Texas Natural Resource Conservation Commission, Technical Park Center, 12118 North IH 35, Building D, Room 190, Austin, Texas 78753

Y -- UNITED CREOSOTING SUPERFUND SITE PHASE B - INDUSTRIAL REMEDIATION GENERAL CONSTRUCTION CONTRACT. I. Invitation. This is a formal Invitation to Bidders to submit a sealed bid to the Texas Natural Resource Conservation Commission (TNRCC) for the United Creosoting Superfund Site, Conroe, Texas, Phase B-Industrial Remediation of Soils, General Construction Contract. Sealed bids will be received by the TNRCC until 3:00 p.m. local time, August 15, 1995 and then publicly opened and read aloud that same day at 3:00 p.m. local time, at the TNRCC, Technical Park Center, 12100 Park 35 Circle, Building A, Room 310. II. Scope of Work. Specified work shall consist of providing all personnel, equipment and material for constructing a Soil Treatment Building, excavating, hauling and pre-treating contaminated soil from designated areas within the United Creosoting Superfund Site located in Conroe, Texas, and subsequent reburial of soils on-site. Contaminated soil will be treated using a Critical Fluid Extraction System (CFES) provided and operated by CF Systems Corporation of Woburn, Massachusetts, under a separate contract with TNRCC. The treatment of contaminated soil will take place on a concrete slab adjacent to the proposed Soil Treatment Building. Coordination between the general contractor and CF Systems will be required and monitored during the contract period. However, contact between bidders and CF System Corporation is prohibited prior to bid opening. Reference the Contract Documents for the full scope of work. III. Plans and Specifications and Reference Documents. All Contract Documents and Reference Documents concerning the United Creosoting Superfund Site may be examined without charge at the following locations: Texas Natural Resource Conservation Commission, Technical Park Center, 12118 North IH 35, Building D, Room 190, Austin, Texas 78753; Montgomery County Public Library, 104 Interstate 45, North, Conroe, Texas 77301, (409) 539-7814. Copies of the Plans and Specifications will be available for the non-refundable purchase price of $65.00 at the following location: Roy F. Weston, Inc., 5599 San Felipe Suite 700, Houston, Texas 77056, (713) 621-1620, Attn: Keith Karnoski, P.E. Cashiers checks or money orders should be made payable to Roy F. Weston, Inc. Company and personal checks are not acceptable. Packages may either be sent to the bidder by regular mail or may be picked up at Weston's office. All requests for Plans and Specifications should include the following information: 1) Bidder's mailing address, 2) Bidder's physical address, 3) Bidder's fax number and phone number, and 4) the Bidder's contact person. Bidders who wish to have the packages sent by express mail should also include the account number of their preferred express mail delivery service. A list of Reference Documents and instructions for obtaining copies are provided in Specification Section 00200. A pre-bid conference/site visit will be held at the United Creosoting Superfund Site, Clarke Center, Conroe, Texas on July 18, 1995 from 8:00 am to 11:00 am local time. Following the Pre-Bid site visit, a conference will be held at 1:00 pm local time at the Holiday Inn, 1601 South IH 45, Conroe, Texas. Attendance is required for all prospective bidders. Attendance will be certified. Bidders should provide their own protective clothing (Level D). All persons who attend the site visit will also be required to sign a form releasing the TNRCC from liability from possible accidental injury and exposure to hazardous substances at the site. IV. Attention to Bidders. By signing the bid, the bidder affirms that it is fully aware of and accepts the following: Funding: Any contract awarded under this Invitation for Bids is expected to be 90% funded by a Cooperative Agreement from the United States Environmental Protection Agency and the remaining 10% matched by the State. Neither the United States nor any of its departments, agencies, or employees is or will be a party to the Invitation for Bids or any resulting contract. This procurement will be subject to regulations contained in 40 CFR Part 31, 32, 33, 34 and 35. Procurement Procedures: The procurement procedures described in the Invitation for Bids and the Instructions to Bidders were written in accordance with Federal standards. These procedures assure that all procurement transactions will be conducted in a manner which provides full and open competition. Restrictions on types of Contracts: In accordance with Federal rules and regulations, the TNRCC shall award a fixed price contract (lump-sum, unit price or a combination thereof) under a remedial action cooperative agreement. Pre-Bid Contact with soil Remediation Contractor Shall be Prohibited: All bidders are prohibited from contacting CF Systems Corporation or Morrison Knudsen Corporation, for any purposes related to the United Creosoting Superfund Site, Phase B-Industrial Remediation Project. All questions regarding this Project shall be directed to the TNRCC and the Engineer, as outlined in Section 00020, Instructions to Bidders. All bids will be required to be accompanied by an Affidavit signed by the bidder attesting to having prepared the bid independent from any information from CF Systems Corporation or Morrison Knudsen Corporation. Anti-Lobbying Certification: Attention of Bidders is further directed to Public Law 101-121, Section 319, which prohibits the use of Federal funds for lobbying the Executive and Legislative Branches of the Federal Government in connection with the specific contract, grant or loan, and requires disclosure of such lobbying even where no Federal funds are used. Small, Minority and Women Owned Business Enterprises (MBE/WBE): The successful bidder, being the prime contractor, shall be required to take the affirmative action steps, as defined in the Contract Documents, to assure that MBE/WBE's are used when possible, and to assure it has made a good faith effort to meet the goals defined in the Agreement. Federal Rules and Regulations: Applicable Federal rules and regulations (not all inclusive) are included in the Contract Documents for the bidder's reference. Equal Opportunity in Employment: All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The bidder will be required to comply with the President's Executive Order No. 11246, as amended. Further Notification to Bidders: 1. The successful bidder will be prohibited from providing data generated or otherwise obtained in performance of contractor responsibilities, to any party other than the TNRCC or EPA during the life of the contract and for 5 years after the end of the contract unless otherwise instructed by the TNRCC. 2. The successful bidder will be prohibited from accepting employment from any party other than the TRNCC or a Federal Agency for work directly related to the site covered under the contract for five (5) years after the contract has terminated or until any cost recovery actions are completed, whichever is longer. 3. The TNRCC alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of this procurement (issues may include but are not limited to source evaluation, protests, disputes and claims). EPA will not substitute its judgment for that of TNRCC unless the matter is primarily a Federal concern. Violations of the law will be referred to the local, State or Federal authority having proper jurisdiction. 4. TNRCC has procedures to handle and resolve protests and disputes relating to procurement and will disclose information regarding the protest or dispute to the EPA. 5. EPA will review only those protests and disputes which violate Federal law or regulations or violate TNRCC's procedures for failure to review a complaint or protest. 6. EPA will refer all protests not specified above, to the TNRCC. (179)

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