NCD980602163_20010216_Warren County PCB Landfill_SERB C_Detoixification Design Build Contract - Proposal and Award-OCR

--•
FORM OF CONSTRUCTION CONTRACT
(ALL PRJME CONTRACTS)
THIS AGREEMENT, made the 16th day of February in the year of ~.99.L\>Y and between
The IT Group, Inc. hereinafter called the Party of the First Part and the State of North Carolina;
through the Department of Environment and Natural Resources. Division of Waste Management
hereinafter called the Party of the Second Part.
WITNESSETH:
That the Party of the First Part and the Party of the Second Part for the consideration
herein named agree as follows :
1. Scope of Work: The Party of the First Part shall furnish and deliver all of the
materials, and perform all of the work in the manner and form as provided by the following
enumerated plans, specifications and documents, which are described below and made a part
th~reof as if fully contained herein: advertisement; Instructions to Bidders; Q~neral Conditions;
Suppl_c:mentary Gen~ral <;onditiops;_ specific?tions; _?~G.epted prqpos_al; ~ont:i;act; performance
bond; payf!lept bond; power of attorney; workmen's compensation; public liability; property
damage and builder's risk insurance certificates; approval of attorney general; certificate by the
Office of State Budget and Management, and drawings, titled:
Detoxification of the Warren County PCB Landfill Using the Base-Catalyzed Decomposition
Method -Program Documents, November 2000 (ID No. 010440101)
Consisting of the following sheets: Warren County PCB Landfill Detoxification Project, ETG
Environmental, Inc. -45 sheets
Dated: 2/03/00 and the following addenda:
Addendum No. _l Dated 11/27/00 Addendum No. 2-Dated 12/19/00
Addendum No. _L Dated 12/12/00 Addendum No. _Dated __ _
Addendum No. J__ Dated 12/15/00 Addendum No. _Dated __ _
Addendum No. -1_ Dated 12/19/00 Addendum No. Dated __ _
2. That the Party of the First Part shall commence work to be performed under this
agreement on a date to be specified in a written order of the Party of the Second Part and shall
fully complete all work hereunder within .1J.J) consecutive calendar days from said date. For
each day in excess thereof, liquidated damages shall be as stated in Supplementary General
Conditions. The Party of the First Part, as one of the considerations for the awarding of this
contract shall furnish to the Party of the Second Part a construction 'schedule setting forth
planned progress of the project broken down by the various divisions or part of the work and by
calendar days. If the Party of the First Part fails to begin the work under the contract within the
time specified, or the progress of the work is not maintained on schedule, or the work is not
Warren County PCB Landfill
completed within the time above sp~cified, or fails to perform the work with sufficient workmen
and equipment or with sufficient materials to ensure the prompt completion of said work, or shall
perform the work unsuitably or shall discontinue the prosecution of the work, or if the Party of
the First Part shall become insolvent or be declared bankrupt or commit any act of bankruptcy or
insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-
f'.ir ht ( 48) hours. or sh all make an assi gnment for the benefit of creditors, or for any other cause
whatsoever shall not carry on the work in an accepta bie manner, the Ya1 lj of Lhc; Sl..-,uw.l l" u1 L
may give notice in writing, sent by certified mail, return receipt requested, to the Party of the
First Part and his surety of such delay, neglect or default, specifying the same, and if the Party of
the First Part within a period of fifteen (15) days after such notice shall not proceed in
accordance therewith, then the Party of the Second Part shall, declare this contract in default,
and, thereupon, the surety shall promptly take over the work and complete the performance of
this contract in the manner and within the time frame specified. In the event the surety shall fail
to take over the work to be done under this contract within fifteen (15) days after being so
notified and notify the Party of the Second Part in writing, sent by certified mail, return receipt
requested, that he is taking the same over and stating that he will diligently pursue and complete
the same, the Party of the Second Part shall have full power and authority, wi,thout violating the .
contract, to take the prosecution of the work out of the hands of said Party of the First Part, to
appropriate or use any or all contract materials and equipment on the grounds as may be suitable
and acceptable and may enter into an agreement, either by public letting or negotiation, for the
completion of said contract according to the terms and provisions thereof or use such other
methods as in his opinion shall be required for the completion of said contract in an acceptable
manner. All costs and charges incurred by the Party of the Second Part, together with the costs
of completing the work under contract, shall be deducted from any monies due or which may
become due said Party of the First Part and surety. In case the expense so incurred by the Party
of the Second Part shall be less than the sum which would have been payable under the contract,
if it had been completed by said Party of the First Part, then the said Party of the First Part and
surety shall be entitled to receive the difference, but in case such expense shall exceed the sum
which would have been payable under the contract, then the Party of the First Part and the surety
shall be liable and shall pay to the Party of the Second Part the amount of said excess.
3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the
faithful performance of Phase I of this agreement, subject to additions and deductions as
provided in the specifications or proposal, in lawful money of the United States as follows:
Six Million. Six Hundred and Fifty Eight Thousand Dollars ($6.658,000).
2 Warren County PCB Landfill
Summary of Contract Award:
1. Design/Permits/Mobilization L.S. $2,960,000
2. Site Preparation and Construction L.S. $2,772,300
3. Performance Demonstration L.S. $233,200
4. Performance Demonstration L.S. $135,000
Testing
5. Performance Demonstration Test L.S. $504,200
Decontamination, Dismantlement
And Demobilization
6. Performance Demonstration Test L.S. $14,300
Site Restoration
'7 r omn11inity ()11tre;:ic h Pwprnm LS. $14,000
Phase
8. Community Redevelopment L.S. $25,000
Total General Contract for Phase I $6,658,000
The Phase I work consists of designing and permitting a base-catalyzed decomposition system to
treat the approximately 72,000 tons of PCB-contaminated soils in the landfill, mobilizing and
construction the system at the Warren County site, conducting a Performance Demonstration to
show proof of process, and conducting community outreach and redevelopment programs. In the
event that funding for Phase II is not appropriated, the Phase I work also includes
decontamination and demobilization of the system and site restoration.
4. On or before the 20th day of each calendar month, the Party of the Second Part shall
make payments to the Party of the First Part on the basis of a duly certified and approved
estimate of work performed during the preceding calendar month by the First Party, less five
percent (5%) of the amount of such estimate which is to be retained by the Second Party until all
work has been performed strictly in accordance with this agreement and until such work has
been accepted by the Second Party. The Second Party may elect to waive retainage requirements
after 50 percent of the work has been satisfactorily completed on schedule as referred to in
Article 31 of the General Conditions. ·
5. Upon submission by the First Party of evidence satisfactory to the Second Party that all
payrolls, material bills and other costs incurred by the First Party in connection with the
construction of the work have been paid in full, final payment on account of this agreement shall
be made within thirty (30) days after the completion by the First Party of all work covered by
this agreement and the acceptance of such work by the Second Party.
6. It is further mutually agreed between the parties hereto that if at any time after the
execution of this agreement and the surety bonds hereto attached for its faithful performance, the
Second Party shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for
any reason, ~ucb_.hondss~~~-~ to be adequate t2__~-~~~_!~~-_P..~T.fa!21.l£11Jf_~_QL!h~~Qrk, theFrrst_
P£1!:!Y shall, at its ex2ense, within five (5) days after the receipt of notice from the Second Pa.J"!y
ssUQJ:lQ.., furnish an additional bond or bonds in s~~!LfQ.~ and amount, ancl_:Y.Hh .~3JfJL~~!"ety or
sureties as shall be-·satfsT~~!Orrto·ilie-~fcoiidPaj-t"y. In such.eve.ni--ilo-further payment to the Fusi
Party shall be deemed to be due under _1hi:U~.fil-~-~IlJ.~nLuntil...su~h -~w or additional securitx for
!.b~-f~lh.fuLJ?~[fo@.~n~~--9L1h~.-lY9.tk _s,hgJ1J2~ . .J~mish~qj_.q __ lp~~t;!_ .. ~1:!cCfo.rm .. ~.~t.i_sfo.G19IT_!Q _!he~
Secon~y. · ~~ .. -~·-~-:-· ........ ,--· -·
3 Warren County PCB Landfill
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day
d d f-b · · I,' ' r ,. ' 1 11 ·1 f an ate Jrst a ove wntten m l"UuK couDlerpalls, l:d,.-i1 u1 .-,;11C1i .;1;~u ';,'iL;cu: p:-o o, er
accounting for other counterparts, be deemed an original contract.
Witness:
~~ttia,ur
' (Proprietorship or Partnership)
Attest: (Corporation) _____ _
JAMES M. REDWINE
e: ____ VICE PRESIDENT
The IT Gr
Contractor 1 rate Name)
y . Gardner, President
Title: ercial Engineering and Construction
(Owner, Partner, or Corp.
res. or Vice Pres. only)
(Corp. St5Ff?fGbfSl-PORATE COUNSE
SeA~¼SSISTANT SECRETAR
, Jr., P.E.
Licensee
(CORPORATE SEAL)
Witness:
Form OC-13
4
The State of North Carolina through
DEN'?...
(Agency, Department or Institution)
'B··•:-:::1~°"~".\ c~ Gu.'\,¼~~
y.....--7!RECTOR
Title: DIV. OF PURCHA.SE AND SERVICES
Warren County PCB Landfill
Bond No. 4SU998825
FORM OF PERFORMANCE BOND
Date of Contract: February 16, 2001
Date of Execution: =-F=eb=ru=ary:...L-=...;l 6:::..,.,-=2=0-=-0-=-1 ___________________ _
Name of Principal: _T-"-=h-=-e-=-IT-=---cGc..cr""""o~u.,,_p~, I=n~c-'-. ___________________ _
(Contractor)
Name of Surety: American Motorists Insurance Company
1 Kemper Drive, Long Grove, IL 60049-0001
Name of Contracting Body: North Carolina Department of Environment and Natural Resources,
Division of Waste Management
Amount of Bond: Six Million, Six Hundred and Fifty Eight Thousand Dollars ($6,658,000.00)
Project: Detoxification of the Warren County PCB Landfill Using the Base-Catalyzed
Decomposition Method -Program Documents, November 2000 (ID No. 010440101)
KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named,
are held and firmly bound unto the above named contracting body, hereinafter called the contracting
body, in the penal sum of the amount stated above for the payment of which sum well and truly to
be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered
into a certain contract with the contracting body, identified as shown above and hereto attached:
NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the
undertakings, covenants, terms, conditions and agreements of said contract during the original term
of said contract and any extensions thereof that may be granted by the contracting body, with or
without notice to the surety, and during the life of any guaranty required under the contract, and shall
also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said contract that may hereafter be made,
notice of which modifications to the surety being hereby waived, then, this obligation to be void;
otherwise to remain in full force and virtue.
43116\spec\bonds
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under
their several seals on the date indicated above, the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Executed in FOUR counterparts.
Witness:
Attest: (Corporation)
By:
-----JAMES M. REDWINE
~itle: VICE PRESIDENT
(Corp. S~-©DAfi®ffAT~~)JNSEL
AND ASSISTANT SECRETARY
Witness:
/}J)DU)}i '((I ~U:tv11s£.
Deborah M. Sparbanie, itness
Countersigned:
Not Required
(N.C. Licensed Resident Agent)
Marsh USA Inc.
6 PPG Place, Suite 300, Pittsburgh, PA 15222
Name and Address-Surety Agency
Title:
. Gardner, President, Commercial
and Construction Group
Jr., P.E.
Licensee
(Corporate Seal)
American Motorists Insurance Company
(Surety Company)
Title: Pamela L. Nunez, Attomey-in-
(Attomey in Fact)
(Surety Corporate Seal)
American Motorists Insurance Company with Concurrent Notice Sent to: Kemper Environmental
2709 Water Ridge Parkway, Charlotte, NC 28217
Surety Company Name and N.C.
Regional or Branch Office Address
43 II 6\spec\bonds
155 Village Blvd. Princeton, NJ 08540
RESIDENT AGENT COUNTER-SIGNATURE ENDORSEMENT
In order to comply with the Resident Agent Laws of the State of North Carolina, the
counter-signature hereto is to be considered the valid countersignature to the undermentioned bond.
Attached to and here by made a part of Performance and Payment Bond No. 4SU998825 of
,\.lu\,;l ;l.Oii i-.1v t~.H ;.:;~~ ~l ,SU.i-~1l~C Cc:1~;::1~;1 c:.:; t ~~~2![ c; T~~ !T 0 ;01.:~, !1~(" :?"} f~v~!° 0 f tbP 1\T0rth
Carolina Department of Environment and Natural Resources.
Countersigned this 28th day of February 2001.
·1n,~ ~ .
eMChisoim
r::,censed Resident Agent
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove,
Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint
Nancy M. Kunold, Karen L. Jensen, Christine A. Hartung, Pamela L. Nunez, Leslie L. Rudat, Elena Zunic,
Marjorie A. Altemus and Elizabeth Hartzberg of Pittsburgh, Pennsylvania (EACH)•••••••--••••••----•••••••••
their true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance
of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings ••••••••••••••••
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in
Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on
behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.•
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed
with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to
be valid and binding upon the Company."
In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this August 10, 1999.
Attested and Certified:
Robert P. Hames, Secretary by
Lumbermens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
J. S. Kemper, Ill, Exec.Vice President
Bond No. 4SU998825
FORM OF PAYMENT BOND
Date of Contract: =-Fe=b=ru-==ary~l:....:6=,-=2=0-=-0=-1 ____________________ _
Date of Execution: =-F=eb=ru=ary'-'-1:....:6"--'-,-=2=0.:::...0-=--1--------------------
Name of Principal: _T-=-=he..:;....:..IT=--.;:G=r--=-o~u-p,:i....:I=n=c.:..... ___________________ _
(Contractor)
Name of Surety: -~A=m=e=r""-ic=a=n'-'M'--"--"o..;..to=r=is~ts"-=In=s'""'u=ra=n~c~e~C~o~m=.-pa~n_y~----------
1 Kemper Drive, Long Grove, IL 60049-0001
Name of Contracting Body: North Carolina Department of Environment and Natural Resources,
Division of Waste Management
Amount of Bond: Six Million, Six Hundred and Fifty Eight Thousand Dollars ($6,658,000.00)
Project: Detoxification of the Warren County PCB Landfill Using the Base-Catalyzed
Decomposition Method -Program Documents, November 2000 OD No. 010440101)
KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named,
are held and firmly bound unto the above named contracting body, hereinafter called the contracting
body, in the penal sum of the amount stated above for the payment of which sum well and truly to
be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered
into a certain contract with the contracting body, identified as shown above and hereto attached:
NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying
labor/material in the prosecution of the work provided for in said contract, and any and all duly
authorized modifications of said contract that may hereafter be made, notice of which modifications
to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force
and virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under
their several seals on the date indicated above, the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Executed in FOUR counterparts.
431 I 6\spec\bonds
Witness:
~di=
Attest: (Corporation)
By: ~ ~~:e~
( Corp. ~cOOROO.A1ec5:©{y~NSEL
AND ASSISTANT SECRETARY
Witness:
ilil:xMJ1 'fr) , . i£;1:ufo ;n/JL
Deborah M. Sparbanie, Wtness
Countersigned:
Not Required
(N.C. Licensed Resident Agent)
Marsh USA Inc.
6 PPG Place. Suite 3 00, Pittsburgh, PA 15222
Name and Address-Surety Agency
Contractor:
By: ___ ......... ..-t..f"C..L----=c...L.......;:L=•;....._;:G;..;:a:;.;_r-=d ne r, Pres.
Title: Com and Construction
(0 Group
nly)
A. Dun , Jr., P.E.
Carolina
(Corporate Seal)
American Motorists Insurance Company
(Surety Company)
By: ~{J~ i0/J~,
Title: Pamela L. Nunez, Attom~ act
(Attorney in Fact)
(Surety Corporate Seal)
American Motorists Insurance Company with Concurrent Notice Sent to: Kemper Environmental
2709 Water Ridge Parkway, Charlotte, NC 28217
Surety Company Name and N.C.
Regional or Branch Office Address
431 I 6\spec\bonds
155 Village Blvd., Princeton, NJ 08540
RESIDENT AGENT COUNTER-SIGNATURE ENDORSEMENT
In order to comply with the Resident Agent Laws of the State of North Carolina, the
counter-signature hereto is to be considered the valid countersignature to the undermentioned bond.
Attached to and here by made a part of Performance and Payment Bond No. 4SU998825 of
_/\_'.1''.''·ir-<>n ~0f()r i ~t~ Tn~Tl f'ltl~"-r 0n1;12riy n n hPh<i lf of The TT G r011;1. lnc. in favor of the N orth
Carolina Department of Environment and Natural Resources.
Countersigned this 28th day of February 2001.
Licensed Resident Agent
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbennens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove,
Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint
Nancy M. Kunold, Karen L. Jensen, Christine A. Hartung, Pamela L. Nunez, Leslie L. Rudat, Elena Zunic,
Marjorie A. Altemus and Elizabeth Hartzberg of Pittsburgh, Pennsylvania (EACH)*••0 •••••••••0 ••••••••••••
their true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance
of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings ••••••••••••••••
EXCEPTION: NO AUTHORITY is granted to make, execute. seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note, check, draft or letter of credit.
This authority does not pennit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in
Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being in full force and effect:
-VOTED, That the Chainnan of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on
behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chainnan of the Board, the President, any Vice President, or their appointees designated in writing and filed
with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to
be valid and binding upon the Company."
In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this August 10, 1999. ·
Attested and Certified:
Robert P. Hames, Secretary by
Lumbennens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
J. S. Kemper, Ill, Exec.Vice President
1····~.:A!~!i1!~!!~::j:;2::gi_r~••f).•¢·•f}·r~:::,Q.·E•:.·i:f.J.$•·•~••~r-:A~, -N__ ~-<~·1;_Jli_'.\Ijl~:i.ii~~::~'~---•·_·" _· ~--··:.'·_,.i!::~1
:(i;_1:t_.:Ii_:::·_· ~-~;-~ ~-M;_;~_,YY-) --1'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Marsh USA Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Six PPG Place, Suite 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Pittsburgh, PA 15222 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Attn: Lynne Fletcher
412-552-5070
COMPANY
COMPANIES AFFORDING COVERAGE
17800 --CPL&E-00-01 IT A COMMERCE AND INDUSTRY INS CO
INSURED COMPANY
The IT Group, Inc.,
IT Corporation &
Its Majority Owned
Subsidiary Corporations
2790 Mosside Boulevard
Monroeville, PA 15146-2792
B AMERICAN HOME ASSURANCE CO
COMPANY
C NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA
COMPANY
D AMERICAN INTERNATIONAL SPECIAL TY LINES CO.
£2Xr~;A~,I:~:;:; ;•,· ;• ,, ,., :;:: {, 'Thls:~frtifjcatesupe,rse~esa'n.d tepl~cei;il)yp,:J_yjpg~ly~_ku'ii:~•c·~~ficaJ,i!:; :·. ;;i,<};,;\::r./f\';;;i;llf;i;?"'' ;:.; ~;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH·POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~~ I LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/00/YY) DATE (MM/DD/YY) LIMITS
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
A :?(: J CLAIMS MADE ~ OCCUR GL 4178502
OWNER'S & CONTRACTOR'S PROT f---
AUTOMOBILE LIABILITY
f---
X ANY AUTO
B ALL OWNED AUTOS RMCA4575743RA (AOS) -B SCHEDULED AUTOS RMCA1467671 RA (TX)
HIRED AUTOS -
NON-OWNED AUTOS -
GARAGE LIABILITY
ANY AUTO -
EXCESS LIABILITY
C
~ UMBRELLA FORM
OTHER THAN UMBRELLA FORM BE 739 46 57
B WORKERS COMPENSATION AND 4551214 (AOS) EMPLOYERS' LIABILITY
E 4550498 (AR,FL,MA,TN,VA)
F THE PROPRIETOR/ RINCL 4550499 (IL,LA,NY)
C PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL 4550501 (OR.NV WI)
OTHER
CONTRACTORS POLLUTION
D LIABILITY COPS2677811
ERRORS & OMISSIONS
04/01/00 04/01/01
04/01/00 04/01/01
04/01/00 04/01/01
04/01/00 04/01/01
04/01/00 04/01/01
04/01/00 04/01/01
04/01/00 04/01/01
04/01/00 04/01/01
04/01/00 04/01/01
GENERAL AGGREGATE
PRODUCTS -COMP/OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
COMBINED SINGLE LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
AUTO ONLY -EA ACCIDENT
OTHER THAN AUTO ONLY:
$
$
$
$
$
$
$
$
$
$
$
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE
AGGREGATE
X I STATUTORY LIMITS
EACH ACCIDENT
DISEASE -POLICY LIMIT
DISEASE -EACH EMPLOYEE
EACH OCCURRENCE
AGGREGATE
$
$
$
$
$
$
2,000,000
2,000,000
2,000,000
2,000,000
2,000,000
3,000,000
3,000,000
2,000,000
2,000,000
2,000,000
5,000,000
5,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIONS.
Request Date: 2/19/01. RE : Project #823851/Contract #010440101; Detoxification of the Warren County PCB Landfill using the base-catalyzed decomposition
method. State of North Carolina and Earth Tech are included as Additional Insureds as respects the attached Additional Insured Endorsement. Coverages
under this policy will not be cancelled, reduced in amount, or eliminated until at least (30) days after mailing written notice, by certified mail, return receipt
equested, to the insured and the owner of such alteration of cancellation.
North Carolina Department of Environment
and Natural Resources Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
•··, •P ANE~L½T! 8N }:': ({ ;;;t[J'i}/'.i):L:1)::•: ;;;;:}i'.iitf;ii j(/.f :,;'?:, :,:./,:i:iih:i: :•·,_: ':i:I~K . Xsll1ii}IBX){v(&'C~~'l000(~~~~~~~¥i¥e1:i~ni¥" ' '
XIDii~*KDX~elli~K~~Jt1S~vC~~W'10r~~lX
:X«XXX~S:.iNMif&X1X:XilfeC~X~*~~MZ¥o'<~1'&¥:;,\:X
Xs{iX~li~~iXs<JX~t¥at~K~~li~~~*~~~~~~¥
~XXll.'il{d(~UX'HJXXX@m~JCX1~Y.A.'&:&liKXU~~Jv~X
PRODUCER
Marsh USA Inc.
Six PPG Place, Suite 300
Pittsburgh, PA 15222
Attn: Lynne Fletcher
412-552-5070
17800 --CPL&E-00-01 IT
INSURED
The IT Group, Inc.,
IT Corporation &
COMPANIES AFFORDING COVERAGE
COMPANY
E INS CO OF THE STATE OF PENNSYLVANIA
COMPANY
F ILLINOIS NATIONAL INS CO
COMPANY
G
Its Majority Owned
Subsidiary Corporations
2790 Mosside Boulevard
Monroeville, PA 15146-2792
I----------------···-----·----------·---·------···------------
COMPANY
H
CERTIFICATE HOLDER/CLIENTS/OTHERS ARE AN ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR IN CONNECTION WITH THE
GENERAL LIABILITY AND/OR AUTOMOBILE LIABILITY INSURANCE POLICIES IDENTIFIED IN THE AGREEMENT
'.'.': f-!r.~c ~_:-TEP rici:-1~1cn1 PRnV!f:lFO . HOWFVFR. THAT THE COVERAGE PROVIDED HEREUNDER IS AND SHALL BE STRICTLY CONSTRUED
AND STRICTLY LIMITED IN ACCORDANCE WI f"H THE ~ULLOWING:
(A) SUCH INSURANCE SHALL PROVIDE COVERAGE ONLY FOR THOSE RI SKS, OBLIGATIONS, LIABILITIES, AND OCCURRENCES FOR WHICH
INSURED IT IS LIABLE UNDER THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BY AND BETWEEN IT AND CERTIFICATE HOLDER
PURSUANT TO WHICH THIS CERTIFICATE HAS BEEN ISSUED; AND
(8) IN NO EVENT SHALL THE INSURER'S OBLIGATIONS, DUTIES, RESPONSIBILITIES OR LIABILITIES, EXCEED OR EXTEND BEYOND THOSE OF IT
UNDER THE AGREEMENT; AND INSURER SHALL BE ENTITLED TO THE BENEFIT TO ALL DEFENSES AVAILABLE TO IT UNDER SUCH POLICY(IES)
ANDTOITUNDERTHEAGREEMEN~AND
(C) SUCH COVERAGE SHALL BE SUBJECT TO ALL EXCLUSION, EXCEPTIONS, LIMITATION, RESTRICTIONS AND REQUIREMENTS SET FORTH IN
BOTH SUCH POLICY(IES) AND THE AFORESAID AGREEMENT; AND
(D) SUCH INSURANCE SHALL BE EXCESS OVER ALL OTHER APPLICABLE
INSURANCE; AND
(E) UPON COMPLETION OF EACH INDIVIDUAL SERVICE WHICH IT IS REQUESTED TO PERFORM, CERTIFICATE HOLDER/CLIENT/OTHERS
STATUS AS AN ADDITIONAL INSURED SHALL TERMINATE WITH RESPECT TO SUCH SERVICE.
~~~f.lr~Et~lii~;:r~c2~.9+~~~~Q;tk-i!tt~~~i~$,~~~~~~~l~~\~tiJilli11~ll!~fi?la~~~1?ifi~~i~U~~~;).~~n~~i;£1~~1!~ft~t~&:~tiJ1t.illlE~i~~~&!TI?~t~1:~~~~~i~~~~:(1f.!~Jtr.~~~,~~-~:;:~:.~;~--=-~·
North Carolina Department of Environment
and Natural Resources Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION.
The IT Group, Inc.
\Vaiver of Subrogation Endorsement
It is understood and agreed that the Company, in the event of any payment under this policy, lvaives its 1ight of recove1y
against any Principal, but only at the specific written request ofthe Na.med Insured either before or after loss, wherein such
waiver has been included before loss as pai1 of a Contractual unde11aking by the Nained Insured.
This ·waiver shall apply only ,-..ith respect to losses occmring due to operntions 1mde1taken as per the specific contract
exi~:ting between the Named ln-.:med and such Principal and shall not be constrned to be a waiver with respect to other
operations of such Principal in which the Named In-.:ured has no contractual interest.
No v,raiver of subrogation shall directly or indirectly apply to any employee or employees of either the Named Insured or of
t11e PJincipal. ,md tJ1e Company reserves its 1ig.ht or lien to be reimbmsed from any recove1y fiinds obtained by any insmed
~rnployee.
This waiver does not apply in any jmisdiction or situation ,vhere such ,vaiver is held to be illegal or against public policy or
in any situation wherein the P1incipal against whom subrogation is to be waived is found to be solely negligent.
.... -
1.Girennr t!f car 2001 . ... . ·. ;· .; ·. ~ . FT111i.,; .... f.Gi.cr11n1? Nn. . ~\\tt~ CEtttnJt11~ 37810 . . . · .. :: . . 11.ii.censtng iottrll f; I r ~.eµeral Q!nut.r~rln..rs::· ·:. IDflis i.a : Cferfify mqat: The :, · . Group, Inc . Mo1,: oev,i) .. le, · PA is bu(!J registerr i, Jtth cttfifle~: :lrt prnctir.c ·· · ~cu.eral Qlrittthtcfiu9 Limita~ ion:'· Unlimited Class if ic:. don: Unclassified .· .. . .... . ·.•,• . ·, .. •· ·.:. . . . . ... ... : . . . '.·· .. :. ··. ;:·. .. llttlil Dec8.~e~ 31, 2001 w4rn th,i!l :: e~ft'catr t)ipirrs. IDitnr.a.B 11ur t,m,,, u nnb mml nf tqr inarh. -_ . . . . iJat~li. illnletgft--N.~. .·· . . : . . . . . · . .. _ ·':: .. : ·:_Ja.1, 3.ry.-.1,: 2001· . ·. Slfi~ c~tt.!1. 1 re ~a~ ·not be 1lfe.rd. Af-P. J/L -/[,~•Irma$ ~ fl l':rcrrtaru-i:rrcnaurrr 42111 'Tl ~ • ID I ... co I ISi .. ISi co "' m 'Tl itl 0 :? ... '"' r--lT! t:'l :i, r--'O t:'l :c ... 0 ~ .. "' CD C/1 CD CJ ID ID -J 'O :i, t:'l IT! "' ' "'
ACKNOWLEDGEMENT OF RECEIPT OF "NOTICE OF A WARD"
Receipt of the above "Notice to Award" for the Warren County PCB Landfill Detoxification design/build
project is hereby acknowledged
.. ·d --, on this the /✓ -day of ~;6£e -4/2--y' , 2001.
/
(
/ ,/? ! c/2k~6 :s..s _,::-c7/6--U¥1 ~~ ~~;-
!_ __ .. /
,.
APPROVAL OF THE ATTORNEY GENERAL
APPROVED AS TO FORM
ATTORNEY GENERAL
___ L --
CERTIFICATION BY THE OFFICE OF
STATE BUDGET AND MANAGEMENT
Provision for the payment of money to fall due and
payable by the State of North Carolina through the
Department of Environment and Natural Resources, Division
of Waste Management under this agreement has been provided
for by allocation made and is available for the purpose of
carrying out this agreement.
This day of VYtA{ZcJ.\ , 2001
Signed:
Budget Officer
February 6, 2001
Mr. John Duffey
IT Corporation
11560 Great Oaks Way, Suite 500
Alpharetta, GA 30022-2424
Subject: Notice of Award
Warren County Landfill PCB Detoxification
Wam~n f:ountv, North Carolina
Dear Mr. Duffey:
This is notification that you are the apparent successful bidder for the above-referenced
Project and have been awarded a contract by the North Carolina Department of Natural
Resources (NCDENR).
Attached are four copies of the Contract and construction document checklist. You must
return four fully executed copies of the Contract and comply with the following conditions·
within 10 days following the date of this Notice of Award.
1. Sign the contract in accordance with the checklist.
2. Provide certificates of insurance in accordance with the Contract Document
requirements.
3. Performance and Payment Bonds must be. submitted using the forms given in the
Program Documents (attached). These must be signed by the same person who signed
the contract.
4. Completed Power of Attorney sheet (attached).
5. Updated General Contracting license (license submitted with bid expired on
December 31st).
Following your execution of the Contract, submit all four copies with attachments to the
address below. Following the review and execution by the NCDENR, one fully executed
counterpart of the Contract will be returned to you within 10 days.
Failure to comply with these conditions within the time specified will entitle the NCDENR to
consider your bid in default and to annul this Notice of Award.
A b,ca INTERNATIONAL LTD. COMPANY
Telephone
864•234•3000
Facsimile
864•234•3069
' l
. ,.
Mr. John Duffey
February 6, 2001
Page Two
Within 10 days following your receipt of the fully executed Agreement, you are to submit to
the Owner's Consultant a construction progress schedule and a spending forecast. Send three
copies of the documents to the address below:
Jim Cloonan, P.E.
Earth Tech
10 Patewood Drive
Building VI, Suite 500
Greenville, South Carolina 296 I 5
A conference call will be held to discuss and review the schedules and Work. The call will
also be used to establish procedures for submittals, payment requests, site safety, and other
related business. You will be contacted in the near future regarding the time and date of this
call. Following the call and approval of your submittals, a Notice to Proceed will be issued
authorizing you to begin the design portion of the project.
Please acknowledge receipt of this letter by filling out the information at the end and
returning it to me. Should you have any questions in regard to the above matters, please feel
free to call me at 864.234.3056.
Regards,
Jim Cloonan, P.E.
Project Manager
/attachments
c: Pat Backus, NCDENR
Steve Pellei, NCSCO
John Funk, Raleigh
10 Patewood Drive, Building. VJ, Suite. 500 , Greenville, SC 29615 • P.O . Box 24000 Greenville , SC 29616
January 2, 2001
Ms. Pat Backus
North Carolina Department of Environment and Natural Resources
Division of Waste Management, Solid Waste Section
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
Ref ere.nee: Recommendation of A ward
Warren County Landfill PCB Detoxification
NC SCO ID #6095220110
Dear Ms. Backus:
Based upon the results of the bid opening conducted on December 22, 2000, Earth Tech
recommends that the IT Group be awarded the referenced work. A certified Bid Tabulation is ·
attached for your review. Also attached are a Bid Summary Sheet (Section 325) and a copy of .
a Jetter to the IT Group requesting their submittal of minority business participation
infonnation.
If you have any questions, please contact me at 864-234-3056.
Sincerely,
Earth Tech
?r~
Jim Cloonan, P.E.
/attachments
c: John Funk
E A R ,..
I H ® 1 E
A Cr,ao ""1£/INATJON.-L LTD. COMPANY
C
Telephone :
..
Facsimile : .·· :
WARREN COUNTY PCB LANDFILL
BCD DETOXIFIA TION
ID# 6095220110
BID TABULATION
BID OPENIDNG DATE DECEMBER 22, 2000
BIDDER LICENSE
NUMBER
Prime: Roy F. Weston
GC: H.G. Reynolds 14149
Prime: WRS Environment &
Infrastructure
Pl3202
Prime: The IT Group
37810
(Jfj~
Earth Tech of North Carolina Inc.
Jim Cloonan, P.E.
\/z-/01
BID BASE
SECURITY BID
Yes $19,232,355
Yes $17,072,742
Yes $13,581,800
TREATMENT
TECHNOLOGY
BCD Soil &
Liquid/
BCD Soil &
Liquid
BCD Soil &
Liquid
SECTION 325
STATE CONSTRUCTION OFFICE
BID SUMMARY SHEET
OWNER'S CONSULTANT: Earth Tech of North Carolina, Inc.
PROJECT NAME: Warren County Landfill PCB Detoxification
CODE & ITEM#: Item ID# 60952201 IO
DA1E.BIDS RECENED: December 22, 2000 .
PROJECT SIZE: Not Applicable
DESIGN/BUILD CONTRACT
TOTAL
$13,581,800.00
AVERAGEOF3
LOWEST BIDS $16.628,965.67
LOW BID
PHASE I
$6,658,000.00
$7.464.871.33
PHASED
$7 .442.300.00
$10,200,335.67
NOTE: Phase I & Il do not sum to total since the Phase I
bid amount includes costs for partial demobilization
and restoration not required if Phase Il funds are
approved.
ESTIMATED BID
OVER/(UNDER) BUDGET
ALTERNATIVES
No Alternative Bids
OTHER UNIT PRICES
No Estimate Prepared
Not Applicable
No. 1: Soil Testing for PCB and TEQ dioxin/furans
in landfill, pond or other areas as directed
by Owner's Consultant
$1,200.00 each sample
REMARKS
SECTION325
STATE CONSTRUCTION OFFICE
BID SUMMARY SHEET
Project entails the detoxification of the Warren County PCB Landfill in Warren County,
North Carolina. The selected ·contractor will enter into a design/build contract with the
North Carolina Department of Environment and Natural Resources to design and
construct remediation support facilities including access roads, utilities, buildings,
structures, and Base Catalyzed Decomposition (BCD) soil and liquid process systems.
After successful performance demonstration, the contractor will excavate the landfill and
treat approximately 72,000 tons of landfill material and associated condensate liquids
using the BCD process. Work will also include landfill closure, system and facility
decontamination, demobilization, and site restoration. Work will be contracted in two
phases. Phase I, Performance Demonstration, includes design, permitting, mobilization,
facility and process systems construction, and performance demonstration testing.
During the performance demonstration phase, as funds become available, the contract
value will be increased to include Phase II, BCD Treatment. Phase Il also includes
landfill closure and site restoration.
2
BID ITEM DESCRIPTION ·-• -· I • . BID SUr.AM~~'r' ~H./1.SE.(_ .. J ...... . WARREN COUNTY PCB LANDFILL ··-· --.. -· ----. ... +·····-·---··· DETOXIFICATION PROJECT ·-------1··--·---·-·-·--+· ............ -·· .... , ... . ·-·-+·---·---1-----l ···--·+·---~--THE IT GROUP ·-.. ·····-· ... I ·--········-·-····•·I··-.. -· ...• _. __ . BIDDERS WR~ ~~~~~~Ri,~~~E 1--··---.J. ·-··-····-·1-.. -1 ROY F. WESTON 1 JDe_SiQl11pe\m.Hsl,n1>biliron . .. . . . _ . 2. . _ ISite~.repc1[ati~n ~°-~-1·or1~~~c:ti9n --······· .~?,7.I_~ .. ~o.~ .~~-·-· _:: ·1· = jli?)63,1~51 = ·· 1-·T$i,29ci:S20' · = .. ···-·····---·· , ........... -···---1-··-------j --·-·--··1·-····---•-· ---···,-------------~:.-i~~·.=~~:~·~JJ2·.~~JQqJ_· --··--~J=~·----j-$1.a35.ooo/ I I $3.~~.~.639t+---3 . IPertOrmat oen,on.srauo=-~-f-::= = ~$23~202·==~~·== ::·===-=~6~6_-~~ . I $1,339.~10, ___ _, 4 l~e.rtormanrC?e.~?r,srti~m ~~~T~L~ ~···-.·: -.=~~?.~.ogg ~~~-.: -~.-~ .. :~1. -··--····J __ .~~~~~.~~., .. _. __ .. _J._ ... -f .. $?~:~~t-···-·-·-·-~--'Performance Demonstration.Testing ___ . $504,200 1. : ~::;.~:r~~;~~T""•m•:· _ ~ : -= -= . . =: -· . -· _ .1 ___ --jc------+----t---------1 6 _!Performance. Demonstlration Test -·--··--·-__ $14,300 -·····---··'------'--$175,536 Site Restoration ----1 ,___ · , I ~~:~~:i.o":::~ r,am : ·----$14.ooo-:··-:-~·.-~-:-... -.. •-=--.--~--~-.==.+_~$~14_9_,e_a_o-+----+------+-$-1_1_4_.2_a_o!-----community Redevelopmment $25,000 $25,000 ---+--·-·-$25,000 Phase I c::~r11r11~ri~tY .. _ .. -·----· ·--···-. ~ ~~oo!.oQ_~. I 1 · $250,000) I I $2,000,000+---·---8 $739,038 $1,623,150 $52,500 ResourcesJ-. ··-· -·· ·········---'---Phase I Mi~oritiS,usin.~ss·-. ' . -........ ,. ·-····-· ... . ParticieaU~r, . · -f--PHASE I dusTOTAL/······ -····-·····-1···-··-·-. -··1·$s;sss~oool·-•-··-·-·-·· .-J---t$6;G31)841 I I $9,104,830 $0 ---•--1--·--··-------·I-----------•• .. •-------·t-· · · · -·-·J $510.000/_ __ . · ___ J .. ··-----1. $100.oooL ··--------
-----··----,-------··-------·+---------·--t-----------1 ~wAR:'gii60NA~\itffrd~FiCL[L ____ ---------+ ----+----------t ----f DETOXIFICATION PROJECT --+-------+--------1----·--·-·----·---·------------------+------<f-------+------+------1 ---····--··-··---1-------···---!-------+-----+-------+-------·-·-----1··-·· --I·---.. ·-•-·-·•· --1-•------··-. ··-· . +---·······• BIDDERS -· -----------·1--------BID --__ . .,. ______ ----I · -·---· ··•I-----·-··· --·--• · ·•-·'·---··· · ··- -" --/-----------------------·---------L--------+------t----------1---------1 WRSINFRASTRUCTURE ____ ITEM __ ,DESCRIPrON _______ , ______ __, _ __ _ ____ THE ITGROUP ~ _ -~--=-r -&ENViRONME_N_T_-+------1-----'-------·------~ _Ji=::~i_~ip~~-~J~t~~-~Q_(!1!! ___________________ -~-~9_,Q_~Oi_~~ ____ _$_~§_9,9Q9. ---------·-·--· ~!2_4_'._5~2/mo j $313,6261 j$278,000/~~J_J834,000I _:~-~~-_l~;~~~~j-:~~ a~~~~~[elayer _____________________________ $28,000 I I $122,231 1 ------~-: ---:::~~j;-~-:-;:-~J~------------1_ ·-------· ·-·---• s::4::~6:: $6. 1019a1 $402,000 $11.so19a1 $1,oso,000 13 ;:~:o:::I:::;1~pose of ___ $235/ton $4,700 $3000/ton $60,000 $400/ton $8,000 -····------ROY F. WESTON $196,000 ___ J!_36.56/ton I $9.~~2.32Q I$125/ton_J $9,000,000 Oversized and Incompatible Debris ___ !~-~~i•~~;~~z~r:~ ---1 --_-1 r $488.0001 1 1 $432.3041 1 1 $605.9301 Demobilization 1 15 ~~~~~unity Outreach Program Phase II ____ ____ ------=+--L __ -=---1 ---+1--1 ~ I 16 Site Restoration $10,900 $122,2751 I I $44,545 $76,900 $45,7761 f f $39,700 -·--·---•--t-------~-----L------+-----+-------+----::-----+------1--------+----17 __ j_~o'!1_~unity Redevelo1_me_~t_--+ T--,------1 1--·•---------· -·-------~--~--------________ Phase II C?mmunity ~esources 1 :·.:-:-:-.:-:-:----·------~----· _____ ____j__ ____ ______, . =-4-----+-------+-~ Phase II Minority Business --------· --· · 'Participation --_--:~n~~½~lull.Wftr I I r I I I $?5 0001 I I $25,0001 I I $25,000 I I I :til .!JUU.UUU I I : :t>J.UU0,000I I I $2.900,000 I I $800.000l I I $400.000I I I $363,000 t~~=. ----_-_ ----:-: $11,355,5321 . $7,442,300 , I I s11,aoJ,11s $6,658,000 $6,631,784 $9,104,830 $13,581.800 $17,072,742 $19,232,355 TOTAL LUMP SUM PHASES I & II ···-·•----1---··---··-·---·-----------·-------1·----+-----t-=---•--..:.._-1----+-----t------'---t------t-------r----. (Less items 5 & 6)
l FORM OF PROPOSAL
Warren County Landfill PCB Remediation Bidder: ______ T __ h __ e __ I __ T_G__._ro __ u_p __ _
Department of Environment and Natural Resources
Detoxification Desi!m/Build Contract Date: December 21. 2000
The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal
as principal or principals is or are named herein and that no other person than herein mentioned has any interest
in this proposal or in the contract to be entered into; that this proposal is made without connection with any
other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith
without collusion or fraud. The bidder funher declares that he has examined the site of the work and the
contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids;
that he has satisfied himself relative to the work to be performed.
Bidder must submit a process flow diagram, major equipment list, description of air pollution control
system, throughput of continuous BCD system (tons/hr), and preliminary project schedule with his bid .
The Bidder proposes and agrees if this proposal is accepted to contract with the State of North
Carolina. through the State Construction Office in the form of contract specified, to furnish all necessary
materials. equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete
all design work. construction of all PCB treatment, process, and suppon facilities. and detoxification of the
Warren County PCB Landfill to the full and entire satisfaction of the State of North Carolina. Depanment of
Environment and Natural Resources 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, for the sum of:
DESIGN/BUILD CONTRACT:
Base Bid (Inclusive of Bid Items 1 through 4 and 7 through 17):
Thirteen million five hundred ei£htv-one thousand ei£ht hundred Dollars ($13.581.800
Not Including Bid Items 5 and 6
December :woo Proposal Fann• 1 Warre11 County PCB Remedia1io11
(
Bid Item
1.
2.
3.
4.
5.
6.
7.
' 8.
December 2000
SCHEDULE OF VALUES
Description Quantity Unit Price Extended Price
Design/Permits/Mobilization L.S. $2.960.000
Site Preparation and Construction L.S. $2,772.300
Performance Demonstration L.S. $ 233,200
Performance Demonstration L.S. $ 135,000
Testing
Performance Demonstration Test LS. $ 504,200
Decontamination, Dismantlement
And Demobilization
Performance Demonstration Test L.S. $ 14,300
Site Restoration
Community Outreach Program L.S. $ 14.000
Phase I
Community Redevelopment L.S. $ 25.000.00
(Bid Allowance)
PHASE I SUBTOTAL $6.658.000
(Estimated Phase I Community Resources :.$--:..:1.:.::2..:.0.:::.0·=0=0-=-0-------'
(Estimated Phase I Minority Business Participation ""$-'Z=-e:.:r..a:o'-------"
Proposal Fann -2 Warre11 County PCB Remediation
Bid Item
9.
10.
11.
12.
13.
14.
15.
16.
17.
December 2000
SCHEDULE OF VALUES (CONT)
Description Quantity Unit Price Extended Price
Equipment Stand-Down 3 months $ 60.000 Imo. $180.000
Top Soil, Fill, and Clay Layer 14,000 CY 'LS. ~ 28.000
Removed and Stockpiled
BCD Soil Treatment 72.000Tons $ 88.40 /ton $6.364.800
(Based on
$0.95/gal propane or
$1.10/gal No. 2 fuel oil)
Liquid BCD Treatment 60,000 gallons 1 4.40 /gal $264,000
with off-site recycle (Based on
$0.95/gal propane or
$1.10/gal No. 2 fuel oil)
Decontaminate and Dispose of 20 tons $ 235 /ton $4.700
Oversized and Incompatible Debris
Process Decontamination LS. $488.000
Dismantlement and
Demobilization
Community Outreach Program LS. $ 10.900
Phase II
Site Restoration LS. _$76.900
Community Redevelopment LS. $ 25.000.00
(Bid Allowance)
PHASE II SUB TOT AL $7.442.300
(Estimated Phase II Community Resources $1.500.000
(Estimated Phase II Minority Business Participation .... {$--"8"""00=·=0-"-00"--____ __,
TOT AL LUMP SUM PHASES I & II
Not Including Items 5 and 6
Proposal Form• 3
$13.581.800
Warren County PCB Remediation
I \
UNIT PRICES
Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically
noted. Unit prices shall be applied, as appropriate, to compute the total value of changes in the scope of the
work all in accordance with the contract documents.
No. 1. Soil Testing for PCB and TEQ dioxin/furans
in landfill, pond or other areas as directed
Each Sample, Unit Price$/. 2 00 '
by Owner's Consultant
lte. 2. Aeeitienel ee!!t!! if LBCD ergmtie J'.'hll!le lietttie!! Per Po..,~. y,.;, p,;¥
DESIGN /BUILD CONTRACT:
The bidder further proposes and agrees hereby to commence work W1der this contract on a date to be
specified in a written order of the Owner and shall fully complete all work thereunder ·within consecutive
calendar days from and including said date. Anticipated project completion date is December 31, 2002 and
all prices are firm through that date. Applicable liquidated damages are stated in the Supplementary General
Conditions.
The undersigned further agrees that in the case of failure on his part to execute the said contract and
the bond within thirty (30) consecutive calendar days after written notice being given of the award of contract,
the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's accoW1t
set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond
accompanying this proposal shall be returned to the undersigned.
Attach certified check, cash or bid bond to this proposal.
Respectfully submitted this _2_1 __ day of December
The IT Group. Inc.
(Name of firm or corporation making bid)
WITNESS: BY:
(Proprietorship or Partnership)
2000.
A ess: 2200 Gate a Centre Blvd. Ste 205
i ense No. 37810 Morrisville, NC 27560
FLORENCET. RIC eral I.D. No. 94-1259053
C NOTAl'i MUC Of NEW J9SEY --::::::~---'~---'-~----,,._mmlssJon Explres 1/19/2001
T President, General Counsel
(Corp. Sec. or Asst. Sec. only) & Secretary (CORPORATE SEAL)
December 2000 Proposal Form -4 War:ren County PCB Remediation
Acknowledge addendum received and used in computing bid by inserting their dates:
Addendum No. 1 November 27. 2000 Addendum No. 3 December 15. 2000
Addendum No. 2 December 13. 2000 Addendum No. 4 --=D~e~c:.:::e.:.:.m!::b~er:....:..:19:..:.·-=2~0.:::.;00"--
Addendum No. 5 December 19, 2000
December 2000 Proposal Form -5 Warre11 Co11my PCB Remediation
TABLE OF CONTENTS
NCDENR -WARREN COUNTY PCB LANDFILL DETOXIFICATION
PROGRAM DOCUMENTS
ID # 6095220110
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS
SUPPLEMENTARY GENERAL CONDITIONS
FORM OF PROPOSAL
FORM OF CONSTRUCTION CONTRACT
FORM OF BID BOND
FORM OF PAYMENT BOND
FORM OF PERFORMANCE BOND
Sheet for Attaching Power of Attorney
Sheet for Attaching Insurance Certificates
Form of Approval for the Attorney General and the Office of State Budget and Management
TECHNICAL SPECIFICATIONS
Section 00901 -Addendum No. 1
Section 01270-Measurement and Payment
Section 02100-Site Preparation
Section 02223 -Decontamination and Disposal
Division 11 Specifications (revised)
ATTACHMENTS
ATTACHMENT 1 -CP&L Electrical Service Map
ATTACHMENT 2 -Estimated Feed Composition
ATTACHMENT 3 -Phase I Pilot Scale Test Report
ATTACHMENT 4 -CD of March 2000 Design Specifications, Plans and Drawings and
Diskette of Other Electronic Files
APPENDIXA-
APPENDIXB-
APPENDIXC-
APPENDIXD-
APPENDIXE-
MBE CONTRACT PROVISIONS (CONSTRUCTION)
MBE UTILIZATION COMMITMENT
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR OR
PROVIDE MATERIALS OR SERVICES
CERTIFICATION REGARDING SUBCONTRACTING PRACTICES
NC STATE CONSTRUCTION OFFICE STANDARDS
NOTICE TO BIDDERS
Sealed proposals will be received by the Department of Environment and Natural Resources,
Division of Waste Management, 401 Oberlin Road, Suite 150, Raleigh North Carolina 27605, in the
office of Ms. Pat Backus, up to 11 :00 a.m., on December 22, 2000. The sealed proposals will be
publicly opened and read in Warren County, North Carolina at 1:30 p.m. (location to be announced)
for the furnishing of all labor, material and equipment for entering into a design/build contract for
remediation of the Warren County PCB Landfill.
Complete plans, specifications, contract documents, landfill characterization reports and
other project-related information will be open for inspection in the office of Ms. Pat Backus,
Division of Waste Management, 410 Oberlin Road, Suite 150, Raleigh, North Carolina.
The work will require approximately: Design and construction of remediation support
facilities including access roads, utilities, buildings, structures, and Base Catalyzed Decomposition
(BCD) process system(s); landfill excavation and treatment of approximately 60,000 tons of PCB
soils and associated condensate liquids; landfill closure; system and facility decontamination and
demobilization; and site restoration.
A single prime combined bid for all work. All proposals shall be lump sum.
A mandatory pre-bid meeting will be conducted at 10:00 a.m., December 7, 2000 at the
Division of Waste Management offices (401 Oberlin Road) for all prospective bidders.
All contractors are hereby notified that they must have proper license under the state laws
governing their respective trad,es.
General contractors are notified that Chapter 87, Article 1, General Statutes of North
Carolina, will be observed in receiving and awarding general contracts. General contractors
submitting bids on this project must have license classification for specialty contractor (set forth the
license classification required under G.S. 87-1).
November 2000 Notice to Bidders - 1 Warren County PCB Remediation
Each proposal shall be accompanied by a cash deposit or a certified check drawn on some
bank or trust company, insured by the Federal Deposit Insurance Corporation, of an amount equal
to not less than five percent (5%) of the proposal, or in lieu thereof a bidder may offer a bid bond of
five percent (5%) of the bid executed by a surety company licensed under the laws of North Carolina
to execute the contract in accordance with the bid bond. Said deposit shall be retained by the owner
as liquidated damages in event of failure of the successful bidder to execute the contract within
thirty days after the award or to give satisfactory surety as required by law.
A performance bond and a payment bond will be required for one hundred percent (100%)
of the contract price.
Payment will be made on the basis of ninety-five percent (95%) of monthly estimates and
final payment made upon completion and acceptance of work.
No bid may be withdrawn after the scheduled closing time for the receipt of bids for a period
of 30 days.
The owner reserves the right to reject any or all bids and to waive informalities.
All questions should be submitted on or before December 15th in writing, via fax, letter or
e-mail, to:
Ms. Pat Backus
Division of Waste Management/ PCB Landfill Detoxification Project
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Fax: [phone]
E-mail: pat. [e-mail]
Responses will be sent to all bidders.
Owner: Ms. Pat Backus
Division of Waste Management
Raleigh. North Carolina
Oversight Contractor: Earth Tech. Inc.
November 2000
10 Patewood Drive. Building VI. Suite 500
Greenville. SC 29615
and
Earth Tech. Inc.
701 Corporate Center Drive. Suite 475
Raleigh. NC 27607
Notice to Bidders - 2 Warren County PCB Remediation
Form OC-15
INSTRUCTIONS TO BIDDERS
AND
GENERAL CONDITIONS OF TIIE CONTRACT
STANDARD FORM FOR CONSTRUCTION PROJECTS
STATE CONSTRUCTION OFFICE
NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION
This document is intended for use on state capital construction projects and shall not be used
on any project that is not reviewed and approved by the State Construction Office.
Twenty-Second Edition -May 1995
INSTRUCTIONS TO BIDDERS
For a proposal to be considered it must be in accordance with the following instructions:
1. PROPOSALS
Proposals must be made in strict accordance with the Form of Proposal provided
therefor, and all blank spaces for bids, alternates and unit prices shall be properly filled
in. When requested alternates are not bid, the proposal may be considered incomplete.
The bidder agrees that bid on Form of Proposal detached from specifications will be
considered and will have the same force and effect as if attached thereto. Photocopied
or faxed proposals will not be considered. Numbers shall be stated both in writing and
in figures for the base bids and alternates.
Any modifications to the Form of Proposal (including alternates and/or unit prices) will
disqualify the bid and may cause the bid to be rejected.
The contractor shall fill in the Form of Proposal as follows:
a. If the documents are executed by a sole owner, that fact shall be evidenced by the
word "Owner" appearing after the name of the person executing them.
b. If the documents are executed by a partnership, that fact shall be evidenced by the
word "Co-Partner" appearing after the name of the partner executing them.
c. If the documents are executed on the part of a corporation, they shall be executed
by either the president or the vice president and attested by the secretary or
assistant secretary in either case, and the title of the office of such persons shall
appear after their signatures. The seal of the corporation shall be impressed on
each signature page of the documents.
d. If the proposal is made by a joint venture, it shall be executed by each member of
the jomt venture in the above form for sole owner, partnership or corporation,
whichever form is applicable.
e. All signatures shall be properly witnessed.
f. If the contractor's license is held by a person other than an owner, partner or
officer of a firm, then the licensee shall also si~ and be a party to the proposal.
The title "Licensee" shall appear under his/her signature ..
Proposals shall be addressed as indicated in the Advertisement for Bids and shall be
delivered enclosed in an opaque sealed envelope, marked "Proposal" and bearing the
title of the work, name of the bidder, and the bidder's license number, if required.
Bidders shall clearly mark on the outside of the bid envelope which contract(s) they are
bidding.
For projects bid in the single-prime alternative, the names and license numbers of
major subcontractors shall be listed on the proposal form.
It shall be the specific responsibility of the bidder to deliver his bid to the proper official
at the appointed place and prior to the announced time for the opening of bids. Later
delivery of a bid for any reason, including delivery by the United States Postal Service,
shall disqualify the bid.
Page 3
4. BID SECURI1Y
Each proposal shall be· accompanied by a cash deposit or a certified check drawn on
some bank or trust company insured by the Federal Deposit Insurance Corporation, or
a bid bond in an amount equal to not less than five percent (5%) of the proposal, said
deposit to be retained by the owner as liquidated damages in event of failure of the
successful bidder to execute the contract within ten (10) days after the award or to give
satisfactory surety as required by law (G.S. 143-129).
Bid bond shall be conditioned that the surety will, upon demand, forthwith make
payment to the obliiee upon said bond if the bidder fails to execute the contract. The
owner may retain bid securities of any bidder(s) who may have a reasonable chance of
award of contract for the full duration of time stated in the Notice to Bidders. Other
bid securities may be released sooner, at the discretion of the owner. All bid securities
( cash or certified checks) shall be returned to the bidders promptly after award of
contracts, and no later then seven (7) days after expiration of the holding period stated
in the Notice to Bidders. Standard Form of Bid Bond is included in these specifications
(Section 304 ).
5. RECEIPT OF BIDS
Bids shall be received in strict accordance with requirements of the General Statutes of
North Carolina. Bid security shall be required as prescribed by statute. Prior to
opening of any bids on the project, the bidder will be permitted to change or withdraw
his bid. Guidelines for opening of public construction bids are available from the State
Construction Office.
6. OPENING OF BIDS
Upon opening, all bids shall be read aloud. Once any bid is opened, there shall not be
any withdrawal of bids by any bidder and no bids may be returned by the designer .to
any bidder. After the bid opening, a bidder may request that his bid be withdrawn from
consideration without forfeiture of his bid security m accordance with the provisions of
the North Carolina General Statute 143-129.1. After the opening of bids, no bid may
be withdrawn, except under the provisions of General Statute 143-129.1, for a period of
thirty days unless otherwise specified. Should the successful bidder default and fail to
execute a contract, the contract may be awarded to the next lowest and responsible
bi~de!. The o:Vller reserves the unqua.1¥i~d right to reject ~y and all bids. Reasons for
reJect1on may mclude, but shall not be lim1ted to, the followmg:
a. If the Form of Proposal furnished to the bidder is not used or is altered.
b. If the bidder fails to insert a price for all bid items, alternate and unit prices
requested. . :
• c. If the bidder adds any provisions reserving the right to accept or reject any award.
d. If there are unauthorized additions or conditional bids, or irregularities of any kind
which tend to make the proposal incomplete, indefinite or ambiguous as to its
meaning.
e. If the bidder fails to complete the proposal form where information is requested so
the bid may be properly evaluated by the owner. ·
Page 5
10. PAYMENTS
Payments to the successful bidders (contractors) will be made on the basis of monthly
estimates. See Article 31, General Conditions.
Page 7
GENERALCONDmONSOFTHECONTRACT
The use or reproduction of this document or any part thereof is authorized for and limited to
use on projects of the State of North Carolina, and is distributed by, through and at the
discretion of the State Construction Office, Raleigh, North Carolina, for that distinct and sole
purpose.
ARTICLE
TABLB OP CONTBN'l'S
TITLE PAGE
1 Definitions .......................................................................................................................... 11
2 Intent and Ex,ecution of Docu.ments .............................................................................. 12
3 Clarifications and Detail Drawings ................................................................................ 13
4 Copies of Drawings and Specifications .......................................................................... 13
5 Shop Drawings, Submittals, Samples, Data .................................................................. 13
6 Working Drawings and Specifications at the Job Site ................................................ 14
7 Ownership of Drawings and Specifications .................................................................. 14
8 Materials, Equipment, Employees ................................................................................. 14
9 Royalties, Licenses and Patent .................................................................................•..... 15
10 Permits, Inspections, Fees, Regulations ........................................................................ 15
11 Protection of Work, Property and the Public ................................................................ 16
12 Sedimentation Pollution Control Act of 1973 .............................................................. 17
13 Inspection of the Work ..................................................................................................... 17
14 Construction Supervi.sion ................................................................................................. 18
15 Separate Contracts and Contractor Relationships ....................................................... 20
16 Subcontracts and Subcontractors .................................................................................... ·20
17 Contractor and Subcontractor Relationships ............................................................... 21
18 Designer's Status ................................................................................................................ 22
19 Changes in the Work ......................................................................................................... 23
20 Claims for Extra Cost ........................................................................................................ 24
21 Minor Changes in the Work ............................................................................................ 26
22 Uncorrected Faulty Work ............. ~ .................................................................................. 26
23 Time of Completio~ Delays, Extension of Time ......................................................... 26
24 Partial Utilization: Beneficial Occupancy .................................................................... 27
25 Final Inspection and Acceptance .. · .................................................................................. 28
26 Correction of Work Before Final Payment ................................................................... 28
27 Correction of Work After Final Payment ...................................................................... 29
28 Owner's Right to Do Work .............................................................................................. 29
29 Annulment of Contract ..................................................................................................... 29
30 Contractor's Right to Stop Work or Terminate the Contract. .................................... 30
31 Requests for Payments .................................................................................. ~·················· 30
32 Certificates of Payment and Final Payment .................................................................. 31
33 Payments Withheld ........................................................................................................... 32
34 Insurance Minimum Requirements ................................................................................ 32
· 35 Performance Bond and Payment Bond .......................................................................... 34
36 Contractor's Affidavit .................. ; .................................................................................... 34
37 Assignments ........................................................................................................................ 34
38 Use of Premises ................................................................................................................. 34
39 Cutting, Patching and Digging ......................................................................................... 34
40 Utilities, Structures, Signs ................•............................................................................... 35
41 Cleaning Up ....................................................................................................................... 36
42 Guarantee ........................................................................................................................... 36
43 Codes and Standards ......................................................................................................... 37
Page 9
ARTICLE 1 -DEFINITIONS
a. The contract documents consist of the Notice to Bidders; Instructions to Bidders;
General Conditions of the Contract; special conditions if applicable;
Supplementary General Conditions; the drawing and specifications, including all
bulletins, addenda or other modifications of the drawings and specifications
incorporated into the documents prior to their execution; the proposal; the
contract; the performance bond; the payment bond; insurance certificates; the
approval of the attorney general; and the certificate of the Office of State Budget
and Management. All of these items together form the contract.
b. The owner is the State of North Carolina through the agency named in the contract.
c. The designer(s) are those referred to within this contract, or their authorized
representatives. The desi@er(s), as referred to herein, shall mean architect
and/or engineer. They will be referred to hereinafter as if each were of the
singular number, masculine gender.
d. The contractor, as referred to hereinafter, shall be deemed to be either of the
several contracting parties called the "Party of the First Part" in either of the several
contracts in connection with the total project. Where, in special instances
hereinafter, a particular contractor is intended, an adjective precedes the word
"contractor," as "general," "beating," etc.
e. A subcontractor, as the term is used herein, shall be understood to be one who has
entered into a direct contract with a contractor, and includes one who furnishes
materials worked to a special design in accordance with plans and specifications
covered by the contract, but does not include one who only sells or furnishes
materials not requiring work so described or detailed.
f. Written notice shall be defined as notice in writing delivered in person to the
contractor, or to a partner of the firm in the case of a partnership, or to a member
of the contracting organization, or to an officer of the organization in the case of a
corporation, or sent to the last known business address of the contracting
organization by registered mail. . ·
g. Work, as used herein as a noun, is intended to include materials, labor and
workmanship of the appropriate contractor.
h. The project is the total construction work to be performed under the contract
documents by the several contractors.
1. Project expediter, as used herein, shall be that contractor so designated in the
contract documents. The project expediter shall have the following responsibilities:
j.
1. Schedule the work of all contractors.
2. Maintain a project progress schedule for all contractors.
3. Give adequate notice to all contractors to ensure efficient continuity of all
phases of the work. · ·
4. Notify the designer of any changes in the project schedule.
Change order, as used herein, shall mean a written order to the contractor
subsequent to the signing of the contract authorizing a change in the contract. The
Page 11
7. The bonds shall be executed by an attorney-in-fact. There shall be attached to
each copy_ of the bond a certified_ copy of power of attorney properly executed
and dated.
8. Each copy of the bonds shall be countersigned by an authorized individual
agent of the bonding company licensed to do business in North Carolina. The
title "Licensed Resident Agent" shall appear after the signature.
9. The seal of the bonding company shall be impressed on each signature page of
the bonds.
10. The contractor,s signature on the performance bond and the payment bond
shall correspond with that on the contract.
ARTICLE 3 -CLARIFICATIONS AND DETAIL DRAWINGS
a. In such cases where the nature of the work requires clarification by the designer,
such clarification shall be furnished by the designer with reasonable promptness by
means of written instructions or detail drawings, or both. Clarifications and
drawings shall be consistent with the intent of contract documents, and shall
become a part thereof.
b. The contractor(s) and the designer shall _erepare, if deemed necessary, a schedule
fixing dates upon which foreseeable clanfications will be required. The schedule
will be subject to addition or change in accordance with progress of the work. The
designer shall furnish drawings or clarifications in accordance with that schedule.
The contractor shall not proceed with the work without such detail drawings and/or
written clarifications. · ·
ARTICLE 4 -COPIES OF DRAWINGS AND SPECIFICATIONS
The designer shall furnish free of charge to the contractors copies of plans and
specifications as follows:
a. General contractor -Up to twelve (12) sets of general contractor drawings and
specifications, up to six ( 6) sets to include drawings and specifications of all other
contracts.
b. Each other contractor -Up to six (6) sets of the appropriate drawings and
specifications, up to three (3) sets to include drawings and specifications of all other
contracts.
c. · Additional sets shall be furnished at cost, including mailin$, to the contractor upon
request by the contractor. This cost shall be stated in the bidding documents. ·
d. For the purposes of a single-prime contract, the contractor shall receive up to 30
sets of drawmgs and specifications.
ARTICLE 5 -SHOP DRAWINGS, SUBMITTALS, SAMPLES, DATA
a. The contractor shall submit to the designer all shop or setting drawings, descriptive
. data, samples, color charts, etc., required for the work. All shop drawings shall be
reviewed by the contractor and shall bear the contractor,s stamp of approval before
being forwarded to the designer. Shop drawings shall be submitted in triplicate in
time to avoid delay of the work or any part thereof. The designer shall review the
Page 13
manufacturer combination listed. However, the contractor shall be aware that the
cited examples are used only to denote the quality standard of product desired and
that they do not restrict bidders to a specific brand, make, manufacturer or specific
name; that they are used only to set forth and convey to bidders the general style,
type, character and quality of product desired; and that equivalent products will be
acceptable. Substitution of materials, items or equipment of equal or equivalent
design shall be submitted to the architect or engineer for approval or disapproval;
such approval or disapproval shall be made by the architect or engineer prior to the
opening of bids. ·
e. Each contractor shall obtain written approval from the designer for the use of
substitute products, materials or equipment claimed as equal to those SP.ecified.
Such approvals must be obtained as soon after contract awards as possible and
before any materials are ordered. Applications for approvals shall be made by the
contractor and not by subcontractors or material suppliers. The contractor shall
submit within twenty (20) days following award of contract a complete list of
materials proposed for the job. When this list is approved, no further substitutions
will be permitted except in unusual or extenuatmg circumstances. If no list is
submitted, the contractor shall supply materials specified.
f. The designer is the judge of equality for proposed substitution of products,
materials or equipment.
g. If at any time during the construction and completion of the work covered by these
contract documents, the conduct of any workman of the various crafts be adjudged
a nuisance to the owner or designer, or if any workman be considered detrimental
to the work, the contractor shall order such parties removed immediately from
grounds. ·
ARTICLE 9 -ROYALTIES, LICENSES AND PATENTS
It is the intention of the contract documents that the work covered herein will not
constitute in any way infringement of any patent whatsoever unless the fact of such
patent is clearly evidenced herein. The contractor shall protect and save harmless the
owner against suit on account of alleged or actual infringement. The contractor shall
pay all royalties and/or license fees required on account of patented articles or
processes, whether the patent rights are evidenced hereinafter. ·
ARTICLE 10 -PERMITS, INSPECTIONS, FEES, REGULATIONS
a. The contractor shall give all notices and comply with all laws, ordinances, codes
rules and regulations bearing on the conduct of the work under this contract. If th~
contractor observes that the drawings and specifications are at variance therewith
he shall promptly notify the designer in writing. See Instructions to Bidders'
Paragraph 3, Bulletins and Addenda. Any necessary changes required afte;
contract award shall be made by change order in accordance with Article 19. If the
contractor performs any work knowing it to be contrary to such laws, ordinances
codes, rules and regulations, and without such notice to the designer, he shall bea: .
all cost arising therefrom. Additional requirements implemented after bidding will
be subject to equitable negotiations.
b. All work under this contract shall conform to the North Carolina State Building
Code and other state, local and national codes as are applicable. The cost of all
required inspections and permits shall be the responsibility of the contractor.
Page 15
name of the safety inspector shall be made known to the designer at the time the
work is started.
h. In the event of emergency affecting the safety of life, the protection of work, or the
safety of adjoining properties, the contractor is hereby authorized to act at his own
discretion, without further authorization from anyone, to prevent such threatened
injury or damage. Any compensation claimed by the contractor on account of such
action shall be determined as provided for under Article 19(c).
ARTICLE 12 • SEDIMENTATION POLLUTION CONTROL ACT OF 1973
a. Any land-disturbing activity performed by the contractor(s) in connection with the
project shall comply with all erosion control measures set forth in the contract
documents and any additional measures which may be required in order to ensure
that the project is m full compliance with the Sedimentation Pollution Control Act
of 1973, as implemented by Title 15, North Carolina Administrative Code, Chapter
4, Sedimentation Control, Subchapters 4A, 4B and 4C, as amended (15 N.C.A.C.
4A, 4B and 4C).
b. Upon receipt of notice that a land-disturbing activity is in violation of said act, the
contractor(s) shall be responsible for ensuring that all steps or actions necessary to
bring the project in compliance with said act are promptly taken.
c. The contractor(s) shall be responsible for defending any legal actions instituted
pursuant to N.C.G.S. 113A-64 against any party or persons described in this article.
d. To the fullest extent permitted by law, the contractor(s) shall indemnify and hold
harmless the owner, the designer and the agents,·consultants and employees of the
owner and designer, from and against all claims, damages, civil penalties, losses and
expenses, including, but not limited to, attorneys' fees, arising out of or resulting
from the performance of work or failure of performance of work, provided that any
such claim, damage, civil penalty, loss or expense is attributable to a violation of the
Sedimentation Pollution Control Act. Such obligation shall not be construed to
ne~ate, abridge or otherwise reduced any other right or obligation of indemnity
which would otherwise exist as to any party or persons described in this article. .
ARTICLE 13 • INSPECTION OF THE WORK
a. It is a condition of this contract that the work shall be subject to inspection during
normal working hours by the designer, designated official representatives of the
owner, and those persons required by state law to test .special work for official
approval. The contractor shall therefore provide safe access to the work at all
times for such inspections.
b. All instructions to the contractor will be made only by or through the designer or
his designated project representative. Observations made by official
representatives of the owner shall be conveyed to the designer for review and
coordination prior to issuance to the contractor.
c. Where special inspection or testing is required by virtue of any state laws,
instructions of the · designer, specifications or codes, the contractor shall give
adequate notice to the designer of the time set for such inspection or test, if the
inspection or test will be conducted by a party other than the designer. Such special
tests or inspe~tions will be made in the presence of the designer, or his authorized
Page 17
have authority to act on behalf of the contractor. These meetings shall be open to
subcontractors, material suppliers and any others who can contribute toward
maintaining required job progress. It shall be the principal purpose of these
meetings, or conferences, to effect coordination, cooperation and assistance in
every practical way toward the end of maintaining progress of the project on
schedule and to complete the project within the specified contract time. Each
contractor shall be prepared to assess pro~ess _ of the work as required in his
particular contract and to recommend remedial measures for correction of progress
as may be appropriate. The designer or his authorized representative shall be the
coordinator of the conferences and shall preside as chairman.
e. The contractor(s) shall, if required by the Supplementary General Conditions,
employ a registered engineer or registered land surveyor to lay out the work and to
establish a bench mark nearby in a location where same will not be disturbed and
where direct instruments sights may be taken.
f. The designer shall designate a project expediter on projects involving two or more
prime contracts. The project expediter shall be designated in the Supplementary
General Conditions.
g. It shall be the responsibility of the project expediter to cooperate with and obtain
from the several contractors on the job their respective schedules and to integrate
them into a project progress schedule that will show graphically, by a detailed bar
chart, CPM or other acceptable and approved methods, the projected progress of
the job from start to finish and within the allotted time frame. All contractors shall
review the proposed progress schedule and approve same in writing to the designer
and the project expediter.
h. The progress schedule shall be presented to the designer no later than thirty (30)
days after written notice to proceed. No application for payment will be processed
until this schedule is received.
1. The schedule will be distributed to all contractors and displayed at the job site.
J. -The several contractors shall be responsible for their schedule and must notify the
project expediter of any changes or adjustments to their schedule. The project
expediter shall maintam the progress schedule, making monthly adjustments,
updates, corrections, etc., that are necessary, keeping all contractors and the
designer fully informed. Failure to provide an UJ?dated schedule may be grounds
for withholding reduction of retainage as set forth m Article 31.
k. The project expediter shall notify each contractor of such events or time frames
that are critical to the progress of the job. Such notice shall be timely and
reasonable. Should the progress be delayed due to the work of any of the several
contractors, it shall be the duty of the project expediter to immediately notify the
contractor(s) responsible for such delay, the designer, the State Construction Office
and other prime contractors. The designer shall notify the bonding company that
the progress is not being maintained and shall make a recommendation to the
owner regarding ·further action.
I. Designation as project expediter entails an additional project control responsibility
and does not alter m any way the responsibility of the contractor so designated, nor
the responsibility of the other contractors involved in the project.
Page 19
regard to the-wntract, and that the subcontractor acts on this work as an agent or
employee of the contractor.
d. The owner reserves the right to limit the amount of portions of work to be
subcontracted as hereinafter specified.
ARTICLE 17 -CONTRACTOR AND SUBCONTRACTOR RELATIONSHIPS
The contractor agrees that the terms of these contract documents shall apply equally to
each subcontractor as to the contractor, and the contractor agrees to take such action as
may be necessary to bind each subcontractor to these terms. The contractor further
agrees to conform to the Code of Ethical Conduct as adopted by the Associated
General Contractors of America, Inc., with respect to contractor-subcontractor
relationships, and that payments to subcontractors shall be made in accordance with the
provisions of G.S. 143-134.1 titled Interest on final payments due to prime contractors:
payments to subcontractors.
a. On all public construction contracts which are let by a board or governing body of
the state government or any political subdivision thereof, except contracts let by the
Department of Transportation pursuant to G.S. 136-28.1, the balance due prime
contractors shall be paid in full within 45 days after respective prime contracts of
the project have been accepted by the owner, certified by the architect, engineer or
designer to be completed m accordance with terms of the plans and specifications,
or occupied by the owner and used for the purpose for which the project was
constructed, whichever occurs first. Provided, however, that whenever the architect
or consulting engineer in charie of the project determines that delay in completion
of the project in accordance with terms of the plans .and specifications is the fault of
the contractor, the project may be occupied and used for the purposes for which it
was constructed without payment of any interest on amounts withheld past the 45-
day limit. No payment shall be delayed because of the failure of another prime
contractor on such project to complete bis contract. Should final payment to any
prime contractor beyond the date such _contracts have been certified to be
completed by the designer or architect, accepted by the owner, or occupied by the
owner and used for the purposes for which the project was constructed, be delayed
by more than 45 days, said prime contractor shall be paid interest, beginning on the
46th day, at the rate of one percent (1 % ) per month or fraction thereof unless a ,
lower rate is agreed upon on such unpaid balance as may be due. In addition to the
above final payment provisions, penodic payments due a prime contractor during
construction shall be paid in accordance with the payment provisions of the
contract documents or said prime contractor shall be paid interest on any such
unpaid amount at the rate stipulated above for delayed final payments. Such
interest shall be~n on the date the payment is due and continue until the date · on
. which payment 1s made. Such due date may be established by the terms of the
contract. Funds for payment of such interest on state-owned projects shall be
obtained from the current budget of the owning department, institution or agency.
Where a conditional acceptance of a contract exists, and where the owner 1s
retaining a reasonable sum pending correction of such conditions, interest on such
reasonable sum shall not apply.
b. Within seven days of receipt by the frime contractor of each periodic or final
payment, the prime contractor shal pay the subcontractor based on work
completed or service provided under the subcontract. Should any periodic or final
payment to the subcontractor be delayed by more than seven days after receift of
periodic or final payment by the prime contractor, the prime contractor shal pay
Page 21
ARTICLE 19 -CHANGES IN THE WORK
a. The owner may have changes made in the work covered by the contract. These
changes will not invalidate and will not relieve or release the contractor from any
guarantee given by him pertinent to the contract provisions. These changes will not
affect the validity of the guarantee bond and will not relieve the surety or sureties
of said bond. All extra work shall be executed under conditions of the original
contract.
b. Except in an emergency endangering life or property, NO CHANGE SHALL BE
MADE BY THE CONTRACTOR EXCEPT UPON WRI1TEN ORDER FROM
THE DESIGNER, COUNTERSIGNED BY THE OWNER AND THE STATE
CONSTRUCTION OFFICE AUTHORIZING SUCH CHANGE. AND NO CLAIM
FOR ADJUSTMENTS OF THE CONTRACT PRICE SHALL BEV ALID UNLESS
THIS PROCEDURE IS FOLLOWED.
c. In determining the values of changes, either additive or deductive, contractors are
restricted to the use of the following methods:
1. Where the extra work involved is covered by unit prices quoted in the proposal,
the value of the change shall be computed by application of unit prices based
on quantities, estimated or actual as agreed of the items involved.
2. The contracting parties shall negotiate and agree upon the equitable value of
the change prior to issuance of the change order, and the change order shall
stipulate the corresponding lump sum adjustment to the contract price.
d. In the event of emergency endangering life or property, the contractor may be
directed to proceed on a time and material basis whereu_pon the contractor shall
proceed and keep accurately on such form as may be required, a correct account of
costs to~ether with all proper invoices, P.ayrolls and · supporting data. Upon
complet10n of the work the change order will be prepared as outlined under either
Method "c(l)" or Method "c(2)" or both.
e. Under Methods "c(2)" and Paragraph "d" above, the allowances for overhead and
profit combined shall not exceed twenty percent (20%) of net cost except where the
change involves a subcontractor, allowance shall not exceed fifteen percent (15%)
for the subcontractor, and ten percent (10%) for the prime contractor. Under
Method "c(l)", no additional allowances shall be made for overhead and profit. In
the case of deductible change orders, under Method "c(2)" and Paragraph "d"
above, the contractor shall include no less than ten percent (10%) profit, but no
allowances for overhead. . ·
f. The term "net cost" as used herein shall mean the difference between all proper
cost additions and deductions. The "cost" as used herein may include all items of
material and labor, rental value of power tools and equipment, bond adjustments
and sales tax. The allowance for labor burden which includes such items of cost as
• workmen's compensation insurance, unemployment insurance, special insurance
Social Security and old age benefit, and fringe benefits shall be actual costs not t~
exceed thirty-five percent (35%) of total labor cost. Overtime and extra pay for
holidays and weekends may be a cost item only to the extent approved by the
owner.
g. The following items shall be considered as overhead: insurance other than
mentioned above, supervision, superintendents, timekeepers, clerks, expediters,
Page 23
b. THE CONTRACTOR SHALL NOT ACT ON INSTRUCTIONS RECEIVED BY
HIM FROM PERSONS 01HER THAN 1HE DESIGNER, AND ANY CLAIMS
FOR EXTRA COMPENSATION OR EXTENSION OF TIME ON ACCOUNT OF
SUCH INSTRUCTION WILL NOT BE HONORED. The designer will not be
responsible for misunderstandings claimed by the contractor of verbal instructions
which have not been confirmed in writing, and in no case shall instructions be
interpreted as permit~ a departure from the contract documents unless such
instruction is confirmed m writmg and supported by a properly authorized change
order.
c. Should a claim for extra compensation by the contractor be denied by the designer
or owner, and cannot be resolved by a representative of the State Construction
Office, the contractor may pursue his claim in accordance with the provisions of
G.S. 143-135.3 and the following:
1. A contractor who has not completed a contract with a board for construction or
repair work and who has not received the amount he claims is due under the
contract may submit a verified written claim to the director of the State
Construction Office of the Department of Administration for the amount the
contractor claims is due. The director may deny, allow or compromise the
claim, in whole or in part. A claim under this subsection is not a contested case
under Chapter 150B of the General Statutes.-·
2. (a) A contractor who has completed a contract with a board for construction
or repair work and who has not received the amount he claims is due
under the contract may submit a verified written claim to the director of
the State Construction Office of the Department of Administration for the
amount the contractor claims is due. The claim shall be submitted within
sixty (60) days after the contractor receives a final statement of the board's
disposition of his claim and shall state the factual basis for the claim.
(b) The director shall investigate a submitted claim within ninety (90) days of
receiving the claim, or within any longer time period upon which the
_ director and the contractor agree. The contractor may appear before the
director, either in person or through counsel, to present facts and
arguments in support of his claim. The director may allow, deny or
compromise the claim, in whole or in part. The director shall give the
contractor a written statement of the director's decision on the contractor's
claim.
(c) A contractor who is dissatisfied with the director's decision on a claim
submitted under this subsection may commence a contested case on the
claim under Chapter 150B of the General Statutes. The contested case
shall be commenced within sixty (60) days of receiving the director's
written statement of the decision.
(d) As to any portion of a claim that is denied by the director, the contractor
may, in lieu of the procedures set forth in the preceding subsection of this
section, within six ( 6) months of receipt of the director's final decision,
institute a civil action for the sum he claims to be entitled to under the
contract by filing a verified complaint and the issuance of a summons in the
Superior Court of Wake County or in the superior court of any county
where the work under the contract was performed. The procedure shall be
the same as in all civil actions except that all issues shall be tried by the
judge, without a jury.
Page 25
Time extensions will not be granted for rain, wind, snow or other natural
phenomena of normal intensity for the locality where work is performed. For
purpose of determining extent of delay attributable to unusual weather phenomena,
a determination shall be made by com~~g the weather for the contract period
involved with the average of the prece · 1g five (5) year climatic range during the
same time interval based on the National Oceanic and Atmospheric Administration
National Weather Service statistics for the locality where work is performed and on
daily weather logs kept on the job site by the contractor reflecting the effect of the
weather on progress of the work and initialed by the designer's representative.
Time extens10ns for weather delays do not entitle the contractor to "extended
overhead" recovery.
e. Request for extension of time shall be made in writing within twenty (20) days
following cause of delay. In case of continuing cause for delay, only one claim is
necessary.
f. The contractor shall notify his surety in writing of extension of time granted.
g. No claim shall be allowed on account of failure of the designer to furnish drawings
or instructions until two (2) weeks after demand for such drawings and/ or
instructions. See Article 3.
ARTICLE 24 · PARTIAL UTILIZATION: BENEFICIAL OCCUPANCY
a. The owner may desire to occupy all or a portion of the project when the work is
substantially complete. · .
b. Prior to the final payment, the owner, with the approval of the State Construction
Office, may request the contractor(s) in writing, through the designer if applicable,
to permit him to use a specified part of the project which he believes he may use
without significant interference with construction of the other parts of the project.
li the contractor(s) agree, the designer will schedule a beneficial occupancy
inspection, with the approval of the State Construction Office, after which the
designer may issue a certificate of substantial completion. The certificate shall
include the following documentation: . . . .
1. Date of substantial completion.
2. A tentative list of items to be completed or corrected before final payment.
3. Establishing responsibility between contractor and owner for maintenance,
heat, utilities and insurance.
4. Establishing the date for guarantees and warranties under terms of the
contract.
5. Consent of surety.
6. Endorsement from insurance company permitting occupancy.
c. The owner shall have the right to exclude the contractor from any part of the
project which the designer has so certified to be substantially complete, but the
owner will allow the contractor reasonable access to complete or correct work to
bring it into compliance with the contract.
Page 27
c. Should the contractor fail to proceed with the required corrections, then the owner
may complete the work in accordance with the provisions of Article 28.
ARTICLE 27 -CORRECTION OF WORK AFTER FINAL PAYMENT
See Article 35, Performance Bond and Payment Bond, and Article 42, Guarantee.
Neither the final certificate, final payment, occupancy of the premises by the owner, nor
any provision of the contract, nor any other act or instrument of the owner, nor the
designer, shall relieve the contractor from responsibility for negligence, or faulty
material or workmanship, or failure to comply with the drawings and specifications. He
shall correct or make good any defects due thereto and repair any damage resulting
therefrom which may appear during the guarantee period following final acceptance of
the work except as stated otherwise under Article 42, Guarantee. The owner will report
any defects as they may appear to the contractor and establish a time limit for
completion of corrections by the contractor. The owner will be the judge as to the
responsibility for correction of defects.
ARTICLE 28 -OWNER'S RIGHT TO DO WORK
If, during the progress of the work or during the period of ~arantee, the contractor
fails to prosecute the work properly or to perform any provision of the contract, the
owner, after fifteen (15) days' written notice sent by certified mail, return receipt
requested, to the contractor from the designer, may perform or have performed that
portion of the work. The cost of the work may be deducted from any amounts due or to
become due to the contractor, such action and cost of same having been first approved
by the designer. Should the cost of such action of the owner exceed the amount due or
to become due the contractor, then the contractor or bis suretv, or both, shall be liable
for and shall pay to the owner the amount of said excess. ·
ARTICLE 29 -ANNULMENT OF CONTRACT
If the contractor fails to begin the work under the contract within the time specified, or
the progress of the work is not maintained on schedule, or the work is not completed
within the time above specified, or fails to perform the work with sufficient workmen
and equipment or with sufficient materials to ensure the prompt completion of said
work, or shall perform the work unsuitably or shall discontmue the prosecution of the
work, or if the contractor shall become insolvent or be declared bankrupt or commit
any act of bankruptcy or insolvency, or allow any final judgment to stand against him
unsatisfied for a penod of forty-eight (48) hours, or shall make an assignment for the
benefit of creditors, or for any other cause whatsoever shall not carry on the work in an
acceptable manner, the owner may give notice in writing, sent by certified mail, return
rece1{_)t_ requested, to the contractor and bis surety of such delay, neglect or default,
specifying the same, and if the contractor within a period of fifteen (15} days after such
notice shall not proceed in accordance therewith, then the owner shall, declare this
contract in default, and, thereupon, the surety shall promptly take over the work and
complete the performance of this contract in the manner and within the time frame
specified. In the event the surety shall fail to take over the work to be done under this
contract within fifteen (15) day~ after being so notified and notify the owner in writing,
sent by certified mail, return receipt requested, that he is taking the same over and
stating that he will diligently pursue and complete the same, the owner shall have full
power and authority, without violating the contract, to take the prosecution of the work
out of the hands of said contractor, to appropriate or use any or all contract materials
and equipment on the grounds as may be suitable and acceptable and may enter into an
Page 29
c. Prior to submitting the first request, the contractor shall prepare for the designer a
schedule showing a breakdown of the contract price into values of the various parts
of the work, so arranged as to facilitate payments to subcontractors in accordance
with Article 17, Contractor and Subcontractor Relationships.
d. When payment is made on account of stored materials and equipment, such
materials must be stored on the owner's property, and the requests for payments
shall be accompanied by invoices or bills of sale or other evidence to establish the
owner's title to such materials and equipment. Responsibility for such stored
materials and equipment shall remain with the contractor regardless of ownershiE
title. Such stored materials and equipment shall not be removed from the owner s
property. Should the space for storage on-site be limited, the contractor, at his
option, shall be permitted to store such materials and/or equipment in a suitable
space off-site. Should the contractor desire to include· any such materials or
equipment in his application for payment, they must be stored in the name of the
owner in a commercial warehouse approved b,Y the designer and the State
Construction Office and located as close to the site as possible. The warehouse
selected must be approved by the contractor's bonding and insurance companies;
the material to be paid for shall be assigned to the owner and shall be inspected by
the desi~er. Upon approval by the designer of the storage facilities and materials
and equipment, payment therefore will be certified. Responsibility for such stored
matenals and equipment shall remain with the contractor. Such stored materials
and equipment shall not be moved except for transportation to the project site.
Under certain conditions, the desi~er may approve storage of materials at the
point of manufacture, which conditions shall be approved by the designer, the
owner and the State Construction Office prior to approval for the storage and shall
include an agreement by the storing party which unconditionally gives the State
absolute right to possession of the materials at an).'?llle, Bond, security and
insurance protection shall continue to be the responsibility of the contractor(s).
e. In the event of beneficial occupancy, retainage of funds due the contractor(s) may
be reduced with the approval of the State Construction Office to an equitable
amount to cover the list of items to be completed or corrected. Retainage may not
be reduced to less than two and one-half (2 1/2) times the estimated value of the
work to be completed or corrected. Reduction of retainage must b.e with the
consent and approval of the contractor's bonding company.
ARTICLE 32 -CERTIFICATES OF PAYMENT AND FINAL PAYMENT
a. Within five (5) days from receipt of request for payment from the contractor, the
desi~er shall issue and forward to the owner a certificate for payment. This
certificate shall indicate the amount requested or as approved by the designer. If
the certificate is not approved by the designer, he shall state in writing to the
contractor and the owner his reasons for withholding payment.
b. . No certificate issued or payment made shall constitute an acceptance of the work or
any part thereof. The making and acceptance of final payment shall constitute a
waiver of all claims by the owner except:
1. Claims arising from unsettled liens or claims against the contractor.
2. Faulty work or materials appearing after final payment.
3. Failure of the contractor to perform the work in accordance with drawings and
specifications, such failure appearing after payment.
Page 31
least thirty (30) days after mailing written notice, by certified mail, return receipt
requested, to ilieTosured and the owner of such alteration or cancellation.
a. Workmen's Compensation and Employer's Liability
The contractor shall provide and maintain, during the life of the contract,
workmen's compensation insurance, as required by law, as well as employer's
liability coverage with minimum limits of $100,000.
b. Public Liability and Property Damage
The contractor shall provide and maintain, during the life of the contract,
comprehensive general liability insurance, including coverage for premises
operations, independent contractors, completed operations, products and
contractual exposures, as shall 1,>rotect such contractors from claims arising out of
any bodily injury, including accidental death, as well as from claims for property
damages which may arise from operations under this contract, whether such
operations be by the contractor or by any subcontractor, or by anyone directly or
indirectly employed by either of, them and the minimum limits of such insurance
shall be as follows:
Bodily Injury•:
Property Damage•:
*$500,000:
$500,000 per occurrence
$100,000 per occurrence/ $300,000 aggregate
Combined single limit shall satisfy both conditions. ,
Such coverage for completed operations must be maintained for at least two (2)
years following final acceptance of the work performed under the contract.
c. Property Insurance
The contractor shall purchase and maintain property insurance during the life of
this contract, upon the entire work at the site to the full insurable value thereof.
This insurance shall include the interests of the owner, the contractor, the
subcontractors and subsubcontractors in the work and shall insure against the perils
of fire, extended coverage, and vandalism and malicious mischief. If the owner is
damaged by failure of the contractor to purchase or maintain such insurance, then
the contractor shall bear all reasonable costs properly attributable thereto; the ·
contractor shall effect and maintain similar property insurance on portions of the
work stored off the site when request for payment per articles so includes such
portions.
d. Deductible
Any deductible, if applicable to loss covered by insurance provided, is to be borne
by the contractor.
e. Other Insurance
The contractor shall obtain such additional insurance as may be required by the
owner or by the General Statutes of North Carolina including motor vehicle
insurance, in amounts not less than the statutory limits.
Page 33
b. Any cost brought about by defective or ill-timed work shall be borne by the party
responsible therefor.
c. No contractor shall endanger any work of another contractor by cutting, digging or
other means. No contractor shall cut or alter the work of any other contractor
without the consent of the designer and the affected contractor(s}.
ARTICLE 40 -UTILITIES, STRUCTURES, SIGNS
a. The project expediter shall provide necessary and adequate facilities and pay all
costs for water, electricity, gas, oil, sewer and other utility services which may be
necessary and required for completion of the project according to the contract
documents. Any permanent meters installed shall be listed in the project
expediter's name until his work is fully accepted by the owner.
b. Meters shall be relisted in the owner's name on the day following completion and
acceptance of the project expediter's work, and the owner shalf pay for services
used after that date.
c. The owner shall be reimbursed for all metered utility service charges paid by or
attributed to the owner after the meter is relisted in the owner's name and prior to
completion and acceptance of the work of all contractors. Reimbursement shall be
made by the contractor whose work has not been completed and accepted. If the
work of two or more contractors has not been completed and accepted,
reimbursement to the owner shall be paid by the contractors involved on the basis
of assessments by the designer.
d. All contractors shall have the permanent buildin~ systems in sufficient readiness for
furnishing temporary climatic control at the time a building is enclosed. The
HV AC systems shall maintain climatic control throu~out the enclosed portion of
the building sufficient to allow completion of the intenor finishes of the building. A
building shall be considered enclosed when it bas windows installed and when
doorways and other openings have protection which will provide reasonable
climatic control. The appropriate climatic condition shall be jointly determined by
the contractor(s) and the designer. Use of the equipment in this manner shall in no
way affect the warranty requirements of the contractor(s).
e. The electrical contractor shall have the building's permanent power wiring
distribution system in sufficient readiness to provide power as required by the
HV AC contractor for temporary climatic control
f. The electrical contractor shall have the building's permanent lighting system ready
at the time the general contractor begins interior painting and shall provide
adequate lighting in those areas where interior painting and finishing is being
performed.
g. Each prime contractor shall be responsible for his permanently fixed service
facilities and systems in use during progress of the work. The following procedures
shall be strictly adhered to:
1. Prior to acceptance of work by the owner, each contractor shall remove and
replace any parts of the permanent building systems damaged through use
during construction.
Page 35
replace such defective equipment or materials, without cost to the owner, within
the manufacturer's warranty period.
b. The contractor shall unconditionally guarantee materials and workmanship against
patent defects arising from faulty materials, faulty workmanship or negligence for a
period of twelve (12) months followin~;
0
~al acceptance of the work and shall
replace such defective materials or wor hip without cost to the owner.
c. Additionally, the contractor shall guarantee materials and workmanship against
latent defects arising from faulty materials, faulty workmanship or negligence which
is hidden or not readily apparent to the owner at the time of final acceptance and
which is discovered by the owner within six ( 6) years following final acceptance of
the work. The guarantee for latent defects related to the structural system shall be
ten (10) years. The contractor shall replace such defective materials or
workmanship without cost to the owner.
d. Roof guarantees are stipulated in the roofing specification.
ARTICLE 43 -CODES AND STANDARDS
Wherever reference is given to codes, standard specifications or other data published by
regulating agencies including, but not limited to,. national electrical codes, North
Carolina state building codes, federal specifications, ASTM specifications, various
institute specifications, etc., it shall be understood that such reference is to the latest
edition including addenda published prior to the date of the contract documents.
ARTICLE 44 -INDEMNIFICATION
To the fullest extent permitted by law, the contractor shall indemnify and hold harmless
the owner, the designer and the agents, consultants and employees of the owner and
designer, from and against all claims, damages, losses and expenses, including, but not
limited to, attorneys' fees, arising out of or resulting from the performance or failure of
performance of the work, provided that any such claim, damage, loss or expense (1) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property ( other than the work itself) including the loss of use resulting
therefrom, and (2) is caused in whole or in part by any ne2}i~ent act or omission of the
contractor, the contractor's subcontractor, or the agents of either the contractor or the
contractor's subcontractor. Such obligation shall not be construed to negate, abridge or
otherwise reduce any other right or oblisation of indemnity which would otherwise exist
as to any party or person described in this article.
ARTICLE 45 -TAXES
a. Federal excise taxes do not apply to materials entering into state work (Internal
Revenue Code, Section 3442(3) ).
· b. Federal transportation taxes do not apply to materials entering into state work
(Internal Revenue Code, Section 3475(bJ as amended).
c. North Carolina sales tax and use tax do apply to materials entering into state work
(N.C. Sales and Use Tax Regulation, No. 42, Paragraph "A"), and such costs shall
be included in the bid proposal and contract sum.
Page 37
ARTICLE 47 • EMPWYMENT OF THE HANDICAPPED
The contractors agree not to discriminate against any employee or applicant for
employment because of physical or mental handicap in regard to any position for which
the employee or applicant 1s qualified. The contractor agrees to take affirmative action
to employ, ·advance in employment and otherwise treat qualified handicapped
individuals withouJ discrimination based upon their physical or mental handicap m all
employment practices.
ARTICLE 48. ASBESTOS-CONTAINING MATERIALS (ACM)
The State of North Carolina has attempted to address all asbestos-containing materials
that are to be disturbed in the proJect. However, there may be other asbestos-
containing materials in the work areas that are not to be disturbed and do not create an
exposure hazard. Contractors are reminded of the requirements of instructions under
Instructions to Bidders and General Conditions of the Contract, titled Examination of
Conditions. Statute 130A, Article 19, amended August 3, 1989, established the
Asbestos Hazard Management Program that controls asbestos abatement in North
Carolina. The latest edition of Guideline Criteria/or Asbestos Abatement from the State
Construction Office is to be incorporated in al asbestos abatement projects for the
Capital Improvement Program. ·
ARTICLE 49. MINORI1Y BUSINESS PARTICIPATION
Statute 143, Article 8, amended June 28, 1989, established a goal of ten percent (10%)
minority business participation in state-owned projects. The document Guidelines for
Recruitment and Selection of Minority Businesses for Participation in State Construction
Contracts and its Appendices A thru D are hereby made a part of this contract and its
provisions are a requirement of this contract.
Page 39
SUPPLEMENTARY GENERAL CONDITIONS
REVISIONS TO THE GENERAL CONDITIONS:
Article 1 -Definitions
Revise Paragraph b: The owner is the State of North Carolina through the Department of Environment and
Natural Resources with whom design/builder has entered into the Agreement and for whom the design,
construction and process is to be provided.
Delete Paragraph c and substitute: The Engineer is a duly licensed individual or entity designated by
design/builder to perform or furnish specified Design Professional Services in connection with the design,
construction and process. The Owner's consultant (Earth Tech) is an individual or entity having a contract
with owner to furnish services as owner's consultant with respect to the Project and who is identified as such
in the Supplementary General Conditions
Add to Paragraph d: For the purposes of a design/build contract, the term contractor shall be deemed to be the
contracting entity identified as the "Party of the First Part" in the Construction Contract. Any references or
adjectives that name or infer multiple prime contractors shall be interpreted to mean the design/build
contractor. Where the word "contractor" appears in General Conditions substitute "design/builder".
Revise Paragraph g: Work, as used herein as a noun, is intended to include design, materials, labor, and
workmanship of the design/build contractor.
Revise Paragraph h: The project is the total design, construction, and process work to be performed under
the contract documents by the design/build contractor.
Add to Paragraph I: For the purposes of a design/build contract the design/build contractor shall be designated
the Project Expeditor.
Add Paragraphs n through r
n. The Program Documents are the drawings and specifications and/or other graphic or written materials,
criteria and information concerning owner's requirements for the Project, such as design objectives and
constraints, space, capacity and performance requirements, flexibility and expandability, including those items
enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the
Work to be performed or furnished and which have been prepared by or for owner.
o. Contaminant is any substance or material that is regulated by Laws or Regulations to protect the public
health or the environment due to its characteristics or as a result of its quantity or both. A contaminant may
include, but is not limited to the following: Asbestos, Hazardous Substances, Hazardous Wastes, PCB's,
Petroleum, or Radioactive Materials.
p. The DESIGN/BUil,DER is the individ~al or entity with whom owner has entered into the Agreement.
q. Design Professional Services are services related to the preparation of Drawings, Specifications, and other
design submittals specified by the Contract Documents and required to be performed by licensed design
November 2000 Suppl Gen Cond -1 Warren County PCB Remediation
professionals, as well as services provided by or for licensed design professionals during Bidding/Negotiating,
Construction, or Operational phases.
r. Remediation is the entire completed effort or the various separately identifiable parts thereof required be
performing or furnishing under Contract Documents. Remediation includes and is the result of performing or
furnishing Professional Services, Construction, and process required by the Contract Documents.
Article 3 -Clarifications and Detail Drawings Substitute "Engineer" for "designer" in this article.
Article 4 -Copies of Drawings and Specifications Delete Article 4.
Article 5 -Shop Drawings, Submittals, Samples, Data Substitute "owner's consultant" for "designer" in
this article.
Article 8 -Materials, Equipment, Employees Add to Paragraph d: All request for substitution shall be made
10 days prior to the date of the bid opening. Substitute "owner's consultant" for "designer" in this article.
Article 10 -Permits, Inspections, Fees, Regulations Substitute "owner's consultant" for "designer" in
paragraph a. Add paragraph e: If the Contract Documents or Laws and Regulations of any public body having
jurisdiction require any part of the Construction specifically to be inspected, tested or approved, design/builder
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all their
costs, and furnish owner the required certificates of inspection, testing or approval. Design/builder shall also
be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or
approvals required by the Contract Documents for owner's acceptance of materials or equipment to be
incorporated in the Construction or of materials, mix designs, or equipment submitted for approval prior to
design/builder's purchase of them for incorporation in the Construction.
Add paragraph f: Design/builder shall give owner reasonable notice of the planned schedule for all required
inspections, tests or approvals.
Article 11 -Protection of Work, Property and Public Add Paragraph i: If Design/builder discovers or
identifies conditions for which it reasonably believes that the Owner is legally required to provide notice to
a public agency, it shall so advise the owner within 24-hours of such discovery.
Article 13 -Inspection of the Work Substitute "owner's consultant" for "designer" in this article. Paragraph
d, delete and substitute: All laboratory tests shall be paid by the design/builder.
Article 14 -Construction Supervision Substitute "owner" for "designer" in paragraph a.
Delete paragraph b and substitute: The Design/builder shall provide constant and efficient supervision to the
work, and be responsible for any errors or discrepancies of any sort in the drawings or specifications.
Substitute "Owner's consultant" for "designer" in paragraph d.
Modify Paragraph e: The contractor(s) shall employ a registered engineer or registered land surveyor in the
State of North Carolina to lay out the work and to establish a bench mark nearby in a location where same will
not be disturbed and where direct instruments sights may be taken.
Delete paragraph f.
November 2000 Suppl Gen Cond -2 Warren County PCB Remediation
Substitute "owner's consultant" for 'designer" in paragraph h.
Add Paragraph m: Project Expediter or single prime contractor shall post a sign indicating that
Fire Arms are prohibited on the job site.
Article 15 -Separate Contract and Contractor Relationships Add to paragraph a: The State Building
Commission granted approval in special circumstances for an alternative methods and for use of design/build
contracts.
Article 16 -Subcontracts and Subcontractors Substitute "owner's consultant" for "designer" in this article.
Article 17 -Contractor and Subcontractor Relationships Subsitiute "owner's consultant" for "architect,
engineer or designer" in paragraph a.
Article 18 -Designer's Status Substitute "owner's consultant" for "designer" in this article.
Article 19 -Changes in The Work Substitute "owner's consultant" for "designer" in paragraphs band i.
Article 20 -Claims for Extra Cost Substitute "owner's consultant" for "designer" in this article.
Article 21 -Minor Changes in The Work Substitute "owner's consultant" for "designer" in this article.
Article 23: Time of Completion, Delays, Extension of Time Substitute "owner's consultant" for "designer"
in this article. Add to paragraph b: Time for completion shall be 270 consecutive calendar day after the date
specified in the written order from the owner's consultant. For each day in excess of the above number of days,
the contractor( s) shall pay the owner the sum of $1,500 per day as liquidated damages.
Article 24 -Partial Utilization Beneficial Occupancy Substitute "owner's consultant" for "designer" in this
article.
Article 25 -Final Inspection and Acceptance Substitute "owner's consultant" for "designer" in this article.
Article 26 -Correction of Work Before Final Payment Substitute "owner's consultant" for "designer" in
this article.
Article 27 -Correction of Work After Final Payment Substitute "owner's consultant" for "designer" in this
article.
Article 28 -Owner's Right to do Work Substitute "owner's consultant" for "designer" in this article.
Article 30 -Contractor's Right to Stop Work or Terminate The Contract Substitute "owner's consultant"
for "designer" in this article.
Article 31-Request For Payment Substitute "owner's consultant" for "designer" in this article.
Article 32 -Certificates of Payment and Final Payment Substitute "owner's consultant" for "designer" in
. this article.
November 2000 Suppl Gen Cond -3 Warren County PCB Remediation
Article 33 -Payments Withheld Substitute "owner's consultant" for "designer" in this article.
Article 34 -Minimum Insurance Requirements -Paragraph a: Change "minimum limits of $100,000" to
$500,000.
Paragraph b: Delete and Substitute: Design/builder shall secure and maintain commercial general liability
insurance with limits of $5,000,000 combined single limit, and automobile liability insurance with limits of
$1,000,000 , combined single limit. Design/builder will name State of North Carolina and owner's consultant
(Earth Tech) as additional insureds under these policies. Design/builder shall also maintain adequate
environmental liability impairment insurance, and errors and omissions insurance coverages ($5,000,000 per
claim and in the aggregate) through the duration of the contract.
If environmental impainnent and errors and omissions policies are written on a "claims made" basis,
design/builder shall also provide proof of renewal each year for two (2) years after completion of the project,
or in the alternative, evidence of extended reporting period coverage for a period of two years after completion.
The Design/builder warrants that the policy or policies of insurance which afford comprehensive general
liability shall contain a provision or endorsement stating that such insurance:
1. Applies the liability assumed by the design/builder under this contract, subject to all of the tenns and
conditions of such insurance.
2. Does not contain any exclusion as to loss or damage to property caused by explosion or resulting from
collapse of buildings or structures or damage to property underground, commonly referred to by
insurers as the "XCU" hazards.
3. Includes the State as additional insured only as regards it liability arising out of operations performed
for the State by the Design/builder under this contract. ·
4. Includes two (2) years completed operations coverage.
The above insurances where available shall be on an occurrence basis and shall include a requirement that the
insurer shall provide the Design/builder with thirty (30) days' written notice prior to the effective date of any
cancellation or materials change of the insurance. The design/builder agrees to provide any such notice of
cancellation or material change immediately to the State. The insurance specified herein shall contain waivers
of subrogation in favor of the State and their respective affiliates and subsidiaries and an assignment of
statutory lien to the State, if applicable; and shall also provide that said insurance is primary coverage with
respect to Design/builder's operations hereunder.
Article 36 -Contractor's Affidavit Substitute "owner's consultant" for "designer" in this article.
Article 40 -Utilities, Structures, Signs Substitute "Design/builder" for "project expediter" in paragraphs a,
h, i, and j. Delete paragraphs b, c, d, e, f, and g.
Article 42 Guarantee Delete paragraph d.
Article 44 -Indemnification Delete and add: a. Design/builder shall indemnify and hold harmless owner,
owner's officers, directors, employees, agents, and consultants from and against all claims, costs, losses and
damages (including but not limited to all fees and charges of engineers, architects, attorneys and other
November 2000 Suppl Gen Cond -4 Warren County PCB Remediation
professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from the
performance of Construction, provided that any such claim, cost, loss or damage is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself),
including the loss of use resulting therefrom, but only to the extent such claim, cost or damage is caused by
any negligent act or omission of design/builder, any subcontractor, engineer, any supplier, any individual or
entity directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose
acts any of them may be liable.
Add b. In any and all claims against owner or any of their respective consultants, agents, officers, directors
or employees by any employee (or the survivor or personal representative of such employee) of design/builder,
any subcontractor, any engineer, any supplier, any individual or entity directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph (a) shall not be limited in any way by any limitation of the amount
or type of damages, compensation or benefits payable by or for design/builder or any such Subcontractor,
Engineer, Supplier or other individual or entity under workers' compensation acts, disability benefit acts or
other employee benefits acts.
Article 49 -Minority Business Participation -General Statute 143 -Article 8 amended June 28, 1989
established a goal of 10% minority business participation in State owned projects. The document "Guidelines
for Recruitment in State Construction Contracts" and its Appendices A thru D are hereby made a part of this
contract and its provisions a requirement of this contract.
Article 50 -Local Resources -It is goal of the project for the design/build contractor to utilize local (Warren
County and the surrounding counties of Vance, Halifax, North Hampton, Nash, Franklin, and Granville)
resources (services, supplies, labor, and subcontractors) in the performance of the work. The owner will
monitor design/builders' use of local resources.
Add Article 51 -Permits -Unless otherwise provided in the Contract Documents, design/builder shall directly
or through one or more Subcontractors obtain and pay for all necessary permits and licenses. owner shall assist
and design/builder, when necessary, in obtaining such permits and licenses. Design/builder shall pay all
governmental charges and inspection fees necessary for the prosecution cif the Construction, which are
applicable on the last day for receipt of Proposals. Design/builder shall pay all charges of utility owners for
connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related
thereto.
Add Article 52 -Laws and Regulations
a. Design/builder shall give all notices and comply with all Laws and Regulations of the place of the Project
which are applicable to furnishing and performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, owner shall not be responsible for monitoring
design/build~r' s compliance with any Laws or Regulations.
b. If design/builder performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, design/builder shall bear all costs arising therefrom.
Add Article 53 -Hazard Communication Programs Design/Builder shall be responsible for coordinating
any exchange of material safety data sheets or other hazard communication information required to be made
available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.
November 2000 Suppl Gen Cond -5 Warren County PCB Remediation
Add Article 54 -Emergencies In emergencies affecting the safety or protection of persons or the construction
or property at or adjacent to the Site, design/builder, without special instruction or authorization from owner,
is obligated to act to prevent threatened damage, injury or loss. Design/builder shall give owner prompt written
notice if design/Builder believes that any significant changes in the Remediation or variations from the
Contract Documents have been caused thereby. If a change in the Contract Documents is required because of
the action taken by Design/Builder in response to such an emergency, a Change Directive or Change Order
will be issued to document the consequences of such action.
Add Article 55 -Continuing Remediation
Design/builder shall carry on the Remediation and adhere to the progress schedule during all disputes or
disagreements with owner. No Remediation shall be delayed or postponed pending resolution of any disputes
or disagreements, except as design/builder and owner may otherwise agree in writing.
November 2000 Suppl Gen Cond -6 Warren County PCB Remediation
FORM OF PROPOSAL
Warren County Landfill PCB Remediation
Department of Environment and Natural Resources
Detoxification Design/Build Contract .
Bidder:
Date:
-----'--------
The undersigned, as bidder, hereby declares that the only person or persons inter:ested in this proposal
as principal or principals is or are named herein and that no other person than herein mentioned has any interest
in this proposal or in the contract to be entered into; that this proposal is made without connection with any
other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith
without collusion or fraud. The bidder further declares that he has examined the site of the work and the
contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids;
that he has satisfied himself relative to the work to be performed.
Bidder must submit a process flow diagram, major equipment list, description of air pollution control
system, throughput of continuous BCD system (tons/hr), and preliminary project schedule with his bid.
The Bidder proposes and agrees if this proposal is accepted to contract with the State of North
Carolina, through the State Construction Office in the form of contract specified, to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete
all design work, construction of all PCB treatment, process, and support facilities, and detoxification of the
Warren County PCB Landfill to the full and entire satisfaction of the State of North Carolina, Department of
Environment and Natural Resources 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, for the sum of:
DESIGN/BUILD CONTRACT:
Base Bid (Inclusive of Bid Items 1 through 4 and 7 through 17):
Dollars($· )
Not Including Bid Items 5 and 6
November 2000 Proposal Form -1 Warren County PCB Remediation
SCHEDULE OF VALUES
Bid Item Description Quantity Unit Price Extended Price
I. Design/Permits/Mobilization L.S.
2. Site Preparation and Construction L.S.
3. Performance Demonstration L.S.
4. Performance Demonstration L.S.
Testing
5. Performance Demonstration Test L.S.
Decontamination, Dismantlement
And Demobilization
6. Performance Demonstration Test L.S.
Site Restoration
7. Community Outreach Program L.S.
Phase I
8. Community Redevelopment L.S. ~ 25,000.00
(Bid Allowance)
PHASE I SUB TOT AL $ ______ _
(Estimated Phase I Community Resources $ _______ )
(Estimated Phase I Minority Business Participation $ _______ )
November 2000 Proposal Form -2 Warren County PCB Remediation
Bid Item
9.
10.
11.
12.
13.
14.
15.
16.
17.
November 2000
SCHEDULE--OFV ALVES (CONT)
Description Quantity Unit Price
Equipment Stand-Down 3 months $
Top Soil, Fill, and Clay Layer 14,000 CY L.S.
Removed and Stockpiled
BCD Soil Treatment 72,000 Tons $
(Based on
$1.20/gal
Propane)
Liquid BCD Treatment 60,000 gallons $
with off-site recycle (Based on
$1.20/gal
propane)
Decontaminate and Dispose of 20 tons $
Oversized and Incompatible Debris
Process Decontamination L.S.
Dismantlement and
Demobilization
Community Outreach Program L.S.
Phase II
Site Restoration L.S.
Community Redevelopment L.S.
(Bid Allowance)
PHASE II SUBTOTAL
(Estimated Phase II Community Resources $
(Estimated Phase II Minority Business Participation($
TOT AL LUMP SUM PHASES I & II
Not Including Items Sand 6
Extended Price
Imo.
/ton
/gal
/ton
$ 25,000.00
$
)
$ _____ _
Proposal Form -3 Warren County PCB Remediation
UNIT PRICES
Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically
noted. Unit prices shall be applied, as appropriate, to compute the total value of changes in the scope of the
work all in accordance with the contract documents.
No. 1. Soil Testing for PCB and TEQ dioxin/furans
in landfill, pond or other areas as directed
by Owner's Consultant
No. 2. Additional costs if LBCD organic-phase liquids
require incineration (Ref. Bid Item No. 10)
DESIGN /BUILD CONTRACT:
Each Sample, Unit Price$ ___ _
Per Pound, Unit Price $ ____ _
The bidder further proposes and agrees hereby to commence work under this contract on a date to be
specified in a written order of the Owner and shall fully complete all work thereunder within consecutive
calendar days from and including said date. Anticipated project completion date is December 31, 2002 and
all prices are firm through that date. Applicable liquidated damages are stated in the Supplementary General
Conditions.
The undersigned further agrees that in the case off ailure on his part to execute the said contract and
the bond within thirty (30) consecutive calendar days after written notice being given of the award of contract,
the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account
set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond
accompanying this proposal shall be returned to the undersigned. ·
Attach certified check, cash or bid bond to this proposal.
Respectfully submitted this __ day of _______ 2000.
(Name of firm or corporation making bid)
WITNESS: BY:
Title: -------------(Proprietorship or Partnership) ( 0 w n er/Partner/Pres. N. Pres.)
Address: -------------License No. ------------Federal I.D. No. ________ _
ATTEST:
By: _________ _
Title: ___________ _
(Corp. Sec. or Asst. Sec. only) (CORPORATE SEAL)
November 2000 Proposal Form -4 Warren County PCB Remediation
Acknowledge addendum received and used in computing bid by inserting their dates:
Addendum No. 1 November 27, 2000 Addendum No. 3 _______ _
Addendum No. 2 ________ _ Addendum No. 4 ________ _
November 2000 Proposal Form -5 Warren County PCB Remediation
FORM OF CONSTRUCTION CONTRACT
(ALL PRIME CONTRACTS)
THIS AGREEMENT, made the _____ day of ______ in the year of
20_ by and between hereinafter called the Party of the
First Part and the State of North Carolina; through the ______________ _
___ ___________ hereinafter called the Party of the Second Part.
WITNESS ETH:
That the Party of the First Part and the Party of the Second Part for the consideration
herein named agree as follows:
1. Scope of Work: The Party of the First Part shall furnish and deliver all of the
materials, and perform all of the work in the manner and form as provided by the following
enumerated plans, specifications and documents, which are attached hereto and made a part
thereof as if fully contained herein: advertisement; Instructions to Bidders; General Conditions;
Supplementary General Conditions; specifications; accepted proposal; contract; performance
bond; payment bond; power of attorney; workmen's compensation; public liability; property
damage and builder's risk insurance certificates; approval of attorney general; certificate by the
Office of State Budget and Management, and drawings, titled:
Consisting of the following sheets: ____________ _
Dated: _____ and the following addenda:
Addendum No. Dated Addendum No. Dated --------
Addendum No. Dated Addendum No. Dated --------
Addendum No. Dated Addendum No. -----Dated __ _
Addendum No. Dated Addendum No. -----Dated ---
2. That the Party of the First Part shall commence work to be performed under this
agreement on a date to be specified in a written order of the Party of the Second Part and shall
fully complete all work hereunder within ___ consecutive calendar days from said date. For
each day in excess thereof, liquidated damages shall be as stated in Supplementary General
Conditions. The Party of the First Part, as one of the considerations for the awarding of this
contract shall furnish to the Party of the Second Part a construction schedule setting forth
planned progress of the project broken down by the various divisions or part of the work and by
calendar days. If the Party of the First.Part fails to begin the work under the contract within the
time specified, or the progress of the work is not maintained on schedule, or the work is not
completed within the time above specified, or fails to perform the work with sufficient workmen
and equipment or with sufficient materials to ensure the prompt completion of said work, or shall
perform the work unsuitably or shall discontinue the prosecution of the work, or if the Party of
the First Part shall become insolvent or be declared bankrupt or commit any act of bankruptcy or
insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-
eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause
whatsoever shall not carry on the work in an acceptable manner, the Party of the Second Part
may give notice in writing, sent by certified mail, return receipt requested, to the Party of the
First Part and his surety of such delay, neglect or default, specifying the same, and if the Party of
the First Part within a period of fifteen (15) days after such notice shall not proceed in
accordance therewith, then the Party of the Second Part shall, declare this contract in default,
and, thereupon, the surety shall promptly take over the work and complete the performance of
this contract in the manner and within the time frame specified. In the event the surety shall fail
to take over the work to be done under this contract within fifteen (15) days after being so
notified and notify the Party of the Second Part in writing, sent by certified mail, return receipt
requested, that he is taking the same over and stating that he will diligently pursue and complete
the same, the Party of the Second Part shall have full power and authority, without violating the
contract, to take the prosecution of the work out of the hands of said Party of the First Part, to
appropriate or use any or all contract materials and equipment on the grounds as may be suitable
and acceptable and may enter into an agreement, either by public letting or negotiation, for the
completion of said contract according to the terms and provisions thereof or use such other
methods as in his opinion shall be required for the completion of said contract in an acceptable
manner. All costs and charges incurred by the Party of the Second Part, together with the costs
of completing the work under contract, shall be deducted from any monies due or which may
become due said Party of the First Part and surety. In case the expense so incurred by the Party
of the Second Part shall be less than the sum which would have been payable under the contract,
if it had been completed by said Party of the First Part, then the said Party of the First Part and
surety shall be entitled to receive the difference, but in case such expense shall exceed the sum
which would have been payable under the contract, then the Party of the First Part and the surety
shall be liable and shall pay to the Party of the Second Part the amount of said excess.
3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the
faithful performance of this agreement, subject to additions and deductions as provided in the
specifications or proposal, in lawful money of the United States as follows:
__________________ ($ _______ -J
Summary of Contract Award:
4. On or before the 20th day of each calendar month, the Party of the Second Part shall
make payments to the Party of the First Part on the basis of a duly certified and approved
estimate of work performed during the preceding calendar month by the First Party, less five
percent (5%) of the amount of such estimate which is to be retained by the Second Party until all
work has been performed strictly in accordance with this agreement and until such work has
been accepted by the Second Party. The Second Party may elect to waive retainage requirements
after 50 percent of the work has been satisfactorily completed on schedule as referred to in
Article 31 of the General Conditions.
5. Upon submission by the First Party of evidence satisfactory to the Second Party that all
payrolls, material bills and other costs incurred by the First Party in connection with the
construction of the work have been paid in full, final payment on account of this agreement shall
be made within thirty (30) days after the completion by the First Party of all work covered by
this agreement and the acceptance of such work by the Second Party.
6. It is further mutually agreed between the parties hereto that if at any time after the
execution of this agreement and the surety bonds hereto attached for its faithful performance, the
Second Party shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for
any reason, such bonds cease to be adequate to cover the performance of the work, the First
Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party
so to do, furnish an additional bond or bonds in such form and amount, and with such surety or
sureties as shall be satisfactory to the Second Party. In such event no further payment to the First
Party shall be deemed to be due under this agreement until such new or additional security for
the faithful performance of the work shall be furnished in manner and form satisfactory to the
Second Party.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day
and date first above written in _____ counterparts, each of which shall without proof or
accounting for other counterparts, be deemed an original contract.
Witness:
Contractor:(Trade or Corporate Name)
By:. _____________ _
(Proprietorship or Partnership)
Attest: (Corporation) _____ _ Title: ------:--------------( 0 w n er, Partner, or Corp.
Pres. or Vice Pres. only)
By: _____ _
Title: -----(Corp. Sec. or Asst.
Sec. only)
(CORPORATE SEAL)
Witness:
The State of North Carolina through
______ By:-------
Title: ------
Form OC-13
(Agency, Department or Institution)
FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS THAT ________ _
as principal, and __________________________ , as
surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto the
State of North Carolina through ____________________ _
as obligee, in the penal sum of ________________ .DOLLARS, lawful
money of the United State of America, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
Signed, sealed and dated this ____ day of _______ 19_
WHEREAS, the said principal is herewith submitting proposal for
and the principal desires to file this bid bond in lieu of making the cash deposit as required by G.S.
143-129.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if
the principal shall be awarded the contract for which the bid is submitted and shall execute the
contract and given bond for the faithful performance thereof within ten days after the award of same
to the principal, then this obligation shall be null and void; but if the principal fails to so execute
such contract and give performance bond as required by G.S. 143-129, the surety shall, upon
demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided
further, that the bid may be withdrawn as provided by G.S. 143-129.1
_____________________ (SEAL)
_____________________ (SEAL)
_______________________ (SEAL)
_______________________ (SEAL)
_____________________ (SEAL)
43 JJ 6\spec\bonds
FORM OF PAYMENT BOND
Date of Contract: __________________________ _
Date of Execution: __________________________ _
Name of Principal: _________________________ _
(Contractor)
Name of Surety: __________________________ _
Name of Contracting Body: _____________________ _
Amount of Bond: ___________________________ _
Project: ______________________________ _
KNOW ALL l\.1EN BY THESE PRESENTS, that we, the principal and surety above named,
are held and finnly bound unto the above named contracting body, hereinafter called the contracting
body, in the penal sum of the amount stated above for the payment of which sum well and truly to
be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and
severally, finnly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered
into a certain contract with the contracting body, identified as shown above and hereto attached:
NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying
· labor/material in the prosecution of the work provided for in said contract, and any and all duly
authorized modifications of said contract that may hereafter be made, notice of which modifications
to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force
and virtue.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under
their several seals on the date indicated above, the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Executed in _______________________ counterparts.
Witness:
Contractor: (Trade or Corporate Name)
By: ____________ _
43116\spec\JJonds
Attest: (Corporation)
By: ____________ _
Title: ____________ _
(Corp. Sec. or Asst. Sec. only)
Witness:
Countersigned:
(N.C. Licensed Resident Agent)
Name and Address-Surety Agency
Surety Company Name and N.C.
Regional or Branch Office Address
43116\rpec\JJonds
Title: ____________ _
(Owner, Partner, or Corp.
Pres. or Vice Pres. only)
(Corporate Seal)
(Surety Company)
By: ____________ _
Title: ____________ _
(Attorney in Fact)
(Surety Corporate Seal)
FORM OF PERFORMANCE BOND
Date of Contract: __________________________ _
Date of Execution: ---------------------------
Name of Principal: _________________________ _
(Contractor)
Name of Surety: __________________________ _
Name of Contracting Body:
Amount of Bond: ____________________________ _
Project:--------------------------------
KNOW ALL :MEN BY THESE PRESENTS, that we, the principal and surety above named,
are held and firmly bound unto the above named contracting body, hereinafter called the contracting
body, in the penal sum of the amount stated above for the payment of which sum well and truly to
be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered
into a certain contract with the contracting body, identified as shown above and hereto attached:
NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the
undertakings, covenants, terms, conditions and agreements of said contract during the original term
of said contract and any extensions thereof that may be granted by the contracting body, with or
without notice to the surety, and during the life of any guaranty required under the contract, and shall
also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modificatoins of said contract that may hereafter be made,
notice of which modifications to the surety being hereby waived, then, this obligation to be void;
otherwise to remain in full force and virtue.
43 I I 6\spec\bonds
IN WITNESS WHEREOF. the above-bounden parties have executed this instrument under
their several seals on the date indicated above. the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative. pursuant to
authority of its governing body.
Executed in ______________________ counterparts.
Witness:
Attest: (Corporation)
By: _____________ _
Title: -------------(Corp. Sec. or Asst. Sec. only)
Witness:
Countersigned:
(N.C. Licensed Resident Agent)
Name and Address-Surety Agency
Surety Company Name and N.C.
Regional or Branch Office Address
43116\rpu\JJonds
Contractor: (Trade or Corporate Name)
By: ____________ _
Title: -------------( 0 w n er. Partner. or Corp.
Pres. or Vice Pres. only)
(Corporate Seal)
(Surety Company)
By:--------------
Title: ____________ _
(Attorney in Fact)
(Surety Corporate Seal)
--~:EffiJ3TFOR A TT ACHING .PO_WER OF ATTORNEY
43116\spec\bonds
SHEET FOR A TT ACHING INSURANCE CERTIFICATES
43/J6\rp~c\JJonds
APPROVAL OF THE ATTORNEY GENERAL
CERTIFICATION BY THE OFFICE OF STATE
BUDGET AND MANAGEMENT
Provision for the payment of money to fall due and payable by the
under this agreement has been provided for by allocation made and is available for the purpose of
carrying out this agreement.
This __________ _ day of __________ 20 __ _
Signed _____________ _
Budget Officer
43116\~pec\Jmnds
TECHNICAL SPECIFICATIONS
SECTION 00901
ADDENDUM N0.1
WARREN COUNTY PCB LANDFILL
BCD DETOXIFICATION
ADDENDUM NO. 1
DATE:
ADDENDUM NO. 1
TO THE
CONTRACT DOCUMENTS
FOR THE
WARREN COUNTY PCB LANDFILL SITE
BCD DETOXIFICATION
November 27, 2000
TO ALL BIDDERS BIDDING ON THE ABOVE PROJECT:
All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in their
Bid.
I. The following are additions to the Specifications:
1. See attached table. Underlined text is to be added and stricken text is to be deleted.
2. Addition to Section 01100, Special Project Procedures
Part 1.08 COMMUNITY REDEVELOPMENT
Work with local community to formulate a redevelopment plan for the detoxified landfill site by
providing technical expertise in site development, architecture, land use planning, grant identification
and application, and in other areas of site development at the request of the Owner.
A. Designate a project community redevelopment liaison for the Community Advisory Board
and owner. Submit proposed liaison's resume and hourly billing rate to the Owner for approval.
B. Attend meetings with the Community Advisory Board, the owner, Department of Commerce,
and other State and Federal agencies at the direction of the Owner.
C. Identify economic development and other potential grant programs, and assist the Community
Advisory Board and Owner in preparing grant applications.
D. Subcontract economic development technical and/or legal expertise as directed by the Owner.
3. Replace Section 02100 with attached Section 02100, Site Preparation.
4. Add Section 02223, Decontamination and Disposal, attached.
5. Replace Division 11, Equipment, with attached Sections. Retain existing Sections that are not
modified in the attachments. The following Sections in Division 11 are not modified: 11250, 11260,
11600, 11700.
00901-1
WARRENCOUNTYPCBLANDFil..L
BCD DETOXIFICATION
ADDENDUM NO. 1
II. The following are revisions to the Drawings:
1. Drawings C-13 through C-23
Change "Class 1 Landfill" to "Subtitle D Landfill".
III. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same
revision to any and all related areas of the Contract Documents not specifically called out in this Addendum.
N. The bidder shall acknowledge receipt of this Addendum by inserting the date and number in the spaces provided
in the Proposal Form.
00901-2
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Section Title Applicability
01000 Project 1. Change "Engineer" to "Owner's Consultant". The Contractor
Requirements will hire an Engineer registered in North Carolina to prepare the
design.
2. Add to Part 1.02 G.1: "Contractor is not required to install any
specific equipment or appurtenances or use any arrangement
given in the Drawings unless specifically required by the
Specifications."
01010 Summary of Work 1. Change Part 1.01 C.1.a to "Prepare and submit required plans and
design documents"
2. Replace Part 1.01 C.1.i with: "Coordinate the installation of
required electrical service with Carolina Power and Light."
3. Change Part 1.01 C.1.w to: "Provide and install construction
trailers to include an office trailer for the Contractor, an office
trailer for the State, a eeeeRtamiRatieR tfailef fef emple)•ee use,
aR eff: eut)• tfaileF fef empleyee use, aR eleetfieal eistfieutieR
tfailef, a eeRtFel tfaileF, aRe paft:s tfailefs as Reeded and other
trailers as reguired."
4. Part 1.01 C.1.bb: Change "Desorption" to "Decomposition".
Delete the last two sentences.
5. Delete Part 1.01 C. l .ee. Contractor will determine construction
requirements for the aqueous treatment process in the design.
6. Change Part 1.01 C. l .ff to: "Install and calibrate certified~
weigh scale."
7. Change Part 1.01 C.2.a to: "Air monitoring at pefimetef aHEI work
zones."
8. Part 1.01 C.2.f, delete "Research and Development".
9. Change Part 1.01 C.2.k to: "Secure site until receipt of TSCA
operating permit to proceed or until g!Ven aJ;!J;!roval for interim
OJ;!eration."
10. Delete Part 1.01 C.3.d. Soils will be weighed on feed belt to the
solids BCD treatment system.
11. Delete Part 1.01 C.3.i. Preparation of feed soils will comply with
BCD Patent No. 5,039,350.
12. Delete Part 1.01 C.3.k. Contractor will provide design for air
emissions control system based on his treatment units.
13. Change Part 1.01 C.3.w to: "Perform pefimetef aiF meRitefiRg
aRd continuous stack monitoring in accordance with the Air
Monitoring Plan."
14. Change Part 1.01 C.3.z to: "Attend bi-weekly project meetings,
providing status and schedule update."
15. Change Part 1.01 C.4.c to: "Decontaminate, dismantle and
eemeeili2;e dis);!ose of pre-existing leachate treatment system."
16. Part 1.01 C.4.i, change "761.375" to "761.378"
November 27, 2000
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Section Title Aoolicability
01035 Health and Safety 1. Replace Engineer with Owner's Consultant.
Requirements 2. Add Part 1.03 C.h: "Results of near misses and efforts to reduce
the potential for future accidents."
01036 Decontamination 1. Add Part 1.01 B, Requirements: Decontamination procedures,
materials, sampling, and reporting will be in accordance with 40
CFR 761.360 -.378.
2. Delete Section 4.02 C. The decon pad will be demolished and
disposed of at an off-site landfill following approval of
decontamination efforts.
3. Replace Encineer with Owner's Consultant.
01050 Field Engineering 1. Replace Engineer with Owner's Consultant.
and Surveying 2. Replace AutoCAD 13.0 with 14.0 or later.
01060 Regulatory 1. Delete references to RCRA,-CERCLA, and SARA.
Requirements 2. Replace Engineer with Owner's Consultant.
01065 Permits and Fees 1. Add Part B: "Maintain current copies of all permits and licenses
at the project site for inspection by the Owner or Owner's
Consultant as needed."
01091 Reference 1. Replace Engineer with Owner's Consultant.
Specifications
01100 Special Project 1. Replace Engineer with Owner's Consultant.
Procedures -2. Add Part 1.06 C: "Contractor can expect that EPA will grant
interim operating status at full production so long as Contractor
demonstrates that the BCD treatment processes are meeting state
and federal treatment standards arid any system emissions are
within acceptable limits during the shake-down and performance
demonstration testing. Contractor will not be paid for downtime
due to Contractor's failure to meet applicable standards and limits
during this testing."
3. Add Section 1100, Part 1.05 C: "At completion of project,
restore access road to private property located south of the
landfill. Add stone and grade road so that condition is equal to or
better than condition at start of project. Owner's Consultant must
approve condition prior to final payment."
4. Add Part 1.07: "License Fees: Contractor is responsible for
obtaining license for use of the BCD technology and for paying
associated costs. Provide Owner copy of license prior to start of
the Performance Demonstration. Maintain license for the
duration of treatment."
5. Add Part 1.08, Community Outreach Program (attached).
2 November 27, 2000
ADDENDUM NO. 1
MODIF"ICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Section Title Applicability
01230 Waste Management 1. Part 1.02 D. Owner's Consultant will sign manifests as agent for
and Disposal the Owner.
2. Add Part 1.02 E: "Although site materials are not hazardous,
Contractor will use a prepared manifest form to record all off-site
shipments of materials for disposal Contractor will maintain
copies of all manifests at the site. Contractor will maintain a log
of all off-site shipments. Submit manifest form and log format
for approval by Owner in accordance with Section 01340."
3. Add Part 2.01 D: "All vehicles and equipment will come to the
site in clean condition, free of visible accumulations of soil,
grease, sludges or other deleterious materials. The Owner's
Consultant will inspect all vehicles and equipment upon arrival at
the site. The Contractor will decontaminate vehicles and
equipment as directed by the Owner's Consultant. Vehicles and
equipment that cannot be adequately decontaminated will be
removed from the site at the Contractor's expense."
4. Re-label Part 3.03 B as 3.03 A. Change "wastes" to "materials".
01311 Project Schedule 1. Replace Engineer with Owner's Consultant.
2. Delete Part 1.02.
3. Part 1.07, change "bi-weekly" to "weekly".
4. Add Part 1.08: "PERMITTING: Show all significant EPA, State
and local permits on the schedule, including review and approval
times."
01340 Shop Drawings 1. Replace Engineer with Owner's Consultant.
2. Add Part 1.01 C, Intent: The intent of this design/build contract is
for Contractor to submit a 90% design to Owner for review and
approval. Such approval does not warranty the materials,
construction or performance of the design, only that the design
satisfies the contract conditions. Responsibility for materials,
construction and performance is solely that of the Contractor.
Following the Owner's approval, Contractor will submit a sealed
set of drawings and specifications marked "Issued for
Construction". Within 15 days of Notice to Proceed, Contractor
will provide Owner with a submittal register noting all design
documents, plans, drawings, and materials to be submitted, the .
corresponding specification in the contract documents, and
submittal date.
3. Add Part 1.01 D, Content: The Contractor's design submittals
will provide adequate information to show conformance to the -contract documents and to allow safe, timely construction. At a
minimum, the 90% design will include a design analysis showing
relevant calculations, revisions to the drawings, revisions to the
specifications, and plans as required by the contract documents.
3 November 27, 2000
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Section Title Applicability
01340 Shop Drawings 4. Add Part 1.01 E, Heat and Material Balance: Submit a detailed
( continued) heat and material balance with the 90% design showing
temperature and material content throughout the treatment
process, including feed preparation, soils treatment, liquid
treatment, and all emissions. Show composition and flow rates
for all waste streams and materials for off-site disposal.
Reference flows to unit operations using unique numbering
system. Provide all material flows in units of lbs/day. Provide
reaction chemistry and all reagent inputs, including water,
alkaline metals, and carrier oils. Provide basis of analysis and all
assumptions. Provide balance as a process flow diagram with
material balance on same drawing. In particular, note PCB and
dioxin/furan concentrations and flow rates throughout process.
5. Part 1.02 G: Delete references to "mylar".
01380 Project Photographs 1. Part 1.02 C.3, change: "Provide one (1) 8-inch x 10-inch aerial
photograph fer eaeh meeth ef the prejeet during soils treatment."
2. Replace Engineer with Owner's Consultant.
01410 Testing and Testing 1. Replace Engineer with Owner's Consultant.
Laboratory Services 2. Part 1.02 D: Laboratory will submit results to Contractor, who
will inform Owner's Consultant of the results.
01500 Temporary Facilities 1. Add Part 2.02 C, Owner's Facilities: "Provide separate furnished
and Controls trailer for use by the Owner for duration of the project."
2. Add Part 2.04 C: "Provide separate sign at entrance road stating
that all visitors must check in at security shack."
3. Replace En~ineer with Owner's Consultant
01560 Temporary 1. Add Part 1.02 B: "Contractor will maintain a water truck for the
Environmental duration of the project to wet down haul roads and provide
Controls overall dust control, as directed by the Owner's Consultant."
2. Replace Engineer with Owner's Consultant.
3. Add to end of Part 1.05 A: " ... and with the prior approval of the
Owner."
4. Add Part 1.07 B: "Open burning is not allowed."
01569 Environmental 1. Replace Engineer with Owner's Consultant.
Protection
01570 Traffic Safety and 1. Add Part 1.02 C: "For off-site disposal of wastes and treated oils,
Regulations provide a routing plan to the approved treatment/ disposal
facilities for review by the Owner. Routing will avoid population
centers to the extent practicable and will be strictly adhered to by
all transporters. Contractor will promptly notify the Owner's ·
Consultant once a load has reached the receiving facility and in
the event of an accident involving project-related vehicles."
4 November 27, 2000
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFil.L DETOXIFICATION PROJECT
Section Title Applicability
01590 Facilities and 1. Replace Engineer with Owner.
Services 2. Part 1.07, delete "( except the Engineer's toll charges)".
3. Part 1.13 B, replace "except Engineer toll calls" with "for two
separate phone lines".
4. Replace Part 1.13 C.2 with ''Telephone -Two lines, one for
voice and one for modem."
5. Part 1.16 B, delete "for each facility".
01600 Material and 1. Replace Engineer with Owner's Consultant.
Equipment 2. Add Part 1.03 D: "For products not required for attainment of the
Performance Standards, submit list of these products and why
they are not necessarv."
01650 Start-Up 1. Part 3.03 A.2, revise as: "Ramp-up Test performed under~ TSCA
Resear-ch llREI De,•elopment permit to optimize system(s) and
verify compliance issues and treatment standards achieved, and to
collect preliminary data."
2. Part 3.03 A.3, revise as: "Performance Demonstration Tests
performed for TSCA Permit on individual GBCD, BBCD BHEI
l:.BtD systems."
01700 Project Closeout 1. Replace Engineer with Owner's Consultant.
2. Add Part 1.05 C: "Submit closeout documents in accordance with
the North Carolina Construction Manual, NC Department of
Administration, State Construction Office.
01710 Cleaning No comments
01720 Project Record 1. Replace Engineer with Owner's Consultant.
Documents 2s Add Part 1.04 C.9: "Final contours of re-graded landfill and
ponds with elevations to +/-1 ft. North-south cross-section of re-
graded landfill showing elevations of various strata."
3. Add Part 1.05 C: "Provide three copies of the record documents
to the Owner. Provide electronic copies of as-built drawings in
AutoCAD format, in version specified by the Owner."
01730 Operating and 1. Part 1.05 A, revise as: "Provide~ three copies of complete
Maintenance Data manual in final form."
01800 Miscellaneous Work 1. Delete in its entirety.
and Cleanup
02050 Demolition 1. Part 1.01 A. l, replace " ... pump and treatment system" with " ...
leachate collection and treatment system".
2. Insert Part 1.04 A.4: "Demolition and disposal of the existing
leachate collection and treatment system, as shown on Drawing
C-7. Treat sand and carbon in the tanks using the BCD system.
Decontaminate portions of leachate system in contact with PCBs
in accordance with 40 CFR 761.79(b)(3)(i)(A). Perform standard
wipe tests in accordance with 40 CFR 761.123 at locations
selected in accordance with 40 CFR 761 Subpart P. Submit
results to Owner for approval. With Owner's approval, dispose
of leachate system materials in permitted Subtitle D landfill."
5 November 27, 2000
Section
02100
02200
02210
02220
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Title
Site Preparation
Earthwork
Site Grading
Excavating,
Backfilling and
Compacting
Applicability
1. Replace with revised Section 02100, attached.
1. Revise Part 1.02 A: "Submit excavation and shoring drawings for
worker protection in accordance with tee Geeeral Coeditioes
Section 01340.
2. Add Part 1.02 D: "Submit laboratory analysis using EPA Method
8082 that off-site borrow soils do not contain PCBs. Submit
composite analysis for each off ~site borrow source. Owner must
approve borrow sources prior to use."
3. Throughout: Replace "Modified Proctor Method ASTM D1557"
with "Standard Proctor Method ASTM D698". Unless in a load
bearing area, all soils are to be compacted to 85 percent Standard
Proctor. The landfill is not a load bearing area.
4. Replace Part 2.01 B with: "Use city water for compaction and re-
wetting of treated soils. Provide temporary piping and valves to
convey water from water main to the point of use."
5. Replace En~ineer with Owner's Consultant.
1. Replace Engineer with Owner's Consultant.
2. Part 1.01 A, add: " ... shown on the Drawings or as necessary for
construction of the treatment facility."
3. Part l.02, add: " ... and utility lines unless otherwise directed by
the Specifications or the Owner's Consultant."
4. Add Part 3.03 D: "Site grading shall be in accordance with State
Construction Office standards."
5. Part 3.04 C, delete ''Tee fieal ele,.•atioe of tee subgrade shall be
" -·. --·
1. Throughout: Replace "Modified Proctor Method ASTM Dl557''
with "Standard Proctor Method ASTM D698". Unless in a load
bearing area, all soils are to be compacted to 85 percent Standard
Proctor. The landfill is not a load bearing area.
2. Replace Engineer with Owner's Consultant.
3. Part 1.03 C, revise as: "If, in the opinion of the Engineer,
conditions encountered during ~onstruction warrant a significant
change in the slab elevation, or in the depth of removal of
unsuitable or contaminated material from that indicated on the
Drawings, an adjustment wiH may be made in the contract price.
Additional excavation of the underlying clay liner in the landfill
is to be anticipated and would not be cause to adjust the contract
price."
4. Part 1.04 B .2, revise as: "For removal of landfill materials. the
Contractor shall construct the sheeting or slope or bench
excavations to the extent he deems if desirable it necessary for his
method of operation and in accordance with OSHA regulations.
5. Delete Parts 1.04 B.4, B.5 and B.6.
6. Delete Part 3.02 B. l. Contractor is to specify excavation
necessary for construction in his desiim submittal.
6 November 27, 2000
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFil..L DETOXIFICATION PROJECT
Section Title Aoolicability
02220 Excavating, 7. Part 3.02 B.7, add: "Place erosion controls, such as silt fences,
Backfilling and around soil stockpiles. Owner's Consultant will approve the
Compacting adequacy of the controls."
( continued) 8. Part 3.03 B, add: "Collected stormwater that comes in contact
with the treatment pads, excavation areas, or other areas
potentially containing PCBs must be treated prior to discharge."
9. Part 3.05 A, add: "Area: Landfill, Material: Treated Soils,
Compaction: 12-inch lifts, compact to 85 percent Standard
Proctor."
10. Add Part 3.06, Non-Soil Materials: Remove PVC liner and filter
fabric from landfill in sections. Remove loose soils to meet
Subtitle D disposal criteria and send soils to feed preparation area
for treatment. Sample liner and filter fabric sections for disposal
criteria and dispose in permitted Subtitle D landfill. Submit name
of receiving landfill to Owner for prior approval. Ship all liner
and filter fabric materials to the same landfill."
02221 Monitoring Well 1. Part 1.01 A.l, add: "Wells_ are to be abandoned at the start of
Abandonment the project. Wells_ are to be abandoned following sampling by
the NCDENR after all treated soils have been backfilled."
2. Part 3.01 F, revise as:" ... to NGQENR the Owner."
02223 Decontamination 1. New Section, attached.
and Disposal
02232 Road Base 1. Replace Engineer with Owner's Consultant.
2. Part 2.01 B, replace with: "Road base shall be aggregate base
course (ABC) stone in accordance with NCDOT specifications."
3. Part 3.02 C.3, replace "Modified Proctor Method ASTM D1557"
with "Standard Proctor Method ASTM D698". Compact to 95
percent Standard Proctor.
4. Part 3.02 C.4.c, replace "should" with "will".
02240 Stabilized Subgrade 1. Replace Engineer with Owner's Consultant.
2. Part 2.01 C.3, replace "modified Proctor" with "California
Bearing Ratio".
3. Part 3.03 B, replace "Modified Proctor Method ASTM D1557"
with "Standard Proctor Method ASTM D698". Compact to 95
percent Standard Proctor.
02485 Sodding 1. Delete in its entirety. All disturbed areas are to be seeded.
02486 Seeding 1. Part 1.01 A.2, delete "which are not designated to be sodded."
2. Replace Part 1.01 A.3 with "Seeding and mulching shall be in
accordance with the North Carolina Erosion and Sediment
Control Planning and Design Manual for permanent seeding."
3. Part 2.02 A, delete "either rye or".
4. Part 3.03 A, add "Alternate methods may be used with prior
approval of the Owner's Consultant."
7 November 27, 2000
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Section Title Applicability
02500 Paving and 1. Add Part 1.02 B: "For process areas, pavement should meet the
Surfacing intent of impervious as used by TSCA regulations."
2. Parts 3.01 and 3.02, Substitute "95% Standard Proctor ASTM D
698" for "98% Modified Proctor".
02513 Equipment 1. Part 1.03 B, revise as: "Submit reinforcing steel shop drawings
Foundation and in accordance with Ceeditiees ef the Ceetraet and Di¥ision l
Slabs on Grade Division 01340.
2. Add Part 3.01 B: "All paved surfaces in the process area,
including feed preparation, treatment, and treated soils storage,
will be concrete. Asphalt surfaces are not allowed within the
process area where they may be contact with PCBs and where
decontamination will be required at the completion of Work.
This requirement takes precedence over the Drawings."
02660 Water Distribution 1. Replace Engineer with Owner's Consultant.
System 2. Add Part 3. IO D: "All work on the existing water main is to be
coordinated with the governing utility in advance. Disturbance of
NCSR 1604 must be coordinated with the NCDOT and
Henderson County at least four weeks in advance. Copy the
Owner and Owner's Consultant on all correspondence.
Contractor is to obtain all necessary permits and easements and
maintain copies at the project site."
3. Part 3.11 A, delete "Qfll'.)' a shert shut off period Eli~ heur
maximum) will be permiHed durieg eoeeeetiee ef the eew -,. s1 =-·=--" ------·---·-
02720 Drainage Structures, 1. Replace Engineer with Owner's Consultant.
Pipe and Fitting 2. Part 3.02 E.1. Substitute 95% Standard Proctor ASTM D 698 for
98 % Modified Proctor throughout.
02750 Polyethylene I. Replace Engineer with Owner's Consultant.
Geomembrane Line 2. Replace CQA Engineer with Owner's Consultant.
02751 Geotextile 1. Replace "Engineer" and "CQA Engineer" with Owner's
Consultant.
2. Revise Part 2.01 C as: "The geotextile material shall meet the
material properties as specified in Taele 1 in Part 3.01 unless
otherwise a1mroved b)'. Owner's Consultant. Geotextile will have
minimum densitv of 8 oz.Isa. vd."
02830 Fencing I. Part 1.01 A, replace with: "Install fence as shown on the
Drawings. If treatment layout is different than shown, provide
same fencing buffer around process areas. Clear and grub
minimum three lateral feet on either side of fence."
2. Parts 2 and 3: Unused.
8 November 27, 2000
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Section Title Aoolicability
02840 Site Restoration 1. Part 3.01 C, add: "Remove equipment decontamination pads and
appurtenances."
2. Part 3.01 D.5, replace "Sodding" with "Seeding".
3. Part 3.02 A.3, revise as: "PCSAPT pre-engineering metal
building{fil with electrical service."
4. Part 3.02 A.5, change "Iilner" to "liner".
5. Add Part 3.03, Utilities: Cancel all utility services unless
directed by the Owner to transfer title.
03010 Concrete Work 1. Replace Engineer with Owner's Consultant.
2. Add Part 1.03, Intent:
A. Requirements given in this Section are intended to define
acceptable construction practices. Contractor will design
concrete pads and supports as required for his equipment
and processes. Deviations from the Section are to be
submitted with the Contractor's design for approval by
the Owner's Consultant.
B. Concrete in process areas must conform to TSCA storage
requirements given in 40 CFR 761.65. Concrete
finishing and surf aces should facilitate decontamination
at end of project.
C. Comply with State Construction Office standards.
03100 Concrete Formwork 1. Replace Engineer with Owner's Consultant.
2. Add Part 1.01 D: Requirements given in this Section are intended
to define acceptable construction practices. Contractor will
specify concrete formwork as required for his equipment and
processes. Deviations from the Section are to be submitted with
the Contractor's design for approval by the Owner's Consultant.
03200 Concrete 1. Replace Engineer with Owner's Consultant.
Reinforcement 2. Add Part 1.01 C: Requirements given in this Section are intended
to define acceptable construction practices. Contractor will
design reinforcement as required for his equipment and
processes. Deviations from the Section are to be submitted with
the Contractor's design for approval by the Owner's Consultant.
3. Part 3.01 L, replace "24 hours" with "three days".
03262 Concrete Joints and 1. Add Part 3.01 B.3: "Expansion joints are not allowed in PCB
Waterstops material storaj:?;e areas (40 CFR 761.65(b)(l))."
03300 Cast-in-Place 1. Part 2.02 E, change "king" to "kind".
Concrete 2. Replace Engineer with Owner's Consultant.
3. Revise Part 3.01 A as: "The Engiaeer Owner's Consultant shall -be notified a minimum of 24 hours three days before
concrete is to be placed."
03345 Concrete Finishing I. Part 3.05 B, revise as: "Cure concrete for not less than 14 days
and Curing after placing in accordance with one of the following appropriate
methods, unless otherwise directed b~ the Specifications or
followin!! aooroval of the Owner's Consultant:
9 November 27, 2000
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Section Title Applicability
03480 Concrete Surface I. Add Part 3.02: "All floor seals must be consistent and
Sealer compatible with decontamination requirements at the end .of the
project."
03483 Pre-Cast Concrete I. Replace Owner with Owner's Consultant.
05120 Structural Steel I. Replace Engineer with Owner's Consultant.
2. Replace "Section 09900" with "Section 09900A".
3. Add Part 1.01 C, Intent: Requirements given in this Section are
intended to define acceptable construction practices. Contractor
will design structural steel framing and supports as required for
his equipment and processes. Deviations from the Section are to
be submitted with the Contractor's design for approval by the
Owner's Consultant.
05140 Structural I. Add Part 1.01 C, Intent: Requirements given in this Section are
Aluminum intended to define acceptable construction practices. Contractor
will design structural aluminum components as required for his
equipment and processes. Deviations from the Section are to be
submitted with the Contractor's design for approval by the
Owner's Consultant.
2. Delete Part 3.01 D. Reference Section 13120, Part 2.04.
05500 Miscellaneous 1. Replace Engineer with Owner's Consultant.
Metals 2. Replace "Section 09900" with "Section 09900A".
07920 Joint Sealers, Fillers I. Replace Engineers with Owner.
and Gaskets 2. Replace Engineer with Owner's Consultant.
3. Delete Part 2.01 E.
09900A Painting, Non-I. Replace Engineer with Owner's Consultant.
Architectural 2. Part 3.02 B, delete "Refer to Paragraph 3.09B."
3. Delete Part 3.03 A. l.
4. Add Part 3.07 E, "Dispose of all paint, thinner, solvents and other
chemicals in compliance with Federal and State law. Said
materials may not be disposed at the site."
09905 Piping and 1. Replace "Section 09900" with "Section 09900A".
Equipment 2. Part 3.02 B, delete "See Section 01500: Mechanical -General
Identification Requirements."
System 3. Delete Part 3.02 E.
Section All I. See revised Sections with redlines and strikeouts for additions
11000 and deletions.
13120 Pre-Engineered I. Add Part 1.01 E, Intent: Requirements given in this Section are
Metal Buildings intended to define acceptable construction practices. Contractor
will determine specifications for metal building products as may
be required for his equipment and processes. Deviations from the
Section are to be submitted with the Contractor's design for
approval by the Owner's Consultant.
2. Revised Part 1.02 D.1: "North Carolina State Building Code and
State Construction Office standards"
November 27, 2000
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Section Title Applicability
13200 Process Tanks 1. Replace Engineer with Owner's Consultant.
2. Replace Part 1.03 A.1 with "Submit shop drawings in accordance
with Section 01340."
3. Add Part 2.01 D: ''Tanks containing fuel oils, petroleum
products, or PCBs will have containment capacity equal to the
volume of the tanks."
15044 Piping Materials, 1. Change "Engineer's representative" to "Owner's Consultant".
Designation and 2. Add Part 1.01 C, Inspection: All concealed work must remain
Testing uncovered until approved by the Owner's Consultant. Defects
disclosed by tests shall be made good and the defective materials
replaced without additional cost to the Owner. Tests shall be
repeated after repairs or replacements have been made.
3. Add Part 1.01 D: "Provide a test schedule for each type of piping.
Include pipe material, size, service, operating pressures, design
pressure, design temperature, test methods, test pressure, and
duration."
15062 Piping and Fittings 1. Replace Engineer with Owner's Consultant.
2. Add Part 1.04, SUBMTITALS: Provide a piping schedule for
each type of piping. Include pipe material, size, service,
operatin2 pressures, and desi1m temperature.
15066 Stainless Steel Pipe 1. Replace Engineer with Owner's Consultant.
and Fittings
15071 PVC Pressure Pipe 1. Delete Part 2.01 A.3.
2. Replace Engineer with Owner's Consultant.
15072 PVC Gravity 1. Replace Engineer with Owner's Consultant.
Stormwater Pipe
15090 Chemical Feed 1. Delete Parts 1.01 A.3.a, b, c, d, e, and g.
System Piping 2. Delete Parts 1.01 B.3, 4 and 5.
3. Replace "Section 09900" with "Section 09900A".
4. Delete Part 2.01 B.
5. Delete Parts 2.02 A.1.4 and 5.
6. Replace Engineer with Owner's Consultant.
15100 Valves and 1. Add Part 1.03 B: Provide a valve schedule for each type of valve
Specialties in the PCB detoxification system. Include valve type, material,
size, service, operating pressures, and desi1m temperature.
15126 Hangers & Supports 2. Replace "Section 09900" with "Section 09900A".
15127 Piping Expansion 1. Replace "Section 09900" with "Section 09900A".
Joints
11 November 27, 2000
ADDENDUM NO. 1
MODIFICATIONS TO THE SPECIFICATIONS
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
Section Title Aoolicability
16000 Basic Electrical I. Replace Engineer with Owner's Consultant.
Requirements 2. Replace "Engineer's field representative" with "Owner's
Consultant".
3. Part 1.02 B, add: "Comply with State Construction Office
electrical standards."
4. Add Part 1.03 A.3: "Provide a motor schedule for all electrical
motors."
5. Replace Part 2.01 F with "Ground Rod: Provide as shown on
Drawings."
6. Revise Part 3.01 G.2 as "Furnish and install a:s a miRimum a 2000
am19ere, 27'7/480 ·,elt, 3 19hase, 4 ·.viFe seFYiee necessary service
from power company transformers to main service equipment.
7. Add Part 3.01 N, Lighting: "Provide adequate lighting throughout
process area to allow inspection by Owner's Consultant at all hours
of operation."
16216 Diesel Engine I. Part 1.01. Delete references to specific equipment. Size
Driven Generator generator for and connect to actual process equipment.
2. Replace Engineer with Owner's Consultant.
3. Delete Part 1.03 B.
4. Part 2.05 A. Size ~enerator for actual process eQuipment.
12 November 27, 2000
WARREN COUNTY PCB LANDFILL
BCD DETOXIFICATION
ADDENDUM NO. 2
DATE:
ADDENDUM NO. 2
TO THE
CONTRACT DOCUMENTS
FOR THE
WARREN COUNTY PCB LANDFILL SITE
BCD DETOXIFICATION
December 12, 2000
TO ALL BIDDERS BIDDING ON THE ABOVE PROJECT:
All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in their
Bid.
I. The following are additions to the Specifications:
1. Supplementary General Conditions, Article 34. Delete paragraph c.
2. Section 01270, Part 1.02 C.2, add: "cc. BCD license and patent fees. Do not include EPA portion of
license fee in bid price, these costs are waived for the project."
3. Section 01270, Part 1.02 C.2, add: "dd. Contractor will be paid for tons of soil treated to the
Performance Standards in accordance with Bid Item No. 11."
4. Section 01270, Part 1.03 C, replace "3. Include cost of:" with "2. Include cost of:".
5. Section 01270, Part 1.03 C.2.p, revise as: "Re-hydrate treated materials using the treated process
condensate water or county water."
6. Section 01270, add Part Part 1.02 B.2.tt: "Include cost for off-site disposal of cleared trees, brnsh, and
other vegetative matter associated with clearing and grubbing of the site."
7. Section 02200, Part 2.01 B, replace with: "Use county water for compaction ofnon-treated soils. Use
county water or treated aqueous-phase condensate from the BCD system for re-wetting of treated soils.
Provide temporary piping and valves to convey water from water main and condensate treatment to the
point of use."
8. Section 11200, Part 3.01 B.l, revise as: "Sample soils for attainment of Performance Standards
following detox.ification1 llfl4necessary cooling, and re-hydration ."
9. Section 11210, add Part 1.02 M: "Performance Standards: The concentration of contaminants in the
air measured during excavation and processing at the property line may not exceed 8 x I 0·4 micrograms
per cubic meter PCBs and 5 x 10·8 micrograms per cubic meter TEQ for dioxins."
10. Section 11400, Part 1.02 A. l.a, replace with: "Aqueous Phase: ~ 0.5 ug/1 PCBs"
00902-1
WARRENCOUNTYPCBLANDFILL
BCD DETOXIFICATION
ADDENDUM NO. 2
II.
11 . Section 11400, Part 3 .A, add to end of section: " ... unless a higher standard is issued with the TSCA
permit."
12. General Conditions, Article 8, Part b, revise as: "All equipment shall be ~adequate to achieve the
Performance Standards for the anticipated quantity of materials and of quality specified, expect where
reclaimed material is authorized herein and approved for use."
13. Proposal Form, Bid Item 11. Base unit rate for BCD soil treatment on propane price of$0.95/gallon
or No. 2 fuel oil price of $1.40/gallon. Prices include 20 percent mark-up as allowed by contract.
Propane cost based on 30,000 gal tank and bulk delivery. Use revised Proposal Form to submit bid
(attached).
14. Performance Demonstration Plan. Base bids on the version dated March 2000.
The following are revisions to the Drawings:
Not used
III. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same
revision to any and all related areas of the Contract Documents not specifically caJled out in this Addendum.
IV. The bidder shall acknowledge receipt of this Addendum by inserting the date and number in the spaces provided ·
in the Proposal Form.
00902-2
FORM OF PROPOSAL
Warren County Landfill PCB Remediation
Department of Environment and Natural Resources
Detoxification Design/Build Contract
Bidder:
Date:
------------
The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal
as principal or principals is or are named herein and that no other person than herein mentioned has any
interest in this proposal or in the contract to be entered into; that this proposal is made without connection with
any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good
faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the
contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids;
that he has satisfied himself relative to the work to be performed
Bidder must submit a process flow diagram, major equipment list, description of air pollution control
system, throughput of continuous BCD system (tons/hr), and preliminary project schedule with his bid.
The Bidder proposes and agrees if this proposal is accepted to contract with the State of North
Carolina, through the State Construction Office in the form of contract specified, to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete
all design work, construction of all PCB treatment, process, and support facilities, and detoxification of the
Wanen County PCB Landfill to the full and entire satisfaction of the State of North Carolina, Department of
Enviromnent and Natural Resources 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, for the sum of:
DESIGN/BUILD CONTRACT:
Base Bid (Inclusive of Bid Items 1 through 4 and 7 through 17):
Dollars($ )
Not Including Bid Items 5 and 6
December 2000 Proposal Fann -1 Warren County PCB Remediation
SCHEDULE OF VALUES
Bid Item Description Quantity Unit Price Extended Price
I. Design/Permits/Mobilization L.S.
2. Site Preparation and Construction L.S.
3. Performance Demonstration L.S.
4. Performance Demonstration L.S.
Testing
5. Performance Demonstration Test L.S.
Decontamination, Dismantlement
And Demobilization
6. Performance Demonstration Test L.S.
Site Restoration
7. Community Outreach Program L.S.
Phase I
8. Community Redevelopment L.S. $ 25.000.00
(Bid Allowance)
PHASE I SUBTOTAL $ ______ _
(Estimated Phase I Community Resources $ ______ ~
(Estimated Phase I Minority Business Participation $ ______ ~
December 2000 Proposal Form -2 Warren County PCB Remediation
Bid Item
9.
IO.
11.
12.
13.
14 .
15.
16.
17.
December 2000
SCHEDULE OF VALVES (CON'T)
Description Quantity Unit Price Extended Price
Equipment Stand-Down 3 months $ Imo.
Top Soil, Fill, and Clay Layer 14,000 CY L.S.
Removed and Stockpiled
BCD Soil Treatment 72,000 Tons $ /ton
(Based on
$0.95/gal propane or
$1.40/gal No. 2 fuel oil)
Liquid BCD Treatment 60,000 gallons $ /gal
with off-site recycle (Based on
$0.95/gal propane or
$1.40/gal No. 2 fuel oil)
Decontaminate and Dispose of 20 tons $ /ton
Oversized and Incompatible Debris
Process Decontamination L.S.
Dismantlement and
Demobilization
Community Outreach Program L.S.
Phase II
Site Restoration L.S.
Community Redevelopment L.S. $ 25,000.00
(Bid Allowance)
PHASE TI SUB TOT AL $
(Estimated Phase TI Community Resources $
(Estimated Phase TI Minority Business Participation ($
TOTAL LUMP SUM PHASES I & II
Not Including Items 5 and 6
Proposal Form -3
$ ___ _
Wa,nn County PCB Remediation
UNIT PRICES
Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically
noted Unit prices shall be applied, as appropriate, to compute the total value of changes in the scope of the
work all in accordance with the contract documents.
No. 1. Soil Testing for PCB and TEQ dioxin/furans
in landfill, pond or other areas as directed
by Owner's Consultant
Each Sample, Unit Price $ ___ _
No. 2. Additional costs if LBCD organic-phase liquids
require incineration (Ref. Bid Item No. 10)
DESIGN /BUILD CONTRACT:
Per Pound, Unit Price $ -----
The bidder further proposes and agrees hereby to commence work under this contract on a date to be
specified in a written order of the Owner and shall fully complete all work thereunder within consecutive
calendar days from and including said date. Anticipated project completion date is December 31, 2002 and
all prices are firm through that date. Applicable liquidated damages are stated in the Supplementary General
Conditions.
The undersigned further agrees that in the case of failure on his part to execute the said contract and
the bond within thirty (30) consecutive calendar days after written notice being given of the award of contract,
the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account
set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond
accompanying this proposal shall be returned to the undersigned
Attach certified check, cash or bid bond to this proposal.
Respectfully submitted this __ day of _______ 2000.
(Name of firm or corporation making bid)
WITNESS: BY:
Title: -------------(Proprietorship or Partnership) (Owner/Partner/Pres. N. Pres.)
Address: __________ _
License No. -----------Federal I.D. No. ________ _
ATTEST:
By:----------
Title: __________ _
December 2000 Proposal Fann -4 Warren County PCB Remediation
(Cotp. Sec. or Asst. Sec. only) (CORPORATE SEAL)
Acknowledge addendum received and used in computing bid by inserting their dates:
Addendum No. 1 November 27, 2000 Addendum No. 3 _______ _
Addendum No. 2 December 13, 2000 Addendum No. 4 ---------
December 2000 Proposal Fann -5 Warren County PCB Remediation
10 Patewood Drive, Building. VI , Suite . 500, Greenville , SC 29615 • P.O. Box 24000 G r eenville , SC 29616
December 15, 2000
Mr. John Duffey
IT Corporation
11560 Great Oaks Way, Suite 500
Alpharetta, GA 30022-2424
RE: Addendum No. 3
Warren County PCB Landfill Detoxification
NC SCO Reference No. 6095220110
Dear Mr. Duffey:
Attached are the following for the referenced project:
• Addendum No. 3
• Responses to questions received by December 13th
Tele ph o ne
8 64 •234 •30 00
Facsi mile
Electronic copies of these documents were sent to you earlier by Pat Backus of the _864 •234 •3069 NCDENR. Thank you for your interest in this project.
Sincerely,
. ~ (j
Jim Cloonan, P.E.
/attachments
c: Pat Backus, NCDENR
John Funk, Raleigh
Kathleen McNelis
E A R T H @ T E
A~ INTERNATIONAL LTD. COMPANY
C H
10 Patewood Drive, Building. VI, Suite. 500, Greenville, SC 29615 • P.O. Box 24000 Greenville, SC 29616
December 15, 2000
Mr. Joseph Gunn
WRS Infrastructure & Environment, Inc.
221 Hobbs Street, Suite 108
Tampa, FL 33619
RE: Addendum No. 3
Warren County PCB Landfill Detoxification
NC SCO Reference No. 6095220110
Dear Mr. Gunn:
Attached are the following for the referenced project:
• Addendum No. 3
• Responses to questions received by December 13th
Electronic copies of these documents were sent to you earlier by Pat Backus of the
NCDENR. Thank you for your interest in this project.
Sincerely,
Jim Cloonan, P.E.
/attachments
c: Pat Backus, NCDENR
John Funk, Raleigh
Kathleen McNelis
E C
A 'b/C:O INTERNATIONAL LTD. COMPANY
Te 1 e phone
86-i•2:14•3000
Facsimile
864•234•3069
10 Patewood Drive, Building. VI, Suite. 500, Greenville, SC 29615 • P.O. Box 24000 Greenville, SC 29616
December 15, 2000
Mr. John Brooks
Roy F. Weston, Inc.
1400 Weston Way
West Chester, PA 19380
RE: Addendum No. 3
Warren County PCB Landfill Detoxification
NC SCO Reference No. 6095220110
Dear Mr. Brooks:
Attached are the following for the referenced project:
• Addendum No. 3
• Responses to questions received by December 13th
Telephone
864•234•:\000
Facsimile
Electronic copies of these documents were sent to you earlier by Pat Backus of the 864•234•3069 NCDENR. Thank you for your interest in this project.
Sincerely,
Jim Cloonan, P.E.
/attachments
c: Pat Backus, NCDENR
John Funk, Raleigh
Kathleen McNelis
E C H
A U,C0 llfl'ERNATIONAL LTD. COMPANY
10 Patewood Drive, Building. VI , Suite. 500, Greenville, SC 29615 • P.O. Box 24000 Greenville, SC 29616
December 19, 2000
Mr. John Duffey
IT Corporation
11560 Great Oaks Way, Suite 500
Alpharetta, GA 30022-2424
RE: Addendum No. 4
Warren County PCB Landfill Detoxification
NC SCO Reference No. 6095220110
Dear Mr. Duffey:
Attached are the following for the referenced project:
• Addenda Nos. 4 and 5
• Revised proposal form
• Copies of the non-electronic tables from Division 11 of the technical specifications
Electronic copies of Addendum No. 4 and the revised proposal form were sent to you earlier
by Pat Backus of the NCDENR. Thank you for your interest in this project.
Sincerely,
Jim Cloonan, P.E.
/attachments
c: Pat Backus, NCDENR
John Funk, Raleigh
Kathleen McNelis
E A R T H @ T E
A b,r:a INTERNATIONAL LTD. COMPANY
C ff
Telephone
864•234•3000
Facsimi le
86 -i•234•3069
WARRENCOUNTYPCBLANDF~L
BCD DETOXIFICATION
ADDENDUM NO. 3
ADDENDUM NO. 3
TO THE
CONTRACT DOCUMENTS
FOR THE
WARREN COUNTY PCB LANDF~L SITE
BCD DETOXIFICATION
DATE: December 15, 2000
TO ALL BIDDERS BIDDING ON THE ABOVE PROJECT:
All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in their
Bid.
I. The following are additions to the Specifications:
1. Supplementary Conditions: Add Article 56, Proprietary Information: All proposals, after the award of the
contract., will be open for public inspection. Trade secrets or similar proprietary data which the offeror does not
wish disclosed to other than personnel involved in the evaluation or contract administration will be kept
confidential to the extent permitted by NCAC TO I :05B.150 I and G.S. 132-1.2 if identified as follows: Each page
shall be identified in boldface at the top and bottom as "CONFIDENTIAL". Any section of the proposal which
is to remain confidential shall also be so marked in boldface on the title page of that section. Cost information
and certain other information essential to the evaluation of the proposal may not be deemed confidential.
Confidential design documents should be submitted in accordance with North Carolina General Statute § 132-
1.2, Confidential Information. In spite of what is labeled as confidential, the determination as to whether or not
it is shall be determined by North Carolina law.
2. Section 02840, add Part 3.01 K: "Collect composite samples from every 100 CY ofaggregate haul road materials
at end of project and analyze for PCBs using EPA Method 8082. Materials with< 0.2 mg/kg PCBs are to be
placed in the existing, unlined pond. Aggregate materials with 2'.: 0.2 mg/kg PCBs and the road geotextile are
to be disposed of off-site at Subtitle D landfill at the contractor's expense. Once all acceptable road materials
are in the pond, fill remainder of pond with soils from stripped stockpile area, compact, grade to drain, and seed.
Regrade haul roads to pre-construction contours and seed."
3. Section 01270. Part 1.03 H 2, add "f: Sampling, excavation, removal and disposal of haul road materials"
4. Section 02220, add Part 3.01 A.3: "Segregate topsoil from stripping of the landfill from other stripped materials.
Use stripped topsoil for uppermost layer placed over treated soils. Fill and clay layers stripped above the I 0-mil
PVC liner are to be replaced directly over the treated soils. Stripped ftll and clay materials may be blended prior
to replacement."
II. The following are revisions to the Drawings:
Not used
III. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same
00903-1
WARRENCOUNTYPCBLANDF~L
BCD DETOXIFICATION
ADDENDUM NO. 3
revision to any and all related areas of the Contract Documents not specifically called out in this Addendum:
IV. The bidder shall acknowledge receipt of this Addendum by inserting the date and number in the spaces provided
in the Proposal Form.
00903-2
JO Patewood Drive , Building. VI, Suite. 500, Greenville, SC 29615 • P.O. Box 24000 Greenville , SC 296 16
December 19, 2000
Mr. John Brooks
Roy F. Weston, Inc.
1400 Weston Way
West Chester, PA 19380
RE: Addendum No. 4
Warren County PCB Landfill Detoxification
NC SCO Reference No.6095220110
Dear Mr. Brooks:
Attached are the following for the referenced project:
• Addenda Nos. 4 and 5
• Revised proposal form
• Copies of the non-electronic tables from Division 11 of the technical specifications
Telephone
864•234•3000
Facsimile
.8 6 4 • 2 3 4 • 3 O 6 9 Electronic copies of Addendum No. 4 and the revised proposal form were sent to you earlier
by Pat Backus of the NCDENR. Thank you for your interest in this project.
Sincerely,
Jim Cloonan, P.E.
/attachments
c: Pat Backus, NCDENR
John Funk, Raleigh
Kathleen McNelis
E C
A 'b/1:D INTERNATIONAL LTD. COMPANY
10 Patew ood Drive, Building. VI, Suite . 500 , Greenville, SC 29615 • P.O . Box 24 000 Greenv ille, SC 296 1 6
December 19, 2000
Mr. Joseph Gunn
WRS Infrastructure & Environment, Inc.
221 Hobbs Street, Suite 108
Tampa, FL 33619
RE: Addendum No. 4
Warren County PCB Landfill Detoxification
NC SCO Reference No. 6095220110
Dear Mr. Gunn:
Attached are the following for the referenced project:
• Addenda Nos. 4 and 5
• Revised proposal form
• Copies of the non-electronic tables from Division 11 of the technical specifications
Electronic copies of Addendum No. 4 and the revised proposal form were sent to you earlier
by Pat Backus of the NCDENR. Thank you for your interest in this project.
Sincerely,
Jim Cloonan, P.E.
/attachments
c: Pat Backus, NCDENR
John Funk, Raleigh
Kathleen McNelis
E C
A 'b,ca INTERNATIONAL LTD. COMPANY
Telephone
864 •2:'>4 •30 0 0
Facsimile
864 •234 •3069
WARRENCOUNTYPCBLANDF~L
BCD DETOXIFICATION
ADDENDUM NO. 4
ADDENDUM NO. 4
TO THE
CONTRACT DOCUMENTS
FOR THE
WARRENCOUNTYPCBLANDF~LSITE
BCD DETOXIFICATION
DATE: December 18, 2000
TO ALL BIDDERS BIDDING ON THE ABOVE PROJECT:
All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in their
Bid.
I. The following are additions to the Specifications:
I. Section 01270, Part 1.02 E.2, add: "j. Place treated soils back in the landfill."
2. Section 01270, Part 1.03 B.2, add : "f. Performance and payment bonds for the Phase II work."
3. Section 01270, Part 1.03 C.2.f, replace with: "f. Weigh all excavated PCB contaminated material fullawiag
placemem m t:he pale aa:ra aae prier ta t:he pugm.ill on the feed material incline conveyor."
4. Section 01270, Part 1.03 D.2, add: "e. Organic liquids treated during the shakedown testing and performance
demonstration."
5. Section 01270, Part 1.03 F.2.e, delete: "(See note below.)"
6. Section I 1 100, replace:
A. Certified Weigh Scale
A certified weigh scale shall be provided to weigh the excavated materials as they are being fed to the pugmill
of the CBCD system.
with
B. Certified Weigh Scale -
A certified weigh scale shall be provided to weigh the excavated materials as they are being fed to the pugmill
sf the CBCD system.
7. Sections 11200, 11400, and 11500. Table 1 in each of these sections was not included in the electronic files sent
to the bidders. Copies of the tables are attached.
00904-1
WARRENCOUNTYPCBLANDF~L
BCD DETOXIFICATION
ADDENDUM NO. 4
8. Proposal Form. Attached is revised Proposal Form. Revisions are change in basis price of No. 2 fael oil and
deletion of Unit Price Item No. 2, Additional Costs for Incineration ofLBCD Liquids. Contractor will be paid
actual cost for the handling, transportation, and incineration of LBCD liquids that cannot be treated on-site
following repeated best efforts at LBCD treatment. No mark-up will be given in the payment to contractor for
off-site incineration.
9. Notice to Bidders. Include the following with bid:
I) General Contractor: Signature and title of officer, North Carolina license number
2) Designer: Signature and title of officer, name and registration number of North Carolina professional
engineer with responsible charge, and North Carolina engineering registration number of firm
3) Prime Contractor: Signature, title and phone number of officer
Where single firm will provide all three parts, insert same name where appropriate. Bidders must certify that the
general contractor and designer submitted with their bid will not be changed without written approval of the
Owner.
II. The following are revisions to the Drawings:
Not used
III. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same
revision to any and all related areas of the Contract Documents not specifically called out in this Addendum.
IV. The bidder shall acknowledge receipt of this Addendum by inserting the date and number in the spaces provided
in the Proposal Form.
00904-2
TABLE 1 WARREN COUNTY PCB LANDFILL DETOXIFICATION INSTRUMENTATION .. MATERIAL PREPARATION SYSTEM CERTIFIED WEIGH SCALE SCREEN .... ---· SCREENED MATERIAL CONVEYOR SCREENED MATERIAL CONVEYOR MOTOR rvfAGNETic· SEPARATOR PUG MILL-HOPPER PUG MILL HOPPER BOTTOM CONVEYOR Pi.JG Mill HOPPER BOTTOM CONVEYOR MOTOR PlJG MILL F.EED CONVEYOR Pi.JG Mlli..FEED CONVEYOR MOTOR CONVEYOR WEIGH SCALE PUG MILL PUG MIL[ MOTOR PUG Mill.DISCHARGE CONVEYOR PUG MILL DISCHARGE CONVEYOR MOTOR PUG MILL DISCHARGE STACKER PUG MILL DISCHARGE STACKER MOTOR BCD REAG-ENT SILO siC6 DUs-.n::oLLECTOR siU:5 ROTARY VALVE NOTES. LEVEL X . i I I 1 O= ON LOCAL PANEL , X= ON LOCAL PANEL AND NETWORK I I I FLOW INSTANT. j . TOTAL X X I X VFD 0 0 0 SPEED SWITCH 0 0 0 0 0 0 0 ., I I I ! I :_,-_-·::: __ i. I .. i I j I 2. EQUIPMENT WITH MORE THAN ONE SHAFT SHALL BE PROVIDED WITH ONE SPEED SWITCH FOR EACH SHAFT. 1 3. LOCAL PANEL SHALL BE PROVIDED FOR ALL EQUIPMENT ABOVE. LOCAL PANEL SHALL CONTAIN MOTOR STARTERS, START/STOP PUSH BUTTONS, AND INDICATORS LIGHTS(ON AND READY). LOCAL PANEL SHALL BE NEMA 4X OR BETTER ALL MOTORS SHALL BE PROVIDED WITH LOCALDISCONNECTS. 11100-8 End of Section
TABLE 1 WARREN COUNTY PCB LANDFILL DETOXIFICATION INSTRUMENTATION PREPARE-D MATERIAL FEED HOPPER HOPPEififoTTOM CONVEYOR HOPPER BOTTOM CONVEYOR MOTOR PREPARED MATERIAL INCLINE CONVEYOR PREPARED MAT. INCLINE CONV. MOTOR CONVEYOR WEIGH SCALE CBCD.Di:SORBER FEED HOPPER CBCi:i DE SORBER TWIN SCREW FEEDER CBCi:i bRiVE ---cacti oi:iivE MOTOR CBCD DESORBER INLET FACE GEICO DESORBER SHELL ZONE 1 GEICO DESORBER SHELL ZONE 2 cscb DESORBER SHELL ZONE 3 cscci oEsoi:isEi:i auRNERs zoNE , ciico OESORBER BURNERS ZONE 2 CBCD DESORBER BURNERS ZONE :i ciico DESO-REIER -ZONE. 1-STACK . ciico DE-SORBER ZONE i STACK ciico DESORBER ,ZONE j STACK ciico COMBUSTiON-AIR FAN. OUTLET cec:6 c6i.1EiusTicii-.i AIR FAN MOTOR SWEEPGAS -----------SWEEP GAS DAMPER CBCD DISCHARGE MATERIAL CBCO DE-SORBER D°iSCHARGE SCREW CBCD DESORBER DISCHARGE SCREW MOTOR cocci TREATED MAT. MIXER/COOLER . CBCD TREATED MAT. MIXER/COOLER MOTOR(S) CBCD STEAM SCRUBBER GAS INLET . cscb STEAM scRUBBER GAS OUTLET CBCD STEAM SCRUIJBER 1.0. FAN CBCD STEAM SCRUBBER RECYCLE PUMPS CBCD STEAM SCRUBS. REC. PUMP MOTORS CBCD STEAM SCRUBBER RECYCLE TANK CBCD STEAM SCRUB. BLEED 10 MIXER/COOLER MAKE UP WATER TO STEAM SCRUBBER cscb TREATED MATERIAL STACKER CBCD TREATED MATERIAL STACKER MOTOR I I i I ! I ! TEMPERATUREIPRESSURt F X X X X X X X X X X X I I I -I X X X X X X X LEVEL I X I I X CBCD i FLOW INSTANT I TOTAL X X X X X I I X NOTES. I I I I ! i. ~l_~ <2~ LOCI':~ F'ANEL AND NET'vVCJ~~ : I 2. EQUIPMENT WITH MORE THAN ONE SHAFT SHALL BE PROVIDED WITH ONE SPEED SWITCH FOR EACH SHAFT. 11200-12 :I PRESSURE i SWITCH I I I ! ' End or Section FLOW SWITCH X CURRENT AMPS X X X X X X I I I i I , · i i i I I i SPEED SWITCH X X X X X REMOTE VISUAL. X I I VFD X X X I I I DEj~~~ONr_Po-siTION. .. X x x· -I X
I I ! I i TABLE 1 WARREN COUNTY PCB LANDFILL DETOXIFICATION INSTRUMENTATION CBCD VAPOR RECOVERY SYSTEM(VRSJ TEMPERATURE IN OUT PRESSURE. IN ! OUT I DIFF. i I PRESSURE! LEVEL FLOW RATE iPRESSURE · FLOW VOt.lAGE ! CURRENT ' SWITCH , SWITCH ' 1 HOT CYCLONE(HCJ HC HEA fTRACING He scfii:w .. HC SCREW MOTOR OUENdiER/SCRUBBER(O/SJ a!ifi-iisT 1:i.1M1NA TOR 1 Q/S PACKING ais RECYCLE PUMPS ! a,s RECYCLE PUMP MOTORS ' HEJi T-E,XCHANG.ER . a,s RECYCLE 1 · HE.AT EXCHANGER . COOLING WATER OS BLEED I CHILLE·o WATER scRUBBERtcws1 j C:WS MIST ELIMINATOR i CWS PACKING ' CWS RECYCLE PUMPS CWS RECYCLE PUMP MOTORS HEAT EXC.HANGER • CWS RECYCLE HEAT EXCHANGER · CHILLED WATER cws BLEED ;,.;,.·KE .. UP WAT ER TO cws WESP·--·• WESP MIST ELIMINATOR WESP PACKING. WESP RECYCLE PUMPS WESP RECYCLE PUMP MOTORS 'NESP iii.EEO . MAKE UP WATER TO WESP CHILLED WATER TO WESP REHEATER . . i'o:F11N . FLAME ARRESTOR FTO.MAKE UP AIR rfo FA_N __ .. . .. PROCESS GAS TO/FROM FTO BEDS hosecis STACK CARBON BEDS X ~ X X X X I X X i X X X X X X X X X X X X X X X I ! I X X X X X X X X X X X X X X X ,X X X X X X I i I I X X X X X X X X X X X i . I I NOTES. I i I 1 .. ALL ON LOCAL PANEL ANO NETWORK ; I j I j ; 2 EQUIPMENT WlTH MORE THAN ONE SHAFT SHALL BE PRQVIDEDWllH ONE SPEED SWlTCH FOR E-'CH SH-'fT. X X X X X X 11210-10 X • X X i AMPS X X X X X X X X oxv·oEN IN OUT ... X I i X I I I SPEED SIMTCH x' ! I I THC X I I I liFb X x TOTAL RUN: ''foieR x (4
TEMPERATURE I I IN OUT I F I COOLING TOWER(C T ) PACKING I C.T SUMP HEATER C.T. FAN MOTOR C T. RECYCLE PUMPS : CT. RECYCLE PUMP MOTORS i CT. OUTLET WATER· X RETURN WATER TO CT. X MAKE UP.WATER TO C.T. ; ····-· -... I CHILLER ci-iii._i._eR RECYCLE PUMPs , i CHii.LER RECYCLE PUMP MOTORS I CHILLE-R . OUTLET WATER i X RETURN WATER TO CHILLER i X FUEL "fANK ' I FUEL 61L PUMPS ! PROPANE TANK AIR CO~XPRESSOR i I AIR COMPRESSOR MOTOR I AIR COMPRESSOR i NiTR6GEN TANK MANIFOLD i I WATER STORAGE TANK I TREATED WATER FEED PUMP i T~~~T ~AT FEED PUMP MOTOR i EMERGENCY GENERATOR I TABLE 2 WARREN COUNTY PCB LANDFILL DETOXIFICATION INSTRUMENTATION COMMON SYSTEMS I I I i I PRESSURE, DIFF LEVEL IN OUT PRESSURE: I I X I X ! I I X i I X I I ! I X X I X ! I i X i X i X ! i 11210-11 End al Section FLOW : PRESSURE : FLOW VOLTAGE I CURRENT RATE SWITCH SWITCH ! AMPS I I X X X X X X X X X X i X I X i I J X
BBCO FEED CONVEYOR BBCO FEED CONVEYOR MOIOR BBCD DR-IVE HYDRAULIC DRIVE OIL BBCD DRiVE MOTOR BBCD DE SORBER SHELL BBCD BURNER BBCD ffURNER BOX OUTLET -REDUNDANT BBCD COMBUSTION AIR FAN OUTLET BBCD COMBUSTION AIR FAN MOTOR BBCD MATERIAL BBCD DiSCHARGE COOLING SCREW INLET BBCD DISCHARGE COOLING SCREW OUTLET esco oiscHARGE cooL1NG scnEw MoToR BBCD STEAM SCRUBBER GAS INLET BBCO STEAM SCRUl:lBER GAS OUTLET BBCD STEAM SCRUBBER 1.0. FAN BBCD STEAM SCRUBBER RECYCLE PUMPS BBCD STEAM SCRUBS. REC. PUMPMOTOlfS BBCD STEAM SCRUBBER RECYCLE TANK BBCD STEAM SCRUB BLEED n:fM.IXER/COOLER MAKE UP-WATER TO STEAM SCR.UBBER BBCD TREATED MATERIAL STACKER BBCD TREATED MATERIAL STACKER MOTOR iTEMPERATUREjPRESSUREJ ! F I i I I i X X X X X X X X I ' X I X I X I X ! X I X --I TABLE 1 WARREN COUNTY PCB LANDFILL OETOXIFICA TION INSTRUMENTATION BBCO LEVEL FLOW INST ANT TOTAL I PRESSURE FLOW I SWITCH SWITCH ·1 X X I X x NOTES. I 1. AL~ qN LOCAL PANEL AND NETWORK I I _ . _ 2. EQUIPMENT WITH MORE THAN ONE SHAFT SHALL BE PROVIDED WITH ONE SPEED SWITCH .FOR EACH SHAFT. 11300-i End of Section CURRENT AMPS X X X SPEED SWITCH X X I I REMOTE iiiSUAL VFD X f I i I I I FLAME i POSITION DETECTION ~ ! I ' 1-I . -·~ ~-··-.. , ....... ·-· ···-·· l. ···-·-
. TABLE 1 WARREN c'OUNTY PCB LANDFILL DETOXIFICATION INSTRUMENTATION BBCD 1/~POR RECOVERY SYSTEMIIIRSJ TEMPERATURE IN OUT PRESSURENACUUM I DIFF , IN OUT I PRESSURE I : I HOT CYCLONE(HC) X X I X X LEVEL HCHEAf}FlACING : OUENCHERtSCRUBBER(OISI X X I X X X o,s MIST ELIMINATOR ! X FLOW :PRESSURE' FLOW VOLTAGE RATE ! SWITCH SWITCH a,s PACKiNG X 015 RECYCLE PUMPS X I X OtS RECYCLE PUMP MOTORS i . HEAT EXCHA.NGER · Q/S RECYCLE X X I X X HEATEXCHANGER-COOLINGWATER X XI X: X oi;"BLeeo· . I I X PRIMARY CONDENSER(GAS SIDE) X X , X X BBCO IIAC-UUM0PUMP X X I X ' X BBCD VACUUM PUMP MOTOR SE.AL WATER.TANK I I X SECONDARY CONOENSER(GAS J;IDEJ ; X X X X i I X CHILLED WATER TO CONDENSERS · I X X X · CONOEN~A TE TANKS I I I X CONDENSATE PUMP REHEA TER . X X FLAME ARR~STOR I I I X X FTO MAKE UP AIR ' I X f.TO FM-I j X X X ! X PROCESS GAS TOIFROM FTO BEDS X X ;wiKEof '' . : X i ~ I i ! X I j CARBON BEDS ; ' I ' I I I I 11 NOITS l I ·;. ALL ON LOCAL PANEL AND NETWORK : . I 2. EQUIPMENT WITH MORE THAN ONE SHAFT SHA L BE PROVIDED WITH ONE SPEED SWITCH FOR EACH SHAFT. 11310-7 End or Section ! CURRENT i I AM:S i X X X OXYGEN IN OUT 'Y,, X SPEED SIMTCH ··1 T!'iC X .Y.f[_J X TOTAL RUN "iiMi:R. ~
TABLE 1 WARREN COUNTY PCB LANDFILL DETOXIFICATION --· ··-------INSTRUMENTATION ··-·-·--------·--·-·-. -······-·-··---------•-·---------------·--·----· PCSAPT EQUIPMENT TEMPERATURE I PRESSURE IDIFFERENTIALI LEVELi FLOW I PRESSURE I FLOW I VOLTAGE(CURRENTI SPEED I VFD IN ·---·-----•--·...-----1--------1 OUT I IN I OUT I PRESSURE RATE I SWITCH (SWITCH ·------• -·•·· ---··· AMPS I SWITCH TOTAL RUN TIMER •1BBCD CENTRIFUGE FEED TANK X . ·----------·•--·I··--···--I··· ··-·-·--f---t--·-1------·f--·-t-·-·-·-t-----½--·--·· +·---···-·-1 ·-·-·---+-----·-··-t----+····--·· BBCD CENTRIFUGE FEED TANK MIXER ···----· ----------------·--------------BBCD CENTRIFUGE FEED TANK MIXER MOTOR BBCD CENTRIFUGE -------·-·•·------· ---······ CONDENSATE COLLECTION TANK CONDENSATE TRANSFER PUMPS --------·------·--···----------CONDENSATE TRANSFER PUMP MOTORS ----------------FILTRATE STORAGE TANK . ---. --·--------AQUEOUS PHASE TREATMENT FEED PUMPS ---------··· ---·-·---·· -------··--·-----AQUEOUS PHASE TREA T.MENT FEED PUMP MOTORS -------------SANDFILTER SANDFIL TER BACKWASH PUMPS ---------------------·-···--SANDFIL TER BACKWASH PUMP MOTORS ·-----------------CARBON VESSELS -----------, -------• ·-··---. --•---··--------·· X X X X X X X X -~-, --.. x -t----· -· . ·-!----.,. ---·+· ·-·-·t--·-+----,---·-· 11400-7 END OF THIS SECTION X X X . )(.----I .. ·-··•· ·-·+-···-·-· X X ----1------··I· X .. ----·· X -••· 1•·-··••·-···--·--+-----t• X X X
. TABLE 1 --·-·-.... --------WARREffc·ouNT'Y'-PCB LANDFILL DETOXIFICATIOk _____ _ ··-····-·--·· --···--···• -. INSTRUMENTATION . ------EQUIPMENT SLUDGE HOLDING TANK ---------···--··· -SLUDGE HOLDING TANK MIXER .. ----···-··--------•·----· -------------SLUDGE HOLDING TANK MIXER MOTOR PRECOAT FEED TANK PRECOAT FEED TANK MIXER . --------------------PRECOAT FEED TANK MIXER MOTOR PRECOAT FEED PUMP ------------------···· FILTER FEED PUMPS .. --------------FILTER PRESS ----·---------FILTRATE PUMPS . FILTER PRESS SYSTEM . . . ------·---· TEMPERA TUR I PRESSURE! ·J I I PRESSURE E DIFFERENTIA LEVEL FLOW IN OUT I IN I OUT I PRESSURE I --·--+--··•-·-RATE I SWITCH X X X X ·-· X 11410-8 END OF THIS SECTION VOLTAGE I CURRENT I SPEED I VFD TOTAL ··------· ---l---f---AMPS SWITCH RUN TIMER X X ·•------·
TABLE 1 -WAR"f{Et•rcoi.JNTY PCB LANDc=F-c:-IL-,--L ~DE=Tc-c-O:XIFICATION-----·---· ---··. -------·----------~ INSTRUMENTATION ---······-··· ·-·----·-... ·-· ... -· LBCD ----···-·····---··-•·······-·········-··-----·-·-··----· ----··-···----·----··-··-·--·---------~ EQUIPMENT TE:PE~~~~EI ~:E~s~:~ j°;;~::~;;t LEVEL I· ~~; r::~~=E,_ s~~;H LBCD ORGANIC FEED TANK VOLTAGE I CURRENT I SPEED AMPS I SWITCH VFD I TOTAL RUN TIMER ------------·---·-X LBCD ORGANIC FEED PUMP X ·-······-··-·-1·----t---·-----x LBCD ORGANIC FEED PUMP MOTOR CAUSTIC TANK I··--·-····--·, .. -·--· --, -··--····-·• -·-·-x -1 --· · ··-t ---··-~ ···--------··--CAUSTIC FEED PUMP CAUSTIC FEED PUMP MOTOR CATALYST TANK CATAL YS FEED PUMP -------·---·--·--CATALYST FEED PUMP MOTOR -----------· -------CARRY OIL TANK X -----------·----·-CARRY OIL FEED PUMP -------------------· ----CARRY OIL FEED PUMP MOTOR LBCD REACTOR X . -------·--·-----LBCD RACTOR AGITATOR ··---------------LBCD REACTOR AGITATOR MOTOR ---1-•-· ··---· LBCD HEATING UNIT 1---------·-·· LBCD COOLING UNIT ···---..•... ····- X ····I· . X X X LBCD CONDENSER LBCD VENT ------··••··•--·•· .... I···•-·-----X X X X I···-·· X X X X X X X X ---·---------•···•·-------.. -· -···-·--. ------•-·· .. ........ ·---· -4•·-----• -------·• --·--· .... ·----4•. -·--· ••. ---.. ,. _______ ··-·-•------X --·-····-·--·-·-•-----1-···------•·----· . ···---... ------X ----·-----·•·-----<--···---,----· ---,------·-CONDENSATE TANK #3 ·····--·1------•-·---t--.. ···--·---• ----1-------1---------~------------1------------+-------. -----·-··---LBCD CONDENSATE PUMP -----------·------LBCD CONDNESA TE PUMP MOTOR ----------• ---------•· I•• REACTOR TRANSFER PUMP I·---·-----···------·•···-RACTOR TRANSFER PUMP MOTOR ORGANICS TRANSFER TANK 1----·-··-·-----·········· ORGANICS TRANSFER PUMP ORGANICS TRANSFER PUMP MOTOR TREATED ORGANIC TANK WATER RETURN PUMP WATER RETURN PUMP MOTOR I··--·--·--···----· .. ··---·--. ---. ACID NEUTRALIZATION CONTAINER ----------------------ACID NEUTRALIZATION PUMP ACID NETRALIZA TION PUMP MOTOR ---·---··· -----TREATED ORGANIC PUMP TREATED ORGANIC PUMP MOTOR X X X X X ·· ·-·-··I-·· ·--·-· I···-·-···•· - , · --·· X ·-··--······---·• ---------X X X ···-•-----•···· X X X -· .. -------·•·---1------·--·I-•·•• ···---•H••· ---•· ---t----,-----------1------X -.. -.·• :: _ .·r=----=-~r-· x_~:1=-·~.::.~=-[_-=-~~. 11500-4 END OF THIS SECTION ·-·----·--·---·-x. .. '. ·-\-. . ---\ ·----· ----···••---t·· ... ---·-----1-·• .. I X X X X X X . ··•··-1··· -·--1----------1-------·-·-·-·--··-l·--•··-·····-f-··-----l ·--· ---·--···t--···· --···I------------··-·--··"' .. 1-·····-···-·+-·-·-·----·····
WARREN COUNTY PCB LANDFILL
BCD DETOXIFICATION
ADDENDUM NO. 5
ADDENDUM NO. 5
TO THE
CONTRACT DOCUMENTS
FOR THE
WARREN COUNTY PCB LANDFILL SITE
BCD DETOXIFICATION
DATE: December 19, 2000
TO ALL BIDDERS BIDDING ON THE ABOVE PROJECT:
All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in their
Bid.
I. The following are additions to the Specifications:
I. Section 01270, Part 1.02 C.2, delete: "dd. Contractor will be paid for tons of soil treated to the
Performance Standards in accordance with Bid Item No. 11."
2. Section 01270, Part 1.02 C.3, add: "b. Treatment of soils. Contractor will be paid for tons of soil
treated to the Performance Standards under Bid Item No. 11."
II. The following are revisions to the Drawings:
Not used
III. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same
revision to any and all related areas of the Contract Documents not specifically called out in this Addendum.
IV. The bidder shall acknowledge receipt of this Addendum by inserting the date and number in the spaces provided
in the Proposal Form.
00905-1
FORM OF PROPOSAL
Warren County Landfill PCB Remediation
Department of Environment and Natural Resources
Detoxification Design/Build Contract
Bidder:
Date:
------------
The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal
as principal or principals is or are named herein and that no other person than herein mentioned has any
interest in this proposal or in the contract to be entered into; that this proposal is made without connection with
any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good
faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the
contract docmnents relative thereto, and has read all special provisions furnished prior to the opening of bids;
that he has satisfied himself relative to the work to be perfonned.
Bidder must submit a process flow diagram, major equipment ·list, description of air pollution control
system, throughput of continuous BCD system (tons/hr), and preliminary project schedule with his bid.
The Bidder proposes and agrees if this proposal is accepted to contract with the State of North
Carolina, through the State Construction Office in the form of contract specified, to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete
all design work, construction of all PCB treatment, process, and support facilities, and detoxification of the
Warren County PCB Landfill to the full and entire satisfaction of the State of North Carolina, Department of
Environment and Natural Resources with a definite W1derstanding that no money will be allowed for extra
work except as set forth in the General Conditions and the contract docW11ents, for the sum of:
DESIGN/BUILD CONTRACT:
Base Bid (Inclusive of Bid Items 1 through 4 and 7 through 17):
Dollars($ )
Not Including Bid Items 5 and 6
December 2000 Proposal Fann -1 Warren County PCB Remediation
SCHEDULE OF VALUES
Bid Item Description Quantity Unit Price Extended Price
l. Design/Permits/Mobilization L.S.
2. Site Preparation and Construction L.S.
3. Performance Demonstration L.S.
4. Performance Demonstration L.S.
Testing
5. Performance Demonstration Test L.S.
Decontamination, Dismantlement
And Demobilization
6. Performance Demonstration Test L.S.
Site Restoration
7. Community Outreach Program L.S.
Phase I
8. Community Redevelopment L.S. $ 25,000.00
(Bid Allowance)
PHASE I SUB TOT AL $ ______ _
(Estimated Phase I Community Resources $ ______ _,,
(Estimated Phase I Minority Business Participation $ _____ __,
December 2000 Proposal Fann -2 Wan-en County PCB Remediation
Bid Item
9.
10.
11.
12.
13.
14.
15.
16.
17.
December 2000
SCHEDULE OF VALUES (CON'T)
Description Quantity Unit Price Extended Price
Equipment Stand-Down 3 months $ Imo.
Top Soil, Fill, and Clay Layer 14,000 CY L.S.
Removed and Stockpiled
BCD Soil Treatment 72,000 Tons $ /ton
(Based on
$0.95/gal propane or
$1.10/gal No. 2 fuel oil)
Liquid BCD Treatment 60,000 gallons $ /gal
with off-site recycle (Based on
$0.95/gal propane or
$1.10/gal No. 2 fuel oil)
Decontaminate and Dispose of 20 tons $ /ton
Oversized and Incompatible Debris
Process Decontamination L.S.
Dismantlement and
Demobilization
Community Outreach Program L.S.
Phase II
Site Restoration L.S.
Community Redevelopment L.S. $ 25,000.00
(Bid Allowance)
PHASE II SUB TOT AL $
(Estimated Phase II Community Resources $
(Estimated Phase II Minority Business Participation ($
TOT AL LUMP SUM PHASES I & II
Not Including Items 5 and 6
Proposal Form -3
$ _____ _
Wan·en County PCB Remediation
UNIT PRICES
Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically
noted Unit prices shall be applied, as appropriate, to compute the total value of changes in the scope of the
work all in accordance with the contract documents.
No. 1. Soil Testing for PCB and TEQ dioxin/furans
in landfill, pond or other areas as directed
by Owner's Consultant
DESIGN /BUILD CONTRACT:
Each Sample, Unit Price $ ___ _
The bidder further proposes and agrees hereby to commence work llllder this contract on a date to be
specified in a written order of the Owner and shall fully complete all work thereW1der within consecutive
calendar days from and including said date. Anticipated project completion date is December 31, 2002 and
all prices are firm through that date. Applicable liquidated damages are stated in the Supplementary General
Conditions.
The undersigned further agrees that in the case of failure on his part to execute the said contract and
the bond within thirty (30) consecutive calendar days after written notice being given of the award of contract,
the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account
set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond
accompanying this proposal shall be returned to the undersigned
Attach certified check, cash or bid bond to this proposal.
Respectfully submitted this __ day of _______ 2000 .
. (Name of firm or corporation making bid)
WITNESS: BY:
Title: ___________ _
(Proprietorship or Partnership) (Owner/Partner/Pres.N. Pres.)
Address: __________ _
License No. -----------Federal I.D. No. ________ _
ATTEST:
By:----------
Title: __________ _
(Corp. Sec. or Asst. Sec. only) (CORPORA TE SEAL)
December 2000 Proposal Fann -4 Warren County PCB Remediation
Acknowledge addendum received and used in computing bid by inserting their dates:
Addendum No. 1 November 27, 2000 Addendum No. 3 December 15, 2000
Addendum No. 2 December 13, 2000 Addendum No. 4 -~D'--e~c ...... em~b=er ___ 1 ____ 9..._, =-20 __ 0"""'0'--
December 2000 Proposal Fann -5 Warren County PCB Remediation
WARREN COUNTY PCB LANDFILL
BCD DETOXIFICATION
ADDENDUM NO. 5
ADDENDUM NO. 5
TO THE
CONTRACT DOCUMENTS
FOR THE
WARREN COUNTY PCB LANDFILL SITE
BCD DETOXIFICATION
DATE: December 19, 2000
TO ALL BIDDERS BIDDING ON THE ABOVE PROJECT:
All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in their
Bid.
I. The following are additions to the Specifications:
I. Section 01270, Part 1.02 C.2, delete: "dd. Contractor will be paid for tons of soil treated to the
Performance Standards in accordance with Bid Item No. 11."
2. Section O 1270, Part 1.02 C.3, add: "b. Treatment of soils. Contractor will be paid for tons of soil treated
to the Performance Standards under Bid Item No. 11."
II. The following are revisions to the Drawings:
Not used
III. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same
revision to any and all related areas of the Contract Documents not specifically called out in this Addendum.
IV. The bidder shall acknowledge receipt of this Addendum by inserting the date and number in the spaces provided
in the Proposal Form.
00905-1
Warren County PCB Project -Question Set No. I
RESPONSE TO BIDDER QUESTIONS RECEIVED BY DECEMBER 5™
WARREN COUNTY PCB LANDFD.,L DETOXIFICATION PROJECT
NCSCO ID NO. 6095220110
1. How will ( can) the State award a contract for a value higher than the appropriated
funding at this time? And why is there a bond requirement for this project for full
contract value if the State doesn't have the project funded 100%?
A. The entire project will be awarded on the combined price for Phases I and II but Notice to
Proceed will only be given for Phase I work at this time. Provide bonds for Phase I now
and bonds for Phase II when requested by Owner. Include costs for the Phase I bonds
under Bid Item No. 1 and for the Phase II bonds under Bid Item No. 10. Phase II would
be awarded as change order based on bid price.
2. For proper mass balance calculations, Attachment #2 of the Bid Package states the
contaminated soil volume is 72,000 tons, which matches the Bid Schedule. Does this
quantity include the lime, asphalt, activated carbon, etc., or is this solely soil material?
A. The quantity is based on volume calculations so it includes all material planned for the
BCD process.
3. Question: Please clarify Article 23: Time of Completion. When will the
Owner's Consultant issue the written order for this project with respect to
the 270 calendar days? The 270-calendar schedule will not allow for design,
construction and remediation if issued after contract award.
(It was our understanding the schedule for this project and the delays subject
to liquidated damages would be based on the final approved schedule from the
Contractor. A preliminary schedule requirement for the project will be part
of the bid package for review and final negotiations.)
A: Time to completion is based on issuing a contract for Phase I only, since the contract
amount is limited to the current funding amount. When additional funding is approved
for Phase II, the Owner's Consultant will issue a change order to increase the contract
amount and the time for completion based on the contractor's bid.
4. It is stated that the contractor is to pay for sampling costs associated with the debris. Can
the State define a number of anticipated samples for bidding purposes?
A Bid Item No. 13 specifies 20 tons of debris, which are described in Section 01270.
Sampling requirements are based on acceptance criteria of the receiving facility.
Page 1 of 4
Warren County PCB Project-Question Set No. 1
5. The 270 calendar days stated as the period of performance, prior to the initiation of
liquidated damages, appears to be in conflict with other statements regarding project
completion by December 31, 2002. (Article 23 of Supplementary General Conditions)
Please clarify which is the true project schedule and exactly when the liquidated damage
clause will be initiated.
A . See Response No. 3.
6. Are the contractors expected to include in their price the $66,000.00 quoted for electrical
upgrade to the site?
A. Attachment 1 describes the electrical system already installed at the site. Bidders should
have noted the system during the site walk. This is a design/build contract and bidders
must provide any additional electrical service necessary for their processes, supp01t
facilities, and the perimeter air monitoring stations.
7. Has this work been done or is it our responsibility to coordinate installation after award?
A. See Response No. 6.
8. Is there a transf01mer at the electrical termination priced above?
A. Yes.
9. What voltage will be brought to within 120' of the site boundary?
A. There is 480 volt, 3-phase power at the site.
10. The treatment standard has been set for the LBCD process at 2 ppm PCB and this is a
perf01mance specification. Please define and or clarify what, when and how will the
determination be made to switch from payment under bid item #12 and the optional off-
site incineration unit rate.
A. Recovered oil must be treated to 2 ppm or less for payment under Bid Item No. 12. The
2 ppm standard removes the oil from TSCA and allows the recovered oil to be recycled
or otherwise re-used (e .g., waste fuel). Costs should include the most plausible form of
re-use. The Contractor will use best efforts at the time of recovery to find a beneficial re-
use for the treated oils. Should the Contractor be unable to find an acceptable facility, the
oil will be send off-site for incineration and the Contractor will be paid on a cost plus
basis in accordance with the contract documents . The off-site incineration option is
meant to address a lack ofre-use outlets in the market and is not intended as a substitute
for the on-site treatment ofrecovered oils .
Page 2 of 4
Warren County PCB Project-Question Set No. 1
11. Do Davis Bacon or prevailing wage rates apply? If so please provide ~he local wage
determinati ans.
A. No.
12. Section 2.5 Subcontractor Responsibilities: "Subcontractor employees working on-site
exclusively in the support zone (e.g. site preparation and site restoration activities) will
require the necessary training per 29 CFR 1910.120/1026.65 and participate in the drug
testing." IT interprets this to mean that the subcontractor personnel receive the site
orientation and HAZCOM training. Will the Owner require any additional training?
A. No.
13. Section 1.5 Scope of Work and Treatment Systems. Must all the diagrams listed in this
section be included in the HASP or can the HASP reference the design plans?
A. The diagrams can be referenced.
14. Table 6-2 Organic Vapor Readings: Sustained monitoring period consists of 20 readings
taken every 15 seconds. Should this read 15 minutes?
A. The question refers to a footnote on Table 6-2 of the Health and Safety Plan. The interval
should read 15 minutes. ·
15. Section 13 .0 Log, Repmis and Record Keeping: "Medical records shall be maintained on
site, in a locked area, as well as in the employer's office for their employees." Is the
medical clearance certification, signed by the attending physician, sufficient to meet the
statement, or must each employees full medical file be maintained on-site?
A. The certification is sufficient.
16. The revised specification section 11400 in the RFP requires treatment of the process
condensate aqueous phase to either 0.2 or 0.5 microgram/liter, depending on which
revised subsection requirement is used. This is I 000 times lower than the original design
specification. There is no established basis for any specification on the PCB content of
this water, either in the State law mandating the site's cleanup or in a specific regulatory
requirement. We know of no basis for having such a low numerical specification on
process condensate that is going to be reused for soil cooling water supply. Please either
eliminate this requirement or change this requirement back to the original requirement of
200 microgram/liter.
Page 3 of 4
Warren County PCB Project-Question Set No. 1
A. The condensate treatment limit will be set in the TSCA permit. In preliminary
discussions with the NCDENR, EPA stated that the treatment limit will be 0.5 ug/1 (40
CFR 761 .79 (b)(l )(iii)). This will likely be the Performance Standard unless the
Contractor can negotiate a higher level. Addendum No. 2 will clarify the limit as 0.5
ug/1.
17. Will the Contractor be allowed to manage secondary waste streams generated from the
CBCD and LBCD processes off-site? Will the State of North Carolina sign manifests
moving these secondary waste streams to approved, off-site facilities?
A. Treated oil and debris are designated for off-site disposal once the Contractor has attained
the relevant treatment standards. Manifesting is described in Section 02223. Used PPB
and trash will also go off-site for disposal. Any other "secondary" waste streams, such as
emissions control residuals, are expected to be treated on-site unless otherwise approved
by the Owner. There may be a small quantity of secondary waste streams at project
completion that cannot be treated on-site which will require off-site disposal but the
intent of the contract is for all waste materials to be treated on-site unless othe1wise
specified.
18. What happens if the design and performance phase for the specified treatment criteria fail
to meet the treatment goals established by the project?
A. Bidders have been short-listed based on their demonstrated experience in treating similar
materials using the BCD process and other thermal treatment methods. Bidders have
been provided with pilot-scale treatability testing for site soils (Attachment 3). The
Cori.tractor must design a system to satisfy the project requirements and will only be paid
for those materials that meet the Performance Standards. Failure to meet the .
Performance Standards will not be considered a basis for change order unless the
Contractor can demonstrate extreme extenuating conditions. Perf01mance bonds are to
cover the entire cost of the work.
19. \\That is the remedy for the Liquid BCD phase of the performance testing if the LBCD
process fails? What are the performance requirements for the treated liquids from the
LBCD process?
A. See Response No. 10.
Page 4 of 4
Warren County PCB Project-Question Set No. 2
RESPONSE TO BIDDER QUESTIONS RECEIVED BY DECEMBER 11 th
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
NCSCO ID NO. 6095220110
1. Bid Item #7 Community Outreach Program, paragraph 2 .. c., How many monthly progress
reports will the Contractor be required to prepare for the community?
A Assume one a month from February 2001 through December 2001 .
2. Will the Contractor or the State be responsible for media management activities? If
Contractor, to what extent?
A The Owner will coordinate media management activities . The Contractor will assist the
Owner in providing relevant project inf01mation to the media, using materials similar to
those provided to the community.
3. Define "incidental work" as called out in Bid Item #7 Community Outreach Program,
paragraph 2.g.
A The primary work is described under paragraphs 2.a through 2.f. Incidental work is related
items that fall within the general scope of work but are not specifically defined. · It is not
intended to be a significant cost item.
4. Bid item 1-2(c). What specifications describe the scope of the water treatment pe1mit?
A The contractor must define and obtain any water treatment permits necessary for operation of
their system.
5. Bid item 1-2(g). Perimeter ambient air standards -how were they established by the state?
A The question is not relevant. The standards are set.
6. Bid item l-2(g). Perimeter ambient air standards -has the state pe1formed an analysis to
dete1mine the detection levels that can be demonstrated using the required sampling and
analysis methodologies and are the detection levels below the ambient air standards?
A Yes.
7. Bid item 1-:-2(g). Perimeter ambient air standards -have they been compared to background
levels at the Warren County site?
A Background levels will be established by the Owner's Consultant prior to construction.
Page 1 of7
Warren C.ounty PCB Project -Question Set No. 2
8. Bid item 1-2(g). Perimeter ambient air standards -have they been compared to standards at
other sites?
A. The question is not relevant.
9. Bid item 1-2(g). Perimeter ambient air standards -how will background levels be used in
determining compliance with standards during site operations activities at the Warren County
site?
A. Perimeter air standards will be raised by the calculated background levels.
10. Bid item 1-2(g). Perimeter ambient air standards -what is the time duration of the period for
establishing background levels at the Warren County site?
A. This is not part of the contractor's scope of work.
11 . Bid item 2-3(b). Perimeter ambient air monitoring equipment excluded from contractors
scope of work. Conflicts with Specification 02100-2 which requires contractor to install
perimeter ambient air monitoring stations.
A. The Owner's Consultant will purchase and operate the equipment, the contractor will install
the stations and provide power.
12. Bid item 2(g). Air Monitoring Plan. Is anything required for perimeter monitoring since
Earth Tech is responsible for implementing Perimeter Air Monitoring program?
A. See Response No. 11 .
13 . Bid item 3. Performance demonstration test -will the state allowing spiking with a sunogate
other than PCBs that may be more readily commercially available?
A. The state does not have TSCA authority. The contractor must determine any spiking
allowances as pai1 of their TSCA permit with EPA.
14. Bid item 3. Perf01mance demonstration test -Spiking with PCBs may be required per the
performance demonstration plan . Will the state indemnify the supplier of the PCB spiking
materials for all claims related to disposal of residuals from the performance test?
A. Residuals from the performance demonstration are the responsibility of the contractor and
must be handled in accordance with TSCA. Associated costs must be included in the bid
amount.
15. Bid item 3-2(k). Does oversize and metallic material have to be deconned in accordance
with 40 CFR 761 or can it be disposed of in a Subtitle C landfill?
A Bids must be based on the specifications.
Page 2 of7
Warren County PCB Project-Question Set No. 2
16. Bid item 4-2(b ). What at the required procedures for performing the CEM calibrations?
A. These will be established by the contractor and EPA in the TSCA permit.
17. Bid item 5 & 6. These items conflict with the state's stated intention to allow interim
operations after performance demonstration if performance standards are met.
A. These are optional bid items in case there is no funding for Phase II and the project must be
te1minated. Bid items 5 and 6 are not to be included in the Base Bid.
18 . Bid item 5, 6 and 9. How are these to be addressed from a schedule standpoint, pruticularly
as related to liquidated damages?
A. These are optional items and are not included in the Contract Time.
19. Bid item 5. Does the state anticipate demobilization after the performance test. If so, how is
contractor paid remobilization.
A. The contractor should plan on getting interim operation if they satisfactorily perfo1m the
shake-down testing and performance demonstration.
20. Bid item 5. Scope of work not described in specifications. What is state's rationale for
including this item?
A. See Response No. 17. The scope of work is described in Section 01270.
21. Bid item 6. Scope of work not described in specifications. What is state's rationale for
including this item?
A. See Response No. 17. The scope of work is described in Section 01270.
22. Bid item 7. Are there two open houses or one? (Completion of construction and completion
of demo test are near the same time).
A. Bidder will allow for two open houses, one following construction and one thereafter.
23 . Bid item 11 . 11/30/00 Addendum, Attachment 2. Does the 72,000 tons of contaminated soil
include the lime, activated carbon and asphalt or are they in addition to the 72,000 tons?
A. The materials are included in the 72,000 tons.
Page 3 of7
Warren County PCB Project-Question Set No. 2
24. Bid item 11. Does the estimated 72,000 tons of material (Attachment 2, Nov. 30 2000
Addendum) to be treated include only those items specified for BCD treatment on Drawing
C-13?
A. This is the best estimate of total material to be treated, realizing that the extent of clay at the
base of the landfill or the quantity of sediments in the ponds have not been defined.
Quantities are not guaranteed.
25. Bid item 11. Does the estimated 72,000 tons of material (Attachment 2, Nov. 30 2000
Addendum) to be treated include sediment from the existing (unlined) and new (lined)
stormwater ponds?
A. See Response No. 11 .
26. Bid item 11. Waste quantity takeoffs listed in the Site Operations Work Plan (pages 25-26)
and on Drawing C-13 are not consistent. Which ones are correct?
A. Use the 72,000-ton quantity.
27. Bid item l l-2(dd). Can the contractor elect to treat these streams without sampling them if
they would obviously exceed treatment standards (i .e., filter cake).
A . Yes .
28 . Bid item l 1-2(ee). How will the state choose which of the several hundred potential air toxic
compounds specified in the NC Air Toxics regulations must be addressed in the air quality
pe1mit? ·
A. The contractor must submit all required application materials and negotiate any necessary air
pennits based on anticipated emissions from their process. Untreated soil and treatability
emissions data are presented in the Pilot-Scale Test Report (Attachment 3 of the program
documents). Department of Air Quality information can be found at:
http://daq.state.nc.us/
29 . Bid item 1 1-2( ee). ls a NC DEHNR air permit required or does the contractor meet ARARs?
A. This is not a Superfund site. See Response No. 28 .
30. Bid item l l-2(ee). What dispersion model must be used to prepare the NC DEHNR air
quality pe1mit and what is the scope of the dispersion modeling?
A. See Response No. 28.
Page 4 of7
Warren County PCB Project -Question Set No. 2
31 . Bid item 11-2(ee). Will the state air permit require monitoring for any parameters other than
those listed in the Air Monitoring Plan?
A. The contractor will determine the required monitoring parameters when they obtain any air
or other permits. The Owner is not the permit generator.
32. Bid item 11-2(0) -Spec 01010, page 5 requires stormwater to be treated to 1 ppb for PCBs.
Bid Item 11-2(0) requires standard of 0.5 ppb. Which is correct?
A. The treatment standard for stormwater and aqueous phase condensate is 0.5 ug/1 unless
otherwise modified by the TSCA permit.
33. Bid item 11-2(u). Is surveying required to control thickness of 6" clay layer excavation?
What are tolerances on layer thickness?
A. Surveying is not required. The Owner's Consultant will confirm the extent of excavation
based on a pocket level, yardstick, or equivalent field measurement. The intent is to
minimize over-excavation of the clay layer.
34. Bid item 11-2(v) and Final Verification Confirmation Sampling Plan -are immunoassays
capable of determining pass/fail at concentration of 200 ppb for PCBs?
A. The immunoassay verification samples are meant to provide rapid, in-the-field indications of
whether additional excavation is necessary. Confirmation of the Performance Standard will
be based on EPA Method 8082. The immunoassays are therefore only for the convenience of
the contractor in making field decisions and are discretionary.
35. Bid Item 11-3(j) Are there minimum or maximum amounts of BCD reagent that must be
used in the CBCD process (2-5%?)
A. No, operate system in accordance with the BCD license and applicable pe1mits.
36. Bid item 11-3(y). Will the state of North Carolina indemnify the contractor for all claims
relative to groundwater impacts and other natural resources damages resulting from the use
of the chemical reagents required by the BCD process?
A. The Owner will not provide a blanket indemnification. The contractor is required to operate
the system and any associated reagents and residuals in a manner that does not adversely
impact the environment. The contractor will be indemnified for materials that meet the
Perfo1mance Standards and have been approved for placement back in the landfill.
37. Bid item 13. How will the state differentiate payment for debris that can be landfilled versus
material that may require incineration?
A. Oversized and incompatible materials should be decontaminated for disposal in a Subtitle D
landfill. No mate1ials are designated for incineration.
Page 5 of7
Warren County PCB Project-Question Set No. 2
38. Bid item 13 . Is cleared and grubbed material for offsite disposal included in the debris
quantity estimate (20 tons) in the bid sheet? See Specification 02100, Item 3.04 (implies
incidental expense).
A. Section 02100 was replaced in Addendum No. 1. There is no grubbing of the landfill.
Clearing debris would primarily result if the contractor increased the existing footprint onto
county lands. Any clearing debris (e.g., trees) is to be disposed of by the contractor at his
expense. See Section 0 1800, Part 3. 02 A and Addendum No. 2.
39. Bid item 13 . Is clearing & grubbing debris T&D specifically excluded from payment per
Spec. 02100, Article 3.04?
A. See Response No. 38.
40. Bid item 13 . What specific types of oversized and incompatible debris that are required to be
disposed of offsite are included in this pay item? (Note to WRS team: see extensive list of
types of materials under "Solid Waste Estimate" spreadsheet.)
A. All. Materials cannot go in the landfill unless they have been treated. Payment for off-site
disposal is on a unit rate.
41. Drawing R-1 -What criteria will be used for removal of haul roads (sampling and analysis,
method of disposal of materials, measurement & payment, etc.)
A. Contractor will return area around haul roads to original conditions, to be assessed by visual
inspection. Haul roads should be designed and constructed to level necessary for access and
egress of loaded trucks but also knowing they are temporary. Analytical requirements and
disposal options for the haul roads will be given in Addendum No. 3. Include removal costs
in Bid Item 16, Site Restoration.
42. Has any of the civil and engineering data been sealed by a NC Professional Engineer
through the phases of work prepared by ETG/BF A?
A. No. The design is conceptual. The contractor must prepare a design that will attain the
Performance Standards in a manner consistent with the program documents.
43 . Will NCDENR require a Water Permit for the Warren County project?
A. Under a design/build contract, the contractor must determine what permits are necessary for
his equipment and processes.
Page 6 of7
Warren County PCB Project -Question Set No. 2
44. Can the State provide the data package for the digital topo, property boundary and
roadway alignments after award? This will save cost on re-surveying for baseline at site.
A. The topo on drawing C-1 will be provided as an AutoCad file to the contractor following
award. That survey was performed by Aiken & Yelle Associates, PA of Raleigh and was
certified by Harold Yelle, L-2575, on September 9, 1999.
45. Is there a specific requirement for final grade elevations to be achieved during site restoration
after project completion?
A. See Drawing R-1. Final grades should match surrounding grades and not allow ponding of
water unless otherwise specified.
Page 7 of7
Warren County PCB Project -Question Set No. 3
RESPONSE TO BIDDER QUESTIONS RECEIVED BY DECEMBER 15th
WARREN COUNTY PCB LANDFILL DETOXIFICATION PROJECT
NCSCO ID NO. 6095220110
1. Can the State please provide a standard price for No. 2 fuel oil as the basis for bid item #11?
A See Addendum No. 2. The prices for fuel oil and propane included in the revised Form of
Proposal issued in Addendum 2 were based on quotes from local vendors obtained by the
owner's consultant plus 20%. Bidder may be able to obtain a lower price based on volume or
other conditions. The Owner will consider modifying these prices if the bidder can provide a
quote from a source that you would potentially obtain fuel from for the project. The quote
must be provided to the Owner by fax by COB, Monday, December 18 to be considered.
The Owner will indicate on Tuesday, December 19 as to whether or not a change in the Fmm
of Proposal is warranted.
2. Has the State identified any outlets for the treated oils?
A No, this is the responsibility of the contractor.
3. Based upon experienced EPA permit review periods, the schedule provided previously, as
well as the state's time line to complete Phase I, it appears to require no less than 12 months.
Is it the States intent to charge liquidated damages upon themselves based upon something
out of the contractor and state's control? We request the 270 days be extended to at least 360
days as a more reasonable reflection of the 4 to 6 month EPA review requirement that drives
this schedule.
A The 270-day time period only covers the contractor's work. EPA or other agency review
time does not count towards the Contract Time.
4. What provisions are available to us and NCDENR to protect Confidential and Proprietary
Business Information that has been requested with the RFP response? In particular, we are
concerned that the Process Flow Diagram and Master Equipment List will not be maintained
confidential. We would like to submit accurate information, but this will be difficult if it
must be kept in a fmmat suitable for the Public domain.
A The contractor should clearly identify any documents that he feels are confidential and
provide a rationale as to why these documents should be protected. If the Owner feels such
confidentiality claims are legitimate, the documents will be maintained in a separate file
away from public access. See the North Carolina General Statute § 132-1.2, Confidential
Information, and Addendum No. 3. The Owner has no control over what documents EPA
may make public.
Page 1 of2
Warren County PCB Project-Question Set No. 3
5. Other than including liquidated damages in the Phase I work, how is NCDENR making
assurance that the offerer's equipment will be available for mobilization to the Warren
County project? Are any other certifications being requested of the offerer's?
A. Under a design/build contract, the contractor is obligated to supply the equipment, materials,
and labor specified in their design. There are no other certification requirements .
6. Reference page 33, Property Insurance, paragraph c, first sentence: Please define "full
insurable value thereof', AND will an Installation Floater with $1 M limit be sufficient?
A. This requirement was deleted in Addendum No. 2.
7. If the clay liner is contaminated below the initial 6" removal, will the State address the
additional contamination as a Change in Scope with a Change Order?
A. No. The contractor will be paid the unit rate given in Bid Item No. 11.
Page 2 of2
@ !!!1,ure & Environment, Inc.
December 15, 2000
Pat Backus
Department of Environmental and Natural Resources
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
Subject: Alternative Contract Language
Reference: Warren County PCB Landfill Detoxification
Dear Ms. Backus:
Corporate Office:
221 Hobbs Street, Suite 108
Tampa, Florida 33619
[phone]
Fax: [phone]
WRS Infrastructure & Environment, Inc., ("WRS") appreciates not only being pre-
qualified to participate in this solicitation but also the opportunity to potentially play a major role
in this most important environmental cleanup action. WRS has examined all bid documents and
data provided to us. Additionally, WRS and key personnel from our team attended the mandatory
pre-bid meeting held in Raleigh last week. However, the release of your memorandum dated
December 6, 2000, which describes the many files associated with the Warren County PCB
landfill, which really needs to be reviewed prior to our proposal submittal has left us with an
insufficient time to thoroughly complete our due diligence before the required December 22,
2000 due date. For this reason, WRS respectfully requests that the NCDENR consider granting a
short time extension for the receipt of bids to allow for proper time to schedule and review the
subject files.
Furthermore, and possibly more importantly, after thoroughly reviewing the contract
provisions and technical specifications it is evident there does not exist a remedy available for
successfully cleaning up the site should the BCD technology fail to meet the desired performance
standard. WRS fully understands the intent of the contract and is completely committed to
implementing the BCD technology in accordance with the BCD patents and permits. However, I
think we can all agree that though BCD has been successfully demonstrated in a laboratory
setting there only exists very limited success implementing BCD in a full and open field
environment. The site-specific constituents and chemistry organics make forecasting the success
of using BCD extremely difficult. It is for this reason that WRS respectfully requests you
consider modifying the contract language to include a fair and equitable remedy that will allow
the contractor to successfully complete this contract should the BCD not reach the performance
standard.
WRS as a nationally recognized environmental remediation contractor is certainly
prepared in the performance of the work to shoulder an equitable distribution of the liability
predicated on an identifiable assumption of the risk. However, the contractually required cleanup
technology (LBCD) is an emerging, no,n-mature technology. WRS fully understands and believes
it is not the intent of NCDENR to unduly burden any contractor but the present language in the
contract document appears to distribute an unfair burden of the risk and liability to the contractor
if after a good faith effort by the contractor the technology fails to meet the performance standard
in the field. The current contract language and technical specifications are prohibitive with
respect to providing a contractually legal remedy for disposing of the waste should the technology
not meet the performance standard. As the contract language and technical specifications
currently exist, WRS as a small business, is burdened with making a very important business
decision with respect to being able to risk the possibilities of being associated with the
performance of this project. WRS must consider the risks to the company of attempting to utilize
a technology with limited proven success in the field.
To this end, WRS respectfully requests that NCDENR consider the following language
changes that serve to better distribute the allocation of risk based on the technical difficulties of
this most important project.
a.) Article 42-Guarantee. paragraph c.,
change six ( 6) years to two (2) years and change ten ( I 0) years to two (2) years.
b.) Article 44 -Indemnification.
Add a paragraph ( c) in Article 44 of the Supplementary General Conditions that
reads as follows. "Design/builder shall not be held liable for any release of a
hazardous substance arising out of the performance of this contract, including any
actual or potential environmental pollution or contamination. including, without
limitation, any actual or threatened release of toxic. irritant. pollutant, or waste gases.
liquids. or solid materials. or failure to detect or properly evaluate the presence of
such substances. except to the extent such release. threatened release. or failure to
detect or evaluate is caused by the Design/builder's negligence or willful
misconduct."
c.) Add an Article 50 -Limitation of Liability:
Neither party shall be liable to the other whether based in contract. in tort (including
negligence and strict liability), under wananty, by statute, or otherwise. for any
special. indirect. incidental. or consequential loss or damage whatsoever, or for
damage to or loss of property or equipment. loss of use of equipment, cost of capital,
loss of profits or revenues or the loss of use thereof.
Moreover, we ask that you add a Technical Remedy that does not result in a termination
for default or a claim or lien upon the contractor's bond if during the Demonstration Phase the
technology fails to achieve the desired results after the good faith efforts of the Contractor. We
propose the following language:
Technical Remedy:
The contractor shall implement the BCD technology in accordance with the BCD license
agreements, applicable patents and permits and satisfies best engineering practices as required by
Federal, State and local permits, regulations and codes. The contractor shall make a best effort
attempt to utilize the BCD process specified in order to achieve the treatment standards. Best
efforts shall consist of the following: The contractor shall design and supply a process following
the recommendations of the BCD group. BCD group shall submit stochiometery for reagents and
processes hold times. The contractor shall follow the recommendations and perform the BCD
process on the residuals. In the event that the treatment standards for the residuals are not met, the
BCD group shall recommend a new chemistry or hold times that shall not exceed 50% greater
than the first assumption. If the treatment standards cannot be attained using the new chemistry
and hold times the following will define the maximum best effort: Treatment of the concentrated
residues twice using the original recommended chemistry and process hold times.
The contractor shall not be held to the treatment standards if the aforementioned best
efforts have been used and the treatment standards cannot be met. The process residues following
the best effort approach shall be sent for disposal to an approved incinerator and paid in
accordance with the incineration bid line item. The contractor shall guarantee a total quantity for
residual disposal based on the quantity of oil identified in the bid documents.
The above language is respectfully requested to be added to the supplementary
conditions.
As an alternative to making payment in accordance with the incineration bid line item,
the State may choose to require the contractor to quantify the maximum quantity of residuals that
would be incinerated off site. This is a quantifiable risk to the contractor.
Thank you in advance for your consideration of the aforementioned requests. Certainly if
the above-mentioned language changes are unattainable, WRS would certainly appreciate the
opportunity to discuss in greater detail our concerns in the hope of reaching mutually agreeable
alternatives.
I look forward to hearing from you at your earliest convenience as time is of the essence.
~t-~L-
Joe~ _ __,J
Manager, Business Development
Sincerely,
WRS Infrastructure & Environment, Inc.
~7~?~
Luke A. Frantz, P.E.,
President/CEO
JAMES 8 . HUNT JR.
GOVERNOR
• BILL HOLMAN
SECRETARY
I WILLIAM L. MEYER
DIRECTOl'I
Mr. Joseph Gunn
Manager, Business Development
WRS Infrastructure & Environment, Inc.
221 Hobbs Street, Suite 108
Tampa, FL 33619
Dear Mr. Gunn:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
December 19, 2000
Thank you for you letter of December 15 listing several requests from the WRS team
Your first request concerns the extension of the cJosing date in order to review the files
listed in the memo distributed at the December 6 pre-bid meeting. These materials are public
records and, while not formally listed, have always been available for review. The possibility of
reviewing files and documents was mentioned at the site visit meeting on November 9 and at other
times prior to the pre-bid meeting. Other bidders have reviewed some of the materials. Their
visits were prior to the pre-bid meeting and brief. Since the memo was issued, only one person
bas requested to review material. Gordon Strout of Arcadis requested a copy of the PCB Landfill
Topographical Survey with the land surveyor's seal and signature. His visit was extremely brief,
. less than IO minutes, and he did not indicate an interest in viewing other files or documents.
While your Jetter states that this information is needed by WRS to thoroughly complete
due diligence, no other person from the WRS team bas indicated an interest in reviewing the
material . An extension does not appear to be warranted.
Your second request concerns changing language in the General Conditions. For. this
request I had to contact the State Construction Office. They prefer not to change General
Conditions unless there is a compelling reason .
The number of years listed Article 42 (c) are taken from Consumer Protection Laws.
They have considered eliminating this from the General Conditions in the past because the same
protection is provided under those laws. lfthese changes were made, the state would still have the
option to use the Consumer Protection Laws and get the same guarantee as originally stated. Also
this article is not appear to be applicable as indicated in Question Set 4.
The language of paragraph (c) to Article 44, provided a similar response from State
Construction. They stated that no one could indemnify himself against state or federal laws. The
addition of this paragraph would not prevent the contractor from being liable under state and
federal environmental laws. They also chose to reject the addition of an article on the Limitation
of Liability. (Note: There already exists an Article 50 -Local Resources.)
Finally, concerning your suggestion of a technical remedy and the language suggested. 1
do not feel that your suggestion is appropriate for several reasons. First, it would be inappropriate
to require all bidders to consult with the BCD Group, a member of the WRS team. All bidders
provided BCD technology experience in their Statements of Qualifications. It should be their
decision to contact the BCD Group if they determine it is warranted.
1646 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1646
401 OBERLIN ROAC, SU_ITE t SO, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL O,.,.0RTUNITY I AFFIRMATIVE ACTION EMPLOYER • SO% RECYCLE Cit 0% ,.OST-CONSUMER PAPER
Second, should the WR.S team be the contractor and this language included, it would remove from
the state its privilege, as owner and customer, to assess whether the remedy is appropriate or if best efforts
have been undertaken by the contractor. By this, WR.S would be judging their own performance and the
state would loose any recourse if their opinion differed. This is not acceptable to the state.
Thirdly, as you stated, the unknown site-specific constituents and their effect on the BCD
technology make forecasting the success of using BCD difficult. For the same reason I believe that is also
difficult to predict a specific remedy at this time. Your technical remedy is specific and indicates you know
what the effect of the unknowns would be. There would be no problem solving efforts to consider the
actual field conditions. If your technical remedy did not work it would not necessarily indicate that the
BCD process does not work. Nor would it provide any information to make an informed decision should
the bottleneck be an engineering rather than chemistry problem. I do not want to agree to a specific solution
prior to the identification of a specific problem.
The state has indicated both verbally and through the inclusion of a statement about off-site
incineration of the liquid process residues that we will work with contractors if there are problems. Our
primary objective is to detoxify the site so that it will no longer be a stigma for the citizens of Warren
County. Performance bonding is a statutory requirement for all state construction contracts. From my
limited knowledge of bonding, I understand that calling in a bond is a very serious decision and should be
made only when there appears to be no other recourse.
I do appreciate your questions because they always provide me a learning experience. If you wish
to discuss these matters further, please feel free to contact me.
cc: Mike Kelly
Jim Cloonan
Bill Davis
Sincerely,
Patricia M. Backus, P.E.
PCB Landfill Project Manager
SECTION 01270
MEASUREMENT AND PAYMENT
PART 1 GENERAL
SECTION 01270
MEASUREMENT AND PAYMENT
1.01 REQUIREMENTS INCLUDED
A. This section identifies Bid items by number and lists applicable Specification sections and method of payment
and measurement.
B. Provide labor, materials, equipment, supervision, and other services to construct each Bid item as required
by Contract Documents.
1.02 DESCRIPTION OF BID ITEMS -PHASE I
A. Bid Item No. 1: Design/Permits/ Mobilization.
1. Materials and installation as described below.
a. General Provisions.
b. Section 01050: Field Engineering and Surveying
C. Section O 1060: Regulatory Requirements
d. Section 01065: Permits and Fees
e. Section O l 100: Special Project Procedures
f. Section 01230: Waste Management and Disposal
g. Section 01311 : Project Schedule
h. Section 01340: Shop Drawings, Working Drawings and Samples
i. Section 01380: Project Photographs
k. Section 01410: Testing Laboratory Services
l. Section 01570: Traffic Safety & Regulations
m. Section 01730: Operating and Maintenance Data
n. Other sections containing appurtenant and incidental Work
2. Include cost of:
a. Layout drawings, design drawings, equipment specifications
b. Surveys
c. Air permit, water treatment permit, TSCA permit for shake-down, performance demonstration
and operations and all other necessary permits
d. Community Involvement Plan
e. Project Health and Safety Plan
f. Performance Demonstration Plan
g. Air Monitoring Plan
h. Site Operations Work Plan
i. Construction Quality Assurance Plan
j. Final Verification/Confirmation Sampling Plan
k. Emergency Response Plan
l. Job preparation and administration
m. Temporary Structures
3. Does not include cost of:
a. Work included with other bid items
November 2000 01270-1 Warren County PCB Remediation
b. Revised TSCA permit for landfill
4. Measurement for Payment:
a. Submit Schedule of Values for each item or combination of items totaling up to the lump sum
bid amount.
b. Monthly, proportional to the certified percent complete as approved by the Owner's Consultant
for each item identified in the schedule of values.
5. Payment:
a. Monthly proportional to the certified percent complete as approved by the Owner's Consultant
up to 95 % of the amount for each item identified in the schedule of values.
b. Final 5% after final acceptance by the Owner's Consultant.
B. Bid Item No. 2: Site Preparation and Construction
1. Materials and installation as described below.
a. Section 01500: Temporary Facilities and Controls
b. Section 01560: Temporary Environmental Controls
c. Section 01569: Environmental Protection
d. Section 01590: Facilities and Services
e. Section 01600: Material and Equipment
f. Section 01800: Miscellaneous Work and Cleanup
g. Section 02050: Demolition
h. Section 02100: Site Preparation
1. Section 02200: Earthwork
j . Section 02210: Site Grading
k. Section 02220: Excavating, Backfilling and Compacting
I. Section 02221 : Monitoring Well Abandonment
m. Section 02232: Road Base
n. Section 02240: Stabilized Subgrade
o. Section 02500: Paving and Surfacing
p. Section 02513: Equipment Foundation and Slab on Grade
November 2000
q. Section 02660: Water Distribution System
r. Section 02720: Drainage Structures, Pipe and Fittings
s. Section 02750: HDPE Geomembrane Liner
t.
u.
V.
w.
X.
y.
z.
aa.
bb.
cc.
dd.
ee.
ff.
gg.
Section 02751 :
Section 02830:
Section 03010:
Section 03100:
Section 03200:
Section 03262:
Section 03300:
Section 03345:
Section 03480:
Section 03483:
Section 03600:
Section 03610:
Section 05120:
Section 05140:
Geotextiles
Fences and Gates
Concrete Work
Concrete Fonnwork
Concrete Reinforcement
Concrete Joints and Waterstops
Cast-In-Place Concrete
Concrete Finishing and Curing
Concrete Surface Sealer
Precast Concrete Structures
Grout
Floor Grouting
Structural Steel
Structural Aluminum
hh. Section 05500: Miscellaneous Metals
ii. Section 07920: Joint Sealers, Fillers & Gaskets
jj. Section 09900A: Painting -Non-Architectural
01270-2 Warren County PCB Remediation
kk. Section 09905: Piping and Equipment Identification System
II. Section 11000: BCD Detoxification System
mm. Section 11100: Material Preparation System
nn. Section 11200: Continuous Base Catalyzed Decomposition System (CBCD)
oo. Section 11210: Continuous Vapor Recovery System (CBCD-VRS)
pp. Section 11220: Flameless Thermal Oxidizer
qq. Section 11230: Fuel Oil System
rr. Section 11240: Propane Tank and Piping
ss. Section 11250: Continuous Stack Monitoring System
tt. Section 11260: Nitrogen Supply System
uu. Section 11300: Batch BCD Desorber System
vv. Section 11400: Process Condensate Separation Aqueous Phase Treatment System (PCSAPT)
ww. Section 11410: Filter Press
xx. Section 11420: Plant Air System
yy. Section 11500: Liquid BCD System (LBCD)
zz. Section 11600: Process Monitoring System
aaa. Section 11700: Stormwater Pumping and Treatment System
bbb. Section 13120: Pre-Engineered Metal Building
ccc. Section 13200: Process Tanks
ddd. Section 15044: Piping Materials, Designation & Testing
eee. Section 15062: Piping and Fittings
fff. Section 15066: Stainless Steel Pipe and Fittings
ggg. Section 15071: Polyvinyl Chloride (PVC) Pressure Pipe
hhh. Section 15072: Polyvinyl Chloride (PVC) Gravity Stormwater Pipe
iii. Section 15090: Chemical Feed System Piping
jjj. Section 15100: Valves and Specialties -General
kkk. Section 15126: Hangers and Supports
Ill. Section 15127: Piping Expansion Joints
mmm. Section 16000: Basic Electrical Requirements
nnn. Section 16216: Diesel Engine Driven Generator
2. Include cost of:
a. Protecting existing utilities, site objects, and new Work which are to remain in service after
completion of new sewers and appurtenances
b. Establish utilities to site; electric, water main, telephone, fire protection and sanitary
c. Construct a watermain from S.R. 1604 to the PCB process area.
d. Coordinate the installation of commercial service from Carolina Power & Light
e. Clear trees, strip, grub and stabilize stockpile, existing pond and process areas
f. Site grading to design contours
g. Removal of existing site fencing around landfill and installation of perimeter fence
h. Removal of existing overhead lines
i. Removal and disposal of existing gas vent
j. Install stormwater management systems and erosion control devices
k. Construct an access road and stormwater management system on the western side of the PCB
process area and connect to existing access road
I. Construct access roads around site
m. Construct equipment decontamination areas
n. Provide and install perimeter chain-link fence and gates
o. Pump water from existing pond
p. Test and remove pond sediments
q. Dewater and stock-pile pond sediments
r. Excavation of existing stormwater pond area and grading to design contours
s. Construct new lined stormwater pond with HDPE liner, pumping station and piping
t. Provide and install the stormwater collection system for the PCB treatment area
November 2000 01270-3 Warren County PCB Remediation
u. Construct material process pad, material preparation and handling areas, and stockpile areas
v. Provide and install temporary barrier walls in treated material storage area
w. Provide and install the stormwater pumping system, force main and treatment equipment
x. Provide and install construction trailers to include an office trailer for contractor, an office
trailer for the Owner's Consultant, a decontamination trailer for employee use, an off-duty
trailer for employee use, an electrical distribution trailer, a control trailer, and parts trailer as
needed
y. Supply and install a guard shack
z. Abandon 9 monitoring wells MW-S(S), MW-S(D), MW-l(A), MW-11, MW-12, MW-7(S),
MW-7(D), MW-3(D), MW-3(s) in accordance with NCDENR requirements
aa. Protect MW-2 during site preparation and operations
bb. Provide and install BCD process fuel tank(s)
cc. Provide and install auxiliary fuel tanks for vehicles, generators
dd. Provide and install nitrogen tanks and distribution system
ee. Provide and install treatment chemical storage tanks
ff. Provide and install cooling tower and heat transfer fluid utilities
gg. Provide and install connect and test all ancillary equipment, including air compressors,
instrument air systems, UPS systems
hh. Provide and install electrical distribution system to power all electrical components including
site lighting, stormwater pumping system, construction trailers, and air monitoring stations
ii. Provide an emergency power generator to provide power to critical process equipment and site
areas
jj. Provide and install Base Catalyzed Desorption (BCD) process(es) for soil treatment
kk. Provide and install process condensate separation and aqueous or liquid phase treatment system
11. Provide and install vapor phase treatment systems
mm. Provide and Construct a pole barn or similar structure for maintaining dry conditions in the
blended contaminated stockpile area
nn. Provide and Construct a pre-engineered metal building or similar structure to house the process
condensate separation and aqueous phase treatment systems
oo. Install, calibrate, certify process feed weigh scale for BCD process quantity determination
pp. Install all instrumentation and controls
qq . Test motors, pumps, equipment, instrumentation and process monitoring system
rr. Test and demonstrate all A WFCO interlocks on BCD system to verify that A WFCO will occur
if operating conditions are outside of the accepted set-points
ss. Provide quality assurance and quality control inspections/testing and monitoring
3. Does not include:
a. Work included in other bid items
b. Provide and install perimeter air sampling stations
c. Operate, sample and analyze perimeter air monitoring stations for baseline, performance
demonstration or duration of site operations
d. Revised TSCA permit for landfill
e. Sampling and analysis of pond sediments
4. Measurement for Payment:
a. Submit Schedule of Values for each item or combination of items totaling up to the lump sum
bid amount.
b. · Monthly, proportional .to the certified percent complete as approved by the Owner's Consultant
for each item identified in the schedule of values.
5. Payment:
November 2000 01270-4 Warren County PCB Remediation
a. Monthly proportional to the certified percent complete as approved by the Owner's Consultant
up to 95% of the amount for each item identified in the schedule of values.
b. Final 5% after final acceptance by the Owner's Consultant.
C. Bid Item No. 3. Performance Demonstration.
1. Materials and installation as described below.
a. Section 02220: Excavating, Backfilling and Compacting
a. Section 11000: BCD Detoxification System
b. Section 11100: Material Preparation System
c. Section 11200: Continuous Base Catalyzed Decomposition System (CBCD)
d. Section 11210: Continuous Vapor Recovery System (CBCD-VRS)
e. Section 11220: Flameless Thermal Oxidizer
f. Section 11230: Fuel Oil System
g. Section 11240: Propane Tank and Piping
h. Section 11250: Continuous Stack Monitoring System
i. Section 11260: Nitrogen Supply System
j . Section 11400: Process Condensate Separation Aqueous Phase Treatment System (PCSAPT)
k. Section 11410: Filter Press
1. Section I 1420: Plant Air System
m. Section 11500: Liquid BCD System (LBCD)
n. Section 11600: Process Monitoring System
o. Other sections containing appurtenant and incidental Work.
p. Performance Demonstration Plan (March 2000)
2. Include Cost of:
November 2000
a. Air monitoring of work zones.
b. Personnel monitoring, sampling and analysis in accordance with Health and Safety Plan.
c. Implement dust control measures as required to meet perimeter monitoring requirements.
d. Clear vegetative layer as required to access PCB soils for shake-down and performance
demonstration.
e. Expose representative soils in landfill
f. Excavation of PCB contaminated materials in accordance with excavation plan.
g. Screening and sampling of PCB excavated materials in accordance with the Performance
Demonstration Plan and Final Verification/Confirmation Sampling Plan.
h. Clean soil demonstration tests for the CBCD system.
i. Mechanically screen all excavated PCB contaminated material.
j. Magnetically separate metals from BCD feed in undersize.
k. Decontaminate all oversize and metallic materials in accordance with 40 CFR 761.79 and
761 .360 through .378
I. Blend undersize screened materials with BCD reagents.
m. Blending and/or spiking demonstration materials as necessary to accomplish demonstration test
requirement.
n. Performing performance tests on the CBCD and LBCD systems in accordance with the
Performance Demonstration Plan and TSCA permit applications.
o. Process blended materials through the CBCD system to achieve the treatment standard of 200
ppb PCBs and 200 ppt TEQ dioxins/furans.
p. Provide all chemicals, inerting gases and conditioning agents required to operate the BCD,
water treatment and vapor treatment systems, including catalysts, heat transfer fluids, carry oils,
caustic, nitrogen, pre-coat and polymers for filtration, sand and activated carbon.
q. Operate and maintain CBCD-VRS system to meet air emissions requirements.
01270-5 Warren County PCB Remediation
D.
r. Operate and maintain the PCSAPT system to meet regulatory requirements. Recovered
organics to be processed in the LBCD system and filter cake and spent carbon shall be
processed in the CBCD system.
s. Operate and maintain the stormwater treatment system to meet the treatment standard of 1 ppb
for PCBs and all other permitted limits
t. Re-hydrate treated materials using the treated process condensate water.
u. Stockpile re-hydrated treated materials. Sample and analyze stockpiles for PCBs and
dioxin/furans to confirm treatment standards are met.
v. Remove treated materials that meet treatment standards to the stabilized stockpile area.
w. Remove treated materials that DO NOT meet the treatment standards to the Material
Preparation area. Retreat until treatment standards are met.
x. Perform dispersion modeling of stack emissions to demonstrate compliance with NCDENR
toxic air pollutants (TAPs) in accordance with Performance Demonstration Plan.
y. Prepare Demonstration Report.
z. Respond to comments/questions on Performance Demonstration Report
aa. Issue final Performance Demonstration Report
bb. Secure site until receipt of TSCA operating permit to proceed.
3. Do not include cost of:
a. Perimeter air monitoring sample collection, analysis or evaluation
4. Measurement for Payment:
a. Submit Schedule of Values for each item or combination of items totaling up to the lump sum
bid amount. ·
b. Proportional to the certified percent complete as approved by the Owner's Consultant for each
item identified in the schedule of values.
5. Payment:
a. Monthly proportional to the certified percent complete approved by the Owner's Consultant
up to 95% of each item identified in the schedule of values.
b. Final 5% after final acceptance by the Owner's Consultant.
c. Payment contingent upon successful completion of Performance Demonstration.
Bid Item No. 4: Performance Demonstration Testing
1. Materials and installation as described below.
a. Section 01060: Regulatory Requirements
b. Section 01410: Testing and Testing Laboratory Services
c. Performance Demonstration Plan (March 2000)
2. Include Cost of:
a. Stack testing during CBCD demonstration tests in accordance with the Performance
Demonstration Plan, Toxic Substance Control Act (TSCA) operating permit application, and
North Carolina Department of Environment and Natural Resources (NCDENR) Division of Air
Quality requirements
b. CEM calibration with EPA certified span gases
c. Analysis of untreated solids, treated material, pre-flameless thermal oxidizer air, aqueous phase
condensate, contaminated organics feed to LBCD, effluent from LBCD and any other waste
streams or intermediates as required by the final Performance Demonstration Plan, Toxic
Substance Control Act (TSCA) operating permit application, and North Carolina Department
of Environment and Natural Resources (NCDENR) Division of Air Quality requirements.
November 2000 01270-6 Warren County PCB Remediation
3. Cost does not include actual Performance Demonstration (Bid Item No. 4).
4. Measurement for Payment:
a. Submit schedule of values for payment
5. Payment:
a. 100% after final acceptance by the Owner and EPA.
E. Bid Item No. 5: Performance Demonstration Test Decontamination, Dismantlement and Demobilization
I.
2.
Materials and installation as described below.
a. Section 01036: Decontamination
b. Section 01060: Regulatory Requirements
C. Section 01230: Waste Management and Disposal
d. Section 01410: Testing and Testing Laboratory Services
e. Section 01569: Environmental Protection
f. Section 01710: Cleaning
g. Section 01800: Miscellaneous Work and Cleanup
h. Section 02050: Demolition
Include cost of:
a. Decontaminate, dismantle and demobilize the BCD process equipment
b. Decontaminate, dismantle and demobilize the stormwater treatment equipment.
c. Decontaminate process and storage pads according to 40 761.79.
d. De-energize and disconnect electrical power.
e. De-pressurize and drain lines and vessels.
f. Properly handle, package, label, transport and dispose of potentially hazardous/corrosive
chemicals.
g. Cover and protect opening in landfill cover to prevent migration of PCB contaminated
materials.
h. Properly handle, package, label, transport and dispose of residual PCB contaminated materials.
1. The pole barn, PCSAPT building, area lighting, process pad with stormwater collection system,
perimeter fencing, 6-inch water main, lined pond without liner and treated stormwater pond will
remain on site.
3. Cost does not include:
a. Work specified in other Sections.
4. Measurement for Payment:
a. Submit Schedule of Values for each item or combination of items totaling up to the lump sum
bid amount..
b. Proportional to the certified percent complete as approved by the Owner's Consultant for each
item identified in the schedule of values.
5. Payment:
November 2000
a. Monthly proportional to the certified percent complete approved by the Owner's Consultant
up to 95% of each item identified in the schedule of values.
01270-7 Warren County PCB Remediation
b. Final 5% after final acceptance by the Owner's Consultant.
c. This bid item is optional and may not be required by the Owner.
E. Bid Item No. 6: Performance Demonstration Site Restoration
1. Materials and installation described below.
a. Section 02486: Seeding and Mulching
b. Section 02840: Site Restoration
c. Other sections containing appurtenant and incidental Work.
2. Include cost of:
a. Seed areas disturbed during the performance demonstration test.
b. Repair penetrations in PVC liner.
c. Other appurtenant and incidental Work.
d. General requirement of sections listed.
3. Do not include cost of:
a. Work included with other bid items.
4. Measurement for Payment:
a. Submit Schedule of Values for each item or combination of items totaling up to the lump sum
bid amount.
b. Monthly, proportional to the certified percent as approved by The OWNER'S CONSULTANT.
5. Payment:
a. Monthly payments proportional to the certified percent complete up to 95% of the amount for
each item identified in the schedule of values.
b. Final 5% after acceptance by the OWNER'S CONSULTANT.
c. This bid item is optional and may not be required by the Owner.
F. Bid Item No. 7: Community Outreach Program, Phase I
1. Materials and installation described below.
a. Section 01100
b. Other sections containing appurtenant and incidental Work.
2. Include cost of following during Phase I:
November 2000
a. Project contact for Community Advisory Board
b. Attend monthly meetings at off-site location and sponsor quarterly progress meetings for the
public. Provide video and photographic depictions of site progress and activities.
c. Prepare monthly progress report for distribution to the community.
d. Schedule open house at site for community at completion of construction and at completion of
performance demonstration providing safety equipment and escorts.
e. Document economic contribution (Local Resources) to the local community.
f. Provide toll-free number for anyone with questions on the project.
g. Other appurtenant and incidental Work.
h. General requirement of sections listed.
01270-8 Warren County PCB Remediation
3. Do not include cost of:
a. Work included with other bid items.
4. Measurement for Payment:
a. Submit Schedule of Values for each item or combination of items totaling up to the lump sum
bid amount.
b. Monthly, proportional to the certified percent as approved by the Owner's Consultant.
5. Payment:
a. Monthly payments proportional to the certified percent complete up to 95% of the amount for
each item identified in the schedule of values.
b. Final 5% after acceptance by the Owner's Consultant.
G. Bid Item 8: Community Redevelopment
I. Materials and installation described below.
a. Section 01100
b. Other sections containing appurtenant and incidental Work.
2. Include cost of following during Phase I:
a. Project redevelopment contact for owner and Community Advisory Board.
b. Attend meetings at locations as designated and requested by the owner.
c. Retain community redevelopment subcontractor services at the request of the owner.
d. Other appurtenant and incidental Work.
e. General requirement of sections listed.
3. Do not include cost of:
a. Work included with other bid items.
4. Measurement for Payment:
a. Submit labor rates, labor hours, expenses, and subcontract costs to the Owner's Consultant
monthly.
5. Payment:
a. Monthly payments based on actual expenditures.
1.03 DESCRIPTION OF BID ITEMS -BCD SOIL TREATMENT
A. Bid Item No. 9: Equipment Stand-Down
I. Materials and installatiQ_n as described below.
2. Include cost of:
a. Labor, equipment and supplies to prepare BCD process equipment and site facilities for short-
term ( <4-month) on-site storage.
b. Site utilities.
November 2000 01270-9 Warren County PCB Remediation
c. Site security.
d. Labor, equipment and supplies to prepare BCD process equipment and site facilities for
operation after storage
3. Do not include cost of:
a. Work included with other bid items.
4. Measurement for payment
a. Proportional to the certified percent complete as approved by the Owner's Consultant.
5. Payment
a. Monthly, proportional to the certified percent complete as approved by the Owner's Consultant
up to 95% total bid amount.
b. Final 5% after final acceptance of system readiness by the Owner's Consultant.
c. Costs are to allow for shut-down of system while waiting for EPA to grant interim operation
based on successful completion of the performance demonstration. Stand-down costs will not
be paid if interim operation is withheld due to fault of Contractor, including failing the
performance demonstration.
B. Bid Item No. IO: Top soil, fill and clay liner removal and stockpile
1. Materials and installation as described below.
a. Section 02220: Excavating, Backfilling and Compacting
b. Other sections containing appurtenant and incidental Work.
2. Include cost of:
a. Clear area and stockpile the landfill cover materials.
b. Excavate approximately 14,000 cubic yards uncontaminated material from the landfill and
transport to the final cover stockpile area.
c. Remove PVC liner.
d. Other appurtenant and incidental Work.
e. General requirements of sections listed.
3. Do not include cost of:
a. Work included in other Bid items.
4. Measurement for Payment:
a. Submit Schedule of Values for each item or combination of items total1ng up to the lump sum
bid amount.
b. Proportional to the certified percent complete as approved by the Owner's Consultant for each
item identified in the schedule of values.
5. Payment:
November 2000
a. Monthly proportional to the certified percent complete approved by the Owner's Consultant
up to 95% of each item identified in the schedule of values.
b. Final 5% after final acceptance by the Owner's Consultant.
01270-10 Warren County PCB Remediation
C Bid Item No. 11: BCD Soil Treatment
1. Materials and installation as described below.
a. Section O 1100: Special Project Procedures
b. Section 01230: Waste Management and Disposal
c. Section 02220: Excavating, Backfilling and Compacting
d. Section 11000: BCD Detoxification System
e. Section 11100: Material Preparation System
f. Section 11200: Continuous Base Catalyzed Decomposition System (CBCD)
g. Section 11210: Continuous Vapor Recovery System (CBCD-VRS)
h. Section 11220: Flameless Thermal Oxidizer
i. Section 11230: Fuel Oil System
j. Section 11240: Propane Tank and Piping
k. Section 11250: Continuous Stack Monitoring System
I. Section 11260: Nitrogen Supply System
m. Section 11400: Process Condensate Separation Aqueous Phase Treatment System (PCSAPT)
n. Section 11410: Filter Press
o. Section 11420: Plant Air System
p. Section I 1500: Liquid BCD System (LBCD)
q. Section 11600: Process Monitoring System
r. Other sections containing appurtenant and incidental Work.
3. Include cost of:
November 2000
a. Tran.sport and empty approximately 25 drums of soil (drill cuttings) at the material preparation
area.
b. Excavate approximately 72,000 tons of PCB contaminated material from the landfill and
transport to the material preparation area.
c. Remove underlying filter fabric ...
d. Remove and dispose of North and South landfill observation wells
e. Implement dust control ·measures as required to meet perimeter monitoring requirements.
f. Weigh all excavated PCB contaminated material following placement in the pole barn and prior
to the pugmill. ·
g. Collect daily composite samples and screen for PCBs and percent moisture, segregate materials
according to Site Operations Work Plan.
h. Mechanically screen all excavated PCB contaminated material.
i. Magnetically separate metals from BCD feed in undersize.
j. Blend undersize screened materials with BCD reagents.
k. Process blended materials through the CBCD system to achieve the treatment standard of 200
ppb PCBs and 200 ppt TEQ dioxins/furans.
I. Provide all chemicals, inerting gases and conditioning agents required to operate the BCD,
water treatment and vapor treatment systems, including catalysts, heat transfer fluids, carry oils,
caustic, nitrogen, pre-coat and polymers for filtration, sand and activated carbon.
m. Operate and maintain CBCD-VRS system to meet air emissions requirements.
n. Operate and maintain the PCSAPT system to meet regulatory requirements. Recovered
organics to be processed in the LBCD system and filter cake and spent carbon shall be
processed in the CBCD system. ·
o. Operate and maintain the stormwater treatment system to meet the treatment standard of 0.5 ppb
for PCBs and all other permit limits
p. Re-hydrate treated materials using the treated process condensate water.
q. Stockpile re-hydrated treated materials. Sample and analyze stockpiles for PCBs and
dioxin/furans to confirm performance standards are met.
r. Remove treated materials that meet treatment standards to the stabilized stockpile area.
01270-11 Warren County PCB Remediation
s. Remove treated materials that DO NOT meet the treatment standards to the Material
Preparation area. Retreat until treatment standards are met.
t. Blend and treat stockpiled pond sediments to 200 ppb PCBs and 200 ppt TEQ dioxins/furans.
u. Excavate and remove 9" thick sand fill layer (lower leachate collection system) and 6-inches
of the bottom clay liner until post-excavation samples demonstrate remaining clay liner meets
the treatment standard.
v. Perform post-excavation sampling on the landfill sidewalls and bottom materials to confirm that
PCB materials above the treatment standard have been excavated.
w. Provide excavation plan for any areas of the landfill sidewalls and bottom that do not meet the
performance criteria.
x. Excavate, process and treat additional materials from landfill sidewall and bottom that do not
meet performance standards.
y. Backfill treated, re-hydrated materials in the landfill following the excavation and backfilling
plan.
z. Perform personnel monitoring and sampling during operation activities in accordance with the
Health and Safety Plan.
aa. Perform sampling and analysis of materials and process streams in accordance with the Final
Verification/Confirmation Sampling Plan.
bb. Remove and replace activated carbon within 5 days after breakthrough is detected.
cc. Treat all spent carbon in CBCD equipment
dd. Sample and analyze any secondary waste streams (such as filter cake, baghouse fines). Treat
in BCD if required to meet treatment standards of 200 ppb PCBs and 200 ppt TEQ
dioxins/furans.
ee. Perform stack monitoring in accordance with TSCA and NCDENR Air Quality permits.
ff. Perform safety audits, emergency response drills and health and safety personnel training.
gg. Perform medical monitoring as required.
hh. Attend weekly project meetings at the site, providing status and schedule update.
11. Provide quality assurance and quality control inspections, testing and monitoring.
jj. Provide daily and weekly reports as required by the OWNER.
kk. Provide a maintenance staff equipped with tools, spare parts and expendables to perform the
necessary preventative maintenance and repairs to operate to equipment efficiently.
11. Transport and properly dispose of sanitary wastes, general trash and spent personnel protective
equipment (PPE).
mm. Provide site security services.
nn. Other appurtenant and incidental Work.
oo. General requirements of sections listed.
3. Do not include cost of:
a. Retreatment of BCD treated material to meet PCB and dioxin/furan treatment standards.
b. Work included in other Bid items.
4. Measurement for Payment:
November 2000
a. Measure soil and other materials identified for BCD treatment using calibrated and certified
weigh scale in tons with accuracy of ± I% .
b. Submit certified weights daily from the previous day's process to Owner's Consultant for
approval.
c. Submit certified analytical results from treated stockpiles to Owner's Consultant for approval
of treated material.
d. Submit monthly fuel receipts to the Owner's Consultant for approval. Fuel adjustment change
order prepared quarterly based upon ± difference in fuel prices from fuel allowance of
$1 .20/gallon (includes 20% combined overhead and profit) propane gas as provided in the unit
price soil treatment amount. Fuel adjustment change order calculated with 20% combined
01270-12 Warren County PCB Remediation
overhead and profit applied to the positive differential for additive change orders and 10%
maximum profit applied to the negative differential for deductive change orders.
6. Payment:
a. Monthly up to 95% of the bid unit price based upon approved tonnage of soil processed to 200
ppb PCBs and 200 ppt TEQ dioxins/furans.
b. Fuel adjustment change order prepared quarterly, and the change order addition or deletion
shall be included with the payment application for the month immediately proceeding the
approved change order.
c. Final 5% after final approval from the Owner's Consultant that all soils had been treated.
D. Bid Item No. 12: Liquid BCD Treatment with Off-Site Recycle
l . Materials and installation as described below.
a. Section 11500: Liquid BCD System
b. Other sections containing appurtenant and incidental Work.
2. Include cost of:
a. Operate and maintain LBCD system to meet the organic treatment standard of less than 2 ppm
for PCBs.
b. Transport and dispose/recycle of treated organic-phase liquids and oils from the LBCD system.
c. . Other appurtenant and incidental Work.
d. General requirements of sections listed.
3. Do not include cost of:
a. Retreatment required to meet the LBCD treatment objective.
b. Work included in other Bid items .
. 4. Measurement for Payment:
a. Measure liquids identified for LBCD treatment using flow meter installed from LBCD organic
feed tank.
b. Submit certified quantities daily from the previous day's process to Owner's Consultant for
approval.
c. Submit certified analytical results from treated liquid storage to Owner's Consultant for
· approval of treated material.
d. Submit monthly fuel receipts to the Owner's Consultant for approval. Fuel adjustment change
order prepared quarterly based upon ± difference in average fuel prices from fuel allowance of
$1.20/gallon (includes 20% combined overhead and profit) propane gas as provided in the unit
price liquid treatment amount. Fuel adjustment change order calculated with 20% combined
overhead and profit applied to the positive differential for additive change orders and 10%
maximum profit applied to the negative differential for deductive change orders.
5. Payment:
November 2000
a. Monthly up to 95% of the bid unit price based upon approved pounds of liquids processed to
less than 2 ppm PCBs.
b. Fuel adjustment change order prepared quarterly, and the change order addition or deletion
shall be included with the payment application for the month immediately proceeding the
approved change order. ·
c. Final 5% after final approval from the Owner's Consultant that all liquids had been treated.
01270-13 Warren County PCB Remediation
E. Bid Item No. 13: Decontaminate and Dispose of Oversized and Incompatible Debris.
l. Materials and installation as described below.
a. Section 01230: Waste Management and Disposal
b. Section 02223: Decontamination and Disposal
a. Other sections containing appurtenant and incidental Work.
2. Include cost of:
a. Decontaminate and properly dispose of the synthetic cover liner.
b. Decontaminate and properly dispose of the filter fabric.
c. Decontaminate all oversized and incompatible materials for off-site disposal.
d. Decontaminate and properly dispose of approximately 50 drums.
e. Decontaminate and dispose of existing leachate treatment system.
f. Off-site disposal in accordance with the Code of Federal Regulations (CFR) Title 40, Part 761
at approved Subtitle D landfill.
g. Other appurtenant and incidental Work.
h. General requirements of sections listed.
3. Do not include cost of:
a. Work included in other Bid items.
4. Measurement for Payment:
a. Submit waste manifests and disposal site weigh tickets for all items disposed of off site.
b. Payment based on unit price per ton as identified in the lump sum bid for this item.
5. Payment:
a. Monthly up 95% of the lump sum include cost of Work listed herein in lump sum price bid.
F. Bid Item No. 14: Process Decontamination, Dismantlement and Demobilization
l. Materials and installation as described below.
a. Section O l 036: Decontamination
b. Section 01060: Regulatory Requirements
c. Section 01230: Waste Management and Disposal
d. Section 01410: Testing and Testing Laboratory Services
· e. Section 01569: Environmental Protection
f. Section 01710: Cleaning
g. Section 01800: Miscellaneous Work and Cleanup
h; Section 02050: Demolition
2. Include cost of:
a. Remove, decontaminate and dispose I 0-mil PVC top liner and underlying filter fabric
c. Decontaminate, dismantle and demobilize the BCD process equipment
d. Decontaminate, dismantle and demobilize the storrnwater treatment equipment.
e. Decontaminate, dismantle and dispose of process/storage pads. (See note below.)
f. De-energize and disconnect electrical power.
November 2000 01270-14 Warren County PCB Remediation
g. De-pressurize and drain lines and vessels.
h. Properly handle, package, label, transport and dispose of potentially hazardous/corrosive
chemicals.
i. Remove, characterize and dispose all treatment residues in contact with PCBs, including sand
and carbon from filters.
j. Remove sediment from lined pond and wash down liner.
k. Properly handle, package, label, transport and dispose of residual PCB contaminated materials.
I. The pole barn, PCSAPT building, area lighting, process pad associated with stormwater
collection system, perimeter fencing, 6-inch water main, lined pond without liner and treated
stormwater pond will remain on site.
m. Project closeout, including final reports and documentation.
3. Measurement for Payment:
a. Submit Schedule of Values for each item or combination of items totaling up to the lump sum
bid amount.
b. Monthly, proportional to the certified percent as approved by the Owner's Consultant.
5. Payment:
a. Monthly payments proportional to the certified percent complete up to 95% of the amount for
each item identified in the schedule of values.
b. Final 5% after acceptance by the Owner's Consultant.
G. Bid Item No. 15: Community Outreach Program, Phase II
I. Materials and installation described below.
a. Section O 1100
b. Other sections containing appurtenant and incidental Work.
2. Include cost of following during Phase II:
a. Project contact for Community Advisory Board
b. Attend monthly meetings at off-site location and sponsor quarterly progress meetings for the
public. Provide video and photographic depictions of site progress and activities.
c. Prepare monthly progress report for distribution to the community.
d. Schedule open house at site for community at project closeout.
e. Document economic contribution (Local Resources) to the local community.
f. Provide toll-free number for anyone with questions on the project.
g. Other appurtenant and incidental Work.
h. General requirement of sections listed.
3. Do not include cost of:
a. Work included with other bid items.
4. Measurement for Payment:
November 2000
a. Submit Schedule of Values for each item or combination of items totaling up to the lump sum
bid amount.
b. Monthly, proportional to the certified percent as approved by the Owner's Consultant.
01270-15 Warren County PCB Remediation
5. Payment:
a. Monthly payments proportional to the certified percent complete up to 95% of the amount for
each item identified in the schedule of values. ·
H. Bid Item No. 16: Site Restoration
I. Materials and installation described below.
a. Section 02486: Seeding and Mulching
b. Section 02840: Site Restoration
c. Other sections containing appurtenant and incidental Work.
2. Include cost of:
a. Restore landfill grades as shown on Drawings
b. Seed areas disturbed during the Work.
c. Remove construction materials, trash and other materials as directed by the Owner's Consultant
d. Other appurtenant and incidental Work.
e. General requirement of sections listed.
3. Do not include cost of:
a. Work included in other Bid items.
4. Measurement for Payment:
a. Submit Schedule of Values for each item or combination of items totaling up to the lump sum
bid amount.
b. Monthly, proportional to the certified percent as approved by The Owner's Consultant.
5. Payment:
a. Monthly payments proportional to the certified percent complete up to 95% of the amount for
each item identified in the schedule of values.
b. Final 5% after acceptance by the Owner's Consultant.
I. Bid Item 17: Community Redevelopment
1. Materials and installation described below.
a. Section O 1 100
b. Other sections containing appurtenant and incidental Work.
2. Include cost of following during Phase I:
a. Project redevelopment contact for owner and Community Advisory Board.
b. Attend meetings at locations as designated and requested by the owner.
c. Retain community redevelopment subcontractor services at the request of the owner.
d. Other appurtenant and incidental Work.
e. General requirement of sections listed.
3. Do not include cost of:
a. Work included with other bid items.
November 2000 01270-16 Warren County PCB Remediation
4. Measurement for Payment:
a. Submit labor rates, labor hours, expenses, and subcontract costs to the Owner's Consultant
monthly.
5. Payment:
a. Monthly payments based on actual expenditures.
1.04 UNIT COST ITEMS
A. SOIL SAMPLING
Include all costs to collect, ship, analyze, validate, report, and interpret soil and sediment samples for
PCBs (Method 8082) and dioxins/furans (Method 8280). Samples will be collected from the existing
pond and the bottom of the landfill excavation to confirm that the performance standards have been
attained. Perform in accordance with the Final Verification/Confirmation Sampling Plan. (March
2000). Collect samples at direction of the Owner's Consultant.
B. INCINERATION OF ORGANIC-PHASE RESIDUALS
For those residuals that cannot be sent to a recycling, recovery, fuel blending, boiler, or other non-
TSCA disposal facility, provide costs for incineration at approved TSCA-incinerator. Include all costs
to transport, incinerate, and document destruction. Costs should be in ADDITION to those already
included in Bid Item 11 for collection, storage, and on-site treatment using liquid-phase BCD.
PART 2 PRODUCTS
(Not Used)
PART3 EXECUTION
(Not Used)
November 2000
* * * END OF SECTION * * *
01270-17 Warren County PCB Remediation
( •
l FORJ\1 OF PROPOSAL
Warren County Landfill PCB Remediation Bidder:. __ --=T~h:;.;::;e-=I~T_G;;;::;.;;,.ro-'u_.p ___ _
Department of Environment and Natural Resources
Detoxification Desi£'Tl/Build Contract Date: December 21. 2000
The undersigned. as bidder. hereby declares that the only person or persons interested in this proposal
as principal or principals is or are named herein and that no other person than herein mentioned has any interest
in this proposal or in the contract to be entered into; that this proposal is made without connection with any
other per.::on , comrany or parti es making a hicl or propo,?1; and th at it is in ?!! respects fair ;,nd in good faith
without collusion or fraud. The bidder funher declares that he has examined the site of the work and the
contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids;
that he has satisfied himself relative to the work to be performed.
Bidder must submit a process flow diagram, major equipmen_t list, description of air pollution control
system. throughput of continuous BCD system (tons/hr). and preliminary project schedule with his bid.
The Bidder proposes and agrees if this proposal is accepted to contract with the State of North
Carolina. through the State Construction Office in the form of contract specified, to furnish all necessary
materials, equipment, machinery, tools. apparatus. means of transponation and labor necessary to complete
all design work. construction of all PCB treatment, process. and support facilities. and detoxification of the
Warren County PCB Landfill to the full and entire satisfaction of the State of North Carolina. Department of
Environment and Natural Resources 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, for the sum of:
DESIGN/BUILD CONTRACT:
Base Bid (Inclusive of Bid Items l through 4 and 7 through 17):
Thirteen million five hundred ei!!htv-one thousand ei£ht hundred Dollars ($13.581.800 )
Not Including Bid Items 5 and 6
December 2000 Proposal Fonn -1 Warren County PCB Remediarion
SCHEDULE OF VALUES
Bid Item Description Quantity Unit Price Extended Price
1. Design/Permits/Mobilization LS. $2.960.000
2. Site Preparation and Construction LS. $2,772.300
3. Performance Demonstration LS. $ 233,200
4. Performance Demonstration LS. $ 135,000
Testing
5. Performance Demonstration Test LS. $ 504.200
Decontamination. Dismantlement
And Demobilization
6. Performance Demonstration Test LS. $ 14,300
Site Restoration
7. Community Outreach Program LS. $ 14.000
Phase I
' 8. Community Redevelopment LS. $ 25,000.00
(Bid Allowance)
PHASE I SUBTOTAL $6.658.000
(Estimated Phase I Community Resources .:.$-"-'1.:.:::;2..:.0-=-0=.0=0..:.0 _____ ....,_)
(Estimated Phase I Minority Business Participation .... $ .... Z=e=r-=o _____ _..
December 2000 Proposal Fon11 -2 Warre11 Counry PCB Remediarion
I
,,.
Bid Item
9.
10.
11.
12.
13.
14.
15.
16.
17.
December 2000
SCHEDULE OF VALUES (CONT)
Description
Equipment Stand-Down
Top Soil, Fill, and Clay Layer
Removed and Stockpiled
BCD Soil Treatment
Liquid BCD Treatment
with off-site recycle
Quantity
3 months
14,000 CY
72,000Tons
60,000 gallons
Decontaminate and Dispose of 20 tons
Oversized and Incompatible Debris
Process Decontamination
Dismantlement and
Demobilization
Community Outreach Program
Phase II
Site Restoration
Community Redevelopment
(Bid Allow:mce)
PHASE II SUBTOTAL
L.S.
L.S.
L.S.
L.S.
Unit Price Extended Price
$ 60.000 Imo. $180.000
L.S. $28,000
$ 88.40 /ton $6.364,800
(Based on
$0.95/ga! propn.11(.'" or
$1.10/gal No. 2 fuel oil)
::;.$_4.:.:..4..:..;0:a:-_ _,/=gal $264 .000
(Based on
$0.95/gal propane or
$1.10/gal No. 2 fuel oil)
$ 235 /ton $4.700
$488.000
$ 10.900
_$76.900 __
$ 25.000.00
$7.442.300
(Estimated Phase II Community Resources $1.500.000
(Estimated Phase II Minority Business Participation ~<$~8~0~0~.0~00~----~
TOT AL LU.MP SUM PHASES I & II
Not Including Items 5 and 6
Proposal Form -3
$13.581.800
Warren Co1111ry PCB Remediation
I \
UNIT PRICES
Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically
noted. Unit prices shall be applied, as appropriate, to compute the total value of changes in the scope of the
work all in accordance with the contract documents.
No. 1. Soil Testing for PCB and TEQ dioxin/furans
in landfill, pond or other areas as directed
by Owner's Consultant
Ue. 2. .\dditiol"le~ eo:ns if LDCD ergM!.ie }'tt~e lietuids
DESIGN !BUILD CONTRACT:
Each Sample, Unit Price $ /. 2, 00 '
Per P•••O, u,.;, PPi¥
The bidder further proposes and agrees hereby to commence work under this contract on a date to be
specified in a v.Tinen order of the Owner and shall fully complete all work thereunder within consecutive
calendar days from and including said date. Anticipated project completion date is December 31, 2002 and
all prices are firm through that date. Applicable liquidated damages are stated in the Supplementary General
Conditions.
The undersigned further agrees that in the case of failure on his part to execute the said contract and
the bond v.ithin thirty (30) consecutive calendar days after wrinen notice being given of the award of contract,
the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account
set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond
accompanying this proposal sh~ll be returned to the undersigned.
Anach certified check, cash or bid bond to this proposal.
Respectfully submined this _2_1 __ day of December 2000.
The IT Group. Inc.
(Name of firm or corporation making bid)
WIThTESS: BY:
President, Commercial
(Proprietorship or Partnership) --~--------==---,--Engineering & Constructio
T . Vice President, General Counsel
(Corp. Sec. or Asst. Sec. only) & Secretary (CORPORA TE SEAL)
December 2000 Proposal Form -4 War:ren County PCB Remediation
Acknowledge addendum received and used in computing bid by inserting their dates:
l
Addendum No. I November 27. 2000 Addendum No. 3 December 15. 2000
Addendum No. 2 December 13. 2000 Addendum No. 4 _....:D=ec;;..::e=m=b:;..;:e"""r .... I.;a..9.:..a. 2=0"-'0'""0~
Addendum No. 5 December 19, 2000
December 2000 Proposal Form -5 Warre11 County PCB Remedimion