NCD980602163_20000707_Warren County PCB Landfill_SERB C_ETG Environmental, 1997 - 2000-OCR

03/01/2088 11 :15 PAGE 19
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURc-=:s
---. " ---• •--_., ----• ••-~--,r .. --~ UIVl510N or-ru,u_.,...,..::, ... ,....,....., ...,_ ..... ,-~~
7tID fEB ;_7 ffl 2::)5
AMENDMENT NO. 1
AMENDiViENT 10 CONTRACT t\lUiv18ER N9008
,..,-,,"'/~~a. I Kl-I \/Vrrl\l ---------
ETG ENVIRONMENTAL
AND THE
NORTH CAROLINA DEPA.RTMENT OF ENVIRONMENT
.A.!'JD NATURAL RESOURCES
Pursuant to paragraph 14 of Contract Number N9008, tha Department
of Environment and Natural Resources and the Contractor mutua!!y
agree to change the contract ending date from January 31 ; 2000 to
""-··-t.. 1.., -,nnn ~'!!!.?~~~! ! -?: 4._,"-''-'•
It is the intent of this amendment to address the provision(s) noted
on!y, and !n no vvay should this l,n,endment be construed to further
modify this contract.
P!ease indicate acceptance by your signature below. . . .
Apprnved:
ET.{i Environmental
Return one (1) duplicate original to: Purchase & Contract Section,
ui:i~R Division oi ri..iri;l-1~St: i:j(ld Sia=,v;c.;;;, ; ecs ~v~i!:! Se~'v'l::e Ce:-!!e~,
Raleigh, NC 27699-1605.
cc: Brenda Riversi Pat Backus, Waste IVfariagement
DUPLiCATE ORiGiNAL
P.O . BOX 27687~ R.-.S....ICiM., NC Z761 t -7697 / 512 NoftTH SALIBBVRY 8TRF.ET, RA1..11.1c."", NC Z7d:04
PHON• s 1 B•733-B74~ FA,C. s», 9 .. 71 Ei..-06B4 www.ehnr.etata.nc.us/EHNR
AN f!QU A ¢??OR'!"UN!TY I ..A.FF!RMAT!VE A CTION EM,.LOYER -~0% R?!CYcL!!b/10% P,Ot,:T-CON9UME.R p,-....,.e:,..
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
April 12, 1999
MEMORANDUM
TO:
FROM:
SUBJECT:
Michael:
Michael Bryant
Mike Kelly, Deputy Director
CONTRACT WITH ETG FOR THE PHA
DRAWINGS FOR DETOXIFICATION OF THE PCB
LANDFILL IN WARREN COUNTY USING BCD
TECHNOLOGY
Attached is the Scope of Work and DENR forms 2500 & 2482. Please issue a
contract to ETG Environmental, West Chester, PA for completion of the Phase III
Final Drawings for detoxification of the PCB landfill in Warren County. The price
is $525,550.
I will be the contract administrator. The contract should run from April 15, 1999
until January 31, 2000. We anticipate the work to be completed within 5 to 6
months, however, would like to allow some extra r_oom in case there are problems
that arise as we go through this process.
Ms. Pat Backus, DWM project manager for this project, will work closely with
ETG throughout the entire process. I will also be directly involved with the
process and use other division staff to help review the work as it is developed to
ensure that our expectations are being met throughout the contract period.
Thank you for your help on this project. I will be out of the office on Tuesday and
Wednesday, however Pat Backus will be available at 733-4996, ext. 308, should
you have any questions.
This letter and the scope of work are being provided to you on a disk
(WordPerfect 6.0) for your convenience.
401 OBERLIN ROAD, SUITE I 50, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I 0% POST-CONSUMER PAPER
Comments for contract with ETG Environmental for the Phase III Detoxification Final Report on
the PCB landfill in Warren County.
1. Deliverable items: The department recognizes that a minimum of 5 months will be necessary
to complete the work required in this contract. Various pieces of the work will need to be
completed prior to work commencing on other sections. ETG, with their prime sub-contractor,
BFA, will meet with state representatives from the Division of Waste Management within two
weeks after the signed contract is returned to the state, to prioritize sections from the scope of
work and develop a schedule of deliverables.
2. Payment terms: DENR agrees to the sum of $525,550.00 for completion of the Final Report
for Detoxification as described in the Scope of Work contained within this contract.
(a) Payment for services will be made upon receipt of an invoice from the
CONTRACTOR documenting the work completed during the month and approval by the
Division of Waste Management.
(b) DENR will be invoiced monthly, with the first invoice being sent no sooner than 3 0
days after commencement of work, in equal amounts of$105,110.00, for a total not to exceed
$525,550.00. However, at any time the state is not satisfied with the progress or amount of work
completed, we reserve the right to re-negotiate the contract's five month payment cycle. This may
include approval for only partial payments based on actual work performed to date. The final
payment will be made only after the state has signed off on the completed final design documents.
(c) Invoices will be submitted to the Contract Administrator as outlined above, with the
final invoice being received by the DEPARTMENT no later than 45 days after the end of the
contract period.
f'O~.ASSIS'l'ANCE • SEE INSTRUCflONS ON BACK
N.C. Department of Environment and Natural Resources
Division of Purchase and Services
AGREEMENT INFORMATION
FOR DENifUSE ONLY · ·•••·· ..
Contract No.
Contract System No. Purchase Order No.
Vendor Number
1. PARTIES TO THIS AGREEMENT:
~ B
Division Contractor .
Waste Mana eITient
·,,
.~ -·:":~--~ F.'T'C: F.nvi ...... ~ ~,
Section I.R.S. Number or Social Security Number Check if Applicable
Pvt/Non-Profit -
23-2595476
Address (PO Box, Street, City, State, Zip) Address (to which checks will be mailed) (Street, PO Box)
401 Oberlin Rd. Ste 150 Ralei h 16 Hagertv Boulevard
Contract Administrator TelephoxN~~J605 (City, State, Zip)
West Chester, PA 19382-7594
Please check one of the following:
-African American owned -Woman owned _Handicapped owned
_ Hispanic owned _Other minority owned __xx-lone of the above
Contractor Contact Person: Telephone Number
Steve Detwiler 601-431-9100
DIVISION C01'TRACT COORDINATOR: Michael Kelly PHO1'tNO: 919-733-4996 X 203
3. PURPOSE OF AGREEMENT: Complete Phase III Final Design for Detoxification
4. TIME PERIOD OF AGREEMENT: Beginning Date _:!_I 15 / 99 Ending Date _1_1_]_! _ _100
(COl\TRACT CA.J"''NOT EXCEED 3 YRS .) Mo Day Year Mo Day Year
5. AGREEMENT STATUS: XX New __ Continuing Revised Year of Initial Agreement _____ _
6. NEED STATEMENT: Final design must be completed to allow the state to bid the
detoxification of the PCB landfill
7. JUSTIFICA TJON :_--=P=--=h~a::..:s::..:e=--=I::......;:&=--=I=-=I"--"hc!!a,:.v::....:e::......:ba:..:e...,e,..,n......,c..,o""m.,...pl><al..,e"'"t...,e...,d""-1-; _t...,h...,e.......,.n...,e_x.._t........,s..,_t..,e...,p~,,...· s.,__t..,hUJe~f ..... , ..... · o'-"ac.LJ..__ __ _
design and must be finished ta begin detaxificatiao
8. FISCAL INFORMATION: Does this agreement involve disbursement of funds? ...x-from DENR to DENR. No
Federal State Contractor Other Special Total
$ $525,550.00 $ $ $ $525,550.00
SUBHEAD: GL Company / ~ 0 1 GL Account 5,3 0 9 <3 '1
PAYMENT SCHEDULE:
DENR 2500 (Revised 1/99)
N. C. Department of Environment and Natural Resources
Division of Purchase and Services Page_of _
CONTRACT BUDGET
Contract No.
Contract System No . _______ _
15 April 1999 Waste Management
Effective Date Division/Section/Program
31 January 2000
Termination Date For Fiscal Year 99-00
Contractor: ETG EovirauroeuraJ Purpose:
Total Budget:
or
Purchase Order No. ____ _
.-~--:~-::-,
·~,: .
Revision No.
Phase 3 Detoxification Plan
Contractor Contact: Steve Detwiler Amendment$ 525,550.00
ITEl\1 DESCRIPTION
Provide complete Phase III Final
Design documents for the full
scale detoxification of the
PCB landfill in Warren County usi
BCD Technology
(l\IANDATORY IF FEDERAL FUNDING)
CFDA CODE:
(CATALOG OF FEDERAL DOMESTIC ASSISTANCE
COD~ .
GL GL Account GL Center
Company
DENR 2482 (Revised 1/99)
CONTRACTOR
AMOUNT
(If A licable)
(Mandatory)
DENR CONTRACT
AMOUNT
$525,550 00
...
6-i,ALDL~
Division Budget Officer
(Mandatory)
OUTLINE
WARRENCOUNTYPCBLANDF~L
FINAL DESIGN -BCD DETOXIFICATION
INTRODUCTION
Task 1
Task2
Task 3
1.1
1.2
2.1
2.2
3 .1
3.2
3.3
3.4
3.5
Project Definition, Planning, and Scoping
Project Initiation and Planning Meetings
Scope Development
Pertinent Data Collection, Analysis and Background Data Review
Landfill Features and Relationship to Detoxification
Applicable SOP' s, Rules, and Regulations
Detoxification and Process Design
Site and Area Survey
Site Geotechnical Evaluation
Site Layout and Logistics
3.3.1 Equipment areas
3.3 .2 Soil Material and Handling
3 .3 .3 Building, Structures, Parking and Personnel Support Areas
3.3.4 Contamination Reduction Zones
Infrastructure Improvements
3.4.1 Electrical
3.4.2 Access and Perimeter Road Improvements
3.4.3 Water
Stormwater Management
3.5.1 Clean Stormwater
3.5.2 Construction Water
3.6 Excavation Process Design
3.6.1 Phasing and Site Management
3. 7 PCB Soil Treatment Process Design
Warren County PCB Landfill Design Outline
Task 4
Task 5
Task 6
Outline
Final Design (cont.)
3.8 Confirmation/ Verification Sampling
3.8.1 Inflow and Outflow
3. 9 Backfilling and Final Grading
3.9. l Logistics and Testing
Site Reclamation Design
4.1 Community Reuse Plan Meetings
4.2 Regulatory Coordination
Project Work Plans and Deliverables
5 .1 Detoxification Design Work Plan and Schedule
5.2 Community Involvement Plan
5.3 Project Health and Safety Plan
5.4 Performance Demonstration Plan
5.5 Air Monitoring Plan
5.6 Site Operations Plan
5.7 Quality Assurance Plan
5.8 Final Verification/Confirmation Sampling Plan
5.9 Construction Quality Assurance Project Plan
5.10 Emergency Response Plan
5.11 Final Design Report
5.12 Design Plans (Drawings) and Specifications
Permitting Assistance
Warren County PCB Landfill Design Outline
INTRODUCTION
SCOPE OF WORK
WARREN COUNTY PCB LANDFILL
DETOXIFICATION DESIGN
In March 1998, ETG Environmental, Inc. (ETG) submitted a preliminary design document to the
State of North Carolina for the detoxification of the Warren County PCB Landfill using Base
Catalyzed Decomposition (BCD) technology. This document was subsequently approved by the
State as a preliminary ( conceptual) design for closure of the facility. Such closure was deemed by
the State to be an effective means of fairly addressing key issues of the "Notice of Non-Compliance"
issued by the EPA for the facility, as well as meeting the commitment made by the State to detoxify
the landfill when technically feasible. To help meet the aggressive design schedule in an efficient
manner, ETG has teamed with BF A Environmental, an environmental design firm with a thorough
understanding of the goals and objectives of all project stakeholders.
Since the submittal of the preliminary design document, the North Carolina legislature has
incorporated the utilization of BCD for the landfill detoxification into law and has specified the
appropriate treatment standards required for the detoxification of the landfill.
The purpose ofthis document is to outline the scope and associated necessary services to prepare
a final Design Report and develop a set of final design plans and specifications. This scope of services
is, therefore, intended to provide the professional services necessary to develop a final design
document and specifications with sufficient detail such that Request for Proposals (RFPs) can be
issued for all or substantial components of this project. This scope also includes the development of
various project plans necessary for proper execution of the anticipated project activities. If the
activities deemed necessary to fulfill the goal of detoxification increase beyond what is described
herein, this scope of work will be amended accordingly.
Warren County PCB Landfill 04/08/99 Scope of Work for Final Design Services
State representatives from the Division of Waste Management and representatives of the
ETG/BFA team developed this scope of work based on our historical involvement in the project, the
February 4, 1999 meeting with State and the approved concept for design outlined in the March,
1998 Phase II Preliminary Design Report.
Task 1 Project Definition, Planning and Scoping
1. 1 Project Initiation
ETG/BFA will meet with key representatives of the State's Division of Waste Management
to discuss the necessary project design components, review the preliminary design report, and
identify substantive additions to the detoxification design process. It is assumed that two
meetings with the State will be required to accomplish this task.
l .2 Scope Development
The ETGIBFA team will work closely with the State Project Manager and staff to develop
a scope of services document inclusive of all design components identified during meetings with
the State or as previously outlined in the preliminary design report.
The detoxification of the PCB landfill is a unique project; however, there are numerous
Standard Operating Procedures (SOPs), which can be adopted for successful implementation.
The ETG/BF A team will continually work with the State to adjust our approach to insure that
we are on the path of least resistance.
99-001
Scope
-2-
Wam:n County PCB Landfill 04/08/99 Scope of Work for Final Design Services
. .
Task 2 Pertinent Data Collection, Analysis and Background Data Review
2.1 Landfill Features and Relationship to Detoxification
A thorough understanding of the facility, its historical operations, design and the
characteristics of its contents are necessary in order to implement an effective and efficient final
design. The ETG/BF A team will have access to a complete copy of the State's file on this
facility. Under this subtask these files will be reviewed to identify issues that might affect the
design of the detoxification. This review will determine the degree of the survey required to
complete the final design (Section 3. I)
2.2 Applicable SOPs, Rules and Regulations
Implementation of the proposed final design activities at the landfill will necessitate review
and analysis of local, state, and federal guidelines. Under this task, the ETG/BF A team will work
closely with officials to identify the rules and regulations which will govern detoxification
activities. In particular, we will work hand-in-hand with the State's Project Manager during this
task. The jurisdictional applicability of Superfund, RCRA, TSCA and State's Waste Management
rules will be thoroughly investigated under this task. Additionally, North Carolina Department
of Transportation design criteria will be reviewed to determine applicability to the proposed
project roadway improvements.
Task 3 Detoxification and Process Design
General
The design tasks outlined below assume that no new information will be obtained concerning
the final design requirements. If the implementation of Task 2 above identifies new design criteria
not discussed in this scope it will be amended accordingly. The design process assumes that
monthly progress meetings will be held between the Design Team and the State. These meetings
99-001
Scope
-3-
Wan-en County PCB Landfill 04/08/99 Scope of Work for Final Design Services
will be held to ensure efficient project execution.
3 .1 Site and Area Survey
A detailed survey will be prepared for the site. The limits of the survey will be determined
with state approval. Under this task, the ETG/BF A team will provide to the State a scope of
work that can be used to issue a contract for the survey. It will include the survey needs along
with the survey fonnat required so that it is compatible with the design objectives. The ETG/BF A
team will also help identify local survey firms that can meet the requirements.
3.2 Site Geotechnical Evaluation
Geotechnical analysis of existing data will be performed beneath each proposed structure
associated with all equipment areas. Areas needing additional testing will be identified and the
ETG/BF A team will provide the State with a scope of work that can be used to issue a contact
for the compaction tests. The ETG/BF A team will also help identify local firms that can meet the
requirements. Suitable compaction tests will be performed associated with final grade and fill
placement. Additional geotechnical surveys within the boundaries of the Landfill are not
anticipated to be required.
3.3 Site Layout and Logistics
The ETG/BF A team will work to ensure that the final design incorporates a facility layout,
which maximizes efficiency during all phases of the project. Of particular concern is the flow of
site activities during the various phases of excavation and backfilling. The strategic location and
sizing of contamination reduction zones, support areas, treatment areas, decontamination
facilities, and stormwater management facilities will all be determined under this task. The site
layout will also be designed to accommodate the proposed final use of the facility. Future land
use will be determined by the community and this information will be provided to the ETG/BF A
team.
99-001
Scope
-4-
Warren County PCB Landfill 04/08/99 Scope of Work for Final Design Services
99-001
Scope
3 .3 .1 Equipment Areas
Detoxification equipment areas will be designed to ensure efficient implementation of the
BCD process, as indicated in the Phase II report. It is anticipated that areas will range from
unpaved to paved, covered to uncovered. It is assumed that the areas identified in the Phase
II report will form the basis of the final design plans and specification
3.3.2 Soil Material and Handling
The flow of material has been generally discussed in the Phase II document. Under this
task a detailed design of the following areas will be defined: 1) PCB contaminated soil, 2)
contaminated debris, 3) treated soil , and 4) clean soil.
Design of soil management procedures will also minimize dust formation and migration.
Because wind blown deposition of dust particles represents the most significant source of
potential off-site migration of PCBs, the ETG/BF A team will work closely with the State to
ensure the latest, most applicable safeguards are in place.
3.3.3 Building, Structures, Parking and Personnel SupportAreas
The facility design will include temporary construction trailers located as shown in the
Phase II report. Under this task ETG/BF A will work closely with the State and community
representatives. The future use of the facility including any permanent building(s) will be
incorporated into the community's reuse plan for the property after detoxification.
A gravel parking area will be provided near the gated entrance to the facility. It will be
adjacent to the construction trailers and designed to remain in use after detoxification.
-5-
Wmren County PCB Landfill 04/08/99 Scope of Work for Final Design Services
3. 3. 4 Contamination Reduction Zones
The contamination reduction areas will consist of decontamination pads, which drain to
sumps, and portable units used as necessary before equipment or personnel can exit exclusion
zones. The final system design is anticipated to be similar to that proposed in the Phase II
document.
3 .4 Infrastructure l mprovements
99-001
Scope
3. 4. 1 Electrical
The site currently contains electrical service, which is not sufficient to meet the
detoxification facility demand of the proposed detoxification equipment. The ETG/BF A team
will work closely with an electrical consultant to ensure the final design clearly details the
detoxification power requirements.
3.4.2 Access and Perimeter Road Improvements
The final design plans and specifications will include road improvements necessary to
upgrade existing roads or build new ones to deal with the increased traffic associated with the
detoxification activities. The access road from State Road 1604 to the site will be included
in this evaluation. The improvements will incorporate the necessary local and state
standards. Particular attention will be paid to proper drainage and stormwater management.
3.4.3 Water
The ETG/BF A team will size and design a water transmission main necessary to extend
water services to the PCB Landfill. The transmission main will run along the site access road
-6-
Wm,-en County PCB Landfill 04/08/99 Scope of Work for Final Design Services
3.5
from State Road 1604. Sufficient detail will be provided such that a RFP can be issued.
Stormwater Management
3.5. J Clean Stormwater
Site drainage will be designed to isolate clean stormwater from construction impacted
stormwater. A series of swales, culverts and berms along the site access road, within
exclusion zones, and around the contaminated soil stockpile will be designed to accomplish
this task. Clean water will be diverted to a lined pond north of the landfill. The ETG/BF A
team will identify any special requirements for lining the pond. A conservative stormwater
event design standard will be detennined in concert with State requirements and incorporated
into the final design and sizing of retention and treatment structures.
3.5.2 Co11strnchon Water
As conceptualized in the Phase II document, the final design will convey impacted
stonnwater to a water treatment area consisting primarily of activated carbon. Other design
alternatives will be considered during the final design process. The treatment efficiency of
each option will be evaluated and the best alternative selected'.
3.6 Excavation Process Design
99-001
Scope
3. 6.1 Phasing and Site Management
The final design will detail the plan and profile of the landfill during several phases of the
-7-
W aITen County PCB Landfill 04/08/99 Scope of Work for Final Design Services
construction process. It is critical that a clear understanding of the excavation process be
communicated by the final design documents. It is anticipated that design details will be
generated for approximately ten ( I 0) distinct phases of the excavation process. This process
will detail all critical components of detoxification.
3. 7 PCB Soil Treatment and Process Design
Under this task ETG will provide equipment performance requirements for the BCD
treatment process based upon the soil to be treated and the PCB Landfill treatment standards.
A detailed summary of Phases I and II will be provided. Regulatory considerations will be
addressed. The exact detail of the process description will be thoroughly discussed with the State
during the design effort to provide enough detail to interest potential bidders but not limit
potential competition. More detail can be provided on standard subsystems of equipment,
including material handling. Equipment requirements will be specified for the following:
• Material handling and preparation
• Batch vacuum system (Solid Phase BCD)
• Continuous system (Solid Phase BCD)
• Liquid Phase BCD treatment
• Process wastewater treatment
3. 8 Confirmation/Verification Sampling
99-0()J
Scope
3.8. 1 !,?fl.ow and 011(/low
In conceit with the State, the ETG/BF A team will design a sampling and testing program
sufficient to verify the vertical limits of excavation and that the residual concentration of
-8-
Wan-en County PCB Landfill 04/08/99 Scope of Work for Final Design Services
3.9
Task 4
4.1
PCBs/dioxins of the treated material is below the established treatment standards. EPA and
state protocol will be adhered to in establishing the appropriate grid intervals for verification
sampling.
Backfilling and Final Grading
3. 9. 1 Logistics and Testing
During detoxification, treated soils will be backfilled and compacted in an incremental
fashion. The design team will ensure that backfilling operations are phased such that it will
not conflict with excavation and PCB soil treatment operations. Backfilled soil will be tested
for compaction after each lift, and water will be added from the stormwater area to the north
as necessary to achieve optimum moisture content.
The topography of the closed facility will be graded to accommodate the property's future
use.
Site Reclamation Design
Community Reuse Plan Meetings
Representatives from the design team will coordinate closely with community leaders and the
State in an effort to include desired future land use into the final design plans and specifications.
Two meetings with community officials are anticipated under this task.
4.2 Regulatory Coordination
The design team will meet with regulatory officials to determine the potential for land use
restrictions and generally assist the State and community in addressing the concerns of regulators.
Attendance at one meeting by ETG/BF A staff is assumed for this subtask.
99-001
Scope
-9-
'. Wanen County PCB Landfill 04/08/99 Scope of Work for Final Design Services Task 5 Project Work Plans and Deliverables The design team will develop and write the following work plans and reports in accordance with the outlines provided in the Phase II report, while incorporating the results from any additional investigation(s) and applicable protocol. All plans will be developed with involvement from the community and concurrence from the State. Representatives from Warren County will also be consulted during preparation of the community involvement plan. 5.1 Detoxification Design Work Plan and Schedule 5.2 Community Involvement Plan 5.3 Prnject Health and Safety Plan 5 .4 Performance Demonstration Plan 5.5 Air Monitoring Plan 5.6 Site Operations Plan 5. 7 Quality Assurance Project Plan 5. 8 Final Verification/Confirmation Sampling Plan 5. 9 Construction Quality Assurance Project PJan 5. IO Emergency Response Plan 5.11 FinaJ Design Report 99-001 -I 0-scope
Warren County PCB Landfill 04/08/99 Scope of Work for Final Design Services A report summarizing the design activities performed during the implementation of tasks 1 through 4 above will be developed and submitted to the State at 60%, 90% and 100% completion levels. 5 .12 Design Plans (Drawings) and Specifications The design team will submit five (5) sets of drawings (11" x I 7") and specifications (and one full size set) to the State at the 60% and 90% completion levels and five (5) sets of drawings (11" x 17") and specifications (and one full size set) to the State at the I 00% completion level. At the time of the 60%, 90% and I 00% submittals, a meeting will be held with the State representatives. On the basis of the review, comments, and meetings, all items will be addressed and resolved before the design team proceeds to the next percentage completion level. The design team will submit ten ( I 0) full-size sets of the final drawings and specifications. Task 6 Permitting Assistance The design team will prepare documents, design calculations, maps, drawings, specifications and applications that are required to obtain the approval of agencies having jurisdiction over the project and to assist in securing permits required for construction of selected project components. It is anticipated that permits will be obtained for those components of the project which might be constructed during this contract. They include but are not limited to initial site preparation and drainage improvements. Treatment related permits are not included within this scope of work. 99-001 Scope -11-
03 /01/2000 11:15 919-715-0584
_ l . ,ISTANCI! • ~~e INS'f'ftCJC110NS ON aJtCIC
..
}11,'I:..; :Jcpanmcnr of Enviromncnt a1ld Natunl Re,<i11rces
Dh1:s!nn o! !"urc:has~ 100 ~r!rvic:s
AGREEl\1E1''T Th7FORM.ATION
T>. t>'T'Tt:'~ 'T'r, TUt" A r.ot:"t:\,f't:),J'f. ~r,.,,z,._,1.~ A'-' .1..1..1.At..l IJ.-•--•"•-•"••
A.
Division
W~st~ Manaeenl"!nt
Address (PO Box. Street. City, State, %ip)
401 Oberlin Rd. Ste 150 Ralei h
Contract Administrator TelephoJ'i'N~605
t-~CDE&t-~R /PURCHAS I t·~G
lo.it DENR tJSE QNLY ·
Cofi!l'i.::i No.
Contract S~stcm No. Purchase Order No.
Vendor Number
B.
Contractor
I.I{.$. Number or Sodal S.CW'lty NUU1ber Check if Applicable
Pvt/Non-Profit
AddrUli (to WblC:h ChtC:kJ WW l)e uia1leG) (:SITCet, t'U liOX)
(Clcy, State, Zip}
Ucct rhcctcr PA 1C~A?-7~0l ··----... -"'--------. _,..., .
Pl,ue cbec~ cme cf the following:
I I !
I I
_ /\fricar Am~rica.n owned _ Woman ownec;t _l-fandicap~d owned
_ Hispanic owned _Other minority owned .)Qtion: of th: above
Contractor Contact Person:
Steve Detwiler 601-43i-9100
DIVISION CONTRACT COORDLlliATOR: Michael Kelly PHO~tNO; 919-733-4996 X 203
3. PURPOSE OF AGREEMENT: Complete Phase III Final Design for Detoxification
4.
" -'·
TL\1E PERIOD OF AGRl:EM!:NT: Beginning Date _4_, 15 199
(COJ\TRACT CANNOT :EXC££D 3 YRS.) Mo Day Year
r .... ,,"';f"'lni""" ___ ._. ........... c,
:Ending D~te _!_t--1.!._ 100
Mo Day Ye;ir
6. NEED STATEMENT: Final design must be completed to allow the state to bid tbe
det.oX1fication of the PCB laTld:f1.ll
7. 1USTIF1CA TION; __ :..P'=-=na=s;;:e~I:......::&:__::I::.:I:......:ha=y1.:e11;,,,obi,::e11,;;.e:iii;,n,...._,1,,;C~~WP~l.s;eu.-t.s.e:a.!o.-cl½;~t,.,i.h.1,Se;.... _JilU,le..,x.c...i...t-1::1S.r..t.t::e~pt....1i.1:ei....r.t .. b.11;e;:.._tL-1u' Do..8:t.~.LI ----
design and must be finished to begin detoxification
8. FISCAL INFOR.\1ATION: Does this agreement involve disbursrm;ni of runds".' _x_ from DENR _ 10 DENR. No
I ...___s ____ __.._s_5_z5_._s_5_o_. oo _ _.__s ____ ___,'---$-------1....-s ___ _.jll ~ _t_2_s __ , _s s_o_. _oo____.
State Contractor Other
SUBHEAD: GL Company / ~ 0 GL Account 53 ~ q <3 Cf -
~ . _.__,..4.,,
PAYMENT SCHEDULE:
DEl\TR 2500 (Revised l/99)
03 /01 /2000 11:15 919-715-0684 NCDE&NR/PURCHASING PAGE 03
N.C. Deparnneril of Environment and Natural Resources
15 April 1999
Effective Date
31 .J~m.UUJ' 2000
Termination D&te
Contractor:
...... ~ ' -f ----•• 1-L. •.. -i. -----j .-. --• :: ~ --u1v1s1un 01 r1.1rl:m1.sc aJ1u .>c1 v 1\-c:.
CONTRACT BUDGET
Waste Management
Division/Section/Program
For Fiscal Year 99-00
ETG f.n:vi rornneutaJ Purpose:
Total Budge::
Contract No . ti_ 9 DQ ~--
Purchase Order No. ____ _
Revision ?--:o. __
Phase 3 Det□71~1cation Plan
Contractor Com:ict: Steve Dt-.twiler
or
Amenamen: s 525,550.00
ITEM DESCRJPTION CONTRA.CTOR I>E1'1~ CONTRACT
AMOVNT AMOv1'17
Of MPllta~I~)
I
Provide compl~t~ Phase III Final $525,550 /iii I uu I T'I--~-..l--.. ---~-,.:: __ •i--~--11
J..11::';:,.J.~U UVl,.;1.,U.lt=!LO .I.VJ. L.J.J.C .1.~.L.
scale detoxification of the
PCB landfill in Warren County using
BCD Technology
f I I I I ;
(MAA"DATORY IF FEDERAL Fl;"}."I)lSG)
CFDA. CODE:
(CATALOG OF FEDERAL DOMESTIC ASSISTANCE
COD!::) .
J../ ~Lj s
GL GL Account GL Center
Company
·-en, ,µ LJ_ (%/..,1.Y.-w
Divi:lion Bud!!;et Officer
DE~'R 2482 (Revised 1/99) (Mandatory)
~J. J ( J...., vu ..... .,.
._ ,
CONTRACT NO. N9008
STATE OF NORTH CAROLINA
COUNTY OF WAKE
CONTRACTOR'S FEDERAL LD.
OR SOCIAL SECURITY NO.
232595476
CP'DA COOi:.: N/A
-• ••-, • -:.---• •-• l._ I I •; • ·•-J !._,1._ J.l-:_ '1-.J .J-•• -& &•-•,. 'l.nnn L-.. •• ..-...-....: I Hlo f\l:H-<.t:t::Mt::N 1, mace an□ en1ert:r.1 Hl~u u11~ ~,.,. .... y ..,, ,.,, .. y, , ...... , uy "" , ...
between ETG Environmental, hereinafter referred to as "CONTRACTOR", and North Carolina
Department of Environment and i-J~tural Resources, heieinafter referred to as
"DEPARTMENT";
\l\/ i T ~J ~ ~ ~ F T H·
..:...:. ~ ---.;...:. .-= ~ - - - -·
THAT WHEREAS. the CONTR.A,CTOR has submitted to the DEPARTMENT a
proposal for the performance of certain technical or professional services: and
, • ,, •---"' -,,._ _ ,-.,.,-r"'\ A n-ra .,...._,_,.,. ..J--=---, ___ ,_.,. ;_,.,., ___ ..,..,_.""",_.,..,.,;+\,,\♦ho VVMC:.KC::Ki;:;>, Ult: L.IC:.r l"V'-1 1v1c.1-. 1 1,,11;:;,11 c:::. ,u 011,01 ,,.,..., "" ...,...,,.., a...,, vvou, , .. ~
CONTRACTOR to perform the services set out in the proposal;
NOW, THEREFORE, for am, In consideration of ttie mutual promises to each
other, as hereinafter set forth, the parties hereto do mutually agree as follows:
_..,_ ---••~r-\ A ,...,"T",-...,... '-----L• • ------4-__ ..,t....,.,,,,_ :--....,.. ___ A~ tJ>, .... ji,..,,..,,...,...,..., fn 1. Inc VUl'\l I r't_f"\L, I u~ 11c:::11::uy Cli\::P CC=t lV ...,01 IVI 11 l II t Cl I I ICU If 101 .:.c:u.1w11•w\¥I 7 ,_
the DEPARTMENT, professional services necessary 1o complete Phase Ill Final Design
documents for the fuli scale detoxification of the PCB Landfill in Warren County using BCD
Technology as described in Attachment A which is incorporated as part of this contract.
,._
J
money not to exceed FIVE HUNDRED TWENTY-FIVE THOUSAND FIVE HUNDRED FIFTY
DOLLARS ($525,550.00}, said sum to be ful! and complete compensation for services
rendered under this agreement.
~a, ;:c:Jy·,-,-,t,,-,t for ~~rvi\;O~ ,;;:~: ~~ m;;:.:c u~~~ iQ~~i~! ~f ;:-: :~-:~::: ~~:~
the CONTRACTOR documenting the work completed during the month and approval by the
Division of Waste Management.
(b) The DEPARTMENT will be invoiced monthly with the first invoice
being sent no aooner than thirty (30) days after commencement of work, in equal amounts of
$105,110.00, for a total not to exceed $525,550.00 . However, at any time the DEPARTMENT
is not satisfied with the progress or amount of work completed, the DEPARTMENT reserves the
right to re-negoti~fe the contract's five monti1 payment cycle. This may include approval fer
only partial payments based on actuai wori< periormeci io aai:e'. Tne iiiia, ptiyr1iirrit wi:i u~ iii~d~
only after the state has signed off on the compltSted finl!II design documents.
(c) Invoices are to be submitted to the Contract Administrator as
outlined above. The final invoice must be received by the DEPAR1Ml:NT within 45 days after
the end of the contract period.
1 of 5
NCDE&NR/PURCHASING
CONTRACT NO. N9008
(d) Amended or corrected invo!ces must be received by the OffiGe c:if
,,. -,,... -·-' __ ,._ -,,~:J.t-:--:-~ ----H---u-..,.. •"' ..... --,...J -♦ ♦i,.,,~ AAl'\tro,-.+ na.r-inri Jf"\\1n1,...oc: r0r0C\1orl mn,-.,:;a 1ne vu,,11u11e1 WIUIIII -=>l.A.. fllUIILII.) c:11\QI UJC:S WIIU VI LI i .... ~,1u11...1-, ~-··--· .. ,.,_, ___ ·---··--···-·-
than six months after the end of the contract period wiii 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
peisonnel shall not be employees of the DEPARTMENT.
4. The CONTR.li.CTOR 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: Steve Detwiler.
5 . None of the work to be performed under this contract which involves the
specialized skill or expertise of the CONTRACTOR or his omployee~ ~h~!I be subcontracted
••• , ... ,_ -•• ~ • .,._: __ --...... ~i!>• .-i -l ""--,-, __ 4 __ _. A A_..:-: ... + .. ~+-~ i-' •"-.c. oHonf fhQ rnt,lTO.C.rTri~ wnnuut f.'' 1u1 ttfJJJ' uvc::u v, u ,~ "-'u• 1u Cl\.,,l l""'\Y1111, ,,..," QLv1 . 111 u ,,._,, ..., "''--'"' ... •---·.,."" ,....,; • -·,
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
... ,M..,,_ .. i:,-.--........ ~lll'\\A/ tho r'"'ril\lTRt.r.Tli~ tr. ('f"lf'ntihl with thP.C:P. i:;f;::mri;::irn~ :.ind '. {c:) the 111,...,1111C11,.u,,e1~ I.VGIIIV"W• .. ,,_ --·••1'-#,_,_,, .. ---···r-"I ....... -··-------···-·-·-·-· -······ ,., ..
subcontractor agrees to allow state and federal authorized representatives access to any
records pertinent to its role as a subcontractor.
6. The services of the CONTRACTOR are to commence on the 10th day of
May, 1999, and sha!! be undertaken and comp!eted in such sequence a:; to a55ure their
expeditious completion in the light of the purposes of this agreement, but 1n any event, an of
the services required hereunder shall be completed by the 31st day of January, 2006.
7. The CONTRACTOR shall assure that no person, solely on the grounds of
race. color, age, reiigion, sex or naiionai origin , be excluded from participation in, be denied the
benefits of, or be subject to d!scrlmI nat!on under any program or activity covered t,y th~5
agreemerii:.
8. The CONTRACTOR shall assure that no otherwise qualified handicapped
Individual, solely by reason of his/her handicap, be excluded from pertieipetton In, be denied the
benefits o( or be subjected to discrimination under any program or activity covered by this
agreement.
9. The Americans with Disabilities Act 1990 (ADA) makes it unlawful to
discriminate in employment against a qualified individual with a disability and outlaws
discrimination against ind:v:dua!s with di~abi!:ties in State and loca! government services and
public accommodations. The CONTRACTOR certifies that ii and its principals and
!~bccntrsctcrs wi!! C0~p!y ~-"!ith r~Q!J!~t!O!'?S !!'! _A_D_A_ THI~ I {Errir,19y111erit); Title II {Public
Services), and Title Ill (Public Accommodations) in fulfllllng the obligations under this
agreement.
10. !f. through any cause, the CONTRACTOR ,heU faif 10 fulfill in timely and
·-------------41--_..._,: __ .,; __ ,.. ,,_,i_.,. ;.~: ... _,..,...a""ar'\i t...,_o r,~DilWTiu1Ct"IT ch!;IP thwr.:. ·,rirr. h-·,-=-fJI UfJC:I I ( li:;1f II Jt::I I.I rt:: UUll~CH.l\,,111:::t UI 1uw1 LI ll~ c:t~1 ....,._,, 11'-'1 1,1 -., ,_ --• ,-·,,,, ,.,,._,-. • _, ,_,: .,, :-. _ ~,.!_!. ! . !=~-=
the right to terminate this oontract 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 document!>, data, studies; survey5, drawings, maps, models.
2 of 5
l?l":l /1?11 /t"')l?ll?ll?I ,,.,i::: 01 o_ -,, s=_l?IC 0/1 U~/U..:./~WWW ..:...:. • ..:.~ ,. ' , ....... ,..,. ,.,_lf""'T"IC't>,.,_10 /01 IOf""'U/\CT,.,_IC : '1'._;.,_.,.,_C,.:: '1: ', f : w: ', ·-..,: :H......:..:.: ~•,_.:
CONTR.A.CT NO. N9008
photographs, and reports prep8red by the CONTRACTOR shall, at the option of the
DEPARTMENT, become its property, and the CONTRACTOR shaii be eniitied to receive just
and equitable oompenaation for any &ati&,f.ictory work completed on iUCh documenti and other
materials . The CONTRACTOR shall not be reiievad cf liability to the DEPARTMENT fer
ciamages susiaineci by ine DEr=:A~iivii::i~i uY viitufl ui tii'iy ui-i::tie;,, uf tri,~ ~Qieei,11::iit, tiiiu i,,e
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.
11. 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, e!! 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 con1ract is terminated by the DEPARTMENT
as provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio to
• • , , , , • , • • , ,o r I t , • I , J I • r ~ I tne total compensation as me services actually perrormeo oear 10 me 1ou:1I !>ervIces or me
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 comper:sation !s based on each ru:: day of
· . -_,_ ·----_, , ___ ·--··----·--'-I-~---------':-----··=-··-'·· __ _._ TL.-,....,,,... ... ,nAr"T"n -L.-11 services perrormeu, lt::>:S f.ll:IYfTlt::I II UJ l.;Ull lf.Jel J:>i::HIUI I fJI c:;v 11.11.1::.1y I I JQI.II;,. I IIC '-''-"'" I '"''"''-' I \.Jrl. OIICIII
repay to the DEPARTMENT any compensation he has received which is in e.x.cess of the
payment to which he is entitled herein.
12. The parties to ,his contract agree and understand that the payment of
the sums specified in this contrad is depe:ndeni and contingent upon and subject to the
appropriation, anocation, and availability of funds for this purpose to the DEPARTMENT.
13. Any CONTRACTOR receiving at least $15,000 but less than $100,000 in
state funds from the DEPARTMENT within any fiscal year is required to file with each funding
state agency a sworn accounting of receipts and expenditures of state funds in the format
approved by the State Auditor. This accounting must be attested to by the CONTRACTOR
t1sca1 officer and one other authcriz:ng officer er the CONTP"~CTOR_. This ac~cunting must be
filed with each funding state agency within six months after the end of the CONTRACTOR'S
operating year. If the CONTRACTOR receives STATE funds of $100,000 or more during its
fiscal year, it must file with the State Auditor and each funding agency its audited financial
statemenis in accordance wiir•, u·,t", ~t~i"1d~1d£i iiiid f uiTiiiit; p,e;ciibcd by tli6 Sttit6 Ai.iditiji iii
Memorandum NGO-2 "Grantee Audit Reports." If the CONTRACTOR receives $300,000 or
more in FEDERAL awaids during its fiscal year from any source, including federal funds passed
through the State or other grantors, it must obtain a single audit or program-specific audit
conducted in accordance with the Federal Office of Management and Budgets Circuiar A-i 33
"Audlts of States, Local Government and Non-Profit Organ1zations." If the above amounts are
noi met by one singie iunciing agency, cui rainer any comoina-iion OT funciing agencie5, ineri ine
appropriate reports shall be sent to the Office of the State Auditor. Also, a corrective action
plan for any audit findings and recommendations must be submitted along with the audit report
or vvithin the petiod specified by the appl icable OrviB Circular or Memorandum .
14. The Di::.PARTMENT ma-y, from time to time, request changes in tha
scope oi the services of me CONTRACTOR to be performed uncier this agreement. Suen
changes, including any increase or decrease in the amount of the CONTRACTOR'S
3 of 5
03/01/2000 11:15 919-715-0684 NCDE&NR/PURCHASING PAGE !::17
f",-,f..iTD n ,""'T f..in l'\iui'ii'iw
.....,...,, -. 1 1 ,~....., • • ,.""· ••vvvv
ccmpenaation, which •r• mL.ltually ■greed upon by •nd between the CONTRACTOR and the
DEPARTMENT, shall be incorporated in wrltten amendments to this contract.
15. Any information, data, instruments. documents studies or reports given io
or prepared or assembled by the CONTRACTOR under this agreement may be pui:iiisneci i:,y
the CONTRACTOR or its employees, or distributed by the CONTRACTOR to any other
individual or organization. Prior to entering into an agreement to publish, or prior to publishing,
the CONTRACTOR or its employees shall give the DEPARTMENT a reasonable opportunity to
review any such proposed publication solely for the purpose of determining If the
DEPARTMENT wishes to be given credit for its funding role in the preparation of any such
Information, data, instruments, documents, studies, or reports If the DEPARTMENT
datarmina& that it wishes to be given credit, then CONTRACTOR shall take all necessary steps
to assure that credit is given by the publisher. Otherwise, the CONTRACTOR may proceed to
enter into any agreement to publish, or may publish, but shall not acknowledge any participation
Dy tne 01:r'AK I Mt:.N I .
16. The CONTRACTOR shell ensure that all publications produced as a
result cf this contract are printed double-sided on recycled paper.
11. The fiiin9 of a petition in bankrupicy or insolvency by or against ihe
CONTRACTOR shall terminate this agreement.
18. The CONTRACTOR shall not assign or transfer any interest in this
agreement.
19. 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.
20. It is agreed between the parties hereto that the place of this contract, its
situ& :.nd forum, shall ba W;;;ke County, North Caronna, and in said County and State sha!! all
matters, whether sounciing ir1 cof1ir'i::1ci i:,;-iufi r"~1~i1(1Q tu Hie vai,uiiy, Cvii.itri.iciivii, iiiic, f-'rctQtiuii
and enforcement of this agreement, be determined.
21 . The CONTRACTOR ag rees that the State may have the right to audit the
records of the CONTRACTOR pertaining io this contract both during parforrnanee and for 36
months after completion or termination. The CONTRACTOR must retain aii recorcis reiating io
this contract and allow employees or agents of the DEPARTMENT to Inspect such records
during the period of time set Ol!t herein.
22 . 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.
23. The CONTRACTOR certifies that he is in compliance with "Attachment I"
A eoe-11r~n,...o.C!_1'..I,-,.~ f"'.r..r\~•n 1,....inn Crnnr::amc:
r"'\ ... ...,,,,.., !::di,---I ·-• I -VI lv'I.I --,,-, I 1 • -=• -• • . .._..
24. Michael Kelly is designated as the Contract Administrator (project
coordinator) for the State. However. any changes in the scope of the contract which wiH
4 of 5
919-715-'1684 NCDE&NR/PURCHASING PAGE ri 8
CONTRACT NO N9008
increase or decrease the CONTRACTOR'$ 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 h~ve
executed this agreement in duplicate originais, one of which is rtittain&d by each of the pariies,
the day and year first above written.
CONTRACTOR
By d),,(~
/ c,11tractor's Signature
Rt.°ald J. Bacskai
Typed Nams
President/Chief Executive Officet
WITNESS:
11 11 ,f) .X y-,, I' J. -r-"
_,<,J' ,.L}/ ½ .._,. --1,L '-,
Signature
Approved as to Form:
Attorney General of North CaroiiM
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
!) • ' ' (flvv·ayne McDev,tt, Secretary
✓ OlRECTOR n\nrcc , ~ . DIV. Of PURCHASE AND SErwiv~
'-..__fu). 6.M).._ 6 . 6-_Jc;~ ·
Department Head's Signature
or AuthOrized Agent
WITNESS:
" ,. \. i .. ._._.., . 7 . --:<
_..,.---: -. J I ' '\, • ,. / ........ ("' 1 ·; nv '> /. n:e:6::-::S,,,
\: .. -' ' I Signature
DUPLICATE ORIGINAL
5 of 5
03 /01 /2000 11:15 919-715-0584 NCDE&~~R i PURCHASING PAGE 09
SCOPE OF WORK
WARREN COUNTY PCB LANDFILL
DETOXIFICATION DESIGN
ATTACHMENT A
INTRODUCTION
In f.A.,. .. .-.h '1000 CTI:! C:-,,!~-----~-1 1--lr-".-r-,-.., ___ .._ __ ,., _ _, .-·---"·--•-· ' · · t "' ,,., .... , v,' f '-'"-''-', ... I"" L..1 IVII UI 11 11,:;:1 llQI, I I Iv. \C:. I I.:]) ::iUUI I llllt:::U i:l pr1:,11m1nary aes1gn aocumen
to the State of North Carolina for the detoxification of the Warren County PCB Landfill
using Base Catalyzed Decomposition (BCD) technology This document was subsequently
approved by the State as a preliminary (conceptual) design for closure of the facility. Such
closure was deemed by the State to be an effective means of fairly addressing key issues
of the 1'Notice of Non-Compliance" issued by the EPA for the facility, as well as meeting the
t"'nrnmifmQnt m~~o h., tho Ct,.,+ .... +,-.. ...l,....+,..._,;.;,, H, .... , __ ,..i:;11 , .. 1.-.--., ___ L-:-.-11• • z. · ·• • ---0 ' 'p __ ....... ~ .,_ ... ., , ... ~--..,, ,, , ... 'VLCHQ LV ... .,,,...,,. .. y Liiv ICll lUIIII VVlle::111 u::;r,;111111,.;1:S11y reas101e. I ne,
meet the aggressive design schedule in an efficient manner, ETG has teamed with BFA
Environmental. an environmentai design firm with a thorough understanding of the goal$
and objectives of al! project stakeholders.
since the submittal of the preliminary design document, the North Carolina legislature has
incorporQt.-d tha utiliz.ition of BCD for the landfill detoxification into law end has specified
the appropriate treatment standards required for the detoxification of the landfill.
Th.=. n11rnf'\CG t"\f+h:c-ril"\r•,i""''r,r'\♦ ;,.. +"" _,,.,.:; __ •'-----------..i _____ :_ .... _ ·' · · •• :_ ,..:~. I'"'...,...,.., ...,, ., .. ~ ...,...,.., .... ,, ,,.,, ",.., LV VULlll 10 ll IC ;:,1..,Uj-lt::" cll lU c1::;::;Ut;li;:H(;U necessary services
to prepare a final Design Report and develop a set of final design plans and specifications.
This scope of services is. therefore. intended to provide the professional services
necessary to develop a final design document and specifications with sufficient detail such
that Request for PropoBBls (RFPs) can be issued for a!! or substantial componants of tl"'iis
nrnia,-,+ Th;c <"'f""f""'10 .,.,;<:"r"\ :nr"\i11ri"" ♦k-~-.--i-----~ -&··--=-··· ... ' I -,.... -r·-----'' ................ ~ ..... u,..,..., " ...... , ...... ,:;;.., LI 1c; uc;v,;:1vt.JI I !Cl ll Ut Veit IUUS project p1ans necessary Tor
proper execution of the anticipated project activities. If the activities deemed necessary
to fulfill the goal of detoxification incr .. ase beyond what is described herein, this scope of
work will be amended accordingly.
State representatives from the Division of Waste Management and representatives of the
ETG/8FA team developed this scope of work based on our historical involvement in the
project, the February 4, 1999 mfi~ting with State and the approved concept for de~ign
outlined in the March, 1998 Phase II Preliminary Design Report. ·
Task 1
1.1
Project Definition, Planning and Scoping
Project Initiation
FTG/RFA w il! m;=,.=t \Mit h k-01, n:lnr·oc:,cnt-:,+:\IC.<'> n+ +h~ c+~•-·-r ,;. _;_; __ -L I n ,_ -• -_. -· -·. ~ ••...•.• _:_ ....... ., ....,_, ,_,_.,,...,....,"--''"c.,c1.,v"-'..> v, 1.11c:; ....,.,alt::::,, u1v1:=i1u11 ua VVO::ite
Management to discuss the necessary project design components, review the
preliminary design report, and identify substantive additions to the detoxification
design process. It is assumed that tvvo meet!ngs with the State wlH be reqUiied
to accomplish thi~ task.
03/01/2000 11:15 919-715-0684 NCDE&NR/PURCHASING PAGE 10
1.2
Taek 2
,., -1 L . I
2.2
Task 3
General
ATTACHM.EN1 A.
Tne ETG/8FA team wiii work cioseiy with the State Project Manager and staff
to develop a scope of services document inciusive of all design components
identified during meetinQs with the State or as previously outlined in the
preliminary design report.
The d~to~~nc~t!0n of tr!c:: PGE, 18 r,d~n ~s 3 un~que project: ha\f.1eve~~, the~e 2r~
numerous Standard Operating Procedures (SOPs), which can be adopted for
successful implementation. The ETG/BFA team will continually work with the
State to adjust our approach to insure that we are on the path of !east
resistance.
Pertinent Data Collection, Analysis and Background Data Review
Landfill Features and Rslationshin to nP.tnxific"'::itir1n
A thorough understanding of the facility, its historical operations, design and the
characteristics of its contents are necessary in order to implement an effective
and efficient final des;gn. The ETG/BFA team wiii have access to a complete
~ ~ 1 .c: t "-t • f •I' 4 , , , ,._ r • b· • J. • ,. • • • · 1 cc,py' of tde .....,tate s iii2 on i.,l ~S :8C :::~y. unaei LJdS su lasx tnese Tiies vviii oe
;·f:v,~W~u to iueiiiiry issues inat mignt anect tne design of the detoxification.
This review wlll determine the degree cf the survey requ ired to complete the
finai design (Section 3.1 )
Implementation c:,f the proposed fineil design act!v!tles at the !andfiil \Vil!
necessitate review and analysis of local, state, and federal guidelines. Under
tt1is task, the ETG/BFA team will work closely with officiais to identify the rule~
-l I .._, 1 ' I '" , , · -· . • • • • • • • • c:ir1u reQi.i18ti6iis wnicn w111 govern aeroxrncatIon act1v1t1es. In particular, we will
work hand-in-hand with the State's Project Manager during this task. The
jurisdictional applicability of Supe:fund, RCR;\, TSCl\ and State's VVaste
Management rules •.viii be thoroughly investigated under this task. Additionaily ,
North Carolina Department of Transportation design criteria will be reviewed to
Detoxification and Process Design
The design tasks outlined below assume that no new Information w!I! be obtained
concerning the final design requirErnents. 1f the impiementation of Task 2 above identifies
new design criteria not discussed in this sccpe it will be amended accordingly. The design
process assumes that monthly progress meetings will be held between the Design .Team
and the State. These meeting~ will be held to ensure efficient project execut!on.
03/01 /2000 11:15 919-715-0684 NCUl::::.6'..Nl..//1-'UI../CHA::.lNl.:, t-'A(.:it:. ll
3.1
ATTACHMENT A
Site and Area Survey
A detailed survey will be prepared for the site. The limits of the survey will be
determined wltfi stfltB ~pproval. Undei thls task, the ETG/BFA taam will provlde
to the State a scope of wori< tnat can be useci io issue a conirad for foe survey.
It will include the survey needs along with the survey format required so that it
is compatible with the design objectives. The ETG/BFA team will also help
identify local survey firms that can meet the requirements.
3.2 Site Geotechnical Evaluation
3.3
Geotechnica! analysis of existing data will be performed beneath each
proposed structure associated with all equipment areas. Areas needing
~rlrlitinnA! t~~t1nn v.;i!! h~ id~ntified and the ETG/BF.0, team v1lf! nrovide the State ---·-·-··-· ----·· ·..;, ..... ·--·---····· --. .. . . . .
with a scope of work that can be used to issue a contract for the compaction
tests. The ETG/BFA team \Nil! also help Identify local firms that can meet the
requirements. Suitable compaction tests will be performed associated with fina!
grade and fill placement. Additional geotechnical SUNeys within the boundaries
nf th.a I ~nrlfi!l ~r~ nnt ~ntir.in~t~ri tn hP rP.nt:irRr1 - . -· . ---.. -. . . . -. -.. ----..•. - . r---• - -• - ---7 -.. --- .
Site Layout and Logistics
The ETG/BFA team will work to ensure that the final design incorporates a
faciiity iayout, which maximizes efficiency during aii phases of ine projeci. Gf
particular concern is the flow of site activities during the various phases of
excavation and bac!<.fi!ling The strategic location and sizing of contamination
reduction zones, support areas, treatment areas, decontamination faciiities, and
stormvv'ater managernent faci lities ,Nill all be determined under this task. The
siie iayoui wiii aiso be designeci to accommodaie ine proposeci finai use or ine
f~clllty. Future land use wlll be determined by the community and this
information will be provided to the ETG/BFA team,
3.3.2
Detoxification eq uipment areas will be designed to ensure efficient
imolementation of the BCD crocess. as indicated in the Phase II . ' ' report. It is anticipated that areas will range from unpaved to paved,
coverea to uncovereci. it is assumeci tnat tile areas icientiiieci in tne
Phase II report will form the basis of the final design plans and
specification
The flow of material has been generally discussed in the Phase II
document. Under this task a detailed desian of the followina areas
will be defined: 1) PCB contaminated soil,~ 2) contaminated ...,debris ,
3) treated sou , and 4) c~ean son .
03/01 /2000 11:15 919-715-0684 NCDE&t-JR/PURCHAS It-JG PAGE 12
3.4
Design of soil management procedures will also m1rnm1ze dust
formation and migration. Because wind blown deposition of dust
particles rspresents the most significant source of potential off-site
minr--tir"r. n.f D(" P.r:: the CTf",/P.F A team will \"!,....rk c'n.c;:Q!\! ._ .. Ith tho , , dH, c ... w,, u. • ....;.....,_, u .-.... -1 -._:, -· • L , 1 .1 i.:u., n, . .;_...,.,! •• •"', "' •-
State to e;1sure the !atest, most applicable safeguards are in place.
3. 3. 3 Building. Structures. Parking and Personnel Support Areas
The facility design w:!I include temporar/ construction trailers located
as shown in the Phase II report. Under this task ETG/BFA wil! work
rlnc,:,.h, \A/i+h +h.,,. C::+:::.+o ,::,nrl rnrnrn, ,n;t\J fOl"lt'O<::gnf:::o+i",:,.c:, Th<:> f, ,+, ,,..,,.
-·---·, ···"'' 11,,,_ .....,.,_.__ -··---······-···"1 ·-t""·---··---"··--· '''"-"' '""'"'""""'"-'
use of the facility including any permanent building(s) will be
incorporated into the community's reuse plan for the property after
detoxification .
A r,r::;;,1PI n~rkinn :::1rP~ will hie, nawirlPrl nP~r thi=,. r1::it~ri .:::ntr~nro tn th.:.
r ·v ·---· ..--··-···.;ii-----·••· --,·--·---··--· -··-'iJ-·---····-··--~-.. ,,_
facility. It will be adjacent to the construction trailers and designed
to remain in use after detoxification.
The contamination reduction areas will consist of decontamination
pads. which drain to sumps, and portable units used as necessary'
before equ ipment or per5onnel can exit exclusion zones. The fina! .
svstem desiqn is anticipated to be similar to that orooosed in the . . . ' '
Phase II document.
Infrastructure lmorovements
"'"" i "' ,...., . , •·' .. , J.4. 1 r:=1ecmca1
The site currently contains electrical service, which is not sufficient
to meet the detoxification facility demand of the proposed
detoxification eouioment. The ETG/BFA team wil! work cto5elv with I I 'J ' • • •· •
:=iii Pl.:.,-:tri,-,:::.1 ,~,-,11.;:; lit::.nt t,-, .=.t· .. ~; ire, thci. fino: r{~~if1r·, rli:>~r:" ,-t,=,+::i;lc t:,.,.,,.
-• • -•----• •--• _,...,, •--•---• '"' ,_ -• •--• -,1 •-1111-1 ---•:::,• I -•-"-"'1 •:, --~-••-~I, ......
detoxification power requirements.
3.4.2 Access and Perimeter Road Improvements
T!"le f:n~I dssign pians and sp2ciftcations will include road ·. . . . . rrnprovernems necessc1ry w upgraae ex1st1ng roaas or cu11a new
ones to deal w ith the increased traffic associated with the
detoxification activities. The access road from State Road 1604 to
the site will be included in this evaluation. The improvements will
incorocrate ttie neces~~nrv loc-:al rJiid ~tntr: stnnrl;;;rri~ P~rti~tj!~r
• •• -• -• ---✓ . • • ••••• ---------···--··--· • -------·-·
attention will be paid to proper drainage and stormwater
management.
03/01 /2000 11:15 91'3-715-0584 NCDE&NR/PURCHASING PAGE 13
3.4.3
ATTACHMENT A
vVater
The ETG/BFA team 11✓!1! slze and design a water transmission main
necessary to extend water services to the PCB Landfi!!. The
transmission main will run along the site access road from State
Road i 604. Sufficient detaii wiii be provided such that a R.FP can
be Issued.
3.5 S1ormwater Management
3.6
-· . J , o, 7 c.;1ean ;:;;wrmwater
3,5.2
Site drainage will be designed to isolate clean stormwater from
construction impacted stormwater. A series of swales, culverts and
berms along the site access road , within exclusion zones, and
around the contaminated soil stockpile will be designed to
accomplisl1 tl1is task. Clean water will be diverted to a lined pond
north of the l~ndfill. The ETG/BFA te!lm will identify any special
requirements for lining the pond. A conservative stormwater event
design standard will be determined in concert with State
requirements and . incorporated into the final design and sizing of
retention and treatment structures .
Construction Water
I\.,... ...., _____ ,1., • ....,l:---1 ;_ •t.....-r"'\L..-.--II ..J --••---~ .,,_, __ r, ___ , _, __ :_,_ Ill
,.....,~ L.iUIIL.it=f.J\Ui;:IIJLt;:l,J Ill l :lt:;: rr,c:1:::;~ 11 uui.;urrr~rll, LIi~ llfli;:11 u~::;,gri Will
convey impacted stormwater to a water treatment area consisting
primariiy of activated carbon. Other design alternatives wi!! be
r.nn~idr=:r~rl rli :rinn thA fit~~! rlA:::.ir'in rd-t"1t-:;::.~;: Th.=. frQofmt!lnt .=.ffi,--i~n,---"
-------·------····o -··-····-· ---·:::,·• r-·-----· ···-•·--••••-•• .. -•••-•-••-1
of each option will be evaluated and the best alternative selected.
Excavation Process Des iQn
3. 6. 1 Phasing and Site Management
The final design will detail the plan and profile of the landfill during
several phases of the construction process. It is critical that a clear
understanding of the excavation process be communicated by the
flnar design documents. It is anticipated that design details will be
~enerated for approximate Iv ten (10) distinct ohases of the
excavation process. This process wil.l detail all criti;al components
of detoxifi cation .
C.
03/01/2000 11:15 919-715-0584 ~-.ICDE&~-.IR I PURCHAS I ~-.IG PAGE 14
3.7
ATTACHMENT A
PCB Soil Treatment and Process Oesian
Under this tesk ETG will ~rovide equipment performance requirements for the
,..,,...0 trAr'-.-,,..,-,-"-·-----~~ 1,..,-,-",.J "-~-·'"'-· "_:, •o '"'"' + .. e,,•ed an~ th8 pr □' ...,,-,,-H'!! 1:)1...., ,;;;<.H11lt:::! il µtU~t:::,::, L.)c;t~CU Uf-JUII LJIC ~UJI L UC ll CH IU ~II . vu LClllUIIII
treatment standards. A cieiaiieci summary of ~nases i anci ii wiii oe provic:iec:i.
Regulatory considerations will be addressed. The exact detail of the process
description will be thoroughiy discussed with the State during the design effort
to provide enough detaii to interest potential bidders but not limit potential
competition. More detail can be provided on standard subsystems of
@auioment inc!udino material hand!ina. Eauioment requirements wi!! be
-·1 • ., ·, --,
specified for the following:
• Material handling and preparation
• Batch vacuum system (Solid Phase BCD)
• Continuous system (So!id Phase BCD)
• Liquid Phase BCD treatment
• Process wastewater treatment
3.8 ConfirmationNerification Samp ling
3.9
3. 8. 1 Inflow and 01Jtflo w
In concert with the State. the ETG/BFA team will design a sampling
and testing prog ram sufficient to verify the vertical limits of
excavation and that the residual concentration of PCBs/dioxins of
+.~-..,.,._""'+'"',-J ,.__-+-,.:-.I ;,.. h ...... i"''"' +hi""\ QC';-"1h,ic-h.cr1 'trcr:i+n-icn+ e ~-=.nri~r~c i.JIC LICOLc;U 11101,.c;IIOI 10 lt.JOIVV'II LIIQ g.;,~11.,1..,11..::::1111_ ..... 1,r -c.1.1t11io..,111,. .Jl.c.Al f -LAI-'--'•
EPA and state protocol will be adhered to in establishing the
.ippropriate grid int'1rvals for verification sampiing.
Backfilling and Final Gradinq
3.9. 1 Loqjstics and Testin a y ~
D' ,~;,..,,., rl..--+,.__,;.;;,.....,+;,.._,., fre"terl S"ils u,ill ho barlrtollerl -;,nrl rl"\,..,..,,-,-=,,..;orl U lll l~ UCLUAli lVOLIVII, \I Q~ V VII VVUI U\.,,. Vl\.11,1 U "4ll\.A VU lf lt,J'-"VI.V\.ot
in an incremental fashion. The deslgn team will ensure thc1t
h~..--l.,.fill;,-,,... ""'""~.,.+:'"'"'c-""~"" ,.,h..,.,,o,-l c,1 ,,..h tho+ it u,iii nf"lt f'f"lntlir+ ,.,i+i-,
"-'Col"-"l'llllfl I~ \,,,l...,'-,,1 ~1.lVI lto.1 ~I'-tJI IUV"""""' ....,...,..,_., I ,11"-"''-,, ••"• • ,_., --• ,,.,_., •• ,._,,
excavation and PCB soil treatment operations. Backfilled soil will be
tested for compaction after each lift, and water will be added from
the stormwater area to the north as necessary to achieve optimum
moisture content.
The topography of the closed facility will be graded to accommodate
the property's future use.
03/01 /2000 11:15 919-715-0584 t~CDE&t~R i PURCHAS I t~G PAGE 09
SCOPE OF WORK
WARREN COUNTY PCB LANDFILL
DETOXIFICATION DESIGN
ATTACHMENT A
INTRODUCTION
In t.,1..,.,.,-.h -iOOC CTr:? C:-,,!------~-1 1--tr-:-r-r-, ___ ._ __ ,., _ _, .----"·--•· · ' . . t ,. , .. , ... , _,,, , ..,.,...,, ,_, ,._. L.1 ,v11 u, ", ,c:::, r~Q1 , "'"'· \C., ....:, ; ::iuur 11ntc:::u c1 prt,11mInary aesIgn aocumen
to the State of North Carolina for the detoxification of the Warren County PCB Landfill
using Base Catalyzed Decomposition (BCD) technology. This document was subsequently
approved by the State as a preliminary (conceptual) design for closure of the facility . Such
closure was deemed by the State to be an effective means of fairly addressing key issues
of the ('Notice of Non-Compliance" issued by the EPA for the facility, as well as meeting the
l"t'IMmifmg.nt m~MO h" the Ct,.+,-,+,-, ~,...4,_.,;,r_, ♦h .... , __ , .. u:11 ••• i...--•---:L-=-.-"· . .& ••• , ' .... 0 n' e·,p __ ........... -..... , ....... _ ..,, ,., ........ .,, .... •v """>L'-'""Y UIO ICJIIUIIII VVIIOII lt::l.illllll,,;i:UIY reas101e. I
meet the aggressive design schedule in an efficient manner, ETG has teamed with BFA
Environmental. an environmentai design firm with a thorough understanding of the goels
and objectives of al! project stakeholders .
Since the submittal of the preliminary design document, the North Carolina legislature has
incorpor.lted the utiliz.ttion of BCD for the landfill detoxification into law end has specified
the appropriate treatment standards requ ired for the detoxification of the landfill.
Th .... n11rnn~o l'\f+h:c rll'\f'rf ►"\,'\Al"'t♦ ;,... +-_., ... :; __ .,i,.._ -----__ .; -----=-~-·' · . • • • ::: ,.)~-,... .......... ....,, ., "" ... ..,,., ... ,, ,..,, " '"' LU uu Lill Iv ll IC -:,1..,UJ-IC: di IU i::l::i::iUl.ili;Ut;U necessary services
to prepare a final Design Report and develop a set of final design plans and specifications.
This scope of services is , therefore. intended to provide the professional services
necessary to develop a final design document and specifications with sufficient detaii such
that Request for Proposc:1ls (RFPs) can be issued for a!! or substantial components of tllls
nrAi0,,♦ Th;CC'r'\1'1"'\0'),~M:nl"'\i111"ir'\l"\ ..... _.,..J_,,_j _____ J._~,.--:-... __ . I ' -
,.. .... J~~·· , , ................ ,...,..., u,.:...., ",_,, ........ c:,_, ., ,c:: uc::v~1v1-1r 11c, ll u, vc1r 1ou~ pr0Jec1 p1ans necessary ror
proper execution of the anticipated project activities. If the activities deemed necessary
to fulfill the goal of detoxification incri.ase beyond what is described herein , this scope of
work will be amended accordingly.
State representatives from the Division of Waste Management and representatives of the
ETG/BFA team developed this scope of work based on our historical involvement in the
project, the February 4, 1999 m&Qting with State and the approved concept for de~ign
outlined in the March, 1998 Phase II Preliminary Design Report. ·
Task 1
1.1
Project Definition, Planning and Scoping
Project Initiation
FT0,/RFA will m;=,,=t \Mith lco1, re:n:"Oc-ont~+i\lC<' ,..~ +h~ C'+~• ... •-,,;. _;_; __ -LI n , __ -;• -__ -· __ • _ ........ --.............. -, ·-~'"""'"''--'1"£.ALIV"-'.., v1 L11ic; "'-1~c::au:; ~ u1v1=a1u11 u1 vvc:1:ste
Management to discuss the necessary project design components, review the
preliminary design report, and identify substantive additions to the detoxification
design process. It is assumed that two meetings ,Nith the State wil: be required
to accompiisr1 thib t~sk.
03/01/2000 11:15 919-715-0684 NCDE&NR/PURCHASING PAGE 10
ATTACHMENT A.
1.2 Scooe Devf!loornent
Teek 2
, 2.1
Task 3
General
The ETGi8FA team wiii work cioseiy with the State Project Manager and staff
to develop a scope of services document inciusive of all design components
identified during meetinQs with the State or as previously outlined in the
preliminary design report.
The dstox?fication nf the=: PC:R !~;---l('ffl 1? i~ ;:; i inini IP nrr.i.:irt· hn\A/A\JWr" +hcra 'lr~ . · ... ·-··• · --···-· ---· -···· ·---···-,--r--·-J--•· ··-··-•-•1 lt,11-1'-' c;;.t•9
numerous Standard Operating Procedures (SOPs), which can be adopted for
successful implementation. The ETG/BFA team will continually work with the
State to adjust our approach to insure that we are on the path of !east
resistance.
Pertinent Data Collection, Analysis and Background Data Review
A thorough understanding of the facility, its historical operations, design and the
characteristics of its contents are necessary in order to implement an effective
and efficient finai des;gn. The ETG/BFA team wiii have access to a complete
,. 1-, S I .C:1 -'l . f •1•4 f , , +-' . b,a. ' •• ,.., ... r copy O; t, ;8 tate s ;i;e on (11:S :SC,;i,y. , .. moer Lil lS su .as:< tnese rnes w;ii oe
i-~v,eWeu to 1uen1iry issues inat mignt anect tne c:iesign of the detoxifi cation.
This review wlll determine the degree cf the surJey required to complete the
final design (Section 3.1)
Implementation of the proposed final design act!v!tles at the landfill \Ni l!
necessitate review and analysis of local, state, and federal guidelines. Under
this task, the ETG/BFA team will work closely with officials to identify the rule~
d!IU rt:Qi.i1~i1oiis wnicn wiii govern cietoxirication activities. in particular, we Will
work hand-in-hand w ith the State's Project Manager during this task. The
jurisdictional applicabi!ity of Superfund, RCR.A , TSC,A, and State's \./'Jaste
Management rules \Nill be thorough[y investigated under this task. Additiona!ly,
North Carollna Department of Transportation design criteria will be reviewed to
,..._,.. ____ : _____ ,; __ t-:1:.6, . .L-.,_,_ -·-·•-·-•••. I • • • • ·
u-=>li:::111111 ,c c::qJµ111..,c:1u11ny tu u1~ pr uµu::;ea pro1ect_ roaoway_ improvements.
Detoxification and Process Design
The design tasks outlined below assume that no new Information w!!! be obt~ined
concerning the final design requiri=rnents . If the impiementation of Task 2 above identifies
new design criteria not discussed in this scope it will be amended accordingly. The design
process assumes that monthiy progress meetings will be held between the Design ,Team
and the State. These meeting!!! will be held to emrnre efficient project execution .
..,
L
03/01 /2000 11:15 919-715-0584 NCDE&t~R/PURCHAS ING PAGE 11
3.1
ATTACHMENT A
Site and Area Survey
A detailed survey will be prepared for the site. The limits of the survey wili be
determined witli st.idte ~ppmvaL Undei th is task, the ETG/BFA taam wi:: provlde
. -• • . • . • • • r •• to tne titate a scope or worK mat canoe usea to issue a contract ror me survey.
It will include the survey needs along with the survey format required so that it
is compatible with the design objectives. The ETG/BFA team will also help
identifv local survev firms that can meet the requirements. . .
3.2 Site Geotechnical Evaluation
Geotechnica! analysis of existing data will be performed beneath each
proposed structure associated with all equipment areas. Areas needing
~rlrlitinn~! t2~tinr1 vi.fl!! h2 ki~ntified 2nd the ETG/BF}l, team v;;i!! nrovide the State -------··-· ----·· .• -------·-··-. --.
with a scope of work that can be used to issue a contract for the compaction
tests. The ETG/Bf A team \Nil! a!so he!p tdentlfy loca! f!rms that can meet the
requirements. Suitable compaction tests will be performed associated with fina !
grade and fill placement. Additional geotechnical surveys within the boundaries
r~f thP. I ~nrlfHl ~rA nnt ~ntir.!n~t~ri tn r;r: rP.n t :in=:rl -· -··---··-···· -·-··---··-·-·r--·---------,--·--··
3.3 Site Layout and Logistics
The ETG/BFA team will woik to ensure that the final design incorporates a
faciiiiy iayout, which maximizes efficiency during aii phases of ine projeci. Of
particular concern is the flow of site activities during the various phases of
excavation and backfi!!ing. The strategic location and sizing of contamination
reduction zones, support areas, treatment areas, decontamination facilities, and
storm-Nater management facilities \Nill all be determined under this task. Tt,e
site iayoui wiii aiso be ciesigneci io accommociaie ine proposed finai use or tne
faclllty. Future lcind use wil l be determined by the community and this
information wil l be provided to the ETG/BFA team,
3.3.1
3.3.2
FnuinmP.nt ArP.RS -., -· ·,-... -.. -... --· -
Detoxification equipment areas will be designed to ensure efficlent
implementation of the BCD process, as indicated in the Phase II
report. It is anticipated that areas will range from unpaved to paved , . . ' .. . . .. . .. . . ··-. . .. coverea to uncoverea. tt 1s assumea mat me areas 1aemmea 1n me
Phase II report will form the basis of the final design plans and
specification
The flow of material has been generally discussed in the Phase II
document. Under this task a detailed design of the following areas
will be defined: 1) PCB contaminated soil, 2) contaminated debris,
3) treated so!?, and 4) c!ean son.
03 /01 /2000 11:15 919-715-0584 NCDE&t-.JR /PURCHASING PAGE 12
3.4
Design of soil management procedures will also m1rnm1ze dust
formation and migration. Because wind blown deposition of dust
particles represents the most significant source of potential off-site
miqrat!-:Jn of PCE-sl the ETG/BFA~ team \VIH vvork closet'/ ~\!!t~ the --
State to e:1sure the !ate!::t, most applicable safeguards are in place.
3.3.3 Building. Structures. Parking and Personnel Support Areas
The fac:llty design \Ni!I include temporarf construction trailers located
as shown in the Phase II report. Under this task ETG/BFA wil! work
rlnc:,,:::,.h, \Ali+h fh,:::,. C::+,:,tc, ,::,nr1 rnmrn, ,n;h, fOl'll'cC::0nf::.+i""""' Th.:> f, ,+, ,re -·---·, ···~·· ···-_\._\._ -··---······-·••1.1 •-f"'•---••'-'-"'"•·--· ,,,...., '""'"""'''-'
use of the facility including any permanent building(s) will be
incorporated into the community's reuse plan for the property after
detoxification.
A r,r;;n1Pi n:=irkinri :=irP:::l wili hP na'\\lirlPrl n1=>:::1r thP r,:;:\t~rl .:::ntr~nr-i=. t,, i-h.=. ~ . O ' ---· r--· .... ·;::, -· --..... - -,-· -. ·---. ·--· ,.. •-.;,-•---• ••• -• •--~-,., •-
facility. It will be adjacent to the construction trailers and designed
to remain in use after detoxification.
The contamination reduction areas will consist of decontamination
pads. which drain to sumps, and portable units used as necessary
before equipment or pernonnel can ex,t exclusion zones. The fina!
sysiem design is anticipated to be similar to that proposed in the
Phase II document.
Infrastructure lmorovements
~ " Ji ,...., . . , -~ .. , ..J.4. 1 t::.Iecmca1
The site currently contains elect:ical service, which is not sufficient
to meet the detoxification facility demand of the proposed
detoxification equipment. The ETG/BFA team wil! work closely wrth
::iii i::-li=-,:tii,-:;:;1 ,~,-,;;.-:;;; 1it::.nt t,-, ,=.no;:; 1r,:, the. fine.: rk,C:ifiri ,-1.::,~r:" rl.=+=i;k H,Q -·. -·--... ·--· --· ·--· .. -· ... ,_ -· ·--· -.. , ·-... ·-· ---•::,• • -·--· •:, __ .__, __ ~· ·-
detoxification power requirements.
3-4.2 Access and Perimeter Road Improvements
The fi"'l"\1 d,..~·1g~ p1~-5 ~~,.! ~--~,r.~-t·ons \i.,-,,11· ,·nc,1u· ·a':::. ro::::u'' & 11 111 IC:Zf C.:> l I IGIII GIJ IU .::::>t,JC1..,Hll..C2_ I I V --
improvemenis necessary to upgrade exisi:ing roacis or buiici new
ones to deal with the increased traffic associated with the
detoxification activities. The access road from State Road 1604 to
the site will be included in this evaluation. The improvements wiii
incorncrate t~-iC nece s~:r.ir\/ !ocai nnd ~tntr: stnnri;;rn~ P~rtir:; ~f~r . . . . . ..... ., . . -·· ... ---·-----·· ·------· --· ------·
attention will be paid to proper drainage and stormwater
managemer:t.
03/01 /2000 11:15 919-715-0584 NCDE&NR/PURCHASING PAGE 13
3.5
3,6
3.4.3
ATTACHMENT A
LtVater
The ETG/BF A team w!I! s!ze and design a water transmission main
necessary to extend water services to the PCB Landfill. The
transmission main will run along the site access road from State
Road i 604. Sufficient detaii wiii be provided sucn that a RFP, can
be Issued.
Stormwater Management
--. J . o. 7 c.;1ean :::itormwater
3.5.2
Site drainage will be designed to isolate clean stormwater from
construction impacted stormwater. A series of swales1 culverts and
berms along the site access road, within exclusion zones, and
around the contaminated soil stockpile will be designed to
accomp!isl1 this task. Clean water will be diverted to a lined pond
north of the lendfill. The ETG/BFA te!lm will identify any special
requirements for lining the pond. A conservative stormwater event
design standard will be determined in concert with State
requirements and . incorporated into the final design and sizing of
retention and treatment structures.
Construction Water
I\-_,. _____ ,._.,_1:_,...-J ;.,_ ,.t.... .... t'\L..-. ... -. II ..J--··----"-••--r, ___ 1 _, __ : ___ . 111
,-,.-:, L;UllvC::f-l\Uc:IIILt;:U Ill l:lt:;: r11ct:::>t: II UUl;Ufltelll, LIie llfli;ll u~~1gr1 WIii
convey impacted stormwater to a water treatment area consisting
primariiy of activated carbon. Other design alternatives wi!! be
r.nn~id~:·P:ri rl ~ ;rinr; thA fin~! rlA~i{iii i""1it'-u~.=,;: Th.=. tr~at,nunt µff;,-.;~;-;,-.. \/ --------------····o ~---····-· ---·::,·· r-·-----· ···-..,. __ .,,,_,,.,_,,,_,_,,_,
of each option will be evaluated and the best alternative selected .
Excavation Process Desian
3. 6. 1 Phasing arid Site Management
The final desiQn will detail the plan and profile of the landfill during
several phases of the construction process. It is critical that a clear
understandino of the excavation crocess be communicated bv the -' J final design documents. lt is ant1dpated that design details will be
qenerated for approximatel v ten (10) distinct chases of the -. . . . . .
excavation process. This process will detail all critical components
of detoxification .
C.
03 /01 /2000 11:15 919-715-0584 t~CDE&t~R / PURCHAS I t~G PAGE 14
3 .7
ATTACHMENT A
PCB Soil Treatment and Process Desian
Under this task ETG will ~rovide e9uipment performance requirements for the
81'"\n trr·v••r.,..,-1-• ·-•---~,. L,.~--. ...J "-~-H----.:1 •" h "' t,-o,...+erl anrl th8 p r e• I ..,,..,-H'!! L,U ,:;c:IL11 lt::! il µIU(...t:::::::>l:> Uct:::,CU Ut-'UII LIIC ::>U II LU UC: ll,::;c:H \,,l 111....1 l ll . vu L..ClllUllll
treatment standaras. A aeta11ea summary of ;::nases i ana ii wii i oe proviciea .
Regulatory considerations ~viii be addressed . The exact detail of the process
description will be thoroughiy discussed with the State during the design effort
to provide enough detaii to interest potential bidders but not limit potentiai
competition. More detail can be provided on standard subsystems of
eauioment inc!udina mater!al hand!ina. Eauioment reauirements wi !! be
-·1 -., , --•
specified for the following:
• Material handling and preparation
• Batch vacuu·m system (Solid Phase BCD)
• Continuous system (So!id Phase BCD)
• Liquid Phase BCD treatment
• Process wastewater treatment
3.8 ConfirmationNerifi cation Sampling
3.9
3. 8. 1 Inflow and 01;tflow
In concert with the State. the ETG/BFA team will design a sampling
and testing program sufficient to verify the vertical Hm its of
excavation and tr-,at the res idual concentration of PCBs/dioxins of
+.~-.,,-,r.-+-,.J --+,-,.,.:-.I ;,... h n lr\1 ,1,1 +h"'-.c.t"'+,,hi;c-hcr1 +rcr:i'tmon+ e +-:n~-::.ri~c '-,)IC Ll c:;:c:::tLc:;:u IIIOLc:;:1101 ,,=, ,._,~IVYV LJlO .._,._..,...,..,,h;:IIU, .... -1., ............. ,,11o,,.,11r.. _ .. c.,u,_._.., ..... ....,,
EPA and state protocol will be adhered to in establishing the
.appropriate grid int~rvals far verification sampiir,g.
Backfilling and Fina l Grad ina
3. 9.1 Logistics and Testing
n, ,,.;...,,., ,4,-,+,._";;;,....,+;,.._,., t~.--. .-.terl S"ils .. ,ill he, ba,-.l,f:llerl -,,,-,,-l ,..,..,,.,..,,..,-=,,-.tori LJU l lll~ UCLUAllll....,01.IVII, uva.a. V 1..111 VV UI U'--UI\ ld u Ull\.,,,l VVl11t--'I..AV\.V'-'4
in an . incremental fashion . The design team wiii ensure that
h-,.--1.,fd l,,-,,., '"'""""',..,,+:,."'"c-..,.;= nho:oc,,o~ 011/'h tho+ it \Ariii nnt ,..,..,,.,fiirt 1A1ith
"-'Ct'-'1'111111 I~ '-'t-'"-1 c..tl.llr,JI t...> ~1 '-)'-'I lc..,6V'-"-....,..,.._,. I '-1 ........ , .. ••U• I •-'---• Ito•-.. •• ,.,, 1
excavation and PCB so il treatment operations. Backfilled soil will be
tested fo r compaction after each lift. and water will be added from
the storrnwater area to the north as necessary to achieve optimum
moisture content.
The topography of the closed facility will be graded to accommodate
the property's future use.
03/01 /2000 11:15 919-715-0684 NCDE&NR /PURCHASING PAGE 15
ATTACHMENT A
4.1 Community Reuse P!an Meetings
4.2
Task 5
Representatives from the design team will coordinate closely with community
leaders and the State in an effort to include desired future land use into the final
design plans and specifications. Two meetings with community officials are
anticipated under th is task.
Regu!atorv Coordination
The design t1:1am will meet with regulatory officials to determine the potential for
land use restrictions and generally assist the State and community in
addressing the concerns of regulators . Attendance at one meeting by
ETG/BFA staff is assumed for this subtask.
~
Project Work Plans and Deliverables
Tho t4oc,il"lt"I +earn 1A1il1 ,,~\t~lnr"I ~nrl \MritP thP fnllnwinn wnrk nl::m~ :.;inci n=mnrts in ~C';r:(')rdance ''''"''""''"""""''~'' ·--··· ·····--·-·-t"'-··---··---··-·-··--·••·;::, ··-···r-·-···--···-·-,--·--... -·---·-·····--
with the outlines provided in the Phase II report, while incorporating the results from any
additional investigation(s) and applicable protocol. All plans will be developed with
involvement from the community and concurrence from the State. Representatives from
Warren County will also be consulted during preparation of the community involvement
""'I~" J,,IIQllo
5.1
5.2
5.3
0.4
5.6
5.7
5.8
5.9
i:::; 1 ("\ V . IU
Detmcjfication Design Work Piao and Schedule
Comm1Joity Involvement Pl an
Project Health ~nd Safety Plan
Performance Demonstration P!an
Air Mrmitnrinn Pl;::in C •·• rr ·r · ··--·•·•iii' ..
Site Operations Piao
Quality Assurance Project Pian
Finai VerificationiCoofirmation Sa mpiing Pian
Con5truction OtJali~v A_~surance....El.Q.iect Plan
En1ercencv Resoonse P!2n
03 /01/2000 11:15 919-715-0684 NCDE&NR/PURCHASING PAGE 16
ATTACHMENT .A.
5.11 Final Design Report
5.'12
Ta!lk e
• • • • •• I • . I ; ~4~. ___ -~------1 _j ___ : __ J.t..-: __ i ___ ....,,._.a,:,__ A report summanzing me aes1gn acnvmes pi::r rur mt:u uu11r 1~ u 11.::: 1111~11.:::111~1 ncaiu, 1
of tasks 1 through 4 above wil! be developed and submitted to the State at 60°1.?,
90% and 100°/c cornpletion levels
The design team wi!I submit five (5) sets of drawings. (11" x 17") and
specifications (and one full size set) to the State at the 60% and 90%
completion levels and five (5) sets of drawings (11" x 17") anq specificatlons
(and one full size set) to the State at the 100% completion !eve!. At the time of
the 60%, 90% and 100% submittals, a meeting will be held with the State
................ a. .... + ... +i.,•e nn Hua h .... ;Q nf th ... r,:a11iPV1I r.r"lmm"'nt~ Anrl mP.P.tinoR ::111 itAmR
IOt-'10..,QIII.CA .. ,v .......... , ....,,, .. ,,_ ---·-....... , ... _ ·--·-··, --······-··--, .:..... .. _ ···---···o~, -··· ·--···-
will be addressed and resolved before the design team proceeds to the next
percentage completion level. The design team will submit ten (10) full-size sets
O♦ +i-.e f'1na' ctr-a••1ings anrl c:pcrifir:::itinnc: ... I ll l I J I \IVll l ~ 1'-\.J '--'UlllVI.AI.IVt 1--.,,
Permitting Assistance
-• • -• • • , ~ _ 1 __ • _ • __ I ..... 1 _ ~! _ _ _ -1 ' I he design team w111 prepare aocumefnS, uc=:s1y11 Lc11i..;u1crnu11:::., 111c2µ::., u1avv111~;:,,
specifications and applications that are required to obtain the approva! of agencies having
jurisdiction over the project and to assist in securing permits required for construction of
selected project components. It is anticipated that permits will be obtained for those
components of the project which might be constructed during this contract. They include
but are not limited to initial site preparation and drainage improvements. Treatment related
•• I ' . I ..•• --1 ... :.1.1_:_ J.J_'. __ ..._..._....,.-.-.$. ,,.-.-1, permits are not 1nc1uo~u Wlll 1111 LI lib bl..,;UJ-lt::l UI WUI 1'.
03/01/2000 11:15 919-715-0684 NCDE&NR /PURCHASING PAGE 17
A TT AOi-iivii:NI i
• --• •--••---••-••--•■A..--••.-..-•-•• ..,.,....,,._,,'\ft A a ■,,,. AS5UttANlit:::S -NUN l;UN~ I MV\.i I IUl'<I r-nv~nl-\lYl.:J
The CONTRACTOR certifies that with regard to:
1.
2.
DEBARMENT AND SUSPENSJON -To the best of its knowledge and belief that it and its
principels:
(a} are ·not presently debarred, suspended, proposed tor debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or agericy;
(bl have not within a 3-year period preceding this proposal been convicted of or had a civi!
Judgment rendered against them for commi!lsion of fraud or a criminel offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
l,.,r. ... t1 •r"n"~,._+;,..,,.... r,r ,..,...,....,-y,,,,-,t unner -'"'U·'"'11" '!'r::inc:::2rt1·on· viol""tt'on of FedPra' c· s+ ... tp .'-.!_:C.: LC .. ~C!..·t.!'-'!! ~'! ':._d_J!!~!~"-•': . ··~ I t:i ~ .... ,,v Lt\d .~......... ! •• t.l ' • "' • ·: r..:..:~--
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, mesking fel9e 9tetemente, or receiving stolen property;
(cl are not presently indicted tor or otherwise criminally or civilly charged by a governmental
entity (Federal, State! or local) with commission of any of the offenses enumerated in
n:ar~nrs=anh ti\ lh\ nf +h;c:; ~Ar'fific";-'cil,-ln ' tGnd ,...-·-··-,...·· ,., ,-, -· -···---·-···---·-··· ----
(d) have net within e 3-yeer period preceding this application/proposal had one or more public
transactions {Feden1i, State, or local) terminated for cause of default.
LOBBYING -To the best of his or her knowledge and belief, that:
(■) no Federal appropriated funds have been paid or will be paid, by or on bahalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any ngency, a Member of Congress1 an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative l!lgreement, end the extemllon, contlnuetfon, reneweil, emendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
(b) if any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the Fede.rel contract, grant, loan, or cooperative agreement,
the undersigned shall complete tmd submit Standard Form-LLL, uoisclosure Form to Report
I l"lhh\1inf'I" in ::i1:r.mrl::in1:;; with its instructions. ----,·••ct ... ----·--··--···-·· ··-............ _. -·
1 of 2
03/01 /2000 919-715-058 4 F11•.r·r H•,:u:-_ 1 ,.., .1.0
3. DBUG-EBt;t: WORKPLACE REOUl8Etv1ENTS -It vviU comply by:
Mill
4,
6.
(a) publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that wi!! be taken against employees f or vio!atio n of
. -t_ ---L : L :..1.. ~ ..... -, sucn f.JIUIIIUlllVII,
(bl eatebll,hing e drug-fres .wareness prowram to inform ~mplovees about -
( 1 i.
(2)
(;j)
(4}
the dangers of drug ebuse in the workplace;
the grantee· s poticy of maintaining a drug-free workplace;
•o • • I ·• I ,. ........ ~ •. ---..1 ----•-• .. -----=-•------------• any ava11ac1e arug coun~e11ng, renao11n:1:n1or1, 0111.1 ~r11JJ1uy1:::1::: 1:1::,;::,1::.L1:2111,;c 1-11u1::pa,11;,,
and
the penalties that may be imposed upon employees for drug abuse vioiations
occuriing in the v11orkplace;
(c) -making it a requirement that each employee to be engeged in the performance of the grant
be given a copy of the statement required by paragraph (al above;
(d} notifying the employee in the statement required by paragraph (a) above, that as a
condition of employment under the grant, the employee will -
( 1) abide by the terms of the statement; and
(2) notify the employer of any crimir'11;11 drug statute conviction for a violation occurring
in the workp!ace no later than five days after such conviction;
Ii:.\ nnti-fvin("l 'thA AaAncv within ten davs after receivina notice under subcaraarach id i (2i ·•--··1···..,-··--·...,---1 I -, -•
above, from .n 4iilmploy4iil4iil or otherwise receivinQ actual notice cf such conviction;
(fl taking one of the following actions w ithin 30 days of receiving notice under subparagraph
(d l (2) above, w ith respect to any emptoyee who is so convicted -
(1 ) taking appropriate personnel action against such an employee, up to and including
terminetion; or
I') I \L-j requiring such emp!oyee to participate ~stisfac:torUy in a drug _abuse ass fs~ance c:
rehabilitation program approved for such purposes by a Federal, State, or iocal
health, law enforcement, or other appropriate agency;
(g) making a good faith effort to continue to maintain a drug-free_ workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f}, above.'
Will comply with the provisions of the Hatch Act which limit the political activities of employees
whose principal employment activities are funded in whole or in part with Federal funds.
Wil! ~l"l~nlv. ::i~ ::innli~::ihlA. with th1-1 nrovi~inn~ nf thA n::ivii::-R.~r.nn Ar.t. thA r.nnP.l~nri A~t. and the
Contr;ct W~ri-H;c~~-;~d ·s~f ~-ty-·Stand~rds_ A_ct ~~g-~rdl~g-lab;~ S-t~~d~rd~ -fo-r -fed;~~lly -~s.si.st~d-
construction subagreements.
'tv'H! comply with all applicab!e requ irements of an ether federal !avvs,· executive orders, regu lations __ _, __ ,:_: __ --· ~---=--.1..:--... --·--a,,u JJUll\.,n:;;:, ~VVQ:1411~1~ li.lU..,J ...,,v~tc:111,.
2 of 2
!!!!f!l/a~~ -=•u Providing creative environmental solutions
Environmental, Inc.
December 1, 1998
Mr. Mike Kelly
Deputy Director, Division of Waste Management
North Carolina Department of Environment
and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, NC 27605
SUBJECT: Warren County PCB Landfill
Dear Mike:
As a result of your request, ETG Environmental, Inc. (ETG) is enclosing a copy
of our contract with ICF Kaiser Engineers, Inc. (ICF) in which ETG is performing
hazwaste remediation (thermal desorption) of over 145,000 tons of material at the
Southern Maryland Wood Treatment Site in Hollywood, Md. The work is being
performed for USEPA-Region 3 as part of the Superfund program.
ETG has also enclosed as an attachment samples of how the contract for Phase III
of the Warren County detoxification could be structured. The State of North Carolina
could extend ETG's Phase I and II contract by issuing a contract in the form as described
above. The sample attachment would be an example of a delivery order to begin the
Phase III final design work. Additional delivery orders could be executed upon the
allocation of additional funding.
ETG is aware of the requirement for competitive bidding for projects of this
magnitude in North Carolina. ETG can manage the project for the State and
competitively bid major subcontracts associated with the detoxification. For example,
analytical work could be competitively bid, field excavation work could be bid, etc. This
is how ETG is managing the Southern Md. site for ICF/USEPA. Major subcontracts can
be bid in accordance with State guidelines and subject to the approval of the State. This
approach will give the state a single source for management responsibility of the project
while maintaining a competitive process to ensure project execution at the lowest
possible cost. ETG and our team partners (i.e. Pat Barnes) can maintain auditable records
to document that contract performance is in compliance with State standards.
If this approach is acceptable, ETG can begin preparation of scope of work
documents and the associated Appendices to begin Phase IIIA, the final design activities.
16 Hagerty Boulevard, West Chester, PA 19382-7594 • (610) 918-11 00 • Fax [phone]
M. Kelly
p.2
12/1/98
As previously discussed, it would be ETG's intent to utilize BFA Environmental,
Inc. as the lead design firm during this Phase. Pat Barnes and associates would also be
the lead for any community outreach activities required during this Phase.
· Please call me with any questions you might have regarding this submittal. The
outlined approach is standard operating procedure for federal acquisition at government
funded projects. We at ETG stand ready to meet with you in Raleigh at your convenience
to further discuss the project.
Very truly yours,
G. Steven Detwiler
Vice President, Business Development
Environmental, Inc.
DELIVERY ORDER
CONTRACT NO. XXXXX
DELIVERY ORDER NO. YY
This delivery order is made this __ day of___ between Contractor and the
State of North Carolina and is hereby incorporated into the Agreement No. __ between
the parties dated ____ _
Type of Delivery Order: Cost reimbursable plus incentive fee
1. SCOPE OF SERVICES
A scope of work document will be developed for each task to be completed under the
contract, and will be included as set forth in Appendix_ attached hereto and made a part
of this delivery order.
2. SCHEDULE
A schedule for execution of the delivery order will be completed.
3. PAYMENT TERMS
The delivery order is being awarded on a cost reimbursable plus incentive fee basis.
This delivery order will incorporate a not to exceed provision whereby all costs over the
stated maximum will be absorbed by the contractor. Actual costs for execution of the
delivery order which are under the stated maximum will be shared equally between the
contractor and the State of North Carolina. The maximum costs and cost reimbursement
and fee schedule for the contractor are set forth in Appendix _ attached hereto and made a
part of this delivery order.
4. SPECIAL PROVISIONS
Incorporated as required.
(to be developed)
Appendix A
Scope of Work
Appendix B
Payment Terms -Cost Reimbursable Plus Incentive Fee
Total Maximum Cost for Phase III Detoxification for the Scope of Work Described in
Appendix A: $24,000,000. Project will be funded under a phased-funding mechanism.
Phase IIIA would be $2MM as an example. The total maximum would be for the total of
all phases. There would be no incentive payout for any phases until the final phase. The
total maximuim may differ from the Phase II report due to escalation from the time the
Phase II report was issued.
Dollar expenditures in excess of the Total Maximum for the Scope of Work described in
Appendix A will be absorbed by the Contractor.
Incentive Fee: Dollar expenditures below the Total Maximum Cost will be shared
equally between the Contractor and the State of North Carolina. Example: If total costs
for the Scope of Work described are $23,000,000, the Contractor would receive a fee of
$500,000 as an incentive fee payment.
Contractor Cost Reimbursement will be as follows:
Contractor will submit monthly invoices for work performed under this delivery
order. Costs will be submitted for two categories, direct labor for Contractor personnel
and other direct costs which will include all other cost items. Contractor will multiply
direct labor costs by the actual company fringe rate and overhead rate to reach the
subtotal labor costs. Other direct costs will be added to this subtotal and will be
multiplied by the company G&A rate and fee rate to obtain the final billing for the period.
An example is shown on the next page for illustration. The components of the fringe,
overhead, and G&A multipliers are also attached for reference. It is anticipated that
invoices would be submitted monthly. In addition, invoices for major purchases or
subcontracts may be submitted periodically in addition and separate from the regular
monthly invoice.
SAMPLE COST REIMBURSABLE INVOICE BUILDUP
Direct Labor $ 100,000
Fringe (31 %) 31,000
131,000
Overhead (58%) 131,000 x .58 = 75,980 75,980
Subtotal Labor with Fringe & Overhead 206,980
Other Direct Costs (ODCs) 200,000
Subtotal Labor & ODCs 406,980
G&A(9%) 406,980 X .09 = 36,628 36,628
Total Cost 443,608
Fee (10%) 443,608 x .10 = 44,361 44,361
TOTAL INVOICE $ 487,969
SAMPLE INDIRECT EXPENSE POOLS
FRINGE COMPONENTS: Vacation, sick leave, holiday expense, other leave, employer
FICA, federal unempl., state unempl., employer 401k, bonus, group insurance,
workers comp. insur., education expense, other benefits
OVERHEAD COMPONENTS: Postage/freight, telephone, travel, meals, insurance,
other taxes, licenses/permits, lab expense, depreciation, maintenance
materials, training, facility rental, sales office rental, bank charges,
dues/subscriptions, temporary employees, consultants, legal expense, patent
amortization, sales and marketing
G & A COMPONENTS: Company officers, office expense, corporate postage,
corporate telephone, corporate bank charges, corporate
travel, corporate meetings/seminars, corporate dues/subscriptions, corporate
insurance, consultants, audit fees, director fees, bid and proposal labor
and expenses, human resources, research and development
PART I -THE SCHEDULE
SECTION 1
SUBCONTRACT AGREEMENT NO. 66700-SC-005
This Subcontract Agreement dated this 3rd day of June , 1996 is between ICF Kaiser Engineers. Inc.
("Contractor"), located at 9300 Lee Highway Fairfax, Va and ETG Environmenta, Inc. ("Subcontractor"), located
at 660 Sentry Parkway, Blue Bell, Pennsylvania
1YPE OF AGREEMENT: Indefinite Delivery/Indefinite Quantity Delivery Order
WHEREAS, Subcontractor offers unique services and desires to provide Contractor with such services; and
WHEREAS, Contractor has entered into Contract ("Agreement") with the United States Army Corps of Engineers,
Baltimore District ("USACE") under the Total Environmental Restoration Contract Approach (TERC) for the
remediation of HTRW projects and sites. The geographical territory for the TERC will include the North Atlantic
Division boundaries which include the District of Columbia, New York, Pennsylvania, New Jersey, Delaware,
Maryland, Virginia, and West Virginia.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto
agree as follows:
I. Subcontractor agrees to furnish and deliver all items or perform all the services set forth or otherwise
identified in the documents which comprise this Subcontract as set forth below for the consideration state
therein. The rights and obligations of the parties to this Subcontract shall be subject to and governed by
said documents.
II. The Subcontract shall consist of the following documents:
SECTION
1
2
3
4
5
6
teambtc.sub June I, 1996
TITLE
PART 1 -THE SCHEDULE
Subcontract Agreement
Supplies or Services; Prices/Costs; and Special Subcontract Requirements
Description/Specs/Work Statement
PART II -SUBCONTRACT CLAUSES
Subcontract General Conditions
Subcontract Special Conditions
PART III-ATTACHMENTS
List of Attachments
PART IV -REPRESENTATIONS AND CERTIFICATIONS
7 Representations and Certifications
ENTIRE AGREEMENT
Both parties acknowledge that they have read this Suhcontract. understand it. and agree to he hound hy its terms
and t"urther agree that it is the entire agreement hetween parties hereto which supersedes all prior agreements.
written or oral, relating to the subject matter hereof. No modification or waiver of any provision shall he hinding
unless in a writing signed by the party against whom such modification or waiver is sought to he enforced.
IN WITNESS WHEREOF. Contractor and Suhcontractor have caused this Suhcontract to he executed hv their duh
authorized representatives as of the date first wrillen ahove.
D.W. Hickman
Name (Typed or Printed)
Senior Contracts Manager
Title
Date
tcombtc.sub December 22. 199S
-/
. .
,/ Si~nature
/f.J . ~/1t:J£/t/.
Name (Typed or Printed)
/;/t->f/L)&,;V/tl c r-c)
/✓ Title r;.df/4
/ Date
2
PART I -THE SCHEDULE
SECTION 2
SUPPLIES OR SERVICES: PRICES/COSTS: and SPECIAL SUBCONTRACT REQUIREMENTS
SUPPLIES OR SERVICES:
1.1 GENERAL
Contractor requires engineering support and services and remediation effort to perform major
environmental restoration projects under the Total Environmental Restoration Contract
Approach for the U.S. Army Corps of Engineers, Baltimore District (hereinafter "Corps").
1.2 PERIOD OF PERFORMANCE:
The period of performance will be approximately four base years commencing on the date of
this agreement and ending on August 24, 1999. Each year will end on August 24. Contractor
shall have the option of extending the subcontract for up to two (2) three (3) year periods.
Deliveries or performance dates/schedules will be established by the contractor in each Delivery
Order.
1.3 OPTION TO EXTEND THE TERM OF THE SUBCONTRACT:
The Contractor may extend the term of this s~•bcontract by written notice to the Subcontractor
within 15 days prior to expiration of the Subcontract; provided that the Contractor shall give
the Subcontractor a preliminary written notice of its intent to extend at least 45 days before
the Subcontract expires. The preliminary notice does not commit the contractor to an
extension.
If the Contractor exercises this option, the extended Subcontract shall be considered to include
this option provision. The total duration of this Subcontract, including the exercise of any
options under this clause, shall not exceed ten (10) years.
PRICES/COSTS:
2.1 DELIVERY ORDERS:
Delivery Orders may be awarded as Cost-Reimbursement, Fixed-Price, or Fixed Unit
Price/Time & Materials as appropriate. However, no Delivery Order shall include work
performed under more than one type of pricing arrangement. Cost-Reimbursement delivery
orders will only be awarded if the Subcontractor's accounting system is determined adequate
under applicable regulations.
2.2 PRICING:
Specific tasks and cost information for work to be performed under this subcontract will be
included in each Delivery Order. Certain cost data and information will be required with each
Delivery Order proposal.
2.3 TOTAL AMOUNT OF SUBCONTRACT:
The total amount of this subcontract is estimated at $12,000,000.00
1eam1>1c.sub December 22. 1m
2.4 LIMITATION OF PRICE AND SUBCONTRACTOR OBLIGATIONS:
The funds currently available for performance under this suhwntract are $15.0110.00
The amount of funds available at award is not considered sufficient for· the pertormanct·
required for any program year other than the first program year. When additional lunJs arl'
available for the full requirements of the next succeeding program year. the Contractor shall.
not later than the date specified in this Schedule (unless otherwise agreed to hy the parties),
so notify the subcontractor in writing. The Contractor shall also modify the amount of funds
described in this Schedule as available for Subcontract performance. This procedure shall
apply to any successive program years.
The Contractor is not obligated to the Subcontractor for any amount over that descrihed in
the Schedule as available for Subcontract performance.
The Subcontractor is not obligated to incur costs for the performance required for any program
year after the first unless and until written notification is received from the Contractor of an
increase in availability of funds. If so notified, the Subcontractor's obligation shall increase
only to the extent Subcontract performance is required for the additional program year for
which funds are made available.
If this Subcontract is terminated under the "Termination" clause, "total contract price" in that
clause shall mean the amount available for performance of this Subcontract. as in the first
paragraph above, plus the amount established as the cancellation ceiling. "Work under the
Subcontract" in that clause means the work under program year requirements for which funds
have been made available. If the Subcontract is terminated for default, the Contractor's rights
under this Subcontract shall apply to the entire multiyear requirements.
Notification to the Subcontractor of an increase or decrease in the funds available for
performance of this Subcontract under another clause (e.g., an "Option" or "Changes" clause)
shall not constitute the notification contemplated by the first paragraph of this clause.
2.5 INVOICES:
Invoices shall be submitted in triplicate no more often than one ( 1) time every thirty (30)
calendar days or upon the completion of each Delivery Order. The Subcontractor will he paid
in accordance with the terms of this Subcontract and the specific Delivery Order. The
transmittal envelope shall clearly identify the Subcontract and Delivery Order numher and state
"Invoice Enclosed". Invoices shall be addressed to:
ICF Kaiser Engineers, Inc.
Baltimore TERC Project Office
9300 Lee Highway
Fairfax, Virginia 22031-1207
3 SPECIAL SUBCONTRACT REQUIREMENTS:
3.1 INDEFINITE QUANTI1Y SUBCONTRACT:
1camb1c.sub December 22. 1'1115
This is an Indefinite-Quantity subcontract for engineering support and services and remediation
of hazardous waste sites.
Delivery or performance shall be made only when bilateral orders are issued in accordance with
the Ordering clause.
Except for any limitations on quantities in the Delivery Order Limitations clause or in this
Schedule, there is no limit on the number of orders that may be issued. The Contractor may
issue orders requiring delivery to multiple destinations or performance at multiple locations.
Any Delivery Order issued during the effective period of this Subcontract and not completed
within that period shall be completed by the Subcontracror within the time specified in the
order.
3.2 ORDERING PROCEDURES:
As requirements of the Government are determined. the Contractor will notify the
Subcontractor of an existing requirement through the issuance of a Request for Proposal letter.
Subcontractor's proposal shall provide a detailed breakdown of all items and associated costs
anticipated during the execution of the Delivery Order. The proposal shall he divided into
Direct Cost (furnish a detailed breakdown on man-hour basis), Overhead on direct costs.
General and Administrative Expense. Material Costs (furnished in detail) and Travel. When
the proposal includes cost reimbursement estimated costs for procurement of materials.
equipment. subcontracts or storage/treatment/disposal facilities, the Suhcontractor shall provide
at least three quotes showing sources contacted as well as prices and conditions quo1ed.
Based on the Subcontractor's proposal, or if competitively bid based on all proposals received.
the Contractor will select. negotiate and request the Government's consent to award a Delivery
Order to recommended Subcontractor.
The awarded Delivery Order, issued by the Contractor, will include the following information
as a minimum: date of Delivery Order; subcontract and Delivery Order number; price/estimated
cost and fee; terms of payment; delivery or performance requirements; and, scope of work.
Both parties will execute the Delivery Order.
The Contractor may at any time, prior to award of the Delivery Order. determine that is not
in the best interest of the Government or the Contractor to issue said order to the
Subcontractor or to any offeror. No liability will accrue to the Government or Contractor
without issuance of a delivery order, except as otherwise provided in this Subcontract.
3.3 ORDERING:
Any supplies or services to be furnished under this Subcontract shall be ordered hy issuance
of Delivery Orders issued in writing by the Delivery Order Project Manager who will he
identified in writing by the Contractor's Program Manager. Delivery Orders less than $25,0llll
may be issued orally by the designated Delivery Order Project Manager with written
verification transmitted by the Subcontractor within one working day. Such orders may he
issued from time of basic subcontract award through completion of subcontract performance.
All Delivery Orders are subject to the terms and conditions of this Subcontract. In the event
of conflict between a Delivery Order and this Subcontract, the Subcontract shall control.
If mailed, a Delivery Order is considered "issued" when the Contractor deposits the order in
the mail. Orders may be issued by facsimile.
3.4 NOTICE:
reambtc.sub December 2Z. 1995
Any notice given by either party shall be in writing and shall be deemed given, five (5) calendar
days after deposit with the United States Postal Service, postage prepaid, certified return
receipt requested, or upon actual delivery to the other party at the following addresses:
To Contractor: To Subcontractor:
!CF Kaiser Engineers, Inc.
9300 Lee Highway
ETG Environmental, Inc.
660 Sentry Parkway
Fairfax, VA 22031-1207 Blue Bell, Pennsylvania 19422
Attention: Charles Debelius.
Program Manager
703-934-3 BO
703-934-3315
Attention: RoN ALD J. BACSJi:;,.::,.z:
Phone:
Facsimile:
Program Manager
Phone: 610\832-0700
Facsimile: 610\828-6976
3.5 CHANGES:
Contractor may at any time and without notice to sureties, if any, issue wri11en directions re-
quiring additional work within the general scope of this Subcontract, or any amendment
thereto, or directing the omission of or variation in work covered by this Subcontract.
Whether made pursuant to this clause or by mutual agreement, changes shall not he binding
upon Contractor until agreed to in writing. The issuance of information. advice. approv.als. or
instructions by Contractor's technical personnel or other representatives shall he deemed
expressions of personal opinions only and shall not affect Contractor's and Subcontractor's
rights and obligations hereunder unless the same is in writing and expressly states that it
constitutes a modification or change to this Subcontract.
3.6 FIP RESOURCES:
It is anticipated that Federal Information Processing (FIP) resources will be acquired and/or
used by the subcontractor in future Delivery Orders resulting from this solicitation. The FIP
resources may consist of, but not be limited to, such items as data collection and analysis,
computer processing, electronic communications, multiple forms of electronic transmission,
computerized control systems, software and hardware development, management information
systems, and electronic scheduling systems. ·
3.7 PROPERTY:
Property having a value of greater than $100.00 shall be controlled, managed and tracked in
accordance with Contractor's Property Control System (PCS) revised March 1995. The Project
Manager identified for each Delivery Order shall be responsible for implementation and
reporting in accordance with the PCS to the Program Manager or designee. Contractor's PCS
is attached in Section 6 of this Subcontract.
3.8 PROJECT CONTROLS:
Subcontractor hereby understands that a Project Controls System exists on the project which
integrates the activities of cost, scheduling, and progress monitoring. Further, that either the
manually produced or computer generated controls system utilized by the successful
Subcontractor shall be informationally compatible with the Contractor's Project Controls
System of ARTEMIS (KEMS) for cost and Primavera for scheduling.
Requirements for reporting on the activities of cost, scheduling, and progress monitoring by
Subcontractor to Contractor will be specified in each Delivery Order.
Contractor shall furnish training and access to Contractor's Project Controls System of
ARTEMIS (KEMS) for cost and Primavera for scheduling.
3.9 DISCLOSURE OF INFORMATION:
tc:imt>tc.sub December 22 1995
The Subcontractor shall not release to anyone outside the Subcontractor's organization any
information pertaining to any part of this Subcontract or any program related to this
Subcontract unless prior written approval is obtained by the Contractor or the information is
otherwise in the public domain before the date of release. Requests for release should ht.·
submitted at least 50 days prior to the proposed date of release.
3.10 WAGE DETERMINATION:
The U.S. Department of Labor Wage Determination applicable IO this Suhrnntract is auached.
3.11 REQUIRED INSURANCE:
Pursuant to the subcontract clause entitled. Insurance -Liability to Third Persons. the
Subcontractor shall procure and maintain during the entire period of their performance under
the suhcontract the following minimum insurance:
TYPE OF INSURANCE AMOUNT
Comprehensive General Liability, Bodily Injury, or $500,000/occurrence.
Death
Motor Vehicle Liability (for each motor vehicle): $200,000/person
Bodily Injury or Death $500.000/occurrence
Property Damage: $ 20.000/occurrence
1---
Workers' Compensation and Employer's Liability1 $100.000/person
Workers' Compensation and Employer's Liability: Subcontractors are required to
comply with the applicable Federal and State workers' compensation and occupational disease
statutes. If occupational diseases are not compensable under those statutes. they shall he
covered under the employer's liability section of the insurance policy, except when subcon_tract
operations are so commingled with a contractor's commercial operations that it would not be
practical to require this coverage. Employer's liability coverage of at least $100,000 shall he
required, except in States with exclusive or monopolistic funds that do not permit worker's
compensation to be written by private carriers.
Prior to the commencement of work hereunder, the Suhcon1ractor shall furnish to
the contractor a certificate of the above required insurance. The policies evidencing required
insurance shall contain an endorsement to the effect that the interests of the Contractor and
the Government in such insurance shall not be effective for such period as may be prescribed
by the laws of the State in which this Subcontract is to be performed and in no event less than
thirty (30) days after written notice thereof to the Contractor. Subcontractor shall furnish
updated certifcicates of insurance if there is any change in coverages, limits, terms, or insurers.
Subcontractor shall include the substance of this clause in all lower tier subcontracts.
3.12 INDEMNIFICATION
Subcontractor shall indemnify Contractor and the Government for loss, damage, cost expense,
claims, cause of action suits, proceedings. etc., arising out of Subcontractor's performance of
the work under this Subcontract.
3.13 IDENTIFICATION OF ON-SITE EMPLOYEES:
tc:amh1c.1ub December 21. 19QS
The Subcontractor shall furnish to each employee and require each employee engaged in work
at the site to display such identification as may be approved and directed by the USACE's
Contracting Officer. All prescribed identification shall immediately be delivered to the
contracting Officer, for cancellation upon release of any employees. When the subcontract
involves work in restricted security areas, only employees who are U.S. citizens will be
permitted to enter. Proof of U.S. citizenship is required prior to_ entry. When required hy the
Contracting Officer. the Suhcontractor shall obtam and submit fmgerprmts of all persons
employed or to be employed on the project.
3.14 SECURITY, STAGING AND WORK AREAS:
Access into all secure areas and establishment of the Subcontractor's staging and designated
work areas. shall he coordinated through the Contracting Officer's Representative. The
Subcontractor shall be responsible to secure their own work site area. The Subcontractor shall
comply with the security regulations imposed by the Installation Commander and/or the agency
occupying the space where work is to be performed and shall arrange for any necessary security
clearance.
3.15 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE:
Allowahle Cost. Allowable cost for construction plant and equipment in sound workable
condition owned or controlled and furnished by a subcontractor at any tier shall he based on
actual cost data for each piece of equipment or groups of similar serial and series for which
the Contractor can determine both ownership and operating costs from the Suhcontractor's
accounting records. When both ownership and operating costs cannot be determined for any
piece of equipment or groups of similar serial or series equipment from the Suhcontractor's
accounting records, costs for that equipment shall be based upon the applicahle provisions of
EP 1110-1-8," Construction Equipment Ownership and Operating Expenses Schedule", Region
II and III. Working conditions shall be considered to be average for determining equipment
rates using the schedule unless specified otherwise by the Contractor. For equipment not
included in the schedule, rates for compc?rable pieces of equipment may be used or a rate may
be developed using the formula provided i;:, the schedule. For forward pricing. the schedule
in effect at the time of negotiations shall apply. For retrospective pricing, the schedule in
effect at the time the work was performed shall apply.
Equipment Rental Costs. Equipment rental costs are allowable, subject to the provisions of
FAR 31.
"Cost or Pricing Data". When actual equipment costs are proposed and the total amount of
the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form
1411, "Contract Pricing Proposal Cover Sheet". By submitting cost or pricing data, the
Subcontractor grants to the Contractor or an authorized representative the right to examine
those books, records, documents, and other supporting data that will permit evaluation of the
proposed equipment costs. After price agreement, the Subcontractor shall certify that the
equipment costs or pricing data submitted are accurate, complete and current.
3.16 AS-BUILT DRAWINGS:
If required in the Delivery Order, the Subcontractor shall maintain two separate sets of
redlined full scale, as-built construction drawings marked-up to fully indicate as-built
conditions. These drawings shall be maintained in a current condition at all times until
completion of the work and shall be available for review by Contractor and Government
personnel at all times. The location, general description, approximate depth below finished
grade of all underground utilities encountered, and all variations from the contract drawings,
for whatever reason, including those occasioned by optional materials and the required
coordination between trades. shall be indicated. these variations shall he shown in the same
general detail utilized in the initial contract drawings. Both sets of as-built construction
drawings shall be shown as a separate activity on the Subcontractor prepared progress bar chart
or network analysis system, whichever is applicable.
3.17 CONTRACTOR FURNISHED EQUIPMENT AND MATERIAL DATA:
te,mbtc.sub December 22. 1995
At or hefore 40 days prior to final inspection and acceptance of the work. the Suhrnntra<.:tor
shall submit the following data:
• Equipment Lists. An itemized equipment list showing unit retail value and
nameplate data including serial numher. model numher. size manufacturer. etc .. for
all Suhcontracror furnished items.
Guarantees. A list of all equipment items which are specified tn he guaranteed shall
be included in each individual delivery order.
3.18 PROJECT SIGN:
When specified in a delivery order a project sign shall be posted at the entran<.:e 10 the proje<.:t
sites.
3.19 INDEMNIFICATION:
Indemnification will not be provided on Department of Defense projects. Indemnification may
be provided by the Government for work performed for the Environmental Protection Agenq·
and the Department of Energy pending final decision on policy. Approvals to· grant
indemnification are given on a project-specific basis and are not assured. The srnpe of
indemnification that may be provided is limited by CERCLA 119. It is the Contractor's intent
to make available to Subcontractor. if possible any indemnification made available by the
Government to the Contractor. Contractor will not give any independent indemnity to
Subcontractor.
3.20 FINAL INSPECTION AND ACCEPTANCE
Acceptance of supplies and/or services is the responsibility of the Government's Contracting
Officer or duly authorized representative (COR). Unless otherwise specified. final inspection
and acceptance of supplies and/or services called for hereunder will he made at destination.
3.21 RELEASE:
1eamb1c.sub December :?:!. 19'15
Upon completion of each Delivery Order and at the completion of all work Suhcontractor shall
execute a contractor's release.
l. GENERAL
PART I -THE SCHEDULE
SECTION 3
DESCRIPTION/SPECS/WORK STATEMENT
INDEX
2. REQUIREMENTS FOR REMEDIATION SERVICES
3. WORK PLAN (WP)
4. CONTRACTOR PERSONNEL AND QUALIFICATIONS
5. CONTRACTOR QUALITY CONTROL (QC)
6. CHEMICAL QUALITY CONTROL
7. ENVIRONMENTAL REQUIREMENTS
8. ENVIRONMENTAL PROTECTION
..,cJ,e:im December ll. I Q9S
I. GENERAL. This Total Environmental Restoration Contract (TERC) is for remediation
of various hazardous waste sites. It also includes. hut is not limited to. site definition. studies. remedial
investigations. feasibility studies. decision documents. designs. interim actions. remedial actions. short-term
operation and maintenance. and any other actions incident to site remediation at Hazardous. Toxil. and
Radioactive Waste (HTRW) sites. Said contract requires the Contractor to furnish and transport all plant.
labor. materials and equipment and to perform all work necessary to complete multiple Delivery Orders
simultaneously at confirmed or suspected hazardous and radioactive waste sites. The U.S. Army Corps of
Engineers (USACE) will prepare the statement of work for each Delivery Order. However. the
Contractor may be required to provide input to support the planning, scheduling, and formulation of the
USACE's statement of work. The Contractor's success will depend upon his ability to interact with the
USACE to develop plans within regulations and execute those plans in an efficient and expeditious
manner.
The Subcontractor shall provide personnel with current training as required by the Occupational Safety
and Health Administration (OSHA). The Subcontractor shall provide all support activities, descrihed
herein or in individual Delivery Orders, necessary to ensure the safe and effective accomplishment of
project criteria within specified completion times. HTRW sites may be located anywhere within the
boundaries of the North Atlantic Division (NY. NJ, PA, MD, DE, WV, VA. and the District of
Columbia). The sites may be: (1) currently owned or controlled by the Federal Government, either
military or civilian agencies, (2) Formerly Used Defense Sites (FUDS) at which an agent.-y of the Federal
Government is determined to be a Generator or a Potentially Responsible Party (PRP). or (3) Other sites
where the USACE is otherwise authorized to respond.
Subcontnc_tor shall be appropriately licensed in all states where work is to be performed.
2. REQUIREMENTS FOR REMEDIATION SERVICES. The Contractor will receive
from the USACE any back-up data that is available from prior investigations. designs, or remedial actions.
such as: preliminary assessment. site investigation. remedial investigation, risk assessment, feasibility study.
decision documents, plans and specifications. and as-huilt drawings for an individual Delivery Order. Data
received will be dependent on the current phase of work.
2.1 GENERAL. The express purpose of the TERC is the complete remediation of an
HTRW site. In order to accomplish this, through Delivery Orders. the Subcontractor shall maintain a
management staff and system that ensures flexibility, communication, and the diversity of personnel
necessary to successfully execute complex, multi-faceted remediations. The Subcontractor shall:
2.1.1 maintain a staffing system that will promote retention of institutional knowledge
and continuity throughout the remediation process.
2.1.2 maintain a communication program that will apprise key personnel
executing various Delivery Orders of any significant findings that may impact ongoing or planned remedial
activities.
2.1.3 initiate recommendations to the Contractor about any alternative methods
of executing a remedial action that would result in improved economy, productivity, or quality,
2.1.4 immediately notify the Contractor of any conditions encountered during ti1e
execution of a Delivery Order that may impact the remediation process and provide potential solutions.
2.2 REMEDIAL ACTION. The requirements related to remedial action will de described in
individual Delivery Orders. The Subcontractor shall perform all necessary actions to address specific
requirements of the Delivery Order. Remedial actions include, but are not limited to containment,
secJte.im December 22. I QQS 2
removal. treatment (on-site and off-site), transportation and disposal. The entire spectrum of
contaminants may be involved including hazardous, toxic. radioactive, petroleum-based. and explosive
constituents or any combination thereof. Ordnance and chemical warfare agents may also be encountered.
hut may be remediated by others. These contaminants may occur in various environments including soils.
sludges, liquids, air, water, debris, structures. and various containers. The Subcontractor shall provide
services to test for breakdown products of ordnance explosive waste and chemical warfare agents. In
general, destructive treatments will have preference over containment or transfer type treatments. and
processes shall minimize production of residual product. Innovative treatment processes shall he
considered and implemented when the innovative treatment technologies offer the potential for
comparable or superior performance or economy compared to demonstrated treatment technologies.
2.2.1 TYPES OF REMEDIAL ACTIVITIES. A wide variety of potential
remedial activities could be expected in this Subcontract. A number of these possible activities are
included below; however, this list is not intended to be exhaustive. New or emerging technologies. as they
become available or applicable, may also be utilized during the term of this contract.
2.2.1.1
2.2.1.2
2.2.1.3
'.L.2.1.4
2.2.1.5
2.2.1.6
2.2.1.7
2.2.1.8
2.2.1.9
2.2.1.10
2.2.1.11
2.2.1.12
2.2.1.13
2.2.1.14
2.2.1.15
2.2.1.16
slurry walls/subsurface barriers
landfill closure
soil/sludge; stabilization/solidification
water treatment
vitrification
soil vapor extraction
excavation
dredging
underground storage tank removal/closure
groundwater extraction/dewatering
drum bulking
bioremediation
thermal destruction
demolition
debris removal
ordnance services
2.2.2 OPERATION & MAINTENANCE (O&M). This may include the
requirements for the Subcontractor to provide full and complete short-term O&M functions for a given
facility, as well as training of non-subcontractor facility personnel for plant and equipment provided by the
sec3teom December 22. 1995 3
Contracror during remediation and preparation of O&M manuals. Specific requirements for these service~
will be included in individual Delivery Orders.
2.2.2 REMEDIAL ACTION REPORT. The Subcontractor may he required to
develop and maintain the information necessary to prepare and submit a remediation close-out report.
Specifics of the report will he defined in individual Delivery Orders.
2.3 INVESTIGATIONS AND STUDIES. Specific requirements will he included in individual
Delivery Orders. The appropriate plans and deliverables associated with each of these activities shall he
prepared and submitted to the Contracting Officer for approval as required.
2.3.1 FIELD ACTIVITIES. The Subcontractor will be required to perform
various field investigation activities. The field activities may include, but are not limited to the following:
drilling for soil sampling, well installation, or instrumentation installations; vadose zone fluid/air flow
measurement; aquifer testing; sampling and analysis of soil, sediment, ground water, surface water. hard
surface, tank/drum contents, air and soil vapor; performing surface and borehole geophysics; excavation of
test pits/trenches; and sampling and testing of geotechnical materials. Sampling and analysis for a wide
variety of parameters may be required to determine physical, chemical, biological, and radiation properties.
Subcontractor deliverables for investigations may include, but are not limited to permanent or temporary
field installations (i.e., monitoring wells). reports, data bases, logs, maps, drawings, and sketches. Analysis
and interpretation of data shall be performed as appropriate to accomplish the intent of the individual
Delivery Order. Data from these activities may be required to be incorporated into geographical
information systems (GIS).
. .
2.3.2 SURVEYS AND MAPPING. Mapping services to be provided may consist
of. but are not limited to. the following; topographic survey and horizontal/vertical control: orthomosaic
and aerial photography (both new flights and historical photo searches; boundary surveys and land
owner/property searches, monitoring/baseline surveys; utility location surveys, hydrographic surveys: and
use of GIS. Survey and mapping deliverables shall be INTERGRAPH-compatible output.
2.3.3 STUDIES AND EVALUATIONS. Various types of studies and
evaluations will be required to be conducted/performed under the contract. Examples of various studies
and evaluations are as follows, although this is not intended to be an exhaustive list.
sec.'te:im December Z2. 19'15
2.3.3.1
2.3.3.2
2.3.3.3
2.3.3.4
2.3.3.5
2.3.3.6
2.3.3.7
2.3.3.8
2.3.3.9
historical/ records search, interviews, etc.
public health evaluation/ risk assessments
environmental/ ecological assessments
national environmental policy act evaluations
wetlands determinations
hydrological engineering studies
modeling
fate and transport analysis
treatability/ compatibility studies (both bench and pilot
treatability studies)
4
determination
2.3.3.1 U
2.3.3.11
2.3.3.12
hioassay/ toxicity studies
identification of action levels/ cleanup levels
federal, state, and local Jaws, regulations and guidance
2.4 Other. The Contractor may he required to provide all other incidental services. as stated
in individual Delivery Orders, necessary for successful Remediation, such as Real Estate functions, (Rights-
of-Entry, ownership searches, etc.), expert testimony, technical support during regulatory negotiations. and
community and public relations. This is not intended to be all inclusive, but is for illustrative purposes
only.
3. WORK PLAN (WP). The subcontractor mav be required to submit a Work Plan for a
portion of the work. If required the following shall apply. The WP, which is written by the Suhcontractor
describes the Subcontractor's detailed approach for the performance of this Delivery Order. The WP is
based upon the Contractor's statement of work, which is a general description of work that the
Subcontractor is required to perform. The WP describes the activities that will be performed in the field
or office by the Subcontractor as outlined in individual Delivery Orders.
3.1 Contents. The WP shall contain/address but not be limited to the following:
3.1.1 a schedule that presents the length of the individual tasks within the
statement of work, interrelationship between tasks and other key milestones; if Critical Path Analysis is
required, the Contractor will direc; the requirements of the analysis.
3.1.2 permits, licenses, and certificates, identification number, and location of the
disposal facility, if necessary;
3.1.3 key personnel to be used on the project and their responsibilities:
3.1.4 a site description and contaminant characterization;
3.1.5 site control measures;
3.1.6 logs, reports, and recordkeeping to be utilized;
3.1.7 studies, investigations, and designs and deliverables that will he performed
by the Subcontractor under the Delivery Order; and,
3.1.8 data quality ohjectives
3.2 WP DEVELOPMENT. The development of a comprehensive WP will he a phased
process. The draft WP is based on the contractor's statement of work for the Delivery Order. The draft
WP will be submitted within 14 (or as otherwise directed) days of receipt of the Delivery Order within the
time period identified in the individual Delivery Order. The WP will be reviewed by the Contractor and
errors and omissions identified. A final WP shall be submitted by the contractor within fourteen (14) days
of receipt of Contractor's comments or as specified in the Delivery Order. The final WP shall incorporate
the Contractor's concerns, and provide all details required in Paragraph titled; "Work Plan (WP)". The
plan will be reviewed and approved by the Contractor.
scc3team December 22. 1995 5
:u WP ACCEPTANCE. Except as otherwise provided in individual Delivery Orders.
approval of the WP is required pnor 10 start of field activities. No change in the approved plan shall he
implemented without written concurrence of the Contractor. The Contractor reserves the right to require
the Subcontractor to make changes in his WP and operations as necessary 10 obtain the quality specified.
4. SUBCONTRACTOR PERSONNEL AND QUALIFICATIONS. Qualifications of
Subcontractor personnel will be specified on a Deliver Order Basis by the contractor.
5. CONTRACTOR QUALITY CONTROL (QC).
5.1 QUALITY CONTROL PLAN: Subcontractor shall comply with Contractor's approved
Quality Control Plan.
5.2 NOTIFICATION OF NONCOMPLIANCE. The Contractor will notify the Subcontractor
of any detected noncompliance with the foregoing requirements. The Subcontractor shall, after receipt of
such notice, immediately take Corrective action. Such notice, when delivered to the Subcontractor at the
site of work, shall be deemed sufficient for the purpose of notification. If the subcontractor fails or refuses
to comply promptly, the Contractor may issue an order stopping all or pan of the work until satisfactory
corrective action has been taken. No pan of the time lost due to such stop orders shall be made the
subject of claim for extension of time or for excess costs or damages by the Contractor.
6. CHEMICAL QUALITY CONTROL. Chemical Quality Control requirements will be
required for all chemical contamination investigation and remedial activities to ensure that the analytical
data obtained is of sufficient quality to meet the intended 11sages. Within this document Quality Control
(QC) refers to the tests and other activities performed by sut,~ontractors to assure compliance and quality
of the work performed. Quality Assurance (QA) refers to activities performed by USACE personnel. In
most cases the Subcontractor will be required to provide samples or to perform other activities to support
the USACE's QA effort. Quality Management refers to the combined QC/QA effort. Additional QC
requirements for Contractor Quality Control may be identified in individual Delivery Orders. In general _
the requirements will be as follows:
7. ENVIRONMENTAL REQUIREMENTS.
7.1 GENERAL. The Subcontractor shall be required to identify all appropriate laws, codes,
regulations, and guidance and shall be required to perform all work in full compliance with applicable
federal. state and local laws, codes, and regulations. The Subcontractor shall assure that all activities
performed by his personnel, subcontractors and suppliers are executed as required by these laws and
regulations. Any incident of noncompliance noted by the Subcontractor shall immediately be brought to
the attention of the Contracting Officer hy written notice. Nothing in this subcontract shall relieve the
subcontractor of his responsibility to comply with the laws and regulations.
7.2 PERMITS. The Subcontractor shall investigate the requirements for and obtain
Environmental Permits, Licenses, and/or Certificates necessary to accomplish the work specified in
individual Delivery Orders. When the work is to be performed at a Federal Facility, the required
clearances, such as excavation, digging, or drilling permits, shall be obtained prior to initiation of site
operations by the Subcontractor.
7.3 TRANSPORTATION AND DISPOSAL INSTRUCTIONS. The Subcontractor shall
review all information provided and develop the necessary deliverables which contain the transportation
and disposal criteria, procedures, and practices sufficient to protect personnel, the environment, and
secJtc:im December 22. 19'15 6
po1en1ial off-site receptors from chemical. physical. and/or biological hazards. The Subcontracwr shall
utilize the services of a Regulatory Specialisl experienced in hazardous waste manifesting and hazardous
waste site operations. If the information that is available is insufficient to allow the Subcontractor to
develop these documents, a description of all additional information required shall he prepared and
submitted to the Contractor, prior to the commencement of work.
7.3.1 TRANSPORTATION, STORAGE. TREATMENT AND/OR DISPOSAL
OF HAZARDOUS MATERIALS. The Subcontractor shall ensure the transportation, storage, treatment.
and disposal of all hazardous materials complies with all federal, state, and local laws and regulations. The
Subcontractor shall identify and perform any additional analyses necessary to ensure compliance with
transportation, storage, treatment, and disposal requirements. Selection of the approved Treatment,
Storage, or Disposal Facility (TSDF) shall be based upon cost-effectiveness, compliance status, regula1ory
agenL)' input and Contractor approval. If the waste is sent for off-site storage or disposal, the
Subcontractor shall provide to the Contractor at a minimum what is listed below.
7.3.1.1 TRANSPORTATION. Transportation to an approved TSDF shall comply
with all appropriate DOT regulations. The Subcontractor shall judiciously coordinate the transportation ·
of waste so that transporters arrive on schedule. With each Delivery Order Proposal, the subcontractor
shall provide the name, location, point-of-contact, EPA identification, verification that the transporter is a
licensed Hazardous Waste Transporter in accordance with D.O.T. regulations. and Notice of Violation
(N.O.V) status.
7.3.1.2 IDENTIFICATION OF THE DISPOSAL FACILITY. The Subcontractor
shall characterize the waste stream to determine the most cost-effective TSDF Facility which is in
compliance with federal, state, and local laws and regulations. A minimum of three qm,res will be
submitted with each Proposal for treatment, storage or disposal of each waste stream. For each quote the
Subcontractor shall provide the facility name, location, point of contact, telephone number, unit cost, total
cost for treatment, storage or disposal, transportation, truces and disposal fees. Additionally, the
Subcontractor shall provide in the Proposal a list of all TSDF facilities contacted, regardless if a quote was
not received. The list shall state the facility name (s), location, point of contact, cost data, telephone
number and reason quote was not received. Based on the information received during this process. the
Contractor shall provide within the Cost Proposal the name, location, point-of-contact. identification. and
N.O. V status of the selected disposal facility.
7.3.1.3 ANALYTICAL AND MANIFEST PACKAGE. The Subcontractor shall
provide the analytical and the complete manifest package as required in Paragraph: "COMPLETED
MANIFEST PACKAGE".
7.3.1.4 SHIPMENT TRACKING. The Subcontractor shall notify the Contractor if
shipments to the TSDF are within the required time frames and provide all required reports if receipt has
been delayed (i.e. discrepancy reports or exception reports. See Paragraphs titled: "DISCREPANCY
REPORTS" and "EXCEPTION REPORTS" for details).
7.3.1.5 TRACKING OF HAZARDOUS AND/OR SOLID WASTES. Hazardous
and/or solid wastes shall he removed from the site by the subcontractor and disposed of at a facility
approved by the Contractor. The Subcontractor shall receive written acceptance from the TSDF prior to
mobilization for Transportation and Disposal (T&D). The Subcontractor shall submit and utilize a
tracking system acceptable to the Contractor. In instances where characteristic wastes are deactivated on
site or at the TSDF and sent to a Subtitle D facility, the Subcontractor will follow appropriate notification
and certification requirements under 40 CFR 268.9. This information shall be presented in the Final
Report covering field activities.
sec:3tc:lm December 22. 1995 7
7.:U.6 CERTIFICATION. An integral part of the certification procedure is
proper identification of listed waste streams. The Suhcontractor is responsible for reviewing generator
supplied site documentation and submitting as part of the manifest package the logic and/or telecopv
relied upon in making the determination. If records or waste history are unavailable. the Suhcontractor
shall interview the generator or any available past site workers present when the waste was disposed to
ascertain the origin of the waste. If requested hy the Contractor, the Subcontractor shall draft. for
generator signature. a letter to the TSDF certifying that the information listed is based on available
historical data.
7.3.2 COMPLETE MANIFEST PACKAGE. The "Complete Manifest Package"
consists of, at a minimum, all hazardous waste manifests, PCB manifests, hazardous material shipping
papers, waste profile sheets, the land disposal restriction notification and certification forms. and all other
supporting documentation. Supporting documentation shall include waste disposal history, all analytical
results, Material Safety Data Sheets available, and any other information received in identifying the proper
waste code. The Subcontractor shall also include as part of the supporting documentation, the specific
type of inner and outer packaging, markings, labeling, and placards offered to the transporter. The
Suhcontractor shall also comply with the requirements below.
7.3.2.1 PREPARATION. The Subcontractor shall have a single Regulatory
Specialist review the complete manifest package and shipping documentation. The Regulatory Specialist
shall certify as correct the Hazardous Waste Manifest, Waste Profile Sheets, and Land Disposal Restriction
Notification and Certification forms and supporting documentation. Once the review is completed, the
Subcontractor shall submit these documents to the Contractor for approval..
7.3.2.2 SUBMITTAL. The Regulatory Specialist shall submit to the Contractor J!
reproducible copy of the Complete Manifest Package for each particular waste stream. The Subcontractor
shall hold the original "Complete Manifest Package" and make corrections based on Contractor approval
(see Paragraph: "APPROVAL") prior to submittal to the generator's representative for signature.
Submittals of the Complete Manifest Package shall be attached to RAPID FORM 4025.
7.3.2.3. APPROVAL. The Subcontractor shall not transport or ship any wastes
prior to Contractor approval of the Complete Manifest Package. The Government and the Contractor will
make every effort to conduct the approval process within five (5) working days after the Contractor
receives the Complete Manifest Package. If the regulators are unavailable or extensive review of federal or
state laws or regulations is required, the Contractor will notify the Subcontractor as soon as possible.
After the review process is completed, the Contractor shall telecopy to the Subcontractor the completed
RAPID FORM 4025.
7.3.2.4 DESIGNATION OF GENERATOR. The generator and signer of
Hazardous Waste Manifests, Waste Profile Sheets and Land Disposal Restriction Notifications and
Certifications shall be identified by the contractor as soon as possible. The contractor shall submit a fully
executed and Complete Manifest Package, including final disposition information, covering all solid and
hazardous waste disposal under this contract as an appendix in the Final Report covering the field
activities. as well as the above information and quantities shipped.
7.3.2.5 TRANSPORTATION OF THE MANIFESTED WASTE. The
Contractor's on-site personnel overseeing the Transporter prior to shipment of the hazardous waste shall
certify that the packaging, marking, labeling, handling, and placarding of waste complies with federal, state,
and local laws and regulations and it correlates with the waste classification and quantities designated on
the manifest prior to the signature of the Transporter. The certification shall be submitted to the
Contractor prior to transport and included as part of the Final Report. The Subcontractor's on-site
person responsible for certification shall be trained as per D.O.T. Regulations.
scc3t"1m December 22. 1995 8
7.3.2.6 GENERATOR ST A TUS. The Subcontractor shall determine the
contrihution to the generator's status at the site. for work generated under a Delivery Order. hased on
federal, state. and local laws and regulations. Generator status may include conditionally-exempted small
quantity generator. small quantity generator. and generator.
7.3.3 TRANSPORTATION AND DISPOSAL REPORTING
REQUIREMENTS. The reporting requirements stated below just pertain to the transportation and
disposal of wastes as stated in this subsection.
7.3.3.1 HAZARDOUS WASTE MANIFEST ANNUAL AND/OR BIENNIAL
REPORTING REQUIREMENTS. All information necessary to file the Annual and/or Biennial reports
shall be prepared and submitted by the Subcontractor to the Contractor for each Delivery Order to meet
all federal or state laws and regulations. as part of the Final Report. These report sections shall contain
all the information necessary for the filing of the formal report in the form and format required hy the
governing federal or state regulatory agency. A cover letter shall accompany the report to include the
subcontract number; subcontractor name; USACE Delivery Order number and project name: location of
project: report type; and date of submittal.
7.3.3.2 TABULA TED WASTE HANDLING INFORMATION. The
Subcontractor shall list all waste materials going off-site including the description, quantity, destination,
purpose, the hazardous waste classification, when the waste was manifested, samples taken. results,
transportation plans, disposal facility, etc; if applicable.
7.3.3.3 ST A TE REPORTING REQUIREMENTS. The Subcontractor shall
determi:ie the state reporting requirements (i.e. generator state and/or disposal state) and obtain current
state reporting forms. A completed draft of all required forms, which applicable attachments, shall be
submitted to the Contractor for approval prior to submission to the federal or state regulator. The state
reporting forms shall also be included within the Final Report.
7.3.3.4 TRANSPORTATION AND DISPOSAL TRACKING FORM. The
Subcontractor shall complete the Transportation and Disposal Tracking Form provided with the Delivery
Order. This form allows the tracking of ~ T&D milestones throughout the performance of this Delivery
Order. The form lists all waste materials going off-site. When tracking the waste, the Subcontractor shall
identify the date that the transporter accepts the waste by their signature on the manifest.
7.3.3.5 DISCREPANCY REPORTS. Discrepancies due to differences between the
quantities or types of hazardous waste designated on the manifest or shipping papers, and the quantity or
type of hazardous waste a facility actually received shall be reported to the Contractor and rectified by the
Subcontractor within 15 days after receiving the waste. This information shall be presented in the Final
Report.
7.3.3.6 EXCEPTION REPORTS. The subcontractor shall verify if the generator
or generator representative has received a copy of the signed manifest from the TSDF on or before the
35th day after transporter signature. If the generator or generator's representative has failed to received a
signed copy of the manifest by the 44th day, the Subcontractor shall prepare a draft EPA exception report
for Contractor approval. The Final exception report shall be submitted to the Contractor no later than
day 45. This information shall also be presented in the Final Report. Prior to official submittal of
Exception Report, a draft copy of the report shall be submitted to the Contractor for review. The
Contractor will make every effort to conduct the approval process within five (5) working days after the
Government receives the complete Exception Report from the Contractor.
sec3te:un December 22. 1995 9
1.:u.1 TOXIC SUBSTANCE CONTROL ACT PCB REPORTING
REQUIREMENTS. If specified in the Delivery Order. or in the event of discovery of equipment or
containers, or any media including soil or water with regulated amounts of PCB contamination impacted
hy the work in Delivery Order. the subcontractor shall:
7.3.3.7.1 notify the Contractor immediatelv and report the findings
in writing as soon as possible;
7.3.3.7.2 complete and submit all necessary logs and reports in
accordance with federal and state laws and regulations;
7.3.3.7.3 satisfy all manifest and reporting requirements as
specified in Paragraphs "COMPLETE MANIFEST PACKAGE and "REPORTING REQUIREMENTS"
ahove, and as otherwise applicahle to the PCB containing material;
7.3.3.7.4 arrange for the proper disposal of the waste: and when
disposal is completed, certify that the PCB contaminated material was disposed properly in accordance
with all federal, state, and local laws and regulations; and
7.3.3.7.5 report all information concerning the incident, and
include copies of all related documents in the Final Report.
7.3.3.8 ON-SITE PERSONNEL. The Subcontractor shall utilize a trained,
experienced on-site person to er.sure that all on-site procedures for transportation and disposal of
hazardous wastes are implementeo and enforced on-site. The Subcontractor's on-site personnel overseeing
the Transporter prior to shipment of the hazardous waste shall ensure that the packaging, marking,
labeling, handling, and placarding of waste complies with federal, state, and local laws and regulations and
it correlates with the waste classification and quantities designed on the manifest prior to the signature of
the Transporter. The on-site person responsible for certification shall be trained as per D.O.T regulations ..
The on-site person's qualifications shall be approved by the Contractor.
7.3.4 SUBCONTRACTOR RESPONSIBILITIES. The Subcontractor is
responsible for total management of their T & D procedures including scheduling control, and certification
of all manifest submittals. An integral part of the certification procedure is proper identification of listed
waste streams. The Subcontractor is responsible for reviewing generator supplied site documentation and
submitting, as part of the manifest package, the logic and/or telecopy relied upon in making the
determination. If records or waste history are unavailable, the Subcontractor shall interview the generator
or any available past site workers present when the waste was disposed to ascertain the origin of the waste.
If requested by the Contractor, the Subcontractor shall draft, for generator signature, a letter to the TSDF
certifying that the information listed is based on available historical data.
7.3.5 GOVERNMENT RESPONSIBILITIES. The Government will review
submittals designated for Contractor approval and approve those that conform to subcontract
requirements. Approval will not relieve the Subcontractor of the responsibility for any error which may
exist, as the Subcontractor under the requirements of this Subcontract is responsible for ensuring that the
quantities, waste characterizations and classifications, and all other details of the waste on-site matches
what is on the manifest prior to signature of the manifest. After submittals have been approved by the
Contractor, no resubmittal for the purpose of changing the manifest's waste classification will be given
consideration· unless accompanied by justification as to why a change is necessary.
7.3.6 REGULAR NOTICES OF NON-COMPLIANCE. In the event the
Subcontractor is notified by a federal, state, or local agent that a manifest, shipment, waste disposal, or any
,ecJte,im December 22. 1995
related activitv concernin!! a Deliverv Order under this contract is not in order or not in compliance with
any requirem~nt. the Suh~ontracror shall notilY the Contracror immediately. The Subcontracwr shall
furnish 10 the Contractor copies of all notices and all relevant documents, including correspondence.
subcontracts, Iah reports. memoranda. etc. and any other documents requested hy the Contractor. The
Subcontractor shall coordinate its response to the notice with the Contractor prior 10 submission 10 the
notifying authority, and shall furnish a copy to the Contractor of all documents submitted to the authority.
including the final reply to the notice.
7.3.7 SUBCONTRACTOR COORDINATION. If a lower tier subcontractor.
consultant, or agent is retained by the Subcontractor to perform any work required hy this section of the
subcontract, the subcontract shall include all of this section, with appropriate adjustments for the
subcontract, and include the Regulatory Specialist or other authorized employee of the Contractor as the
point of contact for the submittals and communications between the subcontractor and the Contractor.
The Subcontractor shall remain responsible for compliance with this section and all other portions of the
subcontract and shall sign all certifications required by the contract.
8. ENVIRONMENT AL PROTECTION.
8.1 GENERAL. The Subcontractor shall perform all work in such a manner as to minimize
the pollution of air, water or land and to control noise and dust within reasonable limits or limits
established by applicable federal, state, and local laws and regulations. The Subcontractor shall furnish all
labor, materials and equipment, and perform all work required for the protection of the environment
during all operations except as specified in other divisicns of these subcontract documents or in the
individual Delivery Orders.
8.2 PREREMEDIAL ACTION SURVEY. Prior to start of any on-site activities, the
Subcontractor and the Contractor shall make a joint condition survey reviewing the condition of trees.
shrubs and grassed areas immediately adjacent to the site of the work and adjacent to his assigned storage
area and access route(s) as applicable. During this survey, the Subcontractor and the Contractor shall
confirm the existence and/or location of any wetlands, endangered species, special habitat or other
protected areas.
8.3 PROTECTION OF LAND AREAS. Except for any work or storage areas and access
routes specifically assigned for the use of the Subcontractor under this subcontract, the land areas outside
the limits of the permanent work performed under this subcontract shall be preserved in their existing
condition. The Subcontractor shall confine his site activities to areas defined for work on the plans or
specifically assigned for his use. Storage and related areas and access routes required temporarily by the
Subcontractor in performance of the work will be assigned by the Contracting Officer through the
Contractor. No other areas shall be used by the Contractor without the written consent of the Contractor.
8.4 PROTECTION OF TREES AND SHRUBS. The subcontractor shall take all actions
necessary to protect and prevent damage to all trees, shrubs and vegetation not identified for removal. No
ropes, cables or guys shall be fastened to or attached to any nearby trees for anchorages.
8.4.1 TREE PROTECTION STRUCTURES. Where, in the opinion of the
Contractors and Contracting Officer, trees may be defaced, bruised, injured, or otherwise damaged by the
Subcontractor's equipment or operations, the Contractor may direct that the Subcontractor provide
protection of such trees by placing boards, planks, poles or fencing around them.
8.4.2 RESTORATION OF DAMAGED TREES. Any tree scarred or damaged
by the Subcontractor's negligence shall be restored nearly as possible to its original condition at the
Subcontractors expense. All scars made on trees not designated on the plans for removal by the
sccJte:un December 22. 1995 11
construction operations shall he coated as soon as possihle with an approved tree wound dressing. Tree~
that are to remain. either within or outside established clearing limits. that are damaged hy the
Suhcontractors's negligence so as to be beyond saving in the opinion of the Subcontracting Officer. shall
he immediately removed. if so directed. and replaced with a nursery-grown tree of the same species and
size.
8.5 PROTECTION OF WATER RESOURCES. The Subcontractor shall control the
transfer, use and disposal of fuels. oils and other harmful materials both on and off the site and shall
comply with applicable federal, state and local laws and regulations concerning pollution of air. water and
soils while performing work under this contract. Special measures shall be taken to prevent sediment.
chemicals. fuels, oils or other harmful materials from entering public waters. Water used on-site shall not
he allowed to leave the site untreated without the written approval of the Contractor.
8.5.1 RUN-ON CONTROLS. The Subcontractor shall take all reasonable
precautions to prevent run-on from entering areas of the site where the water may be exposed to
contaminated soils, water or waste. Such precautions may include grading, temporary dikes. sandbags or
other actions as directed by the Subcontractor.
8.5.2 RUNOFF CONTROLS. Appropriate controls shall be put in place hy the
Contractor to prevent or minimize rainfall from contact with hazardous materials stored on site. This
would include activities such as covering piles of excavated material with plastic coverings, and securing the
cover. Where practical, excavated areas shall be diked and covered to prevent rainfall and runoff from
entering. In those areas where runoff may contain significant levels of contamination, such runoff shall be
contained and collected to prevent it from leaving the site. This runoff shall be documented to he non-
hazardous or it shall be treated and/or properly disposed.
8.5.3 SEDIMENT CONTROLS. Sediment which may or may not contain
significant levels of contamination shall also he contained and collected to prevent it from leaving the site.
Disposal requirements will depend on the nature and extent of contamination, but shall be approved hy
the Contractor prior to final disposition.
8.5.4 STORMWA TER MANAGEMENT. The Subcontractor shall comply with
all federal. and/or state stormwater management regulations, including, but not limited to the National
Pollutant Discharge Elimination System (NPDES) Program requirements.
8.7 BURNING. Materials shall not be burned on site without the written authorization of
the Contractor. If the Subcontractor elects to dispose of the uncontaminated waste materials off-site by
burning. he shall make his own arrangements for such burning area and shall, as specified in
SUBCONTRACT CLAUSE: "Permits and Responsibilities", conform to all local regulations.
8.8 DUST CONTROL. The Subcontractor shall maintain all excavations, embankments,
stockpiles, access roads, plant sites, waste areas and all work areas free from excess dust to such reasonable
degree as to avoid causing a hazard or nuisance. Approved temporary methods consisting of sprinkling,
chemical treatment, or similar methods may be permitted to control dust. Dust control shall be performed
as the work proceeds and whenever a dust nuisance or hazard occurs. Air monitoring for documentation
and for establishment of action levels may be required.
8.9 SPILL CONTROL. The Subcontractor shall prevent spills and provide contingency
measures for cleanup of potential spills during performance of this subcontract. The Suhcontractor shall:
8.9.1 Take adequate measures to prevent spills during excavation, handling, packing,
transportation, storage or other operations performed during this contract.
sccJte:im December 22. 1995 12
8.9.2 Provide all emergency measures required to contain any spillage and to remove all
materials that hecome contaminated due to spillage. If the spill is due to the negligence of the
Subcontractor. then all cleanup costs shall he paid hy the Subcontractor at no cost to the Contractor on
the Government.
8.9.3 Provide all decontamination measures required as a result of the removal of
spilled materials. Decontamination residues shall be properly disposed of as directed by the Contracting
Officer.
8.9.4 At a minimum, the following emergency procedures shall be performed by the
Subcontractor if a spill occurs:
8.9.4.1 Immediately (within 1 hour) notify the Contractor and
Contracting Officer who will contact the National Response Center.
8.9.4.2
to control and contain the spill.
out of the area.
8.9.4.3
8.9.4.4
8.9.4.5
Take immediate measures, utilizing properly protected personnel.
Isolate the hazardous area and keep all unnecessary personnel
Stay upwind and stay out of low areas.
Keep combustibles away from the spill material.
8.9.4.6 Use water spray or other approved methods, if appropriate, to
reduce vapors, gases and/or dust emissions.
8.10 CORRECTIVE ACTION. The Subcontractor shall, upon receipt of a written
notice of noncompliance with any of the aforementioned provisions, take immediate corrective action. If
the Subcontractor fails or refuses to comply promptly, the Contractor and/or the Contracting Officer may
issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part
of the time or effort lost due to any such stop orders shall be reimbursable under this subcontract nor
shall it be made the subject of a claim for extension of time or for excess costs of damages by the
Subcontractor unless it was later determined that the subcontractor was a compliance.
8.11 POST-SITE ACTIVITIES CLEANUP OR OBLIGATION. The Subcontractor
shall, unless otherwise directed in writing by the Contractor, obliterate all signs of temporary facilities such
as haul roads, work areas, decon areas, structures, foundations for temporary structures, stockpiles of
excess or waste materials and other vestiges of site operations prior to final acceptance of the work. The
disturbed areas shall be returned to its previous states.
seclteam December :U. 1995 13
SECTION
4
5
tcombtc:.sut> December 22. 1995
PART II· SUBCONTRACT CLAUSES
TITLE
Subcontract General Conditions
Subcontract Special Conditions
PART II -SUBCONTRACT CLAUSES
SECTION 4
SUBCONTRACT GENERAL CONDITIONS
1 Definitions:
2
1.1 For purposes of interpretation of the FAR and DFAR clauses set forth in this
Subcontract in text or by reference "Subcontractor" shall be substituted in place of
"contractor" and where necessary for ICF Kaiser Engineers, Inc. to carry out its
obligations thereunder, "Contractor" shall be substituted for the "Government",
"USACE" or its representatives, including the "Contracting Officer". Where
substitution of "Contracting Officer" by "Contractor" is not appropriate Contractor
shall be provided notice along with the Contracting Officer.
1.2 Except as otherwise provided in this subcontract, the term "Subcontracts" includes, but
is not limited to, purchases orders and changes and modifications to purchase orders
under this Subcontract.
1.3 "Government" means the United States of America.
1.4 "USACE" means the United States Army Corps of Engineers or any duly authorized
representative thereof.
1.5 "Subcontractor" means the party to whom this Subcontract is awarded.
1.6 "Contracting Officer" means the Contracting Officer USACE.
1.7 "Lower Tier Subcontractor" means any party entering into an agreement with the
Subcontractor or any lower tier Subcontractor for the furnishing of supplies or
services required for performance of this Subcontract.
1.8 "Statement of Work" means that part of this Subcontract that provides a specific
statement of the work to be performed under the Subcontract.
Disputes
(a) Any dispute arising under or related to this Subcontract, which the parties cannot settle hy
mutual agreement, may be resolved through appropriate legal proceedings, including
Alternative Disputes Resolution Proceedings, as separately agreed to by the parties. Pending
settlement, decision, appeal, or judgment, Subcontractor agrees to proceed diligently with
performance of the subcontract.
(b) If the Subcontractor submits a claim, which means a written demand or written assertion
by the Subcontractor seeking as a matter of subcontract right the payment of money, or an
adjustment or interpretation under the subcontract which arises under or is derived from the
Prime contract and that claim asserts that it is the result of Government action or
inaction/failure to act which falls under the Prime contract's disputes clause, the Contractor
sec4team.btc December 22, 1995
may sponsor the Subcontractor's claim, provided. that the Suhcontractor follows the Prime
contract requirement for certification of such claim so as to meet the contract Disputes Act
requirements.
FAR clauses incorporated hv reference: The following clauses are herehy incorporated into
this Suhcontract with the full force and effect as if they were set forth in their full text as set
forth in the Federal Acquisition Regulations (FAR).
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
RESERVED
RESERVED
52.203-5
52.203-6
52.203-7
52.203-10
52.203-12
52.204-2.II
52.209-6
52.210-5
52.215-1
52.215-2
52.215-22
52.215-23
52.215-24
sec4team.btc December 22. 1995
Covenant Against Contingent Fees (April 1984) ........ .
Restrictions on Subcontractor Sales to the Government (July
1985) ......................................... ·.
Anti-Kickback Procedures (October 1988) ............. .
Price or Fee Adjustment for lllegal or Improper Activity
(September 1990) ............................... .
Limitation on Payments to Influence Certain Federal
Transactions (J1nuary 1990) (applies to subcontracts over
$100,000) ..................................... .
Security ....................................... .
Protecting the Governments Interest When Suhcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment (November 1992) (applies to subcontracts over
$25,000) ...................................... .
New Material (May 1995) ......................... .
Examination of Records by Comptroller General (February
1993) ......................................... .
Audit-Negotiation (February 1993) (applies to subcontracts
over $25,000) ................................... .
Price Reduction for Defective Cost or Pricing Data (January
1991) (applies to subcontracts over $500,000) .......... .
Price Reduction for Defective Cost or Pricing Data-
Modifications Dec 1994 (applies to subcontracts over
$500,000) ..................................... .
Subcontractor Cost or Pricing Data (December 1991)
(applies to subcontracts over $500,000) ............... .
3.16 52.215-25
3.17 52.215-26/1
3.18 52.215-27
3.19 52-215-31
3.20 52-215-33
3.21 52.215-39
3.22 52.217-1
3.23 52.217-2
3.24 52-219-8
3.25 52-219-9
3.26 52.220-3
3.27 52.220-4
3.28 52.222-1
3.29 52.222-2
3.30 52.222-3
3.31 52.222-4
3.32 52.222-26
3.33 52.222-35
3.34 52.222-36
sec4team.btc December 22, 1995
Suhcontrac10r Cost or Pricing Data-Modifica1ions Dec I 444
(applies lO suhcontrac1s over S500.(X)O) ............... .
lntegri1y of Uni1 Prices (April 1991 ). AJ1erna1e I (April
1991) ......................................... .
Termination of Defined Benefil Pension Plans (Sep1emher
1989) ......................................... .
Waiver of Facilities Capital Cost of Money (Septemher 1987)
Order of Precedence ( January 1986) ................. .
Reversion or Adjustment of Plans for Postre1iremen1 Benefits
Other Than Pensions ((PRB) (July 1991) .............. .
Limitation of Price and Contractor Obligations (April I 984)
Cancellation of Items Apr 1984 ..................... .
Utilization of Small Business Concerns and Small
Disadvantaged Business Concerns (February 1990) ....... .
Small Business and Small Disadvantag~d Business
Subcontracting Plan (January 1991) (appi;es 10 suhcontracts
with large businesses over $500,000 or $1 million for
construction) ................................... .
Utilization of Labor Surplus Area Concerns (April 1984)
Labor Surplus Area Subcontracting Program (April 1984)
(applies to subcontracts over $500,000) ............... .
Notice to the Government ofLabor Disputes (April 1984) .
Payment for Overtime Premiums (July 1990) ........... .
Convict Labor (April 1984) ........................ .
Contract Work Hours and Safety Standards Act-Overtime
Compensation (March 1986) ....................... .
Equal Opportunity (April 1984) .................... .
Affirmative Action for Special Disabled and Vietnam Era
Veterans (April 1984) (applies to subcontracts over $10,()(K))
Affirmative Action For Handicapped Workers (April 1984)
(applies to subcontracts over $2,500) ................ .
3.35
3.36
3.37
3.38
3.39
3.40
3.41
3.42
3.43
3.44
3.45
3.46
3.47
3.48
3.49
3.50
3.51
3.52
52.222-37
52.222-40
52.222-41
52.222-42
52.222-43
52.222-44
52.223-2
52.223-3
52.225-11
52.225-17
52.226-1
52.227-1
52.227-2
52.227-11
52.227-12
52.227-14
52.229-3
52.230-2
sec4team.btc December 22, 1995
Employment Reports on Special Disabled Veterans and
Veterans of the Vietnam Era (January 1988) (applies to
subcontracts over S 10.000) ......................... .
Service Contract Act of 1965, as Amended May 1989 --
contracts of $2,500 or less (May 1989)
Service Contract Act of 1965, as Amended (May 1989)
Statement of Equivalent Rates for Federal Hires (May 1989)
Fair Labor Standards Act and Service Contract Act -Price
Adjustment (Multiple Year and Option Contracts) May 1989
Fair Labor Standards Act and Service Contract Act --Price
Adjustment (May 1989) ........................... .
Clean Air and Water (April 1984) ................... .
Hazardous Material Identification and Material Safety Data
(November 1991) ................................ .
Restrictions on Certain Foreign Purchases (May 1992) ... .
Buy American Act--Supplies Under European Community
Agreement (May 1995) ........................... .
Utilization of Indian Organizations and Indian-Owned
Economic Enterprise (August 1991) (applicable only if a
Subcontracting Plan for S/SDB is required) ............ .
Authorization and Consent (July 1995) ............... .
Notice and Assistance Regarding Patent and copyright
Infringement (April 1984) (applies only to subcontracts over
$25,000) ...................................... .
Patent rights--Retention by the Contractor (Short
Form)(June 1989) ............................... .
Patent rights--Retention by the Contractor (Long
Form)(June 1989) ............................... .
Rights in Data--General (June 1987) ................. .
Federal, State, and Local Truces (January 1991)
Cost Accounting Standards (August 1992) (applies only to
subcontracts over $500,000 with Large Businesses) ....... .
3.53 52.230-5
3.54 52.232-1 7
3.55 52.236-2
3.56 52.236-5
3.57 52.236-7
3.58 52.236-13
3.59 52.236-19
3.60 52.237-2
3.61 52.242-1
3.62 52.242-13
3.63 52.243-7
3.64 52.244-5
3.65 52.245-1
3.66 52.245-4
3.67 52.245-5
3.68 52.246-1
3.69 52.246-20
3.70 52.246-25
3.71 52.247-34
3.72 52.248-1.III
3.73 52.249-4
3.74 52.249-14
3.75 52.251-1
3.76 52.251-2
sec41eam.b1c December 22. 1995
Administration of Cost Accounting Standards (August 1492)
( applies only to suhcontracts over $500.000 with Large
Businesses) .................................... .
Interest (January 1991) ........................... .
Differing Site Conditions ................. .
Material and Workmanship (April 1984) .............. .
Permits and Responsibilities (November 199 I) ......... .
Accident Prevention (November 1991) ................ .
Organization and Direction of the Work (April I 984) .... .
Protection of Government Buildings, Equipment, and
Vegetation (April 1984) .......................... .
Notice of Intent to Disallow Costs (April 1984) ......... .
Bankruptcy (April 1991) .......................... .
Notification of Changes (April 1984) ................. .
Competition in Subcontracting (April 1984) ........... .
Property· Records ( April 1984) ...................... .
Government-Furnished Property (Short Form)(April 1984)
Government Property (Cost-Reimbursement, Time-and-
Material, or labor-hour contracts)(January 1986) ........ .
Contractor Inspection Requirement ( April 1984) ........ .
Warranty of Services (April 1984) ................... .
Limitation of Liability-Services (April 1984) (applies only to
subcontracts over $25,000) ......................... .
F.O.B. Destination (November 1991) ................. .
Value Engineering (March 1989)--Alternate III (April 1984)
Termination for Convenience of the Government
(Services )(Short Form)( April 1984) .................. .
Excusable Delays (April 1984) ...................... .
Government Supply Sources (April 1984) ............. .
Interagency Fleet Management System (IFMS) Vehicles and
Related Services (January 1991) ..................... .
?,. 77 52.253-1 Computer-Generated Forms (January 1991) ............ .
DFAR clauses incorporated hv reference: The following clauses are herehy incorporated into
this Suhcontract with the full force and effect as if they were set forth in their full text as set
forth in the Defense Department Supplement to the (DFAR).
4.1
4.2
43
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.B
4.14
4.15
4.16
4.17
4.18
252.204-7000 Disclosure of information (December 1991) ............ .
252.203-7001 Special Prohibition on Employment (April 199?,) (applies
only to subcontracts over $25,000) ................... .
252.219-7003 Small Business and Small disadvantaged Business
Subcontracting Plan (May 1994) ( applies only to large
businesses with subcontracts over $500,000 or SI million for
252.223-7001
252.223-7006
752.225-7001
252.227-7000
252.227-7013
252.227-7017
252.227-70 I 8
252.227-7019
252.227-7022
252.227-7023
252.227-7024
252.227-7029
252.227-7033
252.231-7000
252.231-7001
construction) ................................... .
Hazard Warning Labels (December 1991) ............. .
Prohibition on Storage and Disposal of Toxic and Hazardous
Materials (April 1993) ............................ .
Buy American Act and Balance of Payments Program
(January 1994) .................................. .
Non-Estoppel (October 1966) ...................... .
Rights in Technical Data--Noncommercial Items (June 1995)
Identification and Assertion of Use, Release. or Disclosure
Restrictions (June 1995) ............... _ .......... .
Restrictive Markings on Technical Data (October 1988) .. .
Identification of Restricted Rights Computer Software (April
1988) ......................................... .
Government Rights (unlimited)(March 1979) .......... .
Drawings and Other Data to Become Property of
Government (March 1979) ........................ .
Notice and approval of Restricted Designs (April 1984) ... .
Identification of Technical Data (April J 988) ........... .
Rights in Shop Drawings (April 1966) ................ .
Supplemental Cost Principles (December 1991) ......... .
Penalties for Unallowable Costs (May 1994) ........... .
sec4team.btc December 22, 1995
4.19 252.243-4066
4.20 252.243-70())
4.21 252.247-7023
4.22 252.247-7024
4.23 252.249-7001
4.24 252.249-7002
4.25 252.252-7001
sec4team.btc December 22, 1995
Engineering Change Proposals (August 1992) Alternate I
(Decemher 1991) ................................ .
Pricing of Contract Modifications (December 199 I ) ...... .
Transportation of Supplies hy Sea (Decemher 1991) ..... .
Notification of Transportation of Supplies hy Sea (Decemher
I 991) ( applies to subcontracts over S25.000) ........... .
Notification of Substantial Impact on Employment
(December 1991) ( applies to subcontracts over S500.000) ...
Notification of Proposed Program Termination or reduction
(May 1995) {applies to subcontracts over $100.llllO) ...... .
Use of lnteragency Fleet Management System (IFMS)
Vehicles and related Services (December l 991) ......... .
PART II -SUBCONTRACT CLAUSES
SECTION 5
SUBCONTRACT SPECIAL CONDITIONS
The following additions/replacements/modifications. are made to Part II, Section 4. Subcontract General
Conditions.
Time and Materials {T&M), Fixed-Price and Fixed-Unit-Price Delivery Orders.
1 Add FAR 52.212-4 Liquidated Damages -Supplies, Services, or Research and Development
Apr 1984
2 Add FAR 52.216-4 Economic Price Adjustment -Labor and Material Apr 1984
3 Add FAR 52.243-1 Changes-Fixed Price, (Alternate 1) Apr 1984
4 Add FAR 52.245-2 Government Property (Fixed Price Contracts) Dec 1989, in place of FAR
52-245-5 "Government Property (Cost-reimbursement, Time & Material, or
Labor-hour contracts)".
5 Add FAR 52.249-8 Default (FP Supply and Service) Apr 1984
Cost Reimbursement Delivery Orders:
Add Cost Reimbursement Delivery Orders
This clause outlines applicable policies, procedures, practices, and requirements as they
relate to cost reimbursement delivery orders.
1.1 Proposal Requirements: The Subcontractor shall exercise adequate cost control
policies and procedures on cost reimbursement delivery orders.
1.2 General: It is imperative, due to the multiple funding sources under this
subcontract, that the subcontractor be capable of estimating, budgeting,
accounting, and reporting of costs by individual funding sources as well as work
item.
1.3 Management Organization, Responsibilities, and Authorities:
Subcontractor shall demonstrate a management team and organization capable
of performing its own management and subcontract management effectively and
efficiently. the primary Contractor authority under the subcontract is the Program
Manager represented on individual delivery orders by the Project Manager who
shall be designated in writing. Subcontracts, and modifications thereto, shall be
executed by the Senior Contracts Manager, or written designee. Technical
direction and changes under the clause entitled "Changes• shall be issued only
by the Program Manager or Project Manager.
Sec5team.bte December 22, 1995
PART III -ATTACHMENTS
SECTION 6
ATTACHMENT A
SAMPLE DELIVERY ORDER
ATTACHMENT A
DELIVERY ORDER
SUBCONTRACT NO. 66700-SC-000
DELIVERY ORDER NO.
This Delivery Order is made this __ day of ___ , 19_, by and between Contractor and __ _
______ ("Subcontractor ') and is hereby incorporated into the Subcontract between the
parties dated _______ _
1 SCOPE OF SERVICES
Subcontractor shall provide the following services:
2 SCHEDULE
3 PAYMENT TERMS
4 SPECIAL PROVISIONS
IN WITNESS WHEREOF, Contractor and Subcontractor have caused this Delivery Order to be
executed by their duly authorized representatives as of the date first written above.
FOR: Contractor FOR: Subcontractor
Signature Signature
Name (Typed) Name (Typed)
Date Date
1. This Delivery Order is issued by Contractor pursuant to the following Govemment direction:
p,__C-.dNo. Etlectiwe 0.. of PritM ~-08/25/95
OACA31-95-0-0083
~ Delivery o.-No. ###### E-D-of Conlr-Delivery Order:
mm/dd/yy
att_A December 22, 1995
11/11 /98 17:35 FAX [phone] .S'fJ<:\'..I:: .. DETWILER @0021011
Providing creative environm ental solutions
Environmental, Inc.
To: Mike Kelly
From: Steve Detwiler
MEMORANDUM
Subject: Warren County PCB Landfill -Phase III Detoxification Utilizing BCD
Date: 11/11/98
Please find enclosed a justification document for awarding the Phase III contract
for full scale detoxification of the Warren County landfill utilizing the BCD process to
ETG. I know we have discussed these issues verbally, but I wanted to commit these
items to writing in the event that you would discuss Phase III internally within the
Department or with your Contracts people. I realize that this document may be premature
in the timing of the submittal, but I want you to begin to think about the next step in this
process and possible ETG participation. Please note that I have included the introduction
for the IT report that you faxed me as technical backup.
Also, I've included a summary of the tasks that could be completed for $2MM.
Dollie requested this of Pat Barnes, so I assume she has this document.
Please call me with any questions. Thanks, Mike.
Steve
16 Hagerty Boulevard, West Chester, PA 19382-7594 • (61 0) 9 18-1 100 ■ Fax [phone]
__ 11/11/98 17: 36 FAX_§_1Ll31 9140 STEVE DETWILER
JUSTIFICATION FOR SOLE SOURCE A WAIID
1l0 ETG FOR PHASE III -WARREN COUNTY
LANDFILL BCD REMEDIATION
TECHNICAL JUSTIFICATION
1. ETG Environmental, Inc. (ETG) is the only USEPA licensee of the BCD process who
is currently marketing the technology and has full scale experience utilizing the
technology at the full scale level. All other companies who might have interest in this
project would have to learn "on the job". That would not be in the best interests of the
Warren County stakeholders, including the state of NC.
2. The BCD process was already bid for Phases I and II of the project, and ETG was the
only company willing and able to step up to bid the project. How would bidding Phase
III be ai:fferent from Phases I and II? '
L-->, ~~--ill.. ( p N~ ~ .. ~.,_)
3. ETG has proven the BCD process at the Phase I level and has a proven technical
approach to safely and cost-effectively detoxify the Warren County PCB landfill at the
full scale level. (ETG welcomes site tours of the USEP A Superfund Southern Md. site
where ETG is treating 150,000 tons of Pentachlorophenol -PCP -and dioxin
contaminated soil).
COMMERCIAL JUSTIFICATION
1. ETG has expressea a willingness to work on a cost-plus-incentive fee contract with a
not to exceed maximum cost. ETG would absorb all costs over the guaranteed
maximum, providing the state all of the benefits of a fixed price contract. Actual costs
under the contract maximum would be split 50-50 between the state and ETG, which
provides incentive for ETG to keep costs as low as possible to SAFELY complete the
project, thus assuring a competitive contracting approach. The cost-plus-incen 1ve-fee
contract mechanism was used at the Southern Md. site referenced above on a negotiated
basis. (The contract was not bid).
2. The state would save time and money on the RFP (Request for Proposal) process.
ETG estimates that the USEPA saved $IMM by negotiating the Southern Ma. project. In
addition, work on Phase III could begin much sooner with a negotiated basis, which
would no doubt be received favorably by the community and elected officials.
{!!!a&8!!!1J119~ ,: I Ill
Environmental, Inc.
14] 003/011
-· 11/11/98 17:36 FAX [phone]
Warren County Justification
p.2
11/11/98
STEVE DETWILER
3. The cost-plus contract mechanism works with a phased funded project. IfETG is
awarded Phase III, we would provide a schedule of task items that would be
accomplished with the initial $2MM budget allocation. As additional funding is
allocated, the remaining items of the detoxification project would be completed.
(Southern MD. was phased-funded).
4. ETG would assemble a team of qualified subcontractors (including Pat Barnes) to
address all oftlie technical and community related aspects of the project. This approach
would be received favorably by the community.
In summary, we at ETG believe that it is in the best interests of all of the
stakeholders to proceed expeditiously with a negotiated contrac between the state of NC
and ETG for Phase ill of the Warren County PCB landfill utilizing the USEPA patented,
ETG licensed Base-Catalyzed Decomposition (BCD) process.
Environmental, Inc.
14] 004 /011
11/11/98 17:38 FAX [phone] STEVE DETWILER
SUMMARY -WARREN COUNTY PHASE III
INITIAL $2MM FUNDING PROPOSAL
Final Design: SI.175,652
Note: This category contains final system design for permit ac uisition and
system design for equipment procurement. This will allow for orders for equipment to be
placed immediately once additional funding has been obtained. A team including ETG
and Pat Barnes will be constructed to accomplish this task.
Premobilization: $55,689
Note: Includes mobilization and expenses for two (2) ETG employees to begin
site preparation activities. The remainder of mobilization will commence once additional
funding is obtained.
Site Preparation: $442,909
Note: Some initial site preparation activities will commence to begin the process
of preparing for actual.detoxification activities. The remainder of site preparation will
commence once additional funding is obtained.
BCD Liquid Reactor Purchase: $283,000
Note: The remainder of the required equipment will be ordered immediately once
additional funding is obtained.
Contingency: $42,750
Note: To be used if any of the sub-tasks in this proposal develop unforeseen
circumstances which result in task cost overruns.
TOT AL: $2,000,000
Note: No allocations have been made for local hire training or for PCB office, science
advisors, or additional investigations.
Environmental, Inc.
14)011 /011
.... __ _....
i=lu Providing creative environmental solutions
Environmental, Inc.
Mr. Michael A. Kelly
Deputy Director
Division of Waste Management
North Carolina Department of Environment
and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, NC 27605
May 18, 1998
SUBJECT: Warren County, NC PCB Landfill
Dear Mike:
On behalf of Ron Bacskai and ETG Environmental, Inc. (ETG), I would like to
thank you and Pat Williamson for taking the time to meet with us to review the
performance of ETG on our work on Phases I and II of the Warren County project. I was
pleased to hear that you and the Department are satisfied with the work performed by
ETG to date.
As also discussed, I would like to provide you with a summary of our discussions
regarding the possibility of the Department entering into direct negotiations with ETG for
the design/build contract for BCD detoxification of the Warren County Landfill. This
summary could provide the justification for sole source negotiation in lieu of issuing an
RFP for the work. The following items were discussed:
• The BCD technology has been competitively bid for Phases I and II and ETG
was the only company wiiiing and able to bid. The license for the BCD
technology only provides access to the chemistry. The licensee must develop
the equipment, expertise and operating experience to utilize the technology.
ETG has developed and proven the technology on full-scale projects, making
us the most qualified company to perform the next phase, the design/build
detoxification of the Landfill. Any other contractor would have to learn "on
the job", which, experience shows, could present significant challenges.
• ETG would be prepared to enter into a cost-plus guaranteed maximum
incentive fee contract. This approach would provide the Department all of
the benefits of a fixed price contract. This contract format has been
successfully utilized with ETG by the US Army Corps of Engineers
(USACE) and USEPA for the Southern Maryland Wood Treatment Site, a
16 Hagerty Boulevard, West Chester, PA 19382-7594 • (6 1 0) 43 1-9 100 • Fax [phone]
.;
page 2
M. Kelly
5/18/98
150,000 ton federally funded cleanup in Region 3. USACE has estimated
that by negotiating the contract versus issuing an RFP, a full year was
reduced from the project schedule. ETG, after discussions with USACE, has
estimated that savings in excess of $500,000 were realized.
• ETG has earned community acceptance and has developed significant site
knowledge through our successful participation in Phases I and II. If an RFP
were issued and a different, less experienced contractor brought in,
community resistance would almost surely be encountered. Also, by
negotiating the contract, a team could be assembled to ensure maximum
participation by local/minority contractors. Additionally, by developing a
contracting mechanism which could result in detoxification completion a year
earlier, the Department would undoubtedly receive complete community
support.
• A cost plus contract would work with a phased funding approach as would
probably be required at Warren County. A phased funding mechanism is
being utilized at Southern Maryland.
If you have any questions on these items or require any further information, please
do not hesitate to give me a call. Please remember that we will be pleased to arrange a
visit to the Southern Maryland site at your convenience. Mike, once the funding
mechanisms have been finalized, I sincerely believe that a negotiated contract would be a
win-win situation for all of the Working Group members including the Department.
Once again, we appreciate the opportunity to meet with you this week. I hope to
discuss the next step with you at the appropriate time in the near future.
Very truly yours,
G. Steven Detwiler
Vice President
Business Development
lf!1!!/91~_!(1!11111111)!
11::IIJI
Environmental, Inc.
······••,•.•,•··············.·.·······························
3/3/98
Reporting
Fiscal Year 1998
Contractor: ETG Environmental
NC Department of Environment, Health, and Natural
Resources
Division of General Services
CONTRACT EXPENDITURE REPORT
DIVISION OF WASTE MANAGEMENT
Division/ Section/ Program
Page 1
Contract N-7022 ------Contract System 76302293
Purchase Order No. 1600053972
Purpose: PCB Detoxification Study
Project Director: Steve Detwiler Total Expenditure: ---------------$50,000.00
ITEM DESCRIPTION
Budget Code 24300
Fund 2103
No RCC
No Program
Contractor Authorized
DEHNR 2481 (Revised 11/89)
General Services (Review 7/91)
CLASS
bJ..&~J
Contractor Fiscal Officer
ITEM CONTRACTOR
NO. AMOUNT
6100
DEHNR
CONTRACT
AMOUNT
$50,000.00
Di~ision / Section.Head
.-,\l\X
_J
Invoice
Invoice Number: 2750
Date: March 3, 1998
To:
North Carolina Department of Environment and
Natural Resources
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Attn: Mike Kelly, Deputy Director, Div. of Waste Mgmt.
Warren County Landfill -Phase II -Preliminary Design Report
Project Manager NC Contract# Job Number
ETG Environmental, Inc.
16 Hagerty Boulevard
West Chester, PA 19382
[phone]
Fax: [phone]
Federal ID#: 232595476
Ship to (if different address):
SAME
Date Shipped F.O.8. Terms
Steve Detwiler N7022 4038 NIA NIA Upon Receipt
QTY. DESCRIPTION UNIT PRICE
Phase II Draft -Preliminary Design Report $50,000.00
TOTAL DUE $50,000.00
Total Contract Value $89,020.00
Total Remaining to be Invoiced $39,020.00
TOTAL DUE THIS INVOICE
Please make check payable to:
ETG Environmental, Inc.
Post Office Box 7777-W2840
Philadelphia, PA 19175-2840
TOTAL
$50,000.00
$50,000.00
$89 ,020.00
$39,020.00
$50,000.00
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF GENERAL SERVICES
LAIRD A. DAVISON , Dl~ECTOR
December .1, 1997
I I
AMENDMENT NO. 1
AMENDMENT TO CONTRACT NUMBER N7022
BETWEEN
ETG ENVIRONMENTAL
AND THE
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
ANO NATURAL RESOURCES
i P~I rsuent to paragraph eleven of Contract Number N7022, the Department oi
E vironment and Natural Re sources would like to amend said Cc;·,,ract ,c .:aa
: P ase II of t he Contract's Proposal PCBLF4. The addition of Phase II w ill
, iricrease the amount pa yable under the Contract by $89,020.00. The total
; a~ount payable under the Contract will not exceed TWO HUNDRED FIFTY•
j F VE THOUSAND FOUR HUNDRED TWENTY DOLLARS ($255,420.00).
i
! T e Department agrees to change the contract end ing date from
l pecer ber 30, 1997 to March 20, 1998.
'. J addition, legislation enacted bv the North Carolina General .A.ssen'biy
; c~anged the DepartmenT name to Departme nt of Environment a_nd Natural i 1esources.
1 I~ is the intent of this ame ndment to address provision(s) noted c:,ly, and in
·. np way should this amendment be construed to further modify this co ntract.
; Pllease indicate acceptance by your signature be low.
i I
\ "lpproved:
; I
ETG Environmental
eturn one ( 1) duplicate original to: Purchase & Contract Section, DENR,
0 Box 27687, Raleigh, NC 27611-7687.
c: Mike Kelly, Waste Management
DENR Office of the Controller
DUPLICATE ORIGINAL
P.O. BOX 27687;RAliiijh, NC 27611 ·7687 / 1!12 Nortll Sal!allury Sltotl. Rolelgn. NC 271304
Phone 919-733•n48 f'AX 919,7111 ,0684 WWW EHNR STATE NC UStl:HNAI
AN £OUA1. OPPORTUNITY1AFPIAM11iIv~ ACTtQN liMPLovcn . GO% i..~cvctG01,0¾
0Posr.coNSUMtt1 PAPEA
Date
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Waste Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
William L. Meyer, Director
MEMORANDUM
TO:
FROM:
DATE:
RE:
Steve Detwiler
ETG
William L. Meyer, Directo'P'fv\
Division of Waste Management
November 12, 1997
Extension of Contract
DEHNR
This is to notify you of our intent to extend your contract to include Phase II of the
detoxification of the Warren County PCB Landfill.
The contract will be awarded at a cost of $89,020. A request has been sent to the
Purchase and Contract office for this contract to be issued
sh
C:\WPFILES\pCBLf\MEM-LETiiPHASEII.MEM
P.O. Box 29603, Raleigh, North Carolina 27611-9603 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post-Consumer Paper
DATE TIME
1 1 10 1 2 : 30
1 1 l (1 1 2 : 47
1 1 10 1 4: 1 6
1 1 113 15: 16
1 1 10 1 6 : 34
1 1 10 1 7: 16
1 1 1 1 1 7: 5 "3
1 1 1 1 1 8: 01
1 1 1 1 1 8: 02
1 1 1 1 1 8: 1 1
1 1 1 1 1 8 : 4 E,
1 1 1 1 u,:: 54
1 1 1 1 19: 01
1 1 1 1 19: 35
1 1 12 1 1 : C' ,-, ,.J ,:,
1 1 1 2 1 1 : 59
1 1 1 2 1 1 : 5 •j
1 1 1 ·-, "-1 2: 0 1
1 1 1 2 1 ., • "-. 33
1 1 1 2 12: 44
1 1 12 13: 3 :::
1 1 1 .-.. "-1 4: ~3 9
1 1 12 14: 34
1 1 12 14: 50
1 1 12 1 5: 20
1 1 12 1 5: 21
1 1 12 1 5: 49
1 1 12 16: 14
1 1 12 16: 15
1 1 12 1 7: 02
HCT!I . .JIT'r' F.:EPOPT
1 1 . 1 2
( T '=·=' ··, •• I I ■•
1 ,::i ,::i 7 • •• •• I
9197153 605 S OL I D WASTE DI U
DURAT I Ot·l REMOTE ID MODE F' A 13 ES
4~34 669 2750 E U1
(1 ,3 ·' 3 0 .',' 404 669 2 7 50 ECM
9 19 733 '341 3 ECM
00 ' 00 n 9 7 1 E,6936 G3 (1
0(1' 52"' :30435:39025 ECM
~30 1 51 n E CM 2
0 1 ' 2 1 .',' 716 6767 E CM 2
00 ·' 00 " 97166767 13 3
0 0} (1 (1 )J 97166767 (:i 3
716 6767 E CM 2
00'35 ).I 716 6767 E CM
01 ' 14 " 716 E,7E,7 E CM 2
01 > i) 5 n 716 6767 E CM 2
[1 [1) 3 7 )) 716 6767 E CM
'371506:34 13 3 (1
00' 00 " 97150684 13 3
00' 00 '' 971506:34 13 3
ECM
919 46E, :339E, ECM
01 ' 29 )) ECM 3
91 '3 :,:21 044 7 ECM 2
(11 } (13 )I 133 2
6104319140 G3 2
89104310048 13 3
:::7043914513 13 3 0
:::7043914513 13 3 (1
(1(1'52 .') "319 733 9413 ECM 2
00'42).I '310 431 0•348 ECM 2
00 ·' 3 3 n '319 783 1075 ECM
00'38 .') 704 8268116 G3
RESULT
0 . K .
0 . K .
0 . K.
I tHERRUF'T
O.K.
O.K.
tl . 13. 2 •3
tl.I3 .20
tL G. 20
0 . K .
O.K.
O.K.
0 . K .
tL G. 2 0
tl . G. 2 0
0 . K .
0 . K.
0 . K .
0. t<.
O.K.
0. K.
BUS V
tL G. 2 0
tL G. 2 0
0 . K .
0 . K .
0 . K.
0 . K.
DIVISION OF WASTE MANAGEMENT
919-733-4996, Ext. 201
Fax: [phone]
FAX TRANSMJSSION COVER SHEET
FAX: & l a -i .11-9 II/-o
CO1\1MENTS : --------------------
TOT AL NUMBER OF PAGES INCLUDING COVER SHEET: cfa
DATE SENT: / !) 1411 I
' .J\-· h:csl( \
NAY 15 1997 )
I l
N.C. Department ofEnviroll!l1~!1T/Hcalth, and Natural Resources
· Diyis;qr o(Gcneral Services . ;_;..,·-
AGREEMENT INFORMATION r
J. PARTIES TO THIS AGREEMENT:
A.
Division
Waste Management
Section
Division Office
Contact Person Telephone Number
Mi k Q e l,LY:;-::: 919-733-4996 X 201
c.:::::
-t:t; ::~:
FOR DEHNR USE OJ\'Lr
I Contraet No . .2 70;}, :;L__
Z~:i~s~~3 I '53:as:;z;:2
Vendor Number
B.
ContraCtor
ETG Environmental
I.R.S. Number or Social Security Number Check if Applicable:
23-2595476 A 0 Pvt/Non-Profit
:lt:J Incorporated
Address (to which checks will be mailed) 16 Hagerty Boulevard
West Chester, PA 19382-7594
Please check one of the following:
0 minority owned 0 handicapped owned
0 woman owned 10 none: of the above
Contact Person I Telephone Number
Steve Detwiler 610-431-9100 ~ 8tj
~~ g:;~~ Evaluation of Soil Treatment Technology
2. TITLE OF ~_.SiRE~M~NT: ----------------,--------------,----£;: c_
3. PURPOSE OF AGREEMENT: Provide evaluation of base cataly zed decomposition of PCB' s on
soil from Warren County Landfill
4. TIME PERIOD OF AGREEMENT: Beginning Date _4_/ 21 / 9 7 Ending Date 12 / 30 19 7
Month Day Year Month Day Year
S. AGREEMENT STATUS: E9 New D Continuing D Revised Year of Initial Agreement _____ _
6. NEED STATEMENT: To honor committment to explore detoxification of the PCB Landfill
in Warren County
7. JUSTIFICATION: Money was appropriated in 1995-96 to study the potential of detoxification.
If Phase I results are conclusive, the Department may ex tend a Phase II Contract to
ETG for an additional $89,020
8. FISCAL INFORMATION: Does this agreement involve disbursement of funds? D from Dept. D to Dept. □ No
1 .... ~-ed_e_ral ____ ...1,1_~-~--e6_,_4_o_o __ .... 1 _~_n_tracto--r ___ __._I ~-·e_r ____ .... 1 _;_pc_ci_al ____ __,I 1;ow
OBJ 536989 SUBHEAD: Fund 2103
R11,., oo_t-_r-,..,-,.,o-'J-/,-'.l.-nn RCC ------PROG ____ _
GE.\'ERAL SERVICES USE ONLY
PAYMENT SCHEDULE:
f?E~ _250~ (Re~ised 1/94)
Page __ of __
N.C. Department of Environment, Health, and Natural Resources !ft;?
Division of General Services :J / /
1997 APR 17 tJi ii: q9CONTRACT BUDGET '/,,, J
4/ 20/ 97
Effective Date
_ ·-.. W;;i..s..t~),{ana gement Contract No . r:1••,!n(' \:f-r, - - - - - -
u li-;,h.:.:::, ._:y .. :.. v1..,.-0v;01f· ision/Section/Program ~ 0 Plf;"t(U "rr t,!-tn c, ..... ,1,c~, r) ?() '7 'J D L;r, ·, .-.:::: ;· .. '.-...i U i'. 1 • ,..., Contract System No. L aL _ o<._ ~ ..z.,_
12 / 30 /.;.9.;..7 __
Termination Date
ForFiscalYear___ PurchaseOrderNoS _J _L 7 _;}-·
Revision No .
Contractor: ETG Environmental
Project Director: Steve Detwiler
Pwpose: PCB Detoxification Study
T~tal Budget: $1 . ...;;6""'6..........a.4=00"'-----------
ITEM DESCRIPTIO~
Evaluation of base catalyze d decomposition of PCB's
on soil from Warren County Landfill
Phase I
Upon completion of Phase I, the Department may , at
its discretion, continue with a Phase II of this
Project f or an additional cost of $89,020
Budget Code 24300
2103 536989
FUND OBJ RCC PROG -· .
' ,...._ /\
C~ntractor Authorized Official
DEH?\R 2482 (Revised 3!95)
. Division/Section Head
General Services Division (Review 3/97)
DEBNR
ITEM CONTRACTOR CONTRACT
NO. AMOUNT AMOUNT
I I
1 I $166,400 loo
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
Office of Controller
,I
STATE OF NORTH CAROLINA
COUNTY OF WAKE
CONTRACT NO. N7022
CONTRACTOR'S FEDERAL 1.D.
OR SOCIAL SECURITY NO.
232595476
THIS AGREEMENT, made and entered into this 21st day of April, 1997,
by and between ETG Environmental, hereinafter referred to as "CONTRACTOR", and
North Carolina Department of Environment, Health, and Natural Resources , hereinafter
referred to as "DEPARTMENT";
WI TN E S S ETH:
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, evaluation of soil treatment technology as proposed
in the Contractor's response to Proposal No. PCBLF4 which is incorporated by
reference as a part of this contract.
2. The DEPARTMENT hereby agrees to pay the CONTRACTOR a
sum of money not to exceed ONE HUNDRED SIXTY-SIX THOUSAND FOUR
HUNDRED DOLLARS ($166,400.00), as agreed upon in correspondence froni the
Contractor dated April 3, 1997, for work to be completed in Phase I.
(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. N7022
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
DEPARTMENT.
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:
Steve Detwiler.
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 21st
day of April, 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
December, 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. N7022
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. N7022
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 , gifts 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 p·ayments 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
' _j
CONTRACT NO. N7022
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 AD.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
Ronald J. Bacskai
Typed Name
President/Chief Executive Officer
WITNESS:
)?. ~ f} __ c( sh b J
Signature
Approved as to Form :
Attorney General of North Carolina
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEAL TH, AND
NATURAL RESOURCES
,,,4{Jonathan B. Howes, Secretary
Director
-----------Div. of General~
·--Hy_) llU ) c-:c /_ J U •UL p~
Department Head's Signature
or Authorized Agent
-•-,o
WITNESS : : :·~. ·.' ' -----
. ·..J
DUPLICATE OR1GlNAL
5 of 5