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HomeMy WebLinkAbout20141539.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT FOR TASK ORDER #2 FOR AIR QUALITY PROGRAM AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract Amendment for Task Order#2 for the Air Quality Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department of Public Health and Environment, commencing July 1, 2014, and ending June 30, 2015, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract Amendment for Task Order #2 for the Air Quality Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department of Public Health and Environment, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: L." � 1 � J, j J Douglas'Rademacher, Chair Weld County Clerk to the Bo- •� '� 4 49' rbara Kirkmey r, Pro-Te BY: 1 i J. 1i 1. 1e . ... 1d�• De.1 ty Clerk to the a ar.� Fel /Sean P. Conway APP- e . DAST• --fir .;: UN1t� Mike Free n o ney II^^ ilia rcia Date of signature: W—02 / et. I+L(76,) $/1 I 2014-1539 HL0044 I i Memorandum TO: Douglas Rademacher, Chair C 'NY - Board of County Commissioners FROM: Mark E. Wallace, MD, MPH, Executive Director Department of Public Health & Environment DATE: May 15, 2014 SUBJECT: Air Quality Program Continuation Task Order Contract with CDPHE Enclosed for Board review and approval is a contract between the Colorado Department of Public Health and Environment and the Board of County Commissioners of Weld County on behalf of the Weld County Department of Public Health and Environment. For 25+ years, the Health Department has contracted with the CDPHE to perform air quality related functions on their behalf in Weld County. Under the provisions of this task order, the WCDPHE will operate an air quality monitoring network (particulate and gaseous), conduct inspections and provide enforcement guidance concerning stationary sources, issue or deny open burning permits, and respond to complaints. For these services, the WCDPHE will receive an amount not to exceed $114,874.61. This contract amount is an increase over last year's contract by$2,593.27. The Task Order term is July 1, 2014,through June 30, 2015. This continuation contract was approved for placement on the agenda by the Board via pass- around dated May 15, 2014. I recommend approval of this Air Quality Program Continuation Task Order Contract. 2014-1539 DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Air Pollution Control Division(APCD) DEPARTMENT OR AGENCY NUMBER FAA CONTRACT ROUTING NUMBER 15-68709 AMENDMENT FOR TASK ORDERS#2 This Amendment is made this 5th day of May,2014,by and between the State of Colorado,acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,whose address or principal place of business is 4300 Cherry Creek Drive South, Denver,Colorado 80246,hereinafter referred to as the"State";and, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY(a political subdivision of the state of Colorado)for the use and benefit of the Weld County Department of Public Health and Environment,whose address or principal place of business is 1555 North 17'" Avenue,Greeley,Colorado 80631,hereinafter referred to as the"Contractor". FACTUAL RECITALS The parties entered into a Master Contract,dated January 17,2012,with contract routing number 13 FAA 00051. Pursuant to the terms and conditions of the Master Contract,the parties entered into a Task Order Contract,dated May 7,2012,with contract encumbrance number PO FAA AIR1343819,and contract routing number 13 FAA 43819,as amended by Contract Amendment#1,contract routing number 14 FAA 55607 and Contract Amendment#2,contract routing number 14 FAA 63205,collectively referred to herein as the"Original Task Order Contract,whereby the Contractor was to provide to the State the following: The Contractor is to perform air pollution monitoring activities,including inspections, complaint response,open burning permits,gaseous monitoring,air toxic monitoring, particulate monitoring,and stationary and mobile sources Chlorofluorocarbon(CFC) monitoring. The State promises to pay the Contractor the sum of One Hundred and Fourteen Thousand,Eight Hundred and Seventy-Four Dollars and Sixty-One Cents,f$114,874.61)in exchange for the promise of the Contractor to continue to perform the work identified in the Original Task Order Contract for the renewal term of one year, ending on June 30,2015. NOW THEREFORE, in consideration of their mutual promises to each other,stated below,the parties hereto agree as follows: 1. Consideration for this Amendment to the Original Task Order Contract consists of the payments and services that shall be made pursuant to this Amendment,and promises and agreements herein set forth. 2. It is expressly agreed to by the parties that this Amendment is supplemental to the Original Task Order Contract,contract routing number 13 FAA 43819,as amended by Contract Amendment#1,contract routing number 14 FAA 55607 and Amendment for Task Orders#1,contract routing number 14 FAA 63205,collectively referred to herein as the Original Contract,which is by this reference incorporated herein. All terms,conditions,and provisions thereof, unless specifically modified herein,are to apply to this Amendment as though they were expressly rewritten, incorporated,and included herein. 3. It is expressly agreed to by the parties that the Original Task Order Contract is and shall be modified, altered,and changed in the following respects only: Amendment_Task_Order_021114 Page I of 6 A. This Amendment is issued pursuant to paragraph 5.of the Original Task Order Contract identified by contract routing number 13 FAA 43819. This Amendment is for the renewal term ofJuly 1, 2014,through and including June 30,2015. The maximum amount payable by the State for the work to be performed by the Contractor during this renewal term is One Hundred and Fourteen Thousand,Eight Hundred and Seventy-Four Dollars and Sixty-One Cents,($114,874.611 for an amended total financial obligation of the State of Three Hundred and Thirty-Four Thousand,Eight Hundred and Eighty-Five Dollars and Ninety-Six Cents,($334,885.96). This is an increase of One Hundred and Fourteen Thousand,Eight Hundred and Seventy- Four Dollars and Sixty-One Cents,15114,874.611 of the amount payable from the previous term. Of the maximum amount for this renewal term Eighty Four Thousand,One Hundred and Seventy-Three Dollars and Sixty-One Cents,($84,173.61)are attributable to a funding source of the State of Colorado and Thirty Thousand,Seven Hundred and One Dollars,($30,701.00) are attributable to a funding source of the United States Government(see Catalog of Federal Domestic Assistance(CFDA)number 66-0340). Of the amended total financial obligation of the State referenced above Two Hundred and Forty-Five Thousand,Five Hundred and Forty- Eight Dollars and Eighty-Three Cents,($245,548.83)are attributable to a funding source of the State of Colorado and Eighty-Nine Thousand,Three Hundred and Thirty-Seven Dollars and Thirteen Cents,($89,337.13)are attributable to a funding source of the United States Government. The revised Statement of Work is incorporated herein by this reference and identified as"Exhibit E". The revised Budget is incorporated herein by this reference and identified as"Exhibit F". B. The following provision#3 from the original Task Order Contract, 13 FAA 43723, Exhibit A, Additional Provisions,page I, is hereby deleted and replaced with the following: 3. To receive compensation under the Contract,the Contractor shall submit a signed Quarterly Invoice Form. This form is titled".APCD Custom Invoice for Locals"and is accessible from the CDPHE intemet website http: /www.colorado.2ov es'Satellite/CDPHI Main,'CBON. 1251622941228 the form is incorporated and made part of this Contract Amendment as Attachment E-2. 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. The Contractor shall mail the completed invoice to: Peggy DeOrio,Contract Manager Air Pollution Control Division,Administration '. Colorado Department of Public Health and Environment APCD-BI-Adm 4300 Cherry Creek Drive South Denver,Colorado 80246 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. The Original Task Order Contract is modified accordingly. All other terms and conditions of the Original Task Order Contract are reaffirmed. Amendment_Task_Order_021 114 Page 2 of 6 4. The Effective Date of this Amendment is July 1,2014,or upon approval of the State Controller,or an authorized delegate thereof,whichever is later. 5. Except for the Special Provisions and other terms and conditions of the Master Contract and the General Provisions of the Original Task Order Contract,in the event of any conflict, inconsistency,variance,or contradiction between the terms and provisions of this Amendment and any of the terms and provisions of the Original Task Order Contract,the terms and provisions of this Amendment shall in all respects supersede,govern,and control. The Special Provisions and other terms and conditions of the Master Contract shall always control over other provisions of the Original Task Order Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Master Contract concerning the absence of personal interest of state of Colorado employees and the certifications in the Special Provisions relating to illegal aliens are presently reaffirmed. 6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED,BUDGETED, AND OTHERWISE MADE AVAILABLE. Amendment Task Order 021 1 14 Page 3 of 6 This page left intentionally blank. Amendment_Task_Order_021114 Page 4 of 6 IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the day first above written. * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR: STATE: BOARD OF COUNTY COMMISSIONERS OF STATE OF COLORADO WELD COUNTY John W. Hickenlooper,Governor (a political subdivision of the state of Colorado) for the use and benefit of the Weld County Department of Public Health and Environment 7(el -ern, elAA-) By: akt Signature of Aut orized Officer MAY 21 2014 For the Executive Director DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Douglas Rademacher Print Name of Authorized Officer Chair, Board of Weld County Commissioners Print Title of Authorized Officer PROGRAM APPR VAL: By: . r ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and dated below by the State Controller or delegate.Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros,CPA,A,MBA, JD / By: �z'L '/ YQL Date: ti '/5/ Amendment_Task_Order021 I l4 Page 5 of 6 aoiV- /589 This page left intentionally blank. Amendment_Task_Order_021 1 14 Page 6 of 6 EXHIBIT E STATEMENT OF WORK To Task Order Contract Dated 05/07/2012-Contract Routing Number 14 FAA 43819 Contract Amendment Routing Number 14 FAA 68709 These provisions are to he read and interpreted in conjunction with the provisions of the Task Order Contract specified above. Weld County (July 1,20143—June 30,2015) I. Inspections I. Project Description(Inspection): The project includes conducting inspections,records review and compliance evaluations of sources of air pollution emissions,responding to and investigating complaints,and administering an open burning permit program acting as delegated agents of the Air Pollution Control Division(APCD), Stationary Source Program. II. Performance Requirements/Deliverables(Inspections): The Contractor shall ensure its employees who conduct odor and opacity violation inspections attend the required certification sessions during the contract renewal period in accordance with the Stationary Sources Program Training Plan and that,to the extent practicable,a State Certified Opacity Observer is on staff at all times. A. The Contractor,as a delegated authority of the State,will provide the following services: (The enforcement of the Colorado Air Pollution Control and Prevention Act("Act")and emission control regulations promulgated thereunder by the Contractor shall be in a manner prescribed by the State.) 1. Conduct inspections and provide enforcement and surveillance of sources which are subject to the provisions of the Colorado Air Quality Control Commission's("Commission's")Regulations Nos. I through 9 and 15, unless otherwise specified or provided herein. Additionally, local agencies shall respond to complaints within their jurisdictions as appropriate. If the source inspected has an expired APEN,needs to file a new APEN or file a permit application,the Contractor shall follow up and ensure that the source files the correct paperwork along with any associated filing fees and note that in the inspection report and include copies of the APEN and/or permit application along with the inspection report. 2. Conduct inspections as specified and listed in Exhibit F, Budget,and Attachment E-1 Inspection Lists of the Contract or l ask Order,which are attached hereto and by this reference made a part hereof. Inspections and inspection reports shall be of Full Compliance Evaluation quality,as described in Clean Air Act Stationary Source Compliance Monitoring Strategy,April 25,2001 and Environmental Protection Agency (EPA)Region VIII Uniform Enforcement Oversight System, FY2002. All inspections shall be submitted electronically using or Microsoft (MS)Word 2000®software or subsequent newer versions of this software. 3. All inspections or complaint investigations that result in the need to pursue enforcement action for Regulation Nos. I through 9,and Regulation 15,shall be handled in the following manner. All relevant data and information gathered by the local agency that shows the source may be violating any applicable statute,air quality control regulation,or permit condition shall be transmitted to the State electronically by the local agency for review and follow up by the State. The State will issue all Compliance Advisories,Notices of Violation(NOV),Compliance Page I of 16 Exhibit B-Statement of Work V 1/MAR2012 EXHIBIT E Orders,or Early Settlement Agreements as appropriate. 4. The State shall be responsible for writing and mailing all Compliance Orders and all Orders must be issued under the signature of the State. 5. Conduct investigations of specific air contaminant sources pursuant to established guidelines upon request of the State or upon valid written complaint of any other person within the area to ascertain compliance with the Act,including the Standards,Orders,and Regulations of the Commission. B. Permits The Contractor will perform the following services for the State in connection with the enforcement and administration of the Commission's Regulations concerning air pollution emission permits and open burning permits: 1. Issue or deny permits to open burn to individuals making application for such permits within the Contractor's domain provided that in cases involving novel or unusual issues or circumstances, or in cases affecting the State Implementation Plan,the Contractor shall secure the written approval of the Executive Director of the Department of Public Health and Environment,or his designee,prior to issuing or denying permits to open burn.The contractor shall issue burn permits according to policies issued by the APCD. 2. Provide appropriate permit application forms, furnished by the State,to persons within the appropriate area(s)who are subject to the provisions of the Air Quality Control Commission's Regulation No.3. 'i C. Provide air pollutant emission notice forms,furnished by the State,to sources within the appropriate area(s),subject to the requirements of Section 25-7-114,C.R.S. Completed forms shall be transmitted to the State for incorporation into the State air pollution emission inventory. D. The State reserves the right to modify procedures for the enforcement of the applicable regulations consistent with policy statements issued by the APCD and to provide forms to be used to implement said policy. E To enable the Contractor to execute the duties as specified in this Contract,the Contractor is hereby delegated authority to enter with the consent of the property owner,or with a warrant if necessary,any public or private property to make inspections,conduct tests,or examine books and records. Should a warrant be necessary to gain access to the property the Contractor shall notify the APCD and obtain the written approval prior to making application for a search warrant to the court. Inspection Reports and Documents The Contractor shall provide to the State the following reports and documents at the times indicated, if the work referenced is part of the current contract agreement with the State. In the case that it is not,the county is not responsible for submitting associated reports: A. A monthly report of activities for the Contractor's air pollution program using the form supplied by the State. A monthly report for each preceding month shall be submitted to the APCD by the 15th of each subsequent month. All monthly reports for the Field Services Unit shall be submitted electronically in a format specified by the State. B. Electronic copies of all field inspection reports for those sources listed in Attachment E-l. All inspection reports shall be submitted to the State within 45 days of completion of the inspection and shall Page 2 of 16 Exhibit B-Statement of Work V UMAR2012 EXHIBIT E be of Full Compliance Evaluation quality. All inspections designated by the State as"A"class or MACT sources must be completed by September I,and reports submitted by September 30 of each contract year. Inspection Forms and Formats The Contractor shall use the forms supplied by the State in the performance of the services as specified in this Contract unless prior written approval is granted by the State authorizing the use of alternate forms. Inspection Costs and Budget Services will be paid on an actual per task basis. The agreed upon budget for this scope of work is located at the end of this document as Exhibit F. A sample reimbursement/invoice form is attached as Attachment E-2. 111. Monitoring(Inspections): CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the Program's Field Services Contract Monitor. Methods used will include review of documentation reflective of performance to include progress reports and review of inspection reports along with review of monthly reports. 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. IV. Resolution of Non-Compliance(Inspections): The Contractor will be notified by email within thirty(30)calendar of discovery of a compliance issue. Within (30)calendar days,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 by email 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 Field Services Contract Monitor 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 Remedies section of the General Provisions of this contract. 2. CFC I. Project Description(CFC): The Chlorofluorocarbon(CFC)program exists to regulate ozone depleting compound(ODC)refrigerants and registers and inspects large air-conditioning systems, large refrigeration systems,motor vehicle and stationary service facilities to reduce emissions of ozone depleting compounds. We contract with Local Agencies to conduct routine and complaint inspections and new source identification to ensure compliance with CFC Program and EPA608 and EPA609 regulations. Local Agencies collect data and provide testimony for enforcement cases. II. Performance Requirements/Deliverables(CFC): Page 3 of 16 Exhibit B-Statement of Work VI/MAR2012 EXHIBIT E The contractor shall ensure that all employees who conduct stationary and mobile sources CFC inspections are trained either by the APCD or by a local agency inspector trained by the APCD. All training related to CFC shall be pre-approved in writing by the APCD's CFC program and shall be devoted to CFC related work. Types of training may include but not be limited to: Industry sponsored events,APCD oversight inspections, field training, and/or other APCD sponsored training. Contractors shall notify the CFC program staff when temporary employees and interns are to be utilized for CFC inspections. When possible,the CFC program shall be notified prior to the employment of such individuals. A. The Contractor,as a delegated authority of the State,will provide the following services: (The enforcement of the Act and regulations promulgated thereunder by the Contractor shall be in a manner prescribed by the State.) 1. Conduct inspections and provide enforcement investigations and surveillance of sources which are subject to the provisions of the Colorado Air Quality Control Commission's ("Commission's") Regulation No. 15,unless otherwise specified or provided herein. 2. Conduct investigations of specific air contaminant sources pursuant to established guidelines upon request of the State or upon valid written complaint of any other person within the area to ascertain compliance with Regulation No. 15 of the Commission. 3. All inspections or complaint investigations that result in the need to pursue enforcement action for Regulation No. 15 shall be handled in the following manner. All relevant data and information gathered by the local agency that shows the source may be violating any applicable provision of Regulation No. 15 shall be transmitted to the State electronically by the local agency for review and follow up by the State. The State will write and issue all Compliance Advisories,Notices of Violation(NOV),Compliance Orders,or Early Settlement Agreements as appropriate. B. The Contractor shall conduct inspections and provide enforcement and surveillance of stationary source air conditioning and refrigeration equipment and technicians that are subject to the provisions of Air Quality Control Commission Regulation No. 15. The Contractor shall conduct routine inspections, pursuant to this Section II.B.of sources listed in Attachment E-3,CFC Program Inspection List,which is attached and by this reference made a part hereof. The contractor shall also conduct inspections of new source identification(NSID)sites provided by the APCD under separate cover.The Contractor shall concentrate on performing NSID inspections by inspecting 20-40%of the NSID sites in each of the first three quarters,with all NSID inspections completed by the end of the third quarter. Other inspections performed shall be spread throughout the contract year. The Contractor shall perform the following services for the State with regard to the enforcement of Regulation No. I5 in accordance with the procedures outlined by the State: 1. Verify that technicians are certified under an EPA approved program. 2. Verify that stationary equipment that meets registration requirements is registered with the APCD. 3. Verify that refrigerant records are properly maintained and leak repairs completed as required. 4. Verify that facilities which perform air conditioning/refrigeration service are registered with the APCD. 5. Verify that technicians are properly using EPA approved recycle/recovery equipment. Page 4 of 16 Exhibit B-Statement of Work VI/MAR2012 EXHIBIT E 6. Notify the State APCD in writing of all complaints received. 7. Investigate complaints that warrant follow-up inspections. 8. With the exception of identifying and locating new sources that meet the requirements of Regulation No. 15,the contractor shall perform inspections from lists developed and provided by the APCD for the current contract year. 9. Notify the State APCD in writing of any violators of the requirements of Regulation No. 15. C. The Contractor shall conduct inspections and provide enforcement and surveillance of motor vehicle air conditioning and refrigeration repair shops and motor vehicle salvage facilities which are subject to the provisions of Air Quality Control Commission(AQCC)Regulation No. 15. With the exception of complaints, inspections of motor vehicle air conditioning repair shops shall be conducted July— September and April—June. Inspections of motor vehicle salvage facilities shall be conducted throughout the contract year. The Contractor shall perform the following services for the State with regard to the enforcement of Regulation No. I5 in accordance with the procedures outlined by the State: Verify that technicians are certified under an EPA approved program. 2. Verify that facilities which perform air conditioning/refrigeration service are registered with the APCD. 3. Verify that technicians are properly using EPA approved recycle/recovery equipment. 4. Notify the State APCD in writing of all complaints received. 5. Investigate complaints that warrant follow-up inspections. 6. With the exception of identifying and locating new sources that meet the requirements of Regulation No. I5,the contractor shall perform inspections from lists developed and provided by the APCD for the current contract year. 7. Notify the State APCD in writing of any violators of the requirements of Regulation No. 15. D. With the exception of complaints,enforcement and new source identification,all CFC inspections shall be reimbursed on a per inspection basis according to the following guidelines: I. All automotive facilities and automotive salvage facilities inspections shall be reimbursed at one hour(I)each. 2. All stationary facility and stationary salvage facility inspections shall be reimbursed at one hour (I)each. 3. All registered stationary equipment inspections shall be reimbursed at one and one half hours (1.5)each. 4. All registered refrigerated food facility inspections shall be reimbursed at two hours(2)each. 5. When two different types of inspections occur at the same facility and are performed at the same time,reimbursement shall be at the higher rate of the two for the combined inspections. CFC Reports and Documents Page 5 of 16 Exhibit 13-Statement of Work V 1/MAR2012 EXHIBIT E The Contractor shall provide to the State the following reports and documents at the times indicated, if the work referenced is part of the current contract agreement with the State. In the case that it is not,the county is not responsible for submitting associated reports: A. A monthly report of activities for the Contractor's CFC program. A monthly report for each preceding month shall be submitted to the APCD by the 15th of each subsequent month. B. All routine and complaint-related CFC inspections shall be completed on a standardized inspection worksheet provided by the APCD. All inspection worksheets shall be submitted to the APCD on a monthly basis and received no later than the 15`h day of the month following the month in which the inspection is completed. CFC Forms and Formats The Contractor shall use the forms supplied by the State in the performance of the services as specified in this Contract unless prior written approval is granted by the State authorizing the use of alternate forms. CFC Costs and Budget Enforcement,complaints,and new source ID will be paid on an hourly basis and CFC inspections on a per inspection basis per Table 1 below. The agreed upon budget for this scope of work is located at the end of this document as Exhibit F. A sample reimbursement/invoice form is attached as Attachment E-2. Table 1 COUNTY YEAR WELD FY15 TOTAL HOURS 91 HOURLY RATE $55.82 TOTAL BUDGET$5,079.62 TYPE HOURS %TIME ENFORCEMENT COMPLAINTS 15 16.0% NEW SOURCE ID 0 0.0% TRAINING INSPECTIONS TYPE INSPECTIONS INSPECTION %TIME HOURS MOTOR VEHICLE MVAC(FN) 13 13 13.8% SHOP 30 30 31.9% STATIONARY SHOP SSAC(FN) STATIONARY SSER(REGISTERED) 20 30 31.9% EQUIPMENT Page 6 of 16 Exhibit B-Statement of Work V I/MAR2012 EXHIBIT E RETAIL FOOD REFER 3 6 6.4% (REGISTERED) III. Monitoring(CFC): CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the Program's Environmental Protection Specialist. Methods used will include review of documentation reflective of performance to include progress reports and inspections. 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. IV. Resolution of Non-Compliance(CFC): The Contractor will be notified by email or mail 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 by email or mail 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 Lead,CFC&Certification Supervisor 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 Remedies section of the General Provisions of this contract. 3. Particulate Matter Monitoring I. Project Description(Particulate Matter): The Colorado Department of Public Health and Environment(CDPHE),APCD,performs ambient air monitoring/sampling for PM2.5 (fine particles less than 2.5 micrometers in size)and PM10(fine particles less than 10 micrometers in size)as part of the U.S. EPA's Clean Air Act air monitoring program. In Colorado,there are currently nineteen(19)PM2.5 sites and 29 PM 10 sites. Sampling is conducted on a 24-hour basis every day, every 3rd day,or every 6th day and some sites monitor continuously with hourly data output. The contractor is responsible for performing the field sampling work,which includes documentation for quality assurance purposes and for chain of custody of the samples. The contractor is also responsible for shipping the samples to laboratory for analysis. II. Performance Requirements/Deliverables(Particulate Matter): The local agency contractor shall ensure that all employees who conduct Particulate Matter(PM)monitoring be trained by the Colorado Department of Public Health and Environment's(CDPHE)APCD or by the Contractor, who has been trained by the APCD,and with prior approval of the APCD. All training related to PM2.5 and PM 10 monitoring shall be pre-approved by the APCD's Monitoring Supervisor and shall follow the Field Standard Operating Procedures(SOP) for the parameter being collected and the instrument being used. Types of training may include,but are not limited to: APCD-sponsored training, United States EPA sponsored events,APCD oversight inspections and on-the-job training,and reading the SOPs and operators' manuals. A. The Contractor shall operate air quality monitoring site(s), in location(s)determined by the APCD and using instruments and filters provided by the APCD. All monitoring activities shall be consistent with APCD directives, including following the Field SOPs and operator's manuals for each parameter Page 7 of 16 Exhibit B-Statement of Work V I/MAR2012 EXHIBIT E sampled. B. For Lo-Vol(low-volume flows of 16.7 LPM or less) Particulate Monitoring(PM2.5 and PM 10):The APCD shall provide the Contractor with a schedule for the operation of the particulate(PM 10 and PM2.5)monitors,the changing of filters at the particulate monitors,and instructions for the submission of those filters to the APCD's contracted laboratory. The Contractor shall operate the monitors,change the filters,and submit the filters to the APCD contracted laboratory in accordance with the monitoring schedules and instructions. In addition,the Contractor operating PM2.5 and PMIO monitors shall conduct the first line of maintenance for these monitors. This includes keeping the PM2.5 and PM 10 monitors clean and in good working condition, in accordance with the Field SOP manuals. 1. The contractor shall completely and properly fill out the PM2.5 and PM 10 Low-volume Field Data Sheet/Chain of Custody(FDS/COC)forms,and all other relevant PM2.5,and PM 10 sampling forms and logs(e.g.,TEOM sampler verification forms and monthly logs), in order to be eligible for reimbursement under this contract. Incomplete forms and logs,can cause data to be invalidated,thus,data associated with incomplete forms will not be considered for compensation. The APCD will pay on a pro-rated basis if the contractor fails to perform theses duties. 2. The Contractor will ship particulate filters on the schedule provided by the APCD,and use the shipper selected by the APCD and none other unless pre-approved by the APCD. If the Contractor follows these rules,the APCD shall pay all relevant PM2.5 and PMIO related shipping charges incurred by the Contractor. Sampled PM2.5 and PM 10 low-volume filters will be shipped to the APCD-designated laboratory within five days of sampling batch date. Exposed PMIO Hi-Vol and TSP filters will be shipped to the APCD-contracted laboratory within two weeks for all sites. 3. The Contractor shall notify the Particulate Monitoring program staff in person by telephone following the call down list below and must reach a person(not a voice mail)within 24 hours of any instrument malfunction or other critical problem requiring APCD staff attention. Do not rely on phone mail or electronic mail as the person may be out of the office or out of town for an extended period. Call Down List for Lo-Vol Instrument Malfunctions Bradley Rink, PM Monitoring Leader 303.692.3225 Ken Helcoski, PM Monitoring Technician 303.692.3112 Patrick McGraw, PM Monitoring Supervisor 303.692.3235 Bonnie Wright, Secretary(to leave a message for staff) 303.692.3219 C. For Hi-Vol(high volume) PMIO monitoring: The APCD shall provide the Contractor with a schedule for the operation of the particulate(PM10)monitors,the changing of filters at the particulate monitors, and instructions for the submission of those filters to the APCD's contracted laboratory. The Contractor shall operate the monitors,change the filters,and submit the filters to the APCD contracted laboratory in accordance with the monitoring schedules and instructions. In addition,the Contractor operating PM 10 monitors shall conduct the first line of maintenance for these monitors. This includes keeping the PMIO monitors clean and in good working condition, in accordance with the Field SOP manuals. I. The contractor shall completely and properly fill out the PMIO Hi-Vol Particulate Sampling Field Envelopes(PSFE)and the PM1,SAMPLER MONTHLY REPORTING FORM shown below in Table 2, in order to be eligible for reimbursement under this contract. Incomplete forms,can cause data to be invalidated,thus,the associated samples will not be considered for compensation. The APCD will pay on a pro-rated basis if the contractor fails to perform theses duties. 2. The Contractor will ship PMIO filters using the mailing envelopes provided by the APCD. Sampled Page S of 16 Exhibit B-Statement of Work V I/MAR2012 EXHIBIT E PM 10 Hi-Vol and TSP filters will be shipped to the APCD-contracted laboratory within two weeks of sampling. 3. The Contractor shall notify the Particulate Monitoring program staff in person by telephone following the call down list below and must reach a person(not a voice mail)within 24 hours of any instrument malfunction or other critical problem requiring APCD staff attention. Do not rely on phone mail or electronic mail as the person may be out of the office or out of town for an extended period. Call Down List for Hi-Vol Instrument Malfunctions John Olasin,PM Monitoring Technician 303.692.3241 Jeff Gawrych,PM Monitoring Technician 303.692.3246 Patrick McGraw,PM Monitoring Supervisor 303.692.3235 Gordon Pierce,TSP Program Manager 303.692.3238 Bonnie Wright, Secretary(to leave a message for staff) 303.692.3219 Particulate Matter Monitoring Reports and Documents The Contractor shall provide the APCD with the following reports and documents at the times indicated. A. For Hi-Vol PM10 Monitoring:A monthly report of activities for the Contractor's air pollution program using the form supplied by the APCD(Table 2). A monthly report for each preceding month shall be submitted to the APCD by the 15th of each subsequent month. Table 3 shows an example of a properly filled out PMip SAMPLER MONTHLY REPORTING FORM. All monthly reports for the Field Services Unit shall be submitted either in the mail or electronically in the format specified by the APCD. B. Low-volume PM2.5 and PMIO sampling requires the site operator to record data on two forms. These are the Field Data Sheet/Chain of Custody form (FDS/COC) and the PM2.5 Regular Maintenance/Sampler Verification Form (Field Form). The FDS/COC form is the cornerstone—of PM2.5/PM 10 low-volume monitoring to show sample validity and it must be submitted to the contracted laboratory every two weeks with the corresponding samples. The Field Form must also be submitted to the contract laboratory every two weeks with the corresponding samples in the sample coolers. All forms will be provided by the APCD. Particulate Matter Monitoring Forms and Formats The Contractor shall use the forms supplied by the APCD in the performance of the services as specified in this Contract unless prior written approval is granted by the APCD authorizing the use of alternate forms. Particulate Matter Monitoring Costs and Budget Operation and maintenance of PMIO monitors will be paid on a per sample basis. Operation and maintenance of PM2.5 TEOM and FRM monitors will be paid on a per hour basis. The agreed upon budget for this scope of work is located at the end of this document as Exhibit F. A sample reimbursement/invoice form is attached as Attachment E-2. Page 9 of 16 Exhibit B-Statement of Work V 1/MAR2012 EXHIBIT E Table 2 Colorado Department of Public Health and Environment—Air Pollution Control Division —Technical Services Program PRIVATE OPERATOR PM ID & PM2 s SAMPLER MONTHLY REPORTING FORM Year Month Operator Name Name of Sampling Site: Date PMta PM,o Sampler PM2.5 Comments:(Missed sample,defective filter,equipment or filter Filter ID#(1,2,3,4, Filter problem, unusual weather(high winds,snow,rain,etc.)or pollution e.g., ID# etc.) ID# blowing dust,wildfire smoke) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page l()of 16 Exhibit II-Statement of Work VI/MAR2012 EXHIBIT E Table 3 Example PM2.5 and Mai Lo-Vol Site Form NOTE: When using the following form,please enter the filter number onto the line for the appropriate sampling date. Enter any comments that may have affected the sample. Comments should include any visible sources of dust or wood smoke in the area,high wind conditions,and/or weather conditions that could impact the sample. For example,high winds,rain,fog,or snow. Also,please specify the time of the visible emissions and weather if known. Please include this information even when a sample did not run on the specified date if you were in the sampler area. The information can help the APCD corroborate samples at other sites or help determine the extent of an adverse weather or visible emissions. After the last sample for the month is entered,please send this form in with your next filter shipment. Here is an example of a properly filled out form: Colorado Department of Public Health and Environment—Air Pollution Control Division—Technical Services Program YEAR 2010 MONTH Mav Sampling Site/Operator Name: Colorado College/Jane Doe PM�p PM1p PM2.5 Comments: (Missed sample,defective filter,equipment or filter problem, Date Filter ID# Sampler Filter unusual weather(high winds,snow,rain,etc.)or pollution e.g.,blowing ID# ID# dust,wildfire smoke) (1,2,3,4, etc.) Normal 2 Q9558226 1 T9716180 Hot and dry. Blowing dust and high winds observed at site from I —5 PM. 3 Normal 4 Bridge construction 2 blocks away on Main St.with 3 large dirt piles(-25' x 100' x 12' high) 5 Q9558227 2 T9716181 Normal 6 Normal 7 Calm winds,hazy with a strong smell of wood smoke in the area. 8 Q9558228 1 T9716182 Very foggy 8— 10 AM and rained/drizzle most of the day. 9 Normal III. Monitoring(Particulate Matter): CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the APCD Particulate Monitoring Supervisor. Methods used will include review of documentation reflective of performance to include progress reports,sample log forms and laboratory analysis results. In addition,equipment inspections,calibrations and audits will be conducted by APCD to ensure compliance. 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. Page II of 16 Exhibit F-Statement of Work V 1/MAR2012 EXHIBIT E IV. Resolution of Non-Compliance(Particulate Matter): The Contractor will be notified by email and telephone within 3 calendar days of discovery of a compliance issue. Within 15 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 by email 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 APCD Particulate Monitoring Supervisor 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 Remedies section of the General Provisions of this contract. 4. Gaseous/Continuous Monitoring I. Project Description(Gaseous): The CDPHE APCD requires routine and non-routines maintenance to be performed on four State of Colorado air monitoring sites located within Weld County. The two air monitoring sites are Greeley Tower(AQS ID:08-123- . 0009)located at 3101 35th Ave.,Greeley;and Greeley Annex(AQS ID:08-123-0010) located at 905 10th Ave., Greeley. The Greeley Tower site currently monitors for ozone,with meteorology projected to be installed by the end of the year;and the Greeley Annex site monitors exclusively for carbon monoxide. This Scope of Work defines the contractual obligations of the contractor for the routine and non-routine maintenance required for the operations of the above mentioned sites. Gaseous/Continuous Monitoring APCD Contacts and Roles Gregory Marshfield is the project manager and is responsible for coordination of the project. Monte Ramirez is the technical lead and is responsible for all field and technical related questions or issues regarding continuous gaseous measurements. Peggy DeOrio is the contact for billing/invoicing questions. CDPHE contact information is provided below for each: Scope of Work Contacts—Gaseous/Continuous Monitoring Name: Gregory Harshfield Monte Ramirez Peggy DeOrio Position: Project Manager Technical Lead Fiscal Lead Address: CDPHE-APCD-TS-BI CDPHE-APCD-TS-BI CDPHE-APCD-TS-BI 4300 Cherry Creek Drive South 4300 Cherry Creek Drive 4300 Cherry Creek Drive South South Denver,CO 80246-1530 Denver,CO 80246-1530 Denver,CO 80246-1530 Tel: 303-692-3232 303-692-3236 303-692-3107 Cell: 303-328-7729 303-668-4809 Fax: 303-782-5493 303-782-5493 303-782-5493 Email: gregory.harshfield@state.co.us monte.ramirez@state.co.us peggy.deorio@state.co.us II. Performance Requirements/Deliverables(Gaseous): Task I —Weld County Tower:Continuous- Routine and Non-Routine Maintenance The Greeley Tower site(08-123-0009)monitors exclusively for ozone,however,meteorology is slated to be installed by the end of the year. The Contractor shall operate and conduct the first line of maintenance for this/these monitors/sensors under the directive of the APCD. All maintenance performed on these analyzers/sensors is to be in accordance with both the manufacture's operational guidance and with the APCD's Page 12 of 16 Exhibit E-Statement of Work V 1/MAR2012 EXHIBIT E Standard Operating Procedures. Task 2—Greeley Annex: Continuous-Routine and Non-Routine Maintenance The Greeley Annex site(08-123-0010)monitors exclusively for carbon monoxide. The Contractor shall operate and conduct the first line of maintenance for this monitor under the directive of the APCD. All maintenance performed on the analyzer is to be in accordance with both the manufacture's operational guidance and with the APCD's Standard Operating Procedures. Site Operator Responsibilities Applicable To All Above Listed Routine and Non-Routine Maintenance Tasks I. First-line Maintenance. The contractor shall notify the Gaseous Monitoring Technical Lead in person within 24 hours,on business days,of any analyzer/sensor malfunction or other critical problem requiring APCD staff attention. Electronic mail can be used as a back up to document the event in writing,but is not a substitute for reaching a live person via phone. 2. Site Inspection. In addition to performing routine analyzer/sensor maintenance as described in the APCD's Standard Operating Procedures,the shelter and analyzers/sensors are to be visually inspected for distress and operability. This should include items such as: site access issues; functionality of site security; phone and modem operability, line power issues;etc. All items of concern are to be documented on the site log sheets and verbally relayed to the APCD's Technical Lead. 3. Routine troubleshooting on maintenance problems with the assistance of the APCD,as necessary, including visual inspection of operating components and minor adjustments of operating parameters. 4. Site and analyzer inspections should occur once per week and on special request by the APCD for each monitor. 5. Routine precision tests will be performed by the APCD and are only to be performed by the Contractor on special request from the APCD. 6. APCD provided log sheets for each of the continuous monitors must be annotated and leave a"message to central"on the site data logger for each visit. Log sheets will be collected by APCD staff at the end of each month when the routine monthly service interval is performed. Task 3-Training and Instruction The contractor shall ensure that all employees who provide maintenance to gaseous monitoring sites be trained by the APCD or by a local agency operator trained by the APCD and with prior approval of the Gaseous Monitoring Supervisor or Gaseous Monitoring Technical Lead. Types of training may include but not be limited to: APCD- sponsored training, United States EPA-sponsored events. APCD oversight field training. Contractors shall notify APCD program staff when new employees and interns are to be trained and used for monitoring. When possible,the APCD shall be notified prior to the employment of such individuals. Gaseous/Continuous Monitoring Costs and Budget The contractor will be compensated on a per task basis for the maintenance of the Weld County sites. A task is defined as one routine or non-routine visit to a site. A"routine site visit" is a weekly visit where the weekly required site maintenance is performed. There will be 52 weekly site visits in one year. A"non-routine site visit" is one that occurs in addition to the weekly routine site visits and is at the request of the APCD. Non-routine visits are not to include return site visits because of operator oversights or errors. It is the responsibility of the contractor to document all site visits and invoice the APCD appropriately. In addition to the annual 52 weekly visits to each site,an additional 6 non-routine visits per site has been allocated for in the budget associated with this Scope of Work. Page 13 of 16 Exhibit E-Statement of Work V I/MAR2012 EXHIBIT E The agreed upon budget for this scope of work is located at the end of this document as Exhibit F. A sample reimbursement/invoice form is attached as Attachment E-2. Ill. Monitoring(Gaseous): CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the Program's Continuous Monitoring and Data Systems Support Supervisor. Methods used will include review of documentation reflective of performance to include random inspections of air monitoring site(s), review of site log sheets,and review electronic data and site. 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. IV. Resolution of Non-Compliance(Gaseous): The Contractor will be notified by email within 60 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 by email 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 Continuous Monitoring and Data Systems Support Supervisor 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 Remedies section of the General Provisions of this contract. 5. Air Toxics I. Project Description(Air Toxics): The CDPHE APCD requires routine and non-routine operation and maintenance to be performed for a North Front Range Ozone Precursor Study air toxics sampler located in Weld County. The site is at Platteville(Middle School). The site will include precursor monitoring for non-methane organic compounds(NMOCs)and carbonyls. This Scope of Work defines the contractual obligations of the contractor for the routine and non- routine maintenance required for the operations of air toxics sampler at the above mentioned site. Air Toxics APCD Contacts and Roles Gordon Pierce is the project manager and is responsible for coordination of the project. Alicia Frazier is the technical lead and is responsible for all field and technical related questions or issues. Peggy DeOrio is the contact for billing/invoicing questions. CDPHE contact information is provided below for each: Scope of Work Contacts Name: Gordon Pierce Alicia Frazier Peggy DeOrio Position: Project Manager Technical Lead Fiscal Lead Address: CDPHE-APCD-TS-BI CDPHE-APCD-TS-BI CDPHE-APCD-TS-BI 4300 Cherry Creek Drive South 4300 Cherry Creek Drive South 4300 Cherry Creek Drive South Denver,CO 80246-1530 Denver,CO 80246-1530 Denver,CO 80246-1530 Tel: 303-692-3238 303-692-3179 303-692-3107 Cell: 303-919-4522 720-253-3382 Page I4of16 Exhibit E-Statement of Work V 1/MAR2012 EXHIBIT E Fax: 303-782-5493 303-782-5493 303-782-5493 Email: gordon.pierce@state.co.us alicia.frazier@state.co.us peggy.deoriona,state.co.us II. Performance Requirements/Deliverables(Air Toxics): Task I —Platteville: NMOC/carbonyl-Routine and Non-Routine Maintenance: The Platteville site(08-123-0008)monitors for particulates and NMOCs/carbonyls. This task only pertains to the NMOC/carbonyl monitoring as part of the North Front Range Ozone Precursor Study. The Contractor shall operate and conduct the first line of operation and maintenance for this sampler under the directive of the APCD. All operations maintenance performed on the sampler is to be in accordance with manufacturer's operational guidance, laboratory guidance,and/or with the APCD's Standard Operating Procedures. Routine and Non-Routine Operation/Maintenance for Tasks I. Sampler Operation. The contractor shall be responsible for routine operation of air toxics sampling equipment. This shall include installing and removing sampling modules/devices on air toxics sampling equipment and recording all necessary information,as well as shipping sampling modules/devices/filters to a contract laboratory. Air toxics samples are collected using whole air canisters for NMOCs or sorbent cartridges for carbonyls. All work is to be done according to set laboratory,manufacturer or APCD Standard Operating Procedures. In addition to performing routine sampler operation,the sampler is to be visually inspected for distress and operability. This should include items such as: site access issues;functionality of site security; line power issues; integrity of the sampler and sampling lines; etc. All items of concern are to be documented and verbally relayed to the Technical Lead or Project Manager. 2. First-line Maintenance. The contractor shall notify the Technical Lead or Project Manager by phone within 24 hours,on business days,of any sampler malfunction or other critical problem requiring APCD staff attention. Electronic mail can be used as a back up to document the event in writing,but is not a substitute for reaching a live person via phone. 3. Routine troubleshooting on maintenance problems with the assistance of the APCD,as necessary, including visual inspection of operating components and minor adjustments of operating parameters. 4. Laboratory or APCD-provided log sheets for each of the monitors must be annotated for every sample. Log sheets will be shipped by the Site Operator to the contract laboratory,along with the associated air toxics samples. Copies/duplicate sheets are to be held by the Site Operator and sent to the Project Manager or Technical Lead on a quarterly basis. Training and Instruction The contractor shall ensure that all employees who provide operation and maintenance to air toxics monitoring site be trained by the APCD or by a local agency operator trained by the APCD and with prior approval of the Project Manager or Field Lead. Types of training may include but not be limited to: APCD-sponsored training. United States EPA-sponsored events,APCD oversight field training. Contractors shall notify the APCD project staff when new employees and interns are to be trained and used for monitoring. When possible,the APCD shall be notified prior to the employment of such individuals. Air Toxics Costs and Budget The contractor will be compensated on a per task basis for the maintenance of the Weld County air toxics site. A task is defined as one routine or non-routine visit to a site. A"routine site visit"is a weekly visit where the weekly required site operation/maintenance is performed. There will be approximately 6I weekly site visits in one year, based on an every sixth day sample frequency. A"non-routine site visit" is one that occurs in addition to the weekly routine site visits and is at the request of the APCD. Non-routine visits are not to include return site visits Page 15 of 16 Exhibit F:-Statement of Work V 1/MAR2012 EXHIBIT E because of operator oversights or errors. It is the responsibility of the contractor to document all site visits and invoice the APCD appropriately. In addition to the 61 annual visits to the site,an additional 4 non-routine visits per site has been allocated for in the budget associated with this Scope of Work. The agreed upon budget for this scope of work is located at the end of this document as Exhibit F. A sample reimbursement/invoice form is attached as Attachment E-2. III. Monitoring(Air Toxics): CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the APCD Technical Services Program Manager. Methods used will include review of documentation reflective of performance to include progress reports,sample log forms and laboratory analysis results. In addition,equipment inspections,calibrations and audits will be conducted by APCD to ensure compliance. 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. IV. Resolution of Non-Compliance(Air Toxics): The Contractor will be notified by email and telephone within 3 calendar days of discovery of a compliance issue. Within 15 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 by email 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 APCD Technical Services Program 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 Remedies section of the General Provisions of this contract. 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