isSTATE OP DELAWARE ,i,;"''Utirrtft fiviun i ur iNm'unnu RdauunCfa •

& ENVIRONMENTAL CONTROLEDWARD TATNAU. BUIUDINO

P.O.Box 1401OFFICE OF THE OOVM, OIUWUHI 19901 TSUIPnONtt 1301) 73d < 4403SECRETARY

Me. Peter BlikoAdministratorEPA, Region III6th & Walnut StreetsPhiladelphia, PA 19106Dear Mr. Blito:

Enclosed is the signed agreement between the State of Delaware and EPA forinvestigation and feasibility study at Tytouts corner Landfill.

He appreciate the attention devoted by EPA leading to the conclusion of thisagreement. EPA's continued conuitorent to identify and name as defendants all po-tentially responsible parties is *1.an appreciated, as is your willingness to Include ;''additional analysis in the scope of work, which my prove instrumental in identifyingsuch parties beyond those included as priority pollutants.

Through our project coordination responsibilities we look forward to workingwith EPA to assure an effective feasibility study at reasonable cost, and ultimatelyto control this top priority site.

Sincerely,

/ Secretary

Enclosure

004̂ 33

SUJJERFUND STATE CONTRACTFOR REMEDIAL ACTIVITIES ATTYBOUTS CORNER LANDFILL

BETWEEN THE^2ZtVTj£ CiT uCL*Vi«A*w^ ru*;- T!I£

O.S. ENVIRONMENTAL PROTECTION AGENCY

A. AuthorityThis contract is entered into pursuant to Sections104(a)(l), (b), (o) (2) and (c) (3) of the ComprehensiveEnvironmental Response Compensation and Liability Act of1980 ("CERCLA") 42 U.S.C. 9601 efe.aeg,.

B. Purpose

1. This contract is an agreement between the U.S.Environmental Protection Agency (EPA) and the State ofDelaware (the "State") to conduct a remedial siteinvestigation and feasibility study at Tybouts CornerLandfill (the "site") and to meet requirements ofCERCLA before further remedial design and constructionactivities ace undertaken.Attached as Appendix A is a description of the siteand the response actions to date.

3. Attached as Appendix B is a description o£ work (DON)which outlines the remedial planning activities forthe remedial investigation and feasibility study.

4. This Contract will become effective upon execution bythe State and EPA, and will terminate in approximately15 months upon the approval of the feasibility studyby both the Delaware Department of Natural Resourcesand Environmental Control (DNREC) and EPA. uponcompletion of the investigation and feasibility study,EPA and DNREC may amend this contract or enter into acooperative agreement regarding future responseactions at the site (i.e. the design andimplementation of recommended remedial measures).

5. The final cost for the Selected Remedial Action at theTybouts Corner Landfill will be identified at thecompletion of the Feasibility Study. If the originalappropriation of $100,000 cannot meet the requited 10%non-Federal share of the remedial design andconstructions costs, the State agrees to seek anadditional appropriation from its legislature.

2.

26004737

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C. Parties1. This contract is between EPA and the State. Attached

as Appendix C and incorporated herein by reference isa certification by the State's Attorney General thatthe Delaware Department of Natural Resources andEnvironmental Control (DNREC), entering into thiscontract on behalf of the State, has the legalauthority to do so and to fulfill the terms of thiscontract.

2. EPA shall designate Christine Altoraari, EnvironmentalScientist, U.S. Environmental Protection Agency, Sixth >:.;..and Walnut Streets, Philadelphia, PA 19106, (21S)597-2193, to serve as Project Officer for thiscontract.

.3. The State shall designate Mr. Robert J. Touhey,Manager, Water Resources Section, Department ofNatural Resources and Environmental Control, P.O. Box1401, Dover, Delaware 19901, (302) 736-5722 aa ProjectCoordinator.

4. The Project Officer and the Project Coordinators havejoint authority to make technical decisions regardingthe work described in the DOW that do noi: (np.-aiT*. -;vjscope of the DON or the cos;.

D. EPA Responsibilities ' •

1. EPA will pay 100 percent of the cost for remedialactions described in the DON for site investigationand feasibility study.

2. EPA shall furnish the services of contractors toperform the tasks in the DOW. EPA shall, at its owncost and expense, furnish the necessary personnel,materials, services, and facilities to performresponsibilities under this contract.

"V;13. EPA will consult with the State on matters relating to

the implementation or modification of work listed inthe DOW on a continual basis.

4. EPA shall provide monthly reports addressing financialstatus and progress of remedial investigation andfeasibility study for'State review.

004738

Si-

E. Personnel Safety- • • •

SPA agrees to davelap ant! oversae the Implementation of the sitesafety plan.

F. State ResponsibilitiesThe State shall not contribute to the cost of the remedial Investigationand feasibility study, however, the State shall at Its own cost andexpense furnish the necessary personnel, materials, services, and facilitiesto perform Us responslblltles under this contract. None of the expensesIncurred by DNREC In performing such responsibilities will be paid orreimbursed front'the Hazardous Substance Response Trust Fund establishedby Section 221 of CERCLA, nor counted toward any cost-sharing requirementsunder any future contracts or cooperative agreements relating to thesite. Specific responsibilities are further described In the followingparagraphs: G, H, I, J, H, N, 0, P, 5 Q.

G. CreditsIn accordance with CERC'.A Section 104(c)(3), EPA will grant the Statea credit against the sh re of the cost for which the State 1sresponsible under this section, for any documented direct out-of-pocket,non-Federal funds sxpanded or :'•!!.Dated by the State or one of Itspolitical suD41v1s1ons thereof, between January 1, 1973 and Deceiver11, 1980 for cost eligible response actions at the site.Within 60 days after execution of this contract by both parties, theState will provide a CERCLA credit claim under the signature of theState's fiscal manager, or the State Agency's Financial Director, tothe EPA Project Officer.This credit claim must;

1] Identify the- specific amount being claimed;2) Identify which unit of government (State Agency, County,

Local) Incurred the credit;3) Identify costs by governmental units .1n detail by'cost element

(I.e. personnel, fringe, travel, contracts, and other);4) certify that the costs being claimed have neither been

reimbursed under any federal grant, nor used for matchingpurposes under any other federal programs or grants.

ft 26004733000121

a. Off-Site Storage, Destruction, Treatment or Disposition

If the State and EPA determine that off-site treatment,storage or disposal is required for any of the-tasks in theDOW, the State will be responsible for confirming that thedisposal sites identified by the apparent low. responsiveresponsible bidder meet the requirements of the invitationto bid, and are authorized to accept, and have adequatecapacity to accept the 'hazardous substances. Saidfacilities must comply with the requirements of Subtitle Cof the Solid Haste Disposal Act but need not be locatedwithin the State's borders.

I, Operations and Maintenance (0&M)

Any amendment to this contract or entering into a.subsequent Cooperative Agreement to undertake recommendedremedial activities shall address maintenance requirementsof section 104(c)(3) of CERCLA. The State agrees to assureall future operation and maintenance costs (O&M) incurredas a result of remedial actions for the expected life ofsuch actions. While the particular response actionsdescribed as Tasks 1,11, III, and V in the DOH may notrequire O&M, the State recognizes that it will beresponsible for possible O&M in Tas^s TV ar.tf VT. ar.j ,iilcommit to O&M following .sucm! jaî ..:i-r. ;:i :̂ ,,,....-a- u^uij.iand identification of the necessary O&M. Any Statecommitment to O&M costs shall be consistent with its lawfulauthority.

J. Permits

As appropriate the State will obtain or assist EPAiinobtaining any permits that are necessary to satisfactorilycomplete the response actions. \

R. Emergency Response Action

Any emergency response activities conducted pursuant to theNational Contingency Plan, 40 CFR S3QQ.65, shall not berestricted by the terms of this contract. EPA, inconsultation with the State, may suspend or modify theresponse activities in the DOW for this contract during andsubsequent to the emergency response actions.

004740

L. Access to the SiteWithin three months of the execution of this contract, EPAand the State shall attempt to secure access to the site toperform all Tasks in the DOW, including any long term O&Hactions through an agreement with the site owner. If suchan agreement is not entered into, an additional three monthperiod will be provided in order that the State, itspolitical subdivision, or EPA, to the extent allowable bylaw, shall secure site access for EPA, its agents,contractors, or subcontractors, if access to the site isnot achieved, this contract is terminated and both partiesare released from all responsibility hereunder.

M. Cooperation and Coordination of Coat Recovery Efforts

EPA and the State agree that they will cooperate andcoordinate in efforts to recover their respective costs ofresponse actions taken at the site described herein,including the negotiation of settlement and the filing andmanagement of any judicial actions against potentiallyresponsible parties. This shall include coordination inthe use of evidence and witnesses available to each in thepreparation and presentation of any cost recovery action,excepting any documents or information which may beconfidential under the provisions of any applicable stateor federal law or regulation.

N. State Inspection During Remedial Activities

1. With advance notice to, the EPA Project Officer and incompliance with the site safety plan, representativesof the State shall have access to the site to reviewwork in progress,

2. EFA shall not be responsible for any harm to any Staterepresentative or other person arising out of, orresulting from, any act or omission by the State'inthe course of an on-site inspection.

0. Information .pn_ The Site '

1. At EPA's request, the State shall make available anyinformation in its possession concerning the site,pursuant to State law. If said information wassubmitted to the State under a claim ofconfidentiality, said •information will be treated inaccordance with 40 CFR Part 2. Absent such a claim,EPA may make said information available to the publicwithout further notice,

0047-U

| 26 0001.23

rl

2. BPA agrees to share information and reports developedas pact of its responsibilities under this contract.Consistent with State law, the State agrees not torelease any information to the public which maypotentially affect present or planned enforcementactions unless approved by both EPA's Region IIIOffice of Regional Counsel and the State ProjectCoordinator.

P. Community Relations Plan

EPA and the State will jointly develop and implement theCommunity Relations Plan. The detailed site specific planis attached as Appendix D. The EPA lead person is JosephDonovan, Public Information Specialist (215) 597-8917.Delaware Department of Natural Resources and EnvironmentalControl shall appoint Kathy Jamison, Public InformationOfficer, Office of Information and Education (302/736-4507).

Q. Third Parties

1. This contract is intended to benefit only the stateand EPA. It extends no benefit or right to any thirdparty not a signatory to this contract.

,2. 22A itaos not assume any liability :o third personswith respect to losses due to bodily injury orproperty damages that exceed the limitations containedin the provisions of 28 U.S.C. Section 1346(b),2761-2680. To the extent permitted by State law,DNREC does nob assume liability to any third personwith respect bo losses due to bodily injury orproperty damages.

R. Responsible Party Clean-Up

If EPA reaches an agreement with any of the responsibleparties to undertake all or part of the remedial action,the DOW will be adjusted.

S. EPA Financial Records

Upon request EPA shall provide to the State or any dulyauthorized representative of the State, copies ofdocumentation pertaining to financial transactions, andwork performed in accordance with the DON.

T. Amendments

Any change in this contract must be agreed to, in writingby both parties hereto, except as provided in parag " '"""

004742

0. Termi nabign_ o£ the ̂Contrac t

This contract may be terminated prior bo the completion ofbha tasks described in the DQH i£ the patties jointly agreein writing not to proceed.

V. Failure to Comply with Terms of Contract

1. If the State fails to comply with the terms of thecontract, EPA may proceed under the provisions ofSection 104(d)(2) of CERCLA.

2. If EPA fails to comply with any requirements of thecontract, the State may, after providing 60 daysnotice, seek in the appropriate court of competentjurisdiction, to enforce the contract.

00471

f. 260001"25

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B,In witness whereof, the parties hereto have executed this ycontract in two (2) copies, each of which shall be deemed anoriginal.

nillTED STATES ENVIRONMENTAL PROTECTION AGENCY

Assistant Administrator DateOffice of Solid Haste and Emergency Response

STATE OF DELAWAREi •' ^

Secretary for the Department of Natural Resources DateEnvironmental Control

004744

?>' 26P.0012B

4: !4i

Appendix ASite Description

Tybouts Corner LandfillMew Castle County, Delaware

A. Site BackgroundThe Tybouta Corner Landfill is located between Route 13 andRoute 71 in New Caatle County, and occupies approximately 47acrea. The landfill was a former sand and gravel excavationsite which later served as a landfill for the disposal ofsanitary and industrial waste from 1969 until 1971 under thejoint operation of New Castle County, and the property owner,Hilliara C. Hard. Stauffer Chemical Company has also beenidentified as a generator of much of the waste disposed at thesite.EPA analytical results demonstrate the contamination of surfacewater and groundwater resources in the vicinity of thelandfill. The analysis identified organic and inorganiccompounds such as trichloroethylene, vinyl chloride,1,2-dichloroethane, benzene, arsenic, and lead. T,he localpopulation is dependent on groundwater for its water supply,and this area is under consideration for a sole source aquiferdesignation. One residential well has been contaminated beyonduse since 1976.In 1980 all enforcement activities were deferred from the Stateto EPA Region III and a suit was initiated under Section 7003of RCRA. The suit was amended in June 1982 to include a countunder Section 106 of CERCLA. Negotiations with defendants wereterminated on October 15, 1982 when the parties failed to reacha resolution concerning the undertaking of a RemedialInvestigation and Feasibility Study at the Tybouta Landfill.

ffeAppendix B |VT ?;;j

Statement of Work pfe' I—————————————————•———i

Tybouta Corner LandfillNew Caatle, Delaware

Listed below is an outline o£ the remedial planning activities forthe Remedial Investigation and Feasibility Study.Task I Fee-Investigation Support

•- site safety plan- site mapping- logistic suppoct $55,000

Task II Site Investigation- subsurface investigation

well drilling programgroundwater monitoring

- surface water monitoring $600,100Task HI Feasibility Study

- evaluation of environmental sound,cost-effective methods to control/mitigate contamination sources $100,000

Task IV Initial Remedial Measures- design and implementation ofremedial measure to controlleachate migration to surfacewater ways

- costs to be determined by amendmentto SSC

Task V Design- detailed design of the recommendedremedial action, including engineeringsketches and specifications, contractdocuments, disposal plans, monitoring plans

- cost to be determined by amendment to the SSCTask VI Implementation of Remedial Action

- cost to be determined by amendmentto the SSC

004743

if"."•".7*7?

JTS

AWEMDEC M. &•»

OB1 DELAWAREor JUSTTOB

Anomn GIMIMI. March 12, 1982

ATTORNEY GENERAL'S STATEMENT FORSTATE. SUPERgUND AGREEMENT

I hereby certify,' pursuant to my authority as Attorney General,that La. ay opinion the laws of the State o£.Delaware provide adequateauthority to carry out the responsibilities sat forth In the attachedState Superfund Agreement (hereinafter referred to as SSA). I furthercertify that the Secretary of the Department of Natural Resources andEnvironmental Control has adequate legal authority as described below,to enter into the SSA with the 0. S. Environments1. Protection Agencyand to fulfill the terms of that Agreement.

In support of this certification, reference is made to 29 Del.C,.§3003(5) which empower! the Secretary to "'[Mlake and enter into any andall contracts, agreements or stipulations, and retain, employ and contraefor the services of private and public consultants, research and technicpersonnel anil to procure by contract, consulu.ir.?, _rs3aar3h, tachr.isaland other services end facilities, whenever the same shall be deemedby the Secretary necessary or desirable in. the performance of the functiof the Department and whenever funds shall* be available for such purposeIt is my opinion that the subject matter of the SSA is well within thescope cf the above provision.

Further, 7 Pel. C. Chapter 60 vests in the Department and the |"Secretary the overaU,"authority and responsibility for protecting1 and >conserving- the land, water, underwater and air resources of the State ;in'the beat interests ofr among other things,' the health and safety ofthe public. ,

Finally, 7 Del. C. Chapter 63 confers upon the Department and theSecretary the authority and responsibility for all aspects of hazardous S.waste management in Delaware. ;'••'•

Taken together, it is my opinion that the above authoritiesprovide an adequate basis'for the Secretary, on behalf of the Stateof Delaware, to enter into and fulfill the responsibilities set forthin the attached SSA.

'Richard S. GebftAttorney General 0047V/

, '.' ' UNITED STATES ENVIRONMENTAL PROTECTION AGENCYRtgion III- 6th & Walnut So.

Phlladilpbla, Pa. 19106~* cu•.-. su; :T! Community Relations Guidelines for Tybouts Corner, iDATE. Opp q 1001New Castle County, Delaware • ueu a iggi

FROM: Joe Donovan, Community Relations Coordinator, TyboutsCorner, Office of Public Affairs (SPAOO) /

TO: See JDiS'

o

THRU: George yZ&cfftnsId, Jr., Director •Office6K'.Public Affairs (3PAOO) • ;

Prior• to commencement of the following, community relations activities,the EPA community relations coordinator, incooperation with the DelawareDepartment of Natural Resources and Environmental Control (DNREC)cennwnity relations coordinator, will have determined the appropriateelected officials, community leaders, industry officials and media peopleto be contacted, will have developed a procedure for internal coordinationand will have full knowledge and understanding of thi extent and respon-sibilities of EPA and the DNREC regarding the site.

1. EPA will undertake the responsibility for community relations activitiesduring the> study of Tybouts Corner landfill.

2. No full scale local community relations activities will be undertatonuntil study information is specific.

3. Legislative contacts will be made shortly in advance of local communitymedia contacts.(a) DNREC will make state level legislative contacts.(b) EPA will make federal level legislative contacts.

4. DNREC will initiate informal, contacts, in cooperation with EPA, withlocal officials and community leaders.(a) r̂epresentative of the company or companies responsible for providing

drinking water for the immediate and surrounding community.,(b) a representative of each of the most active community groups in the

affected and/or surrounding area (including the Chamber of Commerce,'local industry and business interests, environmental.and civic vgroups), DNREC will keep EPA informed and up to date on communitycontacts.

5. EPA will see to it that information releases are factual and straight-forward, and describe:(a) the overall strategy and goals of the study,(b)' the anticipated time frrdme during which the study is to take place,(c) the names, addresses and phone numbers of responsible EPA/DNREC

contact persons.

^ •• " 004748

OR 000130

AMENDMENT 01 10 THE SUPERFUND STATE CONTRACTFOR REMEDIAL ACTIVITIES ATTVBOUTS CORNER LANDFILL

BETWEEN THE STATE OF DELAWARE AND THEU.S. ENVIRONMENTAL PROTECTION AGENCY

1. This is an amendment pursuant to Section T of the Superfund StateContract for the Tybouts Corner Landfill site signed January 12, 1983.This amendment will add a new Section W to document the advance matchfor State expenditures. All other sections remain in effect as describedin the original contract.

2. The purpose of this amendment is to provide for an advance natchbecause the State is planning to spend State funds to acquire contractualservices as part of the Remedial Investigation at Tybouts Corner Landfill.The Description of Work for fhla amendment originates from the WorkplanModification 3 and the DNREC Documents and Specifications for thePhase 3 drilling contract. These documents are attached hereto andIncorporated as appendixes E and F.

3. Specifically, the State will contract and pay for the Phase 3 drillingneeded to further define contamination in the Potomac Aquifer. Thiscontract shall consist of furnishing all supplies, equipment and labor forinstalling of approximately seventeen (17) monitoring wells at six (6) ['locations of up to three wells (3) per location as described in thebid specifications. The current estimate of the costs of these tasksis sixty-one thousand eight hundred dollars ($61,800.00). EPA recognltcsthat the State is providing these services as an advance match. EPA willapply the costs incurred, up to sixty-one thousand eight hundred dollars($61,800.00), toward the State's ultimate coat share at the site describedherein.

4. The State shall not increase the amount of the advance match unlessthis Contract is amended to provide a higher dollar limit.

5. Any procurement by the State in the performance of its responsibilitiesunder this Contract shall be carried out In accordance with the standardsset forth in 40 C.F.R. Part 33. This shall include, but is not limited to,the minlmun procurement requirements outlined in Subpart B of 40 C.F.R. Part 33.

6, The State is responsible for maintaining a financial management systemthat shall record accurate, current, and complete costs incurred by [';the State in the performance of its responsibilities under this,contract, |

applicable portions at sections 30.510 and 30.430. Thu State Isalso bound by the provisions of 0MB Circular A-87, which seta forthprinciples for determining allowable costs for state governmentsparticipating in federal grants and contracts. The State shall ensurethat all costs Incurred at the site comply with Subpart F of 40 C.F.R.Part 30, are reasonable in nature and are fully supportable andtraceable to Workplan Modification 3 and the bid specifications forPhase 3 drilling.

7. The State shall preserve and make all cost records available to EPAor its authorised representatives in accordance with 40 C.F.R. 30.500 -30.502.

8. The eligibility and allowability of claimed costs will be subject toverification by EPA. EPA may audit claimed costs during the cource ofthe project and following completion of the project. Adequate supportingdocumentation shall be maintained. If coats claimed by the State aredisallowed by EPA, such costs shall not be included in determining the .total cost of the project or the State's contribution thereto. Disallowedcosts will also not count toward the State's cost-sharing obligationunder any other CERCLA contract or assistance agreement with EPA for any site.

9. The State agrees to submit a progress report on its activities to theEPA Project Officer no later than thirty (30) days following the end ofthe Phase 3 drilling. The report shall include an itemlzatlon of Stateexpenditures to date and variances in cost and time.

10. Provision of these services does not ensure that Fund-financed remedialactions will be Implemented at this site. The State may requestreimbursement of any or all of these funds should this money not berequired to meet the State's ultimate cost-sharing obligation at thesite. Any reimbursement by EPA is subject to the availability of appropriatedfunds.

004750

m

In witness whereof, the parties hereto have executed this contractIn two (2) copies, each of which shall be deemed an original.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

Regional Administrator date

STATE OF DELAWARE

Secretary for the Department of Natural Resources dateand Environmental Control

004751

! 26

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APPENDIX E

'""> WORK PLAN MODIFICATION NO. 3r REMEDIAL INVESTIGATION/FEASIBILITY STUDY

TYBOUTS CORNER LANDFILLNEW CASTLE, DELAWARE

EPA WORK ASSIGNMENT 07-3MQ9.0NUS PROJECT NO. 0716

1.0 DESCRIPTION OF MODIFICATION .

The addition of borings and monitoring wells In areas beyond the limits of thelandfill to determine the geologic profiles, hydraulic gradients, permeabilitycharacteristics, and degree of contamination In the Upper Hydrologlc Zone (UHZ)of the Potomac Formation that may bo effected by landfill loachate. Groundwatersamples will be taken from the wells for chemical analyses. Groundwater levelswill be taken using continuous water level recorders to evaluate the potentialconnection to aquifers being pumped for groundwater production, A pumping testmay be conducted based on the results of the drilling and water level records.

2.0 PURPOSE OF THE MODIFICATION

The Work Plan for the Tybouts Corner Landfill Remedial Investigation/FeasibilityStudy (RI/FS) specifies that a third phaae monitoring program will be implementedto define the contaminant plume if any wells in the UHZ contain contaminants (seeSection 3,3.1,8 of the approved Work Plan, dated August, 1983.) The third phase ofdrilling was designed to occur after completion of the Initial and Phase IImonitoring wells and review of the chemical analyses from groundwater samplestaken from these wells, If contamination was discovered In the UHZ, then a thirdphase of drilling would be required to better delineate the impact of contaminationon the UHZ.

Contamination was found In TY-105, which Is located In the UHZ, Data obtainedfrom Initial monitoring wells Indicates the hydraulic gradient In the UHZ Is to thesouth to southeast, and that groundwater In the UHZ may pass beneath and beyondRed Lion Creek toward pumping wells to the east and southeast, Therefore, thethird phase of drilling and monitoring well Installations Is required to further

00475Zi

000134

delineate the direction of groundwater flow, vertical Interconnection betweenaquifers, arid degree of contamination or potential future contamination In theUHZ.

3.0 TECHNICAL APPROACH

3.1 Introduction

Work Plan Modification No. 3 Is fulfillment of tha third phase (Phase III) of drillingand well Installations, as specified In Section 3.3,1.8 of the approved Work Plan,dated August, 1983. Phase III Is part of Task 10, Subsurface Investigation andTask 11, Fle'd Monitoring,

3,2 Task 10 - Subsurface Investigation

3.2.1 General Description of Phase III Drilling and Monitoring Well Installations

Six (6) borings will be drilled through the Upper Hydrologlc Zone (UHZ) of thePotomac Formation, with the option to drill eleven (11) additional wells, Ifrequired, for a total of seventeen (17) possible borings, The optional wells will beInstalled In aquifers that may be contaminated, as determined In the first boringdrilled at each location, The schedule of borings and monitoring wells Is given InTable 1,

Figure 1 Is a generalized geologic cross-section through the southern part of thesite and the area across Red Lion Creek. The cross-section Is based on the resultsof the Initial and Phase II borings and monitoring wells, This generalized cross-section highlights the two major areas where data must be obtained In Phase III:

1, Data must be obtained to determine the degree of Interconnection,contamination, and the hydraulic gradient between the "middle" sand aquiferand the shallowest sand aquifer In the UHZ between elevations -40 to -80mean sea level (MSL), as shown on Figure 1;

004753

26 00013:

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TABLET

PHASE lit DRILLING AND MONITORING WELL INSTALLATIONS

Elevation Estimatedto be Depth of

Drilled to Boring and'Location* (Faat, MSU Well (Feet MSL1 _______Remarks*"______

1 ' -90 95 Well to monitor the UHZ.-30 35 Well to monitor the "middle" sand,

2 -90 130 Well to monitor the UHZ.-30 70 Well to monitor the "middle" sand.-200 240 Soring to determine deep aquifers

In the UHZ.

3 -90 105 Well to monitor the UHZ,-30 45 Well to monitor the "middle" sand,-200 215 Boring to determine deep aquifers

In the UHZ,

4 -90 105 Well to monitor the UHZ,-30 45 Well to monitor the "middle" sand,-200 215 Boring to determine deep aquifers

In the UHZ,

5 -30 65 Boring to determine aquifers In-90 125 the UHZ,-200 235

6 -30 65 Well to monitor the "middle" sand,-90 125 Well to monitor the UHZ,-200 235

* Refer to Figure 2 for locations of boring and well sites,"" Refer to Figure 1 fcMSL • mean see level"" Refer to Figure 1 for positions of the "middle" sand and UHZ, 004 7 ̂

TOW2& °00.Me

? f f I

2, Data must be obtained to determine the degree of Interconnection,contamination, and hydraulic gradient between the -40 to -80 feet mean sealevel (MSI) sand aquifer and deeper aquifers In the UHZ that may lie between-90 to -200 feet MSL

The Initial and Phase II programs Indicate that the number, thickness, anapermeabilities of sand bodies In the UHZ Increase to the south and southeast of thesite, Figure 1 shows that the hydraulic gradient between the "middle" sand aquiferand the UHZ Is downward, Contaminants have been found both In wells TY-2Q5(middle sand) and TY-105 (UHZ,) Therefore, contaminants could be migrating fromtho "middle" sand to the UHZ, In addition, the apparent hydraulic gradientbetween TY-206 and TY-105 In the UHZ Indicates that UHZ groundwater may beflowing to the southeast, beneath and beyond Red Lion Creek, Phase III willdetermine these factors by the Installation of two wells at each location, with onolocated In the "middle" sand and the other In the shallow sand of the UHZ.

Since contamination was found In a shallow sand of the UHZ In TY-105, thepotential for deeper contamination will be Investigated, This will be accomplishedby drilling the first borings at locations 2, 3, and 4 (Figure 2) to an elevation of •,[•'-200 feet MSL to establish the location of the significant sand aquifers below those • ' 'currently Identified. If significant water bearing zones are encountered, amonitoring well will be Installed to monitor that zone,

Borings will be drilled at locations 5 and 6, north of the site, to determine thenature of the UHZ to elevation -200 feet MSL If a significant aquifer Isencountered In the UHZ at location 5, a monitoring well will be Installed, Ifsignificant aquifers are encountered at the position of the "middle" sand and theUHZ at location 6, monitoring wells will be Installed,

Continuous monitoring water level recorders will be Installed on Phase III wells,and on existing monitoring wells TY-10S, TY-205, TY-206, TY-107, TY-208,TY-113, and TY-114, These will be used to monitor the water level fluctuations Inthe UHZ to compare to pumping records from surrounding well fields to determinethe effects of existing pumping wells on the UHZ beneath the site, 004756

r, se

3,2,2 Drilling and Sampling

Borings will be drilled to Identify subsurface materials, obtain soli samples, andInstall monitoring wells, Borings 'will be drilled at approximate locations InFigure 2, Rotary drilling methods will be used with bentonlta mud as the drillingfluid, Borings will bo drilled In a manner to prevent cross contamination ofaquifers,

Borings will be of an appropriate diameter to allow a minimum circumferentialclearance of 2 Inches between the wellscreen and riser pipe and the wall of theborehole, For example, a 4-lnch-dia'meter monitoring well will require a minimumborehole diameter of 8 Inches, Larger diameters for boreholes can be used Ifrequired,

Borings drilled for monitoring well installations will be drilled by rotary methodsusing drilling mud as the drilling fluid. These borings will be logged using cuttingsamples taken during 5 ft run Intervals from the recirculatlng drilling fluid.Drilling time will also be noted and used in conjunction with the samples todescribe the llthology In the borehole, This will provide data in zones where the fc:.casing may Interfer with the geophysical logging, Samples at a lesser interval will '•"be procured if change in material or contamination Is encountered,

Drilling will be conducted to minimize vertical leakage between aquifers, Thismay involve the Installation of a temporary steel casing In the upper part of the j ••'borehole Into the first significant clay layer below the watar table, The steel will ;.have a minimum diameter that is 2 inches greater than the diameter of the |-borehole to be drilled below the casing, For example, a 10-lnch-dlameter steel .casing Is required where the borehole below the casing Is 8 inches In diameter, The t~>;ibase of the steel casing will be seated 1 foot Into the clay, The bottom of the ,casing may require grouting to seal the cosing in the clay, Installation of the above hVreferenced steel casing will be determined In the field by the NUS representative, '•

£3004757

26 000139

«A&\Drilling mud that Is composed of bentonlte slurry will be used for drilling. Waterused for drilling fluid must be of drinking-water quality and will requireImportation to the situ. No synthetic additives will be permitted. Bentonlte orother nonsynthetlc drilling fluids will be permitted, Bentonlte or nonsynthetlcdrilling fluids must be commercial grade,

3.2.3 Monitoring Well Installation

Only one monitoring well shall be Installed within each borehole. Before Installingthe well, the depth to the bottom of the borehole shall be measured, If necessary,the borehole shall be backfilled with bentonlte to a depth at which the monitoringwell Is to be Installed,

The monitoring well pipes shall ba stored on a suitable work table or similarapproved work area provided by the subcontractor so that the wallscraen and wellpipe do not come Into contact with the ground, drilling equipment, or other Itemswhich may constitute a contaminant source,

All well pipe and screens will be decontaminated.

The monitoring well sections, shall be lowered Into the borehole and held In place soanother section can be threaded Into place. The length of pipe' sticking aboveground shall be no less than 24 Inches and shall be measured before the excess pipeIs cut off. The top of the well pipe shall be fitted with a vented cap.

Once the entire well pipe Is Installed, and prior to backfilling, the well depth willbe measured to ensure that the well pipe Is unobstructed. Prior to backfilling, thewell pipe will be placed In suspension by suspending the pipe from the top so thatthe well Is several Inches off the bottom of the borehole, The first backfill willthen be added. Subsequent backfilling shall only occur when the well pipe Is held Intension to maintain stralghtness,

75800475

f 26

The producing zones at each well will be gravel packed with No. 2 morle sand to adepth above the well screen, but not through the confining bed, Each well annuluswill be tromie grouted with a bentonlte slurry from the gravel pack to the surface,A separate pipe shall be used for tremlng the grout Into the annular space, Tremlegrouting shall be placed from the bottom-up in the borehole, A tremle pipe ofsuitable length and rigidity shall be used, The end of the tremle pipe shall havetwo 0.5-lnch-wlde by 2-lnch-long slots along the side to allow lateral flow oftremled material and to minimize jetting,

After grouting, locking steel caps will be Installed for wall protection, These cupsshall be a black steel casing painted with a rust-preventatlve paint, A minimum 6Inch diameter, 3 foot length of steel casing, shall be placed around the well pipeand set Into a 2 foot depth of concrete, The top of the protective casing shallextend above the well pipe to allow for ease of access, A hardened steel hasp shallbe welded on one side of each steel casing, prior to Installation, so that the capmay be secured with a hardened steel lock. All security casing and caps will befree of all oils or solvents,

Concrete used to set. protective steal casing shall be a mixture of Portland cement,sand, coarse aggregate, and clean, drinkable-quality water In the ratio of at least 5bags of cement, per 1 cubic yard of aggregate, and not more than 7 gallons of cleanwater per 1 bag of cement, The well casing and cap shall be vented with foursmall-diameter holes,

The security wing shall be surrounded at the ground surface by a concrete pad ,The concrete pad shall be constructed around the protective casing and shall slopegently away td drain water away from the well,

3.2.4 Monitoring Well Development

All monitoring wells will be developed to remove drilling fluid and clean the well,free line-grained soil and drill cutting from the gravel pack, and minimize filter-cake affects In the borehole, A well will be considered developed when It produces

26

a minimum of 3 gpm of trubldlty freo water, One method of well development laas follows:

Step 1: All wells will be developed or balled less than 48 hours after theplacement of tha grout In the borehole.

Step 2: The well will be bailed rapidly for at least throe volumes of the wellcasing as measured below the stabilized leval of the groundwater Inthe well. A bottom valved bailer will be used so sediments In tho baseof the well will be effectively removed,

Step 3: After bailing, the water leval will be allowed to return to a stabilizedleval, and the well will be 'surged using either a solid surge plunger orvalved'surge plunger,

Step 4; Immediately after surging, tha well will be balled as described InStep 2.

Step 3: A portion of the last bailer full of water will be emptied into a clean,.clear glass jar or beaker and shall be examined for visual clarity andtested for pH and specific conductance,

Step 6: Steps 3, 4, and 5 will be repeated until the water Is reasonably clear;the pH varies less than 0,2 pH units incremental fluctuations afterremoving the three volumes; the specific conductance varies less thanS percent after removing the three volumes and the well produces aminimum of 3 gpm water, 3;

Step 7; Well development will be considered complete whan the criteria InStep 6 are obtained, or when approved by the NUS Representative,Dlspersants will not be used to enhance well development,

• 004760

000,1.42

3,2.5 Hydraulic Conductivity and Basic Lag Time Testing of Monitoring Walls

Hydraulic conductivity (permeability) and basic time-lag tasting will bo required Inall monitoring wells, Testing will be conducted during tho well development bymeasuring the change In water level, with time, after the last balling cycle.

Hydraulic conductivity testing requiring Injection of water In the wells (fallinghead or constant head tests) will not be permitted.

3.2.S Borehole Geophysics

Electrical logs (Spontaneous Potential; Resistivity) and natural gamma logging arerequired for the deepest borehole at each location.

The electrical logging of boreholes will Include Spontaneous Potential andresistivity, The electrical logs will be recorded on a continuous strip chart thatclearly shows depth. The depth versus readout on the strip charts will be within 3percent of the true depth of the probe, below ground surface.

Each borehole shall be logged using a natural gamma logging probe commerciallyproduced expressly for borehole logging, The natural gamma log will be recordedon a continuous strip chart that clearly shows depth and relative Intensity of thegamma response. The depth versus readout will be within 3 percent of the actualdepth of the probe,

The time constant or pulse averaging time, logging speed, recorder sensitivity, orgains will be set to produce curve plots that are sufficiently distinct todiscriminate changes In llthology, as approved by the NUS Representative. AllInstrument settings will be recorded on the strip chart for each borehole log,

00476110

26

3,2,6 Sampling and Chemical Analysis of Groundwater Samples'

All Phase III monitoring wells will be sampled at the completion of Phase III.Samples will be analyzed for the same parameters used for the second round ofanalysis In the January-February 1984 sampling,

3,2.7 Water Level Recorders

Continuous monitoring water level recorders will be Installed on all Phase III wellsand on Initial and Phase II wells given In Section 3,2,1 of this modification.Recorders will be Installed on tha existing Initial and Phase II wells upon approvalof this modification, Phase III walls will receive recorders as they are completed,

3.2,8 Pumping Test

A pumping test may be conducted to determine the aquifer characteristics of the"middle" sand and UHZ, Data from the Phase III drilling will be reviewed and thescope of the pumping test will be determined, If technically appropriate, anexisting Getty monitoring well and/or an EPA monitoring well will be used as apumping well,

004762

.11

1 '$:

DOCUMENTS ADD SPECIFICATIONS

FOR

CONTRACT NO. 84-0.1-04

"MONITORING WELLS - TYBOUTS CORNER"(RE-BID)

BIDS WILL BE RECEIVED AT THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTALCONTROL, PURCHASING SECTION, RICHARDSON & ROBBINS BLDG., 89 KINGS HIGHWAY,DOVER, DELAWARE UNTIL HsOO A.M., July 25, 1984 AND WILL BE OPENED AND READALOUD AT THAT TIME. PROPOSALS RECEIVED AFTER THE DATE AND TIME SET FOR THEOPENING WILL BE RETURNED UNOPENED,

Advertisement::Sdane Neva 7/5/84Morning News 7/10/84

m- APPENDIX F |j|L

1 *''!

DEPARTMENT OF NATURAL RESOURCESAND ENVIRONMETNAL CONTROL .

PURCHASING SECTION ' |;t39 KINGS HWY.

DOVER, DELAWARE 19903 !

'•£* SiilliH

(BID ADVERTISEMENT)

^ "^ "MONITORING , FXLS - TYBOUTS CORNER"\~ 3E-BID.'

Sealed proposals will be received by the Department of Natural Resources

and Environmental Control for fie installing of approximately aeventeen (17)

4". monitoring walla at six (6) seperate locations within the confines of

Tybouta Corner Landfill for Coitra.:t No. 84-08-04 entitled "Monitoring Hells -

Tybouts Corner".Proposals may be obtained from the below address at 89 Kings Highway

or by calling (302) 736-5826.A site inspection for prospective bidders will be held on Tuesday,

July J.7, 1984 at 10:00 a.m. at Tybouiia Corner Landfill. The landfill isi !

located on Route 71, south of Route 13-3013 at Route 71 junction, Tybouts

Corner,: Delaware.

Proposals will be address to './he. Department of Natural Resources and

Environmental Control, Purchasing Section, P,0, Box 1401, Dover, DE 19903

and shjall be received no later than 11:00 a.m., July 25, 1934 and at Chat%' •time and place publicly opened and read aloud, fiy

! The Secretary of the Departmentjof Natural Resources and Environmental

; Control reserves the right to reject any and all bids.

Larry L. RanklnPurchasing Coordinator

$Advertisement: ' *State News 7/5/84Morning News 7/10/84

004784

26 000147

TABLE OF CONTENTS•*, Jr̂ ' PAGES

•O TITLE PAGEV

BID ADVERTISEMENT I

TABLE OF CONTENTS II

ADMINISTRATIVE SPECIFICATIONS 1-10

Section A. Definition of Terms 1-4

Section B. Proposal 4-5

Section C. Award and Execution o£ Contract 6

Section D. General 6-10

Section E. Special Provisions 11

TECHNICAL SPECIFICATION 12-14

LOCATION MAP , 15

PROPOSAL FORM PF-1-3

NOTICE • N-l

NON-COLLUSION STATEMENT NC-1

I SUB-CONTRACTORS AND SUPPLIERS CS-1

BID BOND (PROPOSAL GUARANGY) BB-1&2

PERFORMANCE BOND (SAMPLE COPY) PB-1&2

CONTRACT DOCUMENT (SAMPLE COPY) ! ' ' CD-1&2

11 . 2f l _ 000148

STATE OF DELAWARE

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

PURCHASING

DOVER, DELAWARE 19901

ADMINISTRATIVE SPECIFICATIONS

The Administrative Specifications which follow apply to all purchasesand become a definite part of each formal invitation to bid, purchase orderor other award, unless otherwise specified. Bidders or their authorizedrepresentatives are expected to fully inform themselves as to the conditions,requirements, and specifications before submitting bids; failure to do sowill be at the bidder's own risk and he cannot secure relief on the pleaof error.

DEFINITION OF TERMS

Wherever used in these Administrative Specifications or in the otherContract Documents, the following terms shall have meanings indicated which" ill be applicable to' both the singular and plural thereof:

Application for Payment: The form furnished by the Department which is ^to be used by the Contractor in requestingpayments.

Bid Invitation: That public notice or direct offer issued by theDepartment inviting prospective vendors to seekor present "ah offer" for goods or services.

Bidder: Any individual, company, partnership or otherorganization bidding on proposals issued by theDepartment and offering to enter contracts withthe State.

Bonds: Bid, performance and payment bonds and other p.instruments of security, furnished by theContractor and his surety in accordance with theContract Documents.

By Others: Refers to all persons or firms other than theContractor to whom this contract is awarded.

00476626. °00149

Change Ordor: A written order to the Contractor, issued1 afterexecution,of the Contract, signed by theSecretary authorizing an addition, -deletion .or

'~'>: , ' i revision in the work,• and if required, adjustmentin the Contract'Price or the Contract Time.,,

Contract: The written agreement between the Department and"' , the Contractor,covering the wdrk to be performed,

, including the Contractor's bid and, the Bonds. . •Contract Documents: •• The Contract, Specifications, Drawings, Addenda1, .•'• '< (whether issued prior to opening of bids or

• • ' ' execution of the Contract) and Modifications.

Contract Price:, The total monies, payable to the Contractor'Under 'the Contract Documents. .

Contract Time:' • ' The total number of calendar days, and any '• •• completion dates for phases'pr segments of the

• , contract work 'shown on the Construction Scheduleor stated 'in the Specifications or Contract., • '

Contractor: ' • Any individual, company, partnership or otherorganization bidding 'on proposals issued by theDepartment and offering to enter contracts withthe State. ' ,

Department: . . .< Department of Natural Resources and Environmental,• •, . ,. Control. . . •

L-awings; ..' The drawings and plans which show the character< and scope of the work to be performed andwhich have been prepared and approved, and arereferred to in the Contract Documents.

Field'Work Order' A written order to the Contractor, authorized,by the Inspector, 'for minor changes or alterations

iir.-.Vl̂ \̂ îifeiiBiiiii1iiJii|ipTOt''involvine extra cost 'andnot inconsistent with the overall intent of theContract Documents. " .

Furnish: , . To obtain and deliver on the job for installation'' . by other trades.

Inspector: An authorized representative of the Department .assigned to on-site inspection of any feature of

. materials or work.entering into'the Contract. •Installation: ' In addition to actual installation, include oil

unloading, handling, rigging and hoisting, and 'the furnishing of all tools, equipment and <

, materials required to handle and install the work,. , except as otherwise specified in the Contract

Documents,004.787

2.6

•Job Site: The site upon which the Contract work is to beperformed.

.-Modification: Any written amendments of any of the Contract• Documents (including Change Orders and Field

Work OrdersJ-'duly executed and delivered afterexecution of the Contract.

Owner: Same as Department.Project: The entire construction to be performed as

provided .in the Contract Documents.

Provide: Furnish and install.Secretary: The Secretary of the Department of Natural Resource

and Environmental Control or his authorizedagent.

Shop Drawings: All drawings, diagrams, illustrations, brochures,schedules and other data which illustrate theequipment, material and work to be furnishedby the Contractor.

Specifications: The Administrative Specifications and theTechnical Specifications.

State: State of Delaware.

Subcontractor: An individual, firm or corporation having a. direct contract with the Contractor or with anyother subcontractor for the performance of* apart of the work at the site. P'

Superientendent: The Contractor's representative at the site, andshall have authority to act on behalf of theContractor.

Testing Laboratory: A materials testing laboratory approved by theSecretary.

Work: Any and all obligations, duties andresponsibilities necessary to the successfulcompletion of the Project assigned to orundertaken by the Contractor under the ContractDocuments, including the furnishing of all labor,materials, equipment and other incidentials.

Or Equal: Specifications of products by name are intended tobe descriptive of quality, workmanship, finish,function and approximate characteristics desiredand are not intended to be restrictive. Substi-tution of products for those named shall beconsidered, provided the substitute offered is,in the opinion of the Department, equal or superiorin quality, workmanship, finish, function andapproximate character isticŝ ^ ths specified 'manufacturer and " —-••""•

f 26

Personnel with experience and technical • ••background will be utilized by the Department

' in making judgment. , • •-•>

The Vendor certifies that the function,characteristics, performance and endurance'qualities of the material offered, is equal toor superior to that specified.

PROPOSAL.

1. BID INVITATION: See Definitions'.

2. PROPOSAL FORMS; The invitation to bid shall contain preprinted formsfor use by the vendor in. submitting his bid. The forms shall contain basicinformation such as description of the item and the estimated quantitiesand shall have blank spaces for use by the vendor for entering informationsuch as unit bid price, total bid price, etc.

3'. INTERPRETATION OF ESTIMATES: a. The attention of bidders is called tothe fact .that, unless stated otherwise, the quantities given in the proposalform are to be considered to be'approximate only and are given as a basis forthe'comparison of bids, The Department may increase or decrease during theperiod of the contract the amount of any item as may be deemed necessaryor expedient. ;b. An increase, or decrease in' the quantity for any item 'isnot sufficient'grounds for an increase or< decrease in the unit price, •

w SILENCE OF SPECIFICATION: 'The apparent silence of 'the specificationsas ../ any detail or the apparent omission from it of detailed descriptionconcerning any point', shall be regarded as meaning that only the bestcommercial practice is to prevail and only material and workmanship of thefirst quality are to be used. Proof of specification compliance will be theresponsibility of the vendor,

5. EXAMINATION OF SPECIFICATION AND PROVISIONS: The bidder shall examine 'carefully'the proposal.and the contract forms for material contemplated.The bidder shall investigate and satisfy himself as to the conditions to b.eencountered, quality and quantity of the material to be furnished, and therequirements of the Special Provisions and the contract. The submission ofa proposal shall be conclusive that the bidder has made examination of theaforementioned conditions. , » . . ' " '

. p. PREPARATION OF PROPOSAL:'1 a. The bidder's proposal 'shall be written in \?(ink or typewritten on' the form provided, b.. If items are listed with a zeroquantity, bidder shall state unit price ONLY'. (Intended for open end purchases .where'estimated'requirements are not known) In case of any discrepancy,the unit price(s) shall govern. The proposal shall show a total bid pricefor each item bid .and the total bid price .of the .proposal, excluding zeroquantity items. • •

7, PRICES QUOTED: The prices quoted are that for. which the material willbe furnished'F.O.B, to the delivery point and will include all charges'that •nay be imposed during the period of. the contract,'

' ' 004769'.j 26 000.1.52 •"

(-\

8. PISCOUNT: No qualifying letters or statements or separate discountsin or attached to the proposal will be considered in determining the lowbid,, except as may be otherwise herein noted, Cash or separate discountsshould be computed and incorporated into unit bid price(s).

.. SAMPLES OR BROCHURES: Samples or brochures may be required by theDepartment for evaluation purposes. They shall be such as to permit theDepartment to compare and determine if the item offered complies with theintent of the Specifications.10. PROPOSAL GUARANTY: a. Each bidder shall submit with his proposal a

guaranty in sum equal to ten per cent (104) of the total value of his bid.b. This guaranty shall be submitted in the form of a good and sufficientbond drawn upon an insurance or bonding company authorized to do business inthe State of Delaware, to the State of Delaware for the benefit of theDepartment, or shall be submitted in the form of a certified check, cashier'scheck, or Treasurer's check, drawn on a reputable banking institution andmade payable to the Department in the required amount. If the DepartmentBond is not utilized, the substituted bond forms must conform to the minimumof conditions specified in the Department Bond form.11. DE'LIVERY OF PROPOSALS: Proposals shall be placed in sealed envelopes

and shall bear on the outside the name and address of the bidder as well asthe designation of the contract. Proposals must arrive at the Department'sdesignated location no later than the time specified in the Bid Advertisement.

12. WITHDRAWAL OF PROPOSALS: A bidder may withdraw his proposal unopenedafter it has been deposited if such a request is made prior to the time setfor the opening of the proposal.">. PUBLIC OPENING OF PROPOSALS: Proposals will be opened publicly and

r..id at the place designated by the Department on the date and hour set inthe Bid Advertisement. Bidders or their authorized representatives are );';•invited to be present. Proposals received after the time set for the /,•public opening will be returned unopened. i;!,j'

m. DISQUALIFICATION OF BIDDERS: Any one or more of the following causesmay be considered as sufficient for the disqualification of a bidder and therejection of his proposal 'or proposals: '• (y.

a. More than one proposal for the same contract from an individual, r::'firm or corporation under the same or different names. More than one proposal i"is acceptable if bidder represents more than one manufacturer of material. ;'.

b, Evidence of collusion among bidders. Ic. Unsatisfactory performance record as evidence by past experience.d. If the unit prices are obviously unbalanced either in excess or '.'

below reasonable cost analysis values. . re. If there are any unauthorized additions, interlineation, condition*

or alternate bids or irregularities of any kind which may tend to make the 1.proposal incomplete, indefinite or ambiguous as to its meaning. I v

00477D

004770

000153;'''>v;.;

f':-•>;;

AWARD f..,D EXECUTION OF CONTRACT

__ 1. CONSIDERATION OF BIDS: a. After the proposals have been opened' \ and read, the bid prices will be compared and the result of such comparisions

will be made available to the public. Comparisions of the bids will bebased on the correct summation of items or the unit prices bid. b. ' Theright* is reserved to waive technicalities, to reject any or all bids or anyportion thereof to advertise for hew proposals, to proceed to do the work .otherwise, or to abandon the work if, in the judgment of the Departmentor its agent, the best interest of the State will be promoted thereby. ,

1, MAT1IIUAU UUAKANTY: Ueloru any contract is awarded, the successfulbidder may be required to furnish a complete statement of the origin,composition and manufacture of any or all of the material to be used in the ,contract, together with such samples as may be requested for the purposeof testing, ...

3. ' AWARD OF CONTRACT: Within thirty (30) days from the date of openingproposals, the contract will be awarded or the proposals reacted.'

t. EXECUTION OF CONTRACT: a f"shall execute a formal contract and furnish good and suffice...! bond withintwenty (20) days after .date ,of official notice 'of the award of the contract,'b. • If the successful bidder fails to execute the required contract andbond, as aforesaid, within twenty (20) days after the date of officialnotice of the award of the contract, his proposal guaranty shall immediatelybecome forfeited as liquidated damages. Award will then be made to thenext lowest qualified bidder of the work or readvertised, as the Departmentm a y decide. • ' • , • ' , '

'• S. REQUIREMENT OF CONTRACT BOND: a. Successful bidders shall furnish abond to the State of Delaware for the benefit of the Department with surety

. in the amount of one hundred per cent .(100%) of the total contract awardor as otherwise provided in the Special Provisions. Said bonds shall beconditioned upon the faithful, performance of the Contract, b. 'The bond . .forms shall be provided by the Department and surety shall be acceptable' tot h e Department. ' . . " • • . •

6. 'WARRANTY: The successful bidder(s) shall be required 'to extendany policy guarantee usually offered to the general public, Federal, State/'County 'or Municipal governments, on items in this contract against defectivematerial, workmanship and performance. . . .

' .' 7..-. RETURN OF BIDDER'S DEPOSIT: The deposits shall be returned to the .successful bidder upon the 'execution of the formal contract. The depositsof unsuccessful bidders shall be re turned 'to them' immediately upon the- .awarding of the contract or rejection of their bids.'.

•' GENERAL •'' . • : ' •' : ; ' • ' 004771. ' ..1. .'AUTHORITY OF DEPARTMENT:' On. all questions concerning .the interpre-

tation, of specifications, the acceptability' and quality 'of material furnishedand/or .work performed, the classification of material, the execution of theork, and the determination of payment due or to. become due, the decision

•of the Department shall K.- final and binding.

f " 26 000151

2. LAWS TO BE OBSERVED: The contractor is presumed to know and shallstrictly comply with all National, State or County Laws, and City or TownOrdinances and Regulations in any manner affecting the conduct of the work.The Contractor shall indemnify and save harmless the State of Delaware, the'"Nartment, and all Officers and Servants thereof against any claim orliability arising from or based upon the1 violation of any such laws,ordinances, regulations, orders, or decrees whether by himself or byhis employees.

3. PERMITS AND LICENSES: All necessary permits, licenses, insurancepolicies, etc., required by local, State or Federal laws shall be providedby the contractor at his own expense.

4. LIABILITIES: a. The contractor shall save harmless the State ofDelaware, the Department, and all Officers and Servants thereof against anyand all suits, actions, or claims arising from or based upon any injuriesor damages sustained by any person or property as a consequence of thecontractor's negligence in safeguarding and/or conducting the work, throughthe contractor's use of unacceptable or defective equipment, materials, orsupplies, because of any act of omission by the said contractor, hisemployees, or consignees, or from any claims arising from or recovered underthe Workman's Compensation laws or any other law, by-law, ordinance, orderor decree, b. The contractor shall be responsible for all suits,iactions,or claims arising from or based upon any injuries or damages sustained by anyperson or property during the prosecution and execution of the work whichresults from any act, omission, neglect, or misconduct on the part of saidcontractor, his employees, or'consignees, in their manner of executing saidwork satisfactorily, or due to the nonexecution of said work, or at anytime due to defective work or materials.

5. PATENTED DEVICES, MATERIAL AND PROCESSES: a. The contractor shallfor the use of any patented design, device, material or process to

be used or furnished under this contract by suitable legal agreement withthe patentee or owner, and shall file a copy of this agreement with theDepartment, b. The contractor and the surety shall hold and save harmlessthe State of Delaware/, the Department and Secretary, their Officers or Agentsfrom any and all cl̂ 'Vns because of the use of such patented design, device,material, or process in connection with the work agreed to be performed underthis contract.

6. EMERGENCY TERMINATION OF CONTRACT: a. Due to restrictions whichmay be established by the United States Government on material or work,a contract may be terminated by the cancellation of all or portions of thecontract, b. In the event the Contractor is unable to obtain the materialrequired to complete the items of work included in the contract because ofrestrictions established by the United States Government and if, in theopinion of the Department, it is impractical to substitute other availablematerial or the work cannot be completed within a reasonable time, theincomplete portions of the work may be cancelled or the contract may beterminated by mutual agreement.. The Department may require the completion ofany item of the work not covered by Government restrictions prior to suchtermination.

004w« M '1MM

86 000«!

.•,*>.•'•

7. TAX EXEMPTION: a. Material covered by this proposal is exempt '•'rom all Federal' and State taxes. Such taxes shall not be included inirices quoted. Successful bidder(s) will be required to furnish necessary>r applicable tax exemption forms with invoices, b. Any material whichsi be incorporated in the work or any equipment required for the workontemplated in the proposal may be consigned to the Department. If thehipping papers show clearly that any such material is so consigned, thehipment will be exempt from the tax on the transportation of property under •rovision of Section 3175(b) of the Internal Revenue Code as amended byublic Law 180 (78th Congress). All transportation charges shall be paidy the contractor. Each bidder shall take his exemption into account inalculating his bid for .his-work. • ' ' '

8. PAYMENT: The work contracted for shall be paid at the total contractid price, which price and payment shall constitute full compensationor furnishing all labor and material and operating all plants, equipmentnd incidentals necessary to complete the work defined. Partial paymentsay be made on a basis acceptable to the'contractor and the Department.

9'. PRODUCTS BY NAME: Specifications of products by narr.s are intended3 be descriptive of quality,'workmanship, finish^function .• approximatfinaracteristica desired and are not"iiflWl.W!SU— —-..Aeuef̂ asa——abstitution of products for those named shall be considered, .rovided thejbstitute offered is, in the opinion of the Department, equa. or superiorn quality; workmanship, finish, function, and approximate characteristics ,3 that specified in the accompanying specifications.

10. DELIVERY: a. In the event delivery provisions are not met, thejpartment reserves, the right to order equivalent material on the openirke* and any cost resulting from this procedure will become the obligation .f t. successful vendor(s). b, Upon delivery of the product or service

I secified in the contract, the successful vendor(s) will be required to.instruct Department personnel in the operation, maintenance, and safety•'ecautions of each item or service lie .is supplying.

11. CHANGE ORDERS: ... • , • .

Change I n Work: . ' . . . . . • • • •

(a'j Without invalidating the Contract, the Department may, atany time or from time to time, order additions, deletions

• . or revisions in the work; these will.be authorized byChange Orders. Upon receipt of a Change Order, theContractor will proceed with the work involved. 'If any'

• Change Order cause's an increase or decrease in the ContractPrice or an extension or shortening of the Contract Time,the change in the Contract Price or Contract. Time will be so

f nated'in the'Change Order.

1 ,' . (b) .The Inspector, may authorize minor changes and/or alterationsin the work not involving extra..cost and not inconsistentwith the over-all intent of the Contract Documents by meansof a Field Wqrk Order. ' If the Contractor believes that

• • , ' any minor change or .alteration authorized by the Inspector'entitles him to an. increase in the Contract Price or '

1 Contract Time, .he shall not proceed with the work until' after receipt of a Change Order. 004773 ""'~

"r 26. 0.00156

(c) The Contractor shall submit a written lump sum quotationwithin forty-eight (48) hours after receipt of a FieldWork Order from the Inspector at the jobsite, or withinfive (5) days after receipt of a change notice from theDepartment for changes or alterations which the Contractorbelieves entitles him^to an increase in the ContractPrice. These time limits may be extended only with thewritten consent of the. Department.

(d) Additional work performed by the Contractor withoutauthorization of a Change Order will not entitle him toan increase in the Contract Price or an extension ofContract Time.

(e) It is the Contractor's responsibility to notify hisSurety of any changes affecting the general scope of thework or change in the Contract Price and the amount ofthe applicable Bonds shall be adjusted accordingly.The Contractor will furnish proof of such adjustment tothe Department.

Change of Contract Price;(a) The Contract Price constitutes the total compensation!

payable to the Contractor for performing the work. Alllduties, responsibilities and obligations assigned to orundertaken by the Department shall be at his expensewithout change in the Contract Price.

(b) The Contract Price may only be changed by a Change Order.If the'Contractor is entitled by the Contract Documentsto make,a claim for an increase in the Contract Price, hisclaim shall be in writing delivered to the Departmentwithin fifteen (15) days of the occurrence of'the eventgiving rise to the claim. Any change in the CJontractPrice resulting from any such claim shall be incorporatedin a Change Order.

(c) The value of any work covered by a Change Order or of anyclaim for an increase or decrease in the Contract Priceshall be determined in one of the following ways:1. Where the work involved is covered by unit prices

contained in the Contract Documents, by applicationof unit prices to the quantities of the items involved.

2. By mutual acceptance of a lump sum.

3. By payment of Reimbursable Costs and mutuallyacceptable fixed amount for overhead and profit.

H. Reimbursable Costs and overhead shall apply only tocosts incurred solely for the work covered by theChange Order, claim or allowance.

004774000157

(d) .The amount of credit to be allowed by the Contractor to , •the Owner for any such chanr hich results in a net'

. decrease in cost, will be t). umount of the actual netdecrease 'agreed by the Owner, When both additions andcredits are involved in any one change, the combinedoverhead and profit shall be figured on a basis of thenet increase, if any. , ' '

Change Of The Contract Time!(a) The Contract Time may only be changed by a Change Order.

If the Contractor is entitled by the Contract 'Documents' 'to make a claim for an extension in the Contract Time, his

. . claim shall be in writing delivered to the Owner within• 10 days of the occurrence of the event giving rise to theclaim. Any change in the Contract Time resulting fromany such claim shall be. incorporated in the Change Order.

(b) The Contract Time will be extended to an amount equal to .the time lost, due to delays beyond the contr of theContractor if he makes. Â ĵ Lm .jhqee.fQIJP,.3.s . '.

ft't

Doc. No. 40-01/79/01/8

. ••• ' • , 60471510 .. '. i- 0,00158 ,

SPECIAL PROVISIONS'

SCOPE OF WORK

^ _ -rr.uftj,uiac6Jiy seventeen ..„ .,....» i'I w/ aeperate drilling locations of up to three (3; wells par locacli :as further described -in these specifications.

LOCATION OF WORK

• All work shall be performed at the Tybouts Corner Landfill on Routs ;south of Route 13-301S, Tybouts Corner, Delaware. (See location map.

i-SITE INSPECTION j*

Site inspection will be held at 10:00 U'.n., Tuesday July 25, 1934, ').'prospective bidders are encouraged to assemble at the above time at th Slandfill entrance gate on Route 71,

BASIS OF AWARD

Based on specifications this contract shall be awarded to the most resp

-

TECHNICAL SPECIFICATIONS

1, Hydraulic mud rocary drilling will be,required for borehole/well construction.Ditch samples will be taken . 5' intervals. The contractor will provide thejars and labels for sample i-t icage.

2. All boreholes will be 8 3/4 Jnch diameter drilled with a ''fishtail" (or "drag")bit. Ac five of che six sitei, a deep boring will be drilled Co che approximatedepth of -200 feet and geophysical logged to assist In determination ofmonitor well screen sectirgs. There will be an approximate two hour stand-bytime period at each site i iille geophysical logs are conducted and decisionsare made on well designs,

3. Water used for drilling rouse be of drinking water quality.

4. The actual number and depth of monitor wells will depend on deep boreholedrilling results. Each monitor well will be constructed in a differentborehole. (No multiple casing:) in a single borehole). Estimated depths formonitor well at each site ace -30 feet, -90 feet and -ISO feec.

S. Each monitor well will be constructed with flush-joint threaded schedule 80?VC 4-lnch ID pipe and 10 feet of 4-lnch ID schedule 80 PVC fabricated screenwith .020 slot size.

6, The producing stones ac each well will be gravel packed with number 2 Morlesand Co a depth above che well screen, but not through Che overlying confiningbed.

7. Each well annulus will be pressure grouted with a benconlte slurry from thegravel pack to che surface. j::

8. The driller will be responsible for proper development of each well ac Chetime of completion. Hells will be developed by air surging for ac leasttwo hours. Hells will be developed Co produce a minimum of 3 gpm of curbidlcyfree ( 1JTU) wacer.

9. Double casing to prevent cross contamination of aquifers will not be required.However, in che event caving conditions are encountered during drilling,8-inch ID steel casing will be required Co seal off the upper aquifer(s).

10. A portable drilling fluid pit is required for this project,

11. Drilling fluid and cuttings will be monitored by che on-slte project geologist.If volatile organic concentrations exceed 30 ppra the driller will be requiredCo transfer the fluids into containers provided by the Department,

12. Hell annulus may be pressure grouted or trended with bentonice slurry fromChe cop of che gravel pack to che land surface.

13. A three foot length of protective'6" diameter steel casing with lockingcap and locks will be cemented Into place at each well with two feet belowground and one foot stick-up'. The concrete pad shall be 3' x J'̂Ŝ'. Alllocks are to be keyed alike,

12 , 000,1.60

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14. The driller will be responsible for any Improvement to the sice for access.:, Upon completion the contractor Is required Co leave the area In a neat and•' . ."•> orderly fashion. i,,.̂,,)- .

'• I"1

004778

OOOIGI

m

:- ':'•••••/ "•ir̂:;'

BASE MAP IS A PORTION OF THE U.S.S.S. SAINT GEORGES, DELAWARE QUADRANGLE FIGURE 2-1(7.5 MINUTE SERIES, PMOTOREVISEO 1970), CONTOUR INTERVAL' 10 FEET. •

LOCATION OF TYBOUTS CORNER LANDFILLSCALE '"S200°W 004780 ^ cORPCRATON

15 f 26 0001G3

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an (D 3 IO O ••*•*! ••• "-J î t̂ O 3 rf O CT • Q> ™ 3 1 Oc fp n- -*a -* ro -h- ro •* » . ̂ -^fow -*• sji QJ o_ n**' '£1 *Q ifl "* T ^ • ̂ ^ "̂• IH ff»-. OIQ n. i/ioi 3- — CH. .•o-' go-< a.ro 'O 'ô a AI on 001/13 cr

iS.S'Ss a? !? rora5rt -i i/i in t/i 3 •"*—*rau,3'sr ff 1 —n re ua — -* •* g.o cu —* s1 s re3 —i^-sei QI *g n <o e 3 n 0.33-a rta ua tj ^g

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Upon award of this contract a.id receipt of a State of Delaware PurchaseSr?7(we) will provide ____ drilling rigs and complete theproject within___̂ !workln({ days,

COMPANTt_

ADDRESS.

BY

TITLE_

DATE_

PHONE_

Proposal Guaranty In the Amount of ̂ _______ Is enclosed.

Sworn to and subscribed before me thini______day of_______,1984.

NOTARY PUBLIC

Check,If applicable:

( ) I do not wish co bid on the above..

SIGNED r

TITLE_

COMPANY^

' IREMARKS;.

004783

DEPARTMENT OF NATIML RESOURCES AND ENVIRONMENTAL CONTIOFFICE OF ADMINISTRATION

LEGISLATIVE AVE. 6 WMFENN ST. DOVER, DELAWARE 1990! ̂.>i

4, 'r"**, '1 " 'i;rv1 •• •

:>•

V"NOM-COLLUSIC I' STATEMENT

DATE

Department of Natural Resourcesand Environmental ControlOffice of AdministrationLegislative Avenue and William Ponn StreetDover, Delaware 19901

Gentlemen:This is to certify that the undersigned bidder

Secretary

Sworn to and subscribed before me this _______ day of19 __ . ———————

My Commission Expires _________________ ; ____ ,

Notary Public

at °00188

has not, either directly or indirectly, entered into tiny agreement,participated in;any collusion, or otherwise taken any action inrestraint of free competitive bidding in connection with thisproposal submitted to the Department of Natural Resources andEnvironmental Control on the ______ day of ____________,19_, for Contract Number ._________.

CORPORATE Signature of . ...,SEAL Bidder ,________________ ft

By________________

iAttest _• '

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL. OFFICE OF ADMINISTRATION

^ IB3SLATIVE AVE. 6 WMPENN ST.\~

. OFFICE OF ADMINISTRATION j;|a>||ilSLATIVE AVE. 6 WMPENN ST. fifjDOVER, I'-.LAWARE 19901 ', 'if

SUB-CONTRACTORS (If Sub-Contractors are to K used):

SUPPLIERS:

''' H OOOIG9

-I )"A, )

I'-'r'i':'>'

3£

004783 f-•n'f

CS-1 '•"

DEPARTMENT OF NATURAL RESOURCES AND' ENVIRONMENTAL CONTROLLEGISLATIVE AVENUE AND WILLIAM PENN STREET

• DOVER, DELAWARE 19901

BOND TO AC:Wm\PROPOSAL(Not necessary if 'Iieok is used;"see p. 5)

KNOW ALL MEN BY THESE PRESENTS ttat

of _ ______________ 'if the County of ___________ and State

of _______________ as principal, anl __________________

of _______________ of the County of ____________ and State of

________________as surety, legally authorized to do business in the Stateof Delaware,are held and firmly bound unto the State of Delaware in the sura of _____

, Dollars or _____ per cent (not to exceedDollars) of amount of bid on Contract No.

to be paid to said State of Delaware for the use and benefit of

the Department of Natural Resources and Environmental Control, for which payment well

and truly to be made, we do bind ourselves, our and each and every of our heirs, eKecutors,

administrators, and successors, jointly and severally for and in the whole firmly by

these presents. Sealed with __________________________ seal and dated

this ____________ day of ________ in the year of our Lord one thousandnine hundred and ___________ (19 __).

NOW THE CONDITION OF THIS OBLIGATION IS SUCH That if the above bounded principal,

____________________, who has submitted to said Department of Natural

Resources and Environmental Control, a certain proposal to enter into a certain Contract

to be known as Contract No. _____. __, for the construction of a certain Project

in the said State of Delaware shall be awarded said Contract No. _______ and if

004787

saidi

oxscra sau coroo^5—————— SMU I"U *M «"» «• ln» M~. - -y fc K,ute, „ the ̂~ ,- """"* *"""" « •«» to.*«*«,«,—:::n:i:prew * •" •«- °f--•-•"--.—̂ t̂tr."-"

————— -« » ———— S^4 P.0̂, to ttis ̂ " "—— '»h «i »to j» MI »„. „, Vtol6] *"*oai K te «« «. *» »

Corporate Seai

Witness:

CorporateSeal

•VK*:te:

89 KINGS HIGHWAYDOVER, DELAWARE 19903

. CONTRACT DOCUMENT

'— ££CQNTRACl NO.

THIS AGREEMENT, trade and execut -i thii __________ •19 _ , by and between ___________ ____•(hereinafter designated as Contractor) party of the first part, aiNatural Resources and Environmental Control, a £ apartment createdState of Delaware (hereinafter designated as Department) party of

WITNESSETH that the Contractor, in consideration of the coverherein contained and made by the Department, agrees to the follow:

ARTICLE ONE. The Contractor shall and will provide and fumisupplies, machinery, implements, appliances, tools and labor requicontract in _______ ________ County, State ofand specified in the specifications, proposals, drawings or plansdepartment, which specifications, proposals, drawings or plans tit

are hereby incorporated by reference as part of this contract. Th,binding on both parties upon receipt by the Contractor of an appro1Purchase Order. The Contractor must prosecute the work in such onthis contract within ______ calendar days after the receipt ofof Delaware Purchase Order.

IN WITNESS WHEREOF, the said parties have duly executed this £triplicate the day and year first above written.

CD-1

26 000172

t*'V'

C2ITRACT DOCUMENT (CONTINUED)

• El WITNESS WHEREOF, the parties below have hereunto set their hands on the

day of ________i 19 __.

Contractor

By:_Witness •. Title

State of _________County of _________

Swom and subscribed before ire this _____ day of _______, 19

Notary Public

IN WITNESS WHEREOF, the parties below have hereunto set their hands on the

day of ________, 19 __.

Witness

State ofCounty of"

Swom and subscribed before me this _____ day of ______, 19

Notary Public

El WITNESS WHEREOF, the parties below have hereunto set their hands on the

day of ________, 19 ___.

Witness ' ' Secretary, Department of NaturalResources S Environmental Control

State of ________County of ________

Sworn and subscribed before me this _____ day of ______, 19 ___.

Notary Public

004790A f

.26

(IN THE AMOUNT OF 1004 OF THE TOTAL CONTRACT AWARD)

'"\ BOND TO ACCOMPANY'"AND FOR CONTRACT NO. ________\~ • • - - — -——.——-KNOW ALL MEN BY TKHSB PRESENTS THAT:

of ____________ in th& Uo .ity of _________t and State of_________________ as principal and _______________

of ________________ in the County

of _______________________ and State of ______ as suretj

legally authorized to do business in the State of Delaware) are held firmlj

bound unto the State of Delaware in the sum of ____________ Dollars($_____________), to be paid to the said State of Delaware for the

; iuse and benefit of the Department of Natural Resources and Environmental

Control for which payment well and truly to be made, we do bind ourselves,our'and each and every of our heirs, executors, administrators, successors!

and assigns, jointly and severally for and in the whole firmly by thesepresents.

Sealed with our Seals Dated the _______

day of _________ in the j year of. our Lord one-thousand nine-hundredand____________ (19 ).

NOW THE CONDITION OF THIS OBLIGATION IS SUCH That if the

said above bounden principal ____________________________

who has been awarded by the Department of Natural Resources and Environmen-

Control, a certain contract designated by the parties thereto as ContractNo. _____________, and dated the _______ day of _______

PB-1 26