ML19347F888
| ML19347F888 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 05/14/1981 |
| From: | Davisson M, Mattia M DAVISSON, M.T., NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML19347F887 | List: |
| References | |
| CON-FIN-B-7505, CON-NRC-03-81-092, CON-NRC-3-81-92 NUDOCS 8105260529 | |
| Download: ML19347F888 (11) | |
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Page 2 of 11 Article I - Statement of Work-A.
Background ar.'d Objective A construction permit (CP) for Bailly Nuclear Plant I was issued in 1974.
A CP extension is now required because construction is only about 1% complete and the 1974 CP has expired.
The plant was required to be supported on high-capacity, non-displacement piles.
The applicant started driving 140 ft. long steel H-piles and experienced difficulties.
Supplemental installation methods of pre-drilling and jetting were tried but these methods resulted in conditions unacceptable to the staff.
Subsequently, the applicant has proposed to drive shorter piles.
This proposal is being subjected to intensive review effort by the NRC staff and its consultants, partly on account of technical problems associated with the review of pile foundations, but also on account of strong intervention.
The short pile review effort was undertak'en by the staff with assistance from expert consultants (including Dr. M. T. Davisson).
When the magnitude of the review became too large for the geotechnical engineer-ir,g staff to handle, the Corps of Engineers (Detroit District) was contracted to provide primary review effort with the continuing assistance from the expert consultants.
The review is proceeding in this format and Office of. the Executive Legal Director (0 ELD) staff has advised the reviewers to prepare for Atomic Safety and Licensing Board (ASLB) hearings and Federal Appeal Court hearings on the acceptability of the short pile proposal and on the applicant's application for a CP extension.
~
The objective of this contract is to obtain the assistance of Dr. Davisson in the completion of the Bailly pile foundation review through the ASLB hearings, the Federal Appeal Court proceedings, and the actual pile installation work.
B.
Work Requirements Task 1 The contractor shall prepare a report identifying the significant issues reviewed by the contractor on the Bailly pile foundation from March 25,1978 to October 31, 1980.
The report shall summarize the contractor's evaluations, conclusions and recommendations made regarding these items, including the bases for these evaluations, conclusions and recommendations.
The report shall summarize the calculations performed and shall identify the literature references and any other bases used in the evaluations.
The report shall also contain a status of the items requiring further review.
Task 1 shall be completed before Task 2 is started.
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Task 2 The contractor shall evaluate the behavior of pile groups, the long term performance of the proposed foundation snd its b'ehavior under extreme environmental conditions, the Quality ?.ssurance/ Quality Check (QA/QC) for the pile installation, and other items requiring further review.
This assistance shall include attendance at meetings with the staff, other consultants, and the applicant, as directed by the project officer. Also, as necessary, perform analyses, and make visits to the site to observe the pile driving operations. As requested by the project officer, the contractor shall provide additional reports and updates of the report submitted under Task 1.
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It is estimated that four (4) reports will be required.
The content of these reports sall be as specified in Task 1.
Task 3 The contractor shall prepare written testimony and provide expert witnessing at the Advisory Committee on Reactor Safeguards (ACRS) meetings, ASLB hearings and Federal Appeal Court proceedings, as required to fulfill licensing objectives.
Article II - Level of Effort and Period of Performance The level of effort, is estimated at 40 man-days over a two year period of performance.
The period _of performance with respect to this contract shall commence on the effective date of this, contract through two (2) years thereafter.
Article III - Reporting Requirements 1.
The report requested under Task 1 shall be provided to the project officer with copies to J. P. Knight, L. Heller and O. Thompson of the Division of Engineering, liRR, and M. J. Mattia, Division of Contracts ADM.,
2.
The updated reports requested under Task 2 shall be provided to the project officer with copies to J. P. Knight, L. Heller and O. Thompson of the Division of Engineering,11RR, and M. J. Mattia, Division of Contracts, ADM.
3.
The written testimony prepared under Task 3 shall be submitted to the project officer with copies to L. Heller and 0. Thompson of the Division of Engineering, flRR, and M. J. Mattia, Division of Contracts ADM.
flote: All data, calculations, graphs, plots, computer runs, etc., developed exclusively under this contract become the property.of the flRC and will be delivered to the f4RC by the contractor.
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.I Pace 4 of 11 4.
A business letter report shall be provided when a billing voucher is submitted in accordance with Billing Instructions under Article XIV to the project officer with copies to J. P. Knight,-DE, and B. L. Grenier,- NRR, and the Contracting Officer, DC.
These reports wil1~contain:
- A summary of the efforts completed during the period;
- The amount of funds expended for manpower, telephone, printing, postage, and trave 1 during the period and cumulative to date;
- Any problems or delays encountered or anticipated.
Article IV - Meetings and Travel The contractor shall attend meetings and visit the locations to perform the work in Ar ticle I.
It is estimated that travel and meetings shall consist of the following:
2 ona-day meetings in Bethesda, Maryland 12 one-day visits to the Bailly Nuclear Plant Site in Porter County, Indiana 3 one-day ACRS meetings or ASLB hearings in Porter County, Indiana Three days at Federal Court proceedings in Washington, DC Article V - NRC Furnished Materials As deemed necessary by the project officer for performance of task, licensee submittals for review of the proposed pile foundation will be J,rnished under separate cover by the project officer.
Article Vi - Consideration A.
In full consideration of.the satisfactory performance.of. work ___.;-. -___.
called for hereunder, the Nuclear Regulatory Commission (NRC) shall pay the contractor the fixed rate of $560.00 per man-day.
The level of effort is estimated to be forty (40) man-days, therefore, total direct labor cost shall not exceed $22,400.00.
The labor category, hourly rate and ceiling hours are as follows:
Individual _
Fixed Hourly Billing Rate Ceiling Hours Dr. M. T. Davisson
$70.00 320 Consulting Engineer
- eje b of 11 t
fled Reimbursement to the contractor for performance of the work spt B.
in Article I herein shall not exceed.$28,555.00.
Under the terms of this labor-hour type contract, the contractor agrees that the work to be performed under Article I shall be
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. accomplished within the total ceiling hours (320) unless otherwise modified by the Contracting Officer.
for labor hours Any costs incurred in excess of $22,400.00 shall be borne by the Contractor.
For periods of travel as directed by the Contracting Offic D.
without the, prior approval of the Contracting Officer.
$ 5,155. 00 In accordance with Federal Travel Regulations, the contractor shall be reimbursed for the following reasonable domestic travel costs incurred directly and 'specifically in the performance of this contract and ac'cepted by the Contracting Officer:
Per diem shall be reimbursed at a daily rate not to exceed
$75.00 for travel to Bethesda, Maryland and Vashington, DC, ' ~ ~
1.
The and not to exceed $62.00 for travel to areas in Indiana.
per diem amount is comprised of lodging expenses, plus $23.00 for meals and miscellaneous expenses.
The cost of travel by privately ovned automobile and/or airplane s 2.
reimbursed at the rate of 22.5c per mile.
The cost of travel by rented automobile shall be reimbursed 3.
on a reasonable actual expense basis.
All common carrier travel reimbursable hereunder shall If not available, reim-4.
economy class rates when available.bursement vouchers w First-class air travel is not modations were not available.
authorized.
Receipts are required for common carrier transportation, lodging 5.
and miscellaneous it7 ems in excess of $15.00.
The expenses for long distance telephone charges, printing and post expenses not reflected in the hourly rate abov E.
The estimated amount for these costs incurred is establish
$1,000. 00.
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.~ Page 6 of 11 .e F.- h'hile the contractor shall be paid for each man-hour of performance, travel and telphone costs as provided for in paragraphs A, D and E. above, it is understood and agreed that the total amount to be paid to the contractor shall not exceed the ceiling amount of $28,555.00. Article VII - Overtime No overtime or double time will be used on the work without prior written approval of the Contracting Officer. ^~ ~~ ~~ ~ ~ Article 'VIII - Id&em~ ental Funding --.-m. Sufficient funds are not presen'.ly available to cover the 1. totality of work over the entire period ~of perf?iwance under this contract. Additional funds will.be alloted from time to time by contract redification up to the full estimated amount of the contract. k'hile it is the Government's intention to progressively fund this-contract up to the full estimated i amount over the entire period of performance, the Government will not be obligated to reir: burse the Contractor for costs in i excess of periodic cllotments, nor will the contractor be-obligated to continue performance in excess of amounts alloted. 2. The amount presently obligated for the performance of this _ _____ _ work is 5/,000.00. Article IX - Payments Payment shall be made in accordance with Clause 7 of the General Provisions l entitled, " Payments" and as follows upon the submission of properly certified ~ invoices or vouchers approved by the Contracting Officer: I L-- A. Time Rate 1. The amounts shall be computed by applying the appropriate time rate or rates set forth herein to the number of direct labor-l l hours of work performed. Fractional parts of an hour shall be payable on a-prorated basis. 2. . Invoices shall be prepared in sufficient detail to show the number of hours of work performed for each requirement set forth in Article I. 4 1 i P00ROR8NAL
Page 7 of 11 B. Payments by the Commission based on the foregoing provisions of this contract will be made as promptly as is reasonably practicable after submission to the Contracting Officer of vouchers and such other support'ing documents or evidence as the Contracting Officer may require. Said payments shall be tentative and subject to subsequent audit and adjustment to assure that payment is properly-effected in accordance with the provisions of this contract and the cost principles in FPR 1-15. The contractor shall substantiate vouchers by evidence of actual payment or such other substantiation approved by the Contracting Officer. At any time or time prior to final payment under this contract, the Contracting Officer may call for: an audit. of..the invoices or vouchers. and substantiating material as shall be deemed. necessary. Each payment therefore made shall be ~ subject.to reduction to the extent of amounts which are found by the Contracting Off.icer not to have been properly payable, and shall also be subject to reduction for overpayments, or to increase for underpayments, on preceding invoices or vouchers. The contractor shall be paid in accordance with the amounts computed by applying the appropriate time rate or rates set forth in Article VI - Consideration to the number of direct labor hours of work performed. Fractional parts of an hour shall be payable on a prorated basis. Payments will normally be made monthly, but may be varied by the Contracting Officer if conditions so warrant. Invoices shall be prepared in sufficient detail to si.ow the number of hours of work performed for each requirement. C. Financial Settlement. Prior to final payment under this contract, the contractor and each assignee under this contract whose assignment is in effect at the time of final payment under this contract shall execute and deliver: (a) An assignment to the Government in form and substance satis-factory to the Contract lng Officer of refunds, rebates, credits. or other amounts (including any interest thereon) properly ~~ allocable to cbsts for which the~ contractor' has been ~ reimbursed by the Government under this contract; and (b) A release discharging the Government, its officers, agents, and employees fram all liabilities, obligations, and claims, arising out of or under this contract, subject to the following exceptions: 1. Specified claims in stated amounts or in estimated amounts where the amounts are not susceptible of exact statement by the contractor;
Page 8 of 11 2. Claims, together with reasonable expenses incidental hereto, based upon liabilities of the contractor to third parties arising out of performance of this contract: Provided, that such claims are not known to the contractor on the date of the execution of the release: And provided further_, that the contractor gives notice of such claims in writing to the Contracting Officer not more than six (6) ' years after the date of the release or the date of any notice to the contractor that the Government is prepared to make. final payment, which ever is earlier; and Claims for reichursacent of costs (other 3. ment against patent liability), including reasonable expenses incidental thereto,. incurred by the contractor under the provisions of this contract relating to patents. T.he contractor agrees that any refund h the contractor, which arise under this ccntract and for whic h contractor has received reimburse:.ent, shall be paid by t e The contractor sh&11 execute contractor to the Coruaission. and deliver, at the time of and as a condition precedent to final payment under this contract, an assigt. ment to Cocaission of any sucha any interest thereon) in form and substance satisfactory to I the Cocmission. The contractor shall maintain current cost Nformat' ion adequate to reflect the cost of performing work Cost information. 4. l and shall prepare and furnish to the Govern h estimates of cost and information in support thereof as t e Contracting Officer may request. -. -.. The contractor sha11 keep and maintain records and books of account which shcw accurately, and in an adequate 5. Records. j manner, the basis for receiving compensation under thi's con-The contractor shall preserve said records and books i f of account for a period of three (3) years after the date o trac t. The Cocmission shall at final payment under this contract. a11 reasonable times, prior to and after the date of final l payment under this contract, have the right to examine a l i cake copies of such records and books. P00RORIGE l l
Page 9 of 11 Article X - My Personnel The personnel specified below is considered -to be essential to thePrio work being performed hereunder. to other programs, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact No diversion shall be made by the contractor without Provided, that the on the program. the written consent of the Contracting Officer: Contracting Officer may ratify in writing such oiversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. Dr. M. T. Davisson - Consulting Engineer Article XI - Technical Direction _ The following authorized representatives will represent the Government for the purpose of this contract: Dr. Owen Thompson (301)'492-8186 Technical Monitor: Mr. Genrge Lear (301) 492-8085 Project Officer: The Project Officer is responsible for: monitoring the Contractor's technical progress, in 1. the Contracting Officer changes in requirement; ~ interpreting the statement of work; 2. ~ performing technical evaluation as required; 3. performing the technical inspections and acceptances required 4. by this contract; and assisting the Contractor 'in_the. resolution of technical problems 5. encountered during performance. Within the purview of this authority, the Project Officer is authorize h to approve payment vouchers for supplies / services required unde The Contracting Officer is responsible for directing or in the negotiating any changes in terms, conditions, or amounts cited contract. contract. For guidance from the Project Officer to the Contractor to be vali it must: be consistent with the description of work set forth in this 1. contract; WhhedyM mM ^'*wdr +.AM"
Page 10 of 11 not constitute new assignment of vark or change of the expressed 2. terms, conditions, or specifications incorporated into this contract; not constitute a basis for an extension to the period of perform-3. ance or contract delivery schedule; and not constitute a basis for any increase in the contract price. 4. If the Contractor receives guidance from the Project Officer which the Contractor feels is not valid under the criteria cited above, If the Contractor shall immqdiately notify the Project Officer. the Project Officer and the Contractor are not able to resolve the questions within five days, the Contractor shall notify the Contracting Officer. Article XII - Inspection and Acceptance Acceptance of the services and reports to be delivered herein will be madt. by the Project Officer. Article XIIf-Billing Instructions Invoices shall b~e submitted ^in an. original and-four (4) copies-on--- the Contractor's letterhead, invoice, or on the Government's Standard Form. A. Form 1034,."Public Voucher for Purchases and Services Other Tha These forms are available from the U.S. and Continuation Form 1035. Government Printing Office, 710 North Capitol Street', N.W., !!ashington, DC 20801. Invoices shall be submitted in the form and number pec-Destination. B. scribad above in Paragraph A to the following address: U.S. Nuclear Regulatory ComAission Office of the Controller Division of Accounting; Attn: GOV /COM Accounts Section Inshington,DC 20555 ~
Page 11 of 11 C. Frequency. The contractor shall submit an invoice once each month unless expenditures are less than $2,000.00 during the interim of prior bi11 tng period. D. Content ' 1. Name and address to which pay. ment is to be sent -' 2. Voucher i 3. Date of Voucher Contract number and date Description of drticles or services, labor categories, applicable 4. 5. Detail hours worked by labor hourly rates, other costs incurred. category, total amount for each labor category, and total amount of voucher. 6. Indicate period covered by invoice.. General Provisions for Fixed Price Supply Contracts _ Article XIV Taevised 7/30/80) A. The contract shall be subject to the Fixed Price Supply Contract General Provisions, dated June 30, 1980, attached hereto, which incorporates the Standard Form 32 (Rev. 4-75 General Provisions, June 1976). FPR changes and llRC additions to Standard Form 32 General Provisions is further nodified as follows: 1. Clause flo. 33 entitled, " Preference for U.S. Flag Air Carriers" is deleted in its entirety. 2. Clause flo. 41 entitled, " Publication and Publicity is deleted in.its entirety. 3. The clause entitled, ? Audit," attached hereto and forming a part hereof, is 'added as Clause 110. 4 7f ".- - 4. 'The s.lause entitled, " Privacy Act," attached hereto and forming a part hereof, is added as Clause flo. 43. 4}}