NCD095458527_19970201_FCX Inc. (Statesville)_FRBCERCLA RA_Bidding Documents for OU-1 Groundwater Remediation-OCR

Document Control No. 4400-78-AGEP
Revision 1 R
NOV 10 1998
BIDDING DOCUMENTS FOR SOPE.RfUNU ticGTION
FCX OPERABLE UNIT 1
GROUNDWATER REMEDIATION
FCX OPERABLE UNIT 1
STATESVILLE, NORTH CAROLINA
Work Assignment No. 78-4RA8M
FEBRUARY 1997
REGION fV
U.S. EPA CONTRACT NO. 68-W9-0057
.Roy F. Weston, Inc.
1880-H Beaver Ridge Circle
Norcross, Georgia 30071
WESTON W.O. No. 04400-078-096-0003-00
Section
A
B
C
D
E
F
G
H
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TABLE OF CONTENTS
Title
INSTRUCTIONS TO OFFERORS
GENERAL CONDITIONS OF THE CONTRACT
STATEMENT OF WORK
COMPENSATION, INVOICING, AND PAYMENT
RELEASE OF LIENS AND ALL CLAIMS
SUPPLEMENTAL PROVISIONS.
REPRESENTATIONS AND CERTIFICATIONS
WESTON'S TERMS AND CONDITIONS
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SECTION A
INSTRUCTIONS TO OFFERORS
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INSTRUCTIONS TO OFFERORS
1. GENERAL INFORMATION
1.1 This project is being conducted by Roy F. Weston, Inc. (WESTON) under ARCS IV
prime contrnct 68-W9-0057 with the U.S. Environmental Protection Agency (EPA).
Work at the site will be supervised by WESTON.
I. 2 The work covered under this solicitation is a portion of the total site remediation and is
directed toward controlling and remediating contaminated groundwater in overburden
materials at the FCX site, Statesville, North Carolina. This is to be accomplished by the
use of extrnction wells, pumping from those wells to a groundwater treatment system and
discharging the treated effluent to the sanitary sewer system of the publicly-owned
treatment works (POTW) of the City of Statesville. Soils and contaminated groundwater
in the bedrock are being remediated under separnte projects (Opernble Unit 2 and
Operable Unit 3, respectively). The specifications for this project are primarily
performance based and are intended to maximize the Contractor's flexibility, creativity,
and control of their efforts and responsibility· for completion of this project in accordance
with the requirements provided herein.
1.3 WESTON requests bids for providing all work as defined m this solicitation in
accordance with the requirements stated herein.
1.4 Five copies of bids shall be submitted. All copies shall be properly executed, all blank
spaces shall be filled in, and any interlineations, alterations, or erasures shall be formally
explained and initialed by the offeror. Failure to comply with these requirements may
be cause for rejection of your bid.
1.5 Partial or incomplete Bids may not be considered. Bids shall be in strict conformity with
the Solicitation Documents and any amendments thereto.
1.6 All information provided with your bid shall be on 8 1/2" X 11" format, indexed with
a table of contents. Larger sizes may be used for drawings if they are folded to fit in
the bid.
2. RESPONSIBILITIES OF TIIE OFFEROR
2.1 It is the responsibility of the respondent to read and become completely familiar with all
information in this solicitation.
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3. BID AND OTHER COSTS
3. 1 This request does not commit WESTON to pay for any costs incurred in the preparation
and submission of bids or for any other costs incurred prior to the execution of a
subcontract.
4. SCHEDULE
4.1 It is anticipated that an award will be made for this work 60 days from offer deadline.
4.2 Activities included in the Statement of Work (SOW) must commence within five (5) days
of Written Notice to Proceed and must be completed in accordance with the schedule
provided in the SOW.
5. MINTh'ruM QUALIFICATIONS OF OFFERORS
5.1 WESTON reserves the right to reject any bid if the evidence submitted by the offeror,
or the investigation of such offeror, fails to satisfy WESTON that such offeror has no
conflict of interest in performing the work, and is properly qualified to carry out the
obligations of the Solicitation Documents and to complete the Work contemplated therein
in accordance with the requirements and schedule therein.
An offeror may be investigated to determine if it is qualified to perform the Work. To
assist in this investigation, the following items must be submitted with your bid.
a. Evidence that the firm submitting the bid is authorized to do business in the
jurisdiction where this project is located (at a minimum, this must include General
Contractors license, Professional Engineer registration and the firm's license to
provide engineering services);
b. Conflict oflnterest Statement -each candidate must submit a statement that there
are no personal or organizational conflicts of interest in the performance of this
work. A conflict of interest will disqualify a candidate from further
consideration;
c. Names and locations of a minimum of three (3) projects of like magnitude, with
a brief narrative description, cost,: and a customer contact. name and _phone
number. Projects must have been successfully used for continuous treatment of
groundwater for at least two (2) years;
d. Listing of any major subcontractors needed to complete the work herein. The
listing shall, at a minimum, include name and address of the proposed
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subcontractor, description of the work to be subcontracted, type of subcontract
anticipated, and an estimated value of the subcontract;
e. An insurance certificate indicating your ability to meet the insurance
requirements;
f. Written confirmation from your bonding agent that your firm can obtain payment
and performance bonds as specified elsewhere in this solicitation for remedial
action work of this nature at an NPL site;
g. Evidence that your firm can comply with the Health and Safety requirements of
this solicitation. This information shall include, at a minimum, your firm's
Interstate Experience Modification Rate (EMR) and OSHA 200 logs for the three
(3) most recent years and total number of hours worked each year. If the state
where the job site is located has an EMR, provide the same information for that
state;
h. Evidence that your firm can provide a Critical Path Method (CPM) schedule with
time-phased bar chart showing the order in which the Work will be performed for
the duration of the project, which can be easily updated on a weekly basis;
i. Provide a copy of your fmn's QA plan that provides QA/QC requirements and
procedures for the types of work required-herein;
J. Listing of key personnel with resumes for each person. Listing shall, at a
minimum, include resumes for a Project Manager and a Field Superintendent, a
Field Quality Control Manager, and Chief Operator. Each of these individuals
must have at least three (3) years experience in the construction and operation of
similar groundwater treatment and remediation systems;
k. Provide the corporate experience of the organization performing the completion
of_ the detailed design of the treatment system and building. This fmn must have
at least five (5) years experience in the design of groundwater treatment and
remediation systems. Provide the name and resume of the Design Manager, who
shall have at least three (3) years experience in the design and construction of
groundwater treatment and extraction systems;
6. SOLICITATION DOCUMENTS
6.1 Complete sets of Solicitation Documents shall be used in preparing bids. WESTON
assumes no responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Solicitation Documents.
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6.2 WESTON, in making copies of Solicitatio_n Documents available, does so only for the
purpose of obtaining bids on the Work and does not confer a license or grant for any
other use.
6.3 The following reports are available upon request to offerors for use as background
infonnation on the FCX site:
• Remedial Investigation Report, Phases I and II
• Feasibility Study Report, Operable Unit 1 (OUl)
• Record of Decision for the FCX-Statesville site, Operable Unit 1
6.4 The following document is appended to the Solicitation Documents for use as background
information.
• Laboratory results from groundwater sampling performed at the FCX site m
December 1995
7. EXAMINATION OF SOLICITATION DOCUMENTS
7. 1 Before submitting a bid, each offeror must (a) examine the Solicitation Documents
thoroughly, (b) familiarize itself with local conditions that may in any manner affect cost,
progress, or performance of the work, (c) familiarize itself with Federal, State, and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress, or
performance of the Work, and (d) study and carefully correlate offeror's observations
with the requirements of the Solicitation Documents. Failure to become familiar with
the Solicitation Documents and the project area will be at the offeror's risk.
7. 2 Surveys and investigative reports of subsurface or latent physical conditions at the site
are not guaranteed or warranted as to accuracy or completeness nor are they part of the
Solicitation Documents unless otherwise specified.
7 .3 Before submitting its bid, each offeror may, at its own expense, make such additional
investigations as the offerer may deem necessary to prepare its bid for performance of
the Work in accordance with the time, price, and other terms and conditions of the
Solicitation Documents.
7 .4 The submission of a bid will constitute an indisputable representation by the offerer that
it has read and understood every requirement of this solicitation, and that the Solicitation
Documents are sufficient in scope and detail to indicate and convey understanding-of all
terms and conditions for pricing and performance of·the Work.
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8. INTERPRETATIONS
8.1 Written questions concerning this solicitation shall be received by Friday, February 21,
1997, 4:00 p.m. local time at:
Roy F. Weston, Inc.
1880-H Beaver Ridge Circle
Norcross, Georgia 30071
Attn: Ralph McKeen
Fax: [phone]
8.2 Oral explanations or instructions given at the pre-bid conference, or at any other time
prior to subcontract award will not be binding. Any substantive information given to a
prospective offeror concerning this solicit\ltion will be furnished to all prospective
offerors as an amendment of the solicitation; if such information is judged necessary to
offerors in submitting their bids, or if the lack of such information would be prejudicial
to uninfonned offerors. If an offeror desires to submit questions for comment at the
scheduled pre-bid conference, the questions must be submitted to WESTON in writing
at least two (2) days in advance of the conference date.
9. PRE-BID CONFERENCE AND SITE VISIT
9.1 A mandatory pre-bid conference and site visit will be held on Wednesday, February 13,
1997, at 1 :00 PM local time at the FCX site in Statesville, North Carolina. The
conference and site visit will be limited to two (2) people from each finn intending on
submitting a bid. This number shall include potential second-tier subcontractors.
9. 2 Directions to the pre-bid conference are provided in Section C.
9.3 At least two (2) working days prior to the pre-bid conference, all finns interested in
attending must submit a list of persons planning to attend. This list shall, at a minimum,
include the firm's name, address, and the names and phone numbers of individuals
planning to attend.
10. TECHNICAL SUBMITTAL
IO. I The offeror shall prqvide with their bid a technical overview of their approach for
remediation of the groundwater. The technical submittal shall address all the
requirements of the attached scope of work.
10.2 The technical submittal shall include, at a minimum, a conceptual level design of the
· proposed remediation system, which is the basis for the offeror's costs.
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10.3 The conceptual design will be evaluated to determine the offeror's understanding of the
remediation system and to assess whether their conceptual design is sound.
11. BID SECURITY
I I. I Each bid must be accompanied by a Bid Bond, or a certified check, or a treasurer's or
cashier's check issued by a responsible bank or trust company, payable to Roy F.
Weston, Inc. The Bid Security shall be in the amount of ten percent (l0%) of the total
amount of the bid. All Bid Securities, other than Bonds, will be returned (I) to
unsuccessful offerors as soon as practicable after the opening of offers, and (2) to the
successful offeror upon execution and receipt of acceptable documents as required by the
Subcontract.
11.2 If the offeror furnishes a Bid Bond, it shall be with good and sufficient surety or sureties
acceptable to WESTON and on U.S. Standard Form 24.
11.3 In case an offeror to whom a Contract is awarded shall fail or neglect to execute the
Contract and furnish the satisfactory bonds within the time specified, WESTON may
determine that the offeror has abandoned the Subcontract. Thereupon, the Bid Forms
and acceptance shall be null and void, and the Bid Security accompanying the Bid Form
shall be forfeited to WESTON as liquidated damages for such failure or neglect and to
indemnify WESTON for any loss which may be sustained by failure of the offeror to
execute the Agreement and furnish the bonds as aforesaid. The amount forfeited to
WESTON shall not exceed the difference between the price proposed by said offeror and
that of 'the next lowest responsible and responsive offeror.
12. BID FORMS
12.1 Each Bid shall be submitted on the Bid Forms provided in this solicitation.
12.2 Bid Forms shall be completed (with a price provided for each item) in ink or typewritten
and manually signed. The Bid Price shall be stated in words and figures.
12.3 Bids by corporations shall be executed in the corporate name by the president or vice-
president (or other corporate officer accompanied by evidence of authority to sign), and
the corporate seal shall be affixed and attested by the secretary or an assistant secretary.
The corporate address and state of incorporation shall be shown below the signature.
I 2 .4 Bids by partnerships shall be executed in the partnership name and signed by a partner
whose title shall appear under the signature. The official address of the partnership shall
be shown below the signature.
12. 5 All names shall be typed or printed below their signature.
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I
12.6 The Bid shall contain an acknowledgement of receipt of all Amendments (the numbers
of which shall be filled in on the Bid Form). Each erasure or change appearing on t_he
Bid Forn1s must_ be clearly initialed by the offeror.
12. 7 The address to which all future communications regarding the Bid are to be directed shall
be shown.
13. RECEIPT OF BIDS
13.1 Completed and signed copies of the Bid Forms and all other items required herein must
be received in a sealed package by 3:00 p.m. local time on Friday, March 7, 1997, at:
Roy F. Weston, Inc.
1880-H Beaver Ridge Circle
Norcross, Georgia 30071
Attn: Ralph McKeen
Phone: [phone]
13.2 Bids shall include all information required by this solicitation or provided in response
thereto.
13.3 The solicitation number (78-4RA8M) must appear on the outside of any correspondence
related to this project.
13.4 Any bid not prepared and submitted in accordance with the requirements specified herein,
or received after the date and time specified above, may not be considered.
13.5 Offerors are cautioned that it is the responsibility of each individual offeror to assure that
its Bid is in the possession of the responsible official or their designated alternate prior
to the time stated herein for Receipt of Bids. Offeror shall be responsible for bids
delayed by mail and/or delivery services of any nature.
13.6 Bids, excluding the Bid Form, may include technical data and other data, including trade
secrets and/or privileged or confidential commercial or financial information that you do
not want disclosed to the public or used by WESTON or the Government for any purpose
other than bid review. To protect such data, you must specifically identify each page,
including each line or paragraph thereof, containing the data to be protected and mark
the cover sheet of the bid with the following notice. -
NOTICE
The data contained in pages __ of this bid have been submitted in confidence and
contain trade secrets and/or privileged or confidential commercial or financial
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information, and such data shall be used or disclosed only for evaluation purposes;
provided that if a contract is awarded to this offeror as a result of, or in connection with,
the submission of this bid, WESTON shall have the right to use or disclose the data
herein to the extent provided in the solicitation. This restriction does not limit
WESTON' s rights to use or disclose data obtained without restriction from any source,
including the offeror.
14. LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWAL OF BIDS
14.1 Any bid received at the office designated in the solicitation after the exact time specified
for receipt will not be considered unless it is received before award is made and it was
sent by:
a. registered or certified mail not later than the fifth (5th) calendar day before the
date specified for receipt of responses;
b. mail and it is determined by WESTON that the late receipt was solely due to
mishandling by WESTON after the receipt at the WESTON office;
c. U.S. Postal Service Express Mail Next Day Service -Post Office to Addressee,
not later than 5:00 p.m. at the place of mailing two (2) working days prior to the
date specified for receipt of bids. The term "working days" excludes weekends
and U.S. Federal holidays.
14.2 Any modifications or-withdrawal of a bid is subject to the same conditions as stated
above.
14.3 The only acceptable evidence to establish the date of mailing of a late bid, modification
or withdrawal sent either by U.S. or Canadian Postal Service, registered or certified
mail. is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper
and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks
must show a legible date or the bid, modification or withdrawal shall be processed as if
mailed late. "Postmark" means a printed, stamped, or otherwise placed impression
(exclusive of a postage meter machine impression) that is readily identifiable without
further action as having been supplied and affixed by employees of the U.S. or Canadian
Postal Service on the date of mailing. Therefore, respondents should request the postal
clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the
envelope or wrapper.
14.4 The only acceptable evidence to establish the time of receipt at the WESTON office is
the time/date stamp of WESTON on the bid wrapper or other documentary evidence of
receipt maintained by WESTON.
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14.5 The only acceptable evidence to e~tablish the date of mailing of a late bid, modification,
or withdrawal sent by Express Mail Next Day Service -Post Office to Addressee is the
date entered by the postmark on both the envelope or wrapper and on the original receipt
from the U.S. Postal Service. "Postmark" has the same meaning as defined elsewhere
in this provision, excluding postmarks of the Canadian Postal Service. Therefore,
respondents should request the postal clerk to place a legible hand cancellation bull's eye
postmark on both the receipt and the envelope or wrapper.
14.6 Notwithstanding the first paragraph of this section, a late modification of an otherwise
successful bid that makes its terms more favorable to WESTON will be considered at any
time it is received and may be accepted.
14. 7 Bids may be modified only by an appropriate document duly executed (in the manner that
a bid must be executed) and delivered to the place where bids are to be submitted at any
time prior to the due date and time for bids.
14.8 Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof)
for the opening of bids.
15. BASIS FOR AW ARD
·l 5 .1 WESTON will award a contract resulting from this solicitation to the responsible offeror
whose offer clearly indicated that the offeror has met all the solicitation requirements
established herein, and provides the lowest price (Bid Total including Optional Items
from the Bid Forms) to WESTON for all the Work called for herein. WESTON shall
be the sole entity making this determination and their decision shall be final. Basing the
award on a total price including the Optional Items will not obligate WESTON to
exercise the option(s). ·
15.2 WESTON may (!).reject any or all offers if such action is in the public interest, (2)
accept other than the lowest offer (when the lowest offer is not deemed responsive and
responsible), and (3) waive informalities and minor irregularities in offers received.
15.3 WESTON may award a subcontract on the basis of initial offers received, without ·
discussions. Therefore, each initial offer should contain the offeror's best terms from
a price and technical standpoint. '
15.4 If necessary to assure complete understanding of all offers, WESTON may C<?_nduct
discussions with any or all of the offerors.
15.5 A written award or acceptance of offer mailed or otherwise furnished to the successful
offeror within the time for acceptance specified in the solicitation shall result in a binding
subcontract without further action by either party. Before the offer's specified expiration
time, WESTON may accept an offe_r whether or not a written notice of withdrawal is
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received before award. Discussions or negotiation conducted after receipt of an offer do
not constitute a rejection or counteroffer by WESTON.
15.6 WESTON may determine that an offer is unacceptable if the prices proposed are
materially unbalanced between line items or sub-line items (including Optional Ite1~s).
An offer is materially unbalanced when it is based on prices significantly less than cost
for some work and prices significantly overstated for other work, or there is a reasonable
doubt that the offer will result in the lowest overall cost to WESTON even though it may
be the initial low offer, or it is so unbalanced as to be tantamount to allowing an advance
payment.
15. 7 WESTON also reserves the right to reject the bid of any offeror that WESTON considers
to be unqualified relative to the section titled "Qualifications of Offerors" above.
16. AWARD OF THE CONTRACT
16.1 For any resultant subcontract, WESTON expects to give the successful offeror a Notice
of Award within sixty (60) days after the actual offers are due. All offers shall remain
valid for at least one hundred and twenty (120) days after the actual date offers are due,
but WESTON may, in its sole discretion, release any bid and return the Bid Security
prior to that date.
17. EXECUTION OF THE CONTRACT
· 17.1 When a Notice of Award is given to the successful offeror, it will be accompanied by
copies of the Contract and all other applicable Solicitation Documents. Within five (5)
days, excluding Saturdays, Sundays, and legal holidays, after the date of receipt of such
notification, Contractor shall execute and return all copies of the Contract and all other
applicable Solicitation Documents to WESTON. WESTON will deliver one (1) fully
signed copy to Contractor.
17 .2 The type of Contract resulting from this solicitation will be Fixed-Price (Ceiling Price
with Fixed Unit Prices). Bids for any other type of Contract will not be considered.
17 .3 All materials and equipment for the project shall be furnished by the Contractor, unless
otherwise specifically prescribed. They shall conform to the Drawings and Specifications
and shall be from a source acceptable to WESTON.
17.4 The Buy American Provision of Public Law 95-217 (Section 215 of Public Law 92-500,
as amended) generally requires that preference be given to the use of domestic
construction material in the performance of work under this solicitation.
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18. FAILURE TO SUBMIT OFFER
18.1 If no offer is to be submitted, do not return the solicitation. A letter should be sent to
the Project Representative stating your intention not to submit a bid, and stating if you
desire to receive amendments to the solicitation. Unless your desire is so stated,
amendments to this solicitation will not be forwarded.
19. RETENTION
I 9. I Bids submitted in response to the solicitation will not be returned, but will be retained
by WESTON to document the procurement.
20. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
20.1 The offeror's attention is called to the Equal Opportunity and Affirmative Action
Requirements for Construction Clauses of t~e Contract Forms.
20.2 The Contractor's compliance with Executive Order 11246, as amended, and the
regulations in 41 CFR 60-4 shall be based on (1) its implementation of the "Equal
Opportunity" Clause, and (2) specific affinnative action obligations required by the
clause entitled, "Affinnative Action Compliance Requirements for Construction."
20. 3 The Contractor shall provide written notification to the Director, Office of Federal
Contract Compliance Programs, within ten (10) working days following award of any
construction subcontract in excess of Ten Thousand ($ 10000) dollars for construction
work under the Contract resulting from this solicitation. The notification shall list the:
a. Name, address, and telephone number of the Subcontractor;
b. Employer's identification number of the Subcontractor;
c. Estimated dollar amount of the Subcontract;
d. Estimated starting and completion dates of the Subcontract; and
e. Geographical area in which the Subcontract is to be performed.
20.4 As used in this Notice, and in any Subcontract resulting from this solicitation, the
"covered area" is Iredell County, North Carolina.
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21. NOTICE OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED
FACILITIES
21.1 Offerors are advised that by submitting a bid in response to this solicitation, offerors will
be deemed to have signed and agreed to the provisions of the certification of Non-
Segregated Facilities in the Representations and Certifications section of this solicitation
(Section G). The certification provides that the offeror does not maintain or provide for
its employees facilities which are segregated on the basis of race, creed, color, or
national origin, whether such facilities are segregated by directive or on a de facto basi_s.
The certification also provides that the offeror will not maintain such segregated
facilities. Failure of an offeror to agree to the Certification of Non-Segregated Facilities
may render its offer non-responsive to solicitations involving award of subcontracts
exceeding Ten Thousand ($10000) dollars, which are not exempt from the provisions of
the Equal Opportunity clause.
22. EXCE;PTIONS
22.1 Exceptions taken by the offeror to any of the WESTON terms and conditions as stated
or referenced in the solicitation, including the sample Contract, shall be so noted in a
separate section of the offeror's bid. This section must include all the exceptions, if any,,
which the offeror may cite. Offerors are cautioned that any bids accompanied by terms
and conditions essentially different from the enclosed WESTON terms and conditions
may render the bid unacceptable (Section H).
23. DA VIS/BACON ACTS
23.1 The wage determination (General Decision No. NC960009, dated October 4, 1996) set .
forth in the solicitation provides the minimum rates which must be paid to the
classification of laborers and mechanics designated therein pursuant to the Davis-Bacon
Act (copy of General Decision is included at end of Section A). Neither WESTON nor
EPA represents that said minimum rates do now, nor that they will at any time in the
future, prevail in the locality of the Work for such laborers or mechanics; nor that such1
mechanics or laborers are or will be obtained at said rates for Work under this Contract.
The successful offeror must include the Davis-Bacon Act provisions in each construction
subcontract to ensure that WESTON and the Contractor have the right to inspect wage
and fringe benefit payment data and to verify the accuracy of this data by intervi~wing
employees. The payment of the proper Davis-Bacon specified wages and fringe benefits
to all Contract and subcontract employees during the construction phase of this
solicitation is the ultimate responsibility of the party awarded the Contract for this
solicitation.
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24.
24.1
25.1
26.
26.1
26.2
27,
27.1
27.2
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FALSE STATEMENTS IN OFFERS
Offerors must provide full, accurate, and complete infonnation as required by this
solicitation and its attachments. The penalty for making false statements in bids is
prescribed in 18 U.S.C. 1001.
PERFORMANCE AND PAYMENT BONDS
The successful offeror shall furnish performance and payment Bonds within five (5) days
of Award of a Contract, each in an amount at least equal to the Total Contract Price
(excluding Priced Option) as Security for the full and successful performance and prompt
payment of all Contractor's obligations as specified in the Solicitation Documents.
SUBCONTRACTING PLAN
Offerors must provide with their bid a Small Business and Small Disadvantaged
Subcontracting Plan which meets all the requirements of the FAR clause 52.219-9.
Offerors shall state in a letter with their plan any current or past subcontracting goals for
Small Business and Small Disadvantaged Business along with their current status in
meeting these goals. Any variance in plan from· goals shall be explained.
CERTIFIED COST OR PRICING DATA
All offerors are reminded that Certified Cost or Pricing Data has not been requested with
your bid, as sufficient competition is expected. Certified Cost or Pricing Data may,
however, be requested by WESTON at any time. Any requested data must be provided
within ten (I 0) days of request or your offer may be considered non-responsive.
If Cost and Pricing Data are requested, then any resulting Contract will not be awarded
until the potential Contractor has signed a Certificate of Current Cost or Pricing Data.
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BID SUBMITTAL FORM
The undersigned, in compliance with the Bid Documents issued by Roy F. Weston, Inc.,
on behalf of the United States Environmental Protection Agency. Region IV, on _____ _
hereby submits this bid to perform groundwater remediation at the FCX site in Statesville, North
Carolina, as presented in the request for proposal. :
The bidder certifies that the bidding finn has carefully examined all drawings and
specifications associated with the proposed project, has visited the site, and has completed all
necessary documents as required for the bid package for this project.
The bidder further certifies that the work outlined in the bid package will be carried out
for the lump sum prices and fixed unit prices shown on the Bid Schedule and that the bid will
be valid for 120 days from the date shown below.
Based on the quantities provided by the engineer and verified by the bidder, this work
will be perfonned for the sum of ____ _
FIRM NAME
SIGNATURE
NAME (Print/Type)
TITLE
DATE
NOR/K; \ WP\ 04400\ 078\8IDRPM01. WP A-14
Item
001
002
•
FCX-ST A TESVILLE
OPERABLE UNIT ONE
BID SCHEDULE FORM
•
(To be completed and submitted as part of the bid package)
Unit
Supplies/Services Unit Price
Groundwater Pumping Test and Groundwater Per Lot
Remediation System, including extraction system,
treatment system, and discharge system. All
necessary services include supplies, labor, and
equipment to achieve performance criteria as defined
in the Statement of Work (SOW). The system price
includes, but is not limited to, health and safety
plan, quality assurance project plan, obtaining
required permits, groundwater pumping tests,
remediation system deSign, work plans, remediation
system purchase and installation, utility hookups,
start-up, performance demonstration,
laboratory/analytical services, submittal of as-built
drawings, and site cleanup. This item includes all
activities up to the point of taking title to the system
by the government.
Base Period Operation and Maintenance, Per Lot
consisting of 47 weeks of successful operation
completed within the first 52 weeks after the
acceptance of the demonstration report. All
necessary services, supplies, equipment, utilities,
and labor to complete the base period requirements;
O&M Manual preparation and updating; repair
and/or replacement of all equipment required for
successful operation in accordance with the accepted
work plan, required permits, and the SOW;
groundwater and system monitoring, chemical
analysis, and reporting; and residuals disposal and
contract closeout activities (excluding system
removal).
O&M base period begins upon written approval by
the Project Representative of the performance
demonstration results.
Prices associated with O&M activities for optional
items are not to be included in this line item.
NOA/K; \ WP\04400\ 078\BIORPMO 1. WP A-15
Est. Total
Quantity Cost
I
I
-
Item
003
004
005
•
FCX-ST A TESVILLE
OPERABLE UNIT ONE
BID SCHEDULE FORM (Continued)
•
(fo be completed and submitted as part of the bid package)
Unit
Supplies/Services Unit Price
OPTIONAL SERVICES
Optional O&M -I to IO quarters of O&M services Per
after the Base Period of Operation and Maintenance Quarter
(Item 002). All necessary services, supplies, Year
equipment, utilities, and labor to complete the
optional period O&M requirements; repair and/or
replacement of all equipment required for successful
operation in accordance with the accepted work
plan, required permits, and the SOW; groundwater
and system monitoring, chemical analysis, toxicity
testing, and reporting; and residuals disposal. Only
quarters of successful operation, as defined in the ,
Statement of Work, shall be paid for.
Prices associated with O&M for Optional Items 004
and 005 are not to be included in this line item.
Increased Extraction Rate Option -All necessary Per Lot
services, supplies, equipment, utilities, and labor to
increase the minimum extraction rate to greater than
25 gpm but not to exceed 50 gpm; upgrading of
pumps, piping meters, valves, treatment equipment,
and supplies and other remediation system
components to handle the increased flow, and
additional residuals disposal. This item includes
activities up to the point of acceptance of the
demonstration report and taking title to the system
by the government. Prices shall reflect increase
above price for Item 001.
Increased Extraction Rate O&M Option - I to 6 Per
quarters of O&M services for Optional Item 004 Quarter
after system demonstration. AB necessary services, Year
supplies, equipment, utilities, and labor to complete
the optional O&M requirements; repair and/or
replacement of all equipment required for successful
operation in accordance with the accepted Work
Plan, required permits, and the SOW; system
monitoring and reporting; and residuals disposal.
Only quarters of successful operation, as defined in
the SOW, shall be paid for.
NOR/K:\ WP\ 04400\ 078\ BIDRPM0 1 .WP A-16
Est. Total
Quantity Cost
2
I
4
-
Item
006
007
008
009
010
•
FCX-ST A TESVILLE
OPERABLE UNIT ONE
BID SCHEDULE FORM (Continued)
•
(To be completed and submitted as part or the bid package)
Unit
Supplies/Services Unit Price
Optional Extraction Well Installation -I to 5 Per
Extraction Wells, fully penetrating the surficial Well
aquifer (not to exceed depth or 65 reet). All
necessary supplies and services for the installation of
extraction wells including required pumps and
connections, in addition to the eXtraction wells
specified in Item 001. Extraction wells shall be
installed in accordance with the SOW, State or
North Carolina requirements, and standard industry
practices.
Optional Extraction Well Piping -I to 1,000 ft. Per Foot
All supplies and services necessary for the
installation of pipip.g to connect additional extractiOn
wells to the treatment system in accordance with the
specification. The Contractor shall only be paid for
the actual amount necessary to perform the
connection in the shortest economical distance (in a
straight line, unless necessary to bypass objects and
properties).
Optional Monitoring Well Installation - I to 5 Per
surficial aquifer wells. All necessary supplies and Well
services for the installation and development of
monitoring wells fully penetrating the surficial
aquifer (not to exceed depth or 65 reet). Monitoring
wells shall be installed in accordance with the SOW,
State of North Carolina requirements, and standard
industry practices.
Optional Transition to New System Operator -Per Lot
Services associated with transferring operation of the
remediation system, including optional components,
to a subsequent operator. The services shall include
providing operator training.
Post-Remediation Quarterly Monitoring Option -Per
1 to 8 events. All necessary supplies and services to Event
perform quarterly groundwater monitoring and
report results after the remediation system has been
shut down following cleanup goal attainment, as
specified in the SOW.
NOR/K:\ WP\ 04400\ 078\ BIDRPM0 1. WP A-17
Est. Total
Quantity Cost
I
500
I
I
I -
•
FCX-ST A TESVILLE
OPERABLE UNIT ONE
BID SCHEDULE FORM (Continued)
•
(To be completed and submitted as part of the bid package)
Unit
Item Supplies/Services Unit Price
01 I Optional System Removal -Services associated Per Lot
with demobilization and delivery of the remediation
system to the government freight-on-board origin
point nearest to the site.
012 Optional Well Abandonment -I to JOO cubic Per
yards of well void space. All necessary services Cubic
and supplies to abandon extraction and monitoring Yard
wells in accordance with State of North Carolina
requirements and standard industry practices.
NOA/ K:\ WP\ 04400\ 078\810RPM01.WP A-18
Est. Total
Quantity Cost
I
35
• •
EVALUATION OF OFFERS
For purposes of award, offers will be evaluated by adding the extended prices for base award
and option quantities set forth as follows:
Item No. Quantity
001 l Lot
002 l Lot
003 (Optional) 2 Quarters
004 (Optional) l Lot
005 (Optional) 4 Quarters
006 (Optional) l Well
007 (Optional) 500 Feet
008 (Optional) l Well
009 (Optional) l Lot
010 (Optional) l Event
011 (Optional) l Lot
012 (Optional) 35 Cubic Feet
Offers will be evaluated by multiplying the offered unit price by these quantities. Award will
be made to the low-priced responsible offeror for the total of all of these items.
, Only offerors complying with the solicitation in all respects will be considered for award.
WESTON reserves the right to reject any or all bids and to waive technicalities and
informalities.
NOR/K:\ WP\ 04400\ 078\ BIDRPMO 1 .WP A-19
General Decision Number NC960009 -,
Superseded General Decision No. NC950009
State: North Carolina
Construction Type:
HEAVY
County ( ies) :
STATEWIDE
SEWER AND WATER CONSTRUCTION PROJECTS AND HEAVY CONSTRCUTION PROJECTS (excluding Dam construction projects).
Modification Number
0
1
Publication Date
03/15/1996
10/04/1996
NC960009 -1 10/04/1996
COUNTY ( ies) :
STATEWIDE
* SUNC2001A 02/12/1990.
BOILERMAKERS:
Storage Tank Erection/Repair
All Other Work:
BRICKLAYERS
CARPENTERS
CEMENT MASONS/FINISHERS
ELECTRICIANS
FENCE ERECTORS
IRONWORKERS
LABORERS:
Unskilled
Air Drill Operator
Asphalt Rakers
Pipelayers
MANHOLE BUILDERS
MILLWRIGHTS
PAINTERS
PLUMBERS & PIPEFITTERS
POWER EQUIPMENT OPERATORS:
Asphalt Distributor
Asphalt Finisher
Asphalt Paver
Asphalt Screed
Backhoe
Boring Machine
Bulldozer
Crane
Dragline
Drill
Loader
Mechanic
Motor Grader
Roller
Scraper, Pan
Tractor
.Trenching
Well Drillers
TRUCK DRIVERS
TV & GROUTING TECHNICIANS
Rates
12.96
16.20
7.23
6.63
6.11
8.56
4.75
8.20
4.75
5.92
4.93
5.17
5.81
5.27
7.12
7.42
5.77
5.69
5.69
5.69
6.40
5.65
5.96
7.60
6.34
7.23
5.79
7.16
6.24
4.98
5.42
5. 49
6.58
6.50
4.75
9.21
Fringes
4.105
4.105
WELDERS -Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
NC960009 -2 10/04/1996
\
\
~ .!
the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5. 5 (a) (1) (v))¾
In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This ca.n be:
* an existing published' wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling
on survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division
U. s. Department of Labor 200 Constitution Avenue, N. W. Washington, D. c. 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrawr (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department.of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210
NC960009 -J 10/04/1996
• 7 • The request .should be accompanied by a full statement of the \ interested party's position and by any information (wage payment I data, project descripthm, area prac.tice material, etc. ) that the. requester considers relevant to the issue.
3.) If the· decision of the Administrator is not favorabJ,e,. an interested party may appeal directly to the Administrative Review Board ( formerly the Wage, ·Appeals. Board) . Write to:
Administrative Review Board
U. s. Department of Labor
200 Constitution Avenue, N. W. Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION
NC960009 -

4

10/04/1996
• •
SECTION B
GENERAL CONDITIONS
OF THE CONTRACT
NOA/K:\ WP\ 04400\ 078\ 8I0APM01. WP
• •
CONTRACT
between
CONTRACTOR
and
ROY F. WESTON, INC.
Contract No. _____________ _
Date:
Prime Contract: ____________ _
DPAS Rating: ___________ _
NOA/K: \ WP\ 04400\ 078\ CON RP MO 1. WP 01/97
• •
SECTION D
COMPENSATION, INVOICING,
AND PAYMENT
NOR/K:\ WP\ 04400\ 078 \BIORPM01. WP
• CONTRACT
TABLE OF CONTENTS •
CONTRACT CLAUSES ....................................... B-1.
B-1
B-2
B-2
B-2
B-2
B-2
B-3
B-3
B-3
B-3
B-4
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Applicable Documents . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of Federal Acquisition Regulation (FAR) ....... .
Type of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effective Date ............................... .
Order of Precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period of Performance . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statement of Work ............................ .
Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Governing Law .............................. .
Authorized Representatives . . . . . . . . . . . . . . . . . . . . . . . .
Insurance .................................. .
Waiver .................................... B-7
Performance and Payment Bonds . . . . . . . . . . . . . . . . . . . . B-7 . ' Liens ..................................... B-8
Warranty of Performance ............ , ............ B-8
Standard of Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-9
Inspection of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . B-9
Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-10
Warranty of Supplies and Workmanship ................ B-10
Independent Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . B-11
Health and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-11
Confidentiality ................................ B-12
Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-12
Disputes ................................... B-13
Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-14
Option for Other Services -Separately Priced Line Item . . . . . . B-14
Liquidated Damages ............................ B-15
Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-15
Scheduling and Delay ........................... B-15
Notice of Labor Disputes . . . . . . . . . . . . . . . . . . . . . . . . . B-16
Non-Discrimination in Employment ................... B-16
Social Security and Wage Tax Liability . . . . . . . . . . . . . . . . B-17
Fair Labor Standards Act and Service Contract Act . . . . . . . . . B-18
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-18
Data Rights ... , ............................. B-18
Release of Liens and All Claims . . . . . . . . . . . . . . . . . . . . . B-18
Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-19
Set-Off .................................... B-19
Sales and Use Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-19
Entire Agreement ............................. -:-B-20
NOA/K:\ WP\ 04400\ 078\ CONAPM01. WP 01/97
• •
CONTRACT CLAUSES
TIIlS CONTRACT, made this_ day of _______ I 995 between
____________ (hereinafter referred to as "CONTRACTOR") with offices
located at ________________ _
and
ROY F. WESTON, INC. (hereinafter referred to as "WESTON") with corporate offices located
at One Weston Way, West Chester, PA 19380.
NOW, WHEREAS, WESTON has been awarded Contract No. _______ by the
----------~-to provide personnel, material, equipment, facilities and services
in support of __________________ _
AND, WHEREAS, WESTON desires and CONTRACTOR agrees to provide services as a
CONTRACTOR to WESTON in performance of the aforementioned
__________ Contract;
NOW TIIEREFORE, in and for consideration of the mutual promises contained herein,
WESTON and CONTRACTOR do hereby agree as follows.
ARTICLE 1 -APPLICABLE DOCUMENTS
• Section A, Instructions to Offerors.
• Section B, This Contract, Exhibits, Modifications ·and Changes hereto.
• Section C, Statement of Work.
• Section D, Compensation Invoicing and Payment.
• Section E, Release of Liens and all Claims.
• Section F, Supplemental Provisions
NOR/K:\ WP\ 04400\ 078 \ CONRPMO 1.WP B-1 01/97
•
ARTICLE 2 -APPLICATION OF FEDERAL ACQIDSITION
REGULATION
The clauses of the Federal Acquisition Regulation (FAR), identified in the Supplemental
Provisions, are incorporated by reference in this Contract with the same force and effect as
though set forth herein in full text. (FAR 52.225-5, Buy American Act, con.struction materials
will apply to all domestic materials purchased on this Contract.)
ARTICLE 3 -TYPE OF CONTRACT
This is a fixed price type contract.
ARTICLE 4 -EFFECTIVE DATE
The effective date of this contract shall be the date that it is bi-laterally executed, which is the
date the second party has signed the agreement.
ARTICLE 5 -ORDER OF PRECEDENCE
In the event of an inconsistency or ambiguity between the documents comprising this Agreement,
the following order of precedence shall govern:
I. Supplemental Provisions
2. Contract Clauses
3. Statement of Work including all changes or modifications thereto.
4. Instructions to Offerers
ARTICLE 6 -PERIOD OF PERFORMANCE . .
The period of performance of this Contract shall be from the effective date of the Contract
through the completion of all required Items or through the end of period performance or
NOR/K:\ WP\ 04400\ 07 8 \ CONRPMO 1. WP B-2 01/97
• •
tennination ofWESTON's Alternative Remedial Contracts Strategy (ARCS) Contract with U.S. I .
' EPA, whichever comes first, unless otherwise modified or tern1inated in accordance with the
provisions of this Contract.
ARTICLE 7 -STATEMENT OF WORK
The CONTRACTOR shall provide equipment, supplies, services and personnel in accordance
with Appendix A, "Statement of Work".
ARTICLE 8 -COMPENSATION
Compensation, shall be in accordance with Appendix B attached hereto and fanning a part
hereof.
ARTICLE 9 -GOVERNING LAW
Interpretation of this Agreement is to be governed by and construed in accordance with the law
of the Commonwealth of Pennsylvania. The application of the provisions of this Contract to
services provided at local sites will be governed by the law of the local sites where services are
provided.
ARTICLE 10 -AUTHORIZED REPRESENTATIVES
The following named individuals are the authorized representatives of the CONTRACTOR and
WESTON (Project Representative) for the execution of this Contract or for approval and
direction as required herein:
NOA/K:.\ WP\04400\078\ CONRPM01, WP B-3 01/97
• •
CONTRACTOR
WESTON
and
ARTICLE 11 -INSURANCE
A. CONTRACTOR shall, at its own cost and expense, purchase and maintain, throughout
the performance of this contract, the minimum types and limits of insurance se1 forth
below. Insurance shall cover all liabilities arising from claims for Bodily Injury
(including death), Personal Injury, and claims for loss of, or damage to Property,
including the loss of use thereof, arising out of CONTRACTOR's performance of the
NOR/K:\ WP\o«00\078\ CONRPM01.WP B-4 01/97
• •
Work under this contract. Failure to maintain Insurance in compliance with this Article
'
shall be considered a breach of CONTRACTOR's obligations and shall be cause for
Termination under Article 24 of this contract.
I. Commercial General Liability (occurrence basis): ISO Policy Form 1988 or
equivalent. LIMITS: $1,000,000 per occurrence; $2,000,000 general aggregate;
and $2,000,000 Products-Completed Operations aggregate.
CONTRACTOR shall maintain the Products-Completed Operations coverage for
a period of three years after completion of the Work under this contract.
2. Business Automobile Liability (occurrence basis): provide coverage for all owned,
non-owned, hired, borrowed and/or any other auto used in the performance of the
Work. LIMITS: $1,000,000 Combined Single Limit.
3. Worker's Compensation and Employers' Liability: coverage as required by all
applicable State and Federal Worker's Compensation Acts, and including
4.
Occupational Disease. LIMITS: Statutory Worker's Compensation and
$1,000,000 Employers' Liability, including Stop Gap Coverage (for work
performed in Monopolistic Fund States).
Excess (Umbrella Form) Liability (occurrence basis): provide coverage in excess
of all underlying liability policies set forth above. LIMITS: $2,000,000 per
occurrence and $2,000,000 aggregate.
NOA/K:\ WP\ 04400\078 \ CONRPM01. WP B-5 01/97
•
5. Professional Liability (claimssmade basis): provide coverage for
CONTRACTOR's negligent acts, errors and omissions arising out of the.
perfonnance of professional services hereunder. LIMITS: $1,000,000 per claim
and $2,000,000 aggregate.
B. CONTRACTOR agrees to maintain any and all "claims-made" policies as required above
for a period of three (3) years following contract completion. All policies required to
be maintained by the CONTRACTOR shall be considered as primary insurance and any
similar policy maintained by WESTON shall be considered as excess and non-
contributory. Certificates of Insurance must be accompanied by an endorsement to each
required policy which evidences that the policies are primary to any like or similar policy
as maintained by WESTON.
CONTRACTOR and its insurers agree to waive, in favor of WESTON, all rights of
subrogation or rights of recovery that may otherwise be available to each of them.
CONTRACTOR shall provide WESTON, prior to the commencement of the Work
hereunder, a Certificate(s) of Insurance evidencing coverage as required by this Article
12. The Certificates (s) oflnsurance shall: a) include Roy F. Weston, Inc. as additional
insured on all policies ( except Worker's Compensation), . b) include waiver of
subrogation, and c) guarantee WESTON thirty (30) days advanced written notice-ef the
intent to alter, reduce, materially change or cancel coverage provided by any policy.
Certificates of Insurance shall be forwarded to: Roy F. Weston, Inc., 1 Weston Way,
West Chester, PA 19380, Attn: Contracts Department.
NOR/K:\ WP\ 04400\ 078\ CONAPM01. WP B-6 01/97
• •
Nothing contained in this Article shall in any way limit, reduce, or relieve
CONTRACTOR of the liabilities arising from or assumed by CONTRACTOR under this
contract.
ARTICLE 12 -WAIVER
Failure by WESTON in any instance to insist upon observance or performance by
CONTRACTOR of any of the tenns, conditions or provisions of this Contract shall not be
deemed a waiver by WESTON of any such tenns, ~onditions or provisions or the observance
or performance thereof; no waiver shall be binding upon WESTON unless the same is in writing
signed by WESTON and shall then be for the particular instance referred to in said writing only;
waiver of any one breach shall not be deemed a waiver of any other breach; payment of any sum
by WESTON to CONTRACTOR with knowledge of any breach shall not be deemed to be a
waiver of such breach or any other breach. The remainder of this Contract will not be voided
by the invalidity of one or more of the terms hereof.
ARTICLE 13 -PERFORMANCE AND PAYMENT BONDS
Because a portion of the work will be performed on a Federal facility, CONTRACTOR shall
furnish Performance and Payment bonds each in an an10unt equal to the Contract price, without
options, as security for the faithful performance and payment of all CONTRACTOR's
obligations under this Contract. These bonds shall remain in effect until at least one (I) year
after the date when final payment becomes due, except as provided by Law or regulation. The
CONTRACTOR is not authorized to proceed with any work until the applicable bonds have been
received.
NOR/K:\ WP\04400\07B\CONAPM01 .WP B-7 01/97
• •
ARTICLE 14 -LIENS
If any lower tier Contractor, laborer, or materials s_upplier of the CONTRACTOR, or any other
person directly or indirectly acting for or through it, files a mechanics' lien or claim against the
Project, the property, or any part thereof or any improvements thereon or against any monies
due or to become due from the Client to WESTON or from WESTON to the CONTRACTOR,
for or on account of any work, labor, services, materials, equipment, or other items furnished
in connection with the work or any change order, the CONTRACTOR agrees to satisfy, remove,
or discharge such liens or claims at its own expense by bond, payment, or otherwise within 15
days of the date of filing thereof. If the CONTRACTOR shall fail to do so, WESTON shall
have the right, in addition to all other rights and remedies provided by the Contract Documents
or by law, to satisfy, remove, or discharge such liens or claims by whatever means WESTON
chooses at the entire expense of CONTRACTOR including legal fees.
ARTICLE 15 -WARRANTY OF PERFORMANCE
CONTRACTOR warrants to WESTON that it possesses the expertise, capability, equipment and
personnel to properly and professionally perform its services hereunder, that it is properly and
legally licensed (if applicable) to perform such services, and that it shall at all times in the
perfonnance of such services comply with all applicable laws, ordinances and regulations and
shall perfonn all services in a good, workmanlike, professional, efficient and non-negligent
manner. CONTRACTOR acknowledges that WESTON has made no representations of any kind
or nature with respect to the work or its completion not contained in the Contract.
NOR/ K:\ WP\ 04400\ 0 78 \ CONRPMO t . WP B-8 01/97
•
ARTICLE 16 -ST AND ARD OF CARE
In providing services of any kind or nature hereunder, including advice and consultation,
whether technical or professional, CONTRACTOR shall exercise the highest degree of care, and
provide such services with the highest and best quality.
ARTICLE 17 -INSPECTION OF SERVICES
(a) Definitions. "Services," as used in this clause, includes services perfom1ed,
workmanship, and material furnished or utilized in the perfonnance of services.
(b) The CONTRACTOR shall provide and maintain an inspection system acceptable to
WESTON covering the services under this Contract. Complete records of all inspection work
perfonned by the CONTRACTOR shall be maintained and made available to WESTON during
contract performance and for as long afterwards as the contract requires.
(c) WESTON has the right to inspect and test all services called for by the Contract, to
the extent practicable at all places and times, during the term of the Contract. WESTON shall
perfonn inspection and tests in a manner that will not unduly delay the work.
(cl) If any of the services do not conform with Contract requirements, WESTON may
require the CONTRACTOR to perform the services again in conformity with Contract
requirements, at no increase in Contract amount. When the defects in services cannot be
corrected by reperformance, WESTON may (I) require the CONTRACTOR to take necessary
action to ensure that future performance confonns to Contract requirements and (2) reduce the
Contract price to reflect the reduced value of the services perfonned.
(e) If the CONTRACTOR fails to promptly perfonn the services again or to take the
necessary action to ensure future perfonnance in confom1ity with Contract requirements,
NOR/K: \ WP\ 04400\ 078 \ CONRPMD l .WP B-9 01 /97
•
WESTON may (I) by contract or otherwise, perform the services and charge to the
CONTRACTOR any cost incurred by WESTON that is directly related to the perfonnance of
such service or (2) tenninate the Contract for default in accordance with Provisions of this
Contract.
ARTICLE 18 -INDEMNIFICATION
CONTRACTOR shall indemnify, defend and save harmless WESTON, its affiliates and
subsidiaries, their officers, directors,· and employees and their successors, heirs and
representatives from any responsibility or liability in any way for claims, losses, damages, or
expenses arising out of death of, injuries to, or damages to any person or damage or destruction
of any property, including loss of use, arising out of, incident to, or in connection with
CONTRACTOR's performance hereunder,
ARTICLE 19 -WARRANTY OF SUPPLIES AND WORKMANSHJP
The CONTRACTOR warrants that for two (2) years from the date of approval of the
perfom1ance demonstration (as described in Subsection 3.6 of the SOW), all supplies furnished
and work performed um,Ier this Contract will be free from defects in material and workmanship
and will conform with all requirements of this Contract. In the event that warranty service is
required, WESTON will notify the CONTRACTOR. CONTRACTOR will have fifteen (15)
calendar days to make the necessary repairs, at no increase in Contract price, to make the work
compliant with the specifications. If the required warranty service is not provided within this
specified fifteen (15) day time period, WESTON may, at its sole option, make the necessary
repairs and back-charge the CONTRACTOR for the cost of the repairs.
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•
CONTRACTOR further agrees that the standard commercial equipment furnished under this
Contrnct shall be covered by the most favorable commercial warranties that the manufacturer
gives to any customer for such equipment, and that the remedies provided herein are in addition
to and do not limit any rights afforded to WESTON by any other clause of this Contract. Two
copies of the warranties shall be furnished by the CONTRACTOR to WESTON.
ARTICLE 20 -INDEPENDENT CONTRACTOR
CONTRACTOR declares that it is an independent business, that similar services are provided
for other clients and WESTON is not CONTRACTOR's sole and only Client.
CONTRACTOR shall provide all equipment, materials and services covered by this Contract
as an independent contractor, maintaining full and complete control over its employees and all
of its lower-tier contractors and material suppliers·. WESTON has no control or right to control
such CONTRACTOR's employees and lower-tier contractors and material suppliers, except as
may be provided elsewhere herein.
ARTICLE 21 -HEALTH & SAFETY
Safe practices are considered a priority requirement in the perforn1ance of this Contract. The
CONTRACTOR shall, to the maximum extent practicable, be responsible for the conditions of
the work site. This responsibility will encompass the safety of all persons, including employees,
agents and lower tier contractors, as well as property for the duration of the services performed
hereunder. CONTRACTOR shall comply with the all applicable federal, state, and local health
and safety requirements and standards, including but not limited to the Occupational Safety and
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•
Health Act of 1970, as amended, and the standards and regulations issued thereunder.
CONTRACTOR shall develop and maintain for the duration of this Contract, a health and safety
program that will effectively i~corporate and implement all required safety provisions including,
but not limited to, provisions of the Site Health & Safety Plan. UNFAMILIARITY WITH THE
AFOREMENTIONED SAFETY PROVISIONS SHALL NOT RELIEVE THE CONTRACTOR
FROM COMPLIANCE WITH THE OBLIGATIONS AND PENALTIES SET FORTH
THEREIN.
ARTICLE 22 -CONFIDENTIALITY
Confidential or proprietary information of WESTON or WESTON' s client, as labeled or
stamped "Confidential", may be disclosed to CONTRACTOR during the term of this Contract.
CONTRACTOR, agrees not to disclose, either in whole or in part, any such information to any
person for any purpose whatsoever, unless requested to do so in writing by WESTON, and to
bind its employees, officers, agents, and all lower tier contractors to this same obligation.
ARTICLE 23 -TERMINATION
A. TERMINATION FOR CONVENIENCE -WESTON may, at any time, terminate this
contract for its convenience, in whole or in part, upon written notice to the CONTRACTOR.
The CONTRACTOR shall be paid in accordance with the terms of this contract for all services
rendered and accepted by WESTON through the date of termination, including reasonable and
-supportable termination costs. WESTON shall not be obligated to pay CONTRACTOR any
other costs related to losses, damages or expenses, including prospective profits for services not
perfom1ed, arising out of or related to such termination.
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B. TERMINATION FOR DEFAULT -If CONTRACTOR defaults in the pcrfom1ance hereof
or breaches any of its obligations hereunder and fails to remedy such default or breach, or if
CONTRACTOR becomes insolvent, or a Trustee or receiver of CONTRACTOR's business or
assets is appointed, or any petition in bankruptcy is filed by or against CONTRACTOR, this
shall constitute a default under the terms of this Contract. In any such event WESTON may
tenninate this Contract, in whole or in part, by written notice to CONTRACTOR, and
WESTON shall have no liability or obligation whatsoever to CONTRACTOR by reason of or
resulting from such termination.
C. NOTICE OF TERMINATION -WESTON shall provide a written Notice of Termination
and CONTRACTOR shall proceed with the direction contained therein, and shall transmit to
WESTON all records related to the CONTRACTOR's perfomiance thereunder, including but
not limited to, samples, field data, laboratory data, analysis, tests, calculations, notes and
results.
ARTICLE 24 -DISPUTES
Any dispute arising under this Contract, including disputes under termination, not settled 1by
agreement of the parties shall be decided by litigation in a court of competent jurisdiction.
Pending any decision, appeal, suit, or claim pursuant to this article, the CONTRACTOR shall
proceed diligently with the perfonnance of the work under this contract. The rights of
WESTON and the obligations of CONTRACTOR shall survive completion of performance in
accordance with the provisions of this Contract and final payment hereunder.
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ARTICLE 25 -CHANGES
WESTON may, at any time by written notice to CONTRACTOR, make changes to any of-the
Contract documents. Any claim for additional compensation or extension of time (adjustments)
under this Article shall be made in writing within ten (10) days of issuance of a change notice
from WESTON. Failure to provide such written claim shall constitute a waiver of such claim
for adjustment. Failure to reach mutual ·agreement regarding such adjustments hereunder shall
constitute a dispute to be resolved under Article 25 of these General Provisions. However,
nothing in this clause shall excuse the CONTRACTOR from proceeding with the Contract as
changed.
ARTICLE 26 -OPTION FOR OTHER SERVICES -SEPARATELY
PRICED LINE ITEM
WESTON may require additional services, the numbered line items identified in the Schedule
as an option item, in the quantity and at the price stated in the Schedule. To exercise each
option to contract for such services, WESTON will submit to the Contractor a written notice(s)
within 30 days of the date in which the service is required to start.
Each option is independent of any other option, and WESTON has the right to unilaterally
exercise any such-option whether or not it has exercised other options. Delivery of the services
added by the exercise of the option(s) shall be specified in the written notice(s).
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ARTICLE 27 -LIQUIDATED DAMAGES
Should the work under this Contract to be performed by the Contractor not be fully completed
and delivered within the time(s) specified, it is understood and agreed that, if said delay is the
sole fault of the Contractor, there will be deducted from the progress and final payment for work
perfonned by the Contractor, a sum computed at the rate of One Hundred Dollars ($100) per
day for each additional day required to fully complete the work, beginning from the specified
date of completion and extending to the date of final acceptance of the work. It is understood
and agreed that the Contractor will not be responsible or liable for liquidated damages if the
delay is the fault of any subcontractor(s) on the job or for any force majeure over which the
Contractor has no control. It is understood and agreed that the sum to be deducted as liquidated
damages is not a penalty, but money due to reimburse WESTON for the extra cost and expense
caused by the Contractor's delay in completion of the work. It is also understood and agreed
that, in the event the work is completed in advance of the delivery dates specified, the
Contractor will make no claim for extra payment therefore.
ARTICLE 28 -PERMITS
CONTRACTOR shall obtain all pennits and licenses and pay all fees and charges necessary for
the perfonnance of CONTRACTOR's seIVices under this Contract, with the exception of the
sanitary sewer discharge permit application submitted by the Project Representative.
ARTICLE 29 -SCHEDULING AND DELAY
It is agreed that time is of the essence in the performance of this Contract. CONTRACTOR
shall cooperate with WESTON in scheduling and performing the CONTRACTOR's work to
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avoid conflict, delay and or interference with the work of WESTON, WESTON's Client, or
other contractors. WESTON shall have the right to modify the construction schedule, to
suspend, delay or accelerate, m whole or in part, the commencement or execution of
CONTRACTOR' s work, or to vary the sequence thereof, without compensation to
CONTRACTOR. In the event such a delay or suspension extends the overall time of
perfom1ance, the time for the CONTRACTOR to complete its work shall be extended
accordingly. Should CONTRACTOR be delayed by the act or omission of WESTON,
WESTON's Client or any other contractor, or by any cause beyond the CONTRACTOR's
control and not due to any fault, act, or omission on its part, then the time for completion of the
work shall be extended for a period equivalent to the time lost by reason of any of the aforesaid
causes, as detennined by WESTON. Such extension of time shall be CONTRACTOR's sole
and exclusive remedy for any delay and CONTRACTOR shall have no claim for damages
against WESTON for any delay.
ARTICLE 30 -NOTICE OF LABOR DISPUTES
In the event that the timely perfonnance of work under this Contract is delayed or threatened
to be delayed by any actual or potential labor dispute, CONTRACTOR shall immediately notify
WESTON of all relevant infonnation with respect to such dispute. CONTRACTOR shall insert
the substance of this provision in all purchase orders and lower tier contracts issued hereunder.
ARTICLE 31 -NON-DISCRIMINATION IN EMPLOYMENT
CONTRACTOR agrees and hereby certifies that in providing the services hereunder, it shall not
discriminate against any employee or applicant because of race, color, religion, age, sex, or
NOR/ K;\ WP\ 04400\ 078\ CON RPMO 1 .WP B-16 01/97
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national origin. CONTRACTOR shall abide by ~rovisions of all applicable governmental laws
and regulations pertaining to non-discrimination, including, but not limited to, Executive Orders
11246 and 11141 (Equal Employment Opportunity); 41 CFR 60-741.4 (Employment of the
Handicapped); 41 CFR 60-250.4 (Employment of Disabled Veterans and Veterans of the
Vietnam era); regulations regarding Utilization of Small Business Concerns and Small
Disadvantaged Business Concerns; regulations regarding utilization of Labor Surplus Area
concerns; and regulations regarding Women-owned Business Concerns.
ARTICLE 32 -SOCIAL SECURITY AND WAGE TAX LIABILITY
With respect to all persons at any time employed by, or on the payroll of the CONTRACTOR
in perfonning any services directly or indirectly under this Contract, CONTRACTOR accepts
full and exclusive liability for payment of all contributions or taxes for unemployment insurance
and old age retirement and other benefits, pensions or annuities, and wage or income taxes for
unemployment insurance and old age retirement and other benefits, pensions or annuities, and
wage or income taxes, now or hereafter imposed by the United States, and a_ny state or political
subdivision thereof, however the same be measured. CONTRACTOR shall furnish WESTON
such payroll and employment information as WESTON may require to show compliance with
the above obligation. If WESTON shall be required by law to pay any contribution, tax or
penalty because of CONTRACTOR'S failure to furnish the aforesaid information,
CONTRACTOR shall forthwith reimburse WESTON for the entire amount so paid.
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ARTICLE 33 -FAIR LABOR STANDARDS AND SERVICE CONTRACT
ACT
CONTRACTOR warrants, in connection with the services provided hereunder, its compliance
with all applicable requirements of the Fair Labor Standards Act and/or the Service Contract
Act, as amended, and of regulations and orders of the United States Department of Labor issued
thereunder.
ARTICLE 34 -SEVERABILITY
Any provision or part thereof of this Contract hel,d to be void or unenforceable under any law
or by any court shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon the parties. The parties may reform or replace such stricken provision or part
thereof with a valid and enforceable provision which expresses the intent of the stricken
prov1s1on.
ARTICLE 35 -DATA RIGHTS
CONTRACTOR agrees that all discoveries, inventions, and data related thereto that are
conceived of, either jointly with others or independently, in connection with the services
performed hereunder is the property of WESTON and shall be provided to WESTON without
restrictions.
ARTICLE 36 -RELEASE OF LIENS AND ALL CLAIMS
WESTON shall require CONTRACTOR to provide a Release of Liens and All Claims along
with the Application for Final Payment of services performed hereunder (Appendix C) prior to
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•
release of the final payment by WESTON. Contractor shall also provide a Release of Liens and
I Claims prior to any transfer of title to the U.S. Government for the remediation and monitoring
systems.
ARTICLE 37 -ASSIGNMENT
This Contract may not be assigned by CONTRACTOR, either in whole or in part, without the
prior written consent of WESTON.
ARTICLE 38 -SET-OFF
WESTON shall be entitled to set-off any amount owed to WESTON by CONTRACTOR or any
of its affiliates, against any amount payable to CONTRACTOR by WESTON, or any of its
affiliates.
ARTICLE 39 -SALES AND USE TAX
CONTRACTOR is required to pay all Sales and Use Taxes to the extent such taxes are
applicable to purchases made hereunder, and further agrees to hold WESTON hannless from
any and all claims related to Sales and Use Tax as applicable to services provided hereunder.
CONTRACTOR will provide a certification (Appendix C) as part of the application for final
payment, that all Sales and Use Taxes due have been or will be remitted to the appropriate
taxing authority.
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ARTICLE 40 -ENTIRE AGREEMENT
This Contract contains the entire understanding of the parties with respect to the subject matter
hereof and there are no verbal understandings, statements, or stipulations bearing upon the
meaning or effect of this Contract. This Contract may only be modified or amended, by a
written instrnment executed by both parties, except as may be otherwise provided herein.
IN WITNESS THEREOF, the parties hereto have set their hands and seal intending to be legally
bound hereby.
WESTON CONTRACTOR
by ____________ _ by __________ -'----
(Name) (Name)
(Signature) (Signature)
(Title) (Title)
(Date) (Date)
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SECTION C
STATEMENT OF WORK
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BIDDING DOCU1\1ENTS
REVISION 1
I
I
OPERABLE UNIT ONE
FCXISITE
STATESVILLE, NORTH CAROLINA
U.S. EPA Contract No. 68-W9-0057
Work Assignment No. 78-4RA8M
Document Control No. 4400-78-AGEP
FEBRUARY 1997
Prepared by: · dlu-!1J ltti)~k+--fe. !3/-
Jo Ellen Johnson ~
Date: _~__,_(_,_~/_i:~'1 __
Technical Review
Performed by:
WESTON Project Hydrogeologist
R;lph f": McKeen I
WESTON Work Assignment Manager
William R. Doyle
WESTON Region IV Program M
Approved by: ________________ _
Ken Mallary
U.S. EPA Remedial Project Manager
Approved by: ________________ _
Robert P. Stem
U.S. EPA Regional Project Officer
Date: -L....-J.) A-J.../.sl_,__171-----
Date: _ _,2:c...-_4.,_-_,,q'-'7.__ __
Date: ________ _
Date: ________ _
WESTON W.O. No. 04400-078-096-0003-00
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• •
Thi$ document was prepared by Roy F. Weston, Inc., expressly f~r EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Section
1
2
3
TABLE OF CONTENTS
Groundwater Remedial Action
Statement of Work
FCX Site • OU t
Section: Table of Contents
Revision: 1
Date: February 1997
Page
GENERAL INFORMATION ........................... 1-1
I. I Definitions ................................... 1-1
1.2 Project Objectives .............................. 1-2
1.3 Oveiview of Contractor Seivices to be Provided . 1-3
I .4 Responsibilities of Project Representative : ............... 1-4
BACKGROUND INFORMATION ........................ 2-1
I
2.1 Site Location and Description ....................... 2-1
2.2 Site History .................................. 2-5
2.3 Summary of Pre-RI Investigations ..................... 2-6
2.4 Findings of the Phase I RI Relating to Groundwater
Contammatton . , ................................ 2-6
2.5 Findings of the Phase II RI Relating to Groundwater
Contamination ................................ 2-1 O
2.5.1 Pesticides ................................ 2-11
2.5.2 Volatile Organic Compounds .................... 2-11
2.5.3 Metals . . . . . . . . . . . . . . . . . . . . ........ 2-13
2.6 Groundwater Sampling -December 1995 ............... 2-13
2.6.1 Pesticides ......................... ·.· ..... 2-15
2.6.2 Volatile Organic Compounds .................... 2-15
2. 7 Lithology and Hydrogeology ....................... 2-18
2.8 Description of the Selected Remedy ................. _ 2-19
REQUIRED ACTIVITIES ............................. 3-1 ·'·
3.1 General Oveiview .............................. 3-1
3.2 Pre-Remedial Plans, Permits, and Pumping Tests ........... 3-4
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part. without the
express written permission of EPA. I
Section
3.3
3.4
' I
'
Groundwater Remedial Action
Statement of Work
FCX Site -OU 1
Section: Table of Contents
Revision: 1
Date: February 1997
TABLE OF CONTENTS (Continued)
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
Health and Safety Plan/Contingency Plan
Quality Assurance Project Plan . . . . . . . . .
Regulatory Compliance and Permitting ....
Groundwater Pumping Test
........... 3-4
Groundwater Sampling .
Work Plan Preparation .
3. 3. I Pumping Test Results . . . . . . . . . . . . . .
3.3.2 System Design and Layout
3.3.3 Remedial Action Schedule ...
Groundwater Remediation System .
3.4.1 General Requirements
3.4.2 Extraction System
3.4.3 Treatment System ..
3.4.4 Discharge System ..
3.4.5 Installation and Cleanup .
. ....... 3-5
........... 3-6
. 3-7
. 3-9
.. 3-9
. 3-10
3-11
3-11
3-12
. 3sl2
. 3-13
. . 3-17
. . 3-19
. 3-19
3.5 Startup, Performance Demonstration, and As-Built Drawings ... 3-20
3.5.1 As-Built Drawings ........................... 3-21
3.6 Operation, Maintenance, and Related Activities ........... 3-22
3.6.1 Operation and Maintenance ..................... 3-22
3.6.2 Monitoring ............................... 3-24
3.6.2.1
3.6.2.2
3.6.2.3
Remediation System Monitoring .......... .
Groundwater Monitoring . . . . . . . . . . . . . . .
General Monitoring Requirements . . . . . . . . . . . . .
3-24
3-25
3-26
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This document was prepared by Roy F. Weston, Inc., expressly for EPA It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Section
4
3.7
Groundwater Remedial Action
Statement of Work
FCX Site· OU1
Section: Table of Contents
Revision: 1
Date: February 1997
TABLE OF CONTENTS (Continued)
Title
3.6.3 Documentation .
3.6.3.1 O&M Manual ...
3.6.3.2 Monitoring Reports
3.6.4 End-of-Contract Activities
Optional Services .
Page
. 3-27
. 3-27
3-28
3-28
. 3-29
3.7.1 Optional O&M ............................. 3-30
3.7.2 Increase of Minimum Extraction Rate ............... 3-30
3. 7. 3 Optional Extraction Well Installation and Hookup . . . . . . . . 3-31
3.7.4 Optional Monitor Well Installation . . . . 3-32
3.7.5 Transition to New System Operator ................ 3-32
3. 7.6 Post-Remediation Quarterly Monitoring .............. 3-33
3.7.7 SystemRemoval .. .3-33
3.7.8 Well Abandonment . . . . . . . . 3-34
3.8 Summary of Performance Criteria ............. _. ...... 3-34
SCHEDULE ...................................... 4-1
LIST OF ATTACHMENTS
ATTACHMENT A -Discharge Permit
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Figure No.
2-1
2-2
2-3
Groundwater Remedial Action
Statement of Work
FCX Site -OU 1
Section: Table of Contents
Revision: 1
Date: February 1997
TABLE OF CONTENTS (Continued)
LIST OF FIGURES
Site Location Map ..... .
Monitoring Well Locations
Pesticide Concentrations in Groundwater, Phase I RI 1991 .
. 2-2
. 2-4
. 2-8
2-4 VOC Compound Concentrations in Groundwater, Phase I RI 1991-1992 . 2-9
2-5 Overall Distribution of Pesticides in Groundwater, Phase II RI 1992 . . 2-12
2-6 Tetrachloroethene Distribution in Groundwater Overburden Wells, Phase
2-7
3-1
II RI 1992 ....................................... 2-14
Monitoring Well Locations, 1995
Proposed Extraction Well Locations
2-16
3-14
3-2 Schematic Diagram of the Proposed Groundwater Remediation
Table No.
2-1
2-2
2-3
4-1
System ......................................... 3-18
LIST OF TABLES
Summary of Investigations Prior to RI at FCX
Groundwater Sampling Results -December 1995
Groundwater Remediation Goals
Remedial Action Schedule ..
. ~. 2-7
. 2-F7
. 2-20
.. 4-2
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•
This document was prepared by Roy F. Weston, Inc., expressly for EPA. . It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
1.1 DEFINITIONS
SECTION 1
GENERAL INFORMATION
Groundwater Remedial Action
Statement of Work
FCX Site • OU1
Section: 1
Revision: 1
Date: February 1997
Contract -The Contract between the Project Representative and the Contractor with respect to
the services described in this Statement of Work.
Contractor -The party with which the Project Representative contracts for the services
described in this Statement of Work.
Day -Calendar day
EPA -United States Environmental Protection Agency, Region IV
Optional Services -Services that are not part of the base contract but which the Project
Representative may require the Contractor to perform depending on site conditions or project
perfomiance.
Performance Criteria -Performance level that . must be met at all times to satisfy the
requirements of this contract.
POTW -The City of Statesville publicly owned_ treatment works (POTW). Treated water
discharged to the sanitary sewer will travel to the POTW.
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•
This document was prepared by Roy F. Weston, Inc .. expressly for EPA. It shall not be.disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU 1
Section: 1
Revision: 1
Date: February 1997
Project Representative -Firm contracted by EPA to subcontract and oversee the remedial
action.
Groundwater Goals -Ultimate objectives of the remedial action which may or may not be
achieved during this contract period.
Site -Area of groundwat~r contamination attributed to FCX.
1.2 PROJECT OBJECTIVES
Under this contract, the selected Contractor shall design, install, and operate a groundwater
remediation system at the FCX site, located in Statesville, North Carolina, to meet all applicable
Federal, state, and local standards as well as the performance criteria as described herein.
The objective of the OU! groundwater remediation project is to restore and then maintain
groundwater quality in the vicinity of the site to the groundwater goals established in the Record
of Decision (ROD). The hydro logic objective is to prevent off-site migration of the groundwater
pesticide contaminant plume in the overburden while minimizing the extraction of
noncontaminated groundwater.
Operable Unit 2 (soil remediation) will be performed after the OUI groundwater system· is
installed. In addition, Operable Unit 3 (VOC groundwater remediation) adjacent to the FCX
property has plans to include some vapor extraction and/or air sparging points on the Fc·x
property. The selected contractor must be aware of these upcoming activities and design the
OU! system accordingly.
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part. without the
express written permission of EPA
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 1
Revision: 1
Date: February 1997
1.3 OVERVIEW OF CONTRACTOR SERVICES TO BE PROVIDED
The Contractor shall provide all services and supplies necessary to perfonn groundwater
remediation for the period specified in the contract, including but not limited to:
I. Prepare a Work Plan for installation of a test ·well for a step-drawdown test and a 72-
hour aquifer pumping test. Conduct these tests to detem1ine aquifer characteristics to
support pumping system design.
' 2. Prepare a Work Plan for groundwater remedial action which will include the results of
the pumping tests, a map of the projected groundwater capture zone, a permitting and
licensing strategy, and a system design and layout. The Work Plan must confirm· the
remedial action schedule requirements of this Statement of Work (SOW).
3. Revise the Work Plan to address the Project Representative's comments.
4. Obtain state and/or local authorizations to construct, pem1its, approvals, licenses, and
consents required for groundwater remedial action. Notify Project Representative of
need for off-site access, if any.
5. Install the groundwater remediation system_
6. Conduct remediation system start-up.
7. Demonstrate attainment of performance criteria.
NOR/K:\ WP\ 04400\ 078\ SOWRPMO 1 .WP 1-3
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site. Out
Section: 1
Revision: 1
Date: February 1997
8. Submit as-built drawings and operation and maintenance (O&M) manuals, and update as
needed.
9. Operate and maintain the groundwater remediation system after the demonstration period,
meeting all performance criteria. Handle and dispose of all residual wastes, conduct
system monitoring, and prepare monitoring reports.
10. If exercised, provide optional services as described herein.
Section 3 provides technical requirements and performance criteria for performing these services.
1.4 RESPONSIBILITIES OF PROJECT REPRESENTATIVE
The Project Representative will provide the following services as part of this project:
I. Apply for and obtain permit for treated water discharge from the City of Statesville.
2. Approve performance criteria achievement.
3. Approve groundwater goals achievement, if attained.
4. Obtain site access agreements.
5. Notify Contractor when options are to be exercised.
NOR/ K:\ WP\ 04400\ 078 \ SOWRPMO 1 • WP 1-4
•
This document was prepared by Roy F. Weston. Inc., expressly for EPA. lt shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 2
Revision: 1
Date: February 1997
SECTION 2
BACKGROUND INFORMATION
2.1 SITE LOCATION AND DESCRIPTION
FCX is located on Highway 90 approximately 1.5 miles west of downtown Statesville, North
Carolina, at the intersection of Phoenix Street and West Front Street (Figure 2-1). The area is
characterized by the presence of light and heavy industry, small businesses, residential
neighborhoods, and a school in the immediate vicinity. The coordinates of the site are latitude
35° 47' 11" north, longitude 80° 54' 58" west.
The site covers approximately 5.5 acres and is bounded by the Norfolk-Southern Railroad and
Burlington Industries (formerly Beaunit Mills) to the north, the Carnation Milk Company to the
west, a small business/residential area immediately south of West Front Street, and a pre-
fabricated utility shed retailer lot east of Phoenix Street.
The site is currently abandoned. The dominant on-site structure is a warehouse located on the
western half of the property. The warehouse consists of two attached structures: an upper
'building, constructed in 1968 or 1970, and a smaller, lower building constructed in 1982. The
area south of the warehouse is paved except for a narrow grass strip along the sidewalk. The
eastern half of the site is dominated by a large concrete pad, 6 inches to 7 inches thick, 62 feet
wide, and 190 feet long, extending from the eastern end of the warehouse along the north
property line. The area south of the pad is covered almost entirely with approximately 6 to 12
inches of crushed, compacted gravel. Several smaller areas within this area, mostly tractor
trailer pads and parking area, are paved with either concrete or asphalt.
NOR/K;\ WP\ 04400\ 078\ SOWRPMO 1. WP 2-1
N m
' N
N 0: w 0
-.
,0-_~ ,.....
,-&i-.,'---'
' Cl\ ~ ' l ,. ✓ , ' -
':=,,;~,,"~'~ ~ ·,;:~~~;;,, .. :,)\:,::~}i:;.~'.: . ', '
~ ">-'9~,.. ~ \0/\ , -. , If ~~ l
• NORTH CAROLINA FIGURE 2-1
SITE LOCATION NIAP
FCX-STATESVILLE
CAROLINA STATESVILLS§CE l~QORTH
½ 0 I MIL[ EeeeSSI==="=C====:::Eee========aaa
~ L::".'.SO:U::R::CE:'::'.S:TA:T:::ES:V::!L:LE=W=ES:T:, :":·::C.:(:1:::96:9:::) ====C=O=N=T=O=U=R=I N:T::E::R:V:A::L =l=O=F=E=ET================-1
•
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA. ·
Groundwater Remedial Action
Statement of Work
FCX Site· OU1
Section: 2
Revision: l
Date: February 1997
The area, except for the paved area between the warehouse and West Front Street, is completely
fenced, mostly with chain-link fencing. The fence is in good condition and access is gained via
Phoenix Street through a 36-foot wide gate along the eastern end of the site. The gate is locked
with a heavy chain and padlock.
A small, vacant two-story brick building is located at the southeastern comer of the site just
beyond the eastern fence. This building housed offices while FCX was in operation. Most of
the area between the eastern fence and Phoenix Street is covered with grass except for the area
occupied by the building.
There are two known underground tanks present at the site; a 7,500-gallon gasoline storage tank
and a I 0,000-gallon diesel fuel storage tank. These tanks are located in the front parking area
near the fuel pumps, where the upper and lower sections of the warehousesjoin. These tanks
were checked during the RI and were determined to be essentially empty. The east tank
contained 0.67 feet of water; the west tank contained 0.05 feet of petroleum product floating
above 0.22 feet of water. There has been no reported leakage from the tanks nor does
groundwater data from nearby monitoring wells indicate that any significant leakage has occurred
(EPA RI Report, 1992).
A total of 12 permanent groundwater monitoring wells are on the FCX property, as well as one
well further downgradient (Figure 2-2). Four wells were installed in I 986 as part of a pre-
purchase environmental evaluation conducted for Southern States Cooperative, four were
installed in 1989 in conjunction with the removal action conducted by US EPA, and five were
installed in June 1991 for the RI.
NOR/K;\ WP\ 04400\ 078\ SOWAPMO 1 .WP 2-3
NORTH
ARNATIO
MILK CO.
T-12
. 1N0-10M suRuNG I
-9
MW
• MW-8 MW-1 T-9 QT-100T-11 • e 0
esW-3 ' MW-2 Fr£sr • •
,,,
I
,oo
_..._s,., .. ;,,, .. ,
EPA SITE SOURCE:
X QR,t,WN B'!'. J.C. c'
0
T-7
WP (OH1[1J47)
0
T-5 , 0 T-4
0
T-6 0
T-3
MW-11.
0
T-1
FIGURE 2-2LOCATIONS G WELL MONITORIN STATESVILLE INA
FCX -NORTH CAROL STATESVILLE,
LEGEND
• MONITO NJlQRINC W '"OOR•INNCC• •WELL ELL
Q TEl.1PORARY MO
•
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part. without the
express written permission of EPA. ·
2.2 SITE HISTORY
Groundwater Remedial Action
Statement of Work
FCX Site • OU1
Section: 2
Revision: 1
Date: February 1997
In I 966, approximately 10,000 pounds of DDT, DDD, and possibly liquid chlordane were
allegedly buried in 2 adjacent trenches, approximately 10 feet deep. The material was
supposedly a mixture of powders and liquids in a variety of packaging, including paper bags,
glass jars, ·and other types of typical consumer'packaging. After burial was completed, the
trenches were back.filled with 6 feet of on-site soils, and a reinforced, 8-inch thick concrete slab
was placed over the area. The upper portion of the current warehouse was constructed on the
' poured slab. According to a previous FCX employee, the possibility exists that the trenches
were obliterated soon after burial during extensive construction-related grading. During this
time, other packages were taken to the old Statesville landfill.
During the site reconnaissance on February 12, 1991, conducted by EPA-Environmental Services
Division (EPA-ESD), a previous employee of the construction company responsible for much
of the historical site demolition and construction was interviewed. He indicated that he and
other employees were instructed to place various bagged and bottled pesticides in a hole located
in the current vicinity of the northeast corner of the lower portion of the warehouse. The hole
was apparently located within approximately 35 feet of the railroad tracks. Possible locations
could range from the inside corner of the lower section of the warehouse to a location beneath
the large concrete slab east of the building.
An additional reconnaissance was conducted in April 1991. At that time, interviews with FCX
employees indicated that an additional pit, possibly a product mixing pit, was originally located
within the horseshoe-shaped building. The approximate location beneath the current warehouse
floor coincides with an elevator-like structure visible in historical photographs.
NOR/K:\ WP\ 04400\ 078 \ SOWAPM0 1 • WP 2-5
•
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
2.3 SUMMARY OF PRE-RI INVESTIGATIONS
Groundwater Remedial Action
Statement of Work
FCX Site • OUl
Section: 2
Revision: 1
Date: February 1997
The site has no previous enforcement history; however, there have been several sampling
investigations, of varying scope, at FCX. These investigations were conducted by the North
Carolina Department of Human Resources (NCDHR), US EPA, and Fred C. Hart for Southern
States Cooperative, one-time potential purchasers of the site. A summary of these investigations
conducted prior to the RI is presented in Table 2-1.
2.4 FINDINGS OF THE PHASE I RI RELATING TO GROUNDWATER
CONTAMINATION
During the summer and early fall of 1991, U.S. EPA Region IV, conducted an in-house Phase
I RI at FCXS. The investigation involved extensive sampling (237 samples) of on-and off-site
soil, groundwater, surface water, and sediment. Significant findings relating to groundwater
contamination are summarized in this section.
Samples from on-site monitoring wells indicated that both the surficial (saprolite) and bedrock
portions of the groundwater system beneath the site are contaminated with pesticides, primarily
lindane, BHC compounds, endrin ketone, and chlordane. Figure 2-3 shows the distribution and
concentrations of pesticides detected in groundwater samples from on-site monitoring wells.
A variety of chlorinated solvents was detected in groundwater samples from on-site monitoring
wells, as well as the process well located on the Carnation property west of the site. The most
significant contaminant observed was tetrachloroethylene (PCE), with concentrations in excess
of 100 micrograms per liter (µ.g/L) being detected. Figure 2-4 shows the concentrations of the
identified compounds.
NOR /K; \ WP\ 04400\ 07 8 \ SOWAPM0 1, WP 2-6
•
This document was prepared by Roy F. Weston, Inc., expressly for EPA. 1t shall not t>e disclosea, in whole or in part, without the
express written permission of EPA.
Investigations
Fred C. Hart Assoc.
February I 986
NCDHR Site Inspection
May 1986
EPA Haz.ard Ranking System
June 1988
EPA (WESTON•SPER)
Emergency Response
January l 989
EPA (WESTON•SPER)
Emergency Response
August 1989
EPA (0.H. Materials)
Emergency Response
January l 990
NUS Screening Site
Inspection at Burlington
Industries, August 1990
NOR/K; \ WP\ 04400\ 078\ SOWRPMO 1 .WP
Table 2-1
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 2
Revision; 1
Date: February 1997
Summary or Investigations Prior to RI at FCX
Findings
Chlordane, DDT, and other pesticides in soil. Gamma-BHC and other pesticides
in groundwater. Trichlorofluoromethane (TFM), trichloroethylene (TCE), and
other volatile organic compounds (VOCs) also found in groundwater.
Groundwater data suspect due to lack or QA/QC.
VOC plume more extensive. with chlorinated solvents in wells east and west of
the warehouse and in a deep well on Carnation property. Lindane in MW-3.
Fluorocarbons in upgradient well. Caprolactum in all on-site wells. Chlordane,
DDT, and dieldrin in soil around warehouse and in residential yard across street.
FCX scored 37.93 based solely on groundwater. Placed on NPL in February
1990.
No evidence of pesticide burial observed in approximately 30 borings.
All eight wells showed halocarbon contamination, with PCE predominating.
Highest halocarbon concentrations in deep well MW-SD and shallow well MW-!.
TFM high in MW-4. Pesticides, primarily BHC isomers, in all wells except
MW-o and MW-oD.
Halocarbon groundwater contamination in all eight wells, with PCE
predominating. TFM high in MW-4. Pesticides found in MW-I and MW-3.
Study included sampling or FCX wells MW-6 and MW-oD. Toluene in MW-
6D. Low levels (J•values) of other volatile compounds in each well.
2-7 01/97
6 Q-4400-1-93
NORTH
Alpho-8HC Beto -BHC -0.J3
Oelto-BHC -0.13 Endr· -0.01 5
End,:~ K -0.022
G
etone _ 0_39
ommo-BHC (lindone)-O. I J
Alpno-8H(-5 4
Beto-9HC _ ~ 8
Chlordane _ 1 ·
Oelto -BHC -
1
Dieh:l_rin _ Q 1 j·g
End1on ..:eto,,"e -Gommo-BHC . 3.1 (hndone)-16
Alpho-BHC Beto-BHC -0.85
Oelto-BHC -0.82
Oieldrin -O.J3
Endrin K;t0~-~J8
Commo-BHC (I:-0.32 1ndone)-1.S
1 ECEND
• t..cONITORINC WELL
CONCENTRATIONS IN ug/L
0 " ,oo
Alpho-BHC - 1 7
8eto-8HC · Oelto-BHC -0.19
Endrin Ket -O. l 6
Gommo-B~~• ( :-0.093 , hndone)-2_2
SOURCE: [PA Silt "A · p {OHl[\J-47) ' PHA.SE JI RI REPORT
PESTICIDE CONCEN FIGURE 2-3 TRATIONS IN PHASE I RI 19GROUNDWATER
FCX S 91
ST ATES VILLE TATESVILLE ' NORTH CAROLINA
OR,1,WN SY. J.C.
Beto-BHC _ Oieldri O.D93 n -0.037
Endrin -0.06l
t, 1.1-Tricl'lo•oethcne -1 ~J
: :-r,,cr:lor<Je!hone -1.14J
1 : ·-D,cnlo•oetnone -1 JJ
.'~11Jrolo,m -4.2AJ
;etrocn!o•oe\hy1ene -20A
;,;:>,lc,roelhyene -0.8AJ8
t I -Dichlor::>•~thont> -
1 · 1 -o;cnloroetherie -
C~1oroform --4 1 J
IJJ
9.4.:
Chlorom'!thone -2 9
42 -.:rs-:,2-0icnioroetnene -
Tet•<Jcnlo,oeth~'!ne -l ?O
Tr.chloroeth_,erie -5.JJ
Tr,chlorotrilluoroe:hone -€OJN
.\'ORTH
Chlo,oforrTI -1. 7J
Corban Te\rachloriae -4.2J
r,;cn1oror1,~o•omethcne -99
,_._,...,' ,_l± ' ~H! I~
1
CARNAT1m' I
MILK CO. ',
/
' '
3romidlcnloromethone
Chlorotorm - I 0.0
-: 4J
/
/
(m-0 ,,0;0, o-1 ,1tene -8.2J
1, 1 -Dicnloroetnone -l9J
LEGEND
\ 1 Dicl'lloroethyene -2lJ ,;s-:.2-D,criloroethone -20J
Tetrachloroethyene -230
• MONITORING WELL
CONCENTRATIONS IN ug/l
0Ft11.,,1i Br, J.C.
(nloroform -,l9J
6
.1\'/-I
,. -\IW-ro 1 --~." .. '--: ~ . "----tTl
'~"'--f \\
1 1 t-Trichlorc~\M<:Jn~ -J.9J
1: 1 "-0ict1!')rQ~!han~ -! 5J
1, 1-0ictlloroet~ene -_g
ci-s-1.:-0;:,,10,octncnc -13.J
Tetrocnlcroctny~f'lc --11 0
Jrichlorc-et>i)'C"~ -4.0J
1,1,1-Tricnloroetnone -7.4J
1, 1-Dicnioroetnone -1 Jj '
1 1-Dicnl,;,roe!hcne -7--
cls-1.:?-[.,cl'lloroetnene -20
Tetrochloroethyene -52
1 I : -iricnloro~\"C"C -7.•J 1 · 1--□:cnlorol!thone -1 JJ
1 '1 □,chloroethycne -7.JJ c;s-l,:?-□;criloroelhene -20
Tetrochloroethy-ene -11 0
l
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site· OU1
Section: 2
Revision: 1
Date: February 1997
FINDINGS OF THE PHASE II RI RELATING TO GROUNDWATER
CONTAMINATION
Phase II of the FCXS RI was primaril~ an expanded investigation of groundwater quality and
alleged trench location. Existing, on-site permanent monitoring wells and a network of 12
temporary monitoring wells, located both on-site and off-site, were sampled to provide further
' groundwater characterization.
Because EPA is currently pursuing delineation of the chlorinated solvent plume with Burlington
Industries (Operable Unit Three), the Phase II groundwater sampling program was designed
primarily to evaluate the extent of pesticide contamination. Samples for purgeable organic
compound analyses were also collected to obtain additional information on the extent of the
chlorinated solvents. The pattern of contamination and groundwater flow patterns developed
during Phase I of the investigation formed the basis for selection of the temporary monitoring
well and permanent bedrock monitoring well locations chosen by EPA for Phase II.
Most of the temporary monitoring wells were installed to provide additional data to be used to
evaluate the lateral extent of contaminants in the overburden portion of the aquifer. One of the
temporary wells, however, was installed to evaluate contamination previously identified in
permanent well MW-3 that was significantly higher than detected in any of the other permanent
wells.
NOR/K: \ WP\ 04400\ 078\ SOWRPM0 1. WP 2-10
• •
This document was prepared by Roy F. Weston, Inc., expressly fort EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
2.5.1 Pesticides
Groundwater Remedial Action
Statement of Work
FCX Site • OU1
Section: 2
Revision: 1
Date: February 1997
In the saprolite, pesticides in groundwater are restricted to the FCXS property, with the
exception of one detection of lindane. Lindane is one of the most mobile pesticides, and would
therefore be expected to migrate farther than the other pesticides; however, the presence of
lindane in the off-site well is difficult to explain. If the estimated movement of lindane in the
saprolite is projected to be equal to the groundwater velocity, it would take over I 00 years for
lindane to move through the saprolite from the closest area of lindane groundwater contamination
on the site to the off-site well. Also, the well is not directly downgradient of areas of pesticide
contamination at the site. Figure 2-5 depicts the approximate extent of pesticides in
groundwater.
The modeled potential extent of pesticide contaminant plumes in the saprolite based on the
observed lindane migration ranged from only a few feet from the source area for DDT and DDD
to over 100 feet from the source area for the most mobile pesticides. Contaminant migration
rates in the bedrock are projected to be faster than contaminant migration rates in the saprolite.
Only the more mobile pesticides (BHCs and endrin ketone) have been found in samples from
any bedrock wells, indicating that the vertical movement of the other, less mobile pesticides
through the saprolite has not yet been detected in the bedrock groundwater.
2.5.2 Volatile Organic Compounds
The results of soil transport modeling show that, potentially, the TCE, PCE, and related
contaminants detected in groundwater beneath the site may have been leached from soils along
the northern side of the site at some time in the past. It is therefore possible that some of the
voe contamination now detected in groundwater beneath the site is the result of past leaching
NOR/ K:\ WP\ 04400\ 078\ SOWRPMO 1 . WP 2-11
..,
NORTH
'ARNATIO
MILK CO.
-12
'iON suRUN'--'
•
MW-9 . . \ \
, 0
T-6 0
T-J
MW-11.
0
T-1
,,,.-,,.., I
/ /
/ I I
/--; ,,. I I LECEND
', /' GWELL LL
/ • MONITORIN MONITORING WE / / Q TEMPORARY -AF>:f
I D DETECTION BOUND 1 I ESTIMATE
, 1-OF' HIGHEST
• • • • ~;:cENTRATtONS ---~
•-PHASE " o, REPO
(OH•E•J'7)' 2 5
SOURCE, EPA'"' -FIGURE - F PESTICIDES
OVERALL DISTRl~~T~o:,.,si II RI, 1992
IN GROUNDWA~ STATESVILLiOLINA
FCX NORTH CA STATESVILLE,
•
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA. '
Groundwater Remedial Action
Statement of Work
FCX Site· OU!
Section: 2
Revision: 1
Date: February 1997
of voe contaminated soils. The location of TCE and PCE contaminated soils beneath mostly
impervious areas suggests that present soil leaching of these contaminants from FCXS is likely
to be insignificant.
VOCs have generally been found in soils in concentrations of less than 10 µg/kg and are mostly
present in soil samples from less than 3 feet deep. Soil VOCs are primarily trichloroethene
(TCE) and PCE. Groundwater samples indicated contamination by VOCs in excess of the
Federal Maximum Contaminant Levels (MCLs) and the North Carolina Drinking Water
Standards, both beneath the site and in a plume extending downgradient of the site. Figure 2-6
depicts the approximate extent of PCE in the groundwater. The distribution of the chlorinated
VOCs in soils, groundwater, sediment, and surface water samples indicates that some of the
VOC contamination may have originated from an off-site source to the north of the FCXS
property.
2.5.3 Metals
Some groundwater samples also contain metals in excess of Federal or state groundwater or
drinking water quality standards. According to the Phase II RI (EPA, 1992) these metals
concentrations do not appear to be directly site-related.
2.6 GROUNDWATER SAMPLING-DECEMBER 1995
As part of OU3, additional monitor wells were installed in the vicinity of FCX, and select wells
were sampled in December 1995. Monitor wells MW-5s, MW-5d, MW-11, W-22, W-23,
W-24, W-25, W-27, and W-29 were sampled for VOCs, SVOCs, metals, pesticides, and PCBs.
NOR/K: \ WP\ 04400\ 078 \ SOWAPM0 1 . WP 2-13
NORTH '"""""O" ,,o I
0
T-5
'1:l
I
I o , 0
T-6
\
\ 0 I T-2 .
~ ''"
\ T-3 I
\ I
'--.....
IAW-11
•o
LEGEND
• MONITORING WELL 0 T[SPORARY ~ MONITORING WELL
~ AREA OF HIGHEST CONCENTRATIONS
;;: -->10 /L I SOURCE: ---ug TETRACHWROETHENE
O~
"_, r--"'"E~P•~s:m,:~WAP ::.:(oH:•El ~:><~7~ ~~=:~~~:;~;::::-----•-~O~ET~EC:1~8:0:UN:O:AR:Y __ ~J : ) ' PHAS[ 11 RO REPORT
TETRACHLORbrTURE 2-6
IN GROUNDWATER HJNE DISTRIBUTION
F~~ASE 11 _vE1Rg89UlDEN WELLS
STATESVILLE irt TESVILLE . RTH CAROLINA
•
This document was prepared by Roy F. Weston, lnc., expressly for EPA. It shall not be disclosed, in. whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Sito -OU1
Section: 2
Revision: 1
Date: February 1997
Monitor well locations are shown on Figure 2-7; VOC and pesticide/PCB results are summarized
in Table 2-2.
2.6.1 Pesticides
It appears that in the saprolite, pesticides in the groundwater are restricted to the FCX property.
Lindane and alpha-BHC were detected in one off-site bedrnck well (MW-11). Lindane and the
BHC compounds are some of the more mobile pesticides and would therefore be expected to
migrate farther than other pesticides. Also, contaminant migration rates in the bedrock are
projected to be faster than contaminant migration rates in the saprolite.
ROD cleanup goals were exceeded for alpha and beta BHC and lindane in three wells. Alpha-
BHC and lindane concentrations exceeded cleanup gqals in MW-5s and MW-5d (on-site saprolite
and bedrock wells, respectively) and MW-11 (an off-site bedrock well). Beta-BHC exceeded
cleanup goals in MW-5s and MW-5d.
2.6.2 Volatile Organic Compounds
Groundwater samples indicated that contamination by VOCs in excess of the MCLs and North
Carolina Drinking Water Standards, both beneath the site and downgradient of the site, exists.
VOCs exceeding MCLs were detected in both saprolite and bedrock wells with the highest
concentrations in bedrock wells.
'
NOA /K:. \ WP\ 04400\ 078\ SOWRPM0 1. WP 2-15
1 0 .. ~
TON \NO, suRUNG
•
W-2411 eMW-11
s. Source: EPA Site Mop (DH1E1J<f7), Pho:Je II RI Report -;::-Approximate Scale: 1 • "" 150' C
FIGURE 2-7
MONITORING WELL LOCATIONS -1995
FCX -STATESVILLE
STATESVILLE, NORTH CAROLINA
LEGEND:
e MONITORING -WELL
11 OU3 MONITORING WELL
Table 2-2
Groundwater Sampling Results
December 1995
ROD Monitor Well Identification/Sam le Date
Cleanup MW-Ss MW-Sd MW-11 W-22 W-23 W-24 W-25
Parameter u /I Goal 12/11/95 12/13/95 12/13/95 12/14/95 12/12/95 12/13/95 12/12/95
Pesticides/PCBs
Alpha-BHC 0.01 i ~6./ Beta-BHC 0.01 ·:.:•039.· 0.11N
Delta-BHC
Gamma-BHC (lindane) 0.02110.2·
Endrin 2· 0.11
Endrin Ketone 0.35 1.5
Volatile Orang/cs
Acetone 100· 6U 12U 6U SU 7U 7U
Benzene 1· 0.SJ
Bromomethane 0.4J
Carbon Disulfide 0.2J 0.2J
Carbon Tetrachloride 0.3• 0.3J
Chlorobenzene so· 0.7J
Chloroform 0.19 ·1••.o•eJt··
1,2-Dichlorobenzene
1,4-Dichlorobenzene
1, 1-Dichloroethane 11100·
1,2-Dichloroethane 0.38·
1, 1-Dichloroethene 7
cis-1, 2-Dichloroethene 0.5J Ethylbenzene 29•
Methylene Chloride 5•
Tetrachloroethene 0.7 0.5J
Toluene 1000·
1, 1, 1-Trichloroethane 200· 0.3J 2J
1, 1,2-Trichloroethane 0.4J
Trichloroethene 2.8 2J 2
Vin I Chloride 0.015•
Abbreviations:
N=Presumptive evidence of presence of material
U=Method detection limit elevated based on concentrations of contaminants in the laboratory and/or field blanks
J=Estimated value below reporting limit
Notes:
Highlight indicates concentrations exceeding ROD cleanup goals and or North Carolina MCLs.
•NCDEHNR MCL as of November 25, 1994.
NORIX~TBJEJ001JU.S -4115196
W-27 W-29
12/12/95 12/13/95
•
7U SU
0.1J • 1U < 23_•.:· •.
0.1J
0.8J
2
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA
2.7 LITHOLOGY AND HYDROGEOLOGY
Groundwater Remedial Action
Statement of Work
FCX Site • OUl
Section: 2
Revision: 1
Date: February 1997
The soils at the site are primarily silts or clays. These soils textures promote runoff rather than
infiltration of precipitation and are capable of being transported substantial distances by wind or
surface water. Presently, the most highly contaminated soils are covered by paved areas and
are therefore unavailable for surface-water or wind transport. It is likely t_hat further
contaminant transport via soils erosion will be insignificant.
The soil permeability, or hydraulic conductivity, controls the amount of groundwater recharge,
surface-water runoff and percolation, and rate of contaminant migration through the saturated
zone. At FCX, the calculated hydraulic conductivity in the saprolite is approximately 1.62 x
J0·6 ft/sec, which is indicative of a relatively low permeability unit. The depth to the water table
ranges from about 25 to 28 feet. This thickness of the unsaturated zone should allow for
substantial soil immobilization of many of the site-related contaminants.
FCX is located in a hilltop topographic setting. Such hilltop topographic locations are
characteristically groundwater recharge zones. In groundwater recharge zones, groundwater
flow usually has a downward component and the migration of contaminants into deeper parts of
an aquifer may be enhanced in such areas. Water quality data suggest that this is the case at
FCX.
Measurements made at the site indicate that the hydraulic conductivity of the saprolite
(weathered bedrock) is relatively low. The bedrock hydraulic conductivity is probably highly
variable, with limited zones of high or moderate permeability along rock fractures, separated by
substantial interfracture areas of extremely low or no permeability. The hydraulic conductivity
NOR/K: \ WP\ 04400\ 078 \ SOWRPMO 1. WP 2-18
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission at EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 2
Revision: 1
Date: February 1997
contrast between the bedrock and saprolite may also cause groundwater to flow downward from
the saprolite into the bedrock.
The hydraulic gradient appears to steepen toward the south and east. The variations in the
hydraulic gradient suggest that the site is near a groundwater divide.
The high soil clay content reduces the mobility of both organic compounds and inorganic
substances. In bedrock, fracture flow predominates, favoring increased contaminant mobility
in the bedrock (EPA Phase II RI, 1992).
2.8 DESCRIPTION OF THE SELECTED REMEDY
On September 27, 1993, the Acting Regional Administrator of the Region IV office of the U.S.
EPA signed the Record of Decision (ROD) selecting Alternative Three, pump-and-treat using
chemical precipitation/filtration and carbon adsorption, for the treatment of contaminated
groundwater identified on and south of the FCX property. The NCDEHNR and the community
concurred with the selection. The selected method is intended to prevent off-site migration of
contaminated groundwater to private wells in the area, and to reduce the groundwater
contaminant levels to meet the groundwater ARARs or discharge criteria to be detern1ined during
the RD identified in the FS.
Groundwater will be extracted from the aquifer using an estimated 10 extraction wells and
transported to an on-site treatment facility for treatment by chemical precipitation/filtration and
carbon adsorption. Treated water meeting discharge requirements will be discharged to the local
publicly-owned treatment works (POTW). Table 2-3 summarizes the contaminants of concern,
remediation goals and discharge requirements.
NOR/K:\ WP\ 04400\ 078\ SOW RP MO 1. WP 2-19
•
This document was prepared by Roy F. Weston, lnc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Table 2-3
Groundwater Remediation Goals
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 2
Revision: 1
Date: February 1997
Potential GW Cleanup Goals (µg/L)
Remediation Exposure
Point Cone (a) NCGW Goal (b)
Chemical (µg/L) IE-4 IE-6 HQ=! MCL Standard (µg/L)
Barium 326 987.9 2,000 1,000 988
Beryllium 2 1.26 0.0126 4 (d) 0.013
Chromium 58 100 50 50
Manganese 2,400 1,412 200(c) 50 50
Vanadium 52 98.11 -- --98
Alpha-Chlordane 0.14 0.824 2 0.027 0.027
Gamma-Chlordane 0.11 0.846 . 2 0.027 0.027
Dieldrin 0.081 0.338 0.0034 0.675 -- --0.0034
Heptachlor Epoxide 0.028 0.596 0.0060 0. 187 0.2 0.038 0.006
Alpha-BHC 0.37 0.860 0.0086 ----0.0086
Beta-BHC 0. 15 3 0.03 -- --0.03
Lindane 0.37 4. 16 0.0416 0.2 0.0265 0.027
Bromodichlorornethane I 41.5 0.415 100 --0.41
Chloroform 7 67.3 0.673 100 0.19 0. 19
Chloromethane 3 286 2.86 ----2.9
1, 1-Dichloroethane 9 70.9 0.709 -- --0. 71
1.1-Dichloroethene 7 7.02 0.0702 7 7 0.07
PCE l03 IOI 1.01 141.1 5 0.7 0.7
Trichloroethene 5 316 3.16 5 2.8 2.8
Bis(2-ethylhexyl)phthalate 8 386 3.86 6 --3.9
Notes: (a) = As calculated in Risk Assessment.
(b) = If remediation goal is below detection limit, the detection limit will be used as remediation goal.
(c) = No MCL established. Value provided is MCL Goal.
(d) = No standard promulgated.
"-·" means no standard has been established.
"< DL" means less than detection limit.
NOA/ K; \ WP\ 04400\ 055\ SOWRPM0 1 . WP 2-20
-
Discharge
Limit
(µg/L)
--
--
--
--
--
I
I
I
I
I
I
I
<DL
0.19
<DL
<DL
7
0.7
2.8
<DL
01/97
•
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
3.1 GENERAL OVERVIEW
SECTION 3
REQUIRED ACTIVITIES
Groundwater Remedial Action
Statement of Work
FCX Site -OU 1
Section: 3
Revision: 1
Date: February 1997
The groundwater remediation system shall be designed, installed, operated and maintained by
the Contractor. The Contractor shall install a test well and conduct a step-drawdown test and a
72-hour aquifer pumping test to estimate expected pumping rates and zone of influence.
Following installation of the groundwater remediation system, the Contractor shall withdraw
contaminated grou!]dwater from extraction wells, treat the contaminated groundwater, ·discharge
the groundwater to the sanitary sewer, and demonstrate the effectiveness of the system relative
to the perfomiance criteria. The Contractor shall track the progress of the remediation by
collecting and analyzing effluent samples, determining the hydrologic capture zone, and
collecting and analyzing monitor well samples. The Contractor shall also monitor water quality
in the lower aquifer. The Contractor .shall operate, maintain, and monitor the groundwater
remediation system for a demonstration period following installation and for two years
thereafter. The Contractor_ shall evaluate the effectiveness of the groundwater remediation
system as new data become available, and shall implement any changes to the remediation
system that are necessary to maintain effective groundwater cleanup. All work performed under
this contract shall be under the supervision of a Professional Engineer registered in the State of
North Carolina.
This Statement of Work (SOW) provides the performance criteria for installation, operation, and
evaluation of the remedial system, as well as for the pre-remediation pumping test. The
Contractor shall be solely responsible for performing the detailed design of the system in order
NOA/K:\ WP\ 04400\ 078\ SOWAPM0 1. WP 3-1
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU 1
Section: 3
Revision: 1
oclte: February 1997
to install and operate the system to meet the objectives and requirements stated herein. At a
minimum, the Contractor shall perform all engineering, process, hydraulic, electrical,
mechanical, civil, structural, and other calculations necessary to ensure proper sizing of
equipment, piping, valves, wiring, and all required ancillary equipment. It is the Contractor's
responsibility to meet all performance criteria contained in this document.
The hydrologic and chemical data presented in the RI and PRI reports are representative of the
, locations and conditions where the work was conducted and of the time that work was
conducted. The Contractor is responsible for achieving the Perfom1ance Criteria regardless of
whether conditions vary at locations away from the tested wells or chemical concentrations
change over time.
The Contractor shall comply with all Federal, state, and local rules, regulations, and permitting
requirements that could affect the performance of this work. Applicable regulations include, but
are not limited to the following:
• Resource Conservation and Recovery Act
• Occupational Safety and Health Administration Requirements
• State Hazardous Waste Regulations
• Other Federal, state and local ordinances
• Clean Water Act
The Contractor shall be liable for all penalties assessed due to permit violations or other
inadequacies of the remediation system.
NOR/K: \ WP\ 04400\ 078 \ SOWAPMO 1. WP 3-2
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 3
Revision: 1
Date: February 1997
The Contractor shall complete the work efficiently and in accordance with accepted industry
standards. The Contractor shall ensure that the final design meets applicable and relevant codes
and guidelines, including the pertinent requirements of the following organizations:
AASHTO -American Association of State Highway and Transportation Officials
ACI -American Concrete Institute
AIEE -American Institute of Electrical Engineers
ANSI -American National Standards Institute
API -American Petroleum Institute
ASCE -American Society of Civil Engineers
ASME -American Society of Mechanical Engineers
ASTM -American Society of Testing Materials
AWS -American Welding Society
AWWA -American Water Works Association
NBS -National Bureau of Standards
NEC -National Electrical Code
NEMA -National Electrical Manufacturing Association
OSHA -Occupational Safety and Health Administration
Material and equipment shall conform to the Contractor's final design specifications and
standards. For manufactured and fabricated products:
• Design, fabricate, and assemble in a workmanship-like manner.
• Manufacture like parts or duplicate units to standard sizes and gauges to be
interchangeable.
• When two or more of the same item are required, the items shall be identical and
provided by the same manufacturer.
• Products shall be suitable for service conditions.
NOA /K;\ WP\ 04400\ 078 \ SOWRPMO 1. WP 3-3
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permissioii of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site • OU1
Section: 3
Revision: 1
Date: February 1997
The Contractor shall perform the work in accordance with the manufacturer's instrnctions.
Five copies of all deliverables shall be submitted to the Project Representative.
3.2 PRE-REMEDIAL PLANS. PERMITS, AND PUMPING TESTS
Prior to any field activities, the Contractor shall prepare the following supplementary plans:
• Pump Test Work Plan
• Health and Safety Plan/Contingency Plan (HASP/CP)
• Quality Assurance Project Plan (QAPP)
These documents shall be submitted together. After the Pump Test Work Plan and QAPP have
been approved by the Project Representative, the Contractor shall install the test well and
perform the pumping tests and groundwater sampling.
3.2.1 Health and Safety Plan/Contingency Plan
Prior to mobilizing for the test well installation and pumping tests, the Contractor shall prepare
a Health and Safety Plan/Contingency Plan (HASP/CP) covering all aspects of site work. The
HASP shall comply with the requirements of OSHA Standard 29 CFR 1910.120(b)(l) through
(b)(4), and shall include a health and safety risk analysis, a description of monitoring and
personal protective equipment, medical monitoring, and site control. The Contractor shall also
comply with all other applicable OSHA requirements.
NOA/K:\ WP\ 04400\ 078\ SOWAPMO I .WP 3-4
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site • OU1
Section: 3
Revision: 1
Date: February 1997
The Contingency Plan shall be written for the on-site workers and the local potentially-affected
population. The plan shall include a Spill Prevention Control and Countermeasures (SPCC)
Plan, which shall include the following:
1. Contingency measures for potential spills and discharges of contaminated groundwater
or other material.
2. A description of the methods and facilities to be implemented to prevent contamination
of soil, water, atmosphere, uncontaminated structures, equipment, or other material by
spills or discharges.
3. A description of the equipment and personnel necessary to perfonn emergency measures
to contain any spillage and to remove spilled materials-and soils or liquids that become
contaminated due to spillage. Disposal methods for collected spill material must be
identified.
4. A description of the equipment and personnel to perform decontamination measures that
may be required for previously uncontaminated structures, equipment, or material.
3.2.2 Quality Assurance Project Plan
' The Contractor shall establish and implement a comprehensive quality assurance program in
order to define the reliability of the samples collected and analyses performed under this SOW.
This program shall be documented in the QAPP.
NQR/K:\ WP\ 04400\ 078\ SOWRPM01 .WP 3-5
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. lt shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU 1
Section: 3
Revision: 1
Date: February 1997
The Contractor shall describe the procedures for the collection of groundwater and effluent
samples. The procedures shall be in conformance with EPA Region IV Environmental
Investigations Standard Operating Procedures and Quality Assurance (EISOP QAM), May 1996.
Duplicate, blank, and spike samples shall each number 10 percent of the total number of
samples.
The Contractor laboratory performing the organic analyses under this SOW shall follow the
analytical protocols and quality control requirements as specified in "Superfund Analytical
Methods for Low Concentration Water for Organics Analysis," October 1992. The laboratory
perfom1ing the inorganic analyses under this SOW shall follow the analytical protocols and
quality control requirements as specified in USEPA Contract Laboratory Program Statement of
Work for Inorganic Analysis, Multi-Media, Multi-Concentration, Document Number ILM02.0,
Including Revision ILM02. l, September 1991. The laboratory quantification limits must be
lower than the remediation goals established in Subsection 3.4.2 of this SOW and the treatment
performance criteria (i.e., the limits in the discharge permit), unless not achievable by any EPA-
approved analytical method.
3.2.3 Regulatory Compliance and Permitting
The Contractor shall describe the approach for ensuring regulatory compliance and for acquiring
and renewing the necessary permits to perform all of the services required as part of this
Statement of Work. The Contractor shall document compliance with all Federal, state, and local
rules, regulations, and permitting requirements.
NOA /K:\ WP\ 04400\ 078 \ SOWRPMO 1. WP 3-6
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express written permission of EPA
3.2.4 Groundwater Pumping Test
Groundwater Remedial Action
Statement of Work
FCX Site -OUl
Section: 3
Revision: 1
Date: February 1997
In order to define the hydraulic properties of the shallow aquifer underlying the FCX site, a
step-drawdown and a 72-hour aquifer test shall be conducted. The purpose of these tests is to
estimate the flow rate that the shallow aquifer will sustain and the zone of influence that will be
created during pumping of groundwater from one well. The test well is to be completed as an
extraction well and installed in accordance with Section 3.4.2.
A test well, screened in the overburden, will be installed to conduct the tests. Monitor wells
MW-I, MW-2, MW-3, MW-4, MW-5S, MW-5D, MW-6S, MW-6D, MW-7, MW-8, MW-9,
MW-IO, MW-II, W-22, W-23, W-24, W-25, W-27, and W-29 shall be used as observation
wells. Monitor well locations are shown in Figure 2-7.
Pressure transducers, connected to automatic data loggers, shall be used to monitor water levels
in each observation well. Prior to placement within the well, equipment shall be decontaminated.
At the pumping well, the pump shall first be set near the bottom of the well, and then the
transducer shall be installed within I foot of the top of the pump. Transducers installed within
the observation wells closer to the pumping well shall be set deeper than those installed within
observation points located farther away. All data recorded by the data logger shall be stored
electronically for subsequent review and analysis.
Prior to conducting the step-drawdown and 72-hour aquifer test, water levels in all monitor wells
listed above shall be monitored for approximately 24 hours in order to assess natural or
manmade fluctuations in the aquifers. This background data shall be recorded at five-minu.te
intervals. Depth-to-water measurements will be collected from all wells involved in the testing
NOR /K; \ WP\ 04400\ 07 8 \ SOWRPMO 1 .WP 3-7
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This document was prepared by Roy F. Weston, Inc., expressly for EPA It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX s;te • OU1
Section: 3
Revision: 1
Date: February 1997
at the beginning of the 24-hour period. The measurements will be collected once again from
the wells at the end of the testing.
At the end of the 24-hour background data collection period, a 4-hour step-drawdown test shall
begin at a low flow rate (e.g., 0.25 gallon per minute) and, after a I-hour period of pumping,
the flow rate shall be increased sequentially per one-hour period for three hours. If, during the
test, the aquifer does not appear to be able to sustain the pumping rate, the rate shall be
decreased until the flow rate from the aquifer is stable. Monitoring of the water levels through
the transducers should provide the information necessary to select the optimum flow rate. The
step-drawdown test shall be monitored and recorded by the transducer and data logger system.
Before starting the 72-hour test, water table levels within the monitor wells must recover to
within 90% of the pre-step-drawdown test levels.
Prior to the start of the 72-hour aquifer test, the transducers will be checked at each well
location for stability of the position within the well and to ensure that each transducer is
functioning correctly. The flow rate for this test shall be the maximum stable flow rate
detennined during the step-drawdown test. The flow rate shall be maintained during the entire
length of the test. During this test, the data logger shall be programmed to record data
logarithmically.
At the end of the 72-hour period, the pump shall be turned off, marking the end of the pumping
phase of the test. The pump and all transducers shall be left in place for a 24-hour recovery
period. It is imperative at this point in the test that none of the water remaining in the tubing or
pipe leading from the pump be allowed to re-enter the well via the pump. A gate valve within
the line at the well head or a check valve within the pump shall be used to prevent backflow.
NOA/K:\ WP\04400\ 078\ SOWRPMO 1. WP 3-8
•
This document was prepared by Roy F, Weston, lnc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 3
Revision: 1
Date: February 1997
After the 24-hour recovery period, the data logger may be turned off and all equipment removed
from the wells.
3.2.S Groundwater Sampling
To verify the need for the treatment of water to remove various contaminants, the Contractor
shall sample groundwater from test well RW-1 after continuously pumping the well for at least
one hour. The turbidity must be less than I NTU so that the sample will be essentially free of
suspended particles in which metals or organic contaminants may be incorporated. The samples
shall be collected from the pump discharge at the end of a continuous pumping period. The
samples shall be analyzed for total suspended solids, total dissolved solids, and all metals and
organic compounds listed in Table 2-3 or in the discharge pem1it. In addition, a sample from
each of these wells shall be field filtered (0.45 µm filter) and analyzed for lead and manganese
Analytical methods from an approved QAPP shall be employed .
. 3.3 WORK PLAN PREPARATION
The Contractor shall prepare and submit to the Project Representative five copies of a Remedial
Action Work Plan (RAWP). The objectives of the RAWP are to:
• Present the results of the pumping test
• Provide the basis and details of the final design
• Present the remedial action approach
Following receipt of comments from the Project Representative, the Contractor shall revise the
draft RA WP and resubmit it to the Project Representative. The Project Representative's
NOR/K: \ WP\ 04400\ 07 8 \ SOWAPM0 I. WP 3-9
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section; 3
Revision: l
Date: February 1997
approval of the RA WP must be obtained prior to mobilization. The RA WP shall contain, at a
minimum, the components discussed in the following subsections.
3.3.1 Pump/Aquifer Test Results
The Contractor shall present the results of the pumping tests, including, but not limited to:
• All water level data recorded in each observation well during the background data
collection period, the step-drawdown test, the recharge period, and the aquifer
test.
• Pumping rates during the step-drawdown test and the aquifer test.
• Justification for the selection of the pumping rate used during the aquifer test.
• Maps indicating the zone of influence observed at the end of each step of the
step-drawdown test and during the last hour of the aquifer test. The maps shall
indicate using iso-elevation contour lines the water elevations during pumping and
the lateral extent over which a measurable drop in elevation occurred.
• 72-hour aquifer test data analysis for transmissivity and storativity values of the
shallow aquifer, and the clay confining unit, if applicable. All calculations and
methods used to determine the transmissivity and storativity shall be presented.
NOA/K:\ WP\ 04400\ 078 \ SOWAPMO 1 . WP 3-10
• •
This document was prepared by Roy F. Weston, Inc., expresslY for EPA. It shalt not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site· OU1
Section: 3
Revision: 1
Date: February 1997
The Contractor shall use the results of the pumping tests to develop an appropriate extraction
system design which meets the objective by preventing the pesticide contamination plume from
migrating off-site while determining the minimum sustainable flow rate that is required for the
entire groundwater extraction system. The Project Representative will independently evaluate the
flow required. If the flow rate exceeds 25 gpm for the entire groundwater extraction system, the
option to increase the required flow range will be exercised by the Project Representative.
3.3.2 System Design and Layout
The Contractor shall describe the proposed design and layout of the groundwater
extraction/treatment/discharge system. Full-size design drawings are not necessary in the Work
Plan; however, diagrams of the system layout and major processing steps shall be provided.
The layout shall provide, at a minimum, proposed extraction and monitor well locations, piping
alignment, pump placement, location of treatment processes, and discharge point. The schematic
diagram of major processing steps shall show all major equipment and major material flows and
processing conditions. Major equipment sizing shall also be provided. The Contractor shall
describe system installation, startup and performance demonstration, monitoring and O&M
responsibilities, site cleanup, and the implementation of optional services described in the
~tatement of Work, which may be exercised. The Contractor shall also indicate the wells to be
used as part of the performance monitoring network (see Subsection 3.2.2).
3.3.3 Remedial Action Schedule
The Contractor shall provide a schedule for the remedial action. The schedule shall include, at
a minimum:
NOR/K: \ WP\ 04400\ 07 8 \ SOWRPM0 1. WP 3-11
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
• Design
• Pennitting
• Mobilization
• System installation
• Startup and perfonnance demonstration
• Monitoring
• O&M activities
• Reporting
Groundwater Remedial Action
Statement of Work
FCX Site • OU1
Section: 3
Revision: 1
Date: February 1997
The schedule must comply with the project schedule provided in the SOW (Section 4).
3.4 GROUNDWATER REMEDIATION SYSTEM
3.4.1 General Requirements
The Contractor shall provide all necessary supplies, services, and utilities to install and operate
the groundwater remediation system.
The performance of all components of the remediation system shall be guaranteed for the
duration of this contract. Any component that fails during the contract period will be replaced
by the Contractor at no additional charge -to the Project Representative.
The Contractor is responsible for performing a utility survey to ensure that no utility lines
impact or are impacted by the remediation system.
NOA/K: \ WP\ 04400\ 07 8 \ SOWAPM0 1 .WP 3-12
•
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
3.4.2 Extraction System
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 3
Revision: 1
Date: February 1997
The groundwater remediation system shall extract groundwater from.the portions of the surficial
aquifer that exceeds the groundwater goals listed in Table 2-3. A minimum of ten extraction
wells (including the test well) are to be installed at the approximate locations shown in Figure
3-1. The approximate extent of contamination can be detennined from · the sampling results
presented in the RI and PRI reports and on Figures 2-5 and 2-6. The Contractor is required to
maintain hydraulic capture of all site groundwater with chemical concentrations in excess of the
groundwater goals using wells along the southern and eastern boundaries of the site (see
Figure 3-1).
The extraction system shall achieve the following minimum criteria:
1. All contaminated groundwater within the overburden, migrating from the site, shall at
all times be within the capture zone of the extraction system.
2. The extraction system in the surficial aquifer shall be constructed along the southern and
eastern boundaries of the site and shall include a minimum of IO vertical extraction wells
or 2 horizontal extraction wells.
3. The screened portion of each well shall fully penetrate the surficial aquifer (to a
maximum depth of 65 feet).
4. Groundwater shall be extracted at a rate which will maintain hydraulic capture of
contaminated groundwater from the site up to 25 gpm.
NOR/K;\ WP\ 04400\ 076\ SOWRPM01. WP 3-13
•
C2
•
auRUNG10N \NO,
eMW-11
/&l ~
'
I ,
r-~J/r--...... -----::. -::......-......._
I ...., ...., ',
I ', ,.,..,.-I __ .,....._.,.l I
// I / /
,, / / LEGEND: ,, ----------
/ / e MONITORING WELL
I I ® PROPOSED RECOVERY. WELL I I
--ESTIMATED DETECTION BOUNDARY
-;:-Source: EPA Site Mop (DH1E1347), Phase II Rt Report ---AREA OF HIGHEST
Approlrimote Scolo: 1· -1so· CONCENTRATIONS ~ 1--":;:;.;,.;=~=;;;..;.-..;.;;.;; __________________ ......;;;.;;.;.:;:;.;;;;.;.;.;.a.;.;.:.:;;.;,;;. ___ __,
FIGURE 3-1
PROPOSED EXTRACTION WELL LOCATIONS
FCX -STATESVILLE
STATESVILLE, NORTH CAROLINA
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site . OU 1
Section: 3
Revision: 1
Date: February 1997
5. Groundwater extraction shall not adversely impact other groundwater users, if any, in
the vicinity of the site.
The Contractor 1s fully responsible for finalizing the design and for meeting all criteria,
regardless of the extraction rate and number of wells actually required to meet these criteria.
The extraction system shall include vertical and/or horizontal extraction wells, pumps, valves,
meters, and piping to convey the groundwater to the treatment system. The Contractor shall
install the extraction wells as needed in accordance with the following:
• Well installation standards of the State of North Carolina
• EPA Region IV EISOP QAM)
Drilling logs shall be recorded in accordance with EPA Region IV EISOP QAM and submitted
to the Project Representative within 30 days of the completion of all extraction wells, and shall
include, at a minimum, the following information:
• USCS soil classifications and estimated percent of each soil type
• Blow counts per foot
• Depth to groundwater
The wells shall be installed without glues or ot_her compounds that may release VOCs.
NOA/K: \ WP\ 04400\ 078\ SOWRPM01. WP 3-15
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shalt not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 3
Revision: 1
Date: February 1997
After well installation, the Contractor shall survey the well locations to an accuracy of I ft or
less horizontally, and 0.01 ft or less vertically. The survey must be performed by a surveyor
licensed in the State of North Carolina.
The extraction wells shall be developed until the discharge groundwater is clear and free of
turbidity, sand, silt, and drill cuttings, as indicated by a measurement of 15 NTUs or less in well
samples. Storage and disposal of development water shall be the responsibility of the
Contractor.
The wells shall be securely locked and protected from damage from vehicles. The well pumps
shall be removable in less than 30 minutes for service or replacement.
The Contractor shall provide and install the equipment required to verify and document
achievement of the performance criteria. A totalizing flow meter and sampling port shall be
installed at each extraction well. A sounding tube shall be installed outside the extraction well
screen but inside the filter pack to allow water level measurement. Monitoring the performance
of the extraction system shall be achieved as described in Subsection 3.6, Operation,
Maintenance, and Related Activities.
The Contractor shall perform a hydrostatic test of all piping in accordance with the latest version
of A WW A Standard C-600 to confirm that no leaks exist prior to backfilling over the
transmission line, and shall repeat the hydrostatic test after backfilling. The Contractor shall
provide the necessary valves to remove an extraction well from the system without shutting
down the transmission line to the treatment system. The Contractor shall provide a valve and
NOR/ K:\ WP\ 04400\ 078\ SOWRPM0 1. WP 3-16
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site · OUl
Section: 3
Revision: 1
Date: February 1997
flanged end cap at the end of the transmission line to allow for possible future connection of an
additional transmission line.
The transmission line shall be protected from damage from freezing and other damaging weather
conditions.
3.4.3 Treatment System
The treatment system shall remove the contaminants as required to allow discharge of the water
to the sanitary sewer in accordance with the discharge permit from the City of Statesville. The
Contractor shall be required to meet the permit limits as performance criteria.
The treatment system shall be located on the former FCX property and shall include, at a
minimum (see Figure 3-2):
• Chemical reaction tank
• Chemical feed system
• Clarifier
• Activated carbon adsorption vessels (at least two in series)
• Sludge Thickening Process
• Associated pumping, piping, valves, and meters
Other unit processes (e.g., pH adjustment) may be necessary to achieve the discharge criteria.
The treatment system shall possess the following features:
NOR/K:\ WP\04400\ 078\ SOWRPMO 1. WP 3-17
J.
I
CHEMICAL FEED
SYSTEM
STORAGE TANK
'v ---
" I CLARIFIER /j
'C7 L
~ r
C f:J c~ C <I I CHEMICAL REACTION
~ " ~ I TANK
i---.. -I---I SLUDGE
I
I SLUDGE THICKENING
PROCESS ~ L _________________ J
RECOVERED \JATER
GRDUND\JATER EXTRACTION
ELLS (NOT ACTUAL NUMBER) LO 1,1
I ~ 5 LEGEND
\JATER L_00 '='---=--z
d ---RECOVERED \JATER
z ---SLUDGE
SAMPLE PORT ~ c;: DRA\JING NOT TO SCALE
l><l
FCX SUPERF\JND Sil£
ST A lESVILl.£, IREDEU. COUNTY
I SOUTH CAROUNA
-
-
" -
-
ACTIVATED CARBON
ADSORPTION
LJ::i I) DE\JATERED SLUDGE DISP
(RCRA LANDFILL> ~
•
DISCHARGE TO
SANITARY SE\JER
□SAL •
cJ SCHEMATIC DIAGRAM OF PROPOSED
· C/l GROUNDWATER REMEDIATION SYSTEM DRAW v. a. 111.
WRS 04-400--055 ~ Cl£Cl<ED APPROVED DVG. Ill. a.. FIGURE 3--2 ARCS-5 L-----------------------------'--------'-----~-------'------'---'--"-'=~--'
_j_ J
I I
CHEMICAL FEED
SYSTEM -STORAGE TANK
-'v ---
'v I CLARIFIER u
C7 I
~ r
[ ~ C (I [ ~ I CHEMICAL REACTION
ITT ITT ITT I TANK
SLUDGE -I
I
I SLUDGE THICKENING
PROCESS ~ L _________________ J
0 0 RECOVERED \I ATER
GROUND'w'ATER EXTRACTl□N
IO \I
I ELLS <NOT ACTUAL NUMBER)
~ ~ LEGEND
-----
, '-...._..,,
~ u
'-.__...,
ACTIVATED CARBON
ADSORPTl□N
Lb Jr DE'w'ATERED SLUDGE DISP
(RCRA LANDFILL)
•
DISCHARGE TD
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□SAL • 'w'ATER L.::~ -®-~ z
- -~ RECOVERED 'w'ATER d
Z ---SLUDGE
~ IXl SAMPLE PORT
Ci: DRA'w'ING NOT TD SCALE
FCX SUPERFUND SITE
~ATESVILI..E, IREDEU. COUNlY
SOUlH CAROLINA
SCHEMATIC DIAGRAM OF PROPOSED &j GROUNDWATER REMEDIATION SYSTEM DRA\IN TE v. o. Ill
WRS 96 04-400-055 ~ C1£C1<E1J APPR11VED TE lTw'G. Ill a.. L_ ___________ FI_GU_R_E_3-_2 ___________ ,__ _____ J_ __ __,_ _____ _,_ ___ __,___,A-"R..:..:C,,.,S"-----'5"----'
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site· OUl
Section: 3
Revision: 1
Date: February 1997
• Automatic shut down of the entire remediation system within 10 seconds in the
event of a malfunction that could cause the discharge or release of inadequately
treated water.
• Structural support and shelter (including walls) to completely enclose the
treatment system.
• Sampling ports on th_e influent and effluent lines.
3.4.4 Discharge System
Treated groundwater shall be conveyed by pipe to the sanitary sewer. The discharge shall meet
all requirements of the discharge permit, including effluent characteristics, discharge limitations,
and monitoring requirements (see Attachment A). A meter shall be installed at the discharge
to measure and continuously record flow rate and total flow. Meter failure will result in the
assumption that no water was discharged, unless the flow rate can be justified to the Project
Representative by other means.
3.4.5 Installation and Cleanup
The Contractor shall be responsible for locating and avoiding damage to underground utilities
in areas of well or piping installation, or any other activities involving subsurface disturbance,
and shall replace to existing conditions any utilities damaged during installation of the
remediation system. The Contractor shall replace and match any exis.ting asphalt pavement,
concrete, grass, fencing, landscaping, or other improvements that are displaced, disturbed, or
destroyed during installation or remedial activities. The Contractor shall install the remediation
system and shall cleanup and dispose of all debris generated pursuant to this SOW, including
NOR/ K:\ WP\ 04400\ 076\ SOWAPMO 1 . WP 3-19
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site. au,
Section: 3
Revision: 1
Date; February 1997
but not limited to drill cuttings and well development water, in accordance with applicable local,
state, and Federal regulations. The Contractor shall maintain safe and sanitary conditions both
during remediation and at contract completion.
3.5 STARTUP. PERFORMANCE DEMONSTRATION. AND AS-BUILT DRAWINGS
The Contractor, to demonstrate performance, shall operate the remediation system at full flow
rates while achieving all performance criteria for a minimum of 96 consecutive hours, and shall
continue operation in compliance with performance criteria to the end of the 30-day performance
demonstration period.
The Contractor shall provide to the Project Representative written records of flow meter/totalizer
readings and chemical analysis for each parameter in the discharge permit to document
perfomiance. Four samples collected at intervals of approximately 24 hours must indicate
pennit compliance to demonstrate performance. All testing results shall be forwarded to the
Project Representative within seven days of sampling. Analytical methods from the approved
QAPP shall be employed.
After successful performance demonstration and approval from the Project Representative, the
Contractor shall receive final payment for supplies and services provided as part of Task 001
of the Price Schedule. Title shall pass to the U.S. Government for the complete remediation
system at the time of acceptance of the performance demonstration results.
The Project Representative may terminate the Contractor for default if the performance criteria
are not achieved during the initial 30 days of the performance demonstration, and the Contractor
NOR/ K:\ WP\ 04400\ 078\ SOWRPMO 1 .WP 3-20
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 3
Revision: 1
Date: February 1997
shall return progress payments to the Project Representative if perforniance is not successfully
demonstrated. Alternatively, with the Project Representative's approval, the performan_ce
demonstration period may be extended beyond 30 days (at no additional expense) until the flow
rates and analytical samples from at least four consecutive days indicate compliance with the
perfonnance criteria.
Disposal of water that does not meet the requirements of the discharge pern1it shall be the
responsibility of the Contractor.
3.5.1 As-Built Drawings
Within 21 days after successful performance demonstration, the Contractor shall provide to the
Project Representative as-built drawings (sealed by a North Carolina Professional Engineer) of
the layout and piping and instrumentation diagrams showing all components of the remediation
system. The Contractor shall revise the drawings if necessary within 15 days after receiving
comments from the Project Representative.
With regard to utilities, the as-built drawings shall include:
• Horizontal and vertical locations of underground utilities and appurtenances within
50 feet of any portion of the remediation system.
• Locations of internal utilities and appurtenances concealed m construction,
referenced to visible and accessible features of the work.
NOR/ K:\ WP\ 04400\ 078\ SOWRPMO 1. WP 3-21
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site. out
Section: 3
Revision: 1
Date: February 1997
3.6 OPERATION, MAINTENANCE. AND RELATED ACTMTIES
Services to be provided by the Contractor following successful performance demonstration
include the following:
• Operation and maintenance (O&M) of remediation system
• Monitoring
• Providing an O&M Manual, monitoring reports, and other documentation
• Contract closeout
3.6.1 Operation and Maintenance
The Contractor shall perform O&M services for the remediation system for at least 47 weeks
of successful operation completed during the first 52 weeks after the acceptance of the
demonstration report. "Weeks of successful operation" are defined as seven consecutive
calendar days during which groundwater pumped at the rate necessary to maintain hydraulic
capture of the plume is treated to levels below the discharge criteria and is discharged to the
sanitary sewer.
The Contractor is responsible for providing all utilities necessary to operate and maintain the
system. Downtime due to power outages, utility failures, or acts of God beyond the control of
the Contractor shall be considered as part of the maximum 5 weeks of downtime permitted
during the first 52 weeks of operation.
The Contractor shall perform preventive maintenance to prolong the life and improve the
efficiency of the components of the remediation system with the goal that the system lasts for
NOR/K:\ WP\ 04400\ 078 \ SOWRPM01. WP 3-22
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 3
Revision: 1
Date: February 1997
30 years. Repair or replacement of all components of the remediation system for the duration
of the contract shall be the responsibility of the Contractor. System components expected to
function after the contract period, including but not limited to monitor wells, structures and
support pads, piping, valves, and treatment units, shall be repaired or replaced by the Contractor
at the Contractor's expense until the groundwater goals are achieved or for 30 years, whichever
comes first.
The Contractor shall be responsible for the disposal of all wastes generated pursuant to
implementation of this Statement of Work.
The Contractor shall perform a hydrostatic test of all piping in accordance with the latest version
of A WW A Standard C-600 to confirm that no leaks have occurred at the end of each 12 months
of operation and at the end of the contract period. The Contractor shall trace and repair any
leaks.
The Contractor shall provide an alarm system that automatically and immediately notifies the
Contractor in the event that the remediation system shuts down or otherwise requires attention
(such as chemical feed shutdown, excessive back pressure tank overflow, or pipe leak) during
the Contractor's absence from the site. The Contractor shall take action within one hour of
notification to correct any operational malfunctions. The Contractor shall be responsible for all
damage or claims as a result of a spill from the system. The Contractor shall, within 24 hours
of a system shutdown or spill, notify the Project Representative of the spill or other malfunction.
NOR/ K:\ WP\ 04400\ 078\ SOWRPMO 1. WP 3-23
• •
This document was prepared by Aoy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the express written permission of EPA.
3.6.2 Monitoring
Groundwater Remedial Action
Statement of Work
FCX Site • OU I
Section: 3
Revision: 1
Date: February 1997
The Contractor shall provide all necessary services, supplies, equipment, utilities, and labor to conduct system monitoring throughout the base operations and maintenance period as described in the Contract Documents. Monitoring activities shall include remediation system monitoring and groundwater monitoring.
3.6.2.1 Remediation System Monitoring
The Contractor shall perform sampling and analysis of extraction system influent and effluent to verify compliance with the performance criteria. Effluent sampling and analysis shall be performed twice monthly for the first 12 months of operation for the parameters required by the discharge pem1it. If the sampling results indicate noncompliance, the Contractor shall be considered out of compliance with the discharge criteria until subsequent sampling results indicate compliance.
Influent samples shall be collected and analyzed quarterly for the same analytical parameters as the effluent samples.
Documentation that the required groundwater extraction rates are maintained is required to verify that the performance criteria have been achieved and O&M is being conducted as required. Flow shall be recorded continuously.
NOR/K.: \ WP\ 04400\ 078\ SOWAPMO 1. WP 3-24
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
3.6.2.2 Groundwater Monitoring
Groundwater Remedial Action
Statemen.t of Work
FCX Site -OU 1
Section: 3
Revision: 1
Date: February 1997
Quarterly groundwater sampling and water level measurements shall be performed at all wells
in the performance monitoring network in order to evaluate plume migration and the capture
zone. Samples for different quarters shall not be collected within 28 days of one another.
Samples will be analyzed for the following parameters:
• Barium • Lindane
• Beryllium • Bromodichloromethane
• Chromium • Chloroform
• Manganese • Chloromethane
• Vanadium • 1, 1-Dichloroethane
• Chlordanes (Alpha & Gamma) • 1, 1-Dichloroethene
• Dieldrin • Perchloroethylene
• Heptachlor Epoxide • Trichloroethene
• BHC (Alpha & Beta) • Bis(2-ethylhexyl)phthalate
The performance monitoring network shall consist of the following monitoring wells:
• MW-1* • MW-9
• MW-2* • MW-10
• MW-3* • MW-11
• MW-4* • W-22
• MW-Ss • W-23
• MW-Sd • W-24
• MW-6s • W-25
• MW-6d • W-27
• MW-7 • W-29
• MW-8
* To be sampled for pesticides only.
NOR/K:\ WP\ 04400\ 078\ SOWRPM0 1. WP 3-25
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA
Groundwater Remedial Action
Statement of Work
FCX Site -OUl
Section: 3
Revision: 1
Date: February 1997
These well locations are shown in Figure 2-7.
3.6.2.3 General Monitoring Requirements
Sampling and analysis of water samples will be conducted as described in the accepted Quality
Assurance Project Plan, which incorporates the EPA Region IV EISOP QAM. The laboratory
quantification limits must be as low as or lower than groundwater goals and the discharge
criteria, unless not achievable by any EPA-approved analytical method. The Contractor shall
prepare and analyze duplicate, blank, and spike samples each numbering IO% of the total
number of monitoring samples. Measurements of pH may be made using a field pH meter.
The Contractor shall conduct weekly inspections of the extraction and treatment system operation'
and record in ink in bound logbooks the following information:
•
•
•
•
•
Water levels in all extraction wells
Volume of water pumped from each extraction well during the week
Week! y discharge rate
Other system operating parameter readings for each well and the treatment system
as defined in the O&M Manual
Time of inspection and/or readings
NOA/K: \ WP\ 04400\ 078 \ SOWAPMO t .WP 3-26
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 3
Revision: 1
Date: February 1997
Activities shall be conducted in accordance with the procedures included in the O&M Manual
to be prepared as part of this Contract (See Section 3.6.3.1). System operators shall be trained
in the procedures specified in the O&M Manual.
3.6.3 Documentation
3.6.3.1 O&M Manual
Within 30 days after successful performance demonstration, the Contractor shall prepare and
submit to the Project Representative an O&M Manual that describes in detail startup and normal
operating procedures, and routine and preventive maintenance procedures and maintenance
schedules for the entire remediation system. The manual shall be considered a dynamic
document and the Contractor shall update the manual pursuant to equipment change-out,
procedure alteration, and modifications in other applicable system conditions. The document
shall address the operations and maintenance procedures for the project equipment, including
instructions for operation, routine maintenance and cleaning activities and schedule, and
troubleshooting procedures. A list of spare parts to be maintained and equipment suppliers and
subcontractors with contact names, addresses, and telephone numbers shall also be included in
the O&M Manual. Photocopies of warranties shall be included.
The manual shall be of sufficient detail to allow operation and maintenance of the remediation
system by those unfamiliar with the system. The Contractor shall be responsible for updating
the manual at the end of the contract period to incorporate revised O&M procedures and other
relevant information to perform subsequent O&M, and for submitting the updated O&M Manual
to the Project Representative within 15 days after completion of the base or final optional period
NOR/K:\ WP\ 04400\ 078\ SOWAPM01. WP 3-27
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 3
Revision: 1
Date: February 1997
of O&M. The Contractor shall revise the O&M Manual, if necessary, based on comments from
the Project Representative.
3.6.3.2 Monitoring Reports
The Contractor shall provide reports of all monitoring results to the Project Representative no
later than 40 days following sampling, and to the City of Statesville as required for discharge
pennit compliance. The quarterly groundwater monitoring reports shall include the analytical
results in tabular format, a groundwater elevation contour map and a concentration contour map
for all contaminants that exceed groundwater goals in at least two samples.
3.6.4 End-of-Contract Activities
If additional groundwater treatment is required at the end of the project contract period, the
equipment shall remain at the site at the end of the contract _performance period. If the system
removal option is exercised by the Project Representative, the Contractor shall demobilize and
deliver the system to the government freight-on-board origin point nearest to the site.
The Contractor shall revise as-built drawings that represent the layout of the remediation system
at the time of contract closeout. The Contractor shall ensure that all monitoring reports are up-
to-date and that all sampling results have been reported. The Contractor shall leave at the site
one copy of as-built drawings, the final version of the O&M Manual, the Remedial Action Work
Plan, and each monitoring report. All manuals and reports shall be bound in 8-1/2 x 11 inch
text pages, three-ring binders with durable plastic covers, and shall contain a table of contents.
NOR/K:\ WP\ 04400\ 078\ SOWRPMO l. WP 3-28
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU 1
Section: 3
Revision: 1
Date; February 1997
The Contractor shall submit a closeout report indicating the status of each line item (e.g.,
completed, to be completed by specific date, on-going, option not exercised).
Final site cleaning shall include the following:
• Remove waste and surplus materials, rubbish, and construction facilities from the site.
•
•
•
•
•
Sweep paved areas and rake clean landscaped surfaces .
Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains, and foreign substances; polish transparent and glossy surfaces; vacuum carpeted and soft surfaces.
Clean equipment and fixtures to a sanitary condition .
Replace filters on all operating equipment.
Clean debris (rom roofs, gutters, downspouts, and drainage systems .
The Contractor shall submit final application for payment identifying total Contract sum,
previous payments, and sum remaining due.
3.7 OPTIONAL SERVICES
The Contractor shall price the services listed in this subsection that may or may not be exercised
by the Project Representative.
NOA/K:\ WP\ 04400 \078 \ SOWAPMO 1 . WP 3-29
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA
3.7.1 Optional O&M
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 3
Revision: 1
Date: February 1997
After one year of O&M has been completed, the Contractor may be contracted to provide O&M
services on the remediation system for an additional period of time. The services to be provided
shall be the same as those described in Subsections 3.6.1 to 3.6.3 and shall be contracted on a
quarter-year basis. Only quarters of successful operation shall be paid for. A quarter of
successful operation shall be defined as 12 weeks during which groundwater is pumped at a rate
necessary to maintain hydraulic capture of the plume is treated ·to levels below the discharge
criteria and is discharged to the sanitary sewer. The Contractor may be tem1inated if more than
one week of down time is incurred during a quarter-year.
The groundwater remediation, including O&M, shall be considered complete when the
remediation goals have been attained in all wells in the groundwater monitoring system for four
or more consecutive quarters.
After the remedial system has been shutdown, the Contractor may be required to restart the
system one or more times if future groundwater concentration(s) exceed the groundwater
remediation goals. If restartup is implemented, the Contractor shall be responsible for restartup,
operation, and maintenance of the remediation system. Restartup may occur anytime within two
years after initial shutdown of the system and may occur more than once.
3. 7 .2 Increase of Minimum Extraction Rate
Based on the results of the pumping tests, the Project Representative may choose to exercise this
option, in which the required flow range for the extraction system shall be increased 25 to 50
NOR/ K:\ WP\ 04400\ 0 78\ SOWRPM0 1 . WP 3-30
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site • OU1
Section: 3
Revision: 1
Date: February 1997
gpm to ensure capture of the plume. If exercised, the Contractor shall purchase and install all
additional equipment necessary to achieve hydraulic capture by pumping groundwater at a rate
within this higher flow range. The Contractor shall also pump at this flow rate and maintain
hydraulic capture throughout operation and shall ensure that treatment and discharge systems are
capable of handling this flow.
Other aspects of O&M under this option shall meet the requirements presented in Subsection
3.6.1 during the base O&M period and 3. 7. I during the optional O&M period (if exercised).
3. 7.3 Optional Extraction Well Installation and Hookup
The Contractor is required to achieve the perfonnance criteria and will not be reimbursed if
additional extraction wells are required in the effort to achieve the groundwater remediation
goals or performance criteria. However, this option for additional extraction wells may be
exercised, totally at the Project Representative's discretion, if a modification to the groundwater
remediation goals or performance criteria warrant it, or if the contaminant plume has, at the time
of installation of the remediation system, migrated into an area that requires crossgradient
extraction wells. Under this option, additional extraction wells may be required in addition to
those installed as described in Subsection 3.4.2.
The Contractor shall install the wells to the same standards as the wells installed in accordance
with Subsection 3.4.2. The wells shall fully penetrate the surficial aquifer to a maximum depth
of 65 feet. The Contractor shall provide all necessary supplies and services for the installation
of the extraction wells, valves, meters, pumps, and connections to the treatment system. The
Contractor shall be paid for the actual pipe lengths necessary to provide the connection in the
NOR/K:\ WP\ 04400\ 07 8 \ SOWAPM0 1 ,WP 3-31
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA It shall not be disclosed, in whole or in part. without the
express written permission of EPA.
Groundwater Remedial Action
Statement of Work
FCX Site -OU 1
Section: 3
Revision: 1
Date: February 1997
shortest economical distance (in a straight line, unless redirection necessary to bypass objects
or properties).
3. 7.4 Optional Monitor Well Installation
This option for additional monitor wells may be exercised, totally at the Project Representative's
discretion, if a modification to the remediation goals or perfom1ance criteria warrant it. Under
this option, additional monitor wells may be required in addition to those already installed.
The Contractor shall install the wells to meet the requirements of the State of North Carolina
and the EPA Region IV EISOP QAM. The wells shall fully penetrate the surficial aquifer to
a maximum depth of 65 feet. The Contractor shall install all necessary supplies and services for
the installation of the monitor wells.
3.7.5 Transition to New System Operator
If groundwater remediation is not completed during this Contract and this option is exercised by
the Project Representative, the Contractor shall provide services associated with transferring
operation and maintenance of the remediation system, including optional components, to a
subsequent operator. During the Contractor's last month of O&M, the Contractor shall provide
a minimum of one eight-hour work day of classroom and field operator training in O&M,
monitoring, and reporting requirements prior to the end of the Contract at a time to be specified
by the Project Representative.
NOR/K:\ WP\ 04400\ 078\ S0WAPM01 . WP 3-32
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This document was preparE!d by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
3. 7 .6 Post-Remediation Quarterly Monitoring
Groundwater Remedial Action
Statement of Work
FCX Site -OU 1
Section: 3
Revision: 1
Date: February 1997
The groundwater remediation shall be considered complete when the remediation goals have
been attained in all wells in the monitoring system for four or more consecutive quarters. The
Contractor shall provide all supplies and services necessary to perform quarterly groundwater
monitoring and report the results after the remediation system has been shut down following
attainment of remediation goals (if attained).
If this option is exercised by the Project Representative, the Contractor shall sample from a post-
remediation monitoring network consisting of a minimum of four monitor wells. The Contractor
shall measure water levels and analyze groundwater samples in these wells quarterly. Sampling .
dates in different quarters shall be separated by a minimum of 28 days. Sampling and analysis
requirements shall be consistent with those outlined in th_e approved QAPP, and Subsection
3.6.2.2.
3.7.7 System Removal
If groundwater remediation is completed and this option is exercised, the Contractor shall
demobilize, decontaminate, and deliver the remediation system equipment to the government
freight-on-board (FOB) origin point nearest to the site. Residuals and debris shall be removed
and the site restored in accordance with Subsection 3.4.5.
NOA/K; \ WP\ 04400\ 078\ SOWRPM0 1 .WP 3-33
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shalt not be disclosed, in whole or in part, without the
express written permission of EPA.
3.7.8 Well Abandonment
Groundwater Remedial Action
Statement of Work
FCX Site . OUl
Section: 3
Revision: 1
Date: February 1997
If groundwater remediation is completed and this option is exercised, the Contractor shall
provide the supplies and services necessary to abandon extraction and monitor wells in
accordance with State of North Carolina requirements and standard industry practices. The wells
to be abandoned will be identified by the Project Representative after the remediation is
complete. The Contractor will be paid only for actual cubic yards of well void space
abandoned, measured from the bottom of the well to the top of the well.
3.8 SUMMARY OF PERFORMANCE CRITERIA
A summary of the key performance criteria that must be met at all times to satisfy the
requirements of this contract is provided below:
Extraction System
1. All contaminated groundwater currently migrating from the site in the overburden
shall be shown to flow toward the extraction well system.
2. Concentrations of constituents already detected off-site steadily decrease.
3. The extraction system shall include a minimum of LO vertical extraction wells or
2 horizontal extraction wells.
NOA/K:\ WP\ 04400\ 078\ SOWRPM0 1 .WP 3-34
• •
This document was prepared by Roy F. Weston, tnc., expressly for EPA It shall not be disclosed, in whole or in part, without the
express written permission of EPA
Groundwater Remedial Action
Statement of Work
FCX Site • OU 1
Section: 3
Revision: 1
Date: February 1997
4. Groundwater shall at all times be extracted at a flow rate sufficient to prevent off-
site migration of the contaminant plume in the surficial aquifer.
5. Groundwater extraction shall not adversely impact other groundwater users, if
any, in the vicinity of the site.
Treatment/Discharge System
6. The treated discharge water shall comply with all requirements of the discharge
permit (Attachment A).
Performance Demonstration
7. To demonstrate performance of the treatment system, the Contractor shall operate
the system at full flow rates while achieving all performance criteria for a
minimum of 96 hours, and shall continue operation in compliance with
performance criteria to the end of the 30-day performance demonstration period.
NOR/K: \ WP\ 04400\ 078\ SOWRPM0 1. WP 3-35
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
SECTION 4
SCHEDULE
Groundwater Remedial Action
Statement of Work
FCX Site · 0U1
Section: 4
Revision: 1
Date: February 1997
The Contractor shall comply with the remedial action schedule presented in the following table.
Table 4-1 lists the maximum allowable duration for deliverables, installation, monitoring, and
other project-related tasks.
NOA/K: \ WP\ 04400\ 078 \ SOWAPM0 1. WP 4-1
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the express written permission of EPA.
Milestone
Submit Draft HASP/QAPP/Pump Test Work Plan
Submit Final HASP/QAPP/Pump Test Work Plan
Install test well and complete pumping tests
Submit Draft Remedial Action Work Plan
Submit Final Remedial Action Work Plan
Initiate performance demonstration {I)
Submit performance demonstration monitoring results
Begin base O&M period
Submit as-built drawings
Submit revised as-built drawings
Install and place on-line optional items
Effluent monitoring
Report effluent monitoring results to Project Representative
Groundwater monitoring (after performance demonstration)
Report groundwater monitoring results (during operation)
Training of subsequent operator
Post-remediation monitoring
System removal
Well abandonment
m Includes Optional treatment equipment, if required.
Table 4-1
Remedial Action Schedule
Schedule
28 days after contract award
14 days after receipt of comments
28 days after approval of QAPP
75 days after completion of pumping test
21 days after receipt of comments
150 days after approval of Work Plan
7 days after sampling
Upon approval of performance demonstration
Groundwater Remedial Action
Statement of Work
FCX Site · OU 1
Section: 4
Revision: 1
Date: February 1997
21 days after successful performance demonstration
15 days after receipt of comments
45 days after exercise of option
As required by discharge permit (at least monthly)
21 days after sampling {ll
Quarterly
40 days after sampling
Last month of Contractor O&M
Quarterly from exercise of option until end of contract
60 days after option exercised
60 days after option exercised
<2J Effluent monitoring results must also be reported to the City of Statesville in compliance with the schedule indicated in the discharge pennit.
NOR/K:\ WP\ 04400\078 \ SOWRPM0t. WP 4-2
•
•
• •
This document was prepared by Roy F. Weston, lnc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Item
001
PRICE SCHEDULE
Remedial Action
Supplies or Services and Price
Supplies/Services Unit
Groundwater Pumping Test and Groundwater Per Lot
Remediation System, including extraction system,
treatment system, and discharge system. All
necessary services include supplies, labor, and
equipment to achieve performance criteria as defined
in the Statement of Work (SOW). The system price
includes, but is not limited to, health and safety
plan, quality assurance project plan, obtaining
required pennits, groundwater pumping tests,
remediation system design, work plans, remediation
system purchase and. installation, utility hookups,
start-up, performance demonstration,
laboratory/analytical services, submittal of as-built
drawings, and site cleanup. This item includes all
activities up to the point of taking title to the system
by the government.
NOA/ K;\ WP\ 04400\ 078\ SOWRPMO 1 .WP 4-3
Groundwater Remedial Action
Statement of Work
FCX Site · OU1
Section: 4
Revision: 1
Date: February 1997
Unit Est.
Price Quantity
I
Total
Cost
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA It shall not be disclosed, in whole or in part, without ,the
express written permission of EPA.
Item
002
PRICE SCHEDULE (Continued)
Remedial Action
Supplies or Services and Price
Supplies/Services Unit
Base Period Operation and Maintenance, Per Lot
consisting of 47 weeks of successful operation
completed within the first 52 weeks after the
acceptance of the demonstration report. All
necessary services, supplies, equipment, utilities,
and labor to complete the base period requirements;
O&M Manual preparation and updating; repair
and/or replacement of all equipment required for
successful operation in accordance with the accepted
work plan, required pennits, and the SOW;
groundwater and system monitoring, chemical
analysis, and reporting; and residuals disposal and
contract closeout activities (excluding system
removal).
O&M base period begins upon written approval by
the Project Representative of the performance
demonstration results.
Prices associated with O&M activities for optional
items are not to be included in this line item.
NOA/K; \ WP\ 04400\ 078\ SOWAPMO 1 , WP 4-4
Groundwater Remedial Action
Statement of Work
FCX Site • OU 1
Section: 4
Revision: 1
Date: February 1997
Unit Est.
Price Quantity
I
'
Total
Cost
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. lt shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Item
003
004
PRICE SCHEDULE (Continued)
Remedial Action
Supplies or Services and Price
Supplies/Services Unit
OPTIONAL SERVICES
Optional O&M -I to IO quarters of O&M services Per
after the Base Period of Operation and Maintenance Quarter
(Item 002). All necessary services, supplies, Year
equipment, utiliti,es, and labor to complete the
optional period O&M requirements; repair and/or
replacement of all equipment required for successful
operation in accordance with the accepted work
plan, required permits, and the SOW; groundwater
and system monitoring, chemical analysis, toxicity
testing, and reporting; and residuals disposal. Only
quarters of successful operation, as defined in the
Statement of Work, shall be paid for.
Prices associated with O&M for Optional Items 004
and 005 are not to be included in this line item.
Increased Extraction Rate Option -All necessary Per Lot
services, supplies, equipment, utilities, and labor to
increase the minimum extraction rate to greater than
25 gpm but not to exceed 50 gpm; upgrading of
pumps, piping meters, valves, treatment equipment,
and supplies and other remediation system
components to handle the increased flow, and
additional residuals disposal. This item includes
activities up to the point of acceptance of the
demonstration report and taking title to the system
by the government. Prices shall reflect increase
above price for Item 00 I.
NOR /K:\ WP\ 04400\ 078\ SOWRPMO 1. WP 4-5
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 4
Revision: 1
Date: February 1997
Unit Est.
Price Quantity
2
I
Total
Cost
-
• •
This document was prepared by Roy F. Weston, Inc,, expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Item
005
006
007
PRICE SCHEDULE (Continued)
Remedial Action
Supplies or Services and Price
Supplies/Services Unit
Increased Extraction Rate O&M Option - l to 18 Per
quarters of O&M services for Optional Item 004 Quarter
after system demonstration. All necessary services. Year
supplies, equipment, utilities, and labor to complete
the optional O&M requirements; repair and/or
replacement of all equipment required for successful
operation in accordance with the accepted Work
Plan, required permits, and the SOW; system
monitoring and reporting; and residuals disposal.
Only quarters of successful operation, as defined in
the SOW, shall be paid for.
Optional Extraction Well Installation -l to 5 Per
Extraction Wells, fully penetrating the surficial Well
aquifer (not to exceed depth of 65 feet). All
necessary supplies and services for the installation of
extraction wells including required pumps and
connections, in addition to the extraction wells
specified in Item 001. Extraction wells shall be
installed in accordance with the SOW, State of
North Carolina requirements, and stand~rd industry
practices.
Optional Extraction Well Piping -l to 1,000 ft. Per Foot
All supplies and services necessary for the
installation of piping to connect additional extraction
wells to the treatment system in accordance with the
specification. The Contractor shall only be paid for
the actual amount necessary to perform the
connection in the shortest economical distance (in a
straight line, unless necessary to bypass objects and
properties).
NOA/K;\ WP\ 04400\ 078\ SOWAPMO 1. WP 4-6
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 4
Revision: l
Date: February 1997
Unit Est.
Price Quantity
4
I
500
Total
Cost
-
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Item
008
009
010
011
012
PRICE SCHEDULE (Continued)
Remedial Action
Supplies or Services and Price
Supplies/Services Unit
Optional Monitoring Well Installation - I to 5 Per
surficial aquifer wells. All necessary supplies and Well
services for the installation and development of
monitoring wells fully penetrating the surficial
aquifer (not to exceed depth of 65 feet). Monitoring
wells shall be installed in accordance with the SOW,
State of North Carolina requirements, and standard
industry practices.
Optional Transition to New System Operator -Per Lot
Services associated with transferring operation of the
remediation system, including optional components,
to a subsequent operator. The services shall include
providing operator training.
Post-Remediation Quarterly Monitoring Option -Per
I to 8 events .. All necessary supplies and services to· Event
perform quarterly groundwater monitoring and
report results after the remediation system has been
shut down following cleanup goal attainment, as
specified in the SOW.
Optional System Removal -Services associated Per Lot
with demobilization and delivery of the remediation
system to the government freight-on-board origin
point nearest to the site.
Optional Well Abandonment - I to 100 cubic Per
yards of well void space. All necessary services Cubic
and supplies to abandon extraction and monitoring Yard
wells in accordance with State of North Carolina
requirements and standard industry practices.
NOR/K:\ WP\ 04400\ 07 8 \ SOWRPMO 1 . WP 4-7
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 4
Revision: 1
Date: February 1997
Unit Est.
Price Quantity
I
I
I
I
35
Total
Cost
!
-
• •
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
EVALUATION OF OFFERS
Groundwater Remedial Action
Statement of Work
FCX Site -OU1
Section: 4
Revision: 1
Date: February 1997
For purposes of award, offers will be evaluated by adding the extended prices for base award
and option quantities set forth as follows:
Item No. Quantity
001 I Lot
002 I Lot
003 2 Quarters
004 I Lot
005 4 Quarters
006 I Well
007 500 Feet
008 I Well
009 I Lot
010 I Event
011 I Lot
012 35 Cubic Feet
Offers will be evaluated by multiplying the offered unit price by these quantities. Award will
be made to the low-priced responsible offeror for the total of all of these items.
Only offerors complying with the solicitation in all respects will be considered for award.
WESTON reserves the right to reject any or all bids and to waive technicalities and
informalities.
NOA/K: \ WP\ 04400\ 078\ SOWRPM0 1 .WP 4-8
• •
This document was prepared by Roy F. Weston, Inc,, expressly for EPA It shall not be disclosed, in whole or in part, without the
express written permission of EPA.
NQR/K:\ WP\ 04400\ 078\ SOWAPMO 1. WP
ATTACHMENT A
DISCHARGE PERMIT
Groundwater Remedial Action
Statement of Work
FCX Site • OU 1
Section: Attachment A
Revision: 1
Date: February 1997
•
Roy F. Weston, Inc.
1 SSO-H Seaver Ridge Circle
Norcross, Georgia 30071-3833
:,, TT0-253-5400 • Fax TT0-263-5450
REGISTERED MAIL
RETUR.IV RECEIPT REQUESTED
Ms. Carol Rogers
Pretreatment Coordinator
City of Statesville
P.O. Box 1111
Statesville, North Carolina 28687
RE: Groundwater Remediation Permit No. T-43
FCX Superfund Site
Work Assignment No. 55-4NSM
Contract No. 68-W9-0057
Document Control No. 4400-55-AFQV
Dear Ms. Rogers:
April 12, 1996
•
Enclosed are revised pages to Permit No. T-43. As we discussed, the permit has been revised to reflect a discharge limit of 100 gallons per minute as a special condition, and concentrations of volatiles to be discharged to the sanitary sewer are not to exceed North Carolina Drinking ; Water Standards or detection limits if a drinking. water standard bas not been promulgated for · a parameter.
If you have any questions please call Ralph McKeen or me at (J70) 263-5400.
JEJ/smo
Attachment
cc: Ken Mallary, EPA
Ralph McKeen
William R. Doyle
NOR/Y~\ W?\ 04c.CO\ ~ \ L T.JS.,00 ! . If/?
Sincerely,
ROY F. WESTON, INC.
~c:;;,/d,-r--
Jo Ellen Jo~n
Project Engineer
• •
Part I
Permit No. T-43
PARAMETER
PESTICIDES
VOLATILE
A. EFFLUENT LIMITS AND MONITORING REQUIREMENTS NON-COMPATIBLE POLLUTANTS
PERMIT LIMIT SAMPLE TYPE < 7.0 ugil Grab
,t_rY/C-1-o.r ·f < Detection Lim~ , "1 Grab ('{\e,i_*t,.,,., nof /,e,e,r1
from l,j izy:,-itJ -tor 0. P"-rv-v,,.<.,+tr
-'i' f()GL -Nor/-1.. (,-,,a/;,_,_, C le.<.-s 6-A-(:,--,'O,,,_.J .... J-v Vw.i.J/S~,_µ}.s
Collection of sample and analysis is the s_ole responsibility of the Permittee. Results should be submitted to the Director of WaterM/astewater within 30 days of the sampling event.
~ &..,,o I
Ror5
t(-/12/'1~
•
SPECIAL CONDITIONS
• Part I
Permrt No. T -43
/ 6o u r.,e.t,,,o t &,,If'> 1. Permittee shall discharge at a rate not to excee~PM. -I> 1 / 1-z,,j")C,
2. The Permrttee shall operate and maintain an efficient pretreatment system.
3. The Pennrttee shall submit analyses on the discharge sample quarterly. The samples are to be analyzed for volatile hydrocarbons. The results are to be submitted to this office within thirty days of the sampling event. Failure to do so will effect future requests of this nature.
4. A sample will be submitted quarterly to the 4th Creek Lab for analyses of pH, BOD, COD, NH3-N, and TSS.
• . -
,-~ -'.
Q!itu nf :~~~
~tatenuille
fJ. @. illux Ill! • §tatesuille. !Nurti) Qiarulina c:!8687
Ms. Jo Ellen Johnson
Roy F. Weston, Inc.
1880-H Beaver Ridge Circle
Norcross, Georgia 30071
Dear Ms. Johnson:
March 27, 1996
•
In accordance with your letter requesting a discharge permit, we are
forwarding herewith the subject City discharge permit. This permit is issued
pursuant to the requirements of the City of Statesville Sewer Use Code.
If any parts, measurements, frequencies or sampling requirements contained
in this permit are unacceptable to you, you may request a modification by witten
request to the Director identifying the specific issues to be contended. Unless such
a request is made within 10 days following receipt of this permit, this permit shall be
final and binding.
This permit is not transferable.
This permit does not effect or satisfy any requirements of the City of
Statesville other than the above referenced.
Please sign and return a copy of the receipt page of this permit to our office.
If you have any questions, please contact Carol Rogers at [phone].
Sincerely,
/4 fl euuJ. f2o y,w
L. F. "Joe" Hudson, Jr., Director
Water/Wastewater Treatment
• •
CITY OF STATESVILLE, NORTH CAROLINA
PERMIT NO. T -43
PERMIT TO DISCHARGE WASTEWATER UNDER THE
SEWER USE ORDINANCE OF THE CITY OF STATESVILLE
Pursuant to the City of Statesville Sewer Use Ordinance ( here-after referred to as "The
Ordinance"), other lawful standards and regylations promulgated and adopted by the City
of Statesville, as amended, and pursuant to the Permit Application ( here-after referred to as
"The Application" ) heretofore filed with the City of Statesville, FCX-Statesville Superfund
Site, ( here-after referred to as "Permittee") is hereby authorized to discharge groundwater
from their facility located at the northwest comer of Front Street and Phoenix Street, into the
sanitary sewers of the City of Statesville ( here-after referred to as 'The City" ) in
accordance with effluent limitations, monitoring requirements, and special conditions
contained herein. All such discharges shall be made at discharge locations approved in
advance by the City.
This permit shall become effective on April 1, 1996.
This permit and the authorization to discharge shall expire at midnight April 1, 2000.
Signed this the ;? q f-1.. day of {Y) Q -V' ,b..-,
CITY OF STATESVILLE, NC
1/ •//
,B~Az/4;)7
1/ Lenwood F. Hudson, Jr., Director
Water/Wastewater Treatment
• •
Receipt of the foregoing Permit is acknowledged. This the ____ day of
---------· 1996.
Name of Permittee
By:. __________ _
Address:
PARAMETER
BOD, 5 DAY
COD
TSS
NH3 ·N
pH
FLOW*
• •
Part I
Permit No. T-42
A. EFFLUENT LIMITS AND MONITORING REQUIREMENTS
COMPATIBLE POLLUTANTS
PERMIT LIMIT SAMPLE TYPE
300 mgn Grab
700 mgn Grab
300 mgn Grab
15 mgn Grab
6 · 11 Std. Units Grab
100 GPM Monitor
* Flow must be monitored by a City approved meter, which is accessible to the meter
reader. A billing account must be established with Collections at City Hall prior to discharge.
• •
Part I
Pennit No. T -43
A. EFFLUENT LIMITS AND MONITORING REQUIREMENTS
Description of Discharges
Description
01 Treated groundwater
The sampling point for Pipe 01 is the sampling port off pretreatment system.
•
SPECIAL CONDITIONS
•
Part I
Permit No. T-43
/C() U CA,.._,,\ /?_,o~'->
1. Permittee shall discharge at a rate not to exceed)B'GPM.-\' 1 / 1-z,,)"IG
2. The Permittee shall operate and maintain an efficient pretreatment system.
3. The Permittee shall submit analyses on the discharge sample quarterly. The samples
are to be analyzed for volatile hydrocarbons. The results are to be submitted to this
office within thirty days of the sampling event. Failure to do so will effect future requests
of this nature.
4. A sample will be submitted quarterly to the 4th Creek Lab for analyses of pH, BOD,
COD, NH3-N, and TSS.
PARAMETER
PESTICIDES
• •
Part I
Permit No. T-43
A. EFFLUENT LIMITS AND MONITORING REQUIREMENTS
NON-COMPATIBLE POLLUTANTS
PERMIT LIMIT SAMPLE TYPE
< 1.0 ug/1 Grab
L.rYIC..1--o.r -r VOLATILE < Detection Limit • r "1 Grab
r1/\01-" /,i&s 110-t 6u"'
pro,-,, l-1 lc}«-f,J -tor o. pc-rv-...-.<.,h.r
-'I-fill,L. -/Vo,f-k (,:...,o /:..,_, Cl,.,s G-i4-Gr,oiA..,J....-,J"' QtN.l.fyS~,,,,.Js
Collection of sample and analysis is the sole responsibility of the Permittee: -fk-r {!.,:;.,,o I
Results should be submitted to the Director of Water/Wastewater within 30 days of the Ro~
sampling event. cf/, z/"J,
• •
SECTION D
A. The Contractor shall be paid as approved by the Project Representative. Progress
payments shall be made during the perfom1ance of Item 001 after the Contractor achieves the
following milestones:
Milestone
Approval of Quality Assurance Project Plan,
Pumping Test, and Remedial Action Work Plan by
Project Representative
Extraction System Installed
Treatment System Installed
Discharge System Installed
Site Restoration
Demonstration of Achievement of Performance
Criteria
As-Built Drawings Submitted and Approved
Payment
10%
5%
10%
5%
5%
30%
10%
The final 25 % of the Item 001 contract amount will be paid at the satisfactory completion of the
entirety of Item 001.
B. Progress payments shall be made during the perfom1ance ofltem 002 after the Contractor
attains the following milestones:
Milestone
Successful Operation and Maintenance of the
Remediation System for 47 Weeks During a 52-Week
Period (i.e. , Year)
Contract Closeout
Payment
45% Per Year
C. For all other Work Items, payment shall be made to the Contractor after satisfactory
completion of each Item, except for items in units of time periods (e.g., per quarter year)-which
will be paid after satisfactory completion of each period.
D. Final payment -After completion of all work, and prior to final payment, the Contractor
shall furnish to the Project Representative a release of claims against the Project Representative
relating to this Contract. Upon receipt of such release, the Contractor shall receive final
NOR/K.:\ WP\04400\078\CONRPM01 .WP D-1 01/97
• •
payment to the Contractor under this Contract after completion and acceptance of all work and
presentation of a properly executed final voucher.
NOA/K:\ WP\ 04400\ 076 \ CONAPMO 1. WP D-2 01/97
• • •
SECTION E
RELEASE OF ALL LIENS
AND ALL CLAIMS
NOA/K: \ WP\ 04400\ 078 \ BIDRPM0 1 . WP
EXAMPLE •
CONTR.OR'S RELEASE OF LIENS AND L CLAIMS
AND SALES AND USE TAX CERTIFICATION
(CONTRACTOR)
(THE CLIENT)
Contract # _________ _
WESTON W.O. # ______ _
Contract Value
Less Payments
$ ____ _
$, ____ _
Final Payment $ ____ _
Upon receipt by CONTRACTOR of a final payment in the above stated amount, or if paid
by check when said check has been paid by the bank upon which it is drawn,
CONTRACTOR does remise, release and forever discharge WESTON, its sureties and the
Client from any and all actions, causes of action, liens, bond rights, stop notices, debts,
dues, accounts, covenants, agreements, judgements, claims and demands of whatsoever
nature or character which said CONTRACTOR now has or ever has had against WESTON
or its Sureties or the Client, their successors and assigns, which shall have arisen or may
arise out of or be incidental to work undertaken or done under or in connection with the
Contract Agreement and related extra work or change orders thereto.
CONTRACTOR certifies and warrants that all charges for labor, materials, supplies,
equipment, lands, licenses and other expenses for which WESTON or the Client might be
sued or for which a lien, stop notice, or bond claim might be filed, have been fully
satisfied and paid and the CONTRACTOR agrees to defend and save harmless WESTON
and the Client from and against all suits, actions, claims, liens or demands of laborers,
mechanics, materialmen or others, filed against WESTON or the Client or the buildings,
structures, additions or improvements constructed under WESTON's contract with the
Client and arising out of the performance of the CONTRACTOR'S Services.
CONTRACTOR certifies and warrants that all sales and use taxes due have been or shall
be remitted to the appropriate taxing authorities.
IN WITNESS WHEREOF, CONTRACTOR has executed this release of lie_ns and all claims,
sales and use tax certification, and final discharge on this ____ day of
19_.
(CONTRACTOR)
Witness or Attest:
By:, ______________ _
Name and Title
(Typed or Printed}: _________ _
NOR/K: \ WP\ 04400\ 07 8 \ CONAPM0 1 . WP E-1 01/97
• •
SECTION F
SUPPLEMENTAL PROVISIONS
NOA/K;\ WP\04400\078\8IDRPM01.WP
•
SUPPLEMENTAL PROVISIONS
TO
•
PRIME CONTRACT NO. 68-W9-0057
1. Decontamination of Government Property
In addition to the requirements of the "Government Property" clause, the Contractor shall
certify in writing that any Government-furnished property or Contractor-acquired
property is returned to the Government free from contamination by any hazardous or
toxic substances, with the exception for wells and remediation systems that contain
contaminated groundwater.
2. Organizational Conflicts of Interest
a. The Contractor warrants that, to the best of the Contractor's knowledge and
belief, there are no relevant facts or circumstances which could give rise to an
organizational conflict of interest, as defined in FAR Subpart 9.5, or that the
Contractor has disclosed all such relevant information.
b. The Contractor agrees that if an actual or potential organizational conflict of
interest is discovered after award, the Contractor will make a full disclosure in
writing to WESTON. This disclosure shall include a description of actions.which
the Contractor has taken or proposes ;o take, after consultation with WESTON,
to avoid, mitigate or neutralize the actual or potential conflict.
c. Remedies -WESTON may in effect, terminate this Contract for convenience, in
whole or in part, if it deems such termination necessary to avoid an organizational
conflict of interest. If the Contractor was aware of a potential organizational
conflict of interest prior to award or discovered an actual or potential conflict
after award and did not disclose or misrepresented relevant information to
WESTON, WESTON may in effect terminate the Contract for default, or pursue
such other remedies as may be permitted by law or this Contract.
d. The Contractor further agrees to insert in any subcontract or consultant agreement
hereunder, provisions which shall conform substantially to the language of this
clause, including this paragraph (d.).
3. Screening Business Information for Claims of Confidentiality
a. Whenever collecting information under this Contract, the Contractor agrees to
comply with the following requirements:
(1) If the Contractor collects information from public sources, such as books,
reports, journals, periodicals, public records or other sources that are
available to the public without restriction, the Contractor shall submit a
list of these sources to WESTON at the time the information is initially
NOR/K: \ WP\ 04400\ 078 \ CONRPM0 1. WP F-1 01/97
• •
submitted to WESTON. The Contractor shall identify the information
according to source.
(2) If the Contractor collects information from a state or local Government or
from a Federal agency, the Contractor shall submit a list of these sources
to WESTON at the time the information is initially submitted to
W~TON. The Contractor shall identify the infom1ation according to
source.
(3) If the Contractor is required to collect information directly from a
business or from a source that represents a business or businesses, such
as a trade association:
i. Before asking for the infonnation, the Contractor shall identify
itself, explain that it is performing contractual work for the
Environmental Protection Agency, identify the information that it
is seeking to collect, explain what will be done with the
information, and give the following notice:
A. You may, if you desire, assert a business confidentiality
claim covering part or all of the information. If you do
assert a claim, the information will be disclosed by EPA
only to the extent, and by means of the procedures, set
forth in 40 CPR Part 2, Subpart B.
B. If no such claim is made at the time this information is
received by the Contractor, it may be made available to the
public by the Environmental Protection Agency without
further notice to you.
C. The Contractor shall, in accordance with FAR Part 9,
execute a written agreement regarding the limitations of the
use of this information and forward a copy of the
agreement to WESTON.
ii. Upon receiving the information, the Contractor shall make a
written notation that the notice set out above was given to the
source, by whom, in what form and on what date.
iii. At the time the Contractor initially submits the information to
WESTON, the Contractor shall submit a list of these sources, and
indicate whether the source made any confidentiality claim and the
nature and extent of the claim.
b. The Contractor shall keep all information collected from non-public sources
confidential in accordance with the clause in this Contract entitled "Treatment of
NOR/ K:\ WP\ 04400\ 07 8 \ CON RPM0 1. WP F-2 01 /97
• •
Confidential Business Information" as if it had been furnished to the Contractor
by WESTON.
c. The Contractor agrees to obtain the written consent of WESTON prior to entering
into any subcontract that will require the Contractor to collect infonnation. The
Contractor agrees to include this clause, including this paragraph (c.), and the
clause entitled "Treatment of Confidential Business Information" in all
subcontracts awarded pursuant to this contract that require the Contractor to
collect information.
4. Treatment of Confidential Business Information
a. WESTON and any other source may disclose confidential business inforniation
to the Contractor necessary to carry out the work required under this Contract.
The Contractor agrees to use the confidential information only under the
following conditions:
(1) The Contractor and Contractor's Employees shall:
1. use the confidential information only for the purposes of carrying
out the work required by the Contract;
ii. not disclose the information to anyone other than WESTON
employees without _the prior written approval; and
iii. return to WESTON all copies of the inforniation, and any abstracts
or excerpts therefrom, upon request by WESTON, whenever the
information is no longer required by the Contractor for the
performance of the work required by the Contract, or upon
completion of the Contract.
(2) The Contractor shall obtain a written agreement to honor the above
limitations from each of the Contractor's employees who will have access
to the information before the employee is allowed access.
(3) The Contractor agrees that these contract conditions concerning the use
and disclosure of confidential information are included for the benefit of,
and shall be enforceable by, both WESTON and any affected business
having a proprietary interest in the information.
(4) The Contractor shall not use any confidential information supplied by
WESTON or obtained during performance hereunder to compete with any
business to which the confidential information relates.
b. The Contractor agrees to obtain the written consent of WESTON prior to entering
into any subcontract that will involve the disclosure of confidential business
information by the Contractor to the subcontractor. The Contractor agrees to
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• •
include this clause, including this paragraph (b.), in all subcontracts awarded,
pursuant to the Contract, that require the furnishing of confidential business
information to the Contractor.
5. Publicity
The Contractor agrees not to release any information to the news media regarding the
removal or remedial activities being conducted under this Contract.
6. Rights of Way/Land Easements
WESTON shall obtain necessary rights of way, land easements and any other land
agreement necessary to fulfill the requirements of this Contract.
7. Limitation on Future Contracting (applicable to any Remedial Planning and
Implementation, Subcontract or Consultant Agreement)
Due to the scope and nature of this Contract, Contractor shall obseive the following
restrictions on future hazardous waste site contracting for the duration of the Contract or
as otherwise specified:
a. The Contractor will be ineligible to enter into a contract for remedial action
projects for which the Contractor has developed the statement of work or the
solicitation package.
b. The following applies when ARCS work is performed under this Contract and
when both ARCS work and Field Investigative Team (FIT) work are performed
on the same site under this Contract: Unless prior written approval is obtained
from WESTON, the Contractor, during the life of the Contract and for a period
of five (5) years after the completion of the Contract, agrees not to enter into a
contract with or to represent any party, other than EPA, with respect to: (1) any
work relating to CERCLA activities which pertain to a site where the Contractor
previously performed work for EPA under this contract; or (2) any work that may
jeopardize CERCLA enforcement actions which pertain to a site where the
Contractor previously performed work for the EPA under this contract.
c. The following applies to FIT work at sites under this Contract where only FIT
work is performed except for those sites where EPA has made a determination
of "no further remedial action planned" (NFRAP): Unless prior written approval
is obtained from WESTON, the Contractor, during the life of the work
assignment and for a period of three (3) years after the completion of the-work
assignment, agrees not to enter into a contract with or to represent any party,
other than EPA, with respect to (1) any work relating to CERCLA activities
which pertain to a site where the Contractor previously performed work for EPA
under this contract; or (2) any work that may jeopardize CERCLA enforcement
actions which pertain to a site where the Contractor previously performed work
for the EPA under this Contract.
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• •
d. The Contractor agrees in advance that if any bids/proposals are submitted for any
work that would require written approval of WESTON prior to entering into a
contract subject to the restrictions of this clause, then the bids/proposals are
submitted at the Contractor's own risk. Therefore, no claim shall be made
against WESTON or the Government to recover bid/proposal costs as a direct
cost whether the request for authorization to enter into the contract is denied or
approved.
e. To the extent that the work under this contract requires access to proprietary or
confidential business or financial data of other companies, and as long as such
data remains proprietary or confidential, the Contractor shall protect such data
from unauthorized use and disclosure. ·
f. The Contractor agrees to insert in each subcontract or consultant agreement
placed hereunder, except for subcontracts or consultant agreements for
nondiscretionary technical or engineering services, including treatability studies,
well drilling, fence erecting, plumbing, utility hookups, security guard services,
or electrical services, provisions which shall conform substantially to the language
of this clause, including this paragraph (f.) unless otherwise authorized by the
WESTON. The Contractor may request in writing that WESTON exempt from
this clause a particular subcontract" or consultant agreement for nondiscretionary
technical or engineering services not specifically listed above, including
laboratory analysis. WESTON will review and evaluate each request on a case-
by-case basis before approving or disapproving the request.
g. If the Contractor seeks an expedited decision regarding its initial future
contracting request, the Contractor may submit its request to WESTON, and
WESTON will submit the request to the EPA Contracting Officer for approval.
h. A review process available to the Contractor when an adverse determination is
received shall consist of a request for reconsideration to WESTON. An adverse
determination resulting from a request for reconsideration by WESTON will not
preclude the Contractor from requesting a review by the EPA Contracting
Officer. Either a request for review or a request for reconsideration must be
submitted to the appropriate level within 30 calendar days after receipt of the
initial adverse determination.
8. Health and Safety
The nature of the work to be performed under this Contract is inherently hazardous.
In performance of work under this Contract, the Contractor shall, as a minimum, satisfy
all Federal, state and local statutes, regulations, ordinances, etc., regarding health and
safety. Beyond this minimum requirement, the Contractor shall develop and review all
health and safety ·plans peculiar to a particular site proposed for investigation.
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• •
9. Training
The Contractor shall certify to WESTON in writing that each of its employees,
subcontractors or consultants has completed an EPA approved training program (J.A W
29 CFR 1910.120), in relation to this project prior to assignment of any such employee,
subcontractor or consultant to field duty.
I 0. Future Expert Consulting Services
It is recognized that, during and/or subsequent to the performance period of this
Contract, the need may arise to provide testimony during hearings and/or court
proceedings involving site specific activities and other matters, with regard to which
personnel provided by the Contractor under this Contract (including lower-tier
subcontractor personnel) would have gained special knowledge and/or expertise as a
result of tasks performed under this Contract. Therefor~, the Contractor agrees to make
available the services of any witnesses requested by the Government in support of such
future proceedings, and to enter into agreements as necessary with subcontractors to
ensure the availability of Contractor personnel, provided under this Contract, to provide
witness services. Agreement to provide such services in the future serves as a notice of
intent only. Witness services are not considered within the scope of the Contract. In the
event the services are required during or after the performance of the Contract, a
separate negotiated procurement will be instituted with the Contractor or subcontractor.
11. Notification of Conflict of Interest Regarding Personnel
In addition to the requirements of the Contract article entitled "Organizational Conflicts
of Interest," the following provisions with regard to individual personnel performing
under this Contract shall apply for the duration of the Contract.
The Contractor agrees to notify WESTON of any actual, apparent or potential conflict
of interest with regard to any individual working under this Contract or having access
to information regarding this Contract. Notification of any conflict of interest shall
include both organizational conflicts of interest (as defined in the above-referenced
Contract clause) and personnel conflicts of interest (which are defined as the same types
of relationships as an organizational conflict of interest, but applicable to an individual).
In the event that a personal conflict of interest appears to exist, the individual who is
affected shall be disqualified from taking part in any way in the performance of the
assigned work which created the conflict of interest situation.
12. Project Employee Confidentiality Agreement
The Contractor agrees to obtain confidentiality agreements from all personnel working
on requirements under this Contract.
Such agreements shall contain provisions which stipulate that each individual agrees not
to disclose to any entity external to EPA, DOJ or the Contractor either in whole or in
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• •
part any data or technical data provided by WESTON or the Government or generated
by the Contractor, any site specific cost informatiori, or any enforcement strategy without
first obtaining the written permission from WESTON. Such agreements shall be ·
effective for a period of ten (I 0) years commencing with the effective date of the
Contract.
13. Retention and Availability of Contractor Files
a. This Contract contains the Federal Acquisition Regulation Clause 52.215.2,
"Audit-Negotiation" (Apr. 1984) wherein the Contractor is required to maintain
and make available to WESTON in accordance with FAR Subpart 4.7,
"Contractor Records Retention" at its office at all reasonable times, the books,
records, documents and other evidence relating to this Contract including
personnel utilization records, site records and accounting procedures and practices
sufficient to reflect properly all costs claimed to have been incurred under this
Contract. Such files shall be made available for examination, audit or
reproduction.
b. The Contractor is advised that the Government may file suit against potential
responsible parties for costs incurred relative to site related clean up activities.
In such proceedings, the Contractor's cost and performance may become an
integral part of the Government's case.
c. Accordingly, due to the extended nature of court proceedings and EPA audit
requirements, the Contractor shall make available all audit and financial
information relative to the work conducted under this Contract as well as the
information required to the Audit Clause for a total of ten (l 0) years after final
payment under the Contract in lieu of the 3 year period stated in the clause
"Audit Negotiation" (Apr. 1984). (See FAR 4.703(b)(l).) (The records may be
maintained as microfiche.)
d. In addition, the Contractor shall make available the records relating to any
appeals, litigation or the settlement of claims with third parties and which relate
to this Contract (i.e., cost recovery) until such appeals, litigation or claims are
disposed of.
e. The Contractor shall not destroy original financial records relating to the Contract
until; (1) all litigation involving the records has been finally settled and approval
is obtained from WESTON, or (2) ten (l 0) years have passed from the date of
final payment, and no litigation involving the records has been instituted, and
approval of WESTON is obtained. Such records may be maintained on
microfiche in lieu of original records. In no event should individual financial
records, however maintained, be destroyed if litigation is in process or is pending
related to such records.
f. From time to time, the Government may, in support of litigation cases, have the
need for the Contractor to research and make available such records in a form
NQR/K:\ WP\04400\ 078\ CON RP MO 1. WP F-7 01/97
• •
and manner not normally maintained by the Contractor. Such effort shall be
deemed to be within the scope of work under this Contract. If this effort is
required after performance of this Contract, a separate negotiated procurement
action may be instituted with the Contractor.
g. The final invoice (completion voucher) submitted hereunder, after physical
completion of the Contract within the stated period of performance, will represent
the final claim under this Contract.
15. Competition in Subcontracting
The Contractor shall select subcontractors (including suppliers) on a competitive basis
to the maximum extent consistent with the objective and requirements of the Contract.
16. Subcontracts (Labor Standards)
a. Contractor shall insert in Subcontracts involving trade labor/construction services
at any tier the clauses entitled "Davis-Bacon Act," "Contract Work House and
Safety Standards Act --Overtime Compensation," "Apprentices and Trainees,"
"Payrolls and Basic Records," "Compliance with Copeland Act Requirements,"
"Withholding of Funds," "Subcontracts (Labor Standards)," "Contract
Termination Debarment," "Disputes Concerning Labor Standards," "Compliance
with Davis-Bacon and Related Act Regulations," and "Certification of
Eligibility," and such other clauses as WESTON may, by appropriate instructions
require, and also a clause requiring the Contractors to include these clauses in any
lower-tier subcontracts.
b. (1.) Within 14 days after award of this Contract, the Contractor shall deliver to
WESTON a completed Statement and Acknowledgement Form (SF 1413) for the
Contractor and each subcontract, including Contractor's signed and dated
acknowledgement that the clauses set forth in paragraph (a.) of this clause have
been included in each subcontract. (2.) Within 14 days after award of any
subsequently awarded lower-tier subcontracts, Contractor shall deliver to
WESTON an updated, completed SF 1413 for such additional Subcontract.
17. Clauses Incorporated by Reference
This Contract incorporates the following clauses by reference with the same force and
effect as if they were given in full text. The clauses in effect on the date of this Contract
are applicable hereto. Where necessary to make the context of the clauses incorporated
by this Article applicable to this Contract, the term "Purchaser" shall mean WES'.fON,
and the term "Seller" shall mean "Contractor."
18. Procurement Integrity
Contractor shall indemnify, defend and save harmless WESTON, its affiliates and
subsidiaries, their officers, directors and employees and their successors, heirs and
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• •
representatives from any responsibility of liability in any way for claims, losses, damages
or expenses arising out of Contractor's failure to comply with or violation of the
provisions of the "Federal Procurement Policy Act as amended." Contractor's
compliance shall be through implementation of Federal Acquisition Regulation Part
3.104, "Procurement Integrity."
I 9. Special Patent Reporting Requirements
In order to avoid, mitigate or neutralize an actual or potential conflict of interest, if the
Contractor anticipates the use of corporate patents or other proprietary technologies
unique to the Contractor for use in remedial design and/or remedial action, the
Contractor shall notify WESTON in writing of the intent to use such patents or
proprietary technologies within ten (10) days of its use.
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Clause No.
52.202-01
52.203-01
52.203-03
52.203-05
52.203-06
52.203-07
52.215-01
52.215-02
52.215-23
52.215-25
52.215-26
52.219-08
52.219-09
52.219-13
52.220-03
52.220-04
52.222-01
52.222-03
52.222-04
52.222-06
52.222-07
52.222-08
52.222-09
52.222-10
52.222-11
52.222-12
52.222-13
52.222-14
52.222-15
52.222-16
52.222-26
52.222-27
52.222-35
52.222-36
52.222-37
52.223-02
52.223-03
• •
FEDERAL ACQUISITION REGULATION CLAUSES
Date
APR 1985
APR 1984
APR 1984
APR 1984
JUL 1985
FEB 1987
APR 1984
APR 1988
APR 1985<1>
APR 1987<1>
SEP 1939<2>
JUN 1989
AUG 1989°>
AUG 1986 <4>
APR 1984<4>
APR 1984°>
APR 1984
APR 1984
MAR 1986
NOV 1992
FEB 1988
FEB 1988
FEB 1988
FEB 1988
FEB 1988
FEB 1988
FEB 1988
FEB 1988
FEB 1988
FEB 1988
APR 1984
APR 1984
SEP 1986
APR 19,84
JAN 1988
Definitions.
Officials Not to Benefit.
Gratuities.
Covenant Against Contingent Fees.
Restrictions On Contractor Sales to the Government.
Anti-Kickback Procedures.
Examination of Records by Comptroller General.
Audit-Negotiation.
· Price Reduction for Defective Cost or Pricing Data.
Contractor Cost or Pricing Data.
Integrity of Unit Prices.
Utilization of Small Business Concerns and Small Disadvantaged
Business Concerns.
Small Business and Small Disadvantaged Business Subcontracting
Plan.
Utilization of Woman Owned Small Business.
Utilization of Labor Surplus Area.
Labor Surplus Area Subcontracting Program.
Notice to the Government of Labor Disputes.
Convict Labor.
Contract Work Hours and Safety Standards Act -Overtime
Compensation.
Davis-Bacon Act.
Withholding of Funds.
Payrolls and Basic Records.
Apprentices and Trainees.
Compliance with Copeland Act Requirements.
Subcontracts (Labor Standards)
Contract Termination -Debarment.
Compliance with Davis-Bacon and Related Act Regulations.
Disputes Concerning Labor Standards.
Certification of Eligibility.
Approval of Wage Rates.
Equal Opportunity.
Affirmative Action Compliance Requirements for Construction.
Affirmative Action for Special Disabled Vietnam ERA Veterans.
Affirmative Action for Handicapped Workers.
Employment Reports on Special Disabled Veterans and Veterans
of the Vietnam Era.
MAY 1989 <1> Clean Air and Water.
AUG 1987 Hazardous Material Identification and Material Safety Data.
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Clause No.
52.223-05
52.224-02
52.225-13
52.227-01
• •
FEDERAL ACQUISITION REGULATION CLAUSES
Date
JUL 1990
AUG 1988
APR 1988
APR 1984<4>
Title
Certification Regarding a Drug-free Workplace.
Privacy Act.
Restrictions on Contracting with Sanctioned Persons.
Authorization and Consent.
52.227-02 APR 1984 Notice and Assistance Regarding Patent and Copyright
Infringement.
52.227-16 JUN 1987
52.227-17 JUN 1987
52.233-01 APR 1984
52.233-03 AUG 1989
52.236-25 APR 1984
Additional Data Requirements.
Rights in Data-Special Works.
Disputes Alternate I.
Protest After Award.
Requirements for Registration of Designers.
52.237-02
52.243-01
JUL 1985
AUG 1987
Protection of Government Buildings, Equipment and Vegetation.
Changes-Fixed Price.
52.244-01
52.245-04
52.249-02
JUL 1985
JAN 1986
APR 1984
Subcontracts (Fixed Price Contracts).
Government Property (Short Form).
Termination -Fixed Price.
EPAAR Clause No. Date Clause/Provision Title
1552.209-72
1552.235-70
1552.235-71
1552.237-74
APR 1984
APR 1984
APR 1984
APR 1984
Organizational Conflict of Interest.
Screening Business, Information Confidentiality.
Treatment of Confidential Business Information.
Publicity.
"' Applicable for Subcontracts over $100,000.
"' Applicable for Unit Price Subcontracts.
"' Applicable for Subcontracts over $500,000.
'" Applicable for Subcontracts over $25,000.
•~ Applicable for service contracts.
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• •
SECTION G
REPRESENTATIONS AND
CERTIFICATIONS
NOR/K:\ WP\ 04400\ 078 \BIORPMO 1 .WP
pp 2.2
EXHIBIT II
• •
Solicitation No. _______ _
REPRESENTATIONS AND CERTIFICATIONS
(FOR AW ARDS :': $50,000)
The Prime Contract or solicitation under which the
request is issued contains provisions requiring
UESTON to ascertain information relative to your
compliance with certain requirements. The offerer
must provide full accurate and complete information
as required by this solicitation and its
attachments. Accordingly, you are required to
complete the applicable sections of this
Representations & Certifications Form and return
the original to UESTON at the following address in
order to be considered responsive to the
solicitation.
Please return to :
ROY F. UESTON, INC.
Attention:
1. Small Business Program Representation.
a. Representations. (1) The offeror represents
and certifies as part of its offer that it __ is,
is not a small business concern.
(2) The offerer represents that it __ is,
is not a small disadvantaged business concern.
(3) The offerer represents that it __ is,
is not a women·owned small business concern.
b. Definitions. Small business concern, as used
in this provision, means a concern, including its
affiliates, that is independently owned and
operated, not dominant in the field of operation in
which it is bidding on GoverMJent contracts, and
qualifies as a small business under the criteria
and size standards established by the Small
Business Administration.
Small disadvantaged business concern, as used in
this provision, means a small business concern that
(1) is at least 51 percent unconditionally owned by
one or more individuals who are both socially and
economically disadvantaged, or a publicly owned
business having at least 51 percent of its stock
unconditionally owned by one or more socially and
economically disadvantaged individuals, and (2) has
its management and daily business controlled by one
or more such individuals. This term also means a
small business concern that is at least 51 percent
unconditionally owned by an economically
disadvantaged Indian tribe or Native Hawaiian
Organization, or a publicly owned business having
at least 51 percent of its stock. unconditionally
owned by one or more of these entities, which has
it management and daily business controlled by
members of an economically disadvantaged Indian
tribe or Native Hawaiian Organization, and which
meet the requirements of 13 CFR Part 124.
Uomen-owned small business concern, as used in
this provision, means a small business concern···
(1) \.lhich is at least 51 percent owned by one or
more women or, in the case of a publicly owned
business, at least 51 percent of the stock. of which
is owned by one or more women; and C 2) whose
management and daily business operations are
controlled by one or more women.
c. Under 15 U.S.C. 645(d), any person who
misrepresents a firm's status as'·a sinall or small
disadvantaged business concern in order to obtain a
contract to· be awarded under the preference
programs established pursuant to sections 8(a),
8(d), 9, or 15 of the Small Business Act or any
other provision of the Federal law that
specifically references section 8(d) for a
definition of program eligibility, shall (1) be
punished by imposition of a fine, imprisonment, or
both; (2) be subject to administrative remedies;
including suspension and debarment; and (3) be
ineligible for participation in programs conducted
under the authority of the Act.
2. Certification Regarding Debarment, Suspension,
Proposed Debarment, and Other Respons ibi ti ty
Matters.
(a)(1) The offerer certifies, to ti,~ best of its
knowledge and belief, that·-
(i) The Offerer and/or any of its Principals·
(A) Are ( ) are not ) presently debarred,
suspended, proposed for debarment, or declared
ineligible for the award of contracts by any
Federal agency;
CB) Have ( have not ( ), within a three year
period preceding this offer, been convicted of or
had a civil judgement rendered against them for:
conmission of fraud or a criminal offenSe in
connection with obtaining, attempting to obtain, or
performing a public (Federal, state, or local)
contract or subcontract; violation of Federal or
state antitrust statutes relating to the sub"nission
Form EE0-2 (03/26/96) 1 of 5
•
of offers; or collYllission of embezzlement, theft,
forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, or
receiving stolen property; and
CC) Are ) are not ( presently indicted tor,
or otherwise criminally or civilly charged by a
goverrvnental entity with, conmission of any of the
offenses enumerated in subdivision (a)(1)(,i)(B) of
this provision.
<ii> The Offerer has ( ), has not ( } within a
three year period preceding this offer, had one or
more contracts terminated for default by any
Federal agency.
(2) 11Principals,11 for the purposes of this
certification, means officers; directors; owners;
partners; and, persons having primary management or
supervisory responsibilities within a business
entity (e.g., general manager; plant manager; head
of a subsidiary, division, or business segment, and
similar positi6ns).
This certification concerns a matter within the
jurisdiction of an agency of the United States and.
the making of a false, fictitious, or fraudulent
certification may· render the maker subject to
prosecution under section 1001, title 18, United
States Code.
Cb) The Offeror shall provide irrmediate written
notice to UESTON if, at any time prior to contract
award, the Offerc!· learns that its certification
was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(c) A certification that any of the items in
paragraph (a) of this provision exists will not
necessarily result in withholding of an award under
this solicitation. However, the certification will
be considered in connection with a determination of
the Offeror's responsibility. Failure of the
Offerer to furnish a certification or provide such
additional information as requested by UESTON may
render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be
construed to require establishment of a system of
records ·in order to render, in good faith, the
certifi.:;,ition required by paragraph (a) of this
provision. The knowledge and information of an
Offerer is not required to exceed that which is
normally possessed by a prudent person in the
ordinary course of business dealings.
(e) The certification in paragraph (a) of this
provision is a material representation of fact upon
which reliance was placed when making award. If it
is later determined that the Offeror knowingly
rendered an erroneous certification, in addition to
the other remedies available, UESTON may terminate
the contract resulting from this solicitation for
default.
3. Certification of Nonsegregated Facilities .
Ca) "Segregated facilities,11 as used in this
provision, means any waiting rooms, work areas,
rest rooms and wash rooms, restaurants and other
eating areas, time clocks, locker rooms and other
storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas,
2 of
•
transportation, and housing facilities provided for
employees, that are segregated by explicit
directive or are in fact segregated on the basis of.
race, color, religion, or national origin because
of habit, local custom, or otherwise.
(b) Sy the subnission of this offer, the offerer
certifies that it does not and will not maintain or
provide for its employees any segregated facilities
at any of its establishments, and that it does not
and will not permit its employees to perform their
services at any location under its control where
segregated facilities are maintained. The offerer
agrees that a breach of this certification is a
violation of the Equal Opportunity clause in the
contract.
(c) The offerer further agrees that (except where
it has obtained identical certifications from
proposed subcontractors for specific time periods)
it will-
( 1) Obtain identical certifications from proposed
subcontractors before the award of subcontracts
under which the subcontractor will be subject to
the Equal Opportunity clause; ·
(2) Retain the certifications in the files; and
(3) Forward the following notice to the proposed
subcontractors (except if the proposed
subcontractors have submitted identical
certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF RECUIREHENT
FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES.
A Certification of Nonsegregated Facilities must be
submitted before the award of a subcontract under
which the subcontractor will be subject to the
Equal Opportunity clause. The certification may be
submitted either for each subcontract or for all
subcontracts during a period (i.e., quarterly,
semiannually, or annually).
NOTE: The penalty for making false statements in
offers is prescribed in 18 U.S.C. 1001.
4. Previous Contracts and Compliance Reports.
The offerer represents that··
(a) It has, has not participated in a
previous coii'tract or subcontract subject either to
the Equal Opportunity clause of this solicitation,
the clause originally contained in Section 310 of
Executive Order No. 10925, or the clause contained
in Section 201 of .Executive Order No. 11114;
Cb) It has, has not filed alt required
complianc'ereports;and
(c) Representations indicating submission of
required compliance reports, signed by proposed
subcontractors, will be obtained before subcontract
awards.
5. Affirmative Action Compliance.
The offerer represents that Ca) it __ has
developed and has on file, __ has not developed
and does not have on file, at each establishment,
affirmative action programs required by the rules
and regulations of the Secretary of Labor (41 CFR
60-1 and 60-2), or Cb) it has not previously
had contracts subject to the written affirmative
action programs requirement of the rules and
regulations of the Secretary of Labor.
5
•
6. Type of Business Organization.
The offerer or quoter, by checking the applicable
box, represents that-·
(a) It operates as_ a corporation incorporated
under the laws of the State of _______ _
an individual, a partnership, a
noriprofit organization:--Or _ a joint venture:-or
(b) If the offerer or quoter is a foreign entity,
it operates as _ an individual, _ a
partnership, a nonprofit organization, a
joint venture,0r a corporation, registered/or
business in ___________ (country).
7. Place of Performance.
(a) The offerer or-quoter, in the performance of
any contract resulting from this solicitation,
intends, does not intend (check applicable
block) to---.:i'se one or more plants or facilities
located at a different address from the address of
the offerer or quoter as indicated in this proposal
or quotation.
(b) If the offerer or quoter checks 11intends11 in
paragraph (a) above, it shall furnish in the spaces
provided bel,ow the required information:
Pl ace of Performance
Address, City,
County, State, Zip
Code)
(Name and Address of Owner
and Operator of the Plant or
Facility if Other than
Offerer or Ouoter
8. Certificate Of Independent Price
Determination.
(a) The offerer certifies that--
(1) The prices in this offer have been arrived at
independently, without, for the purpose of,
restricting competition, any consultation,
conmunication, or agreement with any other offerer
or competitor relating to (i) those prices, (ii)
the intention to sut:xnit an offer, or (iii> the
methods or factors used to calculate the prices
offered;
(2) The prices in this offer have not been and
will not be knowingly disclosed by the offerer,
directly or indirectly, to any other offerer or
competitor before bid opening (in the case of a
sealed bid solicitation) or contract award (in case
of a negotiated solicitation) unless otherwise
required by law; and
(3) No attempt has been made or will be made by
the offerer to induce any other concern to sut:xnit
or not to sul::wni t an offer for the purpose of
restricting competition.
(b) Each signature on the offer is considered to be
a certification by the signatory that the
signatory-·
•
(1) ls the person in the offerer's organization
responsible for determining the prices being
offered in this bid or proposal, and that the
signatory has not participated and will not
participate in any action contrary to paragraphs
(a)(1) through (a)(3) above; or
(2) (i) Has been authorized, in wr1t1ng, to act
as agent for the following principals in certifying
that those principals have not participated, and
will not participate in any action contrary to
subparagraphs (a)(l) through (a)(3) above
Insert full
name of person(s) in the offerer's organization
responsible for determining the prices offered in
this bid or proposal, and the title of his or her
position in the offerer's organization;
(ii) As an authorized agent, does certify that
the principals named in subdivision (b)(2)Ci) above
have not participated, and will not participate, in
any action contrary to subparagraphs (a)(1) through
(a)(3) above; and
(iii) As an agent, has not personally
participated, and will not participate, in any
action contrary to subparagraphs (a)(1) through
(a)(3) above.
(c) If the offerer deletes or modifies
subparagraph (a){2) above, the offerer must furnish
with its offer a signed statement·setting forth in
detail the circumstances of the disclosure.
9. Requirement For Technical Data Certification.
The offeror hereby certifies that it ( ) has, C
has not delivered, or C ) is obligated, C is
not obligated to deliver to the Government under
any contract or subcontract, the same or
substantially the same technical data as are
required to be delivered hereunder. If the
offeror's representation is affirmative, the
offerer shall identify below one such contract or
subcontract under which technical data were
delivered or will be delivered and the place of
such de l i very.
Contract/Subcontract No.: __________ .o..
Place of Delivery: _____________ _
(Name of Govt. Agency/Contractor)
(Street Address)
(City) (State} (Zip C~)
(Delivered to: Name of Party)
10. Buy American Certificate {Supply Orders>...:.
(a) The offerer certifies that each end product,
except those listed below, is a domestic end
product (as defined in the clause entitled "Buy
American Act-Suppl ies11 ), and that components of
unknown origin are considered to have been mined,
3 of 5
•
produced,
States.
or manufactured outside the
Excluded End Products Country of Origin
(List as necessary).
United
Offerers may obtain from UESTON lists of articles,
materials, and ·supplies excepted from the Buy
American Act.
11. Material Safety Data Sheets.
The offerer agrees to identify any hazardous
material as defined in the latest version of
Federal Standard 313 to be delivered hereunder, and
to sul::rnit prior to award an acceptable Material
Safety Data Sheet for each hazardous material item.
12. Authorized Signature.
Sy signing below, the offerer hereby certifies all
the foregoing representations & certifications are
correct:
COMPANY NAME (Please Print)
CITY STATE ZIP (Please Print)
TAX IDENTIFICATION NUMBER
PRINTED NAME/TITLE
SIGNATURE OF AUTHORIZED REPRESENTATIVE
CATE
IN ADDITION TO THE ABOVE. THE REPRESENTATIONS ANO CERTIFICATIONS LISTED BELOW SHALL BE COMPLETED FOR
SOLICITATIONS IN EXCESS OF 1100,000.
13. Clean Air and Uater Certification.
The Offerer certifies that--
(a) Any facility to be used in the performance of
this proposed contract is __ , is not __ listed
on the Envirorvnental Protection Agency (EPA) List
of Violating Facilities;
(b) The Offerer will imnediately notify UESTON,
before award, of the receipt of any cormtunication
from the Admi n is t ra'tor, or a des i gnee, of the EPA,
indicating that any facility that the Offerer
proposes to use for the performance of the contract
is under consideration to be listed on the EPA List
of Violating Facilities; and
(c) The Offerer will include a certification
substantially
including this
subcontract.
•
the same as this certification,
paragraph Cc), in eVery nonexempt
14. CERTIF!CATION AND DISCLOSURE REGARDING PAYMENTS·
TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(a) The definitions and prohibitions contained in
the clause, at FAR 52.203-12, Limitation on
Payments to Influence Certain Federal Transactions,
included in this solicitation, are hereby
incorporated by reference in paragraph Cb) of this
certification.
(b) The offerer, by signing its offer, hereby
certifies to the best of his or her knowledge and
belief as of December 23, 1989 that
(1) No Federal appropriated funds have been paid or
will be paid to any person for influencing or
attempting to influence an officer.or employee of
any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress on his or her behalf in connection with
the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan,
or cooperative agreement;
(2) If any funds other than Federal appropriated
funds (including profit or fee received under a
covered Federal transaction) have been paid, or
will be paid, to any person for influencing or
attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress, on his or her behalf in connection with
this solicitation, the offeror shall complete and
sul::rnit, with its offer, OMS standard form LLL,
Disclosure of Lobbying Activities, to the
Contracting Officer; and
(3) He or she will include the language of this
certification in all subcontract awards at any tier
and require that all recipients of subcontract
awards in excess of $100,000 shall certify and
disclose accordingly.
(c) Sul::rnission of this certification and disclosure
is a prerequisite for making or entering into this
contract imposed by section 1352, title 31, United
States Code. Any person who makes an expenditure
prohibited under this provision or who fails to
file or amend the disclosure form to be filed or
amended by this provision, shall be subject to a
civil penalty of not less than $10,000, and not
more than $100,000 for each such failure.
15. Contingent Fee Representation and Agreement.
(a) Representation. The offeror represents that,
except for full·time bona fide employees WOrking
solely for the offeror, the offeror··
Note: The offerer must check the appropriate boxes.
For interpretation of the representation, including
the term 11bona fide employee," see Subpart 3.4 of
4 of 5
•
the Federal Acquisition Regulation.
( 1) _ has, _ has not employed or retained any
person or company to solicit or obtain this
contract: and
(2) __ has, __ has not paid or agreed to pay
to any person or company employed or retained to
solicit or obtain this contract any conmission,
percentage, brokerage, or any other fee contingent
upon or resulting from the award of this contract.
Cb) Agreement. The offerer agrees to provide
information relating to the above Representation as
requested by ROY F. UESTON, Inc.
16. Authorized Signature.
By signing below, the offerer hereby certifies all
the foregoing representations & certifications are
correct:
COMPANY NAME (Please Print)
PRINTED NAME/TITLE
SIGNATURE OF AUTHORIZED REPRESENTATIVE
DATE
(End of Form)
5 of 5
•
• •
SECTION H
WESTON'S TERMS AND
CONDITIONS
NOR/K:\ WP\ 04400\ 078 \BIDRPM0t .WP
• •
SUBCONTRACT AGREEMENT
Client Subcontract No.
Client Contract No. Work Order No.
Requisition No. Period of Performance
This Subcontract is a rated Rating Date of Subcontract order under DPAS (15 CFR 350) --
This Subcontract is by and between: Address Correspondence to WESTON Authorized Representative:
Mail invoices in duplicate to:
(hereinafter referred to as SUBCONTRACTOR) ROY F. WESTON, INC.
and Weston Way
West Chester, PA 19380
Roy F. Weston, Inc. Attn: Accounts P';(;able ·
Weston Way (One {JJ ad itional copy shall also be forwarded
West Chesler, PA 19380 to the eston Authorized Representative)
(hereinafter referred to as WESTON)
SUBCONTRACTOR's Employer I.D. # or Social Security No.
Check cate1ories that are applicable to SUBCONTRACTOR's business as defined by the Federal Acquisition Regulation,
and applica le Agency Supplements thereto:
D Large Business D Non-Profit Entity D Historically Black College/University
D Small Business D Labor Surplus Area Business D Handicapped Business Concern
D Small Disadvantaged Business D Women Owned Small Business
WHEREAS, WESTON hereby engages SUBCONTRACTOR to provide the services set forth in Part I, and
WHEREAS, SUBCONTRACTOR agrees to provide such services to WESTON for the compensation set forth in Part II
and to be bound by the provisions of Part Ill, · .
NOW, THEREFORE, the parties agree as noted herein: .
Part I· Scope of Work (attach "Exhibit I" tt more space is required)
Part II· Compensation (attach "Exhibit II" if more space is required).
Part Ill • This Subcontract shall be 9overned by the General Provisions contained herein and the Supplemental Provisions included ·
as Exhibit 111, tt applicable, as note below. . . . , .
Supplemental Provisions applicable (check one) yes __ no __
Payment Bond Requirnd (check one) yes_·_ no __ (See qeneral Provisions Article 17) . ·----
Performance Bond Required (check one) yes no (See General Provisions Article 17)
SUBCONTRACTOR WESTON
-
Signature Signature
Name (Print or type) Name (Print or type)
litle Title
Date Date
266-1885 RFW 04-06-004JA-11/90
PART III
GENERAL PROVISIONS
1. Order of Precedence • In the event of an inconsistency or
ambiguity between Lhe docwnents comprising this Subcontract.
the following order of precedence shall govern:
a. Supplemental Provisions
b. Subconlract including General Provisions
c. Scope of Work including all changes or
modifications thereto.
d. Spe.cifications and Drawings.
2. Invoicing and Payment -SUBCONTRACTOR shall submit
invoices in a form acceptable to WESTON for coinpleted seI"Vices
on a monthly basis. Invoices shall include, but not be limited to
lhe following:
a. The Subcontract number, work order number, dates
of services, n~e of authorized WESTON
representative.
b. Names and titles of SUBCONTRACTOR personnel,
net unit prices and/or hourly rates for services
rendered. extended lOlals, expenses by category and
total amounts due.
c. Invoices shall be submitted in duplicate to WESTON
Accounts Payable and one additional copy shall be
forwarded to the authorized WESTON representa•
tive under separa.te cover.
Payment shall be issued to SUBCONTRACTOR net 45 days after
approval of SUBCONTRACTOR invoice by the authorized
WESTON representative.
3. Insurance -SUBCONTRACTOR shall maintain at its own
expense, Workmen's Compensation, Comprehensive General
Liability, Automobile Liability, Excess Liability and Professional
Liability insurance, for the duration of time WESTON is required
to maintain insurance by its Client, or for two (2) years following
final payment under this Subcontract, whichever period is longer,
as follows:
TYPE OF INSURiNcE······ ·.·.·•.·, LIMITS<:>i-'r.,~~ii::t-ri'•'·'•·
:.·. . . · ..
Workmen's .Compensation
and
Employer's Liability
Comprehensive General
Liability
295-2245
. . . ~~~lBit*::J~ j~lt.?
$1,00o;ooo Empi&y;h .•.
Liabiliiy •
s1,ooo,ooo·~.~b>
occui-:renCe····'·
The Comprehensive General Liability insurance required herein
shall include Contractual Liability coverage, including coverage
for SUBCONTRACTOR's obligations as defined in Article 6 of
these General Provisions.
WESTON shall be named as an Additional Insured under such
policies and lhe policies shall not be altered or cancelled without
SUBCONTRACTOR first providing thirty (30) days advance
written notice to WESTON of its intent to alcer or cancel. ·Failure
to maintain insurance in compliance with this article shall' be
considered a breach of SUBCONTRACTOR's obligations
hereunder and shall be cause for Termination under Article 11 of
these General Provisions.
Certificate(s) of Insurance shall be forwarded to: Roy F. Weston,
Inc., Weston Way, West Chester, PA 19380, Aun: Subcontracts
Dept. SUBCONTRACTOR IS NOT AUTHORIZED TO
PROCEED WITH ANY WORK UNTIL THE
APPLICABLE INSURANCE CERTIFICATE(s) HAS BEEN
RECEIVED AND ACCEPTED BY WESTON.
4. Standard of Care -In providing setvices of any kind or nature
hereundi:r, including advice and consultation, whether technical
or professional, SUBCONTRACTOR shall exercise the highest
degree of care, and provide such services with the highest and
best quality.
5. Warranty -SUBCONTRACTOR warrants to WESTON that it
possesses the expertise, capability, equipment. and personne_l to
properly and professionally perfonn its services hereunder, that it
is properly and legally licensed (if applicable) to perfonn such
services: and lhat it shall at all times in the pcrfonnancc of such
services comply with all appl_ic3.ble laws, ordinances and regula-
tions and shall perform all services in a good, workmanlike,
professional, efficient and non."negligent manner.
6. IndemnlOcatlon -SUBCONTRACTOR shall inaernnify,
defend and save hannless WESTON, its affiliates and subsidiar-
ies, lhcir officers, directors, and employees and their successors,
heirs and reprcse_ntatives from any responsibility or liability in
any way for claims, losses, damages, or expenses arising out of
I.he death of, injuries to, or damages to any person or damage or
destruction of any property, including lo~s of use, arising out· of,
incident to, or in connection with SUBCONTRACTOR 's
performance hereunder.
7. Independent Contractor -SUBCOLCTOR deelares that
it is an independent business, that similar services are provided
for other Clients, and WESTON is not SUBCONTRACTOR's
sole and only Client SUBCONTRACTOR shall provide all
equipment, materials and services covered by this Subcontract as
an independent contractor, maintaining full and complete control
over its employees and all of its lower-tier subcontractors and
material suppliers. WESTON has no control or right to control
such SUBCONTRACTOR's employees and lower-tier subcon-
tractors and material suppliers, except as may be provided
elsewhere herein. ·
8. Health & Safety -Safe practices are considered a priority
· requirement in the performance of this Subcontract: SUBCON-
TRACTOR shall, to the maximum extent practicable, be respon-
sible for the conditions of the work site. This responsibility will
encompass the safety l:)f all persons, including emplo}'CCs, agCnts
and lower-tier subcontractors, as WCII as property for the· duration
of the services performed hereunder. SUBCONTRACTOR shall
comply with the all applicable Federal, Stale, and Local Health
and Safety requirements and standards including, but not limited
to, the Occupational Safety and Health Act of 1970, as amended,
and the standards and regulations issued thereunder. SUBCON-
TRACTOR shall develop and maintain for the duration of this
Subcontract, a health and safety program that will effectively
incorporate and implement all required safety provisions includ-.
ing, but not limited to, proyisions of the Site Safety Plan.
UNFAMILIARITY WITH THE AFOREMENTIONED SAFETY
PROVISIONS SHALL NOT RELIEVE SUBCONTRACTOR
FROM COMPLIANCE WITH THE OBLIGATIONS AND
PENALTIES SET FORTH THEREIN.
9. Confidentiality -Confidential or proprietary information of
WESTON or WESTON's Client, as labeled or stamped "Confi-
dential", may be disclosed to SUBCONTRACTOR during the
term of this Subcontract. SUBCONTRACTOR agrees not to
disclose, either in whole or in part, any such information 10 any
person for any purpose whatsoever, unless re.quested to do so in
writing by WESTON, and to bind its employees, officers, agents,
and all lower-tier subcontractors to this same obligation.
IO. Data Rights -SUBCONTRACTOR agrees that all discover-
ies, inventions, and data related thereto that are conceived of,
either jointly with others or independently, in connection with the
services performed hereunder is the property of WESTON and
shall be provided to WESTON without restrictions.
11. Termination
a. Termi11atio11forC011venience -WESTON may, at any time,
terminate this Subcontract for its convenience, in whole
or in part, upon wrillen notice to SUBCONTRACTOR.
SUBCONTRACTOR shall be paid in accordance with
the terms of this Subcontract for all services rendered
and accepted by WESTON through the date of termina-
tion, including reasonable and supportable termination
costs. WESTON shall not be obligated to pay SUB-
CONTRACTOR any other costs related to losses,
damages or expenses, including prospective profits for
services not performed arising out of or related to such
1ermination.
b. Termination/or De/GJJ/t -If SUBCONTRACTOR defaul15 in
the performance hereof or breaches any of its obliga•
lions hereunder and fails to remedy such default or
295-2245
breacl! if SUBCONTRACTOR be<:0111es insolvent,
or a Trustee or receiver of SUBCONTRACTOR 's
business or assets is appointed, or any petition in
bankruptcy is filed by or against SUBCONTRACTOR,
this shall constitute a default under the terms of this
Subcontract In any such even, WESTON may
terminate this Sulx:ontract, in whole or in part, by
wriuen notice to SUBCONTRACTOR, and WESTON
shall have no liability or obligation whatsoever to
SUBCONTRACTOR by reason of, or resulting from
· such termination. . . . .
c. Notice o[TerminaJion -WESTON shall provide a ·wriuen · · · ·
Notice of Termination and SUBCONTRACTOR shall
proceed with the direction contained therein, and shall .. transmit to WESTON all records related to.·.,,....... .,
. SUBCONTRACTOR's pe,forman~ thereunder," . ,.· -.
including, but not limited to, samples, field data,
laboratory dat~, analysis", tests, calculations, notes and
results.
12. Disputes -Any ·dispute arising under this Subcontrac,
including disputes under termination, not settled by agreement of
the parties shall be deeided by litigation in a coun of competent
jurisdiction. Pending any decision, appeal, suit, or claim pursuant
to this Article, SUBCONTRACTOR shall proceed diligently with
· . the performance of the work Wider this Subcontract The rights
of WESTON and the obligations of SUBCONTRACTOR shall
survive completion of performance in accordance with the
provisions of this Subcontract and final payment hereunder.
13. Changes -WESTON may, at any time by written notice to
SUBCONTRACTOR, make changes to any of the Subcontract
documents. Any claim for additional compensation or extension
of time (adjustments) under this Article shall be made in writing
within ten (10) days of issuance of a change notice from
WESTON. Failure to provide such written claim shall constitute
a waiver of such claim for adjustmenL Failure to reach mutual
agreement regarding such adjustments hereunder shall constitute
a dispute 10 be resolved under Article 12 of these General
Provisions.
14. Permits -SUBCONTRACTOR shall obtain all permits and
licenses and pay all fees and charges necessary for the perfor-
mance of SUBCONTRACTOR's services under this Subcontract.
15. Records Retention -SUBCONTRACTOR shall retain in
legible form all records related lo this Subcontract including, but
not limited to, logs, field data, laboratory data, samples, analyses,
calculations, notes, financial and other records related to the
Project and SUBCONTRACTOR's services hereunder for a
period of three (3) years from final payment under this Subcon-
tract, or as specified in WESTON's contract with its Client,
whichever period is greater.
16. Release of Liens and all Clalm.s -WESTON shall require
SUBCONTRACTOR to provide a Release of Liens and All
Claims along with the Application for Final Payment for services
performed hereunder (fomu attached) prior to release of the final
payment by WESTON.
17. Performance and Payment Bonds -SUBCONTRACTOR
shall furnish Performance and/or Payment bonds (forms ·a1-
1ached), each in an amount equal to at least the Subcontract price,
t
as,J:curi1y for the faithful performance andlmen, of all
SU&CONTRACTOR's obliga1ions wider this Subcon1rac1. These
~1nd~sf)all remain in effe.ct m1til at least one (l) year after the
date when final payment becomes due, except as provided by
Law or regulation or as may be otherwise provided herein.
18. Notice of Labor Disputes -In the evenl thal the 1imely
performance of work under this Subcontract is delayed or
threalened 10 be delayed by any ac1ual or polen1ial labor dispule,
SUBCONTRACTOR shall immedia1ely no1ify WESTON of all
relevanl informa1ion with respecl to such dispute. SUBCON-
TRACTOR shall insen the substance of this Anicle in all
purchase orders and lower-tier subcontracts issued hereunder.
19. Non-Discrimination In Employment -SUBCONTRACTOR
agrees and hereby certifies that in providing the services hereun-
der, it shall not discriminate against any employee or applicant
because of race, color, religion, age, sex, or national origin. ·
SUBCONTRACTOR shall abide by provisions of all applicable
governmental laws and regulations pertaining to non-discrimina-
tion, including, but not limited to, Executive Orders 11246 and
11141 (Equal Employment Opponunity); 41 CFR 60-741.4
(Employment of the Handicapped); 41 CFR 60-250.4 (Employ-
ment of Disabled Veterans and Veterans of the Vietnam Era);
regulations regarding Utilization of Small Business Concerns and
Small Disadvantaged Business Concerns; regulations regarding
. Utilization of Labor Surplus Area Concerns; and regulations
regarding Women•Owned Small Business Concerns.
20. Social Security and Wage Tax Liability -With respect to all
persons at any time employed by, or on the payroll of SUBCON-
TRACTOR in performing any services directly or indirectly
under this Subcon1ract, SUBCONTRACTOR accepts full and
exclusive liability for the p_ayment of all contributions or taxes for
unemployment insurance and old age retirement and other
benefits, pensions or annuities, and wage or income taxes for
unemployment insurance and old age retirement and other
benefits, pensions or annuities, and wage or income taxes, now or
hereafter imposed by the United States, and any state or political
subdivision thereof, however the same be measured. SUBCQN.
TRACTOR shall furnish WESTON such payroll and cmploymen1
information as WESTON may require to demonstrate compliance
wi1h the above obligation. If WESTON shall be required by law
to pay any contribution. tax or penalty because of SlJB.
CONTRACTOR's failure to furnish the aforesaid information,
SUBCONTRACTOR shall fonhwith reimburse WESTON for
the entire amount so paid.
21. F~r Labor St .. rds Act And Service Contract Act•
SUBCONTRACTOR warrants, in connection with the services
provided hereunder, its compliance with all applicable require•
ments of the Fair Labor Standards Ac1, as amended, and/or the
Service Contract Act, as amended, and of regulations and orders
of the Unite<! States Depanment of Labor issue<! thereunder.
22. Assignment -Tilis subcon1ract may not be assigned by
SUBCONTRACTOR, either in whole or in pan, without the prior
wriuen consent of WESTON.
23. Set-O!T -WESTON shall be entitled to set-off any amowit
owe<! to WESTON by SUBCONTRACTOR or any of its
affiliates, against any amowil payable to SUBCONTRACTOR by
WESTON, or any of its affiliates.
24. Sales and Use Tax -SUBCONTRACTOR is required to pay
all Sales and Use Taxes_to the extent such taxes are applicable to
purchases made herewider, and funher agrees to hold WESTON
harmless from any and all claims relate<! to Sales and Use Tax as
applicable to services provide<! hereunder.,SUBCONTRACTOR
will provide a certification, as part of the application for final
payment, that all Sales and Use Taxes due have been or will be
remitted to the appropriate taxing authority.
25. Severablllty -Any provision or pan thereof of this Subcon-
tract held to be void or unenforceable under any law or by any
coun shall be deemed stricken, and all remaining provisions shall
continue to be valic! and binding upon the parties. The panics may
reform or replace such stricken provision or part thereof with a
valid and enforceable provision which expresses the intent of the
stricken provision.
26. Governing Law . Interpretation of this Subcontract is lo be
governed by and construed in accordance with the law of the
Commonwealth of Pennsylvania. The application of the
provisions of this Subcontract to services provided at local sites
will be governed by the law of the local sites where services arc
provided.
27. Entire Agreement • This Subcontract contains the entire
understanding of the panics with respect to the subject matter
hereof and there are ·no verbal understandings. statements, or
stipulations bearing upon the meaning or effect of this Subcon•
1ract. Tilis Subcon1ract may only be modified or amended by a
written instrument executed by both parties, except as may be
otherwise provided herein. · ·