Ala. Admin. Code r. 335-13-11-.05

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

Section 335-13-11-.05 - [Effective until 12/15/2024] Remediation Contracting

(1) The Department will provide notice of requests for proposals from remediation contractors by publication of a legal advertisement.

(a) The Request for Proposals shall identify the site, scope of work, and a deadline for submittal of bids.

(b) Interested remediation contractors shall submit three sets of their bids in response to the Request for Proposals. Submittals shall also include:

1. A remediation plan prepared in accordance with rule 335-13-11-.03(4) for closure of the unauthorized dump, if required; and

2. Documentation of all required licenses, bonds, or other documents or approvals necessary to perform work under applicable Alabama contracting laws and regulations.

(c) Not later than sixty days after the deadline for accepting remediation proposals, the Department shall select the remediation contractor submitting the lowest responsible bid that meets all requirements of the scope of work in the Request for Proposals.

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

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. Provisions for removing the contractor for inadequate performance.

7. Financial assurance for the completion of the contract, if required by the Department.

8. Provisions for monetary penalties for failure to complete the work as stipulated in the contract in a timely manner.

(e) The Department may utilize processes available under state law for contractor selection and contract execution.

(2) Misrepresentation of any information in the proposal may be cause for disqualification of the contractor from further consideration on future unauthorized dump remediation projects.

(3) A contractor may lose authorization to perform work under the Solid Waste Fund if progress in completing actions at funded sites has been significantly delayed or inhibited due to the quality or timeliness of work performed by the contractor, or if the contractor is determined to be in significant noncompliance with any environmental regulation or statute.

(4) The acceptance of a proposal from a remediation contractor shall in no way establish liability or responsibility on the part of the Department or the State of Alabama with regard to the services provided by the contractor or circumstances which may occur as a result of the services, nor shall it guarantee that the contractor will receive future Solid Waste Fund work.

(5)Contractor Performance.

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

(b) If, after the contract is executed, the Department determines that the activities in the approved scope of work need to be revised, an amended Remediation Plan shall be submitted that details the additional efforts that are to be undertaken to accomplish the revised remediation activities and the estimated cost increases proposed. The Department 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 Fund before the additional work may proceed. However, there shall be a presumption against allowing amendments to Remediation Plans for failure to adequately estimate costs.

Ala. Admin. Code r. 335-13-11-.05

Amended: Filed April 21, 2009; effective 5/26/2009.

Author: Phillip D. Davis, Brent A. Watson

Statutory Authority:Code of Alabama 1975, §§ 22-27-7, 22-27-10, 22-27-12.