Exhibit C Draft Statement of Work Captain Jack .pdf

EXHIBIT B

11Choose an item.Click or tap here to enter text. Ver.2.15.24

STATEMENT OF WORK

To Original Contract Number Click or tap here to enter text.

These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.

I. Entity Name: Captain Jack Mill Superfund Site Operations and Maintenance

Term: 5 years

II. Project Description

This environmental project serves to remove hazardous substances from the environment through the operation and maintenance of the Captain Jack Mill Superfund Site (CJM). The Captain Jack Mill Superfund Site is located near Ward, Colorado and is listed for remediation pursuant to the Comprehensive Environmental Response Compensation and Liability Act (Superfund). CJM encompasses two reclaimed capped and consolidated surface waste cells, a subsurface in-tunnel water treatment system, which includes a flow through bulkhead in the Big Five Adit, conveyance, transfer, recirculation, and remote dosing systems, and a planned future external passive treatment system.

These remedy components were constructed to treat acid mine drainage and mining influenced water discharging from the Big Five Adit at the Captain Jack Mill Superfund Site, and are referenced in the Captain Jack Record of Decision dated September 31, 2008.

The Contractor shall implement site wide operations and maintenance activities across the entire CJM superfund site including reclaimed features, existing in-tunnel water treatment systems, and planned external passive systems. The contractor shall also evaluate and optimize the existing in-tunnel treatment system. In addition to these remedy components referenced above and in the CJM ROD, the Contractor shall mobilize and operate a temporary active water treatment plant, until all final remedy components are constructed and deemed operational and functional. The Contractor shall operate and maintain the site in a safe, effective and cost efficient manner, and shall develop and implement the plans and procedures necessary to achieve this goal.

Additionally, The Contractor shall assist CDPHE by implementing the mine pool and surface water monitoring network, collecting and evaluating environmental data, and providing technical support to evaluate environmental remedies applied to the CJM. The Contractor shall provide CDPHE with data to evaluate implemented remedies and to evaluate the effectiveness of day to day operations, and long term effectiveness of the remedy.

This project will benefit the citizens of Colorado by cleaning up and treating hazardous contamination of soil and water in Colorado’s environment. This will improve recreational opportunities in the immediate area and downstream of the CJM. The State of Colorado is funding this project because this project removes hazardous substances, including contaminated soil and water, from Colorado’s environment.

III. Definitions 1.

2. ARARs Applicable or Relevant and Appropriate Requirements

3. CDPHE Colorado Department of Public Health and Environment

4. CJM Captain Jack Mill

5. CMS Contract Master Schedule

6. DMP Data Management Plan

7. EAP Emergency Action Plan

8. EPA Environment Protection Agency

9. HSP Health and Safety Plan

10. OSHA Occupational Safety and Health Administration

11. QAPP Quality Assurance Project Plan

12. QA/QC Quality Assurance/Quality control

13. SAP Sample and Analysis Plan

14. SOP Standard Operating Procedure

IV. Work Plan

Goal #1: To protect the health and environment of Colorado residents.

Objective #1: No later than the expiration of this contract, mitigation of uncontrolled discharge of contaminated water from the Captain Jack Mill Superfund Site shall occur through the operation, maintenance, and optimization of the environmental remedy.

Primary Activity #1 The Contractor shall create site specific work plans.

Sub- Activity #1

1. The Contractor shall attend a CDPHE-contract kick off meeting.

2. The Contractor shall create a Contract Master Schedule (CMS) to plan and execute this project on time.

3. The Contractor shall create a Sampling and Analysis Plan and Quality Assurance Project Plan

(SAP/QAPP) for this project.

4. The Contractor shall create Standard Operating Procedures (SOPs).

5. The Contractor shall create a Health and Safety Plan (HSP), to ensure the safety of onsite workers and the environment.

6. The Contractor shall create an Operations and Maintenance Plan (OMP).

7. The Contractor shall create a Data Management Plan (DMP).

8. The Contractor shall update the CSM on a monthly basis or as needed.

9. The Contractor shall create an Emergency Action Plan (EAP).

10. The Contractor shall create a Transition Plan.

11. The Contractor shall attend meetings.

12. The Contractor shall create minutes for all meetings.

Primary Activity #2

The Contractor shall manage environmental data.

Sub- Activity #2

1. The Contractor shall conduct monthly mine pool sampling from the well monitoring network.

2. The Contractor shall conduct monthly surface water sampling from the monitoring network.

3. The Contractor shall conduct seep sampling as needed.

4. The Contractor shall conduct monthly sampling of site sources including key locations within the water treatment system.

5. The Contractor shall download data from data loggers and/or water quality probes.

6. The Contactor shall maintain data loggers and/or water quality probes (e.g. aquatrolls)

7. The Contractor shall replace data loggers and/or water quality probes as needed.

8. The Contractor shall perform data validation on the analytical results of all data collected from the site.

9. The Contractor shall add the new data into the Master Database.

10. The Contractor shall maintain the Master Database.

Primary Activity #3 The Contractor shall operate the (permanent) in-tunnel water treatment system and associated site features.

Sub- Activity #3

1. The contractor shall operate the in-tunnel treatment system including associated equipment

2. The contractor shall optimize the in-tunnel treatment system to reduce contaminants of concern discharging from the Big Five Adit.

3. The Contractor shall perform monthly inspections of the bulkhead in the Big Five Adit.

4. The Contractor shall perform inspections of all in-tunnel treatment systems features, including but not limited to:

a. PB1 Vault

b. Deep Well Monitoring Network

c. Recirculation System

d. Transfer System

e. Electro Resistivity System, if applicable

5. The Contractor shall remove waste, including periodic sludge removal from settling ponds, chemical disposal, site generated trash etc.

6. The contractor shall operate the future external passive or semi/passive treatment system if applicable.

7. The Contractor shall maintain the ability to continue operations in the event of an extended power outage.

8. The Contractor shall winterize the CJM in the fall prior to winter weather conditions.

Primary Activity #4 The Contractor shall optimize the (permanent) in-tunnel water treatment system and associated site features.

Sub- Activity #4

1. The Contractor shall create a treatability study / optimization work plan.

2. The Contractor shall optimize the in-tunnel treatment system to minimize discharge of contaminants of concern.

3. The Contractor shall optimize the in-tunnel treatment system to operate in a cost effective manner.

Primary Activity #5

The Contractor shall mobilize and operate a temporary active water treatment plant.

Sub- Activity #5

1. The Contractor shall mobilize a temporary water treatment plant.

2. The Contractor shall acquire all chemicals to operate the temporary water treatment plant.

3. The Contractor shall remove waste.

4. The Contractor shall properly dispose of all waste in accordance with local, state and federal rules and regulations.

5. The Contractor shall monitor process indicators.

6. The Contractor shall implement minor process changes to efficiently operate the treatment system.

7. The Contractor shall review the process control data.

8. The Contractor shall demobilize the temporary water treatment plant, if applicable.

Primary Activity #6 The Contractor shall maintain the site.

Sub- Activity #6

1. The Contractor shall maintain all structures.

2. The Contractor shall maintain offsite facilities.

3. The Contractor shall maintain site roads.

4. The Contractor shall maintain reclaimed features.

5. The Contractor shall address repairs to the CJM O&M features.

6. The Contractor shall perform maintenance for all systems at CJM.

7. The Contractor shall perform janitorial services, including maintaining a portable restroom.

8. The Contractor shall acquire all supplies to maintain the CJM.

9. The Contractor shall utilize a maintenance program to track maintenance work orders.

10. The Contractor shall maintain Site security.

11. The Contractor shall maintain satellite internet service at the site.

Primary Activity #7 The Contractor shall provide technical support.

Sub- Activity #7

1. The Contractor shall create monthly reports summarizing environmental data and operations to aid in site optimization and remedial decision making.

2. The Contractor shall create an Annual Monitoring Report.

3. The Contractor shall provide technical support to CDPHE for special projects, which could include, but are not limited to the following:

a. mine pool geochemical modeling

b. installation of monitoring wells to intercept mine workings

c. conduct additional surveying

d. conduct tracer studies

e. five year review data analysis

f. generate use attainability assessments

g. generate record of decision amendments

h. generate technical impracticability waiver

i. coordination with the State Engineers Office

i. The Contractor shall create special project proposals for any special projects.

Primary Activity #8 The Contractor shall perform transition services to transfer operations of the Captain Jack Mill Superfund Site.

Sub- Activity #8

1. The Contractor shall perform transition services at contract termination.

Standards and Requirements

1. The content of electronic documents located on CDPHE and non-CDPHE websites and information contained on CDPHE and non-CDPHE websites may be updated periodically during the contract term. The contractor shall monitor documents and website content for updates and comply with all updates.

2. The Contractor shall attend a kick off meeting no later than 60 days following the execution of the contract.

3. The Contractor shall submit all deliverables to the CDPHE CJM Project Manager via email.

a. The CDPHE CJM Project Manager will approve the deliverable or request changes within 30 calendar days.

b. The Contractor shall update the deliverable to include any requested changes within 14 calendar days.

c. The Contractor shall submit the updated deliverable to the CDPHE CJM Project

Manager by the close of business on the 14th day following the receipt of requested changes from the CDPHE CJM Project Manager.

d. The CDPHE CJM Project Manager may approve extensions to the Contractor’s deliverables schedule via email for extenuating circumstances.

4. The Contractor shall be permitted to use existing documents to develop the deliverables required for this project. The CDPHE Project Manager will supply the Contractor with the existing documents.

5. The Contractor shall maintain current Occupational Safety and Health Administration training per the Hazardous Waste Operations and Emergency Response (HAZWOPER) standards for all staff working at the CJM.

a. HAZWOPER information is available on the OSHA website at:

https://www.osha.gov/SLTC/emergencypreparedness/hazwoper/ and is incorporated and made part of this contract by reference.

6. The Contractor shall create a CMS including the following, at a minimum;

a. specific start dates for each activity

b. specific end dates for each activity

c. specific due dates for deliverables

7. The Contractor shall include the following, at a minimum in an OMP:

a. Description of facilities

b. Staffing

c. Training

d. Scheduling

e. On-call operator duties

f. Identification of routine subcontractors

g. Start-up procedures

h. Shutdown operating procedures

i. Routine operations

j. Process control sampling

k. Records management, including samples of:

i. Checklists

ii. Daily log sheets

iii. Chemical inventory sheets

iv. Work orders

l. System settings and alarms list

m. Housekeeping standard definitions

n. Planned maintenance program

o. Asset list

p. List of critical spare parts

q. Contact information for equipment repair and supply vendors https://www.osha.gov/SLTC/emergencypreparedness/hazwoper/ https://www.osha.gov/SLTC/emergencypreparedness/hazwoper/

r. Maintenance of facilities, including at a minimum;

i. mechanical

ii. electrical

iii. heating and ventilation

iv. process equipment

v. instrumentation and controls

vi. piping

8. The Contractor shall include the following, at a minimum, in the site specific HSP.

a. Description of work to be completed

b. Personnel, including roles and responsibilities in safety

c. Activity hazard analysis procedures

d. Underground/mine entry procedures

e. Confined space entry procedures

f. Lock out-tag out procedures

g. Hazard communication

h. Requirements for Personal Protective Equipment

i. Emergency response

j. Spill prevention

k. Potential physical and chemical hazards

l. The HSP shall comply with the requirements of the Occupational Safety and Health Administration (OSHA) Standards 29 CFR Part 1910.120. This information is located on the OSHA website at:

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id= 9765 incorporated and made part of this contract by reference.

m. The HSP shall be signed by the designated Health and Safety Officer.

9. The Contractor’s SAP/QAPP shall comply with the US Environmental Protection Agency’s (EPA) Guidance on Systematic Planning Using the Data Quality Objectives Process, EPA QA/G- 4, February 2006, Requirements for Quality Assurance Project Plans, EPA QA/R-5, March 2001, and Guidance for Quality Assurance Project Plans, EPA QA/G-5, December 2002.

a. This information is located on the EPA website at:

https://www.epa.gov/quality/guidance-systematic-planning-using-data-quality-objectives-process-epa-qag-4, https://www.epa.gov/quality/epa-qar-5-epa-requirements-quality-assurance-project-plans, and at https://www.epa.gov/quality/guidance-quality-assurance-project-plans-epa-qag-5, incorporated and made part of the contract by reference.

b. The SAP/QAPP shall include the following, at a minimum:

i. Project objectives

ii. Roles and responsibilities of individuals

iii. Training

iv. Sample location

v. Sample type

vi. Sampling frequency

vii. Analytical methods

viii. Detection limits

ix. Field methods

x. Field procedures https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9765 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9765 https://www.epa.gov/quality/guidance-systematic-planning-using-data-quality-objectives-process-epa-qag-4 https://www.epa.gov/quality/guidance-systematic-planning-using-data-quality-objectives-process-epa-qag-4 https://www.epa.gov/quality/epa-qar-5-epa-requirements-quality-assurance-project-plans https://www.epa.gov/quality/guidance-quality-assurance-project-plans-epa-qag-5

xi. Sample containers

xii. Sample preservation

xiii. Sample documentation

xiv. Packaging

xv. Shipping

xvi. Data quality assessment

xvii. Reporting

xviii. Corrective actions

10. The Contractor’s SOPs shall comply with the US Environmental Protection Agency’s Guidance for Preparing Standard Operating Procedures (SOPs), EPA QA/G-6, April 2007. This information is located on the OSHA website https://www.epa.gov/sites/production/files/2015- 06/documents/g6-final.pdf, incorporated and made part of this contract by reference.

a. SOPs shall supplement equipment manuals and serve as the basis for training staff.

b. SOPs shall be in sufficient detail that the procedure can be performed in an accurate and reliable manner.

11. The Contractor’s EAP shall include, at a minimum:

a. Contractor organization chart

b. Employee call down list

c. External notification flow charts

d. Vendor and subcontractor contact information

e. Response during weekends, holidays and after hours

f. Response during adverse weather conditions

g. Communication with public and press

h. Post emergency report template

12. The Contractor shall create a Data Management Plan including the following, at a minimum:

a. Data security,

b. Data backup

c. Data disaster recovery,

d. Collection of Contractor data,

e. Data supplied by others,

f. Validation,

g. Inclusion in the site database,

h. File transfer services, and

i. Distribution of data upon CDPHE request.

13. The Contractor’s transition plan shall include at a minimum:

a. Contractor organization chart

b. Employee call down list

c. External notification flow charts

d. Vendor and subcontractor contact information

e. Response during weekends, holidays and after hours

f. Response during adverse weather conditions

g. Communication with public and press

h. Post emergency report template

14. The Contractor shall perform transition services at contract termination to include, at a minimum:

a. List of training

b. Checklist of facilities

c. Instructions for obtaining existing records and documentation https://www.epa.gov/sites/production/files/2015-06/documents/g6-final.pdf https://www.epa.gov/sites/production/files/2015-06/documents/g6-final.pdf

15. The Contractor shall perform transition services at contract termination to include, at a minimum:

a. 30 calendar days of onsite training provide to a new contractor

b. Transmit all project records to the new contractor

c. Transfer CJM property to new contractor

16. The Contractor shall create meeting minutes following meetings conducted in person. The Contractor shall include the following, at a minimum:

a. list of action items

b. due dates

c. responsible entity for each action item

17. The Contractor shall create an Annual Monitoring Report that compiles and interprets the following data, at a minimum:

a. Surface water data

b. Groundwater data

c. Mine pool data

d. Environmental data

e. Water treatment system operational data,

f. Meteorological data (if applicable)

g. Data collected by other stakeholders (if applicable)

h. Site inspection results

i. Data interpretation

i. Data interpretation shall include maturation of the reclamation activities, including the following, at a minimum:

1. Metals from the discharge from the Big Five Adit

2. Metals loading to Left Hand Creek

3. Comparison of water quality at discharge from the Big Five Adit to remediation goals,

4. Comparison of water quality in Left Hand Creek to remediation goals

5. Effectiveness of the in-tunnel treatment system

6. Effect of mine pool releases on site water quality

ii. Data included in the Annual Monitoring Report shall be presented in summary, narrative, tabular and graphical format, including, at a minimum

18. The Contractor shall create monthly contract status reports with the following, at a minimum:

a. document work performed during the previous month

b. provide an early identification of any issues

c. indicate upcoming activities and events

d. include an updated CMS (if applicable)

e. include a monthly invoice which details:

i. current expenditures

ii. cumulative expenditures

iii. budget remaining

19. The Contractor shall complete special projects that are pre-approved by the CDPHE Project Manager.

a. To obtain pre-approval, The Contractor shall prepare a special projects proposal, with the following, at a minimum:

i. a detailed work proposal

ii. a cost proposal

iii. schedule for completion

b. Upon written authorization by the CDPHE Project Manager, the Contractor shall proceed with the special project.

Expected Results of Activity(s)

1. The Captain Jack Mill Superfund Site will be operated in a safe, effective, and cost efficient manner.

2. The Captain Jack Mill Superfund Site infrastructure and remedial features will be maintained in a safe, effective, and cost efficient manner.

3. CDPHE will have data to evaluate remedies implemented at CJM.

4. Contaminants leaving CJM will be minimized.

Measurement of Expected Results

1. Data in the CMS

2. Data in the SAP/QAPP

3. Data in SOPs

4. Data in the HSP

5. Data in the Data Management Plan

6. Data in meeting minutes

7. Data in the Annual Monitoring Report

8. Data in monthly contract status reports

9. Data in the the Operation, Monitoring and Maintenance Plan

10. Data in special project proposals

Deliverables

Description Completion Date

1. The Contractor shall submit the CMS via email to the CDPHE Project Manager.

No later than 30 days following the execution of the contract.

2. The Contractor shall submit the SAP/QAPP via email to the CDPHE Project Manager.

No later than 60 days following the execution of the contract.

3. The Contractor shall submit the SOPs via email to the CDPHE Project Manager.

No later than 60 days following the execution of the contract.

4. The Contractor shall submit the HSP via email to the CDPHE Project Manager.

No later than 30 days following the execution of the contract.

5. The Contractor shall submit the OMP via email to the CDPHE Project Manager.

No later than 90 days following the execution of the contract.

6. The Contractor shall submit the DMP via email to the CDPHE Project Manager.

No later than 60 days following the execution of the contract.

7. The Contractor shall submit the EAP via email to the CDPHE Project Manager.

No later than 90 days following the execution of the contract.

Description Completion Date

8. The Contractor shall submit the Transition

Plan via email to the CDPHE Project Manager.

No later than three months prior to the expiration of the contract

9. The Contractor shall submit the Optimization Work Plan via email to the CDPHE Project Manager.

No later than 90 days following the execution of the contract.

10. The Contractor shall submit the Annual Report via email to the CDPHE Project Manager.

No later than January 31 of each year.

11. The Contractor shall submit the Monthly Reports via email to the CDPHE Project Manager.

No later than 30 days after the end of the monthly reporting period.

12. The Contractor shall submit special project proposals via email to the CDPHE Project Manager.

As requested by the CDPHE Project Manager.

13. The Contractor shall submit meeting minutes via email to the CDPHE Project Manager.

No later than one week following the meeting.

V. Monitoring CDPHE’s monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the Captain Jack Mill Superfund Site Project Manager.

Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports, other reporting detailed in the SOW, and other fiscal and programmatic documentation as applicable. The Contractor’s performance will be evaluated at set intervals and communicated to the Contractor. A Final Contractor Performance Evaluation will be conducted at the end of the life of the contract.

VI. Resolution of Non-Compliance The Contractor will be notified in writing within 14 calendar days of discovery of a compliance issue.

Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and time line for completion will be documented in writing and agreed to by both parties. If extenuating circumstances arise that requires an extension to the time line, the Contractor must email a request to the CDPHE Project Manager and receive approval for a new due date. The State will oversee the completion/implementation of the action(s) to ensure time lines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the provisions of this contract.

STATEMENT OF WORK