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HomeMy WebLinkAboutNCD980602163_19970521_Warren County PCB Landfill_SERB C_Environmental Investigations, 1994 - 1997-OCR6t! ,1;,I(<- ~ i State of North Carolina ,_ I "--_ Department of Environment, p~f,.,,,,. Health and Natural Resources fo._,1/1/4-/ f General SeNices Division {./A_ James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Laird Davison, Director ~-~·:-.-:~ :·-. "~ ,/". .... " .:· .j\ £{) ''t ... / ; :,lid Westo ·\. 1 rHAY 28 1997 ! AMENDMENT NO. 1 ~v/ AMENDMENT TO CONTRACT NUMBER N7020 ~ ,. --~---:-~f-BETWEEN ENVIRONMENTAL INVESTIGATIONS AND THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEAL TH AND NATURAL RESOURCES Pursuant to paragraph eleven of Contract Number N7020, the Department wishes to amend the contract to add $4,744.00 to cover the cost of additional wells. The total amount of the contract will not exceed SEVENTY-FOUR THOUSAND THREE HUNDRED FIFTY-NINE DOLLARS ($74,359 .00). Please indicate acceptance by your signature below. Approved: ::::::t,,~AJ 0-0 ~~ Laird A . Davison, DEHNR Environmental Investigations Return one (1) duplicate original to: Doris E. Strickland, Chief, Purchase and Contract Section, DEHNR Divi[\,r1_of General Services, PO Box 27687, Raleigh, NC 27611-7687. cc: Mike Kelly, Division of Waste Management DEHNR Office of the Controller DUPLICATE ORIGINAL P.O. Box 27687 , Raleigh, North Carolina 27611-7687 N{JC Voice 919-733-9746 An Equal Opportunity Affirmative Action Employer 50"/o recycled/10"/o post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Solid Waste Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary William L. Meyer, Director AVA DEHNR April 22, 1997 MEMORANDUM TO: FROM: Dee Strickland t Mike Kelly, Deputy Director ., \~( v~ld'o SUBJECT: CHANGE IN SCOPE/ ADDIT ON TO CQNT-RA We have completed work with Environmental Investigations, Contract #69615 for the digging and installation of monitoring wells at and around the PCB Landfill in Warren County. Environmental Investigations did an excellent job working with us, often in adverse conditions, and remained flexible throughout this project. During this type of project, you often encounter a variety of problems due to unknown and unpredicted situations, such as rock formations, etc. We had several such situations during this project. However, Environmental Investigations worked with us to find the best and quickest solutions. It was necessary for us to add three additional wells to the scope of work: One was another 4 inch off site well, and then two additional 2 inch on site wells. These wells could not have been easily pre-planned as they became necessary after substantial information about the site topography was gained during the course of the work. I have worked with Environmental Investigations and gone over those additional charges that I feel are indeed appropriate for the extra wells, and have agreed to an change order of $4,743.49, which brings the total of this contract to $74,358.49. This work has been completed and is satisfactory to the division and the Warren County Working Group. I would appreciate you support in the change order. Thank you! P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-4996 FAX 919-715-3605 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper ENV . INVE STIG ATIONS .. TEL:1-91 9-544-7500 April 22, 1997 Mr. Michael Kelly, Deputy Director Division of Waste Management Department of Environment, Health and Natural Resources P.O. Box 27687 Raleigh, North Carolina Re: Invoice for Services Warren County Groundwater Monitoring Well Installation Change in Services Order EI Project No. 15-702-182 Mr. Kelly: This letter has been written to request a change order for the above referenced project. The completed project resulted in the installation and development of three (3) additional groundwater wells not requested in the initial bid documents. A total 18 wells were in$talied (l 4 2" and four 4") during the duration of the project. Please note this project required a significant number of additional hours over the initial bid document due to 1) the installation of additional wells; 2) adverse site conditions; 3) additional oversight and de.velopmcnt time for the addit ional wells. The bid price for this project was initially at$ 69,615 .00. The final invoice for work performed was$ 74,358.49. The resulting difference between the initial bid and the final project total is therefore S 4,743.49. This diffe.rence between the initial bid and the final project expense is du e to the addicional field oversight time required to complete the this project. EI respectfully request:; a change order for$ 4,743.49 to include the additional effort required to complete this project. Please note that Invoice No. 006988 (total $ 73,518.48) was generated prior to final internal hilling and accounting was complete. Please excuse any inconvenience caused by the generation of a interim project invoice. A revised invoice will be generated for your records. EI appreciates the opportunity to pro~idc environmental consulting services to lhe Division. lf there arc any questions concerning this letter, please do not hesitate to contact me at (919) 544- 7500. Sincerely, X)~/'/ f I~ Gregory P. Lathan, President Environmental Investigations ENV . I~V ESTIGATION S TEL:1-919-544-7500 APR-22-1997 Mr. Michael A. Kelly NC DEHNR Division of Solid Waste Management 401 Oberlin Road, suite 105 Raleigh, NC 27605 Apt~ 22 97 14 : 47 t·.Jo. 015 F·. (i":: "' .,_....,.,.111',A,'~1.: ... ....,__,lt.U').M In reference to: Monitoring well installation INVOICE NO.: 006988R Dear Mr. Kelly: Our Project No.: 0015-702-18 2 Environmental Investigations, P.A. is submitting this invoice for the above referenced project. The amount due as detailed on the following pages is: $74,358.49 Environmental Investigations, P.A. appreciates the opportunity to provide environmental services for your company. If you have any quest.ions concerning this invoice, plec.se do not hesitate to call (919) 544-7500. Sincerely, Gr ego ~y P. ~atha~ Pres idem:: ---------.------------~---------------------------~-------------- PLEASE NOTE: Ou~ records indicate other unpaid invoices to~aling: .00 ENV . IMVE S1IGRTION S TEL:1-919-544-7500 Envirormental lnvestliet!ons, !l"IC. Project Oetell Charges Report From 01/01/97 Thru 05/31/97 !~S-702· 182 \.larren Co. ?C8·L.irct ill fee i~ CP lent 20392 HC DEHNR Division of Solid \.la~ ,vel4 0015 Air & Engineering Progr;!lms Fee Avs i lable 69615.00 Start Date 02/03/97 E m ~ l o y e e / V e n d o r- ) 7 EnvlrONnental Scientist 11 )00046 Scott H. Eden )00046 Scott H. Eden )00046 Scott H. Eden 000046 Scott H. Eden 000046 Scott M. Eden 000046 Scott H, Eden D00046 Scott H. Eden 000046 Scott M. Eden 000046 Scott H, Eden 000046 Scott M. Eden 000046 Scott H. Eden 000046 Scott H. Eden 000046 Scott H. Eden 000092 Manda f. Si.imierson 000092 Am.tir.d8 f. SliTmerson Cls Actv Period Item End Ot OOCl.l'llent Date )h.nber 107 241503/07/97 02/14/97 DAGOOl 107 214503/07/97 02/14/97 DAG001 107 230003/07/97 02/21/97 DAG001 107 214503/07/97 02/21/97 DAG001 107 241503/07/97 02/21/97 DAGOOl 107 214503/07/97 02/28/97 OAG001 107 241503/07/97 02/28/97 OAGOOl 107 214503/07/97 03/07/97 DAG001 107 241503/07/97 03/07/97 DAG001 107 214503/14/97 03/14/97 DAG001 107 241503/14/97 03/14/97 DAGOOl 107 214503/28/97 03/28/97 OAG001 107 241503/28/97 03/28/97 DAG001 •• Total 107 214503/07/97 02/21/97 DAG001 107 241503/07/97 02/21/97 OAG001 ** Total •• Total 107 16 Project Envirorrnental G~ologis 000007 David C, Brewster 116 237503/07/97 02/07/97 OAG001 000007 David c. Brewster 116 241503/07/97 02/14/97 DAGOOl 000007 David C. Brewster 000007 David C. 9rewster 116 237303/07/97 02/14/97 DAG001 116 230003/07/97 02/14/97 DAG001 16 Project Envirc~nt~l Geolo9is CCon'tl 000007 David C. Brewster 116 214503/07/97 02/21/97 DAG001 000007 David C. Brewster 000007 Dsvid C. Brewster 000007 David C. Srews,et OOOCO? David C. Br~ws t er 000007 David C. Brcws,er 116 23C003/07/97 02/21/97 DAG001 116 230003/07/97 02/26/97 DAG001 116 214503/07/97 02/28/97 OAG001 116 23CC03/07/97 03/07/97 DAGOOi 116 21~5C4/i8/97 04/18/97 DAG00) ... Total -· i0[,!1\ 116 *-lotal Labor Hours Type Qty Uni ts 7.50 Reg 24.00 Rltg 1.00 Reg 38.00 Reg 8.00 Reg 42.00 Reg 12.50 Reg 50.00 Reg 12.50 Reg 1.00 Reg 2.50 Reg 30.00 Reg 7.50 Reg 236.50 4.50 Reg 3,00 Reg 7.50 244.00 2.00 RP51 12.00 Reg 2.00 Reg 2.00 Reg 24.00 Reg 3,00 Reg 3,00 Reg 12.00 Re~ 3.00 ~e-;; 12.CO Reg 75 .co i5 .00 351.00 RGLM 3.5CCO Fr ln~e Ci & A 14 :48 No .015 P .04 ih.n Oatc Oi.;22/97 ol/o4 3 .5000 Bill Rate Sc~: ;5 0/T 6ill6ble s C:is: DI~ e;::. P/"I ::.a Si;: __ Rate Rate 50.0000 50.0000 50.0000 ;0.0000 50.0000 50.0000 50.0000 50.0000 50.0000 So.0000 50.0000 50.0000 50.0000 50.0000 50.0000 i 0.0000 70 .0000 70.0000 70.0000 7J.OOOO 70.DOOO 7J.OOOO 7'.). 0000 D .0000 7).0COO 375. co 1200.QQ 50 . 00 1900.CO 400.0C 2100.00 6Z5 .CO 2500 .CG 625.00 SO.GO 125.CO 1500.GO 373 .00 11825.00 22S.DO 150.CO 375,00 iZZOO.CO 1t.O.CC el-0. ,:,: 11.0 . o::; 14G.CC 'J I ,, -.., ... -v ..... ., -;-.-.. .... r-~. u . '-'• 5250.C.r: 17450.CC ENVIRONMENTAL INVESTIGATIONS • 2)27 Englert Drive, Suite l , 0urh.:im, NC 27713, lll (919) 544-7500 , l'AX (9 19) 54•1-2 199 EN V. I NVES 1IGATIONS TEL:1-919-544-7500 Envlrormental Investigations, Inc. Project Oeteil Charges Report From 01/01/97 Thru 05/31/97 )15·702·182 varren Co, PCB-Lardfill (Con•t) Fee Type CP .lffit 20392 NC DEMHR Division of Solid ~as Fee Avnilable 69615,00 tve{4 0015 Air & En-.!neerinr;i Progr.vns Start Date 02/03/97 =. m p t o y I!' e / Cls Ac;tv Period Oocunent ~ours Type V e n d o r I tern En:l Ot O~te Nl.llbet Oty Units )00 PROJECT DETAIL CHAAGES /l 4010·00 Contract labor 20442 SAEDACCO 20442 SAEDACCO /L 4030·00 Travel E~nses Dir&et 000046 Seott M. Eden 000046 Scott N. Eden 000046 Scott N. Eden 000046 Scott M. Eden 000046 Scott M, Eden 000046 Scott M. Edf:n 000046 Scott M. Eden 000046 Scott H. Eden 000046 Scott M, Eden 000046 Scott N. Eden (Con'tl 03/07/97 02/28/97 013630 03/31/97 03/31/97 013694 ** TotDl G/L 02/21/97 02/21/97 013351 02/21/97 02/21/97 013351 02/21/97 02/21/97 013351 02/21/97 02/21/97 013351 02/21/97 02/21/97 013351 02/28/97 02/28/97 013403 03/07/97 03/07/97 0136-43 03/07/97 03/07/97 013484 03/07/97 03/07/97 013484 03/28/97 03/28/97 013578 "* Total .,. ioc11l G/L i/L 4035·00 Personal Mil1!8gl! Reilltlurse:ment 000007 David C. Brewstl!r 000007 David C. Brtwster 000007 David c. Brewster 000007 David C. Brew~ter 000007 David C. Brew,ster 000007 D.ivid C. Brei.s:er 000007 D.ivid c. Brewster 000047 Asa 8. Roger~on G/L 4040·00 Field E~pen:.es Dire-et 10\2.3 Touchberry Gr~, Inc:-· 02/07/97 02/07/97 013337 02/14/97 02/14/97 013332 02/21 /97 02/21/97 013342 02/21/97 02/21/97 013342 02/21/97 02/21/97 0133'2 02/25/97 02/28/97 01332 7 02/2B/97 02/28/97 0133Ze "* Tot11l 02/07/97 02/07/97 013375 r• Tctal G/l 03/31/97 03/31/97 013627 Apr-22 97 14 :49 t'-lo.015 F.05 xun Oete C4 /22/97 RCU~ :L~QOO SU-t 3.5000 DI?. DB Ft i nge Bill il11te Sc.'!: 95 P/"', DB G & A C/T S i l lable ~ s · 0 SE Cos~ Rate Cost ::Hor, Rate Amour.: 54247.73 1627.50 55875 .23 55875 .23 17. 77 6.99 18.C.6 56.41 ?.co 15. T2 24.00 10.9D 49.r;6 12.EY 21 9. 7~ 21 Y. 70 79. 7Y 1 !.O. ,: 77 .3£ 7 '-. ; : E,!, .~:: c:~.: 62 .,:,-:- tN\/IRONMfNT/\1. INVESTICATIONS • 2127 fngk-rt Drive, Suil(: 1, Dlirh,1111, NC 2771.1 · Tri ('Jl'l) t,,1,1-7500. rAX (919) S44-1!99 EH'-). I n 1-./E S 1 I 13 A T I I] HS TEL:1-919-54 4-7500 Environmentol Investigations, Inc, Project Detail Charges Report From oi1oi197 Thru 05/31/97 15-702·182 Warren Co. PCB-Larcfill (COl"l' t) FN! Type lent 20392 NC OEHNR Div ision of Sol id ~es vel4 0015 Air & Er19ineering Progrems E m p l o y e e / V e n d o r Cls Ac,v Period I t~ End Dt Fee Available Start Date DocUMnt Date NI.fiber 00 PROJECT DETAIL CHARGES ~341 C8ble & uireless 03/07/97 03/06/97 013581 ..., Total G/l 'l 4045·00 Non·Reirrb.Jrs~ble Proj~t Expenses 100046 Scott I'., Eden 02/14/97 02/14/97 013307 100046 Scott M. Eden 02/14/97 02/14/97 013307 u Totol 'L 4098-00 unit Pricing -Dire-ct Ch8rges CP 69615 .00 02/03/97 Hours Ty~ Cty Uni a ,QUIP El I -EQUtl'HENT 200102/21/97 02/17/97 TEJ169 174.00 MILE ,.... Total G/L 174. 00 ,... Total Exp 174.00 .... Total 1000 525 .00 ... T iot&l PrJ Labor ""' 351.00 .,,. Total Pr j Exp ... 174,00 ,.,. To~al Project ** 525,00 ..:::....:::.. 97 14 : 4 ·~1 Ho . 015 F· . 0 f:, Run Dste Dl./22/97 ~GLM 3.SOCO 6LH 3 .5000 D 1;;: DB fr ir,ge G & A 3 l l l Rate Sc~: ;5 0/T a illable : )I P/~ CB ST, SE Cost Ef fort R8te .4500 .Amoun, 10.S7 31 .62 78.30 78.30 56908.49 ~7450.0C 56908.1,9 74 358.1.9 [NVIRONMl:NT/\l lN\/1:STICAIIONS • 23271::nglert Drive~, Suit<' 1, Durh;i m, NC 27?11 · T[I (~i1'J) !;·1'1-7:,00 · f/\X (91 9 ) '>44-2199 I APR-14-1997 Mr. Michael A. Kelly NC DEHNR Division of Solid Waste Management 401 Oberlin Road, Suite 105 Raleigh, NC 27605 In reference to: Monitoring well installation INVOICE NO.: 006988 Our Project No.: 0015-702-182 Dear Mr. Kelly: Environmental Investigations, P.A. is submitting this invoice for the above referenced project. The amount due as detai led on the following pages is: 73,518.48 Environmental Investigations, P.A. appreciates the opportunity to provide environmental services for your company. If you have any questions concerning this invoice, please do not hesitate to call (919) 544-7500. Sincerely, ~~)£ f7 ,;/4 ~ Gregory P. Lathan President ---------------------------------------(-------~--------------- PLEASE NOTE: Our records indicate other unpaid invoices totaling: .00 ~~ ~u0 ,(__~ ~j~'H>B-Lft ~70-0 I J ' ' C:r~~--\--~ 0 0~ .. \ -~: ~.,.._. "-.) ~ . ~L,u -~ ~ I ~ ~ ~v ~ ~~ \ ~~ ~~ D'---~&_ N6 '-->--~ o ,-J~ ~ .\A,_._ ~ ~L~ ux_~ '(('1 - APR-14-1997 Mr. Michael A. Kelly NC DEHNR Division of Solid Waste Management 401 Oberlin Road, Suite 105 Raleigh, NC 27605 L A B O R & E X P E N S E LABOR DETAIL HOURS Groundwater Assessment David C. Brewster 03/07/97 24.00 David C. Brewster 03/07/97 12.00 *** 36.00 Scott M. Eden 03/07/97 24.00 Scott M. Eden 03/07/97 38.00 Scott M. Eden 03/07/97 42.00 Scott M. Eden 03/07/97 50.00 Scott M. Eden 03/14/97 1.00 Scott M. Eden 03/28/97 30.00 *** 185.00 Amanda F. Summerson 03/07/97 4.50 *** 4.50 Project Management David C. Brewster 03/07/97 2.00 David C. Brewster 03/07/97 3.00 David c. Brewster 03/07/97 3.00 Da v id C. Brewster 03/07/97 3.00 *** 11. 00 Scott M. Eden 03/07/97 1.00 *** 1.00 Site Plan Preparation David c. Brewster 03/07/97 2.00 David C. Brewster 03/07/97 2.00 *** 4.00 Travel D E T A I L RATE AMOUNT 70.00 2,520.00 50.00 9,250.00 50.00 225.00 70.00 770.00 50.00 50.00 70.00 280.00 ENVIRONMENTAL INVESTIGATIONS • 2327 E glert Dri\e, Suite 1, DurhJm, NC 277n · TEL (919) 544-7500. FAX (919) 544-2199 APR-14-1997 Mr. Michael A. Kelly NC DEHNR Division of Solid Waste Management 401 Oberlin Road, Suite 105 Raleigh, NC 27605 L A B O R & E X P E N S E LABOR DETAIL Travel David C. Brewster 03/07/97 *** Scott M. Eden 03/07/97 Scott M. Eden 03/07/97 Scott M. Eden 03/07/97 Scott M. Eden 03/07 /97 Scott M. Eden 03/14/97 Scott M. Eden 03/28/97 *** Amanda F. Summerson 03/07/97 EXPENSE DETAIL Contract Labor SAEDACCO *** 013630 02/28/97 013694 03/31/97 *** Travel Expenses Direct Scott M. Eden 013351 02/21/97 HOURS 12.00 12.00 7.50 8.00 12.50 12.50 2.50 7.50 50.50 3.00 3.00 -------- 307.00 QTY D E T A I L RATE 70.00 50.00 50.00 RATE AMOUNT 840.00 2,525.00 150.00 16,610.00 AMOUNT 55,875.23 ENVIRONMENTAL INVESTIGATIONS • 2327 Englert Drive, Suite 1, Durk1m, NC 27713 · TEL (919) 544-7500. FAX (919) 544-2199 APR-14-1997 Mr. Michael A. Kelly NC DEHNR Division of Solid Waste Management 401 Oberlin Road, Suite 105 Raleigh, NC 27605 L A B O R Travel Expenses Direct Scott M. Eden 013351 013351 013351 013351 013403 013643 013484 013484 013578 & 02/21/97 02/21/97 02/21/97 02/21/97 02/28/97 03/07/97 03/07/97 03/07/97 03/28/97 *** Personal Mileage Reimbursement David C. Brewster 013337 013332 013342 013342 013342 013327 013328 Asa B. Rogerson 02/07/97 02/14/97 02/21/97 02/21/97 02/21/97 02/28/97 02/28/97 *** 013375 02/07/97 *** Field Expenses Direct E X P E N S E QTY D E T A I L RATE AMOUNT 219.70 582.73 120.90 ENVIRONMENTAL INVESTIGATIONS • 2327 Englert Drive, Suite 1, DurhJm, NC 27713 • T[L (919) 544-7500 • F,'\X (9 19) 544-2 199 APR-14-1997 Mr. Michael A. Kelly NC DEHNR Division of Solid Waste Management 401 Oberlin Road, Suite 105 Raleigh, NC 27605 L A B O R & E X P E N S QTY Field Expenses Direct Touchberry Group, Inc. 013627 03/31/97 *** Cable & Wireless 013581 03/06/97 *** Unit Pricing -Direct Charges EII -EQUIPMENT Company Vehicle Mileage 174.00 TEJ169 02/17/97 -------- *** 174.00 E D E T A I L RATE MILE .4500 ** Total Project 0015-702-182 AMOUNT 21. 05 10.57 78.30 56,908 .48 73,518 .48 ENVIRONMENTAL INVESTIGATIONS • 2327 Englert Drive, Suite 1, Durham, NC 27713 • TEL (919} 544-7 500 • FAX {919} 544-2199 • ! .. t al!..,bUiilDCDt, ~ and Naan1 lwaa DtriaoD olo.-.1 ..... AGREEMENT INFORMATION b l. PAR.TIES 10 nns AOR.EEM£NT: A.~:-:-:---------------, 8. f"""'!::---------------Cuaaw ement Mike Kelly 2. nn.EOFAGREEMENT: 733-4996 1x 201 . ... . Environmental ON 0 awanyowned tJ W'ClffllftCJIW'Md CaNad • Dave Brewster Monitoring Well Installation 1 O~owned ODOrW abow 3. l'URPOSEOFAGREEMENT: Install 12 monitoring wells around landfill, 3 off-site ◄. TIME PERIOD OF AGREEMENT: Bqinnins Date __.1_/ --1]_/-21- Mcndi Day Ym 5. AGREEMENTSTATIJS: [jXNew O Continuin& 0 R.eviaed Y=r of Initial ,¼reement ___ _ 6. FISCAL INFORMATION: Doe, this qreement involve dilbunement cf funda? 0 from Dept. 0 to Dept. D No 1::~,615.00 SUBHEAD: Fund 21 o 3 Bud get Code: 24300 OBJ536989 PR.OQ ____ _ GENERAL SERVICES USE ONLY . PAYMENT SCHEDULE: 7 Provide installation of 15 groundwater monitoring wells at and near . NEED STATEMENT: the PCB Landfill for sampling and analytical testing 8. JUSTIFlCA TION: Wells are needed to accurately look at the groundwater around the landfill to determine if contamination is nresent DEHNR 2SOO (Jlcviaed 11/89) ~~(Jt.-v.7/91\ STATE OF NORTH CAROLINA COUNTY OF WAKE CONTRACT NO. N7020 CONTRACTOR'S FEDERAL 1.D. OR SOCIAL SECURITY NO. 56-1646239 THIS AGREEMENT, made and entered into this 27th day of January, 1997, by and between Environmental Investigations, hereinafter referred to as "CONTRACTOR", and North Carolina Department of Environment, Health, and Natural Resources, hereinafter referred to as "DEPARTMENT"; W I T N E S S E T H: THAT WHEREAS, the CONTRACTOR has submitted to the DEPARTMENT a proposal for the performance of certain technical or professional services; and WHEREAS, the DEPARTMENT desires to enter into a contract with the CONTRACTOR to perform the services set out in the proposal; NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows: 1. The CONTRACTOR hereby agrees to perform in a manner satisfactory to the DEPARTMENT, construct monitoring wells at the PCB Landfill as described in Proposal No. PCB LF2 and the amendment to proposal dated November 18, 1996. Work will be conducted in accordance with the Contractor's response to the proposal dated November 27, 1996. 2. The DEPARTMENT hereby agrees to pay the CONTRACTOR a sum of money not to exceed SIXTY NINE THOUSAND SIX HUNDRED FIFTEEN DOLLARS ($69,615.00), said sum to be full and complete compensation for services to be rendered under this agreement. (a) Payment for services will be made upon receipt of an invoice from the CONTRACTOR documenting the costs incurred in the performance of work under this contract. (b) Invoices are to be submitted to the Contract Administrator at least quarterly. Final invoices must be received by the DEPARTMENT within 45 days after the end of the contract period. (c) Amended or corrected invoices must be received by the Office of the Controller within six months after the end of the contract period. Any invoices received after six months will be returned without action. 1 of 5 CONTRACT NO. N7020 3. The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the DEPARTMEN"f. 4. The CONTRACTOR agrees that the State may have the right to audit the records of the CONTRACTOR pertaining to this contract both during performance and for 36 months after completion or termination. The CONTRACTOR must retain all records relating to this contract and allow employees or agents of the DEPARTMENT to inspect such records during the period of time set out herein. 5. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the· services under this agreement. Such personnel shall not be employees of the DEPARTMENT. 6. The CONTRACTOR shall not substitute key personnel assigned to the performance of this contract without prior approval by the Contract Administrator. The following individual is designated key personnel for purposes of this contract: C. R. Newman. 7. None of the work to be performed under this contract which involves the specialized skill or expertise of the CONTRACTOR or his employees shall be subcontracted without prior approval of the Contract Administrator. In the event the CONTRACTOR subcontracts for any or all of the services or activities covered by this contract: (a) The CONTRACTOR is not relieved of any of the duties and responsibilities provided in this contract; (b) The subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the CONTRACTOR to comply with these standards, and; (c) The subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. 8. The services of the CONTRACTOR are to commence on the 3rd day of February, 1997, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this agreement, but in any event, all of the services required hereunder shall be completed by the 30th day of March, 1997. 9. If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner the obligations under this agreement, the DEPARTMENT shall thereupon have the right to terminate this contract by giving written notice to the CONTRACTOR of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the CONTRACTOR shall, at the option of the DEPARTMENT, become its property, and the CONTRACTOR 2 of 5 CONTRACT NO. N7020 shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The CONTRACTOR shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any_ breach of this agreement, and the DEPARTMENT may withhold payment to the CONTRACTOR for the purpose of set off until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. 10. This contract may be terminated by either party upon thirty (30) days notice given in writing by one party to the other. If the contract is terminated, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become its property. Termination of the contract by the CONTRACTOR shall not prohibit the DEPARTMENT from seeking remedy for additional costs consequential to the termination, which are incurred by the DEPARTMENT. If the contract is terminated by the DEPARTMENT as provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the CONTRACTOR covered by this agreement; for costs of work performed by subcontractors for the CONTRACTOR provided that such subcontracts have been approved as provided herein; or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The CONTRACTOR shall repay to the DEPARTMENT any compensation he has received which is in excess of the payment to which he is entitled herein. 11. The DEPARTMENT may, from time to time, request changes in the scope of the services of the CONTRACTOR to be performed under this agreement. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT, shall be incorporated in written amendments to this contract. 12. Any information, data, instruments, documents studies or reports given to or prepared or assembled by the CONTRACTOR under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the DEPARTMENT. 13. The filing of a petition in bankruptcy or insolvency by or against the CONTRACTOR shall terminate this agreement. 14. The CONTRACTOR shall not assign or transfer any interest in this agreement. 3 of 5 CONTRACT NO. N7020 15. No reports, maps or other documents produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 16. It is agreed between the parties hereto that the place of this contract, its situs and forum, shall be Wake County, North Carolina, and in said County and State shall all matters, whether sounding in contract or tort relating to the validity, construction, interpretation and enforcement of this agreement, be determined. 17. The CONTRACTOR agrees that he shall be responsible for the proper custody and care of any State owned property furnished for use in connection with the performance of this contract and will reimburse the State for its loss or damage. 18. This contract represents the entirety of the agreements and covenants between the DEPARTMENT and the CONTRACTOR with respect to the subject matter hereof and accordingly cannot be amended or modified except by written instrument executed by the parties hereto. 19. The CONTRACTOR agrees to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities and suits of any nature whatsoever to the extent they arise out of, because of, or due to the negligent or wrongful act of omission by the CONTRACTOR, its agents or employees. 20. The DEPARTMENT does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to any action based on this contract. 21. The parties certify and warrant that no gratuities, kickbacks or contingency fee(s) were paid in connection with this contract, nor were any fees, commissions, gifi:s or other considerations made contingent upon the award of this contract. 22. The CONTRACTOR certifies that it (a) has neither used nor will use any appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom CONTRACTOR or its subtier contractor(s) or subgrantee(s) will pay with profits or non- appropriated funds on or after December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material changes occur in their use. 23. The CONTRACTOR certifies that he is in compliance with "Attachment I" Assurances-Non Construction Programs. 24. The Americans with Disabilities Act (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws 4 of 5 CONTRACT NO. N7020 discrimination against individuals with disabilities in State and local government services and public accommodations. The CONTRACTOR certifies that it and its principals and subcontractors will comply with regulations in A.D.A. Title I (Employment), Title II (Public Services), and Title Ill (Public Accommodations) in fulfilling the obligations under this agreement. 25. Mike Kelly is designated as the Contract Administrator (project coordinator) for the State. However, any changes in the scope of the contract which will increase or decrease the CONTRACTOR'S compensation shall not be effective until they have been approved by the DEPARTMENT Head or Authorized Agent. IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have executed this agreement in duplicate originals, one of which is retained by each of the parties, the day and year first above written. CONTRACTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEAL TH, AND NATURAL RESOURCES Byb~ ~,6,~ -JJonathan B. Howes, Secretary Contractor's Signature' / Gregory P. Lathan Typed Name WITNESS: Signature Approved as to Form: Attorney General of North Carolina ,... __ . ·--' ·r c · .. •. ~; : .. ~::.;-.:--j s~~:11i~:~ ------------' ·,.B_,2)>£1.,1,: A 0 , , (] ~vvV.:1-<~ 5 of 5 Department Head's Signature or Authorized Agent WITNESS: '--Signature Scope of Work -Part II Monitoring Wells 2.0 Background on Warren County PCB Landfill 2.0.1 Toe State ofNorth Carolina (State) owns and maintains a closed (July 1983) polychlorinated biphenyl (PCB) chemical waste landfill permitted in accordance with the Toxic Substance Control Act (TSCA) and 40 CFR Part 761. 2.0.2 Toe PCB landfill is located on the East side of SR 1604 approximately 1.5 to 2.0 miles from the intersection of SR 1604 and US 401 South, 2-3 miles from Warrenton, North Carolina. 2.0.3 Toe State is committed to detoxification of the PCB landfill utilizing appropriate and feasible technology. 2.0.4 Toe State has established a Joint Warren County/State PCB Landfill Working Group (Working Group) to evaluate technologies and tasks associated with the detoxification of the landfill. 2.0.5 Toe Warren County PCB Landfill has four (4) existing monitoring wells designated as MW-I, MW-2, MW-3, and MW-4 located approximately east, north, west and south respectively from the fenced in area of the landfill. These are shown on Figure 1 of this RFP. 2.0 .6 Toe purpose of the RFP is to construct additional groundwater monitoring wells in order to determine any extent or degree of contamination external to the landfill. Any contaminated soil material and/or groundwater may require detoxification in addition to the landfill contents which may effect technology and scale of detoxification effotts. 2.0.7 Organic contamination will be determined by the least available analytical methods for trace orgnaics. Decontamination of all equipment and devices utilized in the construction of the wells is essential. 2.1 Conceptual design considerations for the monitoring wells. 2.1.1 Toe location and identification of the new monitoring wells required per this RFP are as described below and are shown in Figure 1. Well ID # Ikruh Location MW-IA Shallow East of the landfill ~25' from the fenceline MW-lB Deep East of the landfill ~25' from the fenceline MW-3A Deep West of the landfill ~25' from the fenceline MW-4A Deep South of the landfill ~25' from the fenceline MW-5 Shallow Northeast comer of the landfill ~25' from the fenceline MW-SA Deep Northeast comer of the landfill ~25' from the fenceline MW-6 Deep In the southeast draw as shown in Figure· 1 MW-7 Shallow Southwest comer of the landfill ~25' from the fenceline MW-7A Deep Southwest comer of the landfill ~25' from the fenceline MW-8 Deep In the northeast draw as shown in Figure 1 MW-9 Deep In the northern draw as shown in Figure 1 MW-10 Deep In the western ·draw as shown in Figure 1 2 .1.2 The shallow wells are to be screened in the upper 10 feet of the aquifer. 2.1.3 All deep wells are to be drilled to auger refusal ( 100 blows per foot). The deep wells are to be screened from auger refusal elevation to 10 feet above auger refusal. NOTE: Wells MW-8, MW-9, and MW-10 are to be handled slightly differently as described in Section 2.1.4 2.1.4 Wells MW-8, MW-9, MW-10 are to be drilled to auger refusal (greater than 100 blows per foot). If there is a greater than 30 foot saturated zone above auger refusal then 2 nested wells will be installed at that location. All nested wells will be screened as follows: The deeper wells will be screened from auger refusal elevation to an elevation 10 feet above the auger refusal. The shallow wells will be screened in the upper 10 feet of the aquifer. 2.1.5 The monitoring wells are to be constructed in accordance with the following requirements. The relevant sections pertaining to monitoring wells as contained in Title 15A North Carolina Administrative Code Subchapter 2C - "Well Construction Standards". The US Environmental Protection Agency -Region 4, "Environmental Investigations Standard Operating Procedures and Quality Assurance Manual" (May 1996) or equivalent. Applicable ASTM standards. 2.1 .6 Design of appropriate slug and/or pumping tests on selected wells. 2.1. 7 All wells are to be constructed with stainless steel casing and stainless steel screen. 2.1.8 All drill cuttings are to be containerized in 55 gallon drums. 2.2 Deliverables 2.2.1 Bid proposals are to be submitted for: -Mobilization -Decontamination -Materials -Drilling -Slug and/or pumping tests -Cost per foot and total cost based on adherence to the EPA Standard Operating Procedures and Quality Assurance Manual noted in 2.2.5 of this RFP. -Cost per foot and total cost with alternatives to the EPA Standard Operating Procedures and Quality Assurance Manual that are equivalent. 2.2.2 The division requests itemized pricing with a summed total. 2.3 Criteria for selection of respondent 2.3.0 Appropriate design and technology proposed 2.3.1 Demonstrated experience and qualifications for landfill project with emphasis on North Carolina projects. 2.3.2 Cost of bid submittals. Evaluation on cost per foot following EPA procedures will receive priority. Any proposed alternative that is technically equivalent may be considered. 2.3 .3 Financial capacity for assurance of performance and environmental impairment protection. 2.3.4 Past performance with respect to working relationships with clients and compliance with project cost, schedules and management of change orders 'resulting from unanticipated activities. 2.3.5 Capability and commitment to work with the Department and citizens working group. 2.4 Process for selection of respondent 2.4.1 RFP sent to approximately 20 companies that have experience in working on landfill projects in North Carolina. . 2.4.2 PRE-BID CONFERENCE TO BE HELD AT: 401 OBERLIN ROAD, RALEIGH, NORTH CAROLINA, 27605 IN CONFERENCE ROOMS #1 & #2 On Monday, November 18, 1996 AT 9:30 AM. Technical presentation by DWM staff, respond to questions and provide specific data needed for project. Members of the joint State/Warren County Working Group will be encouraged to participate in the pre-bid conference. (Attending pre-bid conference will be a prerequisite for consideration of bid proposals). A site visit to the landfill will follow the pre-bid conference. 2.4.3 A bid response date has been set for 12:00 noon, Monday, December 2, 1996. 2.6.4 All re.:.pondents submittals will be reviewed and a selection of at least 3 proposals will be submitted for review to the Working Group. The Working Group may request a presentation from the 3 selected proposals. 2.4.5 The Working Group will make a recommendation .to the Department for final selection of a contractor. 2.5 File information is available for review. Respondents should contact Pat Williamson, at (919) 733-4996, ext. 337 for a schedule of file reviews, or call Michael A. Kelly at extension 201 for other questions. 2.6 Attachments 2.6.1 Monitoring well location map -Figure 1 2.6.2 Location/vicinity maps -Figures 2 and 3 2.6.3 Two 3.5" diskettes of the US EPA Region IV "Environmental Investigations Standard Ope:-ating Procedures and Quality Assurance Manual (May 1996) Final RFP Rmsion November 5, 1996 State of North Carolina Department of Environment, Health and Natural Resources General Services Division James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Laird Davison, Director Mr. Dave Brewster Environmental Investigations 2327 Englert Drive, Suite 1 Durham, North Carolina 27713 Dear Mr. Brewster: January 31, 1997 Enclosed please find two (2) signed duplicate originals of Contract No. N7020 between Environmental Investigations and the Department of Environment, Health and Natural Resources. I would appreciate your executing these documents and returning one (1) duplicate original to my office within 30 days. Until such time that this contract is signed by al I parties and returned, the process for payment cannot be completed. Invoices and matters regarding work to be performed should be directed to the Contract Administrator, Mike Kelly, Division of Waste Management, PO Box 29603, Raleigh, NC 27626-0603, phone (919) 733-4996, Ext. 201 . Should you have questions regarding the contract, you may contact me at (919) 715-3893. Please return one original signed contract to: Doris E. Strickland, Chief, Purchase & Contract Section, Division of General Services, DEHNR, PO Box 27687, Raleigh, NC 27611-7687. Sincerelf, , /)_ 1 ,I) ') ,. -)-Yi . ~-t u 1?_0 <2 < lJ r✓ u .:: z tti-,~ "'' 1 Doris E. Strickland, Chief Purchase & Contract Section DES:kn cc: Mike Kelly P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-9746 IWllff&!OSl&S&Zi¼f.i An Equal Opportunity Affirmative Action Employer 50°1o recycled/lO°lo post-consumer paper cc-:JJ,1/ ~- :o/E..tlaCWDCIIC.ffa!m.andNausllwal Dlrilk:a olo...J s.-- AGRE£MENT INFORMAnON l. PARTIES TO nns AOllEEMENT: A....-.:::--:-:---------------, ement Mike Kelly 733-4996 1x 201 . ... . ON C INn0rity owned Cwananaowllld c:an..c:t • Dave Brewster 2. 1lTl.E OF AGREEMENT: Monitoring Well Installation 1 C~owned 0111:W UIOft 919-544-7500 3. PURPOSE OF AGREEMENT: Install 12 monitoring wells around landfill, 3 off-site 4. 11M.E PERIOD OF AGREEMEm': Bqinn1ns Date _.1_/-11.../-2.L Mondi Day Yar Endins Date _JW_l__/j]_ Mandi Day Yam 5. AGREEMENT STATUS: ~~ 0 Continuina O Reviled Year o( lnJtiaJ A,reement ___ _ 6. FISCAL INFORMATION: Doc, thla qreement Involve disbursement of funda? 0 Erom Dept. 0 to Dept. 0 Ne, 1::~, 615. 00 SUBHEAD: Fund 2103 B d Cd 24300 u get o e: OBJ536989 RCC PROO ____ _ GENERAL SERVJCES USE ONLY PAYMENT SCHEDULE: ?. NEEDSTAnMENT: Provide installation of 15 groundwater monitoring wells at and near the PCB Landfill for sampling and analytical testing 8. JUSllFlCA TION: Wells are needed to accurately look at the groundwater around the landfill to determine if contamination is present DEHNJt 2500 (Rmaed 11/89) 0enua1 Sc:rv&a. rim-7/91, Pqc_or_ N.C. Depanmmt ofEn,·ironment. Heallh, and NaninJ Resources Division of General Services C01'1TRACT BUDGET 2/1/97 ------Waste Management Contract No. _____ _ £ffcctivc Date Division/Section/Program Contract System No. _______ _ 6/ 1//97 --------For Fiscal Year 199 7 Purchase Order No. ____ _ 1 mnination Date Revision No. 0 0 Contractor: Environmental Investigations Pwpose: Monitoring Wells Project Director: __ D_av_e_B_r_e_w_s_t_e_r __________ Total Bud&et: $6~9~6:..;:;l...:.5.:. • .la:.o~o ________ _ ITEM DESCRIPTIO~ Dig/install 15 groundwater monitoring wells at/near the PCB Landfill in Warren County Budget Code 24300 2103 536989 ----FUND OBJ RCC Contractor Authorized Official DEK'.'R 202 (Rrvisrd 1194) Grncral Stf\•ius Oi,·ision (Rc,·icw 1196) PROG ITEM CONTRACTOR NO. AMOUNT I 1 69,615Joo I I I DEHSR CONTRACT AMOUNT I 69,615 bo fa-,µAC.~ DEHNR fiscal Management N.C.0..-• -I !nYlraamcll!, Halm. and Namnl lwca DITillaD ol o...l s.-- AGREEMENT INFORMATION l l. PARTIES 10 nns AGREEMENT: A......,~---------------i BILL MEYER (919)733 14996 PCB LANDFILL 2. nnE OF AGREEMENT: R DEHNJl USE ONLY B. -----------------CuuaiCM PAULINE EWALD . ... . 3. PURPOSE OF AGREEMENT: RECOMMENDATION OF EVALUATION PROCEDURES, METHODOLOGY FOR WATER REMOVAL, DETOXIFICATION TECHNOLOGY, AND LONG-TERM CONTROLS FOR PCB LANDFILL IN WARREN COUNTY. ◄. TIME PERIOD OF AGREEMENT: Bqinnlnc Date ~_!E_/3.!:__ Endina Date .!E.._/.!:.!-I__E_ Mondi Day Yar Mondi Day Ym 5. AGREEMENT ST A l\JS: E) New O Continulna O Reviled Y car of lnidal Asreement 9J -'1 'l- 6. FISCAL INFORMATION: Does this qreement Involve disbursement of fund,? [:t&om Dept. 0 to Dept. 0 Ne, SUBHEAD: Fund _l 7_6_o __ _ OBJ 1990 RCX: 7621 PROO 0094 GENERAL SERVJC~ USE ONLY •· PAYMENT SCHEDULE: PAYMENT UPON RECEIPT OF INVOICES (PAYMENT AT RATE OF (f/5 EER HOUR; CONTRACT AMOUNT NOT TO EXCEED,$82,950) ·- 7. NEEOSTAlEMENI': SERVICES ARE NEEDED TO PROVIDE TECHNICAL EXPERTISE, GUIDANCE AND LEADERSHIP IN THE IDENTIFICATION, DEVELOPMENT, AND IMPLEMENTATION OF TASKS IDENTIFIED BY THE WARREN _COUNTY/STATE PCB WORK GROUP TO ADDR~.s THE PCB LANDFILL PROJECT. 8. JUSTIFlCA TION: DEHNR 2500 (llmted 11/89) OcnaaJ Scrvica (Lmr '7/91) CONTRACT NEEDED AS STAFF IS NOT AVAILABLE TO PERFORM THESE TASKS. . % N.C. Depenment of Environment, Health, and Natura5/tR urj-,. lv Oiviaion of General Services . '/ 0 'f f Page __L of ..L.. y CONTRACT BUDGET Contract No. e -0@@:J m@ 05/01 1 94 Effccdv~ -Da-te-- SOLID WASTE MANAGEMENT Division/Section/Program Contract System No. (z] ~ rn ~ [2] [(JW . 05 / 0 l 95 Termination Date Purchase Order No. llJ [) E) [z] @ For Fiscal Year __ _ Revision No. DD Contractor: ------------------Purpose: ------~~'i------......; ____ _ PAULINE EWALD PCB LAN.DF~ILL PAULINE EWALD o,. gi::: 11,,.. ()/.\ Q Project Director: ---------------Total Budget: $ _-o_.c_, __ J_-_ru..;;.._u _______ _ $40,00 budgeted in Revision 12-0365 for first half of this contract. Portion of the $40,000 not used in FY93-94 to be carried forward; additional funds to be budgeted in FY94-95 • . ITEM DESCRIPTION PCB LANDFILL GENERAL CONTRACTED SERVICES F /).,~d; t2 e -ry 7 Cf l70D-lffl{)-7'7t/-OO?t/ Conttactor Authorited Official OEHNR 2ffl2 (Reviled 11189) ITEM CLASS NO. SVC;CNTR blOO ' /. ~ Divlsion/SectiHcad DEHNR CONTRACTOR CONTRACT AMOUNT AMOUNT I ,f'O 10/J t), t)'T:> I .82,9591! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I t I I I I I I I I I I I I I I I ., I I I I I I I I I I I I I I I I I I STATE OF NORTH CAROLINA COUNTY OF WAKE CONTRACT NO. V _ ~ 0 J .Q CONTRACTOR'S FEDERAL I.D. OR SOCIAL SECURITY NO. 099-52-2339 THIS AGREEMENT, made and entered into this 3rd day of May, 1994, by and between Pauline M. Ewald, hereinafter referred to as "CONTRACTOR", and North Carolina Department of Environment, Health, and Natural Resources, hereinafter referred to .as "DEPARTMENT'; W I T N E S S E T H: THAT WHEREAS, the CONTRACTOR has submitted to the DEPARTMENT a proposal for the performance of certain technical or professional services; and WHEREAS, the DEPARTMENT desires to enter into a contract with the CONTRACTOR to perform the services set out in the proposal; NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows: 1. The CONTRACTOR hereby agrees to perform in a manner satisfactory to the DEPARTMENT, the work described in "ATTACHMENT A" (Scope of Work -PCB Landfill) which is incorporated as a part of this contract. 2. The DEPARTMENT hereby agrees to pay the CONTRACTOR a sum of money not to exceed EIGHTY-TWO THOUSAND NINE HUNDRED FIFTY DOLLARS ($82,950.00). This amount is based on the hourly rate and time estimates shown in "ATTACHMENT B" (Preliminary Time/Cost Estimate) which is incorporated as a part of this contract. This payment will be full and complete compensation for services to be rendered under this agreement. (a) Payment for services will be made upon receipt of expenditure reports (DEHNR 2481) or invoices from the CONTRACTOR documenting the costs incurred in the performance of work under this contract. (b) Expenditure reports/invoices are to be submitted to the Contract Administrator at least quarterly. Final expenditure reports must be received by the DEPARTMENT within 45 days after the end of the contract period. ( c) Amended or corrected expenditure reports must be received by the office of Fiscal Management within six months after the end of the 1 of 4 CONTRACT NO. V _ i Q ~ Q contract period. Any reports received after six months will be returned without action. 3. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of the DEPARTMENT. 4. None of the work to be performed under this contract which involves the specialized skill or expertise of the CONTRACTOR or his employees shall be subcontracted without prior approval of the Contract Administrator. The Contract Administrator must approve all subcontracts. 5. The CONTRACTOR is an independent contractor and assumes all responsibility for self and does, therefore, hold harmless the Contract Administrator for the DEPARTMENT, the DEPARTMENT or any other state government persons for payment of federal and state taxes and any other required payments. This Agreement will in no way be construed to constitute an employer/employee relationship. 6. The services of the CONTRACTOR are to commence on the 6th day of May, 1994, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this agreement, but in any event, all of the services required hereunder shall be completed by the 5th day of May, 1995. 7. If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner the obligations under this agreement, the DEPARTMENT shall there upon have the right to termina_te this contract by giving written notice to the CONTRACTOR of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the CONTRACTOR shall, at the option of the DEPARTMENT, become its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The CONTRACTOR shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this agreement, and the DEPARTMENT may withhold payment to the CONTRACTOR for the purpose of set off until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. 8. The DEPARTMENT may terminate this agreement at any time by notice in writing from the DEPARTMENT to the CONTRACTOR. In that event, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become its property. If the contract is terminated by the DEPARTMENT as provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio to the total compensation as the services 2 of 4 CONTRACT NO. V _ ~ Q 3 Q actually performed bear to the total services of the CONTRACTOR covered by this agreement, or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The CONTRACTOR shall repay to the DEPARTMENT any compensation he has received which is in excess of the payment to which he is entitled herein. 9. The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT. 10. The DEPARTMENT may, from time to time, request changes in the scope of the services of the CONTRACTOR to be performed under this agreement. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT, shall be incorporated in written amendments to this contract. 11. Any information, data, instruments, documents studies or reports given to or prepared or assembled by the CONTRACTOR under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the DEPARTMENT. 12. The filing of a petition in bankruptcy or insolvency by or against the CONTRACTOR shall terminate this agreement. 13. The CONTRACTOR shall not assign or transfer any interest in this agreement. 14. In accordance with Federal regulation CONTRACTOR certifies that he will riot engage in the unlawful r:nanufacture, distribution, dispersing, possession, or use of a controlled substance in the performance of this contract. 15. No reports, maps or other documents produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 16. It is agreed between the parties hereto that the place of this contract, its situs and forum, shall be Wake County, North Carolina, and in said County and State shall all matters, whether sounding in contract or tort relating to the validity, construction, interpretation and enforcement of this agreement, be determined. 17. The CONTRACTOR agrees that the State may have the right to audit the records of the CONTRACTOR pertaining to this contract both during 3 of 4 CONTRACT NO. V _ i .Q J .Q performance and for 36 months after completion or termination. The CONTRACTOR must retain all records relating to this contract and allow employees or agents of the DEPARTMENT to inspect such records during the period of time set out herein. 18. The CONTRACTOR agrees that he shall be responsible for the proper custody and care of any State owned property furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or damage. 19. Bill Meyer is designated as the Contract Administrator (project coordinator) for the State. However, any changes in the scope of the contract which will increase or decrease the CONTRACTOR'S compensation shall not be effective until they have been approved by the DEPARTMENT Head or Authorized Agent. IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have executed this agreement in duplicate originals, one of which is retained by each of the parties, the day and year first above written. CONTRACTOR By ~ rJ. £.wJj Contractor's Signature c Pauline M.Ewald Typed Name WITNESS: Approved as to Form: Attorney General of North Carolina ~ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEAL TH AND NATURAL RESOURCES } Jonathan B. Howes, Secretary Director' ---:----. _ · · ~I /\ Div. of General Services ; ~l:::4&J ({ f _ .,) a,, 1-0+--- Department Head's Signature or Authorized Agent WITNESS: Signature DUPLICATE ORIGINAL 4 of 4 ATTACHMENT_ A . SCOPE OF WORK-PCB LANDFILL I. RECOMMEND PROCEDURES FOR EVALUATION EXISTING ENVIRONMENTAL CONDITIONS AT LANDFILL 1. Develop health and safety plan for all contractor personnel and on-site observers. 2. Water fluctuation study. 3. Leachate {water in landfill) volume study. 4. Gas venting study. 5. Top liner evaluation. 6. Bottom liner evaluation. 7. Groundwater monitoring system study. 8. Leachate system evaluation. 9. Water treatment system evaluation. 10. surface water/sediment evaluation. 11. Vegetation evaluation. 12. Chemical/physical sampling and analysis including all toxic constituents and specifically dioxin and furans. 13. Human , animal and wildlife evaluations. 14. Identify indirect impacts of PCB landfill. 15. Other evaluations/studies identified by working group. II. RECOMMEND METHODOLOGY/TECHNOLOGY FOR REMOVAL OF WATER FROM LANDFILL i. Feasibility study of removing water from landfill relative to protecting landfill integrity and detoxification efforts. 2. Desfgn system for removal of water, treatment and on-site disposal. a. Alternatives include using existing systems with modifications or designing alternative system{s). III. EVALUATE POTENTIAL TECHNOLOGIES FOR DETOXIFICATION OF MATERIALS IN LANDFILL 1. Review published data on technologies including chemical, physical, biological and thermal (excluding incineration) amenable to detoxification of PCB materials. 2. Select applicable technologies. 3. Identify and select vendors with existing capability to apply selected technologies for detoxification of landfill. 4. Invite selected vendors to make presentations for proposals to detoxify landfill. Presentations should include all technical aspects and risks associated with technology, probability of success, on-site disposal of residues, schedules and budgets, cost and financial capability (liability and assets) of vendor. 5. Select applicable/successful technologies and determine cost estimates. IV. RECOMMEND DETOXIFICATION TECHNOLOGY(S) AND BUDGET FOR IMPLEMENTATION FOR FUNDING/APPROPRIATION TO GENERAL ASSEMBLY 1. Propose detailed reports and data sufficient to provide General Assembly with information to make decision for funding. 2. Plan efforts to work with elected officials at all levels to build support for detoxification. V. RECOMMEND LONG-TERM INSTITUTIONAL CONTROLS FOR OPERATION AND MAINTENANCE OF PCB .LANDFILL 1. Plans developed for monitoring and upkeep of site. 2. Responsible agencies assigned for monitoring and care of site. 3. Budgets for long-term care. 4. Contingency plans in place for unanticipated events. VI. PERFORM OTHER TASKS AS IDENTIFIED AND APPROVED BY THE JOINT WARRE~ _ _cOUNTY/STATE PCB WORKING GROUP E NVIRONMENTAL COMPLIANCE 0 RGANIZATION ATTACHMENl 6 106 Robinson Street Ashland, Virginia 23005 PROFESSIONAL "WASTE ~.fANAGEMENT CONSULTANTS (804) 798-4305 PRELil\HNARY Tll\,1E/COST ESTll\1ATE SCOPE OF ,voRK NORTH CAROLll\A PCB LANDFILL PROJECT I. RECOMMEND PROCEDURES FOR EVALUATION OF EXISTING ENVIRONMENTAL CONDITIONS AT THE SITE Perform in O\'ersight:assistance capacity for items 1-14 to include on- site obsen·ation and split sampling designated under item 12. TIME ESTIMATE: 373 man hours COST ESTIMATE: 373 man hours XS 75.00/man hour= 2 roundtrips of approximately 400 miles @ $ .25/ mile = S 28,175.00 II. RECOMMEND METHODOLOGY/TECHNOLOGY FOR REMOVAL OF WATER FROM LANDFILL Perform in an oversight/assistance capacity including written reports for listed tasks 1-2 TIME ESTIMATE: 175 man hours COST ESTIMATE: 175 man hours X $75.00/man hour= 2 roundtrips of approximately 400 miles @ $.25/ mile = S 13,325.00 . PRELL\,II,!\:-4.RY TL\fE/COST ESTL\IA.TE SCOPE OF WORK 1\7ORTH C-tROLI.\:-t PCB L4.NDFILL PROJECT PAGE2 III. EVALUATE POTENTIAL TECHNOLOGIES FOR DETOXIFICATION OF MATERIALS IN LANDFILL Perform in an oversight/assistance capacity for items 1, 2, 3 and 5 to including written reports for items 1,3, and 5 TIME ESTIMATE: 350 man hours COST ESTIMATE: 350 man hours XS 75.00/man hour...,.. 1 roundtrip of approximately 400 miles tf}:i S .25 :'mile = S 26,350.00 Time for item 4, ca1mot be estimated prior to better understanding the pool of potential vendors. ECO participation in this task will be billed on a straight time -cost basis. IV . RECOMMEND DETOXIFICATION TECHNOLOGY(S) AND BUDGET FOR IMPLEMENTATION FOR FUNDING/APPROPRIATION TO GENERAL ASSEMBLY It is not clear that ECO's assistance would be required for tasks 1 and 2 under this SOW heading. Should ·ECO's assistance be required, it would be billed on straight time + cost basis. E NVIRONMENTAL COMPLIANCE 0 RGANIZATION PRELJl,fJ/\:4.RY TJJ,fE/COST ESTIMATE SCOPE OF J:VORK NORTH C4ROLJNA PCB L4.!YDFILL PROJECT PA.GE3 V. RECOMMEND LONG-TERM INSTITUTIONAL CONTROLS FOR OPERATION AND MAINTENANCE OF PCB LANDFILL Perfonn in oversight/assistance capacity for items 1 and 4 to include preparation of detailed site closure report. It is not clear that ECO ,vould significantly in tasks 2 and 3. TIME ESTIMATE: 200 man hours COST ESTIMATE: 200 man hours XS 75.00/man hour= 1 roundtrip of approximately 400 miles @! $ .25/mile = S 15,100.00 VI. PERFORM OTHER TASKS AS IDENTIFIED AND APPROVED BY THE JOINT WARREN COUNTY/STATE PCB WORKING GROUP ECO may be available to perform additional work outside this SOW at a flat rate of S 75 .00/man hour, Senior Technical Staff, plus travel, supplies and per diem expenses at cost. TOTAL ESTI1\1ATE TI~,1E THIS PROJECT: TOTAL ESTIMATED COST THIS PROJECT: 1,098 MAN HOURS $82,950.00 E NVIRONMENTAL COMPLIANCE 0 RGANIZATION