NCD980602163_20030908_Warren County PCB Landfill_SERB C_Potential Change Orders-OCR

FORM 2800
AGREEMENT INFORMATION & CONTRACT BUDGET
ENCUMBRANCE
DENR DIVISION OF PURCHASE AND SERVICES
1. PARTIES TO THIS AGREEMENT
A. B.
ASSIGNED BY PURCHASE & SERVICE
*DENR CONTRACT NO: SCO# 010440101A
*PURCHASE ORDER NO:
REVISION NO: COtU,,t'
DENR Division of: ..--C_o_n_t-ra-c-to_r_(_N_a_m_e_C_o_n_t_ra_c_t_ls_s_u_e_d_T_o_:_) -------------
Waste Management Shaw Environmental & Infrastructure
Division Section I.R.S. Number or Social Security Number
I
Check if Applicable
_ Private and/or
Non-Profit
Division 753044680
Address (MSC#, City, State, Zip)
1646 Mail Service Center
Ralei h NC 27699-1646
Address (to which checks will be mailed) Wire Transfer
U.S.Bank, (Wire Transfer) ABA# 081000210 Acct# -152302010748
Division Contract Administrator
Patricia M. Backus, P.E.
Telephone No.
[phone] X 308
(City, State, Zip)
St. Louis, MO 63195-6786
Please check one of the following:
African American owned Woman owned _Handicapped owned
_ Hispanic owned _ Other minority owned ✓ None of the above
Contractor Contact Person/Key Personnel:
I
Telephone Number
[phone] Division Director/Authorized Agent Date Gary W. Duke, P.E.
3. DIVISION CONTRACT COORDINATOR: _ _;B:crc.:e.:..:.nd=-=a=-R:....::..,.iv=..;erc.::s _______ _ PHONE NO: __ ...... {9=-1:...:9CL..) .:....73=3=---4..:.;9:...:9-=-6..;..;x=20=-4'----
4. FISCAL YEAR: __ --'F'-Y-=---=-0-=-3--=0-'-4 _____ _
5. START DATE: ___ ....:M=a;..:rc""'h'-1;..:3:..i....::2=--=0-=-0..;..1 ________ (Contractor cannot begin work until contract is executed by DENR)
6. TERMINATION DATE: September 26,2003 (Limit to time required; contract cannot exceed 3 years)
7. CURRENT CONTRACT AMOUNT: __ __,$:....:1.:2.i..::9c::c9..:..1 '-=9-=-63:::.;·..:..7=2 ______________________ _
8. *AMENDMENT AMOUNT: __ .-...,:.$-=0'--__ (lndicate Previously Assigned Contract No. & PO in appropriate block ABOVE)
9. REVISED CONTRACT TOTAL: $ ___ ....;$'""'1-"2""',9""'9'"'1_,_,9"--6""'3'"'"."'""72"--_______ _.(Original Amount+ Amendment Increase/Decrease)
10. UNENCUMBRANCE (Balance remaining in Contract that will not be paid to Contractor):$ _____________ _
11. ITEM DESCRIPTION
Contract Purpose/Brief Narrative:
Detoxification of the Warren County PCB Landfill.
13.
Change Order #14 adds a new line item "Supply, deliver and place cover soil." The unit
price for a load is $196.00. Three estimates were obtained and this was the lowest. It is
estimated that 6,000 tons or 400 truck loads are needed. The extra soil is needed to provide
sufficient material to cover the treated soil and to support vegetation. The funds for this
come from money saved in fuel purchases, line item 20.
CFDA CODE: ____ (Catalog of Federal Domestic Assistance Code, if applicable)
14.
GL COMPANY: 1604 GL ACCT: 53-2199 GL CENTER 4845
15
Federal Funds State Funds Contractor Match Other Funds
$ $ 12,991 ,963.72 $ $
16.
Division Budget Officer (Mandatory Signature)
12. DENR CONTRACT AMOUNT
(Estimate of Expenditures each FY if multiple
year contract)
Add line #23 Supply, deliver = $78,400.00
and place cover soil
Increase line#20 Credit
for state supplied
I change order value
=($78,400.00)
= $0
TOTAL PROJECT COST
$ 12,991 ,963.72
I
I
REQUEST FOR EXCEPTION TO CONTRACT RE# _________ _
1. Project Title: Warren County PCB Landfill Detoxification
2. Division: Waste Management
3. Source of Funds: Appropriations:$ Receipts:
Federal: Match Required:
4. Budget Codes: GL Company: 1604 GL Account: 53-2199 GL Center: 4845
5. Is there a deadline for obligation of these funds? If so, date: _______ _
6. Type of contract requested : Contract for Services ___________ _
Award of DENR Grant Funds ________ _
Amendment to existing contract/grant ____ ✓ __ _
7. Proposed Vendor/Recipient: Shaw Environmental & Infrastructure
8. Summary of work/activities to be performed under this contractual arrangement:
Extra soil is needed to provide sufficient material to cover the treated soil and to support
vegetation. Change Order #14 adds a new line item "Supply, deliver and place cover soil." The
unit price for a load is $196 .00 . Three estimates were obtained and this was the lowest. It is
estimated that 6,000 tons or 400 truck loads are needed.
9. Justification of Need for Contract:
A) Was this vendor selected through a competitive process? ✓Yes ___ No ___ Will Be
B) Explanation of why this work cannot be performed within the resources of the DENR Agency :
DENR does not have the equipment, staff, or expertise to operate a soil remediation facility.
C) Is there a State Agency/University that could perform this work? __ Yes ✓No
D) If Yes, provide a list of those agencies:
E) Contacts made to determine the ability of other state agencies/universities to perform this work (name of
contact, agency, telephone number and response):
None
F) If not utilizing another state agency/university, state the reason :
Same as 9 (B).
G) Calculation of available funding for this contract. Include amount available and amount previously
obligated/approved to be obligated:
This is a zero contract value change order. A detail of the reallocation of line item funds is shown in Change
Order #14.
\·
SUBMITTED BY: )l'.la_bu...,c~ ... ~ Ji;" .z1.~/4.:.JPhone: 733-4996 x308 Date: 09/05/03
Contact Person for questions regarding th:;m·s c ct: Pat Backus
APPR~prVAL ·7?L/ ~ Disapproved ---~~~~L!k--..,.rEL-~-~-p--------Division Director
Phone: [phone] x308
Approved Disapproved BPA ---------------
Approved Disapproved _______________ Chief Deputy
Date Transmitted to Purchase and Services : _____________ _
or.-24 rev. 9-88 ...
INSTITUTION:
PROJECT:
ST A TE CODE & ITEM :
CONTRACT FOR:
CONTRACTOR:
NCDENR
STATE CONSTRUCTION OFFICE
CHANGE ORDER NO. 14
Warren County PCB Landfill Detoxification
ID#: 010440101A
BCD Detoxification
Shaw Environmental & Infrastructure, Inc.
200 Horizon Center Blvd, Trenton, NJ 08691-1904
X OR Owner Request
D CR Contractor Request
D DR Designer Request
D CC Concealed Condition
D DE Design Error
D DO Design Omission 0 SC Schedule Change
0 OTOther
Under the terms of the Contract and without invalidating the original provisions thereof, the following change in work is
authorized for the change in contract amount herein set forth: (Description of change order attached)
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of $196.00 per
load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this change
order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to be used.
The time of completion including previous orders is 928 calendar days and shall be unchanged by Q calendar days by this
change order, for a revised contract date of completion of September 26, 2003.
CONTRACT COST SUMMARY
1. Original Contract Amount
2. Amt. Of Previous Orders ADD $6,719,339.00 Deduct
3. Amt. Of This Order: ADD $ 0.00 Deduct
4. Total additions lines 2 &3 $6,719,339.00 Minus Total Deducts:
(Line 4 shall show the net amount to be added or (deducted) from the contract amount.)
5. Revised Contract Total Amount
6. The Owner certifies that the contingency fund balance after this change is
$385,375.28
$ 0.00
$385,375.28
TOTALS
$6,658,000.00
$6,333,963.72
$12,991 ,963.72
$
Fill in one copy only
I certify that my Bonding Company will be notified forthwith that my contract has been increased by the amount of this
change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety.
_S_ha_w_E_n_v_iro_n_m_e_n_t_al_&_ln_fr_a_st_ru_c_t_ur_e-'-, _ln_c_. __ By:
(Contractor)
200 Horizon Center Blvd
Trenton, NJ 08691-1904
_E_art_h_T_e_ch _____________ By:
(Designer)
_N_C_D_E_N_R_,_,_D_iv_of_W_a_st_e_M_a_n_a.....,g._e_m_e_n_t ___ By:
(Owner)
By: -----------------State Construction Office
-----------------By:
Other approving Agency (if needed)
DISTRIBUTION: 1 original to State Construction
1 original to Owner
~/L.---~~
Gary W. Duke, P.E.
Project}./lana~ (f
1 original to Designer
1 original to Board or Commission (if any)
1 original to Contractor
1 original to Surety
(Date)
1 (Date)
(Date)
(Date)
REQUEST FOR AUTHORIZATION TO CHANGE
D~E: August 27, 2003 STATE CODE: SCO#010440101A
REQUEST NO.: 14
NCDENR
Earth Tech
PROJECT NAME: Warren County PCB Landfill
OWNER: CONTRACTOR: Shaw Environmental & Infrastructure, Inc.
DESIGNER: CONTRACT FOR: BCD Detoxification
DESCRIPTION OF CHANGE:
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of
$196.00 per load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this
change order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to
be used.
Schedule is unaffected by this change.
REASON FOR CHANGE:
Offsite cover soil must be supplied to replace onsite material which was to be used for clean cover but which was
found to be contaminated with PCBs. Payment for placing this offsite cover soil offsets costs incurred by
contractor in moving contaminated soil back into bottom 15 ft of landfill as required by USEPA. Increase in credit
line item for state supplied fuel both offsets these soil related costs arid is required to cover actual fuel use in
excess of that anticipated by previous Change Order #9.
SUMMARY REVIEW OF CONTRACTOR'S ESTIMATE FOR TIME AND COST: (Attach Contractor's detailed cost breakdown of labor
and materials).
Add line23-"Supply, deliver and place cover soil"
estimate 400 truck loads at $196.00/load
Increase line 20 -"CREDIT for state supplied fuel" by
estimated 77,777 gallons at $1.008/gal
Total change order value:
DESIGNER SUMMARY:
1. Schedule items affected by this change: None
ADD
CREDIT
2. Can Contractor mitigate the change without requiring a contract time extension? Yes
$78,400.00
($78,400.00)
$0.00
3. Will the change require a contract time extension for other contractors? No Which? n/a
4. Are additional costs indicated by reason of the time extension? No If so they must be included in 5 & 6 Below.
CONTRACTOR'S ESTIMATE DESIGNER'S ESTIMATE
5. Estimated cost of change: .......:..$...,;.0...c.0...,;.O ________ _
6. Estimated time extension field cost (if any) Covered by unit price for Shaw
DESIGNER RECOMMENDATION AND CERTIFICATION:
I certify that I have reviewed all aspects of this change order and have determined that it is in the best interest of the owner to have the
work accomplished. I have also determined that the cost and time allotment are fair and equitable, and I recommend acceptance by the
owner.
Approved by:
Title:
-
r change order for import and placement of cover soil
Quantity required
Materials
Shaw Environmental and Earth Tech have agreed upon an estimated quantity of:
4,000 cubic yards of material to be imported and placed
we have also agreed upon an assumed in place density of: 1.5 tons/cy
which would result in an estimated quantiy of:
6,000 tons
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
estimates 400 tandem dump truck loads required, which works out to be 10 cy/load
or 15 tons/load.
KPH quote to furnish and deliver dirt is $125.00/load
based on average of 15 tons/load this equals a unit rate of $ 8.33 per ton
for estimated quantity of
alternate calculation:
400 loads@
6,000 tons
$ 125.00 /load
Total Material direct cost to Shaw=
total cost is $50,000.00
total cost is $50,000.00
$50,000.00
Subcontract Placement
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
quotes rate of $175.00/load in place. Subtract rate of $125.00/load to furnish and deliver
to arrive at rate of $50.00/load to place.
KPH quote to place imported dirt Is $50.00/load
based on average of 15 tons/load this equals a unit rate of $ 3.33 per ton
for estimated quantity of
alternate calculation:
400 loads@ $
6,000 tons
50.00 /load
Total Subcontract direct cost to Shaw=
Shaw Labor
Task Catego~ Hours
total cost is $20,000.00
total cost is $20,000.00
$20,000.00
Hourly Item
Cost Cost
initial staking Supervisor 1 $ 47.25 $ 47.25 D. Ditcher
initial staking Laborer 8 $ 15.04 $ 120.32 D. King
replace damaged stakes Laborer 8 $ 15.04 $ 120.32 D. King
oversee KPH, get truck count, documents to Earth Tech, allow 2 hrs/day for 10 days
Supervisor 20 $ 47.25 $ 945.00 D. Ditcher
Total Shaw Labor direct cost= 37 $ 1,232.89
Shaw Markup and Total Cost
Material
Subcontract
Subtotal third party direct cost
Shaw markup at 10%
Subtotal third party total cost
Shaw Labor
Shaw markup at 20%
Subtotal Shaw labor total cost
Estimated total cost to NCDENR
$50,000.00
$20,000.00
$70,000.00
$ 7,000.00
$77,000.00
$ 1,232.89
$ 184.93
$ 1,417.82
$78,417.82
Divide total cost by estimate of 400 truckloads to arrive at proposed unit rate for change order
Calculate change order unit rate: $ 196.04 per load
Round unit rate to nearest whole dollar: $ 196.00 per load
Estimated value of change order, based on estimated total of 400 truckloads
$78,400.00
OC-24 rev. 9-88 -. '
, STATE CONSTRUCTION OFFICE
CHANGE ORDER NO. 14 X OR Owner Request
-INSTITUTION: NCDENR
D CR Contractor Request
D DR Designer Request
D CC Concealed Condition
D DE Design Error
.. PROJECT: Warren County PCB Landfill Detoxification
ST A TE CODE & ITEM : ID#: 010440101A
CONTRACT FOR: BCD Detoxification D DO Design Omission
CONTRACTOR: Shaw Environmental & Infrastructure, Inc. □ SC Schedule Change
□ OTOther
200 Horizon Center Blvd, Trenton, NJ 08691-1904
Under the terms of the Contract and without invalidating the original provisions thereof, the following change in work is
authorized for the change in contract amount herein set forth: (Description of change order attached)
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of $196.00 per
load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this change
order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to be used.
The time of completion including previous orders is 928 calendar days and shall be unchanged by Q calendar days by this
change order, for a revised contract date of completion of September 26, 2003.
CONTRACT COST SUMMARY
1. Original Contract Amount
2. Amt. Of Previous Orders
3. Amt. Of This Order:
ADD
ADD
TOTALS
$6,658,000.00
$6,719,339.00 Deduct $385,375.28
$ 0.00 Deduct $ 0.00
4. Total additions lines 2 &3 $6,719,339.00 Minus Total Deducts: $385,375.28 $6,333,963.72
(Line 4 shall show the net amount to be added or (deducted) from the contract amount.)
5. Revised Contract Total Amount
6. The Owner certifies that the contingency fund balance after this change is
$12,991,963.72
$
Fill in one copy only
I certify that my Bonding Company will be notified forthwith that my contract has been increased by the amount of this
change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety.
Shaw Environmental & Infrastructure, Inc. By: 0z ~ _,_;;7 ____.-,L___ '1./ 1.1} OJ
(Contractor) (Date)
200 Horizon Center Blvd Gary W. Duke, P.E.
Trenton, NJ 08691-1904 Project Manager
Earth Tech By: ~ -----------------(Designer)
_N_C_D_E_N_R~,_D_iv_o_f W_a_st_e_M_a_n_a_,,g.__e_m_e_n_t ___ By: ~
(Owner)
State Construction Office By:
-----------------By:
Other approving Agency (if needed)
DISTRIBUTION : 1 original to State Construction
1 original to Owner
1 original to Board or Commission (if any)
1 original to Designer
1 original to Contractor
1 original to Surety
(Date)
(Date)
REQL}EST FOR AUTHORIZATION TO CHANGE
DATE: August 27, 2003 STATE CODE: SCO#010440101A
I REQUEST NO.: 14
NCDENR
Earth Tech
PROJECT NAME: Warren County PCB Landfill
OWNER: CONTRACTOR: Shaw Environmental & Infrastructure, Inc.
DESIGNER: CONTRACT FOR: BCD Detoxification
DESCRIPTION OF CHANGE:
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of
$196.00 per load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this
change order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to
be used.
Schedule is unaffected by this change.
REASON FOR CHANGE:
Offsite cover soil must be supplied to replace onsite material which was to be used for clean cover but which was
found to be contaminated with PCBs. Payment for placing this offsite cover soil offsets costs incurred by
contractor in moving contaminated soil back into bottom 15 ft of landfill as required by USEPA. Increase in credit
line item for state supplied fuel both offsets these soil related costs arid is required to cover actual fuel use in
excess of that anticipated by previous Change Order #9.
SUMMARY REVIEW OF CONTRACTOR'S ESTIMATE FOR TIME AND COST: (Attach Contractor's detailed cost breakdown of labor
and materials).
Add line 23-"Supply, deliver and place cover soil"
estimate 400 truck loads at $196.00/load
Increase line 20 -"CREDIT for state supplied fuel" by
estimated 77,777 gallons at $1 .008/gal
Total change order value:
DESIGNER SUMMARY:
1. Schedule items affected by this change: None
ADD
CREDIT
2. Can Contractor mitigate the change without requiring a contract time extension? Yes
$78,400.00
($78,400.00)
$0.00
3. Wi ll the change require a contract time extension for other contractors? No Which? n/a
4. Are additional costs indicated by reason of the time extension? No If so they must be included in 5 & 6 Below.
CONTRACTOR'S ESTIMATE DESIGNER'S ESTIMATE
5. Estimated cost of change: _$_0_.0_0 ________ _ 10.oo
6. Estimated time extension field cost (if any) Covered by unit price for Shaw
DESIGNER RECOMMENDATION AND CERTIFICATION:
I certify that I have reviewed all aspects of this change order and have determined that it is in the best interest of the owner to have the
work accomplished. I have also determined that the cost and time allotment are fair and equitable, and I recommend acceptance by the
owner.
Approved by:
Title:
I
s for change order for import and placement of cover soil
Quantity required
Materials
Shaw Environmental and Earth Tech have agreed upon an estimated quantity of:
4,000 cubic yards of material to be imported and placed
we have also agreed upon an assumed in place density of: 1.5 tons/cy
which would result in an estimated quantiy of:
6,000 tons
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
estimates 400 tandem dump truck loads required, which works out to be 10 cy/load
or 15 tons/load.
KPH quote to furnish and deliver dirt Is $125.00/load
based on average of 15 tons/load this equals a unit rate of $ 8.33 per ton
for estimated quantity of
alternate calculation:
400 loads@
6,000 tons
$ 125.00 /load
Total Material direct cost to Shaw=
total cost is $50,000.00
total cost Is $50,000.00
$50,000.00
Subcontract Placement
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
quotes rate of $175.00/load in place. Subtract rate of $125.00/load to furnish and deliver
to arrive at rate of $50.00/load to place.
KPH quote to place imported dirt Is $50.00/load
based on average of 15 tons/load this equals a unit rate of $ 3.33 per ton
for estimated quantity of
alternate calculation:
400 loads@ $
6,000 tons
50.00 /load
Total Subcontract direct cost to Shaw=
Shaw Labor
Task Cateso~ Hours
total cost is $20,000.00
total cost Is $20,000.00
$20,000.00
Hourly Item
Cost Cost
initial staking Supervisor 1 $ 47.25 $ 47.25 D. Ditcher
initial staking Laborer 8 $ 15.04 $ 120.32 D. King
replace damaged stakes Laborer 8 $ 15.04 $ 120.32 D. King
oversee KPH, get truck count, documents to Earth Tech, allow 2 hrs/day for 10 days
Supervisor 20 $ 47.25 $ 945.00 D. Ditcher
Total Shaw Labor direct cost= 37 $ 1,232.89
Shaw Markup and Total Cost
Material
Subcontract
Subtotal third party direct cost
Shaw markup at 10%
Subtotal third party total cost
Shaw Labor
Shaw markup at 20%
Subtotal Shaw labor total cost
Estimated total cost to NCDENR
$50,000.00
$20,000.00
$70,000.00
$ 7,000.00
$77,000.00
$ 1,232.89
$ 184.93
$ 1,417.82
$78,417.82
Divide total cost by estimate of 400 truckloads to arrive at proposed unit rate for change order
Calculate change order unit rate: $ 196.04 per load
Round unit rate to nearest whole dollar: $ 196.00 per load
Estimated value of change order, based on estimated total of 400 truckloads
$78,400.00
, OC-21rev. r ("')
INSTITUTION:
PROJECT:
ST A TE CODE & ITEM :
CONTRACT FOR:
CONTRACTOR:
NCDENR
STATE CONSTRUCTION OFFICE
CHANGE ORDER NO. 14
Warren County PCB Landfill Detoxification
ID#: 010440101A
BCD Detoxification
Shaw Environmental & Infrastructure, Inc.
200 Horizon Center Blvd, Trenton, NJ 08691-1904
X OR Owner Request D CR Contractor Request
D DR Designer Request D CC Concealed Condition
D DE Design Error
D DO Design Omission 0 SC Schedule Change
0 OTOther
Under the terms of the Contract and without invalidating the original provisions thereof, the following change in work is
authorized for the change in contract amount herein set forth: (Description of change order attached)
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of $196.00 per
load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this change
order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to be used.
The time of completion including previous orders is 928 calendar days and shall be unchanged by Q calendar days by this
change order, for a revised contract date of completion of September 26, 2003.
CONTRACT COST SUMMARY
1. Original Contract Amount
2. Amt. Of Previous Orders
3. Amt. Of This Order:
ADD
ADD
TOTALS
$6,658,000.00
$6,719,339.00 Deduct $385,375.28
$ 0.00 Deduct $ 0.00
4. Total additions lines 2 &3 $6,719,339.00 Minus Total Deducts: $385,375.28 $6,333,963.72
(Line 4 shall show the net amount to be added or (deducted) from the contract amount.)
5. Revised Contract Total Amount
6. The Owner certifies that the contingency fund balance after this change is
$12,991,963.72
$
Fill in one copy only
I certify that my Bonding Company will be notified forthwith that my contract has been increased by the amount of this
change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety.
Shaw Environmental & Infrastructure, Inc. By: 42 ~ ...;7~ '1l/ 1.1 / O)
(Contractor) (Date)
200 Horizon Center Blvd Gary W. Duke, P.E.
Trenton, NJ 08691-1904 Project Manager
Earth Tech By: ~ -----------------(Designer)
_ N_C_D_E_N_R_...,_D_iv_of_W_a_st_e_M_a_n_a_..g'-e_m_e_n_t ___ By:
(Owner)
State Construction Office By: -----------------
-----------------By :
Other approving Agency (if needed)
DISTRIBUTION: 1 original to State Construction
1 original to Owner
1 original to Board or Commission (if any)
te)
/h ~ ;3~_9_/4-_/4-=-3 _
1 (Date)
1 original to Designer
1 original to Contractor
1 original to Surety
(Date)
(Date)
,
1
REQf:,JEST F"D "' l'T"l '"''"''~1\TION TO, CHANGE
DATE: .-.ugu!>·, i.l, l003 ' STATE CODE: SC0#010440101A
REQUEST NO.:
OWNER:
14
NCDENR
Earth Tech(
PROJECT NAME: Warren County PCB Landfill
CONTRACTOR: Shaw Environmental & Infrastructure, Inc.
DESIGNER: CONTRACT FOR: BCD Detoxification
DESCRIPTION OF CHANGE:
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of
$196.00 per load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this
change order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to
be used.
Schedule is unaffected by this change.
REASON FOR CHANGE:
Offsite cover soil must be supplied to replace onsite material which was to be used for clean cover but which was
found to be contaminated with PCBs. Payment for placing this offsite cover soil offsets costs incurred by
contractor in moving contaminated soil back into bottom 15 ft of landfill as required by USEPA. Increase in credit
line item for state supplied fuel both offsets these soil related costs arid is required to cover actual fuel use in
excess of that anticipated by previous Change Order #9.
SUMMARY REVIEW OF CONTRACTOR'S ESTIMATE FOR TIME AND COST: (Attach Contractor's detailed cost breakdown of labor
and materials).
Add line 23-"Supply, deliver and place cover soil"
estimate 400 truck loads at $196.00/load
Increase line 20 -"CREDIT for state supplied fuel" by
estimated 77,777 gallons at $1.008/gal
Total change order value:
DESIGNER SUMMARY:
1. Schedule items affected by this change: None
ADD
CREDIT
2. Can Contractor mitigate the change without requiring a contract time extension? Yes
$78,400.00
($78,400.00)
$0.00
3. Will the change require a contract time extension for other contractors? No Which? n/a
4. Are additional costs indicated by reason of the time extension? No If so they must be included in 5 & 6 Below.
CONTRACTOR'S ESTIMATE DESIGNER'S ESTIMATE
5. Estimated cost of change: ____ $_0_.o_o ________ _ 10.oo
6. Estimated time extension field cost (if any) Covered by unit price for Shaw
DESIGNER RECOMMENDATION AND CERTIFICATION:
I certify that I have reviewed all aspects of this change order and have determined that it is in the best interest of the owner to have the
work accomplished. I have also determined that the cost and lime allotment are fair and equitable, and I recommend acceptance by the
owner.
Approved by:
Title:
t
· ns for change order for import and placement of cover sott
Quantity required
Materials
Shaw Environmental and Earth Tech have agreed upon an estimated quantity of:
4,000 cubic yards of material to be imported and placed
we have also agreed upon an assumed in place density of: 1.5 tons/cy
which would result in an estimated quantiy of:
6,000 tons
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
estimates 400 tandem dump truck loads required, which wori<s out to be 1 O cy/load
or 15 tons/load.
KPH quota to furnish and deliver dirt Is $125.00/load
based on average of 15 tons/load this equals a unit rete of $ 8.33 per ton
for estimated quantity of
alternate calculation:
400 loads@
6,000 tons
S 125.00 /load
Total Material direct cost to Shaw"
total coat 11 $50,000.00
total cost Is $60,000.00
$50,000.00
Subcontract Placement
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
quotes rate of $175.00/load in place. Subtract rate of $125.00/load to furnish and deliver
to arrive at rate of $50.00/load to place.
KPH quote to place Imported dirt 11 $50.0onoad
based on average of 15 tons/load this equals a unit rate of $ 3.33 per ton
for estimated quantity of
alternate calculation:
400 loads@ $
6,000 tons
50.00 /load
Total Subcontract direct cost to Shaw=
Shaw Labor
Task Catego~ Hours
total COit Is $20,000.00
total cost Is $20,000.00
$20,000.00
Hourty Item
Cost Cost
initial staking Supervisor 1 $ 47.25 $ 47.25 D. Ditcher
initial staking Laborer 8 $ 15.04 $ 120.32 D. King
replace damaged stakes Laborer 8 $ 15.04 $ 120.32 D. King
oversee KPH. get truck count. documents to Earth Tech, allow 2 hrs/day for 10 days
Supervisor 20 $ 47.25 $ 945.00 D. Ditcher
Total Shaw Labor direct cost= 37 $ 1,232.89
Shaw Mari<up and Total Cost
Material
Subcontract
Subtotal third party direct cost
Shaw mari<up at 10%
Subtotal third party total cost
Shaw Labor
Shaw markup at 20%
Subtotal Shaw labor total cost
Estimated total cost to NCDENR
$50,000.00
$20,000.00
$70,000.00
$ 7,000.00
$77,000.00
$ 1,232.89
$ 184.93
$ 1,417.82
$78,417.82
Divide total cost by estimate of 400 truckloads to arrive at.proposed unit rate for change order
Calculate change order unit rate: $ 196.04 per load
Round unit rate to nearest whole dollar: $ 196.00 per load
Estimated value of change order, based on estimated total of 400 truckloads
$78,400.00
September 2, 2003
Ms. Patricia M. Backus, P.E.
North Carolina Department of Environment and Natural Resources
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
RE: Change Order No. 14
Warren County Detoxification Oversight Project
NC SCO ID No. 010440101A
Dear Pat:
Attached are six signed copies of the referenced document. Please feel free to call me at
[phone] if you have any questions or require additional information.
Regards,
Jim Cloonan, P.E.
Project Manager
/attachment
c: John Funk, Raleigh (letter only)
E A R T H © T E C H
A Tyco Infrastructure Services Company
OC-~4 rev. 9-88
INSTITUTION:
PROJECT:
ST A TE CODE & ITEM :
CONTRACT FOR:
CONTRACTOR:
NCDENR
STATE CONSTRUCTION OFFICE
CHANGE ORDER NO. 14
Warren County PCB Landfill Detoxification
ID#: 010440101A
BCD Detoxification
Shaw Environmental & Infrastructure, Inc.
200 Horizon Center Blvd, Trenton, NJ 08691-1904
X OR Owner Request
D CR Contractor Request
D DR Designer Request
D CC Concealed Condition D DE Design Error D DO Design Omission
0 SC Schedule Change
0 OT Other
Under the terms of the Contract and without invalidating the original provisions thereof, the following change in work is
authorized for the change in contract amount herein set forth: (Description of change order attached)
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of $196.00 per
load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this change
order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to be used.
The time of completion including previous orders is 928 calendar days and shall be unchanged by Q calendar days by this
change order, for a revised contract date of completion of September 26, 2003.
CONTRACT COST SUMMARY
1. Original Contract Amount
2. Amt. Of Previous Orders
3. Amt. Of This Order:
ADD
ADD
TOTALS
$6,658,000.00
$6,719,339.00 Deduct $385,375.28
$ 0.00 Deduct $ 0.00
4. Total additions lines 2 &3 $6,719,339.00 Minus Total Deducts: $385,375.28 $6,333,963.72
(Line 4 shall show the net amount to be added or (deducted) from the contract amount.)
5. Revised Contract Total Amount
6. The Owner certifies that the contingency fund balance after this change is
$12,991,963.72
$
Fill in one copy only
I certify that my Bonding Company will be notified forthwith that my contract has been increased by the amount of this
change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety.
Shaw Environmental & Infrastructure, Inc. By: ~ ~ ~ ~
(Contractor)
200 Horizon Center Blvd Gary . Duke, P.E.
Earth Tech By: _ ~
Trenton, NJ 08691-1904 Procject~anar _r !
(Designer)
_N_C_D_E_N_R_,_,_D_iv_o_f W_a_st_e_M_a_n_a__.,g._e_m_e_n_t ___ By: ~-it~--~. &~----/
(Owner)
State Construction Office -----------------By:
--------------By: Other approving Agency (if needed)
DISTRIBUTION: 1 original to State Construction
1 original to Owner
1 original to Board or Commission (if any)
1 original to Designer
1 original to Contractor
1 original to Surety
(Date)
(date)
(Date)
(Date)
(Date)
REOUEST FOR AUTHORIZATION TO CHANGE
DAT~ August 27, 2003 STATE CODE: SCO#010440101A
REQUEST NO.: 14
NCDENR
Earth Tech
PROJECT NAME: Warren County PCB Landfill
OWNER: CONTRACTOR: Shaw Environmental & Infrastructure, Inc.
DESIGNER: CONTRACT FOR: BCD Detoxification
DESCRIPTION OF CHANGE:
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of
$196.00 per load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this
change order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to
be used.
Schedule is unaffected by this change.
REASON FOR CHANGE:
Offsite cover soil must be supplied to replace onsite material which was to be used for clean cover but which was
found to be contaminated with PCBs. Payment for placing this offsite cover soil offsets costs incurred by
contractor in moving contaminated soil back into bottom 15 ft of landfill as required by USEPA. Increase in credit
line item for state supplied fuel both offsets these soil related costs arid is required to cover actual fuel use in
excess of that anticipated by previous Change Order #9.
SUMMARY REVIEW OF CONTRACTOR'S ESTIMATE FOR TIME AND COST: (Attach Contractor's detailed cost breakdown of labor
and materials).
Add line 23-"Supply, deliver and place cover soil"
estimate 400 truck loads at $196.00/load
Increase line 20 -"CREDIT for state supplied fuel" by
estimated 77,777 gallons at $1 .008/gal
Total change order value:
DESIGNER SUMMARY:
1. Schedule items affected by this change: None
ADD
CREDIT
2. Can Contractor mitigate the change without requiring a contract time extension? Yes
3. Will the change require a contract time extension for other contractors? No Which? n/a
$78,400.00
($78,400.00)
$0.00
4. Are additional costs indicated by reason of the time extension? No If so they must be included in 5 & 6 Below.
CONTRACTOR'S ESTIMATE DESIGNER'S ESTIMATE
5. Estimated cost of change: ----'-$....:..0""'.0....:..0 ________ _ f0.00
6. Estimated time extension field cost (if any) Covered by unit price for Shaw /Vo'r\,e
DESIGNER RECOMMENDATION AND CERTIFICATION:
I certify that I have reviewed all aspects of this change order and have determined that it is in the best interest of the owner to have the
work accomplished. I have also determined that the cost and time allotment are fair and equitable, and I recommend acceptance by the
owner.
Approved by:
Title:
r change order for import and placement of cover soil
Quantity required
Materials
Shaw Environmental and Earth Tech have agreed upon an estimated quantity of:
4,000 cubic yards of material to be imported and placed
we have also agreed upon an assumed in place density of: 1.5 tons/cy
which would result in an estimated quantiy of:
6,000 tons
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
estimates 400 tandem dump truck loads required, which works out to be 10 cynoad
or 15 tonsnoad.
KPH quote to furnish and deliver dirt is $125.00/load
based on average of 15 tonsnoad this equals a unit rate of $ 8.33 per ton
for estimated quantity of
alternate calculation:
400 loads@
6,000 tons
$ 125.00 noad
Total Material direct cost to Shaw=
total cost is $50,000.00
total cost is $50,000.00
$50,000.00
Subcontract Placement
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
quotes rate of $175.oonoad in place. Subtract rate of $125.oonoad to furnish and deliver
to arrive at rate of $50.oonoad to place.
KPH quote to place imported dirt Is $50.00/load
based on average of 15 tons/load this equals a unit rate of $ 3.33 per ton
for estimated quantity of
alternate calculation:
400 loads@ $
6,000 tons
50.00 noad
Total Subcontract direct cost to Shaw=
Shaw Labor
Task Cate90~ Hours
total cost Is $20,000.00
total cost is $20,000.00
$20,000.00
Hourly Item
Cost Cost
initial staking Supervisor 1 $ 47.25 $ 47.25 D. Ditcher
initial staking Laborer 8 $ 15.04 $ 120.32 D. King
replace damaged stakes Laborer 8 $ 15.04 $ 120.32 D. King
oversee KPH, get truck count, documents to Earth Tech, allow 2 hrs/day for 10 days
Supervisor 20 $ 47.25 $ 945.00 D. Ditcher
Total Shaw Labor direct cost= 37 $ 1,232.89
Shaw Markup and Total Cost
Material
Subcontract
Subtotal third party direct cost
Shaw markup at 10%
Subtotal third party total cost
Shaw Labor
Shaw markup at 20%
Subtotal Shaw labor total cost
Estimated total cost to NCDENR
$50,000.00
$20,000.00
$70,000.00
$ 7,000.00
$77,000.00
$ 1,232.89
$ 184.93
$ 1,417.82
$78,417.82
Divide total cost by estimate of 400 truckloads to arrive at proposed unit rate for change order
Calculate change order unit rate: $ 196.04 per load
Round unit rate to nearest whole dollar: $ 196.00 per load
Estimated value of change order, based on estimated total of 400 truckloads
$78,400.00
OC-;i4 rev. 9-88 ,.
INSTITUTION:
PROJECT:
ST A TE CODE & ITEM :
CONTRACT FOR:
CONTRACTOR:
NCDENR
STATE CONSTRUCTION OFFICE
CHANGE ORDER NO . 14
Warren County PCB Landfill Detoxification
ID#: 010440101A
BCD Detoxification
Shaw Environmental & Infrastructure, Inc.
200 Horizon Center Blvd, Trenton, NJ 08691-1904
X OR Owner Request
D CR Contractor Request
D DR Designer Request
D CC Concealed Condition
D DE Design Error D DO Design Omission
□ SC Schedule Change
□ OT Other
Under the terms of the Contract and without invalidating the original provisions thereof, the following change in work is
authorized for the change in contract amount herein set forth: (Description of change order attached)
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of $196.00 per
load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this change
order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to be used.
The time of completion including previous orders is 928 calendar days and shall be unchanged by Q calendar days by this
change order, for a revised contract date of completion of September 26, 2003.
CONTRACT COST SUMMARY
1. Original Contract Amount
2. Amt. Of Previous Orders ADD $6,719,339.00 Deduct
3. Amt. Of This Order: ADD $ 0.00 Deduct
4. Total additions lines 2 &3 $6,719,339.00 Minus Total Deducts:
(Line 4 shall show the net amount to be added or (deducted) from the contract amount.)
5. Revised Contract Total Amount
6. The Owner certifies that the contingency fund balance after this change is
$385,375.28
$ 0.00
$385,375.28
TOTALS
$6,658,000.00
$6,333,963.72
$12,991,963.72
$
Fill in one copy only
I certify that my Bonding Company will be notified forthwith that my contract has been increased by the amount of this
change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety. /
Shaw Environmental & Infrastructure, Inc. By: ::z ~ ..,(}~ ~-'l.1/ •J
(Contractor) (Date)
200 Horizon Center Blvd Gary · . Duke, P.E.
Trenton, NJ 08691-1904 Proj&ect ,Mana(e~
Earth Tech By: ~ ~
(Designer)
_N_C_D_E_N_R--',_D_iv_o_f W_a_st_e_M_an_a~g._e_m_e_n_t ___ By:
(Owner)
By: -----------------State Construction Office
-----------------By:
0th er approving Agency (if needed)
DISTRIBUTION: 1 original to State Construction
1 original to Owner
1 original to Board or Commission (if any)
1 original to Designer
1 original to Contractor
1 original to Surety
( ate)
(Date)
(Date)
(Date)
REG.UEST FOR AUTHORIZATION TO CHANGE
DATE: August 27, 2003 STATE CODE: SCO#010440101 A
REQUEST NO.: 14
NCDENR
Earth Tech
PROJECT NAME: Warren County PCB Landfill
OWNER: CONTRACTOR: Shaw Environmental & Infrastructure, Inc.
DESIGNER: CONTRACT FOR: BCD Detoxification
DESCRIPTION OF CHANGE:
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of
$196.00 per load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this
change order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to
be used.
Schedule is unaffected by this change.
REASON FOR CHANGE:
Offsite cover soil must be supplied to replace onsite material which was to be used for clean cover but which was
found to be contaminated with PCBs. Payment for placing this offsite cover soil offsets costs incurred by
contractor in moving contaminated soil back into bottom 15 ft of landfill as required by USEPA. Increase in credit
line item for state supplied fuel both offsets these soil related costs arid is required to cover actual fuel use in
excess of that anticipated by previous Change Order #9.
SUMMARY REVIEW OF CONTRACTOR'S ESTIMATE FOR TIME AND COST: (Attach Contractor's detailed cost breakdown of labor
and materials).
Add line 23-"Supply, deliver and place cover soil"
estimate 400 truck loads at $196.00/load
Increase line 20 -"CREDIT for state supplied fuel" by
estimated 77,777 gallons at $1. 008/gal
Total change order value:
DESIGNER SUMMARY:
1. Schedule items affected by this change: None
ADD
CREDIT
2. Can Contractor mitigate the change without requiring a contract time extension? Yes
3. Will the change require a contract time extension for other contractors? No Which? n/a
$78,400.00
($78,400.00)
$0.00
4. Are additional costs indicated by reason of the time extension? No If so they must be included in 5 & 6 Below.
CONTRACTOR'S ESTIMATE DESIGNER'S ESTIMATE
5. Estimated cost of change: _$_0_.0_0 ________ _
6. Estimated time extension field cost (if any) Covered by unit price for Shaw
DESIGNER RECOMMENDATION AND CERTIFICATION:
I certify that I have reviewed all aspects of this change order and have determined that it is in the best interest of the owner to have the
work accomplished. I have also determined that the cost and time allotment are fair and equitable, and I recommend acceptance by the
owner.
Approved by:
Title:
r change order for import and placement of cover soil
Quantity required
Materials
Shaw Environmental and Earth Tech have agreed upon an estimated quantity of:
4,000 cubic yards of material to be imported and placed
we have also agreed upon an assumed in place density of: 1.5 tons/cy
which would result in an estimated quantiy of:
6,000 tons
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
estimates 400 tandem dump truck loads required, which works out to be 10 cy/load
or 15 tons/load.
KPH quote to furnish and deliver dirt is $125.00/load
based on average of 15 tons/load this equals a unit rate of $ 8.33 per ton
for estimated quantity of
alternate calculation:
400 loads@
6,000 tons
$ 125.00 /load
Total Material direct cost to Shaw=
total cost is $50,000.00
total cost is $50,000.00
$50,000.00
Subcontract Placement
Reference August 19, 2003 proposal from KPH Trucking & Landscaping. Inc., it
quotes rate of $175.00/load in place. Subtract rate of $125.00/ioad to furnish and deliver
to arrive at rate of $50.00/ioad to place.
KPH quote to place imported dirt is $50.00/load
based on average of 15 tons/load this equals a unit rate of $ 3.33 per ton
for estimated quantity of
alternate calculation:
400 loads@ $
6,000 tons
50.00 /load
Total Subcontract direct cost to Shaw=
Shaw Labor
Task Catego!:}'. Hours
total cost is $20,000.00
total cost is $20,000.00
$20,000.00
Hourly Item
Cost Cost
initial staking Supervisor 1 $ 47.25 $ 47.25 D. Ditcher
initial staking Laborer B $ 15.04 $ 120.32 D. King
replace damaged stakes Laborer B $ 15.04 $ 120.32 D. King
oversee KPH, get truck count, documents to Earth Tech, allow 2 hrs/day for 10 days
Supervisor 20 $ 47.25 $ 945.00 D. Ditcher
Total Shaw Labor direct cost= 37 $ 1,232.89
Shaw Markup and Total Cost
Material
Subcontract
Subtotal third party direct cost
Shaw markup at 10%
Subtotal third party total cost
Shaw Labor
Shaw markup at 20%
Subtotal Shaw labor total cost
Estimated total cost to NCDENR
$50,000.00
$20,000.00
$70,000.00
$ 7,000.00
$77,000.00
$ 1,232.89
$ 184.93
$ 1,417.82
$78,417.82
Divide total cost by estimate of 400 truckloads to arrive at proposed unit rate for change order
Calculate change order unit rate: $ 196.04 per load
Round unit rate to nearest whole dollar: $ 196.00 per load
Estimated value of change order, based on estimated total of 400 truckloads
$78,400.00
, OC-~4 rev. 9-88 ,
INSTITUTION:
PROJECT:
STA TE CODE & ITEM :
CONTRACT FOR:
CONTRACTOR:
NCDENR
STATE CONSTRUCTION OFFICE
CHANGE ORDER NO. 14
Warren County PCB Landfill Detoxification
ID#: 010440101A
BCD Detoxification
Shaw Environmental & Infrastructure, Inc.
200 Horizon Center Blvd, Trenton, NJ 08691-1904
X OR Owner Request
D CR Contractor Request
D DR Designer Request D CC Concealed Condition
D DE Design Error D DO Design Omission
0 SC Schedule Change 0 OTOther
Under the terms of the Contract and without invalidating the original provisions thereof, the following change in work is
authorized for the change in contract amount herein set forth: (Description of change order attached)
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of $196.00 per
load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this change
order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to be used.
The time of completion including previous orders is 928 calendar days and shall be unchanged by Q calendar days by this
change order, for a revised contract date of completion of September 26, 2003.
CONTRACT COST SUMMARY
1. Original Contract Amount
2. Amt. Of Previous Orders
3. Amt. Of This Order:
ADD
ADD
TOTALS
$6,658,000.00
$6,719,339.00 Deduct $385,375.28
$ 0.00 Deduct $ 0.00
4. Total additions lines 2 &3 $6,719,339.00 Minus Total Deducts: $385,375.28 $6,333,963.72
(Line 4 shall show the net amount to be added or (deducted) from the contract amount.)
5. Revised Contract Total Amount
6. The Owner certifies that the contingency fund balance after this change is
$12,991 ,963.72
$
Fill in one copy only
I certify that my Bonding Company will be notified forthwith that my contract has been increased by the amount of this
change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety.
Shaw Environmental & Infrastructure, Inc. By: 2 ~-~ i / 1--J v 'l
(Contractor) (date)
200 Horizon Center Blvd Gary W. uke, P.E.
Earth Tech By: ~ ~
Trenton, NJ 0869 1-1904 Proffject ~ana~er
(Designer)
_N_C_D_E_N_R_,_,_D_iv_o_fW_a_st_e_M_a_n_a....,.g._e_m_e_n-'-t ___ By: ~~ }E . ~~~
(Owner)
State Construction Office -----------------By:
--------------By: Other approving Agency (if needed)
DISTRIBUTION: 1 original to State Construction
1 original to Owner
1 original to Board or Commission (if any)
1 original to Designer
1 original to Contractor
1 original to Surety
' (D'ate)
(Date)
(Date)
(Date)
REQUEST FOR AUTHORIZATION TO CHANGE
, DATE: August 27, 2003 STATE CODE: SCO#010440101A
REQUEST NO.: 14
NCDENR
Earth Tech
PROJECT NAME: Warren County PCB Landfill
OWNER: CONTRACTOR: Shaw Environmental & Infrastructure, Inc.
DESIGNER: CONTRACT FOR: BCD Detoxification
DESCRIPTION OF CHANGE:
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of
$196.00 per load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this
change order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to
be used.
Schedule is unaffected by this change.
REASON FOR CHANGE:
Offsite cover soil must be supplied to replace onsite material which was to be used for clean cover but which was
found to be contaminated with PCBs. Payment for placing this offsite cover soil offsets costs incurred by
contractor in moving contaminated soil back into bottom 15 ft of landfill as required by USEPA. Increase in credit
line item for state supplied fuel both offsets these soil related costs arid is required to cover actual fuel use in
excess of that anticipated by previous Change Order #9.
SUMMARY REVIEW OF CONTRACTOR'S ESTIMATE FOR TIME AND COST: (Attach Contractor's detailed cost breakdown of labor
and materials).
Add line 23-"Supply, deliver and place cover soil"
estimate 400 truck loads at $196.00/load
Increase line 20 -"CREDIT for state supplied fuel" by
estimated 77,777 gallons at $1 .008/gal
Total change order value:
DESIGNER SUMMARY:
1. Schedule items affected by this change: None
ADD
CREDIT
2. Can Contractor mitigate the change without requiring a contract time extension? Yes
3. Will the change require a contract time extension for other contractors? No Which? n/a
$78,400.00
($78,400.00)
$0.00
4. Are additional costs indicated by reason of the time extension? No If so they must be included in 5 & 6 Below.
CONTRACTOR'S ESTIMATE DESIGNER'S ESTIMATE
5. Estimated cost of change: --'-$_0_.o_o ________ _
6. Estimated time extension field cost (if any) Covered by unit price for Shaw
DESIGNER RECOMMENDATION AND CERTIFICATION:
I certify that I have reviewed all aspects of this change order and have determined that it is in the best interest of the owner to have the
work accomplished. I have also determined that the cost and time allotment are fair and equitable, and I recommend acceptance by the
owner.
Approved by:
Title:
r change order for import and placement of cover soil
Quantity required
Materials
Shaw Environmental and Earth Tech have agreed upon an estimated quantity of:
4,000 cubic yards of material to be imported and placed
we have also agreed upon an assumed in place density of: 1.5 tons/cy
which would result in an estimated quantiy of:
6,000 tons
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
estimates 400 tandem dump truck loads required, which works out to be 10 cy/load
or 15 tons/load.
KPH quote to furnish and deliver dirt is $125.00/load
based on average of 15 tons/load this equals a unit rate of $ 8.33 per ton
for estimated quantity of
alternate calculation:
400 loads@
6,000 tons
$ 125.00 /load
Total Material direct cost to Shaw=
total cost is $50,000.00
total cost is $50,000.00
$50,000.00
Subcontract Placement
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
quotes rate of $175.00/load in place. Subtract rate of $125.00/load to furnish and deliver
to arrive at rate of $50.00/load to place.
KPH quote to place imported dirt Is $50.00/load
based on average of 15 tons/load this equals a unit rate of $ 3.33 per ton
for estimated quantity of
alternate calculation:
400 loads@ $
6,000 tons
50.00 /load
Total Subcontract direct cost to Shaw=
Shaw Labor
Task Cate90~ Hours
total cost is $20,000.00
total cost Is $20,000.00
$20,000.00
Hourly Item
Cost Cost
initial staking Supervisor 1 $ 47.25 $ 47.25 D. Ditcher
initial staking Laborer 8 $ 15.04 $ 120.32 D. King
replace damaged stakes Laborer 8 $ 15.04 $ 120.32 D. King
oversee KPH, get truck count, documents to Earth Tech, allow 2 hrs/day for 10 days
Supervisor 20 $ 47.25 $ 945.00 D. Ditcher
Total Shaw Labor direct cost= 37 $ 1,232.89
Shaw Markup and Total Cost
Material
Subcontract
Subtotal third party direct cost
Shaw markup at 10%
Subtotal third party total cost
Shaw Labor
Shaw markup at 20%
Subtotal Shaw labor total cost
Estimated total cost to NCDENR
$50,000.00
$20,000.00
$70,000.00
$ 7,000.00
$77,000.00
$ 1,232.89
$ 184.93
$ 1,417.82
$78,417.82
Divide total cost by estimate of 400 truckloads to arrive at proposed unit rate for change order
Calculate change order unit rate: $ 196.04 per load
Round unit rate to nearest whole dollar: $ 196.00 per load
Estimated value of change order, based on estimated total of 400 truckloads
$78,400.00
OC-~4 rev. 9-88
INSTITUTION:
PROJECT:
ST A TE CODE & ITEM :
CONTRACT FOR:
CONTRACTOR:
NCDENR
STATE CONSTRUCTION OFFICE
CHANGE ORDER NO. 14
Warren County PCB Landfill Detoxification
ID#: 010440101A
BCD Detoxification
Shaw Environmental & Infrastructure, Inc.
200 Horizon Center Blvd, Trenton, NJ 08691-1904
X OR Owner Request
D CR Contractor Request D DR Designer Request
D CC Concealed Condition D DE Design Error
D DO Design Omission 0 SC Schedule Change
0 OT Other
Under the terms of the Contract and without invalidating the original provisions thereof, the following change in work is
authorized for the change in contract amount herein set forth: (Description of change order attached)
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of $196.00 per
load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this change
order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to be used.
The time of completion including previous orders is 928 calendar days and shall be unchanged by Q calendar days by this
change order, for a revised contract date of completion of September 26, 2003.
CONTRACT COST SUMMARY
1. Original Contract Amount
2. Amt. Of Previous Orders ADD $6,719,339.00 Deduct
3. Amt. Of This Order: ADD $ 0.00 Deduct
4. Total additions lines 2 &3 $6,719,339.00 Minus Total Deducts:
(Line 4 shall show the net amount to be added or (deducted) from the contract amount.)
5. Revised Contract Total Amount
6. The Owner certifies that the contingency fund balance after this change is
$385,375.28
$ 0.00
$385,375.28
TOTALS
$6,658,000.00
$6,333,963.72
$12,991,963.72
$
Fill in one copy only
I certify that my Bonding Company will be notified forthwith that my contract has been increased by the amount of this
change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety.
Shaw Environmental & Infrastructure, Inc. By: :::3:. ,.......-:,.....-. -</~
(Contractor)
200 Horizon Center Blvd Ga . uke, P.E.
Trenton, NJ 08691-1904 Pro~ject _Ma~
Earth Tech By: ~ ~
(Designer)
~Y> -K . .J _N_C_D_E_N_R__,_,_D_iv_of_W_a_st_e_M_a_n_a_.,g,_e_m_e_n_t ___ By : "-f!~____, ll) , ~~
(Owner)
State ConstructiOn Office -----------------By:
--------------By : Other approving Agency (if needed)
DISTRIBUTION: 1 original to State Construction
1 original to Owner
1 original to Board or Commission (if any)
1 original to Designer
1 original to Contractor
1 original to Surety
( ate)
9/Z,joJ
1 (Date)
q ~ ( ate)
(Date)
(Date)
REQUEST FOR AUTHORIZATION TO CHANGE
I DATE: August 27, 2003
14
STATE CODE: SCO#010440101A
REQUEST NO.: PROJECT NAME: Warren County PCB Landfill
OWNER: NCDENR CONTRACTOR: Shaw Environmental & Infrastructure, Inc.
DESIGNER: Earth Tech CONTRACT FOR: BCD Detoxification
DESCRIPTION OF CHANGE:
Add new line item 23, "Supply, deliver and place 6,000 tons (400 truck loads) of cover soil" at unit price of
$196.00 per load, for a total estimated value of $78,400.00.
Increase line item 20, "CREDIT for fuel supplied by state", by an offsetting amount to keep the net value of this
change order at zero. It is anticipated that this increase will be adequate to cover the remaining fuel expected to
be used.
Schedule is unaffected by this change.
REASON FOR CHANGE:
Offsite cover soil must be supplied to replace onsite material which was to be used for clean cover but which was
found to be contaminated with PCBs. Payment for placing this offsite cover soil offsets costs incurred by
contractor in moving contaminated soil back into bottom 15 ft of landfill as required by USEPA. Increase in credit
line item for state supplied fuel both offsets these soil related costs arid is required to cover actual fuel use in
excess of that anticipated by previous Change Order #9.
SUMMARY REVIEW OF CONTRACTOR'S ESTIMATE FOR TIME AND COST: (Attach Contractor's detailed cost breakdown of labor
and materials).
Add line 23-"Supply, deliver and place cover soil"
estimate 400 truck loads at $196.00/load
Increase line 20 -"CREDIT for state supplied fuel" by
estimated 77,777 gallons at $1 .008/gal
Total change order value:
DESIGNER SUMMARY:
1. Schedule items affected by this change: None
ADD
CREDIT
2. Can Contractor mitigate the change without requiring a contract lime extension? Yes
$78,400.00
($78,400.00)
$0.00
3. Will the change require a contract time extension for other contractors? No Which? n/a
4. Are additional costs indicated by reason of the lime extension? No If so they must be included in 5 & 6 Below.
CONTRACTOR'S ESTIMATE DESIGNER'S ESTIMATE
5. Estimated cost of change: ____ $_0_.o_o ________ _
6. Estimated time extension field cost (if any) Covered by unit price for Shaw
DESIGNER RECOMMENDATION AND CERTIFICATION:
I certify that I have reviewed all aspects of this change order and have determined that ii is in the best interest of the owner to have the
work accomplished. I have also determined that the cost and time allotment are fair and equitable, and I recommend acceptance by the
owner.
Approved by:
Title:
I
s for change order for import and placement of cover soil
Quantity required
Materials
Shaw Environmental and Earth Tech have agreed upon an estimated quantity of:
4,000 cubic yards of material to be imported and placed
we have also agreed upon an assumed in place density of: 1.5 tons/cy
which would result in an estimated quantiy of:
6,000 tons
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
estimates 400 tandem dump truck loads required, which works out to be 10 cy/load
or 15 tons/load.
KPH quote to furnish and deliver dirt is $125.00/load
based on average of 15 tons/load this equals a unit rate of $ 8.33 per ton
for estimated quantity of
alternate calculation:
400 loads@
6,000 tons
$ 125.00 /load
Total Material direct cost to Shaw=
total cost is $50,000.00
total cost Is $50,000.00
$50,000.00
Subcontract Placement
Reference August 19, 2003 proposal from KPH Trucking & Landscaping, Inc., it
quotes rate of $175.00/load in place. Subtract rate of $125.00/load to furnish and deliver
to arrive at rate of $50.00/load to place.
KPH quote to place imported dirt Is $50.00/load
based on average of 15 tons/load this equals a unit rate of $ 3.33 per ton
for estimated quantity of
alternate calculation:
400 loads@ $
6,000 tons
50.00 /load
Total Subcontract direct cost to Shaw=
Shaw labor
Task Catego!}'. Hours
total cost is $20,000.00
total cost Is $20,000.00
$20,000.00
Hourly Item
Cost Cost
initial staking Supervisor 1 $ 47.25 $ 47.25 D. Ditcher
initial staking Laborer 8 $ 15.04 $ 120.32 D. King
replace damaged stakes Laborer 8 $ 15.04 $ 120.32 D. King
oversee KPH, get truck count, documents to Earth Tech, allow 2 hrs/day for 10 days
Supervisor 20 $ 47.25 $ 945.00 D. Ditcher
Total Shaw Labor direct cost= 37 $ 1,232.89
Shaw Markup and Total Cost
Material
Subcontract
Subtotal third party direct cost
Shaw markup at 10%
Subtotal third party total cost
Shaw Labor
Shaw markup at 20%
Subtotal Shaw labor total cost
Estimated total cost to NCDENR
$50,000.00
$20,000.00
$70,000.00
$ 7,000.00
$77,000.00
$ 1,232.89
$ 184.93
$ 1,417.82
$78,417.82
Divide total cost by estimate of 400 truckloads to arrive at proposed unit rate for change order
Calculate change order unit rate: $ 196. 04 per load
Round unit rate to nearest whole dollar: $ 196.00 per load
Estimated value of change order, based on estimated total of 400 truckloads
$78,400.00
..
10 Patcwood Drive , Bldg . VJ, Suite 500, Greenville , South Carolina 29615
February 7, 2003
Mr. Gary Duke, P.E.
Shaw Environmental & Infrastructure
200 Horizon Center Blvd.
Trenton, NJ 08691-1904
RE: Request for Change Order Due to Change in Soil Conditions
Elevated Moisture
Warren County PCB Landfill Detoxification Project
NC SCO ID No.6095520110
Dear Mr. Duke:
This letter is in response to the draft MSR Change Order for moisture content that you e-
mailed me on January 31 st• In suminary, MSR is seeking additional compensation because
the moisture content of their feed soils is greater than the 9.25 percent assumed in their bid to
Shaw. Earth Tech can see no material basis for this change order. Bids for the project were
based on the following:
• Basis of Bids (Attachment 2 of the Program Documents): Feed composition to have
moisture content of 5 -40 percent. This statement was expressly included to inform
bidders of the potential variability in moisture content of the feed materials.
• Instructions to Bidders (Article 2, Examination of Conditions): By submittal of a bid,
the contractor acknowledges that he has carefully examined all documents and
conditions of the work, and has no doubt as to the meaning of the bid documents.
Shaw and MSR, as well as all other bidders, were given the opportunity to perform
sampling of the landfill and to examine all Division of Environment and Natural
Resources (DENR) files prior to bidding.
• The Program Documents provided no guarantees of moisture content of the feed
soils. Shaw and MSR should have known that the soil moisture content would vary
once the landfill was opened to the weather. Management of materials in the open
landfill is the responsibility of Shaw and MSR. Shaw is compensated for moisture in
part because the unit rate is based on the weight of soil prior to treatment.
• The Form of Proposal signed by IT (now Shaw) states " ... with a definite
understanding that no money will be allowed for extra work except as set forth in the
General Conditions and the contract documents ... ". MSR's letter does not provide
such a basis for additional compensation. The arguments in the referenced document
represent contractual issues between Shaw and MSR, not a change in conditions at
the landfill.
Please feel free to call me at [phone] if you have any questions.
EARTH®T EC H
A tqca INTERNATIONAL LTD. COMPANY
Teleph·one
864.234.3000
Facsimile
864.234.3069
I. 10 Patewood Drive, Bldg. VI, Suite 500 , Greenville, South Carolina 29615
Mr. Gary Duke, P.E.
February 7, 2003
Page Two
Sincerely,
Earth Tech of North Carolina, Inc.
Jim Cloonan, P.E.
Project Manager
c: Pat Backus, NCDENR
John Funk, Raleigh
E A R T H © T E C H
A tqca INTERNATIONAL LTD. COMPANY
Telephone
864.234 .3000
Facsimile
864 .234 .3069
6 Stiaw111e Shaw Group Inc.™
December 201 2002
Earth Tech
10 Patewood Drive
Building VI, Suite 500
Greenville, SC 29615
Attn: Mr. Jim Cloonan, P.E.
[phone] phone
[phone] fax
VIAFAX
Subject: Notice of Potential Change Order .
Warren County Landfill PCB Detoxification
NCSCO ID #010440101A, Shaw Project# 827062
Dear. Mr, Cloonan,
Shaw Environmental & Infrastructure, Inc.
200 Horizon Center Blvd .
Trenton, NJ 08691-1904
Direct Dial: 609-588-6373
FAX: 609-588&6300
In accordance with General Condition #20.a of the contract, I wish to inform you of a situation which may
lead to a .request for a Change Order. Shaw's subcontractor, Midwest Soil Remediation, has issued the
enclosed Notice of Cost Impact related to an unknown organic substance fouling the condensing system of
the thermal treatment unit.
Based on my review of the information presented I do not believe that a firm conclusion can be reached at
this time as to the nature or origin of the substance and therefore whether its presence constitutes a
previously unsuspected differing site condition. I have requested that MSR advise us as to what additional
analyses they feel would be helpful in this regard and welcome any suggestions that you or your staff may
have in this regard.
Clearly, the priority in this matter should be attempts to identify the material and means to prevent or at
least mitigate further impacts. I previously discussed with you a proposal to add limited amounts of diesel
fuel to the feed soil, as described in the last paragraph of page 2 of MSR's letter. Operations this weekend
and/or the week of December 30 should provide some information on the effectiveness of that procedure.
Shaw Environmental & Infrastructure, Inc.
6 StiawThe Shaw Group Inc.'"
Should you have any questions in regard to this matter please contact me at [phone] at your earliest
convenience to discuss them.
Sincerely,
Shaw Environmental, Inc.
--~ ,A,/ p,,,,_,L-.
Gary W. Duke, P .E.
Project Manager
Enclosures: MSR 12/14/02 letter to Shaw E&I re organic fouling
Cc via fax: Pat Backus, NCDENR, with enclosure
Cc via e~mail, w/o enclosure:
Tony Fetherling, MSR
Carl Swanstrom, MSR
Carl Palmer, MSR/TDX
Bill Gallagher, Shaw E&I
Dukefile: CO notice-organic fouling-122002.doc
I
I
D.ec 18 02 04: 12p MSR Elgin, Il. 84?7424294
••'
: ~ci~\BJ
MidweesT Soil REMEdiATioN, INCo
December 14, 2002
Shaw Environn1ent & Infrastructure
Attn: Mr. Gary Duke
200 Horimn Center Blvd
Trenton, NJ 08691-1904
SUBJECT: Notice of Cost lnlpactt Unknown Organic Fouling Condensing System
Dear Gary;
A& you know, we have been experiencing frequent plant outages so that we can clean organic fuuling
from the condensing system. Based on direct observation of the material that fouls the system, as
well as inferences from laboratory analysis, this unknown material does not appear to be one of the
site contaminants or other previously disclosed materials thought to be in the hmdfill. We therefore
consider this to be a differing site condition and plan to request an equitable adjustment to our
contract to address the cost of this cleaning procedure.
Please be aware that we have taken aggressive steps to reduce the frequency of this deaning. We will
continue to do so. None-the-less. we cannot bear the cost of this, and request that a change to the
contract be effected as soon as possible .
Trus problem resulted in its first outage on November 24, 2002. Feed was stopped at 10:34. The
plant operators reported during the night shift starting on November 22 that there was a ••tot more
oily residue in T-1 t the condensate transfer tank. Apparently the feed soi.I had changed substantially
from what had been processed up to that time since August 23 . Within 36 hours the temperature in
· the primary condenser had climbed to unacceptable levels and the plant had to be shut down on
Novi:mber 24. Upon inspection, the HX-1 vessel was found to have three feet ofa rubbery, spongy
black organic material accumula.ted in its bottom . The fin-fan cooler, HX-50 l, was almost completely
plugged wi1h the same material. Clean up required multiple shifts. The plant was returned to
operation at 02:00 on November 27, with the outage duration totaling 63 hours, 26 minutes.
This scenario has repeated itself a. total of five rimes since it began. The total outage time has been
over 150 hours.
1480 Sheldon Drive b Elgin, Illinois 60120 Ji: Phone [phone] Jt; Fax 847•742-4294
Dec: 18 02 04:12p HSR Elgin, I 1. 847742'4294
Gary~
Not.ice ofCotat lmpa11t. Ullknown Orpnie Fouling Condlmi.ug Symn
0 utaees B ecause o ru kn D own 11"1!:amc 0 n2 oo ensers 0 "Fuli Cd
Start Outage End Outas:te Net Time Down
11/24/02 10:34 11/27/02 02:00 63:26
11/29/02 05 ;25 11/29/02 15 :14 09:49
12/2/02 10:27 12/3/02 22:15 35:48
12/14/02 08:SS 12/15/02 15 :02 40:07
12/15/02 23:30 continuing m
TOTAL >149:10
D=lnbet 18, 2002
P~2uf3
We have collected a sample of the organic material that was removed from the HX-1/HX-S01 cooling
loop. We also collected a sample of the feed on November 24. These were analyzed for PCBs and
SVOCs in an attempt to characterize the problem and develop a solution. The sample results are
attached. The feed :mil sample from November 24 is our ID number 308-55-18. The HX-l/HX-501
organic material is our sample number '.308-56.21. I have not been able to determine the chemical
compound or compounds that dominate the spongy plastic organic fouling material. I do not believe
that it is PCBs or P Alis, which are the site contaminants that we were made aware of in the bid
documents. PCBs in the HX-1 sample are only 2.2% and PAH& are 0.76%. This is simply not
enough to represent the bulk organic material that we are collecting, which was literally shoveled into
a wheel barrow. The SVOC results also report ten tentatively identified compounds (TlCs). Mr.
Palmer believes the ten TI Cs in the HX-1 material are all ~CBs, and none are other organic chemicals,
The total of the TICs is very close to the 2.2% PCB result. Since no other organic chemical is
reported in the ten TICs, and TICs arc reported in decreasing concentration order, then there does
not appear to be compounds identifiable by GC/MS at greater than 0. 7 %, and we cannot identify the
fouling chemical compound from the SVOC results.
In summary, the chemical resulls do not identify Lhe fouling organic chenuc.:ill. Nor do lhey aid in
solving the problem.
We also consider that both the Batch 46 and Batch 48 failures with PCB results near 1 ppm are a
result ofrheunstable plant operation (frequent startup and shut down) that resulted from this fouling
of the condensers, and possibly from other negative impacts of the material. We therefore consider
the cost of reprocessing these batches to be a cost impact of the unknown orgaruc chemical fouling .
We are also adding fuel oil to the feed soil in an attempt to clean the condensers and eliminate or
reduce the fouling. We do not expect this to be very costly, (as outlined in an email to you on
12/13/02) with the cost probably being only the purchase price for the fuel oil. This is because the
disposal of the recovered condensate from the fuel oil is paid under bid line 12 when the material is
processed in the liquid BCD reactor.
We are still assessing the impacts of this new condition. as well as the means and methods to address
,,,
I u~e lH 02 04:12p MSR Elgin, Il. 84?7424294
I
PARADIGM ANALYrlCAL JABORATORIES, INC.
Feed Soil 11/~:4/02
Client Sample ID: 308--55-18
Client Project ID: 827062
Lab Sample ID: 57890
Lab Project ID: G51S..114
Ma1mc: Sou
Compound
Amclor-10i6
Aroclcr-1221
Aroclor-1232
Arod0r-, 242
Arcclar-1248
Aroclar-1254
Aroclcr•1260
surrogate Spike Recoveries
TCMX
Results tor PCB•
by EPAB082
%SOLIDS: 882
Qa,anffiatk,n
Limit (ugll(GJ
38000
36000
38000
36000
30000
36000
38000
Spite
Addtd
100
Cate Collected: 11/24/02
Dalte Received: 11/27/02
Pate Analy;r.ed: 1214102
Analymd By: CLP
Dlll.1ti0n: 1000
Result
(ug/KG)
BQL
BQL
BQL
BQL
BOL
BQL
370DGO
Spike Percent
RHUR ReCOV8ntd
NA NA
"Sample was quantitated as A.roclcr 101611260, bl.rt appears ta contain a ml.lCtllre of
Aroclal'$, '
ccnr1man1&:
BQL :,: Below Quaotitation Limtt
NA = Not applic8ble, &Um,gafa dilUtacl DUt.
Reviewed By: ,#:
N.C. Certification #481 S.C. Cen.iOcation #99029
. '
r Dec 18 02 04:l~p 84'774242!:14
PARADIGM ANALYJ'ICAL LABORATORIES, INC.
Black Stuff that Plugged HX-501
Client Sampkt 10; 3()8..56-21
Clleot Project ID: 827062
I.ab S~ ID: 57891
Lab Project ID: G515-114
Matrix: Soll
Compound
Arodor•1016
Aroclor-1221
Af'Ddar-1232
lwc!or-1242
Aroclor-1248
Aroclar-1254
Arac:for.1260
Surrogate Sp.ilea Recnverln
TCMX
Rasull9 for PCBs
by EPA8082
%SOLIDS: 72.6
auantltatlon
Limit (ug/KG)
5000000
6000000
5000000
5000000
5000000
5000000
5000000
Spike
Addecl
100
Date Callectad; 11/25/02
Date ReceiVed: 11/27/02
Date Malyzed: 12/4102
Analy.ted By: CLP
Dilution: 5000
Raault
(ug/KG)
Bal
BQL
BQL
BQL
BQL
BQL
22000000
Spflce Percent
Result Recovered
NA NA
*Sample wn quanntat.t as Aroclor 101611280, mit &?pen to contain a mixture of
Aroclors.
Comments:
SOL ~ Below Quantltatian Unit
NA = Not 8ppllcable, surrogate diluted out.
Reviewed By: f"(..k r
N.C. Certification #481 S.C. Certification #99029
.. ·-·. "·-··· --------~_;_ ______________ _
/
Dec 18 02 04=1:3p MSR Elgir1, Il. 8477424284
PARADIGM ANALYTICAL LABORATORIES, INC.
Client Sample ID: 308-55-18
Clil!nt Project ID: 827062
Lab Sample ID: 57B90
Lab Ptoject ID: G51S-114
Malrix: Seil
Result:il for SemlvolatOtt
byGCMSB270
o/oSohda: 86.2
Date Collected: 11/2412002
Date Received: 1112712002
Date Anatyzed: 12/312002
Analyzed By: MRC·
DPulion: 1
Quantltatfon Result
Compound Limit (ug/KG) (ug/KG)
Acenaphlhene 360 BOL
Acenaphthylene ~50 -460
Antl'lracene 380 1000
Benzo{ajanthracene 360 1000
Benza{aJpyrene 360 750
Ben.t0Jb]fluoranthene . .. . . . 360 1300
B81'llO[g,h,i)pe,ylene 3B0 420
Benzo(k)fluoranthene 360 SOL
Benmlc Acid 720 1200
Bis{?.~~~o~)IT'~,~n.~--.... __ . . .. . . 360 .. ·-······--·-.. ·---· ~·BQL __ _ Bts(2-chloroelhyl)ether· .. ··-360·-·· ". . BOL
Bls(-2-chlorolsopropyl)ether 360 BQL
Bis(2-elhVltle>cyl)phlhalale 380 BOL
4-bromopt,enyl phenyl alher 360 BQL
Butylben1ylphlhalate 360 _ .. _ . , . . . . .. . .. . BQL
4-Chloroanilinfl 360 BQL
4-Chlcro-3-melhylphenol 380 BQL
2-Chloronaphlhalene 360 BOL
2-Chloraphenal 360 BQL
4-Chtorophcnyl phenyl ether 360 BQL Chrysene· ... . . . ............ ---·-· ... , __ . -···-·--:sec:r·--··-·· ··-----·--· .. ···· ........ 1200
Oi-n-Bulylphlhafate 360 BQL
Oi-n-octylphthalate· 380 BOL
Dibenio[a,h)e:wdhracene 360 BOL
Dibenzofuran 380 400 ... -...... , . . . -·-··-' . -..... 1.2-0ichlorobenzene 360 SOL
1,3-Dichlorobenzene 380 BQL
1,4-0lcnlorobeniane 360 1200
3.3'-0ichlorobe~dine 120· BQL
2,'1-Dichlorapt,ar,ol 360 BOL OiethYlphthalat8 .... ·· · · ·• · · · · · · ____ .. ___ 360 -·-··-~----· ·-· ...... BOL · ··
2,4•0imethylphenOI 360 BOL
Oimelhylphthalate 380 BQL
4,6-Dinltro-2~malhylpheriol 1800 BOL
2,4-Oinitrol)henol 1800 BOL
2.4-Dinitrotoluene 360 BOL
2,6-Dinilrotoluene 360 BOL
Fluoranlhene 360 2700
Ftuorsne 360 1000
Hexaehloroberane 360 BQL
N .C. Certification #4J}ge A,~. Certification #99029
--~··-----------------~-----------------------
..
I
/
Dec 18 02 04:13,=t l'ISR Elt;in, I l. 8477424294
PARADIGM ANALfflCAL LABORATORIES. INC.
Client Sample ID: 308-55-18
Clienl Project ID: B27062
Lab sample 10: 57890
Lab ?rojecl ID: 0515-114
Matrix: Sotl
Compound
Hexechlorobut,diene
Hexachlorocydopentadiene
Heicachloroelhane
lndeno(1.2,l-c:,d)pyrene
lsophorone
2·Methylnephlhalene
2-Msthylphencl
3-& 4-Methyli,tutl'lOf
N-Nitrosodl-n-prapylamine
N-Nl~odiph_enyl~.~.
Naphthalt!ne
2-Nilroanlline
J-Nllroanil;ne
4-Nilroanirine
Nitrobenzetne
2-Nitropheriol
4-N itrophenol
P8r,lachlorophenol
F)henanthrsne
Phenol
Resulhi for Semlvof■tlles
b~ GCMS8270
%Solids: 88,2
Quantltatfon
Limit (ug/KG)
360
720
360
360
360
., 0360 . -...
360
360
360
380 ' . ·-· .... '... . . 360 --·-·-·-
360
360
360
360
Date Collected: 11/24/2002
Date Received: 11/27/2002
Dale Analyzed: 12/312002
Analyzed By: MRC·
Dilution: 1
Result
(ug/KG)
BOL
BQL
BO!.
440
BOL
-•••OH•••• I •••~-•1000
aaL
470
BQL
BQL -·· ·-...... -··· .. . 530
BOL
BQL
SOL
. ' ' . ·sea _.. . ...... , ..... -·· -... , SOL
BQL
BOL 1800
1800
360
380
BQL
1800
BQL ·Pyrene ___ , .......... , ....• -···-·-·-·---360 -•---•-••--•M 2400•
1,2,4-Trichlcrobenzene
2,4,5-Trichlcropheool
2 .4 ,6-Trichlorophenot
S&.1rrogate Spike ftecgveriea
2-FIUOlablpher,yl
2-Fluorophenol
Nltroben:zene-dS
Phenol-d6
2,4,8-Tribromophenol
4-Terphenyl-<114
360
360
360
Spike
Added
10
10
10 ,o
10
10
Splk•
Result
10.2
11.0
11.0
11.2
11 .4
10.8
Percent
Recovered
102
110
110
112
114
108
120D
BOL
BQL
Comments:
Flags:
Results are corrected for %&ollds and dilution where appllcilble.
BOL = Belew Qusntttation Limit,
Roviowod By~
N.C. Certification #4J.Jo,, ;}atfi-Certification #99029
p.?
..
I
Dee 18 02 04:13p MSR Elgin, I l. 847742429'4
No.
' 1
2
3
4
5
6
7
8
9
10
PARADIGM ANALfflCAL LABORATORIES, INC.
R&aultG of Ubrary Search for Se,nivolatile Compounds
byGCMS
cnent Sample 10: 308-56-18
Client Projecl 10: 827062
Lab Sample ID: 57890
Lab Project IO: G51S-114
Malrix: Soll
Oate Colleeled: 11/24/2002
Dale Received: 11 /2.7/2002
Date Analyzed: 12/3/2002
~By:MRC
Olh.lllor't: 1
% SOLIDS: 86.2
Retention Match
Compound Tlmo CAS# Probil1!1lll&v
Pantaohlorobiphenyl, Isomer of 17.42
Pentachloroblphenyl. Isomer of 17.73
Trlc:hlaroblphenyl, Isomer of 15.40
Tetrachlorobiphenyl, l5omer of 16.21
Trichloroblph•nyl, laomsr of 16,S5
Trichlotobi~I. Isomer of 16,08
Tstra,;hlorobiphsnyl, Isomer of 16.61
Tetrachlorobiphsnyl,•lsomer of 16.83
Pentachloroblpnenyl, Isomer of 17.63
Telrachlorobiphenyl, Isomer of 16.65
Comment:
Tentatl\lely Identified Compound (TIC) refers to Sl.lbstances wnich are t"lot present
in the ff5t of target r.ornpounds. Therefore, not all TICs are lder,tifled and
quar,tilated using Individual staridari:ts. TIC nsar,gs 8f1I prepared utilizing a
computerized library search of electron impact mass spamrel data and evaluation
of Iha. relevant data by a mus apecltel data specialist.
Qua,,titatloi, is accomplished by relative peak area of the compound compared 10
that of the nearest internal standard from the total ion i:hrornatogram. TICs are
ld811tilied and quantile led only If the peak arua is equal to or greater lhan 10%
of that of the r1earest internal ttandard. Ouanlilatlon provided is an estimate.
Resull
(uglKG)
17000
13000
73D0
6100
5900
4800
'4300
4200
4000
4000
Reviewed by:~
N.C. Certification #fllde 1~ Certification #99029
p.B
I
D"c 18 02 04:13p MSR Elgin, ll. 8477424294 .
,.,_ ---·--, ·-·
PARADIGM ANALYI'ICAL LABORATORIES, INC.
Client Sample 10: 308-56-21
Cllent Projeet IO; 827062
lab Sample ID: 57891
Lab Project 10; G515•114
Matrix: Soil
RHUlta for Sem1Vo11tlles
by GCMS8270
%Solids: 72.5
Date COlecled: 1112512002
Dale Received: 11127/2002
Dale Analyzed: 12/412002
Analyzed By: MRC·
Dilution: 10
Quantltatlon Result
Compound Limit [ug/KG) (ug/KG)
Acenaphthene 110000 270000
Acenaphthyl1n11 110000 380000
Anthracene 110000 350000
Benzo[a)anthracene 110000 200000
Benio{a)pyrene 110000 150000
8en2:o[b]Ouoranlhene 110000 340000
B~[g,h1iJperylene 110000 8QL
Benzo(k]ffuoranthene 110000 BQL
Benzoic Acid 220000 BOL
Bls(2-chl0roetho,cy)melhane 110000 BCL
BIS(2-dlloroelnyl)ether 110000 • -~ .• BQL
Bisf2-chlorolsopropyl)ether 110000 BQL
Bis(2-elhyt,sxyl)phthalatc 110000 150000
4-btamcphenyl phenyl ether 110000 BOL
Bulylbenzylphlhalate 110000 BQL
4~hloroanmne . . . .. ·-··· .................. -... 110000 BQL
4.c1,1oro-J-methylpnen01 . 110000 BOL
2-Chloronaphlhalene 110000 BOL
2-Chlorophenol 110000 BQL
4-C~~~~.ph!ffl~ ~lt!e.! .... _________ 1j,~~---~--·---... !J9L _,_
Chry&ene 110000 250000
D1-n-Butytphlhalale 110000 BOL
Di-n-oc:tylphthalate 110000 BQL
Diberu:o(a1h)81'1thracene 110000 BQl
Olbentofuran 110000 270000
1,2-Dichloroben:rene ~ 110000 BOL
1,3-Oidllorobenzene 110000 BQL
1,4-0ichlorobenzeue 110000 110000
3,3'-OichlorobenZidine 220000 BOL
2,4-Diehlorophenol 110000 ·--BOl oreiliviPtithalate-· .. ··-._ ................. _,___ 110000·· ·--------·-· ··eOL .. ..
2,4•01methylphenol 110000 220000
Olmethylpt,thalale 110000 BQl
4' ,S-OinUro-2.q,elhylphtlnaJ SSOOOO BQL
_2.4~Qinllroi,,~ _ . ··---------.. --J.~~co ____ :._ _________ ···--~~ .
2,4-0initrotoluene 110000 BOL
2,6-0initrotolcJcn8 110000 BQL
Fluoranlhene 110000 530000
Fh.Jcrene 110000 720000
Heicachlorobenzene 110000 BQL
N .C. Certification ~l ~~C, Certification #99029 .. ·;sage 11112
p.9
I
I
Dec 18 □ 2 04:14p 8477424294
PARADIGM ANALYl'JCAL LABORATORIES, INC.
Client Sample ID: 308-56-21
Client Project 10: 821062
Lab Sample 10: 57891
Lab Project 10: 0615-114
M11lri,c: Soll
Results far S.mlvalatlles
byGCMSB270
%Solids: 72,5
Date Co!lectecl: 1 i /25/2002
Date Received: 11/27/2002
Date Analyzed : 1214/2002
Analyzed By: MRC·
OUulion: 10
Quantltatlon Result
COtnp0lmd Limit (ug/KG) (ug/KG)
Ht.achlorobutadlene 110000 BQL
Hexachlorocyelopenladlene 220000 BQL
Hexachloroslhina 110000 BQL
lndeno(1,2,k,d)pyrene 110000 BOL
lsophorone 110000 BOL
2-Melhylnaphthalene 110000 750000
2-Melhylphenol 110000 140000
3-& 4-Melhylp,henol 110000 41DCIOO
N-Nitrosoc:ti•n-propylamine 110000 BOL
N-Nitrosodiphanytemil'le,_ -·----~·---~ 1_10000_____ .7600~1:_
00
_
Naphthalerle ' 1100D0 ,.
2-Nitroanltine 110000 BQL
3-Nltroanlllne 110000 BQL
4-Nltroanmna 110000 BOL
Nllroben~lilrllt 1, 0000 BQL
2-Nllroohenol -· -···110000 ... . .. ...... ... BCL
4-Nllrophenol 550000 BOL
Pentachlorophenol 650000 BOL
PhA!'lanlhrene 110000 850000
Ph~ol 110000 280000 Pyrene· .... ·-·---·· _,,_,,, ______ -· . --·. --. 110000.,,_..---------~ ~--· saoooo
1,2,4-TrichlOf'obenzene 110000 250000
2 .4,5-Trk:hlotophenol 110000 BQL
2,4,6~ Trichtarophenol 110000 BQL
Surrc,gate Spiko RcGOverlH
2-F1ucrobiph1nyl
2-Fluorophsnol
Nittobem:ena-dS
Phenol-dB
2.4,6•Tttbrarnophenol
4--Terphenyt-d14
Comments:
Spike
Addoa
10 ,o
10
10
10
10
Spike Percont
Result Recovered
NA NA
NA NA
NA NA
NA NA
NA NA
NA NA
R8$ulls are eorrecl8d for %solids and dilution where applicable.
Flags: NA= Nol applleable, surrogates dilulad out.
BQL = Below QuanlitaUon LimiL -~\..--
N.C. Certification~ 2,~. Certification #99029
,, '
p. 10
I
I
I
D&e 18 02 04:14p MSR El;il"l, Il. 84?7424294 p. 11
No.
1
2
3
4
5
6
7
8
e
10
PARADIGM ANALfflCAL LABORA.'fflRIES, lHC.
Results of Library Search for Semlvof4itlle CamPoUnds
byGCMS
Client Sample ID; 308•56-21
Clienl Project ID: 827062
Lab Sample ID: 57891
Lab Project ID: 0515-114
Matrix: Sail
D8le Collscied: t 1/25/2002
Date ReceiYed: 11/27/2002
Date Analyzed: 12/4/2002
AnalyZeCI By: MRC
DMutian: 10
% SOLIDS: 72.5
Retention Mitch
Compound Time c~ Probabllltv
Hexachloroblphenyl, laomer of 18.SO
Blphanyl 12.05 000092·52"'4 93
HelCaC:hlorobiphenyi, Isomer of· 18.81
He:itar;hlotobiphenyl, lsomar of 19.17
Pentad'llorobiphenyt, Isomer of 17.72
Oichlorobiph~n¥1, Isomer of . 14,12
Trlchlorobiphanyl. ~er of 15,40
Penlachlorobiphenyl-, 150tner or 17.◄2
Hsicac:hlorobiphenyl, 150ffl8!' or 1a:33
Heptachlorabii:shenyl, Isomer al 19.34
Comment:
Tenlalively Identified Compound (TIC) refers to i.wbslancas which are not present
in ltle llsl of latget coo,po~s. Therefore, not aN TICS are ldentlfted and
quantilated i,sinQ ll'ldividuel :.tandard;s. Tic hstlngs are propared -.itillzlng a
computerlied libr,ry search of alectran impact mass speclral dala and evalu~tion
of the te&evant data by a mass spectral data specialist.
Quanlitalton is acccmpllshed by telallve peak area of the c;ompound compared lo
thal of the nearest intemat standard from the 1otal ion chromatogram. TICs ar11
idenlif"ied and quentllBled ooiy if lhe peak area i5 eqllal to or greater than 10%
of that of the nearest internal slandard, Quanlltallon provided is iln estimate.
N.C. Certification #Mi\e 1~ Certifacation #99029
Resurt
(Ila/KG)
eoooooo
6800000
5400000
4300000
3300000
3200000
2800000
2800000
2500000
2400000
... ·--. --~~-------1------------------------
..
6 St;awToe Shaw Group Inc,'~
November 27, 2002
Earth Tech
10 Patewood Drive
Building VI, Suite S00
Greenville, SC 29615
Attn: Mr. Jim Cloonan, P.E,
[phone] phone
(864) 234~3069 fax
Subject: Notice of Potential Change Order
Warren County Landfill PCB Detoxification
NCSCO ID #010440101A, Shaw Project# 827062
Dear Mr. Cloonan,
Shaw Environmental & Infrastructure, Inc.
200 Horizon Center Blvd.
Trenton, NJ 08691-1904
Direct Dial: 609-588-6373
FAX: [phone]
In accordance with General Condition #20.a of the contract, I wish to inform you of a situation which may
lead to a request for a Change Order. The situation relates to issues discussed in our conference call of
November 25th, and documented in my letter of today to NCDNER on those issues, see item #3, paragraphs
1 and 4. .
As noted in that letter, Shaw is complying with the directives contained in your e-mail message of
November 25th, as they appear to be reasonable precautions given the recent discovery of PCB
contaminated sediments in areas of the site where they should not be present. Further sampling and
evaluation is necessary to determine the ultimate source of the contamination, and work on that is in
progress. If the results demonstrate that the contamination is due to a previously unsuspected site condition
and not to any act or negligence of Shaw then I would anticipate submitting a request for change order to
cover the cost of these and any future actions needed to address it.
This notification is intended to fulfill the contractual requirement for notice and to alert you so that we can
establish mutually satisfactory means to track the work presently being perfonned, our respective site
personnel have already made progress in this area.
Shaw Environmental & Infrastructure, Inc.
6 StiaWThe Shaw Group Inc:~
Should you have any questions in regard to this matter please contact me at [phone] at your earliest
convenience to discuss them.
Sincerely,
Shaw Environmental, Inc.
~~p~~
Project Manager
Enclosures: Storm water issues letter to NCDENR 11/27/02
Dukefile: CO notice-sediments .. 112702.doc
,,
I i
,I O Pa t e w oo d Drive, Building. VI , Suite. 500 , Greenville , SC 2961 5 • P.O. Box 24000 Gree n vill e, SC 2 96 16
August 22, 2001
Mr. Gary Duke, P.E.
Project Manager
IT Corporation
200 Horizon Center Boulevard
Trenton, NJ 08691-1904
RE: IT Request for Extension of Time
Warren County PCB Landfill Detoxification Project
NC SCO ID No. 010440101A
Dear Mr. Duke:
This letter is in response to your request dated July 30th requesting an extension to the
Contract Time for the referenced project due to delays allegedly outside your control in
obtaining approval for an Erosion and Sediment Control Plan. Your request is based on three
contractual issues, as described in the six items attached to your letter. The six items are
summarized below along with an evaluation of their relevance to an unreasonable delay in the
schedule.
1. NCDENR withheld knowledge regarding whether the Land Quality Section (LQS) would
approve the drawings in the Project Manual. IT infers there was negligence on the part of
the Owner.
Earth Tech strongly disagrees that there was any negligence on the part of the Owner. As
was stated repeatedly all along, this is a design build contract and IT alone is responsible
for the design and approval of all required permits. IT specifically asked at the outset of
this project that NCDENR have no further contact with EPA regarding the TSCA permit
for this very reason. Furthermore, the NCDENR never received a copy of the submitted
plan until June 19th, 18 days after it was submitted to the LQS. IT clearly did not want
input on the plan prior to submittal and therefore cannot claim negligence for a document
the Owner never had a chance to comment on. REQUEST DENIED.
2. BFA was non-responsive and was using a PE with no North Carolina experience.
It is not the Owner's responsibility to manage IT's subcontractors. IT's North Carolina
PE submitted the plan application and should have made any changes to the drawings that
were unsatisfactory. REQUEST DENIED.
E A R T H i IE C H
A b,ctJ INTERNATIONAL LTD. COMPANY
Telepho ne
Fac simile
864 •234 •3069
f
. .
Mr. Gary Duke, P.E.
August 22, 2001
Page 2 of 3
3. NCDENR knew that the submittal would not be approved but said nothing.
IT did not provide NCDENR with the plan for review until well after the LQS had
provided preliminary comments so there can be no claim for delay. Furthermore, the
referenced comments were conversational, not formal, since there was no potential for
incorporation into the plan. That Aiken & Yelle added sedimentation ponds to their plan
confirms that the original IT submittal was inadequate. The NCDENR is not responsible
for errors in IT's submittals. REQUEST DENIED.
4. The LQS took an additional 13 days to prepare their formal comments after their initial
disapproval.
The LQS was within their allowed review times for both the original and revised
submittals. Sending the rejection via fax directly to Aiken & Yelle rather than to IT in
the mail likely saved, rather than lost, time. REQUEST DENIED.
5. The LQS rejected the original plan due to prejudice against out-of-state firms.
IT has provided no evidence of prejudice on the part of the LQS. The original submittal
was inadequate based on the draft comments and the LQS was within their statutory
review times. Furthermore, IT has an office in Morrisville, has a North Carolina GC
license (as submitted in their bid), and used a North Carolina PE to submit the plan. IT
cannot say they are a non-North Carolina firm and as such should have known the
submittal requirements. REQUEST DENIED.
6. The use of a local contractor contributed to the delay.
IT' s use of local contractors is sincerely appreciated but they should be used within their
areas of expertise. If Ellington was going to use a local engineer to prepare the plan, why
did IT think that a local grading contractor would be able to prepare a plan by himself?
IT, not their subcontractor, was ultimately responsible for the quality of the plan.
REQUEST DENIED.
IT's project schedule submitted at the pre-construction meeting on March 13th showed
submittal of non-TSCA plans with a late finish of May 3rd• Revision 0 of the ESC Plan was
received by the LQS on June 4th, 32 days later. The majority of the lost 41 days was due to
schedule slippage, not uncontrollable delays.
Nonetheless, Earth Tech and the NCDENR appreciate IT's willingness to use local
contractors and to work in a cooperative mode to achieve the successful completion of this
project. In recognition of this effort and to encourage maintaining our current progress, IT
will be granted a partial extension of the Contract Time. By dividing the ESC Plan activity
into subtasks that include time for preparation of the submittal based on the IT site plan and
standard practices in North Carolina, review by both Earth Tech and NCDENR before the
submittal, and submission of the plan "at least 30 days before land disturbance" as stated in
E !~ H T C
w:\work\43 116\it submittals\duke I .doc 8/22/2001
A 'tqco INTERNATIONAL LTD. COMPANY
( Mr. Gary Duke, P.E.
August 22, 2001
Page 3 of 3
the manual, the earliest approval of the plan would have been around June 25th• Actual
approval was on July 16th, 21 days later. IT is thereby granted 21 days of relief and the
revised Contract Time is 291 days.
If you concur with this determination, please submit a request for 21 days of time using the
SCO change order form. Please feel free to contact me if you have any questions or
comments.
Regards,
Earth Tech, Inc. <:±~
Project Manager
c: Pat Backus, NCDENR
Rudy Lopez, SCO
John Funk, Raleigh
Dennis Jones, Raleigh
t A A T
w:\work\43116\it submittals\duke I .doc
A 't6p, INTERNATIONAL LTD. COMPANY
8/22/2001
Patricia M. Backus, PE
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone] ext. 308
Fax: [phone]
Fax
To: Gary Duke
Fax: [phone]
Phone: [phone]
Re: Extension of Time
□ Urgent □ For Review
• Comments:
,,
NCDENR
From: Pat Backus ~
Pages: 4
Date: August 29, 2001
CC:
□ Please Comment □ Please Reply O Please Recycle
\ •
tM~grouP.
July 30, 2001
Earth Tech
10 Patewood Drive
Building VI, Suite 500
Greenville, SC 29616
Attn: Mr. Jim Cloonan, P.E.
[phone] phone
[phone] fax
Subject: Notice of Potential Change Order-Offsite Irrigation System
Warren County Landfill PCB Detoxification
NCSCO ID #010440101A, IT Corp Project# 827062
Dear Mr. Cloonan,
\ • ~P\ L"-.," «,
IT Corporation
200 Horizo11 Center Boulevard
Treuton. NJ 08691-1904
Tel. [phone]
Fax. [phone]
A Member of T/Je 1T Gwup
In accordance with Article 20.a of the contract General Conditions, this is to provide notice that IT Corp.
has become aware of a situation which we believe is likely to a lead to a request for a change order. While
the situation is still wicertain in several important respects we wish to notify you at this time both to
preserve our rights and to ensure that you and the owner have ample opportunity to assist us in resolving
the issue in a cost-effective manner.
As you know, there is likely to be a need to treat and dispose of excess stormwater (beyond the amounts
that can be utilized by the thennal treatment system for treated soil cooling) during the course of the
project, especially if Phase 2 is funded and implemented. While the latter may still be in some doubt the 4-6
month lead time for obtaining the necessary permits is such that it is prudent to proceed now, even though
Phase 2 work is not yet author.zed under our contract.
During the project kickoff meeting and several subsequent discussions the possibility ofnecding a NPDES
discharge permit was noted. and in fact submission of the permit application has been incorporated into the
schedule. Parallel discussions have revolved around the possibility of avoiding the need for a NPDES
permit by somehow utilizing or modifying the existing permit for the on-site sp:ay irrigation system. In an
effort to clarify the alternatives Pat Backus and I met on July 11 with NCDENR's Sue Homewood (non-
discharge permitting unit) and Bradley Bennett (NPDES/stormwater unit).
In that meeting Bradley expressed a strong preference for us to utilize the spray irrigation approach if at all
possible, stating that a NPDES permit would only be considered ifwe demonstrated that no non-discharge
alternative was feasible. Subsequent phone caJls from Pat Backus to others in that unit seem to bear this
out, largely due to what appears to be a very strong desire to avoid issuing a discl>.arge permit to a site
known to contain PCB contamination.
Sue Homewood informed us of detailed requirements that would be involved in any attempt to obtain a
non-discharge permit for a spray irrigation system, either by modifying the existing permit or obtaining a
n~w one. _A complicating facto_r is that a system large enough to handle a worst-case design flow condition
will requtre several acres, forcmg us to utilize some of the county-owned land surrounding the site.
I~ed~atel_y upon leaving the meeting Pat ~nd I loo~ed up local consultants who could provide a licensed
s~1!s scientist to _e~al~te the water-abso~btion capac1ty of the surrounding soils, which is the first step in
stzmg a a spray imgatlon system. In the interests of expediting the matter I met with Jeff Vaughan of Agri-
\
Waste Technology {A WT) that afternoon and committed up to $2,000 (not-to-exceed, at agreed upon rates)
to survey the adjacent county land and produce a report. He visited the site the following week and made
the necessary observations and collected soil samples. Based on those results, including sample results he
received late on 7 /24, he informed me on 7 /25 that a preliminary estimate is that a suitable spray irrigation
system will require approximately 3 acres. Applying for a permit (or permi_t mod) requires that a complete
spray system be designed, which his firm has the capability to do.
At Pat's request I called A WT to get a rough estimate of what such a system would cost. Based on that
conversation I sent her an e-mail on 7/25 estimating a minimum of$33,000 (IT Corp cost, before markups)
with a potential to exceed $50,000 depending on the final design. Of that, up to $10,000 is for AWT to
produce a final spray system design and permit application, with IT Corp. providing the design of the
stormwater treatment system which we would be providing no matter which alternative is used. In that
message I pointed out that at no time prior to our July 11 meeting was the possibility of an offsite spray
system envisioned and that we would almost certainly view any requirement for one as a change order
situation. After subsequent conversations with Pat I authorized A WT to proceed until further notice with
the design and pennitting work, up to a not-to-exceed cap of $10,000, again at agreed-upon rates. They
plan to have an engineer visit the site tomorrow, weather permitting, to evaluate design options, which will
be heavily influenced by the effects of the woods on spray distribution patterns.
IT Corp. requests at this time your determination as to whether this work (design, permitting, construction,
operation and dismantling ofa spray irrigation system) constitutes a change order under the terms of the
contract.
IT Corp. has proceeded to this point in an effort to avoid potential schedule impacts and to obtain sufficient
information to have some basis for estimating the potential financial impact. However, no further
commitment of funds will be made until your responsl' is received, and we rcservl' the right to direct A WT
to suspend work at any time prior to receipt of your detennination. This is nece~sary in order to limit our
financial exposure created by performing what we believe to be out of scope work in the absence of
appropriate written direction or authorization from yourself.
Please be advised that Pat Backus is continuing her efforts to clarify the permitting alternatives and related
requirements with more senior people within NCDE1'1"R. Although I am sure you would discuss this with
her in any case those conversations may have a substantial impact on the ultimate cow-se of action.
Should you have my questions ple.ase contact me at [phone] at your earliest convenience to discuss
them.
Sincerely,
-~ ~Z?~
Gary W. Duke, P.E.
Project Manager
Cc: Patricia Bacl-."Us, Project Manager, NCDENR, Div of Waste Management
Dukefile: corres/CO2-Irrigation.doc
July 30, 2001
Earth Tech
10 Patewood Drive
Building VI, Suite 500
Greenville, SC 29616
Attn: Mr. Jim Cloonan, P.E.
[phone] phone
[phone] fax
Subject: Notice of Delay
Warren Countv Landfill PCB Detoxification
NCSCO ID #010440101A, IT Corp Project# 82706.::!
Dear Mr. Cloonan,
~ . ~ ~t.., .. ..i'
11' Corporation
200 Horizon Center Boulr1'ard
Trenton, NJ 08691-1904
Tel . [phone]
Fax. [phone]
A Member of The IT GJ'oup
In accordance with Article 23.e of the contract General Conditions. this is to provide notice that IT Corp.
has experienced a delay due to causes which we f~1 are beyond our control. Verbal notice of this situation
was provided to you at the monthly progress meeting on July 12, as documented in ikm 3 of the meeting
minutes.
HISTORY
The delay is directly related to delays experienced in re.ceiving approval of the Erosion and Sediment
Control Plan. A chronological list of the rekvant events which have occurred to date, or which are
anticipated within the next few days, is as follows:
April 24: IT Corp issues purchase order and subcontract to Keameco Grading to perform clearing,
grubbing, grading and other site preparation activities. Included in their subcontract scope of work is the
obtaining of any related permits, specifically including the Erosion and Sediment Control pennit.
May 18: IT's grading contractor, Kearneco Grading, submitted to NCDENR Land Quality Section (LQS) a
plan which consisted solely of the three (3) E&S drawings from the project spedficatioJ'l.s. This was done
without the knowledge ofIT Corp., despite several meetings with them both prior to and after the issuance
of their subcontract (the last such meeting was held on May 11), in which we requested that the plan be
submitted to IT for review and approval prior to submission to LQS.
May 23: At a morning meeting with IT, Kearneco informed us of the 5/18 submission to LQS and
described what had been submitted. We immediately rccognucd that the submission lacked a number of
essential elements listed on the plan checklist provided by the state, a copy of which had been provided to
Kearneco by IT on May 11-14 as part of a continuing effort to support them in meeting their obligation
under their subcontract. IT and Keameco jointly called John Holley of LQS to discuss the situation. John
stated that he had not yet seen the plan but reminded us that a fee of$40/disturbed acre was required;
Kearneco went to Raleigh that afternoon and paid the fee. After further discussion at the meetino with
Keameco it became evident that they would be unable to submit an acceptable plan in a timely ~nner.
May 24: IT relieved Keameco of further responsibility for the E&S plan, other than to provide input as
requested on matters such as the proposed construc;tion segue.nee. IT contacted Barnes f~rland and
Associates (BFA) to assist in updating the plan and drawings provided in tht' specifications and providing
. '
additional required support information such as the design calculations. BF A was selected primarily
because they had produced the specification drawings under their subcontract from ETG as part ofETG's
design effort under their contract from NCDENR Div of Waste Management. As such, BFA already was
intimately familiar with the design and already had most, if not all, of the supporting information in hand.
In addition, BF A was already under subcontract to IT to revise the site grading plan to accommodate the
larger concrete pad required by our proposed thermal/BCD treatment process, and so could most readily
incorporate the minor grading changes required into an updated E&S plan application.
May 25: IT informed Patricia Backus ofNCDENR Div of Waste Management of the situation regarding
Keameco and BF A. We also advised her that we would be requesting her assistance in completing the
Financial Responsibility/ Ownership form since NCDENR is in effect the "owner" of the site as that term
applies to the E&S plan application.
May 30: Ms. Backus returned the completed Financial Responsibility/ Ownership form to IT.
June l : Revision O of the updated application sent to LQS by IT (via Fed Ex for Monday 6/4 delivery),
incorporated updated drawings prepared by BF A.
June 4: LQS received Rev 0, starting 30 day maximum review period.
June 6: IT received fax of preliminary review comments from LQS, all appeared to be relatively minor in
nature. Comments were forwarded to BF A for assistance in revising their portions of the plan.
June 9: IT Project Engineer Mark Sapyta called John Holley at LQS to discuss their comments and the best
manner in which to move the process forward. John suggested that Mark call Pat Backus and Bill Sessoms
at NCDENR Div of Waste Management and have them contact him (John Holley) to discuss this. Mark
called both of them and forwarded this request.
June 13 : Keameco commenced cutting trees. Gary Duke had called John Holley to confirm that cutting
could be performed while the E&S plan was under review as long as no grubbing or other earth-disturbing
activities were performed.
June 15 : June 1: Revision 1 of the updated application sent to LQS by IT (via Fed Ex for Monday 6/18
delivery), incorporating updated drawings and calculations prepared by BF A as well as other revision made
in response to the June 6 comments.
June 18 : Copies of Rev O and Rev 1 transmitted by IT to Earthtech and Pat Backus as Transmittal
Numbers 014 and 015, respectively.
June 19: IT Project Engineer Mark Sapyta called John Holley at LQS to determine the review status ofrof
Rev land was informed that the plan was still unacceptable and would be rejected. IT Project Manager
Gary Duke called Pat Backus to inform her and request her assistance in setting up a meeting later that
week between representatives ofNCDENR, Div of Waste Management (Pat Backus and/or Bill Sessoms),
NCDNER LQS (John Holley) and IT (Mark Sapyta and/or Bill Gallagher) in an effort to resolve the issues.
Ms. Backus made several attempts by phone and e-mail over the next two days to schedule such a meeting
with Mr. Holley but was unsuccessful.
June 20: IT Corp instructed Kearneco to cease clearing operations, based on the rejection of the E&S plan.
IT Corp. instructed BF A to halt any work on revising grading or E&S plans, contracted Aiken and Yelle
Associates (A&Y) to take over efforts on E&S plan. Aiken & Yelle was selected in part because they had
performed the site surveys that were used by BF A to produce the specification drawings. As a result, they
already had all of the existing topography CADD files. In addition, A&Y was already under subcontract to
IT to perform surveying services under our contract, and we had found during that procurement that they
also routinely prepared E&S plans for work in North Carolina and so were very familiar with LQS's
requirements and with John Holley in particular. IT and A&Y agreed that A&Y's Harold Yelle would
handle all future contact with Mr. Holley.
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June 21: IT Project Engineer Mark Sapyta called John Holley at LQS to find out when formal comments
explaining the rejection of Rev 1 would be issued. A&Y wanted this information to assist them in
preparing the new permit application. He was told that they would be out later this week.
June 28 : Harold Yelle completed a new E&S pan and reviewed it with !T's.Bill Gallagher. Harold called
John Holley to see if a meeting could be arranged with him when it was delivered to LQS. John stated that
he would not look at it until he issued his rejection letter on Rev 1, which he now expected to do on Mon
7 /2. He also stated that he would require a letter from the county authorizing use of county owned land on
the west side of the site where Harold had told him the new plan proposed to locate sedimentation basins.
IT contacted Pat Backus to request her assistance in obtaining that approval. She arranged with the County
Manager, Loria Williams, to get the county Board of Commissioners to vote on this at their meeting on 7/2.
July 3: LQS prepared and dated (but did not send) the formal comments and rejection of Rev 1, 30 days
after their June 4 receipt of Rev 0 and 15 days after the June 19 phone conversation with Mark Sapyta in
which John Holley informed him that Rev I was unacceptable and would be rejected.
July 5: Yelle received a fax from LQS of the July 3 rejection of Rev 1. IT's Bill Gallagher picked up the
county authorization letter and delivered it to A& Y to complete the E&S plan submittal package. Harold
Yelle called LQS and found out that John Holley was on vacation until Wednesday 7/11.
July 9: Yelle delivered the latest E&S plan application to LQS.
July 11 : IT's Project Manager Gary Duke picked up a copy of the rejection letter from A&Y's office, but it
did not include the third page, which gives the reasons for the rejection
July 12: Harold Yelle obtained the third page and faxed it to Gary Duke at the project site. At that
afternoon's monthly progress meeting Gary Duke provided verbal notice to Earthtech and NCDENR, Div
of Waste Management representatives, ofIT's intent to request contractual relief, as documented in item 3
of the meeting minutes.
July 13: Pat Backus called John Holley who said the latest plan would be approved. He was trying to get
the approval letter out that day since he would be off on Monday 7/16.
July 16: IT Project Engineer Mark Sapyta called Kimberly Summers at LQS and was told that the plan was
approved and that work on installing E&S controls could begin immediately. Kearneco began doing so that
afternoon. This approval was received-only 7 days after the plan prepared by A&S was submitted and 27
days after IT first contacted A&S to request that they prepare a plan.
July 30: IT contacted Kimberly Summers at LQS to inform her that the E&S controls are substantially
complete and to request an inspection on July 31. If inspected then and found substantially acceptable,
clearing and grubbing and site grading activities could resume as early August 1, 42 calendar days after
they were stopped on June 20.
RELIEF REQUESTED
IT Corp. requests an extension of time for the period when critical field work could not be performed due
to the lack of an approved E&S plan. As shown above, that period began on June 21 ( the day after clearing
was ordered halted on 6/20) and is expected to end on August 1 (the earliest date on which work may be
able to resume). The no-work period of June 21 through July 31 represents 41 calendar days.
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CONTRACTUAL BASIS OF REQUEST FOR RELIEF
IT Corp. requests relief under the provisions of Article 23.d of the contract General Conditions, specifically
those portions relating to "any act or negligence of the owner. .... or by any employee .... ,by any causes
beyond the contractor's control; or by any other causes which the owner's consultant and owner determine
may justify the delay".
Should you have any questions please contact me at [phone] at your earliest convenience to discuss
them
Sincerely,
a::Z .. ;;-o/4--
Project Manager
Cc: Patricia Backus, Project Manager, NCDENR, Div of Waste Management
Dukefile: corres/Delay NOTICE l .doc
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