BPM003931_Solicitation Requirements_Part 2.pdf

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Master Agreement AZ|CTR059035
Contract number
CTR059035
Issued by
Arizona

About this file

This is a Request for Proposal (RFP) from the Arizona Department of Environmental Quality (ADEQ) for a Statewide Emergency Response and Non-Emergency Environmental Services contract. The solicitation is issued under Arizona Revised Statutes and is open to multiple contractors, with the potential for use by approximately 1,246 eligible agencies throughout Arizona, including state departments, agencies, boards, and commissions. The contract will also be available to Co-Op Buyers, which includes Arizona political subdivisions, non-profit organizations, other state governments, federal government, and tribal nations.

The contract is for emergency and non-emergency environmental services, including response to hazardous substance releases, cleanup of wildcat dumps, spills, waste disposal, and other environmental remediation activities. It is structured as an indefinite delivery, indefinite quantity (ID/IQ) contract with a 24-month initial term and potential extensions up to five years total. Contractors will be responsible for responding to emergency situations within 15 minutes of notification, with personnel and equipment en route within one hour, and capable of reaching any point in Arizona within ten hours. The contract includes comprehensive insurance requirements, detailed performance metrics, and provisions for both emergency (less than 24 hours) and routine (greater than 24 hours) response scenarios. Pricing will be based on a price sheet with separate rates for emergency and routine services, and contractors may bid on one or both service categories.

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Other files

File Type Posted
2023-07-24_Emergency Environmental_CTR059035_GAUWP.pdf PDF
2023-07-24_Emergency_Environmental_CTR059035_GAUWP.pdf PDF
Addendum 1 ADEQ. Signed.pdf PDF
Attachment_D_Personnel_BPM003931.pdf PDF
Attachment_H_Confidential_BPM003931.pdf PDF
CTR059035_EmergencyEnvironmentalServices_Amendment__1_Extension_to_3.1.2025.pdf PDF
2022-07-24_Emergency Environmental_CTR059035_GAUWP.pdf PDF
2022-07-24_Emergency_Environmental_CTR059035_GAUWP.pdf PDF
Attachment_B_Org Profile_BPM003931.pdf PDF
Attachment_G_References_BPM003931.pdf PDF
Attachment_J_Exceptions_BPM003931.pdf PDF
Attachment_O_BPM003931.pdf PDF
CTR059035_EmergencyEnvironmentalServices_Amendment__3_Subcontractors.pdf PDF
Exhibit A_Sample Task Order Form.doc DOC document
Exhibit B_Vendor Performance Report.pdf PDF
Offer and Acceptance_BPM003931.pdf PDF
Attachment_E_Subs_BPM003931.pdf PDF
Attachment_F_Boycot_BPM003931.pdf PDF
Attachment_I_Conformance_BPM003931.pdf PDF
Attachment_K_Insurability_BPM003931.pdf PDF
Attachment_L_Experience_BPM003931.pdf PDF
CTR059035_EmergencyEnvironmentalServices_Amendment__2_Extension_to_3.1.2026.pdf PDF
2024-07-24_Emergency Environmental_CTR059035_GAUWP.pdf PDF
2025-07-24_Emergency Environmental_CTR059035_GAUWP.pdf PDF
Attachment_C_Method_BPM003931.pdf PDF
CTR059035 Offer and Acceptance EES BAFO.pdf PDF
CTR059035_EES_BAFO_Pricing.xlsx XLSX spreadsheet
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Text version

Request for Proposal Solicitation No. BPM003931

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

1110 W. Washington Street

Phoenix, AZ 85007

PART 2 of the Solicitation Documents

Template version 6.0 (28-JAN-2020)

Solicitation Summary

Page 1 of 58 2 A v a i l a b l e o n l i n e a t A P P . A Z . g o v

Section 1: Solicitation Summary

1.0 What the State Is Soliciting

The Arizona Department of Environmental Quality, Procurement Office division (the State), as authorized under A.R.S.§ 41-2501, is seeking to establish one or more contracts to provide Statewide Emergency Response and Non- Emergency Environmental Services. The State anticipates awarding multiple Contracts to begin providing services by a target date of March 2022.

Persons with Disabilities Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange for the accommodation.

OFFERORS SHOULD READ THE ENTIRE SOLICITATION CAREFULLY

2.0 How and When Proposals Are Due

Proposals will only be accepted online in “The State’s e-Procurement System” at https://app.az.gov until the “Bid/Offer Due Date” indicated in “The State’s e-Procurement System” for the Solicitation No. shown at the top of this page. Proposals must be in the State Procurement Office’s possession online no later than that deadline.

Submit technical inquiries about navigating and/or submitting proposals in the State’s e-Procurement System to the State’s e-Procurement System Help Desk:

• • by phone at (602) 542-7600, option 1; or

• • by email to app@azdoa.gov

LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in “The State’s e-Procurement System”.

3.0 Pre-Offer Conference

The State WILL NOT conduct a Pre-Offer Conference for this Solicitation

4.0 Inquiries

Any question related to this Request for Proposal shall be submitted utilizing the State’s “Discussions with Buyer” Tab in the e-procurement system. The Offeror shall not contact or ask questions of the department for which the requirement is being procured.

End of Section 1 https://procure.az.gov/bso/

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Table of Contents

Page 2 of 58 2 A v a i l a b l e o n l i n e a t : A P P . A Z . g o v

Section 2-A: Scope, Pricing and Terms and Conditions

Table of Contents

SECTION 2-A: Scope of Work

1.0 Introduction

2.0 Purpose and Background

3.0 Definitions

4.0 Scope Summary

5.0 Scope of Services

6.0 Health and Safety Program

7.0 Personal Protective Equipment

8.0 Other Required Equipment

9.0 Subcontractors

10.0 Specific Requirements

11.0 Performance Metrics

12.0 Personnel Job Classifications

13.0 Delivery / Service Area

14.0 General Requirements

15.0 Regulatory Requirements

16.0 Task Orders

17.0 Conflict of Interest

18.0 Title VI Non-Discrimination Assurances

SECTION 2-B: Pricing Document

SECTION 2-C: Special Terms and Conditions…………………………………………………………...……….……………………27

SECTION 2-D: Uniform Terms and Conditions

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

Template version 6.0 (28-JAN -2020)

SECTION 2-A: Scope of Work

Page 3 of 58 2 A v a i l a b l e o n l i n e a t A P P . A Z . g o v

SECTION 2-A: Scope of Work

1.0 Introduction

The Arizona Department of Environmental Quality (ADEQ), a Division on behalf of the State of Arizona (hereinafter referred to as the “State”) is responsible for administering Statewide Emergency Response and Non-Emergency

Environmental Services (hereinafter the “Program”) for all State departments, agencies, boards and commissions

(hereinafter referred to as “Eligible Agencies”). The Program is self-funded for all eligible participants under A.R.S.

§41-621.

The State is seeking proposals from qualified organizations to provide Emergency Response and Non-Emergency

Environmental Services for the State’s Program to assist the Eligible Agencies in administering and maintaining a comprehensive and cost-effective Program beginning March 2022.

2.0 Purpose and Background

2.1 This solicitation replaces the previous Emergency and Routine Response Services statewide contracts from solicitation ADEQ17-00007081.

2.2 There was approximately $ 1,696,091 total spend for the previous contracts.

2.3 The purpose of this solicitation is to provide Eligible Agencies a means to cope with environmental emergencies as specified in any Task Order issued under this contract and in the identification and implementation of corrective actions necessary to mitigate or eliminate the health and environmental dangers posed by hazardous substances and/or pollutants.

2.4 This is a multi-year, multi-task contract that may be utilized by other Eligible State Agencies as needed.

2.5 There are approximately 1,246 Eligible Agencies throughout the State.

2.5.1 https://spo.az.gov/programs/cooperative

2.6 It is the intent of this solicitation to award contracts to suppliers who have experience with performing

Emergency Response and Non-emergency Environmental Services. Any awarded contracts are not intended for consulting services.

3.0 Definitions

3.1 Emergency is defined as: any response executed less than 24 hours after a request

3.2 Routine is defined as: any response to the emergency action that is executed greater than 24 hours and as a follow-up to the Emergency Response

3.3 Non-Emergency Environmental Services (NEES) is defined: as environmental services that may or may not be recurring. The personnel and equipment necessary for this type of work require specialized training and skills meeting OSHA 1910 standards.

3.4 State on Scene Coordinator (SOSC)

3.5 State on Scene Coordinator Representative (SOSCR)

3.6 State Project Manager (SPM)

3.7 Permissible Exposure Limit (PEL)

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

Page 4 of 58 2

4.0 Scope Summary

4.1 Contractors may bid on one or both services, Emergency Response and/or Non-Emergency Environmental

Services.

4.2 Emergency Response and Routine Follow-Up to situations involving the release of hazardous substances and/or pollutants as defined in A.R. S. §Title 49 –201. Hazardous substances are produced, used, transported, stored, and disposed of statewide on a daily basis. The increasing use and transportation of hazardous substances will continue to raise the potential for incidents within the State of Arizona. A comprehensive and integrated approach to planning, preparedness, response and recovery from potential incidents involving hazardous substances and/or pollutants is necessary for the protection of the citizens of the State of Arizona. The State of Arizona must have the ability to efficiently and effectively respond to any threat which may affect the health and safety of its citizens and environment. When called to perform under this contract, the Contractor shall ensure the above stated purpose is satisfied.

4.3 Non-emergency environmental services such as, but not limited to:

4.3.1 cleaning up wildcat dumps

4.3.2 spills or releases

4.3.3 disposal of hazardous or regulated waste

4.3.4 abandonment of septic tanks

4.3.5 closure and maintenance of dry wells

4.3.6 transportation spills

4.3.7 Cleaning and servicing oil water separators

4.3.8 Tank cleaning

4.3.9 Site clean-ups where hazardous materials, waste or regulated materials are present

5.0 Scope of Services

5.1 Emergency Response Actions: Any response in which Contractor shall respond within 15 minutes of verbal notification for service from the Using Agency. An Emergency Response shall be executed less than 24 hours after notification by the Using Agency SOSC, SOSCR or SPM.

5.1.1 Routine Follow-up Actions: Any response to the emergency action that is executed 24 hours or more from the time of notification to the Contractor by the SOSC, SOSCR or

SPM. Routine Follow-Up actions are those actions required to ensure long-term health and safety of citizens and/or the environment following any Emergency Response

Service.

5.2 Non-Emergency Environmental Services (NEES): Any response in which the contractor shall respond to a scheduled project after forty-eight (48) hours or more from notification of request from a Using Agency. A written response from the contractor shall be provided and include a cost estimate and scheduling.

5.2.1 NEES service rates shall be listed separately on the Price Sheet, Attachment M.

5.3 The Contractor shall provide for the emergency and routine identification, characterization, removal, air monitoring and disposal of hazardous substances and/or pollutants including; but not limited to:

5.3.1 Hazardous materials

5.3.2 Hazardous wastes

5.3.3 Emissions and/or

5.3.4 Discharges released in any manner

5.4 The Contractor shall provide emergency response services to abate imminent health and environmental danger as determined by the Using Agency.

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

Page 5 of 58 2

5.5 Emergency and Routine service rates are listed in the Price Sheet. Regardless of the response time, a response may be priced as either emergency or routine if agreed upon by the SOSC, SOSCR or SPM at the time of the request.

5.6 Contractor shall list equipment and rates in the Price Sheet, Attachment M.

5.7 Contractor’s Services shall be used for assessment, air monitoring, identification, clean-up, removal, transportation, disposal of generated, abandoned, illegally dumped hazardous substances and/or pollutants or any release or threat of release in the State of Arizona, including Tribal Lands and the Colorado River.

5.8 The Contractor shall have the capability to efficiently, effectively and safely identify, characterize the extent of, remove, transport and properly dispose of hazardous wastes, hazardous substances and/or pollutants in various quantities

5.9 The Contractor shall agree that hazardous wastes, hazardous substances and/or pollutants may be, but are not limited to their definition under RCRA, CERCLA, OSHA, the CWA, any other applicable Federal or State law, and may include the following:

5.9.1 Any uncollected material on or under the surface of the ground, in or on a body of water, air emissions and in containers above ground, on the ground, underground or submerged in a body of water, or residual in a clandestine drug laboratory (UST investigation and remediation services are not included, unless requested by the SOSC or SOSCR).

5.10 The Contractor shall have the capability to provide environmental sampling analysis from an Arizona

Department of Health Services (ADHS) licensed laboratory. The Contractor shall document the laboratory’s license status for submitted samples. The Contractor shall also confirm that the laboratory is licensed to test for the contaminants of concern.

5.11 The Contractor shall have the capability to perform air monitoring for particulate readings of PM1, PM2.5, PM4, and PM10.

5.12 An SOSC or SOSCR will be assigned to each specific incident and the Contractor shall report directly to the

SOSC or SOSCR.

5.13 The Contractor shall have an adequate health and safety training program for employees working around all hazardous waste, hazardous substances and/or pollutant cleanups provided in OSHA 29 CFR Part 1910. All employees engaged under this contract shall have and provide proof of current certification during the evaluation phase of the solicitation process or upon request by the SOSC or SOSCR.

5.14 The Contractor shall take any response action, under the direction of the Using Agency, consistent with the terms and conditions of the contract and in accordance with the directions of the Task Order. Task Orders may be issued verbally and via email, but will be formalized in writing within a reasonable amount of time.

The Contractor shall provide personnel, labor, equipment and materials necessary to perform the requirements of the contract, which shall include the relevant areas of this Scope of Work, the approved

Method of Approach and Task Order.

5.15 When requested, the Contractor shall provide a written not to exceed assessment of the cost and a Method of Approach for each project based upon the not to exceed prices stated in this contract. The Contractor shall be required to complete all work outlined by the Method of Approach in accordance with the not to exceed cost.

5.16 The Using Agency shall not be unreasonable in allowing cost revisions in the event of unforeseen circumstances. If the SOSC or SOSCR determine that a revision to the original Method of Approach

(assigned tasks and/or cost) are necessary, written documentation detailing the task and schedule revisions, the reasons for such revisions and cost adjustment will be considered by the Using Agency.

5.17 The Contractor shall agree and understand that the SOSC or SOSCR shall have full and final authority for, but not limited to the following:

5.17.1 Determination of completion of each project;

5.17.2 Review of daily cost figures;

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

Page 6 of 58 2

5.17.3 Approval of sampling analyses plans containing field sampling plans and quality assurance project plans;

5.17.4 Review of test methods;

5.17.5 Approval of cleanup procedures;

5.17.6 Disapproval of the use of certain equipment, personnel, materials, services and/or procedures;

5.17.7 Hours of work and/or days of work;

5.17.8 Establishment of proper safety protocol;

5.17.9 Stopping work for safety, environmentally unsafe activities or procedures;

5.17.10 Approval of decontamination procedures;

5.17.11 Approval of disposal sites and treatment technologies for waste generated from cleanups;

5.17.12 The Contractor shall agree that the completion of a project shall be based upon removal and disposal of all hazardous substances and/or pollutants, as well as final site restoration as determined by the SOSC or SOSCR.

5.17.13 The completion of a project shall be at the convenience of the Using Agency, as determined by the SOSC or SOSCR.

5.18 The Using Agency may request, at their discretion, documentation to support any other personnel to insure these personnel possess the experience and expertise required for that personnel classification.

5.19 The Contractor shall submit upon request all copies of invoices for payment to the SOSC or SOSCR for review and approval.

5.20 The Contractor shall keep a complete record of all labor, equipment, materials and outside services expended in the performance of a project under this contract and shall include such records with the final invoice for payment.

5.21 The Contractor shall provide the daily cost for all goods and services to the SOSC or SOSCR, if requested.

5.22 The contractor shall agree and understand that the contract is not an exclusive contract and that the State of Arizona and/or Using Agencies reserve the right to remove any hazardous waste, hazardous substance and/or pollutant by any means necessary.

5.23 The Contractor shall assign qualified individuals to key positions.

5.24 All key personnel are to be identified within the Offeror’s Key Personnel document (Attachment D) and/or the Emergency Response Report. Once assigned to these positions under a project, key personnel shall not be removed or replaced without prior written notification to and approval by the SOSC or SOSCR. As applicable, the SOSC or SOSCR for each specific project shall review and approve the key personnel list as soon as possible, but no later than two (2) days after the project start date.

6.0 Health and Safety Program

6.1 The Contractor shall prepare and implement site-specific health and safety plans for appropriate places of work activity for its employees, subcontractors, subcontractor’s employees and authorized personnel.

6.2 The Contractor may also be required to provide site-specific health and safety training to Using Agency staff.

6.3 The Contractor shall provide upon request, for approval, any written traffic control plans to the SOSC or

SOSCR.

6.4 The Contractor shall have an existing health and safety program which shall comply with OSHA Reference

29 CFR 1910 and EPA commended standards (per CERCLA and/or RCRA), and shall include, but not limited to, the following:

6.4.1 Firms health and safety policies and responsibilities.

6.4.2 Key personnel and their health and safety responsibilities.

6.4.3 Employees’ responsibilities.

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

Page 7 of 58 2

6.4.4 Personal protective equipment capabilities, including respiratory protection programs.

6.4.5 Standard Operational Procedures (SOP) for safety and health.

6.4.6 Medical and exposure monitoring program for field personnel.

6.4.7 Health and safety program documentation and record keeping.

6.4.8 Site-specific Health and Safety plans – Each site-specific health and safety plan shall comply with Federal and State requirements (EPA, CERCLA, RCRA or other site safety plan format) and may include, but not be limited to, the following:

a. Identification of key personnel for the project, including: Specific assignment for the project and health and safety responsibilities.

b. Summary of risk assessment for the project, including: Threat to workers; Threat to nearby community (if applicable); Assessment of worker exposure; and Threat to the environment.

c. Air monitoring plan for the project, including: Ambient air quality; Assessment of community exposure (if applicable); Assessment of work exposure; and

Determination of acute exposure to hazardous wastes or hazardous substances while working on site.

d. Personal protective equipment selected for the project. Designate level of preparedness (i.e.) Level A, B, C, or D.

e. Written specific decontamination procedures for personnel and equipment.

f. Listing of general safe work practices for on-site activities.

g. Description of safety measures established for the site.

h. Area evacuation plan for employees, equipment and general populace.

i. Emergency response plans established for the project, including: On-site emergencies; Off-site emergencies; nearby community protection (if applicable);

and Medical response.

j. Worker training requirements for the project.

k. Medical surveillance program for key and field personnel including: Determination that workers can use respiratory protection (if applicable); Determination on physical condition to withstand stresses such as heat stress; specific biological monitoring of exposure conditions; and Documentation of the various elements of safety plan and site activities.

l. Environmental sampling procedures and instrumentation to be used, including methods of maintenance and calibration of monitoring and sampling equipment.

m. Confined space entry procedures.

7.0 Personal Protective Equipment:

7.1 Vapors, gases, and particulates from hazardous waste or hazardous substance response activities place response personnel at risk. For this reason, response personnel must wear appropriate personal protective clothing and equipment whenever they are near a site. The more that is known about the hazards at a release site, the easier it becomes to select personal protective equipment. There are four levels of personal protective equipment;

7.1.1 Level A provides for the greatest potential to exposure to hazardous conditions

7.1.2 Level B requires the highest level of respiratory protection with lesser levels of skin protection.

7.1.3 Level C is required when the concentration and type of airborne substances is known and the criteria for using air-purifying respirators is met. The main criterion for Level C is that atmospheric concentrations and other selection criteria permit wearing an air-purifying respirator.

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

Page 8 of 58 2

7.1.4 Level D being the minimum protection required.

7.2 The objective is to provide protection to a level of exposure below Permissible Exposure Limits (PELs) for known and suspected hazardous wastes, hazardous substances, and health hazards.

7.3 The Contractor shall provide appropriate and adequate personal protective equipment, including such items as respirators, rubber boots, disposable protective garments, gloves, etc. as required for PELs A-D for the responding personnel. The personal protective equipment shall protect employee from exposure to any harmful contaminants or physical or other hazards associated with the response.

7.4 The Contractor shall provide National Fire Protection Administration (NFPA) fire clothing, including head and boot gear.

7.5 The Contractor may be responsible for supplying personal safety clothing for the SOSC or SOSCR in emergency situations.

8.0 Other Required Equipment

8.1 Sampling equipment required to sample all environmental media including, but not limited to: air, groundwater, surface water, soil, stream sediment, solids and old liquids contained in drums or bulk storage containers, items, materials, surfaces and air in clandestine drug laboratories, etc. shall be available when responding.

8.2 Air monitoring equipment required to monitor dust particulate matter, organic vapor concentrations and explosive potential shall be available when responding.

8.3 Equipment and materials required to contain releases, neutralize spills, and containerize hazardous and solid wastes shall be available when responding.

8.4 Maintenance schedules and calibration documents for equipment used when responding shall be up-to-date and available for inspection by the Using Agency representative at the site or during normal working hours at the Contractor’s facility.

8.5 Site security equipment used to barricade or prohibit entrance into the site.

8.6 The Using Agency shall have the right to approve or disapprove of any equipment proposed for use by the

Contractor.

9.0 Subcontractors

9.1 A subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the work at the site. All subcontractors utilized on a project site must be listed in the Contractor’s Method of Approach and/or the Contractor’s Emergency Response Report. Once assigned to the project, subcontractors shall not be removed or replaced without prior written notification to and approval of the

SOSC or SOSCR. The SOSC or SOSCR for each specific project shall, when appropriate, review and approve the subcontractors list as soon as possible, but no later than two (2) days after the project start date.

9.2 The Contractor shall list all subcontractors used (including their qualifications), license, supplies and laboratories used for sample analysis. Additionally, the Contractor shall provide a list of transporters, storage, disposal facilities, cultural resource survey subcontractors and any miscellaneous rental equipment subcontractors (i.e.) fencing, barricades, etc. Exclusive ties to a disposal facility or other subcontractor shall be identified. All subcontractors are to be identified within the Contractor’s Method of Approach and/or

Emergency Response Report. The SOSC or SOSCR for each specific Task Order shall, when appropriate, review and approve the subcontractor list as soon as possible, but no later than, two (2) days after the Task

Order start date. The Contractor shall make any adjustments to the list as directed by the SOSC or SOSCR.

9.3 Administrative expenses for providing items such as insurance, bonds, travel, per diem and incidental supplies (e.g. office supplies, hardware supplies, petty cash, etc.), shall be considered an administrative expense and shall not be used in computing the subcontractor management mark-up.

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

Page 9 of 58 2

9.4 Subcontracted services include, but are not limited to, well drillers, laboratory services, Investigation

Derived Waste (IDW) containerization and transportation, utility locators, archaeologists, traffic control, equipment rentals, large material purchases and similar trade professions with the Using Agency’s advanced approval.

10.0 Specific Requirements

10.1 Emergency Response Time

Within fifteen (15) minutes of verbal notification for service from the Using Agency, the Contractor shall verbally respond to the Using Agency. Within one (1) hour of verbal notification for service from the Using

Agency, the Contractor’s emergency response equipment and personnel shall be enroute to the incident scene. At the request of the Using Agency, response equipment and personnel shall be capable of reaching any point in Arizona within ten (10) hours of the request. The Using Agency may designate a response as an emergency response for situations that result in a greater than twenty-four (24) hour response time.

10.2 Routine Response Time

Response to routing situations shall be based on availability of the Contractor. Routine billing rates shall be observed by the Contractor for these situations. Any response greater than twenty-four (24) hours from the time of notification to the Contractor, will be considered routine and shall be billed accordingly by the

Contractor. Situations that are designated as routine and are responded to in less than or equal to twenty-four (24) hours, shall be billed at the routine rate. In instances where the Contractor is unable to perform the response within seventy-two (72) hours, the Using Agency shall be informed of the potential delay as soon as possible.

10.3 Arriving On-Site

Upon arriving at the site, the Contractor shall communicate directly with the SOSC or SOSCR regarding the incident; record and preserve evidence; and conduct an initial survey. The survey shall include sufficient site-specific information with the incident to enable the Contractor to propose a Method of Approach to accomplish the project in the most effective, efficient and safe manner possible.

10.4 Media Contact

All media contact shall be referred to the SOSC or SOSCR.

10.5 Verbal Approval

10.5.1 The Contractor shall not begin response work until the SOSC or SOSCR has verbally approved the on-site Method of Approach. The Method of Approach shall define the types and quantities of response personnel, equipment, materials, subcontractors and any other pertinent items to be used to resolve the incident. The Contractor’s Method of

Approach shall state the estimated time of completion and cost to resolve the incident.

10.5.2 If free liquids or product have pooled upon a porous substrate or body of water, immediate action shall be taken to contain and collect such material. Upon approval from the SOSC or SOSCR, recovery of free product shall be carried out prior to the development of the on-site survey and Method of Approach.

10.5.3 Preserve and record evidence as directed by the SOSC or SOSCR.

10.6 On Scene Site Health and Safety Plan

10.6.1 Prior to performance of any work at the site, Contractor shall review a site-specific health and safety plan with all employees, subcontractor’s employees and other authorized personnel.

10.6.2 If time does not permit the development of a site-specific health and safety plan, the

Contractor may develop an on-scene “tailgate” site health and safety plan.

10.6.3 All Contractor and subcontractor personnel at the site shall review the health and safety plan and shall sign in and date acknowledging that they reviewed the health and safety plan prior to conducting any work at the site.

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

Page 10 of 58 2

10.7 Containment and Countermeasures

10.7.1 Defensive actions shall be taken to protect the public health, welfare and the environment, which may include, but not be limited to:

a. Sampling and analysis to determine the identity, source, extent of contamination and disposal options of the hazardous wastes, hazardous substances and/or pollutants.

b. Containing material at its source and preventing further acute flow, using absorbents or other materials to restrain the spread of the material, placing physical barriers to retard the spread of the material, constructing slurry trenches, earth moving, drum handling, containerizing and diverting surface water. This also includes countermeasures including controlling water discharge from upstream impoundments, providing alternative approved drinking water supplies on a temporary basis, security, recovery of product, measurement and abatement of hazardous vapors, transportation, storage and disposal of contaminated materials.

10.8 Abatement Activities

Clean up and mitigation actions shall be taken to recover the material from the affected media. These actions shall include whatever steps are necessary and have been approved by the SOSC or SOSCR and are in accordance with all applicable Federal, State and local laws and regulations.

10.9 Sampling and Analysis

10.9.1 Analytical activities shall be accomplished on a timely basis or through an on-site mobile laboratory to provide appropriate chemical and physical analysis. Written analytical results requiring the use of a fixed-base laboratory shall be reported on a timely basis of sample collection, unless otherwise directed by the SOSC or SOSCR.

10.9.2 At the discretion of the Using Agency, the Contractor shall provide a plan for the laboratory analysis of samples, including, but not limited to the following:

a. Sample labeling, preservation, and transportation procedures.

b. Name of the analytical laboratory.

c. Qualifications of laboratory personnel.

d. Laboratory certification and/or accreditation.

e. Methods of analysis available.

f. Quality assurance and quality control procedures.

g. Chain of custody

h. Laboratory reports – Copies of the laboratory report shall be delivered to the

Using Agency on a regular and timely basis after collection.

i. Laboratory report shall include the Arizona Department of Health Services license number.

j. Laboratory data verification and validation procedures.

10.10 In Undertaking Analysis of Samples, The Contractor Shall

10.10.1 Use safe handling procedures and generally accepted laboratory practices, (i.e.) proper sampling technique, sample preparation, preservation, holding times, etc. to prepare and analyze for the presence or absence of specific organic and inorganic compounds in gas, liquid and solid samples in accordance with:

a. EPA publication SW-846, Hazardous Waste Test Methods

b. Methods approved by the Arizona Department of Health Services

c. Other Federal methods upon approval of the SOSC, SOSCR or SPM

10.10.2 Document all the results and data. This data may be used by the Using Agency to determine the existence and extent of threats to the public and the environment posed by the release and in civil and/or criminal litigation of the responsible party which

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

Page 11 of 58 2 requires strict adherence to chain-of-custody protocol, document control and quality assurance and quality control procedures.

10.10.3 Provide all quality control and quality assurance data and other raw data as specified along with analytical reports to the Using Agency.

10.11 Material Identification/Haz-Cat Testing

Initial material identification field tests, such as “fingerprinting” or haz-cat testing shall be performed immediately for unknown materials and the results logged in field notes at the time of investigation.

10.12 Waste Profile Samples

All necessary sample analysis shall be performed to properly identify and profile the material(s) being disposed.

10.13 Confirming Samples

In a case where soil contamination has taken place, confirmatory sampling shall take place to assure that all the contaminated soil has been removed. The Arizona Soil Remediation Levels are the applicable standard for remediation goals involving contaminated soil. Proper sampling, methodology and handling are required to assure cleanup goals have been obtained. In a situation where a clandestine drug laboratory is contaminated to the extent remediation is required, the “Drug Laboratory Site Remediation Best Standards and Practices” (See A.A.C. R4-30-305) provide the applicable remediation clearance levels. Upon approval of the SOSC, SOSCR or SPM, all sampling and analysis techniques will be in accordance with:

a. SW-846

b. Methods approved by the Arizona Department of Health Services (or)

c. Other Federal methods

The Contractor shall determine the number and location of confirmatory samples to be taken.

10.14 Duplicate Samples

To assure compliance with regulatory statutes, at a minimum, three (3) samples and one (1) duplicate sample are required to be taken to confirm the Arizona Soil Remediation Levels have been achieved.

Additional duplicate samples will be required at a determined rate of one duplicate sample per ten (10) confirmation samples.

10.15 Sample Location Diagram

The Contractor shall be required to produce a diagram indicating the location, number, analysis and results of each sample point. Sample location diagrams shall include the size of excavation (length, width, and depth), the location and distance of the excavation in relation to fixed objects (i.e.), trees, buildings, etc., sample location points and analysis results. In the case of a clandestine drug laboratory, the Contractor shall implement the sampling procedures provided under the “Drug Laboratory Site Remediation Best Standards and Practices” (See A.A.C. R4-30-305).

10.16 Restoration

At the request of the SOSC or SOSCR, actions shall be taken to repair or replace items damaged by the response operations and to restore the damaged environment to as near pre-incident conditions as possible. Such actions may include, but not be limited to, soil replacement, backfill, compaction, grading, paving and re-vegetation and/or seeding.

10.17 Transportation

10.17.1 Transportation and removal of hazardous substance and/or pollutants from the site shall be provided by the Contractor. Proper shipping documents (i.e.) waste manifests, bills of lading, chain-of-custody forms, etc., shall be completed and signed by the applicable individuals (i.e.) transporter, generator, generator representative, etc., prior to removing any materials from the site for disposal or analysis.

10.17.2 Hazardous waste manifests shall be prepared and signed by the generator or the Using

Agency representative. If the Using Agency representative authorizes, the Contractor may prepare and sign the manifest.

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Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

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10.18 Storage and Disposal

10.18.1 The Contractor shall provide storage and disposal for all materials that require disposal.

Documentation shall be required to indicate that proper storage and disposal methods were attained. Submittals of disposal records (i.e.) Certificates of Disposal/Recycling, land disposal restriction forms, etc., are required to show that all materials were stored and disposed of properly.

10.18.2 In the event that disposal facilities impose a local or state tax on disposal, the Contractor shall pay the tax and invoice the Using Agency for the exact amount of the tax.

10.19 Cultural Resources Survey

10.19.1 Pursuant to A.R.S. §41 –864, the Land Managing Agency (LMA), SOSC or SOSCR shall notify the State Historical Preservation Office (SHPO) of the incident within forty eight

(48) hours. The notice shall request the SHPO’s opinion regarding the need for a Cultural

Resource Survey (CRS).

10.19.2 If the SHPO recommends to the LMA, SOSC or SOSCR that a CRS is warranted, the LMA, SOSC or SOSCR will notify the Contractor, who shall be responsible for ensuring that the

CRS is performed. The CRS may be done before, during or after the emergency response, as determined by the LMA, SOSC or SOSCR.

10.19.3 Within thirty (30) days of the completion of the CRS, the Contractor shall submit three (3) copies of the CRS Report to the LMA, who will transmit one (1) copy to the SHPO and one

(1) copy to the SOSC or SOSCR, if requested.

10.19.4 The Contractor shall make any revisions to the CRS Report that are deemed necessary by the LMA, SOSC or SOSCR, in consultation with the SHPO.

10.20 Reporting – Emergency Response Report

10.20.1 The Contractor shall be required to submit an Emergency Response (ER) Report specific for each emergency response. The Contractor shall submit the requested number of copies of the ER Report to the appropriate Using Agency. Each Using Agency may have specific requests of the Contractor in regards to each ER Report submitted (i.e.), number of draft reports (if any), number of final reports, additional materials to be included, etc.

10.20.2 Unless otherwise directed by the SOSC or SOSCR, the above required Report shall be submitted within thirty (30) days after the conclusion of field activities. Should the SOSC or SOSCR return the report with their comments, changes, etc., the Contractor shall appropriately address and/or correct the Report which shall be due back to the SOSC or

SOSCR within five (5) business days unless the SOSC or SOSCR allows more time.

10.20.3 The Report shall include all the data elements described below and maintain the order as indicated below, however the Contractor may reproduce the Report data elements. On to their own software, which should be in Microsoft Word or PDF format. Additionally, the Contractor shall provide an electronic version of the Report compatible with Using

Agency software. This may be accomplished by electronic mail. The contractor shall certify on the "Report" that all the information in or attached to the Report is complete and accurate to the best of the contractor's knowledge.

a. Contractor Information: Contractor's name, address, phone number, email, and

Contractor Task Order number;

b. Generator Information: Generator name, address, contact, task order number, phone number, and fax number;

c. SOSC or SOSCR Information: SOSC or SOSCR name, address, contact, task order number, phone number, and fax number;

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Arizona Department of

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SECTION 2-A: Scope of Work

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d. EIR Information: ER call received by, date, time, location of ER, County, Township, Range, Section, Global Positioning System, Latitude/Longitude, Universal

Transverse Mercator;

e. Incident Description:

✓ Scene Description: description of the scene upon arrival to the site, proximity to houses, schools, wells, surface water, washes, vegetation, current land use, related human/environmental exposures.

✓ Hazardous Waste, Hazardous Substances/Pollutants Involved: types of hazardous substance/pollutants involved in the incident. ·

✓ Chemical Hazards: flammability, corrosively, reactivity, toxicity characteristics, explosion risks, etc.

✓ Physical Hazards: flammability, corrosively, reactively, toxicity characteristics, explosion risks etc.

✓ Spill Dimensions: length, width and depth of spilled material.

✓ Contamination extent: room in a residence, apartment, RV, mobile home, shed, etc.

✓ Spill Quantity: estimate of amount spilled (gallons, pounds, kilograms, cubic yards, etc.).

✓ Responsible party information: carrier name, DOT#, vehicle description.

✓ Contamination Media: type of media that was contaminated (soil, concrete, asphalt, carpet, surfaces such as walls, kitchen top etc.).

Injuries Present: Individuals that were injured before, during or after the

ER took place that were directly involved with the response actions.

f. On Scene Information: List all Contractor personnel involved in the ER, time of arrival, time of departure, date of arrival, date of departure, name and title of

SOSC or SOSCR and other additional on-scene information.

g. Response Actions to Contain/Clean Up Substance/Pollutants/Remediate Site: Brief description of activities that took place to remediate the site, including soil removal, sampling activities, restoration activities, backfilling (source, amount, etc.), cleaning, demolition, washing, the applicable Arizona Soil Remediation

Levels (contaminant specific), and “Drug Laboratory Site Remediation Best

Standards and Practices” (See A.A.C. R4-30-305).

h. Equipment/Materials Being Used, PPE Involved and Vehicles: A list of all equipment, material, PPE and vehicles used during the response action.

i. Subcontractors Being Used: A list of all subcontractors involved with the response action and the service that was provided.

j. Materials Removed and Disposed from Site: List materials that were removed and disposed from the site, including drums, contaminated media, solid waste, etc.

k. Location and Method of Disposal/Recycling: Indicate the location of final disposal and methods that will be used for disposal (landfill, incineration, stabilization, recycling, etc.). All documentation related to transport and disposal (waste manifest, certificate of disposal, etc.) must be included in the report.

l. Drawing and/or Diagrams of EIR Scene (Site Map): Site map shall include North direction arrow, scale or distances, permanent reference points (buildings, trees, etc.), types of groundcover (soil, gravel, asphalt, concrete, etc.), locations of spills and/or drums, location of samples and depths, etc.

m. Laboratory Analysis Results, Chain-of-Custody Forms, Manifests, Bills of Lading

Forms, Land Disposal Restriction (LOR) Forms, Etc.

n. Minimum of three (3) maps including a site map and sample location map.

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

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o. Photographs directly related to the ER scene (before, during and after).

p. Site specific Health and Safety Plan.

q. Project specific Certificate of Insurance.

10.21 Direct Charge Expendables

The Contractor shall not direct charge expendables or other items that are normally part of their inventory, unless the item is specifically priced in the “Price Sheet” or approved by the Using Agency on a case by case basis.

10.21.1 For any individual Task Order which is of unusual magnitude or circumstances, the

Contractor may request the Using Agency to approve Direct Reimbursement of a specific item for that Task Order only.

11.0 Performance Metrics

11.1 As part of a Lean Management System, State agencies may measure the performance of the Contractor in the following areas for responses considered an Emergency:

11.1.1 Verbal Response within fifteen (15) minutes

11.1.2 Enroute within one (1) hour, from initial notification.

11.1.3 Arriving at response site within ten (10) hours, from initial notification.

12.0 Personnel Job Classifications

12.1 On-Scene Staff shall possess a minimum of 40 hours Hazardous Materials Operations training set forth under the Occupational Safety and Health Administration (OSHA) certification program as stated in OSHA

1910.120 and must complete the Federal Emergency Management Agency IS-I00, 200, 700 and 800. Additional job specific training and/or certifications deemed necessary by OSHA for specific tasks are also required such as

Confined Space Entry, Powered Industrial Truck, Lead and Asbestos worker, etc. The SOSC, SOSCR or requesting agency will review any additional training and/or certifications to ensure that the Technicians meet the OSHA requirements.

13.0 Delivery Service Area

13.1 Contractor shall deliver or perform Statewide, wherever Eligible Agency’s needs for the contracted services arise.

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

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14.0 General Requirements

14.1 Specific Laws: The Contractor agrees that all work authorized under the Task Orders must be performed in conformance with all applicable Federal, state, and local laws, regulations, and rules including, but not limited to the following: Comprehensive Environmental Response Compensation and Liability Act

(CERCLA) and Superfund Amendments and Reauthorization Act (SARA), and future Superfund authorizations as enacted by Congress, Occupational Safety and Health Act (OSHA), Resource

Conservation and Recovery Act (RCRA), Clean Water Act, Clean Air Act, Arizona Hazardous Waste

Management act, Used Oil Management Act, and Toxic Substance Control Act, Asbestos Hazard

Emergency Response Act (AHERA), 40 CFR Part 763, Subpart E and all statutory requirements included within A.R.S. § Title 49 - The Environment, and A.R.S. § Title 45 Waters.

14.2 Contractor’s Personnel:

Professional Staffing: Contractor agrees and understands that some work, when requested in the Task

Order SOW, may require the performance of a Professional Engineer (PE) and /or a Registered Geologist

(RG), registered in the State of Arizona and consistent with the applicable rules and by-laws of the

Arizona Board of Technical Registration. Plans, specifications, reports and other professional documents, as required by the Using Agency, must be sealed by such registered professional and must be acceptable to the Using Agency Project Manager or Project Coordinator in form, timeliness, contents and presentation. "All staff referenced must be currently employed by the vendor" to make the evaluation of the vendor accurate and better represented.

Regardless of position, role or duties, Contractor shall only assign personnel who are appropriately alert, fit, qualified, trained, and equipped for their assignments. Unless a particular Order specifies certain numbers of personnel, Contractor shall:

a. Provide adequate numbers of appropriately qualified and authorized personnel as necessary to carry out the Services successfully;

(a) Assign, at minimum, the key personnel identified in the Accepted Offer to the positions, roles, and/or duties indicated therein; and

b. Not remove or reassign any of those key personnel without State’s prior consent, which State may withhold at its discretion.

Description:

Statewide Emergency Response and Non-Emergency Environmental Services

Arizona Department of

Environmental Quality

SECTION 2-A: Scope of Work

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14.3 Required Monitoring and Reporting:

Vendor Performance Report (VPR) (Exhibit B) The Contractor shall perform all duties under this Contract in a manner acceptable to the Department. The using agency Project Manager also known as Contract Officer Representative will complete a VPR after completion of a Task Order or at the end of each Fiscal Year.

Additional Metric information may be added after contract award within the best interest of the state.

• The Contractor may be evaluated based on the following ratings and performance categories:

o Quality: Compliance with Contract Requirements; report accuracy; effectiveness of personnel; and technical excellence.

o Timeliness of Performance: Met interim milestones; reliability; responsive to technical direction; completed project on time; and met delivery schedules.

o Cost Control: Kept to the forecast within 20%, Utilize cost savings, adherence to the cost sheets, followed the State Travel guidelines and submitted change orders within allotted time.

o Business Relations: Effective management; reasonable/cooperative behavior;

responsive to Contract requirements; notification of problems; flexibility; and proactive versus reactive.

• Using Agency Project Manager completes a brief description of the Task Order requirements;

o Using Agency Project Manager Evaluates Contractor performance and assigns a rating for quality, cost control, timeliness of performance and business relations categories including a brief narrative for each rating if deemed appropriate.

o Forwards the VPR to the Contractor.

o The Contractor shall be granted 7 days from the date the Contractor’s receipt of the VPR to review and provide a response to the Using Agency Project Manager regarding the contents of the report.

• The Contractor reviews the VPR.

o The Contractor provides a response (if any) to the Using Agency Project Manager on company letterhead.

o The Contractor may submit comments, rebuttals (disagreements) or additional information to the Using Agency Project Manager that contest the VPR ratings.

o The Contractor completes Contractor representation information; and o The Contractor forwards the report to the Using Agency Project Manager within the designated timeframe.

o If the Contractor does not respond to the VPR within the designated timeframe, the specified ratings in the report are deemed appropriate for the evaluation. In this instance, the Using Agency Project Manager shall sign and file the VPR.

A VPR is considered complete only after the using agency Project Manager signs the report. The Using Agency Project Manager will provide a copy of the completed report to the Contractor.

15.0 Regulatory Requirements

15.1 Contractor agrees that all work authorized under a Task Order shall be performed in conformance with all applicable Federal, State, and local laws, regulations, and rules including, but not limited to the following:

15.1.1 Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

15.1.2 Superfund Amendments and Reauthorization Act (SARA) and future Superfund authorizations as enacted by Congress.

15.1.3 Occupational Safety and Health Act (OSHA)

15.1.4 Resource Conservation and Recovery Act (RCRA)

15.1.5 Clean Water Act

15.1.6 Clean Air…

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