Attachment_01_Big_River_Residential_PWS.pdf

Performance Work Statement

Remedial Action Contract: TBD Big River Mine Tailings, Operable Unit 1 St. Francois County, Missouri

CERCLIS ID: MOD981126899

FINAL

April 2018

Prepared by:

U.S. EPA

11201 Renner Blvd Lenexa, Kansas 66219 i

Table of Contents

1 BACKGROUND and PURPOSE

2 TASK MANAGEMENT

2.1 Project Management

2.2 Quality Assurance and Control

2.3 Health and Safety Program

2.4 Handling of Sensitive Information

2.5 Schedule of Property Cleanups

2.6 EPA Furnished Resources

2.7 On-Site Personnel

3 PERFORMANCE CRITERIA AND REQUIREMENTS

3.1 Performance Objective Statement

3.2 Performance Standards

3.3 Pre-Excavation Activities

3.3.1 Task 1 – Plans

3.3.2 Task 2 – Local Office

3.3.3 Task 3 – Road Agreements

3.3.4 Task 4 – Properties, Site Sketches, and Access Agreements

3.3.5 Task 5 – Pre-Excavation Site Walks

3.3.6 Task 6 – Identify Utilities, On-site Sewage Systems, and Other Buried Structures

3.4 Excavation Activity Requirements

3.4.1 Task 7 – Recordkeeping

3.4.2 Task 8 – Excavation of Properties

3.4.3 Task 9 – Final Determination of Area and Volume Excavated

3.4.4 Task 10 – Transportation and Disposal

3.4.5 Task 11 – Backfill Quality and Grading

3.4.6 Task 12 – Dust Suppression

3.4.7 Task 13 – Lawn Restoration

3.4.8 Task 14 – Replacement of Removed or Damaged Items

3.5 Post-Excavation Activities

3.5.1 Task 15 – Final Property Closeout Inspection

3.5.2 Task 16 – Property Folder Submission

3.5.3 Task 17 – Annual and Final Remedial Action Reports

3.6 Sample Collection Procedures

3.6.1 Analysis of Composite Samples for Backfill

3.7 Community Involvement and Communication

4 DELIVERABLES

5 REFERENCES

6 ENCLOSURES

BRMT – OU1 Remedial Action April 2018

1 BACKGROUND and PURPOSE

The purpose of this Performance Work Statement (PWS) is to describe the actions required to perform a remedial action for lead-contaminated properties within the Big River Mine Tailings site (Site). The selected remedy consists of excavation and relocation of lead-contaminated materials (mine waste, soil, gravel, crushed rock, vegetation, root balls, deteriorated landscaping, etc.) from properties provided in Enclosure A, and restoration of said properties. All actions shall be conducted consistent with the Environmental Protection Agency (EPA) Region 7 Record of Decision (ROD) issued on September 30, 2011, relevant EPA policies (including, but not limited to, the EPA Office of Solid Waste and Emergency Response [OSWER] 9285.7-50, Superfund Lead-Contaminated Residential Sites Handbook, August 2003 [Handbook]), and this PWS. Definitions of key terms used in the PWS are included in Enclosure B.

The Remedial Action is being conducted pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA), and National Contingency Plan (NCP) requirements. The Contractor shall furnish all necessary services in order to meet the performance standards and successfully accomplish the requirements of this PWS, including labor, materials, equipment, site management, office support, and incidental items.

The EPA signed a Record of Decision on September 30, 2011, selecting a response action at the Site to address human health risks by the remediation of lead-contaminated residential property soil. Tasks described in this PWS are consistent with the ROD and consistent with the National Contingency Plan

(NCP).

2 TASK MANAGEMENT

2.1 Project Management

The Contractor shall adhere to the following when developing their Project Management Plan (PMP), schedule, and methods for conducting remedial activities:

Fieldwork shall be confined to the following times:

7:00 am – 6:00 pm, Monday – Saturday, except national holidays.

Excavation of soil at properties shall be conducted from March 1 through November 25. Backfill shall be completed by December 15. Other field-work may be allowed from December 16 through February 28, as weather and conditions allow. This includes the following activities:

o gravel driveways and road easements may be excavated and seed/sod and any repairs or punch list items may be conducted at properties, as weather and conditions allow.

o Operation, maintenance and repair of the repository can be performed throughout the year as weather allows and the generation of residential cleanup waste or maintenance and repair of the repository

The Contractor shall obtain written approval from the Contracting Officer (CO) to modify the stated work schedule due to adverse weather/site conditions when applicable or to conduct fieldwork on a Sunday or national holiday.

The Contractor shall conduct activities in a manner that minimizes adverse impacts to the property owners and the general community, and promotes good public relations.

The Contractor shall honor local customs and practices and schedule work around them, such as local fairs, funerals, weddings, parades, processions etc., to minimize interference with these local events.

The Contractor shall inspect and maintain documentation on haul trucks at the beginning of each work day for any signs of lead-bearing material on the inside of the bed, undercarriage, the tires, etc.

All equipment used for hauling contaminated material shall be thoroughly decontaminated prior to being de-mobilized from the site. Decontamination procedures shall be documented (protocol followed, photographs of equipment, date decontaminated, personnel involved, etc.).

Any equipment used at the site for handling contaminated material shall be thoroughly decontaminated prior to release from service. This includes, but is not limited to, any local sub-contract hauling service that may perform odd jobs after work hours and on holidays or weekends. Decontamination procedures shall be documented (protocol followed, photographs of equipment, date decontaminated, personnel involved etc.).

The Contractor shall ensure that none of its subcontractors, vendors, or employees are potentially responsible parties (PRP) at this or any Superfund site and that their use or employment at this site poses no conflict of interest.

The Contractor shall maintain current contact information, credentials, certifications, etc.

accessible to the COR or EPA Representative for each crew.

The Contractor shall notify the CO and the COR and/or other pertinent regulatory authority in writing of non-compliance with any federal, state and local laws and regulations as pertains to this contract.

The Contractor and the EPA shall conduct monthly meetings on the first Tuesday morning of every month from the start of construction. Attendance at these meetings shall consist of, at a minimum, the EPA COR(s) and the Contractor’s project manager, and site superintendent. Other personnel may attend these meetings as needed. Meetings shall be conducted at the Contractor’s field office, and teleconference capabilities shall be provided as needed. Meetings shall address site progress, issues, and future planning. The Monthly Report described below shall be provided to the EPA at these meetings.

2.2 Quality Assurance and Control

The Contractor shall deliver a quality work product which meets the requirements of this PWS, the EPA provided Quality Assurance Surveillance Plan (QASP, Attachment A), and the EPA Quality Assurance Project Plan (QAPP). An EPA approved Quality Management Plan (QMP) shall be required as well as a site specific QAPP. A Storm Water Pollution Prevention Plan (SWPPP) shall be required to ensure the Contractor has identified potential sources of storm water pollution at the Site and is prepared to reduce pollutants in storm water discharges from the Site (See Section 4 for more information). The Contractor shall provide qualified personnel to conduct inspection of materials, equipment, construction activities, and completed properties. The Contractor shall ensure that key personnel are familiar with and have access to the specific requirements of the contract and of this PWS. The result shall be a robust quality control program that shall ensure high-quality services satisfactory to the EPA.

2.3 Health and Safety Program

The Contractor shall be responsible for initiating, maintaining and supervising health and safety precautions and programs in connection with this PWS. The Contractor shall develop a Health and Safety Plan (HASP) that shall ensure compliance with all applicable health and safety laws, regulations, and other requirements, including, but not limited to, Occupational Safety and Health Administration (OSHA) federal and equivalent OSHA state regulations, city and county ordinances and codes, uniform fire codes, and Department of Transportation (DOT) regulations. At a minimum, the Contractor shall comply with Title 29 of the Code of Federal Regulations (CFR). Compliance with these regulations is required for all personnel working under the contract, including all subcontractors.

The Contractor shall establish all reasonable safeguards for safety and protection, including posting warning signs and other notices of potential hazards for the property owners, residents and other users of adjacent properties. The Contractor shall advise residents to stay away from excavated areas to the extent possible. The Contractor shall maintain a safe environment for workers, residents and the general public at all job locations.

If an allegation of non-compliance with the HASP has been made against the Contractor in connection with the performance of work, the Contractor shall notify the COR in writing within 24 hours of the allegation.

The Contractor shall be responsible for coordinating the dissemination and exchange of Material Safety Data Sheets and other hazard communication information required to be made available to all employees at the Site in accordance with requirements of federal, state, and local ordinances, laws or regulations.

The CO has the right to require the Contractor to remove or bar any employee or subcontractor for failure to comply with Site health and safety requirements.

The CO has the authority to suspend work, at the Contractor’s expense, if the COR determines that unsafe practices are being conducted at any time.

The COR has the authority to stop any unsafe activity being performed on-site that is a violation of the approved HASP at no cost to the EPA.

If a Contractor fuel storage area is located within the Site, secondary containment around fuel storage areas is required, even when fuel tanks do not have the minimum storage capacity necessary to trigger Spill Prevention, Control, and Countermeasure (SPCC) regulation requirements.

2.4 Handling of Sensitive Information

All personnel working under this contract shall be responsible for preventing the unauthorized disclosure or release of information provided by the EPA and any document or PWS deliverable containing personal and/or identifying information.

2.5 Schedule of Property Cleanups

The Contractor shall propose a schedule for property cleanups associated with this contract for the EPA approval in the PMP. As part of the PMP the Contractor shall submit a General Schedule which shall include a timeline and projected number of properties to be completed each month for the duration of the project. The Contractor shall also maintain and update a written Revised Work Schedule for the site projected out one month in advance of current operations and provide detailed plans for the work scheduled two weeks in advance of the current operations as part of the Monthly Report. The detailed plans shall include a list of upcoming yards to be opened, excavated and restored (those in which final grade has been achieved, seeded, etc.), see section 4 for details. Additionally, the Contractor shall provide daily reports with details of the planned activities for that day. All timelines, schedules and plans shall be posted in an area accessible to the EPA on-site representatives. In addition, upcoming site walks shall be scheduled to be conducted Tuesday through Thursday and at least two calendar days’ advance notice given to the EPA on-site representatives.

The Contractor shall prioritize the cleanups based on the following system: 1) the presence of children less than 72 months of age, 2) properties with higher lead concentrations and then, 3) properties grouped in the same geographic area to minimize disturbance. Circumstances may arise in which the EPA discovers properties that should be remediated in an expedited fashion, such as properties where a child with elevated blood lead levels resides. In this case, the EPA will notify the Contractor of the requirement to prioritize those properties. If a property that does not require remediation (e.g., lead concentration in surface soil is <400 milligrams per kilogram (mg/kg)) has been placed on the list, the Contractor shall notify the COR in writing, shall not remediate the property, and shall record this in the Monthly Report. The EPA reserves the right to add properties to, remove properties from, and/or re-prioritize the property list (Enclosure A) for any reason. Access has not been obtained at all the properties listed, and properties assigned to the Contractor shall generally be in lots of approximately 50 properties.

The following table summarizes the significant dates detailed in this PWS:

Significant Project Schedules and Dates

Description Start End Fieldwork Time 7:00 AM 6:00 PM

Fieldwork Days Monday Saturday

Soil Excavation Season March 1st November 24th

Backfill Deadline Start of excavation

21 calendar days after excavation start and no later than December 15th

Lawn Inspection End of seeding 30 calendar days after seeding is completed

Lawn Maintenance Period End of seeding 120 calendar days after seeding is completed

Draft Project Management Plan (PMP) Due with proposal Draft Health and Safety Plan (HASP), Quality Management Plan (QMP), Quality Assurance Project Plan (QAPP) and Storm Water Pollution Prevention Plan (SWPPP)

Submitted electronically to COR within 30 calendar days of contract award

Draft Borrow Area Excavation and Restoration Plan (BAERP) Submitted electronically to the COR within 15 calendar days after the notice to proceed is issued

Final PMP, HASP, QMP, QAPP, SWPPP, and BAERP Submitted electronically to the COR 15 calendar days after receipt of the EPA comments on draft

Final Road Agreements Prior to the issuance of the notice to proceed

PMP Updates Submitted electronically to the COR within 10 calendar days of change

SWPPP Updates

Submitted electronically to the COR 10 calendar Days after the EPA notification to Contractor of needed update

Daily Reports Submit electronically to the COR by noon the following work day

Monthly Reports Submitted electronically to the COR on the 1st Monday of every month after the start of construction and provide one electronic copy to the EPA at the Monthly Project Meetings

Monthly Project Meetings The 1st Tuesday of every month after the start of construction

Property Folders Monthly Meetings, after Final Property Closeouts

Draft Final Report Submitted electronically to the COR 30 calendar days after completion of fieldwork

Final Report

Submitted electronically and in hardcopy to the COR 20 calendar days after receipt of the EPA comments on draft

Incentive Justification Submitted electronically and in hardcopy to the COR 45 calendar days after completion of fieldwork

2.6 EPA Furnished Resources

The EPA will provide the following resources to the Contractor:

Appropriate property records, reports, data and information in the available existing Site files (e.g., property sketches)

Access to the EPA policy and guidance documents

2.7 On-Site Personnel

All on-site contractor employees must have 40-hour OSHA HAZWOPER training, OSHA 10- hour Construction Outreach Training, and be up to date on HAZWOPER 8-hour annual refreshers before being allowed on site.

Training certificates/documentation and all other required documents for all on-site personnel shall be kept on-site for the EPA review at any time. Copies of all certificates demonstrating currency for required trainings for key personnel must be furnished to the EPA within 30 calendar days of contract award.

A background check using the below criteria shall be performed on ALL on-site contractor employees before being allowed on site:

• Can be a Non-U.S. citizen with a valid visa.

• No convictions for crime involving issues of National Security. A “national security crime” is defined as any criminal activity involving espionage or foreign aggression against the United States, intelligence or counter intelligence activities, including development of defense plans or policies, concerned with undermining or overthrowing the government of the United States and unlawful handling or disclosure of classified information.

• No weapons offense in the last (5) years.

• No felony conviction in the last (3) years.

• Not a fugitive from justice.

• Not listed in the Excluded Parties Listing System (EPLS). EPLS is a web based database that identifies parties excluded throughout the U.S. Government from receiving federal contracts or subcontracts. The EPLS is available at: http://sam.gov.

3 PERFORMANCE CRITERIA AND REQUIREMENTS

3.1 Performance Objective Statement

The objective of this contract is to reduce the human health risk of exposure to lead by removing lead-contaminated material from the assigned properties. This includes excavating lead-contaminated soil, gravel, etc., to a depth up to 24-inches below ground surface (bgs) in 12- inch increments. If the residual concentration of lead is greater than or equal to 1,200 mg/kg at 12-inches bgs, an additional 12-inches shall be excavated. If the residual concentration of lead is greater than or equal to 1,200 mg/kg at 24-inches, an approved warning barrier shall be placed in the excavation prior to backfilling. PLEASE NOTE: the remediation contractor shall not be responsible for sampling the excavated properties. The EPA will perform sampling and analytical procedures to make these excavation decisions and will follow the EPA and Site QAPP, QASP, related guidance, and relevant SOPs. The property shall then be restored, with backfill that is 100 ppm lead or less, to pre-excavation conditions. Satisfactory completion of the above stated tasks will result in achieving individual property closeouts with the property owners and the EPA.

For the repository management tasks, the performance goal is to maintain and manage the repository in a manner to stabilize and minimize the volume of waste in a manner to minimize future settlement, to place the material in a manner that maximizes slope stability and minimizes erosion following temporary vegetation to the extent practicable, and to prevent the release of contamination via surface water, sediments, seeps, vehicle track out or airborne dust. In addition, the Contractor shall control access and inspect, maintain and repair access roads leading to and within the repository to address wear and tear due to haul truck traffic and, within the repository, degradation by weather.

3.2 Performance Standards

For this contract, remediation of residential properties involves three distinct phases: 1) pre-excavation activities; 2) excavation activities; and 3) post-excavation activities. Each of these phases has distinct requirements that are described in the following subsections.

There may be multiple milestones and/or deliverables for each performance objective (see Section 4 Deliverables). Final decision authority regarding milestone and acceptable deliverable completions resides with the EPA COR and CO. The EPA has the authority to request for review any Contractor project documentation at any time, up to and including formal contract closeout.

3.3 Pre-Excavation Activities

Prior to beginning any excavation, the Contractor shall perform the following pre-excavation activities.

3.3.1 Task 1 – Plans

Prior to beginning Site work, the Contractor shall complete and obtain the EPA approval of the following plans (see Section 4 Deliverables): A Project Management Plan (PMP), Quality Management Plan (QMP), Quality Assurance Project Plan (QAPP), a Health and Safety Plan (HASP), a Storm Water Pollution Prevention Plan (SWPPP), and a Borrow Area Excavation and Restoration Plan (BAERP). The Contractor shall also update the Monthly Report with a revised work schedule for planning the following month.

3.3.2 Task 2 – Local Office

The Contractor shall maintain work space (local office) on or near the Site (within St. Francois County and within 20 miles of the intersection of Highway 67 and West Highway 32) for the duration of the contract, beginning at the onset of pre-excavation activities. The work space shall include a reception area, high-speed internet access, have parking that shall accommodate up to five vehicles at one time and be publicly accessible. The work space shall include space for planning and meeting with local citizens and with EPA personnel, separate from the Contractor’s work area. In addition, it shall also have bathroom facilities that are in compliance with local and state regulations.

The Contractor shall set up at the beginning, and remove at the end of construction, all temporary facilities, and pre and post project signage.

3.3.3 Task 3 – Road Agreements

The Contractor shall establish a formal, written agreement with the St. Francois County Commission and all relevant municipalities/communities regarding truck traffic. The agreement must be signed by the respective county commissioners, city/community administrators, and the contractor prior to the issuance of the notice to proceed. The agreement shall clearly state that the Contractor is responsible for repair or reimbursement of damage resulting from Contractor’s use of the roads for transportation purposes or in order to carry out the work the Contractor is performing. The Contractor will not receive final payment for the contract until repair or reimbursement of road damage is completed.

Prior to work in a given area, the Contractor shall prepare and maintain dated photographic/video documentation of all transportation routes planned for use by trucks and other heavy equipment the Contractor plans to use in that area. If after remediation, the contractor shall address all accusations of damage are made by a property owner, the city, county, or state. If no photographic/video documentation exists, or the quality of information doesn’t allow the relevant parties to make a determination of the fact or the cause of the damage, the Contractor may be held liable for the negligence. The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for damage. The Government shall in no event be liable or responsible for damage to any property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage in such cases. Evaluation of road damage from pre-project to post-project asphalt road surface conditions shall be based on the PASER, Asphalt Roads Manual (WTIC, 2013), http://epdfiles.engr.wisc.edu/pdf_web_files/tic/manuals/asphalt-paser_02_rev13.pdf

This agreement shall, at a minimum, define primary haul routes to and from the repository and backfill source areas; identify road and bridge weight limits with which the Contractor agrees to comply to help prevent road and bridge damage due to truck traffic; include a complete list of trucks being used (owned and subcontracted) with stated weight limits and capacity; and, include a detailed plan to provide for repair or reimbursement to the respective jurisdiction(s) for such repair with timelines for repair/reimbursement. The Contractor must provide weight limits and capacities for any trucks (owned or subcontracted) added to the fleet during the duration of the Contract. A detailed description of dust suppression methods shall be included in the individual Road Agreements for the county, city and community governments.

The Contractor shall comply with all load limits on roads used and provide documentation to the COR and the county/municipalities of any situation that requires these limits to be exceeded. All trucks, whether owned or subcontracted, are subject to load verification without advance notice by the EPA or other state and local authorities to evaluate compliance with load limits and road agreements. The Contractor shall also minimize, to a practical extent, truck roadside idling while waiting to be loaded and slow/no speed steering.

3.3.4 Task 4 – Properties, Site Sketches, and Access Agreements

A map outlining the area of the properties requiring remediation is included in Enclosure C. The EPA will provide a web address to download site sketches which provide graphical depictions of the residential properties, analytical data, and the foot print of permanent structures. The residential properties subject to this PWS require remediation of areas depicted in the property sketch. Some sketches are not to scale and may require updating if the pre-excavation site walk reveals changes to the property. If a site sketch does not accurately identify the property or the contaminated portions, the Contractor shall immediately notify the COR to have the sketch corrected.

The EPA may have obtained a signed access agreement for a property prior to commencement of excavation activities. If an access agreement for remediation has not been signed or ownership has changed, it is the responsibility of the Contractor to attempt to acquire a signed access agreement. If after mailing, calling, and in-person attempts, the contractor is unsuccessful in acquiring a signed access agreement, the Contractor shall provide a detailed record of the attempts to the EPA, and the EPA will determine whether to provide another property as a replacement. In cases where a legal property purchase contract is in place on a property, the Contractor shall notify the EPA, and the Contractor shall obtain access from both the current owner and the prospective buyer.

The Contractor shall document in writing, any/all agreements made with property owners within the scope of this PWS (See Section 3.5.2). The agreements shall be included in the property file folder and described in the Monthly Reports. The agreement shall be signed by both the property owner and a Contractor representative and clearly state all agreements reached. For example, these agreements may include areas to be left undisturbed or areas requiring specific restoration actions. The Contractor shall also fulfill these agreements (within the scope of this PWS) or forward them to the EPA. If a property owner insists that areas possessing contamination not be remediated (e.g., flower-beds, landscaping, etc.)

the Contractor shall: 1 - Notify the COR, unless present, of the proposed change; 2 - Illustrate such areas on a second site sketch; 3 - include the signed agreement form with an explanation why such area was not remediated, and; 4 - place the documentation in the on-site records (property file folder). The Contractor shall provide the EPA a copy of all such site sketches in the property file folder. Occasionally, the EPA may enter into agreements with property owners regarding the property remediation. If such a written agreement exists, it will be provided to the Contractor prior to beginning the excavation at the relevant property. The Contractor shall not establish any documentation or agreement with any property owner that exempts the Contractor from his/her obligation to complete remediation or restoration of the property or deliverables stated in this PWS. A copy of any agreement with a property owner shall be provided to the EPA once the agreement is signed and the Contractor shall include the agreement in the property folder.

When conducting the work defined by this PWS, the Contractor shall communicate to the residential property owners the following general principles, as necessary:

1. The goal of the remedial action is to remove lead-contaminated material that poses a risk to human health, not to enhance or improve property;

2. Decisions made on property-specific items (e.g., to remove a tree or dig around it) are based on the best interest of the EPA and the health of the community.

3.3.5 Task 5 – Pre-Excavation Site Walks

The Contractor shall schedule the pre-excavation site walks at properties prior to initiating excavation.

This shall involve the following activities:

Coordinating with the schedules of the EPA personnel, property owners and the ETS Establishing a meeting time at the property to conduct the pre-excavation site walk Scheduling site walks one to two weeks prior to construction activities at each property Keeping a list of scheduled pre-excavation site walks and notifying the EPA at least two working days in advance of the schedule, and scheduling pre-excavation site walks Tuesdays through Thursdays.

The Contractor shall ensure that site walks are not scheduled too far in advance of the estimated date of mobilization to the property so that information generated during the site walk is not lost or outdated.

If a site walk cannot be scheduled Tuesday through Thursday, the contractor shall notify the COR and request approval to conduct the site walks outside this period on a date when the homeowner or a designated homeowner representative is available. The EPA will attempt to accompany the contractor on site walks scheduled Tuesday through Thursday. Site walks scheduled outside this period, if prior approval is given by the EPA, may be conducted exclusively by the contractor without an accompanying EPA COR or representative.

The purpose of the pre-excavation site walk is to discuss the proposed excavation activities and identify areas of concern. At this time, the Contractor shall discuss any alternate entrances/exits onto the property with the EPA and property owner. If. entrances/exits require access to adjacent properties, the Contractor shall obtain approval from the COR and written access from every affected property owner, including city and county municipalities.

The Contractor shall take photographs and video, which display the date the visual support was taken of the pre-excavation state of the property and all locations from the street (alleys, crossing sidewalks, etc.)

used to access the property. If there is ever disagreement as to the pre-excavation condition of the property and the photographic and/or video evidence is insufficient to make determination of fault, the Contractor shall be responsible for addressing the complaint and making the necessary repairs at no cost to the EPA. The Contractor shall maintain all photographic and video evidence on-site and have it available to the EPA upon request. The Contractor shall ensure that video/photographic information can be viewed on-site. The Contractor shall use the site sketch as a guide in determining which areas of the property shall be excavated. The EPA reserves the right to modify the area of excavation based on any new information from drip zone sampling, site walks, or other sources.

Generally, the property owner is responsible for removing personal items from the area to be remediated.

The Contractor shall explain to the property owner what items need to be moved from excavation/access zones during the pre-excavation site walk. In cases where personal items remain on the property that would interfere with the excavation, the Contractor shall temporarily relocate (with the property owner’s written permission) the personal items (e.g., stacked wood, swing sets, lawn items, items the property owner is unable to move, etc.) in order to complete the work unless otherwise informed by the EPA. As required for excavation and approved in writing by the property owner, the Contractor shall clear and dispose of, or relocate, limited amounts of bushes, shrubs, and small trees within the area of excavation.

Permanent structures (houses, pools, patios, decks, sheds, etc.) shall not be removed. Due to site conditions, sidewalks and driveways may require excavation; however, prior written approval from the COR and the property owner is required on a case-by-case basis. Removal of large trees or large tree stumps or concrete pads is generally not necessary. There is potential for lead contamination to be present under decks, porches, patios, and inside garages or out-buildings that the Contractor shall be required to excavate. The Contractor shall use the form provided in Enclosure D (or another form approved by the EPA) to document pre-excavation conditions at each residential yard.

Please note: The EPA does not have authority to improve an individual’s property. It is critical that the Contractor communicate this to the property owner during the pre-excavation site walk.

3.3.6 Task 6 – Identify Utilities, On-site Sewage Systems, and Other Buried Structures

The Contractor shall be responsible for contacting Missouri One Call (also commonly referred to as Dig- Rite) to locate and mark all utilities prior to beginning excavation activities.

The Contractor shall make best efforts to interview property owners and utility workers and formally document and locate utilities and buried structures that are not located by the “1-800-DIG-RITE” utility line locator system for Missouri. This shall include interviewing homeowners and conducting a thorough site inspection, including but not limited to gas lines, electric lines, irrigation systems, on-site sewage systems and subsurface drainage systems that are part of the property and are not documented by the utility line locator system. The Contractor shall contact the EPA in advance where standard excavation could cause harm, such as around septic tanks or near utilities (fiber optic lines, gas and water mains, sewers, etc.). In such cases, limited or no excavation may be authorized by the EPA. Areas not excavated due to utilities or where any contamination exceeding the cleanup standard is left in place shall be documented by the Contractor on the As Built Site Sketch, photographed and kept in the site file with an “Areas Not Addressed Summary” describing portions of the property and circumstances where soils exceeding cleanup criteria were not remediated, such as due to existing barriers to exposure. The Contractor shall repair or replace, in accordance with local, county, and state regulations, any on-site sewage systems or other regulated structures damaged during these activities. Modification or major repairs to on-site sewage systems shall be conducted in accordance with Missouri On-Site Wastewater Treatment Regulations: http://health.mo.gov/living/environment/onsite/lawsregs.php. Information specific for St. Francois County can be obtained through the County Health Department: http://sfchc.org/

3.4 Excavation Activity Requirements

3.4.1 Task 7 – Recordkeeping

The Contractor shall create a daily written record of the work progress for each day work is performed at the Site. An example format can be found in Enclosure E. On the first Monday of every month, the Contractor shall electronically submit a Monthly Report of all activities of the previous work period and provide detailed plans for the next work period to the EPA CORs as described in Section 4. Monthly Reports shall be in Microsoft Word format. An example format can be found in Enclosure F. Generally, the Contractor shall meet with the EPA each work-day to review the work completed and the work projected for the day. The Contractor shall keep a record of each property that is completed which includes but is not limited to: access agreements; records of correspondence; pre- and post-excavation site sketches and photo/video (each property’s photos and videos shall be recorded on an individual property-specific digital video disk (DVD), with no additional data being collected or stored on that DVD); the estimated square footage, volume (in cubic yards), number of truckloads and type of material removed from the property; final excavation area(s) locations and measurements; the volume (in cubic yards) and the number of truckloads of clean soil/gravel backfilled at the property; the dates work was performed at the property (site walk, excavation start and completion, backfill start and completion, final grade achieved, seeding, and final restoration and closeout); and sample results including drip zone and confirmation sampling results. The Contractor shall input and maintain this data in an EPA-provided database. The Contractor shall have Microsoft Word, Microsoft Excel, Microsoft Access, Adobe Reader, and a computer with high speed internet access at the local field office for this task.

The Contractor shall be responsible for preparing, obtaining, and maintaining all required permits and licenses for work involved in this project prior to starting excavation. With respect to permits, licenses, or any fulfillment of their substantive requirements, the Contractor shall notify the appropriate state and local agencies as to the nature and timing of activities that will occur.

The Contractor shall be responsible for obtaining data, maintaining records, and preparing all reports and submissions required to satisfy the PWS and other regulatory requirements.

The Contractor shall be responsible for documenting all correspondence with property owners, including those related to homeowner complaints. The Contractor shall use a standard form to track the complaints.

An example form is provided in Enclosure G. The Contractor shall handle each complaint individually and include a compilation of the complaints that occurred within the reporting period in each Monthly Report submittal.

The Contractor shall maintain all site documents in electronic format and shall maintain a hard copy and a media disk of all site-related documents in the Contractor’s site office (see Section 3.5.2 for more information). Upon request by the EPA, the Contractor shall provide the EPA with hard copies and/or electronic copies of any site document.

The Contractor shall provide copies of the pre- and post-excavation photographs taken for each property in the monthly Property Folder Submissions. Photographic copies shall be provided electronically in JPEG format on the property DVD. (Note: other video/photo formats may be accepted with prior written approval from the COR.) The Contractor shall also provide copies of photos and video (digital video clips shall be provided in Moving Picture Experts Group (MPEG) or Windows Media Video (WMV) format on the property DVD) taken of private, city, and county roads at the end of each contract year as part of the Annual Report. (Note: other video/photo formats may be accepted with prior written approval from the

COR.)

The Contractor shall provide all electronic and hard copy files to the EPA at the end of work at each property as part of the Annual Report.

3.4.2 Task 8 – Excavation of Properties

The objective of the excavation work is to remove lead-contaminated material greater than or equal to 400 parts per million (ppm) in areas delineated by the EPA and consistent with the ROD. For this action, excavation shall be performed to address lead-contaminated materials. The area of a residential property to be excavated shall not exceed one acre unless authorized by the EPA. In general, excavated areas will be located within approximately 100 feet of an occupied or vacant dwelling as represented on site sketches provided. Occasionally, the EPA may require additional excavation outside of the normal parameters of a property, such as play areas or gardens outside of a 100-foot perimeter from the home.

The Contractor shall report any potentially contaminated soil (substances other than heavy metals from mining activities such as evidence of oil spills, strange odors, etc.) to the EPA prior to excavation. If during the excavation the Contractor identifies contamination by any other substance (e.g., fuel oil, solvents, asbestos tiles, etc.), the Contractor shall stop excavation and notify the EPA immediately. The Contractor shall document site conditions and notify the EPA if the Contractor discovers any substantial anthropogenic materials. In any event the Contractor causes damage to or compromises the structural integrity of any utility (including unknown or unexpected utilities) the Contractor shall repair or replace such utilities to the satisfaction of and at no cost to property owner, utility company or the EPA. All repairs or replacement of damaged utilities shall meet all current local, county and/or state ordinances and codes. The repair shall also be approved by the local utility or the homeowner in writing. Generally, the Contractor shall not excavate in areas with dense vegetation (woods), unless authorized by the EPA.

Additionally, the Contractor generally will not be required to remove soil beyond boundaries such as the end of a property, into a pasture, or within a buffer zone or riparian corridor of a creek/river. Children’s play areas such as swing sets and sand boxes shall be the Contractor’s priority at a given property unless otherwise approved by the EPA.

The Contractor shall confine his/her activities to the residential property locations designated as requiring excavation, the soil repository, backfill source areas as determined by the Contractor and approved by the

EPA.

The contract is a fixed, unit price contract under which payment to the Contractor shall be based on area remediated in square footage of contaminated soil/chat removed on a price per property basis and within a 12-inch horizon. The surface area of lead-contaminated soil removed shall be included in the post-remediation As-Built Sketches as measured by the ETS and confirmed by both the Contractor and the EPA. The measurements by the Contractor and the ETS shall agree within three percent of the total area;

where a discrepancy of greater than three percent is encountered, the Contractor and ETS shall resolve the discrepancy through discussion or contact the EPA for reconciliation. Residential cleanup properties vary in size, shape, obstacles present and volume of contaminated material to be removed and the EPA places no guarantee on these variables.

The Contractor shall achieve the cleanup objectives at each property while complying with the following provisions:

Coordination with the EPA/ETS: The Contractor shall notify the EPA and ETS of both the scheduled start of each property excavation, and when the Contractor is nearing the completion of soil removal at the property under the provisions as stated below. Prior to completing the excavation, the EPA or ETS shall measure the lead concentration by taking XRF soil samples to verify that the cleanup criteria are met.

Sample collection and processing will often take several hours and possibly up to a day for analysis, particularly in wet conditions. The contractor shall plan excavations with expected analysis delays for a 24-hour period after the sample is collected.

Work Zones: Per the Site-Specific HASP, the Contractor shall establish “work zones” at all work locations with highly visible caution tape, impassible construction fence or other barriers. In non-working areas, the Contractor shall ensure the safety of the public and residents from hazards such as slip, trip and fall hazards at all times while the Contractor is active and present at each site. The Contractor shall ensure safe access for all residents to and from their houses throughout the remedial process. The Contractor shall be held responsible for any contaminated material leaving the work zone of each respective site.

The Contractor shall avoid swinging machinery buckets over property lines and over uncontaminated areas (outside the work zone). If no options exist, the Contractor shall obtain written access from any affected property owner(s) prior to the work, expand the work zone to include the additional area and protect the uncontaminated property (plastic sheeting or other barrier).

Ground surface to 12 inches below ground surface: The first excavation is between the original ground surfaces, down to 12 inches below ground surface and excavation is complete if it achieves a lead soil concentration of less than 1,200 ppm at the 12-inch base. At such time the applicable soil concentrations are confirmed by the EPA or ETS, the area and depth shall be measured and confirmed by the Contractor and the EPA or ETS. Once confirmed, excavation is considered complete and can be backfilled. An exception to removing a full 12-inch lift is if the Contractor can display that an average soil lead concentration of less than 100 ppm (maximum lead concentration for residential cleanup backfill/topsoil) can be achieved at any depth less than the full 12 inches, is continuous to a full 12-inch depth below ground surface, and is approved by the COR, full credit will be granted under the payment schedule. It is the burden of the Contractor to initiate this finding which then shall be confirmed by the EPA or ETS.

12 to 24 inches below ground surface: If after excavating the first 12-inch lift the lead soil concentration remains greater than or equal to 1200 ppm, the contractor shall excavate another 12-inch lift. The 12 to 24-inch lift applies to any excavation below 12 inches in depth from the original ground surface that achieves a base soil concentration of greater than or equal to 1200 ppm lead. The Contractor shall obtain prior approval from the EPA to commence excavation to the 24-inch depth. If a soil concentration below 1200 ppm lead cannot be achieved at the base of excavation within the 12” to 24” excavation lift, a permanent demarcation barrier shall be placed at the excavation base prior to backfilling.

Garden areas: In garden areas, if the in-situ soil samples or composite sample described above do not meet the cleanup goal of less than 400 ppm lead after excavation of the first 12 inches, excavation shall continue to a depth of 24 inches. If the concentration at the base of the 24-inch excavation is greater than or equal to 400 ppm as verified by the EPA or ETS, the Contractor shall place a pre-approved visual warning or demarcation barrier. Requests by property owners to move garden areas shall be forwarded to the EPA for approval prior to action.

Driveways and garage interiors – The Contractor shall excavate gravel driveways in the same manner as soil. Some garages may have contaminated gravel or dirt floors that require hand excavation and placement of gravel upon written approval by the COR and property owner. Heavy machinery may be used in garage interiors if approved by the EPA and the property owner in advance. If after approval the Contractor chooses to use machinery in these areas, the Contractor assumes all responsibility for damage caused by the Contractor’s actions. Gravel specifications for backfill of the inside of garages are the same as driveway specifications (see Task 12). Upon consultation and with prior written approval by the EPA and property owner, the Contractor may remove asphalt/concrete driveways which have deteriorated beyond repair and replace those structures with gravel.

Asphalt or concrete driveways are considered impermeable and encapsulating of any mine waste they may cover. The EPA does not intend to replace maintained, paved driveways. If the Contractor damages asphalt or concrete driveways, the Contractor shall be responsible for repair or replacement of the driveway with non-lead bearing material to the satisfaction of the homeowner at no cost to the EPA.

Asphalt or concrete driveways that have been damaged by the Contractor shall be repaired or replaced by the Contractor with materials agreed to by the property owner and documented on a property owner issue form such as the example provided in Enclosure G.

Drip Zones – A drip zone is an area around the painted (or previously painted) exterior walls of a house or structure that receives most of the rain runoff from the house or structure. Drip zones vary in size from structure to structure but generally extend from 6 to 30 inches beyond the foundation of the residence. If the EPA sampled drip zones exceed a lead concentration of 400 ppm, then the drip zones around the entire structure shall be excavated and restored at any home that qualifies for soil remediation. Drip zone soils within any quadrant that qualify for excavation shall also be excavated as part of the quadrant excavation but the entire drip zone around the home shall only be excavated if it also exceeds a lead concentration of 400 ppm. The Contractor shall excavate the drip zones by hand to avoid damage to the house/structure by heavy equipment. If the Contractor uses machinery in or around drip zone areas, the Contractor assumes all responsibility and expense for damage caused by the Contractor’s actions.

The depth of drip zone excavations shall be limited to a maximum of 12 inches bgs so that excavation does not jeopardize the structural integrity of the house foundation/footing. This determination will be made in the field on a case-by-case basis by the EPA based on each situation and the analytical data presented. The technique of tapering or angling away from the foundation after excavating several inches bgs is an acceptable practice around sensitive or unstable structures. If the level of contamination in the drip zone remains above 1,200 mg/kg at 12-inches bgs, placement of an approved visual warning barrier shall be required. The Contractor shall document the location and dimensions of any contaminated material left in place and record the location and dimensions of the barrier placed at depth on the post-excavation site sketch prior to backfilling.

Uniform Excavation: Excavations are required to be of fairly uniform depth across the surface area of a property.