NCD980602163_19970710_Warren County PCB Landfill_SERB C_Southwest Laboratories-OCR

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
July 10, 1997
MEMORANDUM: r(;:\
TO: DORIS STRICKL~
FROM: MIKE KELLY~ \J.....
SUBJECT: INCREASED DIOXIN
Southwest Laboratories was awarded the contract for dioxin analysis on samples from the PCB
Landfill Site Investigation / Assessment, based on their expertise and lowest price. The original
sample plan was completed last fall, and quotations were sought on an estimated 40-50 samples.
Once work began at the site on February 12, a number of field decisions had to be made as a
result of the conditions found during the investigation. This included numerous additional
samples from areas that were considered potential contaminated locations not previously
identified in the sampling plan, as well as the samples taken from the 3 additional wells which
were installed after work began. Once it was established that dioxins were present in some of the
samples, it became necessary to increase the number of samples in the area to target the extent of
contamination as well as to test the rinse water being used to clean equipment, do swipe tests on
the equipment and maintain "blanks" for cross referencing. (Dioxin testing has detection levels
in the part per quad-trillion range).
A total of 74 samples were submitted for dioxin analysis. Southwest Laboratories billed us for
the correct number and type of samples submitted to them and at the same cost as stated on their
contract. We verified the number of samples using sample logs maintained by Division of Waste
Management personnel and the science advisors.
Please approve the additional payment of$21,840.00 to Southwest Laboratories of Oklahoma.
Funds are available in the PCB Warren County account for the detoxification study currently
underway. Please call me at 733-4996 extension 203 should you have any questions or need
additional information. Thank you.
P.O. Box 27687,
Raleigh, North Carolina 27611-7687
Voice 919-733-4996 f ftiMti)JIR$M5
FAX [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post-consumer paper
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. Jayant Shringapure
January 31, 1997
Southwest Laboratory of Oklahoma, Inc.
1700 West Albany
Broken Arrow, Oklahoma 74012-1421
Dear Mr. Shringapure:
Enclosed please find two (2) signed duplicate originals of Contract No. N7018 between
Southwest Laboratory of Oklahoma, Inc. 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 [phone], Ext. 201.
Should you have questions regarding the contract, you may contact me at [phone].
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.
Sincer~ly,
I ;; ... ~111✓<_;, </ /f ,_ u-l(t u-:,(
Doris E. Strickland, Chief
Purchase & Contract Section
DES:kn
cc: Mike Kelly
P.O. Box 27687, Raleigh, North Carolina 27611-7687 N{J C An Equal Opportunity Affirmative Action Employer
_ V_o_ic_e_9_19-7 33-9.,_,__7~46-:_ ____ __Jil!Bm!M•ami.@llll!9$1iili!!l!mllllL__~5~0'l~Yo_r__1re~c;_y_y~cl~e,::i_d!..}_/l~O~%_!:P~O::'_St=:-c::::'.o~ns~u~m2.:=e~r ~pa::'.!p~e:'_l__r __
N.C. Department of En\'ironmcnt, Health, and Natural ~sources
Di\·ision of General Services
AGREE!\fENT INFOR!\L.\ TION
J. PARTIES TO TI-IIS AGREEMENT:
A.
Division
Waste Management
Section
Division (PCB Landfill)
Con\&ct Pcnon Tel1hone Number Mike Kelly 7 3-4996 X 201
B.
FOR DEHSR e,·s£ 0.\"L r
Conu-act No.
Coniract System 1'0. I Purchase Order J,;o.
Vendor Number
---------------------
LR..S. Number or Soci.&l Security Number Check if Applicable
0 J>vi/Non•Profit
73-1124327 0 Incorporated
Address (10 which checks will be mailed)
1700 West Albany
Broken Arrow, OK 74012-1421
Please check one oflhe followin1::
□ minority owned O handicapped owned
□ woman owned □ none of the abo\'e
Con\&ct Penon
J. Shringapure
Telephone Number 918-251-2858
2. TITLE OF AGREEMENT: Laboratory Services _____ .:..._ ____________________________ _
3. PURPOSE OF AGREEMENT: Provide analy tical testing on apiJrox imately 50 samples
4. TIME PERIOD OF AGREEMENT Beginning Date __ 2_/_l_/J.l__ Ending Date __ 6_/ 1 / 97
Month Day Year Month Day Year
5. AGREEMENT STATUS: .§:New D Continuing D RC\·ised Year of Initial Agreement _____ _
6. NEED STATEMENT: Specialized analytical services to test for Dioxin/Furans on
approximately 50 samples from/around the PCB Landfill in Warren County
7. nJSTIFICATION: Very specialized laboratory services to determine presence of the toxics
Dioxin and Furan in groundwater, soils and sediment at/near the Landfill.
8. FISCAL INFORMATION: Does this agreement involve disbursement offunds? D from Dept.
Federal S1&te
$ $28,560
PAYME}.."T SCHEDULE :
DEID:R 2500 (Revised 3'95)
General Ser\'ices (Review 3 '97)
Contractor Olher Special
$ $ $
536989
□ to Dept. □ No
PROG _____ _
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Piie_of_.
N.C. Department ofEn\'ironment, Health, and Nannl Resources
Division of General Services
C01'7RACT BUDGET
2 I 1 /97 ---· Waste Management Contract No. _____ _
Effective Date Division/Section/Program
Contract System No. _______ _
6 11/97 -----Termination Date
For Fiscal Year 1997 Purchase Order No. ____ _
Revision No. D D
Purpose: Laboratory testing Contractor: Southwest Laboratories of Oklahoma
Project Director: Jayant Shringapure Total Budiet: $_2_8..;.,_5_60 _________ _
ITEM DESCRJPTIO~
Provide analytical testing for dioxin/furans on
approximately 50 samples (mixture water, soil and
sediments)
Budget Code 24300
2103 536989
FUND OBJ RCC
Contractor Authorized Official
DE~ 202 (Revised 1194)
Gtneral Sel'\·i~s Division (Review 1196)
ITEM CONTRACTOR
NO. AM OUST
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1 28,560 100
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DEHl"iR
CONTRACT
AMOUNT
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28,560 I oo
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DEHNR Fiscal Management
~C. Departm~t of Environment, Health, and Natural Resources
DiYision of General Ser\'iccs
AGREEMENT INFORMATIO~
). PARTIES TO nns AGREEMENT:
A.
Division Waste Management
Section Division (PCB Landfill)
Conact Person Telj'hone Number Mike Kelly 7 3-4996 X 201
B.
FOR DEH.\'R t"S£ O.\"Lr
ff_o/lrat:tNo. p/ -o I
7 h'°3at:ttf~~ 3 ~ I 5!:1dt°f
Vendor Number
----------------------,
lR.S. Number or Social Security Number Check if Applicable
73-1124327 ff C Pvl/Non-Profit
C Incorporated
Address (to which ch"k.s will be mailed)
1700 West Albany
Broken Arrow, OK 74012-1421
Please check one of the followin~:
□ minority owned C handicapped owned
0 woman o,.ned C none of the above
Conact Pen;on
J. Shringapure Telephone Number 918-251-2858
2. TITLE OF AGREEMENT: _L_a_b_o_r_a_t_o_r..:y_s_e_r_v_i_c_e_s _______________________ _
3. PURPOSE OF AGREEMENT: Provide analytical testing on apj)roximately 50 samples
4. TIME PERIOD OF AGREEMENT: Beginning Date __ 2_/ 1 /2]__ Ending Date 6 / 1 / 9 7
Month Day Year Month Day Year
S. AGREEMENT STATUS: ~New D Continuing □ Re,.-ised Year of Initial Agreement _____ _
6. NEED STATEMENT: Specialized analytical services to test for Dioxin/Furans on
approximately 50 samples from/around the PCB Landfill in Warren County
7. JUSTIFICATION: Very specialized laboratory s ervices to determine presence of the toxics
Dioxin and Furan in groundwater, soils and sediment at/near the Landfill.
8. FISCAL INFORMATION: Does this agreement involve disbursement of funds? D from Dept.
Federal Sa1.e
$ $28,560
PAYMENT SCHEDULE:
DEID:R 2500 (Revised 3'9.5)
General Services (Review 3 '97)
Con1rat:tor Other Special
$ s $
536989
□ to Dept. □ No
PROG _____ _
l 9'7 P.,,_.r_
N.C. Depanmmt of Environment, Health., and Nanni Resources r 11
co~;;:;er;~~ET / 'J
2 I 1/97 ---· Waste Management Contract No.P . 7 o t e _
Eff cctivc Date Division/Section/Program · · / -:) 6 "'J 7 9
Contract System No. :Z _l.?_-2,_ ~~
6 11/97 ..,,,...~-1 crmination Date
ForFiscalYur 1997 PurchaseOrderNo£ 3 .i, P f1
Revision No. 0 D
Contractor: Southwest Laboratories of Oklahoma
Project Director: Jay ant Shringapure
Purpose: Laboratory testing
Total Budaet: S_2_8..;.,_5_6_o _________ _
DEHNR
ITEM CONTRACTOR CONTRACT
ITEM DESCRJPTJOS NO. AMOUST AMOUNT
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Provide analytical testing for dioxin/furans on I
approximately 50 samples (mixture water, soil and I
sediments) 1 28,560 100 28,560 00
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Budget Code 24300 I
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2103 536989 I
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FUND OBJ RCC PROG I
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~·~!~i~~~~~~~ ~1.C.~
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Contractor Authorized Official DEl-{NR fiscal Management
~
DE~ 2482 (Rrvised 1194)
General Sm·iccs Divis ion (Rcvic.,. 1196)
STATE OF NORTH CAROLINA
COUNTY OF WAKE
CONTRACT NO. N 7018
CONTRACTOR'S FEDERAL ID NO.
73-1124327
PROFESSIONAL SERVICE AGREEMENT
This AGREEMENT is made between the North Carolina Department of Environment,
Health, and Natural Resources (Department) and Southwest Laboratory of Oklahoma, Inc.
(Contractor).
IT IS AGREED THAT:
1. The Contractor will perform in a manner satisfactory to the Department laboratory
analysis for Dioxins/Furans. Work will be conducted as specified in Proposal No.
PCB LF-3 and the Contractor's response to the proposal dated November 26, 1996.
2. The Department shall pay the Contractor at the rates quoted by the Contractor for
services to be performed under this contract.
3. The parties to this agreement agree and understand that the payment of the sums
specified in this agreement is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose to the Department.
4. This agreement shall be effective for the period January 27, 1997 to April 30, 1997.
5. The Contractor shall 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 assume liability for damage or loss resulting from the wrongful
act(s) and/or negligence of its employees while they are on State owned premises.
7. The Contractor shall comply with laws, ordinances, codes, rules and regulations
bearing on the conduct of the work under this contract.
8. The Contractor shall act as independent contractor and nor as employee of the State
in performing the services under this contract. The State shall be liable in tort only
as provided in the Tort Claims Act, G.S. 143-291 et. seq.
9. The Contractor shall procure and maintain the following insurance as applicable:
(a) Worker's Compensation Insurance
(b) Public Liability Insurance
(c) Property Damage Insurance
(d) Automobile bodily injury and property damage liability insurance
1 of 3
CONTRACT NO. N 7018
10. The Contractor will furnish all necessary equipment for professionally performing all
work specified in this contract.
11. In the event the Contractor subcontracts for any or all of the services or activities
covered by this agreement: (a) The Contractor is not relieved of any of the duties and
responsibilities provided in this agreement; (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 will agree to
allow state and federal authorized representatives access to any records pertinent to
its role as a subcontractor.
12. The Contractor agrees that the State may have the right to audit the records of the
Contractor pertaining to this agreement both during performance and for 36 months
after completion or termination.
13. 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 this agreement and will reimburse the State for its loss or damage.
14. 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 terminate this contract by giving written notice to the Contractor of such
termination and specifying the reason thereof and the effective date thereof. 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.
15. The filing of a petition in bankruptcy or insolvency by or against the Contractor shall
terminate this agreement.
16. The Contractor shall not assign or transfer any interest in this agreement.
17. Attachment of terms and conditions ( other than those authorized by the Department)
to this agreement shall cause this agreement to be invalid.
18. 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.
19. This Agreement may be terminated by either party upon 30 days written notice to the
other party.
2 of 3
CONTRACT NO. N 7018
20. The Contractor certifies that he is in compliance with "Attachment I" Assurances-Non
Construction Programs.
21. The Contractor certifies that he will comply with requirements of the American with
Disabilities Act of 1990.
22. It is agreed between the parties hereto that the place of this agreement, 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.
23. Robert Harris is designated key personnel for the Contractor.
24. Mike Kelly is designated as the project coordinator for the Department.
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.
CONTRACTOR
By~~
Robert W. Harris
Typed Name
Title Corporate Secretary ------------
WITNESS:
/
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT, HEAL TH, AND
NATURAL RESOURCES
,4Jonathan B. Howes, Secretary
WITNESS:
--1/ Signature
L,__
c:;, \
DUPLJCtlTE ORIGINAL
3 of 3
Part II
Scqpe qfWqrk:
2.0 Background on Warren County PCB Landfill
2.0.l The State fNorth 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 The PCB landfill is located on the East side of SR 1604 approximately 1.5 to
2 miles from the intersection of SR 1604 and US 401 South, 2-3 miles
from Warrenton, North Carolina.
2.0.3 The State has ::stablished a Joint Warren County/State PCB Landfill
Working Group (Working Group) to evaluate technologies and tasks associated
with the detoxification of the landfill. The Working Group has hired two Science
Advisors to work with the Group and the State and any other entity through this
project.
2.0.4 The purpose of this RFP is to solicit laboratories interested in providing dioxin/
furan testing on a variety of samples to be taken from and around the landfill,
and, at the discretion of the Working Group, be prepared to provide an individual
to be on hand for the sampling event and to take custody of the samples at the
landfill.
2.1 Concept of the operation
2.1.1 Members of the Division of Waste Management, with the Science Advisor's,
will be responsible for taking all samples at the site. It is currently estimated
that the sampling event will require two days, and hopefully take place within the
next 45-60 days.
2.12 One of the Science Advisors will assign the codes to all samples and maintain the
master roster. A draft sampling plan has been completed and will be made
available to the contractor for the dioxin/furan analysis.
2.1.3 Each prospective bidder should include a separate cost estimate for
providing one or two staff members on site to take custody of the samples and
ship to the laboratory. If this is not possible as a result oflab location or
availability of personnel, please note on the bid. Ability to comply with 2.1.3 is
not an absolute in order to be awarded the contract.
2.1.4 It is estimated that there will be a minimum of 40 and a maximum of 50 samples
within the following categories and current estimates:
Well water 'Estimate 18
Leachate Estimate 02
Surface water Estimate 06 a
Sediment Estimate 04
Soils Estimate 06
Filter bed Estimate 02
Blanks Estimate 06
The laboratory will be responsible for providing appropriate containers for all
samples and to pay shipping costs. The state reserves the right to add more
samples to this contract or to change the numbers in the respective categories.
2.1.5 All analytical work will follow the Method 8290, full Tetra-octa scans and a Level
III Report summary package for the samples and calibration raw data. An
example of the reporting format should be included in the bid package. All
results are to also be reported in a table format showing sample numbers and
results as a single dioxin number.
2.1.6 Each bid package should indicate what the standard tum around time is for sample
results, as well as include a specific matrix for costs associated with quick tum
around in 7 and 14 days.
2.2 Deliverables
() VI._~ () 0 :.~
2.2.1 Bi~should include the following:
-Unit price per sample
-Tum around time, cost to expedite
-Sample report
-Cost to mobilize 1-2 individuals to receive samples at the landfill
-Overnight shipping charges for samples
-Cost for sample containers, if charged separately
-Other-any other items which may need to be considered in the cost estimate
-List of S references
-Required prior notification for start-up of work.
2.3 Criteria for selection of respondent
2.3 .1 Demonstrated experience and qualifications in dioxin/furan testing
2.3.2 Cost
2.3.3 Past performance with respect to working relationships with clients
2.3.4 Capabilities
2.3.5 Capability and commitment to work with the Department and citizens of
the Working Group.
2.4 Process for selection
2.4.1 RFP is being sent to six laboratories across the country that have the capability
to provide this type of testing.
2.4.2 No pre-bid conference will be held. Questions may be addressed to Michael A.
Kelly, Deputy Director, DWM, at 919-733-4996, extension 201. No further
questions will be answered after 12:00 noon on Wednesday, November 20, 1996.
2.4.3 A bid response date of 12:00 noon, Friday, November 22 has been set. All
Proposals must be received by this time and date, attention Michael A. Kelly,
Deputy Director, Division of Waste Management, 401 Oberlin Road, Suite 150,
Raleigh, NC 27605.
2.4.4 All respondents submittals will be reviewed and a selection of at least 3 proposals
will be presented to the Working Group and Science Advisors who will make a
recommendation to the Department for final selection of the contractor.
2.4.5 All respondents should indicate their necessary lead time for work performance
once contract is awarded.
2.5 Attachments
2.5.1 Location/vicinity maps
2.5.2 Monitoring well location and map of landfill.
Final revision November 6, 1996
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