## [[Risk Action Plan]] ### [[Risk Description|Description]] Due to discovery of previously unidentified petroleum-contaminated soil during excavation for the new pump station foundation, there is a [[threat]] that hazardous material remediation may be required before construction can proceed, which may lead to significant cost increases, construction delays, and regulatory reporting requirements. > [!abstract]- Risk Analysis — Key Assumptions & Current Controls (click to expand) > > **Key Assumptions:** > - Phase I Environmental Site Assessment (ESA) conducted prior to contract award did not identify contamination in the pump station footprint area; contamination appears localized to approximately 200 cubic yards of soil at elevation 582.5 and below. > - The source of contamination is likely a former underground storage tank (UST) associated with historical site operations — records indicate a fueling station operated on the adjacent parcel prior to 1985. > - Contract allocates unforeseen site contamination risk to [[EPIC Water Authority]] as the Owner under the differing site conditions clause in [[EXHIBIT C - General Conditions]]. > - Remediation costs ($275,000) and schedule impact (3–4 weeks to Zone 3) will form the basis of the formal Change Order to [[EPIC Water Authority]]. > > **Current Controls:** Work stopped in affected area (Zone 3); contaminated soil stockpiled and covered per [[Mushroom Kingdom]] environmental requirements; temporary erosion and sediment controls in place per [[Section 01 57 00 Temporary Controls]]; unaffected construction zones proceeding on schedule. > [!abstract]- Sources of Information & References (click to expand) > > **Sources:** > - [[EXHIBIT C - General Conditions]] — differing site conditions clause establishing Owner responsibility for unforeseen contamination > - [[Section 01 57 00 Temporary Controls]] — requirements for soil stockpile containment, erosion control, and hazardous material handling during construction > > **Attachments:** > - None on file — laboratory reports to be attached upon receipt of final confirmation sampling results ### [[Risk Mitigation Strategy]] **TRANSFER** — Per the differing site conditions clause in [[EXHIBIT C - General Conditions]], unforeseen site contamination encountered during excavation is an Owner-responsible condition. The strategy is to: - Formally document the discovery, establish the contractual basis for Owner responsibility, and submit a Change Order to [[EPIC Water Authority]] for full recovery of remediation costs and schedule impact. - [[EPIC Water Authority]] has engaged an environmental consultant to develop and manage the remediation plan. [[Wario]] is managing soil stockpile and containment operations per [[Section 01 57 00 Temporary Controls]] to prevent secondary contamination spread. - [[Rosalina]] is coordinating [[Mushroom Kingdom]] regulatory notification and is tracking remediation plan approval status to minimize delay to construction restart. - [[Mario]] is preparing the formal Change Order documentation, including cost backup and time impact analysis, for submission to [[Princess Peach]] upon confirmation of remediation completion. ### Possible Additional Actions - Request [[Princess Peach]] authorize an interim payment for the containment and stockpile management costs incurred to date while the formal Change Order is being finalized — these costs are ongoing and uncontested. - Evaluate whether any other areas of the site warrant additional soil sampling given the proximity to the historical fueling area — proactive sampling now is less costly than discovering contamination during future excavation phases. - Coordinate with [[Wario]] on the confirmation sampling protocol to ensure laboratory turnaround times do not become the critical path to construction restart. ### Comments & Recommendations This risk has fully materialized into a documented differing site condition. The contractual path to recovery is clear — [[EXHIBIT C - General Conditions]] places this risk with [[EPIC Water Authority]], and the Phase I ESA's failure to identify the contamination supports the claim that this is genuinely unforeseen. The $275,000 remediation cost and 3–4 week schedule impact are significant but manageable. The greater risk is allowing the Change Order preparation to lag behind remediation completion — [[Mario]] should have the Change Order package substantially complete before [[Wario]] receives confirmation sampling clearance so it can be submitted immediately. [[Rosalina]]'s regulatory coordination is critical to schedule. [[Mushroom Kingdom]] remediation plan approval is the gating item for resuming Zone 3 excavation. Any delay in regulatory response should be documented and included in the schedule impact analysis submitted with the Change Order. ### Status - [ ] [[2026-02-12]] Environmental consultant submitted remediation plan to [[Mushroom Kingdom]]. Estimated remediation cost: $275,000. [[Princess Peach]] authorized emergency procurement for remediation contractor. ^status-2026-02-12 - 🟡 **Remediation Plan:** [[Mushroom Kingdom]] confirmed receipt; 10-business-day review period. Approval expected by approximately February 26. - 📎 **Lab Results:** Confirmed petroleum hydrocarbons (TPH) at 2,400 mg/kg — above [[Mushroom Kingdom]] residential cleanup criteria of 500 mg/kg. Contamination plume limited to approximately 200 cubic yards based on confirmatory borings. - [ ] [[2026-03-12]] 140 of estimated 200 cubic yards removed. Confirmation sampling scheduled for March 18. [[Mario]] preparing formal Change Order request for submission to [[Princess Peach]] upon remediation completion. ^status-2026-03-12 - ⚠️ **Remediation Progress:** 70% complete. [[Wario]] reports excavation proceeding within the expected plume boundary — no expansion of contamination footprint detected. - ⏳ **[[Unforeseen Site Contamination - Change Order Preparation|Change Order Preparation]]:** [[Mario]] preparing formal Change Order request for submission to [[Princess Peach]] upon remediation completion. Target submission: March 25 (one week after confirmation sampling). > [!abstract]- Status History (click to expand) > > - [x] [[2026-01-20]] 🔴 **Discovery:** Contaminated soil discovered at elevation 582.5 during pump station excavation. Work stopped in Zone 3. Soil samples sent to laboratory. Estimated 3–4 week delay to Zone 3 foundation work pending remediation. [[Mario]] notified [[Princess Peach]] per contract notice requirements. ^status-2026-01-20