NCD986187128_20000504_North Belmont PCE_FRBCERCLA LTRA_Subcontract Award for Extension of Existing Water Main Connection of Residence Installation of Individual Residential Carbon Filitration Units-OCR

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RESPONSE ACTION CONTRACT
FOR REMEDIAL, ENFORCEMENT OVERSIGHT, AND NON-TIME
CRITICAL REMOVAL ACTIVITIES AT SITES OF RELEASE OR
THREATENED RELEASE OF HAZARDOUS SUBSTANCES
IN EPA REGION IV
U.S. EPA CONTRACT N6. 68-WS-0022 / . --:C£fV[:Q
MAY 1 l 2i
SUBCONTRACT A WARD DOCUMENTS FORSt.Jp£RF voa
EXTENSION OF EXISTING WATER MAIN, CONNECTIO~NOs£cr,oN
OF INDIVIDUAL RESIDENCES TO CITY WATER, AND
INST ALLA TI ON OF INDIVIDUAL RESIDENTIAL
CARBON FILTRATION UNITS AT THE
NORTH BELMONT PCE SITE,
NORTH BELMONT, GASTON COUNTY, NORTH CAROLINA
Work Assignment No. 071-RDRD-04QD
IFB 3280-071-001-CN
May 4, 2000
Prepared for:
U.S. Environmental Protection Agency
Region IV
Atlanta, Georgia
Prepared by:
CDM Federal Programs Corporation
2030 Powers Ferry Road, Suite 490
Atlanta, Georgia 30339
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CDM Federal Programs Corporation
A Su1Jsiomrvo1 Camo Dresser & McKee inc
consw11n9 BOO Oak Ridce Turnoi-;e
,mu1neurin£1 Suite 500 --
consrr11c1mn Oak Ric1oe. Ti-J 37830
r:pera11ons Tel: ( 423) 482-1065 Fa.•,: i ,J23) 48 1-3835
(Date TBD), 2000
Mr. Lester N. Lewis
Contract Specialist
U. S. Environmental Protection Agency
Region 4, Procurement Section
14'h Floor, 61 Forsyth Street, SW
Atlanta, Georgia 30303-3104
Project:
DCN:
Subject:
RACS Region Vlll Contract No. 68-W5-0022
3280-071-CO-EPOU-XXXXX
Advance Notification to Subcontract Solicitation No. 3280-071-001-CN.
entitled, "Extension of Existing Water Main, Connection oflndividual
Residences to City Water, and Installation of Individual Residential Carbon
Filtration Units, North Belmont PCE Site. North Belmont, North Carolina"
Dear Mr. Lewis:
In accordance with contract clause 1.8 "Subcontracts (Cost-reimbursement and Letter
Contracts) (FAR 52.244-2) (FEB 1995)", COM Federal Programs Corporation hereby gives
advanced notice of its intent to competitively solicit subcontract support for the above subject
Solicitation, in support of U.S. EPA Region IV RAC for Remedial, Enforcement Oversight and
Non-time Critical Removal Activities at Sites of Release or Threatened Release of Hazardous
Substances. Responses to the Request For Proposal are due (date to be determined). Upon
selection of the successful offeror, COM Federal will submit its request for consent to
subcontract. COM Federal anticipates awarding a two-year. IDQ/Firm Fixed Price/Fixed Unit
Rate type subcontract with a total ceiling of $1 Million.
Should you have any comments or questions, please contact either myself at (303) 232-013 1.
extension 304 or Ms. Debora/\. Crane at [phone]. extension 317.
Sincerely,
COM FEDERAL PROGRAMS CORPORATION
Richard L. Culver
Contract Financial Administration Manager
Encl: SOW
cc: Anderson Hamp, Jr. EPA Region VIII. Contract Officer (letter only)
G. Bennett. EPA Region IV, Project Officer (letter only)
R. Thomas. EPA Region IV, Work Assignment Manager (letter only)
J. Laforest. COM Federal Project Manager, Oak Ridge (letter only)
Subcontract File
Contract File (letter only)
DCN
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CDM Federal Programs Corporation
A SutJs1a:ar_v or Camp Dresser & ,',1cKee Inc.
~·.,ns11111119 800 Oak Riclge Turnoike
2~Q1netJrrng Suite 500
.:.::1srruc11on Oak Ridge. TN 37830
::.war,ons Tel: [phone] Fa.•:· 1..:.231 ..181-3835
(Date TBD), 2000
Mr. Lester N. Lewis
Contract Specialist
U.S. Environmental Protection Agency
Region 4, Procurement Section
14th Floor. 61 Fors:,1h Street. SW
Atlanta, Georgia 30303-3104
Project:
DCN:
RACS Region VIII Contract No. 68-W5-0022
3280-071-CO-EPOU-XXXXX
Subject: Request for Davis Bacon Act Wage Determination under CDM Federal Corporation's
Subcontract No. 3280-071-001-CN entitled, "Extension of Existing Water Main.
Connection of Individual Residences to City Water, and Installation of Individual
Residential Carbon Filtration Units, North Belmont PCE Site, North Belmont, North
Carolina"
Dear Mr. Lewis:
This is a request for wage determination for work to be performed under the following
Occupational Titles in Gaston County, City of North Belmont. and State of North Carolina as
described in the attached Statement of Work:
I. Drafter I 9. Heavy Equipment Mechanic 17. Surveying Aide
2. Drafter II 10. Heavy Equipment Operator 18. Tractor Operator. Site Prep
3. Drafter III I I. Laborer 19. Truckdriver, Heavy Truck
4. Drafter IV 12. Pipelitter, Maintenance 20. Truckdriver, Light Truck
5. General Clerk I 13. Plumber -Machinist 21. Truckdrivcr, Med. Truck
6. General Clerk II 14. Plumber, Maintenance 22. Word Processor I
7. General Clerk III 15. Survey Party Chief 23. Word Processor II
8. General Clerk IV 16. Survey Worker 24. Word Processor Ill
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cc:
Page 2 of2
DCN:
Should you have any comments or questions, please contact either myself at [phone],
extension 304 or Ms. Debora A. Crane. Sr. Subcontract Administrator at [phone] ext.
317.
Sincerely,
COM FEDERAL PROGRAMS CORPORATION
Richard L. Culver
Contract Financial Administration Manager
Attchs: SF98, SF98a, & SOW
Anderson Hamp, Jr. EPA Reg10n VIII. Contract Officer (letter only)
G. Bennett, EPA Region IV. Project Officer (letter only)
R. Thomas, EPA Region IV. Work Assignment Manager (letter only)
J. LaForest, CDM Federal Project Manager, Oak Ridge (letter only)
Subcontract File
Contract File (letter only)
DCN
I CDM
I
Federal Programs Corporation
A Subsidiarv or C,1mo Dresser & McKee inc
consu!11119
IJ/l[lilllJGrlnfJ
,:onsrri1cuon
I G/lt.Jf,lliOnS
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800 Oak Ridge Turnpike
Suite 500
08k Ridge. TN 37830
Tel: (•i23) 482-1065 Fax: (423) ,181-3835
(Date TBD), 2000
Mr. Lester N. Lewis
Contract Specialist
U. S. Environmental Protection Agency
Region 4, Procurement Section
14'" Floor, 61 Forsyth Street, SW
Atlanta. Georgia 30303-3104
Project:
DCN:
Subject:
RACS Region VIII Contract No. 68-W5-0022
3280-071-CO-EPOU-XXXXX
Request for Consent to Subcontract 3280-071-001-CN. entitled. "Extension of
Existing Water Main, Connection of Individual Residences to City Water, and
Installation of Individual Residential Carbon Filtration Units. North Belmont
PCE Site, North Belmont. Gaston County, North Carolina"
Dear Mr. Lewis:
In accordance with the terms of our prime contract, Article G. 12, "Subcontract Consent (EP 52-
244-1 00)(April 1984 ), COM Federal Corporation requests review, approval, and consent of the
not-to-exceed ceiling price of $5Million under the above Subcontract No. 3280-07I-001-CN" for
information that is provided as required by the Subcontracts Clause (FAR 52.244-2).
Should you have any comments or questions. please contact either myself at [phone]
extension 304 or Ms. Debora A. Crane, Sr. Subcontract Administrator, at (303) 232-013 I,
extension 317.
Sincerely.
COM FEDERAL PROGRAMS CORPORATION
Richard L. Culver
Contract Financial Administration Manager
Atleh: Record of Procurement/attchs
cc: Anderson Hamp, Jr. EPA Region VIII. Contract Officer (letter only)
G. Bennett, EPA Region IV. Project Officer (letter only)
R. Thomas. EPA Region IV. Work Assignment Manager (letter only)
J. Laforest. COM Federal Project Manager, Oak Ridge (letter only)
Subcontract File
Contract File (letter only)
DCN
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CDM Federal Programs Corporation
A Subs1d1aryo1 Camp Dresser 8 McKee Inc.
cons: .. ,1:,rra 800 Oak R1dae Turnrn..;e
unu,•nee11n9 Suite 500 -
,:onstruc:,on Oak Ridge. TH 37830
upera:,0,1s fel: (423) -:82-1065 FaJ: i'--[phone]
(Date TBD), 2000
FIELD(TITLE) FIELD(FIRST NAME) FIELD(LAST NAME)
FIELD(COMPANY)
FIELD(ADDRESS)
FIELD(CITY), FIELD(ST A TE) FIELD(ZIP)
Project:
Subject:
U, S. Environmental Protection Agency 68-WS-0022"
Invitation For Bid No. 3280-071-001-CN. "Extension of Existing Water Main.
Connection of Individual Residences to City Water, and Installation of
Individual Residential Carbon Filtration Units, North Belmont PCE Site,
North Belmont, Gaston County. North Carolina"
Dear FIELD(TITLE) FIELD(LAST NAME):
COM Federal Programs Corporation invites you to submit a bid in accordance with the
attached solicitation. You arc requested to complete the "BID INTENT'' form and return
it by telefax within one work day after receipt of this solicitation. This is very important to
qualify you as a proper bidder. If you intend to submit a bid. you should read all of the
instructions carefully and complete all of the necessary forms for return with the bid package.
Bids are due no later than (Date TBD) at (Time TBD) Mountain Time.
Sincerely,
COM FEDERAL PROGRAMS CORPORATION
Debora A. Crane
Sr. Subcontract Administrator
enclosure
cc: J. Laforest, COM Federal Project Manager, Oak Ridge
Subcontract File
DCN
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BID INTENT NOTIFICATION
TO: SUBCONTRACTSDEPARTMENT
COM FEDERAL PROGRAMS CORPORATION
1526 Cole Blvd, Bldg 3, Suite 150
Golden, CO 8040 I
DATE: ___________ _
TELEFAX: 303.232.0904
RE: SOLICITATION NUMBER: 3280-071-001-CN, entitled,
"EXTENSION OF EXISTING WATER MAIN, CONNECTION OF INDIVIDUAL
RESIDENCES TO CITY WATER, AND INSTALLATION OF INDIVIDUAL
RESIDENTIAL CARBON FILTRATION UNITS, NORTH BELMONT PCE SITE,
NORTH BELMONT, NORTH CAROLINA"
FROM: Company Name:
Address:
The above named company [ INTENDS / DOES NOT INTEND ]
(PLEASE CIRCLE ONE) to submit a bid in response to the above numbered
solicitation.
Company Official Name __________ _
Title -------------
Signature: Date -----------------------
Telephone No.: ________ Telefax No.: _________ _
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INSTRUCTIONS TO BIDDERS IFB 3280-0il-00I-CN
EXTE:S:SION Of EXISTING WATER ~IAIN. CONNECTION OF INDIVIDUAL RESIDENCES TO CITY
WATER. AND INSTALLATION OF INDIVIDUAL RESIDENTIAL CARBON FILTRATION U:S:ITS AT
TIIE :S:ORTH BEL~IONT PCE SITE. NORTH BEL~IONT. GASTON COUNTY. NORTH CAROLINA
TABLE OF CONTENTS
1. GENERAL
2. BIDDERS REQUIREMENTS & OTHER NOTICES
3. SUBMISSION OF BIDS
4. SUBCONTRACT AW ARD-SEALED BIDDING
5. PREPARATION OF BIDS
5. I TECHNICAL PROPOSAL
5.2 OTHER
6. PROPOSAL EXPENSES AND PRESUBCONTRACT COSTS
7. AMENDMENTS TO INVITATIONS FOR BIDS
8. FAIL URE TO SUBMIT BID
9. NOTICE OF BONDING REQUIREMENTS
IO. CONSENT OF SURETY
11. LA TE SUBMISSIONS, MODIFICATIONS AND WITHDRAW AL OF
PROPOSALS/BIDS
12. TREATMENT OF PROPOSAL/BID INFORMATION
' 13. EXPLANATION TO PROSPECTIVE BIDDERS
14. EVALUATION FACTORS FOR AWARD
14.1 BASIS OF AWARD
14.2 QUALIFICATION OF BIDDERS
14.3 SMALL BUSINESS CONSIDER,,.\ TION
14.4 DISCOUNT
15. PRE-BID CONFERENCE AND SITE VISIT
16. NOTICE OF U.S. DEPARTMENT OF LABOR WAGE DETERMINATION
00.003 sow_ PcrfSub Doc/3280-07110505
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li\STRUCTIONS TO Bl DOERS IFB 3280-071-001-CN
EXTENSION OF EXISTING WATER MAIN. CONNECTION OF INDIVIDUAL RESIDENCES TO CITY WATER. AND INSTALLATION OF INDIVIDUAL RESIDENTIAL CARBON FILTRATION UNITS AT THE NORTH BEU,IONT PCE SITE. NORTH BEL~IONT. GASTON COUNTY. NORTH CAROLINA
I. GENERAL
This project i:; being conducted by COM FEDERAL PROGRAMS CORPORATION
(COM Federal) under a prime contract with the U.S. Government as shown on the cover
sheet of this Invitation for Bid IFB.
2. BIDDERS REQUIREMENTS & OTHER NOTICES
It is the responsibility of the respondent to read and become completely familiar with
all information in this IFB. The Subcontract used for this project will be based on the
sample subcontract attached, the schedule of values, specifications and drawings and
other attachments as designated in the subcontract document.
Based on the current estimated schedule. activities associated with the Statement of
Work will begin no later than TBD. Activities included in the Scope of Work may
commence only after issuance of a notice to proceed from the Subcontracts
Administrator ,)r the COM Federal Contract Officer.
NOTE: AWARD IS SUBJECT TO RECEIPT OF FUNDING FROM THE
GOVERNMENT. CDM FEDERAL RESERVES THE RIGHT NOT TO MAKE
AN AWARD FOR THIS SOLICITATION.
3. SUBMISSION OF BIDS
(a) Bids and bid modifications shall be submitted in sealed envelopes or packages
(I) addressed to the office specified in the solicitation and (2) showing the time
specified for receipt. the solicitation number, and the name and address of the
bidder.
(b) Bids may be modified or withdrawn by written, telegraphic or facsimile notice,
if such notice is received by the time specified for receipt of bids. The original
and three copies of information in the paragraph entitled "Preparation of Bids"
below must be received no later than 12:00 P.M. MOUNTAIN TIME, TBD in
order to b~ considered responsive.
(c) Facsimile or Telegraphed responses will NOT be accepted. The original and
three (3) sets of the information listed in the paragraph entitled "Preparation of
Bids" must be completed and signed by an authorized company official and sent
to the address below. Responses MUST be clearly marked:
00-003 SO\\'_ Perf'SubDoc/ 3 280-07 ! , 050 5 2
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INSTRUCTIONS TO BIDDERS IFB 3280-071-001-CN
EXTENSION OF EXISTING WATER ~JAIN, CONNECTION OF INDIVIDUAL RESIDENCES TO CITY
WATER. ANll lNSTALLA TION OF INDIVIDUAL RESIDENTIAL CARBON Fl L TRATION UNITS AT
THE NORTII BEL~IONT PCE SITE. NORTH BEL~IONT, GASTON COUNTY. :--;ORTH CAROLINA
"Response to Solicitation 3280-071-001-CN"
COM Federal Programs Corporation
1526 Cole Boulevard, Suite 150
Golden, Colorado 8040 I
Attention: Subcontracts Department
(d) All Bid Prices must be filled in on the Schedule of Values with the unit price for
the item or the lump sum for which the bid is made. Exceptions to terms and
conditions will be considered "qualification of bid" and may be grounds for
rejection.
( e) The Schedule of Values form shall be completed in ink or by typewriter. The bid
price of each item on the form shall be stated in figures. In the event there is a
difference between a unit price and the extended total amount, the unit price will
be held to be the intended bid and the total recomputed accordingly. If the bidder
provides a total amount for a subcontract item but fails to enter the unit price, the
amount divided by the specified quantity will be held to be the intended unit
price. If necessary the total bid price will be recomputed based on the foregoing
rules.
(f) A Bid which includes for any item, including the total sum, a Bid Price that is
abnormally low or high may be rejected as unbalanced.
(g) Bids by corporation shall be executed in the corporate name by the president or
vice-president ( or other corporate officer accompanied by evidence of authority
to sign) and the corporate seal shall be affixed and attested by the secretary or an
assistant :,ccrctary. The corporate address and state of incorporation shall be
shown below the signature.
(h) Bids by pa1tnerships shall be executed in the partnership name and signed by a
partner, whose title shall appear under the signature. The official address of the
partnership shall be shown below the signature.
(i) All names shall be typed or printed below the signature.
(j) The Total Bid shall be typed or printed above the signature.
(k) The address to which communications regarding the Bid are to be directed shall
be shown.
00.003 SOW_ P~rfS ubDoc/3 2R0-07 J /050'., 3
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INSTRUCTIONS TO BIDDERS IFB 3280-071-001-CN
EXTENSION OF EXISTING WATER ~!Al,';, co.-:-;ECTION OF INDIVIDUAL RESIDENCES TO CITY
WATER. AND INSTALLATION OF l,';DIVIDUAL RESIDENTIAL CARBON FIL TR\ TION u:-,;ns AT
TIIE NORTII BELMONT PCE SITE. :-;ORTH BEDIONT. GASTON COUNTY, NORTH CAROLINA
4. SUBCONTRACT AW ARD-SEALED BIDDING
(a) The bids submitted by responsive and responsible Bidders will be the sole means
of selecting a Subcontractor. Although the total bid price submitted will be used
during the bid evaluation, payments for unit price items will be based on actual
quantities approved by COM Federal for each item times the unit bid price.
Quantities presented in the Bid Form are not guaranteed by COM Federal.
Payments for additional quantities must be within the total ceiling price of the
s·ubcontract. Payment for the lump sum items will be based on the lump sum
price bid.
(b) The bid prices are to include all costs for completing the services described
herein, including, but not limited to, the cost of the following: equipment,
materials, supplies, transportation, direct labor, overhead. per diem, bond, fees,
taxes, profit, and conformance with applicable Quality Assurance and Health and
Safety Protocols. The ,bid unit prices, as applicable, will be attached to the
schedule ~stablishing the pricing schedule for the actual quantities delivered.
(c) COM Federal will evaluate bids in response to this solicitation without
discussions and will award a subcontract to the resp~nsible bidder whose bid,
conforming to the solicitation, will be most advantageous to the Government
considering only price and the price related factors specified elsewhere in the
solicitation.
(d) COM Fed,:ral may(!) reject any on all bids, (2) accept other than the lowest bid,
and (3) waive informalities or minor irregularities in bids received.
( e) A written award or acceptance of a bid mailed or otherwise furnished to the
successful bidder with the time for acceptance specified in the bid shall result in
a binding !:ubcontract without further action by either party.
5. PREPARATION OF BIDS
Bidders are expected to examine the drawings, specifications, schedule, and all
instructions. Failure to do so will be at the bidder's risk. Each bidder shall furnish the
information required below. The bidder shall sign the bid and print or type its name on
the Schedule of Values and each continuation sheet on which it makes an entry.
Erasures or other changes must be initialed by the person signing the bid. Bids signed
· by an agent shall be accompanied by evidence of that agent's authority, unless that
evidence has been previously furnished to the issuing office. The following information
in original and two copies shall be included with the bid:
00-003S0\\ '_ PerfSubDoc/3280-071 /05< 1,S 4
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INSTRUCTIONS TO BIDDERS lfB 3280-071-001-CN
EXTENSION OF EXISTING WATER MAIN. co:--NECTION Of INDIVIDUAL RESIDENCES TO CITY
WATER. AND INSTALLATION OF INDIVIDUAL RESIDENTIAL CARBON FILTRATION UNITS AT
THE NORTH BEL\l'ONT PCE SITE, NORTH BEUIONT. GASTON COUNTY. NORTH CAROLINA
5.1 TECHNICAL PROPOSAL
The T,:c:hnical Proposal shall contain the following elements.
(a) The bidder shall provide a conceptual design/technical approach with the
bid. The conceptual design/technical approach will include a complete
description of how the Contractor plans to complete the work. The
conceptual design shall contain assumptions used to develop the conceptual
de:,ign. Specifically, the Contractor shall supply assumptions/calculations
used to size the residential carbon filtration units (RCFUs).
(b) Drawings for the water main extension shall show the proposed water main
route (need to show existing and proposed locations). Drawings for the
: individual RCFUs shall show proposed equipment and piping layout.
( c) Th(: bidder shall also produce a schedule that meets the criteria listed under
Sections 3.2.4 and 3.3.4 of the attached Statement of Work (SOW). The
schedule shall show the time proposed for design, mobilization.
comtruction, testing, and demobilizatioi;i (including site cleanup and
restoration). The schedule shall show estimated times for applicable agency
reviews.
( d) The bidder will estimate annual operation and maintenance costs associated
with the RCFUs after the first year of operations. The estimate will include
cost for corrective maintenance, preventive maintenance, and annual
replacement of the activated carbon.
( e) All portions of the Technical Proposal will be evaluated to determine the
bidder's understanding of the design, build, and operations requirements
described in the SOW. If the Technical Proposal is determined to be
unsourid, the proposal will not be considered further for award evaluation.
5.2 OTHER
Since time is of essence, the following information must be submitted with the
bid. Information which was already included in the Technical Proposal does not
need to be resubmitted.
(a) Signed Subcontract Agreement
(b) Signed "Representations, Certifications, and Other Statement ofOfferors"
00-003SOW _ PerfSubDoc/3280-07110505 5
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li'o'STRUCTIONS TO BIDDERS IFB 3280-071-001-CN
EXTENSION OF EXISTING WATER MAIN, CONNECTION OF l:\DIVIDUAL RESIDENCES TO CITY
WATER. AND INSTALLATION OF INDIVID!HL RESIDENTIAL CARBON FILTRATION UNITS AT
TIIE NORTH BELMONT PCE SITE. NORTH BELMONT. GAST01" COUi'o'TY. NORTH CAROLINA
(c) Completed Schedule of Values Form
(d) A Bid Guarantee in the amount of 10% of your total bid price (Attachment
C. Bond Forms).
(e) Consent of Surety (See Attachment C, Bond Forms).
(f) Ce1tificates of required insurance (See Subcontract, clause H.22).
(g) Conflict of Interest Statement -Each offeror must submit a statement that
there are no personal or organizational conflicts of interest in the
performance of this work (See Clauses H.2 and H.3).
(h), Nam,~s and locations ofa minimum of three (3) projects of like magnitude,
_with a brief narrative description, cost. and a customer contact name and
phone number.
(i) Listing of any major sub-subcontractors needed to complete the work. The
listing shall, at a minimum, include the name and address of the proposed
sub-subcontractor, description of the work to be subcontracted, type of
subcontract anticipated, and an estimated value of the sub-subcontract.
U) Evidence that your firm can comply with the Health and Safety requirements
(See Clauses H.30 through 1-1.36 of the subcontract document). This
information shall include, at a minimum. your firm's Interstate Experience
Modification Rate (EMR) and OSHA 200 logs for the three (3) most recent
year!: and total number of hours worked each year. If the state where the job
site is located has an EMR, provide the same information for that state.
(k) Evidence that your firm can provide a Critical Path Method (CPM) schedule
with time-phased bar chart showing the order in which the work will be
perfonned for the duration of the project, which can be easily updated on a
weekly basis.
(1) Listing of key personnel with resumes for each person. Listing shall, at a
minimum, include resumes for a Project Manager, Lead Design Engineer,
Field Superintendent, and Field Quality Control Manager (one person can
fill more than one of these roles). Each of these individuals must have at
least three (3) years experience in the construction of similar projects.
00-003SOW _ PcrfS llbDo~/3 280-0 7 I, 050 i 6
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INSTRUCTIONS TO BJl)DERS IFB 3280-071-001-CN
EXTENSION OF EXISTING WATER ~JAIN. CONNECTION OF INDIVIDUAL RESIDENCES TO CITY
WATER. AND INSTALLATION OF INDIVIDUAL RESIDENTIAL CARBON FILTRATION UNITS AT
TIIE NORTII BELMONT PCE SITE. NORTH BELMONT. GASTON COUNTY. NORTH CAROLINA
(m) Provide a brief description of the firm"s experience performing similartypes
of work. This firm must have at least five (5) years experience in the
activities required to complete this work.
(n) Pwvide.a brief description of the approach to the work, including numbers
and types of equipment, whether the equipment is Subcontractor-owned or
wiLI be leased, number of crews, sequence of work, overall schedule, and
other pertinent information.
(o) Name of Subcontractor's Health and Safety Officer.
(p) A statement reflecting the number of Subcontractor's employees who have
completed the training and medical requirements required for hazardous
, waste employees.
(q) Provide a copy of firms' Quality Assurance Plan that provides quality
as,:urance/quality control requirements and procedures for the types of work
requiired herein.
6. PROPOSAL EXPENSES AND PRESUBCONTRACT COSTS
This request does not commit COM Federal to pay for any costs incurred in the
preparation and submission of proposals/bids or for any other costs incurred prior to the
execution of a subcontract.
7. AMENDMENTS TO INVITATIONS FOR BIDS
(a)
(b)
If this ,elicitation is amended, then all terms and conditions which are not
modified remain unchanged.
Bidders shall acknowledge receipt of any amendment to this solicitation.
(I) By either signing and returning the amendment if provided for in the
amendment,
(2) By identifying the amendment number in the space provided for this purpose
on the form for submitting a bid, or
(3) By letter, telegram or facsimile.
oo.Q03SO\\' _rertSubDoc/3 280-071 /ll51J5 7
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INSTRUCTIONS TO BIDDERS IFB 3280-071-001-CN
EXTENSION OF l:XISTING WATER ~JAIN. CONNECTION OF INDIVIDUAL RESIDENCES TO CITY
WATER. AND INSTALLATION OF 11'DIVIDUAL RESIDENTIAL CARBON FILTRATION U1"1TS AT
THE NORTH BELMONT PCE SITE.1"ORTH BEL~IONT, GASTON COUNTY. NORTH CAROLINA
(c) COM Federal must receive the acknowledgment by the time and at the place
specified for receipt of bids.
8. FAILURE TO SUBMIT BID
Recipients of this solicitation not responding with a bid should not return this
solicitation. unless it specifies otherwise. Instead, they should advise the issuing office
by letter or po:;tcard whether they want to receive future solicitations for similar
requirements. Ifa recipient does not submit a bid and does not notify the issuing office
that future solicitations are desired, the recipient's name may be removed from the
applicable mailing list.
9. NOTICE OF BONDING REQUIREMENTS
The Federal Acquisition Streamlining Act of 1994 (Public Law I 03-355) requires that
construction awards between $25,000 and $ I 00,000 must require an irrevocable letter
of credit and one of the following: payment bond, tripartite escrow agreement, or
certificates of deposits. The Miller Act (40 U.S.C. 270a-270f) requires that construction
awards exceeding $ I 00,000 must have performance and Payment Bonds. A Payment
Bond always requires a Performance Bond. Bond forms are included in Attachment C .
to the subcontm~, document. Bidder will submit the appropriate bond instrument
commensurate with the total dollar amount bid.
IO. CONSENT OF SURETY
Accompanying each bid shall be a certificate from a surety company listed on the most
current U.S. Treasury Department Circular 570 and qualified to do business in the State
of Colorado guaranreeing that the required Performance and Payment Bond shall be for
the total estimated value of all work upon which the bid is submitted. Failure to provide
the above may result in rejection of bid. There is no exception to this requirement.
I I. LA TE SUBMISSIONS, MODIFICATIONS AND WITHDRAW AL OF
PROPOSALS/BIDS
(a) Any proposal/bid received at the office designated in the RFP/IFB after the exact
time specified for receipt will not be considered unless it is received before award
is made and it:
(1) was sent by registered or certified mail not later than the fifth calendar day
before th,e date specified for receipt of responses;
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INSTRUCTIONS TO BIDDERS IFB 3280-071-001-CN
EXTE'.'l'SION OF EXllfflNG WATER ~IAIN. CON:-iECTIO:-i OF INDIVIDUAL RESIDENCES TO CITY
WATER. AND INSTALLATION OF INDIVIDUAL RESIDE'.'l'TIAL CARBON FILTRATION Ui'o'ITS AT
THE i'o'ORTII BELMONT PCE SITE, NORTH BEL~IONT. GASTON COUNTY, NORTH CAROLINA
(2) was sent by mail or, if authorized by the solicitation, was sent by telegram
or via facsimile and it is determined by CDM Federal that the late receipt
wa:; solely due to mishandling by CDM Federal after receipt at the CDM
F eclc:ral office;
(3) wa:; sent by U.S. Postal Service Express Mail Next Day Service-Post
Office to Addresses, not later than 5:00 p.m. at the place of mailing two
working days prior to the date specified for receipt of proposals/bid. The
tem1 'working days" excludes weekends and U.S. Federal holidays; or
(b) Any modification or withdrawal of a proposal/bid, is subject to the same
condition:; as in subparagraph (a) of this provision.
(c) The only acceptable evidence to establish the date of mailing of a late
proposal/bid, modification or withdrawal sent either by U.S. Postal Service
registered or certified mail is the U.S. or Canadian Postal Service postmark both
on the envelope or wrapper and on the original receipt from the U.S. or Canadian
Postal Service. Both postmarks must show a legible date or the proposal/bid,
modificaiion or withdrawal shall be processed as if mailed late. "Postmark"
means a printed, stamped, or otherwise placed impression ( exclusive of a postage
meter machine impression) that is readily identifiable without further action as
having bee,n supplied and affixed by employees of the U.S. or Canadian Postal
Service on the date of mailing. Therefore, respondents should request the postal
clerk to place a legible hand cancellation bull's eye postmark on both the receipt
and the envelope or wrapper.
(d) The only ac~eptable evidence to establish the time ofreceipt at the CDM Federal
office is the time/date stamp of CDM Federal on the proposal/bid \Happer or
other documentary evidence of receipt maintained by CDM Federal.
( e) The only acceptable evidence to establish the date of mailing of a late proposal/
bid, modification, or withdrawal sent by Express Mail Next Day Service-Post
Office to Addressee is the date entered by the post office receiving clerk on the
"Express Mail Next Day Service-Post Office to Addressee" label and the
postmark on both the envelope or wrapper and on the original receipt from the
U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph
(c) of this provision, excluding postmarks of the Canadian Postal Service.
Therefore, respondents should request the postal clerk to place a legible hand
cancellation bull's eye postmark on both the receipt and the envelope or\\rnpper.
00-00JSOW _ P~rfSubDoc/3180-07 I /050'., 9
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l,1,STRUCTIONS TO BIDDERS I FB 3280-071-00 I -CN
EXTENSION OF EXISTI:--G WATER ~I,\IN, CONNECTION OF INDIVIDUAL RESIDENCES TO CITY
WATER, AND INSTALL-\TION OF INDIVIDUAL RESIDENTIAL CARBON FILTRATION UNITS AT Tm: NORTH BEDIONT PCE SITE. NORTH BELMONT. GASTON COUNTY. NORTH CAROLINA
(f)
(g)
Notwithstanding paragraph (a) of this prov1s1on, a late modification of an
otherwise successful proposal/bid that makes its terms more favorable to COM
Federal will be considered at any time it is received and may be accepted.
Proposals/bid may be withdrawn by written notice or telegram (including
mailgram) received at any time before award. If the solicitation authorizes
facsimil.e proposals/bids, proposals/bids may be withdrawn via facsimile received
at anytime before award, subject to the conditions specified in the provision
entitled "Facsimile Bids." A proposal/bid may be withdrawn in person by a
respondent or its authorized representative if, before the exact time set for receipt
of proposals/bids. the identity of the person requesting withdrawal is established
and the person signs a receipt for the proposal/bid.
12. TREATMENT OF PROPOSAL/BID INFORMATION
Your proposal;bid may include technical data and other data, including trade secrets
and/or privileged or confidential commercial or financial information that you do not
want disclosed to the public or used by the Company or Government for any purpose
other than proposal evaluation. To protect such data. you must specifically identify each
page, including each line or paragraph thereof, containing the data to be protected and
mark the cover sheet of the proposal/bid with the following notice:
NOTICE
The data contained in pages ___ of this proposal/bid have been submitted in
confidence and contain trade secrets and/or privileged or confidential commercial or
financial information. and such data shall be used or disclosed only for evaluation
purposes: provided. that if a subcontract is awarded to this proposer as a result of, or in
connection with, the submission of this proposal, the Company and the Government
shall have the right to use or disclose the data herein to the extent provided in the
subcontract. This restriction does not limit the Company and the Government's rights
to use or disclose data obtained without restriction from any source, including the
proposer.
13. EXPLANATION TO PROSPECTIVE BIDDERS
Any prospective bidder desiring an explanation or interpretation of the solicitation,
drawings, specifications. etc., must request it in writing soon enough to allow a reply to
reach all prospectiw bidders before the submission of their bids. Oral explanations or
instructions given before the award ofa contract will not be binding. Any information
given a prospective bidder concerning a solicitation will be furnished promptly to all
00-00J SO\\'_ f>ntsubDocl 3 ~80-071, 05 ,)5
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INSTRUCTIONS TO BIDDERS I Fil 3280-071-001-CN
EXTENSION OF EXISTING WATER YIAIN. CONNECTION OF INDIVIDUAL RESIDENCES TO CITY
WATER. AND INSTALLATION OF INDIVIDUAL RESIDENTIAL CARBON FILTRATION UNITS AT
THE NORTH BELYIONT PCE SITE. 1,ORTH BELYIONT. GASTON cou;s;n·. 1,ORTH CAROLINA
other prospective bidders as an amendment to the solicitation. if that information is
necessary in submitting bid or if the lack of it would be prejudicial to other prospective
bidders.
14. EVALUATION FACTORS FOR AWARD
14.1 BASIS OF AWARD
Award will be based on low qualified and conforming bidder. The apparent low
bidder will be determined by comparing total bid amounts.
14.2 QUALIFICATION OF BIDDERS
(a) • No conflict of interest.
(b) Insured.
(c) Bonded.
( d) Health and Safety trained.
(e) Bidders will be investigated to determine if they are qualified to perform the
work. All Bidders shall be prepared to submit within one working day of
COM Federal Programs Corporation's request_ additional written evidence
of such information and data necessary to make this determination.
(f) Tlw investigation of a Bidder will seek to determine whether the
organization is adequate in size, is authorized to do business in the
jurisdiction where the project is located, has had previous related experience
and whether available ·equipment and financial resources are adequate to
assure COM Federal that the work will be completed in accordance with the
terms of the Agreement. The amount of other work to which the Bidder is
committed may also be considered.
(g) In evaluating Bids, the qualifications of only those Bidders whose Bids are
in compliance with the prescribed requirements of the Invitation for Bid will
be considered.
(h) COM Federal reserves the right to reject any Bid if the evidence submitted
by, or the investigation of, such Bidder fails to satisfy COM Federal that
00,003SO\V _PcrfSubDoc/3280•07110505 11
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INSTRUCTIONS TO BIDDERS IFB 3280-071-001-CN
EXTENSION OF EXISTING WATER ~IAIN, CONNECTION OF INDIVIDUAL RESIDENCES TO CITY
WATER, AND INSTALLATION OF INDIVIDUAL RESIDENTIAL CARBON FILTRATION UNITS AT
TIIE NORTH BELMONT PCE SITE. NORTH BEDIONT. GASTON COUNTY, NORTH CAROLINA
such Bidder is properly qualified to carry out the obligations of the
subcontract documents and to complete the work contemplated therein.
(i) Activities included in the StatementofWork/Specifications shall commence
within five (5) working days ofreceipt of a notice to proceed. Firms that do
not have the ability to meet this schedule should not bid.
14.3 SMALL BUSINESS CONSIDERATION
(a) In the event of equal price, competence and qualifications, special
consideration will be given to firms classified as (a) a small business, (b) a
minority-owned business. (c) a women-owned business, or (d) located in a
designated labor-surplus area. Proposals should indicate whether or not any
'of these categories apply. (See Part IV, Section K of the subcontract
document.)
(b) Refor to Subpart 19.1 of the Federal Acquisition Regulation (FAR) for
Tenns and Size Standards pertinent to small and disadvantaged businesses.
The Standard Industrial Classification (SIC Code) for this project is 1623,
"Water, Sewer, Pipeline, and Communications and Power Line
Construction," with size standard of $17.0M.
14.4 DISCOUNT
Prompt payment discounts will not be considered in the evaluation of offers.
However, any offered discount will form a part of the award and will be taken if
payment is made within the discount period indicated in the offer by the offeror.
As an alt<:mative to offering a prompt payment discount in conjunction with the
offer, ofterors awarded contracts may include prompt payment discounts on
individual invoices.
15. PRE-BID CONFERENCE AND SITE VISIT
15.1 A pre-bid conference and site visit will be held on TAB at TBA hours local time
at the North Belmont PCE site in North Belmont, North Carolina. The
conference and site visit will be limited to four people from each firm intending
on submitting a bid. This number shall include potential second-tier contractors.
15.2 At least two working days prior to the pre-bid conference, all firms interested in
attending must submit a list of persons planning to attend. This list shall, at a
00-003SOW _PerfSubDoc/3280-07 l/0~05 12
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INSTRUCTIONS TO BIDDERS IFB 3280-071-001-CN
EXTEi\SION OF EXISTING WATER MAIN. CONNECTION OF INDIVIDUAL RESIDENCES TO CITY
WATER. AND li\STALLATION OF INDIVIDUAL RESIDEi\TIAL CARBON FILTRATION UNITS AT
THE NORTH BEL~IONT PCE SITE. NORTH BEL~IONT. GASTON COUNTY. NORTH CAROLINA
minimum, include the firm's name. address. and the names and phone numbers
of individuals planning to attend.
16. NOTICE OF U.S. DEPARTMENT OF LABOR WAGE DETERMINATION
Notwithstanding any other provision of this subcontract, the minimum wage payment
shall be as sp~cified by the applicable Davis-Bacon Act wage determination rate. A
Wage Determination is hereby incorporated in this solicitation and subsequent
subcontract as Attachment D. This determination may be amended from time to time
and shall apply from the date of award and to any lower-tier subcontracts.
End of Instructions and Evaluation Factors
*****
00-00JSO\\' _ Pcrf5ub0ocl 3::!S0.07110: 05 13
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Subcontrac1 No.: 3280-071-XXX-CS
l'L1rsuant tu Contract No.: 68-\\'5-0C<:'2
Subcontrnc1 Effccti\'c Date: Upon si gnaturc of bo1h panics
PART!: SCHEDULE
DCN: 3281-0-19-PS-CONS-XXXXX
Subcontract pursuant to U.'.;. Environmental Protection Agency Prime Contract No: 68-WS-0022.
ISSUED BY: CDM FEDERAL PROGRAMS CORPORATION
1526 Col,, Blvd.
Bldg. 3. Suite 150
Golden. C:O 8040 I
SUBCONTRACTOR:
TITLE OF SUBCONTRACT: Extension of Existing Water Main. Connection oflndividual Residences to City
Water. and Installation of Individual Residential Carbon Filtration Units at the
North Belmont PCE Site, North Belmont. Gaston County, North Carolina
TYPE OF SUBCONTRACT: Fixed Price Construction
SUBCONTRACT VALUE: $
PERIOD OF PERFORMANCE: TBD to TBD
AGREEMENT
SUBCONTRACTOR agrees to furnish and deliver all items or perform all the services set forth above or on any continuation sheets for the consideration as stated herein. The rights and obligations of the parties of this
Subcontract shall be subject to and governed by the following documents: (a) Schedule (Part I), (b) Representations
and Certifications, (c) Subcontract Clauses (Part II). (d) Statement of Work. (e) Drawings, (f) all other Attachments and Appendices that are incorporated by reference.
This Subcontract supersedes all prior oral and written agreements, if any. between the parties, and constitutes the
entire agreement between the parties with respect to the work to be performed under this Subcontract.
CDM FEDERAL PROGR,"IS CORPORATIO~ SUBCONTRACTOR
(NAME) (NAME)
(TITLE) (TITLE)
BY: _______________ _ BY: ______________ _
(SIGNATURE) (SIGNATURE)
DATE: ____________ _ DATE: ______________ _
(}().003SOW _ PerfSubDocl/J 280-01110505
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Contract No .. 68-WS-<.022
Subcontract Effccti\'c Date: Upon :;ignaturc of both panics
TABLE OF CONTENTS
PART I: SCHEDULE
SECTION A SUBCONTRACT INFORMATION
DC~: 3281-049-PS-CONS-XXXXX
. . . . . . . . . . . . . . . . . . . . I
. . . . . . . . . . . . . . . . . . . I
A. I DEFINITIONS ............................. I
A.2 SUBCONTRACTOR AND COM FEDERAL REPRESENTATIVES... . ........... I
SECTION B SUPPLIES OR SERVICES AND PRICE/COSTS .. .......... 2
B. I SUBCONTRACT PRICE ....... . . ....... 2
SECTIONC DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ........ . ....... 2
C.I STATEMENTOFWORK ........ 2 C.2 SCOPE OF SERVICES . . . . . . . . . . . ... 2 C.3 COORDINATION AND PROSECUTION OF WORK ...................................... 4 C.4 CONTRACTOR (CDM FEDERAL) PROVIDED EQUIPMENT AND MATERIALS ........ 4
SECTION D PACKAGING AND MARKING ............................................ 4
D. I SHIPMENT . . . . . . . . . . . . . . . . . . . . . . . . . ........ 4 D.2 MARKING ........................................................................ 4 D.3 F.0.B. POINT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 4
SECTION E INSPECTION AND ACCEPTANCE ....... . .. "". 5
E.I INSPECTION AND ACCEPTANCE ...... . "5 E.2 INSPECTION ...... ······· ...... 5 E.3 ACCEPTANCE ..... "" .. 5 E.4 SUBCONTRACTOR QUALITY CONTROL (QC) REQUIREMENTS " ..... 5 E.5 INSPECTION BY REGULATORY AGENCIES ...... . . ..... 6
SECTION F DELIVERIES OR PERFORMANCE ........................................ 6
F.I
F.2
F.3
F.4
F.5
F.6
F.7
F.8
F.9
PERIOD OF PERFORMANCE ........................................................ 6
PLACE OF PERFORMANCE ......... 6 REPORTS OF WORK ............................................................... 6 WORKING FILES . . . . . . . . . . . . . . . . . . . . . . . .... 6
COMMENCEMENT, PROSECUTION. AND COMPLETION OF WORK ...................... 6
NOTICE TO PROCEED ........ 6 LIQUIDATED DAMAGES ..
ORDERING OF WORK -FIXED UNIT PRICE .....
TECHNICAL DIRECTION
... ". 7
" " " .. " " .. 7
"". 7
SECTIONG SUBCONTRACT ADMINISTRATION DATA ...... . ............ 8
G. I COM FEDERAL CONTRACT OFFICER ................................................ 8
00-003S0\\' _ PeriS ubDoc2/3 280-071 /0505 II .
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5ubcontrnct No.: 3130-071-XXX-CN
Pursuant to Contr:ict No.: 6S-W5-0022
DCN: 3181-0➔9-i'S-co:-:s-xxxxx
Subcontrnct Effecti\'e Date: Upon ;igna1urc of both panics
G.2 PAYMENTS .......... . . ...... 8 G.3 SUBMISSION OF INVOICES . 8
9 G.3 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS
G.4 NOTIFICATION OF CHANGES 11 G.5 COM FEDERAL CONTRACT OFFICER/SUBCONTRACT MANAGER/TECHNICAL
REPRESENTATIVES.... 13
G.6 ASSIGNMENT OF SUBCONTRACT .. 15 G.7 CONSENT FOR LOWER TIER SUBCONTRACTORS AND CONSULTANTS ............... 15 G.8 DECONTAMINATION OF GOVERNMENT PROPERTY ................................. 15 G.9 WAIVER ......................................................................... 15
G. 10 CHOICE OF LAW . . ...................................... 15
G.11 PRIVITY OF CONTRACT..................... 16 G.12 INDEPENDENT CONTRACTOR.............. . ... 16 G.13 DISPUTES . . . . 16 G. 14 MODIFICATION PROPOSALS -PRICE BREAKDOWN . . . .. 18
SECTION H SPECIAL SUBCONTRACT REQUIREMENTS .. 18
H.I
H.2
H.3
H.4
H.5
H.6
H.7
H.8
H.9
H.10
H.11
H.12
H.13
H.14
H.15
H.16
H.17
H.18
H.19
H.20
H.21
H.22
H.23
H.24
H.25
H.26
PRINTING . . . . . . . . . . . . .. 18 ORGANIZATIONAL CONFLICTS OF INTEREST ....................................... 20 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL ............... 20 LIMITATION OF FUTURE CONTRACTING (RACS) .................................... 21
SUBMISSION AND UPDATE OF CONFLICT OF INTEREST PLAN ........................ 22
UTILIZATION OF RURAL AREA SMALL BUSINESS CONCERNS ........................ 22 UTILIZATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES .............. 23
PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT .............................. 23 STATE AND LOCAL TAXES ........................................................ 24 SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY ............ 24 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION .......................... 25 RELEASE OF SUBCONTRACTOR CONFIDENTIAL BUSINESS INFORMATION ............ 26 PUBLICITY .. 27 PAPERWORK REDUCTION ACT ...
FABRICATION OR ACQUISITION OF NONEXPENDABLE PROPERTY
RIGHTS OF WAY LAND EASEMENT ..
PUBLIC COMMUNICATION .................. .
.. 27
.. 27
27
28 RETENTION AND AVAILABILITY OF SUBCONTRACTOR FILES . . . . . . . . . . . . . . . . . . . . . 28 EXPERT TESTIMONY ............................................................. 29 FUTURE EXPERT CONSUL TING SERVICES .......................................... 29
NOTIFICATION TO SUBCONTRACTOR AND EMPLOYEES ............................. 29
MINIMUM REQUIRED INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . ..... 29 QUALITY ASSURANCE (QA)/ QUALITY CONTROL (QC) REQUIREMENTS .............. 30 PRIME CONTRACTOR DIRECTION.COMMUNICATIONS .............................. 31 SUBCONTRACTOR INDEMNIFICATION OFCDM FEDERAL...................... . ... 31 PERMITS AND LICENSES . . . . . . . . . . . . . . . . .......................... 33 H.27 PRIVITY OF CONTllACT ........................................................... 33
H.28 INDEPENDENT CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................ 33 H.29 ADVERTISING AND PUBLICITY .................................................... 33 H.30 HEAL TH AND SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... 33 H.31 HEALTH AND SAFETY PLAN -WORK ON HAZARDOUS WASTE SITES OR
HAZARDOUS WASTE OPERATIONS ................................................ 35 H.32 MEDICAL SURVEILLANCE ........................................................ 37
00-003 SOW_ PcrfSubDoc2/32 80-071 /0505 iii
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Subcon1rnct No.: 32S0-071-XXX-CN
Pursuant to Contract No.: t.>S-\\'5-00n
Subcontrac1 Effccti\c Date: Upon signature ofhoth parties
H.33 HEAL TH AND SAFETY TRAINING
H.34 HEAL TH AND SAFETY EQUIPMENT
H.35 PERSONAL HYGIENE ....
H.36 SITE HEAL TH AND SAFETY CONTROL ...
H.37 PERFORMANCE AND PAYMENT BONDS
H.38 WAGE RATES ...
PART II: SUBCONTRACT CLAUSES ..
SECTION I SUBCONTRACT CLAUSES ............ .
GENERAL RULES OF CONSTRUCTION ....
BID GUARANTEE ..
ADDITIONAL BOND SECURITY ..
WARRANTY OF SERVICES ............. .
DCN: 3281-0.\9-PS-CONS-XXXXX
.. 38
38
. ...... 38
. . 39
.. 39
. .. 40
.. ... 41
... 41
... 41
... 41
..... 42
........... 42
I. I
1.2
1.3
1.4
1.5
1.6
I. 7
1.8
FAR CLAUSES. . ....... 43
AL TERA TIO NS TO PROVISIONS . . . . . . . . . . . ........ 4 7
AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 1984) .................... 47
Additional FAR Clauses . . . ....... 4 7
PART Ill: LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS .. : ............. 48
SECTION J LIST OF ATTACHMENTS ............ . ............. 48
J.I LISTOF ATTACHMENTS . . ............ 48
Attachment A -Statement of Work
Appendix A, "Existing Water Main Details for the Site"
Appendix B. "Residential Wellhead Granular Activated Carbon Treatment Units -Performance
Specifications"
Attachment B -Bonds
Bid Bond
Performance Bond
Labor And Materials Payment Bond
Consent of Surety
Attachment C -U.S. Depattment of Labor Wage Determination, General Decision Number XXXXX
SECTION K REPRESENTATIONS AND CERTIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . .. 48
00-003S0\\' _ Pert5 ub Doc2/3 280-071 iOSOS IV
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Contrac1 No.: 68-W5-001:!
DCN: 3281-0~9-PS-CONS-XXXXX
Subcontract Effective Date: Upon ~!!;nature ol both panics
SECTION A SUBCONTRACT INFORMATION
A.I DEFINITIONS
As used throughout this Subcontract. the following terms shall have the meanings set forth below:
(a) CDM Federal-COM FEDERAL PROGRAMS CORPORATION. a prime contractor
Environmental Protection Agency Contract under Prime Contract No: No:68-WS-0022
of the U.S.
(b) Subcontractor-Shall mean the company which name appears on the signature page of this document.
(c) Government-When used in a contractual capacity with respect to the prime contract shall mean
U. S. Environmental Protection Agency (Agency); othenvise it retains its original meaning as the U.S.
Federal Government.
(d) Prime Comract-As used in this Subcontract shall mean a contract between an Agency of the United States
Government and the first tier contractor for which this Subcontract is a lower-tier subcontract.
(e) Prime Contractor-As used in this Subcontract shall mean an entity that contracts directly with an Agency
of the United States Government to supply goods or services.
(f) Subcontract-As used herein shall mean this Subcontract.
(g) Program Manager and Project Manager-COM Federal employees who are responsible for the technical
management of this Subcontract.
(g) Contract Officer-As used in this Subcontract shall mean the CDM Federal Contract Officer, unless
specifically stated otherwise.
Other definitions relating to tenns in clauses incorporated by reference are contained in Section I.
A.2 SUBCONTRACTOR AND CDM FEDERAL REPRESENTATIVES
(a) Subcontractor Administration Representatives:
Subcontractor:
Name:
Address:
Telephone:
00-00JSOW _ PerfSubDoc2/3 280-0711050-i
CDM Federal Contracting Officer:
Name:
Address:
Richard L. Culver
CDM Federal Programs Corporation
1526 Cole Blvd. Bldg 3, Suite 150
Golden. CO 8040 I
Telephone: [phone]
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Subcontract No.: 3280-071-XXX-CN
l'ursuan1 to Contract No.: 68-WS-0022
Subcontract Effective Date: Upon si~naturc of both panics
(b) Technical Representatives:
Subcontractor/Project Manager:
Name:
Address:
Telephone:
DCN: 32S\-0~9-l'S-CONS-XXXXX
COM Federal Project Manager:
Name: James R. Laforest
Address: COM Federal Programs Corporation
800 Oak Ridge Turnpike, Suite 500
Oak Ridge. TN 37830
Telephone: [phone]
SECTION B SUPPLIES OR SERVICES AND PRICE/COSTS
B.I SUBCONTRACT PRICE
The price for perfonnance of work for performance under this subcontract shall not exceed the price set fonh on
the signature page and the Schedule of Values.
SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.I STATEMENT OF WORK
The Subcontractor shall furnish the necessary personnel, material, equipment, services. facilities (except as
otherwise specified) and transportation to perform the tasks described in the Statement of Work included in
Attachment A, attached hereto and hereby incorporated into this Subcontract.
C.2 SCOPE OF SERVICES
(a) Description of Projects. \Vork to be performed under this subcontract is in connection with with CDM
Federal's remedial. enforcement oversight and non-time critical removal activities at sites of release
or threatened release of hazardous substances in EPA Region 4.
(b) Statement of Contract Services. The Subcontractor shall provide all labor. equipment. and material
to furnish services as specified.
(c) Conferences. The Subcontractor when directed shall attend meetings/conferences with representatives
of the Government and Contractor.
(d) Extra Services. The Subcontractor is advised not to perform any services under this subcontract,
requested by any COM Federal employee or person in the Government. orally or in writing, which he
considers to be a change in work or services required by this subcontract necessitating an adjustment
in subcontract price. until he has made a proposal to the COM Federal Contract Officer (CO) covering
such extra services, has negotiated a mutually satisfactory fee, and has received approval of the
changed \Vork or services in writing unless directed otherwise by the CO.
(e) Regular Working Hours. During the performance of onsite activities COM Federal's working hours
are Monday through Friday 7:00 a.m. to 7:00 p.m. with a ½-hour break. COM Federal will not be
conducting any site work on the following holidays: Fourth of July, Labor Day, Thanksgiving Day,
Day after Thanksgiving, and Christmas Day.
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Subcontract No.: 3280-071-XXX-CN
Pursuam to Contract No.: 68-W5-0022
DCN: 3281-049-PS-COSS-XXXXX
Subcontract Effccti\ e Dmc: Upon signi'lturc of hoth p.it1ics
(f) A vailabilitv of Utilities. The Subcontractor shall supply his own means to secure all utility services
as required to do the work. The Subcontractor shall be responsible for transportation and storage of
the water as required to do the work.
(g) Protection of Existirn.! Utilities
(I) Definition. The term "utilities" shall be construed to mean all utilities, such as water. gas, sewer,
drainage, steam. high-temperature hot water, electricity, telephone and other similar systems.
(2) Work under this subcontract shall include the cost of the Subcontractor protecting existing
utilities which will be affected by the work.
(h) Access. Rights of ingress and egress will be obtained by CDM Federal and the EPA.
(i) Protection of Existing Site Amenities. The Subcontractor shall be responsible for preserving.
protecting and preventing damage to all public and private property. All damage to private or public
property resulting directly or indirectly from the Subcontractor's operations shall be resolved. at the
Subcontractor's expense. to a condition equal to that existing before the damage was done. in a manner
acceptable to the CDM Federal.
U) Phvsical Data
(1) lnfom,ation and data furnished or referred to below or elsewhere are furnished for the
Subcontractor's information. However, it is expressly understood that CDM Federal and the
Government will not be responsible for any interpretation or conclusion drawn therefrom by the
Subcontractor.
(a) Weather Conditions: The Subcontractor shall be aware of the hazards likely to arise from
weather conditions. Complete weather records and reports may be obtained from any U.S.
Weather Bureau Office. Work days will be extended day-for-day in accordance with the
following:
I. Each day where the temperature at 7:00 a.m. at the site is not 20°F and rising.
2. Each day the Subcontractor and CDM Federal on site superintendent or other
designated representative agree that site conditions for whatever reason are unsafe
or will adversely affect the constructed work product.
(b) Transportation Facilities: The Subcontractor shall investigate the conditions of existing
public and private roads and of clearances. restrictions, bridge load limits. and other
limitations affecting transportation and ingress and egress at the job site.
(k) Materials and Equipment
( 1) The Subcontractor shall furnish satisfactory evidence upon request that all materials. including
fill dirt, to be furnished in perfom1ing the work are new or suitable for re-use and all equipment
to be used is in good working order.
(2) Any equipment. parts and materials damaged. or deemed unacceptable by the Contractor. shall
be removed from the site and replaced with similar·new equipment, parts or materials by the
Subcontractor at no additional cost to the Contractor.
00--00JSOW _ PerfSubDoc ~3 :!S0-071 /050.t 3
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Comract No.: 68-W5-0022
Subcontract ElTccti\ c Date: Upon signamrc of both panics
DCN: 3281-049-PS-CONS-XXXXX
(1) Qualifications. Only competent workmen shall execute this work. All work shall be performed under
the direct full time supervision of an experienced supervisor satisfactory to the Contractor.
C.3 COORDINATION AND PROSECUTION OF WORK
(a) During the prosecution ofthc work. the Subcontractor shall keep in close liaison with the CDM Federal
Project Manager or designated representative, who will coordinate the work with other agencies. All
requests made by other agencies shall be referred to the COM Federal Project Manager or designated
representative for action by the CDM Federal Contract Officer. All manuals and other data marked
for return and furnished under this subcontract shall be returned within 30 calendar days after the date
of acceptance of the work.
(b) The Subcontractor shall make all visits to the office of the CDM Federal Site Manager and to the sites
of work as may be required to accomplish the work under this subcontract.
C.4 CONTRACTOR (COM FEDERAL)PROVIDED EQUIPMENT AND MATERIALS
(a) No equipment and materials will be supplied.
SECTION D PACKAGING AND MARKING
D.I SHIPMENT
(a) Preservation. packing, and packaging of items for shipment shall be in accordance with commercial
practice and adequate for acceptance by common carrier for safe transportation at the most economical
rates consistent with schedules except when "Overnight Delivery" is required. In that case. the
Contractor will reimburse the Subcontractor when "Overnight Delivery" requirements result from the
Contractor's failure to notify the Subcontractor 3 days in advance to use at least "Tv,'o Day" delivery.
D.2 MARKING
(a) Shipment of deliverable items shall be as follows:
CDM Federal Programs Corporation
1526 Cole Boulevard. Suite 150
Golden, Colorado 80401
(b) The Subcontractor shall mark each shipment with the company name, the subcontract number. the item
identification. quantity of items; and notice of partial or final delivery, all to the attention of the Project
Manager.
D.3 F.O.B. POINT
All items shall be shipped f.o.b. destination with all shipping and transportation costs prepaid.
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Subcontract No.: 32S0-071-XXX-C:-S
Pursuant 10 Contract No.: b8-W5-0022
Subcontrac1 Effective Date: Upon signamre ol both p.irties
SECTION E INSPECTION AND ACCEPTANCE
E.I INSPECTION AND ACCEPTANCE
DCN: 3281-049-PS-CONS-XXXXX
(a) Inspection of work perfonned hereunder will be as specified in FAR clause 52.246-12. entitled
"Inspection of Construction." and shall extend to both CDM Federal and the Government. CDM
Federal or its duly-authorized representative will perform inspection and acceptance of materials and
services to be provided. Inspections shall be conducted in a manner so as to not unduly delay work.
(b) For purposes of this clause. CDM Federal's Program Manager and Project Manager are authorized as
representatives of CDM Federal.
(c) Acceptance of work hereunder shall be made by the CDM Federal but shall not be considered final
until after acceptance of work incorporating Subcontractor's efforts hereunder has been made by the
Government.
E.2 INSPECTION
(a) CDM Federal may. at all reasonable times, inspect or otherwise evaluate the work pcrfonned under
this subcontract. Such inspections or evaluations may be perfonned by any authorized representative
of COM Federal. including the Government or US EPA. Subcontractor shall provide. and require its
lower-tier Subcontractors ( if any) to provide, all reasonable facilities and assistance for the safety and
convenience of inspecting personnel in the perfonnance of their duties while conducting any inspection
or evaluation on the premises of the Subcontractor (or any lower-tier Subcontractor). Inspections shall
be conducted in a manner so as not to unduly delay the work.
(b) If any of the services perfomned do not conform with subcontract requirements, CDM Federal shall
require the Subcontractor to perform the services again in conformity with subcontract requirements
at no additional cost.
E.3 ACCEPTANCE
(a) The perfonnance and quality of work delivered by the Subcontractor. including services rendered. any
documentation or written material complied, shall be subject to inspection. review, and acceptance by
CDM Federal.
(b) Inspection and acceptance will be perfomned as indicated by:
COM Federal Programs Corporation
1526 Cole Boulevard. Suite 150
Golden. Colorado 8040 I
E.4 SUBCONTRACTOR QUALITY CONTROL (QC) REQUIREMENTS
The Subcontractor shall establish and maintain a quality control program to ensure that the requirements of
the subcontract are provided as specified. At a minimum, the Subcontractor shall:
(I) Permit onsite audits or inspections of all activities by CDM Federal. U.S. EPA, or other authorized
officials.
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Contract No.: 68-\\"5-0022
Subcontract Effective Date: Upon .~ignaturc oflmth p:mies
(2) Maintain documentation of work activities.
DCN: 3281-0-19-PS-CO>:S-XXXXX
(3) Conduct internal QC review of work products prior to submittal to CDM Federal.
E.5 INSPECTION BY REGULATORY AGENCIES
Work described in this agreement and Attachment A is subject to inspection by Federal and State OSHA
offices. The Subcontractor shall provide personnel to accompany the Regulatory Agency inspection or
review teams. A Contractor representative will be present during any audit/inspection performed on any
work replaced to this subcontract. Subcontractor personnel shall be knowledgeable concerning the work
being inspected. The Subcontractor shall participate in responding to all requests for information. and
inspection or review finding by regulatory agencies.
SECTION F DELIVERIES OR PERFORMANCE
F.1 PERIOD OF PERFORMANCE
The period of performance of this Subcontract is from the effective date of the Subcontract through the date
shown on the signature page of this subcontract
F.2 PLACE OF PERFORMANCE
The locations of work to be performed shall be the North Belmont PCE Site, North Belmont, Gaston County,
North Carolina.
F.3 REPORTS OF WORK
The Subcontractor shall prepare and deliver reports, if any, in accordance with Attachment A. Statement
of Work or the Specification.
F.4 WORKING FILES
The Subcontractor shall maintain accurate working files on all work documentation including calculations.
assumptions, interpretations of regulations. sources of infonnation, and other raw data required in the
perfonnance of this Subcontract. The Subcontractor shall provide the information contained in its working
files upon request of the CDM Federal Contract Officer or Program Manager.
F.5 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
The Subcontractor shall make every practicable effort to insure all parts of this subcontract work are abreast
of the subcontract schedule and shall keep the Contract Officer or his authorized representative fully advised
at all times concerning delay or difficulties which may prohibit the completion of any part of the work.
Work shall begin no later than TBD and must be completed by TBD.
F.6 NOTICE TO PROCEED
The Subcontractor shall. upon receipt of a notice to proceed by the CDM Federal Project Manager,
commence all services as required in Attachment A of this subcontract. The Subcontractor shall be
completely mobilized and be able to begin any or all work no later than 5 working days after receipt of a
Notice to Proceed.
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Subcon1ract No.: 3!80-071-XXX-CN
Pursuant to Contract No.: 68-WS-0022 lJCN: 3281-0➔9-PS-COSS-XXXXX
Subcontract Eff.:cti\e Date: Upon signature of both pnnics
F.7 LIQUIDATED DAMAGES
(a) If the Subcontractor fails to either complete mobilization or complete fixed price work within the time specified in the subcontract. the Subcontractor shall pay to the Contractor as liquidated damages. the
sum of$ 1.000.00 for each day of delay.
(b) For the purposes of liquidated damages. complete mobilization shall consist of completing all mobilization line items to the extent necessary to accomplish any or all of the work.
(c) If the Contractor terminates the Subcontractor's right to proceed. the resulting damage will consist of
liquidated damages until such reasonable time as may be required for commencement of the work by others together with any increased costs occasioned the Contractor in commencing the work.
(d) lfthe Contractor does not terminate the Subcontractor's right to proceed, the resulting damage will
consist of liquidated damages until the work is commenced as directed.
F.8 ORDERING OF WORK -FIXED UNIT PRICE
F.9
The subcontract serves as the ordering document for those work units incorporated in the Schedule of Values at fixed unit price rates under the technical direction of the Resident Site Engineer. The quantities of
materials and services as may be specified in the Schedule of Values are estimates only and are not purchased by this subcontract.
TECHNICAL DIRECTION
(a) All work under this subcontract shall be subject to the technical direction of the CDM Federal Project/Resident Site Engineer identified in the Statement of Work. The term "technical direction" is defined to include, without limitation:
(I) Directions to the Subcontractor which direct the subcontract effort. shift_work emphasis between
work areas or tasks. require pursuit of certain lines of inquiry, fill in details or otherwise serve
to accomplish the subcontract statement of work.
(2) Provision of written infonnation to the Subcontractor which assists in the interpretation of drawings, specifications or technical portions of the work description.
(3) Review and, where required by the subcontract, approval of technical reports. drawings,
specifications. and technical information to be delivered by the Subcontractor to COM Federal
under the subcontract.
(b) Technical direction must be within the Scope of Work stated in the subcontract. The CDM Federal
Project/Site Resident Engineer does not have the authority to, and may not. issue any technical direction which:
(I) Constitutes an assignment of additional work outside the Statement of Work;
(2) Constitutes a change as defined in the subcontract clause entitled "Changes":
(3) In any manner causes an increase or decrease in the total estimated subcontract cost. the fixed
fee (if any), or the time required for subcontract performance;
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Subcontract No.: J:!S0-07\-XXX-CN
Pursuant 10 Contract No,: 68-\\'5-0012
DCN: 3281-049-PS-CONS-XXXXX
Subcontract Effccti\'c Date: Upon sign.uurc of both partio.:s
(4) Changes any of the expressed terms. conditions or specifications of the subcontract: or
(5) Interferes \vith the Subcontractor's right to perfonn the tenns and conditions of the subcontract.
(c) All technical directions will be issued in writing by COM Federal Project/Site Manager upon request.
(d) The Subcontractor shall proceed promptly with the perfonnance of technical directions duly issued by
the COM Federal Project/Site Manager in the manner prescribed by this section and within his
authority under the provisions of this section.
(e) If. in the opinion of the Subcontractor. any instruction or direction by the COM Federal Project/Site
Manager falls within one of the categories defined in (b )(I) through (5) above, the Subcontractor shall
not proceed but shall notify the COM Federal Contract Officer as soon as practical and in writing
within five (5) calendar days after receipt of any such instruction or direction in accordance with
Section G.4.
SECTION G SUBCONTRACT ADMINISTRATION DATA
G.I CDM FEDERAL CONTRACT OFFICER
Notwithstanding any of the provisions of this Subcontract. the COM Federal Contract Officer shall be the
only individual authorized to redirect effort· or in any way amend or modify any of the tenns of this Subcontract.
G.2 PAYMENTS
G.3
Payments shall be made in accordance with the FAR "Payments" clause in Section I of this Subcontract for
work which is completed and accepted in accordance with Article E. I INSPECTION AND ACCEPTANCE.
SUBMISSION OF INVOICES
(a) The Subcontractor shall submit each invoice no more often than monthly in accordance with the terms
of this Subcontract. COM Federal will promptly revie\'•.r the invoice to determine whether it is
acceptable and, if not. return the unacceptable invoice to the Subcontractor for appropriate revision
prior to payment. In order to be proper, an invoice must include at a minimum the following:
(I) Invoice date.
(2) Name of Subcontractor.
(3) Subcontract number, site, description of materials or services, quantity, unit of measure, unit
price and extended total.
(4) Certified payrolls.
(5) Name. title. phone number and mailing address of person to be notified in event of a defective
invoice.
(6) SubcontraCt number. line item number or description. quantities delivered, unit rates as
incorporated into this Subcontract, and total. Copies of delivery tickets or other such items as
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Subcontract No.: 3180-071-XXX-CS
Pursuant to Contract No.:_ 6X-WS-0o.::.::
Subcon1ract Effective Date: Upon signature of both panics
DCN: 3181-049-PS-CONS-XXXXX
may be reasonably required by CDM Federal to support quantities of items delivered shall be
submitted with each invoice.
(b) Invoices, and supponing documentation including certified payrolls shall be submincd in an original
and one copy to:
CDM Federal Programs Corporation
1526 Cole Blvd. Suite 150
Golden. CO 8040 I
Attn: Subcontracts Department
G.3 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS
(a) Payment of Price. The Contractor shall pay the Subcontractor the contract price as provided in this
contract.
(b) Progress Payments. The Contractor shall make progress payments for fixed price work monthly as the \l,rork proceeds on estimates of work accomplished which meets the standards of quality established
under the contract. as approved by the Contracting Officer.
(I) The Subcontractor's request for progress payments shall include the following substantiation:
(i) An itemization of the amounts requested, related to the various elements of work required
by the contract covered by the payment requested.
(ii) A listing of the amount included for work performed by each 2nd-tier Subcontractor under
the contract.
(iii) A listing of the total amount of each subcontract under the contract.
(iv) A listing of the amounts previously paid to each such 2nd-tier Subcontractor under the
contract.
(v) Additional supporting data in a fortn and detail required by the CO.
(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the
site and preparatory work done to be taken into consideration. Material delivered to the
Subcontractor at locations other than the site also may be taken into consideration if:
(i) Consideration is specifically authorized by this contract: and
(ii) The Subcontractor furnishes satisfactory evidence that it has acquired title to such material
and that the material will be used to perform this contract.
(c) Subcontractor Certification. Along with each request for progress payments, the Subcontractor shall
furnish the following certification. or payment shall not be made: (However. if the Subcontractor
elects to delete paragraph (c)(4) from the certification. the certification is still acceptable.)
0Q.Q0J SOW_ PerfSubDoc213280-071 /050--i 9
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Sulx:ontract No.: 3280-07!-XXX-CN
Pursuant 10 Contract No.: 68-\\'5-0022
Subcontract Effecti\'c Date: Upnn signature of both panics
I hereby certify. to the best of mv knowledge and belief. that-
DCN: 3281-0-19-PS-CONS-XXXXX
(I) The amounts requested are only for performance in accordance \vith the specifications. tenns.
and conditions of the contract:
(2) Payments to 2nd-tier Subcontractors and suppliers have been made from previous payments
received under the contract. and timely payments will be made from the proceeds of the
payment covered by this certification. in accordance with subcontract agreements and the
requirements of Chapter 39 of Title 31, United States Code;
(3) This request for progress payments does not include any amounts which the prime
Subcontractor intends to withhold or retain from a 2nd-tier Subcontractor or supplier in
accordance with the terms and conditions of the subcontract; and
(4) This certification is not to be construed as final acceptance of a 2nd-tier Subcontractor's
performance.
(Name)
(Title)
(Date)
(d) Refund of Unearned Amounts. If the Subcontractor. after making a certified request for progress
payments, discovers that a portion or all of such request constitutes a payment for performance by the
Subcontractor that fails to conform to the specifications, terms, and conditions of this contract
(hereinafter referred to as the "unearned amount"), the Subcontractor shall:
(I) Notify the Contracting Officer of such performance deficiency; and
(2) Be obligated to pay the Contractor an amount (computed by the Contracting Officer in the
manner provided in paragraph U) of this clause) equal to interest on the unearned amount from
the 8th day after the date of receipt of the unearned amount until:
(i) The date the Subcontractor notifies the Contracting Officer that the performance
deficiency has been corrected: or
(ii) The date the Subcontractor reduces the amount of any subsequent certified request for
progress payments by an amount equal to the unearned amount.
(e) Retainage. COM Federal will withhold I 0% of the amount of each invoice for completed and accepted
items or units in event of the Subcontractor's failure to perform in accordance with subcontract
requirements. When the work is substantially complete, the Contracting Officer may retain from
previously \Vithheld funds and future progress payments that amount the Contracting Officer considers
adequate for protection of the Contractor and shall release to the Subcontractor all the remaining
\Vithheld funds. Also. on completion and acceptance of each separate building. public work. or other
division of the contract, for which the price is stated separately in the contract. payment shall be made
for the completed work without retention of a percentage.
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Subcontract No.: 3180-071-XXX-CN
l'tirsuant IO Contrac1 No.: 68-WS-0022
Subcomrnct Effrcti\·c Date: Upon signatun: of botil parties
ocN: 3281-0➔9-Ps-co:-.:s-xxxxx
(f) Title. Liability. and Reservation of Rights. All material and work covered by progress payments made
shall. at the time of payment. become the sole property of the Contractor, but this shall not be
construed as:
(I) Relieving the Subcontractor from the sole responsibility for all material and work upon which
payments have been made or the restoration of any damaged work: or
(2) Waiving the right of the Contractor to require the fulfillment of all of the terms of the contract.
(g) Reimbursement for Bond Premiums. In making these progress payments, the Contractor shall. upon
request. reimburse the Subcontractor for the amount of premiums paid for perfonnance and payment
bonds (including coinsurance and reinsurance agreements. when applicable) after the Subcontractor
has furnished evidence of full payment to the surety. The retainage provisions in paragraph (c) of this
clause shall not apply to that portion of progress payments attributable to bond premiums.
(h) Final Payment. The Contractor shall pay the amount due the Subcontractor under this contract after:
(I) Completion and acceptance of all work:
(2) Presentation of a properly executed voucher: and
(3) Presentation of release of all claims against the Contractor arising by virtue of this contract.
other than claims, in stated amounts, that the Subcontractor has specifically excepted from the
operation of the release. A release may also be required of the assignee if the Subcontractor's
claim to amounts payable under this contract has been assigned under the Assignment of Claims
Actofl940(31 U.S.C.3727and41 U.S.C.15).
(i) Limitation Because ofUndefinitized Work. Notwithstanding any provision of this contract. progress
payments shall not exceed 80% on work accomplished on undefinitized contract actions. A "contract
action" is any action resulting in a contract. as defined in FAR Subpart 2.1, including contract
modifications for additional supplies or services. but not including contract modifications that are
within the scope and under the tenns of the contract. such as contract modifications issued pursuant
to the Changes clause, or funding and other administrative changes.
(j) Interest Computation on Unearned Amounts. In accordance with 31 U.S.C. 3903(c)(I), the amount
payable under subparagraph (d)(2) of this clause shall be:
(I) Computed at the rate of average bond equivalent rates of9 I-day Treasury Bills auctioned at the
most recent auction of such bills prior to the date the Subcontractor receives the unearned
amount; and
(2) Deducted from the next available payment to the Subcontractor.
G.4 NOTIFICATION OF CHANGES
(a) Definitions. "COM Federal CO," as used in this clause, does not include any representative of the
COM Federal CO. The term "Government" or "Government Agency" shall mean the EPA.
(b) Notice. The primary purpose of this clause is to obtain prompt reporting of CDM Federal. Prime
Contractor or Goverhment Agency conduct that the Subcontractor considers to constitute a change to
this subcontract. Except for changes identified as such in writing and signed by the COM Federal CO.
the Subcontractor shall promptly notify the CDM Federal CO in writing within 5 calendar days from
the date that the Subcontractor identifies any CDM Federal or Government Agency conduct (including
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Subcontract No.: ?-~80-071-XXX-CN
Pursuant to Contract No,: 6S-\\'5-0022
Subcontract Effocti\ c Da1c: Upon signature of both panic~
DCN: 3281-0➔9-PS-CONS-XXXXX
actions. _inactions. and written or oral communications) that the Subcontractor regards as a change to
the subContract tcnns and conditions. On the basis of the most accurate infonnation available to the
Subcontractor. the notice shall state-
(I) The date. nature. and circumstances of the conduct regarded as a change:
(2) I fknown, the name, function, and activity of each COM Federal or Government individual and
Subcontractor official or employee involved or knowledgeable about such conduct;
(3) The identification of any documents and the substance of any oral communication involved in
such conduct;
(4) In the instance of alleged acceleration of scheduled performance or delivery; the basis upon
which it arose:
(5) The panicular elements of subcontract performance for which the Subcontractor may seek an
equitable adjustment under this clause, including-
(i) What subcontract line items have been or may be affected by the alleged change;
(ii) What labor or materials or both that have been or may have been added, deleted, or wasted
by the alleged change;
(iii) To the extent practicable, what delay and disruption in the manner and sequence of
performance and effect on continued performance have been or may be caused by the
alleged change;
(iv) What adjustments to subcontract price, delivery schedule, and other provisions affected
by the alleged change are estimated; and
(6) The Subcontractor's estimate of the time by which COM Federal must respond to the
Subcontractor's notice to minimize cost, delay: or disruption of performance.
The Subcontractor's failure to comply with the requisites of this paragraph (b) shall void the
Subcontractor's management to seek an adjustment for the alleged change pursuant to (e)(2) below.
(c) Continued performance, Following submission of the notice required by (b) above, the Subcontractor
shall diligently continue performance of this subcontract to the maximum extent possible in accordance
with its terms and conditions as construed by the Subcontractor.
(d) COM Federal response, The COM Federal CO shall promptly, within IO calendar days after receipt
of notice, respond to the notice in writing. In responding, the COM Federal CO shall either-
(I) Confirm that the conduct of which the Subcontractor gave notice constitutes a change and when
necessary direct the mode of funher performance:
(2) Countermand any communication regarded as a change.
(3) Deny that the conduct of which the Subcontractor gave notice constitutes a change and when
necessary direct the mode of further performance: or
00-003S0\\' _ rcrfSubDoc .!/3280-071, 050-t 12
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Subcontract No.: 3280-071-XXX-CS
Puisuant to Co111ract No.: 68-W5-0022
Subcontrnct Effcc1lvc Date: Upon signature ofb01h pnnlcs
DCN: 328 I-0.t9-PS-CONS-XXXXX
(4) In the event the Subcontractor's notice information is inadequate to make a decision under (I),
(2). or (3) above. advise the Subcontractor what additional infonnation is required. and establish
the date by which it should be furnished and the date thereafter by which CDM Federal will
respond.
(e) Equitable adjustment.
(I) If the CDM Federal CO confirms that CDM Federal or Government conduct effected a change
as alleged by the Subcontractor, and the conduct causes an increase or decrease in the
Subcontractor's cost of or the time required for, performance of any part of the work under this
subcontract. whether changed or not changed by such conduct. an equitable adjustment shall be
made-
(i) In the subcontract price or delivery schedule or both; and
(ii) In such other provisions of the subcontract as may be affected.
(2) Th~ Subcontractor shall be notified in writing accordingly. In the case of drawings, design, or
specifications which are defective and for which the Government is responsible, the equitable
adjustment shall include the cost and time extension for delay reasonably incurred by the
Subcontractor in attempting to comply with the defective drawings. design, or specifications
before the Subcontractor identified, or reasonably should have identified, such defect. When
the cost of property made obsolete or excess as a result of a change confirmed by the CDM
Federal CO under this clause is included in the equitable adjustment. the CDM Federal CO shall
have the right to prescribe the manner of disposition of the propeny. The equitable adjustment
shall not include increased costs or time extensions for delay resulting from the Subcontractor's
failure to provide notice or to continue performance as provided. respectively, in (b) and (c)
above.
G.5 COM FEDERAL CONTRACT OFFICER/SUBCONTRACT MANAGERffECHNICAL
REPRESENTATIVES
Notwithstanding any of the provisions of this subcontract. the CDM Federal CO shall be the only individual
authorized ~o amend or modify any of the terms of this subcontract. Except for changes, disputes. and
tennination, the Subcontract Manager shall represent the CDM Federal CO on a day-to-day basis. The CDM
Federal Project/Site Manager and his designated representative are responsible for guiding the onsite or, if
applicable, specific delivery order aspects of the project and for general surveillance of the work performed.
The CDM Federal Project/Site Manager is not authorized to make any commitments or any changes in this
subcontract, change the terms and conditions incorporated into this subcontract. or constitute a basis for any
increase in subcontract cost or extension of the subcontract period of performance.
00-003SO\V _PcrfSubDoc2/3280,07 I /0504 13
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Contract No.: 68-\\'5-0022
Subcontr.ict Effrcti\·c Date: Upon signawre ot' both pan its
DCN: 3281-049-PS-CONS-XXXXX
SUBCONTRACTOR AND CDM FEDERAL REPRESENTATIVES
I NAMEfflTLE/ADDRESS II
Name ________________ _
Title ________________ _
Address----------------
Telephone ______________ _
Facsimile ______________ _
Name _______ -'-----------
Title -----------------Address _______________ _
Telephone ______________ _
Facsimile _______________ _
Name ________________ _
Title ________________ _
Address _______________ _
Telephone ______________ _
Facsimile ______________ _
Name ________________ _
Title ________________ _
Address _______________ _
Telephone ______________ _
Facsimile
NAMEfflTLE/ADDRESS
Linda J. Brown, Ph.D.
Program Manager
COM Federal Programs Corporation
1526 Cole Boulevard, Suite 150
Golden, CO 8040 I
Telephone [phone] I
Facsimile [phone]
Richard L. Culver
Contract Officer
COM Federal Programs Corporation
1526 Cole Blvd.
Golden, CO 8040 I
Telephone [phone]
Facsimile [phone]
John Davis
Subcontract Manager
COM Federal Programs Corporation
1526 Cole Blvd
Golden, CO 80401
Telephone [phone], ext. 320
Facsimile [phone]
Jim Laforest
Project Manager
CDM Federal Programs Corporation
800 Oak Ridge Turnpike
Suite 500
Oak Ridge, TN 37830
Telephone [phone]
Facsimile [phone]
The prior named individuals may be changed by written notice of either party without formal modification of this subcontract.
00-00JSOW _Per!5ubDoc2/32H0-07110504 14
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Subcontract No.: 3230-071-XXX-CN
Pursuant to Contract No.: 68-W5-0022
DCN: 3281-049-PS-CONS-XXXXX
Subcontract Effccli\C Date: Upon signature ofbo1h panics
G.6 ASSIGNMENT OF SUBCONTRACT
Subcontractor shall not assign, sublet or transfer any i:-ights under or interest in this Subcontract (including. ·
but without limitation. moneys that may become due or moneys that are due) without the prior written
consent of COM Federal except to the extent that any assignment, subletting or transfer is mandated by law
or the effect of this limitation may be restricted by law.
G.7 CONSENT FOR LOWER TIER SUBCONTRACTORS AND CONSULTANTS
G.8
(a) The services of all lower tier subcontractors anticipated to be utilized in this Subcontract are subject
to the prior written consent of the CDM Federal Contract Officer.
(b) The services of a consultant or consultants anticipated to be utilized in this Subcontract are subject to
the consent of the COM Federal Contract Officer which is contingent upon Government Contracting
Officer consent. prior to such utilization. The Subcontractor agrees to, dete11T1ine whether any
consultant anticipated to be used in this Subcontract. and not already consented to by the CDM Federal
Contract Qfficer, has in effect, an agreement with any agency of the Federal government for similar
or like services. and. if so. to notify the CDM Federal Contract Officer.
DECONTAMINATION OF GOVERNMENT PROPERTY
In addition to the requirements of the FAR clause entitled "Government Property" in Section I of this
Subcontract, the Subcontractor shall certify in writing that any Government-furnished or CDM Federal-
furnished property provided by CDM Federal is returned to CDM Federal free from contamination by any
hazardous or toxic substances.
G.9 WAIVER
The failure of either party to insist on perfonnance of any provision of this Subcontract shall not be
construed as a waiver of that provision in any later instance.
G.10 CHOICE OF LAW
Irrespective of the place ofperfonnance, this Subcontract shall be construed and interpreted according to
the Federal common law of government contracts as enunciated and applied by Federal judicial bodies.
board of contract appeals, and quasi-judicial agencies of the Federal government. To the extent that the
Federal common law of government contracts is not dispositive: the laws of the Commonwealth of
Massachusetts shall apply.
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Subcontract No.: 3280-07!-XXX-CN
Pursuant to Contract No.: 68-\\'5-00n
Subcontract Effccti\ e Date: Upon si~namrc of both panics
G.11 PRIVITY OF CONTRACT
DCN: 3281-049-l'S-CONS-XXXXX
(a) The contractual relationship for this Subcontract is between CDM Federal and Subcontractor. There is no privity of contract betv.,een Subcontractor and the Government.
(b) All communications between Subcontractor and Government must be approved in advance by CDM
Federal's Contract Officer. In no event shall Subcontractor provide cost estimates or work products
directly to the Government or any other third party.
{c) Under no circumstances shall Subcontractor act upon directions given by a representative of the
Government without the specific written confirmation by the CDM Federal Contract Officer. All such
direction and technical liaison shall take place through CDM Federal. CDM Federal will not be liable
for costs of work performed by Subcontractor outside of these terms. If Subcontractor receives such direction from any representative of the Government. Subcontractor shall notify the COM Federal Contract Officer as soon as possible before taking any action based upon such direction,
G.12 INDEPENDENTCONTRACTOR
The Subcontractor acknowledges that it is an independent. professional contractor. This Subcontract shall not be construed to authorize the Subcontractor, or any of its employees or agents, to act as the employee
or agent ofCDM Federal for any purpose, including butnot limited to Federal, State, or local unemployment insurance law, old age benefits, or Social Security Law, Workman's Compensation Law, or under Internal
Revenue legislation, or any industrial law. This Subcontract shall not create a joint venture or other fonnal business organization of any kind between the Subcontractor and CDM Federal.
G, 13 DISPUTES
(a) The parties to this Subcontract acknowledge and understand that the Prime Contract includes the current version of the "Disputes" Clause as set forth in FAR 52.233-1 (the "Clause"), and further the
Prime Contract is subject to the Contract Disputes ACT of 1978 (41 USC Section 601-613) (the "Act").
(b) Both parties acknowledge and understand that all disputes arising under or relating to the Prime Contract involving a "Subcontract claim," as hereinafter defined. shall be resolved under the Clause and the Act except where they provide no remedy.
(c) "Subcontractor claim" as used in the Clause, means a wrinen demand or written assertion by one of
the subcontracting parties seeking, as a matter of right. the payment of money in a sum certain, the
adjustment or interpretation of Subcontract tenns, or other relief arising under or derived from the Prime Contract as a result of Government action or omission such that it would constitute a "claim"
under the Clause thereunder. A voucher, invoice. or other routine request for payment that is not in dispute when submined is not a "Subcontractor claim" hereunder. The submission may be converted
to a "Subcontractor claim" hereunder if it is disputed either as to liability or amount, or is not acted
upon in a reasonable time, by complying with the submission and certification requirements, to the extent applicable. of the Clause.
(d) Only if paragraphs (b) and (c) above provide no remedy, or ifa Subcontractor, without good cause, refuses to submit a claim for resolution under the Clause, disputes between the parties hereto shall be
detennined in accordance with other applicable law or contractual provisions contained in this
00-00JSOW _ PertSubDoc 2/3 !80-071, 0504 16
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Sl1bcontrac1 No.: 32S0-071-XXX-CN
Pursu;rnt to Con1rac1 No .. 68-\\'5-0022
Subcontrnct Effccli\"C Date: Upon signaiure of both panics
OCN: 3281-0.t?-PS-CONS-XXXXX
Subcontract without regard to. and indep~ndcnt of. any claims or disputes or entitlement thereunder
arising under the Clause or the Act. Failure of Subcontractor to furnish adequate and timely support
for said claim or failure to certify said claim \Vhen required shall constitute good cause for refusal to
submit said claim to the Government.
(e) (I) A Subcontractor claim. as hereinabove defined. shall be made in writing and submitted to the
COM Federal. COM Federal may forward such claim. if in its discretionary opinion. the claim
is well founded in fact and has been adequately supported by proper documentation. separately
or in combination \Vith its claims and those of other subcontractors, to the Government
Contracting Officer for final decision. In the event ofa claim by the Government against COM
FederaL which COM Federal contends should involve adjustments of this Subcontract. COM
Federal shall promptly give wrinen notice to the Subcontractor of any such claims by the
Government.
(2) COM Federal may submit to the Government any Subcontractor claim, as hereinabove defined,
in such form and subject to the requirements of the Clause and the Act. The COM Federal shall
certify such claim subminal to the extent required and in the form and manner required by the
Clause and the Act. To the extent that the Subcontractor claim itself exceeds $50.000. or to the
extent that the Subcontractor claim in combination \\/ith such other interrelated claims by other
subcontractors or COM Federal to the Government exceed $50,000 and COM Federal so
requests in writing, the Subcontractor shall submit with its claim a certification that:
(i) The claim is made in good faith;
(ii) The supporting data are accurate and complete to the best of the Subcontractor's
knowledge and belief: and
(iii) The amount accurately reflects the Subcontract adjustments for which the Subcontractor
believes the Government is liable.
(3) In the event that COM Federal is required to certify any claim to the Government under the
Clause and the Act. which includes as a component thereof any Subcontractor claim. as defined
above, the Subcontractor shall provide such infonnation. substantiation and assurances as
reasonably required by COM Federal including, but not limited to. adequate cost and pricing
data, in order to suppon such certification by COM Federal of the entire claim including the
Subcontractor's portion thereof. COM Federal reserves the right to refuse to submit a
Subcontractor claim it considers unsubstantiated or improperly certified by the Subcontractor.
(i) If the Subcontractor is an individual, the certification shall be executed by that individual.
(ii) If the Subcontractor is not an individual. the certification shall be executed by:
A. A senior company official in charge at the Subcontractor's Plant or locations
involved: or
B. An officer or general partner of the Subcontractor having overall responsibility for
the conduct of the Subcontractor's affairs.
00-003SOW_PertSubDoc2/3280-07ll0504 } 7
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Subcontra~t Nu.: 3280-071-XXX-CN
Pursuant to Contrac1 No.: 68-WS-0012
DCN: 3281-0--19-PS-CONS-XXXXX
Subcontract Effccti\"c Date: Upon signature of both panics
(f) Pending resolution of any such dispute by settlement or by final judgement. the parties shall proceed
diligently with pcrfonnance. Subcontractor's performance shall be in accordance with COM Federal's
written instructions.
G.14 MODIFICATION PROPOSALS -PRICE BREAKDOWN
(a) The Subcontractor, in connection with any proposal he makes for a subcontract modification or
change. shall furnish a price breakdown. itemized as required by the CO. Unless otherwise directed.
the breakdown shall be in sufficient detail to permit an analysis of all material. labor. equipment,
subcontract. and overhead costs. as well as profit. and shall cover all work involved in the
modification. whether such work was deleted. added, or changed. Any amount claimed for second-tier
Subcontractor shall be supported by a similar price breakdown.
(2) In addition. if the proposal includes a time extension. a justification thereof shall also be furnished.
The proposal. together with the price breakdown and time extension justification. shall be furnished
by the date specified by the CO.
SECTION H SPECIAL SUBCONTRACT REQUIREMENTS
H.l PRINTING
(a) Definitions.
"Printing" is the process of composition. plate making, presswork, binding, and micro form: or the end
items produced by such processes and equipment.
"Composition" applies to the setting of type by hot-metal casting, photo typesetting. or electronic
character generating devices for the purpose of producing camera copy, negatives. a plate or image to
be used in the production of printing or microform. ·
"Camera copy" (or "camera-ready copy") is a final document suitable for printing/duplication.
"Desktop Publishing" is a method of composition using computers with the final output or generation
of camera copy done by a laser printer. This is not considered "printing." However. if the output from
desktop publishing is being sent to a typesetting device (i.e., Linotronic) with camera copy being
produced in either paper or negative format. these services are considered "printing."
"Microform" is any product produced in a miniaturized image format, for mass or general distribution
and as a substitute for conventionally printed material. Microform services are classified as printing
services and includes microfiche and microfilm. The Subcontractor may make up to two sets of
micro form files for archival purposes at the end of the subcontract period of performance.
"Duplication" means the making of one-color (black) copies on photocop~' machines employing
electrostatic, thermal. or other processes without using an intermediary such as a negative or plate.
"Requirement" means an individual photocopying task. (There may be multiple requirements under
a Work Assignment or Delivery Order. Each requirement would be subject to the photocopying
00-003SOW _ PerfS ubDoc2/3280-0 71 /0504 18
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Subcontract No.: 3:!S0-0i l-XXX-CN
PurstJ<UH to Comrac1 No.: 68-W5-0022
DCN: 3281-049-PS-COSS-XXXXX
Subcontract Effccti\·c Date: Upon signamrc of both panics
(b)
(c)
(d)
limitation of 5.000 copies of one page or 25.000 copies of multiple pages in the aggregate per
requirement.)
Prohibition.
The Subcontractor shall not engage in, nor subcontract for. any printing or multi-color duplication in
connection with the perfonnance of work under this subcontract. Duplication of more than 5.000
copies of one page or more than 25.000 copies of multiple pages in the aggregate per requirement
constitutes printing.
Affirmative Requirements.
(I) Unless otherwise directed by the COM Federal Project Manager or CO, the Subcontractor shall
use double-sided copying to produce any progress report, draft repon or final repon.
(2) Unless otherwise directed by the COM Federal Project Manager or CO, the Subcontractor shall
use: recycled paper for reports delivered to the Agency which meet the minimum content
standards for paper and paper products as set forth in EPA Procurement Guidelines (40 CFR
250; June 22, 1988).
Permitted Subcontractor Activities.
(I)
(2)
The prohibitions contained in paragraph (b) do not preclude writing, editing, or preparing
manuscript copy, or preparing related illustrative material to a final document (camera-ready
copy) using desktop publishing.
The Subcontractor may perfonn a requirement involving the duplication of less than
5,000 copies of only one page, or less than 25,000 copies of multiple pages in the aggregate
using one color (black), such pages not exceeding the maximum image size of 10¾ x 14¼
inches. Duplication services below these thresholds are not considered printing. If perfonnance
of the subcontract will require duplication in excess of these limits, Subcontractors must
immediately notify the COM Federal Project Manager or CO in writing. COM Federal may
then seek a waiver from EPA.
(e) Violations.
The Subcontractor may not engage in. nor subcontract for. any prmtmg in connection with the
perfonnance of work under the subcontract. The cost of any printing services in violation of this
clause will be disallowed, or not accepted by the COM Federal.
(f) Flowdown Provision.
The Subcontractor shall include in each Lower-tier Subcontract which may involve a requirement for
any printing/duplicating/copying a provision substantially the same as this clause.
00-003 SO\\'_ PertSubDoc:?/3280-0711050-l 19
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Subcontract No.: .'::!80-071-XXX-CN
l'llrsuant to Contract No.: 68-\\'5-00n
Subcontract Effec1i\C Date: Upon Si!;n.iture of both panics
H.2 ORGANIZATIONAL CONFLICTS OF INTEREST
DCN: 3281-0~9-PS-CONS-XXXXX
(a) The Subcontractor warrants that. to the best of the Subcontractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. as
defined in FAR Subpart 9.5. or that the Subcontractor has disclosed all such relevant information.
(b) Prior to commencement of any work. the Subcontractor agrees to notify the CDM Federal CO immediately that, to the best of its knowledge and belief. no actual or potential conflict of interest
exists or to identify to the CDM Federal Project Manager or CO any actual or potential conflict of
interest the finn may have. In emergency situations. however, work may begin but notification shall be made within five (5) working days.
(c) The Subcontractor agrees that if an actual or potential organizational conflict of interest is identified during performance, the Subcontractor will immediately make a full disclosure in writing to EPA
through CDM Federal. This disclosure shall include a description of actions which the Subcontractor
has taken or proposes to take. after consultation with the COM Federal CO, to avoid, mitigate, or neutralize the actual or potential conflict of interest. The Subcontractor shall continue perfonnancc
until notified by the CDM Federal Project Manager or CO of any contrary action to be taken.
(d) Remedies -CDM Federal may tenninate this subcontract for convenience, in whole or in part. if it deems such termination necessary to avoid an organizational conflict of interest. If the 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 the CDM
Federal Project Manager or CO, CDM Federal may terminate the subcontract, or pursue such other remedies as may be pennitted by law or this subcontract.
(e) The Subcontractor agrees to insert in each Lower-tier Subcontract or consultant agreement placed
hereunder. except for Lower-tier 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 (e), unless otherwise
authorized by the CDM Federal Project Manager or CO.
H.3 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL
(a) In addition to the requirements of the subcontract clause entitled "Organizational Conflicts ofinterest."
the following provisions with regard to employee personnel performing under this subcontract shall
apply until the earlier of the following two dates: the termination date of the affected employec(s) or the expiration date of the subcontract.
(b) The Subcontractor agrees to notify immediately the CDM Federal Project Manager or CO of (I) any
actual or potential personal conflict of interest with regard to any of its employees working on or
having access to information regarding this subcontract. or (2) any such conflicts concerning Lower-
tier Subcontractor employees or consultants working on or having access to information regarding this
subcontract. when such conflicts have been reported to the Subcontractor. A personal conflict of
interest is defined as a relationship of an employee. Subcontractor employee, or consultant with an
entity that may ·impair the objectivity of the employee. Subcontractor employee, or consultant in
performing the subcontract work.
00-003SOW _Pcr!:5ubDocl/J280•071,050~ 20
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S11brnn1rac1 No.: 3280-071-XXX-CN
i'Lirsuant 10 Contract No.: 68-W5-0022
Stibcontract Effective Date: Upon signature ot' both parties
DCN': 3::!81-0.t9.J>S-CONS-XXXXX
(c) The Subcontractor agrees to notify the COM Federal Project Manager or CO prior to incurring costs
for that employee· s work when an employee may have a personal conflict of interest. In the event that the personal conflict of interest does not become known until after performance on the subcontract
begins. the Subcontractor shall immediately notify the COM Federal Project Manager or CO of the
personal conflict of interest. The Subcontractor shall continue perfonnance of this subcontract until
notified by the COM Federal Project Manager of the appropriate action to be taken,
(d) The Subcontractor agrees to insert in any Lower-tier Subcontract or consultant agreement placed
hereunder, except for Lower-tier 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 (d), unless otherwise
authorized by the COM Federal Project Manager or CO.
H.4 LIMITATION OF FUTURE CONTRACTING (RACS)
(a) The parties to this subcontract agree that the Subcontractor will be restricted in its future contracting
in the manrier described below. Except as specifically provided in this clause. the Subcontractor shall
be free to compete for contracts on an equal basis with other companies.
(b) The Subcontractor will be ineligible to enter into a contract for remedial action projects for which the Subcontractor has developed the statement of work or the solicitation package.
(c) The following applies when work is performed under this subcontract: Unless prior written approval is obtained from the cognizant EPA Contracting Officer through COM FederaL the Subcontractor,
during the life of the work assignment and for a period of five (5) years after the completion of the work assignment. agrees not to enter into a contract with or to represent any party, other than COM Federal or the EPA. with respect to: (I) any work relating to CERCLA activities which pertain to a site where the Subcontractor previously performed work for EPA under this subcontract: or (2) any work that may jeopardize CERCLA enforcement actions which pertain to a site where the
Subcontractor previously performed work for COM Federal under this subcontract.
(d) The Subcontractor agrees in advance that if any bids/proposals arc submitted for any work that would
require written approval of the Government prior to entering into a contract subject to the restrictions
of this clause, then the bids/proposals are submitted at the Subcontractor's own risk .. Therefore. no claim shall be made against COM Federal or the Government to recover bid/proposal costs as a direct cost whether the request for authorization to enter into the contract is denied or approved.
(e) To the extent that the work under this subcontract requires access to proprietary or confidential
business or financial data of other companies, and as long as such data remains proprietary or
confidential, the Subcontractor shall protect such data from unauthorized use and disclosure. ·
(f) The Subcontractor agrees to insert in each lower-tier subcontract or consultant agreement placed hereunder, except for Lower-tier subcontracts or consultant agreements for nondiscretionary technical
or engineering services. including treatabi\ity studies, well drilling. fence erecting, plumbing, utility
hookups, security guard services. or electrical services, provisions which shall confonn substantially
to the language of this clause. including this paragraph (f) unless otherwise authorized by the Government through COM Federal. The Subcontractor may request in writing that the Government
through COM Federal exempt from this clause a particular Lower-tier subcontract or consultant
agreement for nondiscretionary technical or engineering services not specifically listed above,
00-003 SOW_ PcrfSub Doc2/3280-07 l/0504 21
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Subcontr.ict No.: 3~30-071-XXX-CN
Pursuant 10 Cormac1 No.: 68-W5-0022
Subcontract Effccti\'C Date: Upon signmurc of both parties
DCN: 3281-0,19-PS-COSS-XXXXX
including laboratory analysis. The Government will review and evaluate each request on a
case-by-case basis before approving or disapproving the request.
(g) If the Subcontr~ctor seeks an expedited decision regarding its initial future contracting request. the
Subcontractor may submit its request to COM Federal who will request an expedited decision from the
Government.
(h) A reviev,r process available to the Subcontractor when an adverse determination is received. Either a
request for review or a request for reconsideration must be submitted to the appropriate level \Vithin
20 calendar days after receipt of the initial adverse determination. COM Federal will then request a
reconsideration from the Government's Contracting Officer.
H.5 SUBMISSION AND UPDATE OF CONFLICT OF INTEREST PLAN
lfrequired to submit a conflict of interest plan with its offer. the Subcontractor shall submit an annual report
of any changes to the conflict of interest plan submitted ,vith its offer. This update shall cover any changes
to the conflict of interest plan in the one-year period after the date of subcontract award, and all subsequent
reports of any changes shall cover successive annual periods thereafter. until expiration or tennination of
the subcontract. The report notifying the COM Federal Project Manager or CO of any changes to the
conflict of interest plan must be received by the COM Federal no later than 30 days after the close of the
annual period. If there have been no changes to the conflict of interest plan during the annual period, no
report notifying the COM Federal Project Manager or CO is required.
H.6 UTILIZATION OF RURAL AREA SMALL BUSINESS CONCERNS
(a) (1) "Rural area small business concern." as used in this clause. means 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.
(2) "Small business concern," as used in this clause. 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 121.
(b) It is the policy of the Environmental Protection Agency (EPA) that rural area small business concerns
shall have the maximum practicable opportunity to participate in perfonning contracts awarded by
EPA.
(c) The Subcontractor shall use its best efforts to give rural area small business concerns the opportunity
to participate in the Lower-tier Subcontracts it a,vards to the fullest extent consistent with efficient
performance of this subcontract.
(d) The Subcontractor shall incorporate the substance of this clause in any Lower-tier Subcontract that may
provide for additional subcontracting opportunities.
00-00JSOW _ Perf5 ubDoc2/3280-071, 050-1 22
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Contract No.: 6S-WS-0022
Subcontract Effccti\·c Date: Upon si !:mature ol both p,mics
DCN: J:!Sl-0~')-l'S-CONS-XXXXX
H.7 UTILIZATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
(a) It is the Policy of the Environmental Protection Agency that historically black colleges and universities
shall have the maximum practicable opportunity to participate in performing contracts awarded to by
the Agency.
(b) 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 the fullest extent consistent with
efficient performance of this subcontract.
(c) The Subcontractor shall incorporate the substance of this clause in any Lower-tier Subcontract which
may provide for additional subcontracting opportunities.
H.8 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT
(a) The Subcontractor recognizes that Subcontractor employees in performing this subcontract may have
access to: data. either provided by COM Federal or the Government or first generated during
subcontract performance. ofa sensitive nature which should not be released to the public without EPA
approval. Therefore. the Subcontractor agrees to obtain confidentiality agreements from all of its
employees \VOrking on requirements under this subcontract.
(b) Such agreements shall contain provisions which stipulate that each employee agrees that the employee
will not disclose. either in whole or in part. to any entity external to EPA, the Department of Justice.
or COM Federal. any information or data (as defined in FAR Section 27.401) provided by COM
Federal and the Government or first generated by the Subcontractor under this subcontract, any
site-specific cost information. or any enforcement strategy without first obtaining the written
permission of the COM Federal and the Government. If a Subcontractor. through an employee or
otherwise, is subpoenaed to testify or produce documents, which could result in such disclosure, the Subcontractor must provide immediate advance notification to COM Federal so that COM Federal can
notify the Government and can authorize such disclosure or have the opportunity to take action to
prevent such disclosure. Such agreements shall be effective for the life of the subcontract and for a
period of five (5) years after completion of the subcontract.
(c) COM Federal may terminate this subcontract for convenience, in whole or in part. if it deems such
termination necessary to prevent the unauthorized disclosure of information to outside entities. If such
a disclosure occurs without the written permission of the EPA and/or COM Federal, COM Federal may
terminate the subcontract. for default or convenience, or pursue other remedies as may be permitted
by law or this subcontract.
(d) The Subcontractor further agrees to insert in any Lower-tier Subcontract or consultant agreement
placed hereunder. except for Lower-tier 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 othenvise
authorized by COM Federal.
00·003SOW _PerfSubDoc21J280-07 li050.t
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S.uhcontract No,: 3280-071-XXX-CN
Pursu.int to Contr::ict No,; 68-\\'5-002:!
DCN: 3281-0.19-PS-CONS-XXXXX
Subcontrac1 Effccti\·e lJa1c: Upon signalurc olboth panics
H.9 STATE AND LOCAL TAXES
In accordance with FAR 29.303 and FAR 31.205-41, the Subcontractor or any Lower-tier Subcontractor
under this subcontract 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 clause.
suitably modified to identify the panies. in all subcontracts at any tier. The Subcontractor shall notify the
CDM Federal Project Manager or CO if problems arise in obtaining a State and local tax exemption. The
Subcontractor may seek a waiver by EPA through the COM Federal CO from this requirement if the
administrative burden of seeking an exemption appears to outweigh the potential savings to COM Federal
and the Government.
H.10 SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY
(a) Whenever collecting information under this subcontract, the Subcontractor agrees to comply with the
following requirements:
(I) If the Subcontractor collects information from public sources. such as books. repons. journals.
periodicals, public records. or other sources that arc available to the public without restriction,
the Subcontractor shall submit a list of these sources to the appropriate program office at the
time the information is initially submitted to COM Federal. The Subcontractor shall identify
the information according to source.
(2) If the Subcontractor collects information from a State or local Government or from a Federal
agency, the Subcontractor shall submit a list of these sources to the appropriate program office
at the time the information is initially submitted to COM Federal. The Subcontractor shall
identify the information according to source.
(3) If the Subcontractor collects information directly from a business or from a source that
represents a business or businesses. such as a trade association:
(i) Before asking for the information, the Subcontractor shall identify itself. explain that it
is performing subcontractual work for the Environmental Protection Agency. identify the
information that it is seeking to collect, explain what will be done with the information,
and give the following notice:
A. You may, if you desire. assert a business confidentiality claim covering part or all of
the information. If you do assen a claim, the information will be disclosed by COM
Federal and EPA only to the extent. and by means of the procedures. set fonh in
40 CFR Pan 2. Subpan B.
8. If no such claim is made at the time this information is received by the
Subcontractor. it may be made available to the public by COM Federal and the
Environmental Protection Agency without further notice to you.
C. The Subcontractor shall. in accordance with FAR Part 9. execute a \\Tinen agreement
regarding the limitations of the use of this information and forward a copy of the
agreeme~t to COM Federal who will then forward to the Government.
00-003SOW _PerfSubDoc213280•07110504 24
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Subcontract No.: 3~80-071-XXX-CN
Pursuant 10 Contract No.: 68-W5-0022
Subcontract Effccti\ c Date: Upon sign;iturc of both p,1rtics
DCN: 328l-0.J9-PS-COSS-XXXXX
(ii) Upon receiving the information. the Subcontractor shall make a written notation that the
notice set out above was given to the source, by whom, in what fonn. and on what date.
(iii) At the time the Subcontractor initially submits the information, the Subcontractor shall
submit a list of these sources. identify the information according to source. and indicate
whether the source made any confidentiality claim and the nature and extent of the claim.
(b) The Subcontractor shall keep all information collected from nonpublic sources confidential in
accordance with the clause in this subcontract entitled "Treatment of Confidential Business
Information" as if it had been furnished to the Subcontractor by COM Federal or the EPA.
(c) The Subcontractor agrees to obtain the written consent ofCDM Federal, after a written determination
has been obtained from the Government prior to entering into any Lower-tier subcontract that will
require the Subcontractor to collect information. The Subcontractor agrees to include this clause.
including this paragraph (c), and the clause entitled "Treatment of Confidential Business Infonnation"
in all Lower-tier Subcontracts awarded pursuant to this subcontract that require the Subcontractor to
collect information.
H.11 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION
(a) COM Federal. after a written determination by the Government, may disclose confidential business
information (CBI) to the Subcontractor necessary to carry out the work required under this subcontract.
The Subcontractor agrees to use the CBI only under the following conditions:
(I) The Subcontractor and Subcontractor's employees shall: (I) use the CBI only forthe purposes
of carrying out the work required by the subcontract; (2) not disclose the infonnation to anyone
other than properly cleared EPA employees without the prior written approval of COM Federal:
and (3) return the CBI to the COM Federal Project Manager or his/her designee, whenever the
information is no longer required by the Subcontractor for performance of the work required by
the subcontract, or upon completion of the subcontract.
(2) The Subcontractor shall obtain a written agreement to honor the above limitations from each of
the Subcontractor's employees who will have access to the information before the employee is
allowed access.
(3) The Subcontractor agrees that these subcontract conditions concerning the use and disclosure
of CBI are included for the benefit of, and shall be enforceable by, COM Federal, EPA and any
affected businesses having a proprietary interest in the information.
(4) The Subcontractor shall not use any CBI supplied by COM Federal or EPA or obtained during
performance hereunder to compete with any business to which the CBI relates.
(b) The Subcontractor agrees to obtain the written consent of COM Federal, prior to entering into any
lower-tier subcontract that will involve the disclosure of CBI by the Subcontractor to the lower-tier
Subcontractor(if approved in advance). The Subcontractor agrees to include this clause. including this
paragraph (b), in all Lower-tier subcontracts awarded pursuant to this subcontract that require the
furnishing of CBI to the lower-tier Subcontractor (if approved in advance).
00-003 SOW_ PcrfSubDoc 2/3280-0711050-1 25
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Stibcontract No.: 3280-071-XXX-CN
Pursuant to Contrnct :-lo.: 68-WS-0022
St1bcontract Effec1i\e Date: Upon si1,maturc of both panics
DCN: 3281-0.JCJ-PS-CONS-XXXXX
H.12 RELEASE OF SUBCONTRACTOR CONFIDENTIAL BUSINESS INFORMATION
(a) CDM Federal and/or the Environmental Protection Agency (EPA) may find it necessary to release
infonnation submitted by the Subcontractor. either in response to this solicitation or pursuant to the
provisions of this subcontract. to individuals not employed by CDM Federal or the EPA. Business
infonnation that is ordinarily entitled to confidential treatment under existing Agency regulations
(40 CFR Part 2) may be included in the infonnation released to these individuals. Accordingly. by
submission of this proposal or signature on this subcontract or other contracts. the Subcontractor
hereby consents to a limited release of its confidential business information (CBI).
(b) Possible circumstances where EPA may release the Subcontractor's CBI include, but are not limited I to. the following:
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(I) To EPA contractors tasked with assisting 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);
(2) To the U.S. Department of Justice (DOJ) and Subcontractors employed by DOJ for use in
advising the Agency and representing the Agency in proceedings for the recovery of Superfund
expenditures;
(3) To parties liable, or potentially liable, for costs under CERCLA Sec. I 07 (42 U.S.C. Sec. 9607),
et al. and their insurers (Potentially Responsible Parties) for purposes of facilitating settlement
of claims against such parties;
(4) To other EPA Subcontractors requiring access to infonnation 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.C. 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.);
(5) 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 pre-award and
post-award audit support and specialized technical support to the EP_A's technical evaluation
panels;
(6) To employees of grantees working at EPA under the Senior Environmental Enrollee (SEE)
Program:
(7) The Speaker of the House, President of the Senate. or Chairman or Committee or
Subcommittees;
(8) To entities such as the General Accounting Office. boards of contract appeals, and the Courts
in the resolution of solicitation or contract protests and disputes:
(9) To EPA contractor employees engaged in information systems analysis, development, operation.
and maintenance, including performing data processing and management functions for the EPA;
and
00-00 3SO\\' _ PertSubDoc ]..I 3 .!80-07110504 26
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Con1rac1 No.: 68-\\'5-0022
Subcontract Effective Date: Upon signature o{both panics
( 10) Pursuant to a court order or Court-supervised agreement.
DCN: 3281-0~9-i'S-CONS-XXXXX
(c) CDM Federal and the EPA recognizes an obligation to protect the Subcontractor from competitive
harm that may result from the release of such information to a competitor. (See also the clauses in this
document entitled "Screening Business Information for Claims of Confidentiality" and "Treatment of
Confidential Business Information.") EPA will permit the release of CBI only pursuant to a
confidentiality agreement executed by the individuals that will handle CBI. Known exceptions include
parties receiving CBI under subparagraphs (6), (7), (8), and (IO) above.
(d) With respect to Subcontractors. 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.
(e) This clause does not authorize the EPA to release the Subcontractor's CBI to the public pursuant to a
request filed under the Freedom of Information Act.
(t) The Subcontractor agrees to include this clause. including this paragraph (f). in all lower-tier
subcontracts at all levels awarded pursuant to this subcontract that require the furnishing of confidential
business information by the lower-tier Subcontractor (if approved in advance).
H.13 PUBLICITY
(a) The Subcontractor agrees to notify in writing and obtain the written approval of the CDM Federal CO
prior to releasing any information to the news media regarding the removal or remedial activities being
conducted under this subcontract.
(b) It is also agreed that the Subcontractor shall acknowledge EPA support whenever the work funded in
whole or in part by this subcontract is publicized in any news media.
H.14 PAPERWORK REDUCTION ACT
If it is established at award' or subsequen'tly becomes a contractual requirement to collect identical
information from ten ( I 0) or more public respondents. the Paperwork Reduction Act of 1980. 44 U.S.C.
3501 et seq. applies. In that event, the Subcontractor shall not take any action to solicit infonnation from
any of the public respondents until notified in writing by the CDM Federal CO that the required Office of
Management and Budget (0MB) final clearance was received.
H.15 FABRICATION OR ACQUISITION OF NONEXPENDABLE PROPERTY
The Subcontractor shall not fabricate nor acquire under this subcontract. either directly or indirectly through
a lower-tier subcontract. any item of nonexpendable property without written approval from the CDM
Federal CO.
H.16 RIGHTS OF WAY LAND EASEMENT
The Government shall obtain necessary rights of way, land easements. and any other land agreements
necessary to fulfill the requirements of this subcontract.
00-00JSO\\' _ PerfSubDoc 2/3 280-071 /0504 27
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Subcontract No.: 3280-071-XXX-CN
Pursuant 10 Contract No.: 68-\1/5-0022 DCS: 3::S1-0.t9-PS-CONS-XXXXX
Subcontract Effective Date: Upon signature of both panics
H.17 PUBLIC COMMUNICATION
The Subcontractor shall not represent itself as EPA to outside parties. To maintain public trust and to not
mislead the public. the Subcontractor shall. \Vhen communicating with outside panics. explain that it is a
COM Federal Subcontractor who is an EPA Contractor.
H.18 RETENTION AND AVAILABILITY OF SUBCONTRACTOR FILES
(a) This subcontract contains the Federal Acquisition Regulation Clause 52.214-26 "AUDIT AND
RECORDS-SEALED BIDDING (OCT 1995)" wherein the Subcontractor is required to maintain and
make available to the EPA Contracting Officer or representative of the EPA Contracting Officer (in
accordance with FAR Subpart 4. 7 "Contractor Records Retention") at its office at all reasonable times
the books, records, documents. and other evidence relating to this subcontract including personnel
utilization records. site records. and accounting procedures and practices sufficient to reflect properly
all costs claimed to have been incurred under this subcontract. Such files shall be made available for
examination, audit or reproduction.
(b) The Subcontractor is advised that the Government may file suit against potential responsible parties
for costs incurred relative to site-related cleanup activities. In such proceedings. the Subcontractor's
cost and performance records may become an integral part of the Governments· case.
(c) Accordingly, due to the extended nature of court proceedings and EPA audit requirements, the
Subcontractor shall make available to the Government. and only to the Government. all audit and
financial information relative to the work conducted under this subcontract as well as the information
required in the Audit Clause for a total of IO years after final payment under this negotiated
subcontract in lieu of the 3 year period stated in the clause "AUDIT-NEGOTIATION (APR 1984)"
[See FAR 4.703(b)(l)].
(d) In addition, the Subcontractor shall make available to the Government and only to the Government the
records relating to any appeals. litigation or the settlement of claims with third parties and which relate
to this subcontract (i.e., cost recovery) until such appeals, litigation. or claims are disposed of.
(e) The Subcontractor shall not destroy original records relating to the subcontract until:
(I) all litigation involving the records has been finally settled and approval is obtained from the
EPA and/or COM Federal: or
(2) Ten ( I 0) years have passed from the date of final payment and no litigation involving the
records has been instituted and approval of the EPA and/or COM Federal is obtained.
In no event should individual records be destroyed if litigation is in process or is pending related to
such records.
(t) From time to time, the Government may, in support of litigation cases. have the need for the
Subcontractor to research and make available such records in a form and manner not normally
maintained by the Subcontractor. Such effort shall be deemed to be within the scope of work under
this subcontract. If this effort is required after performance of this subcontract. a separate negotiated
procurement action may be instituted with the Subcontractor.
00-00350\\' _Perr.; uh Doc !/3280-07110504 28
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Subconm1c1 No.: nS0-071-XXX-CN
l'ursuam to Contract No.: 68-WS-002::!
Subcontract Effccti\·c Date: Upon si!,!llJturc of bo1h pa11ies
DCN: 32S1-0.J9-1'S-COSS-XXXXX
(g) The final invoice (completion voucher) submitted hereunder. after physical completion of the
subcontract within the stated period of performance, will represent the final claim under the
subcontract.
H.19 EXPERT TESTIMONY
From time to time. the Government may have the need for expert testimony during enforcement proceedings
for a given site where the Subcontractor provided services. In the event such services are required during
the term of this subcontract, such effort shall be considered within the scope of this subcontract. The
individual(s) selected to testify shall be fully knowledgeable of the details of the site under litigation. shall
be credible, and be an expert in their field. The testimony shall nonnally relate to what actions the
Subcontractor took at a site. In the event such services are required after performance of this subcontract.
a separate negotiated procurement action may be instituted with the Subcontractor.
H.20 FUTURE EXPERT CONSUL TING SERVICES
It is recognized that, subsequent to the performance period of this subcontract. 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 Subc<;>ntractor under this subcontract (including Lower-tier
Subcontract personnel) would have gained expertise as a resuJt of tasks performed under this subcontract.
Therefore, the 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 Subcontracts to ensure the
availability of Lower-tier Subcontract personnel. These intent agreements to provide such services in the
future serve as notices of intent only. Such services are not purchased hereby and will be obtained through
a separate contractual agreement.
H.21 NOTIFICATION TO SUBCONTRACTOR AND EMPLOYEES
(a) The Subcontractor shall ensure that the Lower-tier Subcontractor is aware of the labor standard
requirements and its responsibilities under these requirements.
(b) At time of award the Subcontractor shall furnish the Lower-tier Subcontractor the Department of Labor
Publication WH-1313, Notice to Employees Working on Government Contracts (obtainable from the
Contracting Officer through CDM Federal) for posting at a prominent and accessible place at the work
site before Subcontractor performance begins.
H.22 MINIMUM REQUIRED INSURANCE
(a) The Subcontractor shall procure and thereafter maintain during the entire period of performance under
this Subcontract the following insurance with a Best rated company or approved substitute:
( 1) Professional Liability -Not Applicable.
(2) Worker's Compensation and Employer's Liability. Comply with Federal and State workers's
compensation and occupational disease statutes. Employer's liability ofat least $500,000 per
occurrence.
00.003 SO\\'_ PertS ubDoc2/3 2so.011 /050.t 29
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St1hcomrac1 No.: 3230-071-XXX-CN
Pursuant to Contrac1 No.: 6S-W5-00n
Subcontrac1 Effrc!i\e Date: Upon signature of both panies
DCN: 3231-0.!9-/'S-CONS-XXXXX
(3) Comprehensive (General Liability) Insurance. including Contractual Liability. for bodily injury.
death or loss or damage to property to third persons of at least $5,000,000 per occurrence and
$5.000.000 in the aggregate. including, when site visitation is required. XCU (explosion.
collapse. and underground) hazard coverage and premises operations, independent Contractor.
products. completed operations. broad form contractual. personal injury with employee
exclusion deleted and broad form property damage coverages. The coverage limits. above. may
be met with a combination of General Liability Insurance and Excess Liability Insurance.
(4) Automobile Liability (Comprehensive). Bodily. Injury and Property Damage -At least
$200.000 per person and $1,000,000 per occurrence Bodily Injury and $500.000 per occurrence
Property Damage.
(5) Pollution Liability Insurance -Covering Sudden and Accidental Discharge of Hazardous
Materials in the amount of SS.000.000 per occurrence and $5.000,000 annual aggregate.
(6) If aircraft are used in the perfom,ance of this Subcontract then aircraft public and passenger
liability insurance in the amount of $5,000.000.
(7) When vessels are used in the perfom,ance of this Subcontract. vessel collision liability and
protection and indemnity liability insurance in such amounts as COM Federal may require or
approve.
(b) COM Federal Programs Corporation and the U.S. Government shall be named as additional insured
on the Subcontractor's comprehensive general insurance policy and the pollution liability insurance
policv.
(c) The insurance certificate shall be endorsed to include thirty (30) days prior written notice of
cancellation or material change of any coverage.
(d) Any insurance coverage that is written on a claims-made basis shall be maintained for at least two (2)
years following project completion.
(e) All insurance coverage provided pursuant to this Agreement shall be primary coverage.
(f) The Subcontractor shall insert the substance of this clause in lower-tier subcontracts under this
Subcontract. including paragraph (d).
H.23 QUALITY ASSURANCE (QA)/ QUALITY CONTROL (QC) REQUIREMENTS
(a) In addition to the requirements set forth in Attachment A and C of this subcontract, the Subcontractor
shall:
(I) Penn it COM Federal or responsible Government agencies to conduct onsite audits/inspections.
(2) Maintain documentation as required in the Statement of Work (SOW).
(3) Conduct internal QC review (specify) on work products prior to submittal to COM Federal.
00-00jSQW _ Pcrr.iubDoc2/3280.0711050-' 30
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Subcontract No.: 3280-071-XXX-C:,.."
J>urnia11110 Contract No.: 68-\\'5-0022
Subcontract Effccti\'c Date: Upon si~naturc of both panics
DC:-J: J281-049-PS-CONS-XXXXX
( 4) Notify COM Federal of quality problems and corrective action(s) taken.
(5) Identify a QA/QC Coordinator for work conducted at the site.
(6) Provide description of relevant training. experience. and/or education (e.g., resumes) of
individuals assigned to conduct work at the site.
(7) Describe available facilities and equipment to be used at the site.
(8) Provide. as applicable. any standard operating procedures (SOPs) and/or quality control
procedures that \Viii be used at the site.
(b) If the Subcontractor fails to promptly re-perform services as specified satisfactorily or to take the
necessary action to ensure future performance in conformity with subcontract requirements, COM
Federal may terminate the subcontract for default in accordance with FAR Clause 52.249-1 O Default
(Construction)-Apr. 1984 as modified by Clause 1.2.
H.24 PRIME CONTRACTOR DIRECTION, COMMUNICATIONS
(a) Under no circumstances shall the Subcontractor act upon directions given to it by representatives of
COM Federal's prime contract client. All such direction must take place through COM Federal. COM
Federal will not be liable for costs of work done by the Subcontractor outside of these terms. If the
Subcontractor receives such directions from a representative of COM Federal's client, it will notify
COM Federal as soon as possible before taking any action based upon those directions.
(b) These procedures confirm that the contractual relationship is between COM Federal and the
Subcontractor. There is no privity of contract between the Subcontractor and COM -Federal's client,
the EPA, or the Government.
(c) All communications between the Subcontractor and COM Federal"s client shall be approved in
advance by the COM Federal Project Manager. In no event shall the Subcontractor provide cost quotes
or estimates directly to COM Fedcral's client.
H.25 SUBCONTRACTOR INDEMNIFICATION OF CDM FEDERAL
(a) To the fullest extent permitted by law, the Subcontractor shall indemnify, hold harmless, and defend
COM Federal. the Government. and their consultants, officers. directors. employees and agents from
and against all claims. costs. losses, and damages (including but not limited to all fees and other
charges of engineers. architects. attorneys, and other professionals and all court and arbitration or other
dispute resolution costs) including any and all claims brought by the employees of the Subcontractor
caused by, arising out of. or resulting from the performance of the work under this subcontract,
provided that any such claim. cost, loss, or damage is: (I) attributable to bodily injury, sickness,
disease or death. or injury to. or the destruction of. tangible property including loss of use resulting
therefrom; or. (2) is caused in whole or in part by any act or omission of the Subcontractor. lower-tier
Subcontractor. any supplier, any person or organization directly or indirectly employed by any of them
to perfonn the work described in this subcontract or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by the negligence or omission of a person or entity
indemnified hereunder (except for the sole negligence of a person or entity indemnified hereunder) or
00-003 SOW_ PcrfSubDoc2/3 280-0711 050-i 31
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S11hrnntrnct No.: )280-071-XXX-CN
Pursuant to Contract No.: 68-\1/5-0022
Subcontract Effective Date: Upon signature of both panics
DCN: 32S!-0.J9-l'S-CONS-XXXXX
whether liability is imposed upon such indemnified party by laws or regulations regardless of the
negligence of any such person or entity.
(b) The Subcontractor hereby covenants and agrees to indemnify, save harmless and defend CDM Federal
and the Government from any and all claims, costs. losses. damages. or suits arising from the
following:
(I) Infringements of patents or copyrights or violation of patents or copyrights.
(2) Any cost or pricing data furnished or required to be furnished by the Subcontractor or its lower-
tier Subcontractors which is not complete, accurate. or current.
(3) A violation by the Subcontractor of any applicable law. rule, or regulation.
(4) Any penalty or fine incurred by or assessed against CDM Federal that is attributable to the
actions of the Subcontractor. its employees, agents. suppliers. or its lower-tier Subcontractors.
(5) Any failure on the pan of Subcontractor to follow health or safety procedures applicable to the
site and specified by either COM Federal or any other entity authorized to specify such
procedures or any failure to follow recognized industry standards.
(6) Any finding involving Subcontractor's area of responsibility pursuant to the clause relating to
price reduction for defective cost or pricing data.
(7) Any finding that.Subcontractor had violated the clause requiring price or fee adjustment for
illegal or improper activity (FAR 52,203-10) (Sep 1990),
(8) Any_ failure on the pan of the Subcontractor to comply with the provisions of FAR 52.203-3,
COST ACCOUNTING STANDARDS, or FAR 52.230-4, ADMINISTRATION OF COST
ACCOUNTING STANDARDS, if applicable to this subcontract,
(9) Any failure on the part of Subcontractor to provide any certification or supporting infonnation
required hereunder or under applicable laws or regulations.
( I 0) The provision by the Subcontractor of any false or erroneous certification or supporting
information required hereunder or under applicable laws or regulations.
(c) The indemnification stated in paragraphs (a) and (b) above shall be enforced to the maximum extent
permitted by applicable law, The parties waive the protection of applicable Worker's Compensation
Acts. to the extent pennined or required by applicable law. The indemnifications provided in this
subcontract shall extend to the indemnitee, its affiliated companies and their officers. directors.
employees, and shareholders, This indemnification shall extend to claims raised by the Subcontractor's
employees and those of its lower-tier Subcontractors. This indemnification obligation 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 lower-tier Subcontractor under \Vorker's Compensation
statutes.
00-003SO\\' _ PerfSubDoc 2/3 280-071/0504
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Subcontract No.: 3280-071-XXX-CN
Pursuant 10 Con1rac1 No.: 68-W5-0022
Subcontract Effccti\·c Date: Upon signature ofbmh p:utics
DCN: 3281-049-PS-COSS-XXXXX
(d) In the event that it is necessary to enforce the indemnity obligation herein, the losing pany in any such
enforcement action shall pay the prevailing party's court costs and attorney's fees.
H.26 PERMITS AND LICENSES
The Subcontractor shall assure that any work undertaken by its employees, agents. or lower-tier
Subcontractors that requires permits. licenses. or certification. is to be conducted by licensed. permitted. or
certified personnel or by those having approval or authorization in writing from the controlling regulatory
agency.
H.27 PRIVITY OF CONTRACT
As a prime contractor to the EPA, COM Federal is held responsible by the EPA for overall contract
performance including work conducted by Subcontractors. The Subcontractor has no privity of contract with
the EPA or the government and agrees to accept no technical direction or contractual direction. including
changes that would affect the scope of work. period Of performance, deliverables, or cost of this subcontract
which are not set forth in writing by COM Federal. The Subcontractor will be held strictly responsible by
COM Federal only for faithful performance of the effort described in or assigned under this subcontract.
The Subcontractor will not be held responsible for actions by other Subcontractors or COM Federal.
H.28 INDEPENDENT CONTRACTOR
The Subcontractor acknowledges that it is an independent Contractor(Subcontractor). This subcontract shall
not be construed to authorize the Subcontractor. or any of its employees or agents, to act as the employer
or agent ofCDM Federal for any purpose, including but not limited to, Federal, State or local unemployment
insurance law, old age benefits or Social Security La\',', Worker's Compensation Law or under Internal
Revenue legislation or any industrial law. This subcontract shall not create a joint venture or other fonnal
business organization of any kind between the Subcontractor and COM Federal.
H.29 ADVERTISING AND PUBLICITY
The Subcontractor shall not. without written consent of the COM Federal CO, publish the fact that the
Subcontractor has entered into this agreement with CDM Federal Programs Corporation. or release any
information relative thereto. The Subcontractor shall not use the name of COM Federal Programs
Corporation or its parent organization. Camp Dresser & McKee Inc., or affiliates in any advenising or
promotional literature without COM Federal Programs Corporation written consent.
H.30 HEALTH AND SAFETY
(a) WORK ON SUBCONTRACTOR PREMISES
(I) If work assignments or portions of work assignments carried out under subcontract to COM
Federal are to be performed wholly on the premises of the Subcontractor, COM Federal requires
that the Subcontractor comply with the following:
(i) All applicable OSHA standards
(ii) Other federal, state, and local ordinances. statutes, and regulations,
00-003SOW _PerfSubDoc2/3280-07 l/050,; 33
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Subconiract No.: :<:::S0-071-XXX-CN
Pursuant to Contract No.: 6S-W5-0022
Subcontract Effecti\c Date: Upon signature ofhoth parties
(iii) Safety practices standard in Subcontractor's industry
(iv) Client requirements.
(b) WORK ON FACILITY OR SITE PREMISES
!KN: 3281-0-l9-l'S-CONS-XXXXX
(I) If v.,·ork assignments or portions of work assignments carried out under subcontract to CDM
Federal are performed on government or contractor premises that arc not classed as hazardous
waste sites, the Subcontractor and its employees will comply with the following:
(i) All applicable OSHA standards
(ii) Other federal. state, and local ordinances. statues. and regulations
(iii) Safety practices standard in Subcontractor's industry
(iv) Safety procedures followed by the facility owner or operator including U.S. Army
Engineers Safety and Health Requirements Manual. EM 385-1, October 1992.
(2) These requirements are.not intended to cover Subcontractor's responsibilities for compliance
with OSHA General Industry and Construction Industry Standards.
(c) WORK ON HAZARDOUS WASTE SITES OR HAZARDOUS WASTE OPERATIONS
(I) The following protocols are intended to address OSHA 29 CFR 1910.120 regulations.
(2) The work to be carried out under these protocols is on ~r adjacent to a hazardous waste site or
operation. Hazardous materials are or may be present in the air, on the surface or subsurface.
These materials may require the use of protective clothing and respiratory protective equipment
to minimize chemical exposure. The Subcontractor and his employees shall implement and
maintain all appropriate procedures as they apply to Subcontractor's work prior to, during and
after perfonnance of the work. Subcontractor is responsible for ascertaining the level of
protection for each task and assuring that its employees and its Subcontractor employees are
properly equipped.
(3) Subcontractor personnel must have the training and medical approvals required by the 29 CFR
19 I 0.120 regulation. The Subcontractor and his employees shall implement and maintain all
appropriate procedures at least as strict as these as they apply to Subcontractor's work prior to.
during and after performance of the work, unless exempted as in H.35(b), below.
(4) Subcontractor personnel must have the training and medical approvals required by the OSHA
Hazardous Waste Operations standard and described in Section H.37. Subcontractormustcertify
that the personnel meet these guidelines.
(5) All personnel either in or adjacent to the work zone shall wear the appropriate protective
equipment.
00-003S0\\' _ PerfSubDoc !' 3 280-0711050-i 34
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Subcomrnct No.: 3280-071-XXX-CS
Pursuant to Comract No.: 68-WS-0022
DCN: 3281-049-PS-CONS-XXXXX
Subcontract Effective Da1c: Upon signature of both panics
H.31 HEALTH AND SAFETY PLAN -WORK ON HAZARDOUS WASTE SITES OR
HAZARDOUS WASTE OPERATIONS
(a) SUBCONTRACTOR HEALTH AND SAFETY PLANS
(b)
(I) The Subcontractor shall develop and implement its own Health and Safety Plan. If CDM
Federal is required to develop a site Health and Safety Plan (HASP). a copy will be supplied to
the Subcontractor. This HASP may be used as a guide to outline the minimum requirements of
the Subcontractor's HASP, but CDM Federal does not represent or warrant that its HASP is an
adequate or complete guide for the Subcontractor's work and the Subcontractor remains fully
responsible for the adequacy and completeness of its own HASP. If the Subcontractor's work
is essentially the same as that described in the HASP, the Subcontractor may elect, with the
written concurrence of the COM Federal Health and Safety Manager. to utilize the provisions
of the CDM Federal HASP in its entirety. When this is permitted. all Subcontractor employees
involved with the work will be required to read and understand the contents of the HASP and
sign the acknowledgment form contained in the HASP. Prior to work on hazardous sites, the
Subcontractor is fully responsible for the implementation and maintenance of the requirements
of the HASP. Subcontractor's HASP shall be consistent with the following requirements:
(i) OSHA Safetv and Health Standards 29 CFR 1910 (General lndustrv). U.S. Department
of Labor, Occupational Safety and Health Administration. Hereatier, referred as "29 CFR
1910."
(ii) OSHA 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response. U.S.
Department of Labor, Occupational Safety and Health Administration.
(iii) OSHA Safetv and Health Standards 29 CFR 1926 (Construction lndustrv). U.S.
Department of Labor, Occupational Safety and Health Administration.
(iv) Standard Operating Safetv Guidelines. USEPA Office of Emergency and Remedial
Response Publication 9285.1-03. Hereafter referred to as "EPA Guidelines."
(v) Occupational Safetv and Health Guidance Manual for Hazardous Waste Site Activities.
U.S. Department of Health and Human Services, Public Health Service, Centers for
Disease Control, National Institute for Occupational Safety and Health.
(vi) Client Health and Safety Requirements.
ADOPTION OF HEAL TH AND SAFETY PLAN
(I) If the Subcontractor adopts CDM Federal's Plan, the Subcontractor shall acknowledge this with
the signature of a designated representative on a letter accepting the plan. The letter will be
provided prior to commencing work activities. (CDM Federal does not warrant that the CDM
Federal Plan will be sufficient for Subcontractor's work. Subcontractor must make an
independent determination of the applicability of the CDM Federal Plan to the Subcontractor's
work and must comply with all applicable statues. regulations and codes.)
00-003SOW _ PcrfS ub0oc2/3280-07 I /050-l 35
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Subcontract No.: 32S0-071-XXX-CN
l'ur~11an1 lo Contract No.: 68-\1/5-0022
Subcontract Effccti\'C Date: Upon signature of both panic:s
DCN: 3:::s1-0~9-PS-co:-.·s-xxxxx
(2) If the Subcontractor adopts the COM Federal Plan. this plan becomes the responsibility of the
Subcontractor to implement as it pertains to Subcontractor's work. The Subcontractor assumes
all liabilities from such adoption and implementation.
(3) If a Subcontractor develops a safety and health plan. Subcontractor shall provide it to COM
Federal for review within five (5) days after award of this Subcontract. or at least five (5) days
prior to commencement of operations at the job site. whichever occurs last. Subcontractor shall
certify in writing its intention to adopt the COM Federal Plan prior to commencement of
operating at the job site.
(4) The Subcontractor assumes all liabilities associated with the implementation of the Plan.
(c) CONTENTS OF SUBCONTRACTOR HASPS
(I) The Subcontractor's HASP shall include. but not necessarily be limited to. the following
components, as appropriate:
(i) Characterization and Analysis
(ii) Safe Work Practices
(iii) Engineering Safeguards
(iv) Medical Surveillance
(v) Environmental and Personal Monitoring
(vi) Personal Protective Equipment
(vii) Training
(viii) Standard Operating Procedures
(ix) Control and Decontamination
(x) Emergency and Contingency Planning
(xi) Logs and Reports
(xii) Hazard Communication Program
(xiii) Material Handling
(xiv) Sanitation
(xv) Excavation
(d) MODIFICATIONS TO HEALTH AND SAFETY PLANS
(I) Should the Subcontractor seek relief from, or substitution for, any portion or provision of the
Subcontractor's HASP. such reliefor substitution shall be requested ofCDM Federal in writing.
The requested modification will not be implemented until authorized by COM Federal unless
necessary to prevent imminent danger to life, property or the environment.
(2) Subcontractor shall quickly notify COM Federal, both verbally and in writing, of any unforeseen
hazard, safety related factor. or condition they observe during the work at the site. In the
interim. Subcontractor shall take prompt action to establish and maintain safe working
conditions and to safeguard employees. the public. and the environment in accordance with the
HASP.
00-003.SOW _ Per!.S ubDocl/3180-07 ! /0504 36
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Subcontract No,: 3280-071-XXX-CN
Pursuant to Contract No.: 68-W5-0022
Subcomraci Effccti\C Date: Upon signa1urc of both panics
!KN: >281-0..19-PS-co:-.·s-xxxxx
(3) Should COM Federal modify any portion or provision of COM Federa\'s Plan. COM Federal
will notify the Subcontractor in writing of such modifications.
(e) ENFORCEABILITY
(\) If the Subcontractor does not fulfill these requirements. the Subcontract may be suspended
and/or terminated in accordance with the applicable default termination, the Subcontractor will
not be deemed eligible for standby time or other compensation for down time during such
periods. Failure to comply with these requirements, when failure impacts the performance
schedule of the prime contract. may subject the Subcontractor to claims for incidental or
consequential damages.
(2) Any disregard for the provisions of these Health and Safety requirements shall be deemed just
and sufficient cause for termination of this Subcontract.
H.32 MEDICAL SURVEILLANCE
(a) PHYSICIAN'S CERTIFICATION
The Subcontractor shall utilize the services of a physician to provide medical surveillance as required
by OSHA regulations. The physician's certification of each Subcontractor staff member involved in
performance of work under this Subcontract shall be on file in Subcontractor's office and available
upon request by COM Federal prior to Subcontractor commencing work. The certificate must bear
the name of the employee and the signature of the physician. The physician must certify that each
individual is medically qualified to use respiratory protective devices for the assigned work and is fit
to perform the assigned work.
(b) MEDICAL SURVEILLANCE PROTOCOL
Medical surveillance protocol for Subcontractor's employees is the responsibility of the
Subcontractor's physician. However. certification shall be provided that such medical surveillance
meets the requirements of OSHA Standards 29 CFR 1910.120 for all personnel.
(c) FREQUENCY OF EXAMINATION
(I) Medical examinations must be provided in the following conditions:
(i) More than a year has passed since the employee's last examination.
(ii) The employee is returning to work from a lost time or other short term disability/situation
or has reason to suspect that an acute exposure to a toxic or hazardous material has
occurred.
(iii) The examining physician requests it.
(iv) The employee leaves the company or transfers to a position which would not require
potential exposure to hazardous waste.
00-00JSO\\' _ PerfSubDoc ':.13 280-07 ! 10504 37
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Subconiract No.: 3:!S0-071-XXX-CN
Pursuant to Con1rac1 No.: 6S-WS-0022
IJCN: 3281-049-l'S-CONS-XXXXX
Subcormact Effectiw Date: Upon signature of both parties
H.33 HEAL TH AND SAFETY TRAINING
(a) BASIC HEAL TH AND SAFETY TRAINING
(I) The Subcontractor shall submit a statement indicating that personnel entering the work zone
understand they are working on a hazardous waste site/operation and are trained and qualified
in compliance with 29 CFR I 9 I 0.120. In addition. all Subcontractor personnel shall be
adequately trained for the work to which they are assigned.
(2) Subcontractor's personnel must have completed the training requirements specified in the
OSHA regulations.
(b) SITE-SPECIFIC TRAINING
A site-specific training session for Subcontractor personnel scheduled to work onsite shall be
conducted by the Subcontractor prior to any work onsite.
H.34 HEALTH AND SAFETY EQUIPMENT
(a)
(b)
PROVISION OF SAFETY EQUIPMENT
Subcontractor shall supply all protective clothing and equipment necessary for their personnel and
maintained in accordance with the manufacturer's specifications. All equipment shall be MSHA/
NIOSH approved. if applicable.
ONSITE EQUIPMENT USE
(I) Subcontractor's personnel shall not enter an area to perform a task for which a respirator might
be required unless they are in compliance with 29 CFR 1910.134, Respiratory Protection. All
onsite personnel shall wear a hard-hat where required by the client, OSHA. state or local
regulations.
(2) All prescription eyeglasses worn on site shall be safety glasses. Subcontractor shall provide
prescription lens inserts for employees who need to wear full face respirators. Contract lenses
are prohibited inside respirators.
(3) All personal protective equipment worn onsite will be decontaminated and/or properly disposed
ofat the end of the work day.
(4) All safety clothing, including work clothing and safety boots, which has entered the work zone
shall be properly decontaminated and/or disposed of.
H.35 PERSONAL HYGIENE
(a) Subcontractor personnel shall observe the following contamination control rules while onsite.
00-003 SOW_ PerfSubDoc2/3 280-071105().i 38
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St1bcon1ract No.: 3280-071-XXX-CN
Pursuant to Con1rac1 No,: 68-WS-002::'.
Subcontract Effective Da1c: Upon signature oiboth panics
DCN: 3~8!-0-19-PS-CONS-XXXXX
(I) Eating, drinking. smoking, chewing gum or tobacco. and other practices that increase the
probability of hand-to-mouth transfer and ingestion of material is prohibited in any area
designated as a contam inatcd area.
(2) Hands and face shall be thoroughly washed upon leaving the work area and before eating.
drinking, smoking~ etc.
(3) Whenever decontamination procedures for protective clothing are in effect. the entire body shall
be thoroughly washed as soon as possible after the protective clothing is removed.
( 4) No facial hair which interferes with a satisfactory fit ofa respirator mask-to-face-seal is allowed
on personnel required to wear respiratory protective equipment.
(5) The use of prescription drugs is prohibited unless documentation from the prescribing physician
stating that the drugs will not interfere with the employee's ability to work is provided.
(6) Al~oholic beverages are prohibited and employees appearing to be under the influence of
alcohol or illegal drugs will not be allowed site access. or will be removed from the site.
H.36 SITE HEALTH AND SAFETY CONTROL
(a) SITE HEAL TH AND SAFETY COORDINATOR (SHSC)
COM Federal's Site Health and Safety Coordinator (SHSC) is responsible to ensure that the COM
Federal HASP is implemented and followed by COM Federal employees. The SHSC may also provide
periodic observation of the Subcontractor activities for compliance with the Subcontractor's HASP.
The periodic observation by SHSC shall not relieve Subcontractor of its sole responsibility to comply
with all applicable statutes. regulations and codes and it is the Subcontractor not the SHSC who is
solely responsible for the compliance of its employees.
(b) AIR MONITORING
Air monitoring for pollutants of concern may be performed by CDM Federal or others, unless
specifically assigned to the Subcontractor. Photoionization detectors. organic vapor analyzers. and
additional appropriate equipment may be used to measure and assess chemical exposure. Results will
be provided to the Subcontractor.
(c) ACCIDENT REPORTING
The Subcontractor will inform the COM Federal SHSC. COM Federal Health and Safety Manager of
the CDM Federal Project Manager as soon as possible, of any accidents. injuries, illnesses, or
environmental releases associated with this Subcontract.
H.37 PERFORMANCE AND PAYMENT BONDS
(a) Prior to award. the Subcontractor shall furnish Performance and Payment Bonds in accordance with
Attachment D. each in an amount at least equal to the total of the subcontract lump sum price as
00-003.SOW _ PerfSubDoc2/3::!80-071/050-I 39
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Contract No.: 68-WS-0022
Subcontrnct Effoctivc Date: Upon signature of both parties
DCN: J281-0~9-PS-CONS-XXXXX
security for the faithful performance and payment of all Subcontractors obligations under the
subcontract documents. The Bonds shall remain in effect until one year after final payment becomes
due. except as otherwise provided 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 the Federal Register by the U. S. Treasury Department. All bonds signed by an agent
must be accompanied by a certified copy of the authority to act.
(b) If the surety or any bond furnished by Subcontractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in the state or states where any part of the Project is located or it
ceases to meet the requirements of this Paragraph H.41, Subcontractor shall within 5 calendar days
substitute another bond and surety. both which must be acceptable to _Contractor (COM Federal).
H.38 WAGE RATES
Notwithstanding any other provision of this subcontract. the minimum wage payment shall be as specified
by the applicable Davis-Bacon Act wage determination rate. A Wage Detennination is hereby incorporated
in this subcontract as Attachment E. This determination shall apply from the date of award and to any lower-
tier subcontracts.
(End of Section)
00-003SOW _ PerfSub Doc2/3280-07110504 40
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Subcontract No.: ~2S0-071-XXX-CN
Pursuant 10 Contrnct No.: U8-W5-0022
DCN: 1281-0.t9-l'S-CO'.'S\XXXX
Subcontr;ict Effccti\'c Date: Upon sign.nurc oiboth parties
PART II: SUBCONTRACT CLAUSES
SECTION I SUBCONTRACT CLAUSES
I. I
1.2
GENERAL RULES OF CONSTRUCTION
(a) This Subcontract incorporates the Federal Acquisition Regulation (FAR) clauses listed in the following
article and elsewhere herein by reference. The text of each clause shall be deemed to be modified with
respect to the identification of parties as provided in paragraphs (b) and (c) below. These clauses have
the same force and effect as if they were given in full text. Copies of the FAR can be obtained from
the Superintendent of Documents, U.S. Government Printing Office, Washington. D.C. 20402
(reference Title 48 Code of Federal Regulations. Chapter I) or via the Internet site at
http://www.arnet.gov/ (reference comer).
(b) Unless one of the exceptions provided in paragraph (c) below shall apply, the term "Contract" shall
mean "Subcontract": the tenn "Contractor" shall mean "Subcontractor": the term "Government" shall
mean "COM Federal"; and the term "Contracting Officer" shall mean the "COM Federal Contract
Officer."
(c) The following instances are exceptions to the general rules of construction as provided in
paragraph (b):
(I) Where it is clear. by the context of the provision itself or the conditions under which it is being
applied, that the reference is intended to refer to the Government, its officers or agents, or the
prime contractor specifically;
(2) Where an explicit provision of this Subcontract states a contrary intent;
(3) Where access to proprietary financial information or other proprietary data is required: or
(4) Where interpretation in accordance with the rules stated above would place the prime contractor
in a position of violating the equivalent or related provisions of the prime contract whereas
construction of the terms without modification would not.
(d) References in any provision incorporated by reference herein to the "Disputes" clause shall be
construed as references to the "Disputes" clause contained in Section G of this Subcontract. No
provision herein shall be taken to imply any direct access on the part of the Subcontractor to the
disputes process as defined in the terms of the prime contract.
BID GUARANTEE
(a) Each bid must be accompanied by cash. Bid Bond (see Attachment B), or a certified check on. or a
treasurer's or cashier's check issued by, a responsible bank or trust company, payable to Contractor
CDM Federal Programs Corporation (CDM Federal). The Bid Security shall be in the amount of I 0%
of the total estimated amount bid including lump sum and fixed unit price ceiling. All Bid Securities
except that of the three lowest responsible and eligible Bidders will be returned within five days.
Saturdays, Sundays, and legal holidays excluded. after opening of the Bids. All Bid Securities will be
00-003 SO\\·_ Perts ubDo~2/3 280-071 /0504 41
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Suhcomract No.: 3::!S0-071-XXX-C~
Pu1suam to Contract No.: 68-WS-OOn
DCN: 3281-049-PS-CONS-XXXXX
Subcontract Effccti\'c Date: Upon signature of both panics
1.3
1.4
returned on the execution of the Agreement or if no a\vard is made~ within thirty days after the actual
date of opening thereof. unless forfeited under the conditions herein stipulated.
(b) In case a party to whom a subcontract is awarded shall fail or neglect to execute the Agreement and
furnish the satisfactory bonds within the time specified. Contractor (CDM Federal) may determine that
the Bidder has abandoned the subcontract. and thereupon the Bid Forms and acceptance shall be null
and void. and the Bid Security accompanying the Bid Form shall be forfeited to Contractor (CDM
Federal) as liquidated damages for such failure or neglect and to indemnify said Contractor (CDM
Federal) for loss which may be sustained by failure of the Bidderto execute the Agreement and furnish
the bonds as aforesaid. provided that the amount forfeited to Contractor (CDM Federal) shall not
exceed difference between the Bid Price of said Bidder and that of the next lowest responsible and
eligible bidder and provided further that. in case of death. disability. or other unforeseen circumstances
affecting the Bidder. such Bid Security may be returned to him. After execution of the Agreement and
acceptance of the bonds by Contractor (CDM Federal) the Bid Security accompanying the Bid Form
of the Successful Bidder will be returned.
ADDITIONAL BOND SECURITY
The Subcontractor shall promptly furnish additional security required to protect the contractor and persons
supplying labor or materials under this contract if:
• Any surety upon any bond furnished with this subcontract becomes unacceptable to the Contractor;
• Any surety fails to furnish reports on its financial condition as required by the Contractor; or
• The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion
of the Contracting Officer.
WARRANTY OF SERVICES
(a) DEFINITIONS. "Acceptance," as used in this clause. means the act of an authorized representative
ofCDM Federal by which CDM Federal accepts existing and identified material or approved specific
services. as partial or complete performance of the subcontract. "Correction," as used in this clause.
means elimination of a defect.
(b) Not withstanding inspection and acceptance by COM Federal of any provision concerning the
conclusiveness thereof, the Subcontractor warrants for a one ( 1) year period beginning with
Subcontract completion. that all services performed under this subcontract will, at the time of
acceptance. be free from defects in workmanship and conform to the requirements of this subcontract.
The COM Federal Contract Officer shall give \Vrinen notice of any defect or nonconfomrnnce to the
Subcontractor.
(c) If the Subcontractor is required to correct or perform it shall be at no cost to CDM Federal. and any
services corrected or reperformed by the Subcontractor shall be subject to this clause to the same extent
as work initially performed. If the Subcontractor fails or refuses to correct or reperform, the CDM
Federal Contract Officer may, by contract or otherwise. correct or replace with similar services and
charge to the Subcontractor the cost occasioned to CDM Federal thereby.
00-003 SO\\'_ PertS ubDoc2/3 2&0-07110504 42
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Subcontract No.: 3280-071-XXX-C~
Pursuant to Contract Nu.: 68-WS-0012
Subcoruract Effective Date: Upon signature of both parties
1.5 FAR CLAUSES
(a)
TITLE OF CLAUSE
The Following Clauses Apply to All Subcontracts:
Notice to the Government of Labor Disputes
Prohibition of Segregated Facilities
Equal Opponun ity
Hazardous Material Identification and Material Safety Data
Drug-free Workplace (Note: Only If Awarded to an Individual)
Authorization and Consent
Rights in Data-General
Additional Data Requirements
Prompt Payment
Protection of Government Buildings. Equipment and Vegetation
Notification of Changes
Subcontracts for Commercial Items and Commercial Components
(b) The Following Clauses Apply to Subcontracts Exceeding $2,500:
(c)
(d)
Convict Labor
Restrictions on Certain Foreign Purchases
The Following Clauses Apply to Subcontracts Exceeding $10,000:
Affinnative Action for Disabled and Veterans of the Vietnam
Era Veterans
Affinnativc Action for Workers with Disabilities
Employment Repons on Disabled Veterans and Veterans
of the Vietnam Era
The Following Clauses Apply to Subcontracts Exceeding $100,000:
Gratuities
Covenant Against Contingent Fees
Restrictions on Subcontractor Sales to the Government
Anti-kickback Procedures
Cancellation, Rescission. and Recovery of Funds for
Illegal or Improper Activity
Price or Fee Adjustment for Illegal or Improper Activity
Limitation on Payments to Influence Certain Federal Transactions
Printing/copying Doubled-sided on Recycled Paper
Protecting the Government's Interest When Subcontracting with
00-003SO\\' _ PerfSubDoc2/3280-0711050.t 43
DCN: 3181-049-PS-CONS-XXXXX
DATE
Feb 97
Feb 99
Feb 99
Jan 97
Jan 97
Jul95
Jun 87
Jun 87
Jun 97
Apr 84
Apr 84
Oct 98
Aug 96
Aug 98
Apr98
Jun 98
Jan 99
Apr 84
Apr 84
Jul 95
Jul 95
Jan 97
Jan 97
Jun 97
Jun 96
FAR
REFERENCE
52.222-1
52.222-21
52.222-26
52.223-3
52.223-6
52.227-1
52.227-14
52.227-16
52.232-25
52.237-2
52.243-7
52.244-6
52.222-3
52.225-11
52.222-35
52.222-36
52.222-37
52.203-3
52.203-5
52.203-6
52.203-7
52.203-8
52.203-10
52.203-12
52.204-4
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Sl1hcontr.ict No .. 3280-07\-XXX-CN
Pursuant to Contract No.: 68-WS-0022
DCN: 3281-0~')-PS-CO~S-XXXXX
Subcontract EffectiH· Date: Upon signature ofbo1h panics
Contractors Debarred. Suspended. or Proposed for Debarment
Utilization of Small Business Concerns
Contract Work Hours and Safety Standards Act -Overtime
Compensation
Clean Air and Water
Drug-free Workplace
Toxic Chemical Release Reporting
Notice and Assistance Regarding Patent and Copyright Infringement
Federal. State. and Local Taxes
Interest
Bankruptcy
The Following Clauses Apply to Subcontracts Exceeding $500,000:
Liquidated Damages-Subcontracting Plan
Utilization of Indian Organizations and Indian-mvned
Economic Enterprises
Jul 95
Oct 99
Jul95
Apr 84
Jan 97
Oct 96
Aug 96
Jan 91
Jul 95
Jan 99
Feb 00
( f) The Following Clauses Apply to Sealed Bidding Subcontracts Exceeding $500,000:
Audits and Records-Sealed Bidding Oct 97
Price Reduction for Defective Cost or Pricing Data-
Modifications-Sealed Bidding Oct 97
Subcontractor Cost or Pricing Data-Modifications-Sealed Bidding Oct 97
Small Business Subcontracting Plan. Alternate I Oct 99
(g) The Following Clauses Apply to Negotiated Subcontracts Exceeding $100,000:
Audits and Records-Negotiation
Integrity of Unit Prices
Competition in Subcontracting
Jun 99
Oct 97
Dec 96
(h) The Following Clauses Apply to Negotiated Subcontracts Exceeding $500,000:
Price Reduction for Defective Cost or Pricing Data
Price Reduction for Defective Cost or Pricing Data-Modifications
Subcontractor Cost or Pricing Data
Subcontractor Cost or Pricing Data-Modifications
Small Business Subcontracting Plan
Oct 97
Oct 97
Oct 97
Oct 97
Oct 99
( i) The Following Clauses Apply to Architect-Engineer (A-E) Subcontracts:
Payments under Fixed-price Architect-Engineer Contracts
Design Within Funding Limitations
Responsibility of Architect-Engineer Contractor
00-003 SO\V _ Pcr!SubDoc2/3 280-071/0504 44
Aug 87
Apr 84
Apr 84
52.209-6
52.219-8
52.222-4
52.223-2
52.223-6
52.223-14
52.227-2
52.229-3
Jun 96 52232-17
52.242-13
52.219-16
52.226-1
52.214-26
52.214-27
52.214-28
52.219-9
52.215-2
52.215-14
52.244-5
52.215-10
52.215-11
52.215-12
52.215-13
52.219-9
52.232-10
52.236-22
52.236-23
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Subcontrnct No.: 3:!80-071-XXX-CN
Pursuant 10 Contract No.: 68-WS-0022
Subcontract Effcc1i\"c Date: Upon signatuic of both panics
Ul
(k)
(I)
Work Oversight in Architect-Engineer Contracts
Requirements for Registration of Designers
Suspension of Work
Changes-Fixed Price. Alternate III
(Note: Modify Paragraph (C) from 30 Days to 20 Days)
Subcontractors and Outside Associates and Consultants
Termination (Fixed-price Architect-Engineer)
The Following Clauses Apply to Fixed Price Subcontracts:
Payments
Changes-Fixed-price. Alternates II and III
(Note: Modify Paragraph (C) from 30 Days to 20 Days.)
Subcontracts
Government Property (Fixed-Price Contracts)
Inspection of S~rvices-Fixed-Price
Termination fof Convenience of the Government (Fixed-Price)
Default (Fixed-Price Supply & Service)
The Following Clauses Apply to Time & Materials Subcontracts:
• Payments under Time-and-Materials and Labor-Hour Contracts
Changes -Time-and-Materials or Labor-Hours
(Note: Modify Paragraph (C) from 30 Days to 20 Days)
Subcontracts
Government Property (Cost Reimbursement. Time-and-
Material or Labor-Hour Contracts)
Inspection-Time-and-Material and Labor-Hour
Termination (Cost Reimbursement) Alternate IV
Excusable Delays
The Following Clauses Apply to Cost Reimbursement Subcontracts:
Limitation of Cost
Limitation of Funds
Notice to Intent to Disallow Costs
Changes-Cost Reimbursement
(Note: Modify Paragraph (C) from 30 Days to 20 Days)
Subcontracts
Government Property (Cost Reimbursement. Time-and-
Material or Labor-Hour Contracts)
Inspection of Services -Cost Reimbursement
Termination (Cost Reimbursement)
Excusable Delays
00-003SOW _ PerfSubDoc 'JJ3 280-071 /0504 45
DCN: 3281-0-19-PS-CO:--:s-xxxxx
Apr 84 52.236-24
Apr 84 52.236-25
Apr 84 52.242-14
Aug 87 52.243-1
Apr 84 52.244-4
Apr 84 52.249-7
Apr 84 52.232-1
Aug 87 52.243-1
Aug 98 52.244-2
Dec 89 52.245-2
Aug 96 52.246-4
Sep 96 52.249-2
Apr 84 52.249-8
Feb 97 52.232-7
Aug 87 52.243-3
Aug 98 52.244-2
Jan 86 52.245-5
Jan 86 52.246-6
Sep 96 52.249-6
Apr 84 52.249-14
Apr84 52.232-20
Apr84 52.232-22
Apr84 52.242-1
Aug 87 52.243-2
Aug 98 52.244-2
Jan 86 52.245-5
Apr 84 52.246-5
Sep 96 52.249-6
Apr 84 52.249-14
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Contract No.: 68-WS-0022
DCN: 3281-049-PS-CONS-XXXXX
Subcontract Effccti\'c Date: Upon sign.irnrc of both parties
(rn) If the Prime Con.tract Is Subject to the Procurement Regulations of the Department of Defense. the
Following Defense Federal Acquisition Regulation Supplement (DFARS) Clauses Apply to
Subcontracts:
(n)
(o)
(p)
Prohibition on Persons Convicted of Fraud or other
Defense-Contractor-Related Felonies
Disclosure of Information
Restrictions on Employment of Personnel
Drug-Free Work Force
Prohibition on Storage and Disposal of Toxic and
Hazardous Materials
Mar99
Dec 91
Dec 91
Sep 88
Apr 93
252.203-700 I
252.204· 7000
252.222-7000 .
252.223-7004
252.223-7006
If the Prime Contract ls Subject to the Procurement Regulations of the Department of Energy, the
Following Department of Energy Acquisition Regulation (DEAR) Clauses Apply to Subcontracts:
Security Requirements
C lassi ficat ion/Dec lass i fie at ion
Sensitive Foreign Nations Controls
Foreign Ownership. Control, or Influence over Contractor
Printing
Organizational Conflicts of Interest
Acquisition of Real Property
Integration of Environmental, Safety, and Health into
Work Planning and Execution
Radiation Protection and Nuclear Criticality
Preservation of Individual Occupational Radiation
Exposure Records
Displaced Employee Hiring Preference
Inspection In Architect-Engineer Contracts
Government Property (Cost Reimbursement, Time-and-Materials
or Labor-Hour Contracts)
Nuclear Hazards Indemnity Agreement
Sep 97 952.204-2
Sep 97 952.204-70
Apr 84 952.204-71
Apr 84 952.204-74
Apr 84 952.208-70
Jun 97 952.209-72
Apr 84 952.217-70
Jun 97 952.223-71
Apr 84 952.223-72
Apr 84 952.223-75
Jun 97 952.226-74
Apr94 952.236-71
Jan 86 952.245-5
Jun 96 952.250-70
If the Prime Contractor Is a Department of Energy
Following Clauses Apply to Subcontracts:
Management & Operating Contractor, the
Accounts. Records. and Inspection
Printing
Workplace Substance Abuse Programs
Whistleblower Protection for Contractor Employees
Jun 96
Apr84
Aug 92
Jan 93
970.5204-9
970.5204-19
097.5204-58
970.5204-59
If the Prime Contract Is Subject to the Procurement Regulations of the Environmental Protection
Agency, the Following Environmental Protection Agency Acquisition Regulation (EPAAR) Clauses
Apply to Subcontracts:
Printing Apr 84 1552.208-70
00-003S0\V _ PerfSubDoc '1/ 3 280-07 Ji 0504 46
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Suhcontrnct No.: Y?.S0-071-XXX-CN
Pursuant 10 Contract No.: 6S-WS-0022
DCN: 3281-0-N-l'S-CONS-XXXXX
Subcontract Effec1h·e Date: Upon signature of both panics
Organizational Conflicts of Interest
Notification of Conflicts of Interest Regarding Personnel
Limitation of Future Contracting
Reports of Work
Working Files
Project Employee Confidentiality Agreement
State and Local Taxes
Submission of Invoices
Screening Business lnfonnation for Claims of Confidentiality
Treatment of Confidential Business Information
Contract Publication Review Procedures
Publicity
May 94 1552.209-71
May 94 1552.209-73
Mar97 1552.209-74
Feb 98 1552.211-70
Apr 84 1552.211-75
May 94 I 552.227-76
Nov 89 1552.229-70
Jun 96 1552.232-70
Apr 84 1552.235-70
Apr 84 I 552.235-71
Apr 84 1552.237-70
Apr 84 1552.237-74
1.6 ALTERATIONS TO PROVISIONS
In addition to 9ther alterations. e'.':ceptions. or other modifications to clauses which may be included
elsewhere in this Subcontract. the follo_wing additional changes are made:
(a) FAR 52.222-26 "Equal Opportunity" -Paragraph c of this clause does not apply.
(b) FAR 52.227-14 "Rights in Data-General" -.Only Alternates II and lll_apply.
(c) DEAR 970.5204-9 "Accounts, Records, and Inspection" -Subparagraph c of this clause does not
apply.
1.7 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 198~)
1.8
The use in this Subcontract of any FAR clause with an authorized deviation is indicated by the addition of
"(Deviation)" after the date of the clause.
Additional FAR Clauses
NUMBER DATE
52.202-1 OCT 1995
52.230-2 APR 1998
52.230-3 APR 1998
52.230-6 NOV 1999
52.232-17 JUN 1996
52.242-13 JUL 1995
52.251-1 APR 1984
52.253-1 JAN 1991
TITLE
DEFINITIONS
COST ACCOUNTING STANDARDS
DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING
PRACTICES
ADMINISTRATION OF COST ACCOUNTING STANDARDS
INTEREST
BANKRUPTCY
GOVERNMENT SUPPLY SOURCES
COMPUTER GENERATED FORMS
(End of Section)
00-003S0\\' _r~rtSubDoc 213280-0 71 /050-l 47
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Subcontract No.: J18Q.Q71-XXX-CN
Pursuant to Contract No.: (,8-\VS-0022
Subcontract Effective Date: Upon signature of both parties
DCN: .'2SI-O.t9-PS-co;,.:s.xxxxx
PART III: LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J LIST OF ATTACHMENTS
J.I LIST OF ATTACHMENTS
Attachment A -Statement of Work
Appendix A. ""Existing Water Main Details for the Site"
Appendix B. "Residential Wellhead Granular Activated Carbon Treatment Units -Performance
Specifications"
Attachment B -Bonds
Bid Bond
Performance Bond
Labor And Materials Payment Bond
. Consent of Surety
Attachment C -U.S. Department of Labor Wage Determination, General Decision Number XXXXX
SECTION K REPRESENTATIONS AND CERTIFICATIONS
Representation and Certifications are attached.
00-003S0\\ · _ PcrfS uh Doc 2/3280-071/050.J 48
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Subcontract No.: 3280-071-XXX-CN DCN: 3281-0..t9-PS-CONS-XXXXX
Pursuant to Conm1c1 No.: 68-W5-0022
Subcontract Effcc1ln: Da1e: Upon signature ofbo1h parties
ATTACHMENT A
STATEMENT OF WORK
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RESPONSE ACTION CONTRACT ' FOR REMEDIAL, ENFORCEMENT OVERSIGHT, AND NON-TIME
CRITICAL REMOVAL ACTIVITIES AT SITES OF RELEASE OR
THREATENED RELEASE OF HAZARDOUS SUBSTANCES
IN EPA REGION IV
U.S. EPA CONTRACT NO. 68-WS-0022
ATTACHMENT A
STATEMENT OF WORK FOR
EXTENSION OF EXISTING WATER MAIN, CONNECTION
OF INDIVIDUAL RESIDENCES TO CITY WATER, AND
INST ALLA TI ON OF INDIVIDUAL RESIDENTIAL
CARBON FILTRATION UNITS AT THE
NORTH BELMONT PCE SITE,
NORTH BELMONT, GASTON COUNTY, NORTH CAROLINA
Work Assignment No. 071-RDRD-04QD
IFB 3280-071-001-CN
May 4, 2000
Prepared for:
U.S. Environmental Protection Agency
Region IV
Atlanta, Georgia
Prepared by:
CDM Federal Programs Corporation
2030 Powers Ferry Road, Suite 490
Atlanta, Georgia 30339
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TABLE OF CONTENTS
Section Page
LIST OFT ABLES ....................................................... iv
LIST OF FIGURES ..................................................... iv
LIST OF ACRONYMS AND ABBREVIATIONS .............................. v
1.0 GENERAL INFORMATION ......................................... 1-l
l. l DEFINITIONS ............................................... l-1
1.2 PROJECT OBJECTIVES ....................................... 1-2
1.3 OVERVIEW OF CONTRACTOR SERVICES TO BE PROVIDED ..... l-2
1.4 RESPONSIBILITIES OF PROJECT REPRESENTATIVE
AND/OR EPA ................................................ l-3
2.0 SITE LOCATION, DESCRIPTION, AND HISTORY ..................... 2-l
3.0 REQUIRED ACTIVITIES ........................................... 3-l
3.1 GENERAL OVERVIEW ....................................... 3-l
3.2 WATER MAIN EXTENSION ................................... 3-3
3.2. I SCOPE OF WORK ..................................... 3-3
3.2.2 PERFORMANCE STANDARDS .......................... 3-8
3.2.3 DELIVERABLES ...................................... 3-8
3.2.4 SCHEDULE ........................................... 3-9
3.3 RESIDENTIAL CARBON FILTRATION UNITS ................... 3-10
3.3.1 SCOPE OF WORK .................................... 3-10
3.3.2 PERFORMANCE STANDARDS ......................... 3-12
3.3.3 DELIVERABLES ..................................... 3-12
3.3.4 SCHEDULE .......................................... 3-12
3.4 PROJECT PLANS ........................................... 3-13
3.4.1 OPERATION AND MAINTENANCE DOCUMENTATION ... 3-13
3.4.2 CONSTRUCTION QUALITY ASSURANCE PLAN ......... 3-13
4.0 EVALUATION OF BID ............................................. 4-1
APPENDIX A: EXISTING WATER MAIN DETAILS FOR THE SITE
APPENDIX B: RESIDENTIAL WELLHEAD GRANULAR ACTIVATED CARBON
TREATMENT UNITS -PERFORMANCE SPECIFICATIONS
00-003/3280.071/0320 Ill
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LIST OF TABLES
Table Page
3-1 WATER MAIN EXTENSION SCHEDULE ........................... 3-9
3-2 RESIDENTIAL CARBON FILTRATION UNITS SCHEDULE ........... 3-12
4-1 WATER MAIN EXTENSION PRICE SCHEDULE ..................... 4-2
4-2 RESIDENTIAL CARBON FILTRATION UNITS PRICE SCHEDULE ...... 4-3
LIST OF FIGURES
Figure
2-1 SITE LOCATION MAP ........................................... 2-2
2-2 NORTH BELMONT PCE AREA .................................... 2-3
3-1 POTENTIAL RESIDENTS REQUIRING CONNECTION TO
CITY WATER .................................................... 3-4
3-2 POTENTIAL RESIDENTS REQUIRING CARBON FILTRATION
UNITS (CFUs) ................................................. 3-1 I
00-003/3280-071/03 20 IV
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COM Federal
CQA
OCA
OCE
EPA
FSP
GAC
O&M
PCE
PVC
RCFU
RCRA
sow
TCE
UV
00-003/328().-07 ], 0320
LIST OF ACRONYMS AND ABBREVIATIONS
COM Federal Programs Corporation
construction quality assurance
dichloroethane
dichloroethene
U.S. Environmental Protection Agency
Field Sampling Plan
granular activated carbon
operation and maintenance
tetrachloroethene
polyvinyl chloride
residential carbon filtration unit
Resource Conservation and Recovery Act
Statement of Work
trichlorocthene
ultraviolet
V
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l.O GENERAL INFORMATION
I.I DEFINITIONS
Applicable Agencies -Federal, state, and local agencies and governments having
jurisdiction over the work described in this document. including, but not limited to,
U.S. Environmental Protection Agency (EPA), North Carolina Division of Environmental
Health, Department of Transportation, and the City of Belmont.
Contract -The Contract between the Project Representative and the Contractor with
respect to the services described in this Statement of Work (SOW).
Contractor -The party with which the Project Representative contracts for the services
described in this SOW.
Day -Calendar day.
EPA -U.S. Environmental Protection Agency, Region 4.
NCDENR-North Carolina Department of Environment and Natural Resources
Optional Services -Services that are not part of the base contract but which the Project
Representative may require the Contractor to perform depending on site conditions or project
performance.
Performance Standards -Performance standards. levels, or criteria that must be met at
all times to satisfy the requirements of this contract.
Project Representative -Firm contracted by EPA to subcontract and oversee the design
and construction.
00-003/3280-071/0320 1-1
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1.2 PRO.JECT OBJECTIVES
The objective of this SOW is to support remedial design activities at the North Belmont
Tetrachloroethcne (PCE) Site, located in North Belmont, Gaston County, North Carolina.
Specifically this document provides the technical requirements for
1.3
the extension of existing water mains to provide city water service to selected
residences,
• connection of individual residents desiring city water to the water main extension,
and
installation and maintenance of individual residential carbon filtration units to
selected residences.
OVERVIEW OF CONTRACTOR SERVICES TO BE PROVIDED
The Contractor shall provide all services and supplies necessary to perform the water main
extension and installation of residential carbon filtration units, including, but not limited to:
I. Prepare specifications, drawings, and design documentation for the activities
described in this SOW.
2. Revise specifications, drawings, and design documents based on comments
generated by applicable agencies.
3. Obtain all required authorizations to construct, permits, approvals, licenses, and
consents required for the work.
4. Execute water main extensions.
5. Connect residences to water main extension.
6. Install and maintain residential carbon filtration units.
7. Conduct post-construction and operational testing.
8. Demonstrate attainment of performance standards.
00-003/3280-07110320 1-2
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9. Submit as-built drawings and update as needed.
Section 3 provides technical requirements and performance standards for performing these
services.
The Contractor shall provide all superv1s1on, labor, and materials necessary for these
services. The scope of work for the Contractor will in no way be limited by the information
provided in this Section 1.3 or by the remedial action schedule or price schedules provided
in this solicitation.
1.4 RESPONSIBILITIES OF PRO.JECT REPRESENTATIVE AND/OR EPA
The Project Representative, City of Belmont. and/or the EPA shall provide the following
services as part of this project:
I. Approve design documents and project plans.
2. Conduct construction oversight.
3. Approve performance standards achievement.
4. Provide legal access to the water main extension route, including, but not limited
to
•
•
•
Right-of-way negotiations and acquisitions,
Revise alignments due to negotiation with property owners, and
Provide right-of-ways on parcels requiring condemnation .
All other services or activities are the responsibility of the Contractor.
00-003/J 280--07 l/0320 1-3
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2.0 SITE LOCATION, DESCRIPTION, AND HISTORY
The Site consists of two closed dry cleaning operations located in North Belmont. Gaston
County, North Carolina. These two areas are referred to as "Source Area A" and "Source
Area B'' (Figure 2-1). Source Area A, which was operated by the Untz family from 1960
to 1975 as a dry cleaning business, is located at Roper's Shopping Center in Land Lot 5,
Parcel 15-1 SA on Woodlawn Avenue. The shopping center included Roper's Furniture
Store, a Baptist church, and a cabinet manufacturing shop. The former dry cleaning facility
is approximately 0. 75 acre in size and is bounded to the east and west by residential
neighborhoods, to the north by a cemetery and an undeveloped wooded tract, and t? the south
by North Belmont Elementary School. Source Area B is located at the northeastern comer
of Acme Road and Suggs Road in Land Lot 11. Parcel 15-18. This parcel has been converted
to residential property. The majority of the area surrounding Source Area B is residential
with a few small businesses. A cabinet shop is located to the north. A previous refrigerator
repair shop and a machine shop were also suspected to be potential sources of contamination.
The refrigerator repair shop, now closed, is located at the intersection of Julia Street and
Acme Road in Land Lot l 5-l 8A, Parcel 32. This is a small commercial strip area with
residential property surrounding the Site, except for a cabinet shop and a well drilling
company located to the east. The machine shop is located at the corner of Acme and
Centerview Roads and is encompassed by residential neighborhoods. Figure 2-2 shows the
approximate study area.
00-003/3280-07110320 2-1
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COM FEDERAL RAC VIII
SITE LOCATION MAP
NORTH BELMONT PCE SUPERFUND SITE
COIi FEDERAL PROCRAWS CORPORATION .-..,.,c-,.-•----GASTON COUNTY, NORTH CAROLINA
2-2
NOTTO SCALE
FIGURE NO.
2-1
N w
62 LOT NUMBERS
• PREVlOUS DRY CLENIJNG FACILITIES
.._ PRE.\10US REFRIGERATOR RO>AIR fACIUTY
■ "'-'CHINE Sl10P
a· soo·
1'"-1 -w --
-
1000·
-liil - ----- -
CDM FEDERAL RAC VIII
NORTH BELMONT PCE AREA
NORTH BELMONT PCE SUPERFUND SITE
CDII FEDERAL PROGRAllS coRPORAflON GASTON COUNTY, NORTH CAROLINA -~ .. ~-·---
- - - -
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FIGURE NO.
2-2
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3.0 REQUIRED ACTIVITIES
3.1 GENERAL OVERVIE\V
The items listed below shall be designed. constructed, tested, operated, and maintained by
the Contractor:
• the extension of existing water mains to provide city water service to selected
residences,
• connection of individual residents desiring city water to the water main extension,
and
• installation and maintenance of individual residential carbon filtration units to
selected residences.
The work shall be performed in the area shown previously in Figure 2-2. All work
performed under this contract shall be under the supervision of a Professional Engineer
registered in the State of North Carolina.
This SOW provides the performance standards for installation, operation. performance, and
evaluation of the water main extension and residential carbon filtration units. The Contractor
shall be solely responsible for performing the detailed design of the system in order to install
and operate the system to meet the objectives and requirements stated herein. At a minimum,
the Contractor shall perform all engineering, process, hydraulic, electrical, mechanical, civil,
structural, and other calculations necessary to ensure proper sizing of equipment. piping,
valves, wiring, and all required ancillary equipment. The Contractor shall meet all
performance standards contained in this document.·
The Contractor shall comply with all Federal, State, and local rules, regulations, and
permitting requirements that could affect the performance of this work. Applicable
regulations include, but are not limited to. the following:
00-003/3280-071,0320 3-1
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• Resource Conservation and Recovery Act (RCRA);
• Occupational Safety and Health Administration requirements:
• State hazardous waste regulations:
• State air emission regulations:
• State Drinking Water Act;
• other Federal. State, and local ordinances: and
Clean Water Act.
The Contractor shall be liable for all penalties assessed due to permit violations or other
inadequacies of the construction.
The Contractor shall complete the work efficiently and in accordance with accepted industry
standards. The Contractor shall ensure that the final design and construction meet applicable
and relevant codes and guidelines including. but not limited to, 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
NBS -National Bureau of Standards
NEC -National Electrical Code
NEMA -National Electrical Manufacturing Association
OSHA -Occupational Safety and Health Administration
Material and equipment shall conform to the Contractor's final design specifications and
standards. For manufactured and fabricated products:
• Design, fabricate, and assemble in a workmanship-like manner;
00-003132S0-07 t,0320 3-2
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• Manufacture like parts or duplicate units to standard sizes and gauges to be
interchangeable;
• When two or more of the same item are required, the items shall be identical and provided by the same manufacturer;
• Products shall be suitable for service conditions.
The Contractor shall perform the work in accordance with the manufacturer's instructions.
3.2 WATER MAIN EXTENSION
3.2.1 SCOPE OF WORK
The Contractor shall extend the existing water main to allow the connection of individual
water service to the residences indicated as not having city water on Figure 3-1. It is the
Contractor's responsibility to design and construct the necessary water main extensions
required to service all residential lots listed in this figure.
Existing water mains details and required specifications for the site, obtained from the City
of Belmont, are included in Appendix A.
The Contractor shall connect individual residents (as shO\vn in Figure 3-1) to the water main
extension discussed above. Of the estimated 118 residents, some will request connection and
some will not.. It is estimated that 75 residents will request connection. The remaining 43
residents shall not be connected to the water main but shall receive a connection stub and
meter which may be accessed at a later date. The exact number of residents shall be
determined prior to placing this subcontract out to bid and this document shall be updated
accordingly.
All work shall be conducted in compliance with the applicable North Carolina statutes
governing community water systems. All work must meet the approval and requirements of
00-003/3280-07 ]/0320 3-3
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CEMETERY
1.01
• Residences Not Connected to
City Water
500'
2
1000'
PIEDft\ON.l t,1.0RT'""ERN. RR
CONCRETE
SUPPLY
DUKE poWER EASEMENT
18
CDII FEDERAL PROGRAMS CORPORATION ,..._., .. ea-._•--
•
•
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,.alE: -~ ca. 0llli;aW. IE:OIIC F'l'IOII 110'1' r. 'IDT0M. NXlltl'OIWD ON 10/29,1'1$
COM FEDERAL RAC VIII
RESIDENCES NOT CONNECTED TO CITY WATER
NORTH BELMONT PCE SUPERFUND SITE
GASTON COUNTY, NORTH CAROLINA
3-4
FIGURE NO.
3-1
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the Project Representative, North Carolina Department of Environment and Natural
Resources (Water Supply Division), the City of Belmont, and any other applicable agencies.
Specific services and activities which must be completed include, but are not limited to, the
following items. Completion of these activities does not guarantee obtainment of the
performance standards listed in Section 3.3.2. It is the Contractor's responsibility to
complete all activities required to obtain the listed performance standards whether they are
listed below or not.
General
• Furnish the Project Representative the items specified under Section 3 .2.3
Deliverables.
• Meet the performance standards listed in this document.
• Prepare all project plans outlined in Section 3.4 of this document.
• Complete all necessary design documentation (including specifications and
drawings) and activities required to obtain the approval ofapplicable agencies prior
to initiating construction.
Obtain all required permits and licenses necessary to complete the work described
in this document.
• Complete construction in accordance with all Federal, State, and local rules, laws,
regulations, and ordinances.
• Complete construction in accordance with all specifications and details presented
in Appendix A.
• Dispose of all waste generated during the course of construction in accordance with
all Federal, State. and local rules, laws, regulations. and ordinances.
QQ.Q0J/3280-071/0320 3-5
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Design
• Provide any schedules required by applicable agencies.
• Provide all drawings and specifications required by applicable agencies.
• Make any revisions required by applicable agencies.
• All design documents shall be stamped by a professional engineer registered in the
state of North Carolina as required by applicable agencies.
Construction
• Work-must be performed in a systematic manner as to minimize the inconvenience
to the public during the course of construction.
• Prior to construction, the Contractor shall put in place any erosion control measures
that are needed or required by City of Belmont and the North Carolina Division of
Land Resources.
• Open cut crossing of public and private roadway pavements shall be scheduled and
performed during periods ofleast expected traffic interferences. Temporary closing
of roadways shall be coordinated with the City of Belmont Police and Fire
Departments as well as the North Carolina Department of Transportation.
•
•
•
•
•
Notify all utility offices which are affected by the construction operations as
required by the City of Belmont.
Work must be performed on public property and easements. Any work on private
property must be coordinated with the owner, and written permission must be
obtained prior to conducting work.
The existing water and sewer systems must remain in continuous operation during
the construction.
Connect to existing facilities including, but not limited to, structures, drain lines,
and utilities.
All potable water and distribution lines shall be disinfected and tested as required
by the City of Belmont.
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•
Trenching, backfilling and compacting shall be executed safely and in accordance
with industry and City of Belmont standards.
Paving repair and resurfacing will be performed as required to complete the
construction. This work will be performed in accordance with City of Belmont
standards.
Materials
• A minimum of 8-inch-diameter pipe shall be used for the water main extensions.
• Valves, valve boxes, miscellaneous piping and accessories, fire hydrants, water
mains, and any other material or equipment required for construction shall conform
with applicable agency standards.
Testing and Inspections
•
•
Perform and pass all required post-construction testing including, but not limited
to, bacteriologic, pressure, and leakage tests as required by applicable agencies.
Applicable agencies shall inspect construction activities of the Contractor. The
Contractor shall correct noted discrepancies.
Post-Construction
•
•
•
•
Surveying shall be conducted as required by City of Belmont.
Site restoration shall be conducted as required by City of Belmont.
As-built drawings shall be completed as required by City of Belmont .
Equipment, material, and waste shall be removed from the site .
00-00313280-07 li0320 3-7
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3.2.2 PERFORMANCE STANDARDS
Performance standards include
• Obtain approval of the water main design (including any required specifications and
drawings) from the City of Belmont and any other applicable agencies prior to
construction.
• Obtain all applicable permits associated with the construction.
• Obtain clearances for all public utility organizations.
• Correct any discrepancies noted during construction inspections and oversight.
• Ensure continuous operation of existing water and sewer service at the site
(excl[!ding reasons outside the control of the Contractor).
• Execuie and pass all necessary post-construction testing required by the City of
Belmont to assume operation and maintenance (O&M) responsibility of the water
mam.
3.2.3 DELIVERABLES
The following deliverables shall be submitted to the Project Representative in accordance
with the schedule outlined in Section 3 .2.4. Note that additional deliverables will be required
by other applicable agencies (such as the City of Belmont and other state agencies) to
complete the work described in this document.
• Conceptual design to include a complete description of how the Contractor plans
to complete the work described in this document as well as drawings showing the
proposed water main extensions (need to show existing and proposed).
• Produce a schedule for the design, mobilization, construction, testing, and
demobilization (including site cleanup and restoration). The schedule will meet the
criteria listed in Section 3.2.4. The schedule shall show estimated times for
applicable agencies reviews.
• Documentation that the performance standards listed in Section 3.2.2 were met.
00-003/3280-071,03:?0 3-8
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•
•
Project plans as outlined in Section 3.4 .
Certification of completion .
• Design documents, including, but not limited to, drawings, specifications, and
schedule required by applicable agencies other than the Project Representative will
be submitted to the Project Representative five days prior to the date it is due to the
applicable agency.
3.2.4 SCHEDULE
The Contractor shall comply with the schedule presented in Table 3-1. The table lists the
maximum allowable duration for deliverables, construction, and other project-related tasks.
Table 3-1. Water Main Extension Schedule
Milestone
Complete conceptual design, schedule, and pricing sheet.
Complete all required project plans required by the
Project Representative.
Finalize all project plans after Project Representative
review.
Complete all design activities and documentation (plans,
drawings, specifications, etc.) required to initiate
construction. This includes, but is not limited to, the
conceptual design required by the Project Representative.
Make any required revisions to design documentation
required by applicable agencies.
Obtain all permits required by applicable agencies.
Construction including connection of individual
residences to city water. Also included all required
testing and passing construction-related inspections of
applicable agencies.
Demobilization including site cleanup and restoration as
required by applicable agencies.
Submit as-built drawings as required by applicable
agencies
00-00313280-07] /0320 3-9
Schedule
Submit with cost and technical
proposal
45 days after contract award
15 days after receiving comments
60 days after contract award
IO days after receiving comments
from applicable agencies
30 days after approval of final
design
120 days after obtaining all
applicable permits
15 days after completion of
construction
45 days after completion of
construction
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3.3 RESIDENTIAL CARBON FILTRATION UNITS
3.3.1 SCOPE OF WORK
The Contractor shall install individual residential carbon filtration units (RCFUs) to the
residences shown in Figure 3-2. It is estimated that 33 residents will receive RCFUs. The
exact number of residents shall be determined prior to placing this subcontract out to bid and
this document will be updated accordingly. The Contractor shall be responsible for proper
sizing of the treatment units for each listed resident.
The residential granular activated carbon (GAC) wellhead treatment units will be capable of
treating contaminated groundwater to North Carolina Groundwater Quality Standards for
volatile organic compounds. At a minimum, each treatment unit shall consist of a prefilter,
two GAC carbon units, sample ports, and pressure gauges. Each treatment unit shall be
capable of handling re·sidential flow requirements. Each treatment unit shall be sized as
required in Appendix B. System control shall be completely automatic. Each treatment
system shall be capable of operating continuously, 24 hours per 1ay. The treatment units
shall be installed at required individual residences in such a way as to minimize
inconveniences to the residents. In some cases, residents may require electrical and well
house upgrades to handle the installation of the new systems. The price for these upgrades
shall be included in the lump sum price supplied in Table 4-2. After six months of operation,
each installed RCFU will be sampled and analyzed for volatile organic compounds in
accordance with a Field Sampling Plan (FSP) developed by the Contractor (see
Section 3.4.2). The Contractor shall replace all activated carbon contained within installed
units after the first year of operations. In addition to supplying operations and maintenance
support and carbon replacement for the units specified in Figure 3-2, the Contractor shall
supply these services to previously installed units on Lots I 08, 118, and 112. All work shall
conform to the specifications and performance standards presented below and in
Appendix B.
00-00313280-07110320 3-10
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CEMETERY
1.01
• Potential Residents Requiring
RCFUs
500' -----1000·
p\EOMON.l NORTHERN RR
CONCRETE
SUPPLY
1.02
ouKE POWER EASEMENT •
•
21 22
23 •
112.01
•
18
112 • • 12.0 13
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-,re -e,,.sm OM ~ J1CCOVt0 ntC111 110'1' f. wtst0N, IC0ll:l'CIWUI 0N 1(1/28/1:I
COM FEDERAL RAC VIII
POTENTIAL RESIDENTS REQUIRING RESIDENTIAL CARBON FILTRATION UNITS (RCFRs)
NORTH BELMONT PCE SUPERFUND SITE
GASTON COUNTY, NORTH CAROLINA CDII FEDERAL PROGRAMS coRPORAnoN -~"'°"-_., __ _
3-11
FIGURE NO.
3-2
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3.3.2 PERFORMANCE ST AND ARDS
Performance Standards include
• Treatment systems shall treat water to North Carolina Groundwater Quality
Standards listed in 15A NCAC, Subchapter 2L. Section 0200.
• For the period of one year, the Contractor shall respond to all corrective
maintenance calls within 24 hours of notification from individual residents, and
• For the period of one year, no installed system shall require repair more than three
times (does not include repair required as the result of operator error).
3.3.3 DELIVERABLES
The required deliverables are listed in Appendix 8.
3.3.4 SCHEDULE
The Contractor shall comply with the schedule presented in Table 3-2. The table lists the
maximum allowable duration for deliverables, construction, and other project-related tasks.
Table 3-2. Residential Carbon Filtration Units Schedule
Milestone
Complete conceptual design, schedule. and pricing sheet.
Provide O&M documentation outlined in Section 3.4.1 of
this document.
Complete installation of all required residential carbon
filtration units.
Demobilization including site cleanup and restoration.
Conduct sampling and analysis of all installed units
Provide one year of O&M support (including Lots I 08.
118, and 112).
Replace all activated carbon in installed units (including
Lots 108. 118. and 112).
00-003/3280-071103:?0 3-12
Schedule
Submit with cost and technical
proposal.
45 days after contract award.
90 days after Contract award.
15 days after completion of
installation.
After 6 months of operation
I year after completion of
demobilization.
After I year of operation
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3.4 PRO.JECT PLANS
The Contractor shall submit draft and final versions of the plans listed below.
The schedule for submitting O&M documentation is outlined in Section 3.3.4. The schedule
for submitting the Construction Quality Assurance (CQA) Plan is outlined in Section 3.2.4.
3.4.1 OPERATION AND MAINTENANCE DOCUMENTATION
Because O&M of the water main extension will be transferred to the City of Belmont upon
completion of construction and testing. a formal O&M Plan will not be required for this
work. Additionally, a formal O&M Plan will not be required for the RCFUs. However, the
Contractor will ·submit to the Project Representative the O&M documentation outlined in
Appendix A of this document.
3.4.2 CONSTRUCTION QUALITY ASSURANCE PLAN
The Contractor shall submit a draft CQA Plan. The CQA Plan shall be prepared in
accordance with Construction Quality Assurance for Hazardous Waste Land Disposal
Facilities (EPA, 1986). The CQA Plan shall then be finalized and submitted in accordance
with the project schedule. At a minimum, the draft CQA Plan shall provide requirements for
the following elements:
• Responsibility and authority of all organization and key personnel involved in the
remediation action construction
• CQA Personnel Qualifications-The contractor shall establish the mm1mum
qualifications of the CQA Officer and supporting inspection personnel.
Inspection Activities-The Contractor shall establish the observations and tests that
will be required to monitor the construction and/or installation of the components
of the remedial action(s). The plan shall include the scope and frequency of each
type of inspection to be conducted. Inspections shall be required to verify
QQ.003/3 2 S0-071 i0320 3-13
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compliance with environmental requirements and include, but not be limited to. air
quality and emissions monitoring records, waste disposal records (e.g., RCRA
transportation manifests), etc. Inspections shall also ensure compliance with all
health and safety procedures.
• Sampling and Testing Requirements-The Contractor shall establish the
requirements for sampling activities, sample size, sample locations, frequency of
testing, criteria for acceptance and rejection, and plans for correcting problems as
addressed in the project specifications.
• Documentation-The Contractor shall describe the reporting requirements for CQA
activities. This documentation shall include such items as daily summary reports
and inspection data sheets.
The CQA shall include an FSP developed specifically for the sampling of RCFUs as
described in Section 3.3.1 and Appendix B. The FSP shall include sampling objectives,
sample locations and frequency, sampling equipment and procedures, and sample handling
and analysis. The plan shall conform with EPA Region 4 Standard Operating Procedures.
Duplicate, blank, and other quality control samples shall meet EPA Region 4 requirements.
Data reporting will conform to EPA Contract Laboratory Program format.
The CQA Pian will cover ail activities required for
• the extension of existing water mains to provide city water service to selected
residences,
• connection of individual residents desiring city water to the water main extension,
and
• installation, maintenance, and sampling ofindividuaI·RCFUs to selected residences.
00-003/3280-071/0320 3-14
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4.0 EVALUATION OF BID
Each contractor will complete Tables 4-1 and 4-2. The totals of each table will be used to
determine the winning offer as described in the subcontracting language attached to the
document. All costs will be included in the bid items listed below.
00-00313280-07 ],0320 4-1
- ---l!!!!!!!!!I l!!!!!!I liiiiii liiil - --- -
Table 4-1. Water Main Extension Price Schedule
Item Quantity used to
number Description Units Offer price determine bid price Totals
I Complete required design documentation and make revisions as required by Lump Sum I
applicable agencies .
2 Obtain all. necessary licenses and permits Lump Sum I
3 Submit and revise, as necessary, the CQA Plan Lump Sum I
4 Mobilization Lump Sum I
5 Construction of water main extension-includes all supplies and materials Lump Sum I
(such as water main, dip fittings, fire hydrants, and isolation valves). Also
includes all labor and equipment required for construction.
6 Water meter assembly and connection stub Each 118
7 Connect individual residents to the water main extension Each 75
8 Completion of all site restoration requirements Lump Sum I
9 Successful completion of all post-construction testing and inspections Lump Sum I
10 Post-construction documentation Lump Sum I
11 Demobilization Lump Sum I
TOTAL $
Signature Title
Printed Name Date
1!!!!111 ----l!!!!!!!!!I !!!!!!!!I 11111111 iiiii --ilill - -
Table 4-2. Residential Carbon Filtration Units Price Schedule
Item Quantity used to
number Dcscrintion Units Offer price determine bid price Totals
I Installation of residential carbon filtration units in accordance with Lump Sum I
specifications listed in Appendix B of this report
2 Provide O&M documentation Lump Sum I
3 Conduct sampling alter 6 months of operation Lump Sum I
4 Provide one year of operations and maintenance support including, but not Year
limited to, repair, carbon replacement, routine and preventive maintenance,
and waste disposal
5 Provide post-construction documentation Lump Sum 1
6 Replace all activated carbon in installed units. Lump Sum I
TOTAL $
Signature Title
Printed Name Date
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APPENDIX A
EXISTING WATER MAIN DETAILS
AND REQUIRED SPECIFICATIONS
FOR THE SITE
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EXISTING WATER MAIN DETAILS AND REQUIRED
SPECIFICATIONS FOR THE SITE
To be provided.
00-00313280-071,03}0 A-2
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APPENDIXB
RESIDENTIAL WELLHEAD GRANULAR
ACTIVATED CARBON
TREATMENT UNITS
PERFORMANCE SPECIFICATIONS
A-3
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APPENDIX B
RESIDENTIAL WELLHEAD GRANULAR ACTIVATED CARBON TREATMENT UNITS
PERFORMANCE SPECIFICATIONS
PART I GENERAL
1.01 SCOPE OF WORK
1.02
A. Furnish all labor, supervision, materials, equipment, tools. permits, and services
required to design, furnish, install, startup, operate and maintain 33 residential
wellhead granular activated carbon (GAC) treatment units (treatment units) as shown
on drawing and as specified herein.
B. The treatment units shall be furnished complete with all equipment and necessary
parts, controls, and incidentals required for successful operation. Installation shall
be in complete conformity with this Section and the instructions and
recommendations of the equipment manufacturer.
RELATED WORK
Not used.
SUBMITTALS
A. Submit to the Project Representative the following:
I. Literature and shop drawings describing the equipment in sufficient detail,
including parts lists, materials, dimensional drawings, and details of construction
to indicate full compliance with this Section.
2. Proposed equipment layout drawing in plan view.
3. A piping and instrumentation diagram for the individual wellhead treatment
units.
4. Proposed collection, testing, and disposal procedures for all waste streams
generated by the treatment units.
B. Operation and Maintenance Documentation
I. Operation and maintenance documentation will .be provided to the Project
Representative for review and approval. Once finalized, one copy will be
provided to each resident receiving a treatment system. Documentation will
include:
Manuals, instructions, and other documents provided by the equipment
manufacturer:
D0-OOJ/3280-071/0505 B-2
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1.04
Preventive maintenance instruction and schedule:
Corrective maintenance instruction; and
• Startup, shutdown. and normal operating instruction .
QUALITY ASSURANCE
A. Equipment described under this Section shall be the standard products of
manufacturers who regularly engage in the production of this type of equipment and
who are fully experienced, reputable, and qualified in the manufacture of the
equipment to be furnished. The units shall be designed, constructed. delivered, and
installed in accordance with the best trade standards. Each component furnished
under this Section shall be new and unused and the product of a manufacturer having
a successful record of operation. manufacturing, and servicing the equipment for a
minimum for 5 years.
1.05 SYSTEM DESCRIPTION
A. The resident GAC well-head treatment units shall be capable of treating all recovered
groundwater to North Carolina Groundwater Quality Standards for volatile organic
compounds. The maximum expected influent concentrations of contaminants are
listed in Table I of this section. The data in this table was generated from residential
drinking water well data presented in the US EPA Region 4 North Be/mom PC£ Site
Remedial lnvestigwion Report. North Belmont, Gaston Coumy, NC. They represent
the highest detected value for the contaminants listed. Contaminants which did not
have detectable results were not listed in the table.
B. The treatment units shall at a minimum consist of a prefilter, GAC carbon units,
sample ports. and pressure gauges. Each treatment unit shall be capable of handling
residential flow requirements. System control shall be completely automatic. System
shall be capable of operating continuously, 24 hours a day.
C. Major system components of the groundwater treatment system include:
I . Pre-filters
2. A minimum of two carbon units configured in lead/lag positions
3. Sample ports before and after the carbon units
4. Pressure gauges as required to operate and maintain the equipment
5. System instruments and electrical equipment
6. System piping and miscellaneous appurtenances
00-003/3280-07 )10505 8-3
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7. System enclosures (as required).
A basic system schematic is shown in Figure B-1.
TABLE 1
MAXIMUM EXPECTED CONCENTRATIONS
FOR NORTH BELMONT GROUNDWATER
Results
Contaminant (µg/L)
Tetrachloroethene 480.00
Trichloroethene 22.00
. I, 1-Dichloroethane 2.1
I, 1-Dichlorocthene 14.00
cis-1,2-Dichloroethene 26.00
Trichlorofluowmethane 810.00
Chloroform 0.87
Carbon disulfide 2.50
Aluminum 79
Barium 66.0
Cadmium 2.9
Calcium 82000
Chromium 2.7
Copper 68.0
Iron 2300
Magnesium 12000
Manganese 59.0
Molybdenum 2.1
Potassium 13000
Sodium 12000
Strontium 490
Vanadium 9.2
Zinc 6000
Alpha Chlordane 0.054
B is(2-ethylhcxy l)phthalate 41
Gamma-CHOE 0.02
Gamma-CHLDA 0.035
Heptachlorepoxide 0.051
00-00J/3280-071,0505 B-4
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SIMPLE CARBON FILTRATION
FLOW n
~
PREFILTER
Pressure Gauge/Sample Port 7
FLOW /,
CARBON TANKS
N.T.S.
• V
The number of tanks and their sizes will be determined
by vendor
CDM FEDERAL RAC VIII
RESIDENTIAL WELLHEAD TREATMENT UNITS
NORTH BELMONT PCE SITE
CDII Pm1:1W. nooaum collPOIWIOlf GASTON COUNTY, NORTH CAROLINA ·-.. --·--
B-5
FIGURE NO.
B-1
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1.06
1.07
PERFORMANCE SPECIFICATION
A. Recognize that this is a "performance type" specification and, as such, shall design
and furnish adequate equipment and treatment systems to meet or exceed the
performance criteria specified herein.
REGULATIONS AND CODES
A. Comply with all the laws, ordinances, codes, rules and regulations of the Federal,
State, and local authorities having jurisdiction over any of the work specified herein.
1.08 JOB CONDITIONS
A. Install equipment in a way which minimizes inconvenience to individual residents.
B. Clean installation sites prior to leaving.
PART 2 PRODUCTS
2.01 GROUNDWATER TREATMENT SYSTEM
A. Each treatment unit shall be sized to handle residential flows. In some cases,
residents may require electrical and well house upgrades to handle the installation of
new groundwater systems. A minimum flow assumption of 450 gallons per day (75
gallons per day per person up to a maximum of six individuals per residence) with
carbon replacement every 16 months shall be used in sizing the units. The system
shall be capable of treating groundwater having the maximum concentrations listed
in Table I to North Carolina Groundwater Quality Standards listed for volatile
organic compounds in I SA NCAC, Subchapter 2L, Section 0200. The system shall
be designed to operate continuously 24 hours per day, 365 days per year.
B. Prefilter
I. The activated carbon system shall include upstream cartridge prefilters (a
minimum of one) to remove particulate material. Cartridge ftlters shall ·be
furnished complete with filter vessels, cartridge elements (nominal IO micron
rating), gaskets. and incidentals.
C. Activated Carbon Units
I. Provide an activated carbon adsorption system to reduce the concentrations of
organic contaminants to levels below North Carolina Groundwater Quality
Standards for volatile organic compounds (see citation above). The system shall
be a down flow. fixed-bed type system. The activated carbon filters shall include
all vessels. internals. piping, carbon media, instruments. controls. and incidentals
for a complete and operational system. Activated carbon media shall be by
Calgon Carbon Corporation or equivalent. Provide all carbon media as required
throughout the first year of operation. All filter vessels and system components
shall be constructed of corrosion-resistant materials.
00-003/3280-071/0505 B-6
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2. A minimum of two units will be provided.
3. The units shall be configured in a lead/lag relationship.
D. Sample Ports
I. Sample ports shall be placed before and atier the carbon units. They shall be
suitable forobtaining samples which will be analyzed for organic contamination.
E. System Controls and Instrumentation
I. All system controls and instruments shall be furnished for a completely
automatic, operator-free treatment system. The process instrumentation and
control system for the groundwater treatment system wi II consist of equipment
mounted instruments and controls. The system concept will be that all control
will be provided locally at the respective equipment unit.
F. System Electrical
I. Residential electrical systems shall be upgraded as required to power all
installed treatment systems.
G. System Piping, Gauges, Valves. Hoses, and Fittings
I. All piping, gauges, valves. hoses and fittings for a complete operational
residential well-head treatment units.
H. System Enclosures
I. For those residents who do not have a sufficient or suitable enclosure
(wellhouse) to cover the treatment system, a system enclosure will be provided
by the Contractor. The enclosure will protect installed system equipment as
required to ensure operation.
PART 3 EXECUTION
3.01 INSTALLATION
A.
B.
C.
00-00J/3280-071,0505
To the extent possible. all component equipment shall be installed in a way which
does not interfere with the individual residences receiving the units.
The installation of the system equipment shall be in strict accordance with the
manufacturer's technical data and printed instructions. Equipment shall be installed
on a permanent basis and supported by proper foundations.
Following completion of system installation, the system performance shall be
demonstrated to the resident.
8-7
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3.02
3.03
OPERATIONS
A. Contractor shall be responsible for all operation and maintenance of all treatment
units throughout the first year of operation.
B. Replace spent activated carbon filter material after one year of operation. If
regeneration is performed by the Contractor. all regenerative solutions and raw
chemicals shall be provided. Properly handle and dispose of any spent regenerative
solutions in accordance with Federal. State, and local regulations. Remove, handle,
and dispose of spent activated carbon media in accordance with Federal, State, and
local regulations. Remove, handle and dispose of all spent cartridge filters and other
waste materials generated by the units in accordance with Federal,_ State, and local
regulations. Repair or replace any malfunctioning equipment immediately to
minimize downtime.
TESTING
• A. Operational testing shall be of sufficient complexity and duration to fully demonstrate
the operability of all equipment and systems with respect to functionality, rate, and
capacity over the specified operating ranges of the equipment provided.
B. Testing will be performed to ensure water is being treated to North Carolina
Groundwater Quality Standards for volatile organic compounds. Samples will be
taken after the treatment columns. Samples will be taken from each of the 33
residences receiving treatment units. Samples will be taken after six months of
operation. Samples will be collected and analyzed in accordance with EPA Region 4
protocols. Samples will be analyzed for volatile organic compounds in accordance
with EPA Method SW-8260A. Sampling and analysis shall be performed in
accordance with the approved Field Sampling Plan.
00-003/3280-07 J, 0505 B-8
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Subcontract No.: 3280-071-XXX-C:-.:
Pursuant 10 Contract No.: 68-W5-0022
Subcontrac1 Effcc1ivc Date: Upon sign:iturc of both parties
ATTACHMENT B
BONDS
IKN: 3281-0.19-l'S-CONS-XXXXX
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Subcontract No. 3280-071-0XX-CN
Pursuant to Prime Contract No. 68-WS-0022
Subcontract Effective Date: Upon Signature of Both Parties
BID BOND
KNOW ALL MEN BY THESE PRESENTS. that we, the undersigned.
as Principal, and ------------------
DCN 3280-071-PS-CONS-0XXX
----------------as Surety, are hereby held and firmly bound unto
------------------as Prime Contractor in the penal sum of
------------------for the payment of which, well and truly to be made. we hereby jointly
and severally bind ourselves, successors and assigns.
Signed. this _____ day of _____________ , 20
J The Condition of the above obligation is such that whereas the Principal has submitted to
_____________ a certain Bid. attached hereto and hereby made a part hereof to enter into a contract in
writing, for the ____ ~-----------------------------------
NOW THEREFORE,
(a)
(b)
If said Bid shall be rejected. or in the alternate,
If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within the Prime Contractor may accept such Bid; and said Surety does hereby waive notice of any such IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hand and seals, and such of them as are corporation have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.
______________ (L.S.)
Principal
Surety
By: ______________ _
IMPORTANT -Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of North Carolina where the project is located.
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Subcontract No. 3280-071-0XX-CN
Pursuant to Prime Contract No. 68-WS-0022
Subcontract Effective Date: Upon Signature of Both Parties
PERFORMANCE BOND
DCN 3280-071-PS-CONS-0XXX
KNOW ALL MEN BY THESE PRESENTS, That ___________ _
and having a usual place of business in---,--,---,---::-------
a corporation duly organized and existing under the laws of
and authorized to do business in the State of North Carolina as SURETY, are hereby held and firmly bound
unto CDM Federal Programs Corporation (COM Federal) (Contractor) in the sum of
---,--,-,=-=-c==----==-=~-=----:--:c------c:----:--:---:-----,--dollars ($ ) to be paid the
said CONTRACTOR for which payment, well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said PRINCIPAL has made an Agreement with the said CONTRACTOR bearing date
----~---~~~ day of---,---,--,----=-c------=--20 for removal action construction at
the North Belmont PCE Site, in accordance with Subcontract Documents prepared by COM Federal
Programs Corporation, Consulting Engineers, which Agreement is hereto annexed, the terms of which are
herein referred to and hereby made a part of these presents; and
WHEREAS, The said surety has examined the said Agreement, its terms, covenants, conditions and
agreements, and the Drawings referred to therein, and assents thereto,
NOW THE CONDITION OF THIS OBLIGATION IS SUCH
That if the above bounden principal, its heirs, executors, administrators, successors and assigns, shall in all
things stand to and abide by, and well and truly keep and perform, the agreements, covenants. and conditions
in the said Agreement and any alteration thereof made as therein provided, on its or their part to be kept and
performed, at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the said COM Federal Programs Corporation (COM
Federal), its officers and agents, as therein stipulated.
Then this obligation shall become and be null and void; otherwise it shall be and remain in full force and
virtue.
AND the said surety, for value received. Hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the
Subcontract Documents accompanying the same shall in any wise affect its obligation on this Bond and it
does hereby waive notice of any terms of the Agreement or to the Work or to the Subcontract Documents.
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Subcontract No. 3280-071-0XX-CN
Pursuant to Prime Contract No. 68-WS-0022 DCN 3280-071-PS-CONS-0XXX
Subcontract Effective Date: Upon Signature of Both Parties
IN WITNESS WHEREOF, The said principal has caused these presents to be signed in its name and behalf
and its corporate seal to be hereto affixed by
its ____________ , and ______________ _
its _______________ , thereto duly authorized, and
the said surety has caused these presents to be signed in its name and behalf and its corporate seal to be
hereto affixed by ____ _
its ____________ , and ______________ _
its _______________ , thereto duly authorized at
________________ , on this _______ day of
, two thousand and ----------------------
PRINCIPAL ____________ {Seal)
BY ______________ {Seal)
________________ {Seal)
SURETY _____________ (Seal)
BY _______________ (Seal)
________________ (Seal)
Signed and sealed in the presence of
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Subcontract No. 3280-071-0XX-CN
Pursuant to Prime Contract No. 68-WS-0022
Subcontract Effective Date: Upon Signature of Both Parties
DCN 3280-071-PS-CONS-0XXX
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That ___________ _
and having a usual place of business in __________________ _
a corporation duly organized and existing under the lays of __________ _
and authorized to do business in the State of North Carolina as SURETY, are hereby held and firmly bound
unto COM Federal Programs Corporation (COM Federal (Contractor) in the sum of
($ ) to be paid the said CONTRACTOR for which payment, well and truly to be made, we hereby
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, The said PRrNCIP AL has made an Agreement with the said CONTRACTOR bearing date
__________ day of _______ 20 for removal action construction at the North
Belmont PCE Site, in accordance with Subcontract Documents prepared by COM Federal Programs
Corporation, Consulting Engineers, which Agreement is hereto annexed, the terms of which are herein
referred to and hereby made a part of these presents; and
WHEREAS, The said surety has examined the said Agreement, its terms, covenants, conditions and
agreements, and the Drawings referred to therein, and assents thereto,
NOW THE CONDITION OF THIS OBLIGATION IS SUCH
That if the above bounden principal, its heirs, executors, administrators, successors and assigns, shall in all
things stand to and abide by, and well and truly keep and perform, the agreements, covenants, and conditions
in the said Agreement and any alteration thereof made as therein provided, on its or their part to be kept and
performed, at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the said COM Federal Programs Corporation (CDM
Federal), its officers and agents, as therein stipulated.
Then this obligation shall be come and be null and void; otherwise it shall be and remain in full force and
virtue.
AND the said surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement ofto the Work to be performed thereunder or the
Subcontract Documents accompanying the same shall in any wise affect its obligations on this Bond and it
does hereby waive notice of any terms of the Agreement or to the Work or to the Subcontract Documents.
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Subcontract No. 3280-071-0XX-CN
Pursuant to Prime Contract No. 68-WS-0022 DCN 3280-0_7 l-PS-CONS-0XXX
Subcontract Effective Date: Upon Signature of Both Parties
IN WITNESS WHEREOF, The said principal has caused these presents to be signed in its name and behalf
and its corporate seal to be hereto affixed by
its ____________ , and _______________ _
its _______________ , thereto duly authorized, and
the said surety has caused these presents to be signed in its name and behalf and its corporate seal to be
hereto affixed by ____ _
its--------~----' and _______________ _
its ________________ , thereto duly authorized at
________________ , on this _______ day of
_______________ , two thousand and _______ _
PRINCIPAL ____________ (Seal)
BY _______________ (Seal)
________________ (Seal)
SURETY _____________ ,(Seal)
By _______________ ,(Seal)
________________ (Seal)
Signed and sealed in the presence of
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Subcontract No. 3280-071-0XX-CN
Pursuant to Prime Contract No. 68-WS-0022
Subcontract Effective Date: Upon Signature of Both Parties
CONSENT OF SURETY
DCN 3280-071-PS-CONS-0XXX
KNOW ALL MEN OF THESE PRESENTS, That for and in consideration of the sum of$1.00. lawful
money of the United States, the receipt whereof is hereby acknowledged, paid the undersigned corporation, and for other valuable consideration, the ____________ corporation
(Name of Surety Company)
organized and existing under the laws of the State of ____________ and licensed to do
business in the State of North Carolina certifies and agrees, that if Subcontract
IS ------------awarded to
(Name of Bidder)
the undersigned corporatiqn will execute the bond or bonds as required by the Subcontract Documents and will become surety in the full amounts set forth in the Subcontract Documents for the faithful performance of
all obligations of the Subcontractor.
I (To be accompanied by the usual proof of authority of officers of surety company to execute the same.)
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Subcontract No.: 3280-071-XXX-CN
Pursuant to Contract No.: 6S-W5-0022
Subcomract Effective Date: Upon signature of both p:mics
ATTACHMENT C
DCN: 3281-0,19-PS-CONS-XXXXX
U.S. DEPARTMENT OF LABOR
WAGE DETERMINATION,
GENERAL DECISION NUMBER XXXXX
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Subcontract No.: 3.280-071-XXX-C>,'
Pursuant to Contract No.: 68-W5-0011
Subconm1c1 Effccti\'c Date: Upon signature of both panics
ATTACHMENT C
To be provided upon receipt from the EPA Contractor Officer.
DCN: 32&!-0.JCJ-1'S-CONS-XXXXX