NCD982096653_20060210_Ram Leather Care Site_FRBCERCLA RD_Pre-Final Design Report for Soil Interim Remedy Revision 1-OCR

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Pre-Final Design Report for
Soil Interim Remedy
Revision 1
Ram Leather Care Site
Charlotte, Mecklenburg County, North Carolina
February 10, 2006
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Pre-Final Design Report for Soil Interim Remedy
Revision 1
Ram Leather Care Site
Charlotte, Mecklenburg County, North Carolina
USEPA Work Assignment 369-RDRD-A419
BVSPC Project No. 048369.0131
February 10, 2006
Prepared by
Black & Veatch Special Projects Corp.
1145 Sanctuary Parkway, Suite 475
Alpharetta, Georgia 30004
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Contents
Revision I
February I 0, 2006
Page No.
Acronyms and Abbreviations ....................................................................................... AA-1
1.0 Introduction ........................ " ................................................................................... 1-l
I.I Purpose and Scope ................. , ........................................................................ 1-l
1.2 Report Organization ....................................................................................... 1-2
2.0 Site Conditions ........................................................................................................ 2-l
2.1 Site Location and Description ........................................................................ 2-l
2.2 Site History .................................................................................................... 2-2
2.3 Hydrogeologic Setting .................................................................................... 2-8
2.3.1 Topography and Surface Drainage ........................................................ 2-8
2.3.2 Climate ........................................ : ......................................................... 2-8
2.3.3 Geology ................................................................................................. 2-8
2.3.4 Hydrogeology ...................................................................................... 2-10
2.4 Soil Characterization ....................................................................................... 2-l 0
2.4.1 Septic System/Septic Tank Drain Field ............................................... 2-l 0
2.4.2 Drainage· Ditch/Culvert -North Area of Site ...................................... 2-1 l
2.4.3 Former Dumpster Area ......................................................................... 2-l l
2.4.4 Former Drum Storage Area ................................................................. 2-l l
3.0 Project Description .................................................................................................. 3-l
4.0 Design Criteria ................................................. : ....................................................... 4-l
4.1 Introduction .................................................................................................... 4-l
4.2 Cleanup Standards ......................................................................................... .4-l
4.3 Technical Design Standards .......................................................................... .4-l
4.3.1 Soil Confirmation Testing .................................................................... .4-2
4.3.2 Pre-Excavation Activities ..................................................................... .4-3
4.3.3 Soil Excavation and Disposal ................................................................ 4-4
4.3.4 Offsite Transportation and Disposal.. ................................................... .4-5
4.3.5 Soil Backfilling and Restoration .......................................................... .4-6
4.4 Air Monitoring ................................................................................................ 4-7
4.5 Site Restoration ............................................................................................. .4-7
4.6 Reporting ....................................................................................................... .4-7
4.7 Process Flow Diagrams ................................................................................. .4-8
4.8 Operations and Maintenance Provision .......................................................... 4-9
TOC-1
EPA Contract No. 68• W •99•043 Revision I
February I 0, 2006 Work Assignment No. 369·RDRD·A419
Pre•Final Design Report for Soil Interim Remedy
Contents (Continued)
Page No.
5.0 Basis ofDesign ....................................................................................................... .5·1 5.1 Design Assumptions ....................................................................................... 5· l 5.2 Remedial Action Subcontractor Activities ..................................................... 5•4 5.3 Permitting .................................. , .................................................................... 5•5 5.4 Land Acquisition and Easement Requirements .............................................. 5.6
6.0 Pre.final Design Drawings and Specifications ....................................................... 6·1 6.1 Pre.final Design Specifications ............. , ....................................................... 6-l 6.2 Drawings and Schematics ............................................................................... 6·2 6.3 Operation and Maintenance Requirements .................................................... 6·2 6.4 Remedial Action Specifications ..................................................................... 6-2 6.5 Design Review Checklists : ............................................................................. 6-3 6.5.1 Biddability Review ................................................................................ 6·3 6.5.2 Operability Review ................................................................................ 6·4 6.5.3 Constructability Review ........................................................................ 6•4 6.5.4 Claims Prevention Review .................................................................... 6·4 6.5.5 Environmental Review .......................................................................... 6·4
7.0 Value Engineering ................................................................................................... 7· l 7.1 Evaluation of Value Engineering Screening .................................................. 7-l 7.2 Incorporation of Value Engineering Principles into Project .......................... 7·1
8.0 Project Delivery Strategy and Schedule .................................................................. 8·1 8.1 Project Deliverables ........................................................................................ 8·1 8.2 Quality Assurance/Quality Control ................................................................ 8·1 8.3 Project Performance ....................................................................................... 8·2
9 .0 Pre.final Design Remedial Action Construction Schedule .................................... 9-1
10.0 Pre•Final Remedial Action Cost Estimate .............................................................. 10·1
11.0 References ............................................................................................................. 11 • l
Table 7-1
Table 8·1
Table 10-1
Tables
Value Engineering Screening
Project Deliverables
Pre.final Cost Estimate -Soil Interim Remedy
TOC·2
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Figures
Site Vicinity Map
Site Layout Map
Revision l
February 10, 2006
Figure 1-1
Figure 2-1
Figure 2-2
Figure 4-1
Figure 4-2
Figure 4-3
PCE Detections in Soil ( 1999) and Proposed Excavation Area
Detail of Soil Excavation Area
Appendix A
Appendix B
Appendix C
Appendix D
Confirmation Sample Layout
Process Flow Diagram for Soil Excavation
Appendices
Remedial Action Subcontracting Documents
Design Review Checklists
Pre-Final Remedial Action Construction Schedule
Pre-Final Cost Estimate
TOC-3
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EPA Contract No. 68-W-99-043 Revision l
February 10, 2006 Work Assignment No. 369-RDRD-A4 l 9
Pre-Final Design Report for Soil Interim Remedy
ams!
ARAR
Black & Veatch
bis
BNA
CERCLA
CLP
CY
EPA
FFS
!ROD
kg
MCL
MCDEP
NCDEM
NCDENR
NCDWM
NOV
O&M
OSHA
PCE
PPE
QA
QC
RA
RACER
RD
RI
SARA
SESD
sow
SSL
svoc
TAL
TCE
TCL
TCLP
USGS
voe
ug/kg
Acronyms and Abbreviations
above mean sea level
Applicable or relevant and appropriate requirement
Black & Veatch Special Projects Corp.
below land surface
Base neutral acid
Comprehensive Environmental Response, Compensation and Liability
Contract Laboratory Program
cubic yards
U.S. Environmental Protection Agency
Focused Feasibility Study
Interim Record of Decision
Kilogram
Maximum contaminant level
Mecklenburg County Department of Environmental Protection
North Carolina Division of Environmental Management
North Carolina Department of Environment and Natural Resources
North Carolina Division of Solid Waste Management
Notice of Violation
Operations and maintenance
Occupational Safety and Health Administration
Tetrachloroethylene
personal protective equipment
Quality assurance
Quality control
Remedial action
Remedial Action Cost Engineering and Requirements
Remedial design
Remedial Investigation
Superfund Amendments and Reauthorization Act
Science and Ecosystem Support Division
Statement of Work
soil screening level
Semi-volatile organic compound
target analyte list
Trichloroethylene
target compound list
toxicity characteristic leaching procedure
U.S. Geological Survey
Volatile organic compound
micrograms per kilogram
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
1.0 Introduction
Revision l
February 10, 2006
The United States Environmental Protection Agency (EPA), under the authority of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986
(SARA), has initiated procedures to conduct a Remedial Design (RD) at the Ram Leather
Care Site, located in Charlotte, Mecklenburg County, North Carolina (Figure 1-1). This
Pre-Final Design Report has been prepared by Black & Veatch Special Projects Corp.
(Black & Veatch) under Contract Number 68-W-99-043 with EPA Region 4 and under
specific authorization of EPA Region 4 through Work Assignment Number 369-RDRD-
A419 Statement of Work (SOW) (EPA, 2004a), and in accordance with the Draft
Remedial Design Work Plan for the Ram Leather Care Site, dated December 6, 2004
(Black & Veatch, 2004). The Draft Remedial Design Work Plan for the Ram Leather
Care Site was approved by EPA on February 24, 2005.
1.1 Purpose and Scope
In accordance with the Remedial Design Work Plan and the SOW, Black & Veatch
presents this Pre-Final Design Report (Report) for the interim soil remedy to be
performed at the Ram Leather Care site (Site). This Report represents an approximately
90 percent level of completion of the design effort. The Final Design Report will be
based on the design submitted by the winning subcontractor; the subcontractor's design
will be based on the Performance Work Statement (PWS) presented within the Remedial
Action (RA) Subcontracting Documents included as Appendix A of this Pre-Final
Design. The final revision of the RA Subcontracting Documents will be submitted to
EPA prior to issuance of the Request for Proposals (RFP). The interim soil remedy
selected in the Interim Record of Decision (]ROD) for the Ram Leather Care Site
includes excavation, off-site transportation, and disposal (EPA, 2004b ). The preparation
of this Pre-Final Design Report will address the interim soil remedy and will include the
following:
•
•
•
•
Design Criteria Report
Basis of Design Report
Pre-Final Design Drawings and Specifications
Value Engineering
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
•
•
Project Delivery Strategy and Schedule
Pre-Final RA Construction Schedule
• Pre-Final RA Cost Estimate
Revision I
February I 0, 2006
The submittals associated with this report will be used to define technical parameters
associated with the design of the soil interim remedy specified in the IROD, and to
develop a design that will be included in the bid documents furnished to performance-
based subcontractors for RA implementation. Therefore, it is assumed that the
Specifications, Drawings, and Schematics will be simplistic and general in nature. The
design prepared by Black & Veatch will include conceptual drawings and schematics
only.
A Pre-Final Design Report addressing the interim groundwater remedy will be submitted
under separate cover.
1.2 Report Organization
This Report is organized into the following sections:
• Section I contains the Introduction to this document.
• Section 2 contains a brief description of the Ram Leather Care Site,
including physical setting, geology, hydrogeology, and soil characterization.
• Section 3 presents a description of the proposed soil interim remedy and
each of its primary components.
• Section 4 presents the Design Criteria, including relevant design issues.
• Section 5 describes the Preliminary Basis of Design.
• Section 6 contains Black & Veatch' s proposed Pre-Final Design Drawings
and Specifications.
• Section 7 addresses Value Engineering.
• Section 8 provides the Project Delivery Strategy and Schedule.
• Section 9 provides the Pre-Final RA Construction Schedule.
• Section IO provides a Pre-Final RA Cost Estimate.
• Section 11 provides the references used for this report.
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EPA Contract No, 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Pre-Final Design Report for Soil Interim Remedy
2.0 Site Conditions
2.1 Site Location and Description
Revision I
February 10, 2006
The Ram Leather Care Site is located at 15100 Albemarle Road (Route 24/27) in a rural
area of eastern Mecklenburg County, North Carolina, just west of the Cabarrus County
line. The site is located at 35 ° 13' 41" North Latitude and 80° 36' 24.50" West
Longitude. The site is located approximately four miles east of the Charlotte city
boundary.
Ram Leather Care restored leather goods and operated as a dry cleaning facility.
Chlorinated hydrocarbon chemicals [primarily tetrachloroethylene (PCE) and petroleum
hydrocarbons (mineral spirits)] were used in the cleaning process. The dry cleaning
facility is no longer in operation. The site later operated as a weekend flea market;
however, it is now closed to the public.
A site vicinity map and a site location map are presented as Figures 1-1 and 2-1,
respectively. The site is presently zoned residential and is surrounded by residential
property. To the south is a 14-acre privately owned parcel. A small fishing pond is
located on the 14-acre parcel. To the east is an 8-acre privately owned parcel. To the
north is another privately owned parcel. To the west is an 18-acre privately owned
parcel. Albemarle Road and the Norfolk Southern Railroad are located north of the site.
A gravel road running southeast from the Ram Leather driveway provides access to two
residences and the small pond. A septic tank drain field is located in the southern portion
of the site. A former drinking water well (DW00l l) is located in the northwest portion
of the site.
The !ROD for Ram Leather Care describes several source categories; areas identified
were the septic tank/septic tank drain field, former dumpster area, surface water
ditch/culvert, and former drum storage area.
Septic Tank/Septic Tank Drain Field -A subsurface septic tank wastewater system has
been in operation at the site since 1977. The septic tank is located on the north side of the
Ram Leather Care building. Wastewater from the septic tank was pumped to a drain field
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
in the southern portion of the property. This partially vegetated area is unfenced and
accessible to the adjacent residents.
Former Dumpster Area -The former dumpster area (where filter burning occurred) is
located on the south side of the Ram Leather Care building. This area is currently covered
and serves as part of the gravel parking lot. The wastes generated at the site were placed
in the metal dumpster from 1977 until 1984. The dumpster has since been removed.
Surface Water/Ditch Culvert -Water from the northern portion of the site flows in a ditch
and through culverts under a railroad track and Route 24/27 to an intermittent stream
across the street from the site. Soil samples were collected from ditch locations just prior
to entering the culvert under the railroad track. The area was sampled to determine if
contamination is leaving the site via surface water drainage.
Former Drum Storage Area -After 1984, 55-gallon drums were used to store the waste
generated at the site. The former drum storage area is located next to the western part of ' the building where drums were placed on a cement pad. A grassy area is adjacent to the
cement pad. Contamination in this area is due, in part, to drum leakage and spills. When
discovered in 1991, it was noted that the bungs had been left open allowing rain to enter
the drums and overflow. Areas of stained or stressed vegetation have been observed in
the area adjacent to the drum storage area.
During the April 1999 investigation, a hole was uncovered adjacent to the drum pad. The
hole had been drilled and was approximately IO inches in diameter. The hole had been
drilled to a depth in excess of IO feet and is currently filled with collapsed material to a
depth of 10 feet. The drilled hole was covered by a 55-gallon drum lid and cement. Air
monitoring conducted by EPA at the top of the hole indicated the presence of organic
compounds. It is not known whether the hole was due to a failed well installation
attempt, past sampling activities, or was used for past dumping of solvents. The hole
would have received storm water runoff from the drum storage area.
2.2 Site History
The majority of the operational history information presented below was obtained from
the Remedial Investigation Report, Phase I, dated March 14, 2000, and prepared by EPA
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRO-A4 l 9
Pre-Final Design Report for Soil Interim.Remedy
Revision I
February I 0, 2006
Region 4 Science and Ecosystem Support Division (SESD) (EPA, 2000). Additional
information was obtained from the Ram Leather Care !ROD (EPA, 2004b).
The Ram Leather Care facility operated from 1977 to I 993. The building was
constructed in 1967 and housed a construction business owned by Mr. Worley until 1977.
On May 6, 1987, Ram Leather submitted its first Notification of Hazardous Waste
Activity. Ram Leather reported that it was a generator of less than 1,000 kilograms
(kg)/month of DOOi RCRA wastes (as defined in the Resource Conservation and
Recovery Act, 40 CFR 261.21). On June 8, 1987, EPA assigned the number NCD 982
096 653 to Ram Leather as a small quantity generator.
On April 6, 1991, during a complaint investigation of a demolition landfill on adjacent
property, Mecklenburg County Department of Environmental Protection (MCDEP)
inspector discovered illegal open burning at the Ram Leather Care Site. The facility
operator was burning filters containing PCE. The facility was instructed to stop and
complied. MCDEP issued a Notice of Violation (NOV) for this burning.
On April 29, 1991, the North Carolina Department of Environment and Natural
Resources (NCDENR) inspector visited the site. The inspector noted that the last
documented disposal of DOOi waste petroleum naphtha was on February 12, 1988. Mr.
Worley stated that the Dry Cleaners Trade Association had sent information that certain
petroleum-based dry cleaning solvents were no longer deemed hazardous waste and that
· he had assumed that his waste was no longer hazardous. The inspector discovered a 250-
gallon above-ground storage tank of DOOi waste mineral spirits and 49 drums of liquid
waste in an outside waste storage area. Bungs were open, allowing rainwater to enter the
drums and waste to overflow. Logs and drum markings were not maintained. The drums
were standing in liquid. A composite sample of drum contents and a surface soil sample
weretakenonMay2, 1991.
The North Carolina Division of Environmental Management (NCDEM), Water Quality
Section, was notified April 30, 1991, of a boiler blow-off in the storage area. A permit
had not been issued for the site, making this an illegal discharge. The area had been
recently graded to allow surface water runoff to flow toward Albemarle Road. A
drinking water well was noted within 50 feet of the storage area and was sampled on May
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
6, 1991, by MCDEP. Due to contamination found in the well, Ram Leather was advised
to discontinue using the well for drinking. On May 13, I 991, all off-site drinking water
wells within ½ mile were sampled. Two private residential wells were found to be
contaminated.
On June 5, 1991, a North Carolina Hazardous Waste Inspector visited the Ram Leather
Care Site to provide instructions to Mr. Worley. While there, Ram Leather requested a
change in classification under RCRA because the 49 drums of D00 I hazardous waste
present at the site were in excess of 6,000 kg, thereby exceeding small quantity generator
status. Mr. Worley stated that PCE filters were stored in a dumpster prior to disposal in a
landfill. Stored hazardous wastes were shipped off-site for disposal on June 14, 1991.
Ram Leather was reclassified as a Large Quantity generator on June I 7, 1991.
On June 24, 1991, an Imminent Action NOV (Docket #91-264) was issued to Ram
Leather Care for Storage and Disposal of Hazardous Waste. The compliance schedule
required submittal ofa comprehensive sampling and analysis report by July 26, 1991, soil
removal with post-excavation samples by September I, 1991, and removal of all
hazardous wastes by September I, 199 I.
On July 2, 1991, an NOV was issued by NCDEM Groundwater Section for violation of
groundwater quality standards. The NOV required remediation of contaminated soil and
groundwater and provision of an alternate water supply to affected well owners (Parnell
and Beaver). On July 26, 1991, NCDEM Groundwater Section held in abeyance the
order to remediate the site and deferred lead agency status to the North Carolina
Hazardous Waste Section. The NOV still required provision of alternate water supply to
affected well owners. On August 2, 1991, Ram Leather responded to NCDEM by letter
and said that the two private residences had been provided with bottled water and on
November 5, 1991, Ram Leather submitted a Technical and Field Data Report to
NCDENR.
On January 24, 1992, a Compliance Order with Administrative Penalty, Docket #92-068
was issued by the North Carolina Division of Solid Waste Management (NCDSWM).
This NOV stated that between 1977 and 1984, wastes generated from the use of
chlorinated hydrocarbons were disposed of in a metal dumpster. After 1984, 55-gallon
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision l
February 10, 2006
drums were used to store the solvents which were then transported off-site for recycling.
Between 1984 and 1988, wastes were also stored in an above-ground waste tank
supported by a concrete pad on the west side of the building. The NOV cited Ram
Leather for storage of hazardous waste on-site for longer than 90 days, improper or lack
of marking on hazardous waste containers, failure to file an annual report, discharge of
D00 I and F002 hazardous wastes onto the ground and into the groundwater, and failure
to submit a permit application. The NOV imposed a penalty.
On February 26, 1992, Ram Leather filed a petition for an Administrative hearing to
contest the order. On April 29, 1992, NOV Docket #92-232 was issued to Ram Leather
by the NC Hazardous Waste Section for failure to submit an annual report. On May 12,
1992, Ram Leather responded with the annual report and contested the NOV. Ram
Leather stated that generator status was based on amount generated, not stored. The
annual report stated that the following quantities of wastes were generated and shipped
off-site in 1991:
Perchloroethylene/ignitable, D039 2,900 kg
Filters containing waste perchloroethylene/ignitable, D039 1,268 kg
Filters containing waste mineral spirits/ignitable, D00 I
Waste mineral spirits/ignitable, D00l
700 kg
3,315 kg
On July 17, 1992, Ram Leather provided a Soil Vapor Extraction Proposal to NCDENR
Attorney General's Office. A memo dated July 29, 1992, from the North Carolina
Hazardous Waste Inspector to the North Carolina Assistant Attorney General, states that
Ram Leather was not in compliance with NOV Docket #91-264. This memo also stated
that Ram Leather had made little attempt to meet the requirements of the order which
required removal of on-site contaminated soil.
On January 30, 1992, Mecklenburg County again sampled area wells. NCDEM
communicated to Mr. Worley on March 16, 1992, that he was still required to provide
alternate water supply to residents with contaminated wells. It was suggested that Mr.
Worley consider a point of entry filter system. On July 15, 1992, Ram Leather sampled
three water supply wells including the new onsite well. An August 10, 1992, letter states
that Ram Leather continues to supply alternate water supplies to both residences. On
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l9
Pre-Final Design Report for Soil Interim Remedy
Revision l
February 10, 2006
August 26, 1992, Mecklenburg County again sampled area wells and determined that an
additional residential well was also contaminated. On March 18, 1993, Ram Leather
filed for Chapter 7 Voluntary Bankruptcy. On April 19, 1993, NCDEM requested that
the Commerce Finance Center pursue funding to provide a permanent alternate water
supply.
Additional well samples taken by Mecklenburg County on June 22, 1993, showed that
the well at 15205 Albemarle Road was contaminated. Subsequent tests have shown the
well to be clean. On September 8, 1993, NCDSWM Waste Management Branch referred
the site to the North Carolina Superfund Section for possible immediate action to provide
a reliable alternative water supply to the residents. A September 28, 1993, inspection
report stated that the Ram Leather facility was in Chapter 7 bankruptcy and had been
unable to comply in full with Compliance Order with Administrative Penalty Docket
#92-068. Alternative water was still being provided to area residents who would accept
it, but site cleanup had not progressed.
On February 16, 1994, the North Carolina Superfund Section requested that EPA
evaluate Ram Leather for a possible removal action and on March 16, 1994, the EPA
sampled on-site soil and neighboring wells. The EPA determined that wells surrounding
the site were below removal action levels and assigned the site a low priority for removal
action.
Between the EPA removal evaluation and September 26, 1995, a new deep well was
installed at the residence located across the street from the facility. The resident had
discontinued using bottled water and had resumed drinking the groundwater. The new
well was sampled during the North Carolina Superfund Section Site Inspection on
· September 26, 1995. The well showed 204 parts per billion (ppb) of PCE, which was
much higher than any previous sampling results from that residence. The MCDEP also
sampled the well and found a high level of PCE. The NC Superfund Section again
requested an EPA removal action. The EPA sampled the well and determined that it
qualified for a high priority removal action.
In 1997, EPA's Emergency Response and Removal Branch conducted a follow-up
investigation to verify the findings of the State's 1995 investigation. Private wells in the
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February IO, 2006
vicinity of the site were sampled. The results indicated that the levels of contamination
exceeded the removal action level. Thus, in February 1997, point-of-entry carbon
filtration units were installed on the Parnell, Glosson, and Beaver wells. Each of these
wells has consistently shown chlorinated hydrocarbon contamination.
EPA SESD completed the first phase of the Remedial Investigation (RI) in 1999 to assess
the areal and vertical extent of contaminated soil and groundwater at the site, and to
determine whether additional potable wells adjacent to the site were contaminated. In
2000, EPA tasked CDM to undertake additional groundwater studies (Phase II). The
main objectives of the additional studies were to determine the nature of the fracture
zones in the area and the extent of contamination in the fractured bedrock aquifer. A
review of the data collected suggests that the extent of contamination has been defined to
the north and west-northwest of the site, but remains to be defined on the southern side
and the east-northeast directions from the facility. Additionally, four private wells
sampled during the 2000 RI sampling event still showed unacceptable levels of
contamination (EPA, 2004b ).
The IROD for the Ram Leather Care site was issued on September 30, 2004 (EPA,
2004a). The interim remedy selected in the IROD includes Soil Alternative S3 -
Excavation, Off-Site Transportation, and Disposal at Subtitle D Landfill; and
Groundwater Alternative G3 -Pump and Treat with Physical/Chemical Treatment and
Groundwater Monitoring. The RD for the interim groundwater remedy will be submitted
under separate cover. The selected interim remedy meets the requirements of the two
mandatory threshold criteria: protection of human health and the environment and
compliance with applicable or relevant and appropriate requirements (ARARs) while
providing the best balance of benefits and tradeoffs among the five balancing criteria,
including long-term effectiveness and permanence; short-term effectiveness;
implementability; reduction of mobility, toxicity, and volume through treatment; and
cost. The selected interim remedy also includes flexibility, to the extent possible, to
allow for future redevelopment of the site.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Pre-Final Design Report for Soil Interim Remedy
2.3 Hydrogeologic Setting
Revision 1
February 10, 2006
The majority of the geologic features of the site presented below were obtained from the Remedial Investigation Report, Phase I, dated March 14, 2000, and prepared by EPA Region 4 SESD (EPA, 2000).
1.3.1 Topography and Surface Drainage
The total relief on the site is about 13 feet, ranging from a basin i_n the northwest comer at 717.2 feet above mean sea level (ams!) to the highest point of 730.4 feet ams! in the south. There are two. overland flow paths for site drainage. The northern pathway flows through culverts under the railroad tracks and Route 24/27. This intermittent stream continues for 1,500 feet until it joins a perennial stream. This perennial stream continues north for 1,000 feet and flows into a pond that is 800 feet long. The outfall from this pond is an unnamed tributary to Caldwell Creek.
Runoff from the southern portion of the site flows south and enters a pond 1,000 feet to the south. The pond is 200 feet long. Several springs emerge along the overland flow pathway and in other areas between the site and the pond. The outfall from this pond flows I ,200 feet where it enters a larger pond. Outfall from this pond enters Wiley Branch which leads to Clear Creek.
1.3.l Climate
The area has a mean annual 45 inches of precipitation per year and a mean annual lake evaporation of 41 inches per year, resulting in a net precipitation of 4 inches (U.S. Dept. of Commerce, 1979). The two-year 24-hour rainfall is 3.5 inches (U.S. Dept. of Commerce, 1963). The site is outside the 500 year flood plain (Federal Emergency
Management Agency, 1993).
1.3.3 Geology
The soils at the site are classified as part of the Georgeville unit, characterized by a silty clay loam. The surface layer is a yellowish red silty clay loam, approximately 5 inches thick. Below this is about 4 feet of strongly acidic subsoil, the upper part of which is a red silty clay. The lower part is a red silty clay loam. Under the subsoil is silt loam to approximately 9 feet below land surface (bis). Depth to bedrock is about 42 feet bis (Tingle, 1991).
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision 1
February 10, 2006
The site is located in the western edge of the Carolina Slate Belt of North Carolina.
Classified as phyllites, these rocks are very fine in texture. The metavolcanic rock is
characterized by interbedded felsic to mafic tufts and flowrock. The residuum from the
fine grained slate forms the Georgeville series subsoil mentioned above (U.S. Dept. of
Agriculture, 1980; USGS, 1980).
Rock units in the area have undergone periods of deformation that have produced folding
and fractured planes in the rock, as well as brittle zones where the rock is crushed,
sheared, or faulted in some manner. As these rock types become weathernd, soil profiles
develop that are characteristic of the original rock (also referred to as saprolite). The
rocks have been fractured during metamorphic phases and, in some cases, the fractures
have been "resealed" by quartz. As rock weathers, these quartz fillings are retained in the
soil indicating that fractures existed in the rock. In addition, remnant fractures can be
seen in the soil profile without quartz infilling as indicated by the presence of iron
staining along the fracture plane. The iron staining is a result of groundwater leaching
iron from the surrounding material. As groundwater travels along a fracture plane, the
iron is re-deposited along the plane. Fracture planes can be detected during drilling as
zones of weak-to-incompetent rock that are not resistant to the cutting action of the drill
bit. These fracture zones are typically water saturated.
Stratigraphy at the site consists of a saprolite layer, a partially weathered rock zone, and
the underlying fractured crystalline bedrock. The saprolite is clay-rich, residual material
derived from in-place weathering of bedrock. Typically, the saprolite is silty clay near the
surface. With increasing depth, the amount of silt, and fine-grained sand and gravel tend
to increase. Remnant fracture planes with quartz infilling appear in this layer. The
thickness of the saprolite in the vicinity of the site ranges from 24 to 42 feet. The range is
based on soil borings drilled in 1991 that showed auger refusal at 24 feet and the well log
for the onsite deep well that showed the depth to bedrock as approximately 42 feet bis.
This is consistent with the August 1999 drilling in which bedrock was encountered at
approximately 45 feet bis.
Underlying the saprolite is a partially weathered rock layer derived from the weathering
of bedrock. Partially weathered rock is composed of saprolite and fragments of weathered
bedrock. Grain sizes range from silts and clays to large boulders of unweathered bedrock.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4!9
Pre-Final Design Report for Soil Interim Remedy
Revision I
February I 0, 2006
The weathering occurs in bedrock zones Jess resistant to physical and chemical
degradation (i.e., fault zones, stress relief fractures, and mineralogic zones).
2.3.4 Hydrogeology
Regionally, the water-bearing units that underlie the site represent an aquifer system
consisting of metamorphosed and fractured phyllite rocks of varying proportions and
thicknesses. The aquifer system underlying the site generally consists of the
saprolite/partially-weathered rock aquifer and the underlying fractured bedrock aquifer.
In the site area, the water is typically found in the saprolite aquifer and will generally
mimic the overlying land surface. Based on measurements collected during aquifer
testing, the depth to water is approximately 15 feet.
Shallow groundwater movement is assumed to somewhat follow the topography. Based
on a U.S .. Geological Survey (USGS) topographic map, ground surface at the site slopes
to the southeast and the northwest, creating a groundwater divide. However, groundwater
flow is likely controlled by· the presence of refict fractures present in the saprolite,
fractures in the partially-weathered as well as competent bedrock, and the steep dip of the
bedrock units to the northwest. Given the complexity of the bedrock at the site, the
direction of groundwater flow depends primarily on fractures, faults, bedding planes, etc.
2.4 Soil Characterization and Extent of Contamination
This section presents the results of surface and subsurface soil investigation activities
performed in 1999 as part of the Remedial Investigation, Phase 1, conducted by EPA
Region 4 SESD (EPA, 2000). Soil sampling locations and chlorinated solvent results are
presented on Figure 2-2.
2.4.1 Septic System/Septic Tank Drain Field
A total of six locations associated with the septic system/septic tank drain field area were
sampled. Surface and subsurface soil samples were analyzed for volatile organic
compounds (VOCs), base neutral acids (BNAs), pesticides, and metals. Soil was
sampled in the area adjacent to the septic tank (SS 1 ), the area adjacent to the pipeline
running south from the septic tank to the drain field (SS2), and the septic tank drain field
area (SS3 through SS6). Low concentrations of PCE and trichloroethylene (ICE) were
detected at 5 feet bis adjacent to the septic tank (SS 1 ), and low levels of cis-DCE were
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
detected at 10 feet bls at locations SS 1 and SS6. Chlorinated solvents were not detected
above conservative EPA generic soil screening levels (SSLs) for protection of
groundwater (EPA/540/R-95/128) in these areas .
2.4.2 Drainage Ditch/Culvert -North Area of Site
Surface and subsurface soil samples were collected in the north drainage ditch/culvert
area (ND 1 ). The surface soil sample was analyzed from VOCs, BNAs, pesticides, and
metals. The subsurface samples were analyzed for VOCs only. Low levels of PCE were
detected in subsurface soil samples collected from the ditch/culvert area. Chlorinated
solvents were not detected above conservative EPA generic SSLs for protection of
groundwater (EP A/540/R-95/128) in this area.
2.4.3 Former Dumpster Area
One surface soil sample was collected in the former dumpster area (DU2). The surface
soil sample was analyzed for VOCs, BNAs, pesticides, and metals. The collection of
additional surface and subsurface samples using direct push technology was not possible
due to the gravel parking lot in the dumpster area. Chlorinated solvents were not detected
in any sample collected in the former dumpster area.
2.4.4 Former Drum Storage Area
Surface and subsurface soil samples were collected in April and August 1999, to assess
the extent of soil contamination in the former drum storage area. Locations beginning
with the prefix DS (DS 1 through DS 10) were sampled in April 1999 and locations
beginning with RL (RL2I through RL28) were sampled in August 1999. In addition to
the samples collected from the general former drum storage area, samples were collected
from the I 0-inch diameter hole (DS9) discovered by SESD staff during the investigation,
and from the area adjacent to the hole. During the August 1999 investigation, samples
were collected at five foot intervals between depths of I 0-30 ft. Additional samples were
collected at some locations at a depth of 45 ft ( deepest possible sampling depth before
reaching bedrock). Surface and subsurface soil samples collected in April 1999 were
analyzed for VOCs, BNAs, pesticides, and metals. All samples collected in August 1999
were analyzed for VOCs, and samples collected near the drilled hole in August 1999
were analyzed for VOCs, metals, BNAs, and pesticides.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Pre-Final Design Report for Soil Interim Remedy
Revision 1
February IO, 2006
PCE was detected at five of seven surface soil sampling locations in the drum storage
area. At two of these locations, DSl [6J micrograms per kilogram (ug/kg)] and DS4 (I 10
ug/kg), surface soils exceeded the generic SSL for PCE (3 ug/kg). The level of PCE
detected in surface soil ranged from 2J ug/kg (DS2, DS5, and DS7) to 110 ug/kg (DS4).
No other VOCs were detected in the surface soil.
PCE and known PCE · degradation products, TCE, DCE, and VC, were detected in
subsurface soils at the former drum storage area. PCE levels at the site ranged from less
than 1.0 ug/kg to 78,000 ug/kg (DS9). The highest concentration of PCE (78,000 ug/kg)
detected was collected from the I 0-inch diameter hole at a depth of 10 feet bis. Adjacent
to the hole, 20,000 ug/kg of PCE was detected in boring RL27 at 25 feet bis. PCE was
detected in 34 of 40 subsurface soil samples. In 26 of these samples, subsurface soils
exceeded the generic SSL for PCE (3 ug/kg). TCE was detected in 19 of the subsurface
samples ranging from 0.59 Jug/kg (RL23 at 20 feet bis) to 110 J ug/kg (RL28 at 45 feet
bis). The degradation product cis-DCE was detected in 20 of the subsurface samples
ranging from less than I ug/kg to 520 ug/kg (RL28 at 45 feet bis). Vinyl chloride was
detected in the drum storage area in five subsurface samples ranging from 2.6 J ug/kg
(RL28 at 20 feet bis) to 44 ug/kg (RL28 at 45 feet bis). In the drum storage area,
chlorinated solvents were detected in the soil down to the deepest sampling depth of 45
feet.
The data collected during the 1999 EPA RI, as well as earlier investigations, suggest that
soils and groundwater at neighboring private wells are contaminated with chlorinated
solvents typically associated with dry cleaning operations. Limited full scan data that
have been collected previously indicate that metals, SVOCs, and pesticides are not a
problem at the site. Soil contamination will be addressed in this preliminary design
report; whereas, groundwater contamination will be addressed under separate cover. As
proposed in the !ROD, Figure 2-2 indicates the area of soil contamination that will be
addressed as part of the interim removal action. The removal volume is based on a depth
of 26 feet bis and the lateral extent of soils collected during the RI that exceed the generic
EPA SSL of 3 ug/kg for PCE. Based on this SSL, approximately 3,500 cubic yards (CY)
of surface and subsurface soils in the drum storage area would need to be addressed as
part of the interim action. Removing these soils, as proposed in the !ROD, would also
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February IO, 2006
address other VOC contaminants that may exceed North Carolina concentrations for soil
to groundwater leaching.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
3.0 Project Description
Revision 1
February 10, 2006
On-site PCE contaminated soil is an ongoing source for groundwater contamination.
The Focused Feasibility Study (FFS) addressed the on-site source in order to minimize
additional release of source contaminants to groundwater. Remedial alternatives for the
area of contaminated soil identified during the RI were presented in the FFS.
Figure 2-2 indicates the area of soil contamination that will be addressed as part of the
interim RA. Although surface soil contaminant levels did not pose a human health risk,
as indicated above, contaminant levels in surface and subsurface soils may still impact
groundwater. The potential for soil contamination to impact groundwater in
conjunction with the maximum contaminant level (MCL) exceedances present in
groundwater suggest the need to develop a soil remediation goal based on groundwater
protection. The RI indicated that some site soils exceed the conservative generic soil
screening level (SSL) for PCE for protection of groundwater (3 ug/kg) (EPA1540/R-
96/018). SSLs are risk-based concentrations derived from equations combining
exposure information assumptions with the EPA toxicity data. It should be noted that
SSLs are not considered national cleanup standards, but rather, are useful in identifying
and defining areas, contaminants, and conditions at a particular site that does not
require further federal attention. When a generic screening level is exceeded, it is
useful to develop a site-specific SSL. Figure 2-2 illustrates the approximate lateral
extent'of soils that exceed the SSL of 3 ug/kg PCE based on the RI data. These soils
also exceed the North Carolina default number for soil to groundwater leaching for
PCE (7.4 ug/kg). While exceedances occurred at depths up to 40 feet bis, the depth of
soil that would actually be addressed in this interim action extends only to 26 feet bis,
the groundwater table depth approximated in the IROD. Since the groundwater table
was measured at approximately 15 feet bis during the aquifer pump test conducted in
June 2005, excavation dewatering may be necessary to achieve the total excavation
depth of 26 feet bis. Using the SSL allows the interim action to target the potentially
most problematic soils regarding contamination of groundwater without impeding the
ability to collect additional site data needed to develop a final groundwater RA. Based
on an SSL of 3 ug/kg of PCE in soil for protection of groundwater, approximately
3,500 CY of surface and subsurface soils in the drum storage area would need to be
addressed as part of the interim action. Since the lateral extent of soils with PCE
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 I 9
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
exceeding 3 ug/kg has not been completely delineated to the west and north, the
volume of soils requiring removal is likely to exceed the 3,500 cubic yard estimate.
Addressing these soils would also address other VOC contaminants that may exceed
North Carolina concentrations for soil to groundwater leaching.
The selected interim remedy for soils specifically provides for the following:
• Confirmation sampling of soil to verify the soils outside the boundaries of the
excavation area are below the SSL for PCE.
• Excavation (land surface to 26 feet bis) of surface and subsurface soils
(approximately 3,500 CY) which exceed the generic EPA SSL of3 ug/kg for PCE
(Figure 2-2).
• Dust control to minimize fugitive emissions.
• Air monitoring during removal activities to ensure safety of nearby residents and
workers.
• Loading and offsite transportation and disposal of soils at a Subtitle C or D
landfill. Excavated soils will be analyzed for waste characterization prior to
disposal to determine the appropriate landfill disposal location.
• Backfilling of excavated areas with certified clean fill, and final grading,
compacting, and restoration of the area including re-vegetation (seeding and
mulching).
Excavation of contaminated soils shall continue as necessary in the lateral directions as
defined by confirmation soil sampling, where possible, except beneath the existing
building, until the remaining soils achieve the SSL for PCE. Excavation shall comply
with all ARARs, Occupational Safety and Health Administration (OSHA), and state
standards. The interim soil action objective will be met when confirmatory samples
collected from the sidewalls of the excavation are below the SSL for PCE.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRO-A419
Pre-Final Design Report for Soil Interim Remedy
4.0 Design Criteria
4.1 Introduction
Revision 1
February IO, 2006
The Design Criteria defines in detail the technical parameters upon which the design will
be based. Specifically, the Design Criteria shall include the preliminary design
assumptions and parameters, which may include (!) waste characterization; (2)
pretreating requirements; (3) volume and types of each medium requiring treatment; (4)
treatment schemes (including all media and byproducts), rates, and required qualities of
waste streams (i.e., input and output rates, influent and effluent qualities, potential air
emissions, and so forth); (5) performance standards; (6) long-term performance
monitoring and operations and maintenance (O&M) requirements; (7) compliance with
all ARARs, pertinent codes, and standards; (8) technical factors of importance to the
design and construction including use of currently accepted environmental control
. measures, constructability of the design, and use of currently acceptable construction
practices and techniques. The interim soil RA for this site consists of a single phase
surface and subsurfac::e soil excavation and disposal. The anticipated limits of excavation
are presented in Figure 4-1. The remedy involves excavation and disposal of
contaminated soil, confirmation sampling, backfilling, and site restoration. The
following sections outline design criteria for major components of the soil interim RA.
4.2 Cleanup Standards
The !ROD for the RAM Leather Care site, dated September 2004, establishes the soil
performance standard of 3 ug/kg of PCE. Soil not meeting this perfom1ance standard
will be excavated and sent off-site for disposal in a Subtitle C or D landfill.
4.3 Technical Design Standards
Documentation for the completion of the soil interim RA for Black & Veatch will
include: a RA Work Plan (RA WP); Site Management Plan (SMP) [includes a
Construction Health and Safety Plan (CHASP); Field Sampling Plan (FSP); Data
Management Plan (DMP); and a Pollution Control and Mitigation Plan (PCMP)]; Daily
Quality Control Reports (DQCRs), progress reports; and a RA Report. Documentation
for the completion of the soil action for the subcontractor will include: a work plan;
health and safety plan; O&M procedures; any necessary permitting documents; and
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EPA Contract No. 68-W-99-043 .
Work Assignment No. 369-RDRD-A4 l 9
Pre-Final Design Report for Soil Interim Remedy
Revision 1
February IO, 2006
cleanup validation reporting, where applicable. All activities described herein will be
performed under a performance work statement by a qualified soil remediation
subcontractor.
4:3.1 Soil Confirmation Testing
Soil confirmation samples shall be collected from the anticipated excavation walls prior
to soil excavation. Conducting confirmation sampling prior to excavation will enable the
subcontractor to plan the work sequences most efficiently and anticipate the actual limits
of excavation.
Samples will be collected from nine Geoprobe® borings located along the perimeter of
the soil excavation area. Each boring will be advanced to IO feet bis, 20 feet bis, and 26
feet bis where a confirmation soil sample will be collected at each depth (total of 27
confirmation samples). The confirmatory sampling layout is presented in Figure 4-2. ·
The 10-and 20-foot sample depths have been selected for confirmation sampling due to
high detections of PCE at these depths in historical samples; the 26-foot sample depth
has been selected for confirmation of chlorinated solvent concentrations at the maximum
depth of the excavation. The nine borings are spaced out as such; two per 50-foot wall, ,_
one per 25-foot wall, and one per each of the shorter length walls (IO and 15 feet). If the
I 0-foot sample or 20-foot sample meets the performance standard (3 ug/kg for PCE),
then the corresponding quadrant or half of the excavation wall the sample was collected
from will be assumed clean. However, if the IO-foot sample or 20-foot sample exceeds
the performance standard, the corresponding excavation wall quadrant or half will be
assumed contaminated. In addition, a portion of each confirmation sample will be.
collected for possible Toxicity Characteristic Leaching Procedure (TCLP) VOC analysis;
upon receipt of the VOC analytical results, the three confirmation samples containing the
highest observed levels of chlorinated solvent contamination will be submitted to the
laboratory for TCLP VOC analysis.
Soil samples will be collected using EPA-approved sampling equipment and Encore®
samplers. All samples will be shipped to a pre-approved laboratory for analysis of VOCs
(EPA Method 8260B).
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
_The total number of confirmation samples is subject to change if any one of the first set
of the 10-foot depth or 20-foot depth confirmation samples (18) does not meet the
performance standard, in which case a second confirmation sample shall be collected I 0
feet laterally from the failing sample and the excavation area shall be redefined outward
in 10-foot increments beyond the limits of excavation in the area of the failing samples.
The confirmation sampling process will then be repeated in 10-foot intervals until the soil
meets the performance standard. If a 26-foot depth confirmation sample does not meet
the performance standard, the excavation depth shall not be increased; rather the
information will be noted for any potential future soil RA activities. For cost estimating
purposes, it is assumed that all preliminary JO-foot depth and 20-foot depth samples will
exceed the performance standard and 27 additional samples (9 samples each at the 10-
foot, 20-foot, and 26-foot depths) and 10 feet of over-excavation will be required around
the north and west boundaries of the excavation area. Based on the dimensions of 190
feet long by IO feet wide by 26 feet deep, the over-excavation represents approximately
· 1,830 CY of soil.
Concurrent with cleanup verification sampling (prior to any excavation work), worst-case
subsurface soil samples will be collected from three previously sampled borings [D89 (I 0
feet bls), RL27 (25 feet bls), and RL24 (10 feet bls)) and analyzed for total VOCs and
TCLP VOCs. In addition, pre-collected samples taken from the three confirmation
locations containing the highest observed levels of chlorinated solvent contamination will
also be submitted to the laboratory for TCLP VOC analysis. Regardless of the total
VOC concentration, if all samples do not fail the TCLP test, all soils within the
excavation limits shall be classified as non-hazardous. Classifying the soils as non-
hazardous would significantly reduce costs because the excavated soils could be loaded
directly into dump trucks and would not require double-handling. Evm if the most
contaminated sample fails the TCLP, a correlation can be made between total PCE levels
and TCLP PCE which should eliminate the need for soil stockpiling and sampling for a
large portion of the soils targeted for removal. In developing costs, 50% of excavated
soil is estimated for disposal as hazardous solid waste.
4.3.2 Pre-Excavation Activities
Prior to soil excavation, two empty above ground storage tanks shall be re-located from
atop the concrete pad to a temporary location on-site prior to disposal in a Subtitle D
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
landfill. The former contents of these tanks are unknown and the bungs are missing. If
the storage tanks are steel, they may be disposed of at a metal recycler. Next, the
concrete pad (approximately 12 feet by 17 feet) shall be demolished and re-located to a
temporary location on-site prior to disposal in a Subtitle D landfill. A floor drain from
the building currently flows beneath the concrete pad; the exit point of this floor drain
shall be sealed with concrete at the face of the building foundation.
All utilities at the site will be located to ensure that they are not damaged by the remedial
· activities. In addition, precautions will be taken not to damage onsite septic facilities.
Based on the relatively small lateral area of the excavation and the absence of sloping
terrain within this area, a topographic survey will not be required. Vegetation within the
excavation area consists of grasses and brush less than 3 feet tall and may require
minimal clearing and grubbing. No trees are located within the excavation area.
Temporary safety fencing and silt fencing shall be installed prior to beginning excavation
activities.
4.3.3 Soil Excavation
Excavation of soil in two adjacent areas (Area 1 and Area 2) was anticipated in the
!ROD. Soil confirmation sampling, to be conducted prior to excavation activities, will
establish the actual limits of excavation. Areas 1 and 2, as defined in the !ROD, are
approximately 25 feet by 25 feet and 50 feet by 60 feet, respectively. As shown on Figure 4-1, the anticipated excavation limit differs from the excavation limits defined in
the !ROD in order to ensure structural stability of the adjacent building; however, the
anticipated excavation area still accounts for all detectable limits of PCE in soils in the
drum storage area (no PCE was detected in soil sample DS3 located adjacent to the
building). Soils shall be excavate_d to a depth of 26 feet bis, as specified in the !ROD.
The water table has been measured at approximately 15 feet bls; therefore, excavation
dewatering may be necessary. Water will be stored onsite in temporary storage tanks and
immediately treated upon construction of the groundwater treatment system and dealt
with as a part of the groundwater interim remedy. For purposes of cost estimation, it is assumed that dewatering will be necessary. Based on elevated detections of PCE in
several subsurface soil samples, the excavation strategy shall strive to reduce the amount
of potentially-hazardous soils by segregating low to medium level contaminated
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l9
Pre-Final Design Report for Soil Interim Remedy
Revision I
February l 0, 2006
excavated soils from the most contaminated portions of the excavation volwne (see
Section 4.3.3 for determining the leaching potential of excavated soils will be analyzed
prior to disposal at a Subtitle C or D landfill).
Excavation shall be performed utilizing conventional means such as bulldozers, track
hoes, and loaders. Dust will be suppressed using water. All excavation shall comply
with ARARs, OSHA, and state standards. Applicable OSHA standards include, but are
not limited to, 29 CFR Part 1910 (Occupational Safety and Health Standards) and 29
CFR Part 1926 (Safety and Health Regulations for Construction). Appropriate safety and
health measures pertaining to excavation access and egress, excavations more than 20
feet in depth, and excavations adjacent to a building foundation will be followed. More
specifically, OSHA Standard 29 CFR Part 1926, Subpart P, Appendix B, Footnote 3,
states that "sloping or benching for excavations greater than 20 feet deep shall be
designed by a registered Professional Engineer." Sloping means the sides of the hole
open out from the excavation, and benching is similar to sloping with steps cut into sides
of the trench. Shoring to support the walls of the excavation may also b,~ considered, if
determined appropriate by a registered Professional Engineer. To ensur(: proper design
and safety of the excavation and building support system, a geotechnical analysis shall be
required.
4.3.4 Offsite Transportation and Disposal
Based on the elevated detections of PCE in several subsurface soil samples, the leaching
potential of excavated soils will be analyzed prior to disposal at a Subtitle C or D landfill.
Full list TCLP analyses will be conducted on samples collected by the subcontractor from
the composite waste. For estimating purposes in this preliminary design report, it is
asswned that 50 percent of the excavated soils will be classified hazardous and 50 percent
of the excavated soils will be classified non-hazardous.
The selected landfill shall be approved by EPA and a declaration of "contained-in" for the
non-hazardous soils should be made to NCDENR. "Contained-in" soils are defined as
soils that are not hazardous, but contain listed hazardous waste and therefore, must be
managed as hazardous waste. Since only soil is covered in this policy, the soil "contains"
listed waste and is managed "in" RCRA. The North Carolina Hazardous Waste Section
"Contained-in" Policy for Soil Contaminated with Listed Hazardous Waste shall be
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Work Assignment No. 369-RDRD-A4 l 9
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Revision I
February 10, 2006
consulted by the subcontractor to ensure all proper soil disposal policies and procedures
are adhered to (NCHWS, 2004). The subcontractor will additionally be required to
comply with the off-site. disposal rule in CERCLA [Section 12l(d)(3)]. The
subcontractor shall weigh the soils on-site with portable scales and prepare the
appropriate waste manifests for each load. Signed analysis and chains of custody as well
as a scope of work indicating how regulated materials were identified and how regulated
soils were segregated from the non-hazardous soils shall be prepared. Completed
manifests documenting that the soils have been properly disposed of shall also be
provided to EPA.
The nearest EPA Region 4 CERCLA-certified landfill for non-hazardous wastes from
Superfund sites (Subtitle D) is the BFI-Charlotte Motor Speedway Municipal Solid
Waste Landfill located approximately 16 miles from the Ram Leather Care site •in
Concord, North Carolina. The nearest hazardous waste landfill is located in Emelle,
Alabama, which is located approximately 530 miles from the Ram Leather Care site.
In the event that 50 percent of the excavated soils are classified hazardous (per the
assumption made in Section 4.3.1), it is estimated that transportation to the Subtitle C
landfill located in Emelle, Alabama, could require up to 154 truck loads (20 CY per
load). One week for transportation and disposal has been assumed for estimating the Pre-
Final Design schedule; the actual schedule will be dependent on the final quantity of
hazardous and non-hazardous soils.
43.5 Soil Backfilling and Restoration
Clean backfill material will be obtained from a source approved by EPA. Backfill
material will be certified clean; including documentation that backfill has been tested for
target compound list (TCL) organics, target analyte list (TAL) metals, polychlorinated
biphenyls (PCBs), pesticides, and herbicides to ensure no contamination exists. The
analytical test results will be reviewed and approved by the contractor and EPA before
any of the offsite material is brought onto the s.ite.
The backfill soil will be naturally occurring soil which is free of any trash, debris, large
roots, frozen soil, excessive amounts of organic material, or other deleterious or
objectionable material. The backfill soil will not contain any stones larger than 4-inches
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision l
February l 0, 2006
and will not be excessively wet. Gravel may also be used in the deeper portions of the
excavation where compaction would be difficult. Compaction to 85% of the maximum
dry density per ASTM D-698 will be required. After backfilling and compaction of soils
within the excavation area is complete, the site will be graded to match the original
topography of the site and all areas will be seeded and mulched for re-stabilization. The
subcontractor will follow EPA Best Management Practices for erosion and sediment
control.
Site debris or waste generated during remedial activities will be cleaned up and disposed
of in accordance with all local, state, and federal regulations. Waste and debris will be
removed periodically throughout the project to prevent accumulation. All excavation
disturbances will be restored to pre-excavation conditions to prevent safety hazards,
erosion, and impacts to the property owner. All temporary structures such as security
fencing, air monitoring stations, signs, etc. will be removed from the site.·
4.4 Air Monitoring
Air monitoring for VOCs and particulates shall be performed to ensure safety of on-site
workers and nearby residents and workers. The required action level will be determined
and specified in the final design. If this action level is reached, the subcontractor will
stop work and perform additional dust suppression measures as necessary.
4.5 Site Restoration
Excavation activities will disturb the site inside the limits of excavation sho\lm in Figure
4-1 and potentially in the area immediately surrounding the excavation area. Plans and ,
specifications will require that the site be maintained in a neat and orderly fashion
throughout excavation and restoration activities. All excavation disturbances will be
restored to pre-excavation conditions to prevent safety hazards, erosion, and impacts to
the property owner.
4.6 Reporting
Draft and final completion reports shall be prepared to summarize the soil remediation
activities. The completion report shall include, but is not limited to the following:
• Final limits of soil excavation area and actual depth of soil excavation area.
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Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February I 0, 2006
• Cleanup verification soil sample location figures, data tables, and laboratory reports. ··
• Total volume of soil removed and disposed of as hazardous and non-hazardous
waste.
• Disposal facility information.
• Appropriate figures and drawings.
In addition, monthly progress reports shall be submitted to EPA Region 4 and NCDENR
during the duration of the field activities.
In the event that 50 percent of the excavated soils are classified hazardous (per the
assumption made in Section 4.3.1); it is estimated that transportation to the Subtitle C
landfill located in Emelle, Alabama, could require up to 154 truck loads (20 CY per
load). One week for transportation and disposal has been assumed for estimating the Pre-
Final Design schedule; the actual schedule will be dependent on the final quantity of
hazardous and non-hazardous soils. It is assumed that the draft completion report would
be submitted to EPA at the conclusion of the disposal of non-hazardous soils to the
Subtitle D landfill and that the final completion report would be submitted to EPA at the
conclusion of the disposal of hazardous soils to the Subtitle C landfill.
4.7 Process Flow Diagrams
Interim remedial activities at the site will generate two types of primary waste, including
contaminated soil and personal protective equipment (PPE).
Figure 4-3 shows a generalized process flow diagram for the contaminated soil waste.
Soil confirmation samples will be collected along the perimeter of the anticipated soil
excavation area. If a confirmation sample does not meet the performance standard, a
second confirmation sample shall be collected IO feet laterally from the failing sample
and the excavation area shall be redefined outward in JO-foot increments beyond the
limits of excavation in the area of the failing samples. The confirmation sampling
process will then be repeated in I 0-foot intervals until the soil meets the performance
standard. Soils will be excavated and characterized and transported.off-site for disposal
in a Subtitle C or D landfill. Upon meeting the performance standard, the subcontractor
will backfill the excavation.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Pre-Final Design Report for Soil Interim Remedy
4.8 Operations and Maintenance Provision
Revision I
February IO, 2006
Minimum requirements for O&M activities and reporting by the interim RA
subcontractor shall include monitoring and inspecting the site for inadequate vegetation
re-establishment, soil subsidence, building settling, and erosion and sedimentation. If
any of these conditions are observed, corrective actions shall be conducted as necessary
until the problems are mitigated and site vegetation is re-established. O&M shall be
conducted quarterly in the first year following the completion of the interim soil RA.
Progress reports will be submitted detailing the results of each site inspection.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 I 9
Pre-Final Design Report for Soil Interim Remedy
5.0 Basis of Design
Revision I
February I 0, 2006
The Basis of Design presents a detailed description of the evaluations conducted to select
the design approach, and shall include a Summary and Detailed .Justification of
Assumptions. This summary may include (1) calculations supporting the assumptions;
(2) a draft process flow diagram; (3) a detailed evaluation of how all ARARs will be met;
(4) a plan for minimizing environmental and public impacts; and (5) a plan for satisfying
permitting requirements.
5.1 Design Assumptions
Duririg preparation of this design, assumptions have been made regarding sequence of
work; work by others; property access; and fate, transport, and physical properties of the
contaminants of concern as they relate to remediation. A description of each of the
relevant assumptions is presented below, including a justification or supporting
documentation as to the accuracy and acceptability of each assumption.
• The soil cleanup level is 3 ug/kg of PCE, as established by the !ROD.
• Prior to excavation, a Geoprobe® rig will be used to collect 27 confirmation
samples from 9 borings to be advanced along the limits of excavation (Figure 4-
2). Results will be received prior to the start of excavation. This will enable the
subcontractor to plan the work sequences most efficiently and anticipate the
actual limits of excavation.
• An additional 27 confirmation samples (from 9 borings) are assumed for the
engineer's cost estimate because the contamination in soils has not been
delineated west and north of the proposed excavation area.
• Confirmation samples will be analyzed by a Contract Laboratory Program (CLP)
laboratory.
• Concurrent with confirmation sampling, worst-case subsurface soil samples will
be collected from three previously sampled borings (DS9, RL27, and RL24) and
analyzed for total VOCs and full list TCLP to initially characterize soil for
disposal. In addition, pre-collected samples taken from the three confirmation
locations containing . the highest observed levels of chlorinated solvent
contamination will also be submitted to the laboratory for TCLP VOC analysis.
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Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
Transportation and disposal costs will be significantly reduced if the determination is made that the most contaminated soils pass the TCLP test and are classified as non-hazardous.
• Costs for additional TCLP analyses have been included in the engineer's cost estimate in case the samples collected from the three initial borings do not pass TCLP and require additional segregation.
• Results from the geotechnical investigation, to be conducted by Black & Veatch,
will be utilized by the RA subcontractor to prepare and submit a design/plan for a shoring system ( or alternate approach) signed and sealed by a North Carolina
licensed Professional Engineer with proven competency in deep excavations and shoring systems.
• Removal and disposal of the concrete pad and empty aboveground storage tanks located on top of the pad will be conducted prior to soil removal.
• Upon removal of the concrete pad, the exit point of the floor drain piping exiting
the building shall be sealed with concrete at the face of the building foundation.
• Only grasses and brush less than 3 feet tall are present in the excavation area that may require minimal clearing and grubbing; costs associated with clearing and grubbing will not be included in the estimate.
• No access/egress ramp into the excavation area will be required because it is assumed that the excavation will be performed with all equipment remaining on the natural land surface.
• Shoring or sheet piling, if chosen as the support· measure by the Professional
Engineer, shall not hinder excavation adjacent to the building and therefore be installed parallel to the building side. If sloping along the other sidewalls is required, the additional soils excavated for sloping shall be stored and used as excavation backfill.
• No excavation shall be conducted beneath the adjacent building.
• Soil excavation will be conducted down to 26 feet bis and laterally to the extents determined during confirmation sampling; future remediation efforts will address
contamination present below 26 feet.
• Excavation may require dewatering. Water will be stored onsite and immediately
treated following construction of the groundwater treatment system and dealt with as a part of the groundwater interim remedy.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 I 9
Pre-Final Design Report for Soil Interim Remedy
Revision 1
February 10, 2006
• Access to adjacent properties not owned by the site owner will not be required.'
• No wetlands are present in the vicinity of the site.
• Coordination and approval with water and land management county agencies will
be required. A local erosion and sediment control permit will not be required
because the area of disturbance is less than I acre; however, erosion and
sedimentation control measures will be taken.
• No air emissions permit will be required. However, dust monitoring will be
performed during soil removal activities and if health and safety action levels are
exceeded dust suppression measures will be taken.
• No confirmation sampling of the base of excavation area will be performed
because any contamination that may be present at or below that depth will be
addressed in the groundwater interim remedy.
• There will be no discharge of liquid or solid wastes generated during the soil
remedy into surrounding surface water bodies (drainage ditch, pond south of the
site). It is assumed that liquid wastes will be stored onsite to be subsequently
treated by the treatment system associated with the groundwater interim remedy,
and all solid wasted will be transported offsite and disposed of in an appropriate
landfill.
• A total soil disposal volume of 5,330 CY is estimated. A volume of 3,500 CY is
estimated based on the IROD excavation area. Due to the assumption that over
excavation will be required, it is assumed that approximately 1,830 CY of
additional soils above the !ROD volume will require removal. It is assumed that
50 percent of the volume (2,665 CY) will be classified non-hazardous and can be
disposed in a Subtitle D landfill, and that 50 percent of the volume (2,665 CY)
will be classified hazardous and will require disposal in a Subtitle C hazardous
waste landfill.
• O&M shall include monitoring and inspecting the site for signs of inadequate
vegetation re-establishment, soil and/or building subsidence, and erosion and
sedimentation, and shall be conducted quarterly in the first year following the
completion of the interim soil RA. Quarterly reporting will be conducted. It is
assumed that minimal corrective action (i.e., reseeding) will be required during
each quarterly visit.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
5.2 Remedial Action Subcontractor Activities
Revision I
February IO, 2006
RA soil interim remediation subcontracting activities, under a fixed-price performance-
based subcontract with unit price adjustments, will include a soil removal action. The
soil remediation subcontractor-selected to conduct the soil removal will be responsible for
the following:
• Attending a pre-construction meeting to be held at the site within 30 days of the
Notice of Award.
• Coordinating with and obtaining approval from water and land management
county agencies.
• Notifying the contractor (Black & Veatch) of the need for any site access
required at off-site locations.
• Preparing planning documents, including a SMP and a RA WP for the soil
remediation.
• Preparing DQCRs.
• Preparing EPA Progress Reports, as specified.
• Prior to excavation, using a Geoprobe® rig to collect cleanup confirmation
samples. Utilizing the results to plan the work sequences most efficiently and
anticipate the actual limits of excavation.
• Concurrent with confirmation sampling, collecting worst-case subsurface soil
samples from three previously sampled borings (DS9, RL27, and RL24) and
analyzing for total VOCs and full list TCLP to initially characterize soil for
disposal. Utilizing the results to refine costs and quantities for loading and
disposal.
• Utilizing results from the geotechnical investigation, conducted by Black &
Veatch, to prepare and submit a design/plan for a shoring system ( or alternate
approach) signed and sealed by a North Carolina licensed Professional Engineer
with proven competency in deep excavations and shoring systems.
• Installing and maintaining safety, security, and erosion control measures.
• Removing and disposing of the concrete pad and empty aboveground storage
tanks located on top of the pad prior to soil removal in accordance with local,
state, and federal regulations.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision l
February 10, 2006
• Conducting clearing and grubbing of grasses and brush present in the excavation
area if necessary.
• Sealing the exit point of the floor drain with concrete at the face of the building
foundation.
• Preparing a revised RA WP to include shoring system design and results of
confirmation sampling and revised excavation boundaries and soil volumes.
• Installing shoring system ( or alternate excavation support system), as required by
the engineering design.
• Conducting soil excavation to 26 feet bis and laterally to the extents determined
during confirmation sam piing.
• Dewatering excavation as necessary.
• Stockpiling excavated soils and conducting full list TCLP analyses on excavated
soil.
• During site activities conducting air monitoring for VOCs and particulates.
• Loading and disposing of soils at a Subtitle C or D landfill based on TCLP
results, in accordance with local, state, and federal regulations.
• Backfilling the excavation area and compacting the soil.
• Re-grading excavation area and applying seed and mulch.
• Restoring all excavation disturbances to pre-excavation conditions, including
d~bris removal.
• Preparing RA Report to summarize the soil remediation activities.
• Monitoring and inspecting the site for signs of inadequate vegetation re-
establishment, soil subsidence, building settling, and erosion and sedimentation
quarterly for one year and conducting corrective actions as necessary until the
problems are mitigated and site vegetation is re-established.
5.3 Permitting
In accordance with the provisions of CERCLA and SARA Black & Veatch does not
anticipate the need for a formal federal, state, or local permit application and approval
process in order to perform the proposed RA. The work, however, will need to comply
with the intent of the applicable permits. Based on a review of the project, evaluating
ARARs, reviewing the !ROD, and contacting the Mecklenburg County engineer, permits
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Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
are not required, but all work shall be coordinated with local water and land management
agencies.
5.4 Land Acquisition and Easement Requirements
No land acquisition or easement access will be required because all soil interim RA
activities are to be conducted on land belonging to Mr. Worley, the site owner. Access to
adjacent properties not owned by the site owner will not be required.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD:A4l9
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
6.0 Pre-Final Design Drawings and Specifications
6.1 Pre-Final Design Specifications
Pre-Final Design Specifications in the form of a PWS are included in Appendix A. The general
outline of the PWS which is intended to serve as the scope of work in the RA subcontract is
presented below:
Section 1 -Introduction
• Project goals
• Purpose
• Site location and description
• Site history
• Hydrogeologic Settings
• Soil Characterization and Extent of Contamination
Section 2 -Scope of Work
• Project overview
• Overview of subcontractor services to be provided
• Overview of contractor's responsibilities
• Compliance with the Davis-Bacon Act
Section 3 -Requirements
• Project overview and general requirements
• Site-specific plans, including a RA WP and a Site Management Plan (which
contains a Construction Health and Safety Plan, a Field Sampling Plan, a Data
Management Plan, and a Pollution Control Mitigation Plan)
• Remedial activities, including soil confirmation testing, pre-excavation
activities, soil excavation, offsite transportation and disposal, excavation
backfilling and site restoration, and pre-final and final site inspections
• Site Restoration
• Operations and maintenance activities
• Reporting, including Daily Quality Control Reports, Progress Reports, and
RA Report
' 6-1
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Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
• Summary of performance requirements
Revision I
February IO, 2006
The subcontract bid documents (Appendix A) will also include the Bidding Requirements,
Subcontract Forms, Clarifications and Addenda, and Conceptual Drawings. The technical
approach is anticipated to be included in bid proposals from the qualified RA soil subcontractors.
6.2 Drawings and Schematics
Drawings and schematics included in this report are intended to convey general site information
that, along with additional site information gathered during the geotechnical investigation, will
be utilized by the interim RA subcontractor to develop formal drawings and schematics. Figures
included in this report show contaminant concentrations in the soil (Figure 2-2), the anticipated
soil excavation area (Figure 4-1 ), and an example confirmation sample layout (Figure 4-2).
Figure 4-3 provides a generalized process flow diagram for the contaminated soil waste. Soil
confirmation samples will be collected along the perimeter of the anticipated soil excavation
area. If a confirmation sample does not meet the performance standard, a second confirmation
sample shall be collected JO feet laterally from the failing sample and the excavation area shall
be redefined outward in 10-foot increments beyond the limits of excavation in the area of the
failing samples. The confirmation sampling process will then be repeated in 10-foot intervals
until the soil meets the performance standard. Soils will be excavated and characterized and
transported off-site for disposal in a Subtitle C or D landfill. Upon meeting_ the performance
standard, the subcontractor will backfill the excavation.
6.3 Operation and Maintenance Requirements
Minimum requirements for O&M activities and reporting by the interim RA subcontractor shall
include monitoring and inspecting the site for signs of erosion and sedimentation, and perform
corrective actions as necessary until site vegetation is re-established. O&M shall be conducted
quarterly in the first year following the completion of the interim soil RA.
6.4 Remedial Action Specifications
The outline of the Black & Veatch bidding documents, technical specifications, and drawings ·
anticipated to be used for the RA Solicitation is as follows:
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
PROPOSAL REQUIREMENTS
Request for Proposals
Instructions to Proposers
Proposal Form
Revision I
February IO, 2006
Attachment No. I -Representations and Certifications Regarding Subcontractor Status
Attachment No. 2A -Listing of Lower-Tier Subcontractors
Attachment No. 2B -Listing of Suppliers
Attachment No. 3 -Experience and Safety Questionnaires
Attachment No. 4 -Certification of Training, Medical, and Safety Requirements
Attachment No. 5 -SOB Utilization
SUBCONTRACT FORMS
Subcontract Agreement
Attachment A -Performance Work Statement
Attachment B -Subcontract Sum and Terms of Payment
Attachment C -Prime Contract Clauses
Attachment D -Insurance Requirements
Attachment E -General Terms and Conditions
Attachment F -Special Conditions
Attachment G -Safety and Health Requirements
Attachment H -Construction Health and Safety Program
Attachment I -Davis-Bacon Wage Rates
Attachment J -Performance and Payment Bond Forms
6.5 Design Review Checklists
The Pre-Final Design has been reviewed to determine the biddability, constructability,
operability, claims prevention, and environmental soundness of the design using checklists as
outlined in the EPA Remedial Design/Remedial Action Handbook, Appendix C (EPA, 1995).
The purpose of each checklist is described in the following subsections. The checklists are
presented in Appendix B.
6.5.1 Biddability Review
Biddability references the degree to which the design documents can be understood, bid on,
administered, and enforced. The purpose of the biddability review is to ensure that the
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Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision 1
February 10, 2006
construction package if free of significant design errors, omissions, and ambiguities, permitting
prospective bidders to respond in a reasonable manner at reasonable costs. The design is
analyzed for consistency within the bid documents. The bid and design documents should be
clear, comprehensive, and manageable, and the bid documents should provide protection against
any claims (EPA, I 995).
6.5.2 Operability Review
The purpose of the operability review is to determine whether the designed system(s) will
function in an optimal manner as designed and whether it can be maintained per its intended use.
This is a specialized review that is limited to O&M issues (EPA, 1995).
6.5.3 Constructability Review
The purpose of the constructability review is to determine the "buildabilty" of the design. The
design is evaluated from accuracy, consistency, compatibility, and completeness. It also
provides an opportunity to eliminate impractical and inefficient RA requirements as well as any
deficiencies in contract documents. Enhanced constructability results in the lowest possible
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contract price with minimum risk to all parties and timely completion of the project with
minimum contractor claims (EPA, 1995). I
6.5.4 Claims Prevention Review
The purpose of the claims prevention review 1s to eliminate conflicts, inconsistencies,
ambiguities, errors, omissions, or other identifiable problems in drawings/specifications and
contract documents subject to contract modifications and constructor claims. By identifying
causes or events which could lead to claims, the claim complexities can be reduced to basic
claim types and a prevention program designed around those basic claim types (EPA, 1995).
6.5.5 Environmental Review
The purpose of the environmental review is to ensure that the design will meet the technical
requirements of the !ROD and ensure consistency between the implementation plans and current
regulatory and policy requirements. The review also determines the adequacy of documents that
address potential environment releases during construction and contingency plans. The object is
not to reevaluate ARARs but determine if the design incorporated adequate technical and
administrative steps to meet the ARARs identified in the IROD.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l9
Pre-Final Design Report for Soil Interim Remedy
7.0 Value Engineering
Revision l
February 10, 2006
Value engineering services are required of all federal contracts, when appropriate, to
reduce non-essential procurement and progiam costs (EPA, 1995).
Value engineering is an organized effort directed at functions of systems, equipment,
facilities, services, and supplies analyses for the purpose of achieving the essential
functions at·the lowest life-cycle cost consistent with required performance, reliability,
'quality, and safety of the project. Value engineering during an RD focuses on
functionality and reducing the investment necessary to achieve the design function (EPA,
1995). Basic value engineering will be performed during the selection and sizing of all
equipment and services.
7.1 Evaluation of Value Engineering Screening
A value engineering screening was conducted to identify any potential high cost design
elements or subsystems that may become candidates for a formal value engineering
study. The screening consisted of answering questions developed by the Society of
American Value Engineers (SA VE) to identify candidates for a value engineering study
(EPA, I 995). These questions and the answers to these questions are provided in Table
7-1.
Based on the responses to the above questions, there is not rationale to justify the
authorization of a value engineering study for the soil remediation project portion of the
RD for the Ram Leather Care site.
7.2 Incorporation of Value Engineering Principles into Projed
The Subcontract Award Documents for the RA scope of work will require the
incorporation of value engineering principals, wherever possible, into the construction
portions of the soil RA for the Ram Leather Care site. Items specifically addressing
value engineering principles will be highlighted in the subcontract award submittals from
the subcontractors.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
8.0 Project Delivery Strategy and Schedule
8.1 Project Deliverables
Revision 1
February 10, 2006
As the prime contractor under EPA R~gion 4 Contract Nwnber 68-W-99-043, Black &
Veatch will complete the Final Design for the Ram Leather Care site under this work
assignment Number 369-RDRD-A419. The major project deliverables to be prepared
under this RD are defined in the work plan and SOW and are listed in Table 8-1.
It is asswned that subsequent to the completion of the docwnents listed in Table 8-1 for
this work assignment and the selection of a qualified performance-based soil remediation
subcontractor, Black & Veatch will complete the RA using these documents in a new
work assignment under EPA Contract 68-W-99-043 or similar contract vehicle. The
project delivery strategy incorporates key features of the Final RA Contract Docwnents
that will ensure success for the EPA in the subsequent RA.
8.2 Quality Assurance/Quality Control
Design · quality assurance/quality control (QA/QC) will be critical to the successful
completion of the soil interim remedy. The work assignment QC measures for the
remedial design are described in the Remedial Design Work Plan dated December 6,
2004 (Black & Veatch, 2004). The major project deliverables defined in the work plan
and SOW that will be subject to the work assignment quality control measures are listed
in Table 8-1.
8-1
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Table 8-1
Project Deliverables
Project Deliverable
Pre-Final Design for Soil Interim Remedy, Revision 0
(including Draft Subcontract Bid Documents and
Performance Work Statement)
Pre-Final Response to Comments
Pre-Final Design for Soil Interim Remedy, Revison 1
Request for Proposal (RFP) to Subcontractors
8.3 Project Performance
Projected Date
of Submission
12/23/2005
1/17/2006
2/10/2006
To Be
Determined
Revision I
February 10, 2006
Number of
Copies
5
Electronic
mail
5
To Be
Determined
The proposed soil RA for this site should not be considered a simple soil excavation and
disposal project. Aspects of the RA which significantly contribute to its complexity are
as follows:
• The 26-foot proposed depth of excavation (approximately 10 feet below the water table).
• The presence of the large facility building in the immediate vicinity of the proposed 26-foot deep excavation.
• The need for a design of a shoring system along the excavation wall adjacent to the facility building, and potentially along additional walls of the excavation.
• The relatively unknown lateral extent of contaminated soils requiring removal.
Black & Veatch, as prime contractor, has devised a project delivery strategy which will
allow the remediation subcontractors to develop accurate cost estimates, minimize their
field inefficiencies and costs, and minimize economic risk to the EPA. Key components
of Black & Veatch's strategy include, but are not limited to the following:
• Prior to the RA subcontract solicitation, Black & Veatch will conduct a
geotechnical investigation of the subsurface soils in the vicinity of the building
immediately adjacent to the planned excavation work. Based upon their review of
the geotechnical data, proposers will be able to estimate the required level of
effort needed to design an excavation support system, prepare a conceptual design
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l9
Pre-Final Design Report for Soil Interim Remedy
Revision l
February 10, 2006
of the proposed support system, and provide estimated costs to construct the
system.
• All proposers will be required to submit a conceptual design and cost of their
proposed shoring and sloping plan with their cost proposal. That design and cost
will be the basis for potential cost adjustments to the selected subcontractor in the
future if their detailed support system design requires modifications or if field
conditions warrant a change.
• The subcontractor will be required to perform soil cleanup confimiation sampling
and TCLP sampling (using a drill rig) prior to the start of any excavation work so
that most, if not all, the dimensions and layout of the excavation are determined in
advance. This will enable the subcontractor to optimize field activities including
use of the limited work area. This will also eliminate the need to wait on
laboratory results which will minimize downtime in the field. TCLP sample
results will be used by the soil remediation subcontractor in determining
preliminary estimates of the level of effort and costs needed for soil disposal from
the Ram Leather Care site.
• The two largest cost elements of the project, soil excavation and soil disposal, will
be bid on a unit-cost basis. It is anticipated that soil excavation will be bid as
$/CY in-place, and soil disposal will be bid as $/ton. Soil excavation may also be
divided into two categories: soils above 13 feet bis and soils below 13 feet bis.
This approach will provide the subcontractor with incentive to maximize field
efficiencies while at the same time limit economic risk to the EPA for slow
progress or problems due to subcontractor inefficiencies. Utilizing the two
different soil depth categories is intended to more accurately reflect the higher
costs associated with the deeper excavation work that requires sloping, shoring, or
shielding support systems.
As described in the Remedial Design Work Plan dated December 6, 2004 (Black &
Veatch, 2004), documents related to the soil interim remedy include:
• Preliminary Design Report for Soil Interim Remedy (including: Basis of Design
Report, Design Criteria Report, Project Delivery Strategy and Scheduling,
Preliminary RA Schedule and Cost Estimate) and responding to all comments.
• Long-Lead Procurement Items.
8-3
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
Revision I
February IO, 2006
• Pre-Final Design for Soil Interim Remedy that incorporates the RA Subcontract Bid Documents and any changes since the preliminary design submittal, and responding to all comments.
The RA Subcontract Bid Documents are included in Appendix A of this document.
It is assumed that after completion of the above documents in this work assignment and the selection of a qualified performance-based soil remediation subcontractor, EPA Region 4 will complete the RA using these documents in a new work assignment under
EPA Contract 68-W-99-043 or similar contract vehicle.
A performance-type specification has been prepared for the soil excavation and site
restoration process as a feature of the project delivery strategy. Qualified RA subcontractors will be provided estimates of levels of site soil contamination, the estimated quantity of soils requiring excavation, and the standards required for both the off-site disposal of contaminated media and the restoration of the site. In addition, the subcontract bid document will present a fixed-price performance-based work statement and performance-based metric goals as related to work completion and compensation.
The selected RA subcontractor will be required to design and implement an excavation/restoration plan capable of achieving the required standards for removal and disposal of contaminated soil and restoration of the site.
During the interim RA for soil at the site, the limits of excavation, the engineering design
for the excavation area, and the process of backfilling and restoration of the site may require adjustment to achieve the remediation objectives. Fixed unit pricing will be incorporated into the Final Contract Documents to allow adjustments to be made by the remediation subcontractor, such as additional soil removal, with the approval or at the direction of EPA Region 4.
The project delivery strategy will be in accordance with the Prime Contract, the Prime
Contract Small Business Utilization Goals, and the appropriate FAR clauses. A feature of the project delivery strategy is to prepare the Final Contract Documents for subsequent
bidding and award to a Small Business. This will be accomplished by either pre-
qualifying only Small Businesses as potential subcontractors, or by giving preference to
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Pre-Final Design Report for Soil Interim Remedy
Revision I
February 10, 2006
Small Businesses in their bid evaluation. An important consideration during pre-
qualification will be to ensure that the Small Business employs or hires a consultant
registered Professional Engineer licensed in the state of North Carolina to perform the
design of the excavation shoring. Preference may be given in a IO percent price
differential or a weighted evaluation process that assigns higher points to a Small
Business as part of an overall evaluation process firms.
8-5
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 I 9
Pre-Final Design Report for Soil Interim Remedy
Revision I
~ebruary I 0, 2006
9.0 Pre-Final Design Remedial Action Construction Schedule
A pre-final RA construction schedule is presented in Appendix C. The entire duration of
the schedule is approximately 9 months, which includes procurement, pre-mobilization,
field activities, and reporting. Another 12 months of O&M will occur after the
completion of the project or longer if needed to ensure a properly vegetated site. The
schedule is based on the Notice to Proceed being issued on May 15, 2006.
9-1
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
10.0 Pre-Final Design Cost Estimate
Revision 1
February 10, 2006
A pre-final RA construction cost estimate was prepared using Remedial Action Cost
Engineering and Requirements (RACER) software program as well as a standard spread
sheet estimate. Copies of the RACER outputs are provided in Appendix D. Costs of
individual components of the soil interim RA were estimated using RACER, and these
costs are summarized on Table I 0-1 along with legal fees, permits, and other licenses
(5% of capital costs), contractor fee (10% of capital costs), and contingency (15% of
capital costs). The pre-final cost estimate for the total present worth cost of the interim
soil remedy at the Ram Leather Care is $I, I 08,440.
It is noted that the present worth preliminary cost estimate presented in this design report
is approximately 4 percent lower than the cost estimate presented in the FFS and !ROD.
The most significant reduction in cost resulted from the difference is disposal fees. The
disposal fees for the closest Subtitle D landfill ($ I 8/CY) and Subtitle C landfill ($28/CY)
were considerably less than the disposal fee at a Subtitle D landfill ($65/ton or $65/CY as
assumed in the estimate) that was developed in the FFS.
10-1
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Pre-Final Design Report for Soil Interim Remedy
11.0 References
Revision 1
February 10, 2006
Black & Veatch, 2004. Black & Veatch Special Projects Corp., Draft Remedial Design
Work Plan/or the Ram Leather Care Site, December 6, 2004.
EPA, 1995. U.S. Environmental Protection Agency, Region 4, Office of Emergency and
Remedial Response, Remedial Design/Remedial Action Handbook, 9355.0-04B, PB95-
963307, EPA 540/R-95/059, June 1995.
EPA, 2000. U.S. Environmental Protection Agency, Region 4, Science and Ecosystem Support Division, Remedial Investigation Report, Phase I, March 14, 2000.
EPA, 2004a. U.S. Environmental Protection Agency, Region 4, Statement of Work for the Remedial Design, Ram Leather Care Site, Mecklenburg County, North Carolina,
September 27, 2004.
EPA, 2004b. U.S. Environmental Protection Agency, Region 4, Intt,rim Record of Decision for the Ram Leather Care Site, September 2004.
Federal Emergency Management Agency, 1993. Flood Insurance Rate Map,
Mecklenburg County, N.C., Panel 130 of 210, February 3, 1993.
NCHWS, 2004. North Carolina Hazardous Waste Section. Contained-in Policy for Soil Contaminated with Listed Hazardous Waste, Revised March 2004.
Tingle, I 991. William R. Tingle, Bold Research Labs, Technical and Field Data Report for Ram Leather Care, October 30, 1991.
U.S. Dept. of Agriculture, 1980. U.S. Department of Agriculture, Soil Survey of
Mecklenburg County North Carolina, pp. 11-12 and sheet 9.
U.S. Dept. of Commerce, 1963. U.S. Department of Commerce, Rainfall Frequency
Atlas of the United States, Technical Paper No. 40, U.S. Government Printing Office, Washington,D.C., 1963.
U.S. Dept. of Commerce, 1979. U.S. Department of Commerce, Climatic Atlas of the
United States, National Climatic Center, Asheville, N.C., 1979.
USGS, 1980. U.S. Geologic Survey, Geologic Map of North Carolina, and Explanatory
Text., Bulletin Number 71, North Carolina Department of Conservation and
Development, 1958, and Heath, Ralph C., Basic Elements of Ground Water Hydrology
with Reference to Conditions in North Carolina, Open File Report 80-44, pp. 26-29.
11-1
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Table 7-1
Value Engineering Screening*
Ram Leather Care Site
Screenin2 Questions Response
Is the item exoensive? No. Typical of soil removals.
Is the item complex? No. Similar in complexity to other soil removals which
may also reqllire deep excavation and a soil retention
svstem.
Is it a high volume item? Can a simple change in The excava~i~n and disposal can both be considered high
one item produce large savings in the total project? volume. Pncmg per CY or other acceptable unit for each
of these items can siQtlificantlv imoact costs.
Does it have hioh O&M costs? No. Typical of soil removals of relatively short durations.
ls it difficult to construct? No. Typical of soil removals reqlliring deep excavation.
Does it require specialized skills to construct or Specific licenses are needed to treat, transport, and
operate? dispose of soil, and a registered Professional Engineer in the State of North Carolina must sign off on the
excavation support system if greater than 20 feet deep and
buildin2 sunnort systems.
Does it use obsolete materials and methods? No. Typical of soil removals.
Was the desion rushed? No. Typical of soil removals.
Does it use traditional desiO'Tl? Yes. Typical of soil removals.
Is the competition producing the item as a lower No. Typical of soil removals.
cost?
Does the design advocate using proprietary No. Typical of soil removals.
technology? (Royalities, which must be paid for
proprietary technology, could be avoided by
considerin2 other ontions.)
Will it require highly trained personnel to operate? No. There is an abundance of qualified firms with
oersonnel trained to oerform the necessarv tasks.
ls the design treating everything using a single The treatment chain typically consists of multiple pieces
piece of equipment. when several pieces of that would not necessarily be more cost-effective and
equipment would be more cost-effective and efficient than one piece of equipment that may contain all
efficient? the individual pieces.
Is the design using technology already proven in Yes. Typical of soil removals.
industry in similar (not necessarily in the hazardous
waste field) commercial applications? (Look to
chemical processing. oil refining, field production,
etc.)
Has the design used predesigned skids or Specific treatment chain design will be based on what the
_equipment packages effectively? soil remediation subcontractor submits. Because the
operation will be a temporary one, the effectiveness of the
equipment package(s) is not as critical as operations of
much lonsz:er durations . • Source. U.S. Environmental Protectton Agency, Remedial Design/Remedial Action Handbook EPA 540/R-95/059, June 1995 (EPA, 1995). ' '
I Tabla 10.1 Pre-final CO$! Wm•te -$ojl lnterlm Remedy Ram Leather Cua •· Mecl<.l.,,burg County, Nor1h C.1oliNI Soll Excavation, Off-site TranaportatJon, and Dl1pou.L at Sublltla D L.andflll (2,HI CY) and Subtllla C LandflU (2,111 CY) •• Estfflallld Annual Cost Value Jn P,.unt Worth Coat' Item Oncrlptlon v .. , "'"' Qllllntlty UnltPrica Pn,unt S vaiu. in Pr9Mhl. No Olaco11n1 Rate 7% Discount Rate SrTE..SP ClFIC PLANS Ramaiil ~n Woili Plan ' "' ' m.m.,a s 11,m.2111 11715.29 PRE-EXCAVA'rioFJ ACTIVITIES I Prolanlonal Engln"rlng 0.algn P■rml!llng, geotechnical ledng, and daslgn for HCawlion ur~. 0 EA , ' 40,281.34 S 40,281.3' S 40,291.3-( Moblllallon/DemobUlzatlon Mobllza Equipnanl 0 EA ' ' 2,531128 S 7,817.IM S 7,817.IM Mobllb:aCr-0 EA ' ' 450.lS S 1,351.05 S 1,351.05 p.,~m 0 DAV 270 ' ITU7 S 30,0lle.lKI S 30,0IMUI0 I, Excavalion Lebor 0 HR "" ' 18.78 S 40,S&UJ0 $ 40 504.80 EXCAVATION GaoProtM lnatad 3 points fo, W111te ch.lraehlriation INllng 0 EA ' ' 430.70 s 1,29:2.10 S 1.2112.10 ~U 1 8 pojnta lor ,;onilmlallon umping 0 EA " ' 430.70 ' 7,752.110 S 7,752.110 'Confirmation Sampling Diapoubl■Hmpl■,w 0 EA " s 7.57 S -40a.78 S -40ll,78 I Sol voe 1n11yMt, 0 EA " ' 19-4.27 S 10,-4110.58 S 10,-4110.58 Wut■ Chu■ct■rlzatlon Sampling Prior to Excavation (COlb ■r■ included below In Offalto Llnd"!ling) _..,, R■mow c■ment pad ■nd 2 ■mpty AST1. tr.n■port. 0 LS , s 571.13 • 571.13 S 571.13 and dllpoa■ ofln loc■l l■ndllll T■mporary Sal■ty F■nclng 0 LF ,00 ' 5.-40 ' 1,820.00 S 1,020.00 I Ero1lon Control MH111ra■ Vinyl 11n: ranea Ydtll po11a 0 LF ,00 s 2.22 ' 66e.OO S "'·00 HHlth Ind 81f■ly SIHI shooting for ueav■lkm 11lnforcom1nt 0 SF 7500 ' 9.49 S 71,175.00 S 71,175,00 DIIJloN,bl1 l111J1 91ovft 0 ,~. 500 s 020 S 100.00 $ 100.00 Pottablo U Hmplor 0 "" 3 ' 111.-40 $ 2-4-4.311 $ 2-4-4.311 I Dil;:,oubll Tywk COVlllllla 1nd boot coven 0 P~R " ' 5.-41 ' 351.115 $ 351.115 RNpl'lto,._ nogallvl pr.....,ra 0 EA • s 2-4.n $ &fl.lil2 s 9U2 8011 Excavation Excavator • IROD Hcavalion 1111 0 CV ,SQQ s 2.87 S 10,0-40.08 S 10.0-40.011 fu1v■tur • OVll~xe■v■llon 0 CV ,.,o ' 2.117 S 5,252.10 $ 5,252.10 Pladc wast, pil■ cov■r 0 " "'" ' 0.13 S 7,318.1-4 S 7,318.1-4 EqulpnMnl dKOnlilmlnallon 0 EA , ' 3011.115 S 308.85 S ,orn I Du■t Control WIii/ing tNck-5 1)1111■/dlV OWf 0.1 ■cr• for 21 day■ 0 AC 1-4.5 ' 71.34 S 1,034.-43 $ 1,034,43 Dow1torlng . T Dia motif Contr.cto~, T1uh Pump, 75 GPM 0 OAV " s -4U9 S 5118.1!18 $ 598.88 2• Poly.itl)'l1na M1)dbl1 tubing, SOR 15, 125 _. D LF ,oo ' 1.111 $ 1111.00 $ 1111.00 G1n1r1!or 0 "" 2 ' Si0.00 S 1,180.00 $ 1,180.00 I ThrN 21,000 gallon fnlc tankl for-llr stonigo for 3 monlh■ or 93 da.,.. per tank 0 DAV "' ' 40.00 $ 11,1110.00 S 11,1110.00 Tank delivery Ind pickup ($711/hrdalMfy plu. SM\r fuel surd11rg1)-...ilm1II 1 llour ($41) 11cll -Y I'll tonk 0 HR • s 81.00 S 488.00 S -488,00 B1ck1UI Excavetod Area with Cl■1n FIii (lneludq an utt■ 15% by voluma to ■ccounl for compa,;tion, and lneludq dallvery, apr11dlog and compa<;llon) 0 CV 8130 ' 9.12 S 55,901.<M $ 55,1101,IM I Grading and Comp■cttng 0 AC 05 s M.34 S -42.17 S 42.17 SNdlng ind V1111t11tlw Cover 0 AC o., ' 3,505.80 $ 1,752.80 $ 1,752.80 · OIT.Sb l.lndflUlng '°wnlo diaracterlzalion • TCLP 0 EA " s 829.711 S 35,268.SII S 35.268.SII Dump !ruck loedlng, 2CY loeder (Sublltlo D) 0 HR .. ' Sll.52 S 2,48888 $ 2,-4811,88 Dump truck lnlnsportallon, 20CY truck (Subtitlo D) 0 HR "' ' 78,72 S 17,712.00 S 17,712.00 Dump truck tran1portallon (Subtltje C) 0 " 1632-40 ' 1.8-4 S 300,301.80 $ 300,381.80 I Bulk Solid Haurdou1 Wasto Loadlog 0 CV "" ' t.63 S -4,&85.115 S -4,8115.85 Dump truck docontaminllllon (IOI h~ -II•) 0 EA '" s 1-47.98 $ 22,788.82 $ 22,7811,lil2 DilpoMI 11 Sublldo C Llnd!III (HIUffllll 50% oftctal YOlumo, Jlcludq 15% for 1ipanslon) 0 CV "" s 28.00 S 85,820.00 S !5,820,00 Dilpoaal 11 Subllda D l.lnd1111 (11111mq 50% ol tclll volwno, lncludq 15% for a.,:panalon) 0 CV "" ' 18.00 S 55,170.00 S 55,170.00 I Raportlng Draf1Compl1Uon Report, Fln,1 Completion Raport, •nd -4 Progr-Raporta 0 EA , ' 8,218.20 $ 9,218.20 $ 8.218.20 Subtolal s 850,-414,5-4 S 850,41-4,5-4 Legal 1111, l)llrmrla, 1nd o!hor llc■ naas (5% of capital COS!I) s -42,520.73 S -42,520.73 I, Conll'acto1 F-(10% olcapltal co■ta) s 85,11-41,-45 $ 85,0-41.-45 ConUng1,icy (15% ol capltal coataf s 127,5112.18 S t27,Sll2.18 TOTAL Capital Cost I 11105,Sll.lO f 1,105:531.10 O&M ACTIVITIES O&M. 111 Quart■, following complallon 05 EA , s 1,017.01 $ 1,017.01 S &fl3.18 I O&M -2nd Ouartar following completion 0.75 EA , s 1,017.01 ' 1,017.01 $ 1188.1111 O&M. 3rd Quartar lolloWWlg completion , EA , ' 1,017.01 S 1,017.01 S 950.-411 O&M. -4th Qu■rllf fo!l°".'1f'A eomplellon 1.25 EA , ' 1 017.01 S 1 017.01 $ 934.53 TOTALO&M Coat I J,051,03 ' 21100.U TOTAL PRESENT WORTH COST I 1 108 439.25 I NOTES: t A,.,,, doleountlntar..t,-i,, .... UM<! In~ Pf-«11 --on th. EPA Sup,wlllrid QIQ'lot <loc:tlmentA G..,_la ~-~Cost£-. Di,mgU.. F-.y Study(~ I -2 eomina■nc1 (15") • indudld., lh• pr-lnnUa'C011 o.e9d on lh• EPA Suportund g~ <loa.m .... A Guw/o Do~ -Doa.m.ro,g Cost E.,.,,_H DIJmQU,., FNl/bJl/fy SIIJdy (July200(I), Profit• notlnd"d9d 3 ~ • -uma<I conllrmdon umplawl l>t analyza<I by I CLP, h__,, co.ti ■r■ lndudod NI t,1.am.i. tor --i 4 TCLP wdudo■ lhe 3 um"""'~ pnor 10 -■11on. I 1t---~1J1•P,..rn,-~~-~ .. m-~-.111~o~so_so ~
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LEGEND
COUNTY LINE
=== PARCEL BOUNDARY
++++++++t-RAILROAD
' ' 100 200 400 ,, ~j '!'aJ22--I ;•Y~~ ·
SCALEINFEET {~ ~~ ~ ~
,TH.~Ol..lt-to\STATEPL»E.~83 ~\~, }i;,-.'i
••-~ ~ r: ~t, I.' '• .~i
Source: D€S Rorourcu Groups, Inc., aurvey, Augus! 15, 2002.
Mod<Jenburg Co. Laid Rocords Div., aerial phobgraph, June 2001.
Adapted h'orn: MockleobufY Co. Lood RelXlfds Div k)pographic attooutes 0cUber2002, " '
~~~-fi,,.~i,,•
~~;'.:fl''Y: ',:' ,.i~?
Figure 1-1
Site Vicinity Map
Ram Leather Site
Charlo\te, North Carolina
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DRINKING WATER WELL
MONITORING WELL
PRESUMED
DUMPSTER
LOCATION
0
0 MW-5
~ '\-/
\
\
\\
\ _ _,,-SEPTIC 'CJ: DRAIN FIELD
HEAD BOX
100 MM
Site Layout Map
Ram Leather Care Site
Charlotte, Mecklenburg County, North Carolina
LEGEND
50 0 MM M
1" = 100'
/
100
Figure
2-1
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• A
----------i \ \\ _,,,,,,,-v ~
OU2 \
=~~a-ff' I
I St:1 oo ~;;:~~;;;~ -\\
-----
,,,,.--
SS3
· SEPTIC
--"''.,,.._\ DRAIN FIELD
APRIL 1999 SOIL SAMPLE LOCATIONS
AUGUST 1999 SOIL SAMPLE LOCATIONS
SOIL EXCAVATION AREA AS DEFINED IN THE IROD
c,
60 -
HEAD BOX
LEGEND
30 0 60 M NIM M
1" = 60' NOTE: Concentrations in bold red lettering
exceeded the EPA SSL of 3 uglkg for PCE.
lfl PCE Detections in Soil (1999)
and Proposed Excavation Area
Ram Leather Care Site
Charlotte, Mecklenburg County, North Carolina
Figure
2-2
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WOODED A
• DS5
...
...
RL21
AREA 1
RL22
DRUM
STORAGE
AREA
APRIL 1999 SOIL SAMPLE LOCATIONS
AUGUST 1999 SOIL SAMPLE LOCATIONS
ND1 •
e DS1
SOIL EXCAVATION AREA AS DEFINED IN THE IROD
ANTICIPATED SOIL EXCAVATION AREA
Detail of Soil Excavation Area
Ram Leather Care Site
SS1 •
SEPTIC
TANK
FLOOR DRAIN
FROM BUILDING
TO UNDERNEATH
CONCRETE PAD
30 15
LEGEND
0
1" = 30'
Charlotte, Mecklenburg County, North Carolina
30
Figure
4-1
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PLAN VIEW
30 15 0
SIDE VIEW
30
.a. eosa
RL25
T ,o·
26
l +--------+-------""' 15'
'-------------,-~~______..__------.~ -20'
12.5' 25' 37.5'
Two-50-foot excavation walls =
12 confirmation samples
NOTTO SCALE
e DS1
r2~
T 10·
26
l 15'
L__ ---,j~~---' 20'
12.5'
Three 25-foot
excavation walls =
9 confirmation samples
Iii RAM Leather Care Site
Charlotte, Mecklenburg County, North Carolina
®\~!rTIC \NK
CONCRETE
PAD
FLOOR DRAIN
FROM BUILDING
TO UNDERNEATH
CONCRETE PAD
10 ~
5'
One 10-foot
excavation wall =
7.5'
10'
15'
20'
One 15-foot
excavation wall =
3 confirmation samples 3 confirmation samples
Confirmation Sample Layout
LEGEND
• APRIL 1999 SOIL SAMPLE LOCATIONS
.A,. AUGUST 1999 SOIL SAMPLE LOCATIONS
• CONFIRMATION BORING LOCATIONS
('; POTENTIAL ADDITIONAL CONFIRMATION
BORING LOCATIONS
.A,. CONFIRMATION SAMPLE LOCATIONS
SOIL EXCAVATION AREA AS DEFINED
INTHE IROD
ANTICIPATED SOIL EXCAVATION AREA
NOTES:
Confirmation samples will be collected
from excavation sidewalls prior to
excavation using a GeoProbe.
Confirmation samples will be collected at 3
depths in each confirmation borehole; 1 O'
bis and 20' bis where higher levels of PCE
contamination were observed previously;
the 26' bis sample depth has been selected
for confirmation of chlorinated solvent
concentrations at the maximum depth of
the excavation.
A total of 18 preliminary confirmation
samples will be collected.
The quadrant or half of the sidewall from
which a sample meeting the performance
standard was collected is assumed clean.
It is assumed that an additional set of
confirmation samples will be collected 1 0'
outward from any failing sample at 1 0'
bis and 20' bis.
Additional sets of confirmation samples
will continue to be collected 1 0' outward
from any failing sample until all samples
meet the performance standard (3 ug/kg
for PCE).
The excavation area may be re-defined
based on confirmation sample results.
J
FIGURE
4-2
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Backfill and Site
Restoration
Does Not Meet
Performance Standard
Initial Confirmation Sampling/
Worst Case Scenario Waste
Characterization Sampling
Confirmation Samples Collect Additional Confirmation
Do Not Meet f---;::;P,----e·rf,---or_m_a_n_c_e·scc-:t-a-nd--,-a-r....,d,----------'-----i Sample(s} 10 feet Laterally from
the Failing Sample(s)
Meets Performance
Standard
Excavate to Defined
Boundaries
Additional Waste
Characterization if
Necessary
Transportation and
Disposal at Subtitle C
or D Landfill
RAM Leather Care Site
Personal Protective
Equipment
---------------
Meets Performance
Standard
Re-define Excavation
Limits Outward in 10
foot Increments in the
Area of Failing Sample
Process Flow Diagram for Soil Excavation
Charlotte, Mecklenburg County, North Carolina
FIGURE
4-3
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Appendix A
Remedial Action Subcontracting Documents
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Remedial Action Subcontracting Documents
for
Soil Excavation and Disposal
Revision 1
Ram Leather Care Superfund Site
Charlotte, Mecklenburg County, North Carolina
EPA Work Assignment 369-RDRD-A419
Black & Veatch Project No. 48369
Prepared By
Black & Veatch Special Projects Corp.
1145 Sanctuary Parkway, Suite 475
Alpharetta, Georgia 30004
February 10, 2006
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RA Subcontracting Documents
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Proposal Requirements
Contents
Section: TOC
Revision I
February IO, 2006
Request for Proposals .................................................................................................. INV -1
Instructions to Proposers ............................................................................................. INS-I
Proposal Form ............................................................................................................... PF-I
Attachment No. I -Representations and Certifications Regarding
Subcontractor Status ..................................................................................... A TTl-1
Attachment No. 2A -Listing of Lower-Tier Subcontractors ................................ A TT2A-l
Attachment No. 28 -Listing of Suppliers ............................................................. A TT2B-l
Attachment No. 3 -Experience and Safety Questionnaires ..................................... A TT3-l
Attachment No. 4 -Certification of Training, Medical, and Safety
Requirements ................................................................................................ A TT 4-1
Attachment No. 5 -SOB Utilization ........................................................................ A TT5-l
Subcontract Forms
Subcontract Agreement
Attachment A -Performance Work Statement
Attachment B -Subcontract Sum and Terms of Payment
Attachment C -Prime Contract Clauses
Attachment D -Insurance Requirements
Attachment E -General Terms and Conditions
Attachment F -Special Conditions
Attachment G -Safety and Health Requirements
Attachment H -Construction Health and Safety Program
Attachment I -Davis-Bacon Wage Rates
Attachment J -Bond Forms
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REQUEST FOR PROPOSALS
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REQUEST FOR PROPOSALS
Four sealed hard copy Proposals for the design and construction of the Soil Interim Remedial Action, Ram Leather Care
Superfund Site, addressed to Black & Veatch Special Projects Corp., hereinafter called Contractor, will be received at
1145 Sanctuary Parkway, Suite 475, Alpharetta, Georgia 30004, Attention: Joe Slykerman, until 3:00 p.m., local time on
the 17'" day of March 2006. The proposed work is open to all businesses regardless of size.
The proposed work consists of preparing the final design and planning documents, confirmation sampling, site
preparation activities (including erosion control, site security implementation, utility clearance/protection, empty AST
removal, and concrete pad demolition}, contaminated soil excavation, offsite transportation and disposal of contaminated
soil, excavation backfilling and site restoration, site operation and maintenance (O&M), and report preparation.
Proposal submittals shall contain a detailed conceptual design upon which the proposal is based. At a minimum, the
work plan must provide a conceptual design that describes in detail the major design basis and specific technology or
technologies that will be capable of meeting the remediation goals.
The site of the Work is located at 15100 Albemarle Road (Route 24/27) in a rural area of eastern Mecklenburg County,
North Carolina, just west of the Cabarrus County line. The site is located at 35° 13' 41" North Latitude and 80° 36'
24.50" West Longitude. The site is located approximately four miles east of the Charlotte city boundary. It is presently
anticipated that field activities will be initiated during summer 2006 with a construction completion date of
approximately December 2006.
The Proposal Documents may be examined at 1145 Sanctuary Parkway, Suite 475, by contacting Ms. Nancy Geller at
[phone], or email at [e-mail].
One CD copy of the Proposal Documents will be provided at no charge upon receipt ofa written request. Additional hard
copies of the Proposal Documents may be obtained from Contractor at a charge of$100.00 for the first set and $75.00 for
each additional set. No refunds will be provided for the additional sets.
Each Proposal must be submitted on the prescribed forms and accompanied by Bid security payable to Black & Veatch
Special Projects Corp., in an amount not less than five percent of Proposer's maximum offered price.
Before a subcontract will be awarded for the Work described herein, Contractor will conduct such investigations as are
necessary to determine the performance record and ability of the apparent Successful Proposer to perform the Work
specified in the Proposal Documents. Upon request, the apparent Successful Proposer and any other Proposers whom
Contractor believes to have a reasonable chance of receiving the award shall submit such information as deemed
necessary by Contractor to evaluate the Proposer's qualifications.
The attention of Proposers is directed to the applicable federal and state requirements and conditions of employment to
be observed and minimum wage rates to be paid under the Agreement.
Proposal Documents
Ram Leather Care Superfund Site
INV-I 48369.0131
December 2005
Before a subcontract will be awarded, the Subcontract Documents and proposal must be reviewed and approved by the
U.S. Environmental Protection Agency (EPA) ("Owner").
The Successful Proposer will be required to furnish a construction performance bond and a construction payment bond as
security for the faithful performance and the payment of all bills and obligations arising from the Work specified in the
Subcontract D·ocuments.
Except for material and substantial mistakes, no Proposal may be withdrawn within 60 calendar days after the date fixed
for opening proposals.
A pre-bid conference will be held at the site beginning at [time and date TBDJ.
Contractor reserves the right to reject any and all proposals, to waive any and all informalities and to negotiate contract
terms with the successful Proposer, and the right to disregard all nonconforming, non-responsive, unbalanced or
conditional bids.
Dated this (Date TBD) day of [Month 1. 2006.
Proposal Documents INV-2
Ram Leather Care Superfund Site
Black & Veatch Special Projects Corp.
By: -------------
Project Manager
48369.0131
December 2005
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INSTRUCTIONS TO PROPOSERS
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INSTRUCTIONS TO PROPOSERS
B-1. DEFINED TERMS. Tenns used in these Instructions to Proposers, which are defined in the General Tenns and
Conditions and Special Conditions of the construction subcontract, have the meanings assigned to them in the General
Tenns and Conditions and Special Conditions. The tenn "Proposer" means one who submits a Proposal directly to
Contractor, as distinct from a sub-Proposer, who submits a proposal to a Proposer. The term "Successful Proposer"
means the best qualified, responsible and responsive Proposer who offers the best value to the owner, to whom
Contractor (on the basis of Contractor's evaluation as hereinafter provided) makes an award. Following execution of the
Subcontract Agreement, Successful Proposer becomes the "Subcontractor." The tenn "lower-tier subcontractor" means
an entity that provided services to the Subcontractor. The tenn "Owner" means the U.S. Environmental Protection
Agency (EPA). The tenn "Proposal Documents" includes the Request for Proposal, Instructions to Proposers, the
Proposal Fann, and the proposed Subcontract Documents (including all Addenda issued prior to receipt of Proposals).
B-2. COPIES OF PROPOSAL DOCUMENTS. Complete sets of the Proposal Documents in the number and for the
sum stated in the Request for Proposal may be obtained from Contractor.
Complete sets of Proposal Documents must be used in preparing Proposals; Contractor does not assume any
responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents.
Contractor, in making copies of Proposal Documents available on the above tenns, does so only for the purpose of
obtaining Proposals on the Work and does not confer a license or grant for any other use.
B-3. EXAMINATION OF SUBCONTRACT DOCUMENTS AND SITE. It is the responsibility of each Proposer
before submitting a Proposal, to (a) examine the Subcontract Documents thoroughly; (b) visit the site to become familiar
with local conditions that may affect cost, progress, perfonnance or furnishing of the Work; (c) consider federal, state and
local laws and regulations that may effect cost, progress, perfonnance or furnishing of the Work; (d) study and carefully
correlate Proposer's observations with the Subcontract Documents; and ( e) notify Contractor of all conflicts, errors or
discrepancies in the Subcontract Documents.
Reference is made to the Subcontract Docu"!ents for identification of those reports ofexplorations and tests of subsurface
conditions at and in the vicinity of the site which have been utilized by Contractor in preparation of the Subcontract
Documents. The findings of the reports are summarized in Attachment A to the Subcontract; copies of the reports will be
made available to the Proposer upon request.
lnfonnation and data reflected in the Subcontract Documents with respect to underground facilities at or contiguous to
the site is based upon infonnation and data furnished to Contractor by owners of such underground facilities or others,
and Contractor does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided
otherwise in the Subcontract Documents.
Proposal Documents
Ram Leather Care Superfund Site
INS-I 48369.013 I
December 2005
Before submitting a Proposal, each Proposer will, at Proposer's own expense, make or obtain any additional
examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain
to the physical conditions (subsurface and underground facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work and which Proposer deems necessary to determine its
Proposal for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of
the Subcontract Documents.
On request in advance, Contractor will provide each Proposer access to the site to conduct such explorations and tests as
Proposer deems necessary for submission of a Proposal. Proposer shall fill all holes, clean up and restore the site to its
former condition upon completion of such explorations. Arrangements for site visits may be made by calling Nancy Geller at
telephone No 770-521-8137.
The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands
designated for use by Subcontractor in performing any Work are identified in the Subcontract Documents. All additional
lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be
provided by Subcontractor. Easements for permanent structures or permanent changes in existing structures are to be
obtained and paid for by Owner or Contractor unless otherwise provided in the Subcontract Documents.
The submission of a Proposal will constitute an incontrovertible representation by Proposer that Proposer has complied
with every requirement of this Article 8-3, that without exception the Proposal is premised upon performing and
furnishing the Work required by the Subcontract Documents and such means, methods, techniques, sequences or
procedures of construction as may be indicated in or required by the Subcontract Documents and that the Subcontract
Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
8-4. INTERPRET A TIO NS AND ADDENDA. All questions about the meaning or intent of the Subcontract Documents
are to be directed to Contractor. Interpretations or clarifications considered necessary by Contractor in response to such
questions will be issued by Addenda mailed or delivered to all parties of record as having received the Proposal
Documents. Questions received less than 7 calendar days prior to the date for opening of Proposals may not be
answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
Addenda may also be issued to modify the Proposal Documents as deemed advisable by Contractor.
8-5. PROPOSAL SECURITY. Each Proposal must be accompanied by Proposal security made payable to Contractor in
an amount offive percent of the Proposer's maximum Proposal price and in the form ofa certified or bank check or a Bid
Bond issued by a surety meeting the requirements specified in the Special Conditions.
The Proposal security of the Successful Proposer will be retained until such Proposer has executed the Agreement and
furnished the required contract security, whereupon the Proposal security will be returned. If the Successful Proposer
Proposal Documents
Ram Leather Care Superfund Site
INS-2 48369.0131
December 2005
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fails to execute and deliver the Agreement and furnish the required contract security within 15 calendar days after the
notice of award, Contractor may annul the notice of award and the Proposal security of that Proposer will be forfeited.
The Proposal security of other Proposers whom Contractor believes to have a reasonable chance of receiving the award
may be retained by Contractor until the earlier of the 15th calendar day after the effective date of the Agreement or the
61 st calendar day after the Proposal opening, whereupon Proposal security furnished by such Proposers will be returned.
Proposal security with Proposals which are not competitive will be returned within 7 calendar days after the Proposal
opening.
B-6. SUBCONTRACT TIME. The numbers of days within which, or the dates by which, the Work, or portions of the
Work, are to be completed and ready for fmal payment (the Subcontract Time) are set forth in the Proposal Form,
Subcontract, and the technical specifications.
B-7. LIOUIDA TED DAMAGES. Provisions for liquidated damages are set forth in the Subcontract.
B-8. SUBSTITUTE OR "OR-EQUAL" ITEMS. The subcontract, if awarded, will be on the basis of materials and
equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-
equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item
of material or equipment may be furnished or used by Subcontractor if acceptable to Contractor, application for such
acceptance will not be considered by Contractor until after the effective date of the Agreement.
B-9. LOWER-TIER SUBCONTRACTORS, SUPPLIERS, AND OTHERS. Each Proposer shall submit to Contractor
with its Proposal the lists of subcontractors, suppliers, and other persons and organizations proposed for those portions of
the Work for which such identification is required by Attachments 2A and 2B of the Proposal Form. Attachment I of the
Proposal Form shall be completed for each lower-tier subcontractor. The list shall be accompanied by an experience
statement with pertinent information regarding similar projects and other evidence of qualification for each such
lower-tier subcontractor, supplier, person~ or organization, if requested by Contractor. If Contractor, after due
investigation, has reasonable objection to any proposed lower-tier subcontractor, supplier, or other person or
organization, Contractor may, before the Notice of Award is given, request the apparent Successful Proposer to submit an
acceptable substitute without an increase in the Proposal.
If the apparent Successful Proposer declines to make any such substitution, Contractor may award the Subcontract to the
next best-valued, qualified, responsive, and responsible Proposer that proposes to use acceptable lower-tier
subcontractors, suppliers, and other persons and organizations. The declining to make requested substitutions will not
constitute grounds for sacrificing the Proposal security of any Proposer. Any lower-tier subcontractor, supplier, other
person, or organization listed and to whom Contractor does not make written objection prior to the giving of the Notice
of Award will be deemed acceptable to Contractor, subject to revocation as provided in the General Terms and
Conditions.
B-9.01. Manufacturer's Data. The list of subcontractors, suppliers, and other persons and organizations submitted as
provided herein shall be accompanied by two prints or copies of data on equipment and materials to be furnished by each
Proposal Documents
Ram Leather Care Superfund Site
INS-3 48369.0131
December 2005
supplier or manufacturer named on the list. The data submitted shall indicate the physical characteristics of the equipment
and materials to be furnished. Although the drawings and specifications submitted prior to the Notice of Award need not be
complete, they must contain sufficient detail for Contractor to determine whether the materials and equipment will comply
with the Subcontract Documents.
Preliminary acceptance of equipment listed by manufacturer's name shall not in any way constitute a waiver of the
specifications covering such equipment; final acceptance will be based on full conformity with the Subcontract Documents.
Any Proposal conditioned upon furnishing equipment or materials which are not responsive to the Subcontract Documents
will be rejected.
B-10. PROPOSAL FORM. The Proposal Form is included with the Proposal Documents; additional copies may be
obtained from the Contractor.
All blanks on the Proposal Form must be completed in ink or by typewriter.
Proposals by corporations must be executed in the corporate name by the president or vice-president ( or other corporate
officer accompanied by evidence of authority to sign for the corporation). Proposals by partnerships must be executed in the partnership name and signed by a partner. Proposals by joint ventures shall be signed by each participant in the joint
venture or by a representative of the joint venture accompanied by evidence of authority to sign for the joint venture.
The names of all persons signing shall be legibly printed below the signature. A Proposal by a person who affixes to his signature the word 11president11, "secretary", "agent", or other designation without disclosing his principal may be held to be the Proposal of the individual signing. When requested by Contractor, evidence of the authority of the person signing
shall be furnished.
All blanks in the Proposal Form shall be filled. A proposal price shall be indicated for each section, proposal item, or the
words "No Proposal", "No Charge", "No Change", or other appropriate phrase shall be entered.
The address, telephone and facsimile numbers, and e-mail address ( optional) for communication regarding the Proposal
must also be shown.
The Proposal shall contain an acknowledgment ofreceipt ofall Addenda, the numbers and dates of which shall be filled
in on the Proposal Form.
No alterations in Proposals, or in the printed forms therefor, by erasures, interpolations, or otherwise will be acceptable
unless each such alteration is signed or initialed by the Proposer; if initialed, Contractor may require the Proposer to
identify any alteration so initialed.
Proposal Documents
Ram Leather Care Superfimd Site
INS-4 48369.0131
December 2005
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B-10.01. Proposal Pricing. Proposers must submit a Proposal for the complete Subcontract. Alternative technical
approaches and proposals may additionally be submitted and will be evaluated based on technical merit and cost.
The lump sum price shall be based on the Work as indicated on the Drawings and as specified. The unit adjustment prices
provided for in the Proposal Form shall apply only in the event ofa Change Order providing for such increase or decrease in
the quantities, The Subcontract Price will be subject to adjustment according to final measured, used, or delivered quantities,
and the adjustment unit prices in the Proposal will apply to such final quantities,
Within the Subcontract is a performance based incentive program that will reward the Subcontractor for reaching specific
milestones at or earlier than scheduled and if the quality of the work meets or exceeds performance standards. There is no
requirement for the Subcontractor to submit pricing on the Proposal Form for this program. Information regarding the
incentive program can be found in Attachment A-Performance Statement of Work, Table 3-2 of the Agreement.
B-11. SUBMISSION OF PROPOSALS. Proposals shall be submitted at the time and place indicated in the Request for
Proposal and shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the
Proposer and accompanied by the Proposal security and other required documents. If the Proposal is sent through the
mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation
"PROPOSAL ENCLOSED" on the face of it.
One copy of the Proposal Form is to be completed and submitted with the Proposal security and the following data:
Completed Attachment No. I -Representations and Certifications (Attachment No. I shall also be
completed and submitted for each Lower-Tier Subcontractor).
Completed Attachment No. 2A -Listing of Lower-Tier Subcontractors.
Completed Attachment No, 2B -Listing of Suppliers.
Completed Attachment No. 3 -Experience and Safety Questionnaires.
Completed Attachment No. 4 -Certification of Training, Medical, and Safety Requirements.
Completed Attachment No. 5 -Small and Small Disadvantaged Business Enterprise Utilization.
Proposer's Work Plan (See Section B-24).
Attachment B -Subcontract Sum and Terms of Payment for Lump Sum Plus Performance Fee
Subcontract with Unit Adjustments
Proposal Documents
Ram Leather Care Superfund Site
INS-5 48369.013 I
December 2005
B-12: MODIFICATION AND WITHDRAWAL OF PROPOSALS. Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where
Proposals are to be submitted at any time prior to the opening of Proposals.
If within 24 hours after Proposals are opened, any Proposer files a duly signed, written notice with Contractor and promptly thereafter demonstrates to the reasonable satisfaction of Contractor that there was a material and substantial
mistake in the preparation of its Proposal, that Proposer may withdraw its Proposal and the Proposal security will be returned. Thereafter, that Proposer will be disqualified from further proposals on the Work to be provided under the
Subcontract Documents.
B-13. OPENING OF PROPOSALS. Proposals will be opened and reviewed privately.
B-14. PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE. All Proposals will remain subject to acceptance for
60 calendar days after the day of the Proposal opening, but Contractor may, in its sole discretion, release any Proposal and return the Proposal security prior to that date.
B-15. PROPOSAL EVALUATION AND AW ARD OF SUBCONTRACT. Contractor reserves the right to reject any
and all Proposals, to waive any and all informalities not involving price, time or changes in the Work, and to negotiate subcontract terms with the Successful Proposer, and the right to disregard all nonconforming, non-responsive, unbalanced
or conditional Proposals. Also, Contractor reserves the right to reject the Proposal of any Proposer if Contractor believes
that it would not be in the best interest of the Project to make an award to that Proposer, whether because the Proposal is
not responsive or the Proposer is unqualified or of doubtful fmancial ability or fails to meet any other pertinent standard
or criteria established by Contractor. Discrepancies between the indicated sum of any colmnn of figures and the correct
sum thereof will be resolved in favor of the correct sum.
In evaluating Proposals, Contractor will consider the qualifications of the Proposers, the technical approach presented in
proposer's work plan, the proposed project schedule, whether or not the Proposals comply with the prescribed requirements and other data, as may be requested in the Proposal Form or prior to the Notice of Award.
Contractor may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers, or other
persons and organizations must be submitted as provided in the Proposal Form. Contractor may consider the Proposer's proposed means and methods of construction as presented in the Work Plan required as part of the Proposal. Contractor
also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of
materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the
Notice of Award.
Contractor may conduct such investigations as Contractor deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of Proposers, proposed lower-tier subcontractors,
Proposal Documents
Ram Leather Care Superfund Site
INS-6 48369.0131
December 2005
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suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Subcontract
Documents to Contractor's satisfaction within the prescribed time.
The table below lists the criteria upon which all base proposals and alternate proposals will be evaluated, including the
anticipated weighting of the criteria. All proposals should be organized into seven sections consistent with the seven
criteria listed in this table.
I.
2.
3.
4.
5.
6.
Proposal Evaluation/Scoring Criteria
Ram Leather Care Interim Soil RA Solicitation
December 2005
Score
Evaluation Criteria (Range 0-5, with 5
being the highest)
Experience I Qualifications of Team
Similar Project Experience
Excavation Support System Design and
Construction
Key Personnel
Regulatory Agency 5
Small Business Status 5
Technical Approach
Thoroughness and Adequacy of Work Plan
Rationale for Confirmation Sampling Strategy and
Process for Meeting Cleanup Criteria and
Achieving Soil Restoration
Work Sequencing
Design Basis
Permits
Value Engineering 5
Costs
Best Value to Government
Cleanup Duration
Provisions to Cover Risk 5
Schedule
Pre-mobilization Duration
Confirmation Sampling and Pre-Excavation
Activities Duration
Revised RA WP Preparation Duration
Cleanup Durations 5
Safety 5
Proposal Documents INS-7
Ram Leather Care Superfund Site
Weighting Net Score Factor
2
1
5
6
2
10
5
25
30
10
48369.0131
December 2005
7.
Proposal Evaluation/Scoring Criteria
Ram Leather Care Interim Soil RA Solicitation
December 2005
Score
Evaluation Criteria (Range 0-5, with 5
being the highest)
Questionnaire
Key Issues on this Project
Proposed Staffing
Exceptions to Subcontract Terms and Conditions
Minor or Material 5
Highest Total Possible Score
Weighting Net Score Factor
2 10
2 10
100
If the subcontract is to be awarded, it will be awarded to the best-qualified, responsive, and responsible Proposer whose
evaluation by the Contractor indicates that the award will provide the best value and be in the best interests of the Project.
The award of the subcontract is subject to the review and approval of the U.S. Environmental Protection Agency.
If the subcontract is to be awarded, Contractor will give the Successful Proposer a Notice of Award within 60 calendar
days after the day of the Proposal opening.
B-16. SUBCONTRACT SECURITY. The General Terms and Conditions and Special Conditions set forth Contractors
requirements as to Performance and Payment Bonds. When the Successful Proposer delivers the executed Agreement to
Contractor, it must be accompanied by the required Performance and Payment Bonds.
B-17. SIGNING OF SUBCONTRACT. When Contractor gives a Notice of Award to the Successful Proposer, it will be
accompanied by three unsigned counterparts of the Agreement with all other Subcontract Documents attached. Within I 5
calendar days thereafter Subcontractor shall execute the Subcontract, insert executed copies of the required Bonds and
Power of Attorney, and deliver all copies to the Contractor. The date on the ·Agreement and Bond forms shall be left
blank for filling in by Contractor. The certification date on the Power of Attorney shall also be left blank for filling in by
Contractor. Within 15 calendar days thereafter Contractor shall deliver one copy of the fully signed documents to
Subcontractor.
B-18. PREPROPOSAL CONFERENCE. Proposers are advised that a preproposal conference may be held for the
purpose ofexplaining the requirements of the Subcontract Documents, to give instructions on the proper manner offilling
out the required forms, and to answer previously submitted questions about the Work. If such a conference is held, the
time and place will be established by Addendum. Questions concerning the Subcontract Documents may be submitted to the
Contractor in writing no less than ten (I 0) days prior to the prebid conference, at which time such questions will be answered.
Proposal Documents
Ram Leather Care Superfund Site
INS-8 48369.0131
December 2005
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8-19. TAXES AND PERMITS. Attention is directed to the requirements of the General Terms and Conditions and the
Special Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully assessed against
Contractor or Subcontractor in connection with the Work shall be paid by Subcontractor. The Proposal prices shall
include all such taxes and the costs of all required permits.
8-20. WAGE RA TE. Wages shall be paid to each employee engaged in the Work on the project under this
subcontract at a rate not less than the prevailing rate of wages for the particular trade or occupation in which he is
engaged, as issued by the U.S. Department of Labor. Copies of the prevailing wage determinations are included as
Attachment I.
8-21. EXPERJENCE AND SAFETY QUESTIONNAIRES. Each Proposer shall complete Attachment 3 of the
Proposal Form, Experience and Safety Questionnaires. The completed Attachment 3 shall be submitted with the
Proposal.
Failure to complete the questionnaire may result in a Proposer being declared nonresponsive and the Proposal rejected.
Contractor also reserves the right to reject any Proposer if the response to the questionnaire indicates that one or more of the
following conditions exist:
The Proposer's Workers' Compensation Experience Modification Rate is greater than 1.00.
The Proposer does not have a written safety and health program that meets the requirements of the Occupational
Safety and Health Act of 1970 and other governing regulations.
The Proposer does not have a drug testing program that includes pre-offer, post accident, probable cause, and
random testing.
The Proposer does not have an adequate safety and health training program.
The Proposer's OSHA recordable injury incident rate and lost workday case rate are above the national average as
reported by the federal government for the last full calendar year.
8-22. SMALL DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION. It is the policy of Contractor on a
flow-down basis from its Prime Contract with the U.S. EPA (Owner), that Small Business Enterprises (SBE) and Small
Disadvantaged Business Enterprises (SDBEs) shall have the maximum opportunity to participate in the performance of Work
under this Agreement.
The Proposers shall complete and shall require SBE and SDBEs proposed for the Project to complete the enclosed
certification form (Attachment No. I of Proposal Form). Completed forms shall be submitted with the Proposal.
In the event the apparent Successful Proposer, in good faith, proposes to use a subcontractor that has not provided
Proposal Documents
Ram Leather Care Superfund Site
INS-9 48369.0131
December 2005
certification, and that subcontractor is later found to be ineligible or is unable to perfonn, the apparent Successful Proposer
shall immediately notify Contractor so that a decision can be made as substitution requirements for another certified
subcontractor.
To establish required levels of participation for this Project, Contractor has specified goals in the amounts indicated in the
Proposal Fonn.
The Proposer is required to submit Attachment No. 5 of the Proposal Fonn, Small Disadvantaged Business Utilization, with
the following infonnation.
I. Names of SBE and SOBE subcontractors
2. Description ofutilization
3. Dollar value of each SBE and SOBE subcontract
4. Total dollar value of SBE and SOBE subcontracts
Should the Proposer fail to complete Attachment No. 5 of the Proposal, or submit false certification, the Proposal will
be rejected as "non-responsive."
The Proposer may not count toward its SBE and SOBE goals a portion of the total dollar value ofa contract with an eligible
joint venture equal to the percentage of the ownership and control of the SOBE partner in the joint venture.
The subcontracts with SBE and SOBE subcontractors and suppliers that perfonn a commercially useful function in the Work
may be counted toward the SBE and SOBE goals:
I.
2.
For subcontracts, an SBE or SOBE subcontractor is considered to perfonn a commercially useful function when it
is responsible for execution of a distinct element of the Work and actually performs, manages, and supervises the
Work involved. The amount of Work subcontracted, industry practices, and other relevant factors will be
considered in determining "commercially useful functions. 11
For providing materials, equipment, or supplies, an SBE or SOBE subcontractor that perfonns a function that is
customarily perfonned as a distinct and necessary part of the supply process is considered to provide a
commercially useful function, provided the subcontractor:
a.
b.
Assumes the actual and contractual responsibility for furnishing the supplies and materials and is the
manufacturer of those supplies and materials;
Is recognized as a distributor by the manufacturers involved in the contracted supplies and materials; and
Proposal Documents INS-10 48369.0131
December 2005 Ram Leather Care Superfund Site
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C. Owns or leases warehouses, yards, or buildings for storage of manufactured materials; or whatever other
facilities are viewed as customary or necessary by the industry; and
d. Distributes, delivers, or arranges delivery and services products with its own staff.
When a subcontractor acts only as a passive conduit in the supply process or duplicates a service provided by others in the
same chain of supply from manufacturer to purchaser, no credit will be granted toward the SBE or SDBE goals.
The subcontract shall be awarded as specified in the Subcontract Documents if the Proposer meets the SBE and SDBE goals
indicated on the Proposal form, or has made a good faith effort to meet the goals.
Determination of "good faith effort" will be based on the following objective measurement:
A good faith effort, for the purpose of determining the responsiveness of a Proposal, shall be meeting or exceeding
the average ofSBE and SDBE participation indicated on all competitive Proposals submitted for the project. (A
competitive Proposal is one which is not more than twenty-five percent above the lowest Proposal.) Should the
apparent Successful Proposer's SBE and SDBE participation be below the average in either category, the Proposal
may be considered non-responsive and may be rejected.
If the apparent Successful Proposer has neither met the goals indicated on the Proposal form, nor made a good faith effort to
meet those goals in accordance with the foregoing, then either all Proposals may be rejected or, at the option of the
Contractor, the Subcontract may be awarded to the next lowest Proposer if that Proposer either meets the goals, or has made
a good faith effort to meet the goals.
B-23. CERTIFICATION OF TRAINING. MEDICAL. AND SAFETY REQUIREMENTS. Each Proposer shall
complete Attachment 4 of the Proposal Form, Certification of Training, Medical, and Safety Requirements. The
completed Attachment 4 shall be submitted with the Proposal.
B-24. WORK PLAN. Each Proposer shall include with its Proposal a proposed Work Plan for completing the Work.
The Work ·Plan shall be in narrative form and shall describe the various operations of the proposed construction in
sufficient detail to demonstrate the Proposer's understanding of the Work. In addition, since the requirements of the soil
excavation are performance-based, the work plan must provide a conceptual design that describes in detail the major
design basis and specific technology or technologies that will be capable of meeting the remediation goals. Strategies for
excavation retention system (shoring) design and for confirmation sampling and excavation limit boundary refinement
must be included. In addition, a detailed proposed project schedule (bar chart format) must be provided identifying
durations and dependencies of discrete work elements including anticipated resources that will be utilized to complete
each task. Proposed schedules should reflect a target completion date of December 2006.
The Work Plan shall include a list of all deviations from, additions to, supplements to, and/or exceptions to, the
Subcontract Documents on which the proposal is based. The successful Proposer's Work Plan shall be modified by the
Proposal Documents
Ram Leather Care Supei:fund Site
INS-I I 48369.0131
December 2005
Subcontractor after subcontract award and submitted as the Remedial Action Work Plan (Milestone !). The Proposer's
Work Plan shall reflect any changes in Subcontractor's approach to the Work and to provide greater detail ifrequested by
Contractor.
Proposal Documents
Ram Leather Care Superfund Site
INS-12 48369.0131
December 2005
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PROPOSAL FORM
(Note: An electronic version of this form is available upon request.)
PROJECT IDENTIFICATION: Ram Leather Care
Soil Interim Remedial Action
SUBCONTRACT IDENTIFICATION ANO NUMBER: Subcontract -Design and General
· Construction, Soil Excavation
THIS PROPOSAL IS SUBMITTED TO: Black & Veatch Special Projects Corp.
I. The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an Agreement with
Contractor in the form included in the Subcontract Documents to perform and furnish alt Work as specified or indicated
in the Subcontract Documents for the Subcontract Sum and within the Subcontract Time indicated in this Proposal and in
accordance with the other terms and conditions of the Subcontract Documents.
2. Proposer accepts alt of the terms and conditions of the Request for Proposal and Instructions to Proposers,
including without limitation those dealing with the disposition of Proposal security. This Proposal wilt remain subject to
acceptance for 60 calendar days after the day of Proposal opening. Proposer wilt sign and submit the Agreement with the
Bonds and other documents required by the Proposal Requirements within 15 calendar days after the date of Contractor's
Notice of Award.
3.
(a)
In submitting this Proposal, Proposer represents that:
Proposer has examined copies of alt the Proposal Documents and of the following Addenda (receipt of alt which
is hereby acknowledged):
Date Number
Proposal Documents PF 1-1 48369.0131
December 2005 Ram Leather Care Superfund Site
(b)
(c)
(d)
(e)
(g)
Proposer is familiar with the nature and extent of the Subcontract Documents, Work, site, locality, and all local
conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of
the Work.
Proposer has studied carefully all reports and drawings of subsurface conditions which are identified in the
Subcontract Documents.
Proposer has obtained and carefully studied ( or assumes responsibility for obtaining and carefully studying) all
such examinations, investigations, explorations, tests and studies [in addition to or to supplement those referred
to in (c) above] which pertain to the subsurface or physical conditions at the site or otherwise may affect the
cost, progress, performance or furnishing of the Work as Proposer considers necessary for the performance or
furnishing of the Work at the Subcontract Sum, within the Subcontract Time·and in accordance with the other
terms and conditions of the Subcontract Documents; and no additional examinations, investigations,
explorations, tests, reports, or similar information or data are or will be required by Proposer for such purposes.
Proposer has reviewed and checked all information and data shown or indicated in the Subcontract Documents
with respect to existing underground facilities at or contiguous to the site and will assume responsibility for the
accurate location of said underground facilities. Additional examinations, investigations, explorations, tests,
reports or similar information or data in respect of said underground facilities will be undertaken by Proposer as
required in order to perform and furnish the Work at the Subcontract Sum, within the Subcontract Time and in
accordance with the other terms and conditions of the Subcontract Documents.
Proposer has correlated the results of all s~ch observations, examinations, investigations, explorations, tests,
reports and studies with the terms and conditions of the Subcontract Documents.
Proposer has given Contractor written notice of all conflicts, errors or discrepancies that Proposer has
discovered in the Subcontract Documents and the written resolution thereof by Contractor is acceptable to
Proposer.
(h) This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group, association,
organization or corporation; Proposer has not directly or indirectly induced or solicited any other Proposer to
submit a false or sham Proposal; Proposer has not solicited or induced any person, firm or corporation to refrain
from Proposing; and Proposer has not sought by collusion to obtain for itself any advantage over any other
Proposer or over Contractor.
4. Proposer shall complete the Proposal Pricing Form included on the following pages. The Proposals shall be
based upon the equipment and material specifications included in the Proposer's work plan.
Proposal Documents
Ram Leather Care Superfund Site
PF 1-2 48369.0131
December 2005
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I Proposer will complete the Work for the following price:
LUM SUM SUBCONTRACT PRICE ($ )
use words figures
I The following unit prices are for Contractor's use only. Reimbursement to Subcontractor shall be based on a lump sum
basis with unit adjustment prices specified in Paragraph 6 of this Proposal Form.
I Soil Interim Remedial Action Proposal Pricing Form
I Ram Leather Care, Charlotte, North Carolina
Bid
Item Item Description Estimated Unit Unit Price Total Estimated
I No. Quantity Price
Bonds/ Insurance LS $ $
I Preliminary Planning Documents (includes
2 Remedial Action Work Plan and Site LS
Management Plan) $ $
I 3 Personnel Health and Safety LS $ $
Mobilization/Demobilization (includes 4 equipment and crew) LS $ $ I 5 Erosion Control Implementation (silt fencing, LS etc.) $ $
I 6 Site Security Implementation (fencing, etc.) LS $ $
7 Utility Clearances / Protection LS $ $
I 8 Demolition (includes removal and disposal of LS two empty ASTs and concrete pad) $ $
9 Seal Exit Point of Floor Drain with Concrete LS $ $ I TCLP Sample Analysis (worst-case scenario
!0a samples collected as part of confirmation 3 EA
sampling event prior to excavation) $ $ I !Ob Confirmation Sample Analysis (VOCs) • EA $ $
!0c Advancement of Boring for Confinnation or • LF I TCLP Sample Collection (including labor) $ $
II Professional Engineering Design (includes LS permitting and shoring design) $ $
I 12 Revised Remedial Action Work Plan (including LS revised excavation limits) $ $
13 Shoring System Installation (steel sheeting) 7,500 SF $ $ I
I Proposal Documents PF 1-3 48369.0131
Ram Leather Care Superfund Site December 2005
I
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23
Contaminated Soil Excavation to 13 feet bis
(includes labor, equipment, materials, dust
control, and soil stockpiling)
Contaminated Soil Excavation from 13 to 26 feet
bis [includes labor, equipment, materials,
dewatering (ifnecessary), dust control, and soil
stockpiling]
Waste Characterization Sampling/ Analysis for
Disposal Determination
Soil Segregation, Loading, Transportation, and
Disposal (Subtitle D)
Soil Segregation, Loading, Transportation, and
Disposal (Subtitle C)
Backfill Excavations (includes labor, equipment,
and materials to place, grade, and compact soil
and topsoil)
Re-establish Ground Vegetation (seeding,
mulching, watering, etc.)
Progress Reports
Remedial Action Report (Draft / Final)
Ground Vegetation O&M (including O&M
progress reports)
1,750
1,750
•
2,013••
2,013••
4,025*•
0.5
4
4
CY
CY
EA
CY
CY
CY
AC
EA.
LS
EA
Total Lump Sum Subcontract Price
$ $. ___ _
$ $ ___ _
$ $. ____ _
$ $ ____ _
$ $. ____ _
$ $ ____ _
$ $
$ $. ____ _
$ $ ____ _
$ $ ___ _
$. ___ _ $ ____ _
Notes: Base Fee and Award Fee available to Subcontractor are not included in the above pricing.
• Quantity to be estimated by subcontractor based on confirmation sampling strategy to be presented in proposal.
•• Includes 15% bulk factor by volume.
5, The Lump Sum Subcontract Price shall include all of the Work specified. All Work not specifically set forth as
a pay item with a unit price adjustment shall be considered a subsidiary obligation of the Subcontractor, and all
costs in connection therewith shall be included in the Lump Sum Subcontract Price.
6.
The unit adjustment prices specified in Paragraph 6 will be used to adjust the Lump Sum Subcontract Price to
compensate for authorized additions to or deductions from the quantities indicated in Paragraph 4 of the Bid
Form. Each unit adjustment price stated in this Proposal shall include all costs for materials, labor, overhead,
and other costs applicable to the Services. The total amount of the Lump Sum Subcontract Price adjustment
will be determined to be an amount equal to the sum of the established unit adjustment prices times the
difference between the actual and the estimated quantities of each item. The estimated quantities of Work with
unit adjustment prices are not guaranteed. The final payment will be based on the Contractor's determinations
of the actual quantities and classifications of Work with unit adjustment prices performed by the Subcontractor.
The following Unit Prices adjustments are applicable to the subcontract Sum and Final Payments as follows:
Proposal Documents PF 1-4 48369.0131
December 2005 Ram Leather Care Superfund Site
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7.
8.
Bid Item
!0a
!Ob
!0c
l3
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15
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20
21
23
Notes:
Soil Interim Remedial Action Unit Price Adjustment Form
Ram Leather Care, Charlotte, North Carolina
Unit
No. Item Description Unit Adjustment
Price
TCLP Sample Analysis (worst-case scenario
samples collected as part of confirmation EA
sampling event prior to excavation) $
Confirmation Sample Analysis (VOCs) EA $
Advancement of Boring for Confirmation or LF TCLP Sample Collection (including labor) $
Shoring System Installation (steel sheeting) SF $
Contaminated Soil Excavation to 13 feet bls
(includes labor, equipment, materials, dust CY
control, and soil stockpiling) $
Contaminated Soil Excavation from I 3 to 26 feet
bis [includes labor, equipnient, materials, 't CY dewatering (if necessary), dust control, and soil
stockpiling] $
Waste Characterization Sampling/ Analysis for EA Disposal Determination $
Soil Segregation, Loading, Transportation, and CY Disposal (Subtitle D) $
Soil Segregation, Loading, Transportation, and CY Disposal (Subtitle C) $
Backfill Excavations (includes labor, equipment,
and materials to place, grade, and compact soil CY
and topsoil) $
Re-establish Ground Vegetation (seeding, AC mulching, watering, etc.) $
Progress Reports EA $
Ground Vegetation O&M (including O&M EA progress reports) $
Base Fee and Award Fee available to Subcontractor are not included in the above
pricing.
Proposer agrees that the Work will be substantially complete within ____ calendar days after the date when the
Subcontract Time commences to run, and completed and ready for fmal payment within ____ calendar days
after the date when the Subcontract Time commences to run as specified in the Special Conditions (included as
Attachment F of Subcontract Agreement).
Proposer accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the
Work on time.
The following documents are attached to and made a condition of this Proposal:
Proposal Documents PF 1-5 48369.013 l
December 2005 Ram Leather Care Superfund Site
(a) Required Proposal Security in the fonn of _____________ _
(b) Attachment No. I -Representations and Certifications Regarding Subcontractor Status.
(c) Attachment No. 2A -Listing of Lower-tier Subcontractors.
(d)
(e)
(f)
(g)
9.
Attachment No. 2B -Listing of Suppliers.
Attachment No. 3 -Experience and Safety Questionnaires.
Attachment No. 4 -Certification of Training, Medical, and Safety
Requirements.
Attachment No. 5 -Small and Disadvantaged Business Enterprise Utilization.
Communications to Proposer concerning this Proposal shall be addressed to:
Name:
Address:
Telephone:
Facsimile:
e-mail:
IO. The tenns used in this Proposal which are defined in the General Tenns and Conditions and included as part of
the Subcontract Documents (Attachment E to Appendix C) have the meanings assigned to them in the General
Tenns and Conditions.
SUBMITTED on __________ ~ 20 __
If Proposer is:
An Individual
By ____________________________ (SEAL)
Proposal Documents
Ram Leather Care Superfund Site
(Individual's Name)
PF 1-6 48369.0131
December 2005
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doing business as I Business address:
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I Phone No.:
Facsimile No.:
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A Partnership
I By (SEAL)
(Finn Name)
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(General Partner)
I Business address:
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Phone No.:
I Facsimile No.:
I A Corporation
I By
(Corporation Name)
I (State of Incorporation)
I By
(Name of Person Authorized to Sign)
I (Title)
I (Corporate Seal)
I Proposal Documents PF l-7 48369.0131
Ram Leather Care Superfund Site December 2005
I
Attest ____________________________________ _
(Secretary)
Business address:---------------------------------
Phone No.: ~----------------------------------
Facsimile No.: ----------------------------------
A Joint Venture
By _________________________________ _
(Name)
By _____________________________________ _
(Name)
(Address)
Phone No.: -----------------------------------
Facsimile No.: ----------------------------------
(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a
party to the joint venture should be in the manner indicated above).
Proposal Documents
Ram Leather Care Superfund Site
PF 1-8 48369.0131
December 2005
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Attachment No. 1 to Proposal Form
Representations and Certifications Regarding Subcontractor Status
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ATTACHMENT NO.1 TO PROPOSAL FORM
REPRESENTATIONS, CERTIFICATIONS
AND OTHER STATEMENTS OF
OFFERORS OR QUOTERS
•
PURSUANT TO THE GOVERNMENT'S PROCUREMENT ACQUISITION REGULATIONS, AND OTHER U.S.
GOV.ERNMENT LAWS, REGULATIONS AND EXECUTIVE ORDERS, IT JS NECESSARY THAT OFFERORS
CERTIFY THAT THEY COMPLY WITH CERTAIN U.S. GOVERNMENT POLICIES PRIOR TO A WARD OF A
SUBCONTRACT FUNDED UNDER A GOVERNMENT PRIME CONTRACT (PUBLIC FUNDS). THE
INFORMATION REQUIRED IN THIS SECTION MUST BE COMPLETED BY OFFEROR AND RETURNED AS
PART OF OFFEROR'S PROPOSAL. A SUBCONTRACT WILL NOT BE ISSUED PRIOR TO THE RETURN OF
THIS COMPLETED, SIGNED, AND DATED REPRESENTATIONS AND CERTIFICATIONS FORM. A WARD OF
ANY RESULTANT SUBCONTRACT SHALL BE CONSIDERED TO HA VE INCORPORATED THE APPLICABLE
REPRESENTATIONS AND CERTIFICATIONS AND INCORPORATES THESE CLAUSES BY REFERENCE AS IF
THEY WERE GIVEN IN FULL TEXT.
NOTES: I. Offerer's responses, where indicated, are accomplished by inserting an X or by printing or typing
requested information in the spaces provided. White-out changes are not allowed; however,
Offerer may cross-out an improper response and clearly initial the cross-out when correcting the
response.
2. The penalty for making false statements in proposals may be grounds for a determination that the
Offerer's proposal is non-responsive to the requirements of this solicitation, and/or that the
Offerer is non-responsive, and in either event may not be eligible for award of a subcontract.
Further, if false statements are found in these Representations and Certification subsequent to
. award of any subcontract resulting from this solicitation, such subcontract may be Terminated for
Default. These penalties are in addition to any penalty prescribed in 18 U.S.C. 1001.
3. THESE REPRESENTATIONS AND CERTIFICATIONS ARE SUBMITTED WITH RESPECT
TO PERFORMING SERVICES/SUPPLIES UNDER PRIME CONTRACT NO .. ____ _
ALL ARTICLES MAY NOT BE APPLICABLE TO OFFEROR'S PROPOSAL. See each Part
heading for "anticipated dollar value" thresholds.
REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFEROR IN COMPLETION OF
THIS FORM ARE REQUIRED AS INDICATED BELOW:
PART I -Articles I through 8: Complete Part I regardless of anticipated dollar value of work with Black & Veatch
Special Projects, Inc.
I. Small Business Program Representations
2. Review and Correction of Subcontractor's Property Control Systems
3. Rights to Proposal Data (Technical)
4. Representation of Limited Rights Data and Restricted Computer Software
5. Type of Business Organization
6. Authorized Negotiators
7. Place of Performance
8. Taxpayer Identification
Proposal Documents ATT 1-1
Ram Leather Care Superfund Site
48369.0131
December 2005
•
PART II· Articles 9 through 13: Complete this Part II, in addition to Part I if the dollar value of this work with Black &
Veatch Special Projects, Inc. is anticipated to exceed $10,000.
9. Previous Contracts and Compliance Reports
10. Certification of Nonsegregated Facilities
11. Affirmative Action Compliance
12. Representative of Extent of Transportation by Sea.
13. Information for Duty-Free Entry Evaluation
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PART III -Articles 14 through 16: Complete this Part III in addition to Parts I and II if the dollar value of this work with 1 Black & Veatch Special Projects, Inc. is anticipated to exceed $25,000 per annwn.
14. Certification oflndependent Price Determination (For Fixed Price Contract Only)
15. Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility
Matters
16. Contingent Fee Representation and Agreement
I
PART IV -Article 17 through 18: Complete this Part IV in addition to Parts I, II, and III if the dollar value of this work I
with the Black & Veatch Special Projects, Inc. is expected to exceed$ I 00,000 per annwn.
17. Certification for Toxic Chemical Release Reporting
18. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
19. 252.209-7001 Disclosure of Ownership or Control by the Government ofa Terrorist Country
20. Disclosure of Ownership or Control by a Foreign Government
PART V -Article 19 through 20: Complete this Part V in addition to Parts I, II, III, and IV if the dollar value of this
work with Black & Veatch Special Projects, Inc. is anticipated to exceed $550,000.
20. Cost Accounting Standards Notices and Certification (National Defense) does not apply to Sealed
Bidding.
21. Buyer Access to Financial Records
THIS IS TO CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE REPRESENTATIONS
AND CERTIFICATIONS MADE HEREIN BY THE OFFEROR ARE ACCURATE AND CURRENT.
Person Authorized to Sign: Signature
Typed Name
Title
Date
Company Name
Address
Proposal Documents ATT 1-2 48369.0131
December 2005
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REPRESENTATIONS & CERTIFICATIONS
PART I
I. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS {Apr 2002)
(a) (I) The North American Industry Classification System (NAICS) code(s) applicable to this document is/are
________ [insert NAICS code(s)].
(2) The small business size standard is ---------
( 3) The small business size standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is
500 employees.
(b) Representation-
( I) The offeror represents as part of its offer that it O is, 0 is not a small business concern.
(2) (Complete only if the ojferor represented itself as a small business concern in paragraph (b}(I) of this
provision.) The offeror represents, for general statistical purposes, that it O is, 0 is not a small disadvantaged
business concern as defined in 13 CFR 124.1002. (Must be SBA certified)
(3) (Complete only if the ojferor represented itself as a small business concern in paragraph (b)(I) of this
provision.) The offeror represents as part of its offer that it O is, 0 is not a women-owned small business
concern.
(4) (Complete only if the ojferor represented itself as a small business concern in paragraph (b)(I) of this
provision.) The offeror represents as part of its offer that it O is, 0 is not a veteran-owned small business
concern.
(5) (Complete only if the offer represented itself as a veteran-owned small business concern in paragraph (b)(4)
of this provision.) The offeror represents as part of its offer that it O is, 0 is not a service-disabled veteran-
owned small business concern.
(6) (Complete only if ojferor represented itself as a small business concern in paragraph (b)(I) a/this provision.)
The offeror represents, as part of its offer, that it O is, 0 is not a HUB Zone small business concern listed, on
the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material change in ownership and control, principal office, or HUBZone
employee percentage has occurred since it was certified by the Small Business Administration in accordance with
13 CFR part 126; {Must be SBA certified)
The offeror represents, as part of its offer, that it O is, 0 is not a joint venture that complies with the requirements of
13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small
business concern or concerns that are participating in the joint venture. [The offerer shall enter the name or names of the
HUBZone small business concern or concerns that are participating in the joint venture: __________ .]
Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the
HUBZone representation.
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(c) Definitions. As used in this provision-
"Serv/ce-disab/ed veteran-owned small business concern"-
( 1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of
any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-
disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent
caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-
connected, as defined in 38 U.S.C. 101(16).
11Small business concern," 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 qualified as a small business
under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.
11 Veteran-owned small business concern11 means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 1 0 1(2)) or, in
the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or
more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern "means a small business concern --
( 1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at
least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice.
( 1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns,
then the clause in this solicitation providing notice of the set-aside contains restrictions-on the source of the
end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small
disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the
preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other
provision ofFederal law that specifically references section 8(d) for a definition of program eligibility, shall --
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
Alternate I {Apr 2002). As prescribed in 19.307(a)(2), add the following paragraph (b)(7) to the basic provision:
(7) [ Complete if offeror represented itself as disadvantaged in paragraph (b){2) of this provision.] The offeror shall
check the category in which its ownership falls:
D Black American. D Hispanic American.
0 Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
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0 Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore,
Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S.
Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated
States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao,
Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
D Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal). D Individual/concern, other than one of the preceding
2. REVIEW AND CORRECTION OF SUBCONTRACTOR'S PROPERTY CONTROL
SYSTEM.
3.
For any subcontract resultant from the 0fferor's proposal to Buyer, it is expected that the 0fferor, as
subcontractor, will D will not D utilize Government-Furnished Property. (Government-Furnished Property
includes any materials, supplies or equipment that may be purchased by Buyer, or others, and furnished to
Subcontractor for use or installati_on.)
If Government-Furnished Property is to be used in the performance of the resultant subcontract, the following
information shall be furnished by the 0fferor.
A. . Date of the last review by the Government of0fferor's property control and accounting system:
B.
C.
D.
Description of action(s) taken to correct any deficiencies found:
Has reviewed, understands, and can comply with all property management and accounting procedures in
this solicitation.
Yes D No □
Costs associated with subparagraph C above are included in the 0fferor's cost proposal.
Yes D NoO
RIGHT TO PROPOSAL DATA (TECHNICAL)
(Ref FAR 52.227-23, JUN 87)
Except for data contained on Pages ___________ , it is agreed that as a condition of award of
any resultant subcontract, and notwithstanding the conditions of any notice appearing thereon, the Government,
but NOT Buyer, shall have unlimited rights (as defined in the "Rights in Data-General" clause contained in the
subcontract) in and to the technical data contained in this proposal dated _______ , upon which a
subcontract is based.
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4.
NOTES:
REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE
(Ref. FAR 52.217-15, JUN 87; FAR 17, .fOI, JUN 87; FAR 51.117-6, JUN 87; FAR 51.127-U,JUN 87)
A. This solicitation sets forth the work to be perfonned ifa subcontract award results, and the Government's known delivery requirements for data is stated. Any resulting subcontract may also provide the Government the option to order additional data under the "Additional Data Requirements: clause if included in the subcontract. Any data delivered under the resulting subcontract will be subject to the
"Rights In Data -General" clause that is to be included in any resultant subcontract. Under the laner
clause, a Subcontractor may withhold from delivery data that qualify as limited rights data or restricted computer
software, and deliver fonn, fit and function data in lieu thereof. The laner clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate.
In addition, use of Alternate V with this laner clause provides the Government, or its authorized representative, the right to inspect such data at the Subcontractor's facility.
B. As an aid in detennining the Government's need to include any of the aforementioned. Alternates in the clause "Rights in Data -General," the Offeror's response to this solicitation shall, to the extent feasible,
complete the representation in this clause to ·either state that none of the data qualify as limited rights data or restricted computer software, or identify which of the data qualifies as limited rights data or restricted computer software. Any identification of limited rights data or restricted computer software in the Offeror's response is not detenninative of the status of such data should a subcontract be awarded to the
Offeror.
REPRESENTATION CONCERNING DATA RIGHTS
Offeror has reviewed the requirements for the delivery of data or software and states (Offeror check appropriate block):
0 None of the data proposed for fulfilling such requirements qualifies as limited rights data or
restricted computer software.
0 Data proposed for fulfilling such requirements qualifies as limited rights data or restricted
computer software and are identified as follows:
I. "Limited rights data" and "Restricted computer software" are defined in the subcontract clause
entitled "Rights in Data• General."
2. Offerors which wish to propose use of any "Limited rights data" or "Restricted computer
software," must identify same as set forth above. Additionally, Offerors must address any data
identified above in any proposal submined to Buyer in response to this solicitation.
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. 5.
6.
7.
TYPE OF BUSINESS ORGANIZATION
(Ref. FAR 52.215-6, JUL 87)
The Offeror or Quoter, by checking the applicable box, represents that:
A. It operates as O a corporation incorporated under the laws of the State of ______ , 0 an
individual, 0 a partnership, 0 a nonprofit organization, or O a joint venture, or O a corporation,
registered for business in, ______ ( country).
B. If the Offeror or Quoter is a foreign entity, it operates as O an individual, 0 a partnership, 0 a
nonprofit organization, D a joint venture, or D a corporation, registered for business in
_____ , country).
AUTHORIZED NEGOTIATORS
(Ref. FAR 52.215-II, APR 84)
The Offeror or Quoter represents that the following persons are authorized to negotiate on its behalf with
Buyer in connection with this request for proposal or quotation: [List names, title, and telephone numbers of
the authorized negotiators.]
Name Title Telephone
PLACE OF PERFORMANCE
A.
B.
The Offeror or Quoter, in the performance of any subcontract resulting from this solicitation, 0
intends, 0 does not intend (check applicable block) to use one or more plants or facilities located at a
different address from the address of the Offeror or quoter as indicated in this proposal or quotation.
If the Offeror or Quoter checks "intends" in paragraph A, above, it shall insert in the spaces provided
below the required information:
Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Quoter.
Place of Performance (Street Address, City, County, State, Zip Code)
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8. TAXPAYER IDENTIFICATION
(Ref. FAR 5:Z.204-3, OCT98)
.(a) Definitions
"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. J
"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal
Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be
either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701 (c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 604 IA, and 6050M and implementing regulations issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by,the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. 770l(c)(3)). If the resulting contract is subject to the payment
reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to
verify the accuracy of the offeror's TIN.
( d) Tax Identification Number (TIN):
( e) Corporate Status
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0 TIN: ---------
0 TIN has been applied for.
0 TIN is not required because:
D Offerer is a nonresident alien, foreign corporation, or foreign partnership that does
not have income effectively connected with the conduct of a trade or business in the
U.S. and does not have an office or place of business or a fiscal paying agent in the
U.S.;
0 Offeror is an agency or instrumentality of a foreign government;
D Offerer is an agency or instrumentality of a Federal, state, or local government;
D Other, State basis. ___________ _
0 Corporation providing medical and health care services, or engaged in the billing and
collecting of payments for such services;
0 Other corporate entity;
D Not a corporate entity;
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0 Sole proprietorship
0 Partnership
0 Hospital or extended care facility described in 26 CFR 50l(c)(3) that is exempt from
taxation under 26 CFR 50 I (a);
(f) Common Parent
9.
0 Offeror is not owned or controlled by a common parent as defined n paragraph A of this
clause.
0 Name and TIN of common parent:
0 Name -------------
0 TIN _________ _
PART II
PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
(Ref. FAR 51.111-11, FEB 99)
The Offeror represents that -
A. . It O has, 0 has not participated in a previous contract or subcontract subject either to the Equal
Opportunity clause of this solicitation;
B. it Ohas, 0 has not, filed all required compliance reports; and
C. representations indicating submission ofrequired compliance reports, signed by proposed lower-tier
subcontractors, will be obtained before subcontract awards.
10. CERTIFICATION OF NONSEGREGATED FACILITIES
(Ref. FAR 51.111-21, FEB 99)
(a) "Segregated facilities," as used in this clause, 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, sex or national
origin because of written or oral policies or employee custom. The term does not include separate or single-user rest
rooms or necessary dressing or sleeping areas provided to assure privacy between sexes.
(b) The contractor agrees 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
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location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this
clause is a violation of the Equal Opportunity clause in the contract.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal
Opportunity clause of this contract.
NOTE:
11.
12.
Subcontractor is required to include this certification in any lower-tier subcontract it enters to
perform any part of the work under its subcontract with Buyer.
AFFIRMATIVE ACTION COMPLIANCE
(Ref. FAR 52.Z12-25, APR 84)
The Offeror represents that:
A. It O has developed and has on file, 0 has not developed and does not have on file, at each
establishment, affirmative action programs required by the rules and regulations of th~ Secretary of
Labor (41 CFR 60-1 and 60-2), or
8. It O has not previously had contracts subject to the written affirmative action programs requirements of
the rules and regulations of the Secretary of Labor.
REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA
(DOD FAR 52.247-7022 DEC 91)
A. The Offeror shall indicate by checking the appropriate blank in paragraph (8) of this clause whether
transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined
in the Transportation of Supplies by Sea clause of this solicitation.
8. Representation.
C:
The Offeror represents that it -
□
□
Does anticipate that supplies will be transported by sea in the performance of any contract or
subcontract resulting from this solicitation
Does not anticipate that supplies will be transported by sea in the performance of any contract or
subcontract resulting from this solicitation.
Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If
the Offeror represents that it will not use ocean transportation, the resulting contract will also include the
Defense FAR Supplement clause at 252.24 7-7024, Notification of Transportation of Supplies by Sea.
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13.
14.
INFORMATION FOR DUTY-FREE ENTRY EVALUATION
(DFARS 151.225-7003)
A. ls the offer based on furnishing any supplies (i.e., end items, components,·or material) of foreign origin
other than those for which duty-free entry is to be accorded pursuant to the Duty-Free Entry Qualifying
Country End Products and Supplies Clause of this solicitation?
B.
C.
D.
Yes D No 0
If the answer in paragraph (A) is yes, answer the following questions?
I. Are such foreign supplies now in the United States?
Yes D No 0
2. Has the duty on such foreign supplies been paid?
Yes D No 0
3. If the answer to paragraph (8)(2) is no, what amount is included in the offer to cover such duty?
$ ____ _
If the duty has not been paid, the Government may elect to make award on a duty-free basis. If so, the
offered price will be reduced in the contract award by the amount specified in paragraph (8)(3). The
Offeror agrees to identify, at the request of the Contracting Officer, the foreign supplies which are
subject to duty-free entry.
Offers will be evaluated on duty included basis expect to the extent that -
I. The supplies are qualifying country end products as defined in either the Buy American Act and
Balance of Payments Program or in the Buy American Act, Trade Agreements Act, and Balance of
Payments Program clause of this solicitation; or
2. The duty-free price is specified for use in the evaluation procedure.
PART III
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
(Ref. FAR 51.203-1, APR 85)
A. The Offeror 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 with any
other Offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii)
the methods of 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
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indirectly, to any other offeror or competitor before bid or proposal opening unless otherwise I 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. .
B. Each signature on the offer is considered to be a certification by the signatory that the 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 subparagraphs A. I. through A.3. above; or
2. (i) Has 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 Offeror'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.I. through A.3. above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to
subparagraphs A. I. through A.3. above.
C. If the Offeror 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.
15. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(Ref. FAR 51.209-5, AMY 89)
A. I. The Offeror certifies, to the best of its knowledge and belief; that:
a. The Offeror and/or any of its Principals:
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(I) Are D are not D presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any Federal agency;
(2) Have D have not D within a three(3) year period preceding this offer, been convicted
ofor had a civil judgment rendered against them for: commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, state, or local)
contract or subcontract; violation of Federal or state antitJAJMS statutes relating to the
submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property; and
(3) Are D are not D presently indicted for, or otherwise criminal or civilly charged by a
governmental entity with, commission of any of the offenses enumerated in this
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provision.
b. The Offeror has D has not D, within a three (3) year period preceding this offer, had one or
more contracts terminated for default by any Federal agency.
2. '"Principals" for the purposes of this certification, means officers; directors; owners; planners; 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 MA TIER WITHIN THE JURISDICTION OF AN AGENCY OF THE
UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION
MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED
STATES CODE.
16.
8. The Offeror shall provide immediate written notice to the Buyer if, at any time prior to subcontract
award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
C. A certification that any of the items in A of this provision exists will not necessarily result in withholding
of an award under this solicitation. However, the certification will be considered in connection with a
determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide
such additional information as requested by the Buyer may render the Offeror nonresponsible.
D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the 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 offactupon which reliance
was placed when making award. If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available tci the Government, the Buyer may
terminate the subcontract resulting from this solicitation for default.
CONTINGENT FEE REPRESENTATION AND AGREEMENT
(Ref FAR 51.203-5, APR. 84)
A.
B.
Representation. The Offeror represents that, except for full-time bona fide employees working solely for
the Offeror, the Offeror -
I. D has, D has not employed or retained any person or company to solicit or obtain this
subcontract; and
2. D has D has not paid or agreed to pay to any person or company employed or retained to solicit
or obtain this subcontract any commission, percentage, brokerage, or other fee contingent upon or
resulting from the award of this subcontract.
Agreement The Offeror agrees to provide information relating to the above Representation as requested
by Buyer and, when subparagraph A. I. or A.2. is answered affirmatively, to promptly submit to Buyer-
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17.
I. A completed Standard Form 119, Statement of Contingent or Other Fees, (SF I 19); or
2. A signed statement indicating that the SF 119 was previously submitted to the same office,
including the date and applicable solicitation or subcontract number, and representing that the prior
SF 119 applies to this offer or quotation.
PARTIV
CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING
(June 2003)
(a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive
Order 12969, August 8, 1995.
(b) By signing this offer, the offeror certifies that --
(I) As the owner or operator of facilities that will be used in the performance of this contract that are
subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community
Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. I 1023) and section 6607 of the Pollution Prevention Act of 1990
(PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the
Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) ofEPCRA_and section
6607 of PPA; or
(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the
Form R filing and reporting requirements because each such facility is exempt for at least one of the following
-reasons: [Check each block that is applicable.]
[ I (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed under
section 313(c) ofEPCRA, 42 U.S.C. 11023(c);
[ I (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(l)(A)
of EPCRA, 42 U.S.C. 11023(b)(l)(A);
[ I (iii) The facility does not meet the reporting thresholds of toxic chemicals established under
section 313(1) of EPCRA, 42 U.S.C. 11023(1) (including the alternate thresholds at 40 CFR 372.27, provided
an appropriate certification form has been filed with EPA);
[ I (iv) The facility does not fall within Standard Industrial Classification Code (SIC) major groups
20 through 39 or their corresponding North American Industry Classification System (NAICS) sectors 31
through 33; or [ r (v) The facility is not located within any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern
Mariana Islands, or any other territory or possession over which the United States has jurisdiction.
18. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS.
(Ref. FAR 52.203-11, APR 91)
A. The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payment to
Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference
in paragraph 8, of this certification.
8. 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
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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 ~no
of any coopefative agreement, and the extension, continuation, renewal, amendmentormodificationof
any Federal contract, grant, loan, or cooperative agreement;
2. Ifany funds other than Federal appropriated funds (including profit or fee received undera covered
Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with this
solicitation, the Offeror shall complete and submit, with its offer, 0MB standard form LLL,
Disclosure of Lobbying Activities, to Buyer; and
3. he or she will include the language of this certification in all lower-tier subcontract awards at any
tier and require that all recipients of lower-tier subcontract awards in excess of$ I 00,000 shall
certify and disclose accordingly.
B. Submission of this certification and disclosure is a prerequisite for making or entering into this
subcontract imposed by Section 1352, Title 31, United States Code. Any person who makes an
expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed
or amended by this provision, shall be subject to a civil penalty ofnot less than$ I 0,000, and not more
than $100,000, for each such failure.
19. 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country (March
1998)
(a) Definitions. As used in this provision-
( I) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any
political subdivision, agency, or instrumentality thereof.
(2) "Terrorist country" means a country determined by the Secretary of State, under section 60)(1 )(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405U)(i)(A)), to be a country the government of which has repeatedly
provided support for acts of international terrorism. As of the date of this provision, terrorist countries include: Cuba,
Iran, Iraq, Libya, North Korea, Sudan, and Syria.
(3) "Significant Interest" means-
(i) Ownership of or beneficial interest in 5 percent
or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of
the finn's securities in "nominee shares," "street names," or some other method of holding securities that does not
disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii)
Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv)
Ownership of IO percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible
assets of the firm; or (v) Holding 50 percent or more of the indebtedness ofa firm.
(b) Prohibition on award. In accordance with IO U.S.C. 2327, no contract may be awarded to a finn or a subsidiary
of a firm if the government of a terrorist country has a significant interest in the fmn or subsidiary or, in the case
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of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.
(c) Disclosure. If the government ofa terrorist country has a significant interest in the Offeror or a subsidiary
of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a
subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm
that owns or controls the subsidiary. The disclosure shall include-
( I) Identification of each government holding a significant interest; and (2) A description of the
significant interest held by each government.
20. FAR 252.209-7002 Disclosure of Ownership or Control by a Foreign Government (Sep 1994)
(a)Definitions. As used in this provision-
(l)"Effectlvelv owned or controlled'' means that a foreign government or any entity controlled by a foreign
government has the power, either directly or indirectly, whether exercised or exercisable, to control the election,
appointment, or tenure of the Offeror's officers or a majority of the Offeror's board of directors by any means, e.g.,
ownership, contract, or operation oflaw (or equivalent power for unincorporated organizations).
(2) "Entity controlled by a foreign government"-(A) Any domestic or foreign organization or corporation that is
effectively owned or controlled by a foreign government; or (B) Any individual acting on behalf of a foreign
government. (ii) Does not include an organization or corporation that is owned, but is not controlled, either directly
or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign
government was effective before October 23, 1992.
(3)"Foreign government" includes the state and the government of any country (other than the United States and its
possessions and trust territories) as well as any political subdivision, agency, or instrumentality thereof.
(4) "Proscribed information" means-(i) Top Secret information; (ii) Communications Security (COMSEC)
information, except classified keys used to operate secure telephone units (STU Ills); (iii) Restricted Data as
defined in the U.S. Atomic Energy Act of 1954, as amended; (iv) Special Access Program (SAP) information; or
(v) Sensitive Compartmented Information (SCI).
(b) Prohibition on award No contract under a national security program may be awarded to an entity controlled by a
foreign government if that entity requires access to proscribed information to perform the co·ntract, unless the
Secretary of Defense or a designee has waived application of IO U.S.C. 2536(a).
( c) Disclosure. The offeror shall disclose any interest a foreign government has in the offeror when that interest
constitutes control by a foreign government as defined in this provision. If the offeror is a subsidiary, it shall also
disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including
reportable interest concerning the offeror's immediate parent, intermediate parents, and the ultimate parent. Use
separate paper as needed, and provide the information in the following format: /
Offeror's Point of Contact for Questions about Disclosure
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(Name and Phone Number with Country Code, City Code and Area Code, as applicable)
Name and Address of Offerer
Name and Address of Entity Controlled Description of Interest, Ownership by a Foreign Government Percentage,
and Identification of Foreign Government
21. COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION
(Ref, FAR 52.230-1, APR 96)
This provision does not apply to Sealed Bidding (Ref. FAR 30.301)
Note: This notice does not apply to small businesses or foreign governments. This noti.ce is in three
parts, identified by Roman numerals I through Ill. '
Offerers shall examine each part and provide the requested information in order to determine Cost Accounting
Standards (CAS) requirements applicable to any resultant contract.
If the offerer is an educational institution, Part II does not apply unless the contemplated contract will beisubject to
full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6}, respectively. ,
I. Disclosure Statement --Cost Accounting Practices and Certification
(a) Any contract in excess of$500,000 resulting from this solicitation will be subject to'the
requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for'those
contracts which are exempt as specified in 48 CFR 9903.201-1. I
(b) Any offerer submitting a proposal which, if accepted, will result in a contract subject to the
requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Discldsure
Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement rriust be
submitted as a part of the offerer's proposal under this solicitation unless the offerer has already
submitted a Disclosure Statement disclosing the practices used in connection with the pricing of
this proposal. !fan applicable Disclosure Statement has already been submitted, the offerer may
satisfy the requirement for submission by providing the information requested in paragraph (c) of
Part I of this provision.
' Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure
Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or' agreed-to
practice for pricing proposals or accumulating and reporting contract performance cost d:ata.
(c) Check the appropriate box below:
Proposal Documents ATT 1-17
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Proposal Documents
• (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been
submitted as follows: ·
(i) Original and one copy to the cognizant Administrative Contracting Officer
(ACO) or cognizant Federal agency official authorized to act in that capacity
(Federal official), as applicable; and
(ii) One copy to the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as
applicable. Forms may be obtained from the cognizant ACO or Federal
official and/or from the loose-leaf version of the Federal Acquisition
Regulation.)
Date of Disclosure Statement: ________ Name and
Address of Cognizant ACO or Federal Official Where Filed:
The offerer further certifies that the practices used in estimating costs in
pricing this proposal are consistent with the cost accounting practices
disclosed in the Disclosure Statement.
• (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby
certifies that the required Disclosure Statement was filed as follows:
Date of Disclosure Statement: ~-c----c,----_ Name and Address of Cognizant ACO or Federal Official Where Filed: __________ _
The offeror further certifies that the practices used in estimating costs in pricing
this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement. ·
• (3) Certificate of Monetary Exemption. The offerer hereby certifies that the offeror,
together with all divisions, subsidiaries, and affiliates under common control, did not
receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling
$50 million or more in the cost accounting period immediately preceding the period in
which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting
Officer immediately.
• (4) Certificate of Interim Exemption. The offeror hereby certifies that
(i) the offeror first exceeded the monetary exemption for disclosure, as defined
in (3) of this subsection, in the cost accounting period immediately preceding the
period in which this offer was submitted and
(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to
submit a Disclosure Statement. The offerer further certifies that if an award
resulting from this proposal has not been made within 90 days after the end of
that period, the offeror will immediately submit a revised certificate to the
Contracting Officer, in the form specified under subparagraph (c)(l) or (c)(2) of
ATT 1-18
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Part I of this provision, as appropriate, to verify submission ofa completed
Disclosure Statement.
Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime
contract or subcontract of $50 million or more in the current cost accounting period may not claim
this exemption (4). Further, the exemption applies only in connection with proposals ~ubmitted
before expiration of the 90-day period following the cost accounting period in which the monetary
exemption was exceeded.
II. Cost Accounting Standards --Eligibility for Modified Contract Coverage
Ifthe offeror is eligible to use the modified provisions of48 CFR 9903.201-2(b) and elects to do
so, the offeror shall indicate by checking the box below. Checking the box below shall mean that
the resultant contract is subject to the Disclosure and Consistency of Cost Accounting'Practices
clause in lieu of the Cost Accounting Standards clause.
• The offeror hereby claims an exemption from the Cost Accounting Standards clause 'under the
provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the
Disclosure and Consistency of Cost Accounting Practices clause because during the cost
accounting period immediately preceding the period in which this proposal was submitted, the
offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts.
The offeror further certifies that if such status changes before an award resulting from this
proposal, the offeror will advise the Contracting Officer immediately.
Caution: An offeror may not claim the above eligibility for modified contract coverage if this
proposal is expected to result in the award of a CAS-covered contract of $50 million or''more or if,•
during its current cost accounting period, the offeror has been awarded a single CAS-ccivered
prime contract or subcontract of$50 million or more. '
III. Additional Cost Accounting Standards Applicable to Existing Contracts
The offeror shall indicate below whether award of the contemplated contract would, in accordance
with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established
cost accounting practic7s affecting existing contracts and subcontracts.
•yes*no
(End of Provision)
Alternate I (Apr /996). As prescribed in 30.201-3(b), add the following subparagraph (c)(5) to Part I of the basic
provision:
• (5) Certificate of Disclosure Statement Due Date by Educational Institution. If the offeror is an
educational institution that, under the transition provisions of 48 CFR 9903.202-l(t), is or will be
required to submit a Disclosure Statement after receipt of this award, the offeror hereby certifies
that (check one and complete):
• (i) A Disclosure Statement Filing Due Date of ______ has been established
with the cognizant Federal agency.
• (ii) The Disclosure Statement will be submitted within the 6-month period ending
____ months after receipt of this award. I
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22.
Name and Address of Cognizant ACO or Federal Official Where Disclosure . Statement is to be Filed: ___________________ _
BUYER ACCESS TO FINANCIAL RECORDS
(Ref. FAR 15.804-6; 15.805-5; 15.806)
Cost or pricing data is not to be submitted with Offeror's proposal unless it is stated as a requirement in the
solicitation documents or Buyer establishes such a requirement any time prior to subcontract award.
Submission of cost or pricing data is required if it is detennined that the prices are not (I) based on adequate
price competition; (2) based on established catalog or market prices of commercial items sold in substantial
quantities to the general public; or (3) set by law or regulation.
If none of the above exemptions are satisfied, Buyer then has.the responsibility to review and evaluate Offeror's
proposal and supporting cost and pricing data and furnish the results of such review and evaluation to JAJMS.
Therefore; since Buyer would require access to Offeror's financial records pertaining to direct/indirect rates,
Offeror is directed to review the referenced FAR provisions and indicate below whether, in the event an audit is required, it will grant Buyer complete and unrestricted audit access for the direct/indirect rates and costs presented in its proposal:
Offeror grants O /denies O Buyer complete and unrestricted audit access to all company ( corporate, if applicable) financial records/forecasts required to verify its proposed direct/indirect rates and costs. This access will include, but not be limited to, the general ledger, profit and loss statements, and other records nonnally provided to Government audit agencies.
Audits, at Offeror (or Subcontractor) premises, should be coordinated with _______________ at (phone) ______ _
lfOfferor should deny Buyer access to its financial records, Buyer shall request an agency of the Government the Defense Contract Audit Agency (DCAA), or other Government audit assist agencies, to verify the proposed data in accordance with FAR provisions.
Proposal Documents ATT 1-20 48369.0131
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Attachment No. 2A to Proposal Form
Listing of Lower-Tier Subcontractors
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ATTACHMENT NO. 2A OF PROPOSAL FORM
LISTING OF LOWER-TIER SUBCONTRACTORS
The names of subcontractors to be used for the Work shall be entered in the spaces provided below as required by the
Instructions to Bidders. The named subcontractors shall be used unless a substitution is allowed as provided by the
Subcontract Documents.
Failure to furnish all infonnation requested in the listing within the prescribed time period may be cause for rejection of the
Bid.
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Area of Work
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Name of subcontractor
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Attachment No. 2B to Proposal Form
Listing of Suppliers
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ATTACHMENT NO. 2B OF PROPOSAL FORM
LISTING OF SUPPLIERS
The names of suppliers to be used for the Work shall be entered in the spaces provided below as required by the Instructions
to Bidders. The named suppliers shall be used and furnished unless a substitution is allowed as provided by the Subcontract
Documents.
Substitution of suppliers will be permitted only if named equipment does not meet the requirements of the Subcontract
Documents, the supplier is unable to meet the delivery requirements of the construction schedule, the supplier is dilatory in
complying with the requirements of the Subcontract Documents, or for other reason specified in the Subcontract Documents.
Substitutions shall be subject to concurrence of the Contractor and shall be confirmed by change order.
Preliminary acceptance of equipment listed by supplier's name shall not in any way constitute a waiver of the specifications
covering such equipment; final acceptance will be based on full conformity with the Subcontract Documents.
Failure to furnish all information requested in the listing within the prescribed time period may be cause for rejection of the
Bid.
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3.
4.
5.
6.
7.
8.
9.
10.
Equipment Type
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Attachment No. 3 to Proposal Form
Experience and Safety Questionnaires
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ATTACHMENT No. 3 of PROPOSAL FORM
EXPERIENCE AND SAFETY QUESTIONNAIRES
(To be completed by each Bidder and submitted with Bid)
EXPERIENCE QUESTIONNAIRE
I. How many years has your organization been in business as a contractor under your present business name?
2.
3.
How many years of experience has your organization had in the proposed type and size of construction work?
(a) As a general contractor __
(b) As a subcontractor
List the three most recent construction projects your organization has completed similar in scope to the
proposed work.
Name _____________ _ Phone ______________ _
Contact of Owner ____________________________ _
Contract Amount$ ____________ When Completed? _________ _
Description of Work ___________________________ _
Name _____________ _ Phone ______________ _
Contact of Owner ____________________________ _
Contract Amount$ ____________ When Completed?------~---
Description of Work ___________________________ _
Name _____________ _ Phone ______________ _
Contact of Owner ____________________________ _
Contract Amount$ ____________ When Completed? _________ _
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Description of Work ___________________________ _ ,I
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4. What other important projects have your organization completed? I
Name _____________ _ Phone _____________ _ I
Contact of Owner ____________________________ _
Contract Amount$ ____________ When Completed? _________ _ I
Description of Work ___________________________ _ I
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Name _____________ _ Phone ______________ _
Contact of Owner ____________________________ _ I
Contract Amount$ ____________ When Completed? _________ _ I
Description of Work ___________________________ _
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Name ______________ _ Phone ______________ _
Contact of Owner ____________________________ _ I
Contract Amount$ _________ _ When Completed? _________ _ I
Description of Work ___________________________ _
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5.
6.
7.
In addition to the Owners above, list at least two corporations, individuals, cities, counties, or states for whom
you have performed work and the name of the individual to whom you refer.
List at least two engineering firms with whom you have worked and the name of the individual to whom you
refer.
Have you ever failed to complete any work awarded to you? If so, where and why?
8. Name of your Surety Company and the name and address of your agent you expect to use in the event this
contract is awarded to you.
9. What is your present bonding capacity?
10. What is the construction experience of the principal individuals of your organization?
Years of
Construction
Name _____________ Position _____ Experience ________ _
Magnitude & Type of Work _______________________ _
In What Capacity? ____________________________ _
Years of
Construction
Name _____________ Position _____ · Experience ________ _
Magnitude & Type of Work _______________________ _
In What Capacity? __________________________ _
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Years of
Construction
Name ____________ Position _____ Experience ________ _
Magnitude & Type of Work _________________________ _
In What Capacity? ____________________________ _
11. List the major items of equipment which you own or which will be available for use on the proposed work:
Age in
Quantity. Description. & Capacity Years Condition
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12. List below the contracts that you. your company, or corporation were party during the previous IO years which I
were involved in litigation of any type or had a claim in an amount over $ I 0,000.
13. On a typical project. what percent of the work is completed by your own forces? ___ _ What percent by
subcontract?
14. Attach copies of your last audits and most recent interim balance sheet and income statement. These financial
statements should have been audited by a Certified Public Accountant.
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BLACK & VEATCH
Special Projects Corp. Date _________ _
CONTRACTOR SAFETY AND HEAL TH PROGRAM QUESTIONNAIRE
Please complete questionnaire and attach additional information for other locations as necessary.
Company Name:
Company Type (General Contractor, Mechanical, etc.):
Address: Telephone No.: _______ _
--.... -----. --. -----. --------.. ----. ---------. ------. ---------. ----------------. ---------------. ----------.. -----. --------------------
RESOURCES
1. Name of company Safety and Health Contact:
Title:
2. What percent of this person's time is spent on safety and
health related matters?
3. What professional safety and health certifications does this
person hold (e.g., CSP, PE, CIH)?
4. How many other full-time safety and health representatives
are employed by your company?
5. Name of Safety Representative:
Title:
What percent of this person's time is spent on safety and
health related matters?
Submit copy of Safety Representative's qualifications with
completed questionnaire.
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% -----------
% ----------
48369.0131
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-Special Projects Corp.
Date ----------•
CONTRACTOR SAFETY AND HEAL TH PROGRAM QUESTIONNAIRE
Please complete questionnaire and attach additional information for other locations as necessary.
6. Does your company have a written procedure to ensure that adequate safety and health program resources, such as budget, equipment, training, and manpower are included in each project bid? If yes, submit a copy with completed
questionnaire. D Yes SAFETY AND HEAL TH PROGRAM ELEMENTS
1. Does your company have a written safety, health, and accident prevention program (SP)? If yes, submit a copy · with your completed questionnaire. If the answer is no, the bid may be disqualified. D Yes
2. Does your company have a written procedure to ensure safety and health issues are preplanned into each project and work operation (e.g., job hazard analysis, checklists,
etc.)? If yes, submit a copy with the completed
questionnaire or reference page number in the SP. D Yes
3. Does your company have a written safety incentive
program that will be implemented on this project? If yes, submit a copy with the completed questionnaire or reference page number in the SP. D Yes
4. Does your company have a written accidenUincident
investigation procedure? If yes, submit a copy with the completed questionnaire or reference page number in the SP. 0~
Do your written procedures require near-miss incidents to be investigated?
5. Does your company have a written safety and health training program? If yes, submit a copy with the completed questionnaire or reference page number in the SP. If the answer is no, t~e bid may be disqualified.
If yes, does the program include the following?
New employee/project orientation.
Weekly "toolbox" meetings.
Daily job briefings.
Supervisor safety training.
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D Yes
D Yes
D Yes
D Yes
D Yes
D Yes
0 No
0 No
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BLACK & VEATCH
Special Projects Corp. Date ----------
CONTRACTOR SAFETY AND HEAL TH PROGRAM QUESTIONNAIRE
Please complete questionnaire and attach additional information for other locations as necessary.
Task specific training.
OSHA required training.
D Yes
D Yes _______________ D Yes Other
6. Does your company have a written procedure to ensure
that only employees who are qualified by training and
experience are allowed to operate equipment, tools,
machinery, and vehicles? If yes, submit a copy with the
completed questionnaire or reference page number in the
SP. □~
7. Does your company designate and train competent people
as required by the applicable OSHA standards (e.g.,
excavations, scaffold, erection, etc.)? D Yes
8. Does your company have a written procedure to audit
projects to ensure all projects are in compliance with
applicable laws, requirements, etc.? If yes, submit a copy
with the completed questionnaire or reference page
number in the SP. D Yes
9. Does your company have a written procedure to screen
subcontractors based on their past safety performance? If
yes, submit a copy with the completed questionnaire or
reference page number in the SP. D Yes
10. Does your company use a screening process to ensure
employees are physically able to perform work as
assigned? If yes, submit a copy with the completed ·
questionnaire or reference page number in the SP. D Yes
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
Page No. __
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DRUG FREE WORKPLACE PROGRAM
1. Does your company have a written drug free workplace
program that includes drug testing? If yes, submit a copy
with your completed questionnaire. If the answer is no, the
bid may be disqualified. D Yes
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Special Projects Corp.
Date----------,
CONTRACTOR SAFETY AND HEAL TH PROGRAM QUESTIONNAIRE
Please complete questionnaire and attach additional information for other locations as necessary.
2. If the answer to Question 1 is yes, does your written drug
free workplace program include the following?
Pre-employment drug and alcohol testing.
Post accident drug and alcohol testing.
For cause drug and alcohol testing.
Random drug and alcohol testing.
Supervisor and employee training.
0 Yes
0 Yes
O Yes
O Yes
O Yes
0 Yes
□ No
□ No
□ No
□ No
□ No
□ No
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------------. ----. --. -. ---------. -------. ---------------. -----. ------------. --. -------. -------. -------. --... ----. --------. ------------
OSHA CITATIONS
1. Has your company received any Federal or State Plan
OSHA citations within the last 3 years?
2. If the answer to question 1 is yes, how many of each of the
following types of citations have you received?
Willful
Imminent danger
Serious
Nonserious
De minimus
0 Yes 0 No
Give a brief description of the nature of the citation(s), or attach a copy of the citation(s).
--------------------. --------------. -. --. --------------. -----. ------------.. --. -------------. -. --------------------.. --. -. --. ---. -----
ACCIDENT AND ILLNESS STATISTICS
1. How many man-hours has your company worked in each
of the last 3 years?
2. How many OSHA recordable injuries did your company
experience in each of the last 3 years?
Proposal Documents ATT 3-9
Ram Leather Care Superfund Site
Year Year Year
48369.0131
December 2005
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BLACK & VEATCH
S p e c i a I P r o j e c t s C o r p. Date ----------
CONTRACTOR SAFETY AND HEAL TH PROGRAM QUESTIONNAIRE
Please complete questionnaire and attach additional information for other locations as necessary.
3. Based on the below listed formula (a), what are your
incident rates for each of the last 3 years? If the rates are
above the current national average, the bid may be
disqualified.
4. How many lost time accidents has your company
experienced in each of the last 3 years?
5. Based on the below listed formula (b), what is your lost
workday case rate for each of the last 3 years? If the rates
are above the current national average, the bid may be
disqualified.
6. How many fatalities has your company experienced in
each of the last 3 years?
7. Submit a copy of your OSHA 300 logs for the last 3 years
with your completed questionnaire.
(a) Number of injuries and illnesses x 200.000
Man-hours worked
(b) Number of lost time injuries and illnesses x 200,000
Man-hours worked
Proposal Documents ATT 3-10
Ram Leather Care Superfund Site
48369.0131
December 2005
~~
. BLACK & VEATCH
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Special Projects Corp.
Date----------,
CONTRACTOR SAFETY AND HEAL TH PROGRAM QUESTIONNAIRE
Please complete questionnaire and attach additional information for other locations as necessary.
WORKERS' COMPENSATION EXPERIENCE MODIFICATION RATE
1.
2.
List your company's Workers' Compensation Experience
Modification Rate for each of the last 3 years. If most
recent year has a rate greater than one, the bid may be
disqualified.
Submit, on your insurance company letterhead, your
Workers' Compensation Experience Modification Rate for
Year
each of the last 3 years with your completed questionnaire. ___ _
Year Year
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---. ----. -. --.. -. ------------------------. ---. -----. --------------. --. --.. ------. --------------------. -. --. ---. ---. ----. --------------
Is there any additional information you feel we need to properly evaluate your company's safety and health
program? If yes, please explain below or attach additional sheets.
Name of Person Completing Questionnaire (Please Print):
Signature of Person Completing Questionnaire:
Title: Date:
Proposal Documents ATT 3-l l 48369.013 l
Ram Leather Care Superfund Site December 2005
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Attachment No. 4 to Proposal Form
Certification of Training, Medical, and Safety Requirements
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ATTACHMENT NO. 4 OF PROPOSAL FORM
CERTIFICATION OF TRAINING, MEDICAL, AND
SAFETY REQUIREMENTS
The Subcontractor hereby certifies that it has read, understands, and has made available to its employees copies of 29
CFR 1926.65, 29 CFR 1926.103, and the provisions of American National Standards Institute Standard Z88.2 and Z88.6
for respiratory protection. The Subcontractor hereby certifies that the Subcontractor, its employees, and its
subcontractors who will be engaged in working on or near the Ram Leather Care project site will meet the provisions of
the above documents. The Subcontractor will certify that each employee, by name, meets the provisions of the above
documents prior to working on a hazardous waste site under the Subcontract Documents. These requirements include,
but are not limited to, the following items:
A.
B.
C.
D.
E.
F.
The Subcontractor's employees have been examined by a licensed physician within the last 12 months and have
been determined to be physically able to perform the Work, and to use the respiratory and other protective
equipment required for this assignment;
The Subcontractor's employees have been trained in the proper use of respirators and their limitations;
The employees have received health and safety training for working on hazardou~ waste sites according to the
provisions of29 CFR 1926.65;
The Subcontractor has established and is maintaining a respiratory protection program that complies with the
provisions of29 CFR 1926. 103;
The Subcontractor has established and is maintaining a Health and Safety Program that complies with the
provisions of 29 CFR 1926.65;
The Subcontractor maintains appropriate surveillance of the Work area conditions and degree of employee
exposure or stress.
The Subcontractor further certifies that only respirators approved or accepted by NIOSH/MSHA will be used by the
Subcontractor's employees; that each of the Subcontractor's employees has been properly titted to the respirators
provided by the Subcontractor, including a test of the face-to-face piece seal; that the Subcontractor has provided its
employees with written procedures covering safe use of respirators in dangerous atmospheres; and that the Subcontractor
has established a program for inspection, maintenance, and care of the respirators.
Signature of Subcontractor
Title
Date
Proposal Documents
Ram Leather Care Superfund Site
ATT 4-1 48369.0131
December 2005
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Attachment No. 5 to Proposal Form
Small and Disadvantaged Business Enterprise Utilization
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ATTACHMENT NO. S OF PROPOSAL FORM
SMALL AND DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION
To be eligible for award of this contract, Bidder must complete and submit with the Bid this cenification relating to
Small and Small Disadvantaged Business Enterprise utilization. This cenification shall become pan of the
Subcontract Documents. Should Bidder fail to complete the attachment or include false infonnation, the Bid will be
considered ·non-responsive.
Bidder acknowledges that goals have been established for this Agreement in the amount of:
Total Small Business Enterprise (SBE) .JQ_ percent
(Includes SDBE and WBE !inns)
Small Disadvantaged Business Enterprise (SDBE) ..1Q_ percent
Woman-Owned Business Enterprise (WBE) ...l.Q__ percent
The Bidder cenifies that if it is the Successful Bidder on the Project, the following SBE/SDBEIWBE !inns will be
utilized on the Project and compensated in the amounts shown:
Dollar Amount
Finn Name Description of Work
I.
2.
3.
4.
5.
Total Panicipation
Proposal Documents
Ram Leather Care Superfund Site
ATT 5-1
SBE WBE SDBE
$_ $_ $_
48369.0131
December 2005
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SUBCONTRACT AGREEMENT
Project Number: 48369
Subcontract Number:
Cost Code Number:
THIS AGREEMENT, By and between Black & Veatch Special Projects Corp., ("Contractor"}, and
("Subcontractor"), is effective the __ day of _____ , 20_.
WITNESSETH that Contractor and Subcontractor for the consideration hereinafter named, agree as follows:
ARTICLE I -SCOPE OF WORK
Contractor has entered into a contract ("Prime Contract") with the U.S. Environmental Protection Agency ("Owner")
to perform soil interim remediation activities at the Ram Leather Care site ("Project").
The Subcontractor's part of the Project, (the "Work") is set out in Attachment A, Performance Work Statement
(PWS), attached hereto and incorporated herein by reference. The Subcontractor shall furnish all labor (including
all payroll taxes and insurance), along with competent supervision, equipment, materials, tools, scaffolding,
supplies, transportation, shop drawings and samples, licenses, permits, fees, and technical, professional, and other
services necessary for and incident to the performance of the Work; and, give all notices and comply with all
applicable laws, building codes, ordinances, regulations and orders of any public authority bearing on the design and
construction of the Work under this Agreement.
The Subcontractor agrees to perform such Work as an independent contractor under the general direction of
Contractor and subject to the final approval of the Owner, in accordance with the Subcontract Documents. The
Subcontract Documents are complementary, and what is called for by any one shall be as binding as if called for by
all. The Subcontract Documents include this Agreement; the following Attachments-A through J; Request for
Proposal; Instruction to Proposers; the Proposal Form and its attachments; Subcontractor's Proposal and Work Plan;
Notice of Award; Notice to Proceed; Addenda; Bonds; and Change Orders.
Attachment A-Performance Work Statement
Attachment B -Subcontract Sum and Terms of Payment
Attachment C -Prime Contract Clauses
Attachment D -Insurance Requirements
Attachment E -General Terms and Conditions
Attachment F -Special Conditions
Attachment G -Safety and Health Requirements
Attachment H -Construction Health and Safety Program
Attachment I -Davis-Bacon Wage Rates
Attachment J -Bond Forms
Proposal Documents
Ram Leather Care Superfund Site
General Construction
S-1
48369.0131
December 2005
The Subcontractor binds itself to Contractor for the performance of Subcontractor's Work in the same manner as
Contractor is bound to the Owner for such performance under the Prime Contract, to the extent it pertains to
subcontractor's scope of work.
Before undertaking each part of the Work, Subcontractor shall carefully study and compare the Subcontract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
Sub.contractor shall promptly report in writing to Contractor any conflict, error, ambiguity, or discrepancy which
Subcontractor may discover and shall obtain a written interpretation or clarification from Contractor before
proceeding with any Work affected thereby.
ARTICLE 2 • PROJECT SCHEDULE
Subcontractor will commence, and thereafter prosecute the Work in accordance with the Project Schedule so as not
to cause any delays or interference with the completion of the Project or in the obtaining of payments by Contractor
from the Owner or the final acceptance of the Project by the Owner. TIME JS OF THE ESSENCE under this
Agreement. If the Subcontractor does not commence the Work in accordance with the Project Schedule, or if at any
time the Work is not performed in accordance with such schedule, the Subcontractor agrees, upon three (3) days
written notice from Contractor, to provide the necessary personnel and supply such equipment, materials, overtime
work, workers, and other devices and facilities as necessary so as to expedite the Work. Such notice, once given,
shall continue in effect until the Work specified therein has been fully completed, even though the Subcontractor has
initially acted under the notice but has failed to continue to do so until complete performance thereof. Subcontractor
shall work overtime, at the direction of Contractor without additional cost to Contractor if such overtime work is
necessary to cure delinquency in maintaining the Project Schedule and such delinquency is due to delays by
Subcontractor.
The Subcontract Time is the number of days or the dates stated in the Agreement to achieve Substantial Completion for
a portion of the Work and to complete the Work so that it is ready for final payment in accordance with the terms of
this Agreement. The Subcontract Time will commence to run on the thirtieth day after the effective date of the
Agreement, or if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may
be given at any time within thirty days after the effective date of the Agreement.
Subcontractor agrees that the Work will be substantially completed and completed and ready for final payment in
accordance with the terms of this Agreement as specified in the table below.
Milestone
Proposal Documents
Ram Leather Care Superfund Site
General Construction
Substantial Completion Date
S-2
Completion Date
48369.0131
December 2005
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ARTICLE 3 • SUBCONTRACT SUM AND PAYMENTS
Contractor shall pay the Subcontractor an amount for the satisfactory performance of Subcontractor's Work as
provided in Attachment B, Subcontract Sum and Terms of Payment ("Subcontract Sum"). The Subcontractor shall
submit invoices and requests for payment and shall receive payment in accordance with the provisions of
Attachment B, Subcontract Sum and Terms of Payment, Attachment E, General Terms and Conditions, and
Attachment F, Special Conditions.
ARTICLE 4 -GOVERNING LAW
This Agreement shall be governed by the law in effect in the State of North Carolina.
ARTICLE 5 · LIQUIDATED DAMAGES
Contractor and the Subcontractor agree that the cost of a delay in the date of Completion of the Work is impossible
to calculate at this time. Therefore, Contractor and the Subcontractor agree that, if the Work is not Complete on or
before the time for Substantial Completion required by this Agreement then the Subcontractor shall pay to
Contractor (and Contractor shall be entitled to withhold from payments otherwise due to the Subcontractor) as full
and complete liquidated damages and not as a penalty, the sum of ,_ _____ _ for each calendar day that
Substantial Completion of the portion of the Work is delayed beyond the required time for Substantial Completion
and$, ___ for each day that the Work is delayed beyond the time specified for completion of Milestone 6. In case
the amount of liquidated damages due is greater than the final subcontract payment, Subcontractor shall pay the
difference due to Contractor.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized
officers.
(Name of Subcontractor)
By: ___________ _
Title:. _____________ _
Date:. ______________ _
Proposal Documents
Ram Leather Care Superfund Site
General Construction
S-3
Black & Veatch Special Projects Corp.
By: _____________ _
Title:. _____________ _
Date:. ______________ _
48369.0131
December 2005
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Attachment A
Soil Excavation Performance Work Statement
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Attachment A
Soil Excavation Performance Work Statement
Revision 1
Ram Leather Care Site
Charlotte, Mecklenburg County, North Carolina
/
USEPA Work Assignment 369-RDRD-A419
BVSPC Project No. 048369.0131
February 10, 2006
Prepared by
Black & Veatch Special Projects Corp.
1145 Sanctuary Parkway, Suite 475
Alpharetta, Georgia 30004
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Soil Excavation Performance Work Statement
Contents
Revision 1
February 10, 2006
Page No.
Acronyms and Abbreviations ....................................................................................... AA-I
1.0 Introduction ............................................................................................................. 1-l
1.1 Project Goals .................................................................................................. 1-1
1.2 Purpose ........................................................................................................... 1-l
1.3 Site Location and Description ........................................................................ 1-2
1.4 Site History ..................................................................................................... 1-3
1.5 Hydrogeologic Setting .................................................................................... 1-8.
1.5.1 Topography and Surface Drainage ........................................................ 1-9
1.5.2 Climate .................................................................................................. 1-9
1.5.3 Geology ................................................................................................. 1-9
1.5.4 Hydrogeology ...................................................................................... 1-l 1
1.6 Soil Characterization and Extent of Contamination ..................................... I-I I
1.6.1 Septic System/Septic Tank Drain Field ............................................... 1-1 l
1.6.2 Drainage Ditch/Culvert -North Area of Site ...................................... 1-12 -
1.6.3 Former Dumpster Area .......................................... : ............................. 1-12
1.6.4 Former Drum Storage Area ................................................................. 1-12
1.6.5 Results ofGeotechnical Testing ........................ : ................................. 1-14
2.0 Scope ofWork ......................................................................................................... 2-l
2.1 Project Overview ............................................................................................ 2-l
2.2 Overview of Subcontractor Services to be Provided ..................................... 2-1
2.3 Overview of Contractor's Responsibilities .................................................... 2-3
2.4 Compliance with the Davis-Bacon Act .......................................................... 2-3
3.0 Requirements ........................................................................................................... 3-l
3.1 Project Overview and General Requirements ............................ : ................... 3-l
3.2 Site-Specific Plans ............................................................................................ 3-3
3.2.1 Remedial Action Work Plan .................................................................. 3-3
3.2.2 Site Management Plan ........................................................................... 3-5
3.3 Remedial Activities ........................................................................................ 3-6
3.3.1 Soil Confirmation Testing ..................................................................... 3-6
3.3.2 Pre-Excavation Activities ...................................................................... 3-7
3.3.3 Soil Excavation ...................................................................................... 3-8
3.3.4 Offsite Transportation and Disposal.. .................................................... 3-9
3.3.5 Excavation Backfilling and Site Restoration ....................................... 3-10
3.3.6 Pre-Final and Final Site Inspections .................................................... 3-l l
3.4 Operation and Maintenance Activities ......................................................... 3-l l
3.5 Reporting .................................................................................................... 3-l l
TOC-1
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Contents (Continued)
Revision I
February IO, 2006
Page No.
3.5.1 Daily Quality Control Reports ............................................................. 3-12
3.5.2 Progress Reports .................................................................................. 3-12
3.5.1Remedial Action Report ...................................................................... 3-12
3.6 Summary of Performance Requirements ..................................... : ............... .3-13
4.0 References .............................................................................................................. .4-l
Table 3-1
Table 3-2
Table 3-3
Figure 1-1
Figure 1-2
Figure 1-3
Figure 3-1
Appendix A
AppendixB
Appendix C
Appendix D
Tables
Soil Interim Remedial Action Task Summary
Performance-Based Contracting Summary Table
Summary of Performance Requirements
Site Vicinity Map
Site Layout Map
Figures
PCE Detections in Soil (1999) and Proposed Excavation Area
Detail of Soil Excavation Area
Appendices
Geotechnical Investigation Summary Report
List of Standards, Methods, and Guidelines
Work Breakdown Structure Remedial Action Schedule
Numerical Example of Table 3-2 Showing Fee Structure
TOC-2
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EPA Contract No. 68-W-99-043 Revision 1
February 10, 2006 Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
ams!
ARAR
AST
Black & Veatch
bis
BNA
CERCLA
CHASP
CY
DMP
DOT
DQCR
EPA
FSP
!ROD
JSA
kg
MCDEP
NCDEM
NCDENR
NOV
O&M
OSHA
PCB
PCE
PCMP
ppb
PWS
QA
RA
RAP
RAWP
RCRA
RI
SESD
SMP
SSL
svoc
TAL
TCE
Acronyms and Abbreviations
above mean sea level
Applicable or relevant and appropriate requirement
aboveground storage tank
Black & Veatch Special Projects Corp.
below land surface
base neutral acid
Comprehensive Environmental Response, Compensation and Liability .
Construction Health and Safety Plan
cubic yards
Data Management Plan
Department of Transportation
Daily Quality Control Report
U.S. Environmental Protection Agency
Field Sampling Plan
Interim Record of Decision
job safety analysis
kilogram
Mecklenburg County Department of Environmental Protection
North Carolina Division of Environmental Management
North Carolina Department of Environment and Natural Resources
Notice of Violation
operations and maintenance
Occupational Safety and Health Administration
polychlorinated biphenyls
tetrachloroethylene
Pollution Control and Mitigation Plan
parts per billion
Performance Work Statement
quality assurance
Remedial Action
Remedial Action Plan
Remedial Action Work Plan
Resource Conservation and Recovery Act
Remedial Investigation
Science and Ecosystem Support Division
Site Management Plan
soil screening level
semi-volatile organic compound
target analyte list
trichloroethylene
AA-1
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
TCL
TCLP
USACE
USGS
ug/kg
voe
WBS
WMP
Acronyms and Abbreviations (Continued)
target compound list
toxicity characteristic leaching procedure
U.S. Army Corps of Engineers
U.S. Geological Survey
micrograms per kilogram
volatile organic compound
work breakdown structure
Waste Management Plan
AA-2
Revision I
February 10, 2006
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
1.0 Introduction
Revision I
February 10, 2006
The United States Environmental Protection Agency (?PA), under the authority of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986
(SARA), has initiated proce4ures to conduct a Remedial Action (RA) at the Ram Leather
Care Site, located in Charlotte, Mecklenburg County, North Carolina (Figure 1-1). This
Performance Work Statement (PWS) has been prepared by the Contractor, Black &
Veatch Special Projects Corp. (Black & Veatch), under Contract Number 68-W-99-043
with EPA Region 4 and under specific authorization of EPA Region 4 through Work
Assignment Number 369-RDRDsA419.
1.1 Project Goals
Under this subcontract, the Subcontractor shall conduct soil confirmation testing, site
preparation, soil excavation of approximately 3,500 cubic yards (CY) of contaminated
soil (exact quantity to be determined by confirmation sampling activities), offsite
transportation and disposal, s_oil backfilling and site restoration at the Ram Leather Care
site in Charlotte, Mecklenburg County, North Carolina, to meet all applicable federal,
·state, and local standards, as well as the performance requirements described in this PWS.
The Subcontractor, through confirmation sampling and the removal of contaminated
soils, shall endeavor to meet the interim remediation goals at the completion of the
project.
1.2 Purpose
The purpose of this PWS is to set forth the framework and requirements for
implementing the soil remediation at the Ram Leather Care site. The Interim Record of
Decision (!ROD) issued September 2004 defines the selected interim remedy as
excavation, off-site transportation, and disposal. The work to be performed under the
interim RA includes soil confirmation testing, site preparation, soil excavation, offsite
transportation and disposal, soil backfilling and site restoration, and other requirements as
specified in this PWS.
1-1
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Soil Excavation Performance Work Statement
1.3 Site Location and Description
Revision I
February IO, 2006
The Ram Leather Care site is located at 15100 Albemarle Road (Route 24/27) in a rural
area of eastern Mecklenburg County, North Carolina, just west of the Cabarrus County
line. The site is located at 35 ° 13' 41" North Latitude and 80° 36' 24.50" West
Longitude. The site is located approximately four miles east of the Charlotte city
boundary.
Ram Leather Care restored leather goods and operated as a dry cleaning facility.
Chlorinated hydrocarbon chemicals [primarily tetrachloroethylene (PCE) and petroleum
hydrocarbons (mineral spirits)] were used in the cleaning process. The dry cleaning
facility is no longer in operation. The site later operated as a weekend flea market;
however, it is now closed to the public.
A site vicinity map and a site location map are presented as Figures 1-1 and 1-2,
respectively. The site is presently zoned residential and is surrounded by residential
property. To the south is a 14-acre privately owned parcel. A small fishing pond is
located on the 14-acre parcel. To the east is an 8-acre privately owned parcel. To the
north is another privately owned parcel. To the west is an I 8-acre privately owned
parcel. Albemarle Road and the Norfolk Southern Railroad are located north of the site.
A gravel road running southeast from the Ram Leather driveway provides access to two
residences and the small pond. A septic tank drain field is located in the southern portion
of the site. A former drinking water well (DW00 11) is located in the northwest portion
of the site.
The !ROD for Ram Leather Care describes several source categories; areas identified
were the septic tank/septic tank drain field, former dumpster area, surface water
ditch/culvert, and former drum storage area.
Septic Tank/Septic Tank Drain Field -A subsurface septic tank wastewater system has
been in operation at the site since 1977. The septic tank is located on the north side of the
Ram Leather Care building. Wastewater from the septic tank was pumped to a drain field
in the southern portion of the property. This partially vegetated area is unfenced and
accessible to the adjacent residents:
1-2
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EPA Contract No. 68-W-99-043
Work Assignment No, 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision 1
February 10, 2006
Former Dumpster Area -The former dumpster area (where filter burning occurred) is
located on the south side of the Ram Leather Care building. This area is currently covered
and serves a~ part of the gravel parking lot. The wastes generated at the site were placed
in the metal dumpster from I 977 until 1984. The dumpster has since been removed.
Surface Water/Ditch Culvert -Water from the northern portion of the site flows in a ditch
and through culverts under a railroad track and Route 24/27 to an intermittent stream
across the street from the site. Soil samples were collected from ditch locations just prior
to entering the culvert under the railroad track. The area was sampled to determine if
contamination is leaving the site via surface water drainage.
Former Drum Storage Area -After 1984, 55-gallon drums were used to store the waste
generated at the site. The former drum storage area is lo,cated next to the western part of
the building where drums were placed on a cement pad. A grassy area is adjacent to the
cement pad. Contamination in this area is due, in part, to drum leakage and spills. When
discovered in 1991, it was noted that the bungs had been left open allowing rain to enter
the drums and overflow. Areas of stained or stressed vegetation have been observed in
the area adjacent to the drum storage area.
During the April 1999_ investigation, a hole was uncovered adjacent to the drum pad. The
hole had been drilled and was approximately IO inches in diameter. The hole had been
drilled to a depth in excess of IO feet and is currently filled with collapsed material to a
depth of IO feet. The drilled hole was covered by a 55-gallon drum lid and cement. Air
monitoring conducted by EPA at the top of the hole indicated the presence of organic
compounds. It is not known whether the hole was due to a failed well installation
attempt, past sampling activities, or was used for past dumping of solvents. The hole
would have received storm water runoff from the drum storage area.
1.4 Site History
The majority of the operational history information presented below was obtained from
the Remedial Investigation Report, Phase I, dated March 14, 2000, and prepared by EPA
Region 4 Science and Ecosystem Support Division (SESD) (EPA, 2000). Additional
information was obtained from the Ram Leather Care IROD (EPA, 2004a).
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
The Ram Leather Care facility operated from 1977 _ to 1993.
Revision I
February JO, 2006
The building was
constructed in 1967 and housed a construction business owned by Mr. Worley until 1977. ·
On May 6, 1987, Ram Leather submitted its first Notification of Hazardous Waste
Activity. Ram Leather reported that it was a generator of less than 1,000 kilograms
(kg)/month of DOOi Resource Conservation and Recovery Act (RCRA) wastes (as
defined in the Resource Conservation and Recovery Act, 40 CFR 261.21). On June 8,
1987, EPA assigned the number NCD 982 096 653 to Ram Leather as a small quantity
generator.
On April 6, 1991, during a complaint investigation of a demolition landfill on adjacent
property, Mecklenburg County Department of Environmental Protection (MCDEP)
inspector discovered illegal open burning at the Ram Leather Care Site. The facility
operator was burning filters containing PCE. The facility was instructed to stop and
complied. MCDEP issued a Notice of Violation (NOV) for this burning.
On April 29, 1991, the North Carolina Department of Environment and Natural
Resources (NCDENR) inspector visited the site. The inspector noted that the last
documented disposal of DOOi waste petroleum naphtha was on February 12, 1988. Mr.
Worley stated that the Dry Cleaners Trade Association had sent information that certain
petroleum-based dry cleaning solvents were no longer deemed-hazardous waste and that
he had assumed that his waste was no longer hazardous. The inspector discovered a 250-
gallon above-ground storage tank of D00 I waste mineral spirits and 49 drums of liquid
waste in an outside waste storage area. Bungs were open, allowing rainwater to enter the
drums and waste to overflow. Logs and_drum markings were not maintained. The drums
were standing in liquid. A composite sample of drum contents and a surface soil sample
were taken on May 2, 1991.
The North Carolina Division of Environmental Management (NCDEM), Water Quality
Section, was notified April 30, 1991, of a boiler blow-off in the storage area. A permit
had not been issued for the site, making this an illegal discharge. The area had been
recently graded to allow surface water runoff to flow toward Albemarle Road. A
drinking water well was noted within 50 feet of the storage area and was sampled on May
6, 1991, by MCDEP. Due to contamination found in the well, Ram Leather was advised
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision 1
February 10, 2006
to discontinue using the well for drinking. On May 13, 1991, all off-site drinking water
wells within ½ mile were sampled. Two private residential wells were found to be
contaminated.
On June 5, 1991, a North Carolina Hazardous Waste Inspector visited the Ram Leather
Care Site to provide instructions to Mr. Worley. While there, Ram Leather requested a
change in classification under RCRA because the 49 drums of DOOi hazardous waste
present at the site were in excess of 6,000 kg, thereby exceeding small quantity generator
status. Mr. Worley stated that PCE filters were stored in a dumpster prior to disposal in a
landfill. Stored hazardous wastes were shipped off-site for disposal on June 14, 1991.
Ram Leather was reclassified as a Large Quantity generator on June 17, 1991.
On June 24, 1991, an Imminent Action NOV (Docket #91-264) was issued to Ram
Leather Care for Storage and Disposal of Hazardous Waste. The compliance schedule
required submittal of a comprehensive sampling and analysis report by July 26, 1991, soil
removal with post-excavation samples by September 1, 1991, and removal of all
hazardous wastes by September 1, 1991.
On July 2, 1991, an NOV was issued by NCDEM Groundwater Section for violation of
groundwater quality standards. The NOV required remediation of contaminated soil and
groundwater and provision of an alternate water supply to affected well owners (Parnell
and Beaver). On July 26, 1991, NCDEM Groundwater Section held in abeyance the
order to remediate the site and deferred lead agency status to the North Carolina
Hazardous Waste Section. The NOV still required provision of alternate water supply to
affected well owners. On August 2, 1991, Ram Leather responded to NCDEM by letter
and said that the two private residences had been provided _with bottled water and on
November 5, 1991, Ram Leather submitted a Technical and Field Data Report to
NCDENR.
On January 24, 1992, a Compliance Order with Administrative Penalty, Docket #92-068
was issued by the North Carolina Division of Solid Waste Management (NCDSWM).
This NOV stated that between 1977 and 1984, wastes generated from the use of
chlorinated hydrocarbons were disposed of in a metal dumpster. After 1984, 55-gallon
drums were used to store the solvents which were then transported off-site for recycling.
1-5
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision 1
February 10, 2006
Between 1984 and 1988, wastes were also stored in an above-ground waste tank
supported by a concrete pad on the west side of the building. The NOV cited Ram
Leather for storage of hazardous waste on-site for longer than 90 days, improper or lack
of marking on hazardous waste containers, failure to file an annual report, discharge of
DOOi and F002 hazardous wastes onto the ground and into the groundwater, and failure
to submit a permit application. The NOV imposed a penalty.
On February 26, 1992, Ram Leather filed a petition for an Administrative hearing to
contest the order. On April 29, 1992, NOV Docket #92-232 was issued to Ram Leather
by the NC Hazardous Waste Section for failure to submit an annual report. On May 12,
1992, Ram Leather responded with the annual report and contested the NOV. Ram
Leather stated that generator status was based on amount generated, not stored. The
annual report stated that the following quantities of wastes were generated and shipped
off-site in 1991:
Perchloroethylene/ignitable, D039 2,900 kg
Filters containing waste perchloroethylene/ignitable, D039 1,268 kg
Filters containing waste mineral spirits/ignitable, DOOi 700 kg
Waste mineral spirits/ignitable, D00 I 3,315kg
On July 17, 1992, Ram Leather provided a Soil Vapor Extraction Proposal to NCDENR
Attorney General's Office. A memo dated July 29, 1992, from the North Carolina
Hazardous Waste Inspector to the North Carolina Assistant Attorney General, states that
Ram Leather was not in compliance with NOV Docket #91-264. This memo also stated
that Ram Leather had made little attempt to meet the requirements of the order which
required removal of on-site contaminated soil.
On January 30, 1992, Mecklenburg County again sampled area wells. NCDEM
communicated to Mr. Worley on March 16, 1992, that he was still required to provide
alternate water supply to residents with contaminated wells. It was suggested that Mr.
Worley consider a point of entry filter system. On July 15, 1992, Ram Leather sampled
three water supply wells including the new onsite well. An August I 0, 1992, letter states
that Ram Leather continues to supply alternate water supplies to both residences. On
August 26, 1992, Mecklenburg County again sampled area wells and determined that an
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision 1
February 10, 2006
additional residential well was also contaminated. On March 18, 1993, Ram Leather
filed for Chapter 7 Voluntary Bankruptcy. On April 19, 1993, NCDEM requested that
the Commerce Finance Center pursue funding to provide a permanent alternate water
supply.
Additional well samples taken by Mecklenburg County on June 22, 1993, showed that
the well at 15205 Albemarle Road was contaminated. Subsequent tests have shown the
well to be clean. On September 8, 1993, NCDSWM Waste Management Branch referred
the site to the North Carolina Superfund Section for possible immediate action to provide
a reliable alternative water supply to the residents. A September 28, 1993, inspection
report stated that the Ram Leather facility was in Chapter 7 bankruptcy· and had been
unable to comply in full with Compliance Order with Administrative Penalty Docket
#92-068. Alternative water was still being provided to area residents who would accept
it, but site cleanup had not progressed.
On February 16, 1994, the North Carolina Superfund Section requested that EPA
evaluate Ram Leather for a possible removal action and on March 16, 1994, the EPA
sampled on-site soil and neighboring wells, The EPA determined that wells surrounding
the site were below removal action levels and assigned the site a low priority for removal
action .
Between the EPA removal evaluation and September 26, 1995, a new deep well was
installed at the residence located across the street from the facility. The resident had
discontinued using bottled water and had resumed drinking the groundwater.\ The new
well was sampled during the North Carolina Superfund Section Site Inspection on
September 26, 1995. The well showed 204 parts per billion (ppb) of PCE, which was
much higher than any previous sampling results from that residence. The MCDEP also
sampled the well and found a high level of PCE. The NC. Superfund Section again
requested an EPA removal action. The EPA sampled the well and determined that it
qualified for a high priority removal action.
In 1997, EPA's Emergency Response and Removal Branch conducted a follow-up
investigation to verify the findings of the State's 1995 investigation. Private wells in the
vicinity of the site were sampled. The results indicated that the levels of contamination
1-7
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision I
February 10, 2006
exceeded the removal action level. Thus, in February 1997, point-of-entry carbon
filtration units were installed on the Parnell, Glosson, and Beaver wells. Each of these
wells has consistently shown chlorinated hydrocarbon contamination.
EPA SESD completed the first phase of the Remedial Investigation (RI) in 1999 to assess
the areal and vertical extent of contaminated soil 'and groundwater at the site, and to
determine whether additional potable wells adjacent to the site were contaminated. In
2000, EPA tasked CDM to undertake additional groundwater studies (Phase II). The
main objectives of the additional studies were to determine the nature of the fracture
zones in the area and the extent of contamination in the fractured bedrock aquifer. A
review of the data collected suggests that the extent of contamination has been defined to
the north and west-northwest of the site, but remains to be defined on the southern side
and the east-northeast directions from the facility. Additionally, four private wells
sampled during the 2000 RI sampling event still showed unacceptable levels of
contamination (EPA, 2004a).
The !ROD for the Ram Leather Care site was issued on September 30, 2004 (EPA,
2004b ). The interim remedy selected in the IROD includes Soil Alternative S3 -
Excavation, Off-Site . Transportation, and Disposal at Subtitle D Landfill; and
Groundwater Alternative 03 -Pump and Treat with Physical/Chemical Treatment and
Groundwater Monitoring. The PWS for the interim groundwater remedy will be
submitted under separate cover. The selected interim remedy meets the requirements of
the two mandatory threshold criteria: protection of human health and the environment
and compliance with applicable or relevant and appropriate requirements ( ARARs) while
providing the best balance of benefits and tradeoffs among the five balancing criteria,
including long-term effectiveness and permanence; short-term effectiveness;
implementability; reduction of mobility, toxicity, and volume through treatment; and
cost. The selected interim remedy also includes flexibility, to the extent possible, to
allow for future redevelopment of the site.
1.5 Hydrogeologic Setting
The majority of the geologic features of the site presented below were obtained from the
Remedial Investigation Report, Phase L dated March 14, 2000, and prepared by EPA
Region 4 SESD (EPA, 2000).
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
1.5.1 Topography and Surface Drainage
Revision I
February I 0, 2006
The total relief on the site is about 13 feet, ranging from a basin in the northwest comer at
717.2 feet above mean sea level (ams!) to the highest point of 730.4 feet ams! in the
south. There are two overland flow paths for site drainage. The northern pathway flows
through culverts under the railroad tracks and Route 24/27. This intermittent stream
continues for 1,500 feet until it joins a perennial stream. This perennial stream continues
north for 1,000 feet and flows into a pond that is 800 feet long. The outfall from this pond
is an unnamed tributary to Caldwell Creek.
Runoff from the southern portion of the site flows south and enters a pond 1,000 feet to
the south. The pond is 200 feet long. Several springs emerge along the overland flow
pathway and in other areas between the site and the pond. The outfall from this pond
flows 1,200 feet where it enters a larger pond. Outfall from this pond enters Wiley
Branch which leads to Clear Creek.
1.5.2 Climate
The area has a mean annual 45 inches of precipitation per year and a mean annual lake
evaporation of 41 inches per year, resulting in a net precipitation of 4 inches (U.S. Dept.
of Commerce, 1979). The two-year 24-hour rainfall is 3.5 inches (U.S. Dept. of
Commerce, 1963). The site is outside the 500 year flood plain (Federal Emergency
Management Agency, 1993).
1.5.3 Geology
The soils at the site are classified as part of the Georgeville unit, characterized by a silty
clay loam. The surface layer is a yellowish red silty clay loam, approximately 5 inches
thick. Below this is. about 4 feet of strongly acidic subsoil, the upper part of which is a red
silty clay. The lower part is a red silty clay loam. Under the subsoil is silt loam to
approximately 9 feet below land surface (bis). Depth to bedrock is about 42 feet bis
(Tingle, 1991 ).
The site is located in the western edge of the Carolina Slate Belt of North Carolina.
Classified as phyllites, these rocks are very fine in texture. The metavolcanic rock is
characterized by interbedded felsic to mafic tufts and flowrock. The residuum from the
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision 1
February 10, 2006
fine grained slate forms the Georgeville series subsoil mentioned above (U.S. Dept. of
Agriculture, 1980; USGS, 1980).
Rock units in the area have undergone periods of deformation that have produced folding
and fractured planes in the rock, as well as brittle zones where the rock is crushed,
sheared, or faulted in some manner. As these rock types become weathered, soil profiles
develop that are characteristic of the original rock (also referred to as saprolite). The
rocks have been fractured during metamorphic phases and, in some cases, the fractures
have been "resealed" by quartz. As rock weathers, these quartz fillings are retained in the
soil indicating that fractures existed in the rock. In addition, remnant fractures can be
seen in the soil profile without quartz infilling as indicated by the presence of iron
staining along the fracture plane. The iron staining is a result of groundwater leaching
iron from the surrounding material. As groundwater travels along a fracture plane, the
iron is re-deposited along the plane. Fracture planes can be detected during drilling as
zones of weak-to-incompetent rock that are not resistant to the cutting action of the drill
bit. These fracture zones are typically water saturated.
Stratigraphy at the site consists of a saprolite layer, a partially weathered rock zone, and
the underlying fractured crystalline bedrock. The saprolite is clay-rich, residual material
derived from in-place weathering of bedrock. Typically, the saprolite is silty clay near the
surface. With increasing depth, the amount of silt, and fine-grained sand and gravel tend
to increase. Remnant fracture planes with quartz infilling appear in this layer. The
thickness of the saprolite in the vicinity of the site ranges from 24 to 42 feet. The range is
based on soil borings drilled in 1991 that showed auger refusal at 24 feet and the well log
for the onsite deep well that showed the depth to bedrock as approximately 42 feet bis.
This is consistent with the August 1999 drilling in which bedrock was encountered at
approximately 45 feet bis.
Underlying the saprolite is a partially weathered rock layer derived from the weathering
of bedrock. Partially weathered rock is composed of saprolite and fragments of weathered
bedrock. Grain sizes range from silts and clays to large boulders of unweathered bedrock.
The weathering occurs in bedrock zones less resistant to physical and chemical
degradation (i.e., fault zones, stress relief fractures, and mineralogic zones).
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
1.5A Hydrogeology
Revision 1
February 10, 2006
Regionally, the water-bearing units that underlie the site represent an aquifer system
consisting of metamorphosed and fractured phyllite rocks of varying proportions and
thicknesses. The aquifer system underlying the site generally consists of the
saprolite/partially-weathered rock aquifer and the underlying fractured bedrock aquifer.
In the site area, the water is typically found in the saprolite aquifer and will generally
mimic the overlying land surface. Based on measurements collected during aquifer
testing, the depth to water is approximately 15 feet.
Shallow groundwater movement is assumed to somewhat follow the topography. Based
on a U.S. Geological Survey (USGS) topographic map, ground surface at the site slopes
to the southeast and the northwest, creating a groundwater divide. However, groundwater
flow is likely controlled by the presence of relict fractures present in the saprolite,
fractures in the partially-weathered as well as competent bedrock, and the steep dip of the
bedrock units to the northwest. Given the complexity of the bedrock at the site, the
direction of groundwater flow depends primarily_ on fractures, faults, bedding planes, etc .
•
1.6 Soil Characterization and Extent of Contamination
This section presents the results of surface and subsurface soil investigation activities
performed in 1999 as part of the Remedial Investigation, Phase I, conducted by EPA
Region 4 SESD (EPA, 2000). Soil sampling locations and chlorinated solvent results are
presented on Figure 1-3.
1.6.J Septic System/Septic Tank Drain Field
A total of six locations associated with the septic system/septic tank drain field area were
sampled. Surface and subsurface soil samples were analyzed for volatile organic
compounds (VOCs), base neutral acids (BNAs), pesticides, and metals. Soil was
sampled in the area adjacent to the septic tank (SS I), the area adjacent to the pipeline
running south from the septic tank to the drain field (SS2), and the septic tank drain field
area (SS3 through SS6). Low concentrations of PCE and trichloroethylene (TCE) were
detected at 5 feet bis adjacent to the septic tank (SSI), and low levels of cis-DCE were
detected at l O feet bis at locations SS I and SS6. Chlorinated solvents were not detected
above conservative EPA generic soil screening levels (SSLs) for protection of
. groundwater (EP A/540/R-95/128) in these areas.
1-11
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Soil Excavation Performance Work Statement
1.6.2 Drainage Ditch/Culvert -North Area of Site
Revision I
February IO, 2006
Surface and subsurface soil samples were collected in the north drainage ditch/culvert
area (ND I). The surface soil sample was analyzed from VOCs, BNAs, pesticides, and
metals. The subsurface samples were analyzed for VOCs only. Low levels of PCE were
detected in subsurface soil samples collected from the ditch/culvert area. Chlorinated
solvents were not detected above conservative EPA generic SSLs for protection of
groundwater (EP A/540/R-95/128) in this area.
1.6.3 Former Dumpster Area
One surface soil sample was collected in the former dumpster area (DU2). The surface
soil sample was analyzed for VOCs, BNAs, pesticides, and metals. The collection of
additional surface and subsurface samples using direct push technology was not possible
due to the gravel parking lot in the dumpster area. Chlorinated solvents were not detected
in any sample collected in the former dumpster area.
1.6.4 Former Drum Storage Area
Surface and subsurface soil samples were collected in April and August 1999, to assess
the extent of soil contamination in the former drum storage area. Locations beginning
with the prefix DS (DS I through DS 10) were sampled in April 1999 and locations
beginning with RL (RL21 through RL28) were sampled in August 1999. In addition to
the samples collected from the general former drum storage area, samples were collected
from the I 0-inch diameter hole (DS9) discovered by SESD staff during the investigation,
and from the area adjacent to the hole. During the August 1999 investigation, samples
were collected at five foot intervals between depths of 10-30 feet. Additional samples
were collected at some locations at a depth of 45 feet ( deepest possible sampling depth
before reaching bedrock). Surface and subsurface soil samples collected in April 1999
were analyzed for VOCs, BNAs, pesticides, and metals. All samples collected in August
1999 were analyzed for VOCs, and samples collected near the drilled hole in August
1999 were analyzed for VOCs, metals, BNAs, and pesticides.
PCE was detected at five of seven surface soil sampling locations in the drum storage
area. At two of these locations, DS1 [6J micrograms per kilogram (ug/kg)] and DS4 (110
ug/kg), surface soils exceeded the generic SSL for PCE (3 ug/kg). The level of PCE
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 I 9
Soil Excavation Performance Work Statement
Revision I
February 10, 2006
detected in surface soil ranged from 2J ug/kg (DS2, DS5, and DS7) to 110 ug/kg (DS4).
No other VOCs were detected in the surface soil.
PCE and known PCE degradation products, TCE, DCE, and VC, were detected in
subsurface soils at the former drum storage area. PCE levels at the site ranged from less
than 1.0 ug/kg to 78,000 ug/kg (DS9). The highest concentration of PCE (78,000 ug/kg)
detected was collected from the I 0-inch diameter hole at a depth of IO feet bis. Adjacent
to the hole, 20,000 ug/kg of PCE was detected in boring RL27 at 25 feet bis. PCE was
detected in 34 of 40 subsurface soil samples. In 26 of these samples, subsurface soils
exceeded the generic SSL for PCE (3 ug/kg). TCE was detected in 19 of the subsurface
samples ranging from 0.59 Jug/kg (RL23 at 20 feet bis) to I IO J ug/kg (RL28 at 45 feet
bis). The degradation product cis-DCE was detected in 20 of the subsurface samples
ranging from less than I ug/kg to 520 ug/kg (RL28 at 45 feet bis). Vinyl chloride was
detected in the drum storage area in five subsurface samples ranging from 2.6 J ug/kg
(RL28 at 20 feet bis) to 44 ug/kg (RL28 at 45 feet bis). In the drum storage area,
chlorinated solvents were detected in the soil down to the deepest sampling depth of 45
feet.
The data collected during the 1999 EPA RI, as well as earlier investigations, suggest that
soils and groundwater at neighboring private wells are contaminated with chlorinated
solvents typically associated with dry cleaning operations. Limited full scan data that
have been collected previously indicate that metals, semi-volatile organic compounds
(SVOCs), and pesticides are not a problem at the site. As proposed in the !ROD, Figure
1-3 indicates the area of soil contamination that will be addressed as part of the interim
removal action. The removal volume is based on a depth of 26 feet bis, as specified in
the !ROD, and the lateral extent of soils collected during the RI that exceed the generic
EPA SSL of 3 ug/kg for PCE. Based on this SSL, approximately 3,500 CY of surface
and subsurface soils in the drum storage area would need to be addressed as part of the
interim action. Removing these soils, as proposed in the !ROD, would also address other
VOC contaminants that may exceed North Carolina concentrations for soil to
groundwater leaching.
1-13
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
1.6.5 Results o/Geotechnical Testing
Revision I
February I 0, 2006
In support of the soil interim RA, Black & Veatch will be conducting a geotechnical
investigation at the site in order to obtain geotechnical data to provide to potential
subcontractors. At the time of submitting this Pre-Final Design Report, Black & Veatch
has not received funding approval to perform the geotechnical investigation. The results
of the geotechnical investigation will be submitted for inclusion in the RA Subcontracting
Documents prior to submittal of proposal requests to potential Subcontractors and the
geotechnical report will be included as Appendix A to this PWS.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
2.0 Scope of Work
2.1 Project Objectives
Revision I
February I 0, 2006
Reduction of the chlorinated solvent source area will be accomplished by the excavation
of contaminated soils. The excavation shall be conducted such that soil is removed to a
depth of 26 feet and in the lateral directions is removed such that the soil remediation
goal of 3 ug/kg of PCE is met. This work shall be performed under a lump sum with unit
price adjustments plus performance fee subcontract.
2.2 Overview of Subcontractor Services to be Provided
The soil remediation includes planning document preparation, confirmation sampling,
site preparation, excavation activities, offsite transportation and disposal, site restoration,
report preparation, and minimal operations and maintenance (O&M) for a period of
approximately 12 months. The Subcontractor shall provide all services, equipment, and
supplies necessary to perform the work. The Subcontractor shall:
• Attend a pre-construction meeting to be held at the site within 30 days of the
Notice of Award.
• Coordinate with and obtain approval from water and land management county
agencies.
• Notify the Contractor of the need for any site access required at off-site locations.
• Prepare preliminary planning documents, including a Site Management Plan
(SMP) and a RA work plan (RA WP) for the soil remediation which shall include,
but is not limited to, the confirmation sampling strategy and excavation activities.
• Prepare Daily Quality Control Reports (DQCRs).
• Prepare EPA Progress Reports, as specified.
• Prior to excavation, use a Geoprobe® rig to collect confirmation samples from the
presumed excavation walls. The Subcontractor shall develop a confirmation
sampling plan, including collection of confirmation samples from multiple depth,
with the requirement to include collection of a confirmation sample from each
location at the excavation depth (26 feet bls) and additional confirmation samples.
Utilize the results to plan the work sequences most efficiently and anticipate the
actual limits of excavation.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Soil Excavation Performance Work Statement
Revision I
February I 0, 2006
• Concurrent with confirmation sampling, collect worst-case subsurface soil
samples from three previously sampled borings (DS9, RL27, and RL24) and
analyze for total VOCs and Toxicity Characteristic Leaching Procedure (TCLP)
VOCs to initially characterize soil for disposal. In addition, pre-collected samples
taken from the three confirmation locations containing the highest observed levels
of chlorinated solvent contamination will also be submitted to the laboratory for
TCLP VOC analysis. Utilize the results to refine costs and quantities for loading
and disposal.
• Install and maintain safety, security, and erosion control measures.
• Remove and dispose of the concrete pad and empty aboveground storage tanks
(ASTs) located on top of the pad prior to soil removal in accordance with local,
state, and federal regulations.
• Conduct clearing and grubbing of grasses and brush present in the excavation area
if necessary.
• Seal the exit point of the floor drain with concrete at the face of the building
foundation.
• Utilize results from the geotechnical investigation, conducted by the Contractor
(Black & Veatch), to prepare and submit a design/plan for a shoring system ( or
alternate approach) signed and sealed by a North Carolina licensed Professional
Engineer with proven competency in deep excavations and shoring systems.
• Prepare revised RA WP to include results of confirmation sampling, revised
excavation boundaries and soil volumes, and shoring system design and
construction.
• Install shoring system ( or alternate soil retention approach), as required by the
engineering design.
• Conduct soil excavation to 26 feet bis and laterally to the extents determined
during confirmation sampling.
• Dewater excavation as necessary.
• Stockpile excavated soils.
• During site activities conduct air monitoring for VOCs and particulates.
• Conduct TCLP analyses on excavated soil.
• Load and dispose of soils at a Subtitle C or D landfill based on TCLP results, in
accordance with local, state, and federal regulations.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 I 9
Soil Excavation Performance Work Statement
• Backfill the excavation area and compact the soil.
• Re-grade excavation area and apply seed and mulch.
Revision I
February 10, 2006
• Restore all excavation disturbances to pre-excavation conditions, including debris
removal.
• Prepare RA Report to summarize the soil remediation activities.
• Monitor and inspect the site for signs of soil subsidence, building settling, and
erosion and sedimentation quarterly for one year and conduct corrective actions as
necessary until the problems are mitigated and site vegetation is re-established.
2.3 Overview of Contractor's Responsibilities
As the Contractor, Black & Veatch will perform the following activities:
• Review and approve all planning and design-related documents. Acceptance of
plans and design-related requirements does not relieve the Subcontractor from his
professional responsibilities.
• Conduct geotechnical investigation of the soils in the vicinity of the building for
use in preparation of shoring system design by the Subcontractor.
• Perform quality assurance (QA) surveillance inspections during remediation
activities.
• Perform QA surveillance inspections at the completion of site restoration
activities.
2.4 Compliance with the Davis-Bacon Act
The Subcontractor shall provide monthly documentation of compliance with the labor
rates stipulated by the Davis-Bacon Act. The wage rate determinations are provided in
Attachment I to the subcontract.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD--A419
Soil Excavation Performance Work Statement
3.0 Requirements
3.1 Project Overview and General Requirements
Revision 1
February 10, 2006
The interim soil RA for this site consists of excavation of soil in two adjacent areas, as
was anticipated in the !ROD. Soil confirmation sampling, to be conducted prior to
excavation activities, will establish the actual limits of excavation. The two anticipated
areas of soil are approximately 50 feet by 5·0 feet and 25 feet by 25 feet, and will be
removed to 26 feet bis. The anticipated limits of excavation are presented in Figure 3-1.
The remedy involves site preparation, confirmation sampling, excavation and disposal of
contaminated soil, backfilling, and site restoration. All activities specified herein shall be
conducted by the Subcontractor.
The soil excavation shall be conducted by the Subcontractor in accordance with the
performance requirements, making every effort to attain the interim RA goals within the
performance period. This PWS provides the performance requirements and the
remediation goals. The Subcontractor shall be solely responsible for designing ( or
subcontracting the design work) the excavation and shoring system and for conducting
the soil removal and disposal to meet the objectives and requirements stated herein. The
Subcontractor shall perform all engineering calculations necessary to ensure proper soil
shoring system design. All work performed under this subcontract shall be under the
supervision of the Subcontractor's Professional Engineer registered in the State of North
Carolina. The Subcontractor is responsible for meeting all performance requirements and
remediation goals contained in this document.
Soil contamination data is presented in Section 1.6; however, the Subcontractor is
responsible for making every effort to achieve the remediation goals regardless of how
soil concentrations and conditions vary across the site.
The Subcontractor shall comply with all federal, state, and local rules, regulations, and
permitting requirements that could affect performance of this work. The Subcontractor
shall be liable for all penalties assessed due to health and safety violations, permit
violations, or other inadequacies of the excavation.
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Work Assignment No. 369-RDRD-A4 l 9
Soil Excavation Performance Work Statement
Revision I
February 10, 2006
The Subcontractor shall complete the work efficiently using accepted industry standards.
The Subcontractor 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 for Testing and Materials
• A WS -American Welding Society.
• A WW A -American Water Works Association.
• CISPI -Cast Iron Soil Pipe Institute.
• CRSI -Concrete Reinforcing Steel Institute.
• GSA -U.S. General Services Administration.
• MSS -Manufacturers Standardization Society of the Valve and Fittings Industry
• NBS -National Bureau of Standards.
• · NEC -National Electrical Code.
• NEMA -National Electrical Manufacturing Association.
• NFPA -National Fire Protection Act.
• OSHA -Occupational Safety and Health Administration.
A listing of standards, regulations, and other guidance documents that may be useful to
the Subcontractor is presented as Appendix B to the PWS; however, this listing shall not
be considered by the Subcontractor to be complete.
Material and equipment shall conform to the Subcontractor's final design specifications
and standards presented in the RA WP. The Subcontractor shall perform the work in
accordance with the manufacturer's instructions.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision I
February 10, 2006
Prior to beginning work, the Subcontractor shall attend a pre-construction meeting at
the site. Progress meetings shall be conducted onsite at monthly or periodic intervals
as agreed to during the pre-construction meeting.
3.2 Site-Specific Plans
After the contract is awarded, the Subcontractor shall prepare two site-specific plans for
the implementation of the interim soil remedy, including a RA WP and an SMP
(Milestone I, Bid Item 2). The SMP shall contain a Construction Health and Safety Plan
(CHASP), a Field Sampling Plan (FSP), a Data Management Plan (DMP), and a
Pollution Control and Mitigation Plan (PCMP) per Section 3.2.2. The Subcontractor
shall submit drafts of the two plans 30 calendar days after the pre-construction meeting
unless specified otherwise. Acceptance or approval of planning documents by the
Contractor does not relieve the Subcontractor of his professional responsibilities.
Subcontractor shall submit six copies of each planning document unless specified
otherwise.
3.2.1 Remedial Action Work Plan
The Subcontractor shall revise the Work Plan submitted as part of his proposal package
to include any changes in the approach to the Work and to provide greater detail if
requested by Contractor and submit it to the Contractor as the RA WP (Milestone I, Bid
Item 2). The objectives of the RA WP are to:
• Provide the basis and details of the design.
• Present the RA approach.
If the RA WP is deemed unsatisfactory to the Contractor, the Subcontractor shall revise
the RA WP and resubmit it. Upon completion of soil cleanup confirmation sampling, the
RA WP shall be revised to include results of confirmation sampling, revised excavation
boundaries and soil volumes, as needed, and Professional Engineering design of the
shoring system, and submitted to the Contractor for review (Milestone 2, Bid Item 12).
The Subcontractor shall allow a period of at least 21 calendar days for the Contractor to
review each RA WP.
The RA WP shall contain the components addressed in the following subsections.
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Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision I
February I 0, 2006
3.2.1.J Regulatory Compliance and Permitting. The Subcontractor shall describe the
approach for ensuring regulatory compliance and for acquiring the necessary registrations
and permits to perform all of the services required as part of this PWS. The
Subcontractor shall document compliance with all federal, state, and local rules,
regulations, and permitting requirements.
3.2.1.2 Excavation Layout and Shoring Design. The Subcontractor shall submit
diagrams of the excavation design and layout. The Subcontractor's design and layout
shall provide, at a minimum, proposed confirmatory sampling locations, excavation
areas, proposed soil staging areas, and health and safety support zones, contamination
reduction zones, and corridors and exclusion zones. The Subcontractor shall describe the
confirmation sampling activities, initial clearing activities, soil removal activities, site
cleanup and restoration activities, and follow-up O&M responsibilities. The
Subcontractor shall prepare and submit a design/plan, in the revised RA WP, for a shoring
system ( or alternate approach) signed and sealed by a North Carolina licensed
Professional Engineer with proven competency in deep excavations and shoring systems.
The Subcontractor shall describe the shoring system and installation procedures. The
Subcontractor's design shall address potential noise and safety hazards that may be
generated during the shoring system installation and removal.
3.2.1.3 Remedial Action Schedule. The Subcontractor shall provide a schedule for the
RA. · The schedule shall be prepared in Microsoft® Project 98 and utilize a work
breakdown structure (WBS). The U.S. Army Corps of Engineers (USACE) has a WBS
specifically for RA construction. The WBS to be used is presented in Appendix C to the
PWS.
The schedule shall include, at a minimum:
• Pre-construction meeting.
• Submissions and approval periods.
• Coordination with and approval from county government.
• Mobilization.
• Confirmation sampling.
• Demolition and other site preparation activities.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
• Shoring and excavation design.
• Soil excavation activities.
• Soil backfilling and site restoration.
• Reporting.
• O&M activities.
Revision I
February I 0, 2006
The Contractor will pay the Subcontractor for achievement of the tasks and performance
milestones as presented in Table 3-1. These tasks and milestones shall be incorporated
into the project schedule.
The Subcontractor shall update the project schedule periodically and submit it with EPA
Progress Reports to enable the Contractor to assess the Subcontractor's progress. Any
Subcontractor-initiated changes to the project schedule that result in failure to achieve a
payment milestone according to the original schedule shall result in the application of
disincentive fees to the payment for the missed milestone. A summary of performance
requirements associated with the project schedule are detailed in Section 3 .6.
3.2.2 Site Management Plan
The Subcontractor shall provide an SMP to address site access, security, health and
safety, contingency procedures, management responsibilities, and waste disposal. The
SMP shall include a CHASP, an FSP, a DMP, and a PCMP. The SMP shall include
provisions for · site restoration activities including, but . not limited to, grading,
compaction, seeding, and re-seeding. The Subcontractor shall allow a period of at least
14 calendar days for the Contractor to review the SMP.
3.2.2.1 Construction Health and Safety Plan. The Subcontractor shall prepare a
CHASP that complies with all applicable safety and health laws and regulations,
including without limitation, Federal OSHA (including 29 CFR 1910.120 and 1926.65)
and equivalent OSHA state regulations, city and county ordinances and codes, uniform
fire codes, Department of Transportation (DOT) regulations, and applicable guidance
documents. The Subcontractor shall prepare a job safety analysis (JSA) for each phase of
work and incorporate it into the CHASP. The specific safety and health requirements are
identified in Attachment G to the Subcontract. The Contractor's Health and Safety
Program is provided as Attachment H to the Subcontract.
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Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision I
February 10, 2006
3.2.2.2 Field Sampling Plan. The Subcontractor shall prepare an FSP that defines the
sampling and data collection methods that shall be used for the project. The FSP shall
include sampling objectives, sample locations and frequency, sampling equipment and
procedures, sample handling and analysis, and identify the laboratories to be used.
3.2.2.3 Data Management Plan. The Subcontractor shall prepare a DMP that outlines
the procedures for storing, handling, accessing, and securing data collected during the
implementation of the soil remedy.
3.2.2.4 Pollution Control and Mitigation Plan. The Subcontractor shall prepare a
PCMP that outlines the processes, procedures, and safeguards that will be used to ensure
that contaminants or pollutants are not released off-site during the implementation of the
soil remedy. The PCMP shall include a Waste Management Plan (WMP) that describes
how wastes encountered during or generated by the soil remedy will be managed and
disposed of. The Subcontractor shall specify the procedures that will be followed when
wastes are transported off-site for storage, treatment, and/or disposal.
3.3 Remedial Activities
A summary of tasks ( or bid items) associated with the interim soil RA is included as
Table 3-1. The tasks are listed under each corresponding performance-based payment
milestone, where applicable. Site tasks are described in more detail in the following
subsections.
3.3.1 Soil Confirmation Testing
Soil confirmation samples shall be collected from multiple depths from the presumed
excavation walls prior to soil excavation (Milestone 2, Bid Items I Ob and I Oc).
Additional soil confirmation samples shall be collected until the aereal limits of soil
exceeding the EPA SSL (3 ug/kg) for PCE are defined. Conducting confirmation
sampling prior to excavation will enable the Subcontractor to plan the work sequences
most efficiently and anticipate the actual limits of excavation. It is recognized that soil
excavation shall only be conducted to 26 feet bis and that contaminated soil below 26 feet
bis will remain; a confirmation sample shall be collected from each sampling location at
the excavation depth (26 feet bis). A confirmation sampling plan that delineates the
aereal limits of excavation, while minimizing the number of samples analyzed, shall be
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 l 9
Soil Excavation Performance Work Statement
Revision .1
February 10, 2006
devised by the Subcontractor. In addition, a portion of each confirmation sample will be
collected for possible TCLP VOC analysis; upon receipt of the VOC analytical results,
the three confirmation samples containing the highest observed levels of chlorinated
solvent contamination shall be submitted to the laboratory for TCLP VOC analysis.
Soil samples shall be collected using EPA-approved sampling equipment and Encore®
samplers. All samples shall be shipped to a pre-approved laboratory for analysis of
VOCs (EPA Method 8260B).
Concurrent with cleanup verification sampling (prior to any excavation work), worst-case
subsurface soil samples shall be collected from three previously sampled borings [DS9
(10 feet bis), RL27 (25 feet bis), and RL24 (10 feet bis)] and analyzed for total VOCs and
TCLP VOCs (Milestone 2, Bid Items 1 0a and 10c ). In addition, pre-collected samples
taken from the three confirmation locations containing the highest observed levels of
chlorinated solvent contamination shall also be submitted to the laboratory for TCLP
VOC analysis (Milestone 2, Bid Item 1 0a). Regardless of the total VOC concentration, if
all samples do not fail the TCLP test, all soils within the excavation limits shall be
classified as non-hazardous, all soils within the excavation limits shall be classified as
non-hazardous.
3.3.2 Pre-Excavation Activities
Prior to soil excavation, two empty ASTs shall be re-located from atop the concrete pad
to a temporary location on-site prior to disposal in a Subtitle D landfill (Milestone 2, Bid
Item 8). The former contents of these tanks are unknown and the. bungs are missing. If
the storage tanks are steel, they may be disposed of at a metal recycler. Next, the
concrete pad (approximately 12 feet by 17 feet) shall be demolished and re-located to a
temporary location on-site prior to disposal in a Subtitle D landfill (Milestone 2, Bid Item
8). A floor drain from the building currently flows beneath the concrete pad; the exit
point of this floor drain shall be sealed with concrete at the face of the building
foundation (Milestone 2, Bid Item 9).
The Subcontractor shall be responsible for identifying and locating all utilities at the site
and ensuring that the utilities are not damaged by the Subcontractor's remedial activities
(Milestone 2, Bid Item 7). In addition, a septic system is located at the Ram Leather Care
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performaoce Work Statement
Revision I
February IO, 2006
site; however, the anticipated limits of excavation are not expected to interfere with the
system. Precautions should be taken not to damage septic facilities. Although unlikely,
if the excavation area extends to the septic field, the Subcontractor may be required to
repair or replace the septic field after the construction is completed.
Based on the relatively small lateral area of the excavation and the absence of sloping
terrain within this area, a topographic survey will not be required. Vegetation within the
excavation area consists of grasses and brush less than 3 feet tall and may require
minimal clearing and grubbing. No trees are located within the excavation area.
Temporary safety fencing and silt fencing shall.be installed prior to beginning excavation
activities (Milestone 2, Bid Items 5 and 6).
3.3.3 Soil Excavation
Soil excavation shall be performed in two adjacent areas (Milestone 3, Bid Item 14, and
Milestone 4, Bid Item 15). The two anticipated areas are approximately 25 feet by 25
(Area 1) feet and 50 feet by 50 feet (Area 2). Soil confirmation sampling, to be
conducted prior to excavation activities, will establish the actual limits of excavation. As
shown on Figure 3-1, the Area 2 anticipated excavation limit differs from the excavation
limits defined in the IROD in order to ensure structural stability of the adjacent building;
however, the anticipated excavation area still accounts for all detectable limits of PCE in
soils in the drum storage area (no PCE was detected in soil sample DS3 located adjacent
to the building). Soils shall be excavated to a depth of 26 feet bis, as specified in the
IROD. The water table has been measured at approximately 15 feet bis; therefore,
excavation dewatering may be necessary. Water shall be stored by the Subcontractor and
immediately treated upon construction of the groundwater treatment system and dealt
with as a part of the groundwater interim remedy. Based on elevated detections of PCE
in several subsurface soil samples, the excavation strategy shall strive to reduce the
amount of potentially-hazardous soils by segregating low to medium level contaminated
excavated soils from the most contaminated portions of the excavation volume (see
Section 3 .1.4 for description of determining the leaching potential of excavated soils prior
to disposal at a Subtitle C or D landfill).
Excavation shall be performed utilizing conventional means such as bulldozers, track
hoes, and loaders. Dust shall be suppressed using water. All excavation shall comply
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision I
February I 0, 2006
with ARARs, OSHA, and state standards. Applicable OSHA standards include, but are
not limited to, 29 CFR Part 1910 (Occupational Safety and Health Standards) and 29
CFR Part 1926 (Safety and Health Regulations for Construction). Appropriate safety and
health measures pertaining to excavation access and egress, . excavations more than 20
feet in depth, and excavations adjacent to a building foundation shall be followed. More
specifically, OSHA Standard 29 CFR Part 1926, Subpart P, Appendix B, Footnote 3,
states that "sloping or benching for excavations greater than 20 feet deep shall be
designed by a registered Professional Engineer." Sloping means the sides of the hole
open out from the excavation and benching is similar to sloping with steps cut into sides
of the trench. Shoring to support the walls of the excavation may also be considered, and
may be preferable due to the proximity of the building, if determined appropriate by a
registered -Professional Engineer (Milestone 2, Bid Item 11, and Milestones 3 and 4, Bid
Item 13). To ensure proper design and safety of the excavation, and building support
system, a geotechnical investigation was conducted and results shall be utilized by the
Subcontractor in design of the excavation support system.
Excavated soils shall be stockpiled onsite and managed in such a way to prevent the
spread of contamination. The stockpile areas shall be bermed to prevent run on/run off of
rainwater and the stockpiles shall be covered to prevent the spread of contamination
through wind borne dust. Equipment decontamination stations such as truck tire wash
stations shall also be required to prevent the spread of contamination.
3.3.4 Ojfsite Transportation and Disposal
· Based on the elevated detections of PCE in several subsurface soil samples, the leaching
potential of excavated soils shall be analyzed prior to disposa) at a Subtitle C or D landfill
(Milestone 4, Bid Item 16). TCLP analyses shall be conducted on samples collected by
the Subcontractor from the composite waste.
The selected landfill shall be approved by EPA and a declaration of "contained-in" for the
non-hazardous soils should be made to NCDENR. "Contained-in" soils are defined as
soils that are not hazardous, but contain listed hazardous waste and therefore, must be
managed as hazardous waste. Since only soil is covered in this policy, the soil "contains"
listed waste and is managed "in" RCRA. The North Carolina Hazardous Waste Section
"Contained-in" Policy for Soil Contaminated with Listed Hazardous Waste shall be
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision 1
February 10, 2006
consulted by the Subcontractor to ensure all proper soil disposal policies and procedures
are adhered to (NCHWS, 2004). The Subcontractor shall weigh the soils on-site with
portable scales and prepare the appropriate waste manifests for each load. Signed
analysis and chains of custody as well as a scope of work indicating how regulated
materials were identified and how regulated soils were segregated from the non-
hazardous soils shall be prepared. Completed manifests documenting that the soils have
been properly disposed of shall also be provided to EPA. ·
The nearest EPA Region 4 CERCLA-certified landfill for non-hazardous wastes from
Superfund sites (Subtitle D) is the BFI-Charlotte Motor Speedway Municipal Solid
Waste Landfill located approximately 16 miles from the Ram Leather Care site in
Concord, North Carolina. · The nearest hazardous waste landfill is -located in Emelle,
Alabama, which is located approximately 530 miles from the Ram Leather Care site.
3.3.5 Excavation Backfilling and Site Restoration
Excavation activities will disturb the site inside the anticipated limits of excavation
shown in Figure 3-1 and potentially in the area immediately" surrounding the excavation
area. Plans and specifications will require that_ the site be maintained in a neat and
orderly fashion throughout excavation and restoration activities. The-Subcontractor shall
clean up and dispose of all debris removed or waste generated during remedial activities
in accordance with all local, state, and federal regulations. Waste and debris shall be
removed periodically throughout the project to prevent accumulation. The Subcontractor
shall maintain safe and sanitary conditions both during the remediation and at contract
completion. The Subcontractor shall restore all excavation disturbances to pre-
excavation conditions to prevent safety hazards, erosion, and impacts to the property
owner. All temporary structures such as security fencing, air monitoring stations, signs,
etc. shall be removed from the site.
Clean backfill material shall be obtained from a source approved by EPA (Milestone 4,
Bid Item 19). Backfill material shall be certified clean; including documentation that
backfill has been tested for target compound list (TCL) organics, target analyte list (T AL)
metals, polychlorinated biphenyls (PCBs ), pesticides, and herbicides to ensure no
contamination exists. The analytical test results must be reviewed and approved by the
Contractor and EPA before any of the off site material is brought onto the site.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A4 I 9
Soil Excavation Performance Work Statement
Revision l
February I 0, 2006
The backfill soil shall be naturally occurring soil which is free of any trash, debris, large
roots, frozen soil, excessive amounts of organic material, or other deleterious or
objectionable material. The backfill soil shall not contain any stones larger than 4-inches
and shall not be excessively wet. Gravel may also be used in the deeper portions of the
excavation where compaction would be difficult. Compaction to 85% of the maximum
dry density per ASTM D-698 will be required. After backfilling and compaction of soils
within the excavation area is complete, the site shall be graded to match the original
topography of the site and all areas shall be seeded and mulched for re-stabilization
(Milestone 5, Bid Item 20). The Subcontractor shall follow EPA Best Management
Practices for erosion and sediment control.
3.3.6 Pre-Final and Final Site Inspections
The Contractor will perform a pre-final inspection to verify that the contaminated soils
have been removed and transported to an appropriate landfill and that the site restoration
activities have been completed. A pre-final punch list may be developed as a result of
this inspection. The Subcontractor shall ensure that all items on the punch list have been
corrected before notifying the Contractor to schedule the final inspection. The
Subcontractor shall give notice to the Contractor at least 7 days prior to the final
inspection. A post remediation inspection will be conducted by the Contractor at 6
months and one year after the site restoration activities have been completed. The
Contractor shall inspect the remediated/restored areas to verify the survival of the
re-planted vegetation and to ensure that soil subsidence, building settling, and erosion and
sedimentation have not occurred.
3.4 Operation and Maintenance Activities
Minimum requirements for O&M activities and reporting by the Subcontractor shall
include monitoring and inspecting the site for inadequate vegetation re-establishment,
soil subsidence, building settling, and erosion and sedimentation (Milestone 5, Bid Item
23). If any of these conditions are observed, corrective actions shall be conducted by the
Subcontractor, as necessary, until the problems are mitigated and site vegetation is re-
established. O&M site inspections shall be conducted quarterly in the first year following
the completion of the interim soil RA. Progress reports shall be submitted detailing the
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Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision I
February IO, 2006
results of each site inspection. Quarterly site inspections shall be included in the project
schedule provided by the Subcontractor.
3.5 Reporting
The Subcontractor shall prepare all reports using the following software:
• Microsoft® Office (Word and Excel) 2003 or higher.
• AutoCAD® Release 14 or higher.
• Microsoft® Project 98 or higher.
Unless directed otherwise, the Subcontractor shall submit 6 copies of all reports to the
Contractor. In addition to paper copies, reports shall also be submitted electronically.
3.5.1 Daily Quality Control Reports
The Subcontractor shall prepare DQCRs to document the work performed each day
during sampling, construction, and excavation activities. The DQCRs shall be used to
document the lower-tier subcontractors onsite; equipment onsite; work performed,
including any sampling activities; quality control activities; health and safety activities
and levels; problems encountered and corrective actions taken; and anticipated work to be
performed the next day. The Subcontractor shall document the actual start dates and
finish dates for each activity on the DQCRs. The Subcontractor shall transmit one copy
of the DQCR to the Contractor on a daily basis. Preparation of DQCRs is not identified
as one specific bid item, but is assumed as part of each bid item that involves site work.
3.5.2 Progress Reports
The Subcontractor shall submit monthly progress reports to the Contractor and EPA
during the RA. Progress report submission dates shall be provided by the Subcontractor
in the project schedule. Progress reports shall document the technical progress and status
of each task in the WBS for the report period. The reports shall include an updated
project schedule, copies of all analytical data collected during the period, and a
description of problems encountered and corrective actions taken. The Subcontractor
shall document each payment milestone as it is reached in the appropriate monthly report.
In addition, quarterly progress reports shall be submitted upon completion of each O&M .
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision I
February 10, 2006
site inspection. The quarterly O&M progress reports shall document the findings of the
site inspections, including vegetation re-establishment and corrective actions taken.
3.5.3 Remedial Action Report
Draft and final Rf\. completion reports shall be prepared to summarize the soil
remediation activities (Milestone 6, Bid Item 22). The completion report shall include,
but are not limited to the following:
• Final limits of soil excavation area and actual depth of soil excavation area.
• Cleanup confirmation soil sample location figures, data tables, and laboratory
reports.
• Total volume of soil removed and disposed of as hazardous and non-hazardous
waste.
• Disposal facility information.
• Appropriate figures and drawings.
3.6 Summary of Performance Requirements
The IROD defines the selected soil interim remedy as excavation, off-site transportation,
and disposal of contaminated soil. The !ROD established the soil interim remediation
goal as the conservative generic SSL for PCE for protection of groundwater (3 ug/kg)
(EPAJ540/R-96/018). While exceedances occurred at depths up to 40 feet bis, the depth
of soil that will actually be addressed in this interim action extends only to 26 feet bis as
stated in the IROD.
The work shall be performed under a lump sum with unit price adjustments plus
performance fee subcontract. Table 3-1 provides a list of all project bid items and Table
3-2 provides a summary of the performance-based payment milestones, tasks,
performance standards, . incentives/disincentives, and surveillance measures for the
project. A numerical example of Table 3-2 is provided as Appendix D to the PWS to
clarify the fee structure.
The Subcontractor shall adhere to the project schedule presented in the RA WP; any
Subcontractor-initiated changes to the project schedule that result in failure to achieve a
payment milestone according to the original schedule shall result in the application of
disincentive fees to the payment for the missed milestone. Schedule changes that are
3-13
EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
Revision I
February IO, 2006
initiated by the Contractor or that happen as a result of occurrences beyond the
Subcontractor's control will not be held against the Subcontractor. Any disincentives
that are assessed against Subcontractor payments for missing a payment milestone on the
project schedule will be limited to an amount not to exceed two times the Base Fee for
that portion of the Work. Likewise, only those change orders that are initiated by the
Subcontractor ( excluding change orders in response to modifications in soil excavation
volume) shall be evaluated for assessment of the additional award fee associated with
price increases due to change orders.
The quality of each portion of the Work will be evaluated in accordance with the
applicable performance requirements, including but not limited to the design and
specifications presented in the RA WP; industry standards; EPA and USACE guidance
documents; and federal, state, and local regulations. Table 3-3 summarizes the
requirements for each task.
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EPA Contract No. 68-W-99-043
Work Assignment No. 369-RDRD-A419
Soil Excavation Performance Work Statement
4.0 References
Revision I
February I 0, 2006
EPA, 2000. U.S. Environmental Protection Agency, Region 4, Science and Ecosystem
Support Division, Remedial Investigation Report, Phase I, March 14, 2000.
EPA, 2004a. U.S. Environmental Protection Agency, Region 4, Interim Record of
Decision/or the Ram Leather Care Site, September 2004.
EPA, 2004b. U.S. Environmental Protection Agency, Region 4, Statement of Work for
the Remedial Design, Ram Leather Care Site, Mecklenburg County, North Carolina,
September 27, 2004.
Federal Emergency Management Agency, 1993. Flood Insurance Rate Map,
Mecklenburg County, N.C., Panel 130 of 210, February 3, 1993.
NCHWS, 2004. North Carolina Hazardous Waste Section. Contained-in Policy for Soil
Contaminated with Listed Hazardous Waste, Revised March 2004.
Tingle, 1991. William R. Tingle, Bold Research Labs, Technical and Field Data Report
for Ram Leather Care, October30, 1991.
U.S. Dept. of Agriculture, 1980. U.S. Department of Agriculture, Soil Survey of
Mecklenburg County North Carolina, pp. 11-12 and sheet 9.
U.S. Dept. of Commerce, 1963. U.S. Department of Commerce, Rainfall Frequency
Atlas of the United States, Technical Paper No. 40, U.S. Government Printing Office,
Washington, D.C., 1963.
U.S: Dept. of Commerce, 1979. U.S. Department of Commerce, Climatic Atlas of the
United States, National Climatic Center, Asheville, N.C., 1979.
USGS, 1980. U.S. Geologic Survey, Geologic Map of North Carolina, and Explanatory
Text., Bulletin Number 71, North Carolina Department of Conservation and
Development, 1958, and Heath, Ralph C., Basic Elements of Ground Water Hydrology
with Reference to Conditions in North Carolina, Open File Report 80-44, pp. 26-29.
4-1
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Table 3-1
Soil Interim Remedial Action Task Summary
Ram Leather Care, Charlotte, North Carolina
Bid Item Description
No.
Milestone 1: Acceptance of Preliminarv Planning Documents
2 Preliminarv Plannina Documents (includes Remedial Action Work Plan and Site Manaaement Plan)
Milestone 2: Soil Cleanup Confirmation Sampling and Acceptance of Final Planning Documents
5 Erosion Control Implementation (silt fencing, etc.)
6 Site Security Implementation (fencing, etc.)
7 Utility Clearances I Protection
8 Demolition (includes removal and disposal of two empty ASTs and concrete pad)
9 Seal Exit Point of Floor Drain with Concrete
10a TCLP Sample Analysis (worst-case scenario samples collected as part of confirmation sampling event
lnrior to excavation-includina samolina materials\
10b Confirmation Sample Analysis (VOCs; including sampling materials)
10c Advancement of Boring for Confirmation or TCLP Sample Collection (including labor)
11 Professional Engineering Design (includes permitting and shoring design)
12 Revised Remedial Action Work Plan (including revised excavation limits).
Milestone 3: Soil Excavation to 13 feet bis
13 Shoring System Installation (steel sheeting)
14 Contaminated Soil Excavation to 13 feet bis (includes labor, equipment, m·aterials, dust control, and soil
stockoilinn\
Milestone 4: Soil Excavation from 13 to 26 feet bis
13 Shoring System Installation (if not completed in Milestone 3)
15 Contaminated Soil Excavation from 13 to 26 feet bis [includes labor, equipment, materials, dewatering
if necessa~,, dust control. and soil stockoilinnl
16 Waste Characterization Sampling / Analysis for Disposal Determination
19 Backfill Excavations (includes labor, equipment, and materials to place, grade, and compact soil and
toosoil\
Milestone 5: Site Restoration
20 Re-establish Ground Vegetation (Seeding, Mulching, Watering.etc.)
23 Ground Veaetation O&M (includina O&M progress reports)
Milestone 6: Acceptance of Remedial Action Report
22 Remedial Action Report (Draft/ Final)
Other Bid Items not Included in Performance-Based Milestones
1 Bonds/ Insurance
3 Personnel Health and Safety
4 Mobilization/Demobilization (includes equipment and crew)
17 Soil Segregation, Loading, Transportation, and Disposal (Subtitle D)
18 Soil Segregation, Loading, Transportation, and Disposal (Subtitle C)
21 Proaress Reoorts
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Payment
Milestone
I. Acceptance of
Preliminary Planning
Documents
2. Soil Cleanup
Confirmation
Sampling and
Acceptance of Final
Planning Documents
Payment
Payment.
Milestone 1
Lump Sum+
Base fee 4%+
Award fee 8%
Payment
Milestone 2 of
Lump Sum+
Base fee 4% +
Award fee 8%
Task Deliverable
-Prepare preliminary -Shoring system design
planning documents -Remedial Action Work
Plan
(Bid Item No. 2) -Site Management Plan
-Site preparation • Daily Quality Control
activities Reports
• Collect and analyze -Shoring system design
confirmation samples -Revised Remedial
• Collect and analyze Action Work Plan
worst-case TCLP
samples
-Professional Engineer
design of shoring system
-Prepare final planning
documents
(Bid Item Nos. 5 through
12)
I I ' Table 3-2 i Performance-Based Cont;racting Summary Table ,I
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract I
Ram Leather Care Site, c'.harlotte, North Carolina f ,:
! 1'
Area Exceeds Performance Meets Performance Does Not Meet ': Incentives/ Surveillance Surveillance
' [,
Standards Standards Performance Standards '.Disincentives Measure
Schedule Deliverables are submitted 7 or Deliverables are submitted on or Deliverables are submitted after -No baie fee or award fee will be Check actual 100% inspection
more calendar days ahead of less than 7 days before due date. due date. paid ror:;"does not meet" submission date of deliverables
(40%ofbase schedule. performance standards for this against
and award (J00%ofbasefeeand 25%of (loss of both the base Jee and milestorie. requirement.
fees) (100%ofbasefee and J00%of awardfee) award fee) -IOO¾bfbase fee and 25% of
' awardfee) award f~ for "meets" performance
standards.
• !00% ~fboth the base fee and
award rk for "exceeds"
perform4nce standards.
Quality Deliverables adhere to a11 contract Deliverables are technically sound, Deliverables contain technical -Subcotltractor shall perform re-Check quality of I 00% inspection
requirements, draft documents are draft documents require only errors/ omissions, or do not follow work at ho additional cost to deliverables of deliverables
(60%ofbase technically sound and require only revisions that don't alter technical prescribed formats and final Contraclor until the quality meets against
and award minimal changes, and final quality or approach, and final documents require complete re-the perf~rmance requirements; no perfonnance
fees) documents are approved/ accepted documents require minimal submission. base fee1or award fee will be paid requirements in
I
with no changes. changes and only small portions of for .. doe~ not meet" perfonnance PWS.
the document require re-(Rework is performed at no cost to standards for this milestone.
(100%ofbasefee and I00%of submission. Contractor; loss of both the base -100% bf base fee and 25% of
award fee) Jee and award Jee) award f~ .... for .. meets" performance
(J00%ofbosefeeand 25%of standards.
award fee) • !00% ~fboth the base fee and
award fie for "exceeds"
perfo~ce standards. ,
Schedule -Acceptable performance -Acceptable performance Acceptable performance -No b~ fee or award fee will be Check date of !000/o inspection
demonstration IO percent ahead of demonstration on or less than I 0 demonstration does not meet paid for ('does not meet" acceptable (Contractor's
(50%ofbase schedule or more for the sampling percent ahead of schedule for the schedule. performance standards for this performance Resident Engineer
and award and final RA WP component. sampling and final RA WP -Greater than 5 percent of Daily mileston~. demonstration onsite) and 1000/o
fees) • 85 percent of Daily Quality component. Quality Control Reports for this -100% of base fee and 25% of against inspection of
Control Reports for this milestone • 95 percent of Daily Quality milestone are submitted more than award f~ for "meets" performance requirement. deliverables.
are submitted at the end of each Control Reports for this milestone 2 days after the report date. standardk. ·
work day. are submitted within 2 days. - I 00% rifboth the base fee and
(Loss of both the bosefee and award reb for "exceeds"
( 100% of base fee and I 00% of (J00%ofbasefee and 25%of awardfee) performince standards.
award fee) awardfee) \ :
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Table 3-2
I Performance-Based Contracting Summary Table
Lump Sum with Unit Price Adjustmerits Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North Carolina
Payment Payment Task Deliverable Area Exceeds Performance I Meets Performance Does Not Meet i Incentives/ Surveillance Surveillance
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Milestone Standards i Standards Performance Standards Disincentives Measure
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Perfonnance demonstration meets Performance demonstration meets
I Check quality of 100% inspection
Quality Sampling work does not meet -Subcontractor shall perform re-
work plan requirements; activities ·work plan requirements; activities work plan objectives without work at rio additional cost to work and (Contractor's
(50%ofbose are conducted safely and in are conducted safely and in additional effort or performance Contractor until the quality meets deliverables Resident Engineer
and award accordance with approved accordance with approved demonstration does not meet work the performance requirements; no against work plan onsite) and 100%
fees) planning documents; changes are planning documents; sampling plan requirements or hea1th and base fee ~r award fee will be paid requirements and inspection of
' PWS. deliverables.
documented and approved well in _ strategy adequately characterizes safety violations are committed for "does not meet" perfonnance
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-advance; innovative solutions are contamination without additional during performance of work or the standards for this milestone.
used to address potential field sampling; and the RA WP is RA WP requires major revisions. -l00% of base fee and 25% of
problems in order to meet project accepted with minor revisions. award fee for .. meets" perfonnance
objectives; sampling strategy (Modifications are performed at standards.
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adequately characterizes (/00% of base fee and 25% of no cost to Contractor; loss of both -l00% of both the base fee and
contamination without additional awordfee) the base fee and award fee) award fee for "exceeds"
sampling; and the RA WP is performance standards.
accepted without revisions.
I ( I 00% of hose fee and /00% of
award fee)
I 3. Soil Excavation to Payment -Soil retention system -Daily Quality Control Schedule -Acceptable performance -Acceptable perfonnance -Acceptable perfonnance -No bask fee or award fee will be Check removal l 00% inspection
13 feet bis Milestone 3 of installation Reports demonstration for the soil removal demonstration for the soil removal demonstration for the soil removal paid for "d9es not mCet" activity dates (Contractor's
Lump Sum+ -Soil excavation to 13 (40%ofbose for this milestone exceeds the for this milestone meets the does not meet the completion date performance standards for this against established Resident Engineer
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Base fee 4% + feet bis . and award completion due date goals by I 0 completion date goals or is less goals. milestone. completion dates. onsite) and 100%
Award fee 8% -Stockpile excavated fees) percent or more. than IO percent ahead of schedule. -Greater than 5 percent of Daily -100% of base fee and 25% of inspection of
soils -85 percent of Daily Quality -95 percent of Daily Quality Quality Control Reports for this award fee for "meets" perfonnance deliverables.
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Control Reports for this milestone Control Reports for this milestone milestone are submitted more than standards.
(Bid Item Nos. 13 and are submitted at the end of each are submitted within 2 days. 2 days after the report date. -

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00% ~fboth the base fee and
14) workday.
award fee for ••exceeds"
(J00%ofbasefee and 25%of (loss of both the base fee and performance standards.
(/00%ofbasefee and 100%of award fee) awardfee)
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award fee) '
Quality The soil removal activities as The soil removal activities as The soil removal activities do not -Subcontractor shall perform re-Check quality of I 00% inspection
implemented meet or exceed the implemented meet the work plan meet the work plan objectives work at no additional cost to work and (Contractor's
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(60%ofbase work plan requirements; activities requirements with minor fine without additional effort or Contractor until the quality meets deliverables Resident Engineer
and award are conducted safely and in tuning; activities are conducted operational criteria are not met or the performance requirements; no against work plan onsite) and 100%
fees) accordance with approved safely and in accordance with health and safety violations are base fee or award fee will be paid requirements and inspection of
planning documents; changes are approved planning documents. committed during performance of for "doe~ not meet" performance PWS. deliverables.
documented and approved well in work. standardS for this milestone.
advance; innovative solutions are (100% of hose fee and 25% of -100% dfbase fee and 25% of
used to address potential field award fee) (Modifications are performed at award fee for "meets" performance
problems in order to meet project no cost to Contractor; loss of both standard$.
I objectives; an innovative solution the base fee and award fee) -100¾ of both the base fee and
is used to minimize excavation award fef: for "exceeds"
dewatering (if necessary). performance standards.
I ( I 00% of hose fee and I 00% of
award fee)
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Payment Payment
Milestone
4. Soil Excavation Payment
from 13 to 26 feet Milestone 4 of
bis Lump Sum+
Base fee4%+
Award fee 8%
Task Deliverable
-Soil retention system -Daily Quality Control
installation (if possible Reports
to completed in
Milestone 3)
-Soil excavation from
13 to 26 feet bis
-Soil dewatering (if
necessary)
-Stockpile excavated
soils
-Conduct TCLP
analyses on stockpiled
soils
-Backfill and compact
excavation areas
(Bid Item Nos. 13, 15,
16, and 19)
Table 3-2
Performance-Based Contracting Summary Table
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, €harlotte, North Carolina
Area Exceeds Performance Meets Performance Does Not Meet
Standards Standards Performance Standards
Schedule -Acceptable performance -Acceptable performance -Acceptable performance
demonstration for the soil removal demonstration for the soil removal demonstration for the soil removal
(40%ofbase for this milestone exceeds the for this milestone meets the does not meet the completion date
and award completion due date goals by I 0 completion date goals or is less goals.
fees) percent or more. than IO percent ahead of schedule. -Greater than 5 percent of Daily
-85 percent of Daily Quality -95 percent of Daily Quality Quality Control Reports for this
-Control Reports for this milestone Control Reports for this milestone milestone are submitted more than
are submitted at the end of each are submitted within 2 days. 2 days after the report date.
workday.
(I00%ofbasefee and 25%of (Loss of both the base fee and
(I 00% of base Jee and I 00% of award fee) award fee)
award fee)
Quality The soil removal activities as The soil removal activities as The soil removal activities do not
implemented meet or exceed the implemented meet the work plan meet the work plan objectives
(60%ofbase work plan requirements; activities requirements with minor fine without additional effort or
and award are conducted safely and in tuning; activities are conducted operational criteria are not met or
fees) accordance with approved safely and in accordance with health and safety violations are
planning documents; changes are approved planning documents. committed during performance of
documented and approved well in work.
advance; innovative solutions are (I 00% of base Jee and 2 5% of
used to address potential field award fee) (Modifications are performed at
problems in order to meet project no cost to Contractor; loss of both
objectives; an innovative solution the base fee and award fee)
is used to minimize excavation
dewatering (if necessary).
( I 00% of base Jee and I 00% of
award fee)
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'Incentives/ Surveillance Surveillance
Disincentives Measure
'
-No basJ fee or award fee will be Check removal 100% inspection
paid for ''does not meet" activity dates (Contractor's
perforrnapce standards for this against established Resident Engineer
milestone. completion dates. onsite) and 100%
-100% of base fee and 25% of inspection of
award feC for "meets .. performance deliverables.
standards.
-100% of both the base fee and
award fee for .. exceeds"
perfonnance standards.
-Subcontractor shall perfonn re-Check quality of l 00% inspection
work at no additional cost to work and (Contractor's
Contractor until the quality meets deliverables Resident Engineer
the performance requirements; no against work plan onsite) and 100%
base fee or award fee will be paid requirements and inspection of
for "does not meet" performance PWS. deliverables.
standards for this milestone.
-100% of base fee and 25% of
award fee for ••meets" performance
standards.
-

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00% of both the base fee and
award fee for "exceeds"
perfonnance standards.
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Table 3-2 I
Performance-Based Contracting Summary Table I
Lump Sum with Unit Price Adjustme~ts Plus Performance Fee Subcontract I -i Ram Leather Care Site, Charlotte, North Carolina
I Payment
! Surveillance Payment Task Deliverable Area Exceeds Performance Meets Performance Does Not Meet I Incentives/ Surveillance
'
Milestone Standards Standards Performance Standards Disincentives Measure
'
I 5. Site Restoration Payment -Regrade area and apply -Daily Quality Control Schedule -Acceptable performance -Acceptable performance -Acceptable performance -No b.J fee or award fee will be Check completion l 00% inspection
Milestone 5 of seed and mulch Reports demonstration for the site demonstration for the site demonstration for the site paid for jdoes not-meet" dates against of deliverables and
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Lump Sum+ -Restore all areas to pre--Quarterly O&M (50%ofbase restoration exceeds the completion restoration meets the completion restoration does not meet the perfonruince standards for this requirements. site.
Base fee 4%+ excavation conditions Progress Reports and award due date goals by 20 percent or date goals or is less than 20 completion date goals. milestone.
Award fee 8% -Remove trash and -Successful site fees) more. percent ahead of schedule. -The site inspection exceeds the -100% of base fee and 15% of
debris inspection upon -The site inspection meets the -The site inspection exceeds the completion due date goal by more award fee for "meets" performance
-Quarterly site completion completion due date goal by less completion due date goal by less than two days. standards.
I inspections for 1 year than two days. than two days. -Greater than 5 percent of Daily -100% of both the base fee and
-Conduct corrective -85 percent of Daily Quality -95 percent of Daily Quality Quality Control Reports for this award fee for "exceeds"
actions until site Control Reports for this milestone Control Reports for this milestone milestone are submitted more than performance standards.
vegetation _is are submitted at the end of each are submitted within 2 days. 2 days after the report date.
I reestablished work day. -The Quarterly O&M Progress -The Quarterly EPA Progress
-The Quarterly O&M Progress Reports are submitted within two Reports are submitted more than
(Bid Item Nos. 20 and Reports are submitted within one weeks after the quarterly site two weeks after the quarterly site
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23) week after the quarterly site activities are completed. activities are completed.
activities are completed.
(100%ofbasefee and /5%of (Loss of both the base fee and
( 100% of base Jee and I 00% of award fee) award fee)
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award fee) I
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Quality -Site restoration is completed with -Site restoration is completed with -Site restoration is not completed -Subcontractor shall perfonn re-Check quality 100% inspection
no punchlist items. very minor punch list items that are and/or there are significant work at no additional cost to against of deliverables and
I (50%ofbase -No signs of building settling or addressed within schedule. punchlist items to be addressed. Contractor until the quality meets performance site
and award soil subsidence. -No signs of building settling and -Signs of building settling and/or the performance requirements; no requirements in
fees) -Effective vegetation minimal soil subsidence. significant soil subsidence. base fee will be paid for "does not PWS.
reestablishment such that no -Effective vegetation -Vegetation reestablishment meet" peri"ormance standards for
I corrective actions are necessary. reestablishment such that minimal requires major corrective actions. this milestone.
corrective actions are necessary. -50% of award fee for "meets"
(100%ofbasefeeand /00%of (Corrective actions are performed performance standards; 100"/o of
award fee) (I 00% of base Jee and I 5% of at no cost to Contractor; loss of award rec for "exceeds"
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award fee) both the base fee and award fee) performance standards.
6. Acceptance of
I Check for signs of I 00% inspection
Payment -Prepare Remedial -Remedial Action Report Schedule Deliverables are submitted 7 or Deliverables are submitted on or Deliverables are submitted after -Subcon,tractor shall perform re-
Remedial Action Milestone 6 Action Report more calendar days ahead of less than 7 days before due date. due date. work at no additional cost to building settling of deliverables and
Report Lump Sum+ (50%ofbase schedule. Contractor until the quality meets and soil subsidence inspections at site
Base fee4%+ (Bid Item No. 22) and award (I 00% of base fee and 15% of (Loss of both the base fee and the perfonnance requirements; no and quality of and/or inspection
Award fee 8% fees) ( I 00% of base fee and I 00% of award fee) award fee) base fee ?r award fee will be paid reestablished of site photos
award fee) for "does not meet" performance vegetation. takes at each
standards for this milestone. quarterly O&M
-100% cif base fee and 15 % of event.
award fee for .. meets" performance
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standards.
-100% of both the base fee and
award feC for "exceeds"
perfoonkce standards.
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Table 3-2
Performance-Based Contracting Summary Table
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North Carolina
Payment Payment Task Deliverable Area Exceeds Performance Meets Performance Does Not Meet
Milestone Standards Standards Performance Standards
Quality Deliverables adhere to all contract Deliverables are technically sound, Deliverables contain technical
requirements, draft documents are draft documents require only errors/ omissions, or do not follow
(50%ofbase technically sound and require only revisions that don't alter technical prescribed formats and final
and award minimal changes, and final quality or approach, and final documents require complete re-
fees) documents are approved/ accepted documents require minimal submission.
with no changes. changes and only small portions of
the document require re-(Modifications are pe,formed at
(/00%ofbasefeeand 100%of submission. no cost to Contractor; loss of both
award fee) the base fee and award fee)
(100%ofbasefeeand 15%of
award fee)
Change Orders 0.5% Award -Submittal of Change -Change Orders Cost No change orders are submitted by The cost of change orders The cost of change orders
Fee Orders -Final Invoice Subcontractor unless in response submitted by Subcontractor and submitted by Subcontractor and
(/00%of to changes requested by the Client approved by Contractor (excluding approved by Contractor
award fee) or Contractor. Additionally, those requested by Client or (excluding those requested by
change orders in response to Contractor, or in response to soil Client or Contractor, or in
modifications in soil excavation excavation volume modifications) response to soil excavation
volume are excluded from is less than or equal to 3% of the volume modifications) is greater
,, performance standard assessment. original project cost (exclusive of than 3% of the original project
fee). cost (exclusive of fee).
( 100% of award fee)
( 40% of award fee for change (Loss of award fee)
orders between > 2% and .:::£3% of
original project cost; 60% of
award fee for change orders
between> 1% and .:::£2% of original
project cost; 80% of award fee for
change orders ::£I% of original
project cost)
Notes:
This subcontract includes a base fee of 4% and an award fee of 8% for Performance Milestones, and an additional award fee 0.5% associated with change order costs.
I
Incentives/ Surveillance Surveillance
' Measure Disincentives ' I Check quality of 100% inspection -Subcontractor shall perfonn re-
work at n6 additional cost to deliverables of deliverables
Contractof until the quality meets against
the performance requirements; no performance
base fee o~ award fee will be paid requirements in
' PWS. for "does not meet" performance
standards for this milestone.
-IOO¾ofbasefeeand 15%of
award fee for "meets" performance
standards:
-100% of both the base fee and
award fee'for "exceeds"
performance standards.
-No award fee will be paid for Check final 100% inspection
"does not'meet" performance invoice against of invoice and
standards ·for this milestone. original project supporting change
-40 to 80% of award fee for cost. order cost data
"meets" ~rformance standards· ' , I 00% of award fee for .. exceeds"
performance standards.
- -- --·-- - -- - - --
Table3-3
Summary of Task Requirements
Ram Leather Care
Charlotte, Mecklenburg County, North Carolina
Bid Item Description Task Requirements
No.
Milestone 1: Acceptance of Preliminary Planning Documents
2 Preliminary Planning Documents (includes Remedial -The RA WP shall address the items required in Section 3.2.1 of the PWS.
Action Work Plan and Site Management Plan) -The project schedule shall address the items required in Section 3.2.1.3 of the PWS and utiliz.e
the USACE WBS and meet the requirements of Article 2 of the Subcontract Agreement.
-The SMP shall address the items required in Section 3.2.2 of the PWS.
-The CHASP shall address the items required in Section 3.2.2.1 of the PWS and comply with
the requirements of the Contractor's Health and Safety Program (Attachment H to the
Subcontract).
-The DMP shall address the items required in Section 3.2.2.3 of the PWS and comply with the
requirements found in EPA's Guidance on Quality Assurance Projects (G-5), EPA/600/R-
02/009.
-The FSP shall address the items required in Section 3.2.2.2 of the PWS and comply with the
requirements ofEPA's Environmental Investigations Standard Operating Procedures and
Quality Assurance Manual.
-The PCMP shall address the items required in Section 3.2.2.4 of the PWS and incorporate the
applicable federal, state, and local waste management regulations.
Milestone 2: Soil Cleanup Confirmation Sampling and Acceptance of Final Planning Documents
5 Erosion Control Implementation (silt fencing, etc.) -Tasks shall be perfonned in accordance with the approved RA WP, Section 3.3.2 of the PWS,
6 Site Security Implementation (fencing, etc.) and the requirements of Articles 25,27, and 28 of Attachment E to the Subcontract Agreement.
-Management of construction wastes shall be performed in accordance with the approved
7 Utility Clearances/ Protection PCMP and the requirements of Article 26 of Attachment E to the Subcontract Agreement.
8 Demolition (includes removal and disposal of two
empty ASTs and concrete pad)
9 Seal Exit Point of Floor Drain with Concrete
Table 3-3
Summary of Task Requirements
Ram Leather Care
Charlotte, Mecklenburg County, North Carolina
Bid Item Description . Task Requirements No.
IOa TCLP Sample Analysis (worst-case scenario samples -Soil cleanup confirmation sampling and worst-case TCLP sampling shall be performed in collected as part of confirmation sampling event prior accordance with the requirements of the approved RA WP and Section 3.3.I of the PWS. to excavation; including sampling materials) -Sampling activities shall be performed in accordance with the Subcontractor's FSP.
-Data management shall be conducted in accordance with the Subcontractor's DMP.
!Ob Confirmation Sample Analysis (VOCs; including
sampling materials)
!Oc Advancement of Boring for Confirmation or TCLP
Sample Collection (including labor)
11 Professional Engineering Design (includes permitting -Shoring system design shall be performed in accordance with the requirements of Section and shoring design) 3.2.1.2 and 3.3.3 of the PWS.
12 Revised Remedial Action Work Plan (including -The revised RA WP shall address the items required in Section 3.2.1 of the PWS and include revised excavation limits) modifications based on cleanup confirmation sampling and shoring system design. -The project schedule shall utilize the USACE WBS and meet the requirements of Article 2 of the Subcontract Agreement.
Milestone 3: Soil Excavation to 13 feet bis
13 Shoring System Installation (steel sheeting) -Installation of the soil retention/shoring system shall be performed in accordance with the requirements of Section 3.3.3 of the PWS, and the requirements of the approved shoring system design and revised RA WP.
-Construction activities shall be performed in accordance with the Subcontractor's CHASP and Article 27 of Attachment E to the Subcontract Agreement.
-------------------
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Table 3-3
Summary of Task Requirements
Ram Leather Care
Charlotte, Mecklenburg County, North Carolina
Bid Item Description Task Requirements
No.
14 Contaminated Soil Excavation to 13 feet bis -Soil excavation activities shall be performed in accordance with the requirements of the
(includes labor, equipment, materials, dust control, approved revised RA WP and Section 3.3.3 of the PWS.
and soil stockpiling) -Construction activities shall be performed in accordance with the Subcontractor's CHASP and
Article 27 of Attachment E to the Subcontract Agreement.
-Management of construction wastes shall be performed in accordance with the approved
PCMP and the requirements of Article 26 of Attachment E to the Subcontract Agreement.
Milestone 4: Soil Excavation from 13 to 26 feet bis
13 Shoring System Installation (steel sheeting) -Installation of the soil retention/shoring system shall be performed in accordance with the
requirements of Section 3.3.3 of the PWS, and the requirements of the approved shoring system
design and revised RA WP.
-Construction activities shall be performed in accordance with the Subcontractor's CHASP and
Article 27 of Attachment E to the Subcontract Agreement.
15 Contaminated Soil Excavation from 13 to 26 feet bis -Soil excavation activities shall be performed in accordance with the requirements of the
[includes labor, equipment, materials, dewatering (if approved revised RA WP and Section 3.3.3 of the PWS.
necessary), dust control, and soil stockpiling] -Construction activities shall be performed in accordance with the Subcontractor's CHASP and
Article 27 of Attachment E to the Subcontract Agreement.
-Management of construction wastes shall be performed in accordance with the approved
PCMP and the requirements of Article 26 of Attachment E to the Subcontract Agreement.
16 Waste Characterization Sampling/ Analysis for -Stockpile TCLP sampling shall be performed in accordance with the requirements of the
Disposal Determination approved revised RA WP and Section 3.3.4 of the PWS.
-Sampling activities shall be performed in accordance with the Subcontractor's FSP.
-Data management shall be conducted in accordance with the Subcontractor's DMP.
19 Backfill Excavations (includes labor, equipment, and -Excavations shall be backfilled in accordance with the requirements of the approved revised
materials to place, grade, and compact soil and RAWP and Section 3.3.5 of the PWS.
topsoil)
.
Table 3-3
Summary of Task Requirements 0
Ram Leather Care
Charlotte, Mecklenburg County, North Carolina
Bid Item Description Task Requirements No.
Milestone 5: Site Restoration
20 Re-establish Ground Vegetation (Seeding, Mulching, -Site restoration shall be performed in accordance with the requirements of the approved Watering,etc.) revised RA WP, Sections 3.3.5 of the PWS, and the requirements of Articles 26 and 38 of
Attachment E to the Subcontract Agreement.
-Construction activities shall be performed in accordance with the Subcontractor's CHASP and Article 27 of Attachment E to the Subcontract Agreement.
-Management of construction wastes shall be performed in accordance with the approved
PCMP and the requirements of Article 26 of Attachment E to the Subcontract Agreement.
23 Ground Vegetation O&M (including O&M progress -O&M monitoring shall be performed in accordance with the approved RA WP and the reports) requireinents of Section 3.4 of the PWS.
Milestone 6: Acceptance of Remedial Action Report
22 Remedial Action Report (Draft/ Final) -The Remedial Action Report shall be prepared in accordance with the approved RA WP and
shall address, but is .not limited to, the items required in Section 3.5.3 of the PWS.
Other Bid Items not Included in Performance-Based Milestones
I Bonds / Insurance -Bonds and insurance shall be obtained in accordance with the requirements of Articles 9 and
IO of Attachment E to the Subcontract Agreement and Special Condition 20 of Attachment F to the Subcontract Agreement.
3 Personnel Health and Safety -Personnel health and safety shall be maintained in accordance with Sections 3.1 and 3.3.3 of
the PWS, the Subcontractor's approved CHASP, and Article 27 of Attachment E to the
Subcontract Agreement.
4 Mobilization/Demobilization (includes equipment -Mobilization/demobilization shall be conducted in accordance with the approved RA WP. and crew)
-- -----

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-

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-·-- ---·-- - - - ---lliiiil liiiiil
Table 3-3
Summary of Task Requirements
Ram Leather Care
Charlotte, Mecklenburg County, North Carolina
Bid Item Description Task Requirements
No.
17 Soil Segregation, Loading, Transportation, and -Soil segregation, loading, transportation, and disposal activities shall be performed in
Disposal (Subtitle D) accordance with the requirements of the approved revised RA WP and Section 3.1.5 of the PWS.
-Construction activities shall be performed in accordance with the Subcontractor's CHASP and
Article 27 of Attachment E to the Subcontract Agreement.
18 Soil Segregation, Loading, Transportation, and -Management of construction wastes shall be performed in accordance with the approved
Disposal (Subtitle C) PCMP and the requirements of Article 26 of Attachment E to the Subcontract Agreement.
-Waste manifests shall be prepared in accordance with the requirements of the approved revised
RAWP, Section 3.1.5 of the PWS, and 40 CFR Parts 260-265 and 271.
21 Progress Reports -Progress reports shall be prepared in accordance with the requirements of Section 3.5.2 of the
PWS.
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LEGEND
H
cou
PARCEL
RAJ
SCALE IN FEET
'.!!]
,ii
~;
TI-lC<IROI.INASTATEPl.ME.,l'W)8J ,
.... ~.:...• t°!-l.! •
Soun:11: DES Resource Groups, Inc., survey, August 15, 2002.
Motklenburg Co. LWld Roronls Div., oorlal photograph, June 2001.
Adapted ,rom: Madleoburg Co. Lin:! Records Div., DpOgraphlc attri:lules.
Ocbber2002.
Figure 1-1
Site Vicinity Map
Ram Leather Site
Charlotte, North Carolina
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\ \ \
DRINKING WATER WELL
MONITORING WELL
(01 SEPTIC
'-TANK \\
\, s"-~.,
\'-'""' \
PRESUMED
DUMPSTER
LOCATION
~ -~
\
\\,
\ /""" SEPTIC
O";: DRAIN FIELD
HEAD BOX
100
Site Layout Map
Ram Leather Care Site
Charlotte, Mecklenburg County, North Carolina
\ \
50
/
LEGEND
0 100
1~ = 100'
Figure
1-2
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APRIL 1999 SOIL SAMPLE LOCATIONS
AUGUST 1999 SOIL SAMPLE LOCATIONS
SOIL EXCAVATION AREA AS DEFINED IN THE IROD
NOTE: Concentrations in bold red lettertng
exceeded the EPA SSL of 3 ug/kg for PCE.
PCE Detections in Soil (1999)
and Proposed Excavation Area
Ram Leather Care Site
0.96U
0.98U
----------
-----
S53
SEPTIC .--r---r-V DRAIN FIELD
D ,
/
60 30
HEAD BOX
LEGEND
0
1' = 60'
60
Figure
1-3 ~ Charlotte, Mecklenburg County, North Carolina
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• eDsa
RL25
..
RL21
AREA 1
..
RL22
DRUM
STORAGE
AREA
APRIL 1999 SOIL SAMPLE LOCATIONS
AUGUST 1999 SOIL SAMPLE LOCATIONS
ND1 •
e DS1
SOIL EXCAVATION AREA AS DEFINED IN THE IROD
ANTICIPATED SOIL EXCAVATION AREA
Detail of Soil Excavation Area
Ram Leather Care Site
SS1 •
s SEPTIC
TANK
FLOOR DRAIN
FROM BUILDING
TO UNDERNEATH
CONCRETE PAD
30 15
LEGEND
0
Charlotte, Mecklenburg County, North Carolina
SS2 •
30
Figure
3-1
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Appendix A to PWS
Geotechnical Investigation Summary Report
(Will be submitted for inclusion in the RA Subcontracting Documents prior to
submittal of proposal requests to potential Subcontractors) ·
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Appendix B to PWS
List of Standards, Methods, and Guidelines
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LIST OF STANDARDS, METHODS, AND GUIDELINES
U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)
40 CFR 261
40 CFR 262
40 CFR 263
40 CFR 264
40 CFR 265
40 CFR 266
40 CFR 268
40 CFR 270
40 CFR 300
40 CFR 302
49 CFR 107
49 CFR 172
49 CFR 173
49 CFR 178
29 CFR 1910.120
29 CFR 1926.65
Identification and Listing of Hazardous Waste
Standards Applicable to Generators of
Hazardous Waste
Standards Applicable to Transporters of
Hazardous Waste
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and
Disposal Facilities
Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities
Standards for the Management of Specific
Hazardous Wastes and Specific Types of
Hazardous Waste Management Facilities
Land Disposal Restrictions
EPA Administered Permit Programs: The
Hazardous Waste Permit Program
National Oil and Hazardous Substances
Pollution Contingency Plan
Designation, Reportable Quantities, and
Notification
Hazardous Materials Program Procedures
Hazardous Materials Table, Special
Provisions, Hazardous Materials
Communications, Emergency Response
In_formation, and Training Requirements
Shippers -General Requirements for Shipments
and Packagings
Specifications for Packaging
Hazardous Waste Operations and Emergency
Response
Hazardous Waste Operations and Emergency
Response
ACI INTERNATIONAL (ACI).
ACI 318/318R (1995) Building Code Requirements for
Structural Concrete and Commentary
ACI 318M (1995) Building Code Requirements for
Structural Concrete and Commentary (Metric)
ACI 347R (1994; R 1999) Guide to Formwork for Concrete
AMERICAN PETROLEUM INSTITUTE (API)
API SPEC 13A (1993) Drilling -Fluid Materials
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)
ASTM A 47/A 47M
ASTM A 53
ASTM A 74
ASTM A 82
ASTM A 105/A 105M
ASTM A 183
ASTM A 184/A 184M
ASTM A 193/A 193M
ASTM A 497
ASTM A 515/A 515M
ASTM A 516/A 516M
ASTM A 536
ASTM A 615/A 615M
ASTM A 675/A 675M
(1999) Ferritic Malleable Iron Castings
(1999) Pipe, Steel, Black and Hot-Dipped,
Zinc-Coated, Welded and Seamless
(1998) Cast Iron soil Pipe and Fittings
(199rya) Steel Wire, Plain, for Concrete
Reinforcement
(2001) Carbon Steel Forgings for Piping
Applications
(1998) Carbon Steel Track Bolts and Nuts
(1996) Fabricated Deformed Steel Bar Mats for Concrete Reinforcement
(2001a) Alloy-Steel and Stainless Steel
Bolting Materials for High-Temperature
Service
(1997) Steel Welded Wire Fabric, Deformed,
for Concrete Reinforcement
(1989; R 1997) Pressure Vessel Plates, Carbon
Steel, for Intermediate-and Higher-
Temperature Service
(1990; R 1996) Pressure vessel Plates, Carbon
Steel, for Moderate-and Lower-Temperature
Service
(1984; R 1999el) Ductile Iron Castings
(1996a) Deformed and Plain Billet-Steel Bars
for Concrete Reinforcement
(1990a; R 1995el) Steel Bars, Carbon, Hot-
Wrought, Special Quality, Mechanical
Properties
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ASTM A 706/A 706M
ASTM A 767/A 767M
ASTM A 775/A 775M
ASTM A 884/A 884M
ASTM B 32
ASTM B 370
ASTM B 813
ASTM C 94
ASTM C 136
ASTM C 150
ASTM C 387
ASTM C 564
ASTM D 709
ASTM C 920
ASTM C 1116
ASTM D 698
ASTM D 1140
ASTM D 1452
ASTM D 1556
ASTM D 1785
(1998) Low-Alloy Steel Deformed and Plain
Bars for Concrete Reinforcement
(1997) Zinc-Coated (Galvanized) Steel Bars in Concrete Reinforcement
(1997el) Epoxy-Coated Reinforcement Steel
Bars
(1996ael) Epoxy-Coated Steel Wire and Welded
Wire Fabric for Reinforcement
(1996) Solder Metal
(1998) Copper Sheet and Strip for Building
Construction
(2000) Liquid and Paste Fluxes for Soldering
Applications of Copper and Copper Alloy Tube
(1996) Ready-Mixed Concrete
{1996; Rev. A) Sieve Analysis of Fine and
Coarse Aggregates
(1997) Portland Cement
(1995) Packaged, Dry, Combined Materials for
Mortar and Concrete
(1997) Rubber Gaskets for Cast Iron Soil Pipe
and Fittings
. (2000) Laminated Thermosetting Materials
(1998) Elastomeric Joint Sealants
(1995) Fiber-Reinforced Concrete and
Shotcrete
(1991; R 1998) Laboratory Compaction
Characteristics of{"'soil Using Standard Effort
(12,400 ft-lbf/ft (600 kN-m/m))
(1997) Amount of Material in Soils Finer Than
the No. 200 {75-Micrometer) Sieve
(1980; R 1995) Soil Investigation and
Sampling by Auger Borings
(1990; R 1996) Density and Unit Weight of
Soil in Place by the Sand-Cone Method
(1996b) Poly (Vinyl Chloride) (PVC)Plastic -
Pipe, Schedules 40, 80, and 120
ASTM D 2000
ASTM D 2235
ASTM D 2239-01
ASTM D 2487
ASTM D 2488
ASTM D 2564
ASTM D 2652
ASTM D 2822
ASTM D 2854
ASTM D 2855
ASTM D 2862
ASTM D 2866
ASTM D 2867
ASTM D 2922
ASTM D 3122
ASTM D 3138
ASTM D 3139
ASTM D 3212
ASTM D 3308
{1999) Rubber Products in Automotive
Applications
{1996a) Solvent Cement for Acrylonitrile-
Butadiene-Styrene (ABS) Plastic Pipe and
Fittings
Specification for Polyethylene (PE} Plastic
Pipe (SIDR-PR) Based on Controlled Inside
Diameter
(1998) Classification of Soils for
Engineering Purposes (Unified~Soil
classification System)
(1993) Description and Identification of Soils (Visual-Manual Procedure)
(1996a) Solvent Cements for Poly(Vinyl
Chloride) (PVC) Plastic Piping Systems
(1994) Activated carbon
(1991; R 1997el) Asphalt Roof Cement
(1996) Apparent Density of Activated Carbon
(1996) Making Solvent-Cemented Joints with
Poly(Vinyl Chloride) (PVC) Pipe and Fittings
{1997) Particle SiZe Distribution of Granular Activated Carbon
(1994) Total Ash Content of Activated Carbon
(1995) Moisture in Activated Carbon
(1996) Density of Soil and Soil-Aggregate in
Place by Nuclear Methods (Shallow Depth)
(1995) Solvent Cements for Styrene-Rubber·
(SR) Plastic Pipe and Fittings
(1995) Solvent Cements for Transition Joints
Between Acrylonitrile-Butadiene-Styrene (ABS)
and Poly (Vinyl Chloride) (PVC) Non-Pressure Piping Components
(1998) Joints for Plastic Pressure Pipes
Using Flexible Elastomeric Seals
(1996a) Joints for Drain and Sewer Plastic
Pipes Using Flexible Elastomeric Seals
(1997) PTFE Resin Skived Tape
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ASTM D 3802
ASTM D 4607
ASTM D 4750
ASTM D 3350
ASTM D 4318
ASTM D 4750
ASTM D 4972
ASTM D 5088
ASTM D 5092
ASTM D 5228
ASTM D 5299
ASTM D 5521
ASTM F 477
ASTM F 480
ASTM F 883
ASTM F 493
(1979; R 1994) Ball-Pan Hardness of Activated
Carbon
(1994) Determination of Iodine Number of
Activated Carbon
(1987; R 1993el) Determining Subsurface
Liquid Levels in a Borehole or Monitoring
Well (Observation Well)
Specification for Polyethylene Plastic Pipe
Pipe and Fittings Materials
(1998) Liquid Limit, Plastic Limit, and
Plasticity Index of Soils
(1987; R 1993) Determining Subsurface Liquid
Levels in a Borehole or Monitoring Well
(Observation Well)
(1995a) pH of Soils
(1990) Decontamination of Field Equipment
Used at Non-radioactive Waste Sites
(1990) Design and Installation of Ground
Water Monitoring Wells in Aquifers
(1992) Determination of the Butane Working
Capacity of Activated Carbon
(1992) Decommissioning of Ground Water Wells,
Vadose Zone Monitoring Devices, Boreholes,
and Other Devices for Environmental
Activities
(1994) Development of Ground-Water Monitoring
Wells in Granular Aquifers
(1999) Elastomeric Seals (Gaskets) for
Joining Plastic Pipe
(1994) Thermoplastic Well Casing Pipe and
Couplings Made in Standard Dimension Ratios
(SOR), SCH 40 and SCH 80
(1997) Padlocks
(1997) Solvent Cements for Chlorinated
Poly (Vinyl Chloride) (CPVC) Plastic Pipe and
Fittings
AMERICAN SOCIETY OF SANITARY ENGINEERING (ASSE)
ASSE 1001 (1990) Pipe Applied Atmospheric Type Vacuum
Breakers
ASSE 1002
ASSE 1003
ASSE 1011
ASSE 1012
ASSE 1013
ASSE 1018
ASSE 1020
(1986) Water Closet Flush Tank Ball Cocks
(1995) Water Pressure Reducing Valves for
Domestic Water Supply Systems
(1995) Hose Connection Vacuum Breakers
(1995) Backflow Preventers with Intermediate
Atmospheric Vent
(1999) Reduced Pressure Principle Backflow Preventers
(1986) Trap Seal Primer Valves Water Supply
Fed
(1998) Pressure Vacuum Breaker Assembly
(Recommended for Outdoor Usage)
AMERICAN WATER WORKS ASSOCIATION(AWWA)
AWWA BJOO
AWWA B301
AWWA ClOS
AWWA C203
AWWA C606
hWWA C700
(1999) Hypochlorites
(1992; Addenda B30la -1999) Liquid Chlorine
(1999) Polyethylene Encasement for Ductile-
Iron Pipe Systems
(1997; Addenda C203a -1999) Coal-Tar
Protective Coatings and Linings for Steel
Water Pipelines -Enamel and Tape -Hot-
Applied
(1997) Grooved and Shouldered Joints
(1995) Cold-Water Meters -Displacement Type,
Bronze Main Case
AMERICAN WELDING SOCIETY (AWS)
AWS AS.8
AWS B2.2
{1992) Filler Metals for Brazing· and Braze Welding
(1991) Brazing Procedure and Performance
Qualification
ASME INTERNATIONAL (ASME)
ASME All2.l.2 (1991; R 1998) Air Gaps in Plumbing Systems
ASME All2.14.l (1975; R 1998)Backwater Valves
ASME All2. 36. 2M (1991; R 1998) Cleanouts
ASME All2. 6. lM (1997) Supports for Off-the-Floor Plumbing Fixtures for Public Use
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ASME B1.20.1
ASME B16.18
ASME B16.21
ASME B16.34
ASME B16.5
ASME B31.1
ASME B31. 5
ASME B40.1
(1983; R 1992) Pipe Threads, General Purpose
(Inch)
(1984; R 1994) Cast Copper Alloy Solder Joint
Pressure Fittings
(1992) Nonmetallic Flat Gaskets for Pipe
Flanges
(1997) Valves -Flanged, Threaded, and
Welding End
(1996; B16.Sa) Pipe Flanges and Flanged
Fittings NPS 1/2 thru NPS 24
(1998) Power Piping
(1992; B31.Sal994) Refrigeration Piping
(1991) Gauges -Pressure Indicating Dial Type
-Elastic Element
U.S. ARMY CORPS OF ENGINEERS
EM 1110-1-4001 (2002) Soil Vapor Extraction and Bioventing
CAST IRON SOIL PIPE INSTITUTE (CISPI)
CISPI 310
CISPI HSN-85
(1997) Coupling for Use in Connection with
Hubless Cast Iron Soil Pipe and Fittings for
Sanitary and Storm Drain, Waste,· and Vent
Piping Applications
(1985) Neoprene Rubber Gaskets for Hub and
Spigot Cast Iron Soil Pipe and Fittings
CONCRETE REINFORCING STEEL INSTITUTE (CRSI)
CRSI MSP-1 (1996) Manual of Standard Practice
COPPER DEVELOPMENT ASSOCIATION (CDA)
CDA Tube Handbook (1995) Copper Tube Handbook
U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)
EPA SW-846
EPA 600/4-79-020
1986 Test Methods for Evaluating Solid Waste
(Physical/Chemical Methods)
1983 Methods for the Chemical Analysis of
Water and Wastes
FLORIDA ADMINISTRATIVE CODE (F.A.C.)
Chapter 62-522 Groundwater Permitting and Monitoring
Requirements
Chapter 62-782 Drycleaning Solvent Cleanup Criteria
FORESTRY SUPPLIERS (FSUP)
FSUP Soil Color Chart (1994) Munsell Soil Color Charts
FOUNDATION, FOR CROSS-CONNECTION CONTROL AND HYDRAULIC RESEARCH (FCCCHR)
FCCCHR-01 (1993) Manual of Cross-Connection Control
U.S. GENERAL SERVICES ADMINISTRATION (GSA)
FS RR-F-191
FS RR-F-191/1
FS RR-F-191/2
FS RR-F-191/3
FS RR-F-191/4
(Rev. K) Fencing, Wire and Post Metal (and
Gates, Chain-Link Fence Fabric, and
Accessories) (General Specification)
(Rev. D) Fencing, Wire and Post, Metal
(Chain-Link Fence Fabric) (Detail
Specification)
(Rev. D) Fencing, Wire and Post, Metal (Chain-Link Fence Gates) (Detail
Specification)
(Rev. D) Fencing, Wire and Post, Metal
(Chain-Link Fence Posts, Top Rails and
Braces) (Detail Specification)
(Rev. D) Fencing, Wire and Post, Metal (Chain-Link Fence Accessories) (Detail Specification)
GEOLOGICAL SOCIETY OF AMERICA (GSA)
GSA RCC-001 (1969) Geological Society of America Rock Color Chart
HYDRAULIC INSTITUTE (HI)
HI 1.1-1,5 (1994) Centrifugal Pumps
INSTITUTE OF ELECTRICAL.AND ELECTRONICS ENGINEERS (IEEE)
IEEE 100
IEEE C2
(1996) Dictionary of Electrical and Electronics Terms (ANSI/IEEE)
(1997) National Electrical Safety Code (ANSI/IEEE)
INTERNATIONAL CODE COUNCIL (ICC)
CABO All 7 .1 (1998) Accessible and Usable Buildings and Facilities
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ICC Plumbing Code (2000)International Plumbing Code (IPA)
INTERNATIONAL ELECTRICAL TESTING ASSOCIATION (NETA)
NETA ATS (1999) Electrical Power Distribution
Equipment and Systems
MANUFACTURERS STANDARDIZATION SOCIETY OF THE VALVE AND FITTINGS
INDUSTRY (MSS)
MSS SP-110
MSS SP-25
MSS SP-58
MSS SP-67
MSS SP-69
MSS SP-70
MSS SP-71
MSS SP-72
MSS SP-73
MSS SP-78
MSS_ SP-80
MSS SP-85
(1996) Ball Valves Threaded, Socket-Welding,
Solder Joint, Grooved and Flared Ends
(1998) Standard Marking System for Valves,
Fittings, Flanges and Unions
(1993) Pipe Hangers and Supports -Materials,
Design and Manufacture
(1995) Butterfly Valves
(1996) Pipe Hangers and Supports -Selection
and Application
(1998) Cast Iron Gate Valves, Flanged and
Threaded Ends
(1997) Gray Iron Swing Check Valves, Flanges
and Threaded Ends
(1999) Ball Valves with Flanged or Butt-
Welding Ends for General Service
(1991; R 1996) Brazing Joints for Copper and
Copper Alloy Pressure Fittings
{1998) Cast Iron Plug Valves, Flanged and
Threaded Ends
(1997) Bronze Gate, Globe, Angle and Check
Valves
(1994) Cast Iron Globe & Angle Valves,
Flanged and Threaded Ends
NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA)
NEMA 250
NEMA res 6
{1997) Enclosures for Electrical Equipment
(1000 Volts Maximum)
(1993) Industrial Control and Systems
Enclosures
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
NFPA 70 (1999) National Electrical Code
NFPA 90A (1999) Installation of Air Conditioning and
Ventilating Systems
NFPA 241 (1996) Safeguarding Construction,· Alteration,
and Demolition Operations
NSF INTERNATIONAL (NSF)
NSF ANSI/NSF 14 (1996) Plastics Piping Components and Related
M~terials
NSF 61 (1999) Drinking Water System Components -
Health Effects (Sections 1-9)
PLASTIC PIPE AND FITTINGS ASSOCIATION (PPFA)
PPFA-01 (1998) Plastic Pipe in Fire Resistive
Construction
PLUMBING AND DRAINAGE INSTITUTE (POI)
POI WH 201 (1992) Water Hammer Arresters
PLUMBING-HEATING-COOLING CONTRACTORS NATIONAL ASSOCIATION (NAPHCC)
NAPHCC Plumbing Code (1996) National Standard Plumbing Code
SOCIETY OF AUTOMOTIVE ENGINEERS INTERNATIONAL (SAE)
SAE J 1508 (1997) Hose Clamps
U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)
PL 93-523 (1974; Amended 1986) Safe Drinking Water Act
JOURNAL ARTICLES
Digiulio, D. and R. Varadhan. 2001. "Limitations of ROI Testing for
Venting Design: Description of an Alt_ernative Approach Based on Attainment of a Critical Pore Gas Velocity in Contaminated Media." Ground Water Monitoring and Remediation, Winter, 97-114.
Digiulio, D., R. Varadhan, and M. Brusseau. 1999. "Evaluation of Mass Flux to and from Ground Water Using a Vertical Flux Model {VFLUX): Application to the Soil Vacuum Extraction Closure Problem." Ground Water Monitoring and Remediation, Spring, 96-104.
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Appendix C to PWS
Work Breakdown Structure Remedial Action Schedule
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Appendix C
Work Breakdown Structure for Remedial Action Project Construction Schedule
Part I -General
I.I Summary
The work specified in this section consists of the preparation and maintenance of the
Project Construction Schedule through the use of a PC based Network Analysis
System. (NAS)
1.2 References
The publications listed below form a part of this specification to the extent
referenced. The publications are referred to in the text by basic designation only.
1.3 Submittals
Construction Manager review and acceptance is required for submittals with a
"CMA" designation; submittals having a "FIO" designation are for information only.
The following shall be submitted in accordance with Section 01300 SUBMITTAL
PROCEDURES:
1.3.1 Preliminary Project Schedule: CMA: Submit "X" copies of the Prelim
Project Schedule within IO calendar days after receipt of the Notice to
Proceed. (NTP)
1.3.2 Initial Schedule: CMA; Final Baseline/As-planned/Day one schedule
shall be submitted 30 calendar days after receipt of the Notice to
Proceed. (NTP)
1.3.3 Project Schedule Updates: CMA; "X" copies of each Project Schedule
update and accompanying narrative report shall be submitted within 4
working days of the Monthly progress meeting specified in this section.
1.3.4 Qualifications: CMA; "X" copies of documentation showing
qualification of the personnel preparing schedule reports shall be
submitted with the Preliminary Project Schedule.
1.4 Qualifications
The CONTRACTOR shall designate an authorized representative who shall be
responsible for the preparation of all required project schedules. This person
shall have previously created and reviewed computerized schedules.
Qualifications of this individual shall be submitted to the CONSTRUCTION
MANAGER for review with the Preliminary Project Schedule.
Part 2. -Products (Not Applicable)
Part 3. -Execution
3.1 General
Contractor's planning, scheduling and execution of the contract work shall be documented by
submission of schedule information and data specified in this section.
The work under this contract shall be planned, scheduled, and reported by the Contractor using a
cost-loaded critical path method schedule (CPM). The Contractor shall adhere to establish
technical standards for CPM scheduling using a computerized precedence diagram method.
Contractor shall provide a baseline/as-planned, day one and updated scheduled data using hard
copy and computer disk as specified by this section. The scheduling of construction shall be the
responsibility of the CONTRACTOR. Contractor management personnel shall actively
participate in the development of the schedule. Subcontractors and suppliers working on the
project should also contribute in developing and maintaining an accurate project Schedule.
The primary objectives of the project scheduling program are to plan construction activities so
they may be prosecuted in an orderly and expeditious manner, to provide optimum coordination
of contractors, to establish the basis for monitoring Contractor's progress and overall work
progress, to detect problems for the purpose of taking corrective action, to aid in evaluating time
extensions, and to provide the basis of all progress payments.
3.2 Basis for Payment
The schedule shall be the basis for measuring Contractor progress. Lack of an approved
schedule or scheduling personnel shall result in an inability of the Construction Manager to
evaluate Contractor progress for the purposes of payment. Failure of the Contractor to provide
all information, as specified below, shall result in the disapproval of the entire Project Schedule
submission and the inability of the Construction Manager to evaluate contractor progress for
payment purposes. In the case where Project Schedule revisions have been directed by the
Construction Manager and these revisions have not been included in the Project schedule, then
the Construction Manager may hold retainage up to the maximum allowed by contract, for each
payment period, until such revisions to the Project Schedule have been made.
3.3 Project Schedule
The computer software system utilized by the contractor to produce the Project Schedule shall be
capable of providing all requirements of this specification. Failure of the contractor to meet the
requirements of this specification shall result in the disapproval of the Project Schedule.
A. Use of the Critical Path Method (CPM): The Critical Path Method (CPM) of network
calculation shall be used to generate the Project Schedule. The Contractor shall
provide the Project Schedule using the Precedence Diagramming Method of CPM,
shall be plotted on a time-scaled calendar, and shall expressly identify the Contract
time, Milestones, the critical path and all activities. Activities shall be shown on their
early dates, with their total float shown. Activity relationships, whether on the same
report or separate, shall be indicated. The use of start to start, and finish to finish
relationships shall be kept to a minimum and all activities shall have a predecessor
and Successor activity. The contractor shall use a CPM scheduling software program
that is compatible with the Primavera Project Planning system (P3) to produce the
contract schedules and reports as specific herein. This software shall run on PC-
compatible equipment, be commercially available for lease or purchase, and be
capable of processing and plotting schedule data as specified in this section. The
contractor shall provide as schedule information via accepted electronic data file
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exchange fonnat. (Floppy disk or CD). E-mail data file transfers will be acceptable,
but must be followed up with hard copies of the E-mail transfer.
B. Level of Detail Required: The Project Schedule shall include an acceptable level of
detail. Failure to develop or update the Project Schedule, or provide data to the
Construction manager at an acceptable level. The owner will use, but is not limited
to the following conditions to detennine the acceptability of the level of detail used in
the Project Schedule.
l. Activity Durations: The various tasks that comprise the execution of the
project work shall be broken down into activities of such duration as will
allow the progress of each to be accurately detennined between payment
periods. In general, less than 2% of all non-procurement activities shall have
original durations greater than 20 workdays. Most generally all non-
procurement activities· should have durations of not less than 2 workdays, nor
more than IO workdays.
2. Procurement Activities: Separate activities shall be included in the Project
Schedule for procurement activities that could impact progress including, but
not limited to submittal and approvals of shopdrawings and material samples,
the procurement of critical materials and equipment, and the fabrication of
special materials and equipment's, their installation and testing.
3. Owner/Construction Manager Activities: Owner and/or Construction
Manager activities that could impact progress shall be included in the Project
Schedule. These activities include, but are not limited to: approvals,
inspections, utility tie-ins, phasing options, Owner furnished equipment.
4. Responsibility: All activities shall be identified in the project schedule with
the party responsible to perfonn the work. Responsibility includes, but is not
limited to, the subcontracting finn, contractor work force, or outside agency
perfonning a given task. Activities shall not belong to more than one
responsible party. The responsibility party for each activity shall be
identified by the Responsibility Code.
5. Work Areas: All activities shall be identified in the Project Schedule by the
work area in which the activity occurs. Activities shall not b·e allowed to
cover more than one work area. The work area of each activity shall be
identified by the Work area Code.
6. Modification or Change Number: Any activity that is added or changed by a
Change Order shall be identified by a RFP or Change Order code that
changed, added, or modified the activity.
7. Type of Work: All activities shall be identified in the project schedule
according to the type of work that best describes the activity. These could be
but not limited to submittals, approvals, Fabricate/Delivery, trade categories,
startup, testing.
C. Scheduled Project Completion: The schedule interval shall extend from NTP to the
contract completion date.
D. Project Start Date: The schedule start date shall be no earlier than the date on which
NTP is issued. This will be Day One. The project schedule shall include as the first
activity one entitled "Project Start -NTP DDMMYY"
E. Contractual Completion Date: The Project schedule shall include as the last activity
in the project an activity entitled "Contractual Completion Date -DDMMYY"
-------------------------------------------
3.4 Schedule Submittal
The initial schedule submittal and with each update of the Construction schedule shall
consist of the following schedule reports listed below. The schedule reports shall contain,
for each activity: Activity number, Activity description, original duration, remaining
duration, early start and finish dates, late start and finish dates, total float. (Budget$$ if
required) Actual start and finish dates shall be recorded and printed for those activities in
progress or completed.
I. Activity Report: A list of all activities sorted in ascending order according to
activity number.
2. Logic Report: A list of preceding and succeeding activities for every activity
in ascending order by activity number.
3. Total Float Report: A list of all activities sorted in ascending order of total
float, then by Early Start dates.
4. Data Disks: Three (3) sets of data disks containing the Project Schedule shall
be provided. Data on the disks shall be in the format specified herein.
a. File Medium: Required data shall be submitted on a 3.5 inch
disk, formatted to hold 1.44MB of data, or on a CD-ROM
formatted to be read on any CD-ROM drive.
b. File Format: Required data files shall be in a format that meets
one of the following criteria:
1. A data format fully compatible with the Primavera Project
Planner (P3) ver 3.0 by Primavera Systems, Inc
ii. A data format that can be directly imported into P3.
111. Any PC-compatible based format, provided that the
Contractor supplies the Construction Manager with a
licensed copy of the NAS software required to read,
evaluate, and manipulate the schedule data, and complete
with user's manuals.
iv. Disk Label: A permanent exterior label shall be affixed to
each disk submitted. The label shall indicate the type of
schedule (Initial, Update, Revision, or change), the contract
number, project name, project location, data date, submittal
date, name and telephone of number of person responsible
for the schedule.
v. File name: Each file submitted shall have a name related to
either the schedule data date, project name, or contract
number. The contractor shall develop a naming convention
that will insure that the names of the files submitted are
unique.
All submitted schedule reports shall be plotted on a time-scaled calendar, and shall expressly
identify the critical path of the project.
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3.5 Construction Managers Review and Acceptance
The Construction Manager will review all schedules submittals and return the submittal to
the Contractor as either "Revise or Resubmit", or "No exceptions Taken". If a resubmittal is
required, the contractor shall revise the schedule and resubmit for review. lfthe schedule
submittal is not acceptable to the Owner, the schedule shall be revised and resubmitted as
many times, as necessary until the schedule is acceptable to the owner. Acceptance of the
schedule will not be arbitrarily or unreasonably withheld.
The Construction Managers review and comments will be for conformance with the Contract
Time and those sequences of work indicated in or required by the Contract Documents, to
record early and late dates for Milestones, and for conformance with requirements of this
Section and other information that may be deemed appropriate. The Construction Managers
review will also be for reasonableness and consi_stency in the cost loading of the schedule
activities. The Construction Managers review shall not extend to the Contractor's means,
methods, or techniques, which shall remain the sole responsibility of the Contractor.
3.6 Schedule Update
The Project schedule is the basis for the monitoring of the Contractor's progress against
milestones and contract time, and the evaluation and reconciliation of extensions in contract
time, if any.
The Project Schedule will be submitted by the contractor every month. The update shall
incorporate actual data that records when work was performed during the update period.
Each schedule update prepared by the contractor will include the following:
A. Current Status of each activity
B. Remaining duration of each activity.
C. Actual start and finish date for each activity in progress or completed.
D. Estimated start of activities, new sequencing of work, or proposed changes in
logic or duration for activities in the future with an accompanying reasoning
for the change.
A schedule narrative accompanying each monthly schedule update shall provide
sufficient detail to allow verification of the progress of the work, identify the assumptions
made in incorporating work related to change orders, describe actual or potential delays,
including causes and the steps taken to mitigate their impact.
3.7 Schedule Recovery
If at any time the contractor's work is behind schedule, the contractor shall promptly
submit a written recovery plan to the Construction Manager describing the cause _of the
schedule slippage, and the actions planned by the Contractor to recover the schedule.
The contractor shall promptly undertake appropriate action at no additional cost to the
Owner to recover the schedule by whatever means necessary. The Construction Manager
may require the Contractor in its recovery actions to include, but not limited to,
assignment of additional labor, subcontractors, equipment, shift or overtime work,
expediting of submittal or deliveries, or any combination of these. Overlapping or
resequencing of activities to increase activity concurrence shall appropriate only if
properly documented in the recovery plan submittal. Recovery plans that require a change in the baseline/as-planned schedule must be properly substantiated in the recovery plan submittal.
The contractor's refusal, failure or neglect to take appropriate recovery action to correct
schedule delays or to submit a written schedule recovery statement shall constitute reasonable evidence that the contractor is not prosecuting the Work, or separable part, with the diligence that will insure its completion with the allowed Contract time. Such
lack of action shall constitute sufficient basis for the Construction Manager to recommend the withholding of some or all of any payment due the contractor.
3.8 Schedule Revisions
A schedule revision is submitted when recovery plans require a change in the baseline/as-
planned schedule, when the contractor's schedule is no longer useful as a status and control mechanism as determined by the Construction Manager, or when a change order impacts the contractor's timing and sequence of the work. Contract time, including all contractual milestones, cannot be changed without a formal change order approved by the Owner.
Schedule revisions shall accurately represent all changes and adjustments in the sequencing and timing of work remaining. The schedule revisions shall incorporate all changes that have been agreed upon in change orders since the last revision.
All schedule revisions must be coordinated and approved by the Construction Manager. Scheduling of changes is the responsibility of the contractor.· The contractor shall identify all changes arising from a change order and submit the revised contractor's
construction schedule to the Construction Manager for review.
Each contract schedule revision shall be assigned a revision number, starting with "Rev O" on the contract schedule for the Work as awarded. Resubmittals shall use the same revision number followed by the letters "A", "B" as applicable.
3.9 Use of Float
Total float is the number of days by which a part of the.Work in the Construction schedule
can be delayed without extending the Contract time. Contract Float is the number of days
between the contractors anticipated date for early completion of the work and the
corresponding Contract time. Total float and contract float belongs to the project and is not for the exclusive benefit of any party. They shall be available to the owner, the engineer,
their consultants, the contractor, to accommodate changes in the work, or to mitigate the effect of events that may delay performance or completion. The Construction Manager will
monitor and optimize the use of float for the benefit of the project.
3.10 Early Completion
An early completion schedule is one that anticipates the completion of the work ahead of the corresponding contract time. Since float belongs to the project, the contractor shall not be entitled to any extension in contract time, or recovery for any delay incurred because of extensions in an early completion date, until all contract float is used or consumed and
performance or completion of the work extends beyond the corresponding contract time.
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3.11 Periodic Progress Meetings
Progress meetings to discuss payment shall be conducted on-site on a monthly basis or at other
regular intervals mutually agreed to at the preconstruction conference. During this meeting, the
contractor will describe, on an activity-by-activity basis, all proposed revisions and adjustments
to the Project Schedule required to reflect the current status of the project. The Construction
Manager will approve activity progress, proposed revisions, and adjustments as necessary.
l. Meeting Attendance: At a minimum_ the Contractors Project manager and the person
responsible for the Project schedule will attend the regular progress meeting.
2. Update Submission Following Progress Meeting: A complete update of the Project
Schedule containing all approved progress, revisions, and adjustments, based on the
regular progress meeting, shall be submitted not later than 3 working days after the
monthly progress meeting.
3.11 Reguests for Time Extensions
. In the event the Contractor requests an extension of the Contract completion date, he shall furnish
such justification, project schedule data and all other supporting evidence as the Construction
Manager may deem necessary for a determination as to whether or not the Contractor is entitled
to an extension of time under the provisions of the contract. Submission of the proof of delay,
based on revised activity logic, activity duration, and costs (updated to the specific date that the
delay occurred) is obligatory to any approvals.
A. Justification of Delay: The Project schedule must clearly display that the Contractor
has used, in full, all float time available for the work involved with the request. The
Construction Managers determination as to the number of allowable days of contract
extension shall be based upon the Project schedule updates in effect for the time
period in question and other factual information. Actual delays that are found to be
caused by the Contractors own actions, that result in the extension of the schedule,
shall not be a cause for a time extension to the contract completion date.
B. Submission Requirements: The Contractor shall submit a justification for each
request for a change in the contract completion date based upon the most recent
schedule update at the time of the NTP or constructive direction issued for the
change. Such a request shall be in accordance with the requirements of other .
appropriate Contract Clauses and shall include, as a minimum:
I. A list of affected activities, with their associated project schedule
activity number.
2. A brief explanation of the causes of the change.
3. An analysis of the overall impact of the changes proposed
4. A fragnet of the impacted area of the Project Schedule.
Activities impacted in each justification for a change shall be identified by a unique
activity code contained in the required data file.
C. Unusually Severe Weather: In any given month where the actual number of adverse
weather delay days exceeds the anticipated number of adverse weather delay days
appropriate changes shall be made to the affected activities in the schedule.
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Appendix D to PWS
Numerical Example of Table 3-2 Showing Fee Structure
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I Note: This example assumes a Subcontract cost of$1,000,000 [$10,000-Milestone 1; $120,000-Milestone 2; $80,000-Milestone 3; $210,000-Milestone 4; $10,000-Milestone 5; $10,000-Milestone 6; $560,000-Other Costs;
$10,000 -Change Orders], exclusive of fees; this value is for illustration purposes only and should not be considered a "target" price. This subcontract includes a base fee of'~¾ ($17,600), an award fee of 8% ($35,200) for I Performance Milestones, and an additional award fee of 0.5% ($5,000) associated with change order costs. 1
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Payment
Milestone
I. Acceptance of
Preliminary Planning
Documents
2. Soil Cleanup
Confirmation
Sampling and
Acceptance of Final
Planning Documents
Payment
1%ofLump
Sum+ Base
fee+ Award
fee
Lump sum=
$10,000
Base fee=
$400
Award fee=
$800
12% of Lump
Sum+ Base
fee+ Award
fee
Lump sum=
$120,000
Base fee=
$4,800
Award fee=
$9,600
Task Deliverable
-Prepare preliminary -Shoring system design
planning documents -Remedial Action Work
Plan
(Bid Item No. 2) -Site Management Plan
-Site preparation -Daily Quality Control
activities Reports
-Collect and analyze -Shoring system design
confirmation samples -• Revised Remedial
-Collect and analyze Action Work Plan
worst-case TCLP
samples
-Professional Engineer
design of shoring system
-Prepare final planning
documents
(Bid Item Nos. 5 through
12)
Appendix D Table 3-2
Performance-Based Contracting Summary Table -Example Fee Calculations
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North Carolina I
Area Exceeds Performance Meets Performance Does Not Meet / Incentives/ Surveillance Surveillance
Standards Standards Performance Standards Disincentives Measure
'
Schedule Deliverables are submitted 7 or Deliverables are submitted on or Deliverables are submitted after -No bJe fee or award fee will be Check actual 100% inspection
more calendar days ahead of less than 7 days before due date. due date. paid for;••does not meet" submission date of deliverables
(40%ofbase schedule. perfomta.nce standards for this against
and award (/00%ofbasefee or $160; and (Loss of base fee [$0 awarded] mileston'C. requirement.
fees) (100% of base fee or $160; and 50% of award fee or $ I 60) and award fee {$0 awarded]) -100% ~fbase fee and 25% of
/00% of award fee or $320) award f~ for .. meets" performance
standards.
-I 00% hfboth the base fee and
award fJe for .. exceeds"
I performpice standards.
Deliverables are technically sound, Deliverables contain technical i Check quality of I 00% inspection Quality Deliverables adhere to all contract -Subco~tractor shall perform re-
requirements, draft documents are draft documents require only errors/ omissions, or do not follow work at ho additional cost to deliverables of deliverables
(60%ofbase technically sound and require only revisions that don't alter technical prescribed formats and final Contrador until the quality meets against
and award minimal changes, and final quality or approach, and final documents require complete re-the perfJrmance requirements; no performance
fees) documents are approved/ accepted documents require minimal submission. base fee'.or award fee will be paid requirements in
with no changes. changes and only small portions of for "doe~ not meet" performance PWS.
the document require re-(Rework is performed at no cost to standards for this milestone.
(/00%ofbasefee or $240; and submission. Contractor; loss of base fee [$0 -100% bf base fee and 25% of ' I 00% of award fee or $480) awarded} and award fee {$0 award ft:;e for .. meets" performance
(I00%ofbasefee or $240; and awarded]) standards.
50% of award fee or $240) -100% bf both the base fee and
award fk for "exceeds"
perfo~ce standards.
Schedule -Acceptable performance -Acceptable performance Acceptable performance -No bak fee or award fee will be Check date of 100% inspection
demonstration 10 percent ahead of demonstration on or less than I 0 demonstration does not meet paid for t•does not meet" acceptable (Contractor's
(50%ofbase schedule or more for the sampling percent ahead of schedule for the schedule. performaflce standards for this performance Resident Engineer
and award and final RA WP component. sampling and final RA WP -Greater than 5 percent of Daily mileston~. demonstration onsite) and 100%
fees) -85 percent of Daily Quality component. Quality Control Reports for this -100% Of base fee and 25% of against inspection of
Control Reports for this milestone -95 percent of Daily Quality milestone are submitted more than award f~ for "meets" performance requirement. deliverables.
are submitted at the end of each Control Reports for this milestone 2 days after the report date. standards.
work day. are submitted within 2 days. -100% of both the base fee and
(Loss of base fee [$0 awarded J award fee for "exceeds"
(/00%ofbasefee or $2,400; and and award fee [$0 awarded]) perfomtallce standards.
100% of award fee or $4,800) (/00%ofbasefee or $2,400; and '
50% of award fee or $2,400)
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Payment
Milestone
3. Soil Excavation to
13 feet bis
..
Payment Task Deliverable
8%of Lump -Soil retention system -Daily Quality Control
Sum+ Base installation Reports
fee+ Award -Soil excavation to 13
fee feet bis
-Stockpile excavated
Lump sum= soils
$80,000
(Bid Item Nos. 13 and
Base fee= 14)
$3,200
Award fee=
$6,400
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Appendix D Table 3-2
Performance-Based Contracting Summary Table -Example Fee Calculations
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North-Carolina '
Area Exceeds Performance Meets Performance Does Not Meet
Standards Standards Performance Standards
Quality Performance demonstration meets Performance demonstration meets Sampling work does not meet
work plan requirements; activities work plan requirements; activities work plan objectives without
(50%ofbase are conducted safely and in are conducted safely and in additional effort or performance
and award accordance with approved accordance with approved demonstration does not meet work
fees) planning documents; changes are planning documents; sampling plan requirements or health and
documented and approved well in strategy adequately characterizes safety violations are committed
advance; innovative solutions are contamination without additional during performance of work or the
used to address potential field sampling; and the RA WP is RA WP requires major revisions.
problems in order to meet project accepted with minor revisions.
objectives; sampling strategy (Modifications are pe,fonned at
adequately characterizes (100% of base fee or $2,400; and no cost to Contractor; loss of base
contamination without additional 50% of award fee or $2,400) fee {$0 awarded] and award fee
sampling; and the RA WP is {$0 awarded})
accepted without revisions.
(100% of base fee or $2,400; and
l00%ofawardfee or $4,800)
Schedule -Acceptable perfonnance -Acceptable performance -Acceptable performance
demonstration for the soil removal demonstration for the soil removal demonstration for the soil removal
(40%ofbase for this milestone exceeds the for this milestone meets the does not meet the completion date
and award completion due date goals by I 0 completion date goals or is less goals.
fees) percent or more. than IO percent ahead of schedule. -Greater than 5 percent of Daily
-85 percent of Daily Quality -95 percent of Daily Quality Quality Control Reports for this
Control Reports for this milestone Control Reports for this milestone milestone are submitted more than
are submitted at the end of each are submitted within 2 days. 2 days after the report date.
workday.
(J00%ofbasefee or $1,280; and (loss of base fee {$0 awarded]
(100% of base fee or $1,280; and 50%of award fee or $1,280) and award fee {$0 awarded})
100% of award fee or $2,560)
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f -
I ' Incentives/ Surveillance Surveillance
Disincentives Measure
' i Check quality of I 00% inspection
-Subco~tractor shall perform re-
work at no additional cost to work and (Contractor's
' Contractpr until the quality meets deliverables Resident Engineer
the perfOrmance requirements; no against work plan onsite) and 100%
base fee ~r award fee will be paid requirements and inspection of
I PWS. deliverables. for "does not meet" performance
standards for this milestone.
-100% of base fee and 25% of
award fee for "meets" performance
standards.
-I 00% of both the base fee and
award f~ for "exceeds"
perfonnance standards.
!
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-No basb fee or award fee wil1 be Check removal I 00% inspection
paid for !•does not meet" activity dates (Contractor's
perfo11t1"1}ce standards for this against established Resident Engineer
milestone. completion dates. onsite) and I 00%
-100% 0fbase fee and 25% of inspection of
award fee for "meets" perfonnance deliverables.
standards.
-100% df both the base fee and
award fCC for "exceeds"
perfo~nce standards.
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Payment
Milestone
4. Soil Excavation
from 13 to 26 feet
bis
Payment
2l%of Lump
Sum+ Base
fee+ Award
fee
Lump sum=
$210,000
Base fee=
$8,400
Award fee-
$16,800
Task Deliverable
-Soil retention system -Daily Quality Control
installation (if possible Reports
to completed in -EPA Progress Report
Milestone 3)
-Soil excavation from
13 to 26 feet bis
-Soil dewatering (if
necessary)
-Stockpile excavated
soils
-Conduct TCLP
analyses on stockpiled
soils
-Backfill and compact
excavation areas
(Bid Item Nos. 13, 15,
16,and 19)
Appendix D Table 3-2
Performance-Based Contracting Summary Table -Example Fee Calculations
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
. Ram Leather Care Site,.«;:harlotte, North Carolina
Area Exceeds Performance Meets Performance Does Not Meet
Standards Standards Performance Standards
Quality The soil removal activities as The soil removal activities as The soil removal activities do not
implemented meet or exceed the implemented meet the work plan meet the work plan objectives
(60%ofbase work plan requirements; activities requirements with minor fine without additional effort or
and award are conducted safely and in tuning; activities are conducted operational criteria are not met or
fees) accordance with approved safely and in accordance with health and safety violations are
planning documents; changes are approved planning documents. committed during performance of
documented and approved well in work.
advance; innovative solutions are (IOO%ofbase Jee or $1,920; and
used to address potential field 50%of award fee or $1,920) (Modifications are pe,fonned at
problems in order to meet project no cost to Contractor; loss of base
objectives; an innovative solution Jee {$0 awarded] and award Jee
is used to minimize excavation [$0 awarded])
dewatering (if necessary).
(100% of base fee or $1,920; and
100% of award fee or $3,840)
Schedule -Acceptable performance -Acceptable performance -Acceptable performance
demonstration for the soil removal demonstration for the soil removal demonstration for the soil removal
(40%ofbase for this milestone exceeds the for this milestone meets the does not meet the completion date
and award completion due date goals by I 0 completion date goals or is less goals.
fees) percent or more. than IO percent ahead of schedule. -Greater than 5 percent of Daily
-85 percent of Daily Quality -95 percent of Daily Quality Quality Control Reports for this
Control Reports for this milestone Control Reports for this milestone milestone are submitted more than
are submitted at the end of each are submitted within 2 days. 2 days after the report date.
workday.
(/00%ofbasefee or $3,360; and (Loss of base fee {$0 awarded]
(/00% of base Jee or $3,360; and 50%ofawardfee or $3,360) and award fee {$0 awarded])
100% of award fee or $6,720)
-.... _---, -
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' ' '
· ~ncentives/ Surveillance Surveillance
Disincentives Measure
-Subco~tractor shall perform re-Check quality of I 00% inspection
work at do additional cost to work and (Contractor's
Contracthr until the quality meets deliverables Resident Engineer
the perfcfmance requirements; no against work plan onsite) and I 00%
base fee or award fee will be paid requirements and inspection of
for "doeS not meet" performance PWS. deliverables.
standard~ for this milestone.
-I 00% cifbase fee and 25% of
award fee for "meets" performance
standards.
-l00% of both the base fee and
award reb for "exceeds"
performance standards.
!
-No basb fee or award fee will be Check removal I 00% inspection
paid for {does not meet" activity dates (Contractor's
performance standards for this against established Resident Engineer
milestonC. -completion dates. onsite) and I 00%
-I 00% Of base fee and 25¾ of inspection of
I deliverables. award fee for "meets" performance
standard$.
-l00% o'fboth the base fee and
award feC for "exceeds"
' performarice standards.
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Payment
Milestone
5. Site Restoration
Payment
l¾of Lump
Sum+ Base
fee+ Award
fee
Lump sum=
$10,000
Base fee=
$400
Award fee=
$800
Task Deliverable
-Regrade area and apply -Daily Quality Control
seed and mulch Reports
-Restore all areas to pre-= -Quarterly O&M
excavation conditions Progress Reports
-Remove trash and -Successful site
debris inspection upon
-Quarterly site completion
inspections for I year
-Conduct corrective
actions until site
vegetation is
reestablished
(Bid Item Nos. 20 and
23)
Appendix D Table 3-2 I
Performance-Based Contracting Summary Table -Example Fee Calculations
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North Carolina
Area Exceeds Performance Meets Performance Does Not Meet Incentives/ Surveillance Surveillance
Standards Standards Performance Standards Disincentives Measure
Quality The soil removal activities as The soil removal activities as The soil removaJ activities do not -Subcon~tor shall perform re-Check quality of I 00% inspection
implemented meet or exceed the implemented meet the work plan meet the work plan objectives work at rio additional cost to work and (Contractor's
(60%ofbase work plan requirements; activities requirements with minor fine without additional effort or Contract~r until the quality meets deliverables Resident Engineer
and award are conducted safely and in tuning; activities are conducted operational criteria are not met or the perfoTTnailce requirements; no against work plan onsite) and I 00%
fees) accordance with approved safely and in accordance with health and safety violations are base fee or award fee will be paid requirements and inspection of
planning documents; changes are approved planning documents. committed during perfonnance of for "does not meet" performance PWS. deliverables.
documented and approved well in work. standardS for this milestone.
advance; innovative solutions are (/00%ofbasefee or $5,040; and -100% of base fee and 25% of
used to address potential field 50% of award fee or $5,040) (Modifications are performed at award fee for "meets" performance
problems in order to meet project no cost to Contractor; loss of base standards.
objectives; an innovative solution fee {$0 awarded] and award Jee -100% of both the base fee and
is used to minimize excavation ($0 awarded]) award fee for "exceeds"
dewatering (if necessary). perfo~ce standards.A
(/00%of base fee or $5,040; and
100% of award fee or $10,080)
Schedule -Acceptable performance -Acceptable performance -Acceptable performance -No base fee or award fee will be Check completion I 00% inspection
demonstration for the site demonstration for the site demonstration for the site paid for ,idoes not meet" dates against of deliverables and
(50%ofbase restoration exceeds the completion restoration meets the completion restoration does not meet the perform~ce standards for this requirements. site.
and award due date goals by 20 percent or date goals or is less than 20 completion date goals. milestone.
fees) more. percent ahead of schedule. -The site inspection exceeds the -100% of base fee and 15% of
-The site inspection meets the -The site inspection exceeds the completion due date goal by more award fee for "meets" performance
completion due date goal by less completion due date goal by less than two days. standardi
than two days. than two days. -Greater than 5 percent of Daily -100% of both the base fee and
-85 percent of Daily Quality -95 percent of Daily Quality Quality Control Reports for this award fe~ for .. exceeds"
Control Reports for this milestone Control Reports for this milestone milestone are submitted more than performance standards.
are submitted at the end of each are submitted within 2 days. 2 days after the report date.
work day. -The Quarterly O&M Progress -The Quarterly EPA Progress
-The Quarterly O&M Progress Reports are submitted within two Reports are submitted more than
Reports are submitted within one weeks after the quarterly site two weeks after the quarterly site
' week after the quarterly site activities are completed. activities are completed.
activities are completed.
( I 00% of base Jee or $200; and (loss of base Jee [$0 awarded] I
(100%ofbasefee or $200; and 50% of award fee or $200) and award fee {$0 awarded])
I00%of awardfeeor $400)
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Payment
Milestone
6. Acceptance of
Remedial Action
Report
Payment Task Deliverable
1%of Lump -Prepare Remedial -Remedial Action Report
Sum+ Base Action Report
fee+ Award
fee (Bid Item No. 22)a
Lump sum=
$10,000
Base fee=
$400
Award fee=
$800
Appendix D Table 3-2
Performance-Based Contracting Summary Table -Example Fee Calculations
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North Carolina
Area Exceeds Performance Meets Performance Does Not Meet
Standards Standards Performance Standards
Quality -Site restoration is completed with -Site restoration is completed with -Site restoration is not completed
no punchlist items. very minor punchlist items that are and/or there are significant
(50%ofbase -No signs of building settling or addressed within schedule. punchlist items to be addressed.
and award soil subsidence. -No signs of building settling and -Signs of building settling and/or
fees) -Effective vegetation minimal soil subsidence. significant soil subsidence.
reestablishment such that no -Effective vegetation -Vegetation reestablishment
corrective actions are necessary. reestablishment such that minimal requires major corrective actions.
corrective actions are necessary.
(100%ofbasefee or $200; and (Rework is performed at no cost to
/00% of award fee or $400) (100%of base fee or $200; ond Contractor; loss of base fee $0
50% of award Jee or $200) awarded] and award fee [$0
awarded])
Schedule Deliverables are submitted 7 or Deliverables are submitted on or Deliverables are submitted after
more calendar days ahead of less than 7 days before due date. due date.
(50%ofbase schedule.
and award (100% of base Jee or $200; and (loss of base Jee [$0 awarded]
fees) (100%of basefee or $200; and 50% of oward fee or $200) and award Jee [$0 awarded])
100%ofawardfee or $400)
Quality Deliverables adhere to all contract Deliverables are technically sound, Deliverables contain technical
requirements, draft documents are draft documents require only errors/ omissions, or do not follow
(50%ofbase technically sound and require only revisions that don't alter technical prescribed fonnats and final
and award minimal changes, and final quality or approach, and final documents require complete re-
fees) documents are approved/ accepted documents require minimal submission.
with no changes. changes and only small portions of
the document require re-(Rework is performed at no cost to
(100% of base Jee or $200; and submission. Contractor; loss of base fee [$0
/00% of award Jee or $400) awarded] and award Jee [$0
(/00%ofbasefee or $200; and awarded])
50% of award Jee or $200)
' I I
'
Incentives/ Surveillance Surveillance
Disincentives Measure
-Subcontractor shall perform re-Check quality l 00% inspection
work at rio additional cost to against of deliverables and
' Contractor until the quality meets performance site
the perfotniance requirements; no requirements in
base fee will be paid for "does not PWS.
meet" pei-fonnance standards for
this milestone.
-50% of award fee for "meets"
performance standards; I 00% of
award feC for "exceeds"
performance standards.
-Subcontractor shall perform re-Check for signs of I 00% inspection
work at rio additional cost to building settling of deliverables and
Contract0r until the quality meets and soil subsidence inspections at site
the perfo:mance requirements; no and quality of and/or inspection
base fee Or award fee will be paid reestablished of site photos
for "does not meet" performance vegetation. takes at each
standards for this milestone. quarterly O&M
-100% o'rbase fee and 15% of event.
award fee for "meets" performance
standards.
- I 00% of both the base fee and
award ref for "exceeds"
performance standards.
-Subcontractor shall perform re-Check quality of I 00% inspection
work at no additional cost to deliverables of deliverables
Contractor until the quality meets against
the performance requirements; no performance
base fee Or award fee will be paid requirements in
for "does not meet" performance PWS.
standards for this milestone.
-100% of base fee and 15% of
award fee for "meets" performance
standards.
- I 00% of both the base fee and
award fee for "exceeds"
perfonnance standards.
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Payment
Milestone
Change Orders
..... ~.-
.-·=
Payment Task Deliverable
0.5% Award -Submittal of Change -Change Orders
Fee Orders -Final Invoice
Award fee-
$5,000
' Appendix D Table 3-2 I I
Performance-Based Contracting Summary-Table -Example Fee Calculations I
i
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract '
Ram Leather Care Site, Charlotte, North Carolina '
I Surveillance Area Exceeds Performance Meets Performance Does Not Meet 'Incentives/ Surveillance
!
Standards Standards Performance Standards Disincentives Measure
Cost No change orders are submitted by The cost of change orders The cost of change orders -No award fee will be paid for Check final I 00% inspection
Subcontractor unless in response submitted by Subcontractor and submitted by Subcontractor and .. does not meet" performance invoice against of invoice and
(/00%of to changes requested by the Client approved by Contractor approved by Contractor standards' for this milestone. original project supporting change
award fee) or Contractor. Additionally, ( excluding those requested by (excluding those requested by -40 to 80% of award fee for cost. order cost data
change orders in response to Client or Contractor, or in Client or Contractor, or in .. meets" performance standards;
modifications in soil excavation response to soil excavation response to soil excavation 100% of award fee for "exceeds"
volume are excluded from volwne modifications) is less than volume modifications) is greater performance standards.
performance standard assessment or equal to 3% of the original than 3% of the original project
project cost (exclusive of fee). cost ( exclusive of fee).
( I 00% of award fee or $5,000)
(40% of award fee for change loss of award fee ($0 awarded)
orders between > 2% and :S,3% of
original project cost or $2,000;
60% of award fee for change
orders between > 1% and S,2% of
original project cost or $3,000;
80% of award fee for change
orders .=s,1% of original project
cost or $4,000)
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Attachment B
Subcontract Sum and Terms of Payment
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ATTACHMENT B
SUBCONTRACT SUM AND TERMS OF PAYMENT
FOR
LUMP SUM WITH UNIT ADJUSTMENT PRICES PLUS
PERFORMANCE FEE SUBCONTRACT
General. Contractor shall pay the Subcontractor on a lump sum with unit adjustment
prices plus Performance Fee basis for performing the Work as provided herein. The
initial lump swp. will be determined as indicated in Table B-1. The final lump sum price
will be determined using unit price adjustments specified in Paragraph 6 of the Proposal
Form. The Performance Fee will include a Base Fee pool and an Award Fee pool that
will be established at 4 percent and 8 percent, respectively, of the final lump sum price
for the payment milestones shown in Table B-2 after application of unit adjustment
. ' ' prices. The Base Fee pool and Award Fee pool that are established for payment
milestone items of Work shall not be transferable to other line items of Work. Payment
of the lump sum for each item of Work specified in Table B-1, as adjusted using the
applicable unit adjustment prices, the Proposal Form will be made if the Work is
satisfactorily completed in accordance with the Subcontract Documents. Payment of all
or a portion of the Performance Fee will be made if the Work is satisfactorily completed
in accordance with the Subcontract Documents and the Work meets or exceeds the
performance standards established by Contractor as specified in Table B-2. . A
Disincentive Fee (Loss of Base Fee) may be assessed against Subcontractor if the Work
does not meet the performance standards as specified in Table B-2. In addition, an award
Fee pool will be available for payment to the Subcontractor depending upon the dollar
amount of Subcontractor initiated change orders. The Award Fee pool will be established
at 0.5 percent of the final lump sum price, as adjusted using the applicable unit
adjustment prices.
The following standards have been established to determine whether the Subcontractor is
entitled to any portion of the Base Fee Pool and Award Fee Pool: "Exceeds Performance
Standards", Meets Performance Standards", and "Does Not Meet Performance
Standards".
The lump sum portion of the Work is specified in Table B-1 and the base fee pool, and
the award fee pool are specified in Table B-2, which are incorporated into the
Subcontract Documents and included as part of this Attachment B. The performance
standards for the allocation of Base Fee and Award Fee are specified in Table B-2 and
Attachment A (Performance Work Statement) of the Subcontract Documents. The
performance standards for assessment of the Disincentive Fee are also specified in Table
B-2.
Lump Sum Work. Subcontractor shall be compensated the lump sum portion of the Work
if the Work is completed in accordance with the Subcontract Documents. It shall be paid
at completion of each payment milestone. ·
B-1
Base Fee. Subcontractor may be compensated a Base Fee for satisfactory performance of the Work. The Base Fee is a fixed amount that shall be paid to the Subcontractor for
work specified in each milestone shown on Table B-1 after the Work is satisfactorily
completed and the Contractor determines the Work meets or exceeds the performance
standards established in the Subcontract Documents. The Base Fee will not vary with Subcontractor's performance provided the Work is satisfactorily completed and meets or exceeds the performance standards established in the Subcontract Documents. If the Contractor determines that the Work specified in a line item of the Proposal Form has not
been satisfactorily completed or the Work does not meet the performance standards
established in the Subcontract Documents, Subcontractor shall not be compensated a
Base Fee for that portion of the Work. Base Fee shall be paid at the completion of the
project.
The Contractor, in its sole discretion, shall determine whether the Work has been
satisfactorily .completed and meets or exceeds the performance standards specified in the
Subcontract Documents. Contractor's decision on this issue is final and is not subject to
the Disputes Clause or the Claims Clause of these Subcontract Documents.
Award Fee. Subcontractor may be compensated an Award Fee for Work that Contractor
determines is completed in accordance with the Subcontract Documents and "Meets
Performance Standards" or "Exceeds Performance Standards". The Award Fee will vary
with Subcontractor's performance, depending upon the schedule of completion of the
Work and the quality of the Work. The amount of Award Fee that will be paid to Subcontractor for "Meets Performance Standards" and "Exceeds Performance Standards"
is specified in Table 8-2. Subcontractor shall not be entitled to payment from the Award
Fee Pool if Contractor determines that the Work does not meet the "Exceeds Performance
Standards" or Meets Performance Standards." Award Fee shall be paid at the completion
of the project.
Subcontractor may be compensated an Award Fee if the Work is satisfactorily completed in accordance with the Subcontract Documents and Subcontractor has initiated change
orders that are less than or equal to 3 percent of Subcontractor's total Proposed Price.
The amount of Award Fee that will be paid to Subcontractor for "Meets Performance
Standards" and "Exceeds Performance Standards" is specified in Table 8-2. It shall be
paid at the completion of the project.
The Contractor, in its sole discretion, shall determine whether the Work has been
satisfactorily completed in accordance with the Subcontract Documents and meets or exceeds the performance standards for payment of the Award Fee. Contractor's decision on this issue is final and is not subject to the Disputes Clause or the Claims Clause of
these Subcontract Documents.
Disincentive Fee. If the Work is not satisfactorily completed in accordance with the
Subcontract Documents or does not meet or exceed the performance standards specified
in the Subcontract Documents, Subcontractor will be assessed a Disincentive Fee equal to
the amount of the Base Fee. The standards for assessing the Disincentive Fee are
B-2
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specified in Table B-2. Disincentive Fees shall be assessed at the completion of the
project.
The Contractor, in its sole discretion, shall determine whether the Work has been
satisfactorily completed in accordance with the Subcontract Documents and whether the
work meets or exceeds the performance standards specified in the Subcontract
Documents. Contractor's decision on this issue is final and is not subject to the Disputes
Clause or the Claims Clause of these Subcontract Documents.
Invoicing. Subcontractor will invoice in strict accordance with the Subcontract Documents
and will not be reimbursed for any other costs wtless otherwise agreed to in writing by
Contractor. Payments shall be made when Contractor and Owner have determined that the
performance standards outlined below are achieved. Payment of the lump sum for each
Payment Milestone of Work in Table B-1 will be made in accordance with the
Subcontract documents. Payment of the base and award feed for each Payment
Milestone of Work in Table B-2 will be made after the Work for the entire project has
been completed and Contractor has accepted the Work. The payments are as follows:
Payment Milestone 1 ($ ) of the Subcontract Sum will
be paid when the preliminary planning documents have been approved by Contractor and
EPA. This milestone shall be completed as specified in the Performance Work
Statement, provided as Attachment A to the Subcontract Agreement and Table B-1.
Additionally, any base fees and award fees earned, or disincentive fees that are assessed
per Table B-2 will be paid when the project is completed and ready for final payment.
Payment Milestone 2 ($ ) of the Subcontract Sum will be
paid upon completion of the tasks associated with this milestone, including confirmation
sampling, engineering design, and approval of the revised remedial action work plan.
This milestone shall be completed as specified in the Performance Work Statement,
provided as Attachment A to the Subcontract Agreement and Table B-1. Additionally,
any base fees and award fees earned, or disincentive fees that are assessed per Table B-2
will be paid when the project is completed and ready for final payment.
Payment Milestone 3 ($ ) of the Subcontract Sum will be paid upon
completion of the tasks associated with this milestone, including soil excavation to 13
feet bis. If the shoring system installation is not completed under this milestone, due to
shoring system design, the task will be paid upon installation of the shoring system under
payment Milestone 4. This milestone shall be completed as specified in the Performance
Work Statement, provided as Attachment A to the Subcontract Agreement and Table B-1.
Additionally, any base fees and award fees earned, or disincentive fees that are assessed
per Table B-2 will be paid when the project is completed and ready for final payment.
Payment Milestone 4 ($ ) of the Subcontract Sum will
be paid upon completion of the tasks associated with this milestone, including soil
excavation from 13 to 26 feet bis. If the shoring system installation was completed under
Milestone 3, no payment will be made for this task under Milestone 4. This milestone
B-3
shall be completed as specified in the Performance Work Statement, provided as Attachment A to the Subcontract Agrl!ement and Table B-1. Additionally, any base fees and award fees earned, or disincentive fees that are assessed per Table B-2 will be paid when the project is completed and ready for final payment.
Payment Milestone 5 ($ ) of the Subcontract Sum will be paid in installments when an acceptable site inspection has been completed by Contractor and EPA and when the O&M has been completed. This milestone shall be completed as specified in the Performance Work Statement, provided as Attachment A to the Subcontract Agreement and Table B-1. Additionally, any base fees and award fees earned, or disincentive fees that are assessed per Table B-2 will be paid when the project is completed and ready for final payment.
Payment Milestone 6 ($ ) of the Subcontract Sum will be paid when the Remedial Action Report has been finalized. This milestone shall be completed as specified in the Performance Work Statement, provided as Attachment A to the Subcontract Agreement and Table B-1. Additionally, any base fees and award fees earned, or disincentive fees that are assessed per Table B-2 will be paid when the project is completed and ready for final payment.
Other bid item tasks not included under a specific milestone will be paid when acceptably completed as specified in the Performance Work Statement, provided as Attachment A to the Subcontract Agreement and Table B-1.
The final Subcontract Sum, including the final fees, will be determined by Contractor upon submittal to and acceptance by EPA of a remedial action report. Contractor reserves the right to adjust award, base, and/or disincentive fees for the entire project during negotiation of final payment.
B-4
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Table B-1
Soll Interim Remedial Action Fixed Price Bid Items Form
Ram Leather Care, Charlotte, North Carolina
BIDDER'S SIGNATURE: ______________ _ DATE: ________ _
Bidder submll1 to!lowlng lump 1umluM prten ldentlnltd in Bid Fonn II p1rt 11f this bid.
Bid Item De■crlptlon Unit of Estimated Unit Extended Price No. Measure Quantity Price
MIiestone 1: Acceptance of Prellminarv Plannlno Documents
Preliminary Planning Documents (lndudes
Remedial Actlon Work Plan and Site Management
2 Plan\ LS 1 $ $
MIiestone 1 Subtotal $ MIiestone 2: Soll Cleanup Conflnnatlon SamplinQ and Ace eptance of Final Plannlm Documents
5 Erosion Control lmclementatlon (slit fenclna, etc.\ LS 1 $ -$ 6 Site Securir,, lmolementallon (fencino. etc.I LS 1 $ $ 7 Utilltv Clearances / Protection LS 1 $ $ Demolltlon (Includes removal and disposal of two
6 emntv ASTs and concrete nad) LS 1 $ $ 9 Seal Exit Point of Floor Drain with Concrete LS 1 $ $ TCLP Sample Analysls (worst.case scenario
10a sam~es collected as part of confirmation sampllng EA 3 $ $ event orior to excavation)
10b Confirmation Samnle Ana is NOCsl EA $ $
10c Advancement of Boring for Confirmation or TCLP LF $ $ Samnte Collectlon flncludlnr:i labor'\
Professional Engineering Design {Includes
11 loermittlna and shorina desion\ LS 1 $ $ Revised Remedial Action Work Plan (including
12 revised excavation l!mlts) LS 1 $ -$
MIiestone 2 Subtotal $ MIiestone l: Soll Excavation to 13 feet bis
13 Shorina Svstem Installation {steel sheetlnaJ SF 7 500 $ $ Contaminated Soll Excavation to 13 feet bls
(Includes labor, equipment, materials, dust control,
14 and soil stocknllinal CY 1 750 $ $
Milestone 3 Subtotal $ MIiestone 4: Soll Excavation from 13 to 26 feet bis
Shoring System Installation (if not complete in
13 Milestone 31 SF a $ $ Contaminated Soil Excavation from 13 to 26 feet
15 bis [Includes labor, equipment, materials, CY 1,750 $ -s dewatering {If necessary), dust control, and soil
stockoilinal
16 Waste Characterization SampUng / Analysis for EA . $ $ Disoosal Determination
Backfill Excavations (includes labor, equipment,
and materials to place, grade, and compact soil CY 4,025"" $ $ 19 and tonsoll'J
Milestone 4 Subtotal $ MIiestone 5: Site ReatoraUon
Re--estabtlsh Ground Vegetation (Seeding, Acre 0.5 $ $ 20 Mulch/no Waterina ate. I
Ground Vegetation O&M (lncludlng O&M progress
23 reMrts) EA 4 $ $
MIiestone 5 Subtotal $ Milestone 6: Acceptance of Remedlat AcUon Report
22 1Remedial Action Report (Draft I Final I LS I 1 '$ I$
Milestone 6 Subtotal s Other Bid Items not Included In Performance.Baaed Milestones
1 Bonds I Insurance LS 1 $ $ 3 Personnel Health and Safetv LS 1 s $ Mobili2:ation/Demobilization (includes equipment
4 aOO crew\ LS 1 s -$ SoU Segregation, Loading, Transportation, and
17 Dlsnosal /Subtitle Dl CY 2,013•• $ $
16 Soll Segregation, Loading, Transportation, and CY $ $ DisPosaJ (Subtitle C) 2,013•• 21 Prooress Reoorts EA 4 $ $
Other llama Subtotal $
Total $
Notea· Base Fee and Award Fee available to Subcontractor are not included in the above pncing.
Quantity to be estimated by subcontractor based on confirmation sampling strategy to be ?"&Senta~ in proposal. " Includes 15% bulk /actor by volume.
-
-
-
-
-
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Payment
Milestone
1. Acceptance of
Preliminary Planning
Documents
2. Soil Cleanup
Confirmation
Sampling and
Acceptance of Final
Planning Documents
Payment
Payment
Milestone I
Lump Sum+
Basefee4%+
Award fee 8%
Payment
Milestone 2 of
Lump Sum+
Basefee4%+
Award fee 8%
Task Deliverable
-Prepare preliminary -Shoring system design
planning documents -Remedial Action Work
Plan
(Bid Item No. 2) -Site Management Plan
-Site preparation ; Daily Quality Control
activities Reports
-Collect and analyze -Shoring system design
confirmation samples -Revised Remedial
-Collect and analyze Action Work Plan
worst-case TCLP
samples
-Professional Engineer
design of shoring system
-Prepare final planning
documents
(Bid Item Nos. 5 through
12)
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Table'B-2 ' Performance-Based Conti-acting Summary Table
Lump Sum with Unit Price Adjustmen1ts Plus Performance Fee Subcontract
' Ram Leather Care Site, Charlotte, North Carolina
Area Exceeds Performance Meets Performance Does Not Meet
Standards Standards Performance Standards
Schedule Deliverables are submitted 7 or Deliverables are submitted on or Deliverables are submitted after
more calendar days ahead of I less than 7 days before due date. due date.
(40%ofbase schedule.
and award (/00%ofbasefee and 25%of (Loss of both the base fee and
fees) (I 00% of base fee and I 00% of award fee) awardfee)
award fee)
Quality Deliverables adhere to al1 contract Deliverables are technically sound, Deliverables contain technical
requirements, draft documents are draft documents require only errors/ omissions, or do not follow
(60%ofbase technically sound and require only revisions that don't alter technical prescribed formats and final
and award minimal changes, and final quality or approach, and final documents require complete re-
fees) documents are approved/ accepted documents require minimal submission.
with no changes. changes and orily small portions of
the document require re-(Rework is performed at no cost to
(J00%ofbasefeeand !00%of submission. Contractor; loss of both the base
award fee) fee and award fee)
(/00%ofbasefee and 25% of
award fee)
Schedule -Acceptable performance -Acceptable performance Acceptable perfonnance
demonstration 10 percent ahead of demonstration on or less than I 0 demonstration does not meet
(50%ofbase schedule or more for the sampling percent ahead of schedule for the schedule.
and award and final RA WP component. sampling and final RA WP -Greater than 5 percent of Daily
fees) -85 percent of Daily Quality component. Quality Control Reports for this
Control Reports for this milestone -95 percent of Daily Quality milestone are submitted more than
are submitted at the end of each Control Reports for this milestone 2 days after the report date.
work day. are submitted within 2 days.
(Loss of both the base fee and
(100%ofbasefeeand I00%of (100% of base fee and 25% of award fee)
award fee) award fee)
J
1 i I ,,
' i Incentives/
Di;iri~entives
"
-No basi fee or a;_,ard fee will be
paid for TdoCs not meet"
performance standards for this
mileston~ ..
-100% tifbase fee and 25% of
award rd: for '"meets" performance
' standardf ..
-100% of both the base fee and
award f~ °fol' '"Cxceeds"
' perfo~ce standards.
,,
-Subcontractor shall perform re-
work at Ilo additional cost to
Contract~r until the quality meets . ' the perf(?nnance requirements; no
base fee ~r award fee will be paid
1 for "does not meet" performance
standard; for this milestone.
-100% dfbase fee and 25% of ,,
award f~ for _"meets,. performance
standanls. · .
-100% df both the base fee and
award f<ie for "exceeds" ii •
perforrrul)1ce _standards.
ii :. -No base fee or award fee will be
paid for ·~does not meet"
perfonruince standards for this
milestont
-100% Of base fee and 25% of
award fJ for "meets" performance
standard~.
-I 00% 01fboth the base fee and
award rJ for "exceeds" .,
perfo1ce standards.
j
Surveillance Surveillance
-Measure
Check actual I 00% inspection
submission date of deliverables
against
requirement.
Check quality of 100% inspection
deliverables of deliverables
against
perfonnance
requirements in
PWS.
Check date of 100% inspection
acceptable (Contractor's
performance Resident Engineer
demonstration onsite) and 100%
against inspection of
requirement. deliverables.
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I TableB-2
I Performance-Based Contracting Summary Table
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North Carolina
I Payment Payment Task Deliverable Area Exceeds Performance Meets Performance Does Not Meet ,Incentives/ Surveillance Surveillance
Milestone Standards Standards Performance Standards Disincentives Measure
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' Check quality of l 00% inspection Quality Performance demonstration meets Performance demonstration meets Sampling work does not meet -Subcontractor shall perform re-
work plan requirements; activities work plan requirements; activities work plan objectives without work at n,o additional cost to work and (Contractor's
(50%ofbase are conducted safely and in are conducted safely and in additional effort or performance Contractor until the quality meets deliverables Resident Engineer
and award accordance with approved accordance with approved demonstration does not meet work the performance requirements; no against work plan onsite) and 100%
fees) planning documents; changes are planning documents; sampling plan requirements or heaJth and base fee cir award fee will be paid requirements and inspection of
documented and approved well in strategy adequately characterizes safety violations are committed for .. does not meet" perfonnance PWS. deliverables.
-advance; innovative solutions are contamination without additionaJ during performance of work or the standards for this milestone.
used to address potential field sampling; and the RA WP is RA WP requires major revisions. -100% of base fee and 25% of
problems in order to meet project accepted with minor revisions. award fee for "meets" performance
objectives; sampling strategy (Modifications are performed at standards.
adequately characterizes (/00%ofbasefee and 25%of no cost to Contractor; loss of both -100% of both the base fee and
contamination without additional award fee) the base fee and award fee) award fee for "exceeds"
sampling; and the RA WP is perfonnance standards.
accepted without revisions.
I (I 00% of base fee and I 00% of
award fee)
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3. Soil Excavation to Payment -Soil retention system -Daily Quality Control Schedule -Acceptable performance -Acceptable performance -Acceptable performance -No base fee or award fee will be Check removal 100% inspection
13 feet bis Milestone 3 of installation Reports demonstration for the soil removal demonstr3tion for the soil removal demonstration for the soil removal paid for "does not meet" activity dates (Contractor's
Lump Sum+ -Soil excavation to 13 (40%ofbase for this milestone exceeds the for this milestone meets the does not meet the completion date performance standards for this against established Resident Engineer
Base fee 4% + feet bis and award completion due date goals by I 0 completion date goals or is less goals. milestone. completion dates. onsite) and 100%
Award fee 8% -Stockpile excavated fees) percent or more. than IO percent ahead of schedule. -Greater than 5 percent of Daily -100% of base fee and 25% of inspection of
soils -85 percent of Daily Quality -95 percent of Daily Quality Quality Control Reports for this award fee for "meets" performance deliverables.
Control Reports for this milestone Control Reports for this milestone milestone are submitted more than standardS.
(Bid Item Nos. 13 and are submitted at the end of each are submitted within 2 days. 2 days after the report date. - I 00% of both the base fee and
14) work day. award feC for "exceeds"
(/00%ofbasefeeand 25%of (Loss of both the base fee and perfortrul!1ce standards.
(/00%ofbasefeeand /00%of award fee) award fee)
award fee)
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Quality The soil removal activities as The soil removal activities as The soil removal activities do not -Subcontractor shall perform re-Check quality of I 00% inspection
implemented meet or exceed the implemented meet the work plan meet the work plan objectives work at no additional cost to work and (Contractor's
(60%ofbase work plan requirements; activities requirements with minor fine without additional effort or Contractor until the quality meets deliverables Resident Engineer
and award are conducted safely and in tuning; activities are conducted operational criteria are not met or the performance requirements; no against work plan onsite) and 100%
fees) accordance with approved safely and in accordance with health and safety violations are base fee C?r award fee will be paid requirements and inspection of
planning documents; changes are approved planning documents. committed during performance of for "does not meet" performance PWS. deliverables.
documented and approved well in work. standards for this mi1estone.
advance; innovative solutions are (/00%ofbasefee and 25%of - I 00% of base fee and 25% of
used to address potential field award fee) (Modifications are performed at award fee for "meets" performance
problems in order to meet project no cost to Contractor; loss of both standards.
objectives; an innovative solution the base fee and award fee) - I 00% of both the base fee and
is used to minimize excavation award fee for "exceeds"
dewatering (ifnecessary). performance standards.
I (!00%ofbasefeeand J00%of
award fee)
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I Table B-2
I Performance-Based Contracting Summary Table
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North Carolina
I Payment Payment Task Deliverable Area Exceeds Performance Meets Performance Does Not Meet. Incentives/ Surveillance Surveillance
Milestone Standards Standards Performance Standards Disincentives Measure
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4. Soil Excavation Payment -Soil retention system -Daily Quality Control Schedule -Acceptable perfonnance -Acceptable performance -Acceptable performance -No base fee or award fee will be Check removal 100% inspection
from 13 to 26 feet Milestone 4 of installation ( if possible Reports demonstration for the soil removal demonstration for the soil removal demonstration for the soil removal paid for "does not meet" activity dates (Contractor's
bis Lump Sum+ to completed in (40%ofbase for this milestone exceeds the for this milestone meets the does not meet the completion date performance standards for this against established Resident Engineer
Base fee 4%+ Milestone 3) and award completion due date goals by 10 completion date goals or is less goals. mileston~. completion dates. onsite) and I 00%
Award fee 8% -Soil excavation from fees) percent or more. than IO percent ahead of schedule. -Greater than 5 percent of Daily -100% of base fee and 25% of inspection of
13 to 26 feet bis -85 percent of Daily Quality -95 percent of Daily Quality Quality Control Reports for this award fee for "meets" performance deliverables.
-Soil dewatering (if Control Reports for this milestone Control Reports for this milestone milestone are submitted more than standards.
necessary) are submitted at the end of each are submitted within 2 days. 2 days after the report date. - I 00% of both the base fee and
-Stockpile excavated work day. award fee for "exceeds"
soils performance standards.
-Conduct TCLP (/00%ofbasefee and 25%of (Loss of both the base fee ond
I analyses on stockpiled (!00%ofbasefee and /00%of award fee) award fee)
soils owardfee)
-Backfill and compact
excavation areas
I (Bid Item Nos. 13, 15,
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16, and 19)
Quality The soil removal activities as The soil removal activities as The soil removal activities do not -Subcon~actor shall perform re-Check quality of I 00% inspection
implemented meet or exceed the implemerited meet the work plan meet the work plan objectives work at no additional cost to work and (Contractor's
(60%ofbase work plan requirements; activities requirements with minor fine without additional effort or Contractor until the quality meets deliverables Resident Engineer
and award are conducted safely and in tuning; activities are conducted operational criteria are not met or the performance requirements; no against work plan onsite) and l00%
fees) accordance with approved safely and in accordance with health and safety violations are base fee 9r award fee will be paid requirements and inspection of
planning documents; changes are approved planning documents. committed during performance of for "does not meet" performance PWS. deliverables.
documented and approved well in work. standard~ for this milestone.
advance; innovative solutions are (/00%ofbasefee and 25%of -100% of base fee and 25% of
used to address potential field award fee) (Modifications are performed at award fee for "meets" performance
problems in order to meet project no cost to Contractor; loss of both standards.
objectives; an innovative solution the base fee and award fee) -100% ofboth the base fee and
·, is used to minimize excavation award fee for "exceeds"
dewatering (if necessary). perfomtance standards.
(/00%ofbosefee and /00%of
award fee)
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I Table B-2
I Performance-Based Contracting Summary Table
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North Carolina
I Payment Payment Task . Deliverable Area Exceeds Performance Meets Performance Does Not Meet ·Incentives/ Surveillance Surveillance
Milestone Standards Standards Performance Standards Disincentives Measure
I 5. Site Restoration Payment • Regrade area and apply • Daily Quality Control Schedule -Acceptable performance -Acceptable performance -Acceptable performance -No base fee or award fee will be Check completion I 00% inspection
Milestone 5 of seed and mulch Reports demonstration for the site demonstration for the site demonstration for the site paid for "does not meet" dates against of deliverables and
Lump Sum+ -Restore all areas to pre-• Quarterly O&M (50%ofbase restoration exceeds the completion restoration meets the completion restoration does not meet the performance standards for this requirements. site.
I Base fee 4%+ excavation conditions Progress Reports and award due date goals by 20 percent or date goals or is less than 20 completion date goals. milestone.
Award fee 8% -Remove trash and -Successful site fees) more. percent ahead of schedule. -The site inspection exceeds the -100% of base fee and 15% of
debris inspection upon -The site inspection meets the -The site inspection exceeds the completion due date goal by more award fe~ for "meets" performance
• Quarterly site completion completion due date goal by less completion due date goal by less than two days. standards.
I inspections for I year than two days. than two days. -Greater than 5 percent of Daily • I 00% of both the base fee and
-Conduct corrective • 85 percent of Daily Quality • 95 percent of Daily Quality Quality Control Reports for this award fee for ''exceeds"
actions until site Control Reports for this milestone Control Reports for this milestone milestone are submitted more than perfonnance standards.
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vegetation i~ are submitted at the end of each are submitted within 2 days. 2 days after the report date.
reestablished work day. • The Quarterly O&M Progress -The Quarterly EPA Progress
. The Quarterly O&M Progress Reports are submitted within two Reports are submitted more than
(Bid Item Nos. 20 and Reports are submitted within one weeks after the quarterly site two weeks after the quarterly site
I 23) week after the quarterly site activities are completed. activities are completed.
activities are completed.
(/00%ofbasefee and /5%of (Loss of both the base fee and
(I 00% of base fee and 100% of award fee) award fee)
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award fee)
Quality -Site restoration is completed with -Site restoration is completed with -Site restoration is not completed -Subcontractor shall perform re-Check quality I 00% inspection
no punchlist items. very minor punchlist items that are and/or there are significant work at no additional cost to against of deliverables and
I
(50%ofbase -No signs of building settling or addressed within schedule. punchlist items to be addressed. Contractor until the quality meets performance site
and award soil subsidence. -No signs of building settling and -Signs of building settling and/or the performance requirements; no requirements in
fees) -Effective vegetation minimal soil subsidence. significant soil subsidence. base fee will be paid for "does not PWS.
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reestablishment such that no -Effective vegetation -Vegetation reestablishment meet" performance standards for
corrective actions are necessary. reestablishment such that minimal requires major corrective actions. this mileJtone.
corrective actions are necessary. -50% of.award fee for "meets"
( I 00% of base fee and I 00% of (Corrective actions are performed performance standards; I 00% of
I
award fee) (/00%ofbasefee and /5%of at no cost to Contractor; loss of award fee for "exceeds"
award fee) both the base fee and award fee) performance standards.
6. Acceptance of Payment -Prepare Remedial -Remedial Action Report Schedule Deliverables are submitted 7 or Deliverables are submitted on or Deliverables are submitted after -Subcontractor shall perform re-Check for signs of I 00% inspection
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Remedial Action Milestone 6 Action Report more calendar days ahead of less than 7 days before due date. due date. work at no additional cost to building settling of deliverables and
Report Lump Sum+ (50%ofbase schedule. Contractor until the quality meets and soil subsidence inspections at site
Base fee 4% + (Bid Item No. 22) and award (/00%ofbasefeeand !5%of (Loss of both the base fee and the performance requirements; no and quality of and/or inspection
Award fee 8% fees) ( I 00% of base fee and I 00% of award fee) award fee) base fee Or award fee will be paid reestablished of site photos
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award fee) for "does not meet" performance vegetation. takes at each
standards for this milestone. quarterly O&M
-

t

00% of base fee and 15% of event.
award fee for ••meets" performance
I
standards.
• 100% of both the base fee and
award fee for "exceeds"
perfonnance standards.
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Payment
Milestone
Change Orders
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I Notes:
Payment Task Deliverable
0.5% Award -Submittal of Change -Change Orders
Fee Orders -Final Invoice
Table B-2
Performance-Based Contracting Summary Table
Lump Sum with Unit Price Adjustments Plus Performance Fee Subcontract
Ram Leather Care Site, Charlotte, North Carolina
Area Exceeds Performance Meets Performance Does Not Meet
Standards Standards Performance Standards
Quality Deliverables adhere to all contract Deliverables are technically sound, Deliverables contain technical
requirements, draft documents are draft documents require only errors/ omissions. or do not follow
(50%ofbase technically sound and require only revisions that don't alter technical prescribed formats and final
and award minimal changes, and final quality or approach, and final documents require complete re-
fees) documents are approved/ accepted documents require minimal submission.
with no changes. changes and only small portions of
the document require re-(Modifications are performed at
(I 00% of base fee and I 00% of submission. no cost to Contractor; loss of both
award fee) the base fee and award fee)
(100%ofbasefeeand /5%of
award fee)
Cost No change orders are submitted by The cost of change orders The cost of change orders
Subcontractor unless in response submitted by Subcontractor and submitted by Subcontractor and
(!00%of to changes requested by the Client approved by Contractor (excluding approved by Contractor
award fee) or Contractor. Additionally, those requested by Client or (excluding those requested by
change orders in response to Contractor, or in response to soil Client or Contractor, or in
modifications in soil excavation excavation volume modifications) response to soil excavation
volume are excluded from is less than or equal to 3% of the volume modifications) is greater
performance standard assessment. original project cost (exclusive of than 3% of the original project
fee). cost (exclusive of fee).
(JOO%ofawardfee)
(40% of award fee for change (Loss of award fee)
orders between >2% and 53% of
original project cost; 60% of
award fee for change orders
between >}%and :S,2%oforiginal
project cost; 80% of award fee for
change orders -::::_J % of original
project cost)
This subcontract includes a base fee of 4% and an award fee of 8% for Performance Milestones, and an additional award fee 0.5% associated with change order costs.
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Incentives/ Surveillance Surveillance
Disincentives Measure
'
-Subcontractor shall perform re-Check quality of 100% inspection
work at no additional cost to deliverables of deliverables
Contractor until the quality meets against
the perforinance requirements; no performance
base fee or award fee will be paid requirements in
for .. does not meet" perfonnance PWS.
standards for this milestone.
-!00% of base fee and 15% of
award fee for ''meets" perfonnance
standards.
-100% of both the base fee and
award fee for "exceeds"
perfonnance standards.
-No award fee will be paid for Check final 100% inspection
"does not meet" perfonnance invoice against of invoice and
standards for this milestone. original project supporting change
-40 to 80% of award fee for cost. order cost data
"meets" performance standards;
100% of award fee for .. exceeds"
performance standards.
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ATTACHMENT C
PRIME CONTRACT CLAUSES
This Agreement incorporates the following clauses by reference. These clauses have the same force and effect as
if they were given in full text. Clauses from the Federal Acquisition Regulation ( 48 CFR Chapter l) are identified with
the prefix "52" in the clause number. Clauses from the Environmental Protection Agency Acquisition Manual
(EPAAR) are identified with the prefix "1552." '
CLAUSE
NUMBER DATE
52.202-1 OCT 1995
52.203-3 APR 1984
52.203-5 APR 1984
52.203-6 JUL 1995
52.203-7 JUL 1995
52.203-8 JAN 1997
52.203-l 0 JAN 1997
52.203-l l APR 1991
52.203-12 JUN 1997
52.209-6 JUL 1995
52.214-26 OCT 1997
52.214-27 OCT1997
52.214-28 OCT 1997
52.215-2 AUG 1996
52.215-10 OCT 1997
52.215-12 OCT 1997
52.215-14 OCT 1997
52.215.15 DEC 1998
52.215-17 OCT 1997
52.215-18 OCT 1997
52.215-19 OCT 1997
52.216-7 APR 1998
52.219-8 JAN 1999
52.219-9 JAN 1999
52.219-16 JAN 1999
52.222-1 FEB 1997
52.222-3 AUG 1996
52.222-4 JUL 1995
52.222-6 FEB 1995
52.222-7 FEB 1988
52.222-8 FEB 1988
52.222-9 FEB 1988
52.222-10 FEB 1988
52.222-1 l FEB 1988
52.222-12 FEB 1988
52.222-13 FEB 1988
Subcontract Documents
Ram Leather Care RD
TITLE
DEFINITIONS
GRATUITIES
COVENANT AGAINST CONTINGENT FEES
RESTRICTIONS ON SUBCONTRACTOR
SALES TO TIIE GOVERNMENT
ANTI-KICKBACK PROCEDURES
CANCELLATION, RESCISSION, AND RECOVERY OF
FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
FEE OR PRJCE ADJUSTMENT FOR ILLEGAL OR
IMPROPER ACTIVITY
CERTIFICATION AND DISCLOSURE REGARDING
PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS
PROTECTING TIIE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT
AUDIT AND RECORDS-SEALED BIDDING
PRJCE REDUCTION FOR DEFECTIVE COST OR PRJCING
DAT A-MODIFICATIONS-SEALED BIDDING
SUBCONTRACTOR COST OR PRICING DATA-
MODIFICATIONS-SEALED BIDDING
AUDIT AND RECORDS-NEGOTIATION
PRJCE REDUCTION FOR DEFECTIVE COST OR PRICING
DATA
SUBCONTRACTOR COST OR PRICING DAT A
INTEGRJTY OF UNIT PRICES
PENSION ADJUSTMENTS AND ASSET REVERSIONS
W AIYER OF FACILITIES CAP IT AL COST OF MONEY
REVERSION OR ADJUSTMENT OF PLANS FOR POST
RETIREMENT BENEFITS OTHER THAN PENSIONS
NOTIFICATION OF OWNERSHIP CHANGES
ALLOW ABLE COST AND PAYMENT
UTILIZATION OF SMALL BUSINESS CONCERNS
SMALL BUSINESS SUBCONTRACTING PLAN -
ALTERNATIVE I
LIQUIDATED DAMAGES-SUBCONTRACTING PLAN
NOTICE TO THE GOVERNMENT OF LABOR DISPUTES
CONVICT LABOR
CONTRACT WORK HOURS AND SAFETY ST AND ARDS
ACT-OVERTIME COMPENSATION
DA VIS 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 DA VIS-BACON AND RELATED ACT
REGULATIONS
48369.01.31
December 2005
C-l
•
52.222-14
52.222-15
52.222-16
52.222-21
52.222-22
52.222-23
52.222-26
52.222-27
52.222-36
52.222-37
52.222-41
52.223-1
52.223-2
52.223-3
52.223-6
52.224-1
52.224-2
52.225-5
52.225-11
52.225-12
52.227-1
52.227-2
52.227-16
52.227-17
52.228-5
52.229-3
52.229-5
52.230-2
52.232-17
52.232-20
52.232-22
52.232-23
52.233-1
52.233-3
52.236-21
52.236-24
52.236-25
52.242-1
52.243-2
52.243-4
52.242-13
52.244-2
52.244-4
52.245-1
52.245-5
52.245-19
52.246-21
52.246-5 ·
52.248-2
52.248-3
52.249-2
Subcontract Documents
Ram Leather Care RD
FEB 1988
FEB 1988
FEB 1988
FEB 1999
FEB 1999
FEB 1999
FEB 1999
FEB 1999
JUN 1998
JAN 1999
MAY 1989
APR 1984
APR 1984
JAN 1997
JAN 1997
APR 1984
APR 1984
JUN 1997
AUG 1998
MAY 1997
JUL 1995
AUG 1996
JUN 1987
JUN 1987
JAN 1997
JAN 1991
APR 1984
APR 1998
JUN 1996
APR 1984
APR 1984
JAN 1986
DEC 1998
AUG 1996
FEB 1997
APR 1984
APR 1984
APR 1984
AUG 1987
AUG 1997
JUL 1995
AUG 1998
AUG 1998
APR 1984
JAN 1986
APR 1984
MAR 1994
APR 1984
MAR 1990
MAR 1989
SEP 1996
DISPUTES CONCERNING LABOR STANDARDS
CERTIFICATION OF ELIGIBILITY
APPROVAL OF WAGE RA TES
PROHIBITION OF SEGREGATED FACILITIES
PREVIOUS CONTRACTS AND COMPLIANCE REPORTS NOTICE OF REQUIREMENT FORAFFIRMA TIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
EQUAL OPPORTUNITY
AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS
FOR CONSTRUCTION
AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES
EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
SERVICE CONTRACT ACT OF 1965, AS AMENDED CLEAN AIR AND WATER CERTIFICATION
CLEAN AIR AND WATER
HAZARDOUS MATERJAL IDENTIFICATION AND MA TERJAL SAFETY DA TA
DRUG-FREE WORKPLACE
PRIVACY ACT NOTIFICATION
PRIVACY ACT
BUY AMERJCAN ACT-CONSTRUCTION MATERJALS RESTRICTIONS ON CERTAIN FOREIGN PURCHASES NOTICE OF BUY AMERICAN ACT REQUIREMENT-CONSTRUCTIN MATERIALS
AUTHORJZATION AND CONSENT
NOTICE AND ASSISTANCE REGARDING PA TENT AND COPYRJGHT INFRINGEMENT
ADDITIONAL DAT A REQUIREMENTS
RJGHTS IN DAT A--SPECIAL WORKS
INSURANCE-WORK ON A GOVERNMENT INSTALLATION FEDERAL, STATE AND LOCAL TAXES
TAXES-CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RJCO
COST ACCOUNTING STANDARDS
INTEREST
LIMITATION OF COST
LIMITATION OF FUNDS
ASSIGNMENT OF CLAIMS
DISPUTES AL TERNA TE I
PROTEST AFTER AW ARD -AL TERNA TE I SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION WORK OVERSIGHT IN ARCHITECT-ENGINEER
CONTRACTS
REQUIREMENTS FOR REGISTRATION OF DESIGNERS NOTICE OF INTENT TO DISALLOW COSTS CHANGES-COST-REIMBURSEMENT ALTERNATE I (APR 1984)
CHANGES
BANKRUPTCY
SUBCONTRACTS
SUBCONTRACTORS AND OUTSIDE ASSOC IA TES AND CONSULTANTS
PROPERTY RECORDS
GOVERNMENT PROPERTY (COST-REIMBURSEMENT,
TIME-AND-MATERIALS, OR LABOR-HOUR CONTRACTS) GOVERNMENT PROPERTY FURNISHED "AS IS" WARRANTY OF CONSTRUCTION
, INSPECTION OF SERVICES--COST REIMBURSEMENT
VALUE ENGINEERING--ARCHITECT-ENGINEER
VALUE ENGINEERING--CONSTRUCTION
TERMINATION FOR CONVENIENCE OF GOVERNMENT
(FIXED PRJCE) ALTERNATIVE I
48369.01.31
December 2005
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52.249-14 APR 1984 EXCUSABLE DELAYS
I 52.251-1 APR 1984 GOVERNMENT SUPPLY SOURCES
52.253-1 JAN 1991 COMPUTER GENERA TED FORMS
1552.208-70 APR 1984 PRINTING
1552.210-79 SEPT 1991 COMPLIANCE WITH EPA POLICIES FOR INFORMATION
RESOURCES MANAGEMENT I 1552.210-74 APR 1984 WORKING FILES
1552.229-70 NOV 1989 STATE AND LOCAL TAXES
1552.237-75 APR 1984 PAPERWORK REDUCTION ACT 1552.245-70 APR 1984 DECONTAMINATION OF GOVERNMENT PROPERTY I 1552.245-72 APR 1984 FABRICATION OR ACQUISITION OF NON-EXPENDABLE
PROPERTY
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I Subcontract Documents 48369.01.31 Ram Leather Care RD December 2005
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I Attachment D
Insurance Requirements
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ATTACHMENT D
INSURANCE REQUIREMENTS
Subcontractor's insurance shall be with reputable and financially solvent insurance companies that have been
approved by appropriate governmental authorities to conduct insurance business in the jurisdiction where the work is
located and are (i) rated "A-"VIII" or better by A.M. Best's "Insurance Guide and Ratings" or (ii) nationally
recognized and satisfactory to purchaser.
Worker's Compensation and Employer's Liability
This insurance shall protect Subcontractor against all claims under applicable state worker's compensation laws. The
insureds shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not
fall within the provisions of a worker's compensation law. This policy shall include an "all states" endorsement.
The liability limits shall not be less than:
Worker's Compensation
Employer's Liability
Comprehensive Automobile Liability
Statutory
$500,000 each occurrence
This insurance shall be written in comprehensive form and shall protect Subcontractor and additional insureds against all
claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and
shall cover operation on or off the site of all motor vehicles, whether they are owned, non-owned, or hired.
The liability shall not be less than:
Bodily Injury and
Property Damage
Commercial General Liability
$ I ,000,000 combined single
limit each occurrence
This insurance shall be an "occurrence" type policy written in comprehensive form and shall protect Subcontractor and
additional insureds. This policy shall also include protection against claims insured by usual personal injury liability
coverage, a "protective liability" endorsement to insure the contractual liability assumed by the Subcontractor under this
Agreement and "Completed Operations and Products Liability" coverage (to remain in force for 2 years after final
payment). The policy shall contain a per project aggregate endorsement.
If the Work requires blasting, explosive conditions, or underground operations, the comprehensive general liability
coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground
property.
The liability limits shall not be less than:
Personal Injury and
Property Damage
Subcontract Documents
Ram Leather Care RD
Rev. 0 03/31/95
$ I ,000,000 combined single limit
each occurrence and $1,000,000 aggregate
0-1
048369.01.31
December 2005
Umbrella Liability
This insurance shall protect Subcontractor and additional insureds against all claims in excess of the limits provided under the employer's liability, comprehensive automobile liability, and commercial general liability policies. The liability limits of the umbrella liability policy shall not be less than $5,000,000. The policy shall be an "occurrence" type policy.
Environmental Impairment Liability
This insurance shall protect Subcontractor and additional insureds against claims arising out of pollution and excluded from the commercial general liability and comprehensive automobile liability policies. It shall be coordinated with the general liability policy and provide bodily injury and property damage coverage similar to the general liability policy. Coverage shall include contractual liability with limits of $2,000,000 per occurrence and $5,000,000 aggregate.
Subcontractor's Equipment Insurance
Subcontractor shall provide and maintain insurance or shall self-insure, against loss or damage to all equipment,
whether owned or leased by Subcontractor, which is utilized by Subcontractor to perform the Work and which is not permanently incorporated in the Project. Subcontractor waives any claim against the Indemnified Parties for Joss or damage to such equipment. Subcontractor shall include a similar requirement in its lower-tier subcontracts, and shall require its lower-tier subcontractors to provide such a claim waiver for the benefit of Subcontractor and the Indemnified Parties.
Certificates of Insurance
Prior to the start of Work, Subcontractor shall furnish Contractor with certificates of insurance as evidence that policies
providing the required coverages and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the Work under the Agreement shall provide not less than 30 day advance notice in writing to Contractor prior to cancellation, termination, or material change of any policy of insurance. In addition, Subcontractor shall immediately provide written notice to Contractor upon receipt of notice of cancellation of an insurance policy or a decision to terminate or alter an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type.
Additional Insureds
All insurance coverages furnished under this Agreement except Worker's Compensation, shall . include Owner and
Contractor and their directors, partners, officers, agents, and employees as additional insureds with respect to the activities of Subcontractor and it's subcontractors.
Owner and Contractor shall not by reason of its inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.
Waiver of Subrogation
Subcontractor and it's subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against Contractor, its directors, partners, officers, agents, and employees and against other contractors, subcontractors, and Owner.
Subcontract Documents
Ram Leather Care RD
Rev. 0 03/31/95
D-2
048369.01.31
December 2005
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I Attachment E
General Terms and Conditions
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ARTICLE I -DEFINTTIONS ...
ATTACHMENTE
GENERAL TERMS AND CONDITIONS
CONTENTS
ARTICLE 2 -INDEPENDENT CONTRACTOR
ARTICLE 3 -REPRESENTATIONS
ARTICLE 4 -SCHEDULING AND COORDINATION .............. .
ARTICLE 5 -ENTIRE AGREEMENT
ARTICLE 6 -CONFLICTING OR ADDED CONDITTONS ....
ARTICLE 7 -SUBCONTRACT DOCUMENTS
ARTICLE 8 -CONTRACTOR SUPPLIED DOCUMENTS
ARTICLE 9 -BONDS .....
ARTICLE IO -INSURANCE ........ .
ARTICLE 11 -PROJECT SUPERINTENDENT ....... .
ARTICLE 12 -LABOR AND LABOR DISPUTES .. .
ARTICLE 13 -OVERTIME.
ARTICLE 14 -EQUAL EMPLOYMENT OPPORTUNITY.
......... A478-3
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. A478-4
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. .............................. A478-6
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ARTICLE 15 -UT!LmES AND EQUIPMENT
ARTICLE 16 -SHIPPING INSTRUCTIONS
ARTICLE 17 -SUBCONTRACTS .. ................................................................. A478-7
ARTICLE 18 -ASSIGNMENTS
ARTICLE 19-NONDISCLOSURE OF PROPRIETARY INFORMATION
ARTICLE 20 -PERMITS AND LICENSES
ARTICLE 21-I.AW AND REGULATIONS
ARTICLE22-CODESANDSTANDARDS
ARTICLE 23 -TAXES .............. .
ARTICLE 24 -RECORD DOCUMENTS
ARTICLE 25 -SITE SAFETY
ARTICLE 26 -RESPONSIBll.ITY FOR WORK AREA AND CLEANUP
ARTICLE 27 -PROJECT SAFETY AND HEALTH
EPC-A478
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ARTICLE 28 -EMERGENCIES .. __ ..
ARTICLE 29 -LIABILITY AND INDEMNIFICATION
ARTICLE 30 -COORDINATION _____________ _
ARTICLE 31 -CONT ACT WITH OWNER __
ARTICLE 32 -PUBLICITY __ _
ARTICLE 33 -CHANGES __ -
ARTICLE 34 -DELA vs __ _
ARTICLE 35 -GUARANTEES--------
ARTICLE 36 -INSPECTION AND ACCEPTANCE
ARTICLE 37 -RISK OF LOSS _____________ _
ARTICLE 38 -REMOVAL OF REJECTED MATERlALS _
ARTICLE 39-PAYMENT __ _
ARTICLE 40 -LIENS ___ ,_
ARTICLE 41 -ACCEPTANCE OFFINAL PAYMENT CONSTITVTES RELEASE __
ARTICLE 42 -WARRANTY OF TITLE
ARTICLE 43 -SUSPENSION OF WORK
ARTICLE 44 -TERMINATION FOR CONVENIENCE.
ARTICLE45 -TERMINATION FOR DEFAULT __ .. _
ARTICLE 46 -CLAIMS .. ,_ .. ,,.
ARTICLE47 -AUDIT RIGf-ITS __ _
ARTICLE 48 -CAPTIONS_,
ARTICLE 49 -NON-WAIVER ...
ARTICLE 50 -SEVERABILITY
ARTICLE 51 -TIIlRD PARTY R!Gl-ITS
EPC-A478
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___ A478-IO
. A478-10
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ARTICLE 1 -DEFINITIONS
1.1 "Contractor" shall mean Black & Veatch Special Projects Corp., a Missouri Corporation, and it's successors, assigns, and affilia1es.
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
"Subcontractor" shall mean the person, finn, or corporation with whom Contractor has entered into the Agreement, and it's duly
authorized agents.
"Owner" shall mean the public body, authority, Corporation, association, finn, or person with whom Contractor has entered into
the Prime Agreement, and it's duly authorized agents.
"Construction Manager" shall mean Contractor's representative designated by Contractor to be in charge of the project
administration and field management of the Work under this Agreement.
"Date of Contract" or equivalent words shall mean the effective date as specified in the Agreement.
'The Work" shall mean the equipment, supplies, materials, labor, and services to be furnished under the Agreement and the
carrying out of all obligations imposed by the Subcontract Documents.
Whenever in lhe Subcontract Documents the words "as ordered," "as directed," "as required," "as penni1ted," "as allowed," or words or phrases of like import are used, it shall be understood that the order, direction, requirement, pennission, or allowance of the Contractor is intended only to the extent of judging compliance with the terms of the Subcontract Documents; none of these 1erms shall imply that the Contractor has any authority or responsibility for supervision of the Subcontractor's forces or construction operations, such authority and supervision shall remain the sole and exclusive responsibility of the Subcontractor.
Similarly the words "approved," "reasonable," "suitable," "acceptable," "proper," "satisfactory," or words of like effect and
import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in the judgement of the Contractor, to the extent provided above.
Whenever in these Subcontract Documents the expression "it is understood and agreed" or an expression of like import is used, such expression means the mutual understanding and agreement of the parties executing the Agreement.
"Startup" shall mean the time period required to bring a system from an inactive condition, when construction is substantially complete, to the state ready for commercial operation. The startup period shall include preliminary inspection and checkout of
equipmem and supporting subsystems; trial operation of supporting equipment and subsystems; initial operation of a complete system; operation of a complete system to obtain data and perfonn calibration and corrective work; and shutdown, inspection. and adjustmen1 prior to obtaining commercial operating status.
"Commercial operation" shall mean the condition of operation in which a complete system is officially declared by the owner to be available for operation. ·
"Project Site" shall mean the location where the Project will be constructed.
The tenn "day" as used in the Agreement shall mean calendar day unless otherwise specific~y designated.
"Substantial Completion" shall mean the Work has progressed to the point where it is sufficiently complete so that the Work (or
specified part) can be utilized for the purposes for which it is intended.
ARTICLE 2 -INDEPENDENT CONTRACTOR
Subcontractor shall be an independent contractor, and not the agent or employee of Contractor. Contractor shall have no authority or control over the employees, representatives, or subcontractors of Subcontractor, other than to see that the desired results are achieved in accordance with this Agreement. Accomplishing the Work shall be under the supervision and control of Subcontractor. Subcontractor shall have no authority to make any statements, representations, or commitments of any kind, or to take any action. which shall be binding upon Contractor. · No provisions of this Agreement shall be construed as an agreement between Subcontractor and Owner.
ARTICLE 3 -REPRESE1'"f A TIONS
3.1 Subcontractor represents that it is duly qualified, and registered and licensed to do business in the state or states where the Worlc
EPC-A478
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A478-3
is to be perfonned.
3.2 By execution of this Agreement, Subcontractor agrees and represents that it:
3.2.1 Has familiarized and satisfied itself with the conditions of the Project Site, the adjacent premises, and the approaches to the Project Site;
3.2.2 Is fully acquainted with the surface and subsurface conditions which may be encountered;
3.2.3 Has considered the availability of facilities for delivery, handling, and storage of equipment and materials;
3.2.4 Undcrntands Owner's operations and safety regulations;
3.2.S Knows of other construction work which may be done on or near the Project Site during the temtS of this Agreemeni;
3.2.6 Realizes it's obligations under local. state, and national laws, rules, and regulations;
3.2.7 Recognires the lerms and conditions of governing labor agreements;
3.2.8 Knows the availability, skrn, and efficiency of labor in the Project Site area, and the conditions under which such labor can be hired and maintained for the duration of the Work; and
3.2.9 Has adequate financial slatus to meet the financial obligations incident to the Work.
3.3 Subcontractor agrees that it has considered all conditions affecting execution of the Work in accordance with the tenns and conditions of this Agreement
ARTICLE 4 -SCHEDULING AND COORDINATION
4.1 Subcontractor shall schedule and coordinate the details of the Work being 'perronned to meet the Project schedule requirements set forth in the Subcontract Documents. Within thiny (30) calendar days after the date of this Agreement and before submittal of the first progress payment invoice, Subcontractor shall submit to Contractor for approval, a detailed schedule showing the sequence in which Subcontractor proposes to perfonn the Work, the stan and completion dates of.all separable ponions of the Work, manpower forecasts, materials procurement and delivery plans and any other infonnation specified by Contractor. Subcontractor agrees to adhere to the schedule approved by Contractor and attend and panicipate in scheduled progress and coordination meetings called by Contractor.
4.2 During the perfonnancc of the Work, Subcontractor shall submit to Contractor pericxlic progress reports on the actual progress and updated schedules as may be required by this Agreement or requested by Contractor. In the event Subcontractor's performance of the Work is not in compliance with the schedule estabLished for such perfonnance, Contractor may, in writing, require the Subcontractor to submit it's plan for schedule recovery, or specify in writing the steps to be taken to achieve compLiance with such schedule, and/or exercise any other remedies under this Agreement. Subcontractor shall thereupon take such steps as may be necessary to improve it's progress without additional cost to Contractor.
ARTICLE 5 -ENTIRE AGREEMENT
This Agreement (including the incorporated drawings and specifications), contains the entire agreement of the parties. This Agreement supersedes all negotiations, proposals, notices of award, purchase orders, agreements, and understandings written or oral between the parties relating to the Work. No.amendment, vwiance, or change in the provisions of this Agreement shall be made, unless such change is in writing and signed by the authoriz.ed represenlatives of the parties hereto.
ARTICLE 6 • CONFLICTING OR ADDED CONDITIONS
6.1
6.2
Subcontractor's proposal (when included in and made a part of this Agreement), is binding, wherever applicable. No clause or condition therein shall in any way modify or change any conflicting 1erms or conditions as exp~ssed elsewhere in this Agreement. Conditions in the Subcontractor's proposal additional to those stated in the other Agreement documents shall no1 prevail, unless so slated and enumerated in this Agreement.
Any words, tenns, number.., or letters typed, written, or primed on this Agreement, or any deletions made, after the Agreement
EPC-A478
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has been signed, shall be of no force and effect unless such words, terms, numbers, letters, or deletions have been initialed and
dated by the Contractor.
ARTICLE 7 -SUBCONTRACT DOCUMENTS
7.1
7:J.
The Subcontractor agrees that the Subcontract Documents are sufficient for their intended purpose, and agrees to be governed by
the detailed drawings in preference to what the general drawings may show for the same part of the Work.
Specifications and detailed drawings which may be prepared or approved by the Contra.cmr after the signing of this Agreement
are, so far as the Work called for therein may be fairly inferred from the original Subcontract Documents, a pan of this
Agreement; and the Work shown thereon is to be performed for the Subcontract Sum.
7.3 Any specifications or drawings prepared by the Subcontractor in connection with the Work shall be supplementary to the
Subcontract Documents. In case of discrepancy between the two, the Subcontract Documents shall take precedence. The
approval by the Contractor of Subcontractor's drawings shall be construed to apply only 10 the general arrangement, and shall not
relieve the Subcontractor from sole responsibility for adequacy and correctness of the design details or dimensions, and
compliance with the requirements of this Agreement and the Subcontracl Documents. Any Work done in advance of the
Contractor's approval of Subcontractor's drawings shall be done entirely at Subcontractor's risk.
ARTICLE 8 • CONTRACTOR SUPPLIED DOCUMENTS
All Subcontract Documents (including but not limited to, plans, drawings, specifications, miscellaneous documentation and the subject
matter contained therein and all other information given to the Subcontractor in connection with the Work), sh<tll remain the property of
the Contractor, and shall not be used by Subcontractor for any purpose other than performance of the Work. Upon completion of the
Work, Subcontractor shall return all such documents to the Contractor at its request.
ARTICLE 9 • BONDS
Subcontractor shall furnish a Perfonnance Bond in an amount equal to !00% of the full amount of the Subcontract Sum as a guarantee on
behalf of the Subcontractor that the terms of this Agreement shall be complied with in every particular. and a Payment Bond in an amount
equal to I 00% of the full Subcontract Sum as security for the payment of all persons perfonning labor or for payment for all materials and
equipment used in performance of the Work. Subcontractor shall obtain the Performance and Payment Bonds from sureties, and on bond
forms acceptable to Contractor.
ARTICLE 10 • INSURANCE
Except as otherwise specified in the Agreement, Subcontractor and subcontractors will be required at their own expense to maintain in
effect at all times during the performance of the Work insurance coverages with limits not less than those set forth in Attachment D with
insurers and under forms of policies satisfactory to Contractor. It shall be the responsibility of Subcontractor to maintain adequate
insurance coverage and to ensure that subcontractors are adequately insured at all times. Failure of Subcontractor to maintain adequate
coverage shall not relieve Subcontractor of any contractual responsibility or obligation.
The requirements specified herein as to types, limits, and Contractor's approval of insurance coverage to be maintained by Subcontraclor
and it's subcontractors are minimum requirements. and are not intended to and shall not in any manner limit or qualify the liabilities and
obligations assumed by Subcontractor and its subcontractors under the Agreement.
Any insurance carried by Contractor that may be applicable shall be deemed to be excess insurance and Subcontractor's insurance primary
for all purposes despite any conflicting provision in the Subcontractor's policies to the contrary.
In the event Subcontractor fails to furnish Contractor with acceptable certificates of insurance, as required, prior to commencing the Work
or to continue to maintain such insurance during the performance of the Agreement, Contractor shall have the right (at it's option), (i) to
tenninate the Agreement for Default, (ii) to suspend the Work (al no cost to Contractor or change in schedule), or (iii) to withhold any
payments or partial payments required to be made under 1his Agreement; and shall have 1he right 10 continue withholding any or all of said
payments until acceptable certificates of insurance have been supplied to Contractor.
ARTICLE 11 • PROJECT SUPERINTENDENT
The Subcontractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project Site during
the progress of the Work. The superintendent shall be satisfactory to the Contractor, and shall not be changed except with the consent of
the Contractor, unless the superintendent proves to be unsatisfactory to the Subcontractor or ceases to be in it's employ. Contractor may
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request the dismissal of Subcontractor's representatives and Contractor's reasonable request in this regard shall be gran~ed. The superintendent shall represent the Subcontractor and all communications given to the superintendent shall be as binding as if given to the Subcontractor. Important commurucations shall be confirmed in writing. Other communications shall be so confinned on v.iritten request in each case.
ARTICLE 12 • LABOR Al'iD LABOR DISPIITES
12.1
12.2
12.3
All labor employed shall be qualified to perform lhe Work assigned and of the proper classification, and shall work harmoniously in the performance of the Work under the Agreement without conflict with any trades employed by any cxher subcontractors, the Contractor, or others. Whenever an actual or potential labor dispute is delaying (or threatens to delay), the timely performance of the Agreement, the Subcontractor will give notice in writing thereof immediately to the Contractor.
Manufacturing or other operations of Owner's facility may be governed by agreements with certain labor unions. Subcontractor agrees to take such action (at it's own expense), required by, or (if not inconsistent with applicable federal and state 1egislation), as will be compatible with, such agreements, and as nCCessary to avoid disrupting relations between Owner and il's employees.
Contractor reserves the right to require the removal of any employee whose presence may tend to disrupt the orderly and proficient performance of Work at the Project Site.
12.4 The Subcontractor shall infonn Contractor in 'Mlting if they plan to assign a fonner employee of Owner to work on the Owner's premises. Contractor will notify Owner of such intent and reserves the right to disapprove the assignment.
12.5 Subcontractor agrees that in perfonnance of this Agreement it has complied and will comply with the provisions of the lmmigration Reform and Control Act, as amended.
ARTICLE 13. OVERTIME
13.l Any time worked in excess of eight (8) hours per day, and/or forty (40) hours per week, shall be for the account of the Subcontractor, unless overtime is approved by the Contractor in 'Mlting in advance of such Work.
13.2
13.3
13A
Reimbursement of the additional costs of any overtime performed by Subcontractor (in accordance with written authorization from Contractor), shall be limited to the employer's portion of F.I.C.A., and state and federal unemployment tax.es, group insurance premiums, vacation, holiday, and sick pay, retirement plan contributions, worker's compensation insurance. and union benefits where applicable. Reimbursemenl shall be made for Subcontractor's employees up to and including General Foreman.
Additional compensation including, but not limited to, overhead, profit, fees, additional supervision, additional construction tools and equipment, loss of productivity, or any other claim, will not be allowed for overtime .. Subcontractor's invoices for premium payments must be substantiated by, and include, supporting documents approved by Contractor.
Reimbursement for additional costs for shift work shall be mutually agreed upon in 'Ml ting prior to staning shift work.
ARTICLE 14 • EQUAL EMPLOYMENT OPPORTUNITY
Subcontractor warrants compliance with all applicable federal. state, and local laws, regulations, and orders. including the Fair Labor Standards Act of 1938 (as amended, Federal Wage and Hour Law), and Paragraphs I through 7 of the Section of the Executive Order No. 11246 (as amended), pertaining to equal employment opportunity.
ARTICLE 15. U11LmES AND EQUIPMENT
Subcontractor shall furnish (as part of the Subcontract Sum), all necessary utilities, temporary facilities, construction tools and equipment, consumable supplies (and any other items or services of a temporary nature not intended to become a permanent part of the Work), that may be required in the performance of its obligations, unless specifically stated to the contrary elsewhere in this Agreement.
ARTICLE 16. SHIPPING INSTRUCTIONS
16,] Subcontractor shall first communicate with, and receive instructions from, the Contractor before making any shipment to the Project Site.
16.2 Subcontractor is hereby advised that Contractor will not accept shipments for Subcontractor. Subcontractor shall consign any
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16.3
shipment of materialS, supplies, or equipment required to perfonn the Work to itself at the project shipping address (which will be furnished on request).
Solely in the event SubcOntractor is authorized in writing to make shipments which may be received before a representative of Subcontractor arrives in the field, the Contractor will make every reasonable effort to take delivery at Subcontractor's expense. Contractor will exercise its best judgment in safeguarding Subcontractor's interest, but ·shall have no responsibility for such assistance rendered the Subcontractor.
ARTICLE I 7 • SUBCONTRACTS
17.1
17.2
17.3
17.4
17.5
17.6
Neither this Agreement, nor any part thereof, shall be subcontracted by Subcontractor without prior written consent of Contractor, Any attempted subcontract hereunder without the prior written consent of Contractor shall be voidable by Contractor, and shall not entitle any such subcontractor to enter upon the premises to perfonn any Work which Subcontractor has agreed to perfonn. Failure of Subcontractor to comply with this Article may be deemed by Contractor to be a material breach of this Agreement.
Should the Subcontractor propose to subcontract any porlion of the Work, such subcontractors must be satisfactory to the Owner and Contractor. Subcontractor shall submit in its proposal a list of subcontractors on whose Work ilS bid is based. Failure to submit said list shall be conclusive that Subcontractor intends to perform the Work with ilS own forces.
Nor.hing contained in this Agreement (or any other subcontract), shall create any contractual relationship between Contractor and any of Subcontractor's subcontractors or vendors, or create any obligation on the part of Contractor to pay or see to the payment of any sum to any subcontractor or vendor. Subcontractor shall protect, indemnify, and hold harmless Contractor, Its directors, partners, officers, agents, and employees from every kind and character of damages, lawsuits, expenses, demands, claims, and causes of action arising against Contractor, its directors, partners, officers, agents, and employees, and its other subcontractors, their officers, agents, and employees, or other persons, finns, or corporations whalSoever, arising out of the payment or non-payment of any funds to any subcontractor or vendor,
Subcontractor guarantees that ilS subcontractors will comply fully with the terms of this Agreement applicable to the portion of the Work performed by them. If any portion of the Work which has been subcontracted by Subcontractor is nm prosecuted in accordance with this Agreement, on request of Contractor the subcontractor shall be replaced at no additional cost to Contractor and shall not be employed again on the Work.
Subcontractor shall ensure that all benefits of its subcontracts, purchase orders, and other agreements are assignable to the Contractor or Owner, at the option of the Contractor.
If labor difficulties develop as a result of the existence of any subcontract, Subcontractor shall, upon Contractor's request, immediately 1enninate said subcontract without cost to Contractor, and make other arrangements to perform its obligations hereunder.
ARTICLE 18 • ASSIGNMENTS
The Subcontractor agrees that neither this Agreement nor any interest herein shall be assigned or transferred by it (including, but not limited to, monies that may become due or monies that are due), except with the prior written approval of the Contractor. The Subcontractor agrees that Contractor may assign this Agreement IO any person, firm, or corporation acquiring all or substantially all of the business and assets of Contractor, or to a subsidiary or affiliate of Contractor, or to the Owner; and that (if such assignment is made), this Agreement shall then continue in full force and effect between assignee and the Subcontractor. and no further liability shall thereafter accrue to the Contractor.
ARTICLE 19 • NONDISCLOSURE OF PROPRIETARY INFORMATION
Subcontractor shall consider all information obtained or learned through the providing of the Work and all information provided by Contractor and drawings. reports. studies, design calculations, specification, and other documents resulting from Subcontractor's performance of the Work to be proprietary unless such infonnation is available from public sources. Subcontractor shall not publish or disclose proprietary information for any purpose other than the perfonnance of the Work without the prior written authorization of ContractOr or unless in response to legal process.
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ARTICLE 20 -PERMITS AND LICENSES
Subcontractor shall obtain and pay for all pennits and licenses (as may be required to fully comply with all legal requirements, in connection with the prosecution of the Worlc), and shall furnish to any governmental agency any and all bonds and cash or other deposits required in the performance of the Work
ARTICLE 21 ·LAW AND REGULATIONS
Subcontractor (acting through its employees, agents, and subcontractors), shall at all times obseive and comply with all laws, ordinances, statutes, rules, and regulations of the United States and of the location at which the Work is perfonned.
ARTICLE 22 • CODES AND STANDARDS
Reference to the standards of any technical society, organization, or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative standard adopted and published at the effective date of the Agreement, unless specifically
stated otherwise.
ARTICLE 23 -TAXES
23.1 Subcontractor accepts full and exclusive liability as between itself and Contractor for the payment of any and all contributions or taxes which are measured by wages, salaries, or other remunerations paid to persons employed by Subcontractor or its subcontractors for the Work to be performed hereunder (or which arise by virtue of their employment), and which now or
hereafter may be imposed by the United States, any stale, or an)' subdivision thereof. Such contributions or taxes shall include, but not be limited to, those for Unemployment Insurance, Worker's Compensation, or for Old Age Retirement Benefits, Medicare, Disability, Pensions, or Annuities and Income Taxes. Subcontractor shall comply with all administrative regulations
relating to such subjects, and shall reimburse Contractor for any of such taxes or contributions which Contractor may be required to pay.
23.2 Unless otherwise specified in this Agreement, Subcontractor shall pay all sales taxes, use, haurdous waste, gross receipts, and any other taxes arising from the performance of this Agreement.
ARTICLE 24 -RECORD DOCLMENTS
Subcontractor shall maintain in a safe place at the site one record copy of all drawings, bills of material, specifications, addenda, written amendments, change orders, field orders and written interpretations made during construction. These record documents wgether with all final samples and a counterpan of all final shop drawings will be available to Contractor for reference. Upon completion of the Work, these record documents, samples and shop drawings shall be delivered to Contractor at its request.
Subcontractor shall provide Contractor with copies of all purchase orders pertaining 10 the Work. This requirement shall be incorporated into all subcontracts and purchase orders.
Subcontractor shall provide Contractor, at Subcontractor's expense, with copies of all documents and records which ic is required to file or maintain under any federal, state, or local law, for the offsite disposal of any waste material relating to the Work performed under the Agreement, including the handling, transportation, storage, treatment, and disposal of such waste material.
ARTICLE 25 • SITE SAFETY
Subcontractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Subcontractor shall take all necessary precautions for the safety of, and shall provide the necessary protec1ion to prevent damage, injury, or Joss to:
I.
2.
All persons on the Work site or who may be affected by the Work;
All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site: and
3. Other property at the site or adjacent thereto, including trees, shrubs, lavms, walks, pavements, roadways, structures,
utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.
Subcontractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury, or loss; and shall erect and maintain all necessary safeguards for such safety and
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protection. Subcontractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecu1ion of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their propeny. All damage, injury, or loss to any property referred to in this article caused, directly or indirectly, in whole or in part, by Subcontractor, any subcontractor, supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by Subcontractor (except damage or Joss attributable to the fault of c1ra...,;ngs or specifications or to the acts or omissions of Owner or Contraclor or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable. directly or indirectly, in whole or in pan, to the fault or negligence of Sulx:ontractor or any subcontrac1or, supplier, or other person or organization directly or indirectly employed by any of them). Subcontractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Contractor has issued a notice to Subcontractor that the Work is acceptable.
ARTICLE 26 • RESPONSIBILITY FOR WORK AREA AND CLEANUP
26.1
26.2
26,3
26.4
26.5
The Subcontractor agrees to continuously maintain the area of ilS Work in a safe, neat, and orderly manner, and to protect its Work and the property of the Contractor or Owner from injury or loss arising in connection with this Work. If at any time (in the
opinion of Contractor), the Work site is unsafe or otherwise unsatisfactory due to poor housekeeping on the part of Subcontractor, and if upon notice 10 correct such conditions Subcontractor fails to do so, such failure shall be deemed a breach of this Agreement. Contractor may suspend the Work until the unsafe or otherwise unsatisfactory condition is corrected, and/or order corrections ac Subcontractor's expense. No additional costs will be allowed for such suspension.
Subcontractor shall carry out (at its own expense) all drainage and pumping required to keep the Work dry during its perfonnance of the Work, and until accepted by Contrac1or.
Subcontractor shall dispose of all water, waste, rubbish, brush, debris, petroleum products, and excavated material at disposal
areas designated in the Subcontract Documents. In the absence of any provision therein, then disposal shall be at disposal areas approved by Contractor. Subcontractor shall dispose of all hazardous or toxic waste materials in strict ~ompliance with all federal, state, and local codes and regulations.
Subcontractor shall remove all dirt, grease, marks, and foreign materials from finished construc1ion Work. If Subcontractor fails to perfonn cleanup, Contractor may (al its option), order cleanup, and withhold the cost of such cleanup from any amounts
otherwise payable to Subcontractor.
Subcontractor shall make final cleanup, and remove its scaffolding, tools, and equipment After five (5) days' notification of any failure on the part of the Subcontractor to comply v.ith this Article, Contractor may elect to perfonn such Work and backcharge
Subcontraclor. Contractor may sell such items at auction or a private sale; and account only for net proceeds of such sale to Subcontractor, after deducting the expense of removal, storage, sale, and all other costs and expense.s that shall have been incurred by Contrac1or.
ARTICLE 27 -PROJECT SAFETY AND HEAL TH
Subcontractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection v.ith the Work. SubconlmCtor shall comply, and shall secure compliance by its employees, agents, and lower-tier subcontractors, with all applicable safety and health laws and regulations, including without limitation, Federal OSHA and equivalent OSHA state regulations, City and County ordinances and code.s, uniform fire c<xles, DOT regulations, Owner facility rules and regulations, and applicable guidance documents.
The Subcontractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safely and protec1ion, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying the owners and users of adjacent utilities.
Subcontractor shall notify Contractor promptly, in writing, if a charge of non-compliance has been filed against the Subcontractor in connec1ion with ilS perfonnance of the Work.
Subconiractor shall provide any and all "competen1 persons," as defined in 29 CFR 1926.32(0, required for 1he Work pursuant to applicable OSHA regulations. Such competent persons shall be capable of identifying existing and predictable hazards in the surroundings · or working conditions which are unsanitary, hazardous, or dangerous 10 employees and who has the authorization to take prompl corrective measures 10 elimina1e them. ·
Subcontractor shall be responsible for coordinating any exchange of material safely data sheets or other hazard communication
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information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations.
Nothing contained in the Anicle shall affect Subcontractor's status as an independent contractor. Subcontractor shall ensure that the provisions of this Article are made binding on all lower-tier subcontractors. Should Subcontractor fail to comply with applicable requirements as referenced above, such action or inaction shall be considered a material and substantial breach of the Agreement Should Subcontractor upon notice thereof negJect or refuse to take appropriate corrective action, Contractor or Owner shall have the right, but not the duty, to stop the Subcontractor's Work or any portion thereof, and/or correct the condition and backcharge all incident costs to Subcontractor's account. The Contractor shall have the right to remove or bar from the site any employee of Subcontractor or il's subcontractors for failure to comply with site safety and health requirements.
ARTICLE 28 -EMERGENCIES
In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, Subcontractor, without special instruction or authorization from Contractor or Owner, is obligated to act to prevent threatened damage, injury, or Joss. Subcontractor shall give Contractor prompt written notice if Subcontractor believes that any significant changes in the Work or variations from the Agreement have been caused thereby. If Contractor determines that a change in the Agreement is required because of the action taken in response to an emergency, a Change Order will be issued to document the consequences of such action.
ARTICLE 29 -LIABILITY AND INDEMNIF1CA TION
To the fullest extent provided by law, Subcontractor agrees to indemnify, hold hamlless, and defend Contractor and Owner, the affiliated companies of each, and all of their directors, officers, partners, employees, agents, and representatives from and against:
29.1
29.2
29.3
Any liability. loss, and expense arising by reason of claims by any party, including, but not limited to, government authorities, Subc0ntractor's subcontractors, the employees of Subcontractor and said subcontrac1ors, Contractor. Owner. or others of any actual or asserted failure of Subcontractor to comply with this Agreemenl or with any law, ordinance, regulation, rule. or order of any governmental or quasigovemmental body, having jurisdiction over this Agreement (including, but not limited to, actual or asserted failure of Subcontractor to pay uues).
All claims, costs, losses and damages, direct, indirect, or consequential (including. but not limited 10, fees and charges of engine.er, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising ou1 of or resulting from the performance of the Work, provided that any such claim, cost, loss, or damage: (i) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property (other than the Work itself), including the Joss of use resulting therefrom, and (ii) is caused in whole or in pan by any negligent act or omission of Subcontractor, any subcontractor. any supplier, any person or organization directly or indirectly employed by any of them to periorm or furnish any of the Work, pr anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by law and regulations regardless of the negligence of any such person or entity.
Any claim, liability, loss, or expense arising from actual or asserted infringement or improper appropriation or use by Owner, Contractor, or Subcontractor of trade secrets, proprietary information, know-how, copyright rights (both statutory and nonstalutory), or patented or unpatented inventions, or for actual or alleged unauthorized imitation of the work of others, arising out of the use or sale of materials, equipment, methods, processes, designs, information, or other things (including construction methods, construction equipment, and temporary construction facilities) furnished by Subcontractor or its subcontractors, or suppfien in or for the perfonnance of the Work.
29.4 In any and all claims against the Owner, the Contractor, or any of their agents or employees by any employee of the Subcontractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor or any subcontractor under workers' or workmen's compensation acts, disability benefil acts, or other employee benefit acts.
ARTICLE 30 • COORDINATION
Subcontractor recognizes that Contractor, Owner, other contractors, and subcontractors may be working concurrently at the Project Site. Subcontractor agrees 10 cooperate with ContTactor, Owner, and other contractors so that the Project as a whole 'Nill progress in accordance 'Nith the Project Schedule. Contractor reserves the right to direct Subcontractor to schedule the order of performance of i1s Work in su~h manner as not to interfere 'Nith the performance of others.
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ARTICLE 31 -CONTACT WITH OWNER
Subcontractor shall not contact Owner with regard to this Agreement. All project communications shall be made through, or with the prior approval of the Contractor. Contractor shall have no responsibility or liability for Work done by Subcontractor for Owner in contravention of this prohibition.
ARTICLE 32 -PUBLICITY
Subcontractor shall not engage in any publicity, advertising, or other promotional activities with respect to the Work, without the written consent of the Contractor. Under no circumstances shall the Subcontractor approach the Owner to obtain publicity privileges.
ARTICLE 33 -CHANGES
33.I
33.2
33.3
33.4
33.S
The Work shall be subject to change by additions, deletions, or revisions by Contractor. Subcontractor will be notified of such changes by receipt of additional and/or revised drawings, specifications, exhibits, or 'Nritten orders.
Subcontractor shall submit to Contractor within ten ( I 0) working days after receip1 of notice of a change, a detailed takeoff with supporting calculations and pricing for the change together with any adjustments in the schedule required for the pcrfonnance of Work as changed. The pricing shall be itemized as required by Contractor and shall be in sufficient detail to permit any analysis of all tabor, material, and equipment and shall cover all work involved in the change, whether such work was deleted, added or modified. Amounts related to subcontracts shall be supported in similar detail. In addition, if the proposal includes a time extension, a justification lherefor shall also be furnished. The basis of payment for changes, additions and deletions to the Work will be:
33.2.1 An agreed Lump Sum Price; or
33.2.2 At the option of c:;ontractor, at Unit Prices where prices have been set out in the Agreemen1 and are applicable, or at additional Unit Prices to be mutually agreed; or
33.2.3 If specifically authorized in advance in writing, Subcontractor may pelfonn additional Work on a "time and material"
basis. Charges to Contractor for time and material Work shall be the actual cost of all direct labor (including payroll burden), equipment, and material plus ten (I 0) percent of said additional costs. Allocation of home office general and administrative costs shall not be allowed. Subcontractor shall maintain accurate and detailed records, in a manner 'acceptable to Contractor, segregating the costs of additional Work. Subcontractor shall submit daily records to, and obtain the signature of, the Contractor's authorized representative at the end of each business day that time and material Work is performed.
Subcontractor shall not perform changes in the Work in accordance with Anicles 33.1 and 33.2 until Contractor has approved in writing the pricing for the change and any adjustment in the schedule for penormance of !he Work, except as set forth in Article 33.4. Upon receiving such written approval from Contractor, Subcontractor shall diligently perform the change in strict accordance with lhe Agreement.
Notwithstanding Article 33.3, Contractor may expressly authorize Subcontractor in writing to perform the change prior to such approval by Contractor. Subcontractor shall not suspend perfonnance of this Agreement during the review and negotiation of any change, except as may be directed by Contractor pursuant to Article 43, SUSPENSION OF WORK. In the event Contractor and Subcontractor are unable to reach agreement for pricing of a change, or time for performance of changed Work, Subcontractor shall comply with Article 46, OAIMS.
Changes which do not affect the cost or schedule of the Work may be undertaken pul"Suant to oral discussions between Subcontractor and Contractor. I( Subcontractor believes that any oral notice or instruction received from Contractor will involve a change in the cost, time 10 perform, or integrity of the Work, it shall require that the notice or instruction be given in writing and shall comply with the provisions of Articles 33.2, 33.3, and 33.4. Any costs incurred by Subcontractor to perform oral changes shall be for Subcontractor's account, and Subcontractor waives any and all rights to claim from Contractor or Owner for such costs or additional time to perform the Work as a result of compliance by Subcontractor with such oral changes.
ARTICLE 34 • DELAYS
In the event Subcontractor or Contractor is delayed in perfonning any of their respective obligations in lhis Agreement and such delay is caused by acts of God, war, riots, civil insurrection, acts of the public enemy, accidents, acts of civil or military authority, fires, flcxxls, or earthquakes, labor disputes, or by reason of the acts of another subcontractor performing Work under a contract with Contractor, or 1he
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acts of any other contractor or sJJbcontractor performing Work under a contract with Contractor or Owner, beyond the reasonable control of the pany delayed, such delay shall be excused and the period of such delay shall be added to the time for perfonnance of the obligation delayed, unless the date, schedule, or time period for perfonnance of the obligation is expressly stated in the Agreement to be guaranteed. In the even1 any such delay due to the foregoing causes or events occurs or is anticipated, the party delayed shall, at no cost to the other party, exercise due diligence to shorten and avoid the delay and shall keep the other party advised as to the continuance of the delay and steps taken to shorten or terminate the delay. Subcontractor shall noc in any event be entitled to additional or extra compensation by reason of Subcontractor having been delayed in performance of its obligations due to the foregoing causes or events whether such delay was excused or not. Subcontractor shall, within five (5) working days of the commencement or any such delay, give to Contractor written notice thereof and of the anticipated results thereof. Within two (2) working days of the tennination of any such delay, Subcontractor shall file a written notice with Contractor specifying the actual duration of the delay. If Contractor detemtines 1hat the delay was beyond the control and without the fault or negligence of Subcontracior and not foreseeable by Subcontrac1or at the effective date of this Agreement, Contractor shall detennine the duration of the delay and shall extend the time of performance of this Agreement thereby. Subcontractor shall not be entitled to, and hereby expressly waives re:covery of, any damages suffered by reason of the delays contemplated by this Article 34, and extension of time shall constitute Subcontractor's sole remedy for such delays. Contractor's sole liability and Subcontractors sole remedy under this Agreement for delays caused by Contractor or any of its subcontractors shall be an extension of time as provided in this Article 34,
ARTICLE 35 -GUARANTEES
35.1 Subcontractor guarantees all Work performed hereunder against defects in material or workmanship for a period of one year after the date of acceptance by Owner. All materials and equipment furnished by Subcontractor are guaranteed to be new, unused, and to confonn in all respects to lhe requirements of this Agreement. After receipt of written notice thereof, Subcontractor shall promptly make good any defects in Subcontractor-supplied material or workmanship which may develop during said one-year pericxl, and any damage to other work caused by such defects or the repairing of the same, all at Subcontractor's expense. Subcontractor shall assign to Contractor any and all rights under any warranties ii may have received or be entitled to from vendors of the materials and/or equipment incorporate.d into 1he Work. The guarantee sel forth in this Article shall apply to all replacement materials and equipment to the same extent as it applies to original Wor~ provided and shall extend for a period of one year beyond the date the replacement Work is complete.
35.2 If Subcontractor's Work is deemed defective, or otherwise fails 10 comply with the Subcontract Documents, or if Subcontractor fails in any way to perfonn according to the temlS hereof, Contraclor may (i) require Subcontractor 10 remedy such defect or failure at no expense to the Contractor within three (3) working days after receipt of written notice of such defect or failure, or (ii) Contractor may remedy such defect or failure, deduct the cost thereof from any amounts due or that become due Subcontractor, and recover any such excess cost from the Subcontractor. and (iii) at its election, Contractor may terminate this Agreement as provided in this Agreement. Cost to remedy a defect or failure shall include the repairs to other work damaged by such defect, or Subcontractor's failure to repair same.
ARTICLE 36 -INSPECTION AND ACCEPTANCE
36.1
36.2
36.3
All Work and materials shall be subject to Contractor's and Owner's right of inspection and approval, before and after installation. At their option, Owner and Contractor may exercise said right at Subcontractor's or vendor's shops, warehouse or storage facilities, and/or al the site or the Work. Subcontractor or vendors shall provide access to the Work and/or materials and reasonable facilities and assistance for the safety and convenience of Contractor's arid Owner's representa1ives, for such activities. If any statute, regulation, code, or legal agency requires any of the Work to be tested. inspected, or approved, Subcontractor shall give Contractor reasonable notice of the lime and place of such inspeclion or testing. Such inspection or testing shall be completed at Subcontractor's expense.
Within a reasonable time after receipl of notice from Subcontractor that the Work is completed and ready for inspection, testing, and acceptance, Contractor and/or Owner shall make such inspection, and may require such additional tests as they may deem necessary.
Neither the acceptance of the Work, nor any payment (including the final payment) under this Agreement, shall be construed to be an acceptance of defective ma1erial or workmanship. or shall be evidence of Subcontractor's satisfactory perfonnance of the Work, and shall not relieve Subcontractor of its obligations hereunder.
ARTICLE 37 -RISK OF LOSS
37.1 Contractor and Subcontractor agree that risk of loss of, or damage 10, the Work (by any cause) shall be home by the Subcontractor. Subcontractor shall be responsible for the state and condition of its Work until final acceptance by Contractor and OYl!ler. Upon completion of this Agreement, the Work shall be delivered complete and undamaged.
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A478-12
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37.2 Subcontractor shall exercise all due care in the performance of its Work described herein, In the event Subcontractor, directly or
indirectly, damages or causes to be damaged any portion of existing facilities at the Project Site or other work in progress,
Subcontractor shall immediately cause such damaged portions thereof to be repaired or replaced at no cost to Contractor or
Owner.
ARTICLE 38 • REMOVAL OF REJECTED MATERIALS
If, at any time during the progress of the Work, any materials are rejected, or if any Work is wholly or in part improperly constructed, then
the Subcontractor (at its expense) shall immediately remove and replace all rejected material. and shall re-execute all Work to conform to
this Agreement. Should Subcontractor neglect or refuse to remove or replace said rejected Work or materials within three (3) working days
after receipt of a wrinen request to do so, the Work or materials will be removed at the direction of the Contractor. and the cost thereof
(plus administrative charges) deducted from any monies due the Subcontracior. Subcontractor shall also bear the expense of making gocxl
all work of olher contractors, or of Contractor, destroyed or damaged by such re-execution.
ARTICLE 39 • PAYMENT
Terms of payment to the Subcontractor by the Contractor shall be that the Subcontractor may submit and deliver to Contractor wrinen
invoices (original and two copies unless OUlerwise noted) in accordance with the Schedule of Values for Work completed and stored in lhe
previous month (including fully-executed Change Orders) and accepted by Contractor's authorized representative. Each invoice, with
supporting documentation as required by Contractor, shall reference the Subcontract Number and reflect the cunent Subcontracl Sum
(total of original Subcontract Sum and fully-executed Change Orders).
If Contractor approves invoice thereof in whole or in part, payments, less retainage of ten (10) percent, shall be made to Subcontractor for
Work satisfactorily performed no later than ten (10) days after receipt by Contractor of payment from Owner for Subcontractor's Work to
the extent only that Contractor approves thereof. Approval and payment of Subcontractor's monthly estimate is specifically agreed not to
constitute or imply acceptance by the Contractor or Owner of any portion of the Subcontractor's Work.
The final invoice shall be marked "ANAL INVOICE" and accompanied by a fully-executed "Subcontractor's Final Affidavit of Release
and Waiver of Lien/Claims" reflecting 1he final Subcontract Sum. FinaJ payment will be made when the completed project is accepted by
the Owner, the Contractor has received any warranties and guarantees called for by the Subcontract Documents: the Subcontractor has
submitted completed lien waivers and affidavits from its subcontractors and suppliers in a form and extent satisfactory to the Owner and
Contractor; and the Contractor has received final payment from the Owner. Final payment shall not constitute acceptance of defective
worlc
It is intended and understood by the parties that Contractor's receipt of paymen1 from Owner is a condition precedent to any payment by
Contractor to Subcontractor.
The Subcontracmr agrees and covenants that money received for the perfonnance of this Agreement shall be used solely for the benefit of
persons and finns supplying labor, materials, supplies, tools, machines, equipment, plant, or services exclusively for this Project in
connection with this Agreement and having the right to assert liens or other claims against the land improvements, or funds involved in
this Project or against any bond or other security posted by Contractor or Owner; that any money paid to the Subcontractor pursuant to this
Agreement shall immediately 1?ocome and constitute a trust fund for the benefit of said persons and firms, and shall not in any instance be
diverted by the Subcontractor to any other purpose until all obligations and claims arising hereunder have been fully_discharged.
The Contractor may deduct from any amounts due or to become due to the Subcontractor any sum or sums owing by 1he Subcontractor to
the Contractor; and in the event of any breach by the Subcontrac1or of any provision or obligation of this Subcontract, or in the event of the
assertion by other parties of any claim or lien against the Owner. the Contractor. Contractor's Surety, or the premises upon which the Work
was performed, which claim or lien arises out of the Subcontractor's performance of this Agreement, the Contractor shall have the right,
but is not required, to retain out of any payments due or to become due to the Subcontractor an amount sufficient 10 completely protect the
Contractor from any and all loss. damage, or expense therefrom, until the claim or lien has been adjusted by the Subcontractor to the
satisfaction of the Contractor. This paragraph shall be applicable even though the Subcontractor has posted a 100% labor and material
payment bond and a performance bond.
ARTICLE 40 • LIENS
Subcontractor agrees to defend, hold harmless, and indemnify the Contractor and the Owner from all liens or claims arising out of or in
connection with the Work to be performed and materials fumish,ed by the Subcontractor. If, al any time, there shall be evidence of the
ex.istence (whether or not same has been asserted), or any lien or claim for which 1he Contractor, the Owner, or representative of the Owner
or any property of either, or any property installed on the site, might be or become liable, then the Contractor shall have the right 10 retain
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out of any payment then due or thereafter to become due under this Agreement (or under any other agreement between the parties hereto), an amount sufficient to discharge such lien or satisfy such claim, and to reimburse the Contractor or the Owner for all costs and expenses in connection therewith (including reasonable attorney's fees). If the amounts retained by the Contractor are insufficient to satisfy said lien or claim, or if any such lien or claim remains undischarged or unsatisfied after all payments have been made to the Subcontractor, then the Subcontractor shall promptly refund to the Contractor all monies that may be paid to dischargl! such lien or satisfy such claim (including all costs and expenses and reasonable attorney's fees), in connection therewith. Subcontractor funher agrees that Contractor shall have the right to withhold any monies payable by Contractor hereunder, and apply the same to the payment of any obligation of Subcontractor to Contractor.
ARTICLE 41 -ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Subcontractor of the final paymem shall release Owner and Contractor from all claims and all liability to Subcontractor for all things done or furnished in connection with the Work, and every acl of the Contractor and others relating to or arising out of the Work except claims previously made in writing and still unseuled. No paymenl, however, final or otherwise, shall operate to release Subcontrac1or from obligations under this Contract.
ARTICLE 42 -WARRANTY OF TITLE
No materials, supplies, services, or equipment (whether temporary or a pcnnanent part of the Work) shall be subject to any security ioteresl or conditional sales contract, or other agreement by which any interest therein or io any part thereof is retained by the seller-supplier. Subcontractor warrants good title to all materials, supplies, services, and equipmeni installed or delivered to the plant site together with all improvements and appurtenances construcled or placed thereon by Subcontractor. Such title shall be free of any claim, liens, or charges.
ARTICLE 43 -SUSPENSION OF WORK
43.1
43.2
43.3
43.4
Contractor may suspend the Work (in whole or in part), at any time by written or telegraphic notice to Subcontractor, stating the extent and effective date of such suspension. Upon receipt of such notice, Subcontractor shall suspend the Work to the extent specified and shall place no furthei orders or subcontracts relating thereto.
During the period of suspension, Subcontractor shall furnish only site protection Work and perfonn only such Work as Contractor may direct. If requested by Contractor. Subcontractor shall furnish full data on the status of all outstanding Subcontractor commitments.
Within ten (ID) days after resumption of Work, Subcontractor shall furnish fully-supported documentation for any additional costs sustained. or extension of schedule required. by reason of the suspension. Contractor shall present all such costs to Owner, and reimburse Subcontractor for costs allowed by Owner.
Neither Contractor nor Owner shall be held liable for any damage or loss of anticipated profi1 because of the Work being suspended,
ARTICLE 44 -TERMINATION FOR CONVENIENCE
44.1 Contractor may (for its convenience), with or without cause, tenninate the Work in whole or in part at any time by 'Nlitten or telegraphic notice to Subcontraclor. Upon receipt of such notice, Subcontractor shall (i) stop all Work and place no funher orders or subcontracts for materials, services, equipment, or supplies (except as may be necessary to complete portions of the Worlc. not tenninated); (ii) assign to Contractor in the manner and to the extent directed all of the rights of Subcontractor under work orders, purchase orders, or subcontracts relating to the terminated portions of the Worlc; (iii) temtinate work orders, purchase orders, or subcontracts outstanding to the extent that they relate to the tenninated portion of the Work and are not assigned 10 Contractor; (iv) lake any necessary action to protect property in Subcontractor's possession in which Contractor has or may acquire an interest; (v) complete perfonnance of the unterminated portion of the Work; and (vi) lake any other action toward termination of the Work which Contractor may direct.
44.2 After receipt of notice of tennination, Subcontractor shall submil to Contractor its written 1ennination claim. in the fonn and with the certification Contractor may pre.scribe. Such claim shall be submitted promptly, but in no event more than ninety (90) days after the effective date of termination.
44.3 In the event of tennination under this Article, Contractor will pay Subcontractor (as full satisfaction of its obligation to Subcontractor), costs incurred by the Subcontractor in the perfonnance of this Agreement (prior to the effective date of tennination) and approved to date by the Contractor. and other reasonable costs pertaining to the Work which Subcontractor
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must incUT as a result of termination (for Work satisfactorily perfonned by Subcont~ctor) and approved by the Contractor, less all monies heretofore paid by Contractor to Subcontractor, and also less amounts owed 10 Contractor under the Agreement. Total payments to the Subcontractor, including charges under this Anic!e, shall not exceed the approved Subcontract Sum to date. Subcontractor's costs shall be subject to audit by Contractor's accountants and cost engineers. Subcontractor shall not be entitled to overhead or profit on uncompleted Work, and shall receive no reimbursement for bidding, estimating, engineering, or proposal costs.
ARTICLE 45 • TERMINATION FOR DEFAULT
45.1
45.2
Contractor shall have the right (in its sole and absolute discretion) 10 terminate the Work and cancel this Agreement upon the happening of any of the following events:
4S.1.1 Should the Subcontractor (at any time) (i) be adjudged bankrupt or become insolvent; or (ii) refuse or neglect to supply a sufficient number of skilled workmen or qualified personnel: or (iii) fail to provide n sufficient quantity of materials of proper quality; or (iv) subcontract all or a part of the Work to other subcontractors without prior \.Vntten approval of the Contractor, or (v) perpetrate a fraud in any manner upon the Contractor, or (vi) fail in any respect to prosecute the Work covered by this Agreement with promptness and diligence, and in a good and workmanlike manner, and to the satisfaction of the Contractor; or (vii) fail in the perfonnance of any of the covenants contained in this Agreement: the Contractor may (al its option and Wlthout prejudice to other rights and remedies), terminate the employment of the Subcontractor for the Work. Contractor shall have the right to enter upon the premises and take possession of all the material, tools, and appliances thereon, and may employ any other person or persons to provide the materials therefore and to complete the Work under this Agreement.
45.1.2 In case of such termination, the Subcontractor shall not be entitled to receive any further payment under this Agreement until the Work shall be wholly finished. At that time, should the unpaid balance of the amount 10 be paid under this Agreement ellceed the expenses incurred by the Contractor in correcting and/or completing the Work, such excess shall be paid by the Contractor to the Subcontractor, but if such expense exceeds such unpaid balance, then the Subcontractor shall pay the difference to the Contractor. The expense incurred by the Contractor (as herein provided), either for furnis~ng materials or for finishing the Work (including any other additional costs and all actual and liquidated damages incurred by such default), shall be chargeable to, and paid by, said Subcontractor. Contractor shall have a lien, a right of attachment. a right of retention, or other security interest in or upon the materials, tools, and appliances taken possession of (as aforesaid) to secure the payment thereof. ·
45.1.J In the case of the tennination pursuant to this Anicle, the guarantees required of Subcontractor under Anicle 35, GUARANTEES, shall survive such tennination for the portion of the Subcontractoi's Work then completed at the 1ime of tennination.
In the event of tennination, !he Subcontractor and its sureties shall be liable to reimburse and to pay the Contractor for all extra costs and expenses, and for all actual and liquidated damages caused by 1he Subcontractor's delay and failure to complete the Work and to perform in strict accordance wilh the provisions of this Agreement. Contractor shall reimburse Subcontractor (as compensation for the Work perfonned prior to said tennination) an amount which will reimburse Subcontractor for all reasonable costs and expenses incurred by Subcontractor, but not more tha;:i that portion of the Subcontract Sum which is in proportion to the Work satisfactorily perfonned prior to said termination, or amounr as may be mutually agreed upon by Subcontractor and Contractor, The making of such payment by the Contractor shall release it in full from all liability to the Subcontractor.
ARTICLE 46 • CLAIMS
Subject to the provisions of Anicle 33, CHANGES, Subcontractor shall give Contractor wrinen notice within five (5) working days after the happening of any event which Subcontractor believe:. may give rise to a claim by Subcontractor for an increase in the Subcontract Sum or in the scheduled time for performance. Within ten (10) working days after the happening of such event, Subcontractor shall supply Contractor with a statement supponing Subcontractor's claim, which statement shall include Subcontractor's detailed estimate of the change in Subcontract Sum and scheduled time. Subcontractor shall substantiate its claim with payroll documents, paid invoices, receipts, records of performance, and other documents satisfactory to Contractor and subject to its verification. Contractor shall not be liable for, and Subcontractor hereby waives, any claim or potential claim of Subcontractor which was not reported by Subcontractor in accordance with the provisions of this Article. The parties shall negotiate in good faith 10 reach an agreement, but in no case, except with Contrac1or's prior written consent, shall any Work be halted pending such agreement, whether or not the claim can be resolved to Subcontractor's satisfaction, and Subcontractor shall be bound by the tenns and conditions of this Agreement to prosecu1e the Work without delay to its successful completion. Contractor shall not be bound to any adjustments in the Subcontract Sum or scheduled time for Subcontractor's
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claim unless expressly agreed to by Contractor in writing. No claim hereunder by Subcontractor shall be allowed if asserted after final payment under this Agreement. Subcontrac1or's remedies are limited to those expressly set forth in this Agreement.
ARTICLE 47 • AUDIT RIGHTS
Subcontractor shall keep a complete set of accounts and records (confonning to accepted accounting principles) showing receipts and disbursements under this Agreement. If this Agreement provides for compensation on a cost basis, or if Subcontractor claims additional compensation from Contractor under any provision of this Agreemem, Contractor and/or Owner shall be afforded the right to inspect all books and records of Subcontractor relating 10 this Agreement, as a condition precedent to any obligation of Contractor to make payment therefore. Subcontractor's books and records shall be subject to audit by duly-authorized representatives of Contractor and/or Owner (or by independent certified public accountants), at all reasonable times during nonnal business hours at Subcontractor's field or home office and for a period of two (2) years after receipt of final payment from Comrnctor.
ARTICLE 48 • CAPTIONS
Captions and titles in this Agreement are for convenience only, and are not to be used as an interpretation of any provisions hereunder.
ARTICLE 49 • NON-WAIVER
A waiver by either Subcontractor or Contractor of any breach of this Agreement shall nOI be binding upon the waiving party unless such waiver is in vniting. In the event of a written waiver. such a waiver shall not affect the waiving party's rights with respect to any other or further breach.
ARTICLE 50 • SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion of this Agreement void, shall in no way affect the validity or enforceability of any other provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the panicular portion or provision held to be void. The panies further agree to refoim. the Agreement to ·replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision.
ARTICLE 51 • TIDRD PARTY RIGHTS
Nothing herein shall be construed to give any rights or benefits to anyone other than Owner, Co_ntractor, and Subcontractor.
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I Attachment F
Special Conditions
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ATTACHMENT F
SPECIAL CONDITIONS
These Special Conditions amend or supplement the General Terms and Conditions and other provisions of the
Subcontract Documents. All provisions not so amended or modified remain in full force and effect.
SC-1.0. DEFINITIONS.
The terms used in these Special Conditions that are defined in the General Terms and Conditions have the same
meanings assigned to them in the General Terms and Conditions, unless a modification of that definition is made herein.
SC-I. I. DEFINITION ADDITIONS.
Subcontract Time -"Subcontract Time" shall mean the number of days or the date stated in the Agreement for the
completion of the Work. The Subcontract Time will commence to run on the thirtieth day after the date Contractor
executes the Subcontract, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed.
SC-2.0 BONDS.
The following information is applicable to Article 9 -Bonds.
SC-2.1 PERFORMANCE AND PAYMENT BONDS.
Subcontractor shall furnish performance and payment Bonds, each in an amount at least equal to the Subcontract Sum as
security for the faithful performance and payment of all Subcontractor's obligations under the Subcontract Documents.
These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as
otherwise provided by Law or Regulation or by the Subcontract Documents. All Bonds shall be in the forms prescribed
by Law or Regulation or by the Subcontract Documents and be executed by such sureties as are named in the current list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies" as published in Circular 570 (amended) by the Audit Staffi'Bureau of Accounts, U.S. Treasury Department.
All Bonds signed by an agent must be accompanied by a certified copy of the authority to act.
If the surety on any Bond furnished b_y Subcontractor is declared a bankrupt or becomes insolvent or its right to do
business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of this
paragraph, Subcontractor shall within five days thereafter substitute another Bond and Surety, both of which must be
acceptable to Contractor.
SC-3.0 LABOR, MATERIALS. AND EQUIPMENT.
No Work shall be performed between 6:00 p.m. and 7:00 a.m. nor on Sundays or legal holidays without approval of
Contractor. However, emergency work may be performed without prior approval. Night Work may be undertaken as a
regular procedure with the approval of Contractor; such approval, however, may be revoked at any time by Contractor if
Subcontractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the Work
at night.
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SC-4.0. CONTRACTOR'S STATUS DURJNG CONSTRUCTION.
Duties and Responsibilities:
4.1 The duties and responsibilities and the limitations of authority of Contractor during construction are set forth in the Subcontract Documents and shall not be extended without written consent of Contractor.
Visits to Site:
4.2 Contractor will make visits to the site at intervals appropriate to the various stages of construction as Contractor deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Subcontractor's executed Work. Based on information obtained during such visits and observations,
Contractor will endeavor to determine, in general, if the Work is proceeding in accordance with the Subcontract Documents. Contractor will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. Contractor's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Subcontract Documents. On the basis of such visits and on-site observations, Contractor will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Werle
Project Representative:
4.3 Contractor will furnish a Resident Project Representative in order to observe the progress and quality of the various aspects of Subcontractor's Work. Based on information obtained from these observations, Contractor will determine, in general, if the Work is proceeding in accordance with the Subcontract Documents. Contractor's efforts will be to guard Owner against defective Work and to provide the Owner a greater degree of confidence that the completed Work will conform generally to the Subcontract Documents.
The Resident Project Representative will serve as the Contractor's liaison with Subcontractor, working principally through Subcontractor's superintendent. The Resident Project Representative's dealings with lower-tier subcontractors shall only be through or with the full knowledge of Subcontractor. Written c~mmunication with the Owner will be only through or as directed by Contractor.
The Resident Project Representative will:
a.
b.
Identify any Work that is unsatisfactory, faulty, or defective or does not conform to the Subcontract
Documents or does not meet the requirements of any inspections or tests.
Verify that tests and other required documentation are provided as required by the Subcontract
Documents.
Subcontract Documents
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C, Provide Subcontractor with Contractor's clarification and interpretations of the Subcontract
Documents.
d. Attend onsite conferences and inspections.
e. Review applications for payment with Subcontractor and forward them, with recommendations, to
Contractor.
Detenninations for Unit Prices:
4.4 Contractor will detennine the quantities and classifications of unit price Work perfonned by Subcontractor.
Contractor will review with Subcontractor Contractor's preliminary detenninations on such matters before rendering a
written decision thereon (by processing of an application for payment or otherwise). Contractor's written decisions
thereon will be final and binding upon Subcontractor, unless, within ten days after the date of any such decision,
Subcontractor delivers to the Contractor written notice of intention to appeal from such a decision.
Limitations on Contractor's Responsibilities:
4.5 Except as specified in the Subcontract Documents, neither Contractor's authority to act under this Article or under
any other provision of the Subcontract Documents nor any decision made by Contractor in good faith either to exercise
or not exercise such authority shall give rise to any duty or responsibility of Contractor to Subcontractor, any of its sub-
contractor, any supplier, or any other person or organization perfonning any of the Work, or to any surety for any of
them. Contractor's duties and responsibilities are solely for the benefit of Owner.
4.6 Contractor will not be responsible for the acts or omissions of Subcontractor or of any lower-tier subcontractor,
any supplier, or of any other perso!' or organization perfonning or furnishing any of the Work.
4.7 Except as specified in the Subcontract Documents, Contractor will not have authority over or be responsible for
Subcontractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and
programs incident thereto. Contractor will not have authority over or be responsible for any failure of Subcontractor to
comply with laws and regulations, applicable to the furnishing or perfonnance of the Work. Contractor will not be
responsible for Subcontractor's failure to perfonn or furnish the Work in accordance with the Subcontract Documents.
SC-5.0. PAYMENT.
The following infonnation is applicable to Article 39 .0 -Payment
SC-5.1. PROGRESS PAYMENTS.
Subcontractor shall include a payment clause in its subcontracts that obligates Subcontractor to pay its subcontractors for
satisfactory perfonnance under its subcontracts not later than seven days from receipt of payment out of such amounts as
are paid Subcontractor under this Agreement.
Subcontract Documents
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SC-6.0 SUBSTANTIAL COMPLETION.
To be considered substantially complete, the following portions of the Work must be operational and ready for Owner's
or Contractor's continuous use as intended:
Soil removal and clean fill in place.
Portions of the Work not essential to facility operation, which can be completed without interruption of facility
operations, may be completed after the Work is accepted as substantially complete, and may include the following items:
Remedial Action Report acceptance by EPA and readiness for final payment. ·
SC-7.0. PARTIAL UTILIZATION.
Owner or Contractor may need to use the following portions of the Work prior to Substantial Completion of all the
Work.
Owner's or Contractor's use of any facilities so identified in the Subcontract Documents will not be grounds for
extension of the time for performance of the Work or changes in the Subcontract Sum.
Guarantee periods for accepted or substantially completed Work, including mechanical and electrical equipment, will
commence upon the start of continuous use by Owner or Contractor.
SC-8.0 GIVING NOTICE.
Written communications to Contractor shall be delivered to Joseph Slykerman at I 145 Sanctuary Parkway, Suite 475,
Alpharetta, Georgia, 30004.
SC-9.0 State and Local Taxes
In accordance with FAR 29.303 and FAR 31.205-41, the Subcontractor or any lower-tier subcontractor under this
Agreement shall not be reimbursed for payment of any State and local taxes for which an exemption is available. The
Subcontractor is responsible for determining the availability of State and local tax exemptions and obtaining such
exemptions, if available. The Subcontractor shall include this paragraph, suitable modified to identify the parties, in all
lower-tier subcontracts. The Subcontractor shall notify the Engineer if problems arise in obtaining a State and local tax
exemption. The Subcontractor may seek a waiver, through Engineer, by the EPA from this requirement if the
administrative burden of seeking an exemption appears to outweigh the potential savings to the Government.
SC-10.0. OWNER'S PROPERTY.
Title to all property, including material obtained from the U.S. General Services Administration supply sources,
furnished by Owner to Subcontractor, either directly or through Contractor, shall remain with Owner. Subcontractor
shall control, protect, preserve and maintain such property in accordance with the requirements of Contractor's
equipment management system and shall be liable for and indemnify Contractor for, any loss or damage to such property
excepting reasonable wear and tear. Subcontractor agrees that (i) upon completion of the Work required under the
Subcontract Documents or at such times designated by Contractor, all such property will be returned to Contractor in a
Subcontract Documents
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state free from contamination by any hazardous or toxic substances, (ii) it shall certify in writing that such property is
free from contamination by any hazardous or toxic substances, and (ii) it shall indemnify Contractor for any costs or
damages incurred by Contractor as a consequence of Subcontractor's failure to comply with this paragraph.
SC-I 1.0 WORKING FILES
Subcontractor shall maintain accurate working files containing documentation of all Work, including calculations,
assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of the
Work. Subcontractor shall provide the information contained in its working files to Contractor upon request of
Contractor.
SC-12.0 DATA
Subcontractor hereby agrees to deliver to Contractor within thirty (30) days after the completion of the Work or as
otherwise requested to .do so by Contractor the following documents:
o All originals and copies, and all abstracts and excerpts therefrom, of all information supplied to Subcontractor
by Contractor and specifically designated "Confidential Business Information", pursuant to the article entitled
"Treatment of Confidential Business Information".
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All originals (iforiginals are unavailable, copies will be acceptable) of all data defined below which is pertinent
to the support of the Emergency Response Program and has been furnished to Subcontractor by Contractor or
EPA or has been generated by Subcontractor in performance of the Work. In the event that there is any.
disagreement as to whether certain data is considered pertinent, Contractor, working in conjunction with the
EPA Project Officer, shall make the final determination. This determination shall not be subject to the terms of
the Article entitled "Disputes".
"Data", as used in this Article, means recorded information, regardless of form or the media on which it may be
recorded. The term includes technical data and computer software. The term does not include information
incidental to administration of this Agreement, such as financial, administrative, cost or pricing, or management
information.
Copies of all other types of additional data, including but not limited to: reference materials, source lists, field
notes, log books, chemical data, maps, and photographs pursuant to the clause "Additional Data Requirements"
(52.227-16).
Upon receipt of all data provided Contractor by Subcontractor under this paragraph, Contractor shall
acknowledge in writing to Subcontractor the receipt of all confidential or other data.
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SC-13.0 SUBCONTRACTOR ACCOUNTING SYSTEM
Subcontractor shall employ an accounting system for this Agreement to identify and record site specific expenditures on
a site specific activity basis. Site specific expenditure documentation must be readily retrievable and sufficiently
identifiable to enable cross referencing with payment vouchers for purposes of cost recovery litigations.
SC-14.0 TREATMENT OF CONFIDENTlAL BUSINESS INFORMATION
Contractor may receive confidential business information from_EPA necessary to carry out the Work. Contractor may,
in tum, disclose this information to Subcontractor. Subcontractor agrees to use the confidential information only under
the following conditions:
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Subcontractor and Subcontractor's employees shall: (a) use the confidential information only for the purposes
of carrying out the Work; (b) not disclose the information to anyone other than Contractor or EPA employees
without prior written approval of the Assistant General Counsel for Contracts and Information Law; and
(c) return to Contractor all copies of the information, and any abstracts or excerpts therefrom whenever the
information is no longer required by Subcontractor for the performance of the Work, or upon termination of
this Agreement.
Subcontractor shall obtain a written agreement to honor the above limitations from each of Subcontractor's
employees who will have access to the information before the employee is allowed access.
Subcontractor agrees that the conditions conc_erning the use and disclosure of confidential information in this
Agreement are included for the benefit of, and shall be enforceable by EPA, Contractor, or any affected
business having a proprietary interest in the information.
o Subcontractor shall not use any confidential information supplied by Contractor or EPA or obtained during
performance hereunder to compete with any business to which the confidential information relates.
Subcontractor agrees to obtain the written consent of Contractor prior to entering into any lower-tier subcontract that
will involve the disclosure of confidential business information by Subcontractor to the lower-tier subcontractor.
Subcontractor agrees to include this clause, including this paragraph, in all lower-tier subcontracts awarded, pursuant to
this Agreement, that require the furnishing of confidential business information to the lower-tier subcontractor.
SC-15.0 RELEASE OF SUBCONTRACTOR CONFIDENTlAL BUSINESS INFORMATION
The EPA may find it necessary to release information submitted by Subcontractor, pursuant to the provisions of the
Prime Contract, to individuals not employed by the EPA or Contractor. Business information that is ordinarily entitled
to confidential treatment under existing EPA regulations (40 CFR Part 2) may be included in the information released to
these individuals. Accordingly, by signature on this Agreement, Subcontractor hereby consents to a limited release of its
confidential business information.
Possible circumstances where EPA may release the Subcontractor's confidential business information include, but are
not limited to, the following:
Subcontract Documents
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(IO)
To other EPA contractors tasked with assisting the EPA in the recovery of federal funds expended pursuant to
the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9607, as
amended, (CERCLA or Superfund).
To the U.S. Department of Justice (DOJ) and contractors employed by DOJ for use in advising EPA and
representing the EPA in proceedings for the recovery of Superfund expenditures.
To parties liable, or potentially liable, for costs under CERCLA Section 107 (42 U.S.C. Section 9607), et al,
and their insurers (Potentially Responsible Parties) for purposes of facilitating settlement of claims against such
parties.
To other EPA contractors requiring access to information EPA obtained under the Clean Air Act (42 U.S.C.
7401 et seq.); the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); the Safe Drinking Water Act
(42 U.S.<;:. 300f et seq.); the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); or the Toxic Substances Control Act (15
U.S.C. 2601 et seq.).
To other EPA contractors tasked with assisting the EPA in handling and processing information and documents
in the administration of EPA contracts, such as providing both preaward and post award audit support and
specialized technical support to the EPA's technical evaluation panels.
To employees of grantees working at EPA under the Senior Environmental Enrollee (SEE) Program.
The Speaker of the House, President of the Senate, or Chairman ofa Committee or Subcommittees.
To entities such as the General Accounting Office, boards of contract appeals, and the Courts in the resolution
of solicitation or contract protesis and disputes.
To EPA contractor employees engaged in information systems analysis, development, operation, and
maintenance, including performing data processing and management functions for the EPA.
Pursuant to a court order or court-supervised agreement.
The EPA recognizes an obligation to protect the Subcontractor from competitive harm that may result from the release
of such information to a competitor. EPA will permit the release of confidential business information only pursuant to a
confidentiality agreement executed by the individuals that will handle confidential business information. Known
exceptions include parties receiving confidential business information under subparagraphs (6), (7), (8), and (10) above.
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With respect to contractors, the confidentiality agreements will preclude further disclosure of the information. With respect to Potentially Responsible Parties, such confidentiality agreements may permit further disclosure to accounting firms and technical experts able to analyze the information, provided they also agree to be bound by an appropriate confidentiality agreement.
This clause does not authorize· EPA to release the Subcontractor's confidential business information to the public pursuant to a request filed under the Freedom of Information Act.
The Subcontractor agrees to include this clause, including this paragraph, in all lower-tier subc?ntracts at all levels awarded pursuant to this Agreement that require the furnishing of confidential business information by the lower-tier subcontractor.
SC-16.0 PUBLICITY
No publicity or advertising, including releasing any information to the news media or publishing or delivering technical papers, regarding any Work under or relating to the Agreement shall be released by the Subcontractor without the prior approval of Contractor.
Subcontractor also agrees to acknowledge EPA support whenever the work funded in whole or in part by this Agreement is publicized in any media, subsequent to approval from Contractor for such publicity.
SC-17.0 DISPUTES
17.1 Disputes Under This Agreement. Except with respect to disputes under the Paragraph "Disputes Under The Prime
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Contract" below, the parties may pursue their respective: remedies at law or equity for any claim, controversy, or dispute I concerning questions of fact or law arising out of or relating to (a) this Agreement, (b) performance by either party hereunder, or (c) the threatened, alleged, or actual breach thereof by either party, which is not disposed of by mutual agreement.
17.2 Disputes Under The Prime Contract. The Prime Contract includes a disputes clause (FAR 52.233-1, "Disputes Alternate I"), pursuant to which Contractor may pursue certain procedures in the event of a dispute between EPA and Contractor with respect to questions of law or fact relating to the Prime Contract. Any final decision of EPA under the Prime Contract relating to this Agreement or Subcontractor's performance hereunder shall be conclusive and binding upon Subcontractor, and Contractor shall notify Subcontractor of any such final dedsion within ten (IO) days of Engineer's receipt thereof.
Subcontractor agrees that it is subject to and bound by the disputes clause referenced above.
SC-18.0 RETENTION AND AVAILABILITY OF SUBCONTRACTOR FILES
Subcontractor 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, Subcontractor's cost and performance records may become an integral part of the Government's case.
Subcontract Documents
Ram Leather Care
F-8
048369.01.31
December 2005
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Accordingly, due to the extended nature of court proceedings and EPA audit requirements, Subcontractor shall make
available all audit and financial information relative to the Work for a total of 10 years after fmal payment.
In addition, Subcontractor shall make available the records relating to any appeals, litigation, or the settlement of claims
with third parties and which relate to this Agreement (i.e., cost recovery) until such appeals, litigation, or claims are
disposed of.
Subcontractor shall not destroy original financial records relating to the Agreement until (I) all litigation involving the
records has been finally settled and approval is obtained from Contractor or (2) ten (IO) years have passed from the date
of final payment and no litigation involving the records has been instituted and approval of Contractor is obtained. In no
event should individual financial records be destroyed iflitigation is in process or is pending related to such records.
From time to time, the Government may, in support of litigation cases, have the need for Subcontractor to research and
make available such records in a form and manner not normally maintained by Subcontractor. Such effort shall be
deemed to be within the scope of work under this Agreement. If this effort is required after performance of this
Agreement, a separate negotiated procurement action may be instituted with Subcontractor.
I The final invoice ( completion voucher) submitted hereunder, after physical completion of the Agreement within the
stated period of performance, will represent the final claim under this Agreement.
Subcontractor shall include this Article, including this paragraph, in all lower tier subcontracts over$ I 0,000.
SC-19.0 ORGANIZATIONAL CONFLICTS OF INTEREST
Subcontractor warrants that, to the best of its 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 Subcontractor has
disclosed all such relevant information.
Prior to commencement of any services, Subcontractor agrees to notify Engineer immediately that, to the best of its
knowledge and belief, no actual or potential conflict of interest exists or to identify to Engineer any actual or potential
conflict of interest the firm may have. In emergency situations, however, services may begin with the written permission
of Engineer, but notification shall be made within five (5) working days.
Subcontractor agrees that if an actual or potential organizational conflict of interest is identified during performance of
the services, Subcontractor will immediately make a full disclosure in writing to Engineer. This disclosure shall include
a description of actions which the Subcontractor has taken or proposes to take, after consultation with Engineer, to
avoid, mitigate, or neutralize the actual or potential conflict of interest. Subcontractor shall continue performance until
notified by Engineer of any contrary action to be taken.
Subcontract Documents
Ram Leather Care
F-9
048369.01.31
December 2005
Engineer may terminate this Subcontract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If Subcontractor 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 it or misrepresented relevant information to Engineer, the Engineer may terminate the Subcontract for default or pursue such other remedies as may be permitted by law or this Subcontract.
Subcontractor agrees to insert in each lower-tier subcontract or consultant agreement placed hereunder, except for subcontracts or consultant agreements for 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, unless otherwise authorized by Engineer.
SC-20.0 FUTURE EXPERT CONSUL TING SERVICES
It is recognized tha, subsequent to the performance period of this Agreemen, the need may arise to provide expert testimony during hearings and/or court proceedings involving site-specific activities or other matters, with regard to which personnel provided by the Subcontractor under this Agreement (including lower-tier subcontractor personnel) would have gained expertise as a result of Work performed under this Agreement. Therefore, Subcontractor agrees to make available expert consulting services in support of such future proceedings, and to enter into intent agreements as necessary with lower-tier subcontractors to ensure the availability of their personnel, provided under this Agreemen, to provide expert consulting services. Agreement to provide such services in the future serves as a notice of intent only. Such services are not purchased hereby and will be obtained through a separate contractual agreement.
SC-21.0 UTILIZATION OF RURAL AREA SMALL BUSINESS CONCERNS
"Rural area small business concern", as used in this paragraph, means a small business concern that is located and conducts its principal operations in a rural geographic area (county or parish) listed in the Small Business Administration's Listing of Non-Metropolitan Rural Counties by State.
"Small business concern", as used in this paragraph 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 qualified as a small business under the criteria and size standard in 13 CFR I 2 I.
It is the policy of the EPA that rural area small business concerns shall have the maximum practicable opportunity to participate in performing contracts awarded by EPA. The Subcontractor shall use its best efforts to give rural area small
business concerns the opportunity to participate in the lower-tier subcontracts it awards to the fullest extent consistent
with efficient performance of the Prime Contract. The Subcontractor shall incorporate the substance of this clause in any subcontract that may provide for additional subcontracting opportunities.
SC-22.0 UTILIZATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
It is the policy of the EPA that historically black colleges and universities shall have the maximum practicable
opportunity to participate in performing contracts awarded by the Agency. The Subcontractor shall use its best efforts to give historically black colleges and universities the opportunity to participate in any lower-tier subcontracts awarded to
Subcontract Documents
Ram Leather Care
F-10
048369.01.31
December 2005
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the fullest extent consistent with efficient perfonnance of the Prime Contract. The Subcontractor shall incorporate the
substance of this clause in any lower-tier subcontracts which may provide for additional subcontracting opportunities.
SC-23.0 SUBCONTRACTING REPORTS--SMALL BUSINESSES AND SMALL DISADVANTAGED
BUSINESSES
Subcontractor shall submit a report for second-tier subcontracting under this Subcontract to Contractor. Subcontractor
shall submit subcontracting reports on EPA Standard Fonn 294, semi-annually, and Fonn 295, quarterly or on other
fonns and at times specified by Contractor. The reports shall be prepared in accordance with the general instructions on
the reverse side of each fonn.
Subcontract Documents
Ram Leather Care
F-11
048369.0 l.31
December 2005
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Attachment G
Safety and Health Requirements
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ATTACHMENT G
SAFETY AND HEAL TH REQUIREMENTS
1.0 Safety. Health. and Accident Prevention. Subcontractor understands that the Work to be perfonned involves hazardous substances or hazardous waste. Subcontractor shall place the highest priority on safety and health and shall maintain a safe working environment during perfonnance of the Work. Subcontractor shall comply, and shall secure compliance by its employees, agents, and lower-tier subcontractors, with all applicable safety and health laws and regulations, including without limitation, Federal OSHA (including 29 CFR 1910.120 or 1926.65) and equivalent OSHA state regulations. City and County ordinances and codes, unifonn fire codes, DOT regulations, Owner facility rules and regulations, and applicable guidance documents.
Contractor will implement and coordinate a Project Safety and Health Program applicable to all subcontractors at the project site and will resolve conflicts regarding safety and health measures and practices. The Ptoject Safety and Health Ptogram is included as Attachment H. The Project Safety and Health Program is an administrative process that generally follows the requirements of the Occupational Safety and Health Act (OSHA) of 1970. There are, however, reporting requirements and elements of the program that exceed the applicable OSHA standards. These include, but are not limited to, the following:
Mandatory personal protective equipment which includes shirts, pants, hard hats, safety shoes, and safety glasses.
The use of fuH body harnesses and lanyards with double locking snap hooks and deceleration devices in lieu of safety belts for fall protection.
The exclusive use of ground fault circuit interrupters on all cord and plug tools and equipment regardless of the power source.
The use ofa Job Hazard Analysis System to preplan safety into major Work operations.
Subcontractor shall implement and maintain a written Safety, Health, and Accident Prevention Program specifically applicable to the Work which shall be in accordance with the Project Safety and Health Ptogram. Subcontractor's program shall meet the requirements of the codes and regulations of federal, state, local, and other authorities having jurisdiction over this Work. Subcontractor's Safety, Health, and Accident Prevention Program shall include disciplinary procedures and safety orientation training procedures applicable to Subcontractor and lower-tier subcontractor personnel.
Subcontractor's Safety, Health. and Accident Prevention Ptogram shall include equipment to be used, sampling strategy and calculations, methods of compliance, and personnel protective equipment. The calibration, sampling, and analytical laboratory procedures used shall be in confonnance with OSHA's Technical Manual and the Project Safety and Health Program.
Subcontractor's Safety, Health, and Accident Ptevention Program shall be submitted for review by Contractor 30 days prior to the start of the Work at the project site. This review will not relieve Subcontractor of its responsibility for safety and health. nor shall such r~view be construed as limiting in any manner Subcontractor's obligation to undertake any action which may be necessary or required to establish and maintain safe working conditions respecting its Work at the project site. Contractor reserves the right to require Subcontractor to modify any portion of its Safety, Health, and Accident Ptevention Ptogram not in confonnance with the Project Safety and Health Program.
Contractor will resolve conflicts regarding safety and health measures and practices. Contractor will monitor
Subcontract Documents
Ram Leather Care RD
Rev. 0 10101/97
G-1
048369.01.3 I
December 2005
Subcontractor's safety and health measures, and may require changes in Subcontractor's Safety, Health, and Accident Prevention Program during the performance of the Work.
Compliance with the requirements listed above is the minimum standard required of Subcontractor. Subcontractor shall be responsible for examining all requirements and determining whether additional or more stringent safety and health provisions are required for the Work. Subcontractor shall prepare and implement its own site-specific project safety and health plan, based on its Safety, Health, and Accident Prevention Program and all written programs required by Federal, State and local regulations and shall bear responsibility for the completeness and accuracy of the plan. Subcontractor shall submit its plan to Contractor 30 days prior to starting the Work at the project site, and a copy of the plan shall be available at the Project site for review by Contractor, Owner and regulatory personnel.
Prior to the initiation of any Work at the site, Subcontractor shall submit in writing verification that (i) Subcontractor personnel assigned to the Work have received 40 hour safety and health training meeting the requirements of 29 CFR 1910.120 (e) or 1926.65 (e); (ii) that the assigned field supervisor has completed 8 hours of supervisor training that meets the requirements of29 CFR 1910.120 (e)(4) or 1926.65 (e){4); and (iii) that personnel assigned to the Work are participating in a medical surveillance program that meets the requirements of29 CFR 1910.120 (f) or 1926.65 (f).
Subcontractor agrees to furnish protective clothing, respiratory protective equipment and monitoring instrumentation as required by applicable laws, regulations, the project safety and health plans, and Contractor and the Owner's rules and regulations. Subcontractor will ensure that such clothing and equipment are properly used by its employees, agents, lower-tier subcontractors and other guests of Subcontractor at the site.
Subcontractor shall provide any and all "competent persons," as defmed in 29 CFR 1926.32 (f), required for the Work pursuant to applicable OSHA regulations. Such competent persons shall be capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees and who has the authorization to take prompt corrective measures to eliminate them.
Subcontractor shall conduct all operations under this Agreement in a manner to prevent bodily harm and damage to property. Subcontractor shall continuously inspect all operations, Work, materials, and equipment; shall conduct health surveys of all Work areas; and shall be solely responsible for the discovery, determination, and correction of conditions which constirute a risk of bodily harm or property damage.
Subcontractor shall immediately correct any unsafe conditions identified by Contractor. In the event Subcontractor fails to immediately correct such unsafe conditions, Contractor may either have the unsafe conditions corrected by others at Subcontractor's expense, or direct that the Work be stopped in the area of the unsafe condition; however, this right to stop the Work shall not give rise to any duty on the part of Contractor to exercise this right.
Subcontractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and_ other warnings against hazards, promulgating safety regulations and notifying the owners and users of adjacent utilities.
Subcontractor shall appoint a qualified Safety and Health Representative. The Safety and Health Representative shall attend all project safety and health meetings and shall participate fully in all activities outlined in the Project Safety and Health Program. Subcontractor's Safety and Health Representative shall have the authority to have unsafe conditions corrected and direct that the Work be stopped in the area of the unsafe condition.
Subcontract Documents
Ram Leather Care RD
Rev. 0 10/01/97
G-2
048369.0IJI
December 2005
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Subcontractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations.
Subcontractor sliall maintain accurate accident and injury reports and shall furnish Contractor a monthly summary of injuries and man-hours lost due to injuries.
Subcontractor shall hold regular scheduled meetings to instruct its personnel and its lower-tier subcontractors' personnel in safety and health practices and the requirements of the Project Safety and Health Program. Subcontractor shall furnish safety and health equipment and enforce the use of such equipment by its employees and the employees of its lower-tier subcontractors.
Subcontractor shall notify Contractor promptly, in writing, if a charge of non-compliance has been filed against the Subcontractor in connection with its performance of the Work.
Subcontractor waives the right to bring claim for damages against Contractor for any cause whatsoever because of any action taken or not taken including, but not limited to, the correction of unsafe conditions or Work stoppages in connection with the Project Safety and Health Program, Subcontractor's Safety, Health, and Accident Prevention Program, or such program of another subcontractor. If such a clajm against Contractor is brought by a third party, Subcontractor shall indemnify and defend Contractor against such claim in accordance with the General Conditions article entitled LIABILITY AND INDEMNIFICATION.
Nothing contained in this Attachment shall affect Subcontractor's status as an independent contractor. Subcontractor shall ensure that the provisions of this Attachment are made binding on all lower-tier subcontractors. Should Subcontractor fail to comply with the Project Safety and Health Program; it's Safety, Health, and Accident Prevention Program; its safety and health plan; or with any other applicable requirements as referenced above, such action or inaction shall be considered a material and substantial breach of the Agreement. Should Subcontractor, upon notice thereof, neglect or refuse to take appropriate corrective action, Contractor or Owner shall have the right, but not the duty, to stop the Subcontractor's Work or any portion thereof, and/or correct the condition and backcharge all incident costs to Subcontractor's account. Contractor shall have the right to remove or bar from the site any employee of Subcontractor or it's lower-tier subcontractors for failure to comply with site safety and health requirements.
2.0 Drug Prevention Program. Subcontractor shall implement a drug detection and prevention program as specified herein. All costs for drug/alcohol testing shall be included in Subcontractor's contract price. The program will include, but not be limited to, the following.
2.1 Pre-Employment Testing. Use of any of Subcontractor's employees at the Project site shall be conditional until a pre-employment drug screening/alcohol test has been passed. The pre-employment test must be taken by Subcontractor's employee not more than IO days prior to or within 2 working days of reporting to work at the Project site. Evidence that each employee has passed the drug test shall be provided to Contractor within 3 days of completion of the test. Only employees who are certified as drug/alcohol free in accordance with the requirements established herein, shall be permitted by Subcontractor to work at the Project site. Blood/urine testing shall be conducted at the Project site clinic or a local clinic approved by Contractor. Subcontractor's suppliers, home office employees, and field technical representatives who visit the Project site on a short-term basis are not subject to drug testing, although such persons are subject to search/inspection procedures outlined herein.
Blood/urine test analysis shall be performed by a National Instirute of Drug Abuse (NIDA) certified laboratory for the following drugs: cocaine, opiates, amphetamines, phencyclidine, and marijuana. The levels of acceptance (rejection) for drugs shall be determined based upon Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. Onsite enzyme immunoassay screening will be permitted in lieu of laboratory analysis; however, all positive
Subcontract Documents
Ram Leather Care RD
Rev. 0 10/01/97
G-3
048369.01.31
December 2005
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Onsite colorimetric alcohol saliva screening in lieu of blood tests will be permitted; however, all positive tests shall be confirmed by gas chromatography.
2.2 Post-Employment Testing. Possession, being under the influence, or use of illegal drugs at any time while working at the project or on the project property, or being in possession or under the influence of alcohol, shall result in Subcontractor's employee being immediately removed from the project site. Standards for removal of employees due to drug/alcohol levels shall be as defined heretofore for pre-employment testing.
Upon request by Contractor, Subcontractor's employees shall submit to a blood/urine test. The request will normally be made only if: (!) reasonable suspicion exists to believe that Subcontractor's employee is under the influence or possession of alcohol, drugs, or other controlled substances; or (2) Subcontractor's employee is involved in an accident or situation that results in any injury to the employee or any other individual on the project site or any property damage.
2.3 Periodic Unannounced (Random) Drug Testing. Random testing shall be conducted by Subcontractor at least once each month. The date of such testing shall be selected by Subcontractor using a computer program that randomly selects the date within the time frame specified, so that the date is unpredictable to the potential subjects of the testing. Subcontractor's supervisors at the jobsite will not be informed of the date of testing and the selected employees until the morning of the selected day.
Selection oftest subjects will include the following:
Random selection includes all employees on the jobsite the day selected for random testing. Employees to be tested (hereinafter the "subject") shall be chosen by use of a computer program which randomly selects the number of subjects (IO percent) from among the pool of all Subcontractor's employees on the jobsite. The subjects shall be identified by Social Security number.
The pool of candidates from which the random selection is made shall include all employees assigned to the jobsite, including those who have been selected for testing on previous occasions. Thus, it is conceivable that an individual could be selected to undergo testing more than one time in any given period.
2.4 Drug/Alcohol Test lmplementation. If an employee or prospective employee of Subcontractor fails to pass a blood/urine test, indicating the presence of alcohol or drugs, or if an individual refuses to cooperate in providing a specimen for testing, that individual will be considered not eligible for employment or continued employment at the Project site and shall be banned or removed from the site.
Once banned or removed, the individual shall be prohibited from returning to the Project site for I year from the date of removal except for purposes of an appeal of the ban or removal. Notwithstanding the foregoing, if an individual has successfully participated and completed a rehabilitation program following failure to be employed or removal from the Project site, the individual shall be considered for (re )hire. Only rehabilitation programs reviewed and accepted by Contractor will be considered as approved criteria for (re)hire.
2.5 Search and Inspection. Employees entering, while working and leaving the Project site, will be subject to search.
2.6 Training and Education. Throughout the construction period, periodic seminars and instruction shall be given by Subcontractor to Subcontractor's site superintendents, supervisory personnel, including foreman and other key employees in the characteristics, behavior, and detection of drugs/alcohol.
Subcontract Documents
Ram Leather Care RD
Rev. 0 I 0/01/97
G-4
048369.01.31
December 2005
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3.0 Crane Inspections. All cranes in use on the project shall be inspected on at least a monthly basis by a competent person. Inspection results shall be recorded on a Monthly Crane Inspection Report form which shall be submitted to Contractor by the fifth working day of each month. Inspection Report forms may be obtained from Contractor.
Additionally, Subcontractor shall submit a current annual crane inspection report to Contractor for each crane used on the project. Annual crane inspection reports shall be submitted prior to placing the crane in service. The annual inspection shall be performed by a third party inspection service certified for such work by the US Department of Labor.
If Subcontractor fails to submit the monthly or annual report as specified or ifhe submits a report that contains errors, misrepresentations, or falsification of facts, it will be in violation of the terms of this Agreement, and use of the crane covered by the inaccurate report shall be stopped until the violation is corrected. In addition, Subcontractor shall immediately discharge all persons responsible for knowingly submitting either a monthly or annual crane inspection report that includes false information. Persons discharged for false crane reports shall not be rehired for this project.
4.0 Fall Protection. OSHA Fall Protection Standard 29 CFR 1926 Subpart M shall be strictly adhered to. No person or work operation is exempt from the standard. This includes structural steel erection operations, structural steel connectors, and scaffold erectors. Fall protection is required 100 percent of the time, whether climbing, traveling, or working.
4.1 Fall Protection Plan. Prior to starting Work that requires fall protection, Subcontractor shall submit to Contractor a _fall protection plan. The fall protection plan shall include, but not be limited to, the following:
Name of the qualified person in charge of the operation.
Description of Work operation.
List of fall exposures.
Description of fall protection methods used to eliminate the fall exposures.
Training and enforcement methods used to ensure employee compliance with the plan.
4.2 Body Harnesses, Lanyards. and lifelines. Body harnesses, lanyards, and lifelines shall be used in accordance with OSHA Standard 1926.5020, with the following exceptions:
Full body harnesses shall be used in lieu of safety belts.
Only lanyards with shock absorbers and locking type snap hooks shall be used.
At least two lanyards shall be used to provide 100 percent fall protection when moving around obstructions, connection points, or other similar items.
4.3 Guardrail Systems. Guardrail systems and their use shall comply with OSHA Standard l 926.502(b), with the following exception:
Manila, plastic, or synthetic rope shall not be used as guardrails.
Subcontract Documents
Ram Leather Care RD
Rev. 0 10/01197 ·
G-5
048369.01.31
December2005
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ATTACHMENT H
Contractor's Construction Health and Safety Plan
(To Be Determined)
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I Attachment I
Davis Bacon Wage Rates
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General Decision Number NC030009 06/13/2003 NC9
Superseded General Decision No. NC020009
State: North Carolina
Cons,~ruction liiffill!i Type:
County(ies):
STATEWIDE
SEWER AND WATER CONSTRUCTION PROJECTS AND HEAVY CONSTRCUTION PROJECTS (excluding Dam construction projects).
Modification Number
o
Publication Date
06/13/2003
COUNTY(ies):
SUNC2001A 02/12/1990
BOILERMAKERS:
Storage Tank Erection/Repair
All Other Work:
BRICKLAYERS
CARPENTERS
CEMENT MASONS/FINISHERS
ELECTRICIANS
FENCE ERECTORS
IRONWORKERS
LABORERS:
Unskilled
Air Drill Operator
Asphalt Rakers
Pipe layers
MANHOLE BUILDERS
MILLWRIGHTS
PAINTERS
PLUMBERS & PIPEFITTERS
POWER EQUIPMENT OPERATORS:
Asphalt Distributor
Asphalt Finisher
Asphalt Paver
Asphalt Screed
Backhoe
Boring Machine
Bulldozer
Crane
Dragline
Drill
Loader
Mechanic
Motor Grader
Roller
Scraper, Pan
Tractor
Trenching
Well Drillers
Rates
12.96
16.20
7.23
6.63
6 .11
8.56
5.15
8.20
5.15
5. 92
5.15
5.17
5.81
5.27
7.12
7.42
5.77
5.69
5.69
5.69
6.40
5.65
5.96
7.60
6.34
7.23
5.79
7.16
6.24
5.15
5.42
5.49
6.58
6.50
http://www. wdol. gov/wdol/scafi I es/ da v isbacon/N C9 .d vb
Fringes
4.105
4.105
Page I of3
12/6/2005
TRUCK DRIVERS
TV & GROUTING TECHNICIANS
5.15
9.21
WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.S(a) (11 (iii).
In the listing above, the 11SU 11 designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matcer? This can be,
* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the·response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W. Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administracor (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W. Washington, D. C. 20210
http://www.wdol.gov/wdol/scafiles/davisbacon/NC9 .dvb
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The request should be accompanied by a full statement of the interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the requester considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 constitution Avenue, N. W. Washington, D. C. 20210
4.) All· decisions by the Administrative Review Board are final. END OF GENERAL DECISION
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General Decision Number NC030011 06/13/2003 NCll
Superseded General Decision No. NC020011
State: North Carolina
Type,
County ( ies) ,
ALAMANCE DURHAM ORANGE ALEXANDER FORSYTH RANDOLPH BUNCOMBE FRANKLIN ROWAN BURKE GASTON STOKES CABARRUS GUILFORD UNION CATAWBA LINCOLN WAKE CUMBERLAND '41Riiil YADKIN DAVIDSON
DAVIE ONSLOW
HIGHWAY CONSTRUCTION PROJECTS (does not include tunnels.building structures in rest area projects, railroad construction, and bascule, suspension and spandrel arch bridges, bridges designed for commercial navigation, and bridges involving marine construction, and other major bridges).
Modification Number
0
Publication Date
06/13/2003
COUNTY lies)'
ALAMANCE DURHAM ALEXANDER FORSYTH BUNCOMBE FRANKLIN BURKE GASTON CABARRUS GUILFORD CATAWBA LINCOLN CUMBERLAND .... DAVIDSON
DAVIE ONSLOW
SUNC3002A 02/12/1990
CARPENTER
CONCRETE FINISHER
ELECTRICIAN
TRONWORKERS (Reinforcing)
LABORER
Cornman
Asphalt Lay Down Man
Asphalt Raker
Form Setter (Road)
Mason (Brick, Block, Stone}
Pipe Layer
Power Tool Operator
POWER EQUIPMENT OPERATORS:
ORANGE
RANDOLPH
ROWAN
STOI<ES
UNION
WAKE
YADKIN
Rates
7.63
7.52
10.26
9.76
5.33
5.60
6 -14
8.57
7.44
6.23
8.28
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· Fringes
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Asphalt Distributor
Asphalt Paver
Bulldozer
Bulldozer (utility)
Concrete Curb Machine
Concrete Finishing Machine
Concrete Paver
Crane, Backhoe, Shovel,
& Draglne (over l yd.)
Crane, Backhoe, Shovel,
& Dragline (l yd. & under)
Drill Operator
Grade Checker
Gradeall
Greaseman
Loader
Mechanic
Motor Grader (Fine Grade)
Motor Grader {Rough Grade}
Oiler
Roller (Finisher)
Roller (Rough)
Scraper
Screed Asphalt
Stone Spreader
Stripping Machine Operator
Subgrade Machine
Sweeper
Tractor (Utility)
TRUCK DRIVERS:
Trucks
Trucks
Trucks
Single Rear Ax.le
-Multi Rear Axle
Heavy Duty
6.78
7.47
7.33
6.72
7.09
7.85
6.90
8.16
6.95
7.34
5.45
8.38
6.49·
7.09
8.47
8.04
7.68
5.88
6.70
5.65
6.63
7.09
6.02
6.00
7 .13
5.80
5.47
5.42
6.08
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WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(l)(ii)).
In the listi'ng above, the "SU11 designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be::
• an existing published wage determination
• a survey underlying a wage determination • a wage and Hour Division letter setting forth a
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position on a wage.determination matter • a conformance {additional classification and rate). ruling
on survey related matters, initial contact, including requests for summaries of surveys, should be with the wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch of construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division
u. s. Department of Labor
200 collstitution Avenue, N. W. Washington, D. c. 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action} call request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Rdministrator
U.S. Department of Labor
200 Constitution Avenue, N. w.
Washington, D. C. 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board). Write to:
Administrative Review Board
u. s. Department of Labor
200 Constitution Avenue, N. W. Washington, D. c. 20210
4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIOU
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Attachment J
Construction Performance/Payment Bond
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Construction Payment Bond
Any singular reference to Subcontractor, Surety, Contractor or other party shall be considered plural where applicable.
SUBCONTRACTOR (Name and Address):
CONTRACTOR:
Black & Veatch Special Projects Corp.
6601 College Blvd.
Overland Park, Kansas 66211
CONSTRUCTION SUBCONTRACT
Date:
Amount:
Modifications to this Bond Form:
BOND
SURETY (Name and Principal plac_e of Business):
Date (Not earlier than Construction Subcontract Date):
Amount:
Modifications to this Bond Form:
SUBCONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
SURETY
Company: (Corp. Seal)
Signature: _______________ _ Signature: ___________________ _ Name and Title:
SUBCONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature:-,-,----~----------
Name and Title:
Name and Title:
SURETY
Company: (Corp. Seal)
Signature:_-,-_________________ _
Name and Title:
Based on EJCDC No. 1910-28B (1984 Edition) With Modifications Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Do'cuments Committee, the Associated General Contractors of America, American Institute of Architects, American Subcontractors Associated; and the Associated Specialty Contractors. (Reprinted 10/90)
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I. The Subcontractor and the Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Contractor to pay for labor, materials and equipment furnished for use in the performance of the Construction Subcontract, which is incorporated herein by reference. 2. With respect to the Contractor, this obligation shall be null and void if the Subcontractor:
2.1 Promptly makes payment., directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies and hold harmless the Contractor from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit if for payment for labor, materials or equipment furnished for use in the performance of the Construction Subcontract, provided the Contractor has promptly notified the Subcontractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Subcontractor and the Surety, and provided there is no Contractor Default. 3. With respect to Claimants, this obligation shall be null and void if the Subcontractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until·. 4.1 Claimants who are employed by or have direct contract with the Subcontractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Contractor, stating that a claim is being made under this Bond and, with substantiaJ accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the Subcontractor: 1. Have furnished written notice to the Subcontractor and sent a copy, or notice thereof, to the Contractor, with in 90 days after having last performed labor or last furnished materials or equipment inc!uded in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or perfonned: and 2. Have either received a rejection in whole or in part from the Subcontractor, or not received within 30 days of furnishing the above notice any communication from the Subcontractor by which the Subcontractor has indicated the claim will be paid· directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a written notice to the Surety(at the address described in Paragraph 12)and sent a copy, or notice thereof, to the Contractor, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Subcontractor.
5. If a notice required by Paragraph 4 is given by the Contractor to the Subcontractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Contractor, within 45 days after receipt of the claim, stating the amounts that are undisputed and that basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
8. Amounts owed by the Contractor to the Subcontractor under the Construction Subcontract shall be used for the performance of the Construction Subcontract and to satisfy claims, if any, under any Construction Performance Bond. By the Subcontractor furnishing and the Contractor accepting this Bond, they agree that all funds earned by the Subcontractor in the perfonnancc of the Construction Subcontract are dedicated to satisfy obligations of the Subcontractor and the Surety under this Bond, subject to the Contractor's priority to use the funds for the completion of the work.
9. The Surety shall not be liable to the Contractor, Claimants or others for obligations of the Subcontractor that are unrelated to the Construction Subcontract The Contractor shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make
payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of time, to the Construction Subcontract or to related subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration ofone year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or clause 4.2 (item 3), or (2) on which the last labor or service was perfonned by anyone or the last materials or equipment were furnished by anyone under the Construction Subcontract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the Contractor or the Subcontractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Contractor or the Subcontractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein. The intent, that this Bond shall be construed as a statutory bond and not as a common law bond.
14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Subcontractor shall promptly furnish a copy of this Bond or shall pennit a copy to be made.
15. DEFINITIONS
15.1 Claimant; An individual or entity having a direct contract with the Subcontractor or with a subcontractor Of the Subcontractor to furnish labor, materials or equipment for use in the performance of the Subcontract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Subcontract,
architectural and engineering services required for perfonnance of the work of the Subcontractor and Subcontractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.
15.2 Construction Subcontract: The agreement between the Contractor and the Subcontractor identified on the signature page, including all Subcontract Documents and changes thereto. 15.3 Contractor Default Failure of the Contractqr, which has neither been remedied nor waived, to pay the Subcontractor as required by the Construction Subcontract or to perform and complete or comply with the other tenns thereof.
Based on EJCDC No. 1910-28B (1984 Edition) With Modifications Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, American Institute of Architects, American Subcontractors Associated, and the Associated Specialty Contractors. (Reprinted 10/90)
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Cooslructioo Performance Bond
Any singular reference to Subcontractor, Surety, Contractor or other party shall be considered plural where applicable.
SUBCONTRACTOR (Name and Address): SURETY (Name and Principal place of Business):
CONTRACTOR:
Black & Veatch Special Projects Corp.
660 I College Blvd.
Overland Park, Kansas 66211
CONSTRUCTION SUBCONTRACT
Date:
Amount:
Modifications to this Bond Form:
BOND
Date (Not earlier than Construction Subcontract Date):
Amount:
Modifications to this Bond Form:
SUBCONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature=---,---,---------------
Name and Title:
SUBCONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature: _______________ _
Name and Title:
SURETY
Company: (Corp. Seal)
Signature=----,-------------------
Name and Title:
SURETY
Company: (Corp. Seal)
Signature:=---,-------------------
Name and Title:
Based on EJCDC No. !910-28A (1984 Edition) With Modifications Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America and the American Institute of Architects.
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I. The Subcontractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Contractor for the perfonnance of the Construction Subcontract, which is incorporated herein by reference.
2. If the Subcontractor performs the Construction Subcontract, the Surety and the Subcontractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.
3. If there is no Contractor Default, the Surety's obi igation under this Bond shall arise after:
3.1 The Contractor has notified the Subcontractor and the Surety at its address described in Paragraph IO below, that the Contractor is considering declaring a Subcontractor Default and has requested and attempted to arrange a conference with the Subcontractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Subcontract. If the Contractor, the Subcontractor and the Surety agree, the Subcontractor shall be allowed a reasonable time to perform the Construction Subcontract, but such an agreement shall not waive the Contractor's right, if any, subsequently to declare a Subcontractor Default; and 3 .2 The Contractor has declared a Subcontractor Default and formally terminated the Subcontractor's right to complete the Subcontract. Such Subcontractor Default shall not be declared earlier than twenty days after the Subcontractor and the Surety have received notice as provided in Subparagraph 3.1; and •
3.3 The Contractor has agreed to pay the Balance of the Subcontract Price to the Surety in accordance with the terms of the Construction Subcontract or to a subcontractor selected to perform the Construction Subcontract in accordance with the terms of the Subcontract with the Contractor. 4. When the Contractor has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense taJce one of the following actions: 4.1 Arrange for the Subcontractor, with consent of the Contractor, to perform and complete the Construction Subcontract; or 4.2 Undertake to perform and complete the Construction Subcontract itself, through its agents or through independent subcontractors; or 4.3 Obtain bids or negotiated proposals from qualified subcontractors acceptable to the Contractor for a subcontract for performance and completion of the Construction Subcontract, arrange for a subcontract to be prepared for execution by the Contractor and the subcontractor selected with the Contractor's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Subcontract, and pay to the Contractor the amount of damages as described in Paragraph 6 in excess of the Balance oflhe Subcontract Price incurred by the Contractor resulting from the Subcontractor's default; or 4.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:
I. After investigation, determine the amount for which it may be liable to the Contractor and, as soon as practicable after the amount is determined, tender payment therefor to the Contractor; or· 2. Deny liability in whole or in part and notify the Contractor citing reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reason-able promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an· additional written notice from the Contractor to the Surety demanding that the Surety perform its obligations under this Bond, and the Contractor shall be entitled to enforce any remedy available to the Contractor. If the Surety proceeds as provided in Subparagraph 4.4, and the Contractor refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Contractor shall be entitled to enforce any remedy available to the Contractor.
6. After the Contractor has terminated the Subcontractor's right to complete the Construction Subcontract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Contractor shall not be greater than those of the Subcontractor under the Construction Subcontract, and the responsibilities of the Contractor to the Surety shall_not be greater than those of the Contractor under the Construction Subcontract To the limit of the amount of this Bond, but subject to commitment by the Contractor of the Balance of the Subcontract Price to mitigation of costs and damages on the Construction Subcontract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Subcontractor for correction of defective
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work and completion of the Construction Subcontract;
6.2 Additional legal, design professional and delay costs resulting from ti Subcontractor's Default, and resulting from the actions or failure to act the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Subcontract, actual damages caused by delayed perfonnanc-or non-performance of the Subcontractor.
7. The Surety shall not be liable to the Contractor or others for obligations of th Subcontractor that are unrelated to the Construction Subcontract, and the Balance o the Subcontract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person ol entity other than the Contractor or its heirs, executors, administrators, or successors 8. The Surety hereby waives notice of any change, including changes of time, to th Construction Subcontract or to related subcontracts, purchase orders and other
obligations. . i 9. Any proceeding. legal or equitable, under this Bond may be instituted in any co of competent jurisdiction in the location in which the work or part of the work i located and shall be instituted within two years after Subcontractor Default or within two years after the Subcontractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. 'I the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
IO. Notice to the Surety, the Contractor or the Subcontractor shall be mailed orl delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be I deemed deleted herefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be constructed as a statutory bond and not as a common law bond. 12. Definitions.
12.1 Balance of the Subcontract Price: The total amount payable by the I Contractor to the Subcontractor under the Construction Subcontract after all proper adjustments have been made, including allowance to the Subcontractor of any amounts received or to be received by the Contractor in settlement of insurance or other claims for damages to I which the Subcontractor is entitled, reduced by all valid and proper payments made to or on behalf of the Subcontractor under the Construction Subcontract.
12.2 Construction Subcontract: The agreement between the Contractor and the Subcontractor identified on the signature page, including all Subcontract Documents and changes thereto. 12.3 Subcontractor Default: Failure of the Subcontractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Subcontract.
12.4 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to pay the Subcontractor as required by the Construction Subcontract or the perfonn and complete or comply with the other terms !hereof.
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Construction Performance Bond
Any singular reference to Subcontractor, Surety, Contractor or other party shall be considered plural where applicable.
SUBCONTRACTOR (Name and Address):
CONTRACTOR:
Black & Veatch Special Projects Corp.
660 I College Blvd.
Overland Park, Kansas 66211
CONSTRUCTION SUBCONTRACT
Date:
Amount:
Modifications to this Bond Form:
BOND
SURETY (Name and Principal place of Business):
Date (Not earlier than Construction Subcontract Date):
Amount:
Modifications to this Bond Form:
SUBCONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
SURETY
Company: (Corp. Seal)
Signature: _______________ _
Name and Title: Signature:-=--:--------------------
Name and Title:
SUBCONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature: _______________ _
Name and Title:
SURETY
Company: (Corp. Seal)
Signature: Name and.-:T:ci:-:tl-e-: ------------------
Based on EJCDC No. 19I0-28A (1984 Edition) With Modifications
Prepared through the joint efforts of the Surety Associa1ion of America, Engineers' Joint Contract Documents Comminee,The Associated General Contractors of America and the American Institute of Architects.
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I. The Subcontractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Contractor
for the performance of the Construction Subcontract, which is incorporated
herein by reference.
2. If the Subcontractor performs the Construction Subcontract, the Surety and the Subcontractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.
3. If there is no Contractor Default, the Surety's obligation under this Bond shall arise after:
3.1 The Contractor has notified the Subcontractor and the Surety at its
address described in Paragraph 10 below, that the Contractor is
considering declaring a Subcontractor Default and has requested and attempted to arrange a conference with the Subcontractor and the Surety
to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Coiistruction Subcontract. If the
Contractor, the Subcontractor and the Surety agree, the Subcontractor
shall be allowed a· reasonable time to perform the Construction
Subcontract, but such an agreement shall not waive the Contractor's
right, if any, subsequently to declare a Subcontractor Default~ and
3.2 The Contractor has declared a Subcontractor Default and formally
terminated the Subcontractor's right to complete the Subcontract. Such
Subcontractor Default shall not be declared earlier than twenty days after
the Subcontractor and the Surety have received notice as provided in Subparagraph 3.1; and
3.3 The Contractor has agreed to pay the Balance of the Subcontract Price to
the Surety in accordance with the terms of the Construction Subcontract
or to a subcontractor selected to perform the Construction Subcontract in
accordance with the terms of the Subcontract with the Contractor.
4. When the Contractor has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:
4.1 Arrange for the Subcontractor, with consent of the Contractor, to perform
and complete the Construction Subcontract; or
4.2 Undertake to perform and complete the Construction Subcontract itself, through its agents or,through independent subcontractors; or 4.3 Obtain bids or negotiated proposals from qualified subcontractors
acceptable to the Contractor for a subcontract for performance and
completion of the Construction Subcontract, arrange for a subcontract to
be prepared for execution by the Contractor and the subcontractor
selected with the Contractor's concurrence, to be secured with
performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Construction Subcontract, and pay
to the Contractor the amount of damages as described in Paragraph 6 in
excess of the Balance of the Subcontract Price incurred by the Contractor
resulting from the Subcontractor's default; or
4.4 Waive its right lo perfonn and complete, arrange for completion, or
obtain a· new contractor and with reasonable promptness under the
circumstances:
I. After investigation, determine the amount for which it may be liable
to the Contractor and, as soon as practicable after the amount is
determined, tender payment therefor to the Contractor; or
2. Deny liability in whole or in part and notify the Contractor citing
reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reason-able
promptness, the Surety shall be deemed to be in default on this Bond fifteen
days after receipt of an additional written notice from the Contractor to the Surety demanding that the Surety perform its obligations under this Bond, and
the Contractor shall be entitled to enforce any remedy available to the Contractor. If the Surety proceeds as provided in Subparagraph 4.4, and the
Contractor refuses the payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Contractor shall be entitled to enforce any remedy available to the Contractor.
6. After the Contractor has terminated the Subcontractor's right to complete the Construction Subcontract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Contractor
shall not be greater than those of the Subcontractor under the Construction
Subcontract, and the responsibilities of the Contractor to the Surety shall not be
greater than those of the Contractor under the Construction Subcontract. To the limit of the amount of this Bond, but subject to commitment by the Contractor
of the Balance of the Subcontract Price to mitigation of costs and damages on
the Construction Subcontract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Subcontractor for correction of defective
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work and completion of the Construction Subcontract;
6.2 Additional legal, design professional and delay costs resulting from th'
Subcontractor's Default, and resulting from the actions or failure to act o the Surety under Paragraph 4; and · 6.3 Liquidated damages, or if no liquidated damages are specified in the
Construction Subcontract, actual damages caused by delayed performance
or non-performance of the Subcontractor. I 7. The Surety shall not be liable to the Contracrnr or others for obligations ofth
Subcontractor that arc unrelated to the Construction Subcontract, and the Balance o the Subcontract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person 01 entity other than the Contractor or its heirs, executors, administriuors, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to th
Construction Subcontract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in anycourtl
of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Subcontractor Default or within
two years after the Subcontractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. Ifl the provisions of this Paragraph are void or prohibited by law, the minimum period
of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
IO. Notice to the Surety, the Contractor or the Subcontractor shall be mailed or I delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any
provision in this Bond conflicting with said statutory or legal requirement shall be I deemed deleted herefi"om and provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The intent is that this Bond shall be constructed as a statutory bond and not as a common law bond.
12. Definitions.
12. l Balance of the Subcontract Price: The total amount payable by the I Contractor to the Subcontractor under the Construction Subcontract after
all proper adjustments have been made, including allowance to the Subcontractor of any amounts received or to be received by the
Contractor in settlement of insurance or other claims for damages to I which the Subcontractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Subcontractor under the
12.2
12.3
12.4
Construction Subcontract.
Construction Subcontract: The agreement between the Contractor and I the Subcontractor identified on the signature page, including all Subcontract Documents and changes thereto.
Subcontractor Default: Failure of the Subcontractor, which has neither been remedied nor waived, to perform or otherwise to comply with the
terms of the Construction Subcontract. I
Contractor Default Failure of the Contractor, which has neither been
remedied nor waived, to pay the Subcontractor as required by the
Construction Subcontract or the perform and complete or comply with the
other terms thereof. I
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I Based on EJCDC No. 1910-28A (1984 Edition) With Modifications Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of I America and the American Institute of Architects.
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Appendix B
Design Review Checklists
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Appendix B -Design Review Checklists
Attachment 1
Checklist of Remedial Action Bid Documents
181 Index of Bid Documents
D Advertisement for Bids
181 Instructions to Bidders
181 Bid Form
D Addenda Acknowledgment
181 Bid Bond
181 Certificate of Surety
D Acknowledgment of Principal Firm
D Non-Collusion Affidavit
D Certification of Nondiscrimination in Employment
D Certification of Nonsegregated Facilities
181 Authority to Execute Agreement
181 Form of Agreement
181 Performance Bond Form
181 Payment Bond Form
D Certificate of Ability to Obtain Insurance
181 General Conditions
D Supplemented General Conditions
181 Federal Requirement and Agreement Provisions (In this bid package referred to as
the Prime Contract Clauses)
181 Davis-Bacon Wage Rate Determinations
D General Agreement Requirements (Special Conditions)
181 Scope of Work
181
181
181
D Control of Materials
D Utility Coordination Requirements
D Project Supervision Requirements
D On-Site Inspection Procedures
181 Safety Requirements, Responsibilities
D Emergency Procedures
181 Progress Schedule (In this bid package referred to as the Work Breakdown
Structure and Schedule Requirements)
181 Payment Procedures (Measurement, Payment)
181 Change Order Procedures
D Correspondence Distribution
D Submittal, Processing Procedures
Technical Specifications (In this bid package referred to as the Performance
Work Statement)
Drawings and Plans (certified by a Professional Engineer -Not Applicable for this
bid package)
Supplemental Data ( e.g., geologic data, hydro logic data)
B-1
I
Appendix B -Design Review Checklists
Checklist of Additional Remedial Action Bid Documents
The following documents were not included in the formal RA Bid Document Checklist but are incorporated within the bid package and are therefore included in this additional checklist to show that they have been reviewed. 181 Representations and Certifications
181 List of Lower-Tier Subcontractors
181 List of Suppliers
181 Experience and Safety Questionnaire
181 Certification of Training, Medical, and Safety Requirements 181 Small and Disadvantaged Business Utilization
[81 Insurance Requirements
51-043-42
B-2
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RD/RA Handbook
EPA Design Review Checklist
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburn Countv, North Carolina
Design Phase: Reviewer:
□ Preliminary Name Ed Hicks P.E.
□ lntermediate Organization Black & Veatch Soecial Proiects Com.
X Pre-Final/Final Telephone [phone] Date 12-19-2005
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
.. , • i)·T, ,._, ,•'I -'--• -~ ... --...:::: -·'""',~ ,,_._ ·l··•.•1 ""--,, •. ~-\ • ,•, .. ~', ~t .-•c, ,1-:.-• ~ .:i,, 'f -~ ,~ .. .., 'Pij?"1,.,, ·~ ~..,. hf~1:~~)tf~11 ·if:;fr•·:•-i;:,._-;J]t~'~ t-·•~"f',-t'tJ\;:vi,..f-~:,;~--ft'tJ'~~~m7•·,~ 'jf1~~7;~\'l ., '''iii: .; ,..,., '". :fl ,.,, .,,,, ·>)BJDDi\BU;f.FYV .. :~1;yy•··e,~"l(•h~' lJ,•·•il'• .. :i.lt ' ·•1<j'</.!:1J;·, ·it•"' 1~-·• '· ' • ,, • l' 'l I •• ,_, . • · ~ • ·' "' ... ;;t • ; "' I,"'"" , ' , ~~, , , , ,,, !__. .. Vi. ,~•ffi~l~ .. !f:~"~~~ ?l,.~--.1··_"''fio.Hir.:..-·~-..,rm~J~-~!l! : .. 4-~c •f:i. t.iJ _ •• ~t~'ll~"-• .~ . L --~~_41} .;.e~'.¾'!~. ~'t~·
SPECIFICATIONS I Are specification divisions appropriate and per CS! format? X
2 Are substitutions allowed as an "engineer (or owner) approved X
equal" to allow flexibility during construction?
3 Have the appropriate material and equipment standards been X
specified?
4 Does the review confirm that no sole source or brand name X
material or equipment has been specified?
5 Are terminologies and notations consistent among drawings, X
specifications, bid items?
6 Have appropriate construction techniques been specified? X
7 Are cross references of drawings to specifications complete and X
accurate?
8 Has a description of materials and/or facilities provided by owner X
been included?
SPECIFICATIONS 9 Has a description of items of work provided by each contractor X
for multiple contracts been provided?
& 10 Have the quality control responsibilities of contractor and X
quality assurance by owner been adequately addressed?
DRAWINGS 11 Have all submittal requirements (content, schedule) been X
identified, and arC they appropriate?
12 Has owner review period for each submittal been identified, and X
is it reasonable?
13 ls the construction schedule feasible and clearly defined with X
schedule interface points identified?
14 Have completion times for distinct phases been specified? X
15 Are the drawings complete (i.e., sufficiently detailed, clearly X
define the work)?
16 Are specifications complete? X
B-3
Appendix B • Design Review Checklists
51-043-41A(l
Design Review
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenbunz County, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes. No NIA
17 Should supplemental data be referenced on drawings or X specifications? If so, has it been provided?
18 Have the cost/schedule monitoring requirements (i.e., progress X reports) by contractor been clearly identified?
19 If off-site disposal of material by the contractor, is required, have X
the contractor's responsibilities been clearly identified?
20 Has the division of work been clearly identified at contractor X interfaces, where more than one contractor will be working at the
site?
21 Does the bid package include all of the appropriate bid X
documents (see biddability review in this attachment)?
SPECIFICATIONS 22 ls the structure of the bid form appropriate (i.e., are bid sections X coordinated, defined, unambiguous)?
& 23 Do all bid items have appropriate units for measure and payment X
and are they consistent with the specifications?
DRAWINGS 24 Is the scope of work for each bid item clearly defined? X
25 Has the accuracy of bid quantities for the work defined been X
verified?
26 Are the bid expiration periods stated and reasonable? X
27 Have the criteria to be used as the basis for awarding the X
contract been clearly specified?
28 Has a review to ensure all the appropriate standard construction X
contract clauses been conducted?
29 Do the contract documents specify when ownership of X contractor built or installed facilities transfers to the government
or to the state?
5 I-043-4 IA(2)
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Appendix B • Design Review Checklists
tDesigo Review
!Project Tit~e & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenbure Countv, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
, ~ ,, ~'}'~';t "> '::iii ~~V' m'1~---' '·00 , , '+'"' ,.~. '':ll,' ,, >•w? \;t}'v'T:'~''Nif!;;'!j\ -,,W;~41Jf•' i'~~-'''.!'!li!'.,lj'""'~"i<l'~"•:•,~i!!"'ill r~5': ·• .· •. ~r~.f4'. .. r. *.: · ~-·,--~· -OPERABILIT¥-'-!~ ~~F'~ .. ,,. :x':t~-•)l:i'frf,;:,Ji· J.)Jt, ~ ·" , zit; ,.,.4";...-,., ·it! -~&.J'. · ' ~vii, l~f " TY;;¥'li. if_,._.,,.,_,_-,.,.-"'/it_, ,_,. ,'.!', __ 1,.;-.. ,• • .,,,. ,., ___ -·--•-· ______ ;,u..,_r.'l; •••• "' ,.~·~;,:'..,.,,.., ,.., ~ ~ 1-.,,.."'ti ... '1:o ,., , .;~~~,; ~ , "' -~¼! "v;.._, ... i/._<'.;
··• ~~-,,i.-... 1~~W~l:~;:_,,?i::,~ (--~-J,"I ~ --;~p;.:~b "{4'i,'/· f"',,;~U•· .'i~;,-,·, ,'1. i~dt:•·,'>1!-o:..-,;;,:;;, -~~~itt•1,fJ:if-!i.:r,'~~J,~~'<""~tM ,;~'.tLi:.~l:v../:\ilo;.;;:":.i'l'li.o'k:!i!,,lP,ros~•.aJ!jlJf!!t~~111s!!lllt!"~.P.!agrnmsj ,Ji, !t'\WMJ!lil." , · ; ~M,!11:.,, : .~ · ~
I Are the various components in the overall process train compatible: X
2 Is the process. reliable? lfnot, have back·up systems been provided? X
SPECIFICATIONS 3 Have the critical sampling points for process monitoring been X
identified?
& 4 Does it appear that the proposed treatment system can be operated X
efficiently without the need for highly specialized training?
DRAWINGS 5 Are the operating requirements compatible with the intended levels X
for the proposed process?
6 Have control panels been centralized at one location? If not is X
staffing adequate to man several posts?
7 Have alarm systems or comparable warning systems been provided
in case of mechanical breakdown or system upset?
X
8 Does the selected equipment meet special needs (i.e., long term X
operation, acidic waste, low feed.rates, etc.)?
9 Are there provisions for expansion if additional treatment capacity is X required?
10 Is sufficient data collection and monitoring planned? X
y.· 7-:,;---o! ,,~,-~:.r,;j,.~F-;-6)'~ .\~.l-~ ·F·~~"!1
00:f l~~:_~".:.:.:;iP"~-!A-", :;Et!"·.•; r _,_;..,,· "'''t"'if~:~·;.:,~1-•;~l'.>•'.~~i1?~ji'1$;l:;,::;,_-:T:+A,r~; ~• ~~ij :,~1.A•, :,.ir .... ,,_. ·.,~ ·,,•·~,-•' ac111es:an 1 .rocess~ u1 men, a ou ,71 h · ·. l?-, ,.1:, ~~>t:, ·.?,;;•'" .'1t ,,.t,,.,..cl,;;( .. :'€r1;}6.,,,,./~·,,17::41. •• 1.~,:t ...... :')\_, __ ,,_______________ ... ,, .. Q __ p --·· .' __ Y, ____ ?f.~;,,,, ,1.J" ..... ~! ~ §l-v~'ii :...Lf. .. ~~---i;: .......... ~ ....
11 Are the process equipment and local control panels placed so the X
operator has easy access?
SPECIFICATIONS 12 Have special materials, handling problems, ( debris, dust, tree roots, X
wet soils, clay, etc,) Been identified and addressed?
& 13 Are the items requiring routine maintenance accessible? X
14 Are sampling valves and equipment accessible for operation checks X DRAWINGS and for preventive and demand maintenance? (If the equipment is
hard to reach, it may not be maintained in a proper manner).
15 Have washdown and housekeeping requirements been specified? X
51•043-4IA(J)
B-5
RD/RA Handbook Appendix B • Design Review Checklists
tDesign Review
~roject Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenbur2 Countv, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
~~~![~'~"' '"'"'"'"' -~l?f"'lll"""'' '~~-~~"''!J!!!Y~'.D ~4~~~~"~~ , ___ 4, .. ~.1 ,, ;.:"J,. -{ 1 ,1s·ecifiktio~OS1PfeVieW~~~'···:~ .. · ..... \!,-~'---~"h-· , PtJ ,;½i·:· _: .·, ~ ·'.·· ,;i .,,;if -~ • g~•--.c._ , ........ __ .)1,.P~---·-· ___ -·--•-----,..~~:t~1i-,,._ , . .,,.~,:..;;(, ___ ,,.:;. .• , _ .... -~~l\ ~c--Sfl~~ .. ¥1 J,.,,._ 1-__ 1lfJ;:,,,_
SPECIFICATIONS 16 Have the performance testing requirements for process equipment X been specified?
& 17 Are equipment manufacturers' and constructors' warranties and X guarantees required, and are they of reasonable duration?
DRAWINGS 18 Have the specific procedures for handling latent defects in process X equipment been specified?
19 Do specifications address compliance with equipment safety codes? X ~~;;~;~~l~~;Glii~~1~t'ti~J;1ifs'$t~~;~ ;~~~~17;r1~f.r~~~~~ tf. ~liJ, ,:;l:, i' ~ ,. . !,.,, .. ,_,.,~•··-·~,,i!. ,_9 ... , ... ., ,_,, ,__,.. %,Ji, >-~ <~ ) h•\\&l<r~ \ ~I./
SPECIFICATIONS 20 Do the design documents specify submittal requirements for the X equipment supplier O&M datasheets and for test results from factory tests?
& 21 Do the specifications include a requirement for completion of the X O&M manual and a description of the type of equipment
manufacturer services that will be required during the training start-
up phase?
DRAWINGS 22 Do the specifications include the responsibilities of the constructor X during the start-up phase?
23 Do the specifications include the necessary requirements for training X maintenance personnel?
-~~f:,-r .. Ji!i,i~~111~~-E.5t.1~'.\ii~t/S${tcro~rmr~;~t~~~~~~~~-;.:,.,;,;:, ,t -~""'"" "-'$,• tt.'il~ 'Atfit .•.. Q .P ...... ~ .. P ___ ... ··-•-•--~:G..•.\1.'. -"~•-, l. --~""' -,,.i.i&, .. ~A-~ .,,,:.ii"k1, ~ · •. ~-·-"' ....
24 Have factory testing requirements been specified? X
25 Have installation requirements, alignments, adjustments, and X lubrication requirements been addressed?
SPECIFICATIONS 26 Have functional field testing requirements been specified? X
& 27 Are there requirements for equipment labeling? X
DRAWINGS 28 Has a list of manufacturer's recommended spare parts and special X tools been specified?
29 Have requirements for manufacturers' certification or proper X installation and performance been specified?
30 Have detailed manufacturer service requirements, including number X of days spent on site and number of trips, been specified?
31 Have types of sampling equipment and their applications been X included?
32 ls any of the equipment or are any of the materials more elaborate X than needed (i.e., can other standard or off-the-shelf items be
specified)?
B-6
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.
RD/RA Handbook Appendix B • Design Review Checklists
Design Review
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburn Countv, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
,~,~-., 'f.:''.1-' rlc • '>/el;' .. ':·,~ .... ~ .re.~"u,:v\lm;:,· r,•~;:~·~"lftl!i~--]'l'V,'~f';~'\~~-·_:.,;._ ··. :i,,_iff:,H.:iJit~-'!.Mechamcal\So"ec1ficattons;"" . "lt1nL ,.,.ti¥'. -:;_,~.,. 7. ,-¼!. ... · . ..i./ l .~_'i;· '/\}i.. v _ •. ,
33 Do mechanical specifications comply with state and local codes? X
SPECIFICA TJONS 34 Have test pressures been specified for piping? X
35 Does the valve and specialty list include pressure ratings? X
36 Is equipment soundproofing needed and specified? X ~";[4t~•~~,.,:m;,:As•-uq~;~,•~1!il\~~'~d;$'~"'~~~ /t·~•~j_:.,.::i· t_,Electiica1,sp-ecifiCatioifs.~-·: 1:fm_ .~·.t_' ~{ .J..:.:'"·· .. )~~... Vf, -· _, · -i-4::' ~~~'"lJ 'n'" -,~ ,,.,
37 Have a sufficient number of I 00 and 220/440 outlets (provided for X maintenance purposes) been specified?
SPECIFICATIONS 38 ls the system properly grounded? X
39 Has cathodic protection been provided for equipment? X
40 ls lighting adequate for O&M functions? X
41 Has conformance with state and local electrical codes been X specified?
42 Has power surge protection for equipment been specified? X
51-04341A(4)
B-7
RD/RA Handbook
iDesign Review
!Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburg County, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness .(provide comments on separate sheet) Yes No NIA ~'~i· 11r•~=·) ,,,·· .. ,·•{;\'.''ft. ~··fu.· , .. ,.,-.;,~•·11riar•y,.w-~t·~,_ • .._ ; ,. t,<'·,,.·P., ~~--"'°t~ ~.-,..,_,1-..,•1:·,"C•~R;'.~ 'i\J !,I..-~~W"4~.;, 'JJ -· l!;t'. ' i . f,,.,, .; ·,,i,:. "'· . ,,_ c,e.)coNSTRUGfABiLri;v,s . -,~;tt . '' 1/ • ' ·,~., ·1,"" ililll' f ,. ' , ' "'.I· f ~· l ,_. ' j,\,,!£¥ .", w;r..,..,.~ fl~-?l ,;.,~,~i•(!;t.,.,•-~-•-=Jh¼Jd,1.,,k11-U:~tf111".'i.t.f, ;;_ "· J!~. ,'~ " /;.· '.2¢~~ -1~, ' ,:;:: .. Jiii.t.
I Are there any potential construction constraints imposed by the site X or unusual site conditions which could affect the RA?
DRAWINGS 2 Are the seasonal constraints that will affect the RA identified? X
3 Is there an accurate depiction of design structures and existing'site X conditions such as access, storage and utilities?
4 Is there a lack of prescribed procedures for critical work, excessive X detailing on drawings?
5 Have existing utility locations been identified (water, sewer, ~ ~ ~ electrical, telephone)?
51-043-4IA(6)
B-8
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RD/RA Handbook
Design Review
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburg County, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
l,'i:fil'~~',,"{l\llf!'"',ilj!il;..c:ll'~'.~j:..,,,l~f;;;~-.'tl:'s'f17'C:~;,,"5~ ;,!~~~"<'(~1!;,t'tJ~f·il\l;:~l,~"'' >~ " \ifl:•{'·•W:;'v,;• -t .~~(~,;..'"' .. ~.<I:ONSTRUCTABILITY>-~~-rtt;il ... .;~-'.!'"$ .. \ -~-,;,:·.\:-~ r~:. .;:,,. · }~.)~~ildii ·\r. ' ,:~; i.:.:,. .. , .?Ji#'. -.~-', \., , d .4-:'f•.t ~ -...-;i>J-.,._;:,,, _., •• ..,. •. --~..;.,., ,-•· ~ .... ~i;l~~\" .;;_ __ 3._ .;'!'r-!liJt1. -...... ~j . -.~-,..• , ""' . ,~1,-Z. ",.., · -,_ p;;,{~i. · -'SL\'.r.G..,,'41'4
I Are there any potential construction constraints imposed by the site X or unusual site conditions which could affect the RA?
DRAWINGS 2 Are the seasonal constraints that will affect the RA identified? X
3 Is there an accurate depiction of design structures and existing site X conditions such as access, storage and utilities?
4 Is there a lack of prescribed procedures for critical work, excessive X detailing on drawings? '
5 Have existing utility locations been identified (water, sewer, Note electrical, telephone)? I
51-043-41A(6)
Note I : Utility location will be performed by performance-based subcontractor prior to excavation activities
B-8
RD/RA Handbook
!Design Review
!Project Title & Location: Ram Leather Care Site
Soil Excavation [nterim RA
Charlotte, Mecklenbur2 Countv, North Carolina
.
Documeot Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
"f'• •' 1,l'W,r'<f~),f -_.,' l°J'.' .111:!'i..'¥,., ~ • !i,-,,_.,__.,,.,, -' '·<1 t11i: '1 1,;t·:)!, . ..,_ .,> 4',' ; 'f.itii' I '·• . i; ,• Pl'.~1~""""'~"\·~• !'lw:/i•,;."i~~•T/:-«fllt'.,llfli!:, '"{f,ft'<'~ffl?,jl'. ',CS?f,.(1>'''"1:'f&lit~ \i,~;,;,liilt,i ;.!\lll\,.,';l.a ..,/; .CLAJMS,PREVENTJON:' "i,;'l.!'$.r "' W~•' ·. '·' ',Jr<;;~,;,!,~' ' .";), ik· . ,l• "-",ti~ '-._1 !.~1}J:;;i ..,'l,,.J 'C.:•.:,'l',;-,:,::;.--nu;:;;:.ni,11,.?.i,~ ~~ ,,.·.;:~:,.\.I .1-"-,~--· ;J;t~t"-L . __ r.;:., 'T... 1"ill.hr~ .4'-:i.J!' r,.;~ ~~~ ... ~-.,, , ·Hi
1 Is the contract clear, complete, and enforceable? X
SPECIFICATIONS 2 Does the contract language use the common and normal meaning of X
words?
3 Have the contract documents been reviewed to ensure that conflicts X
do not exist among various sections?
SPECIFICATIONS & 4 Have the architectural and engineering disciplines taken sufficient X
DRAWINGS precautions to ensure the design is reasonably free of errors?
5 Do the contract documents adequately support the terms of payment X
selected (i.e., fixed price or cost reimbursement)?
6 Does the contract adequately explain the contract and consequences X
it contains for the contracting party and constructor?
SPECIFICATIONS 7 Are the criteria for constructor selection clear and fair? X
8 Are the performance standards complete, adequate, and X
unambiguous?
9 ls there a remedy and procedure for changes? X
10 Are the estimated qualities reasonable? X
11 Is the site (and soils investigation) and disclosure of technical X
information adequate?
51-043-4IA(7)
B-9
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RD/RA Handbook
Design Review
!Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenbur~ Countv, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
''.'J i•;,:'ijt~1i•l~i •j"',r.11),,;1;: .. c,,~,"-"'-i~,:,jj~:~i~·'::Jtf~t~!,ii.-iiirll.~-f~ 'i:!,i'il~" '•• •~ ~1:.~f· ·''"ENVIRONMENTAL ~ .. e•,,.f,3'% s;,,.;,<'{:11".'?l·~•·,,,~~,· '.!l! •·~ ,, .. , .. ·' •. -~'-~isJ:1._ :..t:'1;«...;!.;.5~. r~!.."1':.11~.:v~ ·1t..~~C>"!;.'.,t...;,;;••,~"-•\'-~ 'C\}1dfe:.::~~..:,_ii,;l,~.' ..&>.<~1'A~ •.. ,tl .• ~.. . ' ,.. •'•"''t'k~.'~~-..;'i' ,;~
Is there compliance with all applicable or relevant and appropriate
I environmental and public health requirements identified in the X
Record of Decision?
SPECIFICATIONS 2 Are currently accepted environmental control measures and X
technology utilized?
& 3 Are all substantive permit requirements clearly identified in the Note
design with a description of the means of demonstrating compliance? 2
DRAWINGS 4 Have all required off-site permits been applied for by the designer? X
5 Does the design require the constructor to comply with the off-site X
disposal rule (Section 12I(d)(3) ofCERCLA)? Are back-up facilities
required in the event that the primary disposal facility goes out of
compliance with the Resource Compensation and Recovery Act?
6 Are all performance standards clearly identified? X
7 Has perimeter air monitoring been specified? X
8 Are dust and noise control measures specified? X
51-043-4IA(8)
Note 2: Required permits will be obtained by performance-based subcontractor prior to site activities.
B-10
181
□
181
181
□
181
181
□
□
□
□
181
181
181
181
□
181
□.
181
181
□
181
181
181
Appendix B -Design Review 'Checklists
Attachment 1
Checklist of Remedial Action Bid Documents
Index of Bid Documents
Advertisement for Bids
Instructions to Bidders
Bid Form
Addenda Acknowledgment
Bid Bond
Certificate of Surety
Acknowledgment of Principal Firm
Non-Collusion Affidavit
Certification of Nondiscrimination in Employment
Certification of Nonsegregated Facilities
Authority to Execute Agreement
Farm of Agreement
Performance Bond Form
Payment Bond Form
Certificate of Ability to Obtain Insurance
General Conditions
Supplemented General Conditions
Federal Requirement and Agreement Provisions (Io this bid package referred to as
the Prime Contract Clauses)
Davis-Bacon Wage Rate Determinations ·
General Agreement Requirements (Special Conditions)
181 Scope of Work
D Control of Materials
D Utility Coordination Requirements
D Project Supervision Requirements
D On-Site Inspection Procedures
181 Safety Requirements, Responsibilities
D Emergency Procedures
181 Progress Schedule (Io this bid package referred to as the Work Breakdown
Structure and Schedule Requirements)
181 Payment Procedures (Measurement, Payment)
181 Change Order Procedures
D Correspondence Distribution
D Submittal, Processing Procedures
Technical Specifications (Io this bid package referred to as the Performance
Work Statement)
Drawings and Plans (certified by a Professional Engineer-Not Applicable for this
bid package)
Supplemental Data ( e.g., geologic data, hydrologic data)
B-1
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Appendix B -Design Review Checklists
Checklist of Additional Remedial Action Bid Documents
The following documents were not included in the formal RA Bid Document Checklist but are incorporated within
the bid package and are therefore included in this additional checklist to show that they have been reviewed.
181 Representations and Certifications ·
181 List of Lower-Tier Subcontractors
181 List of Suppliers
181 Experience and Safety Questionnaire
181 Certification of Training, Medical, and Safety Requirements
181 Small and Disadvantaged Business Utilization
181 Insurance Requirements
51-043-42
B-2
RD/RA Handbook
EPA Design Review Checklist
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburg Countv, North Carolina
Design Phase: Reviewer:
□ Preliminary Name Nancv D. Geller, P.E.
□ Intermediate Organization Black & Veatch Snecial Projects Com.
X Pre-Final/Final Telephone [phone] Date 12-21-2005
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section~•:•:~~ph) "'~o. .. . ?pro~ri•'.~~ess (p:ovi~e c~m~ents on sepa:ate ~
f'i''4tiilil~frl!!:ti~~r,i,,gi!tj1"~F•"'"'iv>~W"-~~%i~~~~all\!11]· ~r. ,-.i,-t-! ,.,,.~•i;,, ·~·\·:w: ~::; .e~BIDDABIEITY..%t~: .. ~J:<'; :;,_ ~: ~,,.,_. -,:1 -~, ~.:i; it tli~m:.iirb"'":.::u~.-,:miii.1, .• ~ .. '11::. ~-~=.:--&::1,t:J~U:;e~.~1'-'~1&~•1 -c;. .. ~~ J. . ~-.;
SPECIFICATIONS I Are specification divisions appropriate and per CS! format? X
2 Are substitutions allowed as an "engineer ( or owner) approved X
equal" to allow flexibility during construction?
3 Have the appropriate material and equipment standards been X
specified?
4 Does the review confirm that no sole source or brand name X
material or equipment has been specified?
5 Are terminologies and notations consistent among drawihgs, X
specifications, b_id items?
6 Have appropriate construction techniques been specified? X
7 Are cross references of drawings to specifications complete and X
accurate?
8 Has a description of materials and/or facilities provided by owner X
been included?
SPECIFICATIONS 9 Has a description of items of work provided by each contractor X
for multiple contracts been provided?
& IO Have the quality control responsibilities of contractor and X
quality assurance by owner been adequately addressed?
DRAWINGS 11 Have all submittal requirements (content, schedule) been X
identified, and are they appropriate?
12 Has owner review period for each submittal been identified, and X
is it reasonable?
13 ls the construction schedule feasible and clearly defined with X
schedule interface points identified?
14 Have completion times for distinct phases been specified? X
15 Are the drawings complete (i.e., sufficiently detailed, clearly X
define the work)?
16 Are specifications complete? X
B-2
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Appendix B • Design Review Checklists
51-043-41A(I
Design Review
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburo Countv, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
17 Should supplemental data be referenced on drawings or X
specifications? If so, has it been provided?
18 Have the cost/schedule monitoring requirements (i.e., progress X
reports) by contractor been clearly identified?
19 If off-site disposal of material by the contractor is required, have X
the contractor's responsibilities been clearly identified?
20 Has the division of work been clearly identified at contractor X
interfaces, where more than one contractor will be working at the
site?
21 Does the bid package include all of the appropriate bid X
documents (see biddability review in this attachment)?
SPECIFICATIONS 22 Is the structure of the bid form appropriate (i.e., are bid sections X
coordinated, defined, unambiguous)?
& 23 Do all bid items have appropriate units for measure and payment X
and are they consistent with the specifications?
DRAWINGS 24 Is the scope of work for each bid item clearly defined? X
25 Has the accuracy of bid quantities for the work defined been X
verified?
26 Are the bid expiration periods stated and reasonable? X
27 Have the criteria to be used as the basis for awarding the X
contract been clearly specified?
28 Has a review to ensure all the appropriate standard construction X
contract clauses been conducted?
29 Do the contract documents specify when ownership of X
contractor built or installed facilities transfers to the government
or to the state?
51-043-41A(2)
B-3
Appendix B • Design Review Checklists
Design Review
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburg Countv, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
'i{/i:°~'""'~4:~~. "'· ,e <• -"'"""~~~~•'~'"~l'fft,"''""'~~ijP•~~j ·-' . > • 1 ·11::;, ~ · 1• "' 1}OP-ERABIBITY.. . "f" ·• •:;·] -·: . fl_~-· iJ·· · -;; ~': _.,._ -, _ , , !·o),..,).. l1~r •. ~• . lit .. ~.,.,.... . ,,L .. R.1'!1>; > ~Li;. > i\,) tM,!lliJ,-,l'IJ ... ,IF(;! . ~,;.HJ< . . ::1~~:~~~;~:¥w:~1}~~P~~~~~1fi't1-t~r:titt~t~orr~~~·i'~t~~~~ -,~;.!f"'s" L!:.n •. ~@::,. u.i~--....... .... . ... ,..... . ...... g ___ ,. .'ii. i.'iJ .• \!;;'.I'.,,· ,,;,. L ., .
I Are the various components in the overall process train compatible: X
2 Is the procesS reliable? Ifnot, have back-up systems been provided? X
SPECIFICATIONS 3 Have the critical sampling points for process monitoring been
identified?
X
& 4 Does it appear that the proposed treatment system can be operated
efficiently without the need for highly specialized training?
X
DRAWINGS 5 Are the operating requirements compatible with the intended levels X
for the proposed process?
6 Have control panels been centralized at one location? If not is X staffing adequate to man several posts?
7 Have alarm systems or comparable warning systems been provided
in case of mechanical breakdown or system upset?
X
8 Does the selected equipment meet special needs (i.e., long term
operation, acidic waste, low feed rates, etc.)? X
9 Are there provisions for expansion if additional treatment capacity is X
required?
10 ls sufficient data collection and monitoring planned? X
~:-:,~~¾2f&~J:_,1•;:,.~;-•,-~.-,"N';/';"~.--1.<'.,'f:-.i;;-;;J..·_~il.,;;,1~:,.s.!iM.'.?,'t.~!,CJt.:i"~-''.l'~~),:,'i,'f}:?!JfP,_i~~\.\5jf~,'.;·"~~.t;~~~,l!f~"~;;1~.~]t~-4'•~ i~r . : -':: ,-,~;~ '-i~·!,:· .1.~f~~!l•.!i~~!1.!LRr!l£~.:~.q~!P!D~.!IJ)~ay9_!Jts~~,~~;-,.~~.J&i ir~2.J~ i11a:.'.l~~w,-JSl{!4
11 Are the process equipment and local control panels placed so the X
operator has easy access?
SPECIFICA T!ONS 12 Have special materials, handling problems, (debris, dust, tree roots, X
wet soils, clay, etc.) Been identified and addressed?
& 13 Are the items requiring routine maintenance accessible? X
14 Are sampling valves and equipment accessible for operation checks X DRAWINGS and for preventive and demand maintenance? (If the equipment is
hard to reach, it may not be maintained in a proper manner).
15 Have washdown and housekeeping requirements been specified? X
51-043-4IA(3)
B-4
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RD/RA Handbook Appendix B • Design Review Checklists
!Design Review
!Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburn Countv, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
i~~J![tdf·ni~~~~~~,1~?'"'"r."'t"'''"i>111"·~•1fflw~,~,,~·i1t:l!!tJffllE~1i~m11t~ilfa·"ill"."'~ V ~:.,. .::. .... >,-~!!_:.,' .t,J,_·,,,, ri:,. ;_; .... :~.-pe_~t •~!l_!OD_S' _r_!y•~.'!"t...'f"".:; Jr,·~.;~~"'::~,•::;~~-' . .:-«JA'i. ':,.,,:_ '. :i-... '' ' g, -¥, .. fl: . . )'
SPECIFICATIONS 16 Have the performance testing requirements for process equipment X
been specified?
& ,17 Are equipment manufacturers' and constructors' warranties and X
guarantees required, and are they of reasonable duration?
DRAWINGS 18 Have the specific procedures for handling latent defects in process · X
equipment been specified?
19 Do specifications address compliance with equipment safety codes? X
p,;,,,'1c1~\\il,:;;;tJ1•;:1.li~~~G'ffi'>,Sl"'·f!'j{il>:i:'',l•~·;,~:<l±'~tlt'i/7,tili'.~-i":iii~A~itl'~'i~i,z~~!l 1:i:...~1!.'~,.,.•·~-l}l~.\dh~;"J-L · ',} s,-;""..:.~.wr ..... enenL,..~Q!:llre~£~~-" :.L ' fflR-1! :;.,, "<! ~w: .. , ~ , .. :W,,!!;., _ • ." ,1~ .. \$. ,j li,-£n'.,;.,.? · ...
SPECIFICATIONS 20 Do the design documents specify submittal requirements for the X
equipment supplier O&M datasheets and for test results from factory
tests?
& 21 Do the specifications include a requirement for completion of the X
O&M manual and a description of the type of equipment
manufacturer services that will be required during the training start•
up phase?
DRAWINGS 22 Do the specifications include the responsibilities of the constructor
during the start-up phase? ·
X
23 Do the specifications include the necessary requirements for training X
maintenance personnel?
'. [11; '!i:b"t-·-i:f b ,:'. •'I , ·.¥-:~.1 a._t,-f ri: ¼'i': •j~~i:--£11t.,,'1tJ;/-'-'"' 1:1,:::: -1'1',:,. ~JSl .. \&:~t·-ffSt.f.CU~ff:'frV~·Ji-t;"\'''.tf;'"\t q:r!f@'!J ~:~p ~{"';.-11, ~J:i-~~:f~'\;'•'1:ff,,.-7f' ?f'r_· '"':"9;,:'=''j ,::J1}i\1;J-_1.:~1-,.,'1',t4:;?t;tt'Y;.t't ·--1~--~ .Equ1pment,Specdications_w.;;if -••:.t1: .. ~.~tU:,•fi,-~, -;r' .:-.:•.: ~j;,-_ \~1 • r,zt,,--:--•~1..°1:" fit·:~,, -"'~"'. -"·•-• _..,._ __ ,,.~,-... i... __.,,l,· ···-......... •· ·•-•· .•... ,.<T's, /iJ ••• ,,,~, ii -•',. :Xn .. ,,<f',.ct; .!ifJJ,,_~_)'\;J,t,,~• "•ffil,._!J ,. ~l.. ,,
24 Have factory testing requirements been specified? X
25 Have installation requirements, alignments, adjustments, and X
lubrication requirements been addressed?
SPECIFICATIONS 26 Have functional field testing requirements been specified? X
& 27 Are there requirements for equipment labeling? X
DRAWINGS 28 Has a list of manufacturer's recommended spare parts and special X
tools been specified?
29 Have requirements for manufacturers' certification or proper X
installation and performance been specified?
30 Have detailed manufacturer service requirements, including number X
of days spent on site and number of trips, been specified?
31 Have types of sampling equipment and their applications been X
included?
32 Is any of the equipment or are any of the materials more elaborate X
than needed (i.e., can other standard or off-the-shelf items be
specified)?
B-5
RD/RA Handbook Appendix B • Design Review Checklists
!Design Review
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburg Countv, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No N/A 1,,,ii'~e1,,~:l3JrM¾\lift¾!'',ti·s""''1':fi'<J,r""t,;1irlii~~~'il~;\l~~•rB~.i,~~ r;,,-,,::r:• ~-·~~·,.,."': ec ante t peet_ca1ons.iR.f J.,;.. .• "J,t:,,..l.:.·" :J<•.,! ·.-::.~-~·A.."J .. · '\ •L' ,,.~ ct:-,. -•~:-" . r;tJ~~t-.,;;.._
33 Do mechanical specifications comply with state and local codes? _ X
SPECIFICATIONS 34 Have test pressures been specified for piping? X
35 Does the valve and specialty list include pressure ratings? X
36 Is equipment soundproofing needed and specified? X
r:••"~~~~"'feer'~c"il!'' !!1:l"·W,~Jfflf~~~~~~~-~ ""~~~_,:, ~ · ·.,a;' .. .hEl~_~al.S 1_eCification~· __ -~!I~•--~~ _.,f "' ., "'? ':., .;;.~-• :«:J· J!L..;, -. .... t ;.i.'l':'.:;.,t-~ {!Jw,;i-;'.:,r · · :~
37 Have a sufficient number of 100 and 220/440 outlets (provided for X maintenance purposes) been specified?
SPECIFICATIONS 38 Is the system properly grounded? X
39 Has cathodic protection been provided for equipment? X
40 Is lighting adequate for O&M functions? X
41 Has conformance with state and local electrical codes been X
specified?
42 Has power surge protection for equipment been specified? X
51-043-41A(4)
B-6
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RD/RA Handbook
Design Review
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburn Countv, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA ·. •·: · ~f~~f ,•;ij2 /I· ~:f1f:-•r-'f 1t..,r1-:i1±\:~!1::.~7.;;.:::.-'#:.. .. ~•~\'.' .;rti;_~.;; "'': :·~t·. t~ ~;~ 1J;r1-.~·-,~~~--V;¥'~·~,:~-fi. 1t~~•-~1Df4'1:;-~\y< · ·:.~r~·:,.-•ir· ·, il t, . -~1;;•;' :_~; ,. •. ,;. t~-;;;,_,:~•:t:.•;\j'>'.'~1 '"C0NSTRU€TABILI17,\'i ._,, ·-' i, _:;,; .. ·"'·•~. J ~~---·,,'r1t! .,.,_ ,;/ .··,.-:t• -~ :!1 .· . ,f,.,Vj~: \ ~:,.i ... ,: t , .. 1:i.,.wx, .. _J11,W.i, Ql., .• ,.l~il'1¼ii'1f•-,,,"'4"···~-C• ~--o••~r~~. ~ht~i!il'J~I~ ,,.itlL, • ..,.,{~"if'111'f~t¥.
I Are there any potential construction constraints imposed by the site X or unusual site conditions which could affect the RA.?
DRAWINGS 2 Are the seasonal constraints that will affect the RA identified? X
3 Is there an accurate depiction of design structures and existing site X
conditions such as access, storage and utilities?
4 Is there a lack of prescribed procedures for critical work, excessive X
detailing on drawings?
5 Have existing 1;1tility locations been identified (water, sewer, Note
electrical, telephone)? I
51-043-4IA(6)
Note 1 : Utility location will be performed by performance-based subcontractor prior to excavation activities
B-7
RD/RA Handbook
esign Review
roject Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenbur Coun , North Carolina
Document Reviewed Item
(Section/Paragraph) No.
Component to be evaluated for completeness, clarity and
appropriateness (provide comments on separate sheet)
SPECIFICATIONS
Is the contract clear, complete, and enforceable?
2 Does the contract language use the common and normal meaning of words? · '
3 Have the contract documents been reviewed to ensure that conflicts do not exist among various sections?
SPECIFICATIONS & 4
DRAWINGS
Have the architectural and engineering disciplines taken sufficient
precautions to ensure the design is reasonably free of errors?
SPECIFICATIONS
5 Do the contract documents adequately support the terms of payment
selected (i.e., fixed price or cost reimbursement)?
6 Does the contract adequately explain the contract and consequences it contains for the contracting party and constructor?
7 Are the criteria for constructor selection clear and fair?
8 Are the performance standards complete, adequate, and
unambiguous?
9 Is there a remedy and procedure for changes?
IO Are the estimated qualities reasonable?
11 Is the site (and soils investigation) and disclosure of technical
information adequate?
8-8
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X I X
51-043-4IA(7) I
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RD/RA Handbook
Design Review
Project Title & Location: Ram Leather Care Site
Soil Excavation Interim RA
Charlotte, Mecklenburg County, North Carolina
Document Reviewed Item Component to be evaluated for completeness, clarity and Acceptability
(Section/Paragraph) No. appropriateness (provide comments on separate sheet) Yes No NIA
,,. T. -,w.;0 "'° 'j .. •· CH• .,,. .. •. -5,,'1!, , .. ,., •"-· ·,-~ ,•·e -~·hhi l'Jt,f/J!lf,1/,{f!f;''t{Jf" • •~\i•,1).'~•!p"f:'"''w]i'','l;J,'~"''' _:" ·_•,,7,\ :, -,.ii •w:,,~~j~ ~:[;~·•i; t-t,'-1~,.'.~~' &,,~t,'.ur;,.Jµ w~, .. ;: ?1,;1·~;:1', . . ,1;,;,,: -~~ ' , ·.. . *-~if t1'·1;~~ -• -~ ~-'ll r1-~t.;l\f'Y'f"!:]'f;r~ ·_ :·:.:.~r•-1-~JW,,.~@ll ~''•·' , ,, s \l>i ,., •ENVIRONMEN'fAIJ•,,,·'r·~ .,,._,... · P,1 .. ', -~ "Jt''' ~ P· · ·•'~~•'' /,., 'J Ji E'':t<,.•~~¥ .:~.»:.:,~~.(-,,;.t ~..:.-.,~f----•~.:;).•ti:f:. : ,,.r;K,..,r;,,;.,,.,~ • ..::,,· ~.:!rf,_,f..,,. __ ·ijt-"uot'Ri'. '!'Ii. : ,.'<:;V-,:'5.at,~t:b ~,;e ... ,_~ ,:,'-,.;:tfr'il~;.; •!'f. cli'A:f:,i "'
Is there compliance with all applicable or relevant and appropriate
I environmental and public health requirements identified in the X
Record of Decision?
SPECIFICATIONS 2 Are currently accepted environmental control measures and X
technology utilized?
& 3 Are all substantive permit requirements clearly identified in the Note design with a description of the means of demonstrating compliance? 2
DRAWINGS 4 Have all required off-site permits been applied for by the designer? X
5 Does the design require the constructor to comply with the off-site X
disposal rule (Section 121 (d)(3) of CERCLA)? Are back-up facilities
required in the event that the primruy disposal facility goes out of compliance with the Resource Compensation and Recovery Act?
6 Are all performance standards clearly identified? X
7 Has perimeter air monitoring been specified? X
8 Are dust and noise control measures specified? X
5 l-043-4 !A(8)
Note 2: Required permits will be obtained by performance-based subcontractor prior to site activities.
B-9
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Appendix C
Pre-Final Remedial Action Construction Schedule
1111--l:i-,l--------------------------j 11! -ii I' I ! i I-tit------------------; I L j ' ;., ! -! I I p ! 1Il I I ' I l H 1--------------lt--H''----------' Iii . ill ! !i--------<1----+~-l~IJ---------------j I' ! H-f-------;·1c>J---t--H--------------------i
• ~ I :-•----,-r~,~----------------j
'
~f-1--1----------------------j
i--1--------------------7
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I Appendix D
Pre-Final Cost Estimate
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- - -- - - - - - - - - --· - - - - -
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name: Preliminary Design for Soil Interim Remedy
ID: Soil
Location: CHARLOTTE, NORTH CAROLINA
Modifiers: Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
Category: None
Report Fiscal Year
Option:
Name: Soil Excavation/Disposal (Subtitle CID Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Remedial Action Work Plan
Type: Remedial Design
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: Ex Situ
Technology
Name: Remedial Design
Prime Markup: 100 %
Sub Markup: 0 %
Media/Waste Type: N/A
Secondary Media/Waste Type: Soil
Contaminant: Volatile Organic Compounds
(VOCs)
Secondary Contaminant: None
Markup Template: System Defaults
Comments: This estimate has been used to estimate costs associated with the preparation of
site-specific plans by the performance-based RA subcontractor. The level of effort
assumed for this task has been estimated using the Ex-Situ Perfonnance Based
Disposal approach, moderate complexity, comprehensive level of detail at the RD
level, and at the Pre-Final Deisgn level within RACER
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11 :12:21 AM
This report for official U.S. Government use only.
Page: 1 of 2
Element: Prefinal Design
Assembly Description
33220102 Project Manager
33220103 Office Manager
33220105 Project Engineer
33220106 Staff Engineer
33220109 Staff Scientist
33220110 QA/QC Officer
33220111 Certified Industrial Hygienist
33220113 Secretarial/ Administrative
33220114 Word Processing/Clerical
33220115 Draftsman/CADD
33240101 Other Direct Costs
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11 :12:21 AM
Technology Detail Report
(without Markups)
Unit of Material Labor Quantity Measure Unit Cost Unit Cost
10.00 HR 0.00 25.18
21.00 HR 0.00 35.84
17.00 HR 0.00 18.65
82.00 HR 0.00 14.86
115.00 HR 0.00 14.47
15.00 HR 0.00 32.96
33.00 HR 0.00 28.29
10.00 HR 0.00 9.41
75.00 HR 0.00 8.38
19.00 HR 0.00 12.99
1.00 LS 113.87 0.00
Equipment
Unit Cost
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total Element Cost
Total Technology Cost
This report for official U.S. Government use only.
Extended Cost
Cost Override
$251.84 D
$752.64 D
$316.97 D
$1,218.29 D
$1,664.03 D
$494.36 D
$933.56 D
$94.08 D
$628.78 D
$246.86 D
$113.87 121
$6,715.29
$6,715.29
Page: 2 of 2
- - - - --------------
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name: Preliminary Design for Soil Interim Remedy
ID: Soil
Location: CHARLOTTE, NORTH CAROLINA
Modifiers: Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
Category: None
Report Fiscal Year
Option:
Name: Soil Excavation/Disposal (Subtitle C/D Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Pre-work Engineering
Type: Remedial Action
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: None
Technology
Description: Design of excavation safety system and
access/egress. Site survey.
Name: PROFESSIONAL ENGINEER DESIGN
Prime Markup: 100 %
Sub Markup: O %
Media/Waste Type: N/A
Secondary Media/Waste Type: N/A
Contaminant: None
Secondary Contaminant: None
Markup Template: System Defaults
Comments: The permitting and engineering for site is estimated to be conducted by the RA
subcontractor for excavation design for building stability, personnel safety, and
access/egress.
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11 :10:29 AM
This report for official U.S. Government use only.
Page: 1 of 2
-
Assembly Description
33140203 Permitting/Engineering for Site
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11 :10:29 AM
Technology Detail Report
(without Markups)
Unit of Material Labor Quantity Measure Unit Cost Unit Cost
1.00 EA 40,281.34 0.00
Equipment
Unit Cost
0.00
Total Technology Cost
This report for official U.S. Government use only.
Extended Cost
Cost Override
$40,281.34 D
$40,281.34
Page: 2 of 2
-------------------
- - -- --------------
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name:
ID:
Location:
Modifiers:
Category:
Report
Option:
Preliminary Design for Soil Interim Remedy
Soil
CHARLOTTE, NORTH CAROLINA
Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
None
Fiscal Year
Name: Soil Excavation/Disposal (Subtitle CID Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Mobilization/Demobilization
Type: Remedial Action
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: Ex Situ
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/200510:57:34 AM
Media/Waste Type: N/A
Secondary Media/Waste Type: N/A
Contaminant: None
Secondary Contaminant: None
Markup Template: System Defaults
This report for official U.S. Government use only.
Page: 1 of 2
-
Technology
Assembly
17030110
33010114
33010201
33010202
Name: MOB/DEMOB
Prime Markup: 100 %
Sub Markup: 0 %
Comments: Assumptions:
Technology Detail Report
(without Markups)
3 man excavation crew for a total of 2160 hours (8 hr days, 90 days fieldwork) Assumes that the 3 person crew is mobilizing > 500 miles. Includes per diem for 3 people (90 days x 3 people).
Includes lump sum for 3 days of equipment mobilization.
Unit of Material Labor Description Quantity Measure Unit Cost Unit Cost
Construction Labor 2,160.00 HR 0.00 18.78
Mobilization Equipment (Soils) 3.00 LS 2,539.28 0.00
Mobilize Crew,>;;; 500 Miles, per Person 3.00 EA 450.35 0.00
Per Diem (per person) 270.00 DAY 111.47 0.00
Equipment
Unit Cost
0.00
0.00
0.00
0.00
Total Technology Cost
Cost Database Date; 2003
Cost Type: System
Print Date: 5/16/2005 10:57:34 AM
This report for official U.S. Government use only.
Extended Cost
Cost Override
$40,554.22 □
$7,617.83 □
$1,351.04 □
$30,098.12 121
$79,621.20
Page: 2 of 2
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liiilil - -- --------------
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name:
ID:
Location:
Modifiers:
Category:
Report
Option:
Preliminary Design for Soil Interim Remedy
Soil
CHARLOTTE, NORTH CAROLINA
Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
None
Fiscal Year
Name: Soil Excavation/Disposal (Subtitle C/D Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Soil Excavation Disposal
Type: Remedial Action
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: Ex Situ
Description: Level D safety
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 9:31:00 AM
Media/Waste Type: Soil
Secondary Media/Waste Type: N/A
Contaminant: Volatile Organic Compounds
(VOCs)
Secondary Contaminant: None
Markup Template: System Defaults
This report for official U.S. Government use only.
Page: 1 of 2
-
Technology Detail Report
(without Markups)
Technology
Name: GEOPROBE
Prime Markup: 100 %
Sub Markup: O %
Comments: Assumption:
3 points to 20 feet maximum for waste characterization soil sampling
18 points to 20 feet for preliminary soil confirmation sampling
18 points to 20 feet for additional soil confirmation sampling
Points will be installed by GeoProbe.
Assembly Description Unit of
Quantity Measure
Material
Unit Cost
33020662 Chem-Probe (Geo-Probe) per point 21.00 EA 430.70
Labor
Unit Cost
0.00
Equipment
Unit Cost
0.00
Total Technology Cost
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 9:31:00 AM
This report for official U.S. Government use only.
Extended Cost
Cost Override
$9.044.72 0
$9,044.72
Page: 2 of 2
1!!!!!11!1 - -----------------
l!!!!!!!I .. -lllllil aa liiil ------------
Technology Detail Report
{without Markups)
Folder: Ram Leather Care
Project
Site
Name: Preliminary Design for Soil Interim Remedy
ID: Soil
Location: CHARLOTTE, NORTH CAROLINA
Modifiers: Material 0.9865 {Modified)
Labor 0.6379 {Modified)
Equipment 0.933 {Modified)
Category: None
Report Fiscal Year
Option:
Name: Soil Excavation/Disposal {Subtitle C/D Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Soil Excavation Disposal
Type: Remedial Action
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: Ex Situ
Description: Level D safety
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/200511:11:12AM
Media/Waste Type: Soil
Secondary Media/Waste Type: N/A
Contaminant: Volatile Organic Compounds
{VOCs)
Secondary Contaminant: None
Markup Template: System Defaults
This report for official U.S. Government use only.
Page: 1 of 3
-
Technology
Assembly
17020209
17020401
17030220
17030284
Name: Demolition, Pavements
Prime Markup: 100 %
Sub Markup: O %
Comments: Assumptions:
Technology Detail Report
(without Markups)
Cost to remove, load, and haul the concrete pad located in the drum storage area. The pad is assumed to be 250 square feet (12' by 17') and 6 inches thick (4.63 CY).
The pad is assumed to be reinforced concrete.
The safety level is assumed to be D.
Load and Haul:
Two AST disposal amount estimated at 2 tons or 1.7 CY. Total volume for disposal estimated at 6.33 CY. Disposal location assumed to be BFI-Charlotte Motor Speedway Landfill located in Concord, Cabarrus County, NC, which is located 16 miles from the site. The dump charge for this landfill is $18/CY.
Unit of . Material Labor Description Quantity Measure Unit Cost Unit Cost
Demolish Rod Reinforced Concrete to 6" . 4.63 CY 0.00 23.81 Thick with Power Equipment
Dump Charges 6.33 CY 18.00 0.00
910, 1.25 CY, Wheel Loader 2.00 HR 0.00 24.19
8 CY, Dump Truck 3.00 HR 0.00 19.95
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11 :11 :12 AM
This report for official U.S. Government use only.
Equipment Extended Cost
Unit Cost Cost Override
14.95 $179.46 □
0.00 $113.94 0
23.58 $95.55 □
40.77 $182.18 □
Page: 2 of 3 . ...;;;
.iiii aa == I!!!!! !!!!I !!!!!I -

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--1!!!!!!!1 1!!!1 1111 111111a liiii 1111 -----------
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11:11:12 AM
Technology Detail Report
(without Markups)
Total Technology Cost
This report for official U.S. Government use only.
$571.13
Page: 3 of 3
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name:
ID:
Location:
Modifiers:
Category:
Report
Option:
Preliminary Design for Soil Interim Remedy
Soil
CHARLOTTE, NORTH CAROLINA
Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
None
Fiscal Year
Name: Soil Excavation/Disposal (Subtitle CID Landfill) ·
ID: Ram Leather
Type: None
Phase Element
Name: Health and Safety Equipment
Type: Remedial Action
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: Ex Situ
Technology
Name: PPE
Prime Markup: 100 %
Sub Markup: 0 %
Comments: Assumptions:
Media/Waste Type: Soil
Secondary Media/Waste Type: Air
Contaminant: Volatile Organic Compounds
(VOCs)
Secondary Contaminant: None
Markup Template: System Defaults
65 changes of tyvek PPE coveralls and boot covers. 500 pair of disposable laytex gloves.
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11 :13:32 AM
4 1 /2 face negative pressure respirators.
This report for official U.S. Government use only.
Page: 1 of 2
- -iiii ---I!!!! --

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Assembly Description
25010107 Personal Respirators, Negative pressure,
1/2 face, dual operation, maximum
33010421 Disposable Boot Covers (Tyvek)
33010423 Disposable Gloves (Latex)
33010425 Disposable Coveralls (Tyvek)
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11 :13:32 AM
----- -
Technology Detail Report
(without Markups)
Unit of Material
-
Labor Quantity Measure Unit Cost Unit Cost
4.00 EA 24.73 0.00
65.00 PAIR 1.11 0.00
500.00 PAIR 0.20 0.00
65.00 EA 4.30 0.00
- -
Equipment
Unit Cost
0.00
0.00
0.00
0.00
Total Technology Cost
This report for official U.S. Government use only.
----
Extended Cost
Cost Override
$98.92 □
$72.14 □
$101.10 □
$279.66 □
$551.82
Page: 2 of 2
Technology Detail Report
(without Markups) Folder: Ram Leather Care
Project
Site
Name:
ID:
Location:
Modifiers:
Category:
Report
Option:
Preliminary Design for Soil Interim Remedy
Soil
CHARLOTTE, NORTH CAROLINA
Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
None
Fiscal Year
Name: Soil Excavation/Disposal (Subtitle C/D Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Health and Safety Equipment
Type: Remedial Action
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: Ex Situ
Technology
Name: AIR MONITORING
Prime Markup: 100 %
Sub Markup: 0 %
Media/Waste Type: Soil
Secondary Media/Waste Type: Air
Contaminant: Volatile Organic Compounds
(VOCs)
Secondary Contaminant: None
Markup Template: System Defaults
Comments: Portable air monitoring equipment rental estimated for 3 weeks.
Cost Database Date: 2003
Cost Type; System
Print Date: 5/16/2005 11:13:55 AM
This report for official U.S. Government use only.
Page: 1 of 2
-------------------
- - - - --------------
Assembly Description
33020346 Portable Air Sampler, Continuous, Weekly
Rental
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11 :13:55 AM
Technology Detail Report
{without Markups)
Unit of
Quantity Measure
3.00 WK
Material
Unit Cost
81.46
Labor
Unit Cost
0.00
Equipment
Unit Cost
0.00
Total Technology Cost
This report for official U.S. Government use only.
Extended Cost
Cost Override
$244.38 D
$244.38
Page: 2 of 2
-
Folder: Ram Leather Care
Project
Site
Name:
ID:
Location:
Modifiers:
Category:
Report
Option:
Technology Detail Report
(without Markups)
Preliminary Design for Soil Interim Remedy
Soil
CHARLOTTE, NORTH CAROLINA
Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
None
Fiscal Year
Name: Soil Excavation/Disposal (Subtitle C/D Landfill)
ID: Ram Leather ·
Type: None
Phase Element
Name:
Type:
Labor Rate Group:
Analysis Rate Group:
Approach:
Description:
Cost Database Date: 2003
Cost Type: System
Print Date: 5/13/2005 3:32:50 PM
Soil Excavation Disposal
Remedial Action
System Labor Rate
System Analysis Rate
Ex Situ
Level D safety
Media/Waste Type:
Secondary Media/Waste Type:
Contaminant:
Secondary Contaminant:
Markup Template:
This report for official U.S. Government use only.
Soil
NIA
Volatile Organic Compounds
(VOCs)
None
System Defaults
Page: 1 of 3
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-
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Technology
----- -
Technology Detail Report
(without Markups)
---
Name: Excavation
Prime Markup: 100 %
Templates: System Soil-VOCs
Sub Markup: 0 %
Comments: Assumptions
Cost Database Date: 2003
Cost Type: System
Print Date: 5/13/2005 3:32:50 PM
Additional clearing and grubbing step not necessary due to light amounts of
vegetation -will be done during excavation.
Erosion control mesures-300 linear feet of silt fence with posts is included.
Temporary security fence-300 linear.feet is included.
IROD proposed Excavation Area -Two excavation areas (25' x 25' and 60'x 50')
are presented in IROD; excavation volume equals approx. 3,500 cubic yards to a
depth of 26 feet. Adjusted dimensions for input into RACER are 72.7' x 50' x 26',
or 3,500 cubic yards.
Dust control with 3,000 gal water truck making 5 passes/day for 29 days (number
of days conducting fieldwork where dust may be generated) over a 0.1 acre area
estimated (total 14.5 acres). Multiple water truck passes per day were assumed
because of the potential for generation of dust during continuous digging activities.
Number of confirmation samples = 39
Disposable materials per sample is assumed to account for Encore samplers.
Soil is silUsilt-clay mixture '
Safety level is C
53 TCLP analyses for excavated soil disposal included (1 sample/100 tons).
No dewatering required
Sheeting is used for sidewall protection (7,500 SF)
For excavation sidewall support, the cost of steel sheeting installed, puiled, and
salvaged to 25' was included.
Area preparation-grading and compacting after backfill estimated at 0.5 acres. ·
Seeding and vegetative cover estimated at 0.5 acres. This is greater than the
actual 0.1 acrea excavation area based on potential damage to surface cover by
heavy equipment in other areas of the site.
This report for official U.S. Government use only.
- - --
Page: 2 of 3
Assembly Description
17030277 2 CY, Crawler-mounted, Hydraulic
Excavator
17030423 Unclassified Fill, 6" Lifts, Off-Site, Includes Delivery, Spreading, and Compaction
17030903 Steel Sheeting, Install, Pull and Salvage,
to 25 ft
18050201 Security Fence, Temporary
18050206 Silt Fences, Vinyl, 3' High with 7.5' Posts
18050402 Seeding, Vegetative Cover
18050413 Watering with 3,000-Gallon Tank Truck,
per Pass
33020401 Disposable Materials per Sample
33021705 Targeted TCLP (Metals, Volatiles,
Semi-Volatiles only), Soil Analysis
33021720 Volatile Organic Analysis (SW 5035/SW
8260B), Soil Analysis
33080584 Plastic Laminate Waste Pile Cover
33170803 Decontaminate Heavy Equipment
Cost Database Date: 2003
Cost Type: System
Print Date: 5/1312005 3:32:50 PM
--iiiil liiliiil
Technology Detail Report
(without Markups)
Unit of Material Labor Quantity Mea§ure Unit Cost Unit Cost
3,500.37 CY 0.00 0.90
3,500.37 CY 5.34 1.12
7,500.00 SF 2.83 1.83
300.00 LF 1.27 1.97
300.00 LF 0.67 1.04
0.50 ACRE 3,362.41 50.62
14.50 ACRE 3.77 19.20
39.00 EA 7.57 0.00
53.00 EA 629.76 0.00
39.00 EA 194.27 0.00
36,943.14 SF 0.11 0.02
1.00 EA 0.00 308.65
Equipment
Unit Cost
1.97
2.66
2.95
2.16
0.00
50.78
29.21
0.00
0.00
0.00
0.00
0.00
Total Technology Cost
This report for official U.S. Government use only.
I!!!!!! !!!!!I ------
Extended Cost
Cost Override
$10,061.81 □
$31,936.33 □
$57,036.00 □
$1,620.60 □
$513.03 □
$1,731.91 □
$756.57 □
$295.12 □
$33,377.13 □
$7,576.42 □
$4,754.58 □
$308.65 □
$149,968.16
Page: 3 of 3
-----
------------------
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name:
ID:
Location:
Modifiers:
Category:
Report
Option:
Preliminary Design for Soil Interim Remedy
Soil
CHARLOTTE, NORTH CAROLINA
Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
None
Fiscal Year
Name: Soil Excavation/Disposal (Subtitle C/D Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Soil Excavation Disposal
Type: Remedial Action
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: Ex Situ
Description: Level D safety
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 9:07:10 AM
Media/Waste Type: Soil
Secondary Media/Waste Type: N/A
Contaminant: Volatile Organic Compounds
(VOCs)
Secondary Contaminant: None
Markup Template: System Defaults
This report for official U.S. Government use only.
Page: 1 of 2
-
Technology Detail Report
(without Markups)
Technolog)'_
Assembly
17030277
17030423
33080584
Name: Excavation
Prime Markup: 100 %
Sub Markup: o %
Comments: Assumptions
Cost for over-excavation of IROD proposed excavation area. Adjusted dimensions for input into RACER are 190' x 1 O' x 26', or 1,830 cubic yards.
Safety level is C
Unit of Material Labor Description Quantity Measure Unit Cost Unit Cost
2 CY, Crawler-mounted, Hydraulic 1,829.63 CY 0.00 0.90 Excavator
Unclassified Fill, 6" Lifts, Off-Site, Includes 1,830.00 CY 5.34 1.12 Delivery, Spreading, and Compaction
Plastic Laminate Waste Pile Cover 19,350.24 SF 0.11 0.02
Equipment
Unit Cost
1.97
2.66
0.00
Total Technology Cost
Cost Database Date: 2003
Cost Type: System
Print Date: 511612005 9:07:10 AM
This report for official U.S. Government use only. -------I!!!!!! ---
Extended Cost
Cost Override
$5,259.27 D
$16,696.37 D
$2,490.38 D
$24,446.02
Page: 2 of 2
-----
------------------ -
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name:
ID:
Location:
Modifiers:
Category:
Report
Option:
Preliminary Design for Soil Interim Remedy
Soil
CHARLOTTE, NORTH CAROLINA
Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
None
Fiscal Year
Name: Soil Excavation/Disposal (Subtitle C/D Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Soil Excavation Disposal
Type: Remedial Action
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: Ex Situ
Description: Level D safety
Cost Database Date: 2003
Cost Type; System
Print Date: B/9/2005 8:39:40 AM
Media/Waste Type: Soil
Secondary Media/Waste Type: N/A
Contaminant: Volatile Organic Compounds
(VOCs)
Secondary Contaminant: None
Markup Template: System Defaults
This report for official U.S. Government use only.
Page: 1 of 2
Technology
Assembly
17020401
17030222
17030287
Technology Detail Report
{without Markups)
Name: Load and Haul
Prime Markup: 100 %
Sub Markup: 0 %
Comments: Soil disposed of as non-hazardous at a regular landfill.
Description
Dump Charges
The BFI Charlotte Motor Speedway Landfill located in Concord, Cabarrus County, NC, is located 16 miles from the site. This is an EPA Region 4 CERCLA--certified Subtitle D landfill. Dump charges ranges from $25-$27/ton (or approximately $18/CY based on 1 CY= 1.5 ton).
A total volume of 5,330 CY (3,500 CY+1,830 CY) of soil was assumed to be disposed. It is assumed that 50% (2,665 CY) of the volume will be classified non-hazardous through TCLP testing.
For loading and transportation, a 15 percent factor has been applied to the volume (2,665 CY • 1.15 = 3,065 CY) to account for the expansion of the excavated soils.
Unit of Material Labor Quantity Measure Unit Cost Unit Cost
3,065.00 CY 18.00 0.00
926, 2.0 CY, Wheel Loader 44.00 HR 0.00 24.19
20 CY, Semi Dump 225.00 HR 0.00 19.95
Equipment
Unit Cost
0.00
32.33
58.77
Total Technology Cost
Cost Database Date: 2003
Cost Type: System
Print Date: 8/9/2005 8:39:40 AM
This report for official U.S. Government use only.
Extended Cost
Cost Override
$55,170.00 0
$2,486.97 D
$17,712.47 D
$75,369.44
Page: 2 of 2
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-

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-

-

-

-
-
- -- - --------------
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name: Preliminary Design for Soil Interim Remedy
ID: Soil
Location: CHARLOTTE. NORTH CAROLINA
Modifiers: Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
Category: None
Report Fiscal Year
Option:
Name: Soil Excavation/Disposal (Subtitle C/D Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Soil Excavation Disposal
Type: Remedial Action
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: Ex Situ
Description: Level D safety
Cost Database Date: 2003
Cost Type: System
Print Date: 8/9/2005 9:59:39 AM
Media/Waste Type: Soil
s·econdary Media/Waste Type: N/A
Contaminant: Volatile Organic Compounds
(VOCs)
Secondary Contaminant: None
Markup Template: System Defaults
This report for official U.S. Government use only.
Page: 1 of 3
-
Technology
Assembly
33190102
33190218
33190311
33197264
Technology Detail Report
{without Markups)
Name: Off-site Transportation and Waste Disposal
Prime Markup: 100 %
Sub Markup: 0 %
Comments: Soil disposed of as hazardous (Subtitle C) prior to disposal (assumed stabilization is not required).
Description
Disposal is assumed to be conducted at the hazardous waste landfill in Emelle, Alabama (530 miles from the Ram Leather site). The dump charge for identified hazardous waste at this landfill is $41.60/ton (or $28/CY assuming 1 CY= 1.5 ton).
A total volume of 5,330 CY (3,500 CY+1,830 CY) of soil was assumed to be disposed. It is assumed that 50% (2,665 CY) of the volume will be classified as bulk solid hazardous waste.
For loading and transportatjon, a 15 percent factor has been applied to the volume (2,665CY • 1.15 = 3,065 CY) to account for the expansion of the excavated soils.
Unit of Material Labor Quantity Measure Unit Cost Unit Cost
Bulk Solid Hazardous Waste Loading Into 3,065.00 CY 0.00 0.48 Truck
Dump Truck Transportation Hazardous 163,240.00 Ml 1.84 0.00 Waste 1000+ Miles
Truck Washout/Decontamination 154.00 EA 147.98 0.00
Landfill Hazardous Solid Bulk Waste by 3,065.00 CY 28.00 0.00 CY
Cost Database Date: 2003
Cost Type: System
Print Date: 8/9/2005 9:59:39 AM
This report for official U.S. Government use only.
Equipment Extended Cost
Unit Cost Cost Override
1.15 $5,015.26 D
0.00 $301,145.15 D
0.00 $22,788.15 D
0.00 $85,820.00 0
Page: 2 of 3
-iiii 111111 111111 m!1 !!!!!I -------------
-------------------
Cost Database Date: 2003
· Cost Type: System
Print Date: 819/2005 9:59:39 AM
Technology Detail Report
(without Markups)
Total Technology Cost
This report for official U.S. Government use only.
$414, 768.56
Page: 3 of 3
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name:
ID:
Location:
Modifiers:
Category:
Report
Option:
Preliminary Design for Soil Interim Remedy
Soil
CHARLOTTE, NORTH CAROLINA
Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
None
Fiscal Year
Name: Soil Excavation/Disposal (Subtitle C/D Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Site-Closeout
Type: Site Close-out
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: None
Technology
Name: Site Close-Out Documentation
Prime Markup: 100 %
Sub Markup: O %
Comments: Assumes:
Media/Waste Type: N/A
Secondary Media/Waste Type: N/A
Contaminant: None
Secondary Contaminant: None
Markup Template: System Defaults
-Preparation of a Draft and Final Completion Report at the end of the project.
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/200511:02:52 AM
-Preparation of four progress reports during duration of project -Moderate project complexity
This report for official U.S. Government use only.
Page: 1 of 2
-------------------
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Element: Work Plans & Reports
Assembly Description
33220101 Senior Project Manager
33220102 Project Manager
33220104 Senior Staff Engineer
33220109 Staff Scientist
33220114 Word Processing/Clerical
33220115 Draftsman/GADD
Cost Database Date: 2003
Cost Type: System
Print Date: 511612005 11 :02:52 AM
Technology Detail Report
(without Markups)
Unit of Material Labor
Quantity Measure Unit Cost Unit Cost
26.00 HR 0.00 36.66
194.00 HR 0.00 30.71
5.00 HR 0.00 30.66
7.00 HR 0.00 17.65
166.00 HR 0.00 10.22
21.00 HR 0.00 15.84
Equipment
Unit Cost
0.00
0.00
0.00
0.00
0.00
0.00
Total Element Cost
Total Technology Cost
This report for official U.S. Government use only.
Extended Cost
Cost Override
$953.20 D
$5,958.24 D
$153.28 □
$123.52 □
$1,697.22 D
$332.74 □
$9,218.20
$9,218.20
Page: 2 of 2
Technology Detail Report
(without Markups)
Folder: Ram Leather Care
Project
Site
Name:
ID:
Location:
Modifiers:
Category:
Report
Option:
Preliminary Design for Soil Interim Remedy
Soil
CHARLOTTE, NORTH CAROLINA
Material 0.9865 (Modified)
Labor 0.6379 (Modified)
Equipment 0.933 (Modified)
None
Fiscal Year
Name: Soil Excavation/Disposal (Subtitle CID Landfill)
ID: Ram Leather
Type: None
Phase Element
Name: Site-Closeout
Type: Site Close-out
Labor Rate Group: System Labor Rate
Analysis Rate Group: System Analysis Rate
Approach: None
Technology
Name: Cleanup and Landscaping
Prime Markup: 100 %
Sub Markup: O %
Comments: Assumptions:
Media/Waste Type: N/A
Secondary Media/Waste Type: N/A
Contaminant: None
Secondary Contaminant: None
Markup Template: System Defaults
Operation and Maintenance for 4 quarters following completion of work. Includes reseeding of 25% of the disturbed area.
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11:09:30 AM
Includes mobilization and fee and field technician for 6 hours of work.
This report for official U.S. Government use only.
Page: 1 of 2
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--------------------
Assembly Description
16029002 Mobilization & Fee
18050101 Area Preparation, 67% Level & 33%
Slope
18050401 Seeding, 67% Level & 33% Slope,
Hydroseeding
18050408 Fertilizer, Hydro Spread
18050413 Watering with 3,000-Gallon Tank Truck,
per Pass
33220112 Field Technician
Cost Database Date: 2003
Cost Type: System
Print Date: 5/16/2005 11 :09:30 AM
Technology Detail Report
(without Markups)
Unit of Material Labor
Quantity Measure Unit Cost Unit Cost
1.00 JOB 789.20 0.00
0.12 ACRE 0.00 19.38
0.12 ACRE 349.32 56.14
0.25 ACRE 91.10 22.13
1.00 ACRE 3.77 19.20
6.00 HR 0.00 12.34
Equipment
Unit Cost
0.00
41.59
85.43
28.32
29.21
0.00
Total Technology Cost
This report for official U.S. Government use only.
Extended Cost
Cost Override
$789.20 D
$7.32 D
$58.91 D
$35.39 D
$52.18 D
$74.03 D
$1,017.01
Page: 2 of 2