1997-04-18 – EPA – West Lake Landfill – Alternative Dispute Resolution

1997-04-18-epa-west-lake-landfill-alternative-dispute-resolution

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WEST LAKE LANDFILL
ALTERNATIVE DISPUTE RESOLUTION
WORK PLAN
Volume I: Narrative Work Plan
Contract No. 68-W4-0039
Work Assignment No. C07023
April 18, 1997
Prepared for:
U. S. Environmental Protection Agency
Region VII
Kansas City, KS 66101
Prepared by:
Dynamac Corporation
5700 Broadmoor
Suite 701
Mission, KS 66202




WEST LAKE LANDFILL
ALTERNATIVE DISPUTE RESOLUTION
WORK PLAN
Volume I: Narrative Work Plan
Prepared for:
U. S. Environmental Protection Agency
Region VII
Kansas City, KS 66101
Contract No.
Work Assignment No.
Dynamac No.
Site No.
Date Prepared
Date Amended
EPA Work Assignment Mgr.
Telephone No.
Dynamac Project Manager
Telephone No.
: 68-W4-0039
: C07023
: 7023
: 14
: April 18, 1997
: Steve Kinser
: (913) 551-7728
: Alan Cummings
: (913) 831-0400
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CERCLA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
TABLE OF CONTENTS
Alternative Dispute Resolution
Work Assignment No. C07023
1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 WORK ASSIGNMENT HISTORY/BACKGROUND . . . . . . . . . . . . . . 1
1.2 SCOPE OF WORK ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.0 TECHNICAL APPROACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.1 TASK 1: PROJECT MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.1.1 Provide Required Reports of Work . . . . . . . . . . . . . . . . . . . . . . 4
2.1.2 Conflict of Interest Screening . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.1.3 Oversight by the Program Manager . . . . . . . . . . . . . . . . . . . . . 5
2.2 TASK 2: WORK PLAN DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . 6
2.2.1 Work Plan Initiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.2.2 Technical Scoping Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.2.3 Work Plan Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.3 TASK 3: CONTRACT REQUIRED REPORTS . . . . . . . . . . . . . . . . . . 8
2.4 TASK 4: CLOSEOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2.5 TASK 5: ARBITRATOR SELECTION . . . . . . . . . . . . . . . . . . . . . . . 10
2.6 TASK 6: CONVENING ACTMTIES . . . . . . . . . . . . . . . . . . . . . . . . 12
2.7 TASK 7: MEDIATION SUPPORT . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3.0 DELIVERABLES AND SCHEDULE………………………….. 14
4.0 PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5.0 SUBCONTRACTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
6.0 EXCEPTIONS TO THE WORK ASSIGNMENT OR ANTICIPATED
DIFFICULTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7.0 QUALITY ASSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ATTACHMENT A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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West Lake Landfill
April 18, 1997
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CERCLA Enforcement Support Setvices, Region VII
Contract No. 68-W4-0039
1.0 INTRODUCTION
1.1 WORK ASSIGNMENT HISTORY/BACKGROUND
Alternative Dispute Resolution
Work Assignment No. C07023
West Lake Landfill (the “Site”), Operable Unit No. 1, involves a remedial
investigation/feasibility study (Rl/FS) being performed by Cotter Corporation (N.S.L.),
Laidlaw Waste Systems (Bridgeton), Rock Road Industries, Inc., and the U.S. Department
of Energy.
In 1966, the Atomic Energy Commission (AEC) sold 8, 700 tons of leached barium sulfate,
together with other radioactive residues to Continental Mining and Milling Company. The
radioactive residues were generated as by-products of uranium processing performed by the
AEC’s contractor. These processing residues were stored at the AEC St. Louis Airport
Storage Site (SLAPSS). Continental Mining moved the radioactive residues to its facility
at 9200 Latty Avenue in Hazelwood, Missouri. Eventually, Cotter purchased the radioactive
residues and shipped all but the 8,700 tons of leached barium sulfate to its processing
facility in Colorado.
In 1973, approximately 8,700 tons of radioactively contaminated leached barium sulfate
residues were mixed with approximately 39,000 tons of soil, and the entire amount was
disposed of in two areas of the Site. This material resulted from decontamination efforts
undertaken by Cotter at 9200 Latty Avenue, where the residues had been stored. Studies
have indicated that these two areas of the landfill are contaminated with uranium-238,
uranium-235, thorium-230, and radium-226. In addition to the radioactive materials in the
landfill, groundwater at the Site is also contaminated with radioactive materials as well as
other hazardous substances.
In 1993, EPA entered into an Administrative Order on Consent (AOC) for the performance
of a RI/FS at the Site. As indicated, Cotter Corporation, Laidlaw Waste Systems, Inc.,
Rock Road Industries, Inc., and the U. S. Department of Energy were signatories to this
AOC.
To date, the four respondents to the AOC have shared the cost of the work equally. While
this allocation has worked for the Rl/FS phase of the work, the upcoming remedial
design/remedial action (RD/RA) wil1 be substantially more costly, and some of the parties
may have difficulty paying a 25% share. The Rl/FS is currently in progress, so no Record
of Decision (ROD) has been issued and it is not expected that a ROD will be issued before
this al1ocation process is complete.
Despite the absence of projected remedial costs, the four respondents to the AOC have
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West Lake Landfill
Apnl 18, 1997
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CERCLA Enforcement Support SeIVices, Region VII
Contract No. 68-W4-0039
Alternative Dispute Resolution
Work Assignment No. C07023
indicated a willingness to proceed with an allocation effort. Since DOE is a respondent to
the AOC and a sister federal entity to the U. S. EPA, AOC respondents have agreed to use
a third-party neutra] allocator, and that this process would best serve the interests of the
parties and satisfy EPA’s desire to maintain neutrality.
Additionally, the private party PRPs have requested that in any allocation performed, that
the allocator give consideration and possibly allocate some responsibility to an “orphan”.
The orphan is B&K Construction Company, which acted as the transporter of the
radioactive materials for Cotter Corporation. It has been alleged that B&K actually chose
the Site for disposal of the wastes, although there appears to be some conflicting
information on this point.
As described by the U. S. Environmental Protection Agency (EPA) in the Work Assignment
Statement of Work (SOW), EPA requires that a third party-neutral allocator be obtained
to assist the AOC respondents develop a voluntary allocation of costs associated with this
site. Dynamac will locate and retain an allocator agreeable to all respondents and the U.
S. EPA, who will represent the orphan share in this process.
Dynamac will provide the allocator and perform the oversight functions described in the
SOW in such a manner as to maintain a neutral approach to all parties involved in the
allocation process.
1.2 SCOPE OF WORK ASSIGNMENT
In the Statement of Work within the work assignment, EPA has identified three primary
functions to be performed by Dynamac:
1. Dynamac will locate and obtain a professional allocator/arbitrator with experience
in dispute resolution pertaining to environmental Jaws and regulations to facilitate
the voluntary a11ocation process;
2. Dynamac will identify and contact the affected parties in this process pursuant to
SOW requirements and conduct activities described in Section B of the SOW,
“Convening Activities”; and
3. Dynamac wil1 provide subcontract oversight and assist the allocator as required in
Section C of the SOW, 11Allocation11

The Statement of Work also provides for project management, work plan development, and
the preparation and submission of contract required reports.
Work Plan
West Lake Landfill
April 18, 1997
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CERCLA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
These functions are organized into seven tasks:
Task 1 – Project Management
Task 2 – Work Plan/Cost Estimate
Task 3 – Contract Required Key Reports
Task 4 – Closeout
Task 5 – Allocator Selection/Subcontracting Activities
Task 6 – Convening Activities
Task 7 – Allocation Activity Support
Alternative Dispute Resolution
Work Assignment No. 0)7023
All support provided under this Work Assignment is described in Section 2.0, Technical
Approach, which was developed based upon the following:
1) The SOW dated March 10, 1997; and
2) The technical guidance and clarification provided during the technical scoping
meeting conducted on March 5, 1997.
Work Plan
West Lake Landfill
April 18, 1997
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CERCLA Enforcement Support Seivices, Region VII
Contract No. 68-W4-0039
2.0 TECHNICAL APPROACH
Alternative Dispute Resolution
Work Assignment No. C07023
This section describes the technical, management, and administrative activities proposed by
Dynamac to meet the Work Assignment objectives as described in Section 1.2 and as
provided in the ESS contract. Section 2.1 describes project management activities. The
remaining sections outline the Dynamac Team’s approach to completing the technical
requirements defined in the Work Assignment Scope of Work and further clarified at the
March 5, 1997 technical scoping meeting.
2.1 TASK 1: PROJECT MANAGEMENT
Performance of this task requires the successful completion of the following sub-tasks that
are identified and discussed in this section:
* Provide required monthly work assignment technical status reports to EPA;
* Provide personnel conflict of interest control;
* Oversight by the Program Manager; and
* Subcontractor oversight and reporting.
Quality Assurance/Quality Control (QNQC) is an integral part of performance of each task
of the Work Assignment. The level of effort and costs associated with providing QNQC
are included in the costing of each task.
2.1.l Provide Required Reports of Work
This work assignment specified a period-of-performance (POP) of four and one-half months,
from March 10, 1997 to July 31, 1997. Under this task, Dynamac will prepare the Work
Assignment Monthly Status Reports (monthly status reports or MSRs) throughout the
period that this Work Assignment is active. The MS Rs will describe the legal, technical and
financial progress of the Work Assignment during the previous month and substantiate any
expenditures, including direct labor, other direct costs (ODC), and travel associated with
the Work Assignment.
2.1.2 Conflict of Interest Screening
Dynamac initiated both organizational and personal conflict-of-interest (COi) screening
activities upon receipt of the Work Assignment. Following this initial step, Dynamac’s
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West Lake Landfill
April 18, 1997
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CERCLA Enforcement Support Seivices, Region VII
Contract No. 68-W4-0039
Alternative Dispute Resolution
Work Assignment No. C07023
Contracts Manager and Officer-in-Charge will complete the COI screening and submit the
results to EPA within 20 days of receipt of the PRP list.
Concurrent with the processing of the organizational COI screening and certification,
Dynamac staff assigned to this Work Assignment also completed personal COi screening
and disclosure forms. This information will be maintained on file by Dynamac.
2.1.3 Oversight by the Program Manager
The Dynamac Acting Program Manager, Mr. Alan Cummings, will provide oversight for the
Work Assignment as the Dynamac Project Manager. This oversight includes:
• Monitoring the work assignment to ensure that it remains on schedule and within
budget;
• Ensuring that appropriate Dynamac resources, including qualified personnel, are
available for the Work Assignment;
• Ensuring that all subcontract activities are properly monitored and reported; and
• Ensuring compliance with provisions of the ESS contract.
LOE and costs estimated for this task include completing the Dynamac corporate and
personnel COI searches and certifications, subcontractor monthly technical reports,
monitoring deliverable schedules and financial progress, and the preparation of
correspondence required by the ESS 7 Contract. Dynamac estimates include the following:
P-4 4 hours:
P-3 18 hours:
Work Plan
West Lake Landfill
This time includes COI certification, work plan and cost estimate
review and approval, approval of the allocator solicitation (contract
elements and requirements), and approval of the allocator subcontract.
This time includes the preparation of local technical reports required
by the contract, oversight for the subcontractor for technical and
budget issues (including scheduled deliverables), and preparation of
correspondence required by the contract.
Apnl 18, 1997
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CERCLA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
2.2 TASK 2: WORK PLAN DEVELOPMENT
2.2.1 Work Plan Initiation
Alternative Dispute Resolution
Work Assignment No. C07023
Upon receipt of the Work Assignment, Dynamac initiated activities necessary to
development of a work plan. Activities completed include:
* Acknowledgement of receipt of the Work Assignment;
* Establishment of master and project files specific to this Work Assignment;
* Copying and distribution of the Work Assignment document to appropriate
staff;
* Assignment of Work Assignment-specific tracking numbers to accurately track
all Work Assignment expenditures; and
* Conducting initial meetings to determine the staffing approach for the Work
Assignment to best meet EPA’s requirements.
2.2.2 Technical Scoping Meeting
Dynamac prepared for and attended a technical scoping meeting with EPA staff on March
5, 1997. The purpose of this technical scoping meeting was to obtain clarification of the
SOW and a better understanding of technical requirements and upcoming deadlines
associated with the Work Assignment to enable Dynamac to develop a focused work plan
and cost estimate.
Dynamac representatives at the technical scoping meeting were:
Mr. Alan Cummings, Acting Program Manager
EPA representatives included:
Mr. Steve Kinser, EPA WAM
Mr. Ron Stewart, EPA CO
Mr. Larry Stafford, EPA
Mr. Dave Hoefer, EPNCNSL
Several issues that impact the technical approach, deliverables, and expenditures associated
Work Plan
West Lake Landfill
April 18, 1997
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CERCLA Enforcement Support Services, Region VII
C’.ontract No. 68-W4-0039
Alternative Dispute Resolution
Work Assignment No. C07023
with this Work Assignment were discussed during the technical scoping meeting. Important
direction and clarification provided by EPA during the meeting are discussed in Sections
2 and 6 of this work plan.
2.2.3 Work Plan Development
Following the technical scoping meeting, Dynamac completed development of this Work
Plan and associated Cost Estimate. The Work Plan and Cost Estimate were reviewed by
the Dynamac Contracts Manager, Mr. David Biver, to ensure compliance with the Region
VII ESS Contract. Dynamac submitted the work plan on March 17, 1997.
The estimated cost of accomplishing the tasks set forth in this work plan was presented in
Volume II of the original work plan. The initial cost estimate submitted with the work plan
does not include allocator costs. Since Task 5 requires that an allocator be selected who is
agreeable to all parties concerned, subcontract costs cannot be included at this point. The
first cost estimate only contains estimated costs for Dynamac personnel.
Dynamac will submit an updated cost estimate that includes subcontractor (allocator)
estimates after the allocator selection process is completed, and pursuant to the SOW for
this work assignment, after completion of the convening phase of this work assignment.
LOE and costs listed for Task 2 include the effort necessary to attend scoping meetings,
develop the work plan and related assumptions, and complete a cost estimate for this work
assignment that details labor, ODCs, and travel at the task level and by professional labor
level. Dynamac estimates the following:
P-3 30 Hours:
P-2 6 Hours:
Work Plan
West Lake Landfill
This includes attending technical scoping meetings, preparation of the
initial work plan, preparation of the original cost estimate, preparation
of the second cost estimate to include allocator costs from the initial
allocator acquisition, and the third cost estimate required by the SOW
upon completion of convening activities.
This includes the review and approval of three cost estimates (as
required by the SOW) by contract specialists to ensure that they are
accurate and are compliant with contract requirements.
April 18, 1997
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CERCIA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
Alternative Dispute Resolution
Work Assignment No. Ol7023
2.3 TASK 3: CONTRACT REQUIRED REPORTS
Dynamac will prepare and submit all reports required by the contract with the exception of
the Monthly Status Reports, which will be prepared pursuant to Task 1. LOE listed for this
task is for the preparation of the work assignment monthly financial reports and
subcontractor financial tracking reports. Dynamac estimates include the following:
P-2 24 Hours:
Work Plan
West Lake Landfill
This includes generation of work assignment monthly financial
reporting and invoice backups in Kansas City, and financial tracking
and reporting on subcontractor invoices in Rockville for the specified
period of performance.
April 18, 1997
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CERCLA Enforcement Support Seivices, Region VII
Omtract No. 68-W4-0039
2.4 TASK 4: CLOSEOUT
Alternative Dispute Resolution
Work Assiglllllent No. C07023
This task includes efforts related to the support of project completion and closeout activities
in both the technical and financial areas as well as file maintenance and record indexing.
Typical activities include: review and consolidation of all project and master files to ensure
files are complete and in order according to EPA Region VII file guidance; preparation of
Work Assignment file indexes identifying all relevant file material; QA review of the final
structure and index, copying and providing relevant files to EPA; preparation of Work
Assignment files for archived storage; and review an documentation of the final financial
status of the Work Assignment. Dynamac estimates 6 P-2 hours and 4 P-3 hours to
complete the work described.
Work Plan
West Lake Landfill
April 18, 1997
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CERCLA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
2.5 TASK 5: ARBITRATOR SELECTION
Alternative Dispute Resolution
Work Assignment No. C07023
The statement of work for this work assignment requires that Dynamac select an arbitrator
professional to act as the convener and allocator for this process. Since pre-approved
subcontractors for this contract either do not have professional arbitrators/allocators or are
prime contractors on other EPA contracts, Dynamac will solicit proposals from professional
arbitration/allocation persons or organizations to ensure, to the greatest extent possible, that
third-party neutrality is obtained.
Dynamac has determined that most of the arbitrators with strong qualifications in dispute
resolution pertaining to environmental laws and judicial proceedings are independent
practitioners affiliated with professional arbitration associations. These persons do not
respond to U.S. Government RFPs on a routine basis. Information obtained by Dynamac
from ADR professionals indicates that many highly qualified arbitrators would not likely
respond to a detailed subcontract RFP, but would respond to a simpler request for
proposals for consulting work. Information provided to Dynamac indicates that an
arbitrator with a strong litigation background or who has adjudicated similar litigation in the
appropriate areas of environmental law is necessary to the successful completion of this
process. Costs associated with the acquisition of a qualified and experienced arbitrator
should be offset by the efficiency with which the mediation effort is conducted.
Furthermore, information provided to Dynamac indicates that the arbitrator will require
confidential meetings with PRPs, a process difficult to execute under a subcontract with
subcontract reporting requirements.
Pursuant to FAR requirements, Dynamac developed a statement of work for the arbitrator
that includes a series of assumptions contained in the EPA SOW for this work assignment
and obtained from the technical scoping meeting conducted on March 5, 1997. Dynamac
developed a comprehensive evaluation criteria from which proposals will be evaluated,
pursuant to FAR requirements. Dynamac developed a list of professional
allocation/arbitration persons and organizations who have experience in negotiations
processes pertaining environmental law and regulation issues. Dynamac is soliciting
proposals from the identified arbitrators as a consultant to conduct the mediation activities
described in the EPA SOW.
Based on the proposals and the technical qualifications provided by the candidate
arbitrators, Dynamac will select an arbitrator to perform the tasks identified in the SOW.
Proposal review, arbitrator selection, and execution of the consulting agreement will be
conducted by the Dynamac Project Manager in Kansas City, a Dynamac employee in the
Chicago Office who is an attorney with ADR experience, and ADR counsel in Rockville.
Dynamac will attempt to ensure that the arbitrator selected will be able to competently
execute the tasks identified in the EPA SOW and minimize costs associated with this
Work Plan
West Lake Landfill
April 18, 1997
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CERCTA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
Alternative Dispute Resolution
Work Assignment No. CXl7023
process. Dynamac estimates that 12 hours per person will complete the selection task and
provide the final arbitrator recommendation.
LOE estimates for this task includes the effort necessary to identify arbitrators; develop the
solicitation for bids; review submitted bids for costs and qualifications; select an arbitrator;
and facilitate consultant agreement execution. Dynamac estimates include the following:
P-4 2 Hours:
P-3 24 Hours:
P-2 27 Hours:
Assist in the development and review of the statement of work and
review the consultant agreement by contracts personnel.
This includes drafting a detailed statement of work and deliverable
schedule for inclusion in the arbitrator solicitation, review of proposals
received from arbitrators, and selection of the arbitrator to perform
the work.
This includes drafting the solicitation for the arbitrator, mailing,
tracking and reviewing arbitrator responses, participation in the
selection process, and drafting and executing a consultant agreement
with a cost ceiling.
Dynamac Counsel: Consulting, 12 hours total for review of the solicitation and
participation in the selection and recommendation process.
Work Plan
West Lake Landfil1
April 18, 1997
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CERCLA Enforcement Support Setvices, Region VII
Contract No. 68-W4-0039
2.6 TASK 6: CONVENING ACTMTIES
Alternative Dispute Resolution
Work Assignment No. C07023
Pursuant to the requirements contained in the EPA statement of work for this work
assignment, Dynamac will, in conjunction with EPA, identify and contact the key parties
who have agreed to participate in this voluntary allocation process. Dynamac will determine
the following from each key party to this process:
1. What the perceived goals and objectives are for this process;
2. What format that each key party requests be used for the allocation process and any
format to which the key party would object; and
3. Whether or not each party will agree to continue with the voluntary allocation
process utilizing the third-party neutral allocator selected by the process described
in Section 2.5 of this work plan.
This process will be conducted in conjunction with allocator selection activities described
in Section 2.5 of this work plan to ensure that all parties agree to this process before the
final selection of an allocator. Dynamac is utilizing this approach to minimize costs should
one or more parties not agree to continue with the voluntary allocation.
EPA has provided Dynamac with a list of four key parties to this allocation process.
Dynamac anticipates that approximately two hours LOE will be necessary to contact and
discuss the items listed with each key party, and approximately two hours to complete a
Jetter report to EPA summarizing the results of the interviews and discussions. This task
will be performed by the Program Manager. Dynamac estimates include 10 Hours of P-3
time for this effort.
The deliverable for this task will be a briefing that identifies the responses of each key party
to the proposed allocation process and the desire of each party to participate in the process.
Arbitrator LOE for convening activities will be charged to this task. Dynamac estimates that a
maximum of 20 hours should be sufficient for this task.
Work Plan
West Lake Landfill
April 18, 1997
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CERCLA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
2.7 TASK 7: MEDIATION SUPPORT
Alternative Dispute Resolution
Work Assignment No. C07023
Dynamac will provide oversight and support for the arbitrator selected for this voluntary
allocation process. This support will include the following efforts and tasks:
1. Provide a liaison between the selected arbitrator and EPA for issues other than
scheduled deliverables. This liaison is necessary to limit direct contact between the
arbitrator and EPA for issues other than EPA’s participation in the allocation
process representing the orphan share. LOE for managing scheduled deliverables,
other than meeting summaries, is included in the Project Management section of this
work plan.
2. Provide support to the arbitrator in arranging for meeting facilities and ensuring that
meeting notices and agendas are distributed to key parties in a timely manner.
3. Provide support to the arbitrator in dealing with contract issues not identified in the
Project Management section of this work plan.
4. Review and comment on the arbitrator’s meeting summaries and forward the
information to the EPA W AM.
Dynamac anticipates that issues wiII arise that will require liaison between the arbitrator and
EPA that are not addressed in this work plan. LOE listed for liaison activities allows
Dynamac to be responsive to arbitrator requests for guidance for issues not addressed in
the SOW. Dynamac estimates that 10 hours LOE should be sufficient to provide liaison
activities and contract issue support to the arbitrator for the period of performance specified
in the work assignment form received on March 6, 1997.
Arbitrator hours for mediation activities will be charged to this task.
Work Plan
West Lake LandfilJ
April 18, 1997
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CERCLA Enforcement Support Seivices, Region VII
Contract No. 68-W4-0039
Alternative Dispute Resolution
Work Assignment No. C07023
3.0 DELIVERABLES AND SCHEDULE
Deliverables identified in the SOW, the technical scoping meeting, and described m
individual technical approach tasks in Section 2.0 are summarized below.
Table 3-1. Deliverables Schedule
I DELIVERABLE II SUBMITIAL DATE I
TASK 2: Work Plan/Cost Estimate
Work Plan/Cost Estimate April 7, 1997
COi Certification March 31, 1997
Cost Estimate, 1st Revision Within 5 working days of arbitrator
selection
Cost Estimate, 2nd Revision Within 5 working days of receipt of
arbitrator convening report and cost
estimate
TASK 7: Allocation Activity Support
Convening Activity Report
Final Allocation Report
Interim Reports/Briefings
Work Plan
West Lake Landfill
Within 10 working days of the conclusion
of convening activities
Within 15 working days of the
completion of allocation activities
As needed
April 18, 1997
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CERCLA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
Alternative Dispute Resolution
Work Assignment No. C07023
4.0 PERSONNEL
Dynamac has selected a work assignment staff based upon categories defined in the Region
VII ESS contract and appropriate to the nature of work in this Work Assignment. Key
Technical and Key Reports staff are those identified in the ESS Region VII contract. The
technical staff identified are available to provide support for this Work Assignment.
Additional or supplemental staff may be assigned to the Work Assignment to facilitate
meeting EPA deadlines. Supplemental staff will be assigned and managed to meet the
overall Work Assignment cost structure and will not increase expenditures, unless justified
by changes in the scope of work.
Table 4-1 provides a summary listing of the Dynamac staff who will provide support for this
Work Assignment. Resumes of these staff members are included in Attachment A.
Table 4-1. WORK ASSIGNMENT STAFF
NAME I LABOR I CATEGOR~
DYNAMAC CORPORATION
Biver, David P-4
Cummings, Alan P-3
Harris, Ron P-3
Luce, Judy P-2
Bishop, Annette P-2
Dekkar, Dave Consultant
Work Plan
West Lake Landfill
TITLE
NATURE OF SUPPORT
Contracts Manager.
Review of contractual procedures and
documents, COI database searches.
Program Manager.
Dynamac counsel, ADR experienced.
Key Reports Coordinator.
Contracts Specialist.
J.D., Professional Arbitrator
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CERCLA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
5.0 SUBCONTRACTING
Alternative Dispute Resolution
Work Assignment No. C07023
The statement of work for this work assignment specifies that a third-party neutral
arbitrator be selected to conduct the voluntary allocation process therein described. Since
Dynamac is a prime contractor for the EPA Region VII Enforcement Support Services
Contract and the pre-approved subcontractors for this contract either do not have a
professional arbitrator or have other EPA contracts, Dynamac will retain a professional
arbitrator as a consultant, as specified in Section 2.5 of this work plan, to ensure that the
arbitrator can function as a neutral third party to this process. The arbitrator will be
selected pursuant to the procedures contained in Section 2.5 of this work plan.
The statement of work for the subcontractor will contain the elements contained in Section
B of the EPA SOW, Convening Activities, and Section C, Allocation.
Additional professional services anticipated for this work assignment include professional
counsel with significant ADR experience for drafting the arbitrator solicitation and selecting
the final arbitrator candidate.
Consultant costs for the arbitrator are not included in the initial cost estimate for this work
assignment, since selection of other than a pre-approved subcontractor is a part of the initial
work assignment. Dynamac will submit a second cost estimate to EPA after proposal have
been received from the subcontractor solicitation process, and a third cost estimate upon
completion of convening activities.
Work Plan
West Lake Landfill
April 18, 1997
Page 16


CERCLA Enforcement Support Seivices, Region VII
Contract No. 68-W4-0039
Alternative Dispute Resolution
Work Assignment No. OJ7023
6.0 EXCEPTIONS TO THE WORK ASSIGNMENT OR ANTICIPATED DIFFICULTIES
The technical approach for this Work Assignment is based upon the SOW provided by EPA
and additional clarification and technical guidance provided during the March 5, 1997
technical scoping meeting. This Work Plan is based on assumptions and limitations which
were defined at the technical scoping meeting.
This Work Plan and subsequent Cost Estimate is based upon the following assumptions:
1. That the period of performance is not extended beyond July 31, 1997. If the POP
is extended, Project Management and Key Report functions will increase. These are
calculated on a monthly basis times the POP.
Work Plan
West Lake Landfill
April IS, 1997
Page 17







CERCLA Enforcement Support Seivices, Region VII
Contract No. 68-W4-0039
7.0 QUALITY ASSURANCE
Alternative Dispute Resolution
Work Assignment No. C07023
The Dynamac Quality Assurance/Quality Control (QNQC) Program Plan is incorporated
by reference into the contract governing this Work Assignment. The Work Assignment and
all subsequent activities and deliverables may be the subject of a random audit by the EPA
Contract QA Officer pursuant to the EPA QA Program Plan. If an audit is conducted, any
corrective action will be addressed in meetings with the key management staff of the ESS
contract.
All deliverables submitted under this Work Assignment are subject to the deliverable QA
review process described in Dynamac’s QA Program Plan.
Work Plan
West Lake Landfill
Apnl 18, 1997
Page 18



CERCLA Enforcement Support Services, Region VII
Contract No. 68-W4-0039
ATIACHMENT A
DIRECT LABOR MATRIX
Alternative Dispute Resolution
Work Assignment No. C07023




…._ /_ ,.,
DIRECT LABOR MATRIX
PERCENTAGES BY TASK AND P LEVEL
Work Assignment No. C07023
TASK
Task 1
Task2
Task3
Task 4
Tasks
Task 6
Task 7
WA Totals II
P-4
2
2
4
(2%)
Task 1: Project Management
Task 2: Work Plan Development
Task 3: Contract Required Key Reports
Task 4: Closeout
P-3
16
30
4
24
10
10
94
(55%)
TECHNICAL LABOR
LOE Hours
(Percent of Total Technical LOE)
P-2
6
24
4
27
63
(36%)
Consultant
12
12
(7%)
Task 5: Arbitrator Selection
Task 6: Convening Activities
Task 7: Mediation Support
0
TOTAL
18
(11%)
36
(21%)
24
(14%)
8
(5%)
53
(38%)
10
(6%)
10
(6%)
171
(100%)









…..

CERCLA Enforcement Support Services, Region VII
C’..ontract No. 68-W4-0039
ATIACHMENT B
RESUMES
Alternative Dispute Resolution
Work Assignment No. C07023




,Alan S. Cummings
Academic Qualifications: B.A., Liberal Arts, University of Missouri at Kansas City, 1992
Specialized Training: OSHA 40-Hour Hazardous Waste Site Health and Safety Training
OSHA 8-Hour Hazardous Waste Site Supervisor Training
Experience:
EPA 40-Hour Air Surveillance for Hazardous Materials (165.4)
NOAA 40-Hour Oil Spills in Riverine Environments
EPA 32-Hour Chemical Safety Audit (165.19)
EPA/NOAA 16-Hour CAMEO-II DOS
University of Missouri 16-Hour Hazardous Materials Incident Analysis
PVCC 48-Hour Chemistry of Hazardous Materials
PVCC 48-Hour Hazardous Materials Tactics
UPRR 16-Hour Introduction to Hazardous Materials Incident Response
MO DNR 4-Hour Recognition and Identification of Hazardous Materials
DOT 8-Hour HMT-181 Training and Certification
8-Hour Radiation Safety Course
8-Hour Environmental Law
American Red Cross First Aid and CPR
Program Manager, ESS 7, DYNAMAC Corp., 1995-Present.
Mr. Cummings is the program manager for the EPA Region 7 Enforcement Support Services
contract. He is responsible for providing technical leadership as well as ensuring compliance with
contract requirements. During his tenure, Mr. Cummings has conducted industrial surveys and
technical reviews for PRP searches and is a member of the EPA Region 7 chemical accident
investigation team that investigated the cause of a chemical explosion that occurred in Iowa in
1994.
Training Group Leader, Ecology and Environment, Inc., Region 7 TAT Contract, 1992-1995.
As the Training Group Leader, Mr. Cummings was responsible for managing 4 persons in that
TAT 7 Training Group. He has managed Superfund and CEPP projects, coordinated
multidisciplinary teams on concurrent projects, and tracked and reported on administrative and
financial issues. He also served as the project manager on CERCLA responses and removals.
In his capacity as Training Group Leader, Mr. Cummings was charged with managing TAT
planning support, task-based hazards analysis programs, training development and delivery
programs, the chemical safety audit program, review and recommendations for developing
environmental health and safety regulatory requirements, the regional TAT health and safety
program, and aII of the necessary coordination with Federal, state and local agencies as well as
the private sector. He managed all resources associated with this portion of the TAT contract.
As a project manager, Mr. Cummings was responsible for developing and reviewing all project
work plans and reports as well as conducting field supervision and management of these activities.
He conducted field work reviewed resultant data and reports, tracked project budgets and
schedules, and performed other miscellaneous contract administrative activities associated with his
position. As a manager of TAT programs, Mr. Cummings was responsible for the development
of more than 66 work plans and their associated cost estimates and supervised teams comprised
of diverse disciplines (engineers, industrial hygienists, fire fighters, scientists, hazardous waste
specialists). He was responsible for hiring, development, supervision and evaluation of his staff.

During the 1993 midwestem floods, Mr. Cummings performed and supervised ha:zardous
substance and oil recovery from land and rivers. He directed aerial and river reconnaissance
surveys, orphan container recovery operations, chemical field screening, and waste stream
sampling and bulking. He also provided contractor oversight, conducted hazardous waste storage
facility inspections and inspections for compliance with SARA Title III. He provided key safety
plan support for Des Moines River activities and Perryville, MO, activities through development,
evaluation, updating and training. During his time as Training Group Leader, Mr. Cummings also
managed the chemical emergency response to the Terra International chemical plant explosion in
Sergeant Bluff, IA. He managed and conducted around-the-clock air surveillance operations
documenting off site releases of anhydrous ammonia for public exposure evaluation. He worked
closely with EPA and the local incident commander providing potential exposure information and
recommendations for public safety. He entered the facility during the emergency phase of this
operation with EPA to assess other chemical storage tank integrity, secondary containment
integrity, and the location and condition of small containers. Mr. Cummings also assisted EPA
conduct a CEPP investigation to determine the cause of the explosion and develop
recommendations for preventing future similar occurrences.
Training Group Member, Ecology and Environment, Inc., Region 7 TAT Contract, 1988-1992.
As a Training Group Member under the TAT contract in Region 7, Mr. Cummings conducted 36
chemical safety audits in Region 7 as a project manager or an audit team member. These audits
involve evaluation of facility and corporate chemical risk management and accident prevention
programs and development of recommendations to improve facility and community emergency
response plans and preparedness. Local and state planning and response officials were requested
to participate in. the CSA process if facility management agreed. Mr. Cummings has also
developed and delivered custom training programs for state and local government agencies
pertaining to hazards identified at facilities being audited. In all cases, these programs were
developed and delivered in a cooperative effort with the audited facility.
Mr. Cummings has responded to 118 chemical and oil-related emergency responses during the 6
years that he worked on the TAT contract. These emergency responses included train
derailments, chemical plant explosions, significant chemical releases at facilities, in transportation,
and abandoned chemicals on public and private property. Mr. Cummings has proven both his
management and technical skills for dealing with emergency situations. He responded to an
explosion at the ChemTech facility in Kansas City, MO, to assess remaining bulk storage
containers in the tank farm where the explosion occurred and determine whether or not chemicals
were released. He responded to a request for assistance by the Kansas City, KS, Fire Department
where an unplacarded load of ammonium perchlorate had been involved in a truck fire in a
residential area. Mr. Cummings provided investigative support, technical assistance and detailed
documentation of site activities during the overpacking, transport, sampling, and detonation of
over 3,000 pounds of this Class 4 oxidizer in 22 deteriorating drums.
Mr. Cummings has managed or participated in over 15 CERCLA removal support activities at
several sites. At the Chemical Commodities site in Olathe, KS, he managed the emergency
response that led to the site assessment and managed the initial site assessment. Assessment
activities at the removal support sites included multi-media sampling and air monitoring for worker
health and safety and public exposure potential, structural integrity evaluations for structures on
the site, chemical field screening, and contingency planning. Mr. Cummings provided air
monitoring, contingency planning support, and multi-media sampling during the emergency
removal of a potentially shock-sensitive soil sterilant cylinder from a residential area in Fremont,
NE, to a remote quarry where the cylinder was intentionally detonated.
Mr. Cummings conducted several site investigations during six-plus years on the TAT contract.
He conducted multi-media sampling, supervised installation of monitoring wells, conducted air




..

monitoring activities with field instrumentation, and assisted in geophysical surveys. He
maintained detailed documentation of all activities and finding and forwarded that information to
EPA.
In addition to the chemical safety audits, Mr. Cummings assisted local emergency planning
committees (LEPCs) in Region 7 to develop hazards analysis programs, analyze impacts of
hai.ardous materials routing through major population centers, critique response and exercise
activities, and evaluate emergency plans, operating procedures, and training programs. Mr.
Cummings coordinated with state and local officials throughout the region to develop full-scale
hazardous materials simulations, table-top exercises, and small-scale response simulations.
Mr. Cummings researched, developed and presented over 308 hazardous material prevention and
emergency response training programs for Federal, state and local government organizations. He
developed much of the 240-Hour Hazardous Materials Technician training program for EPA
Region 7 and conducted 6 presentations of this comprehensive training program. Training
programs that Mr. Cummings has developed range from custom OSHA 8-Hour health and safety
refreshers to multi-day chemical accident prevention programs and include toxic air release
computer modeling training programs, a variety of response programs, and hazardous materials
management and accident prevention programs.
Gladstone, MO, Public Safety Department, 1971-1988.
During his 18 years with the Gladstone Department of Public Safety, Mr. Cummings held
progressively more responsible position in both fire and law enforcement activities that culminated
in 7 years as the commander of the fire division. He has commanded police patrol units, fire
suppression units, fire prevention and code enforcement units, and hazardous materials response
units. As fire division commander, Mr. Cummings managed an annual budget of $940,000, the
complexity of which is indicated by the budget’s consisting of 16 accounts. During this tenure,
he organized formal certification programs for all operational classifications and advance training
program requirements accordingly. Mr. Cummings participated in all contingency planning
activities for the city and headed several planning committees, as well as coordinating mutual aid
and state emergency planning coordination. He developed and implemented all budgets associated
with these programs and reported directly to the public safety director.
U. S. Amiy, 1968-1971.
Mr. Cummings served in the U. S. Army for three years. He was an instructor for the avionics
communication equipment repair course in Fort Gordon, GA. While assigned at ARADMAC in
Corpus Christi, TX, he assisted personnel from Frankford Arsenal develop and present basic
transistor theory and a basic transistor trouble shooting courses.








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