaining a Biosolids Management
program for the Water Pollution Control Plant.
With the WPCP facilities currently under construction, a need for a biosolids
management program will be required early in 2012. This program will involve the
transportation, storage, land application and other acceptable practices of handling
anaerobically digested and dewatered biosolids at the WPCP in an efficient and
sustainable manner.
In addition to other requirements, the City of Dubuque WPCP and the selected
contractor will work together to implement an Environmental Management System
(EMS) to provide for continuous improvement of the Biosolids handling process and to
ensure adherence with the City of Dubuque Sustainability goals.
This requirement will limit the number of qualified firms and potentially increase the
price because it will eliminate small operators without the resources to develop an
Environmental Management System; however, it is believed that this will lead to the
best contractor with the best results and avoid potential Tong -term problems.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jonathan Brown, Water Pollution Control Plant Manager
Dubuque
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Masterpiece on the Mississippi 2007
THE CITY OF
Dui
DISCUSSION
The services performed by the contractor will include:
Water Pollution Control Plant
795 Julien Dubuque Drive
Dubuque, Iowa 52003 -7996
Office (563) 589 -4176
Fax (563) 589 -4179
TTY (563) 589 -4193
wpc@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Jonathan R. Brown, WPCP Manager li . T>
SUBJECT: Water Pollution Control Plant — Biosolids Management Request for
Proposal
DATE: February 2, 2011
INTRODUCTION
The purpose of this memorandum is to request authorization to distribute a
Request for Proposal (RFP) to seek qualified contractors interested in
developing, implementing, and maintaining a Biosolids Management program for
the Water Pollution Control Plant (WPCP)
With the WPCP facilities currently under construction, a need for a biosolids
management program will be required early in 2012. This program will involve
the transportation, storage, land application and other acceptable practices of
handling anaerobically digested and dewatered biosolids at the WPCP in an
efficient and sustainable manner.
Design, construction, and operation of a storage facility that has the
capacity to store biosolids generated at the WPCP for up to 180 days.
Sampling of biosolids and soil at approved application sites as required by
the City of Dubuque, the Iowa Department of Natural Resources (IDNR),
and the United States Environmental Protection Agency (USEPA)
Transportation of the biosolids from the WPCP to either the storage
facility, directly to the approved application sites, or another approved
facility.
Spreading and incorporating the biosolids within 24 hours as dictated by
the City of Dubuque, IDNR, and USEPA.
Obtaining the necessary permits and submitting the necessary reports to
the City of Dubuque WPCP for filing with the IDNR and USEPA.
Service People Integrity Responsibility Innovation Teamwork
In addition to these requirements the City of Dubuque WPCP and the selected
contractor will work together to implement an Environmental Management
System (EMS) to provide for continuous improvement of the Biosolids handling
process and to ensure adherence with the City of Dubuque Sustainability goals.
The tentative schedule for the Biosolids Management Program is as follows:
RFP Release to Public
Response Due Date
Recommendation to City Council
Final Contract:
BUDGET IMPACT
February 7, 2011
March 14, 2011
April 20, 2011
July 1,2011
The selected contractor will provide pricing on contract lengths of 5, 7, and 10
years, storage requirement of 180 days, and 2012 biosolids quantity projections.
The funding for biosolids management will be allocated from the operational
funds of the WPCP.
ACTION REQUESTED
I respectfully request the City Council to approve the distribution of the RFP for
Biosolids Management for the Water Pollution Control Plant.
cc: Steve Sampson Brown, Project Manager
Paul Schultz, Resource Management Coordinator
I. INTRODUCTION
This is a request for proposal to provide a biosolids management program (Program) for the
City of Dubuque, Iowa, hereinafter referred to as Owner. The Program involves the
transportation, storage, and land application, or other acceptable alternative management
process, of anaerobically digested and centrifuge dewatered biosolids produced at the Dubuque
Water Pollution Control Plant (WPCP). The Owner will consider proposals that do not require
the hauling of the material from the site and do not require land application. The WPCP facilities
are currently under construction, and it is expected that the need for dewatered biosolids
management will begin early in 2012. Therefore, the selected contractor shall have all facilities
in -place and equipment on -site by December 31, 2011. The Owner is seeking to enter into a
contract with a company to handle biosolids in an efficient and sustainable manner and to add
value to the City's Program. The Owner encourages and expects the successful entity to bring
continuous improvement ideas to the City for consideration in the City's ongoing biosolids
management Program.
II. DESCRIPTION OF SERVICES
CITY OF DUBUQUE
REQUEST FOR PROPOSAL
FOR BIOSOLIDS MANAGEMENT
The services to be provided shall include the following:
A. Design, construction, and operation of a sludge storage facility.
C. Transportation of anaerobically digested and centrifuge dewatered biosolids from the
WPCP to either the contractor's storage facility, directly to agricultural application sites,
or other approved facility.
D. Storage of biosolids in the contractor's facility and management of the biosolids within
that facility.
E. Loading of all biosolids or biosolids products into the contractor's transport vehicle(s) at
the WWTP or contractor's storage site.
F. Identification, approval, and procurement of rights to spread on the required or other
approved agricultural application sites, as needed.
G. Sampling of biosolids, soil at application sites, and stored biosolids as required by the
Iowa DNR and the project.
G. Calculation of appropriate agronomic spreading rates and application of the biosolids to
agricultural application sites, as needed.
H. Application of the biosolids to agricultural application sites in accordance with the Iowa
Administrative Code Chapter 67, the United States Environmental Protection Agency
Part (EPA) 503 Biosolids Rules, and the biosolids management plan. The time between
spreading and incorporating should be minimized but should not exceed 24 hours. For
the purposes of contractor's proposal, contractor shall assume that all biosolids will
require incorporation as noted above. The Owner may consider land application of
biosolids on no -till land without incorporation during final contract negotiations with the
successful contractor.
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Obtaining all permits for all phases of the work from the appropriate governmental units.
J. Preparing and submitting all necessary reports related to this work to the WPCP plant
manager and to the Iowa Department of Natural Resources (DNR) as required in the
biosolids management plan.
III. OTHER CONSIDERATIONS
A. HAULING TO ALTERNATE LOCATIONS -The Owner may elect to divert up to 10
percent of the biosolids (on a monthly basis) to an alternate location and /or for an
alternate use or demonstration purpose. This includes providing digester seed biosolids
to assist in starting up digester systems at other facilities. A new process might be tested
on -site without incurring the cost to transport. If the 10% is diverted the contractor will
not be paid for that portion relative to hauling. The Owner will work with the Contractor to
arrange logistics and pricing before implementing any such plan. The Contractor shall
comment on this arrangement in the proposal.
B. PUBLIC EDUCATION AND INVOLVEMENT -The City intends to educate and involve the
public in this process. Some of the City's initiatives are highlighted on the City's website
including Sustainable Dubuque and Dubuque 2.0. Contractors are requested to provide
information on their experience with public education and /or involvement related to
biosolids management, as well as a statement of Contractor's level of interest in helping
the City implement a public education and involvement programs.
C. ENVIRONMENTAL MANAGEMENT SYSTEM -The City is considering implementing an
Environmental Management System (EMS) framework for biosolids management. This
program may include required management for continuous improvement, participation in
third party training in biosolids handling, increased testing by the City, and participation
in periodic independent audits. The Contractor should provide a summary of experience
with these types of programs, as well as a statement of interest in partnering in this type
of program. The proposal should include contractor's assumptions with respect to EMS
involvement included in their proposal.
IV. QUANTITIES AND CHARACTERISTICS
A. QUANTITY OF BIOSOLIDS —The quantity of biosolids transported will be determined by
weighing three Toads of biosolids weekly and correlating the mass of dewatered biosolids
in those loads to the volume of biosolids hauled in all Toads. The contractor shall make
provision for weighing loads and reporting values to Owner. Owner reserves the right to
change normal processing of biosolids to facilitate abnormal or emergency operating
conditions in the plant with 3 days advanced notice to the contractor. Owner reserves
the right to make long -term operational changes with 60 days advance notice.
Production of biosolids is projected to be as follows:
Anticipated Dewatered Anaerobicallv
Digested Biosolids
Year 2030
Year 2012 (Design
(1st Year) Year 2022 Build -out)
Maximum Month Dry Pounds /Day 16,700 23,000 28,100
Average Dry Pounds /Day 14,000 19,300 23,600
Stabilized Biosolids (% TS) 25 25 25
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B. BIOSOLIDS CHARACTERISTICS -The land area required for the disposal of Owner's
biosolids will be based on chemical and biological analyses of the soil and biosolids, any
agreed upon EMS management plan and prevailing local, state, and federal regulations.
Current concentrations for nutrients and metals in Owner's dewatered raw sludge are
presented below. The Owner's anaerobic digestion and dewatering facilities will be new
when the land application program begins; therefore, exact results will not be available
until biosolids are ready to be hauled. This analytical data should be considered in
determination of the required acreage for the land spreading of the biosolids.
CENTRIFUGE DEWATERED RAW SLUDGE
CURRENT ELEMENTAL ANALYSIS (DRY WEIGHT BASIS)
Sample Arsenic Beryllium Cadmium Chromium Lead Mercury Nickel
Date mg /kg mg /kg mg /kg mg /kg mg /kg mg /kg mg /kg
November 2010 <3.81 <1.91 <3.81 37.2 38.1 0.533 17.6
October 2010 <3.22 <1.61 <3.22 28.7 48.1 1.080 20.6
June 2010 <3.97 <1.98 <3.97 38.1 125.0 0.665 22.4
April 2010 <3.77 <1.89 <3.77 31.2 36.4 0.567 25.7
March 2010 <4.07 <2.03 <4.07 27.4 21.7 0.647 12.0
November 2009 <4.03 <2.02 <4.03 36.8 76.6 0.585 17.5
V. PROPOSALS
Five copies of the proposal shall be submitted no later than Monday, March 14, 2011 to:
Dubuque Water Pollution Control Plant
Attention: Mr. Jonathan Brown, Plant Manager
795 Julien Dubuque Drive Extension
Dubuque, IA 52003 -7996
To demonstrate qualifications to perform the work, each contractor must submit the following.
• Detailed written evidence of its qualifications and training /certifications related to
biosolids management.
• Brief written descriptions of similar previous work, including references with phone
numbers and addresses.
• A list of current biosolids management contracts including references and contact
information from a minimum of three clients.
• A list of any regulatory (local, state, or federal) compliance issues or violations in the
past five years.
• Contract prices for referenced contract and alternatives should be included.
• The contractor must be prepared to submit evidence of its qualifications to do business
in Iowa where the project is located.
• The contractor must be prepared to submit financial statements for the last three
business years of the Contractor's operating business unit submitting this information.
This includes higher tier business units if the Contractor is a subsidiary business.
In addition, for the land application approach the contractor shall submit with its qualifications a
written description of the following, for other approaches similar detail is expected:
• Proposed operating sequence for removing biosolids from Owner's premises, storage,
and disposal on farmland.
• An itemization and brief characterization and description of the various pieces of
equipment expected to be used and storage requirements for this equipment.
• An estimate of the acres of land and its general location that will be required for biosolids
land application in the first year of operation.
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Scenario
5 -Year Contract
7 -Year Contract
10 -Year Contract
Fixed Cost, if applicable ($ /mo.)
Unit Cost ($ /wet ton)
Estimated Annual Cost ($ in 2012)
Contract Buy -out Cost ($)
QQQ
Z Z Z
After Year 3
After Year 4
After Year 5
After Year 6
Q
Z
After Year 7
After Year 8
After Year 9
After Year 10
• Whether the acreage will be rented, leased, or owned by the contractor.
• A description of cture (including dimensions) with a
brief design summary and specification of materials of construction.
• A description of project and their roles.
• A summary of administration facility needs and how they will be accommodated.
A general building layout should be provided with the proposal. Specifically, the proposal shall
include a proposed plan footprint, assumed biosolids storage
height, type of construction, and excess building space needed to
move or manage biosolids based on 180 days of storage ender the future year 2022 average
biosolids projections.
Pricing shall be provided for contract lengths of 5, 7, and 10 years and storage requirements of
180 days based on the project biosolids quantities in the year 2022. In addition, the City is
requesting that the proposals include the anticipated "contract buy -out" costs following the third
year of operation for each contract duration. Pricing methods must be clearly explained. The
matrix below is provided for your reference as an example of one pricing model. Please also
refer to Section VII, paragraphs L and S for additional pricing conditions and options.
Please include the name and phone number of the principal contact at your business.
All questions concerning the meaning or intent of the request for qualifications are to be directed
to Jonathan Brown at the City of Dubuque, (563) 589 -4176, or Rachel Lee at Strand Associates,
Inc., (608) 251 -4843.
VI. EVALUATION OF PROPOSALS
Owner reserves without limitation the right to reject any and all proposals, to waive any and all
informalities, and to negotiate contract terms with the successful contractor, and the right to
accept or reject all incomplete, nonconforming, nonresponsive, unbalanced, obscure, or
conditional proposals, or proposals that contain erasures or irregularities of any kind, or that do
not comply with the instructions herein.
Owner reserves the right to reject the proposal of any contractor if Owner believes that it would
not be in the best interest of the project to make an award to that contractor, whether because
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the proposal is not responsive, or the contractor is unqualified or of doubtful financial ability, or
fails to meet any other pertinent standard or criteria established by Owner.
Owner will consider the proposals of contractors, whether or not the proposals comply with the
prescribed requirements, and such alternatives, unit prices, and other data, as may be
requested in the proposal.
Owner may make such investigations as Owner deems necessary to assist in the evaluation of
any contractor and to establish the responsibility, qualifications, and financial ability of
contractors, proposed subcontractors, suppliers, and other persons and organizations to
perform and furnish the work to Owner's satisfaction within the prescribed time. The contractor
shall furnish to Owner all such information and data for this purpose as Owner may request.
Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of,
contractor's qualifications fails to satisfy Owner that such contractor is properly qualified to carry
out the obligations of the proposal, or to complete the work contemplated therein.
Owner shall be satisfied that the contractor involved (1) maintains a permanent place of
business, (2) has adequate plant and equipment to do the work properly and expeditiously, (3)
has a suitable financial status to meet obligations incidental to the project, (4) has appropriate
technical experience, and (5) can submit a satisfactory performance record.
Owner may conduct interviews before making a final selection. Selection is anticipated by April
20, 2011.
VII. GENERAL PROJECT CONDITIONS
The contractor's services previously described shall be provided within the context of the
following general conditions which are built around a land application approach. Other
approaches will be required to meet similar expectations.
A. PLANT LOCATION —The WPCP is located at 795 Julien Dubuque Drive in the City of
Dubuque, Iowa. The biosolids will be loaded into the Contractor's transportation vehicles
at this location to be hauled to the off -site storage facility or directly to the agricultural
application sites. Loading of trucks will be by screw conveyors with drops into truck.
B. LAWS, REGULATIONS, AND GUIDELINES —The contractor shall abide by all laws,
regulations, and any EMS guidelines /requirements applicable to transportation and
spreading of biosolids including, but not limited to the current Iowa Department of
Natural Resources National Pollutant Discharge Elimination System (NPDES) permit
issued to Owner and succeeding permits issued upon the expiration or amendment of
effective permits, the Iowa Administrative Code regulating Standards for the Land
Application of Sewage Sludge (Chapter 67), guidelines as set down by the EPA in 40
Code of Federal Regulations Part 503 and the Federal Clean Water Act, ordinances of
the City of Dubuque, and ordinances of other pertinent governmental units. Biosolids
shall be applied only to sites approved by the DNR.
C. LICENSES AND PERMITS —The contractor shall be responsible for obtaining all licenses
and permits as required by the State of Iowa and issued by the DNR or local
governments, including counties, towns, and villages for the transportation, storage, and
application of biosolids.
D. APPLICATION SITES —The contractor shall be responsible for the permitting and
location of suitable application site(s) for the biosolids. The contractor shall review
candidate fields for acceptable soil types; slopes; distances to residences, streams,
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private and public water supplies, waters of the state; endangered species; roads; and
drainage ways. If the site(s) fit the regulatory requirements, the site(s) shall be identified
to Owner before the DNR is asked for approval. In addition to any sampling and
analyses of composite soil samples for each land application site that may be required;
the contractor is responsible for submitting documentation for DNR approval for each
site. Additional information on each site shall be submitted by the contractor to the DNR
in accordance with the regulations. The contractor shall be responsible for all analytical
costs associated with the soil sampling prior to approval and all other sampling of the
sites deemed necessary by the DNR or the agreed upon EMS. All sites must be
approved by the DNR before biosolids application can occur. Copies of all forms shall be
provided to Owner by the contractor. Approved sites shall only be used for biosolids
generated by Owner. No other biosolids shall be spread on these sites.
The contractor shall establish biosolids application schedules and submit them to Owner
before application occurs.
By September 30 of each year, the contractor shall update the 5 -year biosolids
management plan and submit the plan to the City for review. The plan shall identify the
anticipated land requirements and parcels of land to receive biosolids in the subsequent
year. Copies of required agreements and leases with third -party property owners shall
be filed annually with Owner. The agreements and leases shall be obtained by the
contractor and shall clearly identify that it is the contractor's intended purpose to dispose
of dewatered biosolids on the property of the third party.
If it becomes necessary for the contractor to lease or rent land for the application of
biosolids, the land shall be rented at the contractor's expense.
E. BIOSOLIDS DISPOSAL —An annual biosolids report must be submitted by February 19
annually by the contractor to Owner and the DNR. A copy of this report must be
submitted to Owner by January 31 for review prior to submittal to the DNR. This report
contains a record of each site where biosolids were land applied during the previous
year and the total quantity of biosolids applied. The volume of biosolids applied annually
on a site may not exceed that which is necessary to supply the needs of the crop grown
on that site. If approved biosolids application rates or loading limits are exceeded, the
site approval may be rescinded and site and crop monitoring may be required by the
DNR.
If the DNR or Owner requests any soil testing from the land application sites, the
Contractor shall be responsible for all costs associated with the sampling and analyses
as requested. These additional costs may be addressed in the contract.
F. ADDITIONAL REPORTING- The contractor shall report weekly which land parcels are
planned to be used for spreading biosolids in the upcoming week. By the tenth day of
each month, a report shall be submitted showing the quantity of biosolids spread on
each parcel during the previous month. All reports shall be submitted to the WPCP
Director.
G. LANDFILLING -The purpose of this program is to beneficially use biosolids following best
management practices with the primary method being land application of biosolids.
However, if extenuating circumstances beyond the Contractor's control at the WPCP or
at the land application sites results in the storage facility being full to its capacity and
land application is also not feasible, biosolids may be disposed of at the DMASWA
landfill provided that the landfill will accept such material. This material would unlikely be
used beneficially such as cover material at the DMASWA landfill. DMASWA
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management of the biosolids and associated tipping fees shall be determined before the
contract is signed. The Contractor will be responsible for any additional costs including
but not limited to tipping fees associated with this alternative.
H. OFF -SITE STORAGE SITE AND BUILDING —The contractor shall design, build, own,
operate, and maintain the off -site storage building and any required access roadways.
Access shall be maintained by contractor to allow passage of Owner vehicles. The
building shall be located to maximize overall hauling efficiency and minimize the carbon
footprint of the hauling activities. The site shall be located to minimize odor, noise, and
visual complaints. The final location of the site shall be reviewed by Owner.
The building shall have storage capacity appropriate to store biosolids while land
application is not possible, or other provisions shall be made to manage dewatered
biosolids when land spreading is not allowable. The property should be large enough to
accommodate future expansion of the building for year 2030 conditions. Consideration
should be given to using a building plan that can be deconstructed and relocated in the
future.
Minimum requirements for the building include the following:
• The building shall be a structural steel building with suitable watertight concrete push
walls and a concrete watertight floor to allow collection of all leachate generated and
to prevent any inflow of surface moisture.
• Vents shall be provided in the ceiling and at all sides of the building.
• A leachate collection system shall be provided which transports the leachate to an
underground storage tank sized appropriately. The leachate may be injected into
contracted soils if allowed in the biosolids management plan, or disposed at the
WPCP at a location approved by Owner at the published rates for hauled -in waste
acceptance at the WPCP.
• Adequate space shall be provided for the storage of all required equipment.
• The exterior of the building shall be painted and maintained in an attractive manner.
• The building and building site shall conform to all requirements of the DNR and other
governmental agencies.
• Before construction, drawings and specifications shall be reviewed with the DNR for
comments and permit approval. Owner shall also be supplied with drawings and
specifications for review.
The building shall be used to store biosolids generated at the WPCP. No other biosolids
or waste materials shall be stored in this building.
Owner would like to have the first right of refusal to purchase the off -site storage site
and /or building at the end of the contract term.
MONITORING AND TESTING —The contractor shall be responsible for procuring and
analyzing all samples, including biosolids at the WPCP loading point, soil samples at
each application site, and sampling and analysis of biosolids stored in the storage
building site, as required by the DNR. Owner may periodically procure and analyze
samples of biosolids to confirm the accuracy of Contractor's samples. Owner may split
samples with Contractor or collect samples independently. All analyses shall be
completed by a Iowa DNR certified laboratory.
J. CONDITION OF THE BIOSOLIDS —The biosolids are expected to be in the form of
centrifuge dewatered anaerobically digested biosolids, having a solids concentration of
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25 percent +1- 3 percent. Biosolids will be digested in a Temperature Phased Anaerobic
Digestion (TPAD) continuous process. The Dubuque WPCP intends to meet the Class I
sludge criteria by testing; however, this classification will not be available immediately.
Until the Contractor is notified otherwise, the biosolids should be treated as Class II
biosolids and handled in a manner that will meet all the Class II regulatory requirements.
K. LAND APPLICATION PROGRAM- A Land Application Program as required by Chapter
67 of the Iowa Administrative Code shall be developed with input from the Owner
including biosolids best management practices and shall be submitted to the Owner and
accepted by the Owner and DNR prior to commencing any land application activities.
L. REMOVAL PROCEDURE —The contractor shall haul dewatered biosolids from the
WPCP to the land application sites or storage facility at such a rate and in such a
manner so as not to interfere with the plant operations. Hauling from the plant shall be
scheduled as dewatered biosolids are produced. Plant staff intends to operate
dewatering processes during normal hours (7:00 AM - 4:00 PM) Monday through Friday;
however, the Owner is open to an alternative schedule and may operate 24 hours a day
for one to three days per week to gain the benefit of off peak electricity pricing. The
Contractor should provide alternative pricing if either operating scenario would affect the
pricing.
The contractor shall provide the necessary equipment and facilities to ensure its ability to
perform the removal operations. Both Owner and contractor shall mutually cooperate to
ensure minimum disruption to the activities of the other. The contractor -owned
equipment shall not be stored at the plant without prior written authorization of Owner.
Your proposal should include a list of storage requirements for Contractor equipment.
Owner shall convey dewatered biosolids to the contractor's vehicles as shown on the
contract drawings for the load out facility (attached). Excess biosolids shall be removed
from the vehicle exterior by the contractor to prevent spillage during transportation.
Tarps or other covering mechanisms must be used at all times during transportation of
biosolids.
The contractor shall be responsible for all damage to City -owned property.
M. APPLICATION PROCEDURE —The contractor shall determine the appropriate biosolids
spreading rate on each approved application site based on the analyses of the biosolids
and soil, soil type, crop, and other pertinent factors. The contractor shall be responsible
for spreading the biosolids as evenly as possible on the fields and for incorporating the
biosolids to meet any accepted EMS, regulatory and vector attraction reduction
requirements.
N. ODOR CONTROL —The contractor shall provide a plan to implement odor control at the
off -site storage building if needed. The doors to this facility are to be closed at all times
unless biosolids are being loaded or unloaded or other work is being performed in this
building.
The contractor shall implement all measures necessary to control odors during
transportation, at the off -site storage building, and at the application site.
O. VEHICULAR TRAFFIC —The contractor's activities shall conform to all of the regulatory
requirements for transporting biosolids by truck, including seasonal weight limits. The
contractor shall be aware of all local ordinances and state regulations governing its
trucking activities. All road repairs needed as a result of transporting biosolids shall be
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the responsibility of the contractor. A City of Dubuque ordinance requires that vehicles
use state highways where possible. The selected contractor is expected to comply with
this and all other local ordinances unless a variance is negotiated.
The contractor shall choose routes to minimize its traffic through residential areas. All
trucks used for hauling and application shall have suitable mufflers, in good working
condition, to minimize noise.
P. ACCESS TO PROPERTY —The contractor shall be responsible for obtaining access to
the application sites. Owner employees are to have access to the application and off -site
storage sites to inspect operations and to observe operations.
Q. HEALTH AND SAFETY STANDARDS —It shall be the contractor's responsibility
throughout the project period to maintain a safety and accident prevention program that
exceeds the requirements of federal, state, and local codes, and of all other authorities
having jurisdiction over this work. The Administrative Code of the Iowa Division of Labor
Services, as well as the Safety and Health regulations for construction as issued by the
Secretary of Labor under the Occupational Safety and Health Act of 1970, 40 U.S.C.
327, et seq, (OSHA), shall be complied with where applicable to the work. The
contractor shall comply with the treatment plant safety requirements, as well as any
other plant health and safety requirements, while on the plant site.
R. SANITARY FACILITIES —The contractor may use the toilet facilities at the WPCP. If
regulatory agencies require the contractor to have other sanitary facilities, it shall be the
contractor's responsibility to provide these facilities.
S. ADMINISTRATIVE FACILITIES —The contractor may lease administrative facilities at the
plant including office space, break room, and locker room facilities at an agreed upon
price. If regulatory agencies require the contractor to have other facilities, it shall be the
contractor's responsibility to provide these facilities.
T. REMOVAL OF SNOW —The contractor shall be responsible for the removal of snow at
the WPCP as necessary for their operations, at the off -site storage facility, and from
those sections of fields where spreading is to occur.
U. RESTORATION OF SURFACE —All surfaces at the plant which have been disturbed by
the contractor in the performance of its work must be restored within 30 days by the
contractor to the condition in which they were found prior to the beginning of the work,
reasonable wear is excluded.
V. CLEANING UP WORK —The contractor shall at all times keep the loading bays and all
storage and land application sites, including all public and private property involved in, or
adjacent to the work, free from any rubbish, surplus, or loose materials that have been
deposited by its employees, or which have accumulated as a result of the work. The
contractor shall be responsible for the removal of any spillage on public or private
property, including property along the transportation route.
W. DUST CONTROL —The contractor shall take necessary measures to control dust and
other nuisances generated by its operation.
X. VECTOR CONTROL —The contractor shall take necessary measures to minimize the
presence of vectors such as flies, mosquitoes, and rats at the off -site biosolids storage
facility and land application sites.
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Y FAILURE TO FULFILL / PERFORMANCE BOND— The selected contractor shall provide
performance surety (performance bond) in a form acceptable to Owner to insure the
contractor's performance under this project. The performance surety shall be renewed
annually, and shall be in an amount equivalent to the projected total biosolids hauling
and disposal costs for the following 12 months of operation. This may be calculated as
the unit cost of biosolids ($ /wet ton) multiplied times the estimated wet tons of biosolids
generated over the following 12 months plus any regular fixed costs being paid as part of
Contractor's compensation.
If the contractor is unable to fulfill any portion of the contract, Owner reserves the right to
take any measures necessary to implement the biosolids management program,
including awarding the project to another qualified contractor and charge any reasonable
costs incurred to the contractor. Owner shall provide the contractor with written notice of
any alleged failure to perform and allow the contractor reasonable time, not to exceed 30
days, to correct the problem. Any transport, storage, and /or disposal of biosolids that is
not in conformance with a contract negotiated subsequent to this proposal, without prior
written authorization from Owner, shall be at the contractor's sole risk.
Z. INSURANCE —The selected contractor shall provide evidence of insurance coverage in
conformance with the insurance requirements of Owner (see attached schedule).
AA. FORCE MAJEURE— Neither Owner nor the contractor shall be liable for delay or default
in performance hereunder to the extent such delay or default is a result of the acts of
God, including inclement weather conditions that hamper or preclude field spreading of
biosolids, access to WPCP, or the acts of any governmental agency, war, labor
disturbance, or any other cause beyond the control of the party whose performance is
thereby delayed or prevented.
BB. PROHIBITION AGAINST FUTURE LAND SPREADING —If any agency having
jurisdiction prohibits the agricultural application of biosolids during the term of this
contract, the contract may be renegotiated to provide for an alternate disposal method. If
the contractor cannot provide an alternate disposal method, Owner, in its sole discretion,
may terminate project.
CC. RECORDS DISCLOSURE —The contractor shall make available to Owner all records
regarding biosolids spreading on agricultural lands; said records shall be identified in
advance by Owner, and the contractor shall be notified in that regard.
DD. CONTRACT DISSOLUTION — Agreement will include provisions for dissolution or buyout
of the contract should it need to be terminated prior to the original term. Such terms and
conditions will be determined as part of the contract negotiations.
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