SSWG 2019 Contract

NON-FEDERAL FUNDS STANDARD SERVICE CONTRACT
NORTH CAROLINA SERVICE CONTRACT
TOWN OF CARRBORO
THIS CONTRACT is made, and entered into by and between the TOWN of CARRSORO, a
political subdivision of the State of North Carolina, (hereinafter referred to as "TOWN". party of the first
part and Stormwater Services Groum, LLC, (hereinafter referred to as "CONTRACTOR"). party of the
second part.
1. SERVICES TO BE PROVIDED
CONTRACTOR hereby agrees to provide services and/or materials under this contract
(hereinafter referred to collectiveh_= as "SERVICES" pursuant to the provisions and specifications
identified in "Attachment C.
2. TERM OF CONTRACT
The term of this CONTRACT for services and supplies is from August 1, 2019 to June 30, 2020,
3. PAYMENT TO CONTRACTOR
CONTRACTOR shall receive from TOWN an amount not to exceed $5135. based on the
amount specified in the attached proposal plus a $325 contingency for services authorized by the Town but
not specified in the proposal. CONTRACTOR shall submit itemized invoices to Town of Carrboro, 301
W Main Street. Carrboro, NC 275 10 attention Public Works Department at the Public Works Department
of the Toren of Carrboro, NC 27510. Payment will be processed within 30 days upon receipt and approval
of the invoice by TOWN.
4. INDEPENDENT CONTRACTOR
TOWN and CONTRACTOR agree that CONTRACTOR is an independent contractor and
shall not represent itself as an agent or employee of TOWN for any purpose in the performance of
CONTRACTOR'S duties under this contract. Accordingly, CONTRACTOR small be responsible for
payment of all federal, state and local taxes as well as business license fees arising out of
CONTRACTOR'S activities in accordance with this contract. For purposes of this contract taxes shall
include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance
taxes.
CONTRACTOR as an independent contractor, shall perform said services in a professional
manner and in accordance with the standards of applicable professional organizations and licensing
agencies.

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5. INSURANCE AND INDEMNITY
To the fullest extent permitted by laws and regulations, the CONTRACTOR shall indemnify and
hold harmless the TOWN and its officials, agents, and employees from and against all claims, damages,
losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of
engineers or architects, attorneys, and other professionals and costs related to court action or arbitration)
arising out of or resulting from the performance of this Contract or the actions of the CONTRACTOR or
its officials, employees, or contractors under this Contract or under the contracts entered into by the
CONTRACTOR in connection with this Contract. This indemnification shall survive the termination of
this agreement.
In addition, CONTRACTOR shall comply with the North Carolina Workers' Compensation Act
and shall provide for the payment of workers' compensation to its employees in the manner and to the
extent required by such Act. CONTRACTOR shall supply TOWN with certification of insurance for
workers' compensation coverage with North Carolina statutory limits.
CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage:
General Liability with Combined Single Limit Bodily Injury and Property Damage not
less than $1.000,000 and products and Completed Operations Liability not less than $1,000,000.
CONTRACTOR agrees to furnish TOWN a certificate of insurance from an insurance company,
licensed to do business in the State of North Carolina and acceptable to TOWN verifying the existence of
any insurance coverage required by TOWN. The certificate will provide for thirty (30) days advance
notice in tite event of termination or cancellation of coverage.
6. HEALTH AND SAFETY
CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs required by OSHA and all other regulatory agencies while providing services under this
contract.
7. NON-DISCRIMINATION IN EMPLOYMENT
CONTRACTOR shall not discriminate against any employee or applicant for employment
because of age, sex, race, creed, national origin disability or on the basis of sexual orientation or gender
expression/identity. CONTRACTOR shall take affirmative action to ensure that applicants are employed
and that employees are treated fairly and legally during employment with regard to their age, sex, race,
creed, national origin, disability or on the basis of sexual orientation or gender expression/identity. In the
event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation
of any non-discrimination provision of federal, state or local law or this provision, this Contract maybe
canceled, terminated or suspended in whole or in part by TOWN, and CONTRACTOR may be declared
ineligible for further TOWN contracts.
S. GOVERNINGLAW
This contract shalt be governed by and in accordance with the laws of the State of North Carolina.
All actions relating in any way to this contract shall be brought in the General Court of Justice in the
County of Orange and the State of North Carolina
9. AMENDMENT
This contract may be amended only in writing by mutual agreement by both parties.

10. TERMINATION OF AGREEMENT
This contract may be terminated at any time by either party by written notice of a minimum of ninety
Of) days.
This contract may be terminated for cause, by the non -breaching party notifying the breaching
party of a substantial failure to perform in accordance with the provisions of this contract and if the failure
is not corrected within ten (10) days of the receipt of the notification. Upon such termination, the parties
shall be entitled to such additional rights and remedies as may be allowed by relevant law.
Termination of this agreement, either with or without cause. shall not form the basis of any claim
for loss of anticipated profits by either party.
11. SUCCESSORS AND ASSIGNS
CONTRACTOR shall not assign its interest in this contract without the written consent of
TOWN. CONTRACTOR has no authoritv to enter into contracts on behalf of TOWN.
12. COMPLIANCE WITH LAWS
CONTRACTOR represents that it is in compliance with all Federal, State, and local laws,
regulations or orders; as amended or supplemented. The implementation or this contract will be carried out
in strict compliance with all Federal. State, or local laws regarding discrimination in employment.
13. NOTICES
All notices which may be required by this contract or any rule of law shall be effective when
received by certified mail sent to the following addresses:
TOWN OF CARRBORO
FINANCE OFFICER
301 WEST MAIN STREET
CARRBORO, NORTH CAROLINA, 27510
14. AUDIT RIGHTS
For all services being provided under this contract TOWN shall have the right to inspect
examine, and make copies of any and all books, accounts. invoices, records and other writings relating to
the performance of said services. Audits shall take place at times and locations mutually agreed upon by
both parties, although CONTRACTOR must make the materials to be audited available within one (1)
week of the request for them.
15, TOWN NOT RESPONSIBLE FOR EXPENSES
TOWN shall not be liable to CONTRACTOR for any expenses paid or incurred by
CONTRACTOR prior to the commencement date of contract, unless otherwise agreed in writing.
16. ENTIRE AGREEMENT
This Agreement and the attached document labeled "Attachment 1" shall constitute the entire
understanding between TOWN and CONTRACTOR and shall supersede all prior understandings and
agreements relating to the subject matter hereof and may be amended only by written mutual agreement of
the parties.

Auxiliary Assistant Waterways Management Representative
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17. HEADINGS.
The subject headings of the paragraphs are included for purposes of convenience only and shall
not affect tite construction or interpretation of any of its provisions.
is. E-VERIFY
The CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the North
Carolina General Statutes. CONTRACTOR shall require subcontractors to comply with the
requirements of Article 2, Chapter 64 of the North Carolina General Statutes.
19. IRAN DIVESTMENT ACT CERTIFICATION
Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final
Divestment List ("List") created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58.
Contractor shall not utilize any subcontractor that is identified on the List.
20. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL
Contractor certifies that Contractor has not been designated by the North Carolina State Treasurer
as a company engaged in the bovcott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibilityof
each contractor to monitor compliance with this restriction. Contracts valued at less than $1.000.00 are
exempt from this restriction
The CONTRACTOR hereby agrees that each clause of this CONTRACT has been read and
fully understands the meaning of the same and will comply with all of its terns.
Revision Date: 05 August 2015

TOWN OF CARRBORO
Signature
Title:
ATTEST
Date: S i
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Signature
Title: C/wh Date: Q'
CONTRACTOR
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Signature
Title: �izCSi�jDate: 07 09��
ATTEST
Signature
Title: f&'Z&EAP-
f Date: D? l/
This instrument ben pre -audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Finance Officer

8916 Oregon Islet Court
Raleigh, North Carolina 27603
Phone: [phone]
Fax: [phone]
July 6, 2019
Mr. Randy Dodd
Town of Carrboro
Public Works Department
301 W. Main St
Carrboro, NC 27510
RE: NPDES Stormwater Discharge Permit Compliance Services —FY 2019-2020
Proposal Number 219-074
i-17718V t&II7,13.AA
Stormwater Services Group is pleased to provide you with this proposal for NPDES
Stormwater Discharge Permit Compliance services. We understand that the Town of Carrboro
operates a municipal fleet maintenance garage in Carrboro, NC. This facility drains to Morgan
Creek, which is within the Jordan Lake watershed and the Cape Fear River basin. The facility is
subject to NPDES General Permit NCGO80000 as issued by NCDEQ. Compliance activities
required by the Permit during the 2019-2020 Fiscal Year include review & update the SWPPP,
semi-annual site inspections, semi-annual outfall monitoring, and employee training.
Stormwater Services Group can provide compliance activities as turnkey services. We propose
to provide our services on a task order basis as described below:
TASK 0001 — Review Stormwater Pollution Prevention Plan: This task will include all the
labor and materials necessary to review & update the stormwater pollution prevention plan
(SWPPP) for your facility in accordance with the current General Permit at Part II Section A.B.
We will conduct an on -site inspection of the facility, review your physical operations and
processes, identify new potential and actual pollutant sources, select additional best management
practices as appropriate, and provide a schedule for implementing the permit requirements. The
SWPPP review will include all elements required by the current permit. Our deliverable will
consist of new pages, tables, BMPs, and schedules which will be inserted into the current
SWPPP binder.
It is our policy to maintain strict client confidentiality and we will not disclose any findings
without your written percussion to a third party except that which is required by the Permit.
This task will occur in the Is' Quarter 2020.
The lump sum fee for Task 0001 will be $590.00. �D
AccOFTaskOOOI

Town of Carrboro
Proposal #219-074
Page 2
SwSG
TASK 0031— Semi -Annual Site Inspections: This task will include the labor and materials to
conduct a site inspection at your facility once every six months. This inspection will utilize the
appropriate forms and checklists provided in this facility's Stormwater Pollution Prevention
Plan. Items to be inspected include areas where hazardous materials are exposed to stormwater,
secondary containment structures, material delivery and storage areas, on -site storm drainage
systems, implemented BMPs, required Permit documentation, training records, review of the
SWPPP, and overall facility compliance with the Permit The site inspections should occur in
the Fall 2019 and Spring 2020.
Our deliverables will consist of the completed checklists and forms, and a report summarizing
our findings and any recommended BMPs or other actions.
Fail 2019: The lump sum fee for Task 0031a will �C
be $445.00.
Accept mktN131a
Spring 2020: The lump sum fee for Task 00316
will be $445.00. Accept Tac 0031 b
TASK 0032 — Stormwater Discharge Sample Collection and Analysis: This task will include
all the labor and materials necessary to collect, analyze, and report the findings of one
representative stormwater discharge gab sample from one outfal] at your facility as described in
the Permit at Part 11 Section B. Under this task, we will arrange with a North Carolina certified
laboratory for the analysis, we will visit the site to identify and prepare an appropriate outfall, we
will collect the sample during a valid storm event, and we will submit the analysis results to you
on a form approved by NCDEQ. The permit parameters for which we will analyze, measure,
and report will include Total Suspended Solids, Total Petroleum Hydrocarbons (EPA 1664b),
pH, and Total Rainfall.
Sample collection and analysis is required twice per year in accordance with General Permit
NCG080000 issued November 1, 2018.
The discharge sample collected under Task 0032 will represent the stormwater runoff from areas
of the facility where industrial activities occur. As this task is weather dependent, we cannot
guarantee a date by which the samples will be collected. we may have to collect the samples
after normal working hours; we will arrange access to the facility upon acceptance of this
proposal.
In previous years, we have collected samples at SDO-001 and SDO-005.
Fail 2019: The cost for Task 0032a is $625.00 per grab
sample for the first outfall, and 5335.00 for each
additional outfail at the same facility.
Accept Task 00320

Caffbor
Town al #219-07 SwS w
Proposal #219-074 u
Page 3
Spring 2020: The cost for Task 0032b is $625.00 per
grab sample for the first outfall, and $335.00 for each
additional outfall at the same facility.
Accept Task 0032b
TASK 0033: Qualitative Monitoring of Outfalls: Under this task, we will conduct, a single dry
weather and wet weather visual observation (qualitative monitoring) at each stormwater outfall
as described in the Permit at Part II Section D and submit the report on a form approved by
NCDEQ. The Permit requires that all outfalls discharging stormwater from industrial activity
areas of the facility will be visually observed once every six months. The fee for this task is for
one (1) set of visual observations to be conducted during one semi-annual period only.
There are five (5) outfalls at this facility subject to Qualitative Monitoring
Fail 2019: The lump sum fee for Task 0033a is $115.00
for the feat outfail and $25.00 for each additional
outfalL ul"D
Spring 2020: The lump sum fee for Task 0033b is Accept Task 0033a
S115.00 for the first outfall and $25.00 for each
additional outfall. -R L
Accept Task 0033b
TASK 0050 — Employee Training — Permit and SWPPP Compliance Workshop: Under this
task we will conduct one training workshop at your facility. We will develop a multi -media
presentation and prepare a workshop manual for five (5) employees. The workshop takes
approximately two hours and will include information and instruction on how to comply with the
Permit and the SWPPP, how to conduct required site inspections, how to collect and analyze
stormwater discharge samples, how to conduct required outfall observations, and how to
maintain Permit documents and records.
This workshop is intended for members of the SWPPT (stormwater pollution prevention team)
and will meet the training requirements as described in the current General Permit at Part II
Section A Paragraphs 6 and 9.
The lump sum fee for Task 0050 wa1 be 5990.00 per
workshop. The fee for each additional employee over
five will be $65.00. This task can be performed during
the 4' Quarter 2019.
Accept Ti6k 0050

Town of Carrboro
Proposal #219-074
Page 4
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All other services authorized by you but not described in a task above will be invoiced at the rate
of $105.00 per hour. Such services may include response letters to NCDEQ, meetings with
regulatory agencies, and BMP review and/ or design.
If you accept this proposal, initial the accepted tasks, sign below, and fax a copy to us. You may
instead issue a purchase order indicating the task(s) you wish to secure. Indicate on the purchase
order the task number, quantity, and our proposal reference number. Of course, do not hesitate
to call if you have any questions.
Terms are balance due upon receipt of invoice. A late charge of 1.5% per month will be added
to all charges more than 30 days overdue.
We look forward to working with you and the Town of Carrboro again. Please let us know if
there are other environmental services we can provide.
Sincerely,
ces Group, LLC
lames D. Frei
Senior Project Manager
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