RFP 50009_Exhibit A - Scope of Work.pdf

EXHIBIT A

SCOPE OF WORK

Environmental Services

The Division of Environmental Quality, an agency within DDPHE, retains full authority to manage, oversee, and enforce compliance with all activities under this scope of work.

AGENCY MANAGED CITY-WIDE MASTER ENVIRONMENTAL AND ASBESTOS CONSULTING SERVICES FOR

ASBESTOS, LEAD-BASED PAINT AND INDUSTRIAL HYGIENE

As the Executive Director or the EQ Program Manager directs, the Consultant shall diligently undertake, perform, and complete all the services and produce all the deliverables set forth in subsections below (“Services”) to the City’s satisfaction.

The Consultant shall furnish environmental, engineering, scientific or other necessary services (including furnishing all labor and tools, supplies, equipment, oversight, superintendence, materials and everything necessary for and required to perform and complete the services authorized by a notice to proceed, including any changes thereto) as requested to supplement the Division of Environmental Quality’s (DEQ) work efforts in:

1) asbestos inspection and management;

2) lead inspection and management;

3) indoor air quality, radon, and industrial hygiene support;

4) asbestos abatement and mitigation project oversight support;

5) emergency response support;

6) environmental litigation support/expert technical analysis;

If Consultant recognizes that laws, regulations, or guidance referenced within this Exhibit A are no longer applicable or pertinent to the associated work, the Consultant shall notify the EQ Program Manager for a determination on the appropriate requirements for proceeding with the work.

Part 1. Asbestos Inspection and Management

The consultant shall comply with Environmental Protection Agency (EPA), National Institute for Occupational Safety and Health (NIOSH), Occupational Safety and Health Administration (OSHA), Colorado Department of Public Health and Environment (CDPHE), and all other applicable regulations and standards when performing the following listed and general asbestos consulting services:

1) Asbestos Building Inspection

2) Asbestos Air Monitoring and Dust Sampling

3) Asbestos Project Design

4) Asbestos Project Management

5) Regulated Asbestos Contaminated Soil (RACS)

General asbestos services include: collecting samples and conducting inspections; preparing inspection and survey reports; preparing project designs; performing all activities related to final clearance, and for asbestos abatements and asbestos project management per Colorado Department of Public Health and Environment’s Air Quality Control Commission Regulation 8, Part B (AQCC Reg. 8, Part B) and Solid and

Hazardous Waste Commission 6 CCR 1007-2 Part 1, Section 5.5 (CSWR §5.5) and OSHA 1910.1001 and

1926.1101 standards. This could include MAAL (maximum allowable asbestos levels in air) air monitoring, regular visual containment inspections, and responding to contractor inquiries; providing RACS assessments, site characterizations, and oversight for RACS disturbing activities and management; and facilitating meetings or group discussions for City projects.

1.1 Asbestos Building Inspection. At a minimum, the Consultant shall perform and report all asbestos inspections in accordance with AQCC Reg. 8, Part B and EPA Asbestos Hazard Emergency Response Act (AHERA), 40 CFR Part 763. DEQ may request all inspection data, analytical results, material images, and other supporting information to also be included in DEQ provided templates to support DEQ’s Asbestos Operations and Maintenance Program. Additionally, the Consultant shall follow all sampling direction provided by DEQ to support the O&M Program and is not to supersede AQCC Reg. 8, Part B. All bulk samples are to be analyzed for asbestos by laboratories accredited by the National Institute of Standards and Technology (NIST) through the National Voluntary Laboratory Accreditation Program (NVLAP). Sample turn around times may be directed by DEQ and is to be based on project need and urgency. The Consultant shall also provide analytical results prior to final reporting at the request of DEQ.

1.2 Asbestos Air Monitoring and Dust Sampling. The Consultant shall perform asbestos air monitoring and follow all clearance and staffing criteria in compliance with AQCC Reg. 8, Part B and 40 C.F.R. Part 763. Based on project needs and requirements, DEQ may direct the Consultant to utilize the Transmission Electron Microscopy (TEM) method over the minimum Phase Contrast Microscopy (PCM) method. All TEM and PCM samples must be analyzed by the methods in 40 C.F.R. Part 763 Appendix A to Subpart E and NIOSH Manual of Analytical Methods, 5th Edition, Third Supplement, June 2019, respectively. Laboratories analyzing air samples must be accredited by the NIST to perform TEM analysis and compliance with the American Industrial Hygiene Association (AIHA) Proficiency Analytical Testing (PAT) program for PCM analysis. The Consultant may conduct PCM analysis on-site as long as the requirements in AQCC Reg. 8, Part B are met.

Generally, use of the Z-test calculation for TEM clearances is not to be used for City projects. Any Z-test requests must be submitted to DEQ by the Consultant and shall outline project specific constraints, considerations, and other factors explaining why the Z-test is warranted. DEQ shall provide written approval to the Consultant for the use of the Z-test calculation and is to be reviewed on a case-by-case basis.

In coordination with DEQ, the Consultant shall perform microvacuum sampling or surface wipe sampling for asbestos fibers in compliance with AQCC Reg. 8, Part B and under the following American Society for Testing and Materials (ASTM) methods:

• ASTM International Method D5755-09 (Reapproved April 2014), “Standard Test Method for Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Structure Number Surface Loading.”

• ASTM International Method D6480-19 (January 2019), “Standard Test Method for Wipe Sampling of Surfaces, Indirect Preparation, and Analysis for Asbestos Structure Number Surface Loading by Transmission Electron Microscopy.”

The Consultant shall provide experienced and qualified Air Monitoring Specialists (AMS) to support DEQ with asbestos spill investigations and delineations. DEQ may request the Consultant to provide air monitoring services beyond regulatory requirements, support the City’s Asbestos Operations and Maintenance Program, visual clearances conducted by an AMS, OSHA and trace material clearances as directed by DEQ, background or perimeter air sampling, and other tasks commonly accepted by the asbestos industry.

1.3 Asbestos Project Design. When required by AQCC Reg. 8, Part B, III.C., the Consultant may be requested by DEQ to provide Asbestos Project Design services when a General Abatement Contractor (GAC) is unable to do so, or project specific constraints warrant the Consultant to develop a project design. The Consultant shall also review Asbestos Project Designs prior to the start of a project and ensure the design meets AQCC Reg. 8, Part B requirements, along with any modifications and notifications during an abatement project. The Consultant shall notify DEQ in writing if they do not have personnel that meet the Project Design training and certification requirements outlined in AQCC Reg. 8, Part B.

1.4 Asbestos Project Management. The Consultant shall provide Asbestos Project Manager services for projects exceeding trigger levels defined in AQCC Reg. 8, Part B. All waivers of the AQCC Reg. 8, Part B Project Manager requirements must be reviewed and approved by DEQ prior to CDPHE submittal. The Consultant shall notify DEQ in writing if they do not have personnel that meet the Project Manager training and certification requirements outlined in AQCC Reg. 8, Part B.

1.5 Regulated Asbestos Contaminated Soil (RACS). The Consultant shall provide an experienced and qualified team to support RACS management. The Consultant team shall have extensive knowledge of CSWR §5.5, CCD Standard Materials Management Plan (MMP), CCD Regulated Asbestos Contaminated Soil Standard Operating Procedure (RACS SOP), and provide the following RACS services:

1. Certified Asbestos Building Inspector

2. Air Monitoring Specialist

3. RACS Notifications, Documentation, and Reporting

1.5.1 Certified Asbestos Building Inspector (CABI). The Consultant shall provide CABI personnel who are trained and certified in accordance with AQCC Reg. 8, Part B and CSWR §5.5. Under these requirements, the CABI must have forty (40) verifiable hours of on-the-job asbestos in soils experience on a minimum of three (3) different asbestos in soils projects conducted under AQCC Reg. 8, Part B or CSWR §5.5. The CABI shall meet all requirements detailed in CSWR §5.5 and the RACS SOP to support soil disturbing activities and RACS management. These tasks may include project specific field personnel training, continuous observance of soil disturbing activities, RACS determinations, regulated work area (RWA) and equipment inspections, monitor and log wind speed and direction, and ensure that all appropriate actions, steps, record keeping, and notifications are followed per CSWR §5.5 and the RACS SOP.

1.5.2 Air Monitoring Specialist (AMS). The Consultant shall provide AMS personnel who are trained and certified in accordance with AQCC Reg. 8, Part B and CSWR §5.5. The CABI and AMS can be the same person if they meet the CABI requirements in paragraph 1.5.1 and the AMS requirements within this paragraph 1.5.2. Depending on site conditions and project scope, more than one CABI, AMS, or both may be required. The AMS shall meet all requirements detailed in CSWR §5.5 and the RACS SOP to support RACS management. These tasks may include full time oversight and air monitoring during RACS management, wind monitoring, submit an Emission Control Plan for each asbestos detection, and ensure that all appropriate actions, steps, record keeping, and notifications are followed per CSWR §5.5 and the RACS SOP.

1.5.2 RACS Notifications, Documentation, and Reporting. With DEQ approval, the Consultant may submit all required RACS notifications to CDPHE. The Consultant is responsible for maintaining complete documentation of the project in accordance with CSWR §5.5. Project close-out reporting must include, at a minimum, items listed in the RACS SOP, 8. Close-Out Report. The Consultant shall notify DEQ in writing if they do not have personnel that meet associated RACS training and certification requirements outlined in AQCC Reg. 8, Part B, CSWR §5.5, or the RACS

SOP.

Part 2. Lead Inspection and Management

The Consultant shall comply with EPA, The US Department of Housing and Urban Development (HUD), OSHA, CDPHE, ASTM, and all other applicable regulations, methods, and standards when performing the listed and general lead, and lead adjacent, consulting services:

1. Lead Inspector and Risk Assessor

2. Toxicity Characteristic Leaching Process (TCLP) Sampling

General lead services include the identification and assessment of lead-based paint (LBP), lead-based paint hazards, lead-containing paint (LCP), and lead dust hazards from various sources not limited to paint.

DEQ may request additional analysis for other metals, including but not limited to arsenic, cadmium, mercury, and chromium, which can be found in paints and metals. The Consultant shall perform lead surveys, risk assessments, identify the presence or absence of lead or other metal dust hazards, conduct clearance sampling, and provide technical support for lead abatement projects under all applicable regulations and guidelines. Additionally, the Consultant shall stay informed of changes to clearance criteria, action levels, and reportable levels relating to lead in paint, dust, and soil.

2.1 Lead Inspector and Risk Assessor. The Consultant shall provide these services from a CDPHE certified Lead Evaluation Firm, whether in-house or through a subcontractor. Lead Inspectors and Risk Assessors shall meet the requirements of and be certified for such activities under AQCC Reg.

19. Individuals performing lead inspections, hazard screens, and assessments shall also be knowledgeable and meet standards outlined in EPA’s Lead Renovation, Repair, and Painting (RRP) and HUD rules and regulations in addition to OSHA requirements for worker protection. All lead samples must be submitted a laboratory that is a member of the National Lead Laboratory Accreditation Program pursuant to the Toxic Substances Control Act Section 405(b) as being capable of performing an analysis for lead compounds in paint, soil, and dust.

2.2 Toxicity Characteristic Leaching Process (TCLP) Sampling. Depending on project scope, DEQ may request the Consultant to perform additional sampling to support recovery and disposal of materials under EPA’s Resource Conservation and Recovery Act (RCRA). Upon request, the Consultant shall perform TCLP sampling for RCRA 8 metals to determine hazardous waste characterization and disposal requirements.

Part 3. Indoor Air Quality, Radon, and Industrial Hygiene Support

The Consultant shall provide an experienced and qualified team to support DEQ with Indoor Air Quality (IAQ) investigations and assessments in addition to Industrial Hygiene (IH) services, commonly included in the following services:

1. Indoor Air Quality

2. Radon Sampling

3. Industrial Hygiene

These services may include radon sampling, personal exposure air monitoring, ventilation surveys, mold sampling, ambient air sampling and monitoring for various analytes (particulates, VOCs, mVOCs, climate factors, etc.), water loss or intrusion investigations, and environmental risk assessments to develop mitigation plans and occupational safety plans.

3.1 Indoor Air Quality. IAQ assessments and the associated sampling or monitoring techniques are to follow industry standards including but not limited to resources provided by the EPA, American Industrial Hygiene Association (AIHA), ANSI/ASHRAE Standard 62.1-2022, NIOSH, and OSHA. The Consultant shall provide services to identify, sample, and recommend mitigation response actions for common IAQ pollutants including biological contaminants, common gasses of concern (carbon monoxide (CO), carbon dioxide (CO2), hydrogen sulfide (H2S), nitrogen dioxide (NO2), formaldehyde (CH2O), etc.), particulates, the indoor microbiome including mold and moisture, pesticides, and VOCs. Additionally, the Consultant shall provide monitoring for key indoor climate parameters such as temperature, relative humidity, particulates and conduct moisture mapping for building materials and surfaces. Samples collected for IAQ purposes shall be submitted to accredited laboratories for specific analyte being tested. Mold samples must be analyzed by laboratories accredited by the AIHA Environmental Microbiology Laboratory Accreditation Program (EMLAP), which participate with AIHA’s Proficiency Testing Program (EMPAT) for quality assurance. VOC vacuum canister sampling shall follow EPA’s Method TO-15.

3.2 Radon Sampling. The Consultant shall provide initial and follow up radon sampling services following ANSI/AARST and HUD standards. The Consultant must be familiar with HUD radon requirements when support HUD funded projects. DEQ may request the Consultant to support long-term radon monitoring and assessment for the operations and maintenance of radon mitigation systems. In order to perform radon services, the Consultant shall be certified by the National Radon Proficiency Program or the National Radon Safety Board, and must be licensed by the Colorado Department of Regulatory Agencies.

3.3 Industrial Hygiene. At the request of DEQ, the Consultant shall provide services to support industrial hygiene needs relating to hazards as detailed in this scope of work. This includes the identification of hazards, assessing exposures and occupational risks, developing safety and materials management plans, creating standard operating procedures, hazard communication support, and reassessment, as needed.

Part 4. Asbestos Abatement, Mitigation, and Project Oversight Support

The Consultant shall provide project management and oversight support for asbestos abatement, mold mitigation and IAQ response actions, regulated building materials, and RACS as they relate to construction projects, and all other topics outlined in this scope of work. At the request of DEQ, the Consultant shall develop asbestos and/or lead abatement scope of work documents for contractor bidding and project implementation. When applicable and as requested, the Consultant shall also develop universal waste inventories for a project.

The Consultant is expected to partner with DEQ and other CCD departments and agencies and provide expert and technical guidance for abatement actions based on construction design and drawing documents. Additional project support includes attending meetings, site walks, GAC solicitations, coordination with the project team, and developing reports, figures, and other documents to assist the management of city projects.

Part 5. Emergency Response Support

Services in this category are anticipated to encompass accidents, incidents, and disasters presenting threats to public health. Disasters, incidents, and accidents may include transportation by rail, fires or explosions at industrial, commercial, and residential facilities, large highway transportation disasters, natural disasters such as flood or tornado, or releases caused by malicious intent of a hazardous material, hazardous waste, hazardous substance, extremely hazardous substances, toxins, poisons, radiological, and pathogenic materials. City emergencies would manifest as the dispersal of agents to air, land, or water, or to the grounds or interiors of buildings, homes and businesses presenting an immediate risk to public health and habitability.

To address City emergencies, the City would require and direct the Consultant to manage assigned project scope and sub-scopes by both, or either, commitment of the Consultant’s own in-house resources and expertise, or by outsourcing specific sub-scopes and tasks to commercial entities who specialize in such work. In any event, the City would engage with the Consultant to establish the best means of delivery involving a combination of in-house and outsourced performance. Project scopes and sub-scopes might consist of asbestos spill determination, wide-spread sampling and testing of soil, assessment of weak or contaminated structures, design of containment structures for dust, debris, soil, water, wastes, and application of countermeasures to neutralize chemical, biological, and radiological agents.

Part 6. Environmental Litigation Support/Expert Technical Analysis

Upon request by the City Attorney’s designee or the Department of Environmental Health Executive Director’s designee, the Consultant shall provide environmental litigation support and technical assistance as indicated below:

• Testifying and non-testifying experts – provide testifying experts and non-testifying experts.

• Training - provide training on topics for CCD staff, such as Asbestos Operations and Maintenance tasks as they relate to OSHA and AQCC Reg. 8, Part B.

• Expert evaluation of existing information, such as the review and interpretation of past asbestos building inspection reports and archived construction documents to support the ongoing management of regulated building materials.