Exhibit C Draft Statement of Work.pdf

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Attached to
Consulting Services for Site Assessment
Solicitation number
RFP FAAA 2026000268 1
Issued by
Denver County, Denver City, Colorado

About this file

Summary

This is a Draft Statement of Work (Exhibit C) for consulting services related to environmental site assessment activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), with the Colorado Department of Public Health and Environment (CDPHE) as the procuring agency and the U.S. Environmental Protection Agency (EPA) as the funding source through a cooperative agreement. The contractor will provide support for site assessment activities at known or suspected hazardous substance release sites throughout Colorado, including evaluation of site conditions, review of existing information, field activities, and preparation of technical documentation. Primary deliverables include quarterly reports, a Quality Assurance Project Plan (QAPP) addendum due within two months of contract start, Health and Safety Plans (HASPs) due within two weeks of tasking, Sampling and Analysis Plans (SAPs) due within one month of tasking, discovery effort reports due within three months of tasking, Pre-CERCLA Screening (PCS) reports due within two weeks of tasking, Preliminary Assessment (PA) reports due within one month of site access, and Site Inspection reports with Analytical Results Reports (ARRs) due within two months of receipt of analytical results. The contractor must conduct project management activities, including attendance at contract and project kickoff meetings, and must assign a dedicated Project Manager for oversight and communication.

Invoicing shall be submitted no later than forty-five calendar days after the end of each billing period using the CDPHE Reimbursement Invoice Form or the contractor's own invoice form, with final billings due within forty-five calendar days of contract expiration or termination. The contractor must comply with current EPA guidance documentation for all CERCLA-related activities and must ensure all workers wear appropriate personal protective equipment and maintain required safety certifications. Any modifications to the Statement of Work or direct costs exceeding twenty-five percent of the total budget require prior written approval from the State, with requests for budget modifications exceeding this threshold submitted at least ninety days prior to contract end. The State will conduct performance monitoring throughout the contract term and may exercise options to increase or decrease the maximum amount payable based on established rates, or extend the term for successive periods of one year or less, with the total contract duration not exceeding five years from the effective date without Chief Procurement Officer approval.

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Exhibit C

Draft Statement of Work

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

I. Entity Name: N/A

II. Project Description

This environmental/health project provides support for site assessment activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at sites with known or suspected releases of hazardous substances throughout the State of Colorado. Work conducted under this project may include evaluation of site conditions, review of existing information, field activities, and preparation of technical documentation to support understanding of environmental conditions. These efforts are intended to inform decision-making related to risk management and potential response actions. Funding is provided by the Colorado Department of Public Health and

Environment (CDPHE) through a cooperative agreement with the U.S.

Environmental Protection Agency (EPA).

III. Definitions:

A. ARR – Analytical Results Report

B. CERCLA - Comprehensive Environmental Response, Compensation, and Liability

Act

C. CLP – Contract Laboratory Program

D. CDPHE – Colorado Department of Public Health and Environment

E. EPA – U.S. Environmental Protection Agency

F. HASP – Health and Safety Plan

G. HMWMD – Hazardous Materials and Waste Management Division

H. HRS – Hazard Ranking System

I. PA – Preliminary Assessment

J. PCS – Pre-CERCLA Screening

K. PM – CDPHE Project Manager

L. QAPP – Quality Assurance Project Plan

M. QA/QC – Quality Assurance/Quality Control

N. SAP - Sampling and Analysis Plan

O. SI – Site Inspection

P. SOW – Statement of Work

IV. Work Plan

Program Goal #1: To improve the quality of the environment and public health for the citizens of Colorado by continuously improving efforts to conduct proper management of hazardous materials and waste.

Project Objective #1: No later than the expiration of the contract, support of site assessment projects shall occur.

Primary Activity #1: The Contractor shall conduct project management activities.

Primary Activity #1 Sub-Activities:

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

2. The Contractor shall attend a project kick off meeting with project team.

3. The Contractor shall develop quarterly reports.

Primary Activity #2: The Contractor shall conduct CERCLA assessments.

Primary Activity #2 Sub-Activities:

1. The Contractor shall develop an addendum to CDPHE’s Remediation Program

Quality Assurance Project Plan (QAPP).

2. The Contractor shall conduct pre-CERCLA assessments including the following:

a. Discovery efforts

b. Pre-CERCLA Screenings (PCSs)

3. The Contractor shall conduct CERCLA assessments including the following:

a. Preliminary Assessments (PAs)

b. Site Inspections (SIs)

c. Hazard Ranking System (HRS) evaluations

4. The Contractor shall develop the following site-specific documents for submittal:

a. Health and Safety Plans (HASP)

b. Sampling and Analysis Plans (SAP)

c. Discovery effort reports

d. Pre-CERCLA Screening reports

e. Preliminary Assessment reports

f. Site Inspection/Analytical Results Reports (ARRs)

g. Data validation reports

h. HRS evaluation reports

General 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 electronic documents and website content and information for changes to comply with all updates.

2. Contractor shall inform CDPHE of any nonfunctioning linked or incorporated hyperlinks, documents, or resources within ten (10) business days of discovery.

3. The CDPHE Project Manager will hold a contract kick off meeting within 30 days of executing this contract.

a. The CDPHE Project Manager will create minutes for the contract kick off meeting.

b. The CDPHE Project Manager will distribute minutes for the contract kick off meeting.

4. The Contractor shall submit all deliverables and correspondence to the CDPHE

Project Manager via email.

a. The CDPHE Project Manager will approve or request changes within ten

(10) business days.

b. The Contractor shall update any requested changes within ten (10) business days.

c. The Contractor shall submit requested changes to the CDPHE Project

Manager via email by the close of business on the tenth business day.

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

5. The Contractor shall provide quarterly reports to the CDPHE Project Manager.

a. Quarterly reports shall document:

i. Sites worked on during the quarter

ii. Activities conducted during the quarter

iii. Funds spent

iv. Deliverable approval dates

v. Issues encountered

vi. Activities anticipated during the next quarter

vii. Site photographs

6. The Contractor shall conduct CERCLA related activities in accordance with current and applicable EPA guidance documentation, including but not limited to the following:

a. Pre-CERCLA Screening Guidance (December 2016)

b. Guidance for Performing Preliminary Assessments Under CERCLA

c. Guidance for Performing Site Inspections Under CERCLA

d. Hazard Ranking System Guidance Manual

e. Contract Laboratory Program Guidance for Field Samplers

f. A Compendium of Superfund Field Operations Methods

g. Superfund CLP National Functional Guidelines for Data Review

7. The Contractor shall assign a dedicated Project Manager for oversight and communication.

8. The Contractor shall develop the following documents prior to conducting field work:

a. Health and Safety Plans (HASPs)

b. Sampling and Analysis Plans (SAPs)

9. The Contractor shall require all workers on project sites to wear the appropriate personal protective equipment.

10. The Contractor shall require all on-site staff and subcontractors to have required safety certifications.

a. The Contractor shall provide copies of certifications to the CDPHE

Project Manager upon request.

11. The Contractor shall report analytical data generated by the EPA Contract

Laboratory Program (CLP) or other CDPHE approved laboratories.

Expected Results of Activities:

1. CERCLA assessment activities completed in accordance with applicable EPA guidance.

2. Environmental data of known and documented quality suitable for use in

CERCLA decision-making.

3. Comprehensive site assessment reports that characterize site conditions, potential sources, release mechanisms, and receptors.

4. HRS evaluations sufficient to support screening and potential listing decisions.

5. Technically defensible recommendations to inform risk management and future response actions.

Measurement of Expected Results:

1. CDPHE-approved deliverables, including PCSs, PAs, SIs, HRS evaluations, and supporting technical reports.

2. Documentation of completed field activities, analytical results, and data usability in site assessment reports.

V. Deliverable Schedule:

Description: Due Date:

The Contractor shall submit quarterly reports to the CDPHE Project Manager via email.

No later than two weeks after the end of the EPA fiscal quarter

The Contractor shall submit a QAPP Addendum to the CDPHE Project Manager via email.

No later than 2 months after contract start

The Contractor shall submit HASP reports to the CDPHE Project Manager via email.

No later than two weeks after tasked

The Contractor shall submit SAP reports to the CDPHE Project Manager via email.

No later than 1 month after tasked

The Contractor shall submit Discovery Effort reports to the CDPHE Project Manager via email.

No later than 3 months after tasked

The Contractor shall submit PCS reports to the CDPHE Project Manager via email.

No later than 2 weeks after tasked

The Contractor shall submit PA reports to the CDPHE Project Manager via email.

No later than 1 month after access is provided

The Contractor shall submit SI reports to the CDPHE Project Manager via email.

No later than 2 months after receipt of analytical results

VI. Monitoring

CDPHE’s monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the CDPHE PM. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports 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.

VII. Resolution of Non-Compliance

The Contractor will be notified in writing within [insert number(##)] calendar days of discovery of a compliance issue(s). Within [insert number(##)] 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 timeline for completion will be documented in writing and agreed to by both parties. If extenuating circumstances arise that require an extension to the timeline, the Contractor must email a request to the [insert CDPHE Position Title of person to receive this request] and receive approval for a new due date. The State will oversee the completion and implementation of the agreed-upon action(s) to ensure timelines are met and the compliance issue(s) is resolved. Failure by the Contractor to diligently pursue the compliance resolution plan, or to reach an agreement with the State on such a plan, may result in the State exercising its rights under the provisions of the contract.

VIII. Additional Provisions

A. Invoicing Provisions

[Select the appropriate invoicing language and delete the other options or insert standard invoicing language for your division. Delete all text shown in brackets.]

[Entities using CDPHE reimbursement invoice form:]

To receive compensation under the Contract, the Contractor shall submit a signed

[Insert invoice frequency: Monthly, Quarterly, or other] CDPHE Reimbursement

Invoice Form. This form is accessible from the CDPHE internet website https://www.colorado.gov/pacific/cdphe/standardized-invoice-form-and-links and is incorporated and made part of this Contract by reference. CDPHE will provide technical assistance in accessing and completing the form. The CDPHE

Reimbursement Invoice Form and Expenditure Details page must be submitted no later than forty-five (45) calendar days after the end of the billing period for which services were rendered. Expenditures shall be in accordance with this Statement of Work and Budget.

[If you prefer to include all of the submission options listed below, include the following (mail, scan).]

The Contractor shall submit the invoice using one of the following methods:

[If you are limiting the option for submission to one method, delete the previous sentence, choose the appropriate paragraph below and delete those that do not apply.]

Mail to:

(Name & Position Title)

(Division & Program)

Colorado Department of Public Health and Environment

(Mail Code)

4300 Cherry Creek Drive South

Denver, Colorado 80246

Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document. Email the scanned invoice with the Excel workbook containing the Expenditure Details page to: (Name & Position Title), (Email address)

Final billings under the Contract must be received by the State within a reasonable time after the expiration or termination of the Contract; but in any event no later than forty-five (45) calendar days from the effective expiration or termination date of the Contract.

Unless otherwise provided for in the Contract, “Local Match”, if any, shall be included on all invoices as required by funding source.

The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency.

Contractor shall request prior approval in writing from the State for all modifications to the Statement of Work, or for any modification to the direct costs in excess of twenty-five percent (25%) of the total budget for direct costs, or for any modifications to the indirect cost rate. Any request for modifications to the

Budget in excess of twenty-five percent (25%) of the total budget for direct costs, or any modifications to indirect cost rates, shall be submitted to the State at least ninety (90) days prior to the end of the contract period and will require a modification in accordance with the provisions of this Contract.

[Entities using their own reimbursement invoice form:]

To receive compensation under the Contract, the Contractor shall submit a signed

Monthly, Quarterly, or other Invoice Form. The Invoice Form must be submitted no later than forty-five (45) calendar days after the end of the billing period for which services were rendered. Expenditures shall be in accordance with the

Statement of Work and Budget.

[If you prefer to include all of the submission options listed below, include the following (mail, scan).]

The Contractor shall submit the invoice using one of the methods listed below:

[If you are limiting the option for submission to one method, delete the previous sentence, choose the appropriate paragraph below and delete those that do not apply. Include the following paragraph if supporting documentation is required. Delete if it does not apply.]

The Contractor shall submit the following documentation with the completed invoice; [list your supporting documentation requirements here].

Mail to:

(Name & Position Title)

(Division & Program)

Colorado Department of Public Health and Environment

(Mail Code)

4300 Cherry Creek Drive South

Denver, Colorado 80246

Scan the completed and signed Invoice Form (and supporting documentation) into an electronic document. Email the Invoice form (and supporting documentation) to: (Name & Position Title), (Email address)

Final billings under the Contract must be received by the State within a reasonable time after the expiration or termination of the Contract; but in any event no later than forty-five (45) calendar days from the effective expiration or termination date of the Contract.

Contractor shall request prior approval in writing from the State for all modifications to the Statement of Work or for any modification to the direct costs in excess of twenty-five percent (25%) of the total budget for direct costs, or for any modifications to the indirect cost rate. Any request for modifications to the

Budget in excess of twenty-five percent (25%) of the total budget for direct costs, or any modifications to indirect cost rates, shall be submitted to the State at least ninety (90) days prior to the end of the contract period and will require a modification in accordance with the provisions of this contract.

B. Deliverable Acceptance Process

1. The Contractor shall coordinate and prioritize all work to ensure that all deliverables, due dates, and timelines are met.

2. The Contractor shall employ an internal quality control process to ensure that all deliverables are complete, accurate, easy to understand, and of high quality.

3. The Contractor shall provide deliverables that, at a minimum, are responsive to the relevant Standards and Requirements in the SOW, organized in a logical order, contain no spelling or grammatical errors, are formatted uniformly, and contain accurate information and correct calculations.

4. The Contractor shall maintain all work papers related to the development of all Deliverables for reference through the duration of the contract.

5. The Contractor shall provide, at no cost to the State, copies of any work papers or supporting documentation related to the development of any Deliverable within [insert number(##)] calendar days of request by the State.

6. The Contractor shall submit each Deliverable to the State by the specific due date for each Deliverable outlined in the Deliverable Schedule for review and approval.

7. Review - Unless specifically outlined elsewhere in the SOW, the State will have

[insert number(##)] calendar days from the date the deliverable is due to the

State by the Contractor to evaluate that Deliverable.

8. Notice - Unless specifically outlined elsewhere in the SOW, if the State, in its sole discretion, determines that a submitted Deliverable fails to meet the

Standards and Requirements or is otherwise deficient, the State will notify the

Contractor of the failure or deficiency within [insert number(##)] calendar days of the date the State becomes aware of the failure or deficiency.

9. Revision - Unless specifically outlined elsewhere in the SOW, the Contractor shall have [insert number(##)] calendar days from notice of a Deliverable’s failure or deficiency to revise the Deliverable and resubmit it to the State for review and approval.

10. The Contractor shall participate in the Deliverable review and revision process until the State provides written acceptance of the Deliverable.

11. At no time shall payment or partial payment for a Deliverable constitute acceptance of the Deliverable and excuse Contractor’s obligation to participate in the Deliverable review and revision process until such time as the State issues written acceptance of the Deliverable.

C. Health Insurance Portability and Accountability Act (HIPAA) Business Associate

Determination

The State has determined that this Contract [does/does not] constitute a Business

Associate relationship under HIPAA.

D. [If the contract template doesn’t include language to allow modification of quantities with an option letter, keep the following in the Additional

Provisions (if the template does include this language, delete this section; if your Agreement is on a Contract template (as opposed to a Grant template) replace the word “Agreement” in this clause with the word “Contract”):]

Option to Increase or Decrease Maximum Amount

The State has the Option to increase or decrease the statewide quantity of Goods and Services based upon the rates established in this Agreement and increase or decrease the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to [Grantee/Contractor] in a form substantially equivalent to the Sample Option Letter attached to this Agreement.

Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Agreement. The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in this Agreement.

E. [If the contract template doesn’t include language to allow for term extensions by Option Letter (specifically Interagency Short and Long Form, other templates usually include this language at Section 2.C by default) and your Program would like that ability, keep the following in the Additional

Provisions. If the template does already include this language, delete this section; if your Agreement is on a Contract template (as opposed to a

Grant/IA/IGA template) replace the word “Agreement” in this clause with the word “Contract”.

Option to Extend Term

The [Paying State Agency/State] at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of one year or less, at the same rates and under the same terms specified in the Agreement (each such period an

“Extension Term”). In order to exercise this option, the [Paying State

Agency/State] shall provide written notice to the [Select entity: Performing

State Agency/Grantee/Contractor] in a form substantially equivalent to the

Sample Option Letter[If the option Extend clause is used, the Sample Option letter Exhibit must be attached to the Agreement] attached to this

Agreement. The total duration of this Agreement, including the exercise of any options to extend, shall not exceed five years from its Effective Date absent prior approval from the Chief Procurement Officer in accordance with the

Colorado Procurement Code.

F. [Add program/divisional specific provisions, or delete.]

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