ML102040514

Application for State Operating Permit (SOP) for Pump and Haul Activities

ML102040514
Person / Time
Site:	Sequoyah
Issue date:	07/16/2010
From:	Church C Tennessee Valley Authority
To:	Urban R NRC Region 1
References
Download: ML102040514 (27)

Text

Tennessee Valley Authority, Post Office Box 2000. Soddy Daisy, Tennessee 37384-2000 July 16, 2010 Dr. Richard Urban Chattanooga Environmental Field Office Division of Water Pollution Control State Office Building, Suite 550 540 McCallie Avenue Chattanooga, Tennessee 37402-2013

Dear Dr. Urban:

TENNESSEE VALLEY AUTHORITY (TVA) - SEQUOYAH NUCLEAR PLANT (SQN) -

APPLICATION FOR STATE OPERATING PERMIT (SOP) FOR PUMP AND HAUL ACTIVITIES Enclosed is the application for a Pump and Haul SOP for disposal of domestic wastewater generated from remote buildings not connected to Moccasin Bend Wastewater Treatment Plant. See the enclosed site map for locations. Holding tanks are to be pumped once per week or every other week depending on need and actual flow rates.

TVA has a contract (Contract No. 3201) with a licensed hauler, Friars Septic Service, LLC, to pump and haul domestic wastewater to the Moccasin Bend Wastewater Treatment Plant.

Enclosed with the SOP application, you will find Friars Septic Service, LLC, contract with TVA, Friars Individual Truck Discharge Operation Permit Application to Moccasin Bend, and Friars Septic Service Truck Discharge Operation Permit from Moccasin Bend.

!fyou have any questions or need additional information, please contact Stephanie Howard at (423) 843-6700 of Sequoyah's Environmental staff.

Sincerely, Christopher R. Church Site Vice President Sequoyah Nuclear Plant Enclosure cc (Enclosure):

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555 Qiooi

Tennessee Department of Environment and Conservation Division of Water Pollution Control 401 Church Street, 6'h Floor L & C Annex Nashville, TN 37243-1534 (615) 532-0625 APPLICATION FOR A STATE OPERATION PERMIT (SOP)

Type of application: E New Permit E] Permit Reissuance El Permit Modification Permittee Identification: (Narnie of city, town, industry, corporation, individual, etc., applying, according to the provisions of Tenhessee Code Annotated.

Section 69-3-108 and Regulations of the Tennessee.Water Quality Contrbl Bodrd.)

Permittee Name Tennessee Valley Authority, Sequoyah Nuclear Plant (applicant):

Permittee Address: Sequoyah Access Road, P.O. Box 2000, Mailstop OPS-4A-SQN, Soddy Daisy, Tennessee 37384 Official

Contact:

Title or Position:

Christopher R. Church Site Vice President, Sequoyah Nuclear Plant Mailing Address: City: State: Zip: -

Sequoyah Nuclear Plant, Sequoyah Access Road, P.O. Box Soddy Daisy TN 37384 2000, M ail stop OPS-4A-SQ Phone number(s):

E-mail:

........ I (423) 843-7001 erchurch@tva.gov Optional

Contact:

Title or Position:

Kenneth Langdon Plant Manager, Sequoyah Nuclear Plant

.. I.. ........

Adrss: I Ct:State: Zip:

Sequoyah Nuclear Plant, Sequoyah Access Road, P.O. Box Soddy Daisy TN 37384 2000, Mails top POB-2A-SQN . . ..

Phone number(s): E-mail:

(423) 843-6502 klangdon@tva.gov

!ApIplicatiion 4Cetifie1a'tioifi(mu~st be"signe incodewth tite'Jeqireet~of Rle 12 '00---5'.

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Name and title; print or type Signature Date Christopher R. Church *"V$/-

Site Vice President, Sequoyah Nuclear Plant CN 1251 (continued) RDA 2366

SOP APPLICATION - page 2 Permit Number: SOP-Facility Identification: .eisting  : . ' ' ~Existingl:

Permit No.

Facility Name: Tennessee Valley Authority, Sequoyah Nuclear Plant County: Hamilton Facliy AdrssLatitude: 35-12-35 or Location: Sequoyah Access Road, Soddy Daisy, Tennessee 37384 Lonitude: 35-05-14 mLoandisanc Longitude: 85-05-14 Name and distance to nearest receiving waters: Tennessee River, mile 483.65 If any other State or Federal Water/Wastewater Permits have been obtained for this site, list their permit numbers:

NPDES Permit: TN0026450 TMSP g.gPermit e m... tC o e aI.................

Coverage:_TNRO50015 g . .. ....0. . 0..... ........ ....

Name of company or governmental entity that will operate the permitted system: Tennessee Valley Authority, Sequoyah Nuclear Plant

...............I..

..................1 1 -....

Operator address: Sequoyah Access Road, P.O. Box 2000, Mailstop OPS-4A-SQN, Soddy Daisy, Tennessee 37384 Has the owner/operator filed for a Certificate of Convenience & Necessity (CCN), or an amended CCN, with the Tennessee Regulatory Authority (TRA) (may be required for collection systems and land application treatment systems)? El Yes [] No Z N/A will be transferred or describe the contractual arrangement and renewal terms of the contract for operations.

N/A Complete the following information explaining the entity type, number of design units, and daily design wastewater flow:

EntitvTvpe Number of Design Units Flow (gl~d)

E] City, town or county E][

[ No. of connections:

No. of homes I Avg. No. bedrooms per home: _

LI School No. of students: f Size of cafeteria(s):

. . .. N.. of showers:

LI Apartment No. of units: No. units with Washer/Dryer hookups:

C eNo. units without W/D hookups:- -

i ess ....... .............

..... ..e....e

.y .f ..

m r i lB s ~ ý o.o .e j y e. :-----T p fbu si e s . .......... .... .......

l CIndustry Co

........ ..[.No....o..n . . .....

of employees:

... .. Product(s)

. . ........ . . . . . . . manufactured:

....... ...... ..............o .s....

nI Resort - No. ofba. us:-

. e r- [N...i-to ............. w .................. ...........................- ................................. ................ - .e.-.e.o w..........

n RV Park - No. of hookups: - I -N-*o-. o-,f-d*u rn- s*t a"ti*o-n"s: ............ . ---- I ECarWash 1.No. of- . --- -- --- --

SOther se eo.ISIC 4911, Electrical Generation __F see below Describe the type and frequency of activities that result in wastewater generation.

1. Daily generation of domestic wastewater servicing Warehouse No. 9 with 1 toilet and I sink. Holding tank is 1000 gallons. Tank is pumped once per week or every other week depending on need. Approximately 100 gpd flow.

2. Daily generation of domestic wastewater servicing the TPS building with 2 toilets, 2 sinks, and shower. Holding tank is 1000 gallons. Tank is pumped once per week or every other week dpending on need. Approximately 100 gpd flow.

3. Daily generation of domestic wastewater servicing the TVA firing range with 3 urinals, 4 toilets and 2 sinks.

Holding tank is 500 gallons. Tank is pumped once per week or every other week depending on need. Approximately 50 2pd flow.

(continued)

SOP APPLICATION - page 3 Permit Number: SOP-Engineering Report (required for' collection systems and/or land application treatment systems): Z N/A

[ Prepared in accordance with Rule 1200-4-2-.03 and Section 1.2 of the Tennessee Design Criteria (see website for more information)

U Attached, or U Previously submitted and entitled: Approved? C Yes. Date: U No Wastewater Collection System: "" N/A.,

System type (i.e., gravity, low pressure, vacuum, combination, etc.):

System

Description:

Describe methods to prevent and respond to any bypass of treatment or discharges (i.e., power failures, equipment failures, heavy rains, etc.):

In the event of a system failure describe means of operator notification:

List the emergency contact(s) (name/phone):

For low-pressure systems, who is responsible for maintenance of grinder pumps and septic tanks (list all contact information)?

Approximate length of sewer (excluding private service lateral):

Number/hp of pump stations: / Number/hp of grinder pumps /

Number/volume of low pressure pump tanks / Number/volume septic tanks /

Attach a schematic of the collection system. El Attached If you are tying in to another system complete the following section, listing tie-in points to public sewer system and their location (attach additional sheets as necessary):

Tie-in Point Latitude (xx.xxxx 0 ) Longitude (xx.xxxx0 )

Lan.d Application Tratmenit'Systemn: EN/A Type of Land Application Treatment System: Drip . Spray . Other, explain:

Type of treatment facility preceding land application (recirculating media filters, lagoons, other, etc.):

.Aj

..trta eatm ch..a~e~t s..9* erp ~ati [ .. ..A .....

.t. e.d.............. ...............

Describe methods to prevent and respond to any bypass of treatment or discharges (i.e., power failures, equipment failures, heavy rains, etc.):

For land application, list: E] Proposed acreage involved: [] Inches/week to be applied:

Describe how access to the treatment area will be restricted if wastewater disinfection is not proposed:

Attach required additional Engineering Report Information (see website for more information)

El Topographic map (1:24,000 scale presented at a six inch by six inch minimum size) showing the location of the project including GPS coordinates, latitude and longitude in decimal degrees should also be included.

r_ Scaled layout of facility showing the following: lots, buildings, etc. being served, the wastewater collection system routes, the pretreatment system location, the proposed land application area(s), roads, property boundaries, and sensitive areas such as streams, lakes, springs, wells, wellhead protection areas, sinkholes and wetlands.

U] Soils information for the proposed land disposal area in the form of an extra high intensity soils map (50 foot grid stake). The soils information should include soil depth (borings to a minimum of 4 feet or refusal) and soil profile description for each soil mapped.

U Topographic map of the area where the wastewater is to be land applied with no greater than two-foot contours presented at a minimum size of six inches by six inches.,

U] Describe alternative application methods based on the following priority rating: (1) connection to a municipal/public sewer system, (2) connection to a conventional subsurface disposal system as regulated by the Division of Groundwater Protection. and/or (3) land application.

(continued)

SOP APPLICATION - page 4 Permit Number: SOP-(continued)

SOP APPLICATION - page 5 Permit Number: SOP-Pump and Haul: . . N/A Reason system cannot be served by public sewer: There is currently no WWTP connection available at these locations onsite.

Distance to the nearest manhole where public sewer service is available: N/A When sewer service will be available: N/A

.......................- 1.....................

. I.............. -...1............. .. ... ............... .. .... ...... .........................................

I. .................

Volume of holding tank: two - 1,000 gallon underground tanks and one - 500 gallon above ground tank gal.

Tennessee licensed septage hauler (attach copy of agreement): Friars Septic Service LLC Facility accepting the septage (attach copy of acceptance letter): Moccasin Bend Wastewater Treatment Plant Latitude and Longitude (in decimal degrees) of approved manhole for discharge of septage: N/A Dscribe methods to prevent and respond to any bypass of treatment or discharges (i e., power failures, equipment failures, heavy rains, etc.):

Each locations holding tank is pumped out on a weekly or every over week basis depending on need and pumping frequency is. adequate for volume of waste. Sequoyah has a Spill Control and Countermeasures (SPCC) Plan and Best Management Practices (BMPs) that would be employed in the event of a spill or discharge.

Holding Ponids(for non-dom'estic wastewater only): yN/ ,

Pond use: E] Recirculation EL]Sedimentation [lCooling -]Other (describe):

Describe pond use and operation:

If the pond(s) are existing pond(s), what was the previous use?

Have you prepared a plan to dispose of rainfall in excess of evaporation? El Yes E] No If so, describe disposal plan:

Is the pond ever dewatered? E] Yes [3 No If so, describe the purpose for dewatering and procedures for disposal of wastewater and/or sludge:

Is(are) the pond(s) aerated? [] Yes El'No Volume of pond(s): gal. Dimensions:

Is the pond lined (Note if this is a new pond system it must be lined for SOP coverage. Otherwise, you must apply for an Underground Injection Control permit.)? D_ Yes El No Describe the liner material (if soil liner is used give the compaction specifications):

Is there an emergency overflow structure? El Yes El No Ifso, provide a design drawing of structure.

Are monitoring wells or lysimeters installed near or around the pond(s)? El Yes [E No If so, provide location information and describe monitoringprotocols (attach additionalsheets as necessary):

(continued)

SOP APPLICATION - page 6 Permit Number: SOP-EN/A Mobile Wash Operations: Operations: J'Z N/A E Individual Operator E] Fleet Operation Operator Indicate the type of equipment, vehicle, or structure to be washed during normal operations (check all that apply):

S] Cars [] Parking Lot(s): sq. ft.

[] Trucks [] Windows: sq. ft.

LI Trailers (Interior washing of dump-trailers, or tanks, is prohibited.) [ Structures (describe):

Wash operations take place at (check all that apply):

LI Car sales lot(s) El Public parking lot(s)

[] Private industry lot(s) E] Private property(ies)

E] County(ies), list: LI Statewide Wash equipment description:

L1 Truck mounted F1 Trailer mounted E] Rinse tank size(s) (gal.): E] Mixed tanks size(s) (gal.):

El Collection tank size(s) (gal.): Number of tanks per vehicle:

Pressure washer: psi (rated) gpm (rated) Pressure washer: [] gas powered E electric Vacuum system manufacturer/model: Vacuum system capacity: inches Hg Describe any other method or system used to contain and collect wastewater:

List the public sewer system where you are permitted or have written permission to discharge waste wash water (include a copy of the permit or permission letter):

Are chemicals pre-mixed, prior to arriving at wash location? El Yes [ No Describe all soaps, detergents, or other chemicals used in the wash operation (attach additional sheets as necessary):

Chemical name: Manufacturer: Primary CAS No. or Product No.

t~i.

i i OFFICIAL STATE USE ONLY Received Date Pennit Number Field Office Reviewer SOP

CONTRACT NO.: 3201 CONTRACT AMOUNT: $200,000 AWARD DATE: March 23, 2010 CONTRACT TERM: March 23, 2010 through March 22, 2013 TENNESSEE VALLEY AUTHORITY FOR SEPTIC SERVICES AT TVA NUCLEAR FACILITIES This CONTRACT, effective March 23, 2010 by and between FRIARS SEPTIC SERVICE LLC (hereinafter called "Contractor"), and the TENNESSEE VALLEY AUTHORITY (hereinafter called "TVA");

IN CONSIDERATION of the mutual covenants hereinafter contained, the parties agree to the provisions specified in Commercial Conditions, Special Conditions, General Conditions, and Attachments hereto.*

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officials.

• In the event of a conflict between the provisions specified hereto, the order of precedence is Special Conditions, Commercial Conditions, General Conditions, and Attachments.

TENNESSEE VALLEY AUTHORITY FRIARS SEPTIC SERVICE LLC By By Title Title Date Date Date Date

WORKSCOPE PROVIDE SEPTIC TANK PUMPING AND OTHER RELATED SERVICES AS REQUESTED BY TVA.

NO MINIMUM WORK IS GUARANTEED UNDER THIS CONTRACT.

ASSIGNMENT This Contract or any interest thlerein or in any moneys due or to become due shall not be assigned, used as collateral, or otherwise disposed of without previous written consent of TVA's Contracting Officer.

AUDIT RIGHTS

• Contractor shall keep accurate records and books of accounts in machine readable form supporting the items and costs billed under this Contract. TVA, or its agents, shall have the right to audit without restrictions and at no additional cost to TVA, at any time during normal working hours, all costs incurred by Contractor and billed to TVA and may examine Contractor's records specifically relating thereto. Any payments to Contractor which are not in accordance with Contract terms or are not supported by valid evidence shall be refunded to TVA. If TVA makes an overpayment to Contractor as a result of Contractor overbillings, Contractor shall be liable to TVA for interest on the amount of such overpayment, to be computed (1) for the period beginning on the date the overpayment was made to Contractor and ending on the date Contractor repays the amount of such overpayment to TVA, and (2) at the rate or rates identified in the Prompt Payment Act. Contractor shall preserve and make available its records, both manual and those which are in machine readable form, for a period of 3 years from the date of final payment by TVA.

CHANGES TVA's Contracting Officer may at any time, by written notice, and without notice to the sureties, make changes in the work within the general scope of this Contract, including but not limited to changes: (1) in the drawings, designs or specifications; (2) in the method or manner of performance of Contractor's work; (3) in TVA's furnished facilities, equipment, materials, services or site; (4) di.recting acceleration or deceleration in the performance of Contractor's work. If such changes cause an increase or decrease in the amount of work under this Contract or in the time necessary for its performance, an equitable adjustment will be made in the price or the time allowed for performance, or both, and the Contract shall be modified in writing accordingly. TVA shall not be liable for increased costs in connection with any changes or delays, whether in tort or in Contract, except as specifically provided herein.

Contractor must assert its claims for adjustments under this clause within 30 days from the date the change is ordered, and in the meantime Contractor shall proceed with the work as so changed. No claims will be accepted after 30 days unless TVA's Contracting Officer so chooses. In no case shall a claim be considered after final payment under this Contract. All unchanged work shall proceed as required in the Contract. If at any time Contractor believes that acts or omissions by TVA constitute a change to work not covered by a change notice, Contractor must notify TVA in writing within 14 calendar days from its discovery in order for the request to be considered.

COMPENSATION AND INVOICING A. Price: For the satisfactory completion and acceptance by TVA of the deliverables described in scope of work, TVA agrees to pay Contractor according to the following firm fixed price schedule. This price shall be fixed and is not subject to change except pursuant to a fully executed written supplement to this Contract.

Price Schedule Septic Tank Pumping - $200/tank Empty Portable Bathroom - $180 Clean Cafeteria Grease Pit - $250 Wait time - $50/hr Contractor shall invoice and be paid for work performed in accordance with the terms of the attached Purchase Order and any revisions thereto. WVA authorized transportation and subsistence expenses incurred in connection with this contract shall be subject to, computed, and paid in accordance with the lesser of Contractor's standard policy or TVA's Travel Regulations available from TVA's Procurement Internet Site at http://supplier.tva.gov or from the Contracting Officer upon request..

TVA's payment to Contractor for costs allowable under this Contract shall be made as described below.

A. Delivery and performance must be complete and in accordance with all terms, conditions, and specifications in the Contract. Payment after such delivery, performance, and acceptance will be made by electronic fund .

transfer (after completing a TVA Electronic Vendor Payment Form) not more than 45 calendar days after receipt of proper invoice(s) submitted not more than once monthly. For the purposes of this provision only, "proper invoice" means a numbered and dated invoice, containing the Contract number and release number (if applicable) and itemized amounts as detailed in this provision, together with any documentation required to be submitted by the Contract.

B. Each invoice submitted to TVA shall include the following certification signed by an authorized representative of Contractor:

"Contractorcertifies that, to the best of its knowledge and belief, all information containedin this invoice is true and correct, that all charges and expenditures reported herein were made and incurredin accordance with the provisions of Contractnumber 3201 and have been actuallypaid by Contractor,and that payment has not been received from TVA or otherwise paid or reimbursedto Contractorby any other party."

C. All invoices, including supporting documentation, shall be submitted electronically to Tennessee Valley Authority in a single .PDF or .TIF file at accountspayable*,tvaqov. If Contractor is without email capability, Contractor may, with Contracting Officer's approval, mail hard copy invoices to TVA Accounts Payable, P.O. Box 15500, Knoxville, TN 37901-5500.

D. Contractor's invoice for final payment for services performed under this contract must be submitted to TVA within 30 days of the ending date of the Contract in order to be considered for payment. However, if circumstances beyond Contractor's control preclude accurate collection of all costs within 30 days, Contractor shall notify TVA's Contracting Officer of the problem in writing within the 30-day period and such notice shall also include an estimate of the final cost and the anticipated final billing date.

Payments under this Contract are subject to the provisions of the Prompt Payment Act.

CONTRACT INTERPRETATION AND DISPUTES TVA is a corporate agency and instrumentality of the United States and this Contract shall be governed by and construed under Federal law. In the event Federal law does not provide a rule of decision for any particular disagreement, the law of the State of Tennessee shall apply; provided, however, in no event shall Tennessee's choice of law provisions apply. All questions concerning interpretation or clarification of this Contract shall be immediately submitted in writing to TVA's Contracting Officer for resolution. Pending resolution of any dispute, Contractor shall proceed with the work in accordance with the determinations, instructions, and clarifications of TVA's Contracting Officer. The parties will use their best efforts to resolve disputes informally at the lowest possible levels of decision making, and consensual alternative dispute resolution processes may be used. The parties agree that any lawsuit between them that asserts a claim or claims arising out of or related to this Contract (whether sounding in Contract, tort, or otherwise) shall be filed and litigated to conclusion only in the United States District Court for the Eastern District of Tennessee, and each party hereby consents to the jurisdiction and venue of that court for all such lawsuits. The parties further agree that in any such litigation (1) each will stipulate to have a United States Magistrate Judge conduct any and all proceedings in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, and (2) each will waive any right it may have to a trial by jury. The parties further agree that in cases involving damages claims, the parties will simultaneously exchange their final positions regarding reasonable damages amounts 30 days prior to trial and will request the Magistrate Judge, if there is a finding of liability, to determine for each claim for which there is liability which final damages position is more reasonable based on the evidence of record and to award as damages the amount of the more reasonable final position. This provision is not a "disputes" clause within the meaning of the Contract DisputesAct, 41 U.S.C. §§ 601-613, and this Contract is not subject to that Act.

DELAYS, REMEDIES, AND WAIVERS If Contractor does not meet Contract performance schedules, or maintain adequate progress, within the time specified regardless of reason, TVA's Contracting Officer may terminate Contractor's right to proceed with all or any part of the Contract and may complete the Contract by whatever method TVA's Contracting Officer deems prudent, charging against Contractor (and its sureties, if any) any excess cost. However, if Contractor, within 7 calendar days from the beginning of any delay, notifies WVA's Contracting Officer in writing of causes of delay, Contractor's right to proceed shall not be terminated when TVA's Contracting Officer determines, in his or her sole judgment, delay is due to unforeseen causes beyond Contractor's control and without its fault, such as strikes, quarantines, embargoes, floods, or acts of God. Within seven (7) days after the cessation, of any such delay, Contractor shall file a written notice with WVA specifying the duration of the delay. Failure to give any of the above notices shall be sufficient ground for denial of any extension of time. If TVA determines that the delay was unforeseeable and that it was

beyond the control of and without the fault or negligence of Contractor, TVA will determine the duration of the delay and will extend the time of performance accordingly.

Contractor's delays due to delays of its subcontractors or suppliers, whether party to the Contract or not, will not be excusable unless (1) delay was also due to causes beyond their control and without their fault, and (2) goods or services could not have been procured in the open market. Determination of causes and extension of time are final and conclusive except as challenged in writing by Contractor within 30 days. Even if a delay is excusable, TVA's Contracting.Officer may terminate Contractor's right to proceed if termination would be in TVA's best interest. In such case, Contract shall be equitably adjusted and modified accordingly. Failure to agree to adjustment shall be a dispute concerning a question of fact. To allow or require completion of Contract after specified completion time shall not constitute an extension of time or a waiver of any right or remedy TVA may have because of Contractor's delay.

No extension of time shall release Contractor's sureties from their obligations. No waiver of any breach of this Contract shall waive any other or subsequent breach. No time limits in this Contract shall be waived by TVA's Contracting Officer's consideration of any untimely notice or information by Contractor. All rights and remedies afforded TVA shall be cumulative, that is, in addition to every other right and remedy provided under this Contract or by law. Contractor's sole remedy for delays shall be an extension of time.

ENTIRE AGREEMENT This Contract embodies the entire agreement between TVA and Contractor and supersedes all other communications, either oral or written. The parties shall not be bound by, or be liable for any statement, representation, promise, inducement or understanding not set forth herein. No amendments or modifications shall be valid unless incorporated into the Contract in writing.

FACILITIES TO BE PROVIDED BY TVA To the extent available and to the extent Contractor's usage does not interfere with TVA's or any other Contractor's activities, to be determined solely by TVA, the following facilities will be furnished at no additional cost to Contractor by TVA:

1. water from TVA's water system at existing outlets;

2. electricity at existing outlets;

3. compressed air at existing outlets;

4. temporary parking facilities; and

5. limited use of elevators for routine personnel use only. Elevator use shall be coordinated with the onsite representative. Elevators shall not be used to transport equipment, materials, or supplies unless approved by TVA.

An uninterrupted supply of water, electricity, and air is not guaranteed; and TVA does not guarantee outlets to be functional. These items are provided as a matter of courtesy, and this shall not create any obligation by TVA to provide such items. It is Contractor's responsibility to obtain utility services, equipment, and materials necessary to perform the contract in the event these are not available from TVA.

HEALTH AND SAFETY A. Standards. No person employed by Contractor or any subcontractor employed pursuant to this Contract to work at a TVA-controlled project or worksite, shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his safety or health. In order to provide the necessary controls for protection of employees and prevention of damage to property and to avoid work, Contractor shall comply with the provisions of Section 107 of the Contract Work Hours and Safety Standards Act (CWHSSA) (this contractual reference to CWHSSA does not apply to contracts for commercial items as defined at 41 U.S.C. 403(12),

although provisions of CWHSSA itself may still apply), and the Occupational Safety and Health Act of 1970 (OSHA) regulations, and such other requirements for the protection of health or safety as may apply; provided that Contractor shall comply with such additional specifications including TVA supplemental standards and site specific requirements relating to safety and health. In the event of conflict between OSHA regulations and the TVA specifications, the more stringent shall apply. It shall be the responsibility of Contractor and any subcontractor to initiate and maintain such programs as may be necessary to comply with the foregoing requirements; to provide for frequent and regular inspection of the job sites, materials, and equipment; to identify and prohibit work in an unsafe or unhealthful work place, including the use of unsafe machinery, tools, materials, or equipment; and to permit only those employees qualified by training or experience to operate equipment and machinery.

B. Contractor shall ensure compliance by its subcontractors.

C. If the TVA Technical Contract Manager determines a potential hazard in the work, Contractor, prior to commencement of the work, will: (1) submit a safety and health plan describing how it proposes to promote health and safety in the work environment; such plan must be approved by the Technical Contract Manager prior to the start of work by Contractor; and (2) meet in. conference to discuss development, implementation and coordination of Contractor's safety and health program in conjunction with Contract requirements. Evaluation and approval of Contractor's safety and health program shall not affect Contractor's obligations under the indemnity provision of this Contract.

D. Contractor and its subcontractor shall maintain an accurate record of all accidents and occupational diseases in accordance with the provision of 29 C.F.R. pt. 1904. In addition, Contractor shall maintain such records as required by TVA of the costs for repairing or replacing property, materials, supplies, and equipment damaged in accidents occurring under this Contract.

E. Contractor shall retain a representative onsite at all times while work is in progress who shall be responsible for Contractors safety and health program and who shall have authority to correct hazardous conditions. Contractors representative shall respond promptly to TVA in order to reduce or eliminate conditions which in the opinion of TVA constitute or appear to threaten life, health or property.

F. Contractor shall build and maintain such temporary bridges, roads, and other means of passage as are necessary and not otherwise provided by TVA; shall provide for convenient access to the worksite and adjacent private property which may be affected by the work; and shall provide such temporary fences or guards as may be necessary to keep livestock on adjoining property from entering the lands occupied by the work. Contractor shall also provide such barricades, warning signs and lights, watchmen, etc., as are necessary to protect the public and the work. Should conditions arise on the work, which require that immediate and unusual provisions be made to protect the public from danger or loss of damage due directly or indirectly to the prosecution of the work, Contractor shall make the necessary provisions. Contractor shall be responsible for the sufficiency and safety of all such temporary works and provisions and shall be responsible for all damage resulting from their insufficiency.

Contractor shall not disturb, close, or obstruct any existing highways or other communications systems until permission therefore has been obtained from TVA.

G. Contractor shall keep work area, including storage areas, reasonably free from hazardous and unsanitary waste or rubbish,and prior to completion of the work, shall remove any rubbish tools, scaffolding equipment, and material not the property of TVA from the premises. Upon completion of the work, Contractor shall leave the work and premises in a clean, neat, and workmanlike condition satisfactory to TVA.

H. Contractor shall ensure that the foregoing provisions are complied with at all times; provided, however, the WVA TCM shall have the right (but not the duty) to inspect Contractors operations as he or she deems appropriate to assure that these health and safety requirements are being met. In the event that apparent deficiencies in complying with the foregoing provisions are brought to the attention of TVA through such inspections or otherwise, TVA will promptly notify Contractor. Upon receipt of such notice Contractor shall immediately take such action as may be required to determine the existence of and to correct deficiencies. If Contractor fails or refuses to correct an unhealthful or unsafe condition, TVA shall issue an order stopping all or part of the work being performed under this Contract until satisfactory corrective action has been taken. No part of the time lost as the result of any stop order' shall be the subject of a claim for extension or for excess costs or damages by Contractor. Any stop order issued by TVA shall apply to work performed by any subcontractor as well as by the prime Contractor under this Contract.

TVA may require removal of any person(s) from a TVA work location (regardless of the status of such person as an employee of Contractor or any subcontractor) if, in the opinion of TVA, the presence of such person(s) endangers the safety or health of others.

TVA shall have the option to examine the site of any accident immediately following its occurrence to determine the (1) cause(s) of such accident; (2) degree of personal injuries; (3) damage to TVA-owned property; (4) effect of such accident upon completion of the work; and (5) other pertinent information. TVA shall have the authority to question any persons having knowledge relative to or present when such accident occurred, including employees and agents of.Contractor and all subcontractor(s).

J. Any person employed by Contractor or by any subcontractor in the performance of work at a plant or jobsite owned or controlled by TVA shall wear respiratory protective equipment when required by the TVA procedures for safety or health considerations and, therefore, shall be required to be clean shaven in the area between the sealing surface of the device and the face. Any person requiring the use of corrective eyewear shall alsobe required to have special respirator glasses when reporting to work in order to be mask-fitted promptly. Any person employed by Contractor or by any subcontractor refusing to comply with this requirement shall be denied

access to plant facilities. No part of the time lost as the result of any denied access to plant facilities shall be the subject of a claim for extension, excess costs, or damages by Contractor or any subcontractor.

INDEMNITY Contractor, by entering into agreement for the scope of work covered by the Contract, acknowledges awareness of the location, nature and hazards of such work scope. As such, Contractor releases TVA, its agents and employees, from all liability for Contractor's personal injuries, property damage, or loss of life or property arising out of or in any way connected with the performance of this Contract. Contractor shall indemnify and defend TVA, its agents and employees, and save each of them harmless from any and all liability to Contractor's employees or any third parties for personal injuries, property damage, or loss of life or property resulting from or in any way connected with the performance of this Contract. However, the foregoing indemnification shall not apply to injuries or damages to persons or property for which the proximate cause is the sole negligence of TVA, its agents or employees.

Contractor shall bear all expenses incurred by TVA, its agents or employees, in defending all claims and action for damages arising out of the foregoing injuries, damages or losses, and shall pay all judgments that may be rendered in such actions, except where the proximate cause of such injuries, damages, or losses was the sole negligence of TVA, its agents or employees.

Contractor shall defend and save harmless TVA from all claims for material furnished or work done and shall promptly discharge the same and not suffer any mechanics or other liens to remain outstanding against any of the property used in connection with the work. Furthermore, Contractor shall, on request, furnish satisfactory evidence that all persons who have done work or furnished materials have been fully paid. Contractor shall pay TVA the cost, including overhead, of any services or materials provided by TVA to any persons, including subcontractors, engaged in carrying out any of Contractor's obligations in connection with this Contract. TVA reserves the right to withhold from any sums due Contractor sufficient sums to satisfy all such claims. If after written notice from TVA, Contractor fails to satisfy such claims, TVA may adjust and pay the same upon a fair and reasonable basis out of any withheld funds.

Contractor shall be an independent Contractor for all purposes of this Contract, and all persons engaged in fulfilling Contractor's obligations under the Contract shall be the servants of Contractor or its subcontractors and not the servants or agents of TVA. Nothing contained in this Contract or any subcontract awarded by Contractor shall create any contractual duty of TVA to Contractor's subcontractor(s).

Contractor shall comply with Federal, State, and local laws (including regulations) affecting performance of its obligations under this Contract and wilt indemnify and defend TVA from all liability resulting from its violation of such laws, regardless of whether TVA and Contractor are determined to be joint employers or co-employers. Contractor is responsible for ensuring compliance, including compliance by its subcontractors, with applicable compensation laws, rules, and regulations such as Fair Labor Standards Act.

INSURANCE Unless otherwise specified in this Contract, Contractor shall secure and maintain in effect, at all times during the performance of work, insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to TVA. Contractor shall deliver to TVA no later than ten (10) days after execution of the Contract, and in any event prior to commencement of work on a TVA site, a completed Certificate of Insurance, attached hereto. Contractor shall also furnish certified copies of the policies to the Contracting Officer promptly upon TVA's request.

The insurance to be provided hereunder shall be written by one or more nationally reputable insurance companies authorized to do business in Alabama, Kentucky, Tennessee, Georgia, Mississippi, Virginia, North Carolina, as appropriate, which shall be rated "A" or better by A.M. Best Company.

Coverage Minimum Amounts and Limits

1. Workers Compensation Part A. Statutory requirements Part B. Employer's $100,000 each Liability occurrence

2. Commercial General Liability Combined Single Limits $1,000,000 each occurrence

3. Automobile Liability (owned, hired, and non-owned)

Combined Single Limits $1,000,000 each occurrence Note: Deductibles or retention amounts under the policies described above shall not exceed 5 percent of the per occurrence coverage limits, without the express written consent of the Contracting Officer.

A. TVA is not maintaining any insurance on behalf of Contractor covering against loss or damage to the work or to any other property of Contractor unless otherwise specifically stated herein and as may be described by appendix hereto. In the event Contractor maintains insurance against physical loss or damage to Contractor's construction equipment and tools, such insurance shall include an insurer's waiver of.rights of subrogation in favor of TVA, the United States, and their employees and agents.

The policy of insurance which affords General Liability shall contain a provision or endorsement stating that such insurance (1) applies to the indemnity liability assumed by Contractor under this Contract, subject to all of the terms and conditions of such insurance; and (2) provides coverage for premises/operations, at least 2-year products/completed operations, and other coverages or endorsements required by the Contracting Officer.

C. The General Liability, Automobile Liability, and Excess Liability policies provided under this Contract shall provide for items 1 though 3. The Employers Liability policy shall provide for item 2.

1. TVA, the U.S., their officers, agents, employees, and volunteers are added as additional insureds on a primary noncontributory basis to Contractor's (liability) insurance policies shown above and with respect to any liability of additional insureds arising out of or resulting from Contractor's operations performed for the additional insureds, including, but not limited to, liability of the additional insureds for the general supervision of such operations.

2. It includes an insurer's waiver of rights of subrogation in favor of TVA, the United States, and their employees and agents.

3. It states that it is primary, noncontributory insurance and contains a severability of interest clause.

D. The requirements contained herein as to types and limits, as well as TVA's approval of insurance coverage to be maintained by Contractor, are not intended to and shall not in any manner limit or qualify the liabilities and obligations of Contractor under the Contract.

E. Contractor shall provide at least thirty (30) days written notice of cancellation, expirations, terminations, and material alterations of the insurance policies.

F. Failure by Contractor or its subcontractors to provide and maintain current, valid certificates of insurance throughout the Contract performance period shall be a material breach of Contract for which TVA may exercise any rights or remedies it may have under the Contract or at law, including the right to withhold moneys due and owing Contractor hereunder. In the alternative, TVA may, at its sole option, accept Contractor's written certification that it or its subcontractors self-insure in accordance with applicable workers' compensation laws for all duties, liabilities, and obligations it has or may have under such laws; provided, however, that Contractor must provide to TVA satisfactory written evidence showing that its or its subcontractors' self-insurance plan(s) have been authorized by the appropriate State regulatory entity.

G. Contractor shall require each of its subcontractors to maintain Workers' Compensation insurance at least in accordance with statutory requirements. In the event Contractor requires any of its subcontractors to provide any additional insurance, Contractor shall require that TVA, the United States, their officers, agents, employees and volunteers be named as additional insureds with respect to such insurance, and that such insurance shall provide for the insured's waiver of subrogation rights in favor of TVA, the United States, and their employees and agents.

H. Should any of the work:

1. Be upon or contiguous to navigable bodies of water, Contractor shall also carry insurance covering its employees for benefits available under the U.S. Longshoremen's and Harbor Workers' Compensation Act or Jones Act to the extent required by law;

2. Involve watercraft (27 Ft. or longer) owned or operated by Contractor, liability arising out of such watercraft shall be insured by Protection and Indemnity insurance with a combined single limit not less than $5,000,000 each occurrence. Watercraft less than 27 ft. shall be insured under the Commercial General Liability policy.

If the hull is insured, such insurance shall provide for an insurer's waiver of subrogation rights in favor of TVA, the United States, and their employees and agents;

3. Involve aircraft (fixed wing or helicopter) owned or operated by Contractor, liability arising out of such aircraft shall be insured for a combined single limit not less than $10,000,000 each occurrence and such limit shall apply to Bodily Injury (including passengers) and Property Damage Liability. If the aircraft is insured, such insurance shall provide for an insurer's waiver of subrogation rights in favor of TVA, the United States, and their employees and agents.

4. Involve design and engineering and professional services contracts, a minimum of $5,000,000 of Professional liability (errors & omissions) insurance should be provided. If the Professional Liability policy is written on a "claims made" policy form, Contractor shall arrange for at least two (2) years extended discovery period (tail period) to be incorporated into the policy prior to its termination.

LABOR PROVISIONS If work herein involves craft labor, Contractor and its subcontractors shall comply with the current year labor provisions: Form TVA 1851 (with Exhibit A). The labor documents are available from TVA's Procurement Internet Site at http://supplier.tva.,ov or from the Contracting Officer upon request. Contractor is responsible for ensuring that subcontractors fully comply with these requirements, as appropriate, depending on the nature of the work. Contractor questions regarding the labor provisions should be directed to the Contracting Officer or TVA's Manager, Labor Relations.

LAWS AND REGULATIONS The Contract shall be interpreted under and governed by federal law. However, Contractor and its employees and representative(s) shall comply with all applicable federal, state and local laws, ordinances,,statutes, rules and regulations in effect during performance of work under the Contract. In the event of violation(s) by Contractor, all fines and penalties assessed against Contractor, along with any corrective actions and rework, shall be paid for by Contractor and will not be considered as a reimbursable cost under the Contract. In addition, Contractor indemnifies and holds harmless TVA and the United States and their officers, employees and agents, from any liability resulting from any such violation of law, to the extent that such violations of law are attributable to the action or inaction of Contractor and/or its personnel.

Contractor shall perform all work pursuant to the technical requirements as provided by the Technical Contract Manager (TCM) and applicable laws, codes, rules, and regulations in effect at the time of the services.

If, during the performance of this Contract, Contractor is.impacted by changed or new laws, ordinances, statutes, rules or regulations which are enacted and were not known or foreseeable at the time of signing this Contract, Contractor shall notify TVA in writing of such impact. Such notification shall take place no later than 30 days from the date of enactment of the changes. Documented impacts which affect the cost or time of performance of this Contract may be handled in accordance with the Contract condition, Changes.

If Contractor discovers any discrepancy or inconsistency between this Contract and any law, ordinance, statute, rule, regulation, order or decree, Contractor shall report the same immediately, in writing, to TVA for disposition.

Contractor is responsible for complying with the Fair Labor Standards Act and shall pay the personnel performing services under this Contract in such a way that Contractor is in compliance with the Fair Labor Standards Act. The requirements of this clause are also applicable to Contractor's subcontractor(s) and Contractor, not WVA, shall be solely responsible for ensuring subcontractor compliance with the requirements of this clause.

NONDISCLOSURE Contractor agrees not to divulge to third parties, without the prior written consent of TVA, any information that a prudent business person would consider sensitive or which is designated by TVA as proprietary or confidential, obtained from or through TVA or developed or obtained by Contractor in connection with the performance of this Contract. Access to sensitive TVA information must be approved in advance by TVA's Contracting Officer and Technical Contract Manager.

If so requested by TVA, Contractor further agrees to require its employees to execute a nondisclosure agreement prior to performing any services under this Contract. Notwithstanding the above, the preceding shall not apply if the information was public knowledge, already known by Contractor, was obtained by Contractor from a third party who did not receive the information from TVA, or was independently developed by Contractor's employees who did not have access to such information. This provision shall be made applicable to all subcontractors under this Contract.

NOTIFICATION OF WORK IMPACT Contractor shall promptly notify TVA of any circumstances which prevent completion of work under this Contract or which necessitate modifications to the scope of work, technical requirements, cost, or schedule including those circumstances resulting from the actions or inactions of TVA, Contractor, or others; or any event outside Contractor's control, including, but not limited to, events of force majeure (such as acts of God, fire, accident, severe weather, or labor disputes), or what Contractor believes constitutes differing site condition(s) (before such conditions are disturbed, and before proceeding with any related work); and changes in law or other governmental action.

No adjustment will be made unless the required notice has been given. In rio event shall Contractor incur costs for differing site conditions work without approval of the Technical Contract Manager or his designated representative and authorization to proceed with the work by TVA's Contracting Officer. No adjustment will be allowed due to Contractor's failure to visit the site to acquaint themselves with the existing conditions before submitting offers.

A. The notice shall state, on the basis of the most accurate information available to Contractor:

1. the date, nature, and circumstances of the action, inaction, event; or differing site conditions;

2. the name, function, and activity of each individual involved in or knowledgeable about such action or event;

3. the identification of any documents and the substance of any oral communication involved in such action or event;

4. the particular elements of performance (i..., cost, schedule, technical requirements) for which Contractor is seeking an adjustment and detailed justification for such requested adjustments; and

5. Contractor's estimate of the time by which TVA must respond to Contractor's notice to minimize cost, delay, or disruption of performance.

B. Following submission of the notice per A above, Contractor shall diligently continue performance of work to the maximum extent possible, unless directed otherwise. WVA shall respond to Contractor's written notice and will:

1. confirm that the action or event of which Contractor gave notice constitutes or justifies a change to the contract and redirect Contractor's performance accordingly;

2. notify Contractor that the action or event of which Contractor gave notice does not constitute or justify a contract change or any modification of contract scope, cost, or schedule, and when necessary, direct the mode of further performance; or

3. in the event Contractor's notice information is inadequate to make a decision under subsections 1 or 2 above, instruct Contractor what additional information is required and establish the date by which it should be furnished and the date thereafter by which WVA will respond.

4. Following resolution of notice, WVA shall revise the release, as required, for price, schedule, and such other provisions as may be affected.

D. Failure of Contractor to notify TVA within thirty (30) days of the arising of such event shall be deemed a waiver by Contractor of its right to any compensation or other relief on account thereof.

PATENTS AND COPYRIGHTS Contractor hereby indemnifies and shall hold harmless TVA, and their representatives from all suits, claims, actions, losses, damages, and expenses, including attorney's fees, and at its expense shall defend any suit against TVA, in so far as it is based on the claim of infringement of any United States patent or of any copyright, for any material, equipment, or work furnished under this Contract. TVA shall immediately notify Contractor in writing of any such suit or claim, and permit Contractor to defend same, and give all needed and available information and assistance to enable Contractor to do so. Contractor shall pay all damages and costs finally awarded therein against TVA, but Contractor shall not be liable under any compromise made without its consent. If in any such suit said invention or its utilization by TVA, Contractor, or any party on TVA's behalf is held to constitute infringement, or is otherwise determined to violate any right secured by patent or copyright, Contractor at its expense shall procure for WVA the necessary licenses and right to continued utilization of said invention; provided that, subject to TVA's written approval, Contractor at its expense may replace or modify said invention so that it becomes noninfringing, provided that any substituted or modified equipment, materials, or processes shall meet all the requirements and be subject to this Contract. The aforementioned obligations shall not apply to any equipment, materials, processes, the detailed design of which (excluding rating and/or performance specifications) has been furnished in writing by TVA. Contractor warrants that any information received by TVA under this Contract is without binder of secrecy, and is not under obligation of privilege or confidentiality, to any third party.

PERMITS Contractor shall secure, pay for, and retain all necessary permits and licenses required in connection with this contract..

PREVAILING WAGE AND BENEFIT REQUIREMENTS FOR SERVICES CONTRACT EMPLOYEES If the principal purpose of this contract is to provide services to TVA through the use of service employees, Contractor shall comply with the minimum compensation and related requirements of the Service Contract Act in accordance with the United States Department of Labor. Additional documents are available from TVA's Procurement Internet Site at http://supplier.tva.gov or from the Contracting Officer upon request.

QUALIFICATIONS OF CONTRACTOR'S PERSONNEL Contractor shall ensure that all Contractor's employees and subcontractor's employees utilized on this contract are qualified to perform their assigned work. Contractor shall not employ any person undergoing sentence of imprisonment at hard work, except those exceptions covered by Executive Order 11755. If it is determined that a subcontractor or Contractor's personnel fail to meet TVA's qualifications, performance requirements, or for any other reason fails to

'meet the standards established in this Contract, TVA reserves the right to direct Contractor to discontinue the services of such subcontractor or personnel. TVA shall not be required to provide any justification for such action.

TVA further reserves the right to require Contractor, at no cost to TVA, to review any work provided by such unqualified personnel and, if such work is determined not to be in accordance with the standards established in this Contract, Contractor shall be responsible for reperforming such work at no additional cost to TVA. Notice to Contractor may be given either in writing or orally; if given orally, TVA shall confirm the oral notice in writing within five (5) working days.

TVA has in place an overall security system. Contractor shall become familiar with the security system requirements and ensure compliance by all of its employees. Contractor shall determine that each Contractor employee or subcontractor assigned to perform services at a TVA facility shall be required to undergo medical examination and security investigation as TVA may require. Contractor's employees assigned to perform services who cannot work within any applicable medical restriction imposed, or who do not meet TVA's security requirements, or whose access to the site is denied or revoked, shall not be permitted to perform services for TVA. Additional information on the security system is available from TVA's Procurement Internet Site at http://supplier.tva.qov or from the Contracting Officer upon request.

Contractor will credit to TVA the expenses for Contractor's employees who fail the specified security clearance requirements, the medical examinations and/or fail to meet contractual requirements.

RIGHTS TO TECHNICAL DATA TVA shall have complete and unrestricted ownership rights to all documents, drawings, reports, computer software, and other work products generated, prepared, or provided to TVA by Contractor under this Contract, including the rights to use, copy or otherwise duplicate, disclose or display, modify, or prepare derivative works of such work products in any manner whatsoever and permit others to do the same. Upon request, Contractor shall assign to TVA all copyright ownership in work products produced under this Contract. Technical data and engineering techniques and computer software not generated, prepared or provided under this Contract but utilized for work performed under this Contract shall remain the property of Contractor. However, Contractor shall continue to make available to TVA such technical data and techniques as required to maintain the integrity of work performed by Contractor, including any subsequent necessary modifications. Additionally, Contractor hereby agrees that third party licensed computer software that is not commercially available shall not be utilized for work under this Contract unless appropriate rights for TVA's continued utilization can be obtained at reasonable cost.

SITE WORK Upon arrival at the job-site, Contractor shall notify the Contracting Officer and report directly to the Technical Contract Manager named in the Contract or their designated site representative. Upon final departure from the job-site, Contractor shall notify the Contracting Officer and coordinate processing out with the Technical Contract Manager or their designated site representative in accordance with site procedures. Contractor shall confine its operations to the areas assigned by TVA. The use of any off-site areas shall be at Contractor's expense. Contractor shall coordinate its work with the operations of TVA and other contractors so as to avoid confusion and delay. TVA reserves the right to require Contractor to schedule the order of performance of its work in such a manner as will minimize interference with the work of any of the parties involved. Contractor shall promptly notify TVA of any work impact due to collateral work by others.

Contractor may be required to furnish an inventory list of all equipment brought to the TVA project site. The list will be used by the Technical Contract Manager, or his designated representative, to check equipment onto and off of the job-site.

The possession, transportation, gift, sale, or use of controlled substances, alcohol, explosives, firearms (that are not on site as part of Contractor's performance), or incendiary devices is prohibited at the TVA job-site. In addition to any other remedies TVA may have at law or under this Contract, TVA may require Contractor to prohibit any person violating this provision from further work at the TVA job-site.

TAXES TVA is a Federal Government agency and, therefore, state sales and use taxes are not applicable to materials, supplies, equipment, or services sold directly to TVA. By entering into the Contract, Contractor certifies that no such state sales or use taxes have been included in its offer or the Contract. Contractor is responsible for payment of any other taxes it incurs in performance of this Contract, including sales or use taxes on products installed or consumed by Contractor rather than sold directly to TVA, and for taking all measures to identify and claim any available exemptions or reductions to such taxes (such as exemptions for electrical generating equipment under Tennessee Code Ann. §.67 209(e)). Applicable taxes should be included in Contractor's price. This shall include any applicable Federal Excise taxes or duties. If subsequently enacted additions, deletions, or changes to such taxes affect Contractor's costs under this Contract, prices will be increased or decreased accordingly.

TERMINATION It is expressly understood and agreed by Contractor that TVA has the right to terminate this Contract at any time for any reason, without incurring liability to Contractor for payment beyond the date specified for such termination or for any anticipated costs, fees, or profits; provided, however, that TVA shall reimburse Contractor for services actually provided up to the effective date of termination. Additionally, this Contract may be terminated for cause.

TERMS INCORPORATED BY REFERENCE This contract incorporates certain provisions by reference. These articles and clauses apply, to the extent applicable, as if they were set forth in their entirety. Clauses incorporated by reference are available from TVA's Supplier Portal Internet Site at http://supplier.tva.aov / under "Clauses Incorporated by Reference". The following clauses are incorporated by reference: Affirmative Action and Equal Opportunity; Asbestos Containing Materials; Drug Free Workplace (for contracts with individuals); Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) (for Construction Work in Excess of $10,000); Officials Not To Benefit; Payment of Interest; Small Business Policy; TVA AND CONTRACTOR REPRESENTATIVES WVA's Contracting Officer (Contract Manager/ Procurement Agent) is TVA's duly authorized representative for all purposes until otherwise stated. No changes shall be made without written consent of TVA's Contracting Officer.

Unless otherwise provided, Contractor shall furnish all correspondence regarding this Contract to TVA's Contracting Officer.

TVA's Contracting Officer may designate a Technical Contract Manager (TCM) who will act for TVA in regard to all technical matters under the Contract but has no authority to modify the Contract or to issue direction contrary to the Contract. Communications, technical documents, samples, etc., relative to all technical matters should be directed to the TCM.

WARRANTIES Contractor warrants that all items and/or other work furnished pursuant to this Contract comply with the Contract; are free from latent and patent defects of any kind; are suitable and adequate for their intended purpose(s) including, but not limited to, those purposes stated in the Contract; and will provide efficient and satisfactory service for at least 1 year after first use by TVA in actual service.

Contractor shall, at its expense, reperform, remove, repair, replace, and/or reinstall as necessary all items/work, or portions thereof, which fail to comply with any or all the aforementioned warranties. All costs associated with such reperformance, removal, repair replacement, or reinstallation shall also be borne by Contractor. If it is impractical for WVA to wait for Contractor, WVA may have such actions performed at Contractor's expense.

Items/work, or portion thereof, which fail to comply with the aforementioned warranties may be rejected. Correction shall not extend performance time or preclude any claim by TVA for damages resulting from delay in performance or from any other cause. Operation or use by TVA of items/work, or any portion thereof, shall not constitute a waiver of TVA's rights under this Contract.

Any reperformed or replaced items/work shall be warranted as provided in A through D above. Contractor warrants that all items/work are free from claims, demands, and encumbrances and that it will defend title thereto. TVA shall also be entitled to any manufacturer's or other applicable warranty, and Contractor hereby assigns to TVA the right to enforce any such warranty. The foregoing warranties and remedies are in addition to any specific warranties, guarantees, or remedies contained in this Contract or available at law.

NUCLEAR SITE EMERGENCY PREPAREDNESS Contractor shall ensure its personnel working at or near a TVA nuclear site are made aware of site emergency information regarding accountability and evacuation during a Radiological Emergency. At a minimum this should be accomplished by providing each Contractor employee with a copy of Attachment A to this Contract.

FITNESS FOR DUTY Contractor personnel not requiring unescorted access authorization but who will be performing safety sensitive work such as heavy equipment operation, rigging, diving operations, and/or working in unprotected elevations, shall be subject to non-nuclear pre-employment drug and alcohol testing, if and when requested by the TCM.

For all personnel performing TVA Nuclear (TVAN) work at a TVAN work location, as defined in SPP-1.2, "Fitness for Duty," under this Contract or under subcontracts entered into under this Contract, all personnel with unescorted access to TVA nuclear plants, and all personnel required to report in person to any TVA emergency response center under TVA's emergency plans and procedures (collectively Covered Personnel), Contractor will adhere to TVAN's fitness-for-duty (FFD) requirements, as applicable, set forth by the latest revision of SPP-1.2 and any subsequent revision(s) thereto. Covered Personnel who have been denied access to or removed from work at any nuclear plant as a result of any violation(s) of any FFD program will not be assigned to work as Covered Personnel during the course of this Contract. Contractor may request approval for return to work of such Covered Personnel. However, before Contractor permits such personnel to perform work as Covered Personnel under the contract, TVAN Corporate Nuclear Security must approve the request. Communications between Contractor and TVAN Corporate Nuclear Security, with regard to this subject matter, should be made through the TCM.

Before any Covered Personnel are assigned to TVAN work at any TVAN work location, or to any TVA emergency response center, they shall report to the Check-In Coordinator at the work location and shall receive appropriate training from TVA as a part of TVA's FFD program. Training for Covered Personnel above must be completed at least once every twelve (12) months. During the course of this Contract, Contractors, monthly and/or upon request, will supply the TCM with names of those Contractor employees promoted to manager or supervisor positions (this includes temporary assignments). Contractor agrees to notify TVAN Corporate Nuclear Security within twenty-four (24) hours of becoming aware of any violation of TVA's FFD requirements by any Contractor personnel. Contractor also agrees to allow authorized representatives of the NRC to inspect, copy, or take away copies of any contractor's records, documents, or reports related to implementation of TVA's or Contractor's FFD Program. Contractor shall comply with all applicable NRC requirements related to FFD programs, including but not limited to those in 10 CFR § 26.23. Contractor agrees to include the requirements of this provision in any subcontract(s) related to the performance of this Contract, regardless of tier.

MEDICAL SERVICES TVA is not providing any medical services to Contractor or subcontractor employees. Contractor shall be responsible for ensuring appropriate medical coverage for both Contractor and subcontractor employees in accordance with applicable rules and regulations. In cases involving medical emergencies that are life threatening, TVA, to the extent medical services are available, shall assist in the provision of evacuation to a medical treatment facility.

In the event TVA provides any of the following services: basic first aid and assessment and stabilization and, if appropriate, referral to providers outside TVA of more serious medical cases, including emergency medical cases, and other services for employees of Contractor as authorized and approved by TVA. These medical services will be provided only during the hours, if any, that TVA normally provides medical services at that location, to the extent that the resources to provide them is available, but in no event shall TVA be obligated to provide greater services under this contract than it does to its own employees. In the event WVA provides medical evaluations, TVA's determination will be provided to Contractor.

If medical facilities are made available to Contractor's employees then, in consideration for the use of such facilities and the receipt of such services, Contractor hereby agrees:

A. To release, defend, indemnify and save harmless TVA and the United States, its authorized representatives, successors or assigns, and all of their officers and employees from and against any and all claims, demands, liabilities, including attorney's fees arising from the receipt of such services or the use of such facilities by Contractor's employees, including claims and demands arising out of the sole active negligence of TVA, its agents, officers, employees or its representatives.

B. That upon receipt of any notice from TVA of any such claim, demand, or liability being pursued against TVA, to not only undertake the defense of such claim, demand, or liability but also upon entry of judgment to make any and all payments necessary there under. 2 C. That in the event any of Contractor's employees require off-site medical services, including transportation thereto, Contractor shall promptly pay for such services directly to the providers thereof.

NUCLEAR ENERGY HAZARDS AND NUCLEAR INCIDENTS Prior to, or at the time of shipment of the first nuclear fuel to the TVA nuclear facility, TVA will furnish nuclear liability protection in accordance with Section 170 of the Atomic Energy Act (42 U.S.C. § 2210) and applicable regulations of the Nuclear Regulatory Commission. Should this system of protection be repealed or changed, TVA would undertake to maintain in effect during the period of operation of the plant, to the extent available on reasonable terms, liability protection which would not' result in a material impairment of the protection afforded to Contractor and its suppliers under the existing system.

TVA waives any claim it might have against Contractor or its subcontractors because of damage to, loss of, or loss of use of any property at the site of the TVA nuclear facility resulting from nuclear energy hazards or nuclear incidents.

This~provision shall not affect Contractor's obligation under the "Warranty" provision of this Contract.

TVA will indemnify Contractor and its subcontractors and save it harmless from any claims, losses or liability arising as a result of damage to, loss of or loss of use of any property at the site of the TVA nuclear facility resulting from nuclear energy hazards or nuclear incidents. In return for this indemnification Contractor waives any claim it might have against any third party because of damage to, loss of, or loss of use of its property at the site of the TVA nuclear facility resulting from nuclear energy hazards or nuclear incidents.

The foregoing waiver and indemnification provisions will apply to the full extent permitted by law and regardless of fault. The subcontractors referred to above include any of Contractor's suppliers of material, equipment, or services for the work, regardless of tier.

For purposes of these provisions, the following definitions shall apply: "Nuclear energy hazards" shall mean the hazardous properties of nuclear material. "Hazardous properties" shall include radioactive, toxic, or explosive properties of nuclear material. "Nuclear material" shall include source material, special nuclear material, or by-product material as those are defined in the Atomic Energy Act (42 U.S.C. § 2014). "Nuclear incident" shall have the meaning given that term in the Atomic Energy Act (42 U.S.C. § 2014(q)).

If Contract covers goods or services for nuclear plants, any goods or services which must be repaired, replaced, or installed will be decontaminated without cost to Contractor to the extent necessary to permit it to perform the work.

NUCLEAR PLANT ACCESS Access clearance will be required for all personnel performing work on TVA Nuclear Power property. TVA normally provides escorted access for short-term access requirements, and requires contractors with long-term access needs to comply with the following requirements for unescorted access.

The requirements for unescorted access generally consist of a background investigation, psychological screening (to include a clinical interview with a licensed psychologist, if applicable), fingerprinting, drug/alcohol testing, and successful completion of Plant Access and Fitness for Duty training. These services will be provided by TVA, at TVA expense, unless otherwise specifically addressed herein. Contractor agrees to include the requirements of this provision in any subcontract(s) related to the performance of this contract, regardless of tier.

Contractors with approved access authorization and/or Fitness for Duty programs shall utilize the program to complete the requirements for- background investigations and psychological screening for its employees and subcontract employees in accordance with 10 CFR 73.56; Nuclear Regulatory Commission (NRC) Order for Compensatory Measures Related to Access Authorization, EA-02-261, dated January 7, 2003 (and any

subsequent revisions); and latest revision of Nuclear Energy Institute (NEI) 03-01, Nuclear Plant Access Authorization Program. Contractor bears full responsibility for performing these services in a timely manner to support the schedule requirements of this contract, and shall not be eligible for schedule and/or cost adjustments due to its failure to perform such in a timely manner. Contractors with approved access authorization and/or Fitness for Duty programs shall maintain all records associated with the granting of unescorted nuclear plant access and may not destroy any record without the prior approval of TVA's Nuclear Security.

The time periods described herein must be taken into consideration when Contractor is performing services under this contract. Contractor shall be entitled to receive no price adjustments or be paid no additional compensation for the costs associated with obtaining the access described in this Condition unless the maximum time periods described are exceeded and Contractor's costs are increased as a result. Similarly, the performance period will not be extended unless the maximum time periods described are exceeded and Contractor's time for performance is lengthened as a result.

SUPPLIER CODE OF CONDUCT TVA is entrusted with use of public resources to perform a mission of public service, and must conduct all of its activities with a high level of integrity to maintain public confidence. TVA's suppliers must share this TVA commitment to integrity. TVA's Supplier Code of Conduct applies to all individuals and organizations that supply services or materials to TVA, including managed task contractors, consultants, staff augmentation contractors, and vendors and their employees, agents, and subcontractors. Suppliers/Contractors are expected to educate all of their representatives involved in business with TVA to ensure they understand and comply with TVA's Supplier Code of Conduct, a copy of which is available on TVA's Procurement Internet Site at http://supplier.tva.qov.

CONTRACTOR SECURITY REQUIREMENTS - NUCLEAR SITES Contractor shall comply with requirements of the Immigration Reform and Control Act related to eligibility to work in the United States.

Contractor is required to check all of their employees and all employees of their subcontractors through TVA's Web-based Contractor Security System (WCSS) before permitting them to work on a TVA site. This action identifies individuals who have been denied access or who were terminated for cause from gaining access to a TVA worksite.

For instructions on accessing WCSS, see TVA's Procurement Internet Site at http://www.tva.govlmoreinfo/clauses.htm under "TVA's Contractor Security System Requirements," or contact the TVA Contracting Officer.

Contractor is also required to report employees and subcontractor employees who are discharged for cause from a TVA assignment or have health and safety violations (including, but not limited to positive drug tests tampering/refusal) immediately upon termination utilizing WCSS.

Non-compliance with the above requirements by Contractor may be considered grounds for adverse action including termination of the contract and/or non-consideration for future contracts.

ATTACHMENT A EMERGENCY PREPAREDNESS INFORMATION TO BE FURNISHED TO ALL CONTRACTOR EMPLOYEES WORKING ON OR NEAR A TVA NUCLEAR PLANT SITE The following information is related to TVA Emergency Preparedness within the area owned and operated by the Tennessee Valley Authority (TVA) for nuclear sites. In the unlikely event of an accident, all onsite personnel will be notified by one of the following means:

• Sirens would be sounded for three minutes. (See site specific information below for routine siren test schedule.)

• TVA personnel may enter the area and provide instructions.

If Contractor personnel are alerted by either of the above, Contractor personnel should:

• If TVA personnel are present, follow their instructions.

" If no TVA personnel are present, and the sirens are not sounding during the test schedule below, Contractor personnel should immediately exit TVA property.

• As soon as possible, listen to one of.the radio stations noted below for any additional information which may be provided by State Authorities.

If there is a potential that Contractor personnel may have been exposed to radioactive material, he or she would be instructed to go to a designated location for monitoring or decontamination.

For further information on these emergency plans, please contact TVA Emergency Preparedness at the numbers listed below.

Site Specific Information:

Browns Ferry Nuclear Plant

" Sirens are normally tested at 9:15 AM on the 2nd Monday of each month.

• WVNN (AM 770) WZYP (FM 104) WKAC (AM 1080)

• Emergency Preparedness - (256) 729-2038 Sequoyah Nuclear Plant

• Sirens are normally tested at noon on the 1 st Wednesday of each month.

• WSKZ (FM 106.5)

• Emergency Preparedness - (423) 843-7088 Watts Bar Nuclear Plant

" Sirens are normally tested at noon on the 1 st Wednesday of each month.

" WSKZ (FM 106.5) WIVK (FM 107.7) WIVK (AM 990)

• Emergency Preparedness - (423) 365-8004

07/12/2010 12:49 #421 P.001/005 From:

CITY OF CHATTANOOGA MOCCASIN BEND WASTEWATER TREATMENT PLANT 455 MOCCASIN BEND ROAD CHATTANOOGA, TN 37405 PHONE: 423-757-5026 FAX: 423-757-4904 FACSIMILE TRANSMITTAL SHEET TO: TVA TVA FROM: Joac~him N. Vnl?

.... .o ..

COMPANY: DATE:

7-12-10)

FAX NUMBER: TOTAL NO. ,OF PAGES INCLUDING COVER 843-7428 5 PHONE NUMBER:

RE: Copy of Friar's Septic Service Permits 0 URGENT C FOR REVIEW 0 PLEASE COMMENT C PLEASE REPLY C PLEASE RECYCLE NOTE/COMMENT:

From: 07/12/2010 12:50 #421 P.002/005 City of Chattanooga Individual Truck Discharge Operation Permit Application Applicant's Nam O jet & '4 r .

Business Name FRIAR'S SEPTIC SERVICE Address P. 0. BOX 1509 E-,E' 9 Y.9/ A PS Y , T-N 37 33'*

(Street Number, Street, P.O. Box, City, State, Zip) (4,23) T842-264-4 Telephone Contact Person 4 -" * - (-

Volume Capacity of Full Tank gallons, License Number or Truck Make, Model, Year of Truck !*(< (  ? -2 j@

Activity Estimate Septic Tank Draining only - yes no Any other Holding Tank Waste including portable toilets yes L,,' no Hauling from outside of Chattanooga or Hamilton County yes . no If "yes" list from where Do you agree to:

abide by the provisions of the City Code Sec 31- 51, and the terms and conditions listed on the permit , No to pay any charges or appropriate fee in due course \-Ye No to obtain any special permits and supply representative samples as required -Y' No to certify the origin of any holding tank or industrial waste deliv7 or discharge 1-* No Date. ý/d Signature: * -'-'zLJ After completion please mail the form with the appropriate permit fee in the amount of $100.00(one hundred) per permit, (a separate permit from must be completed for each vehicle and fiscal year) to:

City of Chattanooga Attn.: Haul Permits 455 Moccasin Bend Road Chattanooga, TN 37405 From septic 1-05

F rnm ' U/1II;ulu 12:bU #4Z1 I.UUJ/UUb City of Chattanooga Truck Discharge Operation Permit Effective -'I\-ýI f) Permit# ' Vehicle # _ _ _ _ _

3 Pursuant to City Code, Section 1-5 i(g), a Truck Discharge Operation Permit is hereby granted to:

FRIAR'S SEPTIC SERVICE P. 0. BOX 1509 (Name) ,DD-, DAISY, TIN .. 37384 (423) 842-2644 (Address)

I have read and understand the applicable portions of the City Code, and the terms and conditions below, and I agree to abide by the City Code, applicable laws and these terms and conditions.

(Permit Holder)

Said permit is extended upon the following express terms and conditions:

I) That any discharge will be in compliance with all provisions of the City Code governing septic and/or holding tank wastes (including portable toilets.) All discharges shall be made at times and locations designated by the Superintended.

2) That any discharge of manufacturing, industrial, commercial wastes, or any wastes other than regular septic wastes shall have been first approved by the Superintendent or his representatives in accordance with all provisions of Industrial Waste Regulations, Section 31-51.

3) That the Superintendent or his representatives retain the absolute right to refuse any load which could obstruct, injure, or interfere with the treatment system or present cause for revocation of the permit.

4) That the City is held harmless against any and all claims for personal injury or property damage about the City's premises.

5) That in any dispute as to whether or not a certain article falls within the purview of this permit, the same shall be subject to review by the Wastewater Regulations and Appeals Board.

6) That the agents for the permittee shall sign a "ticket" for each load, which ticket shall set forth the basis for charge or such information as needed to classify compliance. The addresses and sources of the wastes shall be shown on the ticket. Charges and fees shall be based on the size of the full tank or based on a verifiable measured quantity of the waste (Meter, stick, sight gauge, or approved equivalent.)

7) That the City shall maintain, tabulate and bill monthly the charges incurred. Said bill shall be paid within fifteen (15) days following the billing. Nonpayment by the beginning of the next billing cycle shall be grounds for suspension or revocation of this permit until such time as restitution is made.

8) This permit may be terminated at any time by the City.

9) The permittee. will collect, transport, and discharge wastes in an environmentally approved manner and in compliance with all Federal, State and local laws.

10) The Superintendent shall be notified of any changes covered by this permit such as changes of truck license number, ownership, address or any other pertinent information.

11) The permit holder shall attach the City permit number on both sides of the vehicle for pertinent information.

12) Waste may only be discharged to the Chattanooga system that has been collected within the Moccasin Bend WWTP Service Area, unless otherwise permitted by the Superintendent.

Fee paid /,6_ 6* Approved by " .

z ," "_ Joachim olz, Fiscal Coordinator From septic 1-05

From: 07/12/2010 12:50 #421 P.004/005 City of Chattanooga Individual Truck Discharge Operation Permit Application Applicant's Name f'Qyl)f OtiL E '4ia Business Name FRIAR'S SEPTIC SFRVICE Address P. 0. BOX 1509 (Street Number, Street, P.O. Box, City, State, Zip) ODDY-DA (423' 842-2644TSY,T

- 3j 4 Telephone Contact Person .. r

• -,fc*. or' Volume Capacity of Full Tank gallons, License Number of Truck Make, Model, Year of Truck 6() 94 106~

Activity Estimate Septic Tank Draining only yes no Any other Holding Tank Waste including portable toilets yes - no Hauling from outside of Chattanooga or Hamilton County

• yes _ no If "yes" list from where Do you agree to:

abide by the provisions of the City Code Sec 31- 51, and the terms and conditions listed on the permit vles No to pay any charges or appropriate fee in due course L./es No to obtain any special permits and supply representative samples as required k>Y*es No to certify the origin of any holding tank or industrial waste delivere for discharge ,_Yes No Date:.* 'F Signature: ._&'z c-After completion please mail the form with the appropriate permit fee in the amount of $100.00(one hundred) per permit, (a separate permit from must be completed for each vehicle and fiscal year) to:

City of Chattanooga Attn.: Haul Permits 455 Moccasin Bend Road Chattanooga, TN 37405 From septic 1-05

From: 07./12/2010 12:50 #421 P.005/005 City of Chattanooga Truck Discharge Operation Permit Effective * -y- - &'--* Permit Vehicle## ,*2, I Pursuant to City Code, Section 31-51 (g), a Truck Discharge Operation Permit is hereby granted to:

FRIAR'S SEPTIC SERVICE P. O. BOX 1509 SODDY-DA1SY. TN 373M (Name) (423) 842-2&44 (Address)

I have read and understand the applicable portions of the City Code, and th terms and conditions below, and I agree to abide by the City Code, applicable laws and these terms and conditions.

(Permit Holder)

Said permit is extended upon the following express terms and conditions:

I) That any discharge will be in compliance with all provisions of the City Code governing septic and/or holding tank wastes (including portable toilets.) All discharges shall be made at times and locations designated by the Superintended.

2) That any discharge of manufacturing, industrial, commercial wastes, or any wastes other than regular septic wastes shall have been first approved by the Superintendent or his representatives in accordance with all provisions of Industrial Waste Regulations, Section 3 1-51.

3) That the Superintendent or his representatives retain the absolute right to refuse any load which could obstruct, injure, or interfere with the treatment system or present cause for revocation of the permit.

4) That the City is held harmless against any and all claims for personal injury or property damage about the City's premises.

5) That in any dispute as to whether or not a certain article falls within the purview of this permit, the same shall be subject to review by the Wastewater Regulations and Appeals Board.

6) That the agents for the permittee shall sign a "ticket" for each load, which ticket shall set forth the basis for charge or such information as needed to classify compliance. The addresses and sources of the wastes shall be shown on the ticket. Charges and fees shall be based on the size of the full tank or based on a verifiable measured quantity of the waste (Meter, stick, sight gauge, or approved equivalent.)

7) That the City shall maintain, tabulate and bill monthly the charges incurred. Said bill shall be paid within fifteen (15) days following the billing. Nonpayment by the beginning of the next billing cycle shall be grounds for suspension or revocation of this permit until such time as restitution is made.

8) This permit may be terminated at any time by the City.

9) The permittee will collect, transport, and discharge wastes in an environmentally approved manner and in compliance with all Federal, State and local laws.

10) The Superintendent shall be notified of any changes covered by this permit such as changes of truck license number, ownership, address or any other pertinent information.

11). The permit holder shall attach the City permit number on both sides of the vehicle for pertinent information.

12) Waste may only be discharged to the Chattanooga system that has been collected within the Moccasin Bend WWTP Service Area, unless otherwise permitted by the Superintendent.

Feeopaid I"sjaorQ) Approvedaby .ir Joachimn .r olz, Is al Coo-rdinator From septic 1-05