Loading...
HomeMy WebLinkAboutNCD980602163_20000404_Warren County PCB Landfill_SERB C_Phase III Design - ETG Contract Notes, 1998 - 2000-OCRAW'A NCDENR JAMES B. H UNT JR. GOVERNOR B IL L HOLMAN S ECRETARY WILLIAM L. MEYER DIRECTOR TO: FROM: SPEROS FLEGGAS PAT BACKUS NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT SUBJECT: HISTORY OF ETG CONTRACTS DATE: 04/04/00 I have attached copies of the contracts with ETG Environmental for your review as you requested. The Division of Waste Management has had two contracts with ETG. The first was contract number N7022. This contract was awarded to provide pilot scale evaluation (Phase I) of the Base Catalyzed Decomposition (BCD) process using soil that had been obtained from the landfill. It was awarded based on their response to a Request for Proposals. It stipulated that the contract might be extended to provide a preliminary design (Phase II) if the studies were successful. The original contract was issued on April 21 , 1997 and ended on December 30, 1997. The Phase I was successful and the contract was extended to March 30, 1998 to conduct the Phase II work. The second contract, N9008, was for the ''final" design, Phase III. It was a sole source contract to ETG. The original period of performance was April 15, 1999 through January 31, 2000. There were some delays in getting some of the initial work done which delayed completion of the design and the contract was extended to March 13, 2000. The legislation that specified BCD was Session Law 1998-212, Senate Bill 1366 of the 1997 Session of the General Assembly. That bill was ratified on October 29, 1998. If there are any other questions or I can be of further assistance, please contact me at 733-4996 ext. 308. 1646 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1646 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 91 9-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/1 0 o/o POST-CONSUMER PAPER JAMES 8. HUNT JR. GOVERNOR BILL HOLMAN SECRETARY . -' . . . WILLIAM. L MEYER J DIRECTOR :. :. ;;.'·-:-,-,'. -~ _--':.; ·-_~::--··;\ .. ::--~--:· i,\:~·1 i --~. , j ,.,.,, ---• - :. ·::;_]iii :~.: ;:li/~*;~~~~_:::~~~~~~ -:--..... 'I" ---.:. ..... __ ,_;::-ii:; ·i~)~~~· ... 7~.,,--~~ ... "-¥'· "· t~ ,:-:--_..... ./ ~.;:~~~~?-~ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT December 16, 1999 MEMORANDUM: TO: MlCHAELBRYANT,DENR CONTRACTS & PURCHASING FROM: PAT BACKUS /Jni.J--i DWM r· .__, SUBJECT: EXTENTION OF CONTRACT WITH ETG ENVIRONMENT AL (DENR Contract No . N900 8) The deparunent's contract with ETG Environmental for the Phase III final design for the detoxification of the Warren County PCB Landfill ends on January 31 , 2000. A topographic survey of the site, which was essential to many of the design drawings, took much longer to complete than estimated. This task was part of the critical path of the project and delayed completion of the project by approximately six weeks. ETG has indicated that they will be finished with the entire project and provide all the plans and deliverables for our review by January 27, 2000. Our contract ,vith ETG states that the final payment ,vill be made only after the state has approved the completed final design documents. Through th.is letter, I am requesting that the contract be extended by six weeks to March 13, 2000, to permit the department to thoroughly review these documents and resolve any outstanding issues. Please call me if you have any questions. Thank you for your help in this matter. 1646 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1646 401 OBERLIN ROAD, SUITE 1 SO, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-71 5-3605 AN ECJUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST-CONSUMER PAPER ' ~ 03/0,1 /2000 11:15 919-715-0684 .. l . DTA.NC~ • !~t tNn'lfucnON8 ON MCIC ·. :. 1'1,t.: ;Jtpanmca: of Envil'OIIDleU aad Nanni Rff<l'!rces • Dh•i:i~!l c!' P,,m:bue Incl ~ervlc:=s AGREE:ME1'"T Il\"FORMA TION T>A'D'T"T'C'~ 'T'r, 'T'UlC: 1.n'0'C"C:U't).!'f'. 1, 6.,....,.. • ......., "'"' ....... ..,, .. ""'.--···-•".&• A. Dirilion Wast@ Mana enl!nt Section Acldrms (PO icx. SlrCet. City. Siatc, Zip) Cozltrac:t Administrator TelepboJi"~605 NCDE&NR/PURCHASING PAGE . . . l9B .PINB PSi Ql)'J.Y · Comi,=t Nu. Contnet S)'Stcm No. Purchase Order No. Vendor Nwnber B. Comractor J.Jl.$. Nmnbcr or 5odal s.eurtty N-ber ... : .. .,,.,. ·---~ .... ~k if AJlplicable Pvl/Non•Profi1 Mdrua (lo WIIICII CDUM WW De maiiaai (Street, i-u isoxi CCII)', State, Zip} Uoct rhoctcr PA 1C1~?-7~0l .... __ ~ -·-------. --. Pkut ebtcll one of the followiDs: 02 I I _ Africar. Amcric&n owned _ Woman owned _}{andicapped owned _ H~panic owned _Other minorlt)· owned ...x:ltion: of the above Contractor Contact Person: Telephone Nu:;~Der St4=!ve Detwiler 601-431-9100 DIVISION CONTRACT COORDINATOR: Michael Kelly PHO~LNO; 919-733-4996 X 203 ;_ PURPOSE OF AGREEM'Et-:T: Canplete Phase III Final Design fo;: Petoxification TLV.E PERIOD OF AGR?!?'.re~T: BegiMlng Date_!:._, 15 199 ~ndlnt Date _!._t.1.!.._ ! 00 (CO!\TRACT CAJl.i"NOT EXC££D 3 \'RS.) Mo D&y Ye.ar Mo Day Year r ....... ,;,..,,,",, ___ .,, ........... ,,b 6. NEED STATEMENT: Final design nrust be completed to allow the state to bid the det.oX1f1eat.ion of the PCB land.!'111 7. 1USTIFlCA TION;._,...._P;..;;ha=s:;.;e;_;;I;....::&:.....-=Ic=I;....:.:ha:::..Yoiie_be_.eilll,p.._c""ol,MmpiWt"-1..,e"'"'.t""'.e""a...,• ;"°""""'t ... he...._ . ..._nu.e..ax...,t.........i.eu.t.i.e+ip~i ,1;18...i..t"1.110ei;:....t.1...-,..u· nu.a~~..._, __ _ desi2n and must be fjpjsbed ta begin detax1f1cet1oo 8. FISCAL INFORMATION: Does this aareement involve disb1.1rscmcn1 of runds7 ..x-fram OENR _ to DE:NR. No I Other Spda.J I ....._s_~ ____ s _52_5_, 5_5 __ o __ . 00_.1-s ____ ..,Jli........s ____ ..1.-s ___ _il i...l _t_2_s ~, s_so_._oo_ Federal State Contractcr Toal SUBHEAD: GL Company /" 0 GL Account 56, 9 ~ 't - ~ . _ __,.4.,, PAYMENT SCHEDULE: DEl\TR. 2500 (Rc;-is::d l/99) 03 /01 /2000 11:15 919-715-0684 NCDE&NR/PLIRCHASING PAGE 03 N.C. Department of Enviroru-nent and Natural Resources ... • • -t ----,,. ........ -•------.J ,i"\ - - .: ---r .. _ ---• UJVJ51UD UI rurl:nasc iUlU .>Cl V ,~ ra!,lc __ u1 _ CONTRACT BUDGET Contract No. ti_ 9 DQ ~-- "'-----· 1"11-·-·--.. ,_ 15 April 1999 Effective Date 31 January 2000 Tc.rminAtion Dr.tc Contractor: Waste Management Division/Section/Program For Fiscal Year 99-00 EIG EnvirooroeotaJ \,.,UUU-ai.;L ..>)'lllLClll l'IV, ______ ~ _ Purchase Order No. ____ _ :.·~-;., ·_ .. ,. Revision ~o. __ Purpose: Phase 3 Petpvj~irat1on Plan Total Budact: Contractor Contact: or Amenoments 525 ,SSO.OO ----------------- ITEM DESCRIPTION Provide compl~t~ Phase III Final T\--..:-.J ______ ,.__ &--,._t.,_ .c .• 11 .Lll:::Oi'5U UV\.:1,.IUlC::U LI:> .._,_,.._ U..&.'C .LU-.L.4 scale detoxification of the PCB lanc1Ull in Warren County using BCD Technology (MA...,'DATORY IF FEDERAL Th~'DL'll,jG) CFDA CODE: (CATALOG OF ~ERAL DOMESTIC ASSISTANCE COD?) . Jt,o'f 58 {t,t/'hi GL QL Account GL Center Company DEllf"R 2482 (Revised l/99) CONTRA.CTOR AMOt:1':T Of '1nn1tcai,ie1 or JJ.uthor'&1ec! l1~ent (Mandatory) I I DE1'1~ CONTRACT AMOt,1'-17 $525,550 00 I ; f3n, JJ J L (@;~~UM Division Bud~et Officer (1\fan~tcrr·) STATE OF NORTH CAROLINA COUNTY OF WAKE CONTRACT NO. N9008 CONTRACTOR'S FEDERAL !.D. OR SOCIAL SECURITY NO. 232595476 CP'DA CODI:: NIA -• ••-• ----• •-• ,._ I I .; • ••a J ~---'-~L,;_ ,,_., ""'-•• -C ··-•• 4nftn "•• A-',.j I Hl::i P,.L:;Kt::t:Mt:N 1, mace ana en1cn::u """' u11~ .>ru u■y ..,, m•:r, 1DDD, uy ....... between ETG Environmental, hereinafter referred to as "CONTRACTOR", and North Carolina Department of Environment and Natural Resources, hereinafter referred to as "DEPARTMENT"; 'JV : T ~J 1= ~ ~ F T H· ~·~._.. .. .._ _____ _ THAT WHEREAS. the CONTRACTOR has submitted to the DEPARTMENT a proposal for the performance of certain technical or professional services; and , •,, •---• -41. -~.-'"',. n~• •r--"-•~ -'--=---, ... __ ,_., :...,,,._""' --"'♦""11111,..,. ,a,:•k •h'-' VVMC:Kt:f'I-:>, trlt: L.JC.11"\I"'\ 1 rv1c:1-.1 1.11.:::>nc:, ,u a,11101 """" co ..,..,,,.,a,.., v .. .,, "''"' CONTRACTOR to perform the services set out in the proposal; NOW, THEREFORE, for anc, ln consideration of the mutual promises to el!leh other, as hereinafter set forth, the parties hereto do mutually agree as follows: -•· -_....,.,-,-r....,-...~,-...M '----L. .. ------4---..6-~-:--___ ..__...--,."♦i,.tf'°'N""''"' 1 • I ne VVl'\J I t"'ll"\\., I u" JJCI li::&Jy Ql:JI tse~ IV t,JC-11'-'11 I~ 11 t a 11 !Cat II IDI .ODl.l.:JI_._, ..... , ,_ the DEPARTMENT, professional services necessary to complete Phase Ill Final Design documents for the full 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. --·---·-• 1-----.:,..--, •. :11 ~---~•••-A-~---:-♦-♦ --;_,,..._,;_,.., ♦PA n'\ lBJ r-c:1yn1t1rll 1ur ::.er v,u~:, vv111 "'"' 111aua u..,..,,. , c,..,c,,..,, ..,, a11 '""""'"""' .. ,..., , 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 ■ooner 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-negotiat,: the contract's five month payment cycle. This may inelude approval for only partial payments baseci on actuai wori< performeci io aaie~ The fiiiai piyniiriit wiii t;a iii.-d~ only after the state has signed off on the completed final design documents. (c) Invoices are to be submitted to the contract Administrator as outlined above. The filial invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. 1 of 5 ·.. . 01 0-"71 c:::_r,:,.c 0 A ..J.J,,...J (.J,,....J t..lUU.., ~~CDE&NR / PL'RQ-J.AS I NG F'AGE CS CONTRACT NO. N9008 {d) Amended or corrected invoices must be received by the Offic~ i:,f ••--,-,.,.. • .,.., __ 11,_ ...... a&-!--: .... ---·"--_,....,. .... i,....,. --~ _, • ..._,.. .-..-.-"'♦ro~+ nar-inri lf'\\1ni,...cc: ror-oiucrl mnl"A tne \..,Ur111011e1 wtun,, :i.lA.. ,,,u,,u,:. o,,..,, u,a cu,""' v, "'''"' vv,u, ... -, ,.,-·•--· .. ,..,_, ___ ·---··--···-·- than six months after the end of the contract period will be returned withou-t action. 3. The CONTRACTOR represents that he has, or will secure at his own expense, alt personnel required in performing the serviees under this agreement. Such perionnel shall not be employees of the DEPARTMENT. 4. The CONTRACTOR shall not substitute key personnel assigned to the performance of this contract without prior approval by the Contract Administrator. The following Individual ls designated key personnel for purposes of this contract: Steve Detwiler. 5. None of the work to be performed under this contract which involves the specla!ized skill or expertise of the CONTRACTOR or his employee, ,h~H be subcontracted ···••L -.. ~ .... -=-----··~·-· -l•L-r, __ , __ .....;. A-J_...: ... ; ... ,,.. .... _ .. '" ""6 A\IAnf iha rnt,lT0t..rT/i= wnnuu1 fJl ,u, 1::::1.J,Jf.JI UVISI ..,, u Its '-'\.II ILi CIVl l""'\WI I Ill IUlt\l QU,11 . .. • LI IW .., ...... n .. , ·-...,"""", ••• ...,. -,v • -... subcontracts for any or all of the services or activities covered by this contract: (a) the CONTRACTOR is not relieved of any cf the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such : .. ,,.. .. ..., .. +:,.. ............ ,: .... ,., ♦ho ('f"lf\lTRl.r.Tfi~ tn rnmnh, with th?.C:A ~t;::mrfarn~ ~nd· {c) the 1111'-'IIIIQU\Jl l a.a IV.,,._,.,.,. 111,1,---•• • •"" ,_ • -•., •---•••r-•1 •••••• •.. .,: __ -•-··--• __ ._, -··••·; \ ., .. subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. S. The services of the CONTRACTOR are to commence on the 10th day of · May, 1999, and sha!! be undertar.en and completed in such sequence B5 to assure their expeditiol!s 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 31st day of January, 2666. 7. The CONTRACTOR shall assure that no person, solely on the grounds of race color, age, reiigion, sex or nationai origin, be excluded from participation in, be der1iid the bener;ts of, or be subject to discrimtnat!on under an}' program or activity covered by th!s agreemerii:. 8. The CONTRACTOR shall assure that no otherwise qualified handicapped lndlvlduai, solely by reason of his/her hZU'1dlcap , be excluded from pl!lrticipeuon In, be denied the benefits of: 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 in::!lvlduats v.1th disabilities in State and local government services and public accommodations. The CONTRACTOR certifies that it and its principals and !~bcontrsctors wi!! c~mp!y wlth r~Qu!~t!ons !!1 ADA. Tl!I~ ! {Ernp19yrnerit); Title 11 {Public Services), and Title Ill (Public Accommodations) in fulfllllng the obligations under this agreement. 10. !f, through any cause, the CONTRACTOR $hall fall to fulfill in timelv and -----• -----.-4L..--kl:--•!...,,_,..' •-..J-, .~: .. _,.. f t• -.--t--• ,~r ,~ • "fL • L fJI UJJC:1 111~1 II ICI U IC VUll~C\\ltt.111.:1 '-'' IYCU 1,1 11.;3 ca--:-!~~e~,t ,~e !...:!::.~,-,~ ! !~•=•~ ! =~e!: .. ~ere ~~C!~ ~::!~~ the right to terminate this contract by giving written notice to the CONTRACTOR of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished document.s, data. studies, surveys, drswings, maps, model$, 2 of 5 CONTRACT NO. NSOOB photographs, and reports prepared by the CONTRACTOR shall, at the option of the DEPARTMENT, become its property, and the CONTRACTOR shali be entitied to receive just and equitable compenaation for any ■atiafactory work completed on auch doc-umants and other materia:s. The CONTRACTOR shall not be relieved of liab ility to the DEPARTMENT for • • • I I ,1 • ....._~P"\ A-~• ........ I_, ..• :.-. ---1 --·. L----L -6 .&L :-________ ,. ---' .&1..-aamages sustatneo oy 1ne UCl""I"'.~ I IVIC:1'11 I uy VII \Utl UJ l:il 'Y UI tli:il,;11 UI \111:S 1:1w1 ""' lltfl IL , l:ll lU ll n, 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!! fln!shed 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 ioiai compensation as ii,e services aciuaiiy periormecl i:>ei'!r io ine ioiei services of fr1e 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 wt,ere c:omper.sation ts based on each run day or • . . .. ,. -·---_, ·-----··------~ -r -... ------":---·-··:-.. -1 .. __ ..... _ Tl--,...,.... .. ,Tt"'lA,...T"n -L..-11 services perrormeu, •~:...:. fJl::tYlllt:11 II u, l,;UI I lfJtfl 1::.1:tllUI I f-11 ... v 11,11.1~1)' I 11a1,1,;,, I , , .. ....,....,, ... I '"""'""' I '-'" .. , l<:111 repay to the DEPARTMENT any compensation he has received which is in excess of the payment to which he is entitled herein 12. The parties to 1hl• contract ■ gr•• 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. 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 att.st6d to by the CONTRACTOR r.~,..,.., ,-f~ .... er a"~ """e ""th•r -,.,+1-,.-.~;-.;,..,.. r,ffi,.. ... .-r,f tho r"'r"'II\ITl:>Al"'Tf"\I:> Tt,·IS arrn,,ntin,, m ,,ct h• 11,.)'-"'il VIII\.. I • •u v• • V 'u; .. 1 CIUU IV I iLll 1~ 1-'lllliw' ... I lilw'I \I .... '-'~ 1 ,a , 1 'V ,~ 1 ___,. ,_. 1.. ...'"""-"""""' IUI •tt II'""""'" WV 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 • • • • • •11 .. ••· .. -•--•'-... 1----' 1-----•-----•.:&. .. ., '-•• 6&.-,.,..,_,_ A ,,.J:•--!-statements m accorcance wnn Ult, :nt111ut11 u.:s ia11u 1u11111:tL:s I-'' .,:s\i11uou uy 1110 ou:uo "'"'·m,.,, ", Memorandum NGO-2 "Grantee Audit Reports." If the CONTRACTOR receives $300,000 or more in FEDERAL awards 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 Budgeh Circuiar A-i33 "Audits of States, Locel Government and Non-Profit Organizations." If the above amounts are noi mei by one singie funding agency, oui rainer any combinaiion oi funding agencie~, ineri iiie 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 er within the period specified by the applicable or .. m Circular or Memorandum. 14. The DEPARTMENT m~i. from time to time, request changes in the scope of tile services of tne CONTRACTOR to be periormec:i uncier this agreemeni. 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 07 ,v,11.iTCi t. f"T ll.ir1 ~iui'\1iw """'',. 1 '"""'"'-' 1 ,~,.,. ••vvvv ccmpenaation, whioh •re mutually ■greed upon by ■nd between the CONTRACTOR ■nd the DEPARTMENT, shall be incorporated in written amendments to this contract. 15. Any information, data , instruments. documents studies or reports given to or prepared or assembled by the CONTRACTOR under this agreement may De pubiisneci by 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 datarminas 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 by the E>EPARTrviEi\iT. 10. The CONTRACTOR eh•II enaur■ that ■II publioations produced •• a result cf this contract are printed double-sided on recycled paper. 17. The fiiin9 of a petition in bankruptcy or insolvency by or :against the 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 situs :.md forum, .h.11 be W.ake county, Nonh Carolina, and in satd county and State shall all ,. . .. , ..... •·~"·--• -·•·--__ ,_ .. : ___ ,_ ""--___ ,:,_: .... ----·-••--'!--:_ ... ____ ._,._ matters, wnetner sounc1ng m cornrc1ct QI ,u11 1 tm,umy 1u 111ts v1:1mmy, wv11;,11 "'"""'-'"• 111,t:rq.11 au:uiuii and enforcement of this agreement, be determined. 21. 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 aii recorcis reiaiing io this contract and allow employees or agents of the DEPARTMENT to Inspect such recorc:ts during the period of time set out 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 111 6 .,.~, •ran"'DC!-~f"'~ f"' . .-."~•n 1,...inn Crnnn:::amc o,,:,r.,., HI U::t)CY I JV'' vv• ....... ,-:,::v-, I •• xr• ,. .. rx· 24. Michael Kelly is designated as the Contract Administrator (project coordinator) for the State. However. any changes in the scope of the contract which wiii 4 of 5 919-715-0684 NCDE&NR/PURCHASING PAGE €:18 CONTRACT NO. N900e increase or decrea!e 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 pariies, the day and year first above written. CONTRACTOR By~ / C~tractor's Signature Rfnald J. Bacskai Typed Name NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES }vvayne McDevitt, Secretary OlRECTOR 0 . Df'J.a:PURC~EANDSERVICES ~/~,)._ 0 . t~ President/Chief Executiv~ Officet Department Head's Signature or Authorized Agent WITNESS: WITNESS: x p.,,. IJ. -r ~ ...,,<.J • .LJ/½, ...,,.-1/", Signature Approved as to Fam,: Attorney General of North Car'0iiM DUPLICATE ORIGINAL 5 of 5 03 /01 /2000 11:15 919-715-0684 NCDESNR /PLRCHASING PAGE 09 SCOPE OF WORK WARREN COUNTY PCB LANDFILL DETOXIFICATION DESIGN ATTACHMENT A INTRODUCTION In lAe,. ... 1-. '1000 C:Tn i:::-.. :r-----•-1 1--,~..,..,..., -· _,_ __ , .. _-' .-·---"·--'. . ' • ' t "' ... , ... ,..,,, • .., ... ..,, .......... I-IIVIIUIIIIIC:::111.QI, 1111.,. \~I~, ::iUUIIIIU~U i:l p1t,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 "Notice of Non-Compliance" issued by the EPA for the facility. as well as meeting the r-nmmitmAn♦ m~l'lo h" +he c::+,.+.-. +,.. ..l,...+,...,;.r,, t&,,. .... , __ ,.ua, ... Lo.--.. ___ L--=~-11• • 1 • • ·• ' -10 n' e'ip __ ....... _ ,._ ..... , ......... ..,, 1 , ..... ...,,.,.,o • .., ~"''"""'" 1 L110 ,e111u1111 vv11ic,11 Lt:n,;11111vt:111y reas101e. meet the aggreeaive design schedule in an efficient manner, ETG has teamed with BFA 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 utili2ation of BCD for the landfill detoxification into law end has specified the appropriate treatment standards required for the detoxification of the landfill. Th~ n11mnC!~ r.f+h:e-r:""'...,,",r,..-.♦ ;,._ +r-'"'''•:;_"" •L..--------..1 -----:-•-•' · · •• ·-,-.--,-.----....... u..a .............. ,I'""',."'' '"' \.IULIII IC u IC' ::,1.,ul-'C' tll JU tl:S:SUljli;ll~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 ProposBls (RFPs) can be issued for a!! or substantial componants of tl,is n r"io, ..... + Th;C"'C"f'V'\P"\O~lrn:nl"'i1,rf"""'"'-,..-··-·------'-~----:-.. -.. • * t "" ,... -J~-·-............. ..,tJ ... u,~v ................ :.-, u ,c: uc:v,i::1vt.J111c1 n u, v1:::111out; pro1ec1 p1ans necessary Tor proper execution of the anticipated project activities . If the activities deemed necessary to fulfill the goal cf detoxification increase 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 Februgry 4, 1999 ma~ting with State and the approved concept for design outlined in the March, 1998 Phase II Preliminary Design Report. · Task 1 1.1 Project Definition, Planning and Scoping Project Initiation FTC,/RFA will m;:::,,;:::,,t \Mith lc01, r~t"\fOc-on♦-:i+i11c.<" ,..,s +h .... C'+ .... , .... _ r,;, ·=-=---L \ 11 ,_ -· --· -·-· ..••••••.• ..,;,_., ••••• , "'-1 --t"''"""'...,"""'••1.c..1.,"'-'.., v1 u,c \.»Le&L1:t) u,v1:::,1u11 u, vvc:t::»te 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 ti.-vo meet!ngs with the State will be required to accomplisr, this task. 1 03/01 /2000 11:15 919-715-0684 NCDE&NR/PL.RCHASING PAGE 10 ATTACHMEN1 A. 1.2 SCO!)P. Deve!oornent Teek 2 · 2.1 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 meetings with the State or as previously outlined in the preliminary design report. The detox:f:t;$tk;n c;f the:: PG8 l~:--.c;m l 1s :3 unlque project: hcwever, the~e ~~* numerous Standard Operating Procedures (SOPs), which c;an 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 least resistance. Pertinent Data Collection, Analysl!! 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/8FA team wili have access to a complete copy of tr;e State's file on tl'l is fa c::1ty. Under tr1is subtssk these files will be i"f!v1~w~u 16 1ueniify issues inai mign~ anect tne ciesign of tne detoxification. This review wlll determine the degree cf the survey required to complete the final design (Section 3.1 ) 2.2 App!lcao!e SOPs. Ru!es and Requ!ations Task 3 General Implementation of the proposed fine! de~ign ect!v!tles at the !andfill \Nil! necessitate review and analysis of local , state, and federal guidelines. Under this task. the ETG/BFA team wi ll work closely with officials to identify the rules _.. I .... ' • I .,. I • • -• • • • • • •• • • i:ir,u 1c:Qi.i1iui6iis wrncn w111 govern aetoxmcat1on activities. 1n particular, we will work hand-in-hand with the State's Project Manager during thi& tiask. The jurisdictional applicability of Superfund, RCR.A, TSCA and State's VVaste Management rules will be thoroughly investigated under this task. Additionaily, North Carolina Department of Transportation design criteria will be reviewed to .....a-•-•-!--___ ,; __ &...;1: •• , "--.&.1-_ •• ·•-.••• • .I • • • • . u•:ni:,111111 1c ca1-11-111\.,c:1u11ny LU u 1c:: pr upu:.;ea pro1ec1 _ roacway_ improvements. Detoxification and Process Design The design taeks outlined below assume theit no new Information wil! be obtained concerning the final design requiri;ments. If the ;mpiementation of Task 2 above identifies new design criteria not discussed in t_his sccpe it will be amended accordingly. The design process assumes that monthiy progress meetings will be held bet\veen the Design ,Team and the State. These meeting~ w ill b~ held to emiure efficient project execution . .., ,:;. 03/01/2000 11:15 919-715-0584 NCDE&NR /PURCHASING 1-'A(;;i:. 11 3.1 ATTACHMENT A Site and Area Survey A detailed survey will be prepared for the site. The limits of the survey wiii be determined with state 3ppmval. Undeitt".ls task, the ETG,'BFA team wm piOVlde to the State a scope of wori< tnai can be usec io issue a confraci for 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 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 ~rlrlitinn~! tF.~t inn ivi!! h~ ;n~nt!fied and the ETG/BF A team '.·.11!! orov!de the State ---•-•-•--•~---•·.;,,•••··•--•--··•••-•·•• • • I with a scope of work that can be used to issue a contract for the compaction tests. The ETG/BFA team \'✓ii! a!so he!p Identify local f!rms that can meet the requirements. Suitable compaction tests will be performed associated with final grade and fill placement. Additional geotechnical surveys within the boundaries nf thP I ;;r.rlft!1 ~rP. nnt ~ntir.in~t~n tn hF. rF.n1 :irP.rl -· ···----·-···· -·-··---····-·r--·"'-------,-··--·· Site Layout and Logistics The ETG/BFA team w ill work to ensure that the final design incorporates a faciiity iayout, which maximizes efficiency during aii phases of ihe projeci. Of particular concern is the flow of site activities during the various phases of excavation and backfi!ling . The strategic location and sizing of contamination reduction zones, support areas, treatment areas, decontamination facilities, and S ..... iTll .. , ... t ..... man,.,.,.,,,,,,,., ....... 'ac1·"•1· .... " .. ,;11 "11 be det"rmjn"d U"'de .. th1·s t"S1' TL, .... LUi i 1vva C l II lc:1!:,CIIIClll I lilt:-> VVI I CIII C I IC II I I c:1 I'\. l it:: siie iayoui wiii aiso be designeci to accommodaie ihe proposed finai use of fr1e faclllty. Future land use will be determined by the community and this information w ill be provided to the ETG/BFA team. 3.3.1 3.3.2 Fnr1inmr=:nt ArA;:;s -,-··,-··· -··• ... --·- Detoxification equipment areas will be designed to ensure efficient imolementation of the BCD orocess. as indicated in the Phase II . ' . report. It is anticipated that areas will range from unpaved to paved, coverea 10 uncoverec . It IS assumeci tnat tne areas icientineci in tne Phase II report will form the basis of the final design plans and spec!ficatlon The flow of material has been generally discussed In the Phase II document. Under this task a detailed design of the followina areas will be defined: 1) PCB contaminated soil, 2) contaminated ... debris, 3) treated soil , and 4) clean soil. 03/01/2000 11:15 919-715-0684 NCDE&NR/PURCHASING PAGE 12 3.4 A TT AC HM ENT A Design of soil management procedures will also mIrnm1ze dust formation and migration. Because wind blown deposition of dust particles represents the most significant source of potential off-site mir,..-.... +;,...r, of Cr"'Oc;: the crr-::.1BFA team w:11 '"'Ork Cf'"'c.:"'" •• ,, • .._ ........ IH1c::,n,.J 1; •: , vu-, Lti,,,., ~ U: 1 1 u wv "-1-...,.,, w.-11.,i ~ii~ State to e!lsure the !ate!::t, most applicable safeguards are in place. 3.3.3 Building. Structures. Parking and Personnel Support Areas The facility design wm include temporary construction trailers located as shown in the Phase 11 report. Under this -task ETG/BFA will work r-lnc:ch, \A1i+h +he ~+::a♦c :on~ r-nmm, ,ni+v l'Al"ll'i=>l!i:cn+::.+i"cc: Th.r:a. f, ,+, ,,....., -•---•, •••1o1 1 "''""" --.--.-_,.,,_ W-••••••-••••J •-,-,•---••,~•••._...,. Ill._. ,._.,"'41W use of the facility including any permanent building(s} will be incorporated into the community's reuse plan for the property after detoxification. A nr::n1PI n::1rk inn ::1rP:::\ wiii hP nmvirlPrl nP::1r thP n~t~rl ~ntr~n,-.i::. tn th.r::. • ·;;,·-·-· r-······:;, -·--····· --r ·-··---··--· •··-o-•---••••-••--... _ ..,,,_ facility. It will be adjacent to the construction trailers and designed to remain in use after detoxification. ':I -:i A r,.,,.,1,t,,..,.,,,·,.,r.:,fi,·,,.., O,::,ri, ,,..,;,...,,..., 7 f"\MC~ "'-,/,...,.-r ""'"-'11&.C..,lll #I ILolUVI I I \\JVYWll VII '--\JI I\JtJ 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 fi ns! system design is anticipated to bQ similar to that proposed in the Phase II document. Infrastructure Improvements 3.4.1 Eiectricai The site currently contains elect~ical service, which is not sufficient to meet the detoxification facil ity demand of the proposed detoxification equipment. The ETG/BFA team will work clo$e!y with ::.n ;::.f;::.,,trir:::.1 r,-,n.-:::11it::mt t,-, ,=.n~1 ire. tho finoi rk.~i,1n rl,:,~r:" rlc+:=a;lc: f hc -• 0 -•--•• •--• --• •--••-• ,., ,_ -• •--•..., ,, ,_ •11 •-• ---•::::,• I W I _..,.,,, ""6~ .. ._.,,_ ~1 1'-- detoxification power requirements. 3.4.2 Access and Perimeter Road Improvements Tl1e final design plans and spscificaticns will include read improvemenis necessary to upgrade existing roads 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 will incoroorate tt1s necessnr\/ :oca: And ~tntc=: ~tnnri;:;;rci~ P~rti~n:~r • . .... ····J .. -···•· -·-·-----··--·---· . -···--·-· attention will be paid to proper drainage and stormwater mansgemer:t. t. 03/01/2000 11:15 919-715-0684 NCDE&NR/PURCHASING PAGE 13 3.5 3.6 ATTACHMENT A 3.4.3 V✓ater The ETG/BFA team w!I! s!ze end design a water transmission ma!n necessary to extend water services to the PCB Landfill. The transmission main will run along the site access road from State Road i604. Sufficient detaii wiii be provided such that a RFF' can be Issued. Stormwater Management . i5.7 -· . c..;1ean ::stormwater Site drainage will be designed to isolate clean stormwater from construction imoacted stormwater. A series of swales. culverts and . ' berms along tne 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 lr.mdfill. The ETG/BFA teem will identify eny ~peel!! 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. 3.5.2 Construction Water /1.-------••·-1:---J ;_ ,1.L,.._ r-"\L.---II ..J--••---.£. ••--r,, __ , _, __ :_._. 111 ,-..-::,, wu111,.;1::q.1\UtslJLt:;:U 111 \: It::;: r11t:1:::)t::;: II UU~Ulllt:::lll, LIit:: lllli;SI (J~~19r1 Will convey impacted stormwater to a water treatment area consisting primariiy of activated carbon. Other design alternatives wi!! be r:nn~idAr~rl rl~ ::··inn th~ f:r.~! rlA~itir. r'ir,-;r..:.;:;=. Th~ tr-,c.trr,ont ~ffi,--i.:.n,-.. " --··-·--·----····o ..... _ ····-· ---·:::,·• r-·-----· ···-•·--••••-•• .. -•••-•-••-1 of each option wili be evaluated and the best alternative selected. Excavation Process Desion 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 finaf design documents. It is anticipated that design details wlll be Aenerated for approximatelv ten (10) distinct chases of the excavation process. This process wil.l detail all critical components of detoxification. C 03/01/2000 11:15 919-715-0684 NCDE&t-lR/PURCHASit~G PAGE 14 ATTACHMENT A 3.7 PCB Soil Treatment and Process Desian Under this task ETG will provide equipment performance requirements for the B,..,D tr"r._,.,,,/'".,., ... pr---~~ 1,..,.. .... -.-l "---H---~:, "'O '"'"' +.-c,..+en ann +i-.e pro I "'"'"'H'!! \., ,:;:c:IL1dc:1il u-.i:::;::.:::, uo;::.c:u U~UII LIIC :)UII l UI:: u,:;:CI\ U IU lll . vu L..ClllU IIII treatment stanoards. A c:ietaiieci summary oi Phases i ano ii wiii oe proviciea . 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 eauioment inc!udina material handlina. Eauior'nent reaulrements will be -., ... , ' --. specified for the following : • Material handling and preparation • Batch vgcuu'm system (Solid Phase BCD) • Continuous svstem (So!id Phase BCD) • Liquid Phase BCD treatment • Process wastewater treatment 3.8 ConfirmationNerification Sampling 3.9 3. 8. 1 Inflow end 0<Jtflow In concert with the State. the ETG/BFA team will design a sampling and testing program sufficient to verify the vertical limits cf excavation and mat the residual concentration of PCBs/dioxins of •~-•~,-.~+-,.J ...,....,_..,+-~;-.1 :"' 1-."'i"'" +h,... c.rf,.,"°'iiCthcrl 'trc.~'f"mcn'f c-'r":M~-:.r,..;c li,I IC LICCILCU 1a,c:a1,.c,101 ,o tJ01VYW UtO v ..... .., ..... ,_.~ .. ,-...c.. ... ,,."-''I. ..... c..1,,-... .... , ..... __ EPA and state protocol will be adhered to in establishing the appropriate grid int"'rv~ls for verification sampiir,g. Backfilling and Final Grading 3.9. 1 Loqistics and Testina ... ~ D' , .. ;..,,., ,-j,..+,._v;.;;,.. ... +;,.,,., trea♦en S";'s ,uill kc ba,...kf:llerl ... nrl ,...,.,,.,.,,..,:,,-.;orl UI ll I~ UCI.UAUl'--'OLIVI 11 U , V '-'•1 WV IU L.1~ V ~ 1,1 y U1 1\.A \J\JI 1 't-'"-""-'~'°''-" in an incremental fashion. The design team will ensure that h~,._1,4=;11;,..,.. ,.. .. ..,. .. ~+;,._,.,c-.,,~..,. ""hS:!le~.-l 011,-h tho+ it ,uili nnf ,-,-.nfii,-.-i-\#,,ith ""'C,"""'f'IIIIII I~ '-'t-'"'"'' M'-1'-"I 1-.,a C,,11"""' ...,, l~W'-''°' """"""-"' I , ....... t tt, ••11• 1 ,_., --• 111•-• •• •••, excavation and PCB soil treatment operations. Backfilled soil will be tested fo r compaction after each lift, and water will be added from the stormwater a:-ea 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 /PURC'-HASING PAGE 15 A TT AC HM ENT A 4.1 Community Reuse Piao Meetings 4.2 Task 5 Representative5 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. Regulatory Coord!nation The de8ign tl3am 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 ~oeil"tT'\ +com IAlill no\1olnr"l ::inn \AtritP thP frillriwinn wnrk nlAni:. ;:1nci rP.nnrts in ~r.r.ordance '''"" '-""'--'""•::,•• .,,.....,.,,, ••·•· --•-•-r--·•-...... _ ···-·-··-.. ····.:, ··-··· 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. Representative5 from Warren County will also be consu!ted during preparation of the community involvement ... , ...... ..,,c:,11. 5.1 5.2 5.3 5.5 5.6 5.7 5.8 5.9 5.10 Detoxification Des ign Work Piao and Schedule Community Involvement P!an Project Health and Safety Plan Performance Demonstration P!an Air Mrinitminn Pl~n ' tit ,, • , ....... •=·. Site Operations Piao Quality Assurance Project Plan Finai VerificationiQQnfirmation Sampiinsa Pian Construction QlJa.lity Assurance Proiect Plan Emeroancv Resoonse P!~n -, ' 5.11 . 5.'12 Ta!lk e r ,...\,,AL,_ .,L I_I ATTACHMENT P.. Final Design Report A report summarizing ine design aci1viiies pt=ITOiffit?d du,ing th~ impiGiiiGiitat;c,,, of tasks 1 through 4 above wil!be developed and submitted to the State et 60%, 90% and 100% completion 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 specifications (and one full size set) to the State at the 100% completion level. At the time of the 60%, 90% and 100% submittals, a meeting will be held with the State _.,.,_ ......... ;.,.. f"'ln +;.. •..... ;Q nf th• ra\li.\At r.1"'11"1"\n'\AntA F1nri mAAtinoR All itAmA ,o,..,1vq1:;1,,~c...~••.....,....,, ,_..,, ,,,_ ---•--· ••·-•-··-··, --······-···-, -··-···---·· .0 ~, -··· ---···- 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 pf the final drawings and specifications. Permitting Assistance 1 he design team wiii prepare aocumef1b, u~:siyf1 G&icuiath:;r,&, 1111:2µ::., Gicivv;iig5 , specifications and applications that are requ !red to obtain the approva! of agencies having jurisdiction over the project and to assist in securing permits required for construction of selected project componente. It is snticipated that permits will be obtained for those components of the project which might be co::structed during this contract. They include but are not limited to initial site prep2ration a:-id dra in age lmprovements . Treatment related •• I • ,f ..• 1--1 ... :J.1_:_J,t_:_ ------·•••-,_i,.. permits are not lnCIUOl;lU WILi 1111 LI 11::i ::i~Vf-1~ UI vvu, I\. 03/01/2000 11:15 919-715-0684 NCDE&~~R I PURCHASING PAGE 17, ---· ·--··----·-·· ___ ,,,. ....... -~~ ...... ~ ... ,....,... ...... ,. ASSUHAN(.il::S -NUN \,;UN::; I nu.,; I IUN r-nv~n~IYI.) The CONTRACTOR certifies that with reg1'rd to: 1. DEBARMENT AND SUSPENS)ON -To the best of its knowledge end belief that it and its principals: 2 . (a) are -not presently debarred, suspended, proposed for deborment, declared ineligible, or voluntarily excluded from covered trensections by any Federal Department or agency; (bl have not within a 3-year period preceding this proposal been convicted of or had a civi! Judgment rendered egainst them for commiHion of fraud or II criminel offense in connection with obtaining, attempting to obtain, or performing e public (Federal, State, or !oca!) transaction r,r comrn~1 under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of reeordi5, m~king felse stetement,, or receiving atolen property; (cl are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federel, State1 or locBll with commission of any of the offenses enumerated in n:ar11nr111nh /~, lh\ n-f tnic. 1":A(tifll':;.Tiri i"i' Rr.rl .--·-·•-,-.•· ,., ,-, -· -···---·····--.. --··, -··- (d) have not within e 3-year period preceding this application/proposel hed one or more public transactions {Federai, State, or locei) terminated for cause of def a ult. LOBBYING -To the best of his or her knowledge and belief, that: (■) no Federal appropriated funds have been paid er will be paid, by or on behalf of the undersigned, to any person for influencing or enempting to influence an officer or emp loyee of eny rigency, e Member of Congress, en officer or employee of Congress, or an employee of a Member of Congress in connection with the ewerding of any Federal contract, the making of any Federal grant, the making of ,my Federal loan, the entering into cf any cooperative egreement, end the extension, contlnu,nlon, reni:wel, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (b) if any funds other than Federal appropriated funds have been peid 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 Federel contrect, grant, loan, or cooperative egreement, the undersigned shell complet~ tind submit Standard Form·LLL, •Disclosure Form to Report I l"lhhvinn" in .:::i~r.nrri.:::inr.t!: with it~ instruntions. ----,···· ... ----·--··--···-·· ··-.................. . 1 of 2 03/01/2000 11:15 919-715-0584 NCDE&NR/PURCHASING PAGE 18 AND. 4. 6. PBUG-E85E WORKPLACE BEOUIBEMENTS -It wil: comply by: (a) publishing a stetement notifying employees thet the unlawful manufacture, distribution, dispensing, possession or use of a ccntroiled substance is prohibited in the grantee's workplace and specifying the actions that wl!! be taken against employees for vio!aticn of .• t. ---t...:L :•~--• sucn µrur11u,~1v11, (bl Htebll;hing a drug-fre. ilW.iraneu J;lrogram to ir.for:-:i .m;:.Joyees ebout - (1 J the dangers of drug ebuse in the workplace; (2) the grantee's policy of maintaining a drug-free workplace; i3i eny evaiiacie drug coun5eiing, renaciiiiat16i"1, i11u ilfijjiuyat:i a:i.iiS:i'tai"rCi= pivijiaiii5; and (4) the penalties that may be imposed upon employees for drug abuse vioiations occurring in the workplace; (c) -making it a requirement that each employee to be engaged 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) ebide by the terms of the statement; end {2) notify the employer of any criminai d,ug statute conviction for a violation occurring in the workplace no later than f ive days after such conviction; Ir:-\ nntifvinN thA ;ioAncv within hm d21vs 11fter receivinc notice under subcaracraoh idl (21 ,-. ··--··,···111,1··•--..,-·-1 , -. - . abo"•• from an employee or otherwise receiving actual nctice cf s.uch ccnviction; (fl taking one of the following actions within ~O deys of receiving notice under subparagraph (dl (2) above, with respect to any employee who is so convicted - ( 1) taking appropriate personnel action egeinst such en employee, up to and including termination; or (2) requirir.g such ernp!ovee to psrtic!pate sstisfactor!~y in a drug .abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or loceil health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain !I drug•free workpl21ce through implementetion of paragraph$ (a), (bl, (c). (d), (e), and (fl, 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. Will t'nmnlv. ::i~ ;innlir.::ihlA. with thr. nrnviJ:inn~ nf thA n111viJ:-R1tr.nn Ar.t. th11 r.nnAl:iinrl A~t and the c·~~t;;~t W~rk H~C~~-end ·s~f e·tv-·sta'"nd~rd~-·A-ct ~~g-~rdl~g-labo~ s"ta~d~rci~ -for -fede~ally ·as;si~t~d- construction subegreements. Will comply with all applicab!e requirements of all other federal laws,· executive orders, regulations ---' __ ,:_: __ --··---=--.a...: ... -·--·--auu ..,Uln..,n::.::, ldVVWl41Ul=f "'"°' .., . ...,t::,•a11,. 2 of 2 NORTH CAROLINA DEPARTMENT OF El"" .. fv!RONMENT AND NATURAL RESOlJRC!::S ----- ---· •--• • • --• ••-r---,r•--~ PIVISION Of' r-Ul"t<.'"A::u,. AN,._,"""'"""'~-~ AMENDMENT NO. 1 ~ -o , 7 1)?lt·,ll').'":t5 !WJ . r t.o -.,-• . • ..... z..· . -~ - A.MENDiViENT 10 CONTRACT f\lUMBER i-J9008 """""r--r, ~ /~r-"1' I Kt-1 vvrr1\l --... ---- EiG ENVIRONMENTAL AND THE NORTH CAROLINA DEPARTMENT OF ENV!RONMENT ,A.ND NATURAL RESOURCES Pursuant to paragraph 14 of Contract Number N9008, the Department of Environment and Natural Resources and the Contractor mutua!!y agree to change the contract ending date from January 31, 2000 to n "--•-L. ., "') 'lf"lf"I(\ ~'!!!:!!~!! ~ ~: £.UV'-1. !t is the intent of this amendment to address the provision(s) noted onlv, and !n no vvay should thi8 rm1endment be construed to further modify this contract. Please indicate acceptance by your signature below. . . ;; "°"'..--,rr---.,;c,,r;• r-"\.t-,'t,Jl\,.JV.._,'--4. ET~ Environmental Return one {1 l duplicate original to: Purchase & Contract Section, ut:i~R Division 01 rui·0!1ti~e aiiG $.;~;;;,::~;, ; 505 ~!.~:! S:::~~:~~ Ce:-:!e~. Raleigh, NC 27699-1605. cc: Brnnda Rivers/Pat Backus, Waste Management DUP_LiCATE ORiGlf'JAL ~.0 . BOX Z7t1i87~ Rl'iL.B;IC.H_, NC 2761 t-7897 f !?12 NoftTH SALISBVRY $TRF.ET, RAJ.arc."', NC z"1e04 PHONC B 1 9•7:33-074(1; FAX gr 9 ... 7,: 6-06B4 www.etvlr.etate.nc.u:5/E:HNR AN l!QIJAL QppCRTL!NITY / AFFIRMATIVE ... CTION EMl"!.OYER -!;Oo/o R"C:YcUelJ/1 o '/{, l"O!JT-CON!3UMER P"P""- } j -•j,,_ - ~~1' .u,-DENR t~J~~ "->•> • ;. f fiiit::rt::,/, . i)t JAMES 8 . HUNT JR:,',,. ,:, GoVERNOR · ........... ,. ., • -~ ,.':,_,t:;;c_-~ • . .'. ' ,. . . . ~~ .. -v· T, • ~•;" ,, " , .. . -.-::;-,....;,. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT April 12, 1999 IvfEMOR.A.NDUM TO: FROM: SUBJECT Michael Bryant \Jc;S;;J Mike Kell y, Deputy Director \J~~~ CONTRACT WITH ETG FOR THE PHAS-~ DRAWINGS FOR DETOXIFICATION OF THE PCB L..\;"\'DFILL I:'\ \\'ARRE~ COUNTY USING BCD TEC-r?\OLOG\' . .\ttached is the Scope of Work and DENR forms 25 00 & 2482. Please issue a contract to ETG Em·ironmental , West Chester, PA for completion of the Phase III Final Drav.,ings for detoxification of the PCB landfill in Warren County. The price is S525.5 50 i will be the contract admini st rator Ti1e contract should run from April 15, 199Q until January .31 , 2000. We anticipate rne work to be completed within 5 to 6 months. however, \\·ould like to allow some extra room in case there are problems that arise as we go through this process. lV1s. Pat Backus, DWM project manager for this project, will work closely with ETG throughout the entire process. I v-1ill 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 yo u for your help on this project. I will be out of the office on Tuesday anci 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 yo ur convenience. 401 OBERLIN ROAD, SUITE I 50, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 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 30 days after commencement of work, in equal amounts of$105,l 10.00, 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. FO~,ASSIS1'ANCE • SEE INSTRUCTIONS ON BACK N.C. Department of Environment and Natural Resources Division of Purchase and Services AGREE:MENT INFORMATION Contract System No. Contract No. Purchase Order No. Vendor Number 1. PARTIES TO THIS AGREEMENT: ~ B Dhision Contractor Waste Mana einent ..... . .. -·~~~-~--F.T~ F.md """~ "1 Section I.R.S. Number or Social Security Number Check if Applicable Pvt/Non-Profit - 23-2595476 Address (PO Box, Street, City, Stare, Zip) Address (to which checks will be mailed) (Street, PO Box) 401 Oberlin Rd. Ste 150 Ralei h 16 Haeertv Boulevard Contract Administrator TelephoiN<;;~J.605 (City, State, Zip) West Chester. PA 19382-7594 Please check one of the following: 2. D ISION A -African American owned -Woman owned _Handicapped owned _ Hispanic owned _Other minority owned ~one of the above Contractor Contact Person: Telephone Number Steve Detwiler 601-431-9100 DIVISION CO!',TRACT COO RD INA TOR: 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 _!!_1 15 ;99 Ending Date _l_1.ll_100 (CO:\TRACT CA..'\~OT EXCEED 3 YRS .) Mo Day Year Mo Day Ye:ir 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. JUSTIFICATION :. _ ___;P::...;ha=s:::.e::::.......;I:::.......;&:::.......;I=-'I:::.......ah~a~v.!..e~b~e;,,,.en~;,,,.c~omwp,l,!.!,.l!o<.e..1..t!o<.e:...d..,.; _...t.uh.;.f_.uD.i::;f.o.X..i..t_,;;,_s..i..t.i::;e.µp~i ..:iS......l..t.ub.i:::e__,_f.Li .uo.aa.LJ ___ _ design and must be finished to begin detoxification 8. FISCAL INFORMATION: Does this agreement involve disbursement of funds? ~ from DENR to DENR. No Federal State Contractor Other Special Total $ $525,550.00 $ $ $ $525,550.00 SUBHEAD: GL Company / ~ 0 i GL Account 5,3 h q PAYMENT SCHEDULE: DENR 2500 (Revised 1/99) N. C. Department of Environment and Natural Resources Division of Purchase and Services Page __ of _ CONTRACT BUDGET Contract No. Contract System No. _______ _ 15 April 1999 Waste Management Effective Date Division/Section/Program Purchase Order No. ____ _ 31 January 2000 Termination Date For Fiscal Year 99-00 Revision No. Contractor: _E ..... T ..... G ......... E .... n~v ... , .... · r .... a ..... o ..... ro .... e ... o .... r .... a .... J ________ Purpose: Phase 3 Detoxification Plan Total Budget: or Contractor Contact: Steve Detwiler Amendment$ 525,550.00 ----------------- ITE~l DESCRIPTIO~ Provide complete Phase III Final Design documents for the full scale detoxification of the PCB landfill in Warren County usi BCD Technol ogy (MAXDATORY IF FEDERU. FUJ\"DI!\'G) CFDA CODE: (CATALOG OF FEDERAL DOMESTIC ASSISTANCE CODE) . GL GL Account GL Center Company CONTRACTOR A.MOUNT Of Ap Iicab\e) DE1\1R CONTR.\CT AMOUNT $525,550 00 ... faJ,MAA~ Division Budget Officer (Mandatory) OUTLINE WARREN COUNTY PCB LANDFILL FINAL DESIGN -BCD DETOXIFICATION INTRODUCTION Task 1 Task 2 Task 3 1.1 1.2 2.1 2.2 ,., .) . ,., J .) --,., ,., .) . .) 3.4 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 3.5 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 I Verification Sampling 3.8.1 Inflow and Outflow 3. 9 Backfilling and Final Grading 3.9.1 Logistics and Testing Site Reclamation Design 4.1 Community Reuse Plan Meetings 4.2 Regulatory Coordination Project \Vork Plans and Deliverables 5.1 Detoxification Design Work Plan and Schedule ~ ) ),_ Community Invol vement 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. I I 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" issu ed by the EPA fo r the fa cility, 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 go als and objectives of all project stakeholders. Since the submittal of the preliminary design document, the North Carolina legislature has incorporated the utilizati on of BCD for the landfill detoxification into law and has specified the appropriate treatment st anda rds required for the de toxifi cati on of the landfi ll The purpose of this 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 acti vities deemed necessary to fulfill the goal of detoxification increase beyond what is described herein, this scope of work will be amended accordingly. Wnm~n County PCB Landfill 04/08/99 Scope of Work for Final Desis:-i Services State representatives from the Division of Waste Management and representatives of the ETG/BF A 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 l . l Project Initiation ETG/BFA will meet w ith 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. 1.2 Scope Development The ETG/BFA 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. 99-0()} Scope -2- Wanen County PCB Landfill 04/08/99 Scope of Work for Final Design Services Task 2 Pertfnent Data Collection, A~alysis 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 3.1) 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 ofSuperfund, RCRA, TSCA and State's Waste Management rules will be thoroughly investigated under this task. Additionally, North Carolina Department of Transportation design criteria ,:viii 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 -, -_) - Warren County PCB Landfill 04/08/99 Scope of Work for Final Design Services will be held to e~sure efficient project exe~ution. 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 Ge otechnical 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. .., .., .) . .) Site Lavout 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 SCOJ'C -4- Warren Cow1ty PCB Landfill 04/08/99 Scope of Work for Final Design Services 99-00/ 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 wi ll be defin ed: 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, Stmct11res, Parking and Personnel Support A reas 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- Warren County PCB Landfi ll 04/08/99 Scope of Work for Final Design Services 99-001 Scope 3. 3. 4 Contamination Reductio11 Zo11es 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 Improvements 3. 4. I Electrical The sire currently contams electrical service, \vh ich is not sufficient to meet the detoxification facility de mand of the proposed detoxification equipment. The ETG/BF A team wi ll work closely with an electrical consultant to ens ure 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 activiti es. The access road from State Road 1604 to the site will be included in this evaluation. The improvements wi ll 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- W tlffen 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. I 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/BFA 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 Co11stmctio11 Water As conceptualized in the Phase II document, the final design will convey impacted storrnwater 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 Desiim 99-001 Scope 3. 6. J Phasing and Site Management The final design will detail the plan and profile of the landfill during several phases of the -7- 3.7 Warren 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 ( 10) distinct phases of the excavation process. This process will detail all critical components of detoxification. 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 th e design effort to provide en ough detail to interest potential bidders but not limit potential competiti on. More detail can be provid ed on standard subsystems of equipment, including mat eri al handling. Equipment re quirements will be specified for the following: • Materi al handling and preparation • Batch vacuum system (Solid Phase BCD) • Continuous system (Solid Phase BCD) • Liquid Phase BCD treatment • Process wastewater treatm ent 3.8 Confirmation/Verification Sampling In concert with the State, the ETG/BF A team will design a sampling and testing program suffici ent to verify the vertical limits of excavation and that the residual concentration of ')').(}(}/ Scope -8- Warren 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 Communitv Reuse Plan Meetim!s 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. 99-0(}] Scope -9- . ' ... Wm,-en 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 invo lvement plan. 54 5 5 5.6 5.7 5.8 5.9 5.10 5.11 99-0()] Scope Detoxification Design Work Plan and Schedule Cornmunitv In vo lvement Plan Project Health and Safetv Plan Performance Demonstration Plan Ai r Monitoring Plan Site Operations Plan Oualitv Assurance Project Plan Final Verification/Confirmation Sampling Plan Construction Quality Assurance Project Plan Emergency Response Plan Final Design Report -10- Wam~n County PCB Landtill 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 l 00% submittals, a meeting will be held with th e Stat e representatives. On the bas is of the review, comments, and meetings, all items will be ad dres se d and resolved befo re the design tea m proceeds to the next percentage complet ion level. The desirrn team will sub mit ten ( l 0) full-si ze sets of the final drawings and specifi cati ons. Task 6 Permitting Assistance The des ign team \viii prepare documents, design ca lcul ati ons, ma ps, drawings, specifica tions and ap plicati ons that are requi red to obtain th e approval of agencies having jurisdiction over the project and to assist in securing permits required for construction of selected project components. It is anticipated th at permits will be obtained for th ose components of the project whi ch 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. ')9-0()/ Scope -11- NCDE&NR/PURCHASING . ~Di\TE: ·H-_,()Q J\fO . OF P,AGES: ~ ~_Il-JCLUDING THlS PAGE TO: ~c:.. \-iuc.V\\l:, FA.XNUMBER: 11J 5 -3~05 Laird Davis on Dolan Simmons Lynn Lee Kelly Belvin Fon-est Wilson Lany Williams Theresa Butler (919) 715-3880 (919) 715-3877 (919) 715-3869 (919) 715-3867 (919) 715-3873 (919) 715-3875 (919) 715-3885 Michael Bryant Pat Powell 'Traci Rains Jo An.ne Keith KathyDornico Thernsa Watkins Kathy Norris (919) 715-3891 (919) 715-3893 (919) 715-3889 (919) 715-3884 (919) 715-3882 (919) 715-3895 (919) 715-3888 r-;c D:E P ARTJ\1ENT OF ENVIRONIVIENT AND NATURAL RESOURCES DIVISION OF PURCHASE AND SERVICES 1605 MAIL SERVICE CENTER RALEIGH NC 27699-1605 512 N SALISBURY STREET RALEIGH NC 27604 Fax (919) 715-0684 F'A(:iE 01/04 04/D4 ·· ·cio 14: 45 ':ll ':l -71 5-0i:,::::4 NCDE&NR /FlJRCHASING F'A(:iE 02 / 04 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF GENERAL SERVICES LAIRD A. DAVISON , DIRECTOR December 1, 1997 AMENDMENT NO. 1 AMENDMENT TO CONTRACT NUMBER N7022 BETWEEN ETG ENVIRONMENTAL AND THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Pursuant to paragraph eleven of Contract Number N7022, the Departrnent ot Environment and Natural Resources would like to amend said Contract to add Phase II of the Contract's Proposal PCBLF4. The addition of Phase II will incre;_1se the arnount payable under the Contract by $89,020.00. The total arnount payable under the Contract will not exceed TWO HUNDRED FIFTY- FIV E THOUSAND FOUR HUNDRED TWENTY DOLLARS ($255,420.00}. The Department agrees to change the contract ending date frorn Decernber 30, 1997 to March 20, 1998. In additi on , legislation enacted by the North Carolina General Assembly ch:1r1::;ed the Department name to Department of Environrnent and Natural Res ,Y_)rces. It is the intent of this amendrnent. to address provision(s) noted 011ly, and in no way should this amendment be construed to further modify this contract. Please indicate acceptance by your signature below . Appro ved: Laird A. Davison, Return o ne (-1) duplicate original to : Purchase & Contract Section, DENR, PO Box 27687, Raleigh, NC 27611 -7687 . cc: M ike Kelly, W aste Managernent DE t~R Office of the Controller DUPLICATE ORlGlNAl I'. 0 . BOX :nG87, ~,;leigh,_NC Z7&1 l -7B87 / s ·12 North S<1lisbu,y Stro.,t, Aal,eigh, NC 27604 Ph,:m.; 9 1 ':l-73~-.'n41; FAX 979.715-0684 WWW EHNA.STATE NC US/E:HNR/ AN EO.lJAL O?POATl)NffY1A~FIRMATIVE: ACTION f.:MPLO YER . SQ'% RF.CYCLt.Oi10% PQS.T-CON~.lJMER PAPE:>l F'AC3E 03/04 ·9partn1eht of nvironment, ~8alth an.d Nat ral Resources r. ·lslon of Woste Mari ~men t ;c:mes a. Hunt, Jr. Governor , ~: yne Mc Devit t, ecretary ' ·· 'h am L. Meyer, I re ctor November 19, 1997 ,/ l ,-JM: MICH EL KELLY, DEPUTY DIRECTOR DWM S},BJECT,· CONT 'ACT EXTENSION REQUEST FOR Pll-4SEII DETOXIFICA110N STUD TO ETG ENVIR ON~IENTAL CONT CT Tlft1E EXTENSION TO JOEL ll/RSCHIIORN, HJRS IHORN & ASSOCIA tES As you are aw e, the Division of Wast~ Management, in conjunction with the Warren i · . , :·.ty PCB Working roup has been involved ln a massive testing, site investigation Md c:, xification study e ort on the PCB landfill in Warren County. Last spring we et up two contracts with two different vendors to do treatability studies on f,r);ls from the land 11 and provide a Phase I report on the results. These. contracts were d,•,,igned so that the ve dor had also quoted on a Phase Iii preliminary design for full scale o,,..,.,·:~ti on, so that we c,,,,uld continue the process once we dec.ided which technol()gy worked best er ;\:e land fi ll detoxi fi ation tests. ETG Environmental was $elected a.s this co mpany (contract --#'. · j22 .) ~ ... , ..... ~ We have alt·ead had a pre-meeting with them to discuss the Phase Il , but they are av, ,i ng their contract mendtnent to _proceed further. T~crit~al. The Working Group is de v(,oping a plan to se k funding from the General Assem[during the upcorn.ing short se~<:;1 •m , The Phase II r port wm take approximately 90 days one{, the contractor begins work. A~ ,:,u can see, this pl ces us very closely to the time the General Assembl y will c.ome to town . As a direct resu t of the time delays, we likewise need to have the contract time for Dr. Joe : ·1irschhorn, #V60 , system number 76303082, dated 7/1 /97 and set to expire on 12/31/97 , exte::ded through _ /31 / 8. No additkmal funds are needed at this time . Money is already in place for both of these ontructs as it is part of the one mil lion received in 1995 for the det-1:· lfication testing. We would certa nly appreciate any help in expediting the approval of these amendments. T!rnnks for your help. lease call me should you have any questi ons. P.O. Box 2960 , Raleigh, North Carollna 2761 1·9603 Tel ephone 919-733-4996 An 1:Qual Op rtunrry Attlmietlv11 Action &nplov•r 60% RtOy<li.,d i 10% Pott,Co,,.u,.,er Pape, F·. • I 04;0~ ~o 14:45 '31 '3-715-0E,E:4 North Carolina Departn1ent of Ad1ninistration F'AGE 04./ 04 .Tau .c. B. Hunt, Jr. Governor Kat fr. Dorsett, Secretary Division of Purchase and Contract J . Arthur Least0n, State Purchasing Officer Mb,;.J RANDUM TC Sherri Garte Barbara Stone Newton Dfl.; --·· November 24, 1997 Sl_'.E .. ECT: Evaluation of Soil Treatment Technologies, our 701719, your N 7022 .ti.in,,: val is hereby given to amend th is contract with ETG Environmental, Inc., to add Phase 11 at .•c1 i .o st of $89,020.00 and extend tile completion date through March 20, 1998. All other ten ,1· dnd condition s will remain unchanged. Pl e.1 ·,·;send a copy of tl1 e signed amendment for our file as soon as possible I 16 West Jones Street Raleigh, North Carolina 27603-800:2 State Courier 51-01 ·06 c\n Equa! Opporturi'ty .' .-Hfir111ativc Ac\i<:>n l:.mploye.r 0 fll #/IJ MACTEC, Inc. Invoice Billing Number: 2700.41-000001 Invoice Number: INV-0000021095 Bill To: NC DEPT OF ENVIRONMENT NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT ATTN: MRS . MAUREEN BURGESS 401 OBERLIN ROAD, SUITE 150 RALEIGH, NC 27605 United States of America Customer Number: NCDENR coPY Invoice Date: 03/06/00 Remit To: MACTEC, INC. P .O. BOX 2025 ENGLEWOOD, CO 80150-2025 United States of America Customer PO Number: Letter 1 /20/00 Project Number: 2700 .41.00 .00 Project Name: DIVISION OF WASTE MGMT Cumulative Amount Billed: 1,953.20 Terms: NET 30 Due Date: 04/05/00 PROJECT DIRECTOR PROJECT MANAGER TOTAL LABOR TRAVEL TOTAL 0TH DIR COST FEE FEE Invoice Total Current Incurred Hours: Cumulative Incurred Hours: Hours 8.00 8.00 16.00 16.00 16 .00 TAXPAYER IDENTIFICATION #:95-3139094 EFT INFORMATION -BANK NAME: KEYBANK ABA #:307070267 ACCT #:060450020569 Rate 125.0000 95.0000 Billing Period From: 02/03/2000 To: 02 /25 /2000 Current Amount 1,000.00 7 60. 00 1,760.00 Current Amount 168.00 168.00 25.20 25.20 1 ,953.20 Cumulative Hours 8.00 8.00 16.00 Cumulative Amount 1,000.00 760.00 1,760.00 Cumulative Amount 168.00 168.00 25.20 25.20 1,953.20 1819 Denver West Drive, Suite 400, Golden, Colorado 80401 303.278.3100, (Fax) 303.273.5000. (Home Page) www.mactec.com ID/~ (f6v1.-D. IAJlf(_ <;;TC-c-<tLfUJ.· -A/6-1,1./ / N_tJtSr/ov 'j1'°<-<fJ ( t;J/'Jt, ,#'JOJ'i- r V>,) JJ,,/tJo/uuJ wl'lh6:-1G-., -W/11'. fs I I.Ji W.5 to #,~ ~;U/,,AL /5 r;' l(f{,,~ 1,, ~ u..d c:J. Jfyz Cj fd', -J ~ f CZS' kta Sfe:;tJ 'L l,(j i.L,IZ trtc::- J if I NI 0_ Ll111YlrtJ N /LL(\~~ ~ ~ ~ ~ IU-/U® ~ to~~ L01~ Fff?l(1u/<JT~- -<-0.Q U'L0::J fu 0..1~ cl_ u.)i~ cf/it~ ~ 11~., n, )J D.f-UJJ.,q- u...>Jl Nr t_p ~ ~ u. ~ Environmental, Inc. Mr. Bill Meyer Director, Division of Waste Management North Carolina Department of Environment and Natural Resources 401 Oberlin Road, Suite 150 Raleigh, NC 27605 SUBJECT: Contract No. N9008 Dear Bill: Providing creative environmental so lutions October 6, 1999 As a follow up to our telephone conversation, please be advised that ETG Environmental, Inc. (ETG) will shortly be closing a transaction whereby all personnel and substantially all of our assets will be transferred to a new-investor group. The new investor group is Mactec Environmental Technologies Company LLC, a division of Mactec, Inc. of Golden, Colorado. As such, Contract No. N9008 between ETG and the Department of Environment and Natural Resources (DENR) will need assignment. This contract is for final design services for the BCD detoxification of the Warren County PCB Landfill. No changes to the contract will be required as a result of this assignment. All ETG personnel, including myself, will continue to function in their present capacity. No change in the project schedule will be necessary. Mactec is a $160 million company that specializes in environmental engineering, remedial and construction services, strategic environmental management, and water technologies. The company has approximately 25 offices nationwide with over 1200 employees. Our agreement with Mactec is due to be completed by October 15, 1999; therefore, we need to have agreement on assignment prior to that date. Enclosed is a form of consent for review and signature. Thank you in advance for your agreement to this request. We look forward to successful completion of this contract. Please contact me with any questions. Very truly yours, G. Steven Detwiler Vice President, Business Development 16 Hagerty Boulevard, West Chester, PA 19382-759 4 • (6 1 0) 9 18-1 I 00 ■ Fax (6 1 0) 43 1-9 140 !!!!8~~ ,:; I U Environmental, Inc. North Carolina Department of Environment and Natural Resources (NCDENR) 40 I Oberlin Road, Suite 150 Raleigh, NC 27605 Gentlemen: Providing creative environmental solutions October 6, 1999 ETG Environmental, Inc. ("ETG") has agreed to assign to MACTEC Environmental Technologies Company, L.L.C. ("Buyer") substantially all of the assets used in connection with ETG's business of environmental remediation utilizing thermal desorption and chemical dechlorination technologies. In contemplation of such transaction, ETG and Buyer will enter into an Asset Purchase Agreement. ETG and you are parties to Contract No. N9008 dated May 4, 1999 (the "Agreement"). Pursuant to the Purchase-Agreement, ETG intends to assign all of its rights, title and interest under the Agreement to Buyer, and Buyer will accept such assignment and assume all of the duties and obligations of ETG under the Agreement relating to the period after the date of assignment. Under the terms of the Agreement, your consent is required with respect to the above- referenced assignment. Accordingly, ETG respectfully requests your consent to the above- referenced assignment to Buyer, and requests that, by so consenting, you confirm that the parties Agreement is valid and in full force and effect, that it represents the entire understanding of the parties thereto and has not been amended and that you are not aware of any fact or circumstance which constitutes a material default or breach under the Agreement. Further, we ask you to confinn your release ofETG from any liability arising under the Agreement before the date of assignment. Please signify such consent and confirmation by signing the enclosed copy ohhis letter where indicated for your signature and returning it to the undersigned. Thank you for your consideration. ETG Environm ntal, Inc. By: ----r---H----,..---~-~-...J ______ _ Consented to and confirmed as of 1999. ------~ NCDENR By:--------------- Name: -------------Title: ------------- 16 Hagerty Boulevard, West Chester, PA 19382-7594 • (610) 431-9 100 • Fax (610) 431-9140 Patricia M. Backus, P.E. Division of Waste Management 401 Oberlin Road, Suite 150 Raleigh, NC 27605 Phone: (919) 733-4996 ext 308 Fax: (919) 715-3605 Fax To: Laird Davison Fax: 715-0684 Phone: 715-3880 ~ NCDENR From: Pat Backus Pages: 3 Date: 10/13/99 Re: ETG Environmental Contract CC: □ Urgent lia"For Review □ Please Comment □ Please Reply □ Please Recycle Attached is the information we received from ETG. As you can see they are requesting a form of consent. I assume P&S would sign this if acceptable. Let me know if I need to do anything. Thanks 10/22 I Q9 15:08 FAX 610 431 9140 STEVE DETI\' ILER 14]001 --~ i=f:u Environmental, Inc. Providing creative environmental solutions 16 Hagerty Boulevard, West Chester, PA 19382 (610) 431-9100 / (610) 431-9140 Pax To: Pat Backus / Mike Kelly From: Steve Detwiler Company: NCDENR Date: 10/22/99 Fax#: 919-715-3605 Phone#: 919-733-4996 x308 # of Pages (Including Cover): 2 Pat -Please see that Mike gets this as soon as possible. I have run into difficulties on the assignment from Michael Bryant. As an interim plan, please have Mike OK that ETG will subcontract all work to MACTEC ETG. In the worst case, the deal will get done, ETG will have no employees, and all work on Warren County will stop. Obviously, I don not want that to happen. Time is critical, anything you can do to get this to Mike would be greatly appreciated. If OK, have him sign and fax to me ASAP. Thanks, fa- Steve Detwiler ETG Environmental, Inc. :li?JJ!~/llit{u~ >•·· ... :••·•:•-•;·-::-· Urgent-Deliver Without Delay Regular If you have any problems with this transmission, please contact __ _ 10/22 1 99 15:08 FAX 610 43 1 91 40 STEV E DET\l'ILER [4]002 '·, ff"I ~ ~~~ ,:: I U Providing creative environment.:ll solutions Environmental, Inc. October 21, 1999 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: Contract N9008, Final Design Services Warren County PCB Landfill Dear Mike: As discussed, ETG Environmental, Inc. (ETG) is about to close a transaction whereby all personnel and substantially all of our assets will be transferred to MACTEC Environmental Technologies Company, LLC. We have requested assignment of the subject contract in a letter to Bill Meyer dated 10/6/99. It is my understanding that Mr. Michael Bryant of the Division of Purchase and Services is handling this assignment. As this item has not been executed and the absence of NCDENR's consent to this assignment is delaying the close of this transaction, ETG requests your approval of an interim plan. By acknowledging this letter below, NCDENR approves that ETG Environmental, Inc. will subcontract all work described in the subject contract to MACTEC Environmental Technologies Company, LLC, effective the closing date of the transaction, which is scheduled for Friday, October 22, 1999. In the event that the consent to the assignment of the contract is executed, this approval will become null and void. Please note that all personnel involved in the subject contract will no longer be ETG employees as of the closing date. After the closing date, all personnel including Steve Detwiler (as key personnel) will continue to function in the identical capacity as cu1Tently exists. As this matter is of utmost importance to our company, approval of this letter is requested immediately. Thank you for your cooperation in this matter. NCDENR: Approved as of _____ , 1999 BY: ----------Mich a el A. Kelly, Contract Administrator 16 Hagerty Boulevard, West Chester. PA 19382-7594 • (6 10) 918-1100 • Fax (6 10) 431 -9140 Patricia M. Backus, PE Division of Waste Management 401 Oberlin Road, Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 ext. 308 Fax: 919-715-3605 To: Mike Kelly Phone: 715-3644 Re: ETG Contract □ Urgent 0 For Review • Comments: NCDENR From: Pat Backus Pages: ~ -3 Date: 10/22/99 CC: □ Please Comment □ Please Reply □ Please Recycle Steve D. called me this afternoon. Basically when the financial stuff goes through the ETG employees will be Mactec employees and there will be no ETG employees to work on the project. He asked that I forward this fax to you since you are the contract administrator. 9i 9-7i5-Gt.84 < ,,,~,,,.,._- ~ ~'="-"~ I -. I ,='°' r~CDt::.&Nk / i-'i.JkCriAS .i. Ni.:i f-'.i'\Gt::. i::.il ----·~··-· '1 I • ., w,n.....,c. ~ , J \I\ .., -• ii;;. ~, .,... £,/ u NO. OF PAGES TO FOLLOW -~-- DIVISION OF PURCHASE AND SERVICES PURCHASE AND CONTR.ACT SECTION Michael Bryant Kathy Domico Kathy Norris T..,,..,..J n,..1..-,. I I c.n ... 1 n.a11 I.> (919) 715-3891 <S19} 11!1-:5882 (919) 715-3888 ~~-#' L=' \11 ·' ► -~£'"~; v ..,..-~§€ .::.:::::::;;-.. ,./ \,..-' ' =· Jo Anne Williams (919) 715 .. 3884 Theresa Wat.kins <919) 715-3895 ho: I I I IFAX NO: FROM: FAX NO: MESS.AGE: DI S:.QC:S: ns:1 l\lf:D S:.QY MJ::C:C:.ar:s:; • --.--..--------■-• ---■------·--- Kathy Norris (919) 715-0684 ,,,.-.... \ _) \ ~ OFFICE NO : OFFICE NO: -------- Department of Environment and Natural Resources PO B0:>(27687; Raleigh, NC 27611-7687 1. 03/01 /2000 11:15 919-715-0684 ,lST,~NC!!. see INST!WCTIONS ON BA.CK N .. "-::Jtpartmcnr of Envirorum:ut .a.t\d Narural Reeso11rces n;~~:;bJ:: e:! Pur~has~ an{1 ~e!"vk:s AGREEMENT Th'F0Rl\1ATION T> A D'T'TL·C Tr, ·--rU'r~ A ;~D C'CA,n:~''f'. r,-,...,.,,,...1.~u .1......, ..1.J...1..1.v .f,._ ... '"-_•T..,...,..,, .... i'•1CDE&t,~R / PURCHAS I t~~G FDR.DENR uSE uNLY :. r'\--~--"' llt_ 1.....u11t.r.a1r,;t l."'IIIV. ~ '\. (\ r . .,,.,, ~ '''-~ l \II'°' '..... ... --- Vendor Number :f>urchase Order No. A. B. Oivision We.et:e Ma.na~ement St:c:tion Address (PO Box. Street. City. State, Zip) 401 Oberlin Rd. Ste 150 Ralei h Contract A.dmi."UStrator Telepho~'NurniJ605 Contractor I.R.S. Nmnbcr or Soc.I.al Security Nur.nber Chc:.:.k ii Applicabie Pvr/Non-Profi.t A..ddress (to Wh!Cl'I cneci.s WUJ be malled) (5treet, f'IJ .!:!OX) 16 F..agertv B (Cicy, Stace, Zip) Pkast ,;b~c~ ~me of the following: _ African American owned _ Woman own~i;! _]-!andicappcd owned _ Hispan.ic ciwncd _Other minority owned ~one of th~ above Steve Detwil er 601-431-9100 J)lVISION CONTRACT COORDU'l'ATOR: Michael Kelly !>HOl't'ENO: 919-733-4996 X 203 3. PURPOSE OF AGREEMENT: Complete Phase III Final Desim for :Deto~if ication 4. TL\1E PERIOD OF AGRE'EM!:NT: Beg!m1ing Datc _4_, 15 199 Emling D1w: _J._1_1_!_100 (CONTRACT CANNOT EXCf:.£:0 3 YRS.) Mo Day Year },fo Day Year V ,:.•H• nf Tnir~!lii A nrP~mQnf ,.. --, .,.,._ -., .... --... --. -o· --···----------- 6. NEED STATEMENT: Final design must be completed to allow the state to hid tbe detoxification of rhP Pr."f\ 1 :=mrlf-f 11 7, JUSTIFICATION ;~~-=-P-=-ha=s::.:e=-=I--=&:....::I::.:I=-h::.::·::::auy.ie .... _b._e ... "'e_.n~c .... !)_~.w,11,p~J ""e""t"".A~.a .... ' .,...; ___._t..,h ... e,_. Jil..i.,e.,_x.....,.t'---"sut..se~p~..a.i.si.....i!..1b.1.1e.;_..i.f_,i...1.oJ.<B:1..~L, ---- design and must be finished to begin detoxification 8. FISCAL INFOR.\1ATION; Does this agreement involve disbursem;ni of fur,cts? ~ from DENR __ 10 DENR. No Federal Contractor Othe r Special s s s25, 550.00 $ $ $ 1 1 l5zs, 550.oo 1 i ! ! I i I 'I -. I ,-.-. I q .-7 a d <:11/ ,-SUBHEAD: GL Company / 1p O I GL Account 0:) i'1 , ~ ! GL Center --:+,......o~~..:..-_-.J ________ _ (. r:l :;:pJ-J ~-'-• ,.,.__,,._ )P!!P.C;!.-!EE _• >vn<>,]'_U!(W< ~ ~ ,!j_'f:-'j_/ C, PAYMENT SCH:EDULE: =. DENR 2500 (Revis;:d 1/99) '31 '3-715-8584 NCDE&t,JR/ PURCHASING t~.C-Departme1It cf Envirclliuent and r--~at11ral Resources ,....._ ·-~---_._ • ....._ ____ • ______ _;j ,._... __ ,:~ ..... - UlVISlUll 01 ruru1a~c auu ;)C:::l v 11.0CI> rs 011. TTRAn'T" BT Tl"'i.r"E'T' \..,. 1'1 \...,l V.V~ J. Waste Mana~ement 15 April 1999 Effective Date Division/Section/Program 31 ,Jal'RlB.r.'Y' 2000 Termination Date For Fiscal Year 99-00 Contractor: f.TG Fmci rnnroenta l Contractor Contact: Steve Detwiler ITEM DESCRIPTION Provide compl~tQ Phase III Final n .... -...: _ ..J ...... .-, .. _,,..,..._4-..,. ,r-.,..._ +-1--..;;..-..... -1 ·i .LJt:::U...L.Oll \..lV\.,:l,.JJ..LJ.t:::.l..l L~ .L.V.L. L..L.1.C ..L U.l.....L scale detoxification of the. PCB landfill in Warren County usin BCD Technology (MANDATORY IF FEDERAL FllNDING) CFDA CODE: (CATALOG OF FEDERAL DOMESTIC ASSISTANCE CODE) J~o1 OL Company GL Account lJENR 2482 (Revised 1199) GL Cemer l>urpose: Total Budget: or CONTRACTOR AMOUNT (Jf ,'l.pp1lcan1e) (Mandatory) Contract No . N °i on 8 __._.._,.._~!,,::'..""'"-------- Purchase Order No. __ ~ __ RevIS1on No. PhaRf 3 Detpx,i f!r.mion PJ.an 525,550.00 DENR CONTRACT AMOUNT ! c,i;:z-: c;; -:n li,ri yJ J;JJV 1vv i I l j I I I i ! I I I ; ;~ i d/. h.._ (§R,c;.u__w Divi5ion Bud!,;et O!J1.c,:,r 03/ Gi/ 2880 ii: i 5 9i 9-7i 5-0684 HC:DE&HR /PURC:HASIHG CONTRACT NO. l'J9008 STAiE OF NORTH CAROUNA corJTRACTCR'S FEDERAL LD. COUNTY OF WAKE OR SOC!i\L SECURITY NO, 232595476 CFDA COOe: NIA Tf--ii8 AGKtt:iviEN1, macie ana eriier~r:; ii-1tu t:-,i; 3;-.:; .:iiiy .:;f iv'i;.y, ~~~~. ;:,i ;;.r;::; bet-.veen ETG Environmental, hereinafter referred to as "CONTRACTOR", and North Carolina. Department of Environment and Na-iurnl Resources, heieinafter referred to as "DEPARTMENT"; ~!':.!!":~!!"'"9~C'!:::::T!....!• \I\} I I n.a r .) ., r I Ii -:....::.. .:. ....:... ~ .=-=--....;. ....... --· THAT WHEREAS. the CONTR,6,CTOR has submitted to the DEPARTMENT a proposal for the performance of certain technical or professional services; and ,.,, ,r-r""'Lr-,..,... "L -~.....,F""\A ri.-raa,.lt..l"T" .J __ : ___ J. ..... __ ,....,.,. ;.,..-4,_-. ___ , ... ....,,..4 ,Aii+\.\ tho VVMC:Kl=AO, Ule uc:.rt-\r.. I IVIC.l'l I ui;::;,11 c;:, lV C:,[ llvl 111\V q \.,V> ... a-.., vv .. , 1 ",.;. CONTRACTOR to perform the services set out in the proposal; NOW, THEREFORE, for and l!7 consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows: ·1. Irle CGNIRAC~G~ ~~i~~"i ~~;-~c; ~c ~~;-fc~~ ;~ ~ ~;;;;~;--:;~ ~~!~:;~::t::--'; !8 the DEPARTMENT, professional services necessary to complete Phase Ill Final Design documents for the fuii scaie detoxification of the PC8 Landfill in VVaiien County using BCD Technology as described in Attachment A 'Nh ich is incorporated as part of this contract. ,noney not to exceed FIVE HUNDRED TWENTY-FIVE THOUSAND FIVE HUNDRED FIFTY DOLLARS {$525,550.00}, said sum to be fuH and complete compensation for services rendered under this agreement. r""", -··--___ ... ,r __ -----.:-.-..-••• :11 i,__ ---...J-. ___ ..., .................. :-+ -♦ --; ... ,~-;-,!!,,. ♦.-,-..rv,, ~aJ ,....~yrntHl l ! UJ ~:H:::r vu_;~:;, VVI II J.,lt; 11. ,c:1uic: UtJVII 11:;;'-'t;.lt,'\. \.JI Q,lf II t v ...... lVQ 11 -· • 1 the CONTR.ACTOR documenting the vvork completed during the month and approval by the Division of Waste Management. (b) The DEPARTMENT wili be invoiced monthly with the first invoice being sent no soonl!tr 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-negotiate the contr~cfs five n1onth pa·yn1ent cycle. This mdy include apprG\/3! fer only partial payments based on aciuai wori<. periormeci io date'.' 1ne iiiia, pi!Yir,~i,L wi:; t;~ iii;;C:~ only after the state has signed off on the completeq final design documents. (c) invoices are to be submitted to the contract Administrator as outlined above. The final invoice rnust be received by the DEPAR1MENi within 45 days after the end of the contract period. i of 5 0 ·1 a_ 71 c:::_,,:,c 0.-1 _J.J.. _; I .J....J UUU'-1- CONTRACT NO. N9008 Arnended er corrected !nvo!ces must be received by the Off!ce of ~1--..-. _ . .,.t __ 1i _ -, .. :it-.: __ :,. ·---J.L-.... -~•,._.,. 4-t.-,..,..., ,........,,,..j -♦ ♦~,e,, AAnt'ro,-..f ,,crinri in\lnlf"'oc rorol\1ori rnnr'"Q. tne l.,urru u11t:1 w1u 1111 Z;!,l,A, , 11u1 Ill,~ ~, \'-'• "'"c c11u v, LIIV "-"'-'H" ~-.. ,.., .... ,.___ ••• y -·---, ---,,. ___ .. ·-· _ than six months after the end of the contract period wiii be returned without action. 3. The CONTR.6,CTOR represents that he has, or wlll secure at h.is own expense, ail personnei required in performing the services under this agre€iment. Such ·--·---·-·--• -L-.-11 -"• l,~ ~.~ .... lA,,,.,.,.,..~ r,fthr, l""ll=D/'.l'.=:>T~~l=l\!T p~1~u1111e1 ~llc:::llJ llUl Ut:: t:ll ltJJuyc:c~ '--.JI \IIC. L-'L..I n 1\._I IV!L-1"1 I . 4. The CONTRACTOR. shail not substitute key personnei assigned to tr1e performance of this contract witho1.1t prior approvai by the Contract Administrator. Tha foilowing individual is desigr1ated key personnel for purposes of this contract: Steve Detwiler. 5. None of the work. to be performed under this contract wl1ich involves the spec:aiized skill or expertise of the CO!'-JTRACTOR or his employee~ ~ha.!! be subcontracted .•. !.&.L --.... ·-·-= -.... =--~ --~~ ·--; _,; .i.i....,.... ,..-....... -i ... --i ;\ ...l~: .... ; .... ♦r'"I+--.-r ..... :..A U\./C.i-ot ¾Ti.:. {'("""i~ .. lTR l rTn~ WHrlUU'l f)[ JUI c:1.fJJJI UVd.i VI U It '-....,UI )ll c:::IVl r\UI 111111.;>\I QLUI . 111 LI, ..... -v -· '"' "' , ........ ~..._,., •, • ,, ,_, -·, subcontrc1cts for any or all of the services or act.ivities 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 :..._.._.,.~"+:-r°' ...,~ .""' ~liA\,\f tho r-~r-1i\iTR ll r-:-rt-l~ tr, f'nrnni\i \Aiith thA~P. F;frlnrh:1rrls and~ { c) the 1111'-'I II lc::::lll,!V\, a..:, LV ~ •• ...,..,. ,, ,-.._..._, .. ,, •u ,_, -, , -.---·, •r-·J •• ·-·. --·-------· --·-·· -·-, -·· .•. , , .1 •• subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. 6. The serv'icas of the CO~~TR,~,CTOR a re to comn1ence en the 10th day of · May, 1999, and sha_!! be undertaken and comp!eted in such sequence a5 to assure their expeditiows completion in the iight of the purposes of this agreement, but 1n any event, aH c,f the services required hereunder shall be completed by the 31st day of January, 2000. 7. The CONTRA.CTOR shall assure that no person, solely on the grounds of race. color, age, reiigion, sex or nationai origin, be excluded from participation in, be denied the benefits ct orb@ subject to d.i scrirnination under any program or activ!~y co vered by th!5 c1greemem. 8. The. CONTRACTOR shall assure that no otherwise qualified handicapped Individual, solely by reason of his/her hancHcap, be excluded from participation In , be cjenied the benefits of: 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 en-.ployment agaiM! a qualified indiv!du;;i 'vVith a disability and outlaws discri mination against f ndividu~ls vv!th dis3bi!it!es !n State and !ocaf gov8rnment seri.'!ces and public accommodations. The CONTRACTOR certifies that it and its principa,s and C-1 rht'"-f"lr"'lir"'!lr"ff"lr"C \tiliil ~f\rY",nh; ,r.;ith j;;.(lj il~fit,i"i~ in AnA Tit Ii~ I (Frnn!cvment). Title H (Public ~I.A....,.._._,, ... __ ,_, .......... --· •• ,.. • ., .......... -;::,-·-··-· ·-,_ .. ·-· -. -·· --,-· ..•.. -., -.... ',I. ... Services), and Title Ill (Public Accommodations) in fulfllllng the obligations under this agreement. 10. !f, through any cause, the CONTR,l\.CTQR $h?.!1 fai! t_o fulfill in timely and ·------------------♦i-~ -"""'i: __ .;.,...,....,,,.. • , .... ri,.,, .. i~:c-o ..... -rac.Or""C..-..i fj,'\a ii~Dii ~Ti,;i;:'.~\.iT a.h~H fho.,c. i inr ,;1 h::.,;.;;. fJI VfJOI 111~, II n=~• ll It::;: uu11~al1~1,::, u1 1uc:.1 LI ll.:J a~,~....,,,,,...," "t .., , ..... ,_,L-. , ... ,. • ,..,,,._, ... _.., ,_., ..., ,-· _ -r---· .. ·-. _ 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 fin!st1ed or unfinished document~, data, studies, survey5 , drawings, maps, model::._, 2 of 5 DI':! /Q1 /.-JI/IQC1 1 1 • 1 1::: • '. '/ • ' ' f , ~ 'u u ..:.. ..:.. • ..:.. ._; '31'3 -71 5-0684 i-..1r•nco►,ID /D I IDr'Ul',C T ►,tr.:: ' -~, .. " ,~ ..... , ' / ' ' "',' ., ·-' ' ' .... PAGE 85 photographs1 and reports p:epa:ed by tr:e c.c)t~TR/i.CTOR shall , at the option of U1e DEPARTMENT, become its property, and the CONTRACTOR sha.ii be entitied to receive just and equitable comp,,rn~olticn fer ~ny lii.itii;fi,ic;tory work completed on such documents and other • II ;1. ,....,_r-r-,.A ~""T'",i11r-a.1'"'r 1_ ~ . ....a. •• __ .J:_, __ .l_, ____ L _L .... L '.-__ .,..., ______ .... ..,_ __ ...J1.L..._--aamages sus1a.1ne□ oy lne ucr-f-'.K I IV! C:l'l I r.;y VII lWtt UJ i:U ,y JJI t:dt.;11 U I U 11;:; d\:jl 0:::0:::1110:::1 IL, dl lU Ure DEPARTMENT may withhold payment to the CONTRACTOR for the purpose or set off until such time as the exact amount of damages due the DEPARTMENT from swch breach can be determined. 11. Thjs contract rriay be tenninated by either party upon thirty (30) days notice giv@n in v✓riting by one party to the ot!1er. if the contract is term!nated: a!! f!n!shed 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 fron1 seeking remedy for additional costs consequential to the termination , which are incLirred by the DEPARTMENT. If {he contract is terminated by the DEPARTMENT as provided herein. the CONTRACTOR w ili be paid in an amount \'✓h ich bears the same rntlo to the totai compensation as ine services aciuaiiy performeci oear io ine ioi;;:i services or ine 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 serv!ces pert'orrned vvhere comper,sat!on !s based en each rui: day or · . -·-r --·----• •------···---·-J. _,e -..,,,-_,_ ... __ ........... J.:-.-..., _ _,,,:.-..,,-.!., .-.---.I ..... Tl-..... 01""'\r...lTr'.:I A r"Tr-'\r:l .-.L..-.ll services pen-orrneu, lf;;l:;;:;; pqylfl~[II. UI \..;UlllfJO:::rl::;dllUII fJlvVIVU:;:.1y lll<IUt;:, I IIC ._,.....,,.,. I 1'.f"'\..J I \..Jn.. "'''"""' repay to the DEPARTMENT any cornpensation he has received wl1ich. is in excess of the payment to which he is entitled herein. 12. The parties to this contra.ct agree arid understand that the payment of the sums specified in this contract 1s dependent and contingent upon and subject to the appropriation, allocation, and availability of funds fo r this purpose to the DEPA RTl'v~E~ff. 13. Any CONTRACTOR receiving at least $15,000 but less than $100,000 in state funds from the DEP,A.RTMENT w ithin 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 attssted to by the CONTRACTOR -'i,-,.,........,1 ,..,,F~j,..,.n.-~,-"··I nn.n n, ♦h~r----a, .+hM,-i,.fnr1 r.ffir"'or r,f tho rl'1l\lTDAr'Tr"\a=;, Thi~ ::1rrn11ntinn m, ,c:t he. ii.;l'-'~1 v111we1 QI IU u, IC Vl,l 11;;1 OULI IVI IL.II I~ VIIIV ..... I .,, \t I~ ">_.l"-1 j 'II i l" ,~ I '-,II '-· I I IIU 1..4\.Jl"-'""1.U 1\111~ I I l'l,,4...,\. -- flied with each funding state agency within six months after the end of the coNr RACTOR'S operating year. If the CONTRACTOR receives STATE funds of $100,000 or more during its fiscal year, it must fi!e with tr:e State Audttor and each funding agency its audited financial siaiemenis in accordance wii r•1 i:t,1§ ~1i1(1di<ii"d~ ~(1u f u,ii"iijt;; j:i,~30iibod by t:-,c State Ai.iditCi" iii Memorandum NGO-2 "Grantee Audit Reports." If the CONTRACTOR receives $300,000 or more In FEDERAL awards during its fiscal year from any source1 including fadera: funds passed through the State or other granters, lt must obtain a single audit or program-specific audit conducted in accordance with the Federal Office of Management and Budgets Circular A-i 33 itAudits of States, Local Govenir1·1ent and r·Jon ... Proflt Organizations." If the ~bove an1ounts are not met i:iy one sing1e runciing agency, DUl rainer any comoina-iion OT runEJing agencies, -ineri tne 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 --.... ;.u ... ;_ H.-. .... ..-..-...-.;..-.~ .,..-..r,,.-~itiru-l h -.: th,-,. l""\;.-;;,!i,-....-d-.!.::::. n!'.,-,Q r ir.-.: :lcr nr !\.'!orr.r.r~nd: :m VI VVILIJ!l1 u1e i-JtJIIUU ~t-,'V\,,l !l';;;~ 1.Jy 1..11c ctFt.J11\..#C11.11u ',..;"IYILJ .....,,,v1w-11w11 v1 1v1-111'\...11'--".•1-1..4,11 . 14. The DEPARTMENT may, frorn time to tlme, request changes in thG scope of the services of me CONTRACTOR io i:Je performeci uncier fr1is agreement. ;:;sucn changss, including any increase or decrease in the amount of the CONTRACTOR'S 3 of 5 03/01/2000 11:15 919-715-0684 PA13E 07 ( '( \1\1 j '-.I L\ ( ~ I f\.1{ ) fiiUJliiW ..._,.'-Jl'llll,.r"\..._,.I l .... ~. compeneation, which ere muhJa.lly agreed upon by and between the CONTRACTOR arid the DEPARTiv1Ei·~T, .shall be incorporated in vvritten arnendrnents to th is contract. 15. Any information, data, instrurnents, documents studies or reports given io or prepared or assembled by the CONTRACTOR under this agreement may be pubiisneci oy the CONTRACTOR or its employees, or distribL1ted 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 ernpioyees shaii give the DEPARTMENT a reasonable opportunity to review anv such proposed publication solely for the purpose of determining if the DEPAR.TMENT wishes to be given credii for its funding role in the preparation of any such information, data, instruments, documents, studies, or reports. If the DEPARTMENT datarminas that it wishes to be given credit, then CONTRACTOR shall take all necessary steps to assure that credit is given by the publisher. Othervvise, the CONTRACTOR may proceed to enter into any agreement to publish, or may pubiish, but shaii not acknowledge any participation ---. ------·-by tne Dl::J-'AI-< I Mt:N I . 16, The CONTRACTOR. shell ensure that all publications produced as a result of thls contract are pri::ted double-s!ded on :ecyc!ed paper. 17. The fiiin9 of a petition in bankruptcy or insolvency by or againsf the CONTR.ACTOR shall terminate this agreement. 18. The CONTRACTOR shall not assign or transfer any interest in this agreement. 19. No reports, rnaps 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 beiween the parties hereto that the place of this contract, its situs :and fciumt shall ba VVake countyl ~Jortt1 Carolinal and in said County and State shaJ! a!! ma11ers, wnetner sounciing ir1 coi'1tr'.<iti 0i-,0,1 ,-e,~iir~,g tu t,,; viii,diiy, Cvii~tr~Ctiuii, iiit;;rp,;;t.;1;c;, and enforcement of this agreement, be determined. 21. The CONTR,A,CTOR agrees that the State may have the right to audit the records of the CONTRACTOR pertaining to this contract both during performance and for 38 months after completion or termination. Tt1e CONTR.ACTOR must retain aii recorcis reiating to this contract and allow employees or agents of the DEPARTMENT to Inspect such records during the perlod of time set out 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. The CONTRACTOR. certifies that he is in compliance with "Ntachment i" 24. Michael Kelly is designated as the Contract Administrator (project coordinator) for the State. However. any changes \n the scope of the contract which wiii 4 of 5 03/01/2000 11;15 '31'3 -71 5-0684 t'-lCDE&NR/PURCHA~ii t---K3 PAGE 08 CONTRACT NO. !'19008 increase or decrease the COt~TRACTOR'S compensation shall not be effective untii they have been approved by the DEPARTMENT Head or Authorized Agent. IN WITNESS WHEREOF, th e CONTRACTOR and the DEPARTMENT have executed this agreement in dupiicate originais, one of which is retained by each of ihe paniss, the day and year first above vvr\tten. CONTRACTOR //~ -~ By_....,,.,/_ ~ .... >..,..-/711,1.._'/lt_,_·~~--.,____.. ...... 0t) ___ \ __ _ / C_.f tractor's Signature Rt.'a 1d J . Bacs kai Typed Name NORTH CAROLINA DEPARTMEi\iT OF ENVIRONMENT AND f".JATUR..O.L RESOURCES .1 ditvayne McDevitt, Secretary _,, OlRECTOH - ,,..__fu). c~.J-. G . O cl/\~ DIV'. Of PURCHASE AND SERVICES Departr::ent Head~s Sig nature President/Chief Executive Off i ce t or Authorized Agent WITNESS: WITNESS: /1 11 ,fj X Y-:t I' J. -:r-" .,,. I j -C..,,... ~ l✓..l "-lo ,./4./ I A/½ ..., :f.L "-:-, v/ LU/ 7 I Signature A pproved as to Form: Attorney Generai of Norih Ca(olina DUPLICATE ORIGINAL -5 of 5 03/01/2000 11 :15 919-715-0584 r,JCDESNR / PIJRCHAS I HG F'AGE 09 SCOPE OF V''vORK WARREN COUNTY PCB LANDFILL DETOX!F!CA.TlON DES!GN ATTACHMENT A INTRODUCTION in AJl-3.-,,-..h .;aoo CTr-..1 E-, ... ~--................ --+-: •--1~-r--r,.\ ---L----!u ._.J ----•~.--!-· · · "' ,vl\.AI ...,, ' ',J.,....,, ,_I'-' LI IVII UI 111 lt:;;I 1~-=11 , II Iv. \C I u ; ~uur lllll~U c:t fJf tlllfn1nary aes1gn aocument 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 VI/as deemed by the State to be an effective means of fairly addressing key issues of the ('Notice of Non-Comp!lance" issued by the EPA for the facility, as well as meeting the rnmrnitn,.::,,nt m~l"lo h" I-ho C:t,.,+,-, ,,., ,-,1,._+,.__,;.f., -1-h ~ 1--..J.&;ii ... 1-.--•--_L-:-.. -11· • .c ., ·,' -' ·1 --· .... '""' ·-· .. '' ·~~~ ~1 ,. , ......... ,.,.,._, cu u ,:;L\.,,11\IIJ ll Iv 101 IUIIII VVI 1er I lt1ul 11111,;~IIY reas1.01e. IO ne p meet the aggressive design schedule in an efficient manner, ETG has teamed with BF.A Environmental, an envlronmental design firm with a thorough understanding of the go;;sl$ and obiectives of a!i pro)iect stakeholders J • since the submitta.l of the preliminary design document, the North Carolina legislature has incorporated tha utiliz:ation of BCD for the la ndfill detoxification into law and has specified the appropriate treatment standaids required for the detoxification of the landfili. TJ--ip ti iilnrl~Ci ,~f +h:L-,-1ru -~rir'T"\r ... n* i~ +,.... ~,,+;; __ ·~-,... ______ ..;-----=_-"-_-.I -· : , -~ ,-,~• r-----~, u .. .., u~-.-~· l lvl IL 10 LU UU~JII It;;: ll ,c:; ~1.,Uj-JC cil JU cl:S:SULlli;Ht;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 Propo5E!i:s (RFPs) can be issued for a!! or subst2nt!2l components of U1ls ;-1r,-,iCJ,-... Th;c-C'f"\/"'l~O ~ien ~nni, 1r'ir.n •h,.... ,..j_, ,.,..._j __ ......... __ J. -~ '·-__ : -• • · • ' 1 -,,.,, -J~~·· .................. !-'.., '"''..;..., .. ,..,,..,-.,.,.._, u ,c::: uc:::vo:::11Jf-'• 11c11t u1 veer rou::; pro Jeer p1ans necessary tor proper execution of the anticipated project activities. If the activities deemed necessary to fulfill the goal of detoxification increase beyo nd what is described herein, this scope of work will be amended acco rdingly. 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 !l Preliminary Design Report. · Task 1 A A I. I Project Definition , Planning and Scoping Project initiati on CTG!R~ A VJ ii! :-":""~=.pt v,:i+h l{',-,;; :-e:p:u~.=.nt~+:t:C.C\ --"~ -t-h.-C·+ .. -..cii_ ... ,_ :,.;~ .: ..... _: __ -.£ t .'\ , __ J. -:.._ • ---~:.._: • ~ ... ::: :::'....:_:. : ... ;~;; ... -:=-; ''-'t--'0 l-• ... H . ...-ll"-<.,H IV \.,,,V Vl LIIG "-,"l\.Cllt ~ u•Vl::ilUfl UI VVd::ile Management to discuss the necessary project design components , review the preliminary design report, and identify substantive additions to the detoxification design process. It is as~urned that °t'No meet!ngs with the State wili be r2quired to a.ccon1piish tf1i~ task. 0~/01 /2000 11:15 919-715-0584 t'4CDE&NR/ PIJRCHAS I NG PAGE 10 ,., 1 £... I .2.2 Task 3 General Tne ETG/8FA team wiii worK cioseiy wiU1 ttie State Project Manager and staff to develop a scope of services document in c1usive of all design components identified during meetings with the State or as previously outlined in the preliminary design report. ii Tnoro. "lr/.:\ ~, ......... ,'--' c:.4,1\.; numerous Standard Operatir1g 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 a.nd Backgrmmd 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 desig n. The ETG/BFA team wiii have access to a complete cc:py cf the State's file on tr:ls f2cilit/. L.J nder this subtssk these files vviH be (evit:"!w8u to k:ienfrfy issues i:nat mignt anect tne ciesign of the detoxification. This review will determine the degree of the sur,1ey requ ired to complete tr,e finai design (Section 3.1) Implementation of the proposed final de5!gn act!v!t!es at the !andfi!l \Ni!l necessitate review and anaiysis of local, state, and federal guidelines. Under tt1is task, the ETG/BFA team will work closely with officials to identify the ruies ciflU i-6Qi.iifli16iis wnicn wiii govern cieioxiiication activities. in particuiar, we w ill work hand-in-hand with the State's Project Manager during this task. The jurisdictio nal appiicabi!ity of Superfund , RCRf\ TSCA and State's \/'Jaste M~u1age ment rules will be thoroughiy investigated under this task. A.dditiona!!y, North Carollna Department of Transpoiiation design criteria will be reviewed to .,.J--1--.. __ : ____ .,...,;,__t-:1;,1,,. J._ .l.1--·-·-------.• · • • • · Ut:;olt::'IIIIIIIC: t'.lf-lf-JIIGdUIJllY LU Ult:: fJfUfJCJ:SeQ pr0JeC,_roaqway_nTipr0V6ments. Detoxification and Process Design The design tasks outlined below assume that no new 1nforrnatlon wi!! be obtained concerning the finai design requirements. If the 1mpiementation of Task 2 above identifies new design criteria not discussed in this scope it will be amended accord ingly. Tile design process assumes that monthly progress meetings will be held between the Design ,Team and the State . Theea m.e ~tlngg w ill be he ld to ensure efficierlt project execution. '7 L 03/01 /2000 11:15 919-715-0584 PAGE 11 3.1 A TT AC HM ENT A Site and Area Survey A detailed survey wiii be prepared for the site. The iimits of the survey wiii be , , • 1 ... ~Ls_ -L-L--·-·-·--· __ , 1 r ..... -.1-.-,1,1-: ..... i-..... 1, ,.....,_ c:::-r,-..,ocA +-----..... :!! _ _.......,L,_i..-J.-. aei:erm1nea WIUl ~lcH!:! c:lf-lf-ll UV di. u I ,ue, ll 11::S l~::.", ll IC c 1 \J/ or n. ll:::CII I I VVIII !JI UV IUC to the State a scope of work fr1ai canoe useci io issue a coni:raci for ine 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 heip identify local survey firms th8t 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 ail equipment areas. Areas needing ~ritiitic;n~l t2~tinc-1 t·vl!! h~ irh~ntifie d and trie ETG/BF~~~ team \tJil! orovide the State ---·-·-··-· ----·-·.:;, ·•·-· ---·-·-····· --. with a. scope of work that can be used to issue a contract for the cornpaction tests. The ETG/BFA team wi!! a!so he!p identify !oca! f!rms that can meet the requirements. Suitable compaction tests will be petiorrned associated with final grade and fill placement. Additional geotechnical surveys within the boundaries .11f thP I ~nrifin ~rA nr;t ~ntir".in::1t~n tn t-';P rPntlirPrl ---··---··-···· -·-··---··-·-·r--·---------,--·--·· Site Layout and Logistics The ETGiBFA team will work to ensum that the final design incorporates a ..-•••• , • , • , • ,-,-• • , fl I ,-,t • , _, rac,my Iayout, wntcn maximizes emc1ency auring a11 pnases m me proJect. ur particular concern is tile 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, dtJcontaminatlon faciiities , ar,d stormvvater managernent faci lities vviil all be deterrnined under this task. Tf1e Site ,ayoui wiii aiso be c:iesigneci i:o accommoc:iai:e ine proposed rinai use or i:ne faelllty. Future l~nd use wlll be determined by the community and this informstion will be provided to tt1e ETG/BFA team. Detoxification equipment areas wi!! be designed to ensure efficient imolernentation of the BCD orocess. as indicated in the Phase li . ' ' report. It is anticipated that areas will range from unpaved to paved, . .. . .. coverea to uncoverea. It 1s assumea mat me areas 1aenm1ea 1n me Phase ll report will form tt1e 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, '.1) tr~~t!i-lri ~r".!! ::1nrl Ll ) r~P~n c:n!! -, -.,..-~-.--__ ,1 I....,..,,...,. '/ "-'''-'"-1•• _.....,.,,. 03/01 /2000 11:15 919-715-0584 HCDE&t,JR/PURCHAS I t,JG PAGE 12 3.4 3.3.3 Design of sof! managerr,ent procedures will also m1n:m1ze dust formation and migration. Because w ind blown deposition of dust particles represents tt1e most significant source of potential off-site ,...,....i ...... rr"'\+ir-.n n.f Pf""□.~ tho Cl('".:;/t:u:::-a. to-:Jrr'I u,ill 1JHrH·V ..-,.l,....c-,o.h, q,,i♦h +k-1 ill~: o~:._·:: u t : ·-·~·..J 1 :.:;-_ ~:w:w: :\ v,_u::: :n::11 :nn .. n :\ Ldu..=c;y ·11-.,1.,i til~ -- State to ensure the !atest, most applicable safeguards are in place. Building, Structures. Parking and Personnei Support Areas The facility design wi!! include temporary construction trailers located as shown in the Phase!! report. Under this task ETG/BFA. w!ii work rin~.:::ih, '"';+h +hP ~+:::i to ~nrl rnmn,1 ,n;f\J r~nr,=ic:~n+~+;\l~c The f, ,i-1 1r.c. '-'t .._,"--1.._,I, WWI'-'''-'''-".._,.\.'-""\.-'-"\1 1'-" ...,;"-Jll lt l l'\,.AIIII-J •-t-'•---IIL ..... ._, .. .._,~. t IJ ....... , .......... ,.._ use of the facility inciuding any permanent building(s) wili be incorporated into tlle community's reuse plan for the property after rlctr,vifj,-....,ti,...n '-'¥t-V/\lJIUUt.lUI I. A r,r~nJPI 1 ,~rkin,, ~rp::;; ,Ati!l hP nt,-1,i irl ~rl n~:::;r th~ 11 ~t~rl ~ntr~nr,=-. Tri ThP ~ ·v ,---· r-··-···;;, -·----··· --r·--·---··--· --··-;;;;,-.. ----·· .. ·~··--.__ .... ,...., facility. It will be adjacent to the construction trailers and designed to remain in use after detoxification. rn ,.. .. ,+~,..,--,;,-.,Q/.;;•,,; O.ori, ,r ... fi, ...... n 7 r 1n.cac-, ...._,,.._,I IL<.AIIJII JL,(LIVII I \\Jl,,.,H-.t\.Jt l •..fl l L-.<...JIIVO..:, The contamination reduction Breas will consist of decontamination pads, which drain to sumps, ancl portable units used as necessary' before equipment or per:sonne! can exit exclusion zones. The fina! _ system design is anticipated to be simi!ar to thet proposed in the · Phase II document. Infrastructure lmorovements 3.4 .1 E/ectricai 3.4.2 The site currently contains electrica.i servlte, which is not sufficient to meet the detoxification facility demand of the proposed detoxification eouioment. The ET(3/BFA team ,.111il! work closelv with I I . . " "' ~ · J · ' · ·' · ~ii Pi~t-:tfi,-:~i i:r-)r-1~i dt:=.nt tr-1 Pn-=!i ir"~ th Ci fin~: r~w~ifir-1 i-l ~~rl\, ria+~;:c th o -·. -·--.................. ---• , __ , .. _, , .. ,_ -· •--· -.. , , .. .,. ••• •-• ---•:::,'' '""'....,'-"'' 'I _ ............... ,,~ ... , ,,,_, detoxification power requirements. Access and Perimeter Ro ad improvements . . . . . . ... 1mprovemems necessary i:o upgraae ex1st1ng roaas or ou11a new ones to dea l 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 evaiuation. The improvements wiii attention will be paid to proper drainage and msn<;Jgement. stormwater 03/01/2000 11 :15 :Jl:J -715-0584 NCDE&t--!R / PIJRCHAS I NG 3.5 3.6 3.4.3 ATTACHMENT A L-Vater The ETG/BF P, team w!!! size and design a water transm!ss!on ma!n necessary to extend water services to the PCB Landfi!!. 1 he transmission main will run along the site access road from State Road i 604. Sufficient detaii wiii be provided such that a RFP can be issued_ Stormwater Management -· . 3. o_. 7 c.;1ean ::storm water 3.5.2 Site drainage will be designed to isolate clean stormwater from construction impacted stormwater. A series of swales; cuiverts and berms along the site access road , within exclusion zones, and around the contaminated sofl stockprle wili be designed to accomplish this task Clean water will be diverted to a lined pond north of the landfill. The ETG/BFA team will identify any special requirements for lining the pond. A conservative storrnwater event design standard vviii be determined ln concert with State rcau1'r-omonts and inroronr-::iterl intn tho fin--.., d'-"'.l"n anrl s;..,;n,., ,...,.; .._, • t VI 'lw>II I l 'l -'I, V I (,..H. \.. II '-I I.I iW Ill QI \;;-.) ~ I IU ,L Ii ~ U I retention and treatment structures. Construction \/later I\-,........._...__,,__+ ........ 1:-.-..-J ;..,.. •l-.-r"\L....._.._.,._ II ...J ,...._.,_..,. ___ .._ ..i..1 __ ~~---• _, __ : ___ _ r,.-:::, L.iUIILC::fJ~Ui;:111Lt;:U Ill Ult:: r !lci:::it:~ II UUL;Ufllt::lll, Ult:: lllli;:11 U!:?:::il9rl WIii convey impacted stormwater to a water treatment area consisting prirnariiy of activated carbon. Other design alternatives vvi!! be r.nn~idPrPri r1~ irinr1 th;.; fin~! riA_~ft'"°ii .. i nrrlt~;::::.;;:Q Th.=. h··-=-~+.r,µ11t µffi,~iµ,,,-~" --------------·-····v .,,,_ ····-· ~--·:::J·· r-·------···-.,. __ ,.,,,._,,.__,,,.,_,,..__..,,....,7 of each option will be evaluated and the best alternative seiected. Excavation PrO(;ess Design 3. 6. 1 Phasing atJd Site Management The final design will detail the plan and profile of the landfill during several phases of the construction process. !t is critical that a clear understandino of the excavation process be communicated bv the -' -., final design docurnents. lt ls anticipated that design details will be ~enerated for approximate!v ten (10) distinct ohases of the --. -. excavation process. This process will detail all critical components of detoxification. C 03/01/2000 11:15 919-715-(15B4 3.7 ATTACHMENT A PCB Sgjl Treatment gnd Process Desian Under this ts.sk ETG w1li ~rovide equipment performance requirements for the h~n J,(~rL ... r, ... ,-.i. ,------·-··· 1..-.• -.,,...-, ... J ,,.,...,,..., ..... ,+.h .-. .-,-.:! 4--r, ►"',....., +v-or'l+t".'lrl ..-,n~ +~8 □l'D l ..... ,nri-f=!! !:)GU l eau,1er1L µruct:::::.:,:.:, uc:;;::,ou UfJu,, u,c ~u11 Lu uo:::: uea,<:::u 011u ~11 · r ,._,u L..011u1111 treatment standards. A aeta11ea summary of ;::nases i anci ii wiii oe provicieci. Regulatory consicierat1ons 1ivi!I be addressecl. The exact detail of the process description will be thoroughiy discussed vvith the State during the design effort to provide enough detaii to interest potential bidders but not iimit potentia1 competition. iv1ore det2i! can be provided on standard subsystems of P-ouioment. inc!udino material hand!ino. Equipment reau!rements 'Ni!! be -4 1. ·1 , - specified for the following : • • Material handling and preparation Batch vacuum system (Solid Phase BCD) Continuous system (So!id P!1ase BCD) Liquid Phase BCD treatment Process wastewater treatment 3.8 ConfirmationNerification Sampling 3,9 -3. 8. 1 I nffow e.nc1 0(.1tflow In conce,i. with the State. the ETG/BFA team will design a sampling ;;ind testing progmrn sufficient to verify the vertical limits of excavation and t::at the residua! concentration of PCBsi ci ioxins of +.h""" + .. .-.,..,,+-..-J° 1..,,...,.-,+,,...,,..;~1 ;r" i-.,-"'1A\AI +hf"\ r-.c-+,,hi;c-ho~ "trcr:i-:"n-ic:in+ c-'7-::::J.r,~~r',~c 1,,JIC LICCILCU IIJOlc::;llOI 10 UVIVVV lllQ Q.;r~.,1,1.,,.11,..:::1ll'--'-" l.l.._.11;.,Lll.lll,._111. ...:,1.<..All......,LAI-.....-....J• EPA and state protocol will be adhered to in establishing the appropriate grid intervals far verification sampiing. Backfilling and Final Gradina 3.9.1 Logistics and Testing n 1 I ,..;,-,r, rl,....+,-..v~f;r...,+IAr"', +.,-,...,r1tl.""\r-l C" f""li iC' \111ill ho h--:i rlrti I lorl "':] n~ rf'""'.t""'Y"'l r"\~,...Torl LJUllll~ UCLUAJIIVOLIUl11 UCCll.C'-.J VVII~ V'l1 11 UW L.ICAUl\.ll.L\..,U C-4l1U uu11q,.JU.V\.'-·"·◄ in an . incremental fashion . 'fhe deslgn team wiii ensure that "'"ll"lrfillinr1 '"'...-...o.,-":l+!f"'\n~ "':)~o. 1-.h':l.eo~ ~• lt'h +ha+ if \Atiii n~+ f"'r.nfiirt \Mi+h l.o,lc:.l'-'1'\1111111~ .....,~.._,ICAl..l\.JJI~ ~I\.., t-'111".AV'-" ...... .,_;,....,...._,,, '-11_ .. ,,_ •V••• .,,._,._ ._,.....,,,,.,._, ... .,.,,,.,, excavation and PCB soil treatment operations. Backfilled soil 'Nill be tested for cornp2ction after each lift, and vvater v,;ill be added from the stormwater area to the nortt1 as necessary to achieve optimum moisture content The topography of the closed facility will be graded to accommodate the property's future use. 0a10112000 11:1s 919-715-0684 t'-lC:DE&NR ! PURC:HAS I NG PAGE 15 4.1 4.2 Task 5 ATTACHMENT A ~i+a· Co~i::artt~ii6n nw~iliri _, ..... ■,--·-···--·-,· ---·.::1·· Commw_nity Reuse Elan Meetings Representatives from the design tearn wili coordinate dosely with c6rn rnw1ity leaders and the State in an effoii to include desired future land use into the final design plans and specifications. Two meetings with community officials are t. . ..L ' ' .u . .J. t an iCipatea unaer L:l iS ta5K. Regw!atorv Coordirv'ltion Tht=i rlP.i:;inn tA~m will meet with reaulatorv 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 i'ho rloc.i.-.n +onm \Mill rlo111=>-lnn :'.'.lnr1 w ritP tho fnllrnMinn wnrk ni::ms :;inn rP.norts in ,'j(:(:()fdance I I,,._, """'-"""'1~1 1 lo--• I I •• ••• --• -•-£" ..,_..., ,...,,.. •• • •---• •-• -••-••••",CJ • • -• • • r ·-·· ·--•• · -· -1--• •-' •• · -• ----· ---• -- with the outlines provided in the Phase II rep ort, wt1ile incorporating the results from any additional investigation(s) and applicable protocol. A!I plans will be developed with involvement from the com n1u nlty and concurrence from the State. Representatives from Warren County wi l! also be consu!ted during preparation of the community involvement e-"\1-.,-. tJIC:UI, 5.1 5.2 5 .3 5.4 5.6 5 .7 5.8 5.9 i:: 1n J . IU QetQxjficatioo Design..Work Plan and Schedule CommlJl]ity Involvement Plan Project Health a.nd Safety Plan Performance Demonstrat_t911_ P!an Air f1i1nnitnrinn Pl::in { •• -· • ··-••• "iiiii' •••• ~its Operations Plan Quaiity Assurnnce Pro_ject Plan Finai Ver1ficatioo/Q.Qllfjrmstio n Sampiing Pian r.onstrur.tion Ot.Ja.lity~•\~swn:mc~ .. Ex9.iect Plan Ernarc8ncv Resoonse P!2n 03/01/2000 11:15 '319-715-0584 t'-lCDE8NR / PIJRCHAS I NG .A. TT.A.Crii\l! ENT .A. 5.11 Final Design Report Ta!!k 6 • • • • •• l • , ,I.; ,:.L~--.• __ ...z_. _____ _i _j ___ :_.__ .i.i.....-. :......_..._j _ _.__...._..,_.i,--.J.:~--. A report summanzing me aes1gn acnvn:1es pt!r rur rnt:u uu111 1~ u ,e 1111p1t;:::1 r 11:::1narn..J1 1 ~-~ 4~~'-s -1 +h ... ,....u,...h 4 ab"'"8 v1ill ho r-!C>\/olnn,:;a.rl ~nrl "'' 1bmitt,e,,-f to thP. ~tat"' ~t Rno;; Ullc~:rul'\'"'!\.lilY '~11 vv •:,:-u\..,uvvv: .... ✓t--'~~i..,,,,_....,'"'". "'""'-• ,, ..... ,..,.,_.,.._W'l_.,...,..,Q; 90 %; and "100% cornpletion levels. The design team wi!! submit five (5) sets of drawings (11" x 17") and specifications (an d one full size set) to the State at the 60 % and 90% compietion levels and five (5) sets of drawings (11 " x 17") a~d specif1catlons 1,,.. ~d ~ ~ ~ ... ,II ,..;..,.e .--,--,+\ +,-, ♦hr. c:t~to -::it tho 1 nnor~ rnn,n!i=>tinn li=>\/1::,I At thP-tirni=> nf li;:l.11 UJ IC IUII ;j(L ~Cl/ LU ll lC '--JLC.,U.~ LIL ll IV I....,"-' /\J ,.,.n...,, t lt,J ........ ,._, I J ...... "' ........ ' \\. 'LI·-~,.. ,_ -1 the 60%, 90% and 100% submittals; a meeting will be held with the State ............ ,.,. ......... +.,,+i.,..... r,n th ... h=ocii<> nf th ... r,:,11;P\I\/ r.ni"'r"lm6'11nT!". ~nd lilP.Atino!". ::.II ltRn1R IO"t-J'lv"¥¥1 ILC4'1.IV.._,.,_,, -\• .,,,..,_ ,,...; ..... ...,,_ -..-• ••·-·--·-••, --•••••·-·••-, -··-···---···.,::,-, -··· ·--···- will be addressed and resolved before the design team proceeds to the next percentage compietion level. The design team will submit ten (10) full-slze sets ,....,♦ +-""-..-. 'Pin"31 rlr'=l\11.,inr-rc -::,nrl c;:nprffir::::itinnc \;-.JI u ~v j;11 0 ; u1 c..i vv 11 t~v ~• :!,.,J <-.J}-J\...,UIIIvu1.cv1 : .. J, Permitting A5sietance The design team wi ii prepare ciocurrienb, _1 _ ·-• _ _ _ __ I _ .• I_ J.! _ ·-_ ue::;1~11 Ll:tlLUlcillUI 1::,, ..J ___ ···---I I letµ::,, UI GIVVIJ l~->1 specifications and applications that are required to obtaln the approval of agencies having jurisdiction over the project and to assist in securing permits required for construction or selected project components. it is anticipated that permits will be obtained for th ose components of the project wh ich might be constructed during th is contract They include but are not limited to initia! site prep2:-2ticn and dra in age improvements. Treatment related •• t' ·'···•--• ••. =.11_:_ J.!_: __ ....................... .& •• , ....... -1.,. permits are nor 1nc1UOE;JU WIL! 1111 ll"llb bl;VJ-1~ UI VVUI I"\. 03/01 /2000 11:15 919-715-0684 t'4CDE&t'4R / PURCHAS I t'4G PAGE 17 • --a-••••-••.._• A I I Al.it11VIC.I\I I I -------.... ----••-•• --••---• •--•-•• _..._"-,-.ft A all,. ASSUHANl.it:~ -NUN \.;UN::i I J1Vl.i I IU1" rnvunl-\lVI.> Tile CONTRACTOR certifies that \Nith regard to: 1. 2. DE:8ARMENT AND SUSPENSION -Tc the best of its know!edge and belief that !t and !ts princip~!s: (al are not presently debarred, suspended, proposed for debarment, declared ineligible; or voluntarily ex.ciuded from covered transactions by any Federal Department or agency; (bl have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminel offense in connection with obtaining, attempting to obtain, or performing a public (Federai, State, or I .... ,_~?\ •r'"'~ ..... ~~+i"n .-.~ .~l"'ln'T"Y~r.t 11ndcr .... n11h!L ...... Tr~n<:~rtinn· uin!~tirin nf FP.rlPrR! nr StRt? ~~I_;~!: !.. ~! !C!:!~ !..!'-'! ! '-'! '_d_.l! ! ~! ~~"-... ': ':--'I''-''"""' G :-,-''-' UI IV 1.1 \.Al t...,'-4_ "'-· • ! • .u.-........ 1 -o o ...;_ ~. -· .... -----· antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record:,, m~l<ing felse stetemente, or receiving stolen property; (cl are not presently indicted tor or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) w ith commission of any of the offenses enumerated in n~r~nrs:inh /I\ l(,\ n f i·hic; r.ArTific'!.;Hiir-,n : rind ,-.-•-;;;,•-..... ·· ,., ,-, -· -···---·-···---·-··, --·- (d) have net within a 3-year period preceding this application/proposal had one or more public transactions {Federni, State, or locai) terminated for cause of default. LOBBYING -To the best of his or her knowledge and belief, that: (a) no Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 awarding of any Federal contract, the making of any Federal grant, the making cf any Federal !oan, the entering into of any cooperative agreement; end the extension, com:!nuetf on; renew a!, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (bl if any funds other than Federal appropriated funds have been paid or vvi!! 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.re! contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form~LLL, "Disclosure Form to Report I ""hk,;inN11 in ;:.,:cnrd;;n,;~ vvith its instruc tions_ ----,·••.::, ... ----·------·-·-·· ·--····---·--·-· -· 1 of 2 03/01/2008 ., , • "Ii= .1..1. • .1.._1 ':ll S-715 -0584 .. 4. 6. {a) publishing a statement notifying employees that the unlawful manufacture, distributlon, dispensing., possession or use of a ccntrc!!ed substance is prohibited in the grantee's workplace and spe-cifving the actions that v . .'!!! be taken against employees for vio!atlon of . _, ____ L:L:~'._._ ...... sucn µr ur 11u1 uv1 ·,, (bl eliitablishing ei drug-free av,;areness proQram to infor:-:-i arnp!cvees ai:Jout - (ii . the dangers of drug abuse in the woikplace; (2) the grantee's policy of maintaining a diugTfree ·vvoikplace; (;j) any ava11ao1e cirug counseiing, renc1oiiiieri:1oi-1, t1i-,d !;:ffiµivyt:i:: ;;;;;3(;;L;;;,,co:= p,u~iciiii5; and (4} the penalties that may be imposed upon en1pioyees for drug abuse violations occuiiing in the vvorkplace; (c) -· making it a requirement that each employee to be engaged 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 (al above, that a.s a condition of employment under the grant, the employee will - (f) ( 1) abide by the terms of the statement; and {2) notify the employer of any criminal drug statute conviction for a violation occ1.ming ~n the vvorkp!ace no !ater than fiv e d~ys 2!ft8r such conviction; •1 • , ••• • . f "'• • • ,, f I I I 41 ,...,\ nnt1tv1r'lt1 thA ~aP.ncv w1tn1n ten oavi; arter rece1v1na notice unoer suooaraara□ n 101 1Li • •--••I •• •..;,., -•. ---,_, •' • I I -• ..... , l!lbove, from an employee or otherwise receiving actual notice of such conviction; taking one of the following actions within 30 days of receiving notice under subparagraph (d) (2) above, w ith respect to any employee who is so convicted - (1) taking appropriate personnel action against such an employee, up to and including terminetion; or {2} requiring suc!1 en;p!ovee to partt.c.!pate ~.at!sfactor!ly !n a drug _abuse assistance er rehabilitation program approved for such purposes by a Federai1 State, or [ocai health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain 21 drug-free workplace through implementation of paragraphs (a)i (bl, (c), (d), (eL and (fL ab;ve.' Will comply with the provisions of the Hatch Act which iimit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Wili ~nmnlv. ~~ ~nnlir.:"thli:.. with th Fi nrnvii::inn~ nf t hA n::ivi~-R::ir.nn Ar.t. thA r.nnP!,rnrl A (~i . and the -···· --·-·,--,, ---,-r-··-----, ···-·· --·-.-·--·-------· --------------·. ---, -··---,--·-··--·--~ - Contract Work Hours and Safety Standards Act regarding labor standards for federally ass isted construction subagreemems: \tv'iH compl\l \;Vith aH app!icabJe requ frements of a!l ot!:er federaJ !av•.;~, executiv~ orders, reg~!at~c-ns .... .--J -..-..r·.,...• ......... --· ·----·--•L-.."-. _.,..,...,,,....,.,..,_.., Cll lU ~UII\.JU::1.;:> ~UVOI I Ill I~ Ir.I q.:;i tJI \.J~I CJ.111. 2 of 2 03!01!200~ 11:15 NCDE8:NR /PURCHASING PAGE 1q • NOPtTH CAPIOLINA DEPARTMENT OF ENVIRONMENT AND NATURAL Re:soURCl!:S U1v1s10N Oir i=UKi:MADii: ANM ~;:;;..;:=::=: 21D m ._7 n 2; 35 AMENDMENT NO. 1 AMENDMENT TO CONTRACT NUMBER N9008 Rl=TWFFN ETG ENVIRONMENTAL AND THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Pursuant to paragr~ph 14 of ContrBct Number N9008, tha Department of Environment and Natural Resources and the Contractor mutually agree to change the contract ending date from January 31 , 2000 to M~rnh 1 ~: 2000. It is the intent of this amendment to address the provision(s) noted only, and In no way should this r,rner,dment be construed to furthlilr modify this contract. Please indicate acceptance by your signature below. Approved: -....... . ~ ~ ll a r.. )~ Laird A. Davison, DENR ' Return one (1) duplicate original to: Purchase & Contract Section, U-;:•N•;:; -· .. · _.,, ~--··-'-------1 ~-·••=---1~f\h r.11.,.:1 C6"";,;_ ... rant-or ~ ,, UIVISIOn 01 rurClltl::S~ t:111u .:io,v11.,oo, ,..,,..,.., IYl<,;111 ...... ,v,~~ ~---~--, Raleieh, NC .27699-1605. cc: Brenda Rivers/Pat Backus, Waste Management DUPLICATE ORIGINAL P.O . l!OX Z7897, RAL-.IGM_, NC Z761 t ·7097 I !51 a NORTH ■ALt•BVftY ST,u!:E:T. RA~II.IG'1, NC Z7804 PHON• 81 B•73;9-874l' F1'AX 111 ■•71 IS•O&a.4 www.etvlr.atata.nc.u$IEHNR AN E!QUAL QppORTL/NITV / AFFIRMATIVE 11.<:TION E:M~l.OYE" • !/10% ot1<c:Yc:Lt:t,t1 O'lt, l"'ObT·CON!IVMEP! ,.,_ .. .,,. i ' 1/MACTEC Mr. Mike Kelly Special Assistant for Environment and Health State of North Carolina Office of the Governor 4021 Carya Drive Raleigh, NC 27610 Dear Mike: February 8, 2000 Subject: Warren County PCB Landfill Detoxification This letter is a response to several issues which we recently discussed regarding the Warren County PCB project phase funding, permit activities, competitive procurement and budget. During our recent meeting you requested additional information on the amount of work that could be performed by ETG/BF A under a phase funding program for the Warren County PCB detoxification. ETG/BF A has performed an evaluation of what can be accomplished with initial funding of $8 Million, with a target goal of providing the BCD processing system, performance testing and initial processing operations. Our review has indicated that we can accomplish this goal by using creative approaches for the system and initial operations. ETG/BF A will utilize existing equipment from our inventory, lease/rent certain equipment, and take the approach of expanding equipment and site resources as more funding is allocated. ETG/BF A will provide the following with the initial $8M funding, assuming authority to proceed is provided prior to March 15, 2000: 1. Permit application preparation 2. Equipment procurement and preparation 3. Site preparation 4. Equipment mobilization and set-up 5. System de-bugging 6. Pre demonstration operation 7. Performance testing 8. Initial operations 9. Community relations interface Regarding the equipment, ETG/BF A will deploy a full processing system as depicted on the process flow diagrams (PFD 200-206) recently submitted in ETG/BF A's final design package, with some minor modifications. The liquid BCD system (LBCD) will be ETG/BF A's currently owned system utilized for demonstration purposes. This system is smaller than the unit specified for full-scale operations, however it is capable of 5205 Militia Hill Road, Plymouth Meeting, PA 19462 610.941.9700, (Fax) 610.941.9707, (Home Page) www.mactec.com ' ~fr. Mike Kelly CB Landfill Detoxification ebruary 8, 2000 f~2 . ocessing for demonstr~tion purposes. As additional funding is appropriated, a larger ll-scale system can be mstalled. imilar approaches will be taken on other system components primarily in the area of quipment size and redundancy. Full sized continuous BCD (CBCD) and batch vacuum tCD (BBCD) units will be provided. Initially an equipment rental approach will be ilized as much as possible (with the option to convert to direct purchase) and will volve such systems as (1) Screening system, (2) Feed hopper/conveyors, (3) Site t ailers and supporting equipment, ( 4) Emergency generator, ( 5) Filter press system, and ~) Various tanks and ancillary equipment. ETG/BF A will provide as much equipment f:rom our inventory as possible and will defer reimbursement (at substantial risk to IETG/BF A) from NCDENR for this equipment until additional funding is obtained. This -quipment will include (1) Batch vacuum BCD system (BBCD) and vapor recovery ystem, (2) Pugmill system, (3) Flamless thermal oxidation system, (4) Cooling tower ~d chiller, (5) Various conveyors, (6) Emergency generator, and (7) Liquid BCD system. ETG/BF A will conduct a detailed equipment review with NCDENR personnel ihunediately upon notification to proceed. I our meeting last week with EPA personnel from the Office of Pollution Prevention and oxics, the ETG/BF A BCD system design was presented and a detailed discussion was onducted regarding the requirements for permitting. After review of our system, EPA ~ersonnel stated that the first step would be to prepare a TSCA permit application. Copies t this application format were provided to us. Based on work already accomplished, f TG/BF A estimates that 45-60 days will be required for permit application preparation f1d submittal. Upon receipt, EPA estimates a 3 month review ( with interim questions d meetings ) prior to approval. E lf ollowing permit approval ETG/BF A will begin pre-demonstration processing for the rpose of equipment shake down and initial air and processed soil testing. After this tial operation, performance testing will be conducted. Data from the performance tests 11 be collected and then analyzed by the EPA over the next several months. During this talysis, conditional authorization to continue processing (interim operation) would be ovided as long as favorable data is developed in the pre-demonstration phase. Full perational status would be granted after the performance demonstration data was pproved. is important to note that this permitting process as outlined by the EPA can be onducted concurrently with equipment procurement, site preparation, and mobilization ith no anticipated delays to the schedule. egarding competitive bidding, as you know competitive bids were solicited by CDENR on Phase I and II of the Warren County Detoxification program and ETG was the only bidder to respond. As highlighted in our proposal of January 7, 2000, ETG is the 1 nly licensee of the BCD process who is actively marketing the technology and has full cale operating experience for BCD applications in the US. Any other company who may Mr. Mike Kelly PCB Landfill Detoxification February 8, 2000 Page 3 express interest will have to "learn on the job", as ETG experienced in several of our earlier projects. However ETG/BFA is sensitive to the desires ofNCDENR to obtain competitive bids. Accordingly, ETG/BF A will agree to a contracting approach that will provide NCDENR review and award consent on all subcontracts and materials required for the project. Procedurally, ETG/BFA would solicit a minimum of three (3) competitive bids on all subcontracts, materials and supplies required for the project that is greater than $25K ( or other threshold level required by State procurement practices) in value. These bids and recommendations by ETG/BF A will be reviewed and approved by NCDENR prior to ETG/BF A's award. This approach will offer assurances to NCDENR that competitive procurement is accomplished. As a result of the recently completed detailed design (Phase III) which has been submitted by ETG/BF A, and the above review by ETG/BF A on phase funding, ETG/BF A anticipates a lower cost estimate to complete the construction (Phase IV). Assuming a contracting approach similar to that presented in our January 7, 2000 proposal, and removing contingency allocation, ETG/BF A estimates the project cost to complete in the $18 M range. In summary, ETG/BF A is confident that we can proceed on the Warren County Detoxification construction phase and be in the field to process material by the end of 2000 with the initial $8M of funding that has been allocated as long as notification to proceed is granted by March 15, 2000. ETG/BF A is prepared to work under a phase funding approach. A review and coordination has been made with the EPA regarding permit requirements, which will fit into the timetable. A bidding review and award consent approach can be coordinated with NCDENR to assure competitive procurement. A revised project budget in the $18 M range has been determined. If you have any questions on the above, please contact me. Cc: P. Backus, NCDENR Very truly yours, Mactec 7~ . , 1 _ .. ·~e~✓- /Ron~ J. Bacskai ' Pre'1dent ~es, F_erl~,;t::• Inc. Pt~ames, P.G. President Invoice Invoice Number: 2853 Date January 31, 2000 ETG Environmental, Inc. 16 Hagerty Boulevard West Chester, PA 19382 (610) 918-1100 Fax: (610) 431-9140 To: Contract Administrator Ship to (if different address): DENR Division of Waste Management 401 Oberlin Road, Suite 150 SAME Raleigh , North Carolina 27605 Attn: Patricia Backus Project Manager Order No. Job Number Date Shipped Rick Shoyer N9008 4040 N/A QTY. DESCRIPTION Prepare Phase Ill final design documents for full scale 1 detoxification of PCB landfill in Warren County 100% complete contract -Monthly payment cycle Total Invoiced to Date $525,550.00 Please make check payable to: ETG Environmental, Inc. 16 Hagerty Boulevard West Chester, PA 19382-7594 F.O.B. Terms N/A Upon Receipt UNIT PRICE TOTAL $105,110.00 $105,110.00 TOTAL DUE $105,110.00 WARREN COUNTY PCB DETOXIFICATION-REDEVELOPMENT PROJECT CITIZENS ADVISORY BOARD 720 Ridgeway Street Warrenton, N.C. 27589 phone 252-257-1948 -fax 252-257-1000 Dollie 8, Burwell, Chair Jim Warren, 1st Vic;: Ch;1ir Daria Holcomb, 2nd Vici:: Chair January 20, 2000 The Honorable James B _ Hunt Governor of North Carolina l 16 W_ Jones Street Raleigh) NC 27601-8001 SUBJECT: Warren County PCB Landfill Detoxification Project Dear Governor Hunt : I am writing this letter to reiterate our appreciation for your commitment to the detoxification and redevelopment project at the PCB Landfill in Warren County. We realize that much of your attention and that of the rest of the state has been focused recently on the flood disaster in eastern North Carolina. Please know that we appreciate the work you are doing there, and that our prayers and sympathies are with those suftering from that tragedy. We want to point out. however. that there is a very irnponant process going on toward the remedy of the Warren County tragedy which has plagued this community for many years. The work done in this community by the state and local citizens and their allies has been fruitful; we are now very close to finalizing design for the detoxification process. All systems are moving very well toward beginning the actuaJ detoxification, and the related community participation aspect of the project are coalescing just as well as planned. as you know, the federal matching funds have not yet been approved. However, we understand from DENR's Sheri Evans-Stanton that the state money, although reduce by $1.4 million which has been diverted to the immediate tlood relief need, is otherwise intact. Warren County citizens remain concerned that unless inu11ediate action is taken, the begirming of construction activities will not occur this year. vemor James B. Hunt , 2000 Numerous activities must be completed before actual detoxification can commence. Site preparation, equipment delivery/set-up, permitting, and start up, are examples of some of these activities. We were informed by the state consultants, ETG/Bf A, that these activities require that a contract be awarded by 3/1/00 if meaningful construction is to take place in 2000. To that end, the ETG/BFA team has prepared a proposal which expedites the construction process in a phase funded approach using the funds already committed to begin, instead of waiting for fuil funding. That proposed approach has been presented to the State's Project Manager. The warren County Citizens Advisory Board urges you and your office to support it as it is the only way to truly meet the needs of all the project stakeholders. Once again, we appreciate your commitment to us, most recently stated at our meeting with you in Juiy. During that meeting you indicated that even if federal monies are not approved you will ensure that the State fulfills its commitment to Warren Count y before you lea ve office. We look forward to joining you at the groundbreaking ceremony' Also, we look forv.,ard to receiving a response to this letter from you very soon . Sincerely, ~ ;J, SJJuutLI!~ (/ f Dollie B. Burwell, Chair Warren County Detoxification and Redevelopmertt Ad visory Committee Cc: Senator Frank \V . Ballance, Jr. Rep Jones W. Crawford Jr Rep. Stanley H Fox Congresswoman Eva M. Clayton TO .d an ,v.ARREN COUNTY PCB DETOXIFICA.TION-l{EDEVELOP1\1ENT PROJECT CITIZENS ADVISORY BOARD 720 RIDGEWAY STREET WARRENTON, N.C. 27589 FAX COVER SHEET ---J TO: Mike Kellv ________ ......... ___ _ FROJ\!1 : Robin Lee, Secretary' DATE: January· 20, 2000 Nrn11ber of pages (including co\·er sheet) 3 . To make you av.:are of this letter l[:01 00, ll UE[ fu ,. Patricia M. Backus, PE Division of Waste Management 401 Oberlin Road, Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 ext. 308 Fax: 919-715-3605 Fax To: Rick Shoyer Fax: 610-941-9707 Phone: 610-941-9700 Re: Letter to Jim □ Urgent 0 For Review • Comments: From: Pat Backus Pages: 3 Date: January 28, 2000 CC: D Please Comment D Please Reply □ Please Recycle I thought you might be interested in getting a copy of this. The CAB sent this to Jim Hunt urging his support of the proposal ETG/BFA prepared. ... '. ' r ,:;)<J.., l\" .. , ,, • , ·, ..• , j ~A~;- McoEMR JAMES B. HUNT JR, GOVERNOR BILL HOLMAN SECRETARY WILLIAM L. M_EYER ·' DIRECTOR -··,., . -.. .. .. _.. ~-.·\·; ·,:1 .... \· NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT December 16, 1999 MEMORANDUM: TO: FROM: MICHAEL BRYANT, DENR CONTRACTS & PURCHASING PAT BACKUS ..4»,.,,h DWM r•·-.., SUBJECT: EXTENTION OF CONTRACT WITH ETG ENVIRONMENT AL (DENR Contract No. N9008) The department's contract with ETG Environmental for the Phase III final design for the detoxification of the Warren County PCB Landfill ends on January 31, 2000. A topographic survey of the site, which was essential to many of the design drawings, took much longer to complete than estimated. This task was part of the critical path of the project and delayed completion of the project by approximately six weeks. ETG has indicated that they will be finished with the entire project and provide all the plans and deliverables for our review by January 27, 2000. Our contract with ETG states that the final payment will be made only after the state has approved the completed final design documents. Through this letter, I am requesting that the contract be extended by six weeks to March 13, 2000, to permit the department to thoroughly review these documents and resolve any outstanding issues. Please call me if you have any questions. Thank you for your help in this matter. I 646 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1646 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-71 S-36O5 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER· 50% RECYCLED/10~ POST-CONSUMER PAPER Patricia M. Backus, PE Division of Waste Management 401 Oberlin Road, Suite 150 Raleigh, NC 27605 Phone: 919-733-4996 ext. 308 ! a~ :.Al····■·.•·-■----• Fax: 919-715-3605 NCDENR Fax To: Michael Bryant and Kathy Norris Fax: 715-0684 Phone: 715-3891 and 715-3888 From: Pat Backus Pages: 2 Date: 12/16/99 Re: Extension of ETG Contract CC: 0 Urgent □ For Review □ Please Comment □ Please Reply • Comments: Attached is the short letter you requested. I will put the original in the mail. Let me know if I need to do anything else. Thanks. □ Please Recycle ., HCT I U I T1..-1 F~EPOPT ..-T ·=·=· ··• •• I I ■• 12. 1E,. 1999 9197153605 SOLID WASTE DIU DATE T !ME DURATION REMOTE ID MODE PAGES RESULT 12.13 16 :02 01 ·' 53..., 89107931493 G3 3 0. K . 12.14 09:08 I) 2 ·' 4 4 ·'' 49(1 074 7 4 0 . K. 12.14 11):36 0 2' 41 " 91[1 396 418:,: ECM 6 0. K . 0 1 ·' 2(1 n 91[1 39E, 41::::,: ECM 3 O.K . 12 .14 14:31 919840138:3 ECM 7 0. K. 12 .14 17:09 01 ·' 51 ·'·' 919 7153060 ECM 4 0 . K. 12.15 (1::::5(1 88286250171 G3 0 fLG .20 12.15 c1:::::51 E,25 ~3171 G3 4 0. K. 12 .15 11:3~: 0 0' 59 '' 919 778 54(1::: ECM 2 0. K. 12 .15 12:15 ~3 1 ·' (18 n 33E, 771 4631 ECM 4 0. K. 12 .15 13 :43 0 (1' 013" 83366264796 G3 0 INTER RUPT 12.15 13 :46 83366264796 G3 0 INTERRUF"T 12 .15 15 :04 (11} 28.'J 89104844'378 ECM 3 0. K. 12.15 15:27 '354421 '39 G3 (1 INTERR UPT 12 .15 15:28 C,11 -'07.'J 9195442199 ECM 3 0 . K. 12 .15 15:38 00 -'23.') 919 716 693'3 ECM 0 . K. 12 .15 16:37 00 _. 35-'-' 919715016E, ECM 0. K. 12.15 !E,:44 0 (1 -' 2 6 n 7(14 E,54 7825 ECM 0. K. 12.15 17:54 00 ·' 40·'' 910 998 7560 G3 0. K. 12.15 1::::2(1 (12 ·' (1(1 .'} 82::: 698 5154 ECM 4 0 . K. (3 3 0 fl. G. 21) 12.!E, 1(1 :1 5 0 1 ·' I) [1..., 91(1 396 418:,: ECM 2 0 . K. 12. !E, 12 :32 (1 (1 .' 34" 91(1455676 7 ECM O.K. 12 .16 12 :43 0(1 .' 27'' t:919735'3684 ECM 1 0 . K. 12 .16 12:55 0 1' 1 9 ·'' 88282516452 G3 2 0 . K. 12.16 13 :03 0(1 .' 24'' 1252523935::: ECM 0. K. 12.!E, 13 :45 252 559 2535 ECM 13 0 . K. 12.16 14:51 (11 -'26n '319 829 4529 ECM 3 0 . K. 12 . 16 14: 58 0 (1 ·' 0 (1 " G3 0 INTERR UPT 12 .16 14:59 '319 715 0684 ECM 2 O.K . Invoice Invoice Number: 2851 Date December 11, 1999 ETG Environmental, Inc. 16 Hagerty Boulevard West Chester, PA 19382 (610) 431-9100 Fax: (610) 431-9140 To: Contract Administrator Ship to (if different address): DENR Division of Waste Management 401 Oberlin Road, Suite 150 SAME Raleigh, North Carolina 27605 Attn: Patricia Backus Project Manager Order No. Job Number Date Shipped Rick Shoyer N9008 4040 N/A QTY. DESCRIPTION Prepare Phase Ill final design documents for full scale 1 detoxification of PCB landfill in Warren County Four-fifths of contract -Monthly payment cycle Total Invoiced to Date $420,440.00 Please make check payable to: ETG Environmental, Inc. Post Office Box 7777 -W2840 Philadelphia, PA 19175-284 F.0.8. Terms N/A Upon Receipt UNIT PRICE TOTAL $105,110.00 $105,110.00 TOTAL DUE $105,110.00 Invoice Invoice Number: 2849 Date November 11, 1999 ETG Environmental, Inc. 16 Hagerty Boulevard West Chester, PA 19382 (610) 431-9100 Fax: (610) 431-9140 To: Contract Administrator Ship to (if different address): DENR Division of Waste Management 401 Oberlin Road, Suite 150 SAME Raleigh, North Carolina 27605 Attn: Patricia Backus Project Manager Order No. Job Number Date Shipped Rick Shoyer N9008 4040 N/A QTY. DESCRIPTION Prepare Phase Ill final design documents for full scale 1 detoxification of PCB landfill in Warren County Three-fifths of contract -Monthly payment cycle Total Invoiced to Date $315,330.00 Please make check payable to: ETG Environmental, Inc. Post Office Box 7777-W2840 Philadelphia, PA 19175-284 F.O.B. Terms N/A Upon Receipt UNIT PRICE TOTAL $105,110.00 $105,110.00 TOTAL DUE $105,110.00 07/15/1999 10:12 919-715-0584 NCDE&NR /PURCHASI NG DATE:~~~~f/-~-~---- NO. OF PAGES:~'f ___ INCLUDING THIS PAGE \ \ To:__i?8_7~c/lt1"1 -01v. ~1b /11,Nt- F AX NU1v1BER: 7 /,S'.-, 2& l)s' TELEPHONE NUMBER: ------------ FROM:j'v}, :JIAtLcs.2F l'vffiSSAGE:......,.A....L..~L.L,..°(--~--~------~~!;~~:t;:;:1:: 8 .... ~,~ . ·~ .• Laird Davison Dolan Simmons Lynn Lee Kelly Belvin Forrest Wilson Larry Williams Theresa Butler (919) 715-3880 (919) 715-3877 (919) 715-3869 (919) 715-3867 (919) 715-3873 (919) 715-3875 (919) 715-3885 I/Michael Bryant Pat Powell Traci Rains Jo Anne Keith Kathy Domico Theresa Watkins Kathy Norris (919) 715-3891 (919) 715-3893 (919) 715-3889 (919) 715-3884 (919) 715 -3882 (919) 715-3895 (919) 715-3888 NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF PURCHASE AND SERVICES 1605 MAIL SERVICE CENTER RALEIGH NC 27699-1605 512 N SALISBURY STREET RALEIGH NC 27604 Fax (919) 715-0684 PAGE 01 07/15/1999 10:12 ORM PSF-10 ~EV. 11/98) 919-715-0584 NCDEgNR/PIJRCHASI NG ST ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF PURCHASE AND SERVICES GENERAL CONTRACT TERMS ANO CONDITIONS PAGE 02 Page 1 of 3 READ, REVIEW AND COMPLY: It shall be the bidder's responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein. NOTICE TO BIDDERS: All bids are subject to the special terms and conditions specific to this Invitation for Bids, the specifications, and. ths North Carolina General Contract Terms and Conditions. The Stats objects to and wlll not evaluate or consider any additional terms and conditions submitted with a biddsr response. This applies to any language appearing In or attached to the document as part of the bidder's response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS. By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by 1he bidder, to accept any item in the bid. If either a unit price or extended price is obviously In error and the other is obviously correct, the incorrect price will be disregarded. TIME FOR CONSIDERATION; Preference may be given to proposals allowing not less than 30 days for consideration and acceptance. TAXES: No taxes shall be included in any bid prices. a. FEDERAL: Generally, states and political subdivisions are exempt from such taxes, ae excise and transportation. Exemption is claimed under Registry No. 56-70-0047K as provided by Chapter 32 of the lntemal Revenue Code. b. OTHER; Bid prices are not to include any sales, impon, or personal property taxes. To the extent applicable, they are to be invoiced as a separate item{s), RESALE PRICE MAINTENANCE: The State of North Carolina has no Fair Trade law, and this or any other type of resale price maintenance exercised in prices offered will be subject to appropriate legal remedies. AFFIRMATIVE ACTION: The successful bidder will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, without regard or discrimination by reason of race!!, color, religion, sex, national origin or physical handicap. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #77, the State invites and encourages participation in this procurement process by businesses owned by tninorltles, women, and the disabled, and by disabled business enterprises. CONDITION AND PACKAGING: Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and in first class condition, that all containers be new and suitable for storage or shipment, and that prices include standard commercial packaging. 0. PERFORMANCE AND DEFAULT: The State reserves the right to require performance bond from successful bidder, as provided by law, without expense to 1he State. Otherwise, in case of default of the contractor, the State may procure the articles or services from oth<1r sources and hold the contractor responsible for any excess cost occasioned thereby. 1. SAMPLES: Samples of items, when required, must be furnished as stipulated herein, free of expense, itnd if not destroyed will, upon request, be returned at the bidders expense. Request for the return of samples must be made within 10 days following opening of quotations. Each individual sample must be labeled with bidders name and item number . . 2. MANUFACTURER'S NAMES: Any manufacturer's names, trade names, brand names, information and/or catalog numbers used herein are for purpose(s) of description and establishing general quality levels. Such references are not intended to be restrictive and products of any manufacturer may be offered. 13. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful bidder will be held responsible therefor. Deviations must be explained in detail on an attached sheet(s). 14. SAFETY STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connecton to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requiras the label or re-examination listing or identification marking of the - appropriate safety standard organization, such as the American Society of Mechanical Engineers for prtissure vessels; the Underwriters' Laboratories and/or National Electrical Manuracb.Jrers' Association for electrically operated assemblies; or the American Association for gas operated assemblies, where such approvals. of listing have been eotab!ished for the type(s) of devices offered and furnished. Further, all items furnished by the successful bidder shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. 07/1 5/1999 10:12 919-71 5-0684 HCDE&~~R / PIJRCHAS I HG PAGE 03 Page 2 of 3 5. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders tnus:t furnish all information requested and in the spaceg provided on the bid form. Further, as may be specified elsewhere, each bidder must submit with his proposal cuts, sketches, descriptrve. literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous quotation will not satisfy this provision. Quotations which do not comply with these requirements will be subject to rejection. 8. TRADE DISCOUNTS: Trade discounts, when quoted, should be reduced to a single percentage; for example, instead of 50, 1 o and 5 percent, the discounts should be stated at 57 1/4%. 7. AWARD OF CONTRACT: As directed by statute, qualified quotations will be evaluated and acceptance made of the lowest and best quotation most advantageous to the State as determined upon consideration of such factors as: price offered; the quality of the articles offered; the general reputation and performance capab!llties of the bidders; the substantial conformity with the specifications and other conditions set forth in the quotation; the suitability of the ar1iclss for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by the State to be pertinent or peculiar to the purchase in question. Unless otherwise specified by the State or the bidder, the State reserves the right to accept any item or group of items on a multi-itam quotation. 8. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responslblllty of tha successful bidder to notrfy this Division at once, indicating in his letter the specific regulation which required such alteration. The State reserves the right to accept any such alterations, including any price adjustments occaaioned thereby, or cancel the contract. 9. INSURANCE: COVERAGE: During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contractor. As a minimum, the contract shall provide and maintain the following coverage and limits: a. WORKER'S COMPENSATION: The contractor shall provide and maintain Worker's Compensation Insurance, as required by ttie laws of North Carolina, as well as employer's liability coverage with minimum limits of $150,000.00, covering all contractor's employees who are engaged in any work under the contract. If any work is sublet, the contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract. b. COMMERCIAL GENERAL LIABILITY: General Liability Coverage, on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. (Defense cost shall be In excess of the limit of liability.) c. AUTOMOBILE: Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000 00 bodily Injury and property damage; $150,000.00. uninsured/under-insured motorist and $1,000.00 medical payment. REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is-of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are aulhori,zed to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contract shall at all times comply witn the terms of such insurance policies, and all requirements of the insurer under any of such insurance policies, except as they may conflict with existing North Carolina laws or this contract. Tha limits of coverage under each insurance policy maintained by the contractor's liability and obligations under the contract. 20. ADVERTISING: In submitting his proposal, bidder agrees not to use the result therefrom a.s part of any commercial advertising without prior approval of the Department of Environment and Natural Resources. 21 . NO BID: Unless a receipt of this Request for Quotation is acknowledged, bidders name may be removed from applicable mailing list. 22. GOVERNING LAWS: All contracts, transactions, agreements, etc. are made under and shall be governed by and construed in accordance with the laws of the State of North Carolina. · · ' 23. SITUS: The place of all contracts, transactions, agreements, their situs and form, shall be North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation and enforcement shall be determined. 2A. AVAILABILITY OF FUNDS: Any and all payment of compensation of this specific transaction, its continuing or any renewal or extension are dependent upon and subject to 1he allocation of approprtatJon or 1\.mds to Iha Agency for the purpose set forth in this agreement. {NCGS 143-34.2) 25. PATENT AND COPYRIGHT INDEMNITY: VENDOR will defend or settle, at its own expense, any action brought against Customer to the extent that it is based on a claim that the product(s) provided pursuant to this agreement infringe any U.S. copyright or patent; and will pay those costs, damages and attorney's fees finally awarded against Customer in any such action attributable to any such claim, but such defense, settlement and payments are conditioned on the following (1) that VENDOR shall be notified promptly in writing by Customer of any such claim; (2) that VENDOR shall have sole control of the defense of any action on such claim and of all negotiations for its settlement or compromise; (3) that Customer shall cooperate with VENDOR In a reasonable way to facilitate the settlement of defense of such claim; (4) that such claim does not arise from Customer modifications not authorized by the VENDOR or from the use or combination of products provided by the VENDOR with products provided by the Cu~tomer or by others; and {5) should such product(s) become, or in the VENDOR'.S opinion likely to become, the . subject of such claim of infringement, 1hen Customer shall permit VENDOR, at VENDOR'S option and expen$8, $ither (a) to procure for Customer the right to cont'\nue using the product(s), or (b) replace or modify the same so that it becomes noninfringing 07/15/1999 10:12 919-715-0584 NCDE&NR/PIJRCHASING PAGE 04 Page 3 of 3 and performs in a substantially similar manner to the original product; or@ upon failure of (a) or (b) despite the reasonable efforts of the VENDOR for a sold product or licensed software, return the price paid for the licensed software and any ~reduct dependent thereon. ~6. INSPECTION AT CONTRACTOR'S SITE: The State reserves the right to inspect, at a reasonable time, the equipment/item, plant or othar facilities of a prospective contractor prior to contract award, and during the contract term as necessary for the State's determination that such equipmerrtrrteim, plant or othar facilities conform with the specificat1ons/requlrements and are adequate and suitable for the proper and effective performance of the contract. 27. PAYMENT TERMS: Payment terms are Net, 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The using agency is responsible for al! payments under the contract. 28. ASSIGNMENT: No assignment of the contractor's obiigaiions nor the contractor's right to receive payment hereunder shall be permitted. However, upon wrttten request approved by tlie Department of Environment and Natural Resources and solely as a convenience to the contractor, the Stats may: a. forward the contractor's payment check directly to any person or entity designated by the contract, and b _ include any person or entity designated by contractor as a j oint payee on the contractor's payment check. In no event shall such approval and action obligate the State to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all contract obligations. 29. PROTEST PROCEDURES: A party wanting to protest a contract awarded pursuant to this solicitation must submit a written request to the Assistant Secretary of Administration , c/o Division of Purchase and Services, Department of Environment and Natural Resources, 512 N. Salisbury Street, P 0 . Box 29687, Raleigh, NC 27611-7687. This request must be received in the Division of Purchase and Service,s within thirty (30) consecutive calendar days from the date of the contract award, and must contain specific sound re,asons and any supporting documentation for the protest. NOTE: Contract award notices are sent only to those actually awarded contracts and not to every person or firm responding to this solicitation. Offerers may call (919) 733-9746 to obtain a verbal status of contract award. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519. 30. CONFIDENTIAL INFORMATION: As provided by statute ahd rule, the Division of Purchase and Services will consider keeping trade secrets which the bidder does not wish disclosed as confidential. Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law. _ _ ____ -L. _______ _ __ _ _ _ ,1 ro/li /rf _ ·-\Ja(/_"-~.,¥--1':J A~{) h~a{ /Jesi" -/4foir½~~ - ------------------------------------------------- ----~--------------- -------------------------------------------------·· ------------ !!!f!l/ll81111!!!!!!11~ ,:: I I.I .Providing creative environmental solutions Environmental, Inc. :-:•:.-~&,~~~:..~,, .... ,,,-.;.««.,}.,_,,,,,......._,%.,~~%.'-'"«~'-::~~,x..-..,,,,.:.«'-«O:.-:-K-:•:..~,'-::....:. .. ~:.-:.-:-:...:...:.,:..,~-:, .. ,:-:-:-:.-:-:..:.,.:.-:-: .. ,,: .. ::-:..:.❖:..-:❖~-x-:-:*K❖:{-:~x~,x<..:...:..:.«~,~~~:.-:..•:-.,,,,~~«~..:.-:-~,, .. , ..... ,.:_.:::..:.-:::..•:..❖:.-:..-:..:...:...:...:.,,~K{-:~::{{..:.-:-:-:.. .. ,,, ..... ,~:.-K❖~X~,,,,,,,,,'-::~,,,~ Mr. Michael G. Bryant Purchase and Contract Section DENR Division of Purchase and Services Room 640 Archdale Bldg . • PO Box 27687 Raleigh, NC 27611-7687 ----------~ May 26, 1999 SUBJECT: DENR Contract No. N9008 with ETG Eavfronmenfal, In.:. {ETG} Dear Mr. Bryant: Enclosed please find one (1) signed duplicate original of Contract No. N9008 between ETG and the Department of Environment and Natural Resources (DENR). This contract is for Phase III final design services associated with the detoxification of the Warren County Landfill utilizing the BCD technology. In accordance with a telephone conversation with Mike Kelly of DENR DWM, in reference to Item 12 on page 3 of 5, it is our understanding that funds for the completion of the this phase of the project have been allocated and are available, and thus forms the basis for ETG's execution of the contract. We look forward to successful completion of this phase of the Warren County project and appreciate the opportunity to be of service to you. Please call me at your convenience should you have any questions. Very truly yours, G. Steven Detwiler Vice President, Business Development Enclosure cc: M. Kelly, P. Backus -DWM w/o enclosure R. Bacskai -ETG w/o enclosure 16 Hagerty Boulevard, West Chester, PA 19382-7594 • (610) 918-1100 • Fax (610) 431-9140 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 III F 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 rnom 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 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER• 50o/o RECYCLED/I 0o/o POST-CONSUMER PAPER Comments for contract with ETG Environmental for the Phase III Detoxification Final Report on the PCB landfill in Warren County. I. 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 30 days after commencement ofwork, 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. FOR 14SSISTANCE • SEE INSTRUCTIONS ON BACK N.C. Department of Environment and Natural Resources Division of Purchase and Services AGREE:MENT INFORMATION FOR DENR tJSE ONLY •· .. Contract No. Contract System No. Purchase Order No. Vendor Number 1. PARTIES TO THIS AGREEMENT: A. B Division Waste Mana einent Contractor •j.: F.'T'~ F.n~d .. !Cl, :: --~~~-~- 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 Ha£ertv Boulevard Contract Administrator TelephoiN~~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 ..xJtlone of the above Contractor Contact Person: Telephone Number Steve Detwiler 601-431-9100 DIVISION CONTRACT COORDINATOR: Michael Kelly PHO~tNO: 919-733-4996 X 203 3. PURPOSE OF AGREEMENT: Complete Phase III Final Design for Detoxification 4. TIME PERIOD OF AGREEMENT: Beginning Date _!!_1 15 199 Ending Date _l_1.]L100 (CO:\TRACT CAJ"mOT 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 bjd the detoxification of the PCB landfill 7. JUSTIFICATION: __ P_ha_s_e_I_&-----'I=I~h=a'""v .... e"'--'b"'"e=e=n=--c=o .... m.,.,,p,...l=e-t-e .... d_; _t .... h""e.......,n""e ... x ... t...._.s ..... t..,e...,p_,.,..· s...._t..,b ..... e~f .... , .... · o ..... a~J~--- design and must be finished to begin detoxification 8. FISCAL INFORMATION: Does this agreement involve disbursement of funds? ~ from DENR to DENR. No Federal State Contractor Other Special Total $ $525,550.00 $ $ $ $25,550.00 SUBHEAD: GL Company , ~o 1 PAYMENT SCHEDULE: DENR 2500 (Revised 1/99) N.C. Department of Environment and Natural Resources Division of Purchase and Services Page __ of _ CONTRACT BUDGET Contract No. Contract System No. _______ _ 15 April 1999 Waste Management Effective Date Division/Section/Program Purchase Order No. ____ _ 31 January 2000 Termination Date For Fiscal Year 99-00 Revision No. Contractor: ETG Eovi raoroeotal Purpose: Phase 3 Detoxification Plan Total Budget: Contractor Contact: or Amendment$ 525,550.00 Steve Detwiler ----------------- · ITEM DESCRIPTION Provide complete Phase III Final Design documents for the full scale detoxification of the PCB landfill in Warren County usi BCD Technology (MANDA TORY IF FEDERAL FUNDING) CFDA CODE: (CATALOG OF FEDERAL DOMESTIC ASSISTANCE CODE) . GL GL Account GL Center Company DENR 2482 (Revised 1/99) CONTRACTOR AMOUNT (1f A licable) (Mandatory) DENR CONTRACT AMOUNT $525,550 00 .... &,,~~ Division Budget Officer (Mandatory) OUTLINE WARREN COUNTY PCB LANDFILL FINAL DESIGN -BCD DETOXIFICATION INTRODUCTION Task 1 Task2 Task 3 1.1 1.2 2.1 2.2 3.1 3.2 -, -, ., . ., 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. l 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.ferimeter 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 3.9.1 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 of this 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. Wan-en 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. 1.2 Scope Development The ETG/BFA 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 ETGIBF A team will continually work with the State to adjust our approach to insure that we are on the path of least resistance. 99-{}()J Scope -2- Wan-en County PCB Landfill 04/08/99 Scope of Work for Final Design Services Task2 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/BFA 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 oflocal, 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- Warren 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 format 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 detennined 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/BFA 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 Support Areas 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- Warren 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 ex.it exclusion zones. The final system design is anticipated to be similar to that proposed in the Phase II document. 3 .4 Infrastructure Improvements 99-001 Scope 3. 4. I Electrical The site currently contains electrical service, which is not sufficient to meet the detoxification facility demand of the proposed detoxification equipment. The ETG/BFA team will work closely with an electrical consultant to ensure the final design clearly details the detoxification power requirements. 3.-1.2 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- Wam:n 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 3.5.1 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 Constr11ction Water As conceptualized in the Phase II document, the final design will convey impacted stormwater 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- WmTen 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 (10) 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 99-001 Scope 3.8. 1 b?flow and Ou(fiow In concert 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- WmTen County PCB Landfill 04/08/99 Scope of Work for Final Design Services PCBs/diox.ins 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. 3. 9 Backfilling and Final Grading Task 4 4.1 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- WmTen 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 Project 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 Plan 5. 10 Emergency Response Plan 5.11 Final Design Report 99-001 -10- Scope WmTen County PCB Landfill 04/0X/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 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") and specifications (and one full size set) to the State at the 100% 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- ~~"'.'/}'; I -.• ?, .. ;.:r . _..,,,... ff~WA LNCDEMR if JJ:)~·:/>;·/ -. ·i . -. : .•: --.-~ >, JAMES B. HUNT JR.',;-.;"': -~ f;,;~:n:R_~OR t{:(·~:~· ~ Jr."':"'-t__:-..,.,··~) ~+·.,.,. _, -~➔;%~_.~::? ~ .:·}, "''•WAYNE MCDEVITT~":.,-~ • • • 4 :, ~:. ~--. ~--:·. ; ff!iiltf;t{\ 'if·H_-,r.~T=, :; ·· ::· ~:. J ---:~~-: :", .. 1 '.J .. ✓ r.-·. · ~t;;t;~.:~~ ~.lr -/_:~-; ,,,,. .. , ._.f -.... '-. --~· ,;._.!. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT December 21, 1998 MEMORANDUM:. TO: MICHAEL BRYANT, DENR FROM: CONTRACTS&PURCHAS~ MICHAEL KELLY ~~ SUBJECT: DWM ~\ CONTRACTING WITH ETG FOR PHASE III OF THE PCB DETOXIFICATION OF THEW ARREN COUNTY LANDFILL Attached is a copy of a memorandum to Ms. Mildred Christmas regarding the possibility of sole source contracting the Phase III work to ETG Environmental, West Chester, PA The Phase III work is to develop the final design plan for the full-scale detoxification of the PCB landfill. Please call me if you have any questions. Thank you for your support. 401 OBERLIN ROAD, SUITE I SO, RALEIGH, NC 27605 PHONE 9 I 9-733·411116 FAX 11111-715-3605 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER• 50% RECYCLED/I 0% POST-CONSUMER PAPER .IAME9 B. HUNT .Ill. G0VERNOR WAYNE MCDEVITT 8ECIIETARY . WILLIAM L. MEYER -DIRECTOR • ..... NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT December 21, 1998 M:EMORANDUM TO: MS. MILDRED CHRlSTMAS NC ST ATE PURCHASING & CONTRACTS THROUGH: MJCHAELBRYANT,DE~l,Q.S MJCHAELKELLY, \~/'J~ DEPUTY DIRECTOR', DWM ,,, FROM: SUBJECT: PCB LANDFILL, CONTRACTING FOR PHASE ID OF DETOXIFJCA TION REQUEST: To allow the Division of Waste Management (DWM) and the Department of Environment & Natural Resources (DENR) to enter into contract negotiations and secure a contract with ETG Environmental, West Chester, PA, for the Phase III Final Design & Drawings, of the detoxification of the PCB landfill in Warren County, NC. HISTORICAL BACKGROUND: In 1982, against great opposition, the state built a landfill in Warren County to bury 40,000 cubic yards of toxic dirt contaminated with polychlorinated biphenyls (PCBs), which had been illegally sprayed along more than 200 miles of roads across the state. Governor Hunt promised the citizens in Warren County that the state would work to detoxify the landfill sometime in the future when technology made it feasible to do so. In 1995, DENR received $ I million to study the feasibility of detoxification, to select a technology and make a recommendation to the DENR Secretary. The money was also to be used for a complete assessment of the landfill and surrounding area to determine if PCBs had escaped the landfill and contaminated surrounding property. RESULTS OF STUDIES: The DENR Secretary appointed a Warren County PCB Working Group (WG) comprised of county citizens, state employees, environmental groups and other concerned individuals. This group hired two independent science advisors to work with the committee and state staff It was determined that technology did exist for the detoxification of the landfill. After careful study, two technologies were chosen for bench scale testing under very stringent guidelines, including very low cleanup goals. The two technologies <101 OBERLIN ROAD, SUITE I !50, RALEIGH, NC 27605 PHONE 1119-733•411116 FAX 11111-71!5·3605 AN EQUAL OPPORTUNITY / AFFIRMATIVE: ACTION EMPLOYER• !50% REC:YC:LED/10% POST·C:ONSUMIE:R PAPIE:R . ----- s. . ' Ms. Mildred Christmas December 21, 1998 Page 2 chosen were Base Catalyzed Decomposition (BCD) and Chemical Gas Phase Dechlorination. A Request for Proposals was published in the state purchasing directory, advertised in major newspapers and posted on the internet, soliciting companies to provide quotations on a bench scale detoxification study using one of these two technologies. This work was called the Phase 1 activities relating to detoxification. The RFP also required responding companies to provide, in their bid, a price on doing the Phase II, Preliminary Draft Design for the full scale detoxification. lt was clear that the company awarded the Phase 1 contract would be selected for the Phase 11 contract if its technology was chosen as the one for detoxification. ETG Environmental was awarded the Phase 1 contract for use of the BCD process to detoxify the landfill, and ECOLOGJC, Toronto, Canada, was awarded the contract for the Chemical Gas Phase Dechlorination. After reviewing the results, state staff, the Working Group and science ad visors selected BCD as the best technology for detoxification of the landfill. ET G's contract was extended to include the Phase 11 work. The Phase 11 report included the cost breakdown of the full scale operation to detoxify the landfill using BCD technology. This document became the basis for soliciting funds from the General Assembly to complete this project. A copy of the cost breakdown is attached. The total is just under $24 million. At the end of the l 998 legislature, $2 million was appropriated to begin detoxification of the landfill using BCD technology. CURRENT STATUS: Plans are already being made to seek funding to complete the project during the next session of the General Assembly. The department has also sent letters to the EPA and Department of Defense (Ft. Bragg contributed 10 percent of the contaminated soils to the landfill) seeking their assistance in funding the project. · lt is imperative that we make progress on the detoxification as quickly as possible. Obviously, we cannot select a contractor to do the detoxification without sufficient funds for the contract. However, there is much concern from the WG and citizens of Warren County that the funds need to be finalized and work well under way before to the current Hunt administration leaves office, since the landfill was built in Warren County during his previous administration, and Gov. Hunt promised to detoxify the landfill. (See the attached letter from Gov. Hunt.) Therefore, during the next session of the General Assembly, we need to be ready to proceed quickly with detoxification and to show progress with the monies previously appropriated. NEAR TERM PLANS: The DWM should have an engineer on staff by January l Oto become the project officer for the detoxification of the landfill. (Plans were to already have an individual on board , however, the person selected for the position accepted a full time job in Winston-Salem before we could complete our offer.) This individual will have a number of tasks to complete quickl y, including the scope of work for the Phase 1I1 final design; qualifying companies for a . --- Ms. Mildred Christmas December 21, 1998 Page 5 Thank you for your consideration in this matter. Please feel free to call me if you have any questions. Mike Kelly Raleigh--919-733-4996 at extension 203 Copy: Henry Lancaster Sherri Evans-Stanton Bill Meyer Michael Bryant Brenda Rivers Pat Williamson , j . " PCB LANDFILL DETOXIFICATION COSTS USING BCD TECHNOLOGICAL PROCESS April 9, 1998 Final design, including permit preparation and plan submittal Estimated costs $539,000.00 Working Group, PCB office in Warren $200,000.00 County, CAB, Science Advisor(s) Supplemental site investigation S 100,000.00 Mobiliz.ation $435,800.00 Site preparation/set up $2,614,400.00 Phase Sub-totals INITIAL PHASE, SUBTOTAL: $3,889,200.00 Demonstration test $487,300.00 Excavation $798,100.00 Soil/water treatment $13,457,600.00 Analytical (performance testing, $1,167,000.00 soil, water, air monitoring) TREATMENT PHASE, SUBTOTAL $15,910,000.00 Backfill $930,000.00 Reclamation $74,000.00 Decon, dismantle, demob $1,092,800'.00 RESTORATION/ DEMOB PHASE S2,-096,800.00 SUBTOTAL ESTIMATED COSTS $21,796,000.00 CONTINGENCY: . $2,079,000.00 TOT AL ESTIMATED COSTS S23,975,000.00 .. i .. • • l 2 GENERAL ASSEMBLY OF NORTH CAROLINA Subtotal 600,000 3 Total S 5,240,000 S7 ,300,000." ~ 4 ' 5 Reaucsted by: Senator Ballance j& ' ~ 6 \VARREN COUNTY PCB LpJ\T>FILL DETOXIFICATION FUNDS i/' 7 Section 29.9. (a) The Director of the Budget shall place funds 8 appropriated in this act to the bepartment of Environment and Natural Resources for 9 the 1998-99 fiscal year for the detoxification of the Warren County polychlorinated 10 biphcnyl (PCB) landfill arid any available federal funds into a nonrevertirig.:reserve to 11 be used by the Depanment for the .detoxification of a landfill located in Warren 12 County that contains polych!orinated bi.phenyl (PCBs) and dioxin/furan contaminated 13 materials. The detoxification treatment standards for residual concentrations of 14 contaminants remaining in the soil shall be 200 pans per billion for PCBs and 200 15 parts per trillion toxicity equivalent concentration (TEO) for dioxins/furans. Based 16 catalyzed decomposition (BCD) technology shall be used to detoxify the ~andfill in 17 accordance with a plan approved by the Department. The Department shall oversee 18 the detoxification of this landfill. · 19 (b) Any funds remaining in the reserve established under subsection (a) 20 of this section at the conclusion of the detoxification of the landfill shall remain in a 21 nonreverring reserve and shall be transferred to the Department of Commerce to be! 22 used for economic development in Warren County or Warren County's infrastructure ----23 needs, or both_.. 24 25 Re~uested l 26 GLbBAL 1 Post-it" Fax Note 7671 r.To~~~J;::::;-;-:T.:..:.:...:_t=-.7:--:--~~=--_j .. -, . I' FrOITI Li\> -· 21< :he Budget 2·J ~housand c 30 match f ed1 31 comply '9r·it 32 t\iD Co. Pnone # Fax11 .o, Creech, Crav:ford ,flaw. the Director of h~ndred twenty-five l 99S-99 fiscal year to development and to 33 Requested by: Senators Plyler, t'erauc:, vuum, ,, ... r' .. _______ .•• Russell, G. Wilson 34 CAP IT AL IJ\1PRO\'"EME1'"T PROJECTS/SUPPLEl\-!ENT AL FL"NDING 35 APPROVAL/REPORTING REQUIREMENT 36 Section 29.11. Each department receiving capital improvement 37 appropriations from the Highway Fund under this act shall report quarterly to ~he 3S Director of the Budget on the status of those capital projects. The reporting 39 procedure to be followed shall be developed by the Director of the Budget. 40 Capital improvement projects authorized in this act that have not been 41 placed under contract for construction due to insufficient funds may be supplemented 42 "V.ith funds identified by the Director of the Budget, provided: 43 (1) That the project was designed and bid within the scope as 44 authorized by the General Assembly; 45 (2) That the funds to supplement the project are the same source as 46 authorized for the original project; 47 (3) That the department to which the project was authorized has 48 unsuccessfully pursued all statutory authorizations to award the 49 contract; and 50 (4) That the action be reported to the Fiscal Research· Division of the 51 Legislative Services Office. · 52 53 Requested by: Senator Jordan, Representatives Russell, G. Wilson Senate Bill 1366 Page 307 :-. .. . . -., ... ST ATE OF NORTH CAROLI NA OFFICE OF THE GOVERNOR RALEIGH 27!11 JA .. U ■. t-fUMT. Jf\ •OvtlllNCUI October 20, 1982 An Open Letter to the Citizens of Warren County: I appreciated the opportunity to meet with community leaders and member• of the executive committee cf the Concerned Citizens of WArren County on Friday, October 8. We had a full an~ frank discusaion, lasting about two hours. We did not a9ree on everything, obviously. But it was a valuable ~eeting for me ano, I hope, for All of you. I told your representatives that I understan~ and respect your concerns about the PCB landfill. Nobody w~nls e landfill of any kind in their community. ~our representative. expressed your concerns in stron9, clear terms. They did not hold anything back, and I appreciated their frankness. In turn, l was frank with them. I tol~ them that, in my judgment, the State of North Carolina had no option but to place the PCB-tainted material in a aafe and •~cure landfill. The Environmental Protection Agency would not approve handling the material in place along the xoadGide, I told your representatives that Warren County was chosen for the site aolely on the basis of technical reasons. No other con;ideration whatsoever was involved. I also said during the meeting that the State of North Carolina doea not intend to simply wAlk awAy from any responsibility once the landfill is completed. I made several commitments to that end, and I want to spell those out for you: 1. At the request of your representative ■, the state will 1ponaor a public meeting in ~&rren County at which our agency official5, en9ineers and sei~ntists will review the safety features at the landfill and respond to your specific concerns ano question•. The meeting will~ held at 6:30 p.m., Wednesday, October 27, in the National Guard Armory in WArrenton. (more) .--· ,. ,. . .. . . ' • • . .. Warren County Citizens Page 'l'WO October 20, 1982 2. The state will push as hard as it can for ·,~· detoxificat-ion of the landfill when and if the appropriate and feasible technology ia developed. We will seek to establish a joint local-atate•federal working qroup to pursue this end. 'l'he State Board of Science and 'l'echnology, which I chair, will have the epeoific responsibility for pressing the Environmental Protection Agency to develop this process and for monitoring research to determine when ~etoxification ia possible. 3. 'l'he state will maintain continual ffionitoring O! the landfill. This will incluOe the monitorin; aystems included in the design of the landfill itself, monitoring df the residential wells within a three-mile radiu• of the lanOfill and checking stream• and c~••k• in the area. 4. The state will cooperate with your county health department in providing environmental and health monitoring for those persons who live, work or ;o to school near the landfill. Warren Cou.nty Health Director Joe Lennon and or. Ronald Levine, the etate's health director, will be responsible for developing a monitoring pro9ram that will 9uarantee that the health of the citizens in the area is bein9 protected. 5. My administration will support legislation prohibiting any additional contaminated so-11 from ever beins placed in this landfill an~ prohibiting the state from ever placing another landfill in your county for any purpose. I understand that Frank Ballance will be preparing leqielation along these lines, an~ we will work with him on this i11ue. 6. 'l'he State Department of Commerce will make special efforts to help Warren County attract ind~try and jobs. We will encoura9e businesses and industri•• to visit the county and consider aites there for expansion. These are the commitment• I made on behalf of the State of North Carolina. It is my responsibility to aee that they are carried out, and I take that responsibility seriously. (more) .. Warren County Citizen& Page Three October 20, 19B2 I know how controveraial thia matter has J>een. Again, I respect your concerns. And! take them seriou~ly. Your state government has a responsibility to you and to all the people who live alonq the roads where th~ PCB ~aterial was dumped, as well•• all the resident• of North Carolina who ini.ght have been affected had thAt material spread and entered the food chain. The state ii convinced, on the basis of the best scientific evidence that i~ av•ilable to us, that the landfill ia safe and will remain safe in the future. But you and I have seen that scientiata can disagree, and their disagreement& concern Ui. That is why I intend to aee that the State of North Carolina keeps its commitment ~o you, your children and your qran~children to continue to press for detoxificaton of the site, t .o closely monitor it and to guarantee its aafety for ;enerations to come. That ia the pled9e I maae to your representatives in my office last Friday, and it is the pled9e I ~ak■ to you • now. My very be•t personal reqa~~,. -