3_FUZ_Performance_Work_Statement_051818_FINAL.pdf

ATTACHMENT 1

Performance Work Statement

REMEDIAL ACTION

FORMER UNITED ZINC AND ASSOCIATED

SMELTERS OPERABLE UNIT 01

ALLEN COUNTY, KANSAS CERCLIS ID:

KSN000705026

April 2018

Prepared by: Don Bahnke

U.S. EPA

11201 Renner Blvd Lenexa, Kansas 66219

Contents

1. BACKGROUND AND PURPOSE

2. SCOPE OF WORK

3. PROJECT MANAGEMENT

3.1 Execution of Work

3.2 Quality Assurance and Quality Control

3.3 Health and Safety Program

4. SCHEDULE/MILESTONES

4.1 Schedule of Property Cleanups

4.2 On-site Personnel

5. PERFORMANCE CRITERIA AND REQUIREMENTS

5.1 Tasks 8

5.2 Pre Excavation Activities

5.2.1 Task 1 – Plans and Road Agreements

5.2.2 Task 2 – Local Office

5.2.3 Task 3 - Properties, Site Sketches and Access agreements

5.2.4 Task 4 – Drip Zone Sample Collection

5.2.5 Task 5 – Pre-Excavation Site Walks

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

5.3 Excavation Activity Requirements

5.3.1 Task 7 – Recordkeeping

5.3.2 Task 8 – Property Excavation

5.3.3 Task 9 – Final Determination of Area and Volume Excavated

5.3.4 Task 10 – Transportation and Disposal and Consolidation

5.3.5 Task 11 – Backfill Quality and Grading

5.3.6 Task 12 – Dust Suppression

5.3.7 Task 13 – Lawn Restoration

5.3.8 Task 14 – Landscaping

5.3.9 Task 15 – Replacement of Removed or Damaged Items

5.3.10 Task 16 – Repair/Maintenance of Previously Remediated Properties

5.4 Post Excavation Activities

5.4.1 Task 17 – Final Property Closeout Inspection

5.4.2 Task 18 – Property Folder Submission

5.4.3 Task 19 – Annual Remedial Action Reports

5.4.4 Task 20 – Composite Samples for Excavation Verification, Backfill and Sod Quality

5.5 Community Involvement and Communication

6. DELIVERABLES

REFERENCES

Enclosure A: Key Terms

Enclosure B: List of Properties Subject to Remediation

Enclosure C: Site Location Map

Enclosure D: Significant Project Deliverables, Dates and Milestones

Enclosure E: Example Property Pre-Excavation Inspection Checklist

Enclosure F: Example Pre-Excavation Agreement Form

Enclosure G: Example Format of Bi-Weekly Report

Enclosure H: Example Daily Report

Enclosure I: Example Property Owner Issues Form

Enclosure J: Example Property Closeout Form

Enclosure K: Example Property Owner Satisfaction Survey

Enclosure L: Example Post-Excavation Settlement Agreement

Enclosure M: Quality Assurance Surveillance Plan (QASP)

1. BACKGROUND AND PURPOSE

The purpose of this Performance Work Statement (PWS) is to describe the tasks necessary to perform the Remedial Action (RA) at the Former United Zinc and Associated Smelters Superfund Site on Operable Unit 01 – Residential Property which is described in the Record of Decision (ROD) dated April 2017. The contractor shall be familiar with the ROD for OU01 and utilize it for reference. The ROD can be accessed via the online administrative record (AR 63756) at the following link: https://semspub.epa.gov/src/collection/07/AR63756. All actions shall be conducted consistent with 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 dated August 2003 (Handbook) and this PWS. Definitions of key terms used in the PWS are included in Enclosure A:

Key Terms.

The Handbook can be found at the following link: https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100K3UN.PDF.

The RA 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. Tasks described in this PWS are consistent with the ROD and the NCP.

The Contractor shall furnish all necessary services and equipment in order to meet the performance standards and successfully accomplish the requirements of this PWS, including, but not limited to, labor, materials, equipment, site management, office support, and incidental items. The constructed remedies of these response actions are necessary to protect human health from environmental risks posed by the exposure to contaminated soil, sediment and mine waste containing lead and other heavy metals.

2. SCOPE OF WORK

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. The OU1 ROD sets forth the Selected Remedy in order to accomplish Remedial Action Objectives for the Site. Any property with one or more non drip zone surface soil concentration equal to or greater than 400 ppm for lead or 35 ppm for arsenic is eligible for the remedial action. Once a property is identified as eligible for remediation, a minimum of 12 inches of soil must be removed from all areas that have lead at 200 ppm or greater at the surface including the drip zone. If the residual concentration of lead in the initial excavation is greater than or equal to 1,200 mg/kg at 12-inches below ground surface (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. Once excavation is deemed complete, the property shall then be restored, with backfill that is 100 ppm lead or less, to pre-excavation conditions and appropriate landscaping. Satisfactory completion of the above stated tasks will result in achieving individual property closeouts with the property owners and the EPA.

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.

EPA estimates approximately 1,067 properties will be eligible for remediation. From recent excavation data collected between 2015-2017, approximately 9% of the properties equal to or less than 43,560 square feet will require some amount of excavation from 12 to 24 inches below ground surface. Properties that require excavation below 12 inches will be identified utilizing confirmation sampling at the base of the excavation on a quadrant by quadrant basis. In addition, the EPA does not believe it will be necessary to excavate more than 12 inches below the surface at the four properties greater than 43,560 square feet. However, if the cleanup criteria cannot be https://semspub.epa.gov/src/collection/07/AR63756 https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100K3UN.PDF achieved at a 12-inch depth at these properties, the contractor must obtain approval from the EPA Contracting Officer’s Representative (COR) before excavating more than 12 inches below the ground surface.

The EPA is currently unaware of any property that qualifies for remedial action by arsenic alone. However, soil testing is still being done at the site and it is possible that such a situation may occur. See Enclosure B: List of Properties Subject to Remediation for a complete list of properties currently eligible for remediation and Enclosure C: Site Location Map for site location map.

3. PROJECT MANAGEMENT

The Contractor shall adhere to the following when developing their Project Management Plan (PMP), schedule and methods for conducting remedial activities. Enclosure D: Significant Project Deliverable Dates and Milestones provides a table of significant project deliverable dates and milestones.

3.1 Execution of Work

• Fieldwork shall be confined to the following times:

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

• Excavation of properties shall be conducted from March 1 through December 15. Other field-work may be allowed from December 16 through February 28, as weather and conditions allow.

• The Contractor may elect to stop excavating yards prior to December 15 in anticipation of potential delays related to weather and in order to ensure timely backfill and successful revegetation of excavated properties.

• 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 document any work stoppage/delays due to adverse weather conditions and include documentation and/or supporting rationale as to the delay in the bi-weekly report.

• 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, 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 appoint crew leaders for each crew and maintain current contact information, credentials, certifications, etc., accessible to the EPA COR or the EPA Representative.

• 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 bi-weekly meetings, on the first and third Tuesdays of every month after the start of construction. Attendance at these meetings shall consist of, at a minimum, the EPA COR(s), the contractor’s project manager and the contractor’s site superintendent. Other personnel may attend these meetings as needed. Meetings shall be conducted at the Contractor field office and teleconference capabilities shall be provided as needed. Meetings will address site progress, issues and future planning. Bi-weekly Reports shall be provided to the EPA COR at these meetings.

• 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.

3.2 Quality Assurance and Quality Control

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 (see Section 6 of this PWS for a detailed list of deliverables).

3.3 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 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.

4. SCHEDULE/MILESTONES

4.1 Schedule of Property Cleanups

The Contractor shall propose a schedule for property cleanups associated with this contract for 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 two months 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 Bi-weekly 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 6 for details).

Additionally, the Contractor shall also 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 COR. Upcoming site walks shall be scheduled to be conducted Tuesday through Thursday and at least two working days’ advance notice given to the EPA COR.

The Contractor shall prioritize the residential cleanups based on the following system:

i. the presence of children less than 72 months of age,

ii. properties with higher lead concentrations, followed by

iii. properties grouped in the same geographic area to minimize frequency of disturbance.

Circumstances may arise in which the EPA is made aware of particular properties that should be remediated in an expedited fashion. 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 EPA COR in writing, shall not remediate the property, and shall record this in the Bi-weekly Report.

The EPA reserves the right to add properties to, remove properties from, and/or re-prioritize the property list (Enclosure B: List of Properties Subject to Remediation) for any reason.

The properties assigned to the Contractor shall generally be in lots of approximately 50 properties.

4.2 On-site Personnel

All on-site contractor personnel shall 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 to review at any time. Copies of all certificates demonstrating currency for required trainings for key personnel must be furnished to the EPA COR within 30 calendar days of contract award.

5. PERFORMANCE CRITERIA AND REQUIREMENTS

5.1 Tasks

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 6 for a list of deliverables and Enclosure D: Significant Project Deliverable Dates and Milestones for a table of significant project deliverable dates and milestones). 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.

5.2 Pre Excavation Activities

5.2.1 Task 1 – Plans and Road Agreements

Prior to the issuance of the Notice to Proceed, the Contractor shall complete and obtain the EPA’s approval of the following plans (see Section 6 Deliverables): Project Management Plan (PMP), Quality Management Plan (QMP), Quality Assurance Project Plan (QAPP), HASP, Surface Water Pollution Prevention Plan (SWPPP) and Borrow Area Excavation and Restoration Plan (BAERP). In addition, the Contractor shall establish a formal, written agreement with the Allen County Commission and all relevant municipalities/communities prior to the issuance of the Notice to Proceed (see Section 6 Deliverables). The Contractor shall also update the Bi-weekly work schedule for planning the following two months.

5.2.2 Task 2 – Local Office

The Contractor shall maintain work space (local office) within the city limits of the City of Iola, Kansas for the duration of the contract, beginning at the onset of pre-excavation activities. The work space shall include a reception area and 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 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. Additionally, the space should have an environmentally controlled area to enable sample preparation and analysis.

The Contractor shall set up at the beginning, and remove at the end of construction, all temporary facilities, pre- and post- project signage, and provide cleanup verification through sampling using a portable X-ray fluorescence (XRF) analyzer.

5.2.3 Task 3 - Properties, Site Sketches and Access agreements

A map outlining the area of the properties requiring remediation is in Enclosure C: Site Location Map. The EPA will provide electronic versions of site sketches which provide graphical depictions of the residential properties, analytical data, and the footprint of permanent structures. The residential properties subject to this PWS require remediation of areas depicted in the property sketch. Some sketches may require updating by the Contractor 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 to the property, the Contractor shall immediately notify the COR.

It is the responsibility of the Contractor to attempt to acquire a signed access agreement from property owners. The EPA COR will provide the property access form. 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 COR, 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 COR, and the Contractor shall obtain access from both the current owner and the prospective buyer. All property access agreements shall be included in the property file folder and in the EPA provided database.

The Contractor shall document in writing any/all agreements (other than the property access agreement) made with property owners within the scope of this PWS (see Section 5.3.1). The agreements shall be included in the property file folder and described in the Bi-weekly 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 COR. If a property owner insists that contaminated areas should not to be remediated (e.g., flower-beds, landscaping, etc.) the Contractor shall: 1 - Notify the COR in writing 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 COR 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 COR 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.

5.2.4 Task 4 – Drip Zone Sample Collection

Once access is obtained but prior to the pre-excavation site walk, the Contractor shall collect a drip zone sample if it has not been previously sampled. The first list of properties assigned to the Contractor for remediation are listed in Enclosure B: List of Properties Subject to Remediation. The drip zone composite sample consists of four aliquots of surface soil (0-1 inch bgs) collected from 6 to 30 inches from the exterior walls of the house or other painted building in each sample area. The Contractor shall enter the appropriate data generated from sample analysis into the EPA-provided database. The contractor will also update the pre-excavation sketch with the drip zone lead concentration and upload that information into the EPA database. If the drip zone exceeds a lead concentration of 200 ppm at the surface and at least one non-drip zone yard quadrant is also greater than 400 ppm, then the drip zones around the entire structure will be excavated and restored.

5.2.5 Task 5 – Pre-Excavation Site Walks

The Contractor shall schedule the pre-excavation site walks at properties with the property owner or property owner’s representative prior to initiating excavation. This shall involve the following activities:

• Coordinating with the schedules of the EPA personnel and the property owners;

• 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; and

• Keeping a list of scheduled pre-excavation site walks and notifying the EPA COR 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 so far in advance of the estimated date of mobilization to the property 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 COR 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 COR, 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 COR 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 E: Example Property Pre-Excavation Inspection Checklist (or another form approved by the EPA) to document pre-excavation conditions at each residential yard.

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

The Contractor shall be responsible for contacting Kansas 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 and formally document property owners/utility workers and locate utilities and buried structures that are not located by the “1-800-DIG-RITE” utility line locator system for Kansas. 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 COR 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 COR. 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. 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 and/or the EPA. Such repair or replacement shall be in accordance with local, county, and state regulations. The repair shall also be approved by the local utility or the homeowner in writing.

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 Kansas On-Site Wastewater Treatment Regulations:

http://www.kdheks.gov/nps/resources/mf2214.pdf. Information specific for Allen County can be obtained at the following link: http://www.kdheks.gov/nps/lepp/county_codes/AllenCountyCode.pdf.

5.3 Excavation Activity Requirements

5.3.1 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 H: Example Daily Report. On the first and third Mondays of every month, the Contractor shall electronically submit a Bi-weekly 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 6. Bi-weekly Reports shall be in Microsoft Word format (see Enclosure G: Example Format of Bi-Weekly Report).

http://www.kdheks.gov/nps/resources/mf2214.pdf http://www.kdheks.gov/nps/lepp/county_codes/AllenCountyCode.pdf

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 the property folder updated, including but not limited to the following documents:

• Access agreements

• Records of correspondence

• Pre- and post-excavation site sketches and photo/video (each property’s photos and videos will be recorded on an individual property-specific digital video disc [DVD], with no additional data being collected or stored on that DVD)

• The estimated square footage of excavated area.

• The tons/cubic yards, number of truckloads and type of material removed from the property1

• Final excavation area locations and measurements

• The tons/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) 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 a copy of 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 I: Example Property Owner Issues Form. The Contractor shall handle each complaint individually and include a compilation of the complaints that occurred within the reporting period in each Bi-weekly 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. Upon request by the EPA, the Contractor shall provide the EPA COR 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 Property Folder Submissions. Photographic copies shall be provided electronically in Joint Photographic Experts Group (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

1 For the purposes of this contract, an average density of 1.2 tons per cubic yard will be used to convert from volume to weight.

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 in electronic format. (Note: other video/photo formats may be accepted with prior written approval from the COR.)

5.3.2 Task 8 – Property Excavation

The EPA will identify properties with lead and/or arsenic-contaminated residential material equal to or greater than 400 parts per million (ppm) lead or 35 ppm arsenic. These properties will be marked as eligible for remedial activities. At these eligible properties, the Contractor shall remove lead-contaminated material greater than or equal to 200 ppm or arsenic-contaminated material greater than or equal to 35 ppm in areas delineated by the EPA and consistent with the interim ROD. 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 the 100-foot perimeter from the home. The Contractor shall report any potentially contaminated soil (substances other than heavy metals from mining activities) to the EPA prior to excavation (evidence of oil stains, strange odors, etc.). If during the excavation the Contractor identifies an old fuel tank or soil that has been contaminated by any other substance (e.g., fuel oil, solvents, asbestos tiles, etc.), the Contractor shall stop excavation and notify the EPA immediately.

Generally, the Contractor shall not excavate in areas with dense vegetation (woods), unless authorized by the EPA COR. 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 COR.

The Contractor shall confine his/her activities to the residential property locations designated as requiring excavation, the disposal location chosen for contaminated soil (for example, the Allen County Landfill), backfill source areas as determined by the Contractor, and all transportation routes approved by the EPA.

The surface area of lead-contaminated soil removed shall be included in the post-remediation as-built sketches as measured by the Contractor and confirmed by the EPA. The measurements by the Contractor and the EPA shall agree within three percent of the total area; where a discrepancy of greater than three percent is encountered, the Contractor and the EPA shall resolve the discrepancy through discussion. No additional charge will be allowed for excavation of areas that are not deemed eligible for remediation by the EPA. 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 taking the following factors into consideration:

Coordination with the EPA: The Contractor shall notify the EPA COR 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 Contractor shall measure the lead concentration at the base of the excavation by taking XRF soil samples to verify that the cleanup criteria are met in accordance with the EPA approved QAPP. The EPA reserves the right to confirm sample results or collect additional samples.

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. The area and depth will be measured and confirmed by the Contractor, once applicable soil contaminant concentrations are confirmed. Once confirmed, excavation is considered complete and can be backfilled.

Ground surface 12 to 24 inches below ground surface: If after excavating the first 12-inch lift the lead soil concentration still exceeds 1,200 ppm the contractor shall excavate another 12-inch lift. The Contractor shall obtain approval from the EPA COR prior to commencing excavation to the 24-inch depth. 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 less than 1,200 ppm lead. If a soil concentration below 1,200 ppm lead cannot be achieved at the base of excavation within the 12 to 24-inch excavation lift, a pre-approved permanent demarcation barrier shall be placed at the excavation base prior to backfilling. During excavation, each 12-inch lift will be measured in square footage.

The contractor will encounter some quadrants with lead concentrations above 1,200 ppm at 12-inch depth, requiring excavation of a second 12-inch lift. EPA is unable to estimate the number of quadrants that will require excavation below 12 inches. Removal action performed at the site from August 2015 to December, 2017 addressed lead concentrations at or above 400 ppm. During this time, 288 properties were cleaned up by excavating 1,087 quadrants. Only 102 quadrants at 61 properties required excavation below 12 inches. Should a second 12-inch lift be required for any quadrant within a property, the total square footage of the affected property will be increased to account for the additional tonnage. The final square footage amount will determine under which sub-CLIN the affected property should be applied.

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 200 ppm lead after excavation of the first 12 inches. The Contractor shall obtain approval from the EPA COR prior to commencing excavation to the 24-inch depth. If the concentration at the base of the 24-inch excavation is not below 1,200 ppm, the Contractor shall place a pre-approved permanent demarcation barrier.

Requests by property owners to move garden areas shall be forwarded to the EPA COR for approval prior to action.

Unpaved 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 COR 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 Section 5.3.4 Task 10 – Transportation and Disposal and Consolidation). Upon consultation and with prior written approval by the EPA COR 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 I: Example Property Owner Issues Form.

Drip Zones – A drip zone is an area around the painted (or previously painted) exterior walls of a house or structure that receives the majority 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. Qualifying properties having drip zones with surface lead contamination 200 ppm or greater at properties listed shall require excavation to depths in the same manner as all other areas. The Contractor shall excavate the drip zones by hand to avoid damage to the house/structure by heavy equipment. The Contractor assumes all responsibility and expense for damage caused by the Contractor’s actions.

The depth of drip zone excavations shall be excavated to 12 inches bgs. If the level of lead 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.

The Contractor shall not mechanically spread contaminated material onto clean areas and shall take all necessary precautions to prevent the spread of contaminated materials (plastic barrier, erosion control measures, etc.). If cross contamination or contamination spreading is identified by the EPA, the contractor shall remediate the areas affected at no cost to the EPA.

Property Damages: The Contractor shall excavate soil/gravel without damage to houses, sidewalks, curbs, driveways, utilities, and other items at each property. The Contractor shall exercise caution when excavating adjacent to permanent structures (houses, patios, pools, decks, walkways, retaining walls, etc.). Excavation of soil beneath permanent structures shall not be performed in cases where these areas are inaccessible. If a deck extends away from a building and is located in a designated, lead-contaminated area and the area underneath the deck is accessible to small children, the material under the deck shall be excavated. Damage to sidewalks, structures, possessions, landscaping, etc., and subsequent repairs shall be thoroughly documented as to the cause, effect and resolution by the Contractor.

The Contractor shall make reasonable efforts to resolve property owner concerns about property damage to the property owner’s satisfaction. The EPA has no financial liability regarding damage to any property under this contract.

Live Plantings: The Contractor shall perform excavation around trees, bushes and shrubs to be left in- place in a manner that leaves, to the most practical extent possible, the entire root/bulbs intact and avoids damage to the roots.

Hand digging in these situations is recommended to prevent damage or disturbance to tree and other plantings root systems to establish a minimum excavation depth of 6 inches in the root zone location. Any ornamental plants removed by the contractor must be replaced by the contractor. If the Contractor modifies the property (e.g., dismantles the fence), damages the property (e.g., leaves ruts in the driveway, hits trees or other objects with excavator, etc.), the Contractor shall restore the area to its prior state or reach a settlement with the homeowner at no cost to the EPA. The Contractor may substitute a settlement payment in lieu of restoring the live plants if the owner agrees to such an arrangement. The contractor shall use a settlement form which shall be provided by the Contractor to the property owner with any and all agreements established between the Contractor (not the EPA) and the property owner. An example is included in Enclosure L: Example Post- Excavation Settlement Agreement.

Residual Contamination: Prior to backfilling, the Contractor shall document the location and dimensions of any contaminated material left in place and record the location and dimensions of any barrier placed at depth on the post-excavation as-built sketch for each property.

Timely Sampling Data Entry: Within five calendar days of meeting the cleanup criteria or placing a barrier at depth at a property, the contractor shall enter the final excavation base data into the EPA-provided database. Contractor shall place sampling data on a post-excavation as-built sketch within two calendar days of receiving the results.

Repair of Damages: The Contractor is responsible for all costs, repairs and replacement resulting from any damage to known or unknown buried structures and overhead utilities at residential properties due to the Contractor’s actions. If unexpected utilities are encountered during excavation, the Contractor shall thoroughly document each instance and include the incident in the Bi-Weekly Report. If the Contractor damages unexpected utilities, the Contractor shall be responsible for repair and replacement of the lost service. Repairs to utilities shall be made by a contractor who is a professional in the field of the utility damaged (electrical, plumbing, septic system, etc.), licensed as necessary to install, modify or repair such utility as required by local city, county or state jurisdictions, and performed at the expense of the Contractor and in compliance with applicable state, county or local code.

Timely Response to Property Issues: The Contractor shall be available to respond to time-critical issues at properties at which the actions of the Contractor have caused issues, including but not limited to: flooding inside a home, clogged sewage system, access issues due to equipment blocking ingress/egress pathways, etc. During the course of the contract, the Contractor shall respond to such issues immediately as they arise or as reported by a homeowner or tenant, including holidays, nights and weekends.

5.3.3 Task 9 – Final Determination of Area and Volume Excavated

For residential properties, the contractor shall complete a post-excavation, as-built sketch for the property excavated to determine the final square footage of the remediation…