HomeMy WebLinkAbout13-04 RESOLUTIONRESOLUTION NO. 13-04
A RESOLUTION AUTHORIZING THE FAYETTEVILLE PARKS &
RECREATION DIVISION TO APPLY FOR A POST CLOSURE
TRUST FUND GRANT FROM THE ARKANSAS DEPARTMENT
OF ENVIRONMENTAL QUALITY (ADEQ) FOR THE C & L
LANDFILL STUDY AND REMEDIATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Fayetteville Parks Sr Recreation Division to apply for a
Post Closure Trust Fund Grant from the Arkansas Department of Environmental
Quality (ADEQ) for the C & L Landfill study and remediation.
PASSED and APPROVED this 3rd day of February, 2004.
I •
•u
•
•q6;0 N. it
ATTEST:
By
SONDRA SMITH, City Clerk
APPROVED:
By
D N COODY, Mayor
J
FAYETTEV I LLE
PARK& & RECREATION
•
MEMORANDUM
P114 4f 45 /3-69
Date: September 7, 2004
To: Mayor Coody and Fayetteville City Council
Thru: Gary Dumas, Director of Operations
Connie Edmonston, Director of Parks
From: Rebecca Ohman, Park Planner
Subject: Arkansas Department of Environmental Quality and the C & L Landfill
Upon review of the Disposal of Solid Wastes and Other Refuse Statute 8-6-1002, Ellen Carpenter, Chief Legal
Counsel for and the Administration of the Arkansas Department of Environmental Quality (ADEQ), determined
the State will not seek repayment for the corrective actions to the C & L Landfill.
The review showed that Subsection (E) shall be used for post closure maintenance of a landfill. Subsection (E)
requires that the "owner of a permitted landfill establish financial assurance for the post -closure maintenance of a
landfill. At a minimum, each owner or operator shall provide no less than twenty percent (20%) of the estimated
post -closure maintenance costs..." If after proper closure of the landfill (per EPA's Subtitle D), the owner or
operator cannot satisfy or defaults post -closure maintenance obligations, ADEQ is authorized to expend funds
from the Post Closure Trust Fund to satisfy the requirements of state and federal law. At this point, ADEQ is
required by law to pursue collection and recovery of the funds from the owner.
However, because the C & L Landfill was permitted, operated and closed prior to the creation of the Post Closure
Trust Fund, the 20% minimum financial assurance requirements and prior to current EPA post -closure
maintenance obligations, they do not fall under the requirements of Subsection (E).
Instead, the C & L Landfill falls under the requirements of Subsection (B) which outlines the steps necessary to
acquire funding for a landfill that has been determined to be in need of corrective actions. The only fee required
under Subsection (8) is 510,000, paid by the Owner for the study or corrective actions of the landfill. This fee has
been paid by the City of Fayetteville as part of the Site Characterization Study of the C & L Landfill, conducted
by Terracon Consultants, Inc. in the Spring 2004.
Parks and Recreation received this information to share with City Council this afternoon. However, because the
City of Fayetteville is a third party, written legal advice could not be obtained.
This information addresses contingencies of the Agreement between Southpass Development, LLC and the City of
Fayetteville in that corrective actions for the C & L Landfill will be paid by the State, as provided in the attached
letter, not by any of the parties within the agreement.
City of Fayetteville
PARKS AND RECREATION DIVISION
113 W. Mountain Street
Fayetteville, Arkansas 72701
Telephone: 479-444-3472 E-mail: rohman@crfayetteville.ar.us
44(
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ADEQ
ARKANSAS
Department of Environmental Quality
August 16, 2004
Ms. Rebecca Ohman
Park Planner
City Of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Re: Landfill Post -Closure Trust Fund Act
Dear Ms. Ohman:
•
1 am writing in response to your inquiry concerning the C&L Landfill. One purpose of the
Landfill Post -Closure Trust Fund, A.C.A. §8-6-1001 et seq , is to ensure that funds arc available
to implement corrective action at solid waste landfills closed prior to the effective date of the
requirements for posting post -closure financial assurance. Funds from the Post -Closure Trust
Fund may be expended to implement post -closure corrective action where the Director of the
Arkansas Department of Environmental Quality determines that a landfill no longer receiving
waste, regardless of when it ceased operating, is causing either ground water contamination or
other contamination that is a hazard to public health or endangers the environment. Prior to
expending funds from the Post -Closure Trust Fund, the statute establishing the Fund requires the
owner or operator to have expended at least ten thousand dollars toward corrective action, unless
the owner or operator cannot be located or the Director determines that an emergency exists that
necessitates immediate corrective action. (See A.C.A. § 8-6-1002(b)(2)). Arkansas Pollution
Control and Ecology Commission's Regulations 11 and 22 contain procedures and requirements
for expenditures from the Trust Fund.
Fees collected by currently operating Arkansas municipal landfills were used to establish and
now replenish this fund. The Arkansas Department of Environmental Quality administers the
Landfill Post -Closure Trust Fund Program through its Solid Waste Management Division.
The C&L Landfill is one of the corrective action projects funded by the Post -Closure Trust Fund.
To date, funds have been expended for a site characterization study. Based upon the review of
the findings of this study, the Department has determined that the quality of onsite and offsite
surface and shallow ground water has been locally impacted as a result of the previous landfill
operations and that visible waste is present in some areas of the facility.
The site characterization study recommends either repairing the existing cap or installing a new
cap that meets current industry standards as a means of mitigating contamination of the local
environment and undertaking ground water monitoring and/or recovery. The Department agrees
with the findings and proposed corrective action contained within the report required to address
surface and ground water impacts and exposed trash. Accordingly, the Department, in the near
future, expects to be requesting bids and awarding contracts for the additional corrective actions
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
8001 NATIONAL DRIVE / POST OFFICE BOX 8913 / LITTLE ROCK, ARKANSAS 72219-8913 / TELEPHONE 501.682.0744 / FAX 501-682-0798
www odeq. stote.ar. us
•
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recommended in the site characterization report and required by site conditions to protect public
health and the environment. The Post -Closure Trust Fund will not be used for studies or actions
required for site development activities.
If you require additional information, please feel free to call me at 501/682-0886.
Sincerely,
Ellen Carpenter
Chief Counsel
cc: Mary Leath, Chief Deputy Dirctor
Steve Martin, Chicf, Solid Waste Division
Pat Henry, SWD
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
•
Resolution No. 13-04
Document
•
1
1.15.04
memo to mayor & city council
draft resolution
Grant Application Package
Request
Site Characterization
for Proposal - Professional Service, C & L Landfill
Study
Parks & Recreation Division RFP
copy of location map
staff review form
2
2,9,04
memo to Rebecca Ohman
NOTES:
• •
C & L Landfill Site Characterization Study
p. 1 of3
MEMO
To: Mayor and City Council} ,
Thru: Gary Dumas, Director of Operations �%
Connie Edmonston, Director of Parks and RecreatiorO
From: Rebecca Ohman, Park Planner j (2.
Date: January 15, 2004
Subject: Parks and Recreation recommends approval to pursue the Post Closure Trust
fund grant to finance the C & L Landfill study and potential landfill remediation.
RECOMMENDATION
Parks and Recreation Staff recommends approval to pursue the Post Closure Trust Fund
grant to finance the C & L Landfill study and potential landfill remediation.
BACKGROUND
In 2000, Parks and Recreation contracted with Lose & Associates to create the Parks and
Recreation 10 Year Master Plan. One of the key objectives for conducting a master plan
study was to gain a clear understanding of public opinion and desires regarding Parks and
Recreation facilities and programs. A citizens' steering committee was formulated, a user
survey was distributed, and nine public meetings were conducted throughout the fall of
2000, offering the residents the ability to voice their concems. A common message was
heard from all of these groups: The City of Fayetteville needs a multi -sports complex or
Community Park and a city-wide trail network.
Parks and Recreation, in keeping with the recommendation of the Master Plan and on
recommendation from the Park and Recreation Advisory Board, conducted a search for
Fayetteville's Community Park by evaluating 18 sites on criteria that meets the parks and
recreational needs of the citizens of Fayetteville. These 18 sites were reduced to six and
again to a top four sites by evaluating their location within the City, total land available,
appraised value, and owner's willingness to sell. The four remaining sites were further
evaluated utilizing development criteria such as existing infrastructure, accessibility,
FEMA floodway and floodplain designations, slopes over 15 percent, tree canopy and
major land features.
• •
From this evaluation, it was determined that two sites, the Cummings and Marinoni
properties were best suited for the City's Community Park. Land use studies were
conducted to analyze each property in terms of active and passive recreation as well as
low -impact uses such as hiking and biking.
Based upon these studies, the Parks and Recreation Advisory Board (PRAB) selected the
Cummings property as the number one recommendation for the future Community Park.
Their recommendation however was contingent upon understanding the nature of an
existing, closed landfill, encompassing 33 acres on the Cummings property. On August 4,
2003, PRAB voted to further investigate the landfill area.
In effort to ensure any unknown environmental issues exist on the property and before
expending funds for the acquisition and significant development of a conceptual
development plan, Parks and Recreation Staff contracted with Terracon of Tulsa,
Oklahoma to create a Work Plan for this study. The Work Plan outlines all studies
necessary to gain a full understanding of the landfill and a time frame for the Study's
completion. The Plan was written to meet the Arkansas Department of Environmental
Quality (ADEQ) standards in order to apply for grant funds. A summary of the Plan
included in the Request for Proposal (RFP) is attached. The full 200 page report is
available at the Parks and Recreation offices.
On December 3, 2003, a Right of First Refusal and Access Agreement with the
Cummings Estate was obtained for entry to the site and assurance that the property
would not be unknowingly sold while conducting the Study. As is typical with a Right
of First Refusal Agreement, the City is guaranteed the possibility of future negotiations
for the purchase of the property and will be notified throughout the course of the
Agreement of any "bona fide" offers for the purchase of all or part of the Cummings
Estates. The Access Agreement allows the City and its consultant to perform the
necessary landfill studies, as outlined in Terracon's Work Plan.
The Post Closure Trust fund is administered by the Arkansas Department of
Environmental Quality. The Fund was created in 1991 from disposal fees for landfill
post -closure action, which is defined as any measures deemed necessary by the Director
to prevent or abate contamination of the environment from any landfill which has been
certified by the Department as no longer receiving waste. The Fund currently contains
S9 million dollars that has been earmarked by the Department for spending.
Parks and Recreation Staff has met with ADEQ on several occasions to review the
C & L Landfill. It is the opinion of ADEQ representatives that the C & L Landfill
would meet the requirements of and be eligible for the Post Closure Trust Fund. For
more information, please see attached application. If accepted, the Grant would
provide the majority of funding for the Site Characterization Study described above and
on review, potential corrective actions for the landfill. The City's only contribution
required by the grant would be $10,000 for the study or corrective action. The Work
Plan, valued at $1,500, can be counted to the total $10,000, leaving a remaining $8,500
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to be spent. These funds are budgeted in the Parks and Recreation Community Park
Development fund. Terracon estimated the total cost of the Study to be $50,000. The
City's remaining balance of $8,500 would be applied to this total, leaving
approximately $41,500 to be paid by the proposed grant.
A Request for Proposals for the Site Characterization Study described in the Work Plan
was advertised January 21, 2004 with a deadline of February 4, 2004. Please see
attached RFP. The City's Professional Selection Committee will review and select the
most qualified consultant and negotiate the cost of the Study, using an ADEQ
representative as an advisor. Upon City Council approval, Staff will complete the
application and submit it to ADEQ for review. If awarded, Staff will administer the
Study.
DISCUSSION
Proceeding with the Site Characterization Study will provide valuable information to
ensure the well being of our community's public and open spaces and surrounding
environment. By understanding the condition of the landfill, the City will make better
decisions vested in the interest of the health of its residents, open lands, and economy
thereby achieving several of our City's guiding principles. This study may reveal that
the site is acceptable for use as a community park or it may reveal that the site needs
significant remediation and may not be suitable. This work should be done prior to any
decision concerning the acquisition of this property.
Parks and Recreation Staff believes the Post Closure Trust Fund provides a wonderful
opportunity to study and if necessary, remediate the C & L Landfill at minimum cost to
the citizens of Fayetteville. Staff recommends City Council approval of the Application
for the Post Closure Trust fund.
If additional information is needed, please contact me at 444-3472.
Attachments:
Post Closure Trust Fund Application
Request for Proposals (RFP): Summary of Work Plan
Cummings Property Map
Ito
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE FAYETTEVILLE PARKS &
RECREATION DIVISION TO APPLY FOR A POST CLOSURE
TRUST FUND GRANT FROM THE ARKANSAS DEPARTMENT
OF ENVIRONMENTAL QUALITY (ADEQ) FOR THE C Sr L
LANDFILL STUDY AND REMEDIATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Fayetteville Parks & Recreation Division to apply for a
Post Closure Trust Fund Grant from the Arkansas Department of Environmental
Quality (ADEQ) for the C & L Landfill study and remediation.
PASSED and APPROVED this 3"' day of February, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DRAFT
DAN COODY, Mayor
Arkansas Department
Solid Waste
LANDFILL
TRUST
Grant Application
of Environmental
Management
POST -CLOSURE
FUND PROGRAM
Quality
Division
Package
OF ENyf
iii /��
-1A)
*** 1'y
Submit to
Arkansas Department of Environmental Quality
Solid Waste Management Division
Post Office Box 8913
Little Rock, Arkansas
•
Arkansas Department of Environmental Quality
Solid Waste Management Division
LANDFILL POST -CLOSURE TRUST FUND PROGRAM
Application Forms and Instructions
TABLE OF CONTENTS
General Information
Act 747 of 1991
Purpose of.Act
Funding for Act
Administration of the Landfill Post -Closure Trust Fund Program
Project and Activity Eligibility
Applicability
Ineligible Projects and Activities
Eligibility Requirements
Owner/Operator $10,000 Expenditure
Funding Criteria
Budgeting Criteria
General Instructions
Guidelines for Compiling Application
Guidelines for Application Submittal
Application Forms and Specific Instructions
Checklist Form
Application Cover Sheet Form
Project Narrative Summary Instructions
Project Budget Instructions
Permit Coordination Information Form
Sample Contract Forms
Statement of Agreement
General Conditions of Award
General Information
•
•
Act 747 of 1991: The Landfill Post -Closure
Trust Fund Act, A.C.A. §8-6-1001 et seq., as
amended, allocates funds to be used for
landfill post -closure corrective action.
Regulation 11, The Regulation for Fees,
Funds and Grants, and Regulation 22, the
Regulation for Solid Waste Management,
set forth the procedures and requirements for
•
distribution of the trust funds.
Administration: The Arkansas Department of
Environmental Quality (Department)
administers the Landfill Post -Closure Trust
Fund Program through its Solid Waste
Management Division.
Purpose of Act: To be used for landfill post -
closure corrective action, which is defined as
any measures deemed necessary by the
Director to prevent or abate contamination of
the environment from any landfill which has
been certified by the Department as no longer
receiving waste.
Funding for Act: Act 747 of 1991 initiated
the Trust Fund with landfill disposal fees of
15¢ per cubic yard of loose waste, 30¢ per
cubic yard of compacted waste, and $1.00 per
ton collected on wastes disposed of in
Arkansas landfills.
Project and Activity Eligibility: The fund
shall be used on post -closure corrective
action projects and activities, only if the
Director determines that:
1. A landfill is no longer receiving waste,
regardless of when it ceased operating; has
been certified as no longer receiving waste by
the Department; and is causing groundwater
contamination, or is causing other
contamination, that is a hazard to public health
or endangers the environment; and ...
2. The owner or operator of the landfill site has
expended at least ten thousand dollars
($10,000) toward corrective action, unless the
owner or operator cannot be located or the
Director determines that an emergency exists
that necessitates immediate corrective action.
Applicability: The provisions of the trust
fund apply only to Class 1, Class 3
Commercial and Class 4 landfill disposal
facilities. Class 3 Non-commercial landfills
and other solid waste facilities are not eligible
for inclusion in the fund.
Class 1 Landfills: Trust funds shall be
available for post closure corrective actions
for Class 1 landfills, only if the Director
determines that:
1. Assessment monitoring results trigger the
corrective action assessment provisions of
Regulation 22. Trust funds shall not be used
for assessment monitoring activities.
2. Other contamination is discovered which in the
judgment of the Director threatens health and
the environment.
Other Landfill Classes: Trust funds shall be
available for post closure corrective actions
for Class 3C, 3T, and 4 landfills, only if the
Director determines that:
1. There is sufficient evidence of groundwater
contamination to warrant further investigation;
2. Other contamination is discovered which in the
judgment of the Director threatens health and
the environment.
Ineligible Projects and Activities: The
following types of projects and activities are
not eligible for funding:
1. Third Party Compensation: The fund shall
not be used to compensate third parties for
damages to property caused by the
contamination.
2. Areas Adjacent to Existing Landfills: The
fund shall not be used for closed areas or
operational phases contiguous to any
permitted landfill which is receiving solid waste
when the Director determines that corrective
action is necessary.
3. Routine Activities: Funds shall not be used
to perform routine post closure care and
monitoring activities as provided in Regulation
22.
Eligibility Requirements: In order to be
eligible for inclusion in the Trust Fund, a
facility must:
1. Close the landfill as described in Regulation
22, or in accordance with applicable rules and
regulations at the time of closure; and ....
2. Obtain or provide documentation that the
Department has approved closure of the
facility.
When Eligibility Begins: Eligibility begins at
initiation of the post closure care period as
provided by Regulation 22.
Department Involvement: Unless otherwise
required by Regulation 22, or other applicable
regulations, corrective action measures shall
be selected by the Department and corrective
action work shall be administered by the
Department.
Personnel Funding Qualifications: The
Department reserves the right to rule on
qualifications of persons paid with State
funds.
Owner/Operator$10,000 Expenditure: The
owner or operator shall make his initial
contribution of ten thousand dollars ($10,000)
to the Department for use in the corrective
action work after the measure has been
selected. Moneys expended by the owner or
operator prior to Department selection of the
corrective action, unless contributed towards
preliminary studies to confirm existence of
suspected contamination and the Department
has approved the studies, shall not be
considered part of the owner or operator's
contribution.
Refunds: In the event that preliminary
studies are required before implementation of
a corrective measure to confirm or deny the
existence of suspected contamination and
i
those studies indicate that contamination is
not present, the Department shall refund any
money which the owner or operator has
contributed to those studies.
Funding Criteria: While evaluating the
application for landfill post -closure trust funds
to determine whether or not funds will be
awarded, the Department will consider, at the
least, the following criteria:
1. Meets eligibility requirements.
2. Provides proof of and solutions to certified
contamination or environmental issues.
3. Clearly written and focused narrative proposal.
4. Clear budgeting and project scheduling
process.
5. Purchases or contracts follow accepted
purchasing or bid procedures.
Budgeting Criteria: In considering items to
include in the project budget, keep in mind
that the following items are not normally
eligible to be covered by Landfill Post -Closure
Trust Funds. Such budgeted items will not be
funded unless they are directly associated
with the project and are fully justified, and
have met the prior funding approval by the
Department:
1. Administrative Costs over 10%
No more than ten percent (10%) of the funds
shall be used for administrative costs related
to the project.
2. Other Ineligible Costs
• Legal costs or fees
• Motor vehicles or vehicle registration
• Land acquisition
1
i
General Instructions
Included herein are instructions and application forms necessary to apply for funds under the
provisions of the Landfill Post -Closure Trust Fund, pursuant to Regulation 11 and Regulation 22.
If the project is approved to receive funding, a contract will be executed between the grantee and
the Department. (For information purposes only, a sample Statement of Agreement and General
Contract Conditions are provided in this packet.)
Wherever the wording "document or documentation" is used in this package, it means letter(s),
contract(s), resolutions(s) or another specific forms of written communication which verifies a
commitment.
To submit the application:
1) Follow the instructions and guidelines provided herein. A "fill in the blanks" electronic
version of this application packet will be available for your ease in responding.
2) Attach narrative responses, comment lettersand other documentation, identifying or
numbering each document to correspond with the related question.
3) Sign and date the Application Cover Sheet. Each document that requires signatures
must bear legally authorized signatures.
4) Provide a completed "Checklist Form" and a table or list of contents with the completed
application.
5) Submit the original signed application and related documents to the Department for
approval (if possible, include a CD or diskette copy). Do not FAX.
6) Provide a copy of the application, for information only, to the local Regional Solid Waste
Management District to show proposed landfill corrective actions.
Mail Your Application
Arkansas Department of Environmental Quality
Solid Waste Management Division
P 0 Box 8913
Little Rock, AR 72219-8913
Or Deliver Your Application
Arkansas Department of Environmental Quality
Solid Waste Management Division
8001 National Drive, Building E
Little Rock, Arkansas
Checklist
Applicant:
Complete responses are required throughout the application.
Bind each copy on the left side and align as listed below.
Check that the following forms are enclosed in your submittal.
1. List of Contents
2. Application Cover Sheet, Signed and Dated
3. Project Description and Narrative Summaries
4. Budget
5. Bids, Quotations, RFQ's or RFP's
6. Permit Coordination Form
7. Newspaper Notice
8. Documentation or Certification Contamination or Environmental Hazards
9. Landfill Post -Closure Certification
10. Third Party Certification
11. $10,000 Contribution or Approved Prior Expenditures
12. Right of Entry
13. Supporting Documents
I certify that the information checked above is included in this application submittal.
Authorized Applicant Signature:
IMailing
Landfill
IP
Post-Closure
Trust
Fund
Grant
Application
DistrictlCounty Applicant
Address
City
Zip
Project Contact Person
Phone
FAX
e-mail
Project Location:
Project Description or
Project to be completed:
Authorized Signature
Authorized Signature
Date Submitted
City
County
Short Title
State
In-Kind
Total
In-House
Fund Estimate
Contribution Estimate
Cost Estimate
0 Contractor
Both
■
■
Title
Title
5 5
Submit Completed Application and Attachments to:
Arkansas Department of Environmental Quality
Solid Waste Management Division
Landfill Post-Closure Trust Fund Program
P 0 Box 8913
Little Rock AR 72219-8913
PROJECT DESCRIPTION AND NARRATIVE SUMMARY INSTRUCTIONS
A. Give project goals with specific measurable objectives. Identify need. Describe what the project
intends to accomplish.
B. Provide a project timetable or schedule and a project completion plan. In chronological order,
describe the main actions that will occur to achieve each of the project's objectives. Or describe
the technology or methodology to be used as solutions to the effected area.
C. What cities, neighborhoods, county areas or service areas are targeted to receive a direct
benefit from the proposed funding? Attach a map of the project and service areas.
D. Provide documentation that the landfill is no longer receiving waste.
E. Has the landfill received post -closure certification from the Department?
F. Provide certification and/or documentation that the landfill is causing groundwater
contamination; is causing other contamination; is a hazard to public health; and/or endangers
the environment? Provide any other documentation of the extent of contamination or
environmental hazards and issues.
G. If the project is to be completed in part or in whole by the applicant's (in-house) personnel,
identify the personnel and give brief job descriptions of persons whose salaries are to be funded
in part or in whole by funds received from the Landfill Post -Closure Trust Fund.
H. If the applicant will be working with a partner to implement the project, give the organization and
name of the person assigned to the project. If a contract between the applicant and a private
partner (pursuant to Act 629 of 1991, A.C.A. §8-5-602) is applicable, include a copy of the
contract with the application submittal. Contracts are to follow State Purchasing Procedures.
I. Identify the owner of the land on which the site is located. Provide proof or verification of
financial responsibility of property owner. Provide an executed Right of Entry (form included).
J. If the applicant is other than the land owner, provide a copy of the lease and a signed statement
indicating that the land owner is unable or unwilling to remediate the site and is, therefore, willing
to allow the applicant to process the proposed project.
K. Provide verification of expenditures for remediation and clean-up of the site by the responsible
party of not less than ten thousand dollars ($10,000) or remit an initial contribution of ten
thousand dollars ($10,000) to the Department for use in the corrective action work after the
measure has been selected.
L. The applicant is required to follow corrective action procedures contained in Regulation 22.1201
etal.
M. Provide a certification statement that the fund shall not be used to compensate third parties for
damages caused by the contamination.
Project Budget Instructions
1.
2.
3.
4.
5.
6.
7.
Attach
A.
B.
C.
All items
Criteria
Administrative
Attach
of $20,000.
Applicable
INFLATED
The
The
The
a
State
applicant
State
under
two
Project
listed
quotations
bidding
BID
Budget,
Funding does
initial expenditure
Funding plus
in the Budget
the General
costs must
for
Quotations
and purchasing
PROPOSALS:
using a general accounting format. Ensure that:
not exceed the maximum estimated amount of the project.
of at least $10,000 is included.
the applicants expenditure equals the Budget Total.
under State funding must be eligible expenditures. Budgeting
Instructions in this packet identifies eligible and ineligible costs.
be kept to no more than 10% of the total funds awarded.
each contracted or purchased item or service to be funded in excess
should reflect the cost of the item or service at the time of purchase.
procedures should be followed.
ADEQ
discovered
CONTRACTOR
reserves
in
the
the
HISTORY:
bidding
right to
process.
deny project funding in the event bids appear inflated, or if some other discrepancy is
deny project funding if the bid is awarded to a contractor who has a history of non-compliance
or regulations.
the estimated costs for each of the items listed on the budget sheet.
with an estimated cost of $20,000 or more must have design plans
engineer, unless otherwise approved by the Department.
purchasing used equipment in excess of $20,000, an appraisal will be
consider used equipment where appropriate. Equipment purchases
from the Department.
ADEQ reserves the nght to
with environmental statutes
Provide a breakdown of
Project specific activities
approved by a professional
If funding is awarded for
required. Applicant should
must receive prior -approval
• •
Permit Coordination Form
The following is a list of key questions which will help identify what permits, licenses, or approvals of a permit -like nature
may be needed. It is the applicant's responsibility to identify and obtain needed permits, licenses and/or approval. Submit
this completed form with the application to expedite its review and to reduce the possibility that the project will be delayed
due to the untimely discovery of additional permitting requirements. If the project is funded, copies of permits, licenses or
written approval may be required.
Answering "yes" to any of these questions (by circling the "r), may indicate a need fora permit, license or approval
from the appropriate authority.
1. Y N Does the project involve the discharge of any type of wastewater to a storm
sewer, drain, lake, stream or other surface water?
2. Y N Does the project involve the discharge of liquids, sludge, wastewater and/or
wastewater residuals into or onto the ground?
3. Y N Does the project involve the storage of chemicals, petroleum products, or salt
on the property?
4. Y N Does the project involve the on-site storage of sanitary sewage prior to ultimate
transport and disposal off-site (pump and haul)?
5. Y N Does the project involve the transport of septic tank, cesspool, or dry well
contents?
6. Y N Does the project involve the on-site treatment, storage, or disposal of hazardous
waste?
7. Y N Does the project involve burning, landfilling, storage, composting, transferring or
processing any type of solid non -hazardous wastes on site?
8. Y N Does the project involve the installation, construction, reconstruction, relocation,
or alteration of any process or process equipment (including air pollution control
equipment) which has the potential to emit air contamination?
9. Y N Does the project involve the construction or alteration of any sewage collection
or treatment facility?
10. Y N Does the project involve proposed work (dredging, filling, construction) in a:
a) River, stream, creek, ditch, or swamp
b) Wetlands or floodplain (area that has standing or flowing water any
time of the year)?
11. Y N Does the project involve any dredging proposed with 500 feet of a lake, stream
creek, or ditch?
12. Y N Does the project involve any work proposed on or within the boundaries of State
or Federal land?
LANDFILL POST -CLOSURE TRUST FUND GRANT PROGRAM
Arkansas Department of Environmental Quality
Solid Waste Management Division
RIGHT OF ENTRY AGREEMENT
The undersigned is the owner of certain property located in
County, Arkansas, and has a legal description as follows:
The named property contains a solid waste landfill which has been deemed eligible
to receive funding for remediation pursuant to Arkansas Code Annotated §8-6-1001 et seq.
The undersigned hereby grants Right of Entry to either the State of Arkansas, the affected
regional solid waste management district, the affected county, and/or their agents to enter
the to the named property for the purposes of remediation of the said site as approved by
the Arkansas Department of Environmental Quality. The undersigned further hereby
releases and holds harmless the State or its agents from any damage, injury or loss that
might occur in the performance of this operation. This Agreement shall be valid until said
remediation operation has been completed.
Nothing in this Agreement shall be construed as limiting the rights of the State or a
waiver of its authority to pursue enforcement of applicable laws.
SIGNED: SUBSCRIBED AND SWORN to before me
this of , 20
Property Owner(s) Notary Public
My Commission Expires:
STATEMENT OF AGREEMENT ter`
Arkansas Department of Environmental Quality
Solid Waste Management Division
LANDFILL POST -CLOSURE TRUST FUND
Project Title: State Funds Awarded:
Fund Award Number:
Grantee(s):
The State of Arkansas, represented by the Arkansas Department of Environmental Quality, Solid Waste
Management Division (hereinafter referred to as the Department) and the recipient (named herein and
hereinafter referred to as the Grantee) of a grant award from the Landfill Post -Closure Trust Fund, mutually
agree to perform this Statement of Agreement in accordance with the Landfill Post -Closure Trust Fund Act,
A.C.A. §8-6-1001 et seq., with Regulation 11, Solid Waste Fees and Grants, Part Three, and with Regulation
22, the Solid Waste Management Regulation. All applicable general conditions, forms and reporting
requirements, disbursement and other terms, promises, conditions, plans, specifications, procedures, and
assurances, included with this Statement of Agreement, are hereby made a part of the Statement of
Agreement and are signed as a mutual agreement for the implementation of the funded project by the
authorized parties of the Department and of the Grantee. Grantees must meet all conditions as set forth
herein and in applicable Department regulations, guidelines and policies.
The Grantee, in consideration of the promises made by the State herein and in accordance with the terms of
this Statement of Agreement, hereby promises to execute the project described in the submitted application.
The Department, in consideration of the conditions agreed to by the Grantee, hereby promises to tender to the
Grantee the State funds awarded to the project in so far as the Grantee continues to meet the terms and
conditions attached herein and in so far as funds are appropriated and are available from the Landfill Post -
Closure Trust Fund.
The Grantee may not deviate from the terms of this contract without the written concurrence of the
Department. It shall be the responsibility of the Grantee to notify the Department of any irregularities that may
in any way effect this award, including any violations of Federal, State or Local laws by employees or agents of
the Grantee. The Grantee further understands and accepts that the project will not receive any funds from the
State until this Statement of Agreement has been executed by the Department and the Fund Recipient.
Special Conditions to be met by the Grantee:
Authorized Signatures: Grantee(s):
Arkansas Department of Environmental Quality
Chief, Solid Waste Management Division Authorized Signature
Date: Date:
Forth -PC -AG
GENERAL CONDITIONS OF
LANDFILL POST -CLOSURE TRUST
FUND PROGRAM AWARDS
As specified in Arkansas Code Annotated §8-6-
1001, et seq., it is the responsibility of the
Arkansas Department of Environmental Quality
to administer the Landfill Post -Closure Trust
Fund. These General Conditions are to be
enforce on any funds awarded in order to meet
legislative intent and requirements.
These conditions include, but are not limited to, the following:
1. Inter -local Agreements. With the
exception of Regional Solid Waste
Management Boards acting under the
provisions of A.C.A. §8-6-701 et seq., and
Solid Waste Authorities incorporated
under A.C.A. §14-233-101 et seq., no
inter -local agreements shall be allowed
unless approval has been received from
the Department.
2. Quotations and Bids. Each new
Application (or Change Order covering
any deviations to the approved
application) must be accompanied by two
quotations for each contracted or
purchased item or service in excess of
$20,000. The Department may grant an
exception to the two quote rule for
services or items available only through
one source. Quotations should reflect the
cost of the item or service at the time of
purchase. The Fund Recipient is to follow
State Purchasing Procedures and bid
processes for funded purchases or
contracts.
3. Agent of the Fund Recipient
Requirements: Any Agent of the Fund
Recipient is to provide to the Fund
Recipient, prior to Contract approval, a
Certificate of Insurance covering
Workmen's Compensation Insurance and
Automobile Insurance. And...... Agent of
the Fund Recipient is further to provide
to the Fund Recipient, prior to Contract
approval, a Performance Bond in the
amount of the Contract. Such bond is to
be posted by a bonding company
licensed to do business in the State of
Arkansas and such bond is to be issued
in the State of Arkansas. Or...... the
Agent of the Fund Recipient, in said
Contract with the Fund Recipient, agrees
that any payment of said Contract shall
be withheld until the project has received
final inspection approval from the
Department
4. Passing Funds through to an Agent.
For funds passed through to an agent of
the Fund Recipient for services rendered,
payments must be as specified in the
application budget or identified via a
Change Order. The Fund Recipient will
establish that the agent has not violated
any Federal, State or local law. The agent
must maintain accounting records on
funded projects available to the Fund
Recipient and to the Department.
5. Signs and Property Tags. Project
sites must prominently display signs
giving recognition to funds received
through the Arkansas Department of
Environmental Quality, Solid Waste
Management Division.
6. Compliance. A Fund Recipient must
have all necessary solid waste permits. It
is the intent of the Arkansas Legislation
governing solid waste management that
the waste be recycled wherever possible
or practical. However, any waste not
recovered by recycling must be disposed
of in a permitted solid waste disposal
facility, as specified in Regulation 22.
Funded projects must maintain
compliance with all local, State, or
Federal laws, rules or regulations.
GENERAL CONDITIONS Page 2
7. Record Keeping. The Department
shall have the right of access to all
records, books, papers, or documents
related to the funded project. The
Recipient shall establish a proper
accounting system to document
expenditures and revenues. Records
shall be kept for a period of not less than
3 years following receipt of funds.
8. Employee Records. Records shall be
maintained by a Fund Recipient on an
employee whose primary job duty is
directly related to a funded project.
9. Progress Reports. On forms provided
by the Department, a Fund Recipient
must provide a schedule which identifies
projected completion dates and estimated
costs. The Fund Recipient will give an
accounting of expenditures and include
waste disposal data. Reporting will begin
with the start-up payment request, if any,
and will continue through receipt of the
final payment.
10. Report Submittals and Check
Requests. The Fund Recipient will
establish need, calculate and submit
check requests.
11. State Funds Disbursed. Upon
Departmental review and approval of
reports, a State of Arkansas warrant
check shall be issued for the amount
designated by the Department. Funds
shall be released, as funds are available,
in accordance with the Landfill Post -
Closure Trust Fund Program
disbursement schedule, and such funds
shall be calculated following receipt of
required documents and, for in-house
projects, invoice copies of costs or
services rendered.
12. Checks Payable. Unless otherwise
requested by the Fund Recipient, by use
of a Change Order form, checks will be
made payable to the Fund Recipient and
mailed to the Project Coordinator named
in the application.
13. Documentation of Expenditures.
For project bid at over $20,000, provide a
copy of the contract with a winning bidder,
bid specifications, and bids received to
the Department. For sites being cleaned
up as an in-house project, provide copies
of invoices covering project expenditures.
14. Modifications and Changes.
Changes may be made to the funded
project, as described in the original
approved Application, only if the Fund
Recipient submits a Change Order. The
Department will review the request and
will determine if modifications are to be
allowed. Changes made without following
proper procedure may result in funds
being withheld or in reimbursement
actions.
15. Suspension, Termination,
Reimbursements, Appeals. A Fund
Recipient who encounters serious
financial problems after accepting grant
funds, or who is, for some other reason,
unable to proceed with the approved
project, must immediately inform the
Department.
This attachment, named General
Conditions of Landfill Post -Closure Trust
Fund Program, is hereby made a part of
this Statement of Agreement.
I
Request for Proposal
Professional Services
C & L Landfill Site Characterization Study
City of Fayetteville, AR
Parks and Recreation Division
RFP #
I. INTRODUCTION
Objective
The objective of this project is to conduct a site characterization of the former C & L
Landfill located on a portion of the Cummings property in Fayetteville, Arkansas. The
project will evaluate impacts to soil, groundwater and -surface waters mthe vicinity of the
former landfill. The Consultant will generate a Site Characterizatio'I\Report (SCR) for
submittal to the City of Fayetteville and the Arkansas Department of Environmental
Quality (ADEQ).
Background
The Cummings property encompasses approximately\500 acres of land, of which
approximately 35 acres were previously5utilized as a landfill; -The -former C & L Landfill is
located approximately 1.5 miles southwest of -Fayetteville, inthe �Southwest '/. of Section
30, Township 16 North, Range 30 West,WastonCounty, Arkansas (Figure 1). The
landfill reportedly operated.primarily to\receive municipal solid waste and some
II. CONFORMANCE WITH WORK PLAN
All project activities shall b0conductedtini.cohformance with the ADEQ-approved Work
Plan prepared by Te con, dated September 17, 2003, for the site characterization of the
former C'& L Landfill. T,h,'e Work an iigcludes a Scope of Work, proposed subcontractor
list, schedule of activities; Sampling and Analysis Plan (SAP), Quality Assurance
ProtectionY`Pllan (QAPP), 'boratory Statement of Qualifications, and Health and Safety
Plan. Modifications to the Work Plan must be approved by the ADEQ.
The following informatioynf is a summary of the approved Work Plan. The project
description presented�in the ADEQ-approved Work Plan takes precedence for any
discrepancies between the following summary and the Work Plan.
III. SCOPE OF SERVICES
A. HEALTH AND SAFETY
Consultant
will
develop a Site -Specific
Health and
Safety Plan (HSP) which is in
compliance
with
OSHA Standard
29 CFR
1910.120.
Field personnel will have completed an OSHA 40 -hour HAZWOPER (29CFR 1910.120)
course and be current for 8 -hour OSHA Annual Refresher Training. Copies of resumes
demonstrating practical project experience and training certificates for should be
available for all Consultant field personnel.
0
Field measurements will be taken for health and safety monitoring and onsite screening
of soils. The health and safety monitoring will include the use of a calibrated
Photoionization Detector (PID), a Thermo Environmental Industries Model 580 Organic
Vapor Meter (OVM), or similar device, calibrated to isobutylene, and a combustible gas
indicator (CGI) calibrated to 50% LEL methane calibration gas.
B. SAMPLING AND ANALYSIS
1. Soil Boring Installation and Soil Sampling
A total of seven (7) soil borings will be advanced in the vicinity of the site. Four (4) of
the soil borings will be advanced within the apparent confnes of the former landfill.
Two (2) soil borings will be advanced at selected down -gradient locations on the east
side of the former landfill. One (1) soil boring will'be advanced at a selected
upgradient location on the west or north side of the(former landfill. Proposed well
locations are shown on the attached Proposed/Boring and Samples Location Map
(Figure 2). The soil borings will be advanced to�a maximum depthhof approximately
20 feet below grade surface (bgs), five feet'below the initial water table, or to auger
refusal, whichever occurs first. The wellsywill be advanced using a truck -mounted, or
track -mounted drilling rig capable of operatingith 8./inch outside diameter, hollow
stem augers. Soil samples will be collected continuously using core barrels or split
spoon samplers. As each boring is advanced,Nsubsurface soil samples will be
obtained and examined for ASTM`soil classification including soil type, texture,
t.
color, water content, odor, etc. This�lithologic description will%be recorded on boring
log/monitoring well completion forms '<
Soil samples will be -field -screened for'drganic'vapors using calibrated PID, or
equivalent instrument. One soil sample will be collected from each of the seven soil
borings, from the<zone exhibiting the highest OVM reading. If, based on these
observations, n\evidence L environmental impact is noted, samples will be
collected from the capillary_frige-zone,a%change in lithology (to native soil at the
interface- the'landfill�bottom)�or—from the interval of most likely environmental
impact -as determined in the field by the sampling professional.
All'samples retained\for\analysis'will be properly labeled, preserved, and delivered
under'chain-of-custody control to ERMI Environmental Laboratories (ERMI), Allen,
Texas, for analysis. (N'ote: ERMI is the designated subcontract analytical laboratory,
per the ADEQ-approved Work Plan dated September 17, 2003). If another
subcontract analytical laboratory will be used, Consultant must submit the
laboratory's Statement of Qualifications to the ADEQ for approval.) Soil samples
retained for analysis will be analyzed for concentrations of volatile organic
compounds (VOCs) per EPA test method 8260, semi -volatile organic compounds
(SVOCs) per EPA test method 8270, RCRA metals using EPA test method
601017000, organophosphorous pesticides per EPA test method 8141,
organochlorine pesticides per EPA test method 8081, and chlorinated herbicides per
EPA test method 8151 as outlined in U.S. EPA, Test methods for evaluation Solid
Waste, SW -846, 3i° Edition, November, 1986. In addition, soil samples collected
from the four soil borings advanced within the apparent confines of the former landfill
will be analyzed for total radioactivity (gross alpha + gross beta).
2. Groundwater Monitoring Well Installation, Surveying and Gauging
Each of the seven soil borings will be converted to groundwater monitoring wells to
evaluate groundwater on the site. The wells will be completed as follows:
• Installation of 5 to 15 feet of 2 -inch diameter, 0.010 -inch machine slotted
PVC well screen with a threaded bottom cap;
• Installation of 2 -inch diameter, threaded, flush -joint PVC riser pipe to
approximately 2 to 3 feet above grade surface;
• Addition of pre -sieved 10/20 grade silica sand for annular sand pack
around the well screen from the bottom of the boring to approximately 2
feet above the top of the well screen;
• Placement of 2 feet of hydrated bentonite pellets above the sand pack;
• Installation of an above grade, locking, steel, monitoring well cover with a
locking well cap inset in a concrete well pad.
The monitoring wells will be properly developed after
All monitoring wells will be topographically
coordinates by a State of Arkansas -licensed
documented using a Universal Transverse mer
or latitude and longitude grid. Elevations for
each well will be surveyed. A
At least 48 hours after the wells have bee
gauged with an oil/water interface probe to
the site.
3. Groundwater Sampling
Following gauging activities, the
samples obtained. Well purging i
volumes from each well. Field rr
will be performed at rgco ded
recharge stabilization. Groundwz
each dedicatedrbailer blinse
emptying the
containers.
into the
tical and horizontal
Coordinates will be
r coordinate system,
nd top of casing for
monitoring wells will be
to groundwater beneath
wells will 'bupufged and groundwater
Itre moving a minimum of three wellbore
s of teemm✓perature, pH, and conductivity
ring purging activities to confirm well
will be evacuated from the bottom of
nufacturer-provided check valve and
pre -preserved sample
Theo mple contains Willproperly labeled, preserved, and delivered under the
chain -of -custody control to ERMI for analyses of concentrations of VOCs per EPA
tes�i:method 8260, SVCs per EPA test method 8270, RCRA metals per EPA test
method 6010/7000, organophosphorous pesticides per EPA test method 8141,
organochlonne pesticides per EPA test method 8081, and chlorinated herbicides per
EPA test method 815j7as outlined in U.S. EPA, Test methods for evaluation Solid
Waste, SW -846, 3id Edition, November, 1986. In addition, groundwater samples
collected from the seven monitoring wells will be analyzed for total radioactivity
(gross alpha + ,gross beta) and water quality parameters including: chloride and
sulfate using EPA SW -846 Method 300.0/9056, nitrogen (nitrite + nitrate) using EPA
SW -846 Method 300.0, phosphate using EPA SW -846 Method 365.2, total organic
carbon (TOG) using EPA SW -846 Method 415.2/9060, and total alkalinity using EPA
SW -846 Method SM2320.
4. Surface Water Sampling
A total of six surface water samples will be collected in the vicinity of the site. One (1)
of the surface water samples will be collected from an unspecified location
upgradient to the former landfill. One (1) of the surface water samples will be
collected from a surface water seep near the base of the slope on the west -central
portion of the former landfill. One (1) of the surface water samples will be collected
from the intermittent creek that flows eastward from the former landfill, in a location
adjacent to, and downgradient from, the former landfill. One (1) of the surface water
samples will be collected in a downstream location from the same intermittent creek
that flows eastward from the landfill, in a location approximately one mile east of the
landfill, at a point prior to its discharge into Cato Springs Branch. One (1) of the
surface water samples will be collected from Cato Springs Branch, approximately
1,700 feet northeast and downstream from the discharge point of the intermittent
creek. One (1) of the surface water samples will be collected from Cato Springs
Branch, approximately one mile southwest and upstream from the discharge point of
the intermittent creek. Proposed surface water samples are identified on the
Proposed Boring and Samples Location Map (Figure 2).
Surface water sampling will be conducted in general conformance with ASTM
Standard D 3370-82 ("Standard Practices for Sampling Water)\Filed measurements
of temperature, pH, and conductivity will be performed on,the surface water samples.
Final readings will be recorded on the appropriatejform. In addition to these
field/laboratory measurements, the following fieldcqualitative observations will be
recorded on the appropriate field form: color, odoreandkturbidity..
The sample containers will be properly labeled, preserved, and delivered under the
chain -of -custody control to a ERMI for agalyses of concentrations of'VOCs per EPA
test method 8260, SVOCs per EPA test method 8270,_R�CRA metals;per EPA test
method 601017000, organophosphorous pesticides/per EPA test method 8141,
organochlorine pesticides per EPA test method 8
EPA test method 8151 as outlined'in U.S. EPA,
Waste, SW -846, 3'° Edition, November, 1986. In
will be analyzed for water quality paramet re sin
EPA SW -846 Method 300.0/9056, nitrogeni(nit
Method 300.0, phosphate, using EPA`S.W=846 t.
(TOC) using EPA'SW-846 Method 415:2/9060,
846 Method SM2320.
'and chlorinated herbicides per
t methods for evaluation Solid
lion �thessurface water samples
ng)chloride and sulfate using
t nitrate) using EPA SW -846
)d 365.2, total organic carbon
total alkalinity using EPA SW -
5. QC Samples fdr\Soil, Gtoundw tte_rraand Surface Water
During the_ -course of'the<feld Investigations, three types of Quality Control (QC)
specified VOC'analyses;per EPA Test Method 8260, one trip blank will be
d.with every cooler of<soil samples or groundwater samples submitted to the
One equipment'rinsate'sample will be collected per each day of the sampling and
submitted to the laboratory with the collected soil or groundwater samples. The
rinsate will be prpared by pouring distilled water through the sampling device, such
as the continuous core sampler, flight augers, or other non -dedicated sampling
equipment. The rinsate will be analyzed for the same constituents as the collected
soil or groundwater samples.
One field duplicate sample will be collected for every 20 soil, groundwater or surface
water environmental samples collected.
One field blank sample will be collected of the distilled water to document the quality
of the distilled water.
6. Management and Disposal of Contaminated Waste
All waste materials generated during the proposed investigation from drilling,
decontamination, and sampling activities will be collected in 55 -gallon, DOT -
approved steel drums and stored onsite pending waste characterization and
disposal. Composite samples will be collected from each waste stream (soil and
water) for laboratory analyses required for disposal. A waste generator's profile
sheet will be completed and submitted to the appropriate permitted landfill or
disposal facility.
Upon approval from the landfill, Consultant will contract with a state -licensed
disposal contractor, for transport and disposal of the subject drums to the designated
landfill.
7. Equipment Decontamination
Equipment which may come into contact with su
the site investigation will be properly cleaned
between boring installations or sampling activit
the site. All decontamination waste fluids will be
stored in a drum staging area onsite until proper
8. Surface Radioactivity Survey
Field personnel will conduct a limited ground
apparent extent of the former landfill. The gr
consist of measuring radioactivityyleVels at inte
foot by 100 foot grid, laid out across the fora
similar radioactivity measuring instrument.
C. QUALITY
or groundwater during
minated prior to use,
o�demobilization from
collected in suitable containers and
disposal options are determined.
activity survey over the
radioactivity survey will
r of an approximate 100
�g a Geiger Counter or
Consultant will provide a+Quality Assurance Project Plan (QAPP), or will conduct project
activities according to the ADEQ:approved QAPP (Terracon Work Plan dated
+.a.. .
Septembe lt7, 2003), to provide information necessary for maintaining quality
assurap�ce/quality control (QA/Q,2) during the investigation process. Field measurements
and s,.,orgroundwater samples wilSbetcollected in general accordance with applicable
Consultant will provide a list and resumes of supervisory personnel responsible for
QA/QC during the investigation process, including the Program Manager, Project
Manager, Health and Safety Officer, Field Sample Custodian and Quality Assurance
Coordinator. Consultant will provide documentation of corporate quality control
procedures, including senior review, document control and records control.
1. Control of Measuring and Test Equipment
Appropriate requirements for calibration procedures, calibration frequency, and
equipment maintenance will be performed in the field.
2. Use and Maintenance of Field Notebooks
Field forms or notebooks will provide the means for recording all data collecting
activities performed at the site, including drilling and sampling activities. Entries will
be descriptive and detailed.
The following information will be provided in the daily field notes:
• Date
• Project Number and Location
• Start Time
• Weather, including temperature and wind direction information. Weather
entries should be updated as needed, at least once daily.
• Identification of field and site personnel
• Signature of person making the entry
• Boring log or well completion information, as required
• Instrument calibration
• Field measurements
Entries into the field notes
regulatory agency officials,
any other significant events
also be recorded on the fie
equipment.
will also include notes
deviations from the Qi
or observations. Field E
Id forms, or in field'noti
D. REPORT
Consultant will generate an SCR for submittal to
The SCR will include the following: s
• Documentation of field acti%
• Site plan showing pertinent
• Soil boring/monitoring well I
• Analytical laboratory%results,
u maps
radioact
• ISOCI
• Map
• Cros
it conversations with
or Work Scope, and
alibration records will
icated to the specific
of Fayetteville and the ADEQ.
d analytes:
over the former landfill;
• Data. -evaluation and presentation,of pertinent findings; and,
•/Re o nmendations.for.soecific remediation measures and cost estimation
The�SC�2 will include a discussion of the precision, accuracy and completeness of the
field and analytical data '(per Terracon Work Plan dated September 17, 2003). The
precision will.'be evaluated by the analysis of the replicate samples and will be
expressed as a relative percent difference. Accuracy will be estimated from the analysis
of QC samples whose true values are known or from surrogate or matrix spike recovery.
Completeness will be reported as the percentage of all measurements made whose
results are judged tobe valid
IV. GENERAL REQUIREMENTS
A. PROPOSAL TIMELINE
RFP Release Date:
Deadline for Submission of Proposals:
Tentative Contract Award Date:
Tentative Report Due Date:
January 21, 2004
February 4, 2004
March 9, 2004 (City Council Approval)
May 4, 2004
6
r
Proposal Submission Deadline
All proposals must be received at the address listed above no later than 4:00 pm on
February 4, 2004. Facsimile or electronically transmitted proposals will not be accepted.
Postmarks will not be accepted in lieu of actual receipt. Late or incomplete proposals
may not be opened and considered.
B. CORRESPONDENCE
All project specific questions can be directed to:
Rebecca Ohman
Park Planner
113 West. Mountain Street
Fayetteville, AR 72701
Telephone: 479-444-3472
Fax: 479-521-7714
All correspondence, including
C.
1.
Ms. Peggy Vice
Purchasing Manager
113 West Mountain Street
Fayetteville, AR 72701
Telephone: 479-575-8289
Fax: 479-575-8241
The
2. Proposal S
To be consider
proposal. It•is t
before the spec
be submitted to:
le. This-RFP does not commit the City to award a
right to accept or reject any or all proposals if the
interest of the City.
all proposals must be submitted in the manner set forth in this
•irm,s responsibility to ensure that its proposals arrive on or
3. Incurred Costs
This RFP does not commit the City to pay any costs incurred in the preparation of a
proposal in response to this request and Firms agree that all costs incurred in
developing this proposal are the Firm's sole responsibility. .
4. Final Authority
The final authority to award a Contract rests solely with the City Council.
5. City of Fayetteville Reserves the Right
The Selection Committee reserves the right, for any reason to accept or reject any
one or more proposals, to negotiate the term and specifications for the services
provided, to modify any part of the RFP, or to issue a new RFP.
V. PROPOSAL SUBMISSION
A. GENERAL
1. Submission of a proposal indicates that the Firm has read and understands this
entire RFP, to include all attachments, exhibits, schedules, and addendum (as
applicable) and all concerns regarding this RFP have been satisfied.
2. Proposals must be submitted in the format described below. Proposals are to be
prepared in such a way as to provide a straightforward, concise description of
capabilities to satisfy the requirements of this RFP. Emphasis should be
concentrated on conformance to the RFP instructions, responsiveness to the RFP
requirements, and on completeness and clarity of content. (
3. Proposals must be complete in all respects as
may not be considered if it is conditional or incom
B. PROPOSAL PRESENTATION
1. An original and eight (8) copies of the writte\
2. The package containing the original and copies
marked "Request for Proposal Cummings Prop
RFP #XXX."
C. PROPOSAL FORMAT
Response to this Requesffo'
must be submittedin-thefoil
1. Cover Page - Submit
authorized officer, emplo
proposal'th to must inclui
b' A statemen'that ft
a ca
b. A statement indica
numbe and signatw
firm. \�\
in the
format:
section. A proposal
required
sealed and clearly
Characterization Study
of a proposal package that
on letterhead'stationary, signed by a duly
agent_o_f_the organization/firm submitting the
is submitted in response to the RFP #XXX
g which individuals, by name, title, address, telephone
are authorized to negotiate with the City on behalf of the
c. A statement certifying that the undersigned, under penalty of perjury, is an
agent authorized to submit proposals on behalf of the firm,
2. Statement of Certification - Submit copies of licenses as required and pertinent
in addition to those listed for the Quality Assurance Protection Plan.
3. Experience
a. Describe experience Site Characterization Studies.
b. Describe key staff experience in working on any part of this project.
4. Project Approach
As described in Scope of Services.
5. References — Submit a list of references from projects that are related or
pertinent to this type of project.
6. Schedule- Consultant will provide an estimated schedule for the implementation
of the field investigation and reporting activities.
7. Cost and Fees for Anticipated Services — Submit in a separate marked and
sealed envelope. Cost and fees will not be considered in the selection process.
Cost and fee submittal will be opened and used in negotiation of a final contract.
Only the first selected Firm's cost and fee submittal will be opened unless a
contract can not be negotiated. In this event, the second choice Firm's submittal
will be opened, examined, and negotiated.
a. Explain any assumptions and/or constraints.
b. Explain any additional charges and/or
or indirect costs.
c. Basic fees for services (per hour).
d. Any additional consultant costs as de(
e. Spreadsheet to outline ov all project
VI. PROPOSAL EVALUATION AND
by the
costs and itemize the work.
direct
\
A. EVALUATION PROCESS. \ v
All proposals will be subject to a standard review process developed by the City. A
primary considerationstiall be the effectiveness'of'the firm in the presentation of similar
or related services based on�v�rifiable-performance. The evaluation will be based on the
written proposal as -submitted; but may -include an interview between the Selection
Committee'and the.firm:,
B. EVACUATION
1. Initial,Review - All 'proposals will be initially evaluated to determine if they meet
the followinq'minimum,regwrements:
a. The propbsal.must be complete, in the required format, and be in
compliance/with all the requirements of this RFP.
b. Prospective firms must meet the requirements as stated in the Minimum Firm
Requirements as outlined in Section I, B.
Failure to meet all of these requirements may result in a rejected proposal. No
proposal shall be rejected, however, if it contains a minor irregularity, defect or
variation if the irregularity, defect or variation is considered by the Selection
Committee to be immaterial or inconsequential. In such cases the Firm will be notified
of the deficiency in the proposal and given an opportunity to correct the irregularity,
defect or variation or the Selection Committee may elect to waive the deficiency and
accept the proposal.
9
2. Technical Review - Proposals meeting the above requirements will be thoroughly
evaluated by the Selection Committee based on conformance to all the
requirements stated herein. Following an evaluation of the RFP responses,
prospective firms maybe interviewed by the committee. The committee reserves
the right to select the firm from the information submitted in the RFP. Criteria
used in evaluating the proposals and selecting the firm includes the following:
27 Points: Specialized experience and technical competence of the firm
with respect to the type of professional services required.
27 Points: Project approach that best meets the Parks and Recreation
Division's needs and goals.
21 Points: Ability to provide services in a timely manner (including, but
not limited to, providing sufficient personnel, licensing,
certification, preliminary and final drawings, specifications,
calculations, cost estimates and all'sucR'services needed for the
full completion of the project. )/\\ �\
20 Points: Past record of performance ofthe firm with respect to control
of costs, quality of work, and ability to meet schedules and
deadlines. Referencesr \
5 Points: Firms proximity to and'famili�y with the area \w h the
project is located.
C. CONTRACT AWARD
Contract(s) will be awarded based addording.td"the Professional Selection Policy of
the City of Fayetteville. The City reserves the right to -negotiate any portions of the
successful Firm fees and -scope of work'or'utilize their own resources for such work.
•However, total cost and project approach'should include a turn -key engineered
project from preliminary design through award of construction contract.
VII. PROPOSAL CH
Item
Descri tioRt\
Included
1
/Cover Page (V. C:;1Xp. 8) 'q
2 *
Statement of Certifications (V)C!2. p. 8)
3
Experience (III. C. p.\5;and V: C. 3. p. 8)
4
Projedt•Approach (III arid V. C. 4. p. 9)
5
References:.(V C. 5 /p 9)
6
Schedule (V`C .6(p'9)
7
Schedule of Cost and Fees Enclosed in a Separate Sealed Envelope
V. C. 7. p.9
8
Submit Original Proposal and 8 Copies (V. B. 2._p._8)
10
Fayetteville Parks and Recreation Division
City of Fayetteville, AR
C & L Landfill Site Characterization Study
RFP #XXX
Firm Information: _Corporation _Partnership _Sole Proprietorship
Firm Name
Owner Name
Telephone Number
Federal Tax ID #
Contact Name /
Telephone Number\
Fax Number\
Mailing Address
Remittance Address
I certify that: 1. All declarations in this proposal and attachments•are true to the best of
reasonable knowledge, whereofdh%falsity of such representations entitles
the City to pursue%any`legal remedy. U
2. All aspects•of This proposal, including cost, have been determined
independently. without consultation with any other prospective Firm or
competitor for the purpose of -restricting competition.
3. The'offer made in\this,proposal-is'firm and binding for 90 days after receipt
of/the proposahby the\City of Fayetteville.
\ \ 1.1 (Firm) agrees to provide the City with any
additional informationit deems necessary to accurately determine ability to
perform services,proposed. Furthermore, submission of this proposal
constitutes permission by this organization for the City to verify all
information contained herein. Failure to comply with any request for
additional information may disqualify this organization from further
consideration. Such additional information may include evidence of
financial ability to perform.
Authorized Signature
Date
Print Name
STAFF REVIEW FORM - FINANCIAL OBLIGAA ON
AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: February 3, 2004
Rebecca Ohman
Name
Parks and Recreation
Division
Public Works
Department
ACTION REQUIRED: Resolution authorizing Parks and Recreation to apply for the Post Closure Trust Fund
from the Arkansas Department of Environmental Quality for study and potential remediation of the C & L
Landfill.
COST TO CITY:
$8,500.00
Cost of this request
S 206,173.50 Community Park Development
Category/Project Budget
2250.9255.5301.00 $
Account Number
11,972.50
Funds Used to Date
Program Category / Project Name
Parks Development Capitol
Program / Project Category Name
02002-01 $ 194,201.00 Parks Development
Project Number Remaining Balance Fund Name
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budge Manager Date
CONTRACT/GRANT/LEASE REVIEW:
Accoun ing Manager / Date mote coal Au for Date
City A orney Date Purchasing Manager Date
STAFF REPO DATION:
_______ Received in Mayor's Office
vision I Date Date
`'�'� Cross Re f e renQP
Department irector Date
/ I Previous Ord/Res#:
iY/TN. i1�Mr/? I —ZO
Fina ce S Internal Services Dir. Date Orig. Contract Date:
/— -o Orig. Contract Number:
Chief Ad i trative Officer Dat
New Item: Yes' No
Mayor Date
i
ti�
FAYETTEVILLE
THE CITY OF EAYETTEVIEIF. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Rebecca Ohman
Parks & Recreation Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: February 9, 2004
Re: Resolution 13-04
Attached is a copy of the above resolution passed by the City Council, February 3, 2004,
approving the application for the Post Closure Trust Fund Grant from the ADEQ for the C & L
Landfill study and remediation. Please see that I get a copy of the grant once completed to
attached to this resolution. Thanks.
This resolution will be recorded in the city clerk's office and microfilmed. If anything else is
needed please let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor