Ala. Admin. Code r. 335-4-2-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-4-2-.04 - Remediation Contracting

(1)Approved Contractors List.

(a) For large sites, remediation contractors who wish to perform work under the STF must demonstrate to the satisfaction of ADEM through the submittal of a technical proposal using ADEM Form 530, and any other documents as may be required by ADEM, that they have adequate staff and resources to perform scrap tire site remediation and that they have the legal standing to perform the work. The remediation contractor must provide services that include, but are not limited to, preparation of a remediation plan, site assessment, site security, excavation or processing of scrap tires or tire materials, vector control, transportation of tire materials, and site closure.

(b) ADEM will place a notice on the Department's website requesting technical proposals from prospective remediation contractors.

1. Completed proposals shall be independently evaluated by members of a Contractor Review Committee to establish an approved contractor list. The Review Committee shall consist of three (3) ADEM staff appointed by the Director and two (2) members of the STC appointed by the Chairperson of the STC. This process shall be repeated at intervals determined by ADEM to provide interested firms with the opportunity to submit qualifications to be included on the approved contractors list.

2. Contractors that have been approved will not be required to resubmit except under the provisions of 335-4-2-.04(1)(c).

3. Contractors who submitted technical proposals but were not approved may resubmit in response to the next request for proposals. Contractors will be notified in writing of the reasons why they were not approved.

4. A contractor shall not be eligible for payment of expenses from the STF if he is not on the approved contractors list.

5. Misrepresentation of any information in the technical proposal shall be cause for disqualification of the firm from further consideration or removal of the firm from the approved list.

(c) Remediation contractors that fail to satisfactorily maintain the requirements of 335-4-2-.04(1) will not be approved to perform remediation work utilizing the STF until a demonstration is made that satisfies the requirements of 335-4-2-.04(1).

1. A contractor may lose authorization to perform work for the STF if, due to the quality or timeliness of work performed by the contractor, progress in completing actions at STF-funded sites has been significantly delayed or inhibited.

2. A contractor removed from the approved contractor list may submit a request for evaluation as an approved contractor at the next notice of request for proposals as described in 335-4-2-.04(1)(b). This contractor shall satisfactorily demonstrate that steps have been taken to address the causes for losing approval. A satisfactory evaluation by the Contractor Review Committee will enable the contractor to perform STF work. Contractors will be notified in writing if they are approved.

(d) A remediation contractor may lose authorization to perform work under the Scrap Tire Fund if either of the following occurs:

1. The contractor is determined to be in significant noncompliance with any environmental permit, regulation, or statute; or

2. The contractor fails to meet applicable requirements of public contracts executed on behalf of the State of Alabama and its agencies, as determined by the Department.

(e) The approval of a remediation contractor shall in no way establish liability or responsibility on the part of ADEM, STC or the State of Alabama in regard to the services provided by the contractor or circumstances which may occur as a result of the services, nor guarantee that the contractor will receive STF funded work.

(2)Contractor Selection.

(a) Once a scrap tire site has been determined by ADEM to be eligible for STF remediation, ADEM shall issue a Request for Remediation Plans from those contractors on the approved contractor list. The Request for Remediation Plans shall identify the site, scope of work, and a deadline for submittals.

(b) Interested remediation contractors shall submit, as described in 335-4-1-.03, one (1) set of its Remediation Plan, prepared in accordance with 335-4-2-.01(5) for closure of the scrap tire site.

(c) Not later than thirty (30) days after the deadline for accepting remediation proposals in 335-4-2-.04(2)(a), ADEM shall select the remediation contractor submitting the lowest bid meeting all requirements of the scope of work in the Request for Remediation Plan.

(d) A contract between ADEM and the remediation contractor will be executed in compliance with State of Alabama contracting procedures. The contract shall contain:

1. Detailed scope of work.

2. Schedule for completion of the work.

3. Recordkeeping and reporting requirements.

4. Maximum amount of remediation cost reimbursement.

5. Methods of payment to the contractor.

6. Reserve to be held until completion of the work.

7. Provisions for removing the contractor for inadequate performance.

(3)Contractor Performance.

(a) A remediation contractor performing work payable by the STF shall not be required to obtain a processor permit.

(b) If the costs of completing the activities in the approved scope of work are estimated to exceed the amount of funds obligated from the STF, an amended Remediation Plan shall be submitted that details the cost increases proposed. ADEM shall review the amended Plan, and, if costs projections are justified, shall approve the amended Remediation Plan, modify the approved scope of work, and obligate more funds from the STF before the additional work may proceed. However, there shall be a presumption against allowing amendments to Remediation Plans for failure to adequately estimate costs. To justify increased cost projections, extraordinary reasons must be shown to exist that were not known at the time the scope of work was approved by ADEM.

(c) The remediation activities shall be implemented consistent with the approved Remediation Plan in a manner acceptable to ADEM for the contractor to be reimbursed for all costs associated with those activities.

Ala. Admin. Code r. 335-4-2-.04

New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Filed February 23, 2010; effective March 30, 2010.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 09, June 28, 2024, eff. 8/12/2024.

Author: James L. Bryant, M. Gavin Adams, Brent A. Watson; Michael J. Cruise

Statutory Authority:Code of Alabama 1975, § 22-40A-1et seq.