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

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

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

(1) The Department will extend an Invitation to Bid to prospective remediation contractors by posting the solicitation on the Department's website and other media as required by the State of Alabama's contracting laws and rules.

(a) The Invitation to Bid shall identify the site, scope of work, and a deadline for submitting of bid proposals.

(b) Interested remediation contractors submitting bid proposals shall include:

1. A remediation plan prepared in accordance with 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) No later than sixty days after the deadline for accepting bid proposals, the Department shall select the remediation contractor submitting the lowest responsible bid proposal that meets all requirements of the scope of work in the Invitation to Bid.

(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) Misrepresenting any information in the bid proposal may be cause to disqualify the contractor from future unauthorized dump remediation projects.

(3) A contractor may lose authorization to perform work under the Solid Waste Fund if the contractor fails to make progress in completing work at funded sites due to poor quality or untimely work, or if they are found to be significantly noncompliant with any environmental regulation or statute.

(4) The acceptance of a bid 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 that 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 contractor must follow the approved Remediation Plan to be reimbursed for all associated costs by the Department.

(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 cost 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.

Amended by Alabama Administrative Monthly Volume XLIII, Issue No. 01, October 31, 2024, eff. 12/15/2024.

Author: Phillip D. Davis, Brent A. Watson. Michael J. Cruise

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