NCD095458527_19990301_FCX Inc. (Statesville)_FRBCERCLA RA_Bidding Documents for OU-2 Soil Remediation Rev. 4-OCR

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I Document Control No. 4400-57-AIDI RECEIVED
I Revision 4 MAR 301999
I SUPERFUND SECTION
I BIDDING DOCUMENTS FOR
I FCX OPERABLE UNIT 2
SOIL REMEDIATION
I FCX OPERABLE UNIT 2
STATESVILLE, NORTH CAROLINA
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I Work Assignment No. 57-4N8M
I MARCH1999
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I REGION IV
I U.S. EPA CONTRACT NO. 68-W7-0026
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I Roy F. Weston, Inc.
Suite 200
·1 5405 Metric Place
Norcross, Georgia 30092
I WESTON W.0. No. 04400-057-094-0003-00
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Section
A
B
C
D
E
F
G
8
TABLE OF CONTENTS
lNSTRUCTIONS TO OFFERORS
GENERAL CONDITIONS OF THE CONTRACT
STATEMENT OF WORK
COMPENSATION, INVOICING, AND PAYMENT
RELEASE OF LIENS AND ALL CLA™S
SUPPLEMENTAL PROVISIONS
REPRESENTATIONS AND CERTIFICATIONS
WESTON'S TERMS AND CONDITIONS
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SECTION A
INSTRUCTIONS TO OFFERORS
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1.
1.2
1.3
14
1.5
1.6
2.
2.1
3.
3. I
INSTRUCTIONS TO OFFERORS
GENERAL INFORMATION
This project is being conducted by Roy F. Weston, Inc. (WESTON.,) under the Response
Action Contract (RAC) V prime contract 68-W7-0026 with the U.S. Environmental Protection
Agency (EPA). Work at the site will be supervised by WESTON.
The work covered under this solicitation is a portion of the total site remediation and is
directed toward remediating contaminated soil (Operable Unit 2) at the FCX Site (FCXS),
Statesville, North Carolina. This is to be accomplished by the use of a thermal desorption
process. Groundwater is being remediated under a separate project (Operable Unit I). 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.
WESTON requests bids for providing all work as defined in this solicitation in accordance with
the requirements stated herein.
Four 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.
Partial or incomplete Bids may not be considered. Bids shall be in strict conformity with the
Solicitation Documents and any amendments thereto.
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.
RESPONSIBILITIES OF THE OFFEROR
It is the responsibility of the respondent to read and become completely familiar with all
information in this solicitation.
BID AND OTHER COSTS
This request does not commit WESTON or EPA 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.
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4.
4.1
4.2
5.
5.1
SCHEDULE
It is anticipated that an award will be made for this work 60 days from the offer deadline.
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.
MINIMUM QUALIFICATIONS OF OFFERORS
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 ifit is qualified to perform the Work. To assist in
this investigation, the following items must be submitted with your bid. These minimum
qualifications must be met by the Contractor, including any second-tier subcontractors.
a.
b.
C.
d.
e.
f
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, documentation of an individual's North Carolina Professional Engineering
registration, or the firm's license to provide engineering services).
Conflict of Interest 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.
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 successfully used thermal desorption for the treatment of contaminated soil.
Listing of any major second-tier subcontractors needed to complete the work herein.
The listing shall, at a minimum, include name and address of the proposed
subcontractor, description of the work to be subcontracted, type of subcontract
anticipated, and an estimated value of the subcontract.
An insurance certificate indicating your ability to meet the insurance requirements.
Written confinnation 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.
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6.
6.1
6.2
6.3
g.
h.
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Evidence that your finn can comply with the Health and Safety requirements of this
solicitation. This information shall include, at a minimum, your !inn'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.
Evidence that your finn 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.
Provide a copy of your !inn's QA plan that provides QA/QC requirements and
procedures for the types of work required herein.
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 soil remediation
systems.
k. Provide the corporate experience of the organization per.fanning the completion of the
detailed design of the treatment system. This finn must have at least five (5) years
experience in the design and operation of thermal desorption. Provide the name and
resume of the Design Manager, who shall have at least three (3) years experience in the
design and operation of thermal desorption systems.
SOLICITATION DOCUMENTS
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.
WESTON, in making copies of Solicitation 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.
The following additional documents will be provided at the Pre-Bid Conference for use as
backgrm:nd information. These will become part of the Solicitation Document.
• FCXS-Statesville Feasibility Study, Operable Unit 2.
• Laboratory results from soil sampling performed at the FCXS-Statesville site in
April 1995;
• Laboratory results from vrification soil sampling conducted during excavation
activities (March -April 1999).
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7.
7.1
7.2
7.3
7.4
8.
8.1
EXAMINATION OF SOLICITATION DOCUMENTS
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 perforniance 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.
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.
Before submitting its bid, each offeror may, at its own expense, make such additional
investigations as the offeror 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.
The submission of a bid will constitute an indisputable representation by the offeror that it has
read and understood every requirement of this so1icitation, 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.
INTERPRET A TIO NS
Written questions concerning this solicitation shall be received by Friday,_ April 23, 1999,
4 00 p.m. local time at:
Roy F. Weston, Inc.
Suite 200
5405 Metric Place
Norcross, Georgia 30092
Attn: Ralph P. McKeen
Fax: [phone]
Phone: [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 solicitation 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 uninformed offerors. If an
offeror desires to submit questions for comment at the scheduled pre-bid conference, the
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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, April 14, 1999, at
I :00 p.m. local time at the FCX Site in Statesville, North Carolina. The conference and site
visit will be limited to four ( 4) people from each firm intending on submitting a bid. This
number shall include potential second-tier subcontractors.
9.2 Directions to the pre-bid conference are provided as a separate document to this bid document.
9.3 At least two (2) working days prior to the pre-bid conference, all firms 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 TECHNICALSUBMITTAL
I 0.1 The offeror shall provide with their bid a technical overview of his approach for remediation of
the soils. 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
remedial system which is the basis for the offeror's costs, process flow diagram, process and
instrumentation diagram, a heat mass balance, and a material flow sheet.
I 0.3 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 ( I 0%) 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 be submitted on either the surety's own standard Bid Bond or an
American Institute of Architects (AIA) form.
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11.3 In case an offeror to whom a Subcontract is awarded shall fail or neglect to execute the
Subcontract Agreement and furnish the satisfactory bonds within the time specified, WESTON
may determine that the offeror has abandoned the Subcontract. Thereupon, the Bid Forn1s and
acceptance shall be null and void, and the Bid Security accompanying the Bid Form shall be
foifeited 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 foifeited 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. I 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.
12.4 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.
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 the Bid Forms
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
I 3. I 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 Monday, May 3, 1999, at:
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Roy F. Weston, Inc.
Suite 200
5405 Metric Place
Norcross, Georgia 30092
Attn: Ralph P. McKeen
Phone: [phone]
13.2 Bids shall include all information required by this solicitation or provided in response thereto.
13 .3 The solicitation number (025-RARA-048M) 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.
I 3 .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 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 WES TO N'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:
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a.
b.
C.
registered or certified mail not later than the fifth (5th) calendar day before the date
specified for receipt of responses;
U. S. 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;
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 ofa 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 sent by U.S. mail at the WESTON
office is the time/date stamp of WESTON on the bid wrapper or other documentary evidence
of receipt maintained by WESTON.
14.5 The only acceptable evidence to establish 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 may 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.
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14.8 Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof) for
the opening of bids.
15. BASIS FOR AWARD
I 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 from the Bid Forms) to WESTON
for all the Work called for herein. WESTON, with consent from the EPA, will make this
determination and their decision shall be final.
15.2 WESTON intends to make two awards for this solicitation. [n accordance with the EPA
Record of Decision that specified the use of base-catalyzed decomposition (BCD) with thermal
desorption, the first award will be made to the qualified offeror as described in 15.1 who has
the capabilities to utilize BCD. The second award will be made to the qualified offeror as
described in 15.1, that will utilize thermal desorption without the BCD process.
15.3 WESTON may (1) 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.
15.4 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.
15.5 If necessary to assure complete understanding of all offers, WESTON may conduct discussions
with any or all of the offerors.
15.6 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 offer whether or not a written notice of withdrawal is received before award.
Discussions or negotiation conducted after receipt of an offer do not constitute a rejection or
counteroffer by WESTON.
15.7 WESTON may determine that an offer is unacceptable if the prices proposed are materially
unbalanced between line items or sub-line items. 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.
15.8 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.
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16. AWARD OF THE CONTRACT
16.1 For any resultant contract, WESTON expects to give the successfi.1! 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 fifty ( I 50) 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.
16.2 The initial award will be given to the successful offeror that can provide thennal desorption
with the BCD process. WESTON will then have the option to issue a second award if the
initial offeror cannot demonstrate compliance with stack testing emission standards and/or soil
remediation goals.
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 (I) 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 confonn 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 perfonnance of work under this solicitation.
18. FAILURE TO SUBMIT OFFER
18. I 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
19.1 Bids submitted in response to the solicitation will not be returned, but will be retained by
WESTON to document the procurement.
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20. NOTICE OF REQUIRE!\1ENT FOR AFFIRMATIVE ACTION
20.1 The offeror's attention is called to the Equal Opportunity and Affirmative Action Requirements
for Construction Clauses of the Contract Forms.
20.2 The Contractor's compliance with Executive Order 11246, as amended, and the regulations in
4 I CFR 60-4 shall be based on (I) its implementation of the "Equal Opportunity" Clause, and
(2) specific affirmative action obligations required by the clause entitled, "Affirmative Action
Compliance Requirements for Construction."
20.3 The Contractor shall provide written notification to the Director, Office of Federal Contract
Compliance Programs, within ten ( I 0) 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:
20.4
21.
a.
b.
C.
Name, address, and telephone number of the Subcontractor;
Employer's identification number of the Subcontractor;
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.
As used in this Notice, and in any Subcontract resulting from this solicitation, the "covered
area" is Iredell County, North Carolina.
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. 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 basis. 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 ($10,000) dollars, which are not exempt from the
provisions of the Equal Opportunity clause.
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22. EXCEPTIONS
22. I 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 tenns and conditions
essentially different from the enclosed WESTON terms and conditions may render the bid
unacceptable.
23. DAVIS-BACON ACTS
23.1 The wage determination (General Decision No. NC 990009, Dated 3/12/99) 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. Neither WESTON nor the
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 such 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
second-tier subcontract to ensure that WESTON and the Contractor have the right to inspect
wage and fiinge benefit payment data and to verify the accuracy of this data by interviewing .
employees. The payment of the proper Davis-Bacon specified wages and fiinge 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.
24. FALSE STATEMENTS IN OFFERS
24.1 Offerors must provide full, accurate, and complete information as required by this solicitation
and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S. C. ·
1001.
25. PERFORMANCE AND PAYMENT BONDS
25.1 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.
~JOR/K \WP\044001057\BIDRPM01.00C A-12 3199
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26. SUBCONTRACTING PLAN
26. I 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.
26.2 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.
27. CERTIFIED COST OR PRICING DATA
27.1 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.
27.2 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.
NOR/K IWPl0440010571810RPM01.DOC A-13 3/99
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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 on , hereby submits this
bid to perfonn soil remediation at the FCX-Statesville 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 150
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 Corporate Seal
NO RIK:IW P\04400\057\BIOR PM01. DOC A-14 3/99
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FCX STATESVILLE
BlD SCHEDULE FORM
(TO BE COMPLETED AND SUBMITTED AS PART OF THE BID PACKAGE)
Item Units Quantity {I> Unit Price Total Cost Dcscri11tion of Work Item
I Lump NIA Install indirectly heated thennal
Sum desorption system with the BCD
process.
la Lump NIA Install indirectly heated thermal
Sum desorption system.
2 Cubic 5,742 ICY Utilize indirectly heated thennal
Yards desorption system with BCD to
remediatc soil.
2a Cubic 5,742 ICY Utilize indirectly heated thermal
Yards desorption system to remediatc soil.
3 Cubic 5,742 ICY Stage remediated soil in the lower
Yards warehouse area.
4 Lump NIA Removal of thermal desorption system.
Sum
( I) Quantities shown for unit priced items arc estimated only and the respective unit price will prevail in the event
of an ovcrrnn or underrnn. See applicable specification for description of measurement and payment for each
unit price item.
(2) OfTeror should complete items I and 2 !,!I la and 2a as appropriate.
~JOR/K:\WP\04400\057\BIDRPM01 .DOC A-15 "'"
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NORIK: IWP\04400\05 7'8IDRPMO 1. DOC
DA VIS-BACON
SPECIFIED WAGES
A-I 3199
MAR-24-SS 13:20 wt Document Rttriev:,J
FROM,EPA CQNTRACT 1O:-¼IJ<¼ 562 8370
hnp:i.-ncp;,ur.c.fedworld.gov,cg1.n1 ... .:'.1 f"'! 1..:, ...,.,J-1, ,_, •
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·,:';~N=.::<..~.:... DECISIOt-".: NC99J-':;'.::·3 (<j/ 12/99 NC9
G,:neral :Je,::i.sio:: Nur:~e:c NC99JOC ~
State: North Carolin.a
C:0:1.str:J.ctio:-, :y;;e:
J-IEAV;!
Cci.:.r:ty{ies;;
S,~.TEW:::,:
SE~•:EF ;:._l\~ wr.T2? ::ONSTi~.r.:c.rrot~ ?~OJECTS ;..ND E:E.AVY CONS'IR;:cr:C!'-!
??.-:)JECiS (e~{c:1.:dir.g D;:r. cvnstr:uct.ior-. proje-ccs).
~-~od.:.!ica-::.o!"! L\cr.i~er
C
?·..:lJl.:..::ation Cat..s
03/12/1999
CC:,uNT:" (~-es):
S"T P~'!E~·J"! DE
BOI~EN...,lAK:::'.F.S:
Storage Ta;-;.k ::rect.ion/Re:;:c..:.r
All J-c:-'.er ~-10::-¼:
3RiC: .. :w~:!ERS
c.::..J<p:::::,iTSRS
CEl'.lE~'l' MASONS /F:KISH::'.R5
E:..:::c::-IG.CI~NS
FENCE EREC':',:•RS
: RC,~;•JOR..l<E~.S
LAB:l?.EP.S:
Vr.skil:..~=
;._:.r D~ill Operate!:'
.i:..sphalt Rai<ers
?i.;:,~la:/ers
Mh.N~OLE SVIL~ERS
~-'.:IL:.t·:~IGHTS
?A:t-:n:RS
?LUMBERS & PI?E:E'I'I'!ERS
POWER EQUIPM:CJ.lT (;?ERAT0"-5:
Asp~al: ~~s~ributo=
Asphal: ~~~,~r~~
Asphalt L?ave:r:
rts?t.a.lt Screed
3ac:.:..'1oe
2.-.:.::-ing Mcl:d:.:..ne-
31.:lldozer
C::-ane
C:::-ac:li:;.e
J~ii.:.
:.oac!.er:
Mecta:-:i:;
Mcco::-Grader
?..ol l~=-
2c:::aper, Pc.:1
-=-=a:::::.or
T:::-enching
Ne2.l JriU .. crs
??,UC:< DRI'-/ZRS
TV & GROV;;'n.;G TE:Ci-H•J! C: Ah'S
i2.96
16.20
7.23
6.63
15.11
2.36
5 .15
C.20
5.15
5.'.,2
-1 -:,,_:,
5.17
5.81
5 .. 27
1.:2
7.42
:, . 77
5. 6:}
5.69
5.69
6.40
5.65
5.96
I. 60
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7. 23
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4.:cs
4.1C5
PAGE l / 3
03/19/99 15:12:21
MAR-24-gg 13,21 \Vt Document Retri,:vJ.I
FROM,EPA CONTRACT ID: '-104. 56:2 8370
bttp:'/ne;.,Lune;:.leCwcni:.~\)\•t;g1•G1. .. .:,1•1.:. '"1""', .,, . .,,. ..... _
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WSLD;Rs -~11:::ei•:e ::-a::e p::::-~scr:.bed f0r ::raft pe:rf◊r:t1.i!'.~ c .. ?e:--a:.ion
to whi~h ~eldi~g is incid~~tal.
;Jnliste classifications needed for ~·-:,r~ no:. inc.:..:..:de.:! withi:"1 the
scope o the cJ.assi :'.icatio:15 :..isi:ed rta'.!'· b-e aC.deci 2.fte.: awa:::d only
as pres.-dad :..r. t.1".e labo:r stE..::d:irds co:'l.tr2.ct clauses
{29 en. 3.5(a)(1)1:v)J.
'tiA~:; D:STER.'1INATION itP?EALS ?F-OCESS
1.) :ia~ t.b.e!'"e ~een an i:1.itial decisio:.; i~ the (t'.atter? This can
~e:
.;.::: €Xisti.r.g p--,:::;-l.:.!hed wag-2 dete:::-:ni:iat.:..on
.. a s-:.;.·-.:ey u:1d<::rl.:r•i~g a wage C.e:.e::-mi~atior.
.,,. 2. Wage and Hou:: oi~.rision letter setting fo!'th a
posi:ion ~~ a ~age determi~atio~ ~at~2r
.~ :::o:;f.:,ITna!'.C:~ (add:..tion2.l c::..ass:fica~io~ and rate)
::-:.1li:-i~
O!"l si:..:-7ey =2lated ma:tte.:s, initial ccntG!ct, i.ncl1:.C:..ng req-.;e::its
for sum.'llar:8s of s·.1rveys, sr.o,.ilO be with the v:age an.::. :i6u~
?..egior~al Office £::;-i:: the area in whi::t-. the su;:-vey was cond1:.cted
bec~use ::::os~ ~eqional C.f::'ices ha"Ve =es:;::o~.sib~lit.'{ :'.:c= tf.e
D,3.·;is-Bac.on s·..1~t.·~y ;>rograr.,. ::'..:f the -:-espo:1se ::':err: ':.~is :.nit.ia2.
cc,n-::acc is :i.ot satis!:Qctory-, t:\er. the precess described. ir. 2.)
a'1.d ] . ; sho~ld :Oe =ollowed.
WiL~ ·::;-,;gar.;:i to a.::.y o-:t.er rr.a:ter no"':. y~t ri:;;-e fc!' :.he fc1r~al
pro-=ess desc;-i.bed here, ir.i ~ic.i CO:"!taCt should be wi.,:.!'. tr.e Brar.c:t
cf ·::::cnst:n . .:ct.:.•Jn 1·:a;a Dat.Sr.!l.ina.-::io:-,s. t-;;::-ite co:
B.r~:1ch of Const.r:..:._ct.:..0:1 '.lai;.e D~te::T.1!:'l-=.tions
t:age a::1.C E::mr Civis.ior.
U. S. Der,artrrier. t of 1a:-:-o:.-
2C0 Cc~sti:-:.Jt:.o:-: h,e:u.?, t~. t:.
Y]ss:-:i:-.g:.c.:1, D. C. 20210
2.~ If t~e a~S\,er tc the ~~escio~ in 1.} is yes, tten an
ir.terested party :thos= a!fected by c~e actio~} ca~ req~es:
re•,tiew a=:d :reccr.si::ie:-a::.on :f~on tte W~ge a::-:d P..ou~ Ad...i,ir.is"':::'.'9.:.·.::::-
(See 29 CFR ?art 1.8 and ·29 CFR P~=t 7}. ~rite to:
Wage a:iC: Eou=-A:::irr.i::1.:.st::a~or-
U.S. Depa=t:r.~:1t: ~£ Labc-r
20C Ccr.sti ti..:.:.ion A\·enue, 1~. ~,J.
~·as:)::.r.:;tor., D. c. 2C210
..:.nterested pa::::ty's posit.ior: a!1d by a:1.y ::.r..fo=:r:atior. (wage ?a~i.-:er,::
data, p::ojec:; d~scri?tic:-1, a~•ea ;;·=act.ice m.a':.eria:., etc.) t:tat -:.b.e
~~~~es~or co~side=s ~eleva~t tc the issue.
3.) If t;".s d-ecisi::.•r: · of the Ad.'":'li::iis:~ato.!" is r.o~ .:avora:J.:.e, a:1
.::.:-1':'='rested part~.: ::,ay ap;:,e&l di:::ec':ly to t:-1e Adir,.:..r-.istrati•:fl Rev:.e,.v
Boarci (:::o:--:r.erly t:",e t·J.;;.ge ~~peals Boa!'•:::ij. W:::-ite :.o:
_.:.._d.roi:.istrative Revi-2w 3o.a~d
C'. S. Je?c=t:n~:1.t. of Labo.r
20C Co:1s.::itu-:-:ion l-nent..:.e, ?-:. !.ii.
Wa5:1..i~9:on, ~-c. 2021·J
PAGE 2/3
03/19/99 [5:12:21
MA~-z~-~~ i3,~1 ~ROM•EPA CDNTRAC'f
\\luS·Documen: .Retrieval
lO,q04 562 8370 PAGE
http::/ncpwn.:.:.reJ,,i.·orll.1.g0v:cgI-nt. .. .::; r., t.;:,; -fl/'' ·, • '.•, v~, ,., ............. ,., ..
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4., All d~cisi:;.:--~s by tr'.e ;.drr.i:1i5t:-.2.ti•:e Re·,;iew :2c::!rC. a:-e fi:1a:..
END o:: GENERAL C:ECISIOK
3/3
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SECTIONB
GENERAL CONDITIONS
OF THE CONTRACT
MQR/K. IWP\04400105 T\BIOR PMO 1. DOC 3199
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CONTRACT
between
CONTRACTOR
and
ROY F. 'WESTON, INC .
Contract No. ____________ _
Date: ______________ _
Prime Contract: ___________ _
DPAS Rating: __ _:_ ________ _
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CONTRACT
TABLE OF CONTEi'iTS
CONTRACT CLAUSES ......................................................................................... I
Article I
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article IO
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
Applicable Documents ................................................................ I
Application of Federal Acquisition Regulation (FAR) .......................... 2
Type of Contract. ...................................................................... 2
Effective Date .......................................................................... 2
Order of Precedence .................................................................. 2
Period of Perfonnance ................................................................ 2
Statement of Work .................................................................... 3
Compensation .......................................................................... 3
Governing Law ........................................................................ 3
Authorized Representatives .......................................................... 3
Insurance ................................................................................ 5
Waiver .................................................................................. 7
Perfonnance and Payment Bonds ................................................... 7
Liens ..................................................................................... 8.
Warranty of Perfom1ance ............................................................ 9
Standard of Care ....................................................................... 9
Inspection of Services ................................................................. 9
Indemnification ...................................................................... IO
Warranty of Supplies and Workmanship ........................................ 11
Independent Contractor ............................................................. 11
Health and Safety .................................................................... 12
Confidentiality ....................................................................... 12
Tennination .......................................................................... 13
Disputes ............................................................................... 14
Changes ............................................................................... 14
Liquidated Damages ................................................................ 14
Pennits ................................................................................ 15
Scheduling and Delay ............................................................... l 6
Notice of L1bor Disputes ........................................................... I 6
Non-Discrimination in Employment ............................................. 17
Social Security and Wage Tax Liability ......................................... 17
Fair Labor Standards Act and Service Contract Act ........................... 18
Severability ........................................................................... 18
Data Rights ........................................................................... 18
Release of Liens and All Claims .................................................. I 8
Assignment ........................................................................... 19
Set-Off ................................................................................ 19
Sales and Use Tax ................................................................. 19
Entire Agreement. ................................................................... I 9
IIOR/l< l'/IP\044001057\CTRP.',!001.00C OJ/98
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CONTRACT CLAUSES
THIS CONTRACT, made this_ day of ______ 1999 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 Ill
support of ______________ _
AND, WHEREu,S, WESTON desires and CONTRACTOR agrees to provide services as a
CONTRACTOR to WESTON in perfonnance of the aforementioned
_________ Contract;
NOW TREREFORE, in and for consideration of the mutual promises contained herein, WESTON
and CONTRACTOR do hereby agree as foUows.
ARTICLE 1 -APPLICABLE DOCUMENTS
Section A -Instrnctions to Offerers
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
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ARTICLE 2 -APPLICATION OF FEDERAL ACQUISITION
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, constmction 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 elate of this contract shall be the elate that it is bi-laterally executed, which is the elate
the second party has signed the agreement.
ARTICLE 5 -ORDER OF PRECEDENCE
In the event of an inconsistency or ambiguity between the documents comprising th.is 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. WESTON Instmctions to Offerors
ARTICLE 6 -PERIOD OF PERFORMANCE
1l1e period of perfonnance of this Contract shall be frorn the effective elate of the Contract through
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the completion of all required Items or through the end of period perfonnance or tennination of
WESTON's Response Action Contract (RAC) Contract with U.S. EPA, whichever comes first,
unless otherwise modified or tenninated 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
Section C, "Statement of Work."
ARTICLE 8 -COMPENSATION
Compensation, shall be in accordance with Section D attached hereto and forming 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. TI1e 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
TI1e 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:
B-3 01/99
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CONTRACTOR
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I WESTON
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and
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'<',>!• ·' ~~• ~• ,.1Q1 ,H'\r;7,~w~e,1. :.,,,: B-4 01/99
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ARTICLE 11 -INSURANCE
A. CONTRACTOR shall, at its own cost and expense, purchase and maintain, tl1roughout the
perfonnance of this contract, the minimum types and limits of insurance set 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 perfonnance of the 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 Tennination under Article 24 of this
contract.
I. Commercial General Liability (occurrence basis): ISO Policy Fonn 1988 or
equivalent. LIMITS: SI ,000,000 per occurrence; S2,000,000 general aggregate;
and S2,000,000 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 perfonnance of the
Work. LTivIITS: SI ,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
,,.~,1-.•?\J•••J01~\1,,;r,.~,-:::.:;,·,: 8-5 01/99
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Occupational Disease. LIMITS: Statutory Worker's Compensation and $1,000,000
Employers' Liability, including Stop Gap Coverage (for work perfonned in
Monopolistic Fune! States).
4. Excess (Umbrella Fonn) 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.
5. Professional Liability (claims-made basis): provide coverage for CONTRACTOR' s
negligent acts, errors and omissions arising out of the performance 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, 111 favor of WESTON, all rights of
subrogation or rights of recovery that may otherwise be available to each of them.
CONTRACTOR shall provide WESTON, pnor to the commencement of the Work
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hereunder, a Certificate(s) of Insurance evidencing coverage as required by this Article 12.
The Certificates (s) of Insurance 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 of 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., I Weston Way, West Chester, PA 19380,
Attn: Contracts Department.
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 perfonnance by CONTRACTOR
of any of the tem1s, conditions or provisions of this Contract shall not be deemed a waiver by
\VESTON of any such tenns, conditions or provisions or the observance or perfom1ance 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 tenns hereof.
ARTICLE 13 -PERFORMA.i~CE AND PAYMENT BONDS
CONTRACTOR shall furnish Perfonnance and Payment bonds each in an amount equal to the
·;-,,,.,,,.~,oHr,01~\,,,:7,,_-~-.:.:,-,..; 8-7 01/99
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Contract price, without options, as security for the faithful perfonnance 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 L1w or
regulation. The CONTRACTOR is not authorized to proceed with any work until the applicable
bonds have been received.
ARTICLE 14 -LIENS
If any lower tier Contractor, laborer, or materials supplier 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.
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ARTICLE 15 -WARRANTY OF PERFORlVIA.t~CE
CONTRACTOR warrants to WESTON that it possesses the expertise, capability, equipment and
personnel to properly and professionally perfonn 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
performance of such services comply with all applicable laws, ordinances and regulations and shall
perfom1 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.
ARTICLE 16 -ST AND ARD OF CARE
In providing services of any kind or nan1re 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 performance of services.
(b) T11e 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 shaU be maintained and made available to WESTON during
contract perfonnance 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
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inspection and tests in a manner that wi!l not unduly delay the work.
(d) If any of the services do not confonn with Contract requirements, WESTON may
require the CONTRACTOR to perfonn the services again in confonnity with Contract
requirements, at no increase in Contract amount. When the defects in services cannot be corrected
by reperfonnance, WESTON may (1) require the CONTRACTOR to take necessary action to
ensure that future perfom1ance confom1s 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 confonnity with Contract requirements, WESTON
may (l) by contract or otherwise, perfom1 the services and charge to the CONTRACTOR any cost
incurred by WESTON that is directly related to the perfom1ance of such service or (2) tenninate
the Contract for default in accordance with Provisions of this Contract.
ARTICLE 18 -INDEMNJFICATION
CONTRACTOR sha!l indemnify, defend and save hannless 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 clain1s, 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
perfonnance hereunder.
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ARTICLE 19 -W ARRA.t'ITY OF SUPPLIES AND WORKlvlAJ~SHIP
The CONTRACTOR warrants that for the duration of the project, all supplies furnished and work
perfonned under this Contract will be free from defects in material and worh.,nanship and will
confonn 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
t_o 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.
CONTRACTOR further agrees that the standard commercial equipment furnished under this
Contract 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
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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 perfom1ance of this Contract. The
CONTRACTOR shaU, 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 weU as property for the duration of the services performed hereunder.
CONTRACTOR shall comply with all applicable federal, state, 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. CONTRACTOR shall
develop and maintain for the duration of this Contract, a health and safety program that will
effectively incorporate and implement all required safety provisions including, but not limited to,
provisions of the Site Health & Safety Plan. UNFAMII.lARITY WITII TI!E
AFOREMENTIONED SAFETY PROVISIONS SHALL NOT RELIEVE TI!E CONTRACTOR
FROM COivIPLIANCE WITH TI!E OBLIGATIONS At'\/D PENALTIES SET FORTH
THEREii~.
ARTICLE 22 -CONFIDENTIALITY
Confidential or proprietary infonnation 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 infonnation 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.
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ARTICLE 23 -TERJ\1JNATION
A. TERNilNATION FOR COi'iVEt'\'IENCE -WESTON may, at any time, tenninate 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 tem1s of this contract for all services rendered
and accepted by WESTON through the date of tennination, including reasonable and supportable
tem1ination costs. WESTON shall not be obligated to pay CONTRACTOR any other costs related
to losses, damages or expenses, including prospective profits for services not performed, arising out
of or related to such tennination.
B. TERivilNATION FOR DEFAULT -If CONTRACTOR defaults in the perfonnance 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 tem1s of this Contract. In any such event WESTON may terminate
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
tennination.
C. NOTICE OF TER.tvilNATION -WESTON shall provide a written Notice of Temunation and
CONTRACTOR shall proceed with the direction contained therein, and shall transmit to WESTON
all records related to the CONTRACTOR's perfom1ance thereunder, including but not limited to,
samples, field data, laboratory data, analysis, tests, calculations, notes and results.
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ARTICLE 24 -DISPUTES
Any dispute arising under this Contract, including disputes under tennination, not settled by
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. TI1e rights of WESTON and the
obligations of CONTRACTOR shall survive completion of perfonnance in accordance with the
provisions of this Contract and final payment hereunder.
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 shaU be made in writing within ten (10) days of issuance of a change notice from
WESTON. Failure to provide such written claim shaU constitute a waiver of such claim for
adjustment. Failure to reach mun1al agreement regarding such adjustments hereunder shaU
constitute a dispute to be resolved under Article 25 of these General Provisions. However, nothing
in this clause shaU excuse the CONTRACTOR from proceeding with the Contract as changed.
If the CONTRACTOR wishes to make a claim for an increase in the contract sum or extension of
time due to a changed condition, he shall give WESTON written notice within 10 clays after he has
discovered or believes a changed condition exists.
ARTICLE 26 -LIQUIDATED DAMAGES
Should the work under this Contract to be perfonned by the CONTRACTOR not
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be fully
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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 contractor(s) or 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 ljquidated 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 27 -PERMITS
CONTRACTOR is responsible to investigate any and all local, state, and federal pennits or
regulatory requirements associated with the Contractor's perfonnance of this work. The Contractor
shall also obtain all pennits and licenses and pay all fees and charges necessary for the perfonnance
of CONTRACTOR' s services under this Contract.
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ARTICLE 28 -SCHEDULING AND DELAY
It is agreed that time is of the essence in the perfonnance of this Contract. CONTRACTOR shall
cooperate with WESTON in scheduling and perfonning the CONTRACTOR's work to 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, in whole or in part, the comn,1encernent or execution of CONTRACTOR's work, or
to vary the sequence thereof. 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. If there is an impact in cost due to any of the aforementioned delays for which
CONTRACTOR is not responsible, such cost shall be subject to renegotiation among WESTON,
WESTON's client, and CONTRACTOR
ARTICLE 29 -NOTICE OF LABOR DISPUTES
In the event that the timely perfom1ance 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. CON1R<\CTOR shall insert the
substance of this provision in all purchase orders and lower tier contracts issued hereunder.
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ARTICLE 30 -NON-DISCR.Th1INATION IN EMPLOY!VIENT
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
national origin. CONTRACTOR shall abide by provisions of all applicable governmental laws ancl
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 ancl 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; ancl
regulations regarding Women-owned Business Concerns.
ARTICLE 31 -SOCIAL SECURITY AND WAGE TAX LIABILITY
With respect to all persons at any time employed by, or on the payroll of the CONTRACTOR in
performing 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 any state or political subdivision thereof,
however the same be measured. CONTRACTOR shall furnish WESTON such payroll and
employment infonnation as WESTON may require to show compliance with the above obligation.
lf WESTON shall be required by law to pay any contribution, tax or penalty because of
CONTRACTOR'S failure to furnish the aforesaid infonnation, CONTRACTOR shall forthwith
reimburse WESTON for the entire amount so paid.
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ARTICLE 32 -FAIR LABOR STANDARDS AND DA VIS-BACON
ACT
CONTRACTOR warrants, in connection with the services provided hereunder, its compliance with
all appljcable requirements of the Fair Labor Standards Act and/or the Davis-Bacon Act, as
amended, and of regulations and orders of the United States Department of Labor issued
thereunder.
ARTICLE 33 -SEVERABILITY
Any provision or part thereof of this Contract held 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 refonn or replace such stricken provision or part thereof
with a vaJjd and enforceable provision which expresses the intent of the stricken provision.
ARTICLE 34 -DATA RIGHTS
CONTRACTOR agrees that aU discoveries, inventions, and data related thereto that are conceived
of, either jointly with others or independently, in connection with the services perfom1ed hereunder
is the property of WESTON and shaU be provided to WESTON without restrictions.
ARTICLE 35 -RELEASE OF LIENS AND ALL CLA.ThtIS
WESTON shall require CONTRACTOR to provide a Release of Liens and All Claims along with
the Application for Final Payment of services perfonned hereunder (Section E) prior to release of
the final payment by WESTON. Contractor shall also provide a Release of Liens and Claims prior
to any transfer of title to the U.S. Government for the remediation and monitoring systems.
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ARTICLE 36 -ASSIGNMENT
This Contract may not be assigned by CONTRACTOR, either in whole or in part, without the
prior written consent of WESTON.
ARTICLE 37 -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 38 -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 appl.icable to services provided hereunder. CONTRACTOR
will provide a certification (Section E) 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.
ARTICLE 39 -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 an1ended, _by a written
instrnment executed by both parties, except as may be otherwise provided herein.
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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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SECTIONC
STATEMENT OF WORK
NQRf.<;: IWP\044001057\BIORPMO 1. DOC 3199
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REVISION 4
REMEDIAL ACTION STATEMENT OF WORK
FCX-STATESVILLE SUPERFUND SITE -OU2
STATESVILLE, IREDELL COUNTY, NORTH CAROLINA
MARCH 1999
Prepared for:
U.S. Environmental Protection Agency
Superfund Agency
Region V
77 West Jackson Boulevard
Chicago, Illinois 60604
This document was prepared by WESTON in accordance with the terms of the U.S. EPA Region V
Contract No. 68-W7-0026, and contains Confidential Business Information.
Work Assignment No. 025-RARA-048M Document Control No. 4400-57-AIDJ
This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be released or disclosed in whole or in part
without the express written permission of EPA.
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Prepared and
Approved by:
REVISION 4
REMEDIAL ACTION STATEMENT OF WORK
FCX-STATESVILLE SUPERFUND SITE-OU2
STATESVILLE, IREDELL COUNTY, NORTH CAROLINA
U.S. EPA Contract No. 68-W7-0026
Work Assignment No. 025-RARA-048M
Document Control No. 4400-57-AIDJ
Ralph P. McKecn, P.E.
Site Manager
Date: --'""'3,:.J..£Lb:......LL-L..L,/7-L-'Z-
Approvedby ~ $-z:._
/4-~oii,e; Young 7
Technical Reviewer
./1
Approved by: -f<+/;f--"~¥--.L.<c~--L.nf-. G:_· ee_,__.~"-'-p-r-'?i,--"~=-:__--
ofl-Program Manager
Date: -"3-l-/);"'-v.L..,1,_b.:.....f /,__ __ I I
Ill This document was prepared by Roy F. Weston, Inc., expressly for EPA. It shall not be released or disclosed in whole or in part without the express
written permission of EPA.
NOR/K:\WP\04400\057\SOWRPMOl . DOC I
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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
1
2
3
TABLE OF CONTENTS
Title
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: Table or Contents
Revision: 4
Date: March 1999
Page
GENERAL INFORMATION ........................................................ 1-1
I. I
1.2
1.3
1.4
Definitions. .. ........................ 1-1
Project Objectives ...... . ........ 1-2
Overview of Contractor Services to be Provided .......... ............ 1-2
Responsibilities of Project Representative ........ . ....... 1-3
SITE DESCRIPTION ................................................................. 2-1
2.1
2.2
2.3
2.4
2.5
2.6
2.7
Site History ................................................................................ .
Summary of Pre-RI Investigations
Summary of Phase I and II RI and July 1993 Investigations .......
2.3.1
2.3.2
Findings of the Phase I RI Relating to Soil Contamination
Phase II RI Soil Results .............. .
July 1993 Supplemental Soil Sampling Results .........
TCLP Soil Sampling Results ............................ .
Description of the Selected Remedy ............ ..
. ... 2-1
.......... 2-3
.......... 2-3
.. 2-6
. ....... 2-6
.. .... 2-9
. ...... 2-10
. .... 2-10
EPA Excavation and Removal Activities .. .. ................. 2-13
Remedial Action for Operable Unit 1 ...... .. . .. 2-13
REQUIRED ACTMTIES ........................................................... 3-1
3.1
' 7 J.-
General Overview .......
Work Plan Preparation
3.2.1
3.2.2
' ? ' J.-. ..>
3.2.4
Regulatory Compliance and Permitting
System Design and Layout.. ...
Remedial Action Schedule.
Supplementary Plans ...
3.2.4.1
3.2.4.2
3.2.4.3
Health and Safety Plan ......
Quality Assurance Project Plan
Data Management Plan
............. 3-1
' ' ..... .)-.)
' ' ······j-j
... 3-4
····················3-4
·········· 3-5
....... 3-5
..... 3-6
...... 3-7
NOR/K:IWP\04400\057\SONRPM0l . DOC
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. Jt shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Section
4
3.3
3.4
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: Table of Contents
Revision: 4
Date: March 1999
TABLE OF CONTENTS (Continued)
3.2.4.4
3.2.4.5
Title
Pollution Control and MitigationPlan .... .
Waste Management Plan ..................................... .
Soil Remediation System ....... .
3.3.1 General Requirements ..
3.3.2 Performance Criteria and Remediation Goals ..... .
3 .3 .3 Installation and Cleanup .......................................... .
. ...... 3-7
········3-7
. .... 3-7
. ........ 3-7
. .. 3-8
·······3-9
Startup and Performance Demonstration ............................................ 3-10
3.4.1 As-Built Drawings ................................................ . . ......... 3-1 1
3.5 Operation and Maintenance .............. . . ... 3-11
3.6
3.7
3.8
3.5.1 Operation and Maintenance
3.5.2 Morntormg .................... .
3.5.3 Verification Sampling ................ .
System Removal and Soil Staging ..
Pre-Final/Final Inspection .............. .
Remedial Action Report ................. .
.... 3-12
. ... 3-12
. .... 3-13
..... 3-14
......... 3-14
.................................................. 3-14
SCHEDULE ............................................................................ .4-1
NOR/K. \WP\044001057\SQ\/'✓R PM01. DOC 11
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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
2-1
2-2
2-4
2-5
2-1
2-2
4-1
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: Table of Contents
Revision: 4
Date: March 1999
LIST OF FIGURES
Title
Site Location Map ............... .
Soil Sample Locations Exceeding Remediation Levels.
Phase I RI DDT Concentrations in Soils ..
Approximate Excavation Areas Based on Remediation Levels
LIST OF TABLES
Title
Summary of Investigations Prior to RI at FCS Statesville ...... .
Summary of Soil Volumes Based on Cleanup Goals.
Remedial Action Schedule ...
Page
..2-2
. ................. 2-5
..................... 2-7
.................. 2-11
. .... 2-4
. .... 2-12
. . .4-2
NOR/K: \WP\04400\057\SOWR PM01. DOC Ill
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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 I
GENERAL INFORMATION
I. I DEFINITIONS
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 1
Revision: 4
Date: March 1999
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
Performance Criteria -All local, state, and Federal performance level or standards that must be
met to satisfy the requirements of this contract.
Project Representative -Firm contracted by EPA to subcontract and oversee the remedial action.
Remediation Goals -Maximum soil concentrations allowed at the conclusion of the remedial
action.
Site -Area of soil contamination attributed to the FCX property.
NOR/K\WP\04400\057\SOWRPM01.DOC 1-1
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. II shall not be disclosed, in whole or in part, without the
express written permission of EPA.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 1
Revision: 4
Date: March 1999
1.2 PROJECT OBJECTIVES
Under this contract, the selected contractor shall design, install, and operate a soil remediation
system at the FCX-Statesville Superfund Site, located in Statesville, North Carolina, to meet all
applicable Federal, state, and local standards as well as the performance criteria as described herein,
and to achieve the remediation goals at the completion of the project.
The objective of the OU2 soil remediation project is to restore soil quality in the vicinity of the site
to the remedial goals provided herein. The Contractor shall configure and operate an indirectly
heated thermal desorption treatment system with off-gas condensation, collection, and treatment.
The system will be used to treat contaminated soil to meet the performance criteria.
1,3 OVERVTEW OF CONTRACTOR SERVICES TO BE PROVIDED
The contractor shall provide all services, equipment, and supplies necessary to perform soil
remediation as specified in the contract, including but not limited to:
L Prepare Work Plan for soil remedial action which shall include the system design
and layout, process flow diagram, P&ID, heat mass diagram, and material flow
sheet. The Work Plan shall include a remedial action schedule which meets the
requirements of this Statement of Work (SOW).
2. Revise Work Plan to address the Project Representative's comments.
3.
4.
5.
Obtain state and local approvals, licenses, and consents required for soil remedial
action.
Setup and operation of a thermal desorption system. Sampling of treated soil and
stack emissions to verify that treatment standards have been met.
Sizing, handling, decontamination, and disposal of any oversize debris encountered
that the Contractor cannot process through the treatment system.
NOR/K. \WP\044001057\SOWRPM01. DOC 1-2
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 1
Revision: 4
Date: March 1999
6. Submit as-built drawings and update as needed.
7. Collection, characterization, and disposal of any and all process residual material
including, but not limited to, carbon, condensate, water treatment media, and
particulate media.
8. Stage treated soil inside lower warehouse.
9.
10.
Remove equipment at the completion of remediation.
Site restoration including any treatment and/or disposal of any contamination of
surrounding areas resulting from the Contractor's treatment process and/or
remediation efforts.
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.
2
Conduct performance test program during startup of the treatment system.
Conduct soil verification sampling of treated soil prior to staging to confirm that soil
remediation goals have been achieved.
Approve achievement of performance criteria and remediation goals.
NOR/K: \WP\04400\057'SONRPM01. DOC 1-3
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. II sha!I not be disclosed, in whole or in part, without the
express written permission of EPA.
SECTION 2
SITE DESCRIPTION
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 2
Revision: 4
Date: March 1999
Note: For a detailed site history and characterization, refer to the appropriate sections of the Record
of Decision and Feasibility Study Report. These reports have been appended as part of this
solicitation package.
The FCX-Statesville (FCXS) Site 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 site, covering approximately 5.5 acres, 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 prefabricated utility shed retailer lot east of Phoenix Street.
2.1 SITE HISTORY
In 1966, approximately I 0,000 pounds of DDT, DOD, and possibly liquid chlordane were allegedly
buried in 2 adjacent trenches, approximately IO 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 backfilled 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.
NQR/K:IWP\04400\057\SOWRPMO 1. DOC 2-1
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5srTE LOCATION J\IIAP
FCX-STATESVILLE
CAROLINA STATESVILLE!. NORTH SCA E 124 000
} 0 l ""'~~ ~===~====================================
CO~llOUR l~lTERVAL 10 FEET
FJGURE 2-1
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 2
Revision: 4
Date: March 1999
During the site reconnaissance on February 12, I 99 I, conducted by U.S. 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.
2.2 SUMMARY OF PRE-RI INVESTIGATIONS
Various investigations were conducted prior to the RI by the North Carolina Department of Human
Resources (NCDHR), U.S EPA, and Fred C. Hart Associates for Southern States Cooperative, one-
time potential purchasers of the site. A summary of these investigations is presented in Table 2-1.
2.3 SUMMARY OF PHASE I AND II RI AND JULY 1993 INVESTIGATIONS
Subsequent investigations included the Phase I RI, Phase lI RI and the July 1993 supplemental Soil
Sampling, all of which were conducted by U.S. EPA Region IV hazardous waste section personnel
The results of these investigations are summarized in this section. The soil sample locations that
exceeded remediation levels are shown on Figure 2-2.
NQRIK: \WP\044001057\SOWR PM01 . DOC 2-3
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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 2-1
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: Section 2
Revision: 4
Date: March 1999
Summary of Investigations Prior to Rl at FCX Statesville
Investigations Findings
Fred C. Hart Assoc. Cltlordane. DDT, and olhcr pesticides in soil. Ganuna-BHC and olhcr
Febrnary 1986 pesticides in grow1dwa1er. Trichloronuoromelhane (TFM),
1richloroetl1ylene (TCE). and other volalile organic compounds (YOCs)
also found in ground\l,'aler. Groundwater data suspect due to lack of
QA/QC.
NCDHR Site Inspeclion VOC plume more extensive, witl1 chlorinated solvents in wells cast and
May 1986 west of U1c warehouse and in a deep well on Carnation property. Lindane
in MW-3. Fluorocarbons in upgradicnt well. Caprolacttun in all on-site
wells. Chlordane. DDT. and dieldrin in soil around warehouse and in
residential yard across street.
EPA Hazard Ranking System FCX scored 37.93 based solely on groundwater. Placed on NPL in
June I 988 February 1990.
EPA (WESTON-SPER) No evidence of pesticide burial observed in approximately 30 borings.
Emergency Response
Janwuy 1989
EPA (WESTON-SPER) All eight wells showed halocarbon contamination. ";tl, PCE
Emergency Response predominating. Highest halocarbon concentrations in deep well tvf\V-5D
August 1989 and slmllow well MW-I. TFM high in MW-~. Pesticides. pri1mrily BHC
isomers. in all wells except MW-o and MW-oD.
EPA (O.H. Materials) Halocarbon groW1dwater contamination in all eight wells. with PCE
Emergency Response predontinating. TFM ltigh in MW--1. Pesticides found in MW-I and MW-
Jammy 1990 3.
NUS Screening Sile Study included sampling of FCX Statesville wells MW-6 and MW-GD.
Inspection at Burlington Industries Toluene in MW-GD. Low levels ()-values) of other volatile componnds in
August 1990 each well.
t1QR/K.IWP\04400\057\SONRPM01.00C 2-4
-
0
--liliil f!!!!!I - - -- --liiiiil == !!!!!I --BURLINGTON INDUSTRIES
Aln'"'1.'f-1~1.'f+f-1'+H-1++t-H-H-H+I I : I I I I I 1-H-FFf;ft-H-l-l+t-H-i+H TT'~I I I : I trrrnrm mn I 11 l~~t-1-1 111 11 1111 H-1
(110.-,a.,, l-,~.-,o.,)
HAU ~t1•1 ~~\'l •►• mH-t i I I , 1 J I t,i 1 I I I I I \ o a a•►"
a a
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a a
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GRAPHIC SCALE -
80'
1" = 80 FEET
a a
a a
LOADING ARLA
224 0"010 (;PC)g CPOa 7 2.50 ,-,-,-,-,-,-,-•
(1110.-10,1) (1!~-10,J) X (-7,-110)
d~2~, • ,~30.,oi v •GPO& ,,.,
(-100,~J) CCIMCR£T£ PAD
a a
O 310
(11!5,ISO)
a a
0 "" (135,130)
"' a a a •a a • (115,tl0,J) "' • CPOO
311 • J12 • (10,IIJ,J)
(l,l,5,,IS0,1) (!I0,80.J)
"' (10,110,2) •
0 a a a 0 "" • (1.35,130,15) • J07
(i1,1J0,1!)
'" 0
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( 2,208,1)
WEST FRONT STREET
• 0 0
0
0
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(J W'lf-:50
0
m (-100,1~)>----~
0
0
jARf:A 11
= 1. AREAL EXTENT Of CONTAMINATION WAS ESTIMATED AS 1/2 THE DISTANCE TO THE NEXT CLEAN SAMPLE LOCATION.
2. (J0,90,10) niESE DESIGNATIONS DENOTE THE X.Y,Z COORDINATES Of THE LOCA TlON EXCEEDING CLEAN-UP GO,l.LS. X ANO Y ARE MEASURED FROM
THE NORTI-tEAST CORNER Of THE UPPER WARDiOUSE. THE Z COOROINA TE IS
THE DEPTH Of EXCAVATION REQUIRED.
FCX -
STATESVILLE,
STATESVILLE
NORTH CAROLINA
\
NOTES:
MW-1 CJ MONITOR 'HELLS.
GP01 -$ ANGLED BORING LOCATIONS.
HA13 $-HAND AUGER LOCATIONS.
204 •
310 0 (110,7)
111111
0
EPA REMEDIAL INVESTIGATION TEST LOCATION
EXCEEDING a...EAN-UP COAL
EPA REMEDIAL INVESTIGATION TEST LOCATION BELOW CLEAN-UP COAL
RAILROAD TRACKS.
EXISTING BUILDING COLUMN LOCATION.
160'
SOIL SAMPLING LOCATIONS
EXCEEDING REMEDIATION LEVELS
FIGURE 2-2
DRAWN:
M.B.S.
W.O. NO.:
04400-057-094-0004
CAO NAME:
SOILSAMP.DWG
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 2
Revision: 4
Date: March 1999
2.3.1 Findings of the Phase I RI Relating to Soil 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 soil contamination are
summarized in this section.
Contamination from DDT and its degradation products, ODD and ODE, was detected at FCXS. The
highest concentrations of contaminants were detected beneath the floor of the upper section of the
warehouse, in the general area where an in-ground pesticide mixing pit was located. Concentrations
of DDT as high as 830,000 micrograms per kilogram (µg/kg) were reported for this area. Figure 2-3
shows the DDT concentrations in the soil. ODD and DOE concentrations were lower than those
observed for DDT, and their respective distribution patterns were somewhat more restricted. The
highest concentrations were generally restricted to the upper two feet of soil, with only the highest
contaminated area containing contaminant concentrations as deep as four feet or greater.
Chlordane (and its constituents) and dieldrin were also detected in the soils but were not detected at
the levels observed for the DDT compounds, nor do they appear to be widespread. Only minor,
isolated occurrences of DDT compounds and chlordane were observed in samples collected from
off-site areas; therefore, off-site DDT contamination was not considered significant.
2.3.2 Phase II RI Soil Results
In June 1992, the U.S. EPA conducted Phase II RI sampling aimed primarily at locating the alleged
buried pesticide trench locations. During the investigation, 20 to 25 borings were drilled through the
warehouse floor. The following paragraphs summarize the results of this study.
NORIK: \WP\04400\057\SOWRPMO 1. DOC 2-6
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-
[ tMj COT CCt-lC:OHRATIOO (PPB}
0 150 300
SCALE FEET
FCX-STATESv1LLE
STA TESv1LLE, NORTH CAROLINA
PHASE 1 RI DDT CONCENTRATIONS
FIGURE ,1.-3
---
IN SOILS
--
BURLINGTON
!NDUSTR!ES
DRA\JN D.O.
CHECKED
--
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APPROVED
----
BASE MAP SOORCE: EPA SITE M>P IJ-IIE1J.4J
ATE
',/, O. NO.
04400-01 -02
DI.JG. NO, •
04400006
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 2
Revision: 4
Date: March 1999
Prior to Phase II sampling, soil pesticide contamination was primarily detected in on-site soils less
than 3 feet deep; however, DDT was detected below the FCXS building at a concentration of 3, I 00
µg/kg at a depth of6 to 6.5 feet (FS-318), and at 62 µg/kg at the 12 to 13 feet below ground surface
(bgs) interval (FS-307)
During the Phase II RI, five samples, including one duplicate, were analyzed for dioxin/furan
compounds. The samples from locations FS-307-SLA and FS-318-SLA, both located beneath the
building, contained the highest concentrations and greatest numbers of these compounds. At
location FS-307, where sampling was conducted at depths of Oto 12 inches and 60 to 72 inches, it
appears that dioxin/furan concentrations are greatly reduced with depth. The toxicity equivalent
quotient (TEQ) was reduced from an estimated 400 nanograms per kilogram (ng/kg) for surface
sample FS-307-SLA to 0.16 ng/kg from sample FS-307-SLB, collected from a depth of six feet.
A variety of semivolatile organic compounds (SVOCs) and volatile organics have also been
detected in soil, groundwater, surface water, and sediment in and around FCXS. The highest
concentrations of SVOCs have generally been detected in on-site soil samples from the surface to 3
feet deep. Pentachlorophenol (PCP) was detected at a concentration of 11,000,000 µg/kg (1.1%) in
sample FS-318, collected 3 feet below the building during the Phase II RI. Low-level SVOC
contamination has been found in other media.
VO Cs 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 perchloroethylene (PCE).
NORIK'\WP\04400\057\SOWRPM01 DOC 2-8
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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.
2.3.3 .July 1993 Supplemental Soil Sampling Results
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 2
Revision: 4
Date: March 1999
In July 1993, additional soil samples were collected by the U.S. EPA Region IV hazardous waste
section personnel from the FCXS site. The purpose of these samples was to "fi.trther delineate the
horizontal and vertical contaminant patterns of selected pesticides and pentachlorophenol, and to
provide additional characterization of dioxin/fi.tran concentrations and distributions across the site."
Sixteen locations were sampled and analyzed for extractable organic compounds and
pesticides/PCBs. Nineteen locations were sampled and analyzed for dioxins/fi.trans.
Pentachlorophenol, the primary extractable organic of concern in this study, was confirmed in only
one location, FS-307, beneath the building at a depth of 24 ft. bgs. Other extractable organics were
detected in the deep sample collected from location FS-226; however, these data were rejected
based on quality control problems.
Pesticides were detected in both deep and shallow samples collected at locations FS-226, FS-302,
FS-307, FS-317, and FS-324. The presence and concentrations of these pesticides conforms with
the historical layout of the buildings at the property.
Dioxin and/or fi.tran compounds were detected in all soil samples except the deep samples collected
from locations FS-262 and FS-315. The most common dioxin/fi.tran compound detected, and at the
highest concentrations, was octachlorodibenzodioxin. No sample analyzed for dioxin was found to
have a toxicity equivalent quotient (TEQ) greater than 1,000 nanogram per kilogram (ng/kg or
I µgikg). Approximately 85 percent of the samples showed TEQ values less than IO ng/kg (0.0 I
µg/kg).
NOR/K.\WP\04400\057\S<:J.IVRPM01 DOC 2-9
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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.
2.4 TCLP SOIL SAMPLING RES UL TS
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 2
Revision: 4
Date: March 1999
Soil samples were collected and analyzed in April 1995 for both total and TCLP analyses of
pesticide/PCB, purgeable organics, extractable organics, and metals. The purpose of this sampling
event was to determine the status of the material as a RCRA characteristic waste. The samples were
collected from existing boreholes through the warehouse foundation. The boreholes selected were
those exhibiting the highest contaminant levels observed during the Phase I and 11 Remedial
Investigations. The results of these tests concluded that no toxicity characteristic constituents
leached concentrations above regulatory levels.
2.5 DESCRIPTION OF THE SELECTED REMEDY
The surface and subsurface soil at the FCXS site is contaminated with pesticide residuals including
DOD, DDT, ODE, gamma-BHC (Lindane), endrin, dieldrin, and chlordane and pentachlorophenol
(PCP). Soil remediation goals for total pesticides was selected a I milligram per kilogram (mg/kg)
which is typical background levels found at similar sites in North Carolina. This level was provided
by the State of North Carolina Superfund Section. The PCP remediation goal is 3.2 mg/kg which
represents the 10-6 risk level for the site as determined by the EPA risk assessment.
The selected remedy as specified in the Record of Decision for soil contamination consists of:
• Demolition of the existing buildings and removal of demolition rubble to an appropriate
disposal facility;
• The excavation of an estimated 5,742 yds3 of contaminated soil with total pesticides
concentrations above I part per million (ppm) and PCP above 3.2 ppm and stockpiled on-
site in a manner which minimizes dust emissions and runoff. Figure 2-4 presents the
estimated areal extent of contamination based upon remediation levels; Table 2-2
indicates the assumed depth of contamination and the associated volume estimate;
• Excavation of trenches in areas suspected to contain buried pesticides;
NORIK \WP\04400\057\SOvVRP M01. DOC 2-10
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\
0
- -
0
0
GRAPHIC SCALE
80'
1" = 80 FEET
-- -
0 0 0 0
l!!!tI:ll
0 0 0
"""" ·"""""'
LO...o.,iC AA£,I,
j.W:A I j
160'
- ----- -
lliii
BURLINGTON INDUSTRIES
"' (-100.~,J) CONCRETE PAD
• "'°'
.....
0
Q 1,1-12
0 (-2l1.105)
0 0
J2J (-100,105),'----o
0
·-:;---,1=~--'-----~~-~------<o ~--2
"'=-~ll:ct> O ~-,
cm,._,, 0 D ,,£)
g
Q l,IW-J WW-~ Cl
WEST FRONT STREET
= 1. AREAL EXTENT Of CONTAMINATION WAS ESTIMATED AS 1/2 niE DISTANCE
TO THE NEXT a..(AN SAMPLE LOCATION.
2. (30,90,10) THESE DESIGNATIONS DENOTE THE X,Y,Z COORDINATES Of TI-iE
LOCATION EXCEEDING CLEAN-UP GOALS. X AND Y ARE f.lEASURED FROM
THE NORlHEAST CORNER Of lHE UPPER WAREHOUSE. lHE Z COORDINATE 1S ll-lE DEPTH OF EXCAVATION REQUIRED.
FCX
STATESVILLE,
ST A TESVI LLE
NORTH CAROLINA
APPROXIMATE EXCAVATION AREAS
BASED ON REMEDIATION LEVELS DRAWN:
M.B.S.
FIGURE 2-4
iiii liiiiil ==
NOTES:
t.lW-1 (l
,-,-•-•7
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E51ll,IA TED AREAL txIDH Of REOVIRED Ro.tIDIA TICK • stE NOTE I.
MONll~ 'wU..LS.
GPOl • ,vm.lD B~IHC LOCATIONS.
HA1J ♦ HANO ,'JJCER LOCATIONS.
204 e
310 0 (110,7)
+++t-
RW\ •
0
•
EPA REMEDIJJ.. IH\IESTIGATION TEST LOCATION
EXCODING Cl.£AN-UP GOAL
EPA REMEDIAL IH\o£STIGA TION TEST LOCATION
BEl.0'11' Cl.£AN-UP 00"1...
RAILROAD TRAO:S.
GROUHOWATER RECO'vi:RY Ml.LS.
EXISTING 8UII.DINC CCUJMH LOCATION.
TROICH COHtRUNE.
f>floPOS(D -.OUOCA TlON SAI.IPUHG LOCA TICN.
W.O. NO.:
04400-057-094-0004
CAD NAME:
EXCAVAT.DWG
I
ESTIMATED SOIL VOLUMES
FCX -STATESVILLE (OPERABLE UNIT 2)
I
Estimated soil volumes based on cleanup goals as follows:
I) Total Pesticides > 1 mg/kg
2) Pentachlorophcnol (PCP) > 3.2 mg/kg in top one foot
D Sample Depth of Ct1111ami11am t\ssu1neiJ Assu111ed Volume (Cubic Yards}
l.1lC:tti1111 S;ul\pk (fl} (co11centn1tion -mg/kg) Dt.:pth (fc.) arc:d c.xtem
I FS-104 ()" -(," Pesticides (8.77) PCP CU) !.O 50' X 50' 92.(1
FS-205 ()" -()" Pesticidi.:s ((i.2S)
I 14''-3()" Pesricilks { l{)..42) 3.0 50' X 50' 277.8
FS-210 0"-12" Pi;:sticides (3Ji3) 1.0 50'X 50' 92.(i
I FS-224 0"-12" Pcs1icides (3.7(1) 1.0 50' X 50' 92.(i
FS-2:!5 ()" -(1" PesticiLles ( W.42) 1.0 50' X 50' 92.(1
I FS-22(1 ()".]2" Pi;:sticitks (3(!.>0)
24"-3(>" Pestit:ilks ( U5J10) 3.0 50' X 50' 277.8
FS-22S ()" -()" Pesticides (9.18) 1.0 50' X 50' 92.(,
I FS-302 -1-2"-4.S" Pesticides ( I 72.0)
72"-78" Pcstii.:idcs (2.()\)) 7.0 50' X 50' (>-tS. I
I FS-JO(i 0"-42" Pcscii.:idcs (7.2) (i.(} 50' X 50' 555.(i
FS-307 0"'-72" Pcscii.:idcs (2-4.SI) PCP (270.0l (,.o 50' X 50' 555.(1
I FS-311 ()" -(1" Pc~tii.:iJcs (3.3) 1.0 50' X 50' 1)2.(,
FS-312 (i" -12" Pc.~tii.: ides ( I ! (1. Sl PCP 112.0)
I 2-t"-3(1" Pcscii.:iLb (2.17) PCP (7.(i} J.O 50' X 50' 277.S
FS-J I 7 ()"' -(1" Pcstii.:iJcs ( I %.0) PCP (17.0l
IOS"-114" Pcs1ii.:iJcs (2.3) 1().() so· x 50' l)2(,.()
I FS-Jl:-: ()" -(1'" !'csrii.:idcs (-41).0)
12"-18" Pcstii.:idcs (57.0) PCP (12.0) 2.0 50· x so· IRS. I
I FS-J\I) ()" -(1 ., Pc.~cii.:ir.b (18-U)) PCl'(\5.0l
12··-1 (i" Pcscii.:idcs (SJO.Ol PCP (-+20.0) J.O 50' X :iO' 277.S
I FS-.'2-t (ff-72" Pcscii.:itb ( 11.SSl (i.() 50' X 50' ))5.(i
FS-.'.25 (l"'-11" l'cstii.:idcs (J. l)
I 12'"-J.'(' Pi.:s1ii.:idi.:s (lJ.02)
2-i'' -Jf1" l'i.:s1ii.:idi.:., (5.5) :to 50' X 50' 277.X
FS-.l2f, 24" -JO"' Pc~tii.:idi.:s (J.:•q J.O so· x .~o' 277.X
I ESTI;\l,\TEI> TOT,\L :-. 7➔2
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TABLE 2-2
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 2
Revision: 4
Date: March 1999
• Treatment of contaminated soil on-site using indirectly heated thermal desorption with
base catalyzed decomposition;
• Backfilling of areas of excavation with treated soils;
• Placement of vegetative cover or cover with crushed stone as appropriate over the
disturbed areas
2.6 EPA EXCAVATION AND REMOVAL ACTIVITIES
The U.S. EPA Region 4 is currently conducting excavation activities to remove and stockpile
contaminated soil inside the lower warehouse. The soil is being removed while leaving the
warehouse buildings in place. The soil is being stockpiled inside the lower warehouse where it
will remain until the selected thermal treatment contractor is awarded a contract for treatment.
The contaminated soil has been processed using a power screen with 2 inch openings.
2.7 REMEDIAL ACTION FOR OPERABLE UNIT I
Operable Unit I (OU!) is the groundwater remediation portion of the FCX site which consists ofan
extraction and treatment system. This remedial action is currently in progress and will be installed
and operational by September 1998. The system when installed will consist of nine extraction wells
and a treatment system followed by discharge to the local POTW. Figure 2-5 shows the locations of
recovery wells, collection piping, and treatment building.
NOR/K. IWP\044001057\SOWRPMOl . DOC 2-13
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1. AREAL EXTENT OF CONTAMINATION WAS ESTIMATED AS 1/2 TI-iE DISTANCE
TO Til[ NEXT CLEAN SAMPLE LOCATION.
2. (J0.90,10) THESE OESIGNATIONS OENOTE THE X,Y,Z COOROINATES OF THE
LOCATION EXCEEDING CLEAN-UP GOALS. X ANO Y ARE MEASURED FROM
THE NORTHEAST CORNER OF THE UPPER WAREHOUSE. THE Z COORDINATE IS
THE DEPTH OF EXCAVATION REQUIRED. '
BURLINGTON
NOTES:
·I H+H·H-RAILROAO TRACKS.
INDUSTRIES RWl,. GROUNDWATER RECOVERY 'M:LLS.
TRENCH CENTERLINE.
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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.
3.1 GENERAL OVERVIEW
SECTION 3
REQUlRED ACTIVITIES
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
The Contractor shall design, install and operate an indirectly heated thermal desorption system to
treat pesticide and PCP-contaminated soil stockpiled on site. The Contractor shall demonstrate the
effectiveness of the system relative to the performance criteria and perform a start-up test including
stack emission tests. Samples of the remediated soil shall be collected and analyzed by the
Contractor to verify that the remediation goals have been achieved. The Project Representative will
obtain split samples for independent laboratory analysis. After treatment, the Contractor shall stage
the treated soil inside the lower warehouse.
The initial contract will be awarded to a contractor that can provide the base-catalyzed
decomposition process (BCD) as part of the thermal desorption system. A second award will be
issued to the lowest responsive bidder that can provide thermal desorption with technically feasible
alternative for treating the off-gas. A contract will not be issued to this firm unless the initial
contractor fails to meet the performance criteria.
This Statement of Work (SOW) provides the performance criteria for installation, operation,
performance, and evaluation of the remedial system. The Contractor shall be solely responsible for
performing the detailed design of the system in order 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
NOR/K \WP\04400\057\SO'v\lRPM01.00C 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
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date; March 1999
document. All work performed under this contract shall be under the supervision of a professional
engineer registered in the State of North Carolina.
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 (RCRA)
• Occupational Safety and Health Administration Requirements (OSHA)
• State Hazardous Waste Regulations
• State Air Emission Regulations
• Clean Water Act (CW A)
• Other Federal, state, and local ordinances
The Contractor shall be liable for all penalties assessed due to permit violations or other
inadequacies of the remediation system.
The Contractor shall complete the work efficiently and within 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
• AC! American Concrete Institute
• AIEE American Institute of Electrical Engineers
• ANSI American National Standards Institute
• AP! 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
NOR/K: \WP\04400\057\SOWR PM01. DOC 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.
• NBS
• NEC
National Bureau of Standards
National Electrical Code
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
• NEMA
• OSHA
National Electrical Manufacturing Association
Occupational Safety and Health Administration
3.2 WORK PLAN PREPARATION
The Contractor shall prepare and submit to the Project Representative four copies of a Remedial
Action Work Plan (RAWP). The objectives of the RAWP are to:
• 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. The RA WP must be approved by the Project Representative prior to mobilization. The
RA WP shall contain at a minimum the components discussed in the following subsections.
3.2.1 Regulatory Compliance and Permitting
The Contractor shall describe the approach for ensuring regulatory compliance and for acquiring 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, including, but not limited to, all requirements set forth by the Division of
Air Quality of the North Carolina Department of Environment and Natural Resources, water
discharge, and land disposal requirements
MOR/K. IWP\04400\057\SOWRPM01. DOC 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 permission of EPA.
3.2.2 System Design and Layout
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
The Contractor shall describe the proposed design and layout of the indirectly heated thermal
desorption system. Full-size design drawings are not necessary in the Work Plan; however diagrams
of the system layout shall be provided. The Contractor shail describe system installation. startup and
performance demonstration, O&M responsibilities, and site cleanup. The system must be designed
to comply with any air emission levels promulgated by the State of North Carolina. The
Mooresville, North Carolina regional office is currently evaluating any permit requirements and
emission standards.
The collection of on-site samples and performance of a treatability study is not required by the
Contractor. It has been assumed that prospective bidders have performed thermal desorption on
similarly contaminated soils. However, the Contractor may perform this work at its own expense.
Regardless, the Contractor may not claim at any time after the bids are submitted misrepresentation
regarding the nature of the materials or the Contractors ability to successfully treat the material.
3.2.3 Remedial Action Schedule
The Contractor shall provide a schedule for the remedial action. The schedule shall include, at a
minimum:
Design
Permitting
Mobilization
System Installation
Startup and Testing
Monitoring
Reporting
System Removal
NORJK.1WP\04400\057\SQWRPM01 . DOC 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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
The schedule must comply with the project schedule provided in the SOW (Section 4).
3.2.4 Supplementarv Plans
As part of the RA WP, the Contractor shall prepare the following supplementary plans:
Health and Safety Plan/Contingency Plan (HASP/CP)
Quality Assurance Project Plan (QAPP)
Data Management Plan
Pollution Control & Mitigation Plan
Waste Management Plan
These documents shall be submitted together and on the same schedule as the rest of the RA WP.
Four copies of all deliverables shall be submitted to the Project Representative.
3.2.4.1 Health and Safety Plan
The HASP shall comply with the requirements of OSHA Standard 29 CFR 1910.120(6)(1) through
(6)(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.
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 Countermeasure Plan (SPCC),
which shall include the following:
I. Contingency measures for potential discharges of contaminated soil or other
material.
NOR/K: IWP\044001057\SOWR PM01. DOC 3-5
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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.
2.
3.
4.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
A description of the methods and facilities to be implemented to prevent
contamination of soil, water, atmosphere, uncontaminated structures, equipment, or
other material discharges.
A description of the equipment and personnel necessary to perform 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.
A description of the equipment and personnel to perform decontamination measures
that may be required for previously uncontaminated structures, equipment, or
material.
3.2.4.2 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.
The Contractor shall describe the procedures for the collection of soil samples. The procedures shall
be in conformance with EPA Region 4, Environmental Investigations Standard Operating
Procedures and Quality Assurance Manual, (EISOP QAM), May I 996. Duplicate, blank and spike
samples shall each number IO percent oft he 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 Soil for Organics Analysis," October 1992. The laboratory quantification
limits must be lower than the remediation goals and the treatment performance criteria established
in Subsection 3.4.2 of this SOW, unless not achievable by any EPA-approved analytical method.
NOR/K.IWP\04400\057\SONR PM01. DOC 3-6
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This document was prepared by Roy F. Weston, Inc., expressly for EPA. !t shall not be disclosed, in whole or in part, without the
express written permission of EPA.
3.2.4.3 Data Management Plan
Remedial Action Statement of Work
FCX Statesvil!e Superfund site
Section: 3
Revision: 4
Date: March 1999
The Contractor shall prepare a Data Management Plan that outlines the procedure for storing,
handling, accessing, and securing data collected during the thermal treatment operations.
3.2.4.4 Pollution Control and MitigationPlan
The Contractor shall prepare a Pollution Control and Mitigation Plan that outlines the process,
procedures, and safeguards that will be used to ensure that contaminants or pollutants are not
released off site during the implementation of the thermal treatment operation. This plan should
address, at a minimum, erosion and sediment control and air monitoring.
3.2.4.5 Waste Management Plan
The Contractor shall prepare a Waste Management Plan that details the strategy for transporting
and disposing of any waste derived as part of the thermal treatment operations.
3.3 SOfL REMEDIATION SYSTEM
3.3.1 General Requirements
The Contractor shall provide all necessary supplies, services and utilities to install and operate an
indirectly heated thermal desorption soil treatment system using the base catalyzed decomposition
(BCD) process. Alternatively, the Contractor may bid a treatment system using a substitute vapor
recovery system.
NOR/K. \WP\04400\057\SQINR PM01 . DOC 3-7
lfiJ JI-C... I '"" "-.._,tt..;.
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section; 3
Revision: 4
Date: March 1999
The vapor recovery system shall include a condensing unit as the primary method of treatment.
Thermal oxidation treatment may be included only as a secondary treatment stage and shall not be a
direct flame system.
The performance of all components of the thermal desorption system shall be guaranteed for the
duration of the contract. Any co~ponent that fails during the contract period shall be replaced by
the Contractor at no additional charge to the project representative.
I
3.3.2 Performance Criteria' and Remediation Goals
1. During operation the thermal desorption system shall at all times condense, collect,
treat, characterize, and dispose of off-gases from the contaminated soil during
remediation.
2.
I
The thermal desorption system shall accomplish the following minimum remedial
levels in the excavated soil:
Soil Remediation Level
Remedial Goals
(mg/kg)
Total Pesticides a 1.0
Pentachloroplicnol 3.2
Defined as gamrna-BHC (Lindane), endrin, dicldrin, chlordane. DDT, and
DDD. One-half of the laboratory detection level will be used in the total
pesticide calculation for all non-detect results.
Following attainment of the remediation goals, the treated soil will be used as
backfill in the excavated areas. The thermal desorption system shall be removed and
soil samples collected in areas around the process, decon pad, and support facilities
to ensure no cross-contamination. Any contamination resulting from the
Contractor's activities will be the responsibility of the Contractor.
NOR/K. IWP\044001057\SOWRPM0l . DOC 3-8
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
As described in Section 2.6, the U.S. EPA is conducting the excavation activities and will stockpile
the contaminated soil inside the lower warehouse.
The Contractor 1s responsible for the handling, s1zmg, decontamination, characterization, and
disposal of oversize debris that cannot be processed. As stated earlier, the stockpile of soil has been
processed through a 2-inch power screen. Pay quantities will be determined from the actual volume
of material that is stockpiled inside the warehouse.
As described in Section 2. 7, the Contractor will be required to work around the groundwater
recovery system which is a part of OU I. This inconvenience will occur in a limited area but must be
planned since the groundwater pump and treat system is operational. The Contractor shall be aware
of the well vaults and PVC piping buried in 2.5' deep trenches. Precaution should be made to ramp
over any of the well vaults with heavy gauge steel to prevent damage. The Contractor will be
responsible for repair or replacement of components damaged during soil treatment operations.
The Contractor is fully responsible for developing the design and for meeting all criteria for the
remediation system in accordance with the following:
• EPA Region IV Standard Operating Procedures (SOPs)
• Other applicable Federal, state and local laws
3.3.3 Installation and Cleanup
The Contractor shall install an indirectly heated thermal desorption system. The Contractor shall be
responsible for all utility hookups required for operation of the remediation system. The Contractor
shall replace and match any existing asphalt pavement, concrete, railroad tracks, grass, landscaping,
or other improvements outside the FCXS property boundaries that are displaced, disturbed, or
NORIK. IWP\044001057\SOWRP M01. DOC 3-9
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
destroyed during activities. The Contractor shall install the remediation system and shall cleanup
and dispose of all debris generated pursuant to this SOW in accordance with applicable local, state
and Federal regulations. The Contractor shall maintain safe and sanitary conditions both during
remediation and contract completion. Cleanup of debris and/or cross contamination will be at the
Contractor's expense.
3.4 STARTUP AND PERFORMANCE DEMONSTRATION
The Contractor, in order to demonstrate performance, shall collect and analyze samples of
remediated soil daily, as well as samples from the gas stream exiting the system. The performance
demonstration period shall be considered complete at such time that soil samples are at or below the
remedial goals contained in Subsection 3.3.2 and air monitoring is in compliance with state and
federal air quality standards. In addition, ambient air monitoring and stack emissions will be
collected, analyzed, and evaluated by the Project Representative in accordance wi_!h_a_p_etforniance
t~w=ogram. In general, the Project Representative will perform three stack tests for volatiles, semi-
volatiles, particulates, and dioxin/furan Samples will be collected both before and after any thermal
oxidizer that is designed into the system. In addition, _continuous emission monitoring will be
conducted for one day. The contractor will be required to shut down until the results of the stack test
sampling are received and evaluated. If the results of the stack tests and soil samples are favorable,
the Contractor will be permitted to proceed with treatment of the soil stockpile. If the results
indicated exceedances in stack emissions above the state requirements, the Contract will be
terminated and no compensation will be paid. Subsequently, WESTON will then contract with the
selected firm that bid the project using thermal desorption without the BCD process. This
Contractor must also demonstrate performance in accordance with the same performance test
program.
NOR/K:IWPI04400\057\SOWRPM01. DOC 3-10
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
The Contractor shall provide to the Project Representative written records of monitoring results to
document the system's performance and provide split samples when requested for quality assurance
analysis.
All testing results shall be forwarded to the Project Representative within seven days of sampling.
Analytical methods from the approved QAPP shall be employed.
Disposal of soil that does not meet the remedial levels outlined in Subsection 3.3.2 of this SOW
shall be the responsibility of the Contractor.
3.4.1 As-Built Drawings
Within 15 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 all components of the thermal desorption system. The drawings shall also indicate the
locations of all existing site features including underground utilities. The Contractor shall revise and
resubmit the drawing to address comments from the Project Representative within 15 days of
receiving comments.
3.5 OPERATION AND MAINTENANCE
The Contractor shall operate and maintain the remediation system until the soil remediation goals
are achieved for all stockpiled contaminated soil. Operating conditions will be set based on
conditions during the performance test. The Contractor shall also monitor the performance and
progress of the remediation system, as well as compliance with permits, if any. Continuous
emission monitoring will be performed as required by local, state, and federal regulations.
NORIK:\WP\04400\057\SOWR PM01, DOC 3-1 I
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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.
3.5.1 Operation and Maintenance
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
The Contractor shall provide all necessary services, supplies, equipment, utilities, and labor for the
operation and maintenance of the remediation system for the duration of the project. This
responsibility includes:
• Repair and replacement of damaged or worn system components
• Preventive maintenance
• Maintaining utility hookup and paying cost of utilities
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
during the Contractor's absence from the site. The Contractor shall take action within one hour of
notification to remedy any emergency situation, and within 24 hours for a non-emergency shutdown
or malfunction. The Contractor shall be responsible for all damage or claims as a result of the
system malfunction.
3.5.2 Monitoring
The Contractor shall provide all necessary services, supplies, equipment, utilities, and labor to
conduct system monitoring throughout the entire remediation operation as described in the contract
documents. Monitoring activities shall include remediation system monitoring and soil cleanup
level monitoring, as outlined in Section 3.5 and Subsection 3.5.3, respectively, as well as monitoring
for air emissions to satisfy state air quality requirements. An automatic system shut-down device
shall be incorporated with a stack gas analyzer to trip the system if an air emission exceedance
occurs.
NOR/K IWP\04400\0571.SONRPMOl . DOC 3-12
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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.
3.5.3 Verification Sampling
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
The Project Representative shall collect and analyze soil samples for every 500 yds3 of soil that is
processed through the thermal desorption system. Remediated soil will not be in the clean stockpile
until the Contractor provides documentation to the Project Representative that remediation goals
have been achieved. Duplicates, spikes, and blanks of all samples will also be submitted for
analysis. The samples will be analyzed according to the specifications of the current EPA Superfund
Contract Laboratory Program Statement of Work for Multi-Media, Multi-Concentration Organics.
This method must be capable of achieving reporting limits lower than the soil remediation goals for
each contaminant of concern.
The Project Representative will notify the Contractor of the results of the verification sampling
within 30 calendar days of the s~mpling. The Contractor shall continue to operate the system during I this period.
I If the concentration of the samples exceeds the remediation goals for any of the contaminants of
concern, the Contractor shall be considered in non-compliance and must evaluate the system I performance. At such time that the Contractor believes that the remediation goals are achieved, the
Contractor shall resample and provide results to the Project Representative before full-scale I operation can resume.
I The Contractor is responsible for providing split samples and documentation of all analytical results
to the Project Representative.
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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.
3.6 SYSTEM REMOVAL AND SOIL STAGING
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: March 1999
After the remediation goals have been achieved, the Contractor shall remove and decontaminate the
remediation system. The Contractor shall stage the remediated soil inside the lower warehouse in
the same area that the contaminated stockpile was located.
The Contractor shall clean up and dispose of all debris generated in accordance with applicable
local, state and Federal regulations, and shall leave the site in a safe and sanitary condition.
3.7 PRE-FINAL/FINAL INSPECTION
Upon preliminary completion of the project, the Contractor shall conduct a pre-final inspection with
the EPA, Project Representative, and the State. The purpose of this inspection is to evaluate the
current site conditions and determine if the project has been completed in accordance with the
SOW. If any items have not been completed, the Contractor will develop a punch list which details
the outstanding items still requiring completion or correction before the work is accepted.
A final inspection will be conducted when all the items on the punch list have been completed. The
Project Representative, EPA, and State of North Carolina will confirm that all punch list items have
been resolved. If any items are still unresolved, the inspection shall be considered a pre-final
inspection requiring another final inspection.
3.8 REMEDIAL ACTION REPORT
At the completion of the remedial action and satisfactory completion of the final inspection, the
Contractor shall prepare a Remedial Action Report (RAR) which certifies that the remedial action
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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.
Remedial Action Statement of Work
FCX Statesville Superfund site
Section: 3
Revision: 4
Date: ·March 1999
has been performed in accordance with the approved work plan and has achieved the performance
standards contained in this SOW. The RAR will include, at a minimum, the following elements:
• Introduction -Brief description of the site and the components of the
remedial action.
• Chronology of Events -Provide a chronology of major events starting with the
Project Representative's approval of the RA Work Plan and
concluding with the final inspection.
• Performance Standards -Include summary of performance standards required in the
SOW. Provide results of field sampling and the
determination that the performance standards were met.
• Construction Activities -Description of remedial actions performed including
quantities treated, performance standards achieved, and
equipment used. Provide list of major subcontractors.
Include explanation of any modifications to work in the
SOW and why they were necessary for the project.
• Certification -Certification by a Professional Engineer registered in the
State of North Carolina that the project has achieved the
performance standards.
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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
Remedial Action Statement of Work
FCX Statesville Superfund Site
Section: Section 4
Revision: 4
Date: March 1999
The Contractor shall comply with the remedial action schedules presented in the following tables.
Table 4-1 presents the schedules for deliverables, installation, monitoring, and other project-related
tasks.
NQR/K: IWP\044001057\SOWR PM01. DOC 4-1
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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.
Table 4-1
Remedial Action Statement of Work
FCX Statesville Superfund Site
Section: Section 4
Revision: 4
Date: March 1999
Remedial Action Schedule
Milestone Schedule
Submit Draft Remedial Action Work Plan 30 days after contract award
Submit Final Remedial Action Work Plan 14 days after receipt of comments
Initiate Perfonnance Demonstration 45 days after work plan approval
Submit Perfonnance Demonstration Monitoring Results * 7 days after successful pcrfonnance demonstration
and Draft As-Built Drawings
Submit Final As-Built Drawings 15 days after Project Representative conunents are
received
Report operation and monitoring results to project Continuously
representative
System Removal 60 days after notification by the Project Representative
that remediation goals have been achieved
Pre-Fin,11 Inspection 15 days after system removal
Final Inspection 30 clays after Pre-Final Inspection
Submit Remedial Action Report 30 clays after Final Inspection
* Note: The Contractor will comply with any d0\\11 time required by the State and EPA for review of pcrfonnancc
data. For bid purposes, assume that the shut dom1 time will be 30 days.
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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.
Item
001
002
PRICE SCHEDULE
Soil Remedial Action
Su11plics or Seniccs and Price
Supplies/Services Unit
Soil Remediation System. All necessary supplies, labor per
and equipment to achieve pcrfommnce as described in the cubic
Statement of Work (SOW). n,e price includes, but is not yard
limited to, obtaining required pennits, approvals, licenses (yd')
and consents; remediation system design: work plans; setup
and operation of the thennal treatment system; sampling and
analysis of the treated soil; soil excavation and backfill;
treaunent process residuals disposal and decontamination of
oversize debris; remediation system n10bilization; utility
hookuns and usaec: and submittal of as-built drawings,
System removal. All necessary supplies. eqttipmcnt. and I lot
labor to remove and dccontantinate the remediation system.
NOR/K. \WP\04400\057\SOWR PM01. DOC
Remedial Action Statement of Work
FCX Statesville Superfund Site
Section: Price Schedule
Revision: 4
Date: March 1999
Unit Est Qty. Total
Price Cost
5,742
"6. c,/)\J
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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.
EVALUATION OF OFFERS
Remedial Action Statement of Work
FCX Statesville Superfund Site
Section: Evaluation of Offers
Revision: 4
Date: March 1999
For purposes of award, offers will be evaluated by adding the extended prices set forth as follows:
Item No.
001
002
Actual or Best
Estimated Quantity
5,742 cubic yards
I Lot
Offers will be evaluated by multiplying the offered unit prices by these quantities. The initial award
will be made to the low-priced offeror that can provide thermal desorption with the BCD process for
the total of all of these items, assuming the offeror meets the minimum qualifications of offerors
presented in the Instructions to Bidders. A second award will be made to the low-priced offeror that
can provide thermal desorption with alternative off-gas treatment. This firm will be contracted to
perform the work if the initial firm does not meet the performance standards for air emissions and
soil remediation goals. This firm must also meet the performance standards before proceeding with
continued soil treatment.
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.
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SECTIOND
COMPENSATION, INVOICING,
AND PAYMENT
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SECTION D
A. The Contractor shall be paid as approved by the Project Representative. Progress payments
shall be made during the perfonnance of the soil remediation action after the Contractor achieves
the following milestones:
Milestone
Demonstration of Achievement of Perfom1ance
Criteria
Successful Treatment of Contaminated Soil Below
Remedial Goals
Site Restoration
Remedial Action Report Submitted and Approved
Payment
20%
40%
5%
10%
The final 25 % of the contract amount will be paid at the satisfactory completion of the entire
project as described below.
B. 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 payment
to the Contractor under this Contract after completion and acceptance of all work and presentation
of a properly executed final voucher.
C. A performance and payment matrix is shown on page D-2 that outlines the specific
measurements for evaluating the Contractor's performance and corresponding compensation.
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Performance Standard
Achievement of
performance
demonstration
Successful treatment of
contaminated soil below
remedial goals up to a
total of 5,742 cubic yards
Treatment system removal
and site restoration
Remedial Action Report
Final Payment
NOR/K. IWP\04400\057\BIDR PMO 1, DOC
Performance and Payment Matrix
Payment Sampling !\1lcasurcmcnt Analysis and Qualit)'
Assurance Check
20% of total contract Three (3) consecutive days Contractor must sample
amount of successful operation. treated soil daily for total
Soil must be treated to 1.0 pesticides and PCP
ppm total pesticides and analyses. Samples will be
3.2 ppm PCP and air split by Project
emissions in compliance Representative for QA
with state and federal submittal of as-built
regulations. drawings due within 15
days to PR.
40% of total contract Soil must be treated below Contractor to sample
amount. Unit rates apply 1.0 ppm total pesticides treated soil every 500
to volume over base bid and 3.2 ppm PCP and all cubic yards that exit the
amount. air requirements met. treatment system for total
pesticide and PCP
analyses.
5% of total base bid Upon complete Approval from PR, EPA,
contract amount demobilization of the soil and State following final
treatment system and site inspection of completed
restoration including final work.
grading of the site to
promote positive drainage.
seeding to establish
vegetation, and re-
establish continuous chain
link fence.
I 0% of total base bid PR and EPA will confinn Approval of RAR by EPA,
contract amount project completion during State, and Project
final inspection. RAR Representative.
submitted following
successful final inspection
as detennined by the PR.
Final 25% of total base bid Furnish release of claims Acceptance of final
contract amount against Project voucher by Project
Representative. Representative.
D-2
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SECTIONE
RELEASE OF LIENS AND ALL CLAIMS
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EXAMPLE
CONTRACTOR'S RELEASE OF LIENS AND ALL CLAIMS
AND SALES AND USE TAX CERTIFICATION
(CONTRACTOR)
(THE CLIENT)
Contract#
$. ______ _
-----------
Contract Value
Less Payments
Final Payment
$. ______ _
WESTON W.O. # ______ _ $, ______ _
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 liens and all
claims, sales and use tax certification, and final discharge on this _____ day of
----' 19_.
Witness or Attest:
MORIK: IWP\04400\057\BIORPMO t . DOC
(CONTRACTOR)
By:---------------
Name and Title
(Typed or Printed): _________ _
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SECTIONF
SUPPLEMENTAL PROVISIONS
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2.
3.
SUPPLEMENTAL PROVISIONS
TO
PR[ME CONTRACT NO. 68-W7-0026
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.
Organizational Conflicts oflnterest
a.
b.
C.
d.
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.
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 to take, after consultation with WESTON, to
avoid, mitigate or neutralize the actual or potential conflict.
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.
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.).
Screening Business Information for Claims of Confidentiality
a. Whenever collecting information under this Contract, the CONTRACTOR agrees to
comply with the following requirements:
(I) 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
NQRIK.IWP\044001057\APP·0.doc; 03126199
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(2)
(3)
NOR/K.IWP\04400\057\APP.Q,doc
list of these sources to WESTON at the time the infonnation is initially
submitted to WESTON. The CONTRACTOR shall identify the infonnation
according to source.
If the CONTRACTOR collects infonnation 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 infonnation is initially submitted to
WESTON. The CONTRACTOR shall identify the infom1ation according to
source.
If the CONTRACTOR is required to collect infonnation directly from a
business or from a source that represents a business or businesses, such as a
trade association:
I.
II.
Ill.
Before asking for the infonnation, the CONTRACTOR shall identify
itself, explain that it is performing contractual work for the
Environmental Protection Agency, identify the infonnation that it is
seeking to collect, explain what will be done with the infonnation, and
give the following notice:
A You may, if you desire, assert a business confidentiality claim
covering part or all of the infonnation. If you do assert a claim,
the infonnation will be disclosed by EPA only to the extent,
and by means of the procedures, set forth in 40 CFR Part 2,
Subpart B.
B. If no such claim is made at the time this infonnation 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 infonnation and forward a copy of the agreement to
WESTON.
Upon receiving the infonnation, the CONTRACTOR shall make a
written notation that the notice set out above was given to the source,
by whom, in what fonn and on what date.
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.
03126/99
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4.
b. The CONTRACTOR shall keep all infonnation collected from non-public sources
confidential in accordance with the clause in this Contract entitled "Treatment of
Confidential Business lnfonnation" as if it had been fi.1rnished 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 infonnation.
Treatment of Confidential Business lnfonnation
a. WESTON and any other source may disclose confidential business infonnation to the
CONTRACTOR necessary to carry out the work required under this Contract. The
CONTRACTOR agrees to use the confidential infonnation only under the following
conditions:
(1) The CONTRACTOR and CONTRACTOR's employees shall:
(2)
(3)
L
UL
use the confidential infonnation only for the purposes of carrying out
the work required by the Contract;
not disclose the infonnation to anyone other than WESTON
employees without the prior written approval; and
return to WESTON all copies of the infonnation, and any abstracts or
excerpts therefrom, upon request by WESTON, whenever the
infonnation is no longer required by the CONTRACTOR for the
perfonnance of the work required by the Contract, or upon completion
of the Contract.
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 infonnation before the employee is allowed access.
The CONTRACTOR agrees that these contract conditions concerning the use
and disclosure of confidential infonnation are included for the benefit of, and
shall be enforceable by, both WESTON and any affected business having a
proprietary interest in the infonnation.
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5.
6.
7.
b.
(4) The CONTRACTOR shall not use any confidential information supplied by
WESTON or obtained during perfom1ance hereunder to compete with any
business to which the confidential information relates.
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 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.
Publicity
The CONTRACTOR agrees not to release any information to the news media regarding the
removal or remedial activities being conducted under this Contract.
Rights of Way/Land Easements
WESTON (through U.S. EPA) shall obtain necessary rights of way, land easements and any
other land agreement necessary to fulfill the requirements of this Contract.
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 observe 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.
C.
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.
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.
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8.
9.
10.
d.
e.
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 (d.) 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.
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.
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.
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
Training
The CONTRACTOR shall certify to WESTON in wntmg that each of its employees,
subcontractors or consultants has completed an EPA approved training program (IA W 29
CFR I 9 IO 120), in relation to this project prior to assignment of any such employee,
subcontractor or consultant to field duty.
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
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11.
12.
13.
specific act1V1t1es 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. Therefore, 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. ln 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.
Notification of Conflict oflnterest 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 corftict 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 perforn1ance of the assigned work which
created the conflict of interest situation.
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 part
any data or technical data provided by WESTON or the Government or generated by the
CONTRACTOR, any site specific cost information, 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.
Retention and Availability of CONTRACTOR Files
NOR/K:IWP\044001057\APP-D doc 03126/99
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a.
b.
C.
d.
e.
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.
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.
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 often (10) 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.)
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
The CONTRACTOR shall not destroy original financial records relating to the
Contract until; ( l) 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 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
perforn1ance 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.
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15.
16.
17.
18.
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.
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. (I.) 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.
Procurement Integrity
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 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."
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 ( I 0) days of its use.
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19. Clauses Incorporated by Reference
This Contract incorporates the following clauses by reference with the same force and effect as
if they were given in foll 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 WESTON, and the term "Seller"
shall mean "Contractor."
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Clause No.
52.202-01
52.203-0 I
52.203-03
52.203-05
52.203-06
52.203-07
52.215-0 I
52.215-02
52.2 I 5-22
52.215-23
52.2 I 5-24
52.215-25
52.215-26
52.219-08
52.219-09
52.219-13
52.219-16
52.222-01
52.222-03
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
tJOR/K:IWP\04400\057\APP·D doc
FEDERAL ACOmSITION REGULATION CLAUSES
Date
SEP 1991
APR 1984
APR 1984
APR 1984
JUL 1995
FEB 1995
FEB 1993
FEB 1993
JAN 1991
OCT 1995 (I)
DEC 1994
OCT 1995 (I)
SEP 1989 C2I
FEB 1990
FEB 1995 <3I
AUG 1986 <4l
AUG 1989
APR 1984
AUG 1996
FEB 1995
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 1984
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.
Price Reduction for Defective Cost or Pricing Data.
Subcontractor 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 ofWoman Owned Small Business.
Liquidated Damages -Small Business Subcontracting Plan.
Notice to the Government of Labor Disputes.
Convict Labor.
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.
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FEDERAL ACQUISITION REGULATION CLAUSES (cont.)
Clause No. Date
52.222-44 MAY 1989
52.223-02 MAY 1989''>
52.223-03 AUG 1987
52.225-05 MAY 1992
52.223-06 JUL 1990
52.223-14 OCT 1996
52.224-02 AUG 1988
52.225-13 APR 1988
52.225-11 MAY 1992
52.227-0 I APR 1984 C4>
52.227-02 AUG 1996
52.227-16 JUN 1987
52.227-17 JUN 1987
52.230-2 AUG 1992
52.230-6 APR 1996
52.233-01 APR 1984
52.236-25 APR 1984
52.237-02 JUL 1985
52.243-01 AUG 1987
52.244-0 I JUL 1985
52.245-04 JAN 1986
52.248-2 MAR 1990
52.249-02 SEP 1996
Title
Fair Labor Standards Act and Service Contract -Price
Adjustment.
Clean Air and Water.
Hazardous Material Identification and Material Safety Data.
Buy American Act Construction Materials.
Drug-free Workplace.
Toxic Chemical Release Reporting.
Privacy Act.
Restrictions on Contracting with Sanctioned Persons.
Restrictions on Certain Foreign Purchases.
Authorization and Consent.
Notice and Assistance Regarding Patent and Copyright
Infiingement.
Additional Data Requirements.
Rights in Data-Special Works.
Cost Accounting Standards.
Administration of Cost Accounting Standards.
Disputes Alternate L
Requirements for Registration of Designers.
Protection of Government Buildings, Equipment and
Vegetation.
Changes-Fixed Price.
Subcontracts (Fixed Price Contracts).
Government Property (Short Form).
Value Engineering.
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
'' 1 Applicable for Subcontracts over$ 100,000.
1" Applicable for Unit Price Subcontracts.
131 Applicable for Subcontracts over $500,000.
,.,, Applicable for Subcontracts over $25,000.
NOR/K.\WP\044001057\APP-D doc
Organizational Conflict of Interest.
Screening Business, Information Confidentiality.
Treatment of Confidential Business Information.
Publicity.
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SECTIONG
REPRESENTATIONS AND
CERTIFICATIONS
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REPRESENTATIONS AND CERTIFICATIONS
(FOR AWARDS?. $50,000)
{
1-hc·Prime Contract or solicitation under which the request is
issued contains provisions requiring WESTON 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
WESTON at the following address in order to be considered
responsive to the solicitation.
PLEASE RETURN TO:
ROY F. WESTON, INC.
5405 l\'letric Place, Suite 200
Norcross, GA 30092
Attention: Jan Blanton
I. SMALL BUSINESS PROGRAM REPRESENT ATJON.
a. Representations. (I) The offeror represents
and certifies as part of its offer that it ___ is, __ is not a
small business concern.
(2) The,offeror represents that it __ is, __ is not a
small disadvantaged business concern.
(3) The offeror 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 Government contracts, and
qualifies as a small business under the criteria and size scandards
established by the Small Business Administration.
Small disadvantaged business concern, as used in this provision,
means a small business concern that (I) 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.
/1.-lKO I IA.IEE0•2.DOC
Women-owned small business concern, as used in this provision,
means a small business concern -
(I) Which is at least 51 percent owned by one or more women or,
in the case of a publicly owned business, at least 5 I percent of the
stock of which is owned by one or more women; and (2) '"'hose
·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 finn's
status as a small 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 (I) be punished by imposition ofa 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
RESPONSIBILITY MATTERS.
(a)( I) The offerer certifies, to the best of its knowledge and
belief, that--
(i) The Offeror 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;
(l3) Have ( ) have not ( ), within a three year period preceding
this offer, been convicted of or had a civil judgement rendered
against them for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or perfonning a
public (Federal, state, or local) contract or subcontract violation of
Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, the fl forgery, bribery,
falsification or destruction of records, making false statements, tax
evasion, or receiving stolen property; and
(C) Are () are not () presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with,
commission of any of the offenses enumerated in subdivision
(a)( I )(i)(B) of this provision.
(ii) The Offeror has (),has not () within a three year period
preceding this offer, had one or more contracts tenninated for default
by any federal agency.
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(2) "Principals," 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 positions).
This certification concerns a matter within the jurisdiction ofan
agency of the United States and the making ofa false, fictitious, or
fraudulent certification may render the maker subject to prosecution
under section I 00 I, title I B, United States Code.
(b) The Offerer shall provide immediate written notice to
WESTON if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has
become ef'!oneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of
this provision t!xists will not necessarily result in withholding of
an award under this solicitation. However, the certification will be
considered in connection ,vith a determination of the Offeror's
respon.sibility. Failure of the Offeror to furnish a certification or
provide such additional information as requested by WESTON
may render the Offeror non~responsible.
(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 certification required by paragraph (a) of this
provision. The knowledge and information of an Offeror 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, WESTON may terminate the contract resulting from this
solicitation for default.
3. CERTIFICATION OF NONSEGREGATED FACILITIES.
(a) "Segregated facilities," 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, 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) By the submission of this offer, the offeror 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.
MK0ljA:\EEO-2.DOC 2
(c) The offeror further ·agrees that (except where it has
obtained identical certifications from proposed subcontractors for
specific time periods) it will -
(I) Obtain identical certifications from proposed
subcontractors before the award of subcontracts under which the
subcontractor mill 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
REQUIREMENT FOR CERTIFICATIONS OF NON-
SEGREGATED FACILITIES
A Certification of Non-segregated 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 contract 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 ofExecutiveOrderNo.11114;
(b) It has, has not filed all required compliance reports and;
(c) Representations indicati'ng submission of required compliance
reports, signed by proposed subcontractors, will be obtained
before subcontract awards.
5. AFFIRMATIVE ACTION COMPLIANCE.
The offeror represents that (a) it __ has developed and has
on file, ___ has not developed and docs not have on file, at
each establishment, affirmative relative action programs required
by the rules and regulations of the Secretary of Labor ( 41
CFR60-I and 60-2), or (b) it has not previously had contracts
subject to the written affirmative action programs requirement of
the rules and regulations of the Secretary of Labor.
6. TYPE OF BUSINESS ORGANIZATION.
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The offeror.or quoter, by checking the applicable box, represents
that--
(a) It operates as __ a corporation incorporated under the
la\~S of the State of _____ ~ __ an individual, a
partnership,_ a nonprofit organization, or ___ ,ajoint
venture, or
(b) It the offeror or quoter is a foreign entity, it operates as
_ an individual. ___partnership, __ a nonprofit
organization, a · oint venture, or ___ a corporation,
registered for business in (country).
7. PLACE OF PERFORMANCE.
(a) The offeror or quoter, in the performance of any contract
resulting from this solicitation, ____ intends, ___ does
not intend ( check applicable block) to use 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 offeror or quoter checks "intends" in paragraph (a)
above, it shall furnish in the spaces provided below the required
information:
Place of Performance
Address, City,
County, State, Zip
Code)
(Name and Address of Owner
and Operator of the Plant
Facility if Other than
Offeror or Quoter
8. CERTIFICATE OF INDEPENDENT PRICE
DETERMINATION.
(a) The offerer certifies that-
(I) The prices in this offer have been arrived at
independently, without, for the purpose of restricting competition,
any consultation, communication, or agreement \Vith any other
offeror or competitor relating to (i) those prices, (ii) the intention
to submit 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 offeror, directly or indirectly, to any
other offeror or competitor before bid opening (in the case of a
sealed bid solicitation) or contract award (in case of a negotiated
solicitation) unless otherv.:ise required by law; and
(3) No attempt has been made or will be made by the offeror
to induce any other concern to submit or not to submit an offer for
the purpose of restricting competition.
MK0ljA:IEEO•2.DOC 3
(b) Each signature on the offer is considered to be a
certification by the signatory that th~ signatory••
(I) Is the person in the offeror'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)(I) through (a)(3) above; or
(2) (i) f-ias been authorized, in writing, 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)( I) through (a)(3) above _______ _
Insert full name ofperson(s) in the offeror'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)(i) above have not participated, and
will not participate, in any action contrary to subparagraphs (a)(l)
through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not
participate, in any a~tion contrary to sub paragraphs (a)( I) through
or (a)(3) above.
(c) If the offerer deletes or modifies subparagraph (a)(2)
above, the offeror 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. () has not delivered. or
() is obligated, () 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 offeror shall identify
below one such contract or subcontract under which technical data
were delivered or will be delivered and the place of such delivery.
Contract/Subcontract No.: _______ _
Place of Delivery:
(Name of Govt. Agency/Contractor)
(Street Address)
(City) (State) (ZipCode)
(Delivered to: Name of Party)
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10. BUY AMERICAN CERTIFICATE (Supply Orders).
(a) The offeror Certifies that each end product except those listed
below, is a domestic end product (as defined in the clause entitled
"Buy American Act-Supplies"), and that components of unknown
origin are considered to have been mined, produced, or
manufactured outside the United States.
Excluded End Products Country of Origin
(List as necessary).
Offerors may obtain from WESTON lists of articles, materials,
and supplies excepted from the Buy American Act.
11 MATERIAL SAFETY DATA SHEETS.
The offeror agrees to identify any hazardous material as defined in
the latest version of Federal Standard 313 to be delivered
hereunder, and to submit prior to award an acceptable Material
Safety Data Sheet for each hazardous material item.
12. AUTHORIZED SIGNATURE.
By signing below, the offerer hereby certifies all the foregoing
representations & certifications are correct:
COMPANY NAME (Please Print)
CITY STATE ZIP (Please Print)
TAX IDENTIFICATION ~UMBER
PRINTED NAMEfTITLE
SIGNATURE OF AUTHORIZED REPRESENTATIVE
DATE
IN ADDITION TO THE ABOVE, THE REPRESENTATIONS
AND CERTIFICATIONS LISTED BELOW SHALL BE
COMPLETED FOR SOLICITATIONS IN EXCESS OF
$100,000.
13. CLEAN AIR AND WATER CERTIFICATION.
The Offerer certifies that--
MK0IIA:IEEO-2,00C 4
(a) Any facility to be used in the perfonnance of this proposed
contract is __ , is not listed on the Environmental
Protection Agency (EPA) List of Violating Facilities;
(b) The Offeror will immediately notify WESTON, before award.
of the receipt of any communication from the Administrator, or a
designce, of the EPA, indicating that any facility that the Offeror
proposes to use for the perfonnance of the contract is under
consideration to be listed on the EPA List of Violating Facilities;
and
(c) The Offeror will include a certification substantially the same
as this certification, including this paragraph (c), in every
nonexempt subcontract.
14. CERTIFICATION AND DISCLOSURE REGARD! NG
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 (b) of this certification.
(b) The offeror, by signing its offer, hereby certifies to the
best of his or her knowledge and belief as of December 23, 1989
that
(I) 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 offerer shall
complete and submit, with its offer, 0MB standard fonn 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) Submission 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 \vho makes
IO/S/98
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an expenditure prohibited under this provision or who fails to fi!e
or amend the disclosure form to be filed or amended by this
provision, shall be subject to a civil penalty of not less than
$) 0,000, and not more than $ I 00, 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 "bona fide
employee," see Subpart 3.4 of the Federal Acquisition Regulation.
(I)_._ 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 commission, percentage, brokerage, or
any other fee contingent upon or resulting from the award of this
contract.
(b) Agreement. The offeror agrees to provide
information relating to the above Representation as requested by
ROY F. WESTON, Inc.
16. AUTHORIZED SIGNATURE.
By signing below, the offeror hereby certifies all the foregoing
representations & certifications are correct:
COMPANY NAME (Please Print)
PRINTED NAMEfflTLE
SIGNATURE of AUTHORIZED REPRESENTATIVE
DATE
(End of form)
,\(KOi lA:\EE0-2.00C 5 10/S/98
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SECTIONH
WESTON'S TERMS AND CONDITIONS
NOR/K. IWP\04400105 7\B!ORPM01 , DOC 3199
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APPENDIX S, GENERAL PROVISIONS
SUBCONTRACT AGREEMENT
1. Order of Precedence -In the event of an inconsistency or ambiguity between the documents comprising
this Subcontract, the following order of precedence shall govern:
a. Supplemental Provisions
b. Subcontract including General Provisions
c. Scope of Work including all changes or modifications thereto.
d. Specifications and Drawings.
2. Invoicing and Payment -SUBCONTRACTOR shall submit invoices in a form acceptable to WESTON
for completed services on a monthly basis. Invoices shall include, but not be limited to the following:
a. The Subcontract number, work order number, dates of services, name of authorized
WESTON representative.
b. Names and titles of SUBCONTRACTOR personnel, net unit prices and/or hourly rates for
services rendered, extended totals, expenses by category and total amounts due.
C. Invoices shall be submitted in duplicate to WESTON Accounts Payable and one copy shall
be forwarded to the authorized WESTON representative under separate cover. Payment
shall be issued to SUBCONTRACTOR net 45 days after approval of SUBCONTRACTOR
invoice by the authorized WESTON representative.
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 is longer, as follows:
Type of Insurance
Workmen's Compensation
and
Employer's Liability
Comprehensive General
Automobile Liability
Combined Bodily Injury
& Property Damage
Excess Liability
(Umbrella Form)
Professional Liability
(Errors & Omissions)
Limits of Liability
Statutory Workmen's
Compensation
$1,000,000 Employe~s
Liability
$1,000,000 each
Liability occurrence
$1,000,000 each
accident or loss
All vehicles covered-
Hired and Non-owned vehicles
$1,000,000
$1,000,000
Rev 1-01/11/99
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The Comprehensive General Liability insurance required herein shall include Contractual Liability coverage,
including coverage for SUBCONTRACTOR's indemnification obligations as defi6ed in Article 7 of this
Subcontract.
WESTON shall be named as an Additional Insured under such policies and the policies shall not be altered
or canceled without SUBCONTRACTOR first providing thirty (30) days advance written notice to WESTON of
its intent to alter 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 12
of this Subcontract.
Certificate(s) of Insurance shall be forwarded to: Roy F. Weston, Inc., 1400 Weston Way, West Chester, PA
19380,' Attn.: Subcontracts Dept., and shall reference the Agreement number assigned by WESTON to this
Subcontract. 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 services of any kind or nature hereunder, 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 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 performance of
such services comply with all applicable laws, ordinances and regulations and shall perform all services in a
good, workmanlike, professional, efficient and non-negligent manner.
6. Year 2000 Compliance Warranty -In addition to all other representations and warranties made
hereunder, SUBCONTRACTOR represents and warrants to WESTON that all services (including materials,
equipment, supplies and services), (hereafter the "Services"), provided hereunder, including any deliverables
required to be submitted to WESTON, whether in electronic media or otherwise, are fully compliant in all
respects with the Year 2000, and the Services will operate and perform without errors, malfunctions or
defects (including specifically errors, malfunctions or defects relating to date data representing or referencing
different centuries or more than one century) at all times prior to, during or after the calendar year 2000 AD.
In the event that any such errors, malfunctions or defects are detected in the Services, SUBCONTRACTOR
shall, at its sole cost and expense, promptly repair or replace the defective Services with services of like
quality, form, fit and function in all respects as they relate to Year 2000 compliance. The warranties of
SUBCONTRACTOR shall survive the expiration or earlier termination of this Subcontract, and shall extend to
WESTON and all users of the Services.
7. Indemnification -SUBCONTRACTOR 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 the
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 SUBCONTRACTOR's performance hereunder.
8. Independent Contractor -SUBCONTRACTOR declares 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
SUBCONT-RACTOR's employees and lower-tier subcontractors and material suppliers, except as may be
provided elsewhere herein.
Page 2 of 5
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9. Health & Safety -Safe practices are considered a priority requirement in the performance of this
Subcontract. SUBCONTRACTOR 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 subcontractors, as well as property for thJ duration of the services performed
hereunder. SUBCONTRACTOR 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 Health Act of
' 1970, as amended, and the standards and regulations issued thereunder. SUBCONTRACTOR 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 including, but not limited io, provisions of the Site Safety Plan.
UNFAMILIARITY WITH THE AFOREMENTIONED SAFETY PROVISIONS SHALL NOT RELIEVE
SUBCONTRACTOR FROM COMPLIANCE WITH THE OBLIGATIONS AND PENAL TIES SET FORTH
THEREIN. I
I 10. Confidentiality -Confidential or proprietary information of WEST(/N or WESTON's Client, as labeled or
stamped "Confidential", may be disclosed to SUBCONTRACTOR during the term of this Subcontract.
SUBCONTRACTOR agrees not to disclose, either in whole or in part, ~ny 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 subcontractors to this same obligatio~.
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11. Data Rights -SUBCONTRACTOR agrees that all discoveries, inventions, and data related thereto that
are conceived of, either jointly with others or independently, in conhection with the services performed
hereunder is the property of WESTON and shall be provided to WESTON without restrictions.
12. Termination i
a. Termination for Convenience -WESTON may, at any time, terminate\this Subcontract for its convenience,
in whole or in part, upon written notice to SUBCONTRACTOR. SUBCONTRACTOR shall be paid in
accordance with the terms of this Subcontract for all services renderedi and accepted by WESTON through
the date of termination, including reasonable and supportable termination costs. WESTON shall not be
obligated to pay SUBCONTRACTOR any other costs related to losses, damages or expenses including
prospective profits for services not performed, arising out of or related to 'such termination.
b. Termination for Default -If SUBCONTRACTOR defaults in the perforlance hereof or breaches any of its
obligations hereunder and fails to remedy such default or breach, 6r if SUBCONTRACTOR becomes
insolvent, or a Trustee or receiver of SUBCONTRACTOR's business or ~ssets is appointed, or any petition in
bankruptcy is filed by or against SUBCONTRACTOR, this shall constit~te a default under the terms of this
Subcontract. In any such event WESTON may terminate this Subcontract, in whole or in part, by written
notice to SUBCONTRACTOR, and WESTON shall have no liability or obligation whatsoever to
SUBCONTRACTOR by reason of, or resulting from such termination. I
c. Notice of Termination -WESTON shall provide a written Notice of TJrmination and SUBCONTRACTOR
shall proceed with the direction contained therein, and shall transmit to WESTON all records related to
SUBCONTRACTOR's performance thereunder, including, but not limited to, samples, field data, laboratory
data, analysis, tests, calculations, notes and results. I
13. Disputes -Any dispute arising under this Subcontract. including disbutes under termination, not settled
by 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, SUBCONTRACTOR shall proceed diligently with the
performance of the work under this Subcontract. The rights of WESTON and the obligations of
SUBCONTRACTOR shall survive completion of performance in acco/dance with the provisions of this
Subcontract and final payment hereunder. \
14. Changes -WESTON may, at any time by written notice to SUBCONTRACTOR, make changes to any
of the Subcontract documents. Any claim for additional compensation br extension of time (adjustments)
R<cv. 1 -01/11/89
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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 1claim for adjustment. Failure to reach
mutual agreement regarding such adjustments hereunder shall condtitute a dispute to be resolved under
Article 13 of this Subcontract I
15 Permits -SUBCONTRACTOR shall obtain all permits and licenses and pay all fees and charges
therefor necessary for the performance of SUBCONTRACTOR's servites under this Subcontract.
16. Records Retention -SUBCONTRACTOR shall retain in 1edible form all records related to this
Subcontract including, but not limited to, logs, field data, laboratory. qata, samples, analyses, calculations,
notes, financial and other records related to the Project and SUBCONrRACTOR's services here~nder for a
penod of three (3) years from final payment under this Subcontract, or as specified in WESTON s contract
with its Client, whichever period is greater. I
17. Release of Liens and all Claims -WESTON shall require SUBCONTRACTOR to provide a Release of
Liens and All Claims along with the Application for Final Payment for ~ervices performed hereunder (forms
attached) prior to release of the final payment by WESTON. I
18. Performance and Payment Bonds -If specifically required and funded by WESTON through the
compensation provisions of this Agreement, SUBCONTRACTOR shall !furnish Performance and/or Payment
bonds (forms attached), each in an amount equal to at least the Subcohtract price, as security for the faithful
performance and payment of all SUBCONTRACTOR's obligations wider this Subcontract. These bonds
shall remain in effect until at least one (1) year after the date when fin1al payment becomes due, except as
provided by Law or regulation or as may be otherwise provided herein. I
19. Notice of Labor Disputes -In the event that the timely performance of work under this Subcontract is
delayed or threatened to be delayed by any actual or potential laboi dispute, SUBCONTRACTOR shall
immediately notify WESTON of all relevant information with respect 16 such dispute. SUBCONTRACTOR
shall insert the substance of this Article in all purchase orders and lowerjtier subcontracts issued hereunder.
20. Non-Discrimination In Employment -SUBCONTRACTOR agrees and hereby certifies that in
providing the services hereunder, it shall not discriminate against any en\ployee or applicant because of race,
color, religion, age, sex, or national origin. SUBCONTRACTOR shall 1abide by provisions of all applicable
I governmental laws and regulations pertaining to non-discrimination, including, but not limited to, Executive
Orders 11246 and 11141 (Equal Employment Opportunity); 41 c'FR 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 SmallJ Disadvantaged Business Concerns;
regulations regarding Utilization of Labor Surplus Area concerns; and regulations regarding Women-Owned
Small Business Concerns. I
21. Social Security and Wage Tax Liability -With respect to all persons at any time employed by, or on
the payroll of SUBCONTRACTOR in performing any services directly br indirectly under this Subcontract,
I SUBCONTRACTOR accepts full and exclusive liability for the 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 qther benefits, pensions or annuities,
and wage or income taxes, now or hereafter imposed by the Uniteq States, and any state or political
subdivision thereof, however the same be measured. SUBCONTRA8TOR shall furnish WESTON such
payroll and employment information as WESTON may require to dem9nstrate compliance with the above
obligation. If WESTON shall be required by law to pay any contribution, tax or penalty because of
SUBCONTRACTOR's failure to furnish the aforesaid information, SUBCONTRACTOR shall forthwith
reimburse WESTON for the entire amount so paid. I
22. Fair Labor Standards Act And Service Contract Act -SUBCONTRACTOR warrants, in connection
with the services provided hereunder, its compliance with all applicable requirements of the Fair Labor
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I Standards Act, as amended, and/or the Service Contract Act, as amended, and of regulations and orders of
t_he United States Department of Labor issued thereunder. I .
I 23. Assignment -This subcontract may not be assigned by SUBCONTRACTOR, either in whole or in part,
without the prior written consent of WESTON. i
24. Set-Off -WESTON shall be entitled to set-off any amount owed tb WESTON by SUBCONTRACTOR or
any of its affiliates, against any amount payable to SUBCONTRACTOR by WESTON, or any of it affiliates.
25. Sales And Use Tax -WESTON believes that services providld by SUBCONTRACTOR under this
SubcontracJ are not subject to Sales and Use Tax. Pending a final ruling by appropriate Tax authorities with
respect to the imposition of Sales and Use Tax on Subcontractor's ~ervices, Subcontractor acknowledges
that the obligation to pay any Sales and Use Tax ruled applicable to services provided hereunder is
SUBCONTRACTOR's obligation, and SUBCONTRACTOR further agtees to pay any such Sales and Use
Tax, and holds WESTON harmless from any and all claims related to the Sales and Use Tax as it applies to
services provided under this Subcontract. :
26. Severability -Any provision or part thereof of this Subcontract hlld to be void or unenforceable under
any law or by any court shall be deemed stricken, and all remaining pr?visions 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 provision.
27. Governing Law -Interpretation of this Subcontract is to. be gove!ned 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 are provided.
28. Entire Agreement -This Subcontract contains the entire understa~ding 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 Subcontract. This Subcontract may only bb modified or amended by a written
instrument executed by both parties, except as may be otherwise provided herein.
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