W912PL-11-R-0002.pdf

RFP NO. W912PL-11-R-0002

U.S. ARMY CORPS

OF ENGINEERS

LOS ANGELES DISTRICT

Environmental Remediation Support for the United States Environmental Protection Agency’s (USEPA’s) ongoing remedial investigation/feasibility study (RI/FS) for at the Sulphur Bank Mercury Mine (SBMM) Superfund site, Clear Lake, Lake County, California

Services Solicitation

TOTAL SMALL BUSINESS SET-ASIDE

OCTOBER 2010

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USEPA, SBMM SUPERFUND SITE, W912PL-11-R-0002

CLEAR LAKE, LAKE COUNTY, CA

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Section A Solicitation/Contract Form

PROJECT TITLE AND DESCRIPTION

The Government requires performance of the work described in these documents:

INDEFINITE DELIVERY INDEFINITE QUANITY CONTRACT FOR ENVIRONMENTAL

REMEDIATION SERVICES CONNECTION WITH US EPA REGION 9, SULPHUR BANK

MERCURY MINE (SBMM) SUPERFUND SITE, CLEAR LAKE, LAKE COUNTY,

CALIFORNIA.

ALL TASK ORDERS SHALL BE ISSUED BY THE USACE, LOS ANGELES DISTRICT.

THE ORDERING PERIOD OF THE PROPOSED CONTRACT IS FOR FIVE YEARS FROM

DATE OF AWARD OR THE NOT-TO-EXCEED AMOUNT OF $10,000,000.00 HAS BEEN

MET, WHICHEVER OCCURS FIRST.

Please be advised that this procurement maybe delayed, cancelled or revised at any time during this solicitation, negotiation and/or final award process.

THIS IS A SMALL BUSINESS SET ASIDE SERVICE CONTRACT. THE NAICS CODE FOR THIS

PROCUREMENT IS 562910 AND THE SMALL BUSINESS SIZE STANDARD IS 500 EMPLOYEES.

It is anticipated that a single award will be made from this Request for Proposal.

Individual Task Orders (TOs) issued hereunder will be either standard task order with statements of work or performance-based task orders with performance work statements.

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CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

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Section B Supplies or Services and Prices

PRICING SCHEDULE

SECTION B - SUPPLIES OR SERVICES/PRICES

ITEM DESCRIPTION U/I UNIT PRICE AMOUNT

0000 BASE YEAR

FIRM FIXED PRICE ORDERS FOR SERVICES TO

BE PERFORMED IN ACCORDANCE WITH

SECTION C AND SPECIFIED SCOPES OF WORK

TO BE ISSUED UNDER THIS CONTRACT FOR

RI/FS SUPPORT AT SULPHUR BANK MERCURY

MINE SUPERFUND SITE. SERVICES WILL BE

FURTHER DEFINED AND WORK

ACCOMPLISHED BY ISSUANCE OF TASK

ORDERS AND/OR MODIFICATIONS TO TASK

ORDERS AS REQUIRED.

0001A GENERAL AND ADMINISTRATIVE EXPENSE

(PERCENT OF DIRECT, LABOR BURDEN AND OVERHEAD

COSTS)

0002 EXEMPT OR UNCLASSIFIED EMPLOYEES

BASE RATES (Non G&A) ALL ORDERS *

0002A Program Manager HR

0002B Project Manager HR

0002C Health and Safety Manager HR

0002D Site Safety and Health Officer HR

0002E Contractor Quality Control Systems Manager HR

0002F Senior Technical Consultant HR

0002G Senior Engineer HR

0002H Senior Scientist HR

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0002I Senior Discipline Specialist HR

0002J Engineer HR

0002K Scientist HR

0002L Discipline Scientist HR

0002M Junior Engineer/Scientist HR

0002N Junior Discipline Specialist HR

0002O Senior Technician HR

0002P Technician (Non-Exempt) HR

0002Q Clerical (Non-Exempt) HR

0002R Technician Overtime (Non-Exempt)

HR

0002S Clerical Overtime (Non-Exempt) HR

0003 TIME AND MATERIALS ORDERS (T&M)

0003A T&M LABOR MULTIPLIER TO BE APPLIED TO

BASE LABOR RATES FOR EXEMPT EMPLOYEES

0003B T&M LABOR MULTIPLIER TO BE APPLIED TO

BASE SCA LABOR RATES FOR CLASSIFIED

0003C T&M MATERIALS HANDLING COSTS

0003D T&M TRAVEL HANDLING COST

0004 ESCALATION FACTORS – FIXED PRICE

0004A ESCALATION FACTOR FOR OPTION YEAR 1: %

0004B ESCALATION FACTOR FOR OPTION YEAR 2: %

0004C ESCALATION FACTOR FOR OPTION YEAR 3: %

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0004D ESCALATION FACTOR FOR OPTION YEAR 4: %

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. General.

(a) The Contractor shall provide a variety of support services including, but not limited to: engineering support; investigation, studies, and field activities; remedial/removal actions; and operation and maintenance activities in cooperation with the U.S. Environmental Protection Agency (USEPA) and U.S. Army Corps of Engineers (USACE) personnel, key community stakeholders and institutions, and local, State, and Federal regulatory agencies. All work shall be performed based on firm, fixed price task orders issued, as needed, under the basic contract for services. The fixed price of these task orders shall include the cost for all management, supervision, labor, materials, supplies, and equipment (except as otherwise provided). Further, the Contractor shall plan, schedule, coordinate, and assure effective performance of all services described in the respective task order(s).

(b) The basic contract is for work related to the USEPA’s ongoing remedial investigation/feasibility study (RI/FS) for Operable Unit 1 (OU-1) and Operable Unit 2 (OU-2) at the Sulphur Bank Mercury Mine (SBMM) Superfund site to support decision-making to select remedies that eliminate, reduce, or control risks to human health and the environment. Task orders for the different phases of work and/or supporting projects shall be issued on an as-needed basis.

(c) The individual task orders will specify the services to be provided. Not every task order will require every service described in the contract.

(d) The Contractor is not required to furnish Performance and Payment Bonds on this contract.

B.2. Contract Type/Duration.

(a) The contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) contract against which firm fixed price task orders will be issued. The contract will consist of a base year, extending one full year (365 calendar days, 366 calendar days if a leap year occurs) from the date of contract award (As an example, if contract award occurred on October 15, 2010, the base year is effective through October 14, 2011), and four (4) additional one full year options, to be exercised at the discretion of the Contracting Officer, for a potential total contract duration of five (5) full years from the contract award date.

(b) Maximum Total Contract Amount and Contract Duration. The base year and each of the four potential option years will have a maximum total potential aggregate contract amount of $10,000,000.00.

B.3. Contract Task Orders.

(a) All Contractor services will be procured through the issuance of contract task orders as requirements occur. Contract task orders will be issued using the DD Form 1155, titled “Order for Supplies and Services”. Attachments forming part of each contract work order may also be used for lengthy statements of work, etc. All contract task orders will be priced with an appropriate fixed dollar value and indicate a performance period for the required services. The task order performance period may extend beyond the expiration date of the current contract effective period (The end date for either the base year or exercised option years whichever is latest). Task orders, and associated modifications, must be signed by the Contracting Officer or a designated Contracting Officer’s Representative (COR) to be valid (Designated COR’s will be identified in writing at contract award). The Standard

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Form 30, titled “Amendment of Solicitation/Modification of Contract” will be used to modify issued task orders when necessary.

(b) The hourly contract man-hour rates (including the appropriate regional multiplier factor) shall be used for pricing the level of effort in each contract task order. Rates for disciplines not included in the initial contract must be priced and incorporated by modification to the basic contract before being used in contract task orders unless adequate cost and pricing data is available to demonstrate the reasonableness of the rate/cost.

(c) Cost proposals for task orders shall typically be submitted within twenty-one (21) working days after receipt of the Government proposal request and scope of work unless a shorter time or longer time is requested or granted due to the complexity of the request. Typically, the Contractor will be provided with a project specific statement of work with a proposal request as initiation of a task order. When authorized or requested by the Government, reimbursable incidental expenses required in connection with the work scope shall be included as part of the cost breakdown in the proposal. The firm fixed price for each contract task order will be based on fixed hourly rates established in the contract for the effective period(s) when they will be performed, the appropriate regional multiplier factor, the negotiated level of effort for each required discipline, travel (if authorized), miscellaneous items, reproduction costs, deliverables, and all other terms agreed upon by the parties.

(d) In addition to costs and performance time, proposals submitted in response to specific task order scopes of work shall identify the proposed Contractor team/personnel that will be provided. The proposed team/personnel shall be subject to Government acceptance and approval. (See Clauses C.12 and H.2 for requirements regarding Contractor personnel staffing and assignments)

(e) When urgencies occur, the Contracting Officer may unilaterally issue contract task orders on a not-to-exceed price basis and the Contractor is required to immediately proceed with performing all such work. Definitized pricing for such task orders shall be resolved as quickly as possible after the order is issued through negotiations between the parties.

(f) Work shall not commence in relation to a project specific task order until the task order has been signed by the Contracting Officer or their designated representative (COR). Issued task orders will serve as the notices to proceed with the corresponding work.

B.4. Program Manager.

(a) The Contractor shall identify a Program Manager who shall be responsible for the overall administration and coordination of the Contractor’s activities on the contract. The Program Manager shall be the principal point of contact between the Contractor, and the Contracting Officer as well as the principal point of contact for task order proposal requests, contract correspondence, etc.

(b) The Program Manager shall assume the general responsibility, on behalf of the Contractor, for assuring timely submission of proposals, availability of work teams, and the quality of the Contractor services provided.

(c) The Program Manager shall assure that written monthly Progress Reports are provided to the Government Project Delivery Team. The report shall summarize the contract status identifying pending and issued task orders. The report shall also provide a summary indicating the value of the pending and issued task orders with respect to the established Maximum Order Limitation amount.

B.5. Travel.

Travel will not be reimbursed except as provided in the following paragraphs:

(a) Projects requiring the services of the Contractor. There will not be any reimbursement for travel to projects within a 50 mile radius of any local office areas of the Contractor. (Note: Local offices are

B-5 defined as established branch and/or home offices of the Contractor firm and specifically exclude temporary field offices established at project sites)

(b) Any travel to be allowed must be authorized by the COR in advance. Authorization for travel is the award of the Task Order. The allowable travel reimbursement per visit to sites in cities or locations outside of the Contractor’s local office areas shall be fixed based on allowable fares and per diem cost that shall not exceed the rates set forth in the Federal Travel Regulations in effect at the time the contract task order is negotiated. In addition, all travel by privately owned vehicle outside of the local office areas will be reimbursed based on Federal Travel Regulations mileage rates. Travel costs that cannot be established per Federal Travel Regulations shall be negotiated between the appropriate USACE representative and the Contractor and confirmed through contract modifications issued under the “Changes” clause.

(c) No travel reimbursement will be authorized unless the Contractor provides sufficient written evidence of costs incurred, including receipts, vouchers, or other information as may be required by the Government.

B.6. Payments.

(a) Progress payments will be made on individual task orders as Contractor work proceeds upon submission of a signed invoice, on company letterhead, by the Contractor firm. The invoice must be signed by an appropriate representative of the Contractor firm and should also reflect the Task Order Number assigned to the work. Pre-invoice payment meetings or discussions are encouraged to resolve any problems with the invoice and assure that payment is expedited once the invoice is received.

Payment will normally be made within thirty (30) calendar days from receipt of the invoice by the Government unless a different timeframe is specified in the task order. Upon contract award, the Contractor shall provide the information necessary to permit all payments to be made by Electronic Funds Transfers (EFT).

(b) Final payment for each contract task order will only be made when the services required in the order are completed and accepted by the Government. To receive final payment for each individual task order, the Contractor must include a completed Release of Claims Form with their final invoice. To be accepted, the Form must be signed, witnessed, and affixed with either the firm’s Corporate Seal or the seal of a Notary Public.

B.7. Contract Hourly Rates/Schedule.

(a) The Government has specified certain Disciplines/Labor Categories required for contract performance. These are indicated in the schedules for the base year and four (4) option years at the end of Section B. The Contractor is to propose hourly rates for each discipline/labor category in the schedule.

(b) The hourly rates proposed by the Contractor and accepted at contract award for each respective performance period, i.e., the base year or one of the four (4) option years, are to be fixed for the duration of that period, including any short term extensions to the last option period not exceeding six

(6) months. Hourly rates and the multiplier factors are not to exceed two decimal places.

(c) Requirements for disciplines/labor categories and/or travel to locations (outside a 50 mile radius of the Contractor’s local office areas) not listed in this contract, or for related special or unusual services, are classified as “miscellaneous” (See Clause B.8) services. Such services may be required by the Government through contract modifications under the “Changes” clause.

(d) The contract cost principles and procedures in the Federal Acquisition Regulation (FAR) at Part 31 apply to the development of the required hourly rates. The Contractor shall comply with these prerequisites in forming the required hourly rates for the indicated disciplines/labor categories in each time period and any pricing for additional services.

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(e) In developing the required hourly rates, the Contractor must include all allowable overhead costs to include home office support, anticipated company-wide increases, fringe benefits, individual employee promotions, all direct labor costs, computer time, data entry, CADD usage, carrier/messenger services, local travel, supplies, equipment, communication services, and profit associated with this contract. Price increases will not be granted for any alleged omissions or miscalculations of contract pricing.

(f) The hourly rates listed by the Contractor and accepted at contract award will be the rates that will be used as the basis for pricing future task orders issued under this contract. The base year and each option period are to be separately priced based on the schedule at the end of this section.

B.8. Miscellaneous Items.

This term “Miscellaneous Items” refers to work or materials that may be required in support of the project services under task orders. Advance approval by the Contracting Officer is required for these “Miscellaneous Items”. Such work, when required by the Government, will be handled as contract modifications under the "Changes" Clause.

B.9. Additional Instructions.

(a) Offerors are cautioned that any offer may be rejected as non-responsive if it is materially unbalanced as to prices for the base and/or the four (4) optional contract periods. An offer is unbalanced when it is based on prices which are significantly understated for some work and prices which are significantly overstated for other work.

(c) Offerors must propose prices for all disciplines/labor categories in order to be considered for award.

Offerors may not use pricing alternatives which differ from these instructions.

(d) The Contractor is required to provide its own computer equipment and software adequate to fully satisfy all operational requirements of this contract and task orders requiring field office operation requirements. This should be considered in developing the price proposal as no reimbursement is authorized for such items after award of the contract. This contract requires computerized capabilities of the Contractor.

Note: If other than the above labor positions will be used, attach additional sheets as necessary or continue the above table. If a sub-contractor will be used include their fully loaded rate and the name of the contractor.

PROCUREMENT NOTES:

1. The contract type is an indefinite delivery type (IDC) pursuant to FAR Part 16, which will consist of Firm-Fixed- Price Task Orders,

2. Labor –

a. All labor rates for fixed priced task orders shall be based on the on the minimum raw wages to be paid to employees for the categories included in the schedule of prices for professional employees or as included in the applicable SCA determination for the region the work is to be performed. Markups allowed for the categories include burden (payroll taxes) for both home office and field activities, G & A Expense under CLIN 0001A and profit.

3. Subcontracts - Subcontracting effort shall be handled in accordance with FAR 52.244-3.

4. G&A Expense. CLIN 0001A shall consist of the Contractors General and Administrative markup to be applied to the total direct costs of each Firm Fixed Price Task Order.

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5. Profit on all Firm Fixed Priced orders shall be calculated on an individual order basis utilizing the Corps of Engineers “Alternate Structured Approach to the Weighted Guidelines Method”.

6. Any subcontractors required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer’s consent before making any substitutions for these subcontractors.

7. Payment by Electronic Funds Transfer is the mandatory method of contract payment. The Contractors attention is directed to Contract Clause No. FAR 52.232-33, “Mandatory Information for Electronic Funds Transfer – Central Contractor Registration.”

8. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer of this contract. However, any Contracting Officer assigned to the Los Angeles District, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the Principal Contracting Officer is unavailable.

9. Proposal Expenses and Pre-contract Costs. This Request for Proposals does not commit the Government to pay costs incurred in preparation and submission of the initial and any subsequent proposals or for any other costs incurred prior to execution of a formal contract.

10. All extensions of the unit prices on all items shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

11. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

12. Offeror shall submit prices on all items of the Price Schedule.

13. Equipment, material and supply direct costs will be negotiated as required on each Task Order and not pre-priced or listed on the Pricing Schedule. The Contractor shall present the Government, as part of each task order's cost proposal, the equipment, material and supply costs for the task order with support for the proposed costs which indicate that they are fair and reasonable. The Contractor shall present the Government, with the task order's cost proposal, with at least three quotes on required equipment, materials, and supplies obtained from subcontractors by the Prime Contractor to support the Contractor's proposed costs. The Contractor will be allowed to apply indirect cost rates as proposed (the multiplier identified as appropriate to ODCs and consistent with the accounting system), and profit or fee as negotiated on each task order to equipment, material and supply costs.

14. Laboratory costs will be negotiated as required on each Task Order and not pre-priced or listed on the Pricing Schedule. The Contractor shall present the Government, as part of each task order's cost proposal, the laboratory' costs for the task order with support for the proposed costs which indicate that they are fair and reasonable. As a minimum, the Contractor will provide three quotes to support proposed laboratory costs. The Contractor will be allowed to apply indirect cost rates as proposed and profit or fee as negotiated on each task order to laboratory cost.

15. Any labor classification rates or other direct costs for the prime or subcontractors that are needed during the life of the contract but were not included in the Pricing Schedule will be negotiated on the task order and added by, modification to the contract as necessary. However, the fully burdened hourly labor rates and fully burdened unit ) prices for Other Direct Costs (ODCs) entered on the Pricing Schedule and thereby, proposed by the Contractor will be the contract's rates and prices for the period for which they are proposed (base contract period) and will not be renegotiated during that period.

16. Other Direct Costs will be paid at the unit prices proposed by the Prime Contractor only. The Prime is responsible for proposing fully burdened unit prices for all anticipated ODC including all anticipated by the subcontractors and propose one unit price for each ODC.

17. The proposed escalation rates and the date of escalation from the prime will be applicable to the prime and all Team/Key subcontractors.

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CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$10,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$10,000.00 10,000,000.00 $10,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

USEPA, SBMM SUPERFUND SITE W912PL-11-R-0002

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SECTION C

DESCRIPTIONS AND SPECIFICATIONS

STATEMENT OF WORK

1.0 INTRODUCTION

1.1 The work to be performed under this Statement of Work (SOW) will be executed as a Indefinite Delivery Indefinite-Quantity (IDIQ) contract against which firm fixed price task orders will be issued.

1.2 The technical requirements specified in this statement of work are intended to provide requirements for execution of the contract and a general understanding of the functions that the Contractor may be required to perform. Individual Task Orders (TOs) will contain additional detail requirements for each specific project. The Contractor will receive from the U.S. Army Corps of Engineers (USACE) a complete scope of work for each individual TO or plans and specifications for each project.

1.3 The following enclosures to this SOW provide the following information:

Enclosure 1- Previous Project Deliverables Enclosure 2- Reports of Work

Documents concerning this project are available electronically on the Federal Business Opportunities website (https://www.fbo.gov/) with the RFP for the contract. Also attached to this document is a list of the project files on the website. The Contractor shall review the documents for a comprehensive understanding of the current conditions of the site. The Contractor shall base their proposal on the current understanding of the site, as delineated in the documents. Assumptions used to develop the proposal shall be fully documented by the Contractor.

The Government believes that the documentation provided with the solicitation represents the most recent and appropriate documentation available for the site identified in this contract. However, if there is a conflict between this information and other site documentation (the existing reports), the Contractor is solely responsible for reviewing all available information and forming their independent, professional conclusions/interpretation of site conditions and requirements to complete the requirements of this contract. This information is not intended as a substitute for complete analysis of technical data available, nor is it intended to be a guide on how the Contractor should address the requirements of this contract

Enclosure 2 provides a general overview of the reporting requirements and sample report formats as specified for this contract.

2.0 BACKGROUND

This SOW provides engineering technical support for the United States Environmental Protection Agency’s (USEPA’s) ongoing remedial investigation/feasibility study (RI/FS) for Operable Unit 1 (OU-

1) and Operable Unit 2 (OU-2) at the Sulphur Bank Mercury Mine (SBMM) Superfund site to support decision making to select remedies that eliminate, reduce, or control risks to human health and the environment. This SOW provides for technical support to USEPA for the completion of the ongoing RI/FS for OU-1, sources of contamination at the inactive mercury mine property, including the flooded open pit (the Herman Impoundment), land areas that have been disturbed by mining, and several large mercury, arsenic and antimony contaminated mine waste piles. This SOW also provides for technical https://www.fbo.gov/�

C-2 support to USEPA for the performance of the remedial design/remedial action for the installation of a pilot study to install a sub-aquaceous cap to sequester contaminated sediments in Clear Lake adjacent to the mine property as part of the OU-2 RI/FS, monitoring the performance of the sub-aquaceous sediment cap, and the completion of the ongoing RI/FS for OU-2 contaminant sources in the sediments of Clear Lake and in the North Wetland.

Work for the SBMM RI/FS activities has been ongoing over the past twenty years. The SBMM RI/FS includes a large body of field investigations performed by U. C. Davis to characterize the Clear Lake ecosystem and mercury related impacts. The ongoing SBMM RI/FS also includes more recent work that was performed under an Interagency Agreement with the USACE and their contractor, Tetra Tech EMI.

USEPA continued the SBMM RI/FS activities under a Region 9 RAC work assignment (WA# 290- RICO-09K2), then a GSA Sole Source Contract (GS-10F-0132K), and currently performing several ongoing studies under a Region 9 RAC II Task Order (Task Order 17).

This SOW provides for additional engineering technical support to complete the RI/FS for contaminant sources located in OU-1; the flooded pit mine and numerous mine waste piles located on the SBMM mine property. The Remedial Investigation and Feasibility Study Reports have been completed through the draft stage. Over the past several years USEPA has been developing and evaluating remedial alternatives for the discharge of treated water to resolve the remaining issues for remedy selection. The focus of the additional work for the OU-1 RI/FS is to provide technical support to USEPA negotiations with interested state, federal and local agencies, the Elem Pomo Tribe and the Lake County community to support decision making to select an appropriate remedy for these contaminant sources.

This SOW for the RI/FS for OU-2 involves the continued investigation and study of OU-2 contaminant sources ; the Clear Lake contaminated sediments, the contaminant sources located in the North Wetlands, and related sources. The focus of the additional work in this SOW for the OU-2 RI/FS is the design and construction of a pilot cap to sequester contaminated sediments that are located in Clear Lake, to monitor and evaluate the performance of the pilot sediment cap, and to provide technical support to USEPA for decision making to select the remedy for these contaminant sources.

This SOW sets forth the framework for investigation and technical support tasks intended to be performed over an approximate three and one-half (3.5) year period.

The goal for the SBMM RI/FS activities for OU-1 and OU-2 is to develop the minimum amount of data necessary to support the selection of an approach for site remediation and then to use this data to result in a well-supported Record of Decision (ROD) for each OU.

3.0 SITE DESCRIPTION

The Sulphur Bank Mercury Mine (SBMM) Superfund Site (USEPA Superfund Site, CERCLA ID CAD980893275) is located on the shores of Clear Lake in Lake County, California, and was placed on the National Priorities List (NPL) in August 1990. The Region has identified the Bradley Mining Company, the last operator of the mine, and the Worthen Bradley Family Trust as PRPs for SBMM.

Neither of these entities is believed to have sufficient financial assets to fund the cost of the SBMM cleanup.

SBMM includes the 220 acre property that is an inactive former mercury mine, and the contaminated mine wastes that derive from SBMM that are now located in Clear Lake sediments, in the wetland to the north of the mine property, and at the Elem Indian Colony (Sulphur Bank Rancheria) immediately adjacent to the mine property.

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The SBMM mine property has been designated as Operable Unit 1 (OU-1), and includes the flooded pit lake (Herman Impoundment), and approximately 3,000,000 cubic yards of mercury and arsenic containing mine wastes that are located in several locations at the mine property. The Herman Impoundment is separated from Clear Lake by a waste rock pile known as the Waste Rock Dam.

Contaminated water from the Herman Impoundment currently discharges through the Waste Rock Dam into Clear Lake carrying mercury and other contaminants into the environment. USEPA is in the process of completing an RI/FS for OU-1 contaminant sources. Initial work for this RI/FS was performed under an Interagency Agreement with the USACE and their contractor, Tetra Tech EMI.

The contaminated sediments in Clear Lake, the North Wetlands and the Elem Indian Colony have been designated as OU-2 for the SBMM site. USEPA has performed numerous studies of the contaminant sources in these areas over the past twenty years. The current ongoing SBMM OU-2 RI/FS has been conducted by CH2M Hill for USEPA pursuant to a Region 9 RAC work assignment (WA# 290-RICO- 09K2), then a GSA Sole Source Contract (GS-10F-0132K), and currently under a Region 9 RAC II Task Order (Task Order 17). However, sufficient information is not currently available that would allow USEPA to develop and evaluate remedial alternatives for all of these contaminant sources.

USEPA plans to design and construct a pilot sub-aquaceous cap to sequester contaminated sediments in the bed of Clear Lake, and to study the performance of the sub-aquaceous cap. USEPA expects to perform additional RI/FS studies to develop data and information that are needed to support remedy selection decision making for OU-2 contaminants.

USEPA has completed additional study of the contaminant sources located at the Elem Indian Colony and performed a non-time critical removal action in 2006-2007 to remove approximately 28,000 cubic yards of contaminated mine wastes that were used as construction materials to build level housing pads and to construct the roadway system in the residential area.

USEPA has completed additional study of contaminant sources located in a residential area to the south of the mine property along Sulphur Bank Mine Road and performed a time critical removal action in 2008 to remove contaminated mine wastes that were used as construction materials to build and maintain roadways in the residential area.

USEPA has completed additional study of contaminant sources located in the primary access road to the Elem Indian Colony, BIA 120, and is currently performing a non-time critical removal action to remove contaminated mine wastes that were used as construction materials to build this access road.

Currently, the SBMM mine property is inactive and site uses are limited to recreational trespass and access to a residential area southwest of the mine site via the Sulphur Bank Mine Road. Resources at the site include open space, scenic views of Clear Lake, the hydro-geothermal system beneath the mine site, geologic resources and surface water in Clear Lake. Groundwater at the site is either of insufficient quality due to the natural hydrothermal constituents (boron, chloride, ammonia and total dissolved solids) or of insufficient quantity to be considered a source of drinking water or irrigation supply. SBMM impacts on resource use include preventing development for housing, increasing the difficulty of geothermal development, decreasing water quality in Clear Lake, and potential negative impacts on the Clear Lake fishery and tourism.

SBMM is located in a steeply sloping watershed characterized by hydrothermal springs and active hydrothermal vents. The natural hydrothermal system beneath SBMM, that formed the original mercury deposit, continues to discharge hydrothermal fluids and gases from depth into the Herman Impoundment where they commingle with, chemically alter or are altered by mining related contaminants.

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Groundwater that currently discharges from the site transports mercury to Clear Lake where it can become methylated and pose significant threats to human health and the environment through bio-concentration in the food chain. In addition, the acidic metal laden groundwater that currently discharges from SBMM forms a very fine amorphous aluminum silicate precipitate (floc) upon mixing with the waters in Clear Lake. USEPA studies indicate that the fine grained floc plays a significant role in the methylation of mercury, and that it provides a mechanism for distributing mercury throughout Clear Lake.

Incidental ingestion of mercury and/or arsenic by recreational users of the site who live nearby represents an unacceptable risk to human health.

Contaminants also discharge from mine waste piles at SBMM to the North Wetland through erosion related to surface water runoff, and in contaminated groundwater.

4.0 REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS) AND ASSOCIATED TASKS

There are fifteen (15) primary tasks associated with this Statement of Work (SOW) which are outlined below.

Task 1: Project Planning and Support Task 2: Community Involvement Task 3: Field Investigation/Data Acquisition Task 4: Sample Analysis Task 5: Analytical Support and Data Validation Task 6: Data Evaluation Task 7: Risk Assessment Task 8: Treatability Study/Pilot Testing Task 9: Remedial Investigation Report Task 10: Remedial Alternatives Screening Task 11: Remedial Alternatives Evaluation Task 12: Feasibility Study Report Task 13: Post Remedial Investigation/Feasibility Study Support Task 14: Administrative Record Task 15: Task Order Closeout

5.0 DESCRIPTION OF WORK AND SERVICES REQUIRED

The Contractor shall perform the following work and services as follows:

5.1 Task 1: PROJECT PLANNING AND SUPPORT (PP)

This work element involves planning for the execution and overall management of this Statement of Work (SOW). The technical and managerial activities required to implement the RI/FS and the associated costs shall be developed during the planning phase and detailed in the RI/FS work plan and cost estimate.

5.1.1 RI/FS Work Plan. The Contractor shall prepare and submit a RI/FS work plan that includes a description of implementation activities, performance monitoring, and overall management strategy for the RI/FS.

5.1.2 Site-Specific Plans. The Contractor shall review all existing site-specific plans (prepared by USEPA’s Contractor pursuant to the Region 9 RAC II Task Order 17) and prepare, update, and/or maintain plans, as necessary, for RI/FS implementation. The Contractor shall incorporate the plans and

C-5 procedures received from any contractor(s) into the overall site plans. Typical plans include, but are not limited to, the following:

• Sampling and Analysis Plan (SAP) in accordance with 40 CFR 300.415(b)(4)(ii).

• Field Sampling Plan (FSP) in accordance with 40 CFR 300.415(b)(4)(ii).

• Quality Assurance Project Plan (QAPP) in accordance with EPA Requirements for QA Project

Plans (QA/R-5). Office of Environmental Information. EPA/240/B-01/003, March 2001.

• Site-specific Health and Safety Plan (HSP) that specifies employee training, protective equipment, medical surveillance requirements, standard operating procedures, and a contingency plan in accordance with 29 CFR 1910.120(l)(1) and (l)(2).

5.1.3 Project Management. The Contractor shall perform activities required to effectively manage the SOW. These activities typically include, but are not limited to, the following:

• Monitoring costs and progress.

• Preparing and submitting monthly progress reports that document monthly and cumulative cost, performance status, and technical progress.

• Preparing and submitting monthly invoices in accordance with the level of detail as specified in the contract.

• Manage, track, and report status of site-specific equipment.

• Participating in meetings and preparing and submitting meeting summaries.

• Accommodating any external audit or review mechanism that USEPA requires.

• Evaluating existing data, including usability, when directed by USEPA.

• Coordinating with local and emergency response teams.

• Reviewing background documents as directed by USEPA.

• Attending USEPA-held training.

5.1.4 Evaluate Existing Information. The Contractor shall review and evaluate the existing data and documents pertaining to the ongoing SBMM RI/FS, including the documents in Enclosure 2.

5.2 Task 2: COMMUNITY INVOLVEMENT (CR)

The Contractor shall perform community involvement activities in support of USEPA throughout the RI/FS in accordance with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP, 40 CFR Part 300) and the Community Relations in Superfund - A Handbook, (U.S. EPA, Office of Emergency and Remedial Response, OSWER Directive No. 9230.0-3C, January 1992). These tasks include, but are not limited to, the following:

• Providing technical support for meetings with the public and interested local, state and federal agencies.

• Providing support for preparing fact sheets, notices and other informational documents.

• Providing support for the proposed plans for OU-1 and OU-2.

• Providing public hearing support for OU-1 and OU-2.

• Preparing presentation materials.

• Providing technical support to review Community Involvement deliverables.

5.3 Task 3: FIELD INVESTIGATION/DATA ACQUISITION (FI)

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The Contractor shall collect environmental data required to support the remedial investigation/feasibility study. Data acquisition begins with USEPA's approval of the Field Sampling Plan (FSP). Activities include, but are not limited to, the following:

• Mobilization/demobilization.

o Maintain site field support infrastructure

• Collecting, preparing, and shipping environmental samples in accordance with the Field Sampling Plan (FSP). The following types of sampling shall be required:

o Ground water sampling o Surface water o Sediment sampling o Biota sampling

• Hydro-geological assessment.

o Groundwater elevation measurements

• Environmental sampling.

o Prepare Pilot Cap Monitoring FSP o Conduct Pilot Cap field investigation/monitoring program

• Site reconnaissance.

o Conduct dry season storm water sampling program o Review Elem Archaeological Monitoring Reports o Conduct Elem Archaeological Project Review o Plan and conduct additional archaeological studies to support the RI/FS efforts

5.4 Task 4: SAMPLE ANALYSIS (SN)

The Contractor shall analyze samples taken during groundwater sampling, storm water sampling, baseline ecological investigations, and contaminated sediment pilot cap monitoring efforts.

5.5 Task 5: ANALYTICAL SUPPORT AND DATA VALIDATION (AN)

The Contractor shall schedule, coordinate, track, and oversee sample analyses and validate analytical data. Typical activities include, but are not limited to, the following:

• Developing data quality objectives (DQOs) for each sampling event; these DQOs shall be the determinative factor for assessing the success or failure of the sampling.

• Requesting, obtaining, and performing oversight of analytical services in compliance with USEPA requirements.

• Coordinating with the USEPA Sample Management Office (SMO), the Regional Sample Control Coordinator (RSCC), and/or the Environmental Services Division (ESD) regarding analytical support, data validation, and quality assurance issues.

• Implementing the USEPA-approved laboratory quality assurance program that provides oversight of in-house and subcontracted laboratories through periodic performance evaluation sample analyses and/or on-site audits of operations and has a system of corrective actions.

• Providing sample management including chain of custody procedures, information management, sample retention, and 10-year data storage.

• Performing or coordinating the performance of data validation, the process by which the quality of the data, the defensibility of the data, and the chain of custody are verified. Performing data validation in accordance with Regional guidelines.

• Reviewing data for usability for its intended purpose.

• Providing reports on data validation and usability.

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5.6 Task 6: DATA EVALUATION (DE)

The Contractor shall compile analytical and field data. The Contractor shall provide data in a format that is compatible with Regional or National electronic data management network. Data shall be used in the preparation of the RI and Risk Assessment Report tables, maps and figures. Typical activities include, but are not limited to, the following:

• Data usability evaluation and field quality assurance/quality control (QA/QC).

• Data reduction and tabulation.

• Data evaluation reporting.

• Acquire the existing SBMM data base and perform ongoing data base management.

5.7 Task 7: RISK ASSESSMENT (RA)

The Contractor shall provide technical support to conduct baseline human health and ecological risk assessments. The objective of these assessments is to characterize and quantify, where appropriate, the current and potential human health and environmental risks that would prevail if no further remedial action is taken. Risk Assessment must be performed in accordance with applicable Agency guidance, directives and procedures.

• Finalize OU-2 Ecological Risk Assessment

• Collect data to support USEPA preparation of the human health risk assessment for OU-2

5.8 Task 8: TREATABILITY STUDY/PILOT TESTING (TT)

Pilot-scale testing is used to provide quantitative performance, cost, and design information for remediation and is typically performed during RI/FS (see the Fact Sheet, Guide for Conducting Treatability Studies under CERCLA, November, 1993).

The Contractor shall conduct a pilot-scale treatability study to determine the suitability of placing a sub-aquaceous earthen cap over contaminated Clear Lake sediments to sequester contaminants and prevent their release into the environment.

• Review and finalize Pilot Capping Test work plan.

• Develop necessary design drawings and specifications for the Pilot Cap.

• Manage implementation of the detailed work plan and performance monitoring efforts.

• Construct the pilot cap.

• Implement the performance monitoring program.

• Evaluate the performance of the pilot cap and the feasibility of the contaminated sediment approach

5.9 Task 9: REMEDIAL INVESTIGATION REPORT (RR)

The Contractor shall prepare a remedial investigation report for contaminant sources in OU-2. The Contractor shall prepare and submit a Remedial Investigation (RI) report for OU-2 that accurately establishes the site characteristics such as media contaminated, extent of contamination, and the physical boundaries of the contamination. Pursuant to this objective, the Contractor shall obtain only the minimally essential amount of detailed data necessary to determine the key(s) contaminant(s) movement and extent of contamination. The key contaminant(s) must be selected based on persistence and mobility in the environment and the degree of hazard. The key contaminant(s) identified in the RI shall be

C-8 evaluated for receptor exposure and an estimate of the key contaminant(s) level reaching human or environmental receptors must be made. The Contractor shall use existing standards and guidelines such as drinking-water standards, water-quality criteria, and other criteria accepted by the USEPA as appropriate for the situation may be used to evaluate effects on human receptors that may be exposed to the key contaminant(s) above appropriate standards or guidelines.

5.9.1 Draft OU-2 RI Report. The Contractor shall submit a draft OU-2 RI Report which includes the following.

• Site Background

• Field Investigations

• Site Characteristics

• Nature and Extent of Contamination

• Fate and Transport

• Summary and Conclusions.

5.9.2 Final OU-2 RI Report. After USEPA’s review of the draft OU-2 RI Report, the Contractor shall incorporate USEPA’s comments and submit the Final OU-2 RI Report.

5.10 Task 10: REMEDIAL ALTERNATIVES SCREENING (RS)

The Contractor shall develop appropriate remedial alternatives to undergo full evaluation for OU-2 contaminant sources. The alternatives are to encompass a range including innovative treatment technologies consistent with the regulations outlined in the NCP, 40 CFR Part 300 and applicable Agency guidance, procedures and directives. The analysis will include institutional controls (ICs) to the extent appropriate.

• Prepare the OU-2 alternatives screening evaluation report based on the preliminary findings of the Oaks Arm Sediment Alternatives Report, North Wetland Sediment Alternatives Report and the results of the pilot cap test program.

5.11 Task 11: REMEDIAL ALTERNATIVES EVALUATION (RE)

The Contractor shall perform a Remedial Alternatives Evaluation. The evaluation shall include: (1) a technical description of each alternative that outlines the waste management strategy involved and identifies the key ARARs associated with each alternative; and (2) a discussion that profiles the performance of that alternative with respect to each of the evaluation criteria. The Contractor shall provide a table summarizing the results of this analysis. Once the individual analysis is complete, the alternatives will be compared and contrasted to one another with respect to each of the evaluation criteria.

• For OU-1, the Contractor shall prepare technical information to support meetings with State agencies and provide technical support necessary to finalize the OU-1 FS.

• For OU-2, the Contractor shall assess individual alternatives against each of the nine evaluation criteria and perform a comparative analysis of all options against the evaluation criteria. The analysis shall be consistent with the NCP, 40 CFR Part 300 and shall consider the Guidance for Conducting Remedial Investigation and Feasibility Studies under CERCLA (OSWER Directive 9355.3-01), Guide to Developing and Documenting Cost Estimates During the Feasibility Study (OSWER Directive 9355.0-75), and other pertinent OSWER guidance. The analysis will include institutional controls (ICs) to the extent appropriate. USEPA will make the determination regarding final selection of the remedial alternative.

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5.12 Task 12: FS REPORT (FS)

The Contractor shall prepare an Agency Review Draft OU-2 FS Report. The Contractor shall prepare a Draft OU-2 FS Report and submit to USEPA according to the schedule in the RI/FS work plan. The OU- 2 FS Report should contain the following:

• Summary of Feasibility Study Objectives

• Summary of Remedial Action Objective

• Discussion of General Response Action

• Identification & Screening of Remedial Technologies

• Remedial Alternatives Description

• Detailed Analysis of Remedial Alternatives.

• Summary and Conclusions

The Contractor shall prepare a Final OU-2 FS Report. After USEPA and Agency review of the Draft OU-2 FS Report, the Contractor shall respond to each comment, incorporate appropriate responses…