WM0401521_WM0401521 permit application attachment 1_20240328

STATE OF NORTH CAROLINA CONTRACT NO:N042023
CONTRACTOR'S FEDERAL ID.: 45-2408773
THIS AGREEMENT ("AGREEMENT") is made and entered into by and between CES Group
Engineers, LLP, 3525 Whitehall Park, Suite 150, Charlotte, NC 28273 hereinafter referred to as
"CONTRACTOR,"and the North Carolina Department of Environmental Quality,217 West Jones
Street,Raleigh,North Carolina, 27603,hereinafter referred to as 'DEPARTMENT".
WITNESETH:
WHEREAS the DEPARTMENT is responsible for assessing and mitigating and/or remediating
environmental and human health risks posed by petroleum releases from underground storage
tanks (USTs)pursuant to N.C.G.S. § 143-215.94G and related statutes.
WHEREAS the DEPARTMENT is authorized to enter contracts for investigative, engineering,
and contractual services(including any ancillary procurements of goods, services,and equipment)
pursuant to Articles 3D and 8 of Chapter 143 of the North Carolina General Statutes to conduct
assessment and mitigation and/or remediation of petroleum releases from underground storage
tanks.
WHEREAS the DEPARTMENT is responsible for administering the Scope of Work(Attachments
2 and 5).
WHEREAS the DEPARTMENT has pursued an informal agreement with a qualified engineering
firm providing environmental engineering services beginning on April 21,2023.
WHEREAS,the CONTRACTOR has exhibited evidence of experience, ability, competence, and
reputation to perform environmental engineering services at contaminated sites; and
WHEREAS, the CONTRACTOR has expressed interest in meeting the DEPARTMENT's needs
for environmental assessment and remediation engineering services in an acceptable timeline.
WHEREAS, the DEPARTMENT has recommended CES Group Engineers, LLP as the
DEPARTMENT'S CONTRACTOR to perform certain investigative, remediation and/or
mitigation activities related to contamination from petroleum releases from sites in the State of
North Carolina.
NOW,THEREFORE,for and in consideration of the mutual promises to each other, as hereinafter
set forth,the parties hereto do mutually agree as follows:
1. PERFORMANCE: The CONTRACTOR hereby agrees to provide, in a manner
satisfactory to the DEPARTMENT, and as authorized on a task order/not-to-exceed basis,
technical services to investigate and mitigate the petroleum releases from assigned sites.
Services may include,but are not limited to the following:
a. Tasks as specified in Attachment 1 Scope of Work which is incorporated as part of
this AGREEMENT.
b. Special Conditions
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i. This AGREEMENT shall become effective on the last date of signature of
the undersigned.
ii. The DEPARTMENT shall provide the CONTRACTOR the
DEPARTMENT's current version of the North Carolina State-Lead
Leaking Underground Storage Tank Program Contract Task Management
Guidance ("Reasonable Rate Document") prior to execution of this
AGREEMENT and any subsequent updated versions upon their
availability. The CONTRACTOR shall comply with the terms of the Task
Management Guidance when conducting work pursuant to this
AGREEMENT.
The CONTRACTOR shall comply with and/or adhere to the
DEPARTMENT's current Goals and Expectations (Attachment 5), and
Reasonable Rate Document (RRD) in effect at the time of the requested
work and with any subsequent versions or other guidance provided to the
CONTRACTOR by the DEPARTMENT.
iv. The CONTRACTOR shall take necessary and reasonable precautions to
protect and prevent damage to the sites and surrounding lands. To the extent
practicable, the CONTRACTOR shall return areas of the site and any
affected surrounding lands, including any areas disturbed or damaged by
the CONTRACTOR or their subcontractors, to the condition that existed
prior to the CONTRACTOR's work.
V. In providing services to the DEPARTMENT under this AGREEMENT,the
CONTRACTOR is responsible for complying with all applicable local,
state, and federal laws and regulations, particularly in relation to the
handling, transportation and disposal of hazardous/petroleum wastes and
materials.
vi. The CONTRACTOR shall be responsible for conducting an underground
utility search and mark-out at the site prior to initiating any intrusive
investigations, including excavation and drilling activities.
vii. The CONTRACTOR shall be responsible for the proper storage, handling,
transporting, and disposal of contaminated investigation derived and
mitigation-derived wastes
viii. The CONTRACTOR shall be responsible for complying with applicable
local, state, and federal laws and regulations governing the permitting,
construction, and abandonment of wells at the site; and for obtaining all
required permits for the construction and operation (including
effluent/emissions discharges) of any remediation systems.
ix. The CONTRACTOR shall certify that all employees, including
subcontractor personnel,engaged in intrusive field activities at the site have
completed all OSHA-required health and safety training for
hazardous/petroleum waste sites.
X. The fee schedule,attached to this AGREEMENT as Attachment 2 (Current
RRD which will be mailed to each CONTRACTOR and can be found at
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https://deg.nc.gov/about/divisions/waste-management/under ound
storage-tanks-section/trust-fund-branch/reasonable-rate-documents ) and
incorporated herein by reference, shall be the basis for determining
appropriate task-specific costs. The unit prices shall be fixed for the term
of this AGREEMENT. The DEPARTMENT will reimburse pre-approved
costs listed on Attachment 2 and current RRD. In accordance with this fee
schedule, the DEPARTMENT will only reimburse pre-approved costs and
activities that are deemed reasonable and necessary by the DEPARTMENT.
Xi. In providing services to the DEPARTMENT under this AGREEMENT,the
CONTRACTOR is responsible for complying with the Personal
Qualifications and Task Descriptions Protocol attached to this
AGREEMENT as Attachment 3 and incorporated herein by reference.
2. AWARD AMOUNT: The DEPARTMENT hereby agrees to award the CONTRACTOR
up to $250,000.00 for services authorized by the DEPARTMENT, said sum to be
compensation for individual tasks, services,products,publications,or printed studies to be
rendered under this AGREEMENT. The DEPARTMENT, however, does not guarantee
any minimum number of tasks to be performed under this AGREEMENT and therefore
does not guarantee any amount of compensation.
3. TERM AND EXTENSIONS: The term of this AGREEMENT shall be ONE(1)year from
April 21 st, 2023. At the end of the Contract's term, the State shall have the option, in its
sole discretion, to renew the Contract on the same terms and conditions for up to two (2)
additional one-year terms, if mutually agreed to in writing by both parties and if the
CONTRACTOR'S performance to date has been satisfactory to the DEPARTMENT,
provided that sufficient funding remains available in accordance with the terms of this
AGREEMENT. The CONTRACTOR shall ensure that work performed under this
AGREEMENT shall be undertaken and completed in such sequence as to assure its
expeditious completion considering the purposes of this AGREEMENT.
4. NO OBLIGATION TO ASSIGN TASKS: Upon the CONTRACTOR'S completion, to
the DEPARTMENT'S satisfaction, of all tasks assigned to it by the DEPARTMENT and
the DEPARTMENT'S payment to the CONTRACTOR for such completed tasks assigned,
the DEPARTMENT shall be under no further obligation to administer any additional funds
or assign any additional tasks.
5. SUBMISSION OF INVOICES: The CONTRACTOR shall submit invoices only when
work corresponding to task orders approved by the DEPARTMENT has been completed
or monthly if tasks will take greater than ninety (90)days to complete. All invoices shall
be itemized with a cost breakdown by personnel and activity and include a brief description
of the activity. Billing time for personnel and equipment shall be on a half-hour basis.
6. TAXES: Any applicable taxes shall be invoiced as a separate item.
a. N.C.G.S. § 143-59.1 bars the Secretary of Administration from entering contracts
with Vendors if the Vendor or its affiliates meet one of the conditions of N.C.G.S.
105-164.8(b)and refuses to collect use tax on sales of tangible personal property to
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purchases in North Carolina. Conditions under G.S. 105-164.8(b) include: (1)
Maintenance of a retail establishment or office, (2) Presence of representatives in
the State that solicit sales or transact business on behalf of the Vendor and (3)
systematic exploitation of the market by media-assisted, media-facilitated, or
media-solicited means. By execution of the proposal document the Vendor certifies
that it and all its affiliates, (if it has affiliates), collect(s)the appropriate taxes.
b. The agency(ies) participating in the contract are exempt from Federal Taxes, such
as excise and transportation. Exemption forms submitted by the Vendor will be
executed and returned by the using agency.
C. Prices offered are not to include any personal property taxes, nor any sales or use
tax(or fees)unless required by the North Carolina Department of Revenue.
7. PAYMENT: The payment schedule to allocate funds set forth in paragraph 2 shall be paid
by the DEPARTMENT to the CONTRACTOR on a task order/cost-not-to-exceed basis,
based on itemized invoices. Payments by the DEPARTMENT shall be made within a
reasonable time following receipt of each complete, accurate, and properly submitted
itemized invoice. If the CONTRACTOR invoice contains errors or inadequate back-up
detail for individual cost items, payments shall be withheld until such problems are
corrected. No payment shall exceed the itemized invoiced amount. All CONTRACTOR's
invoices (including subcontracted work) are subject to the North Carolina False Claims
Act and violations of that Act are investigated by the North Carolina Attorney General who
has authority to recover any damages sustained by the DEPARTMENT caused by a
CONTRACTOR's violation of the Act. All payments to CONTRACTOR are dependent
upon and subject to the availability of funds to the DEPARTMENT for the purpose set
forth in this AGREEMENT. In the event insufficient funds are available to continue the
work under this AGREEMENT, it shall terminate in accordance with the provisions of
Section 15, herein, unless the PARTIES are able to agree on an amendment to the
AGREEMENT that alters the scope of work in accordance with such funds that may be
available.
8. PERSONNEL: The CONTRACTOR represents that it has secured or will secure, at his
own expense,all personnel required in performing the services under this AGREEMENT.
Such personnel shall be considered independent contractors and shall not be employees of
the DEPARTMENT.
9. SUBSTITUTION OF KEY PERSONNEL: Notwithstanding any other paragraph of this
AGREEMENT, the CONTRACTOR shall not substitute key personnel assigned to the
performance of this AGREEMENT without prior written approval by the Contract
Administrator (or its duly authorized agent). Any of the following individuals are
authorized to serve as key personnel for purposes of this AGREEMENT: Chuck Heleine,
Greg Hans,Dawn Crowell,Jennifer Pia and Brandon Newton and conform to the personnel
qualification listed in Attachment 3.
10. SUBCONTRACTING: None of the work to be performed under this AGREEMENT
which involves the specialized skill or expertise of the CONTRACTOR, or its employees
shall be subcontracted without prior written approval of the Contract Administrator(or its
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duly authorized agent),such consent not to be unreasonably withheld. In the event that the
CONTRACTOR subcontracts for any or all of the services or activities covered by this
AGREEMENT: (a) the CONTRACTOR is not relieved of any of the duties and
responsibilities provided in this AGREEMENT; (b) the subcontractor agrees to abide by
the standards contained herein or to provide such information as to allow the
CONTRACTOR to comply with these standards,and;(c)the subcontractor agrees to allow
state and federal authorized representatives access to any records pertinent to its role as a
subcontractor.
11. INSURANCE: During the term of this AGREEMENT, the CONTRACTOR at its sole
cost and expense (including the cost of all deductibles) shall provide and maintain
commercial insurance of such type and with such terms and limits as may be reasonably
associated with this AGREEMENT. Providing and maintaining adequate insurance
coverage is a material obligation of the CONTRACTOR and is of the essence of this
AGREEMENT. One or more insurance policies, including but not limited to umbrella
policies, may be used to reach the required limits. All such insurance shall meet all laws
of the State of North Carolina. Such insurance coverage shall be obtained from companies
that are authorized to provide such coverage and that are authorized by the Commissioner
of Insurance to do business in North Carolina. The CONTRACTOR shall always comply
with the terms of such insurance policies, and all requirements of the insurer under any
such insurance policies, except as they may conflict with existing North Carolina laws or
this AGREEMENT. The limits of coverage under each insurance policy maintained by the
CONTRACTOR shall not be interpreted as limiting the CONTRACTOR's liability and
obligations, or the indemnification requirements under this AGREEMENT. The
insurances required in this paragraph shall cover all losses incurred during the term of this
AGREEMENT, irrespective of when a claim is made.At a minimum,the CONTRACTOR
shall provide and maintain the following coverage and limits:
a. Worker's Compensation - The CONTRACTOR shall provide and maintain
Worker's Compensation Insurance, as required by the laws of North Carolina, as
well as employer's liability coverage with minimum limits of$1,000,000.00 for
each accident and the same amount for each employee for each disease, covering
all of CONTRACTOR's employees who are engaged in any work under this
AGREEMENT.
b. Commercial General Liability-The CONTRACTOR shall provide and maintain
Commercial General Liability insurance coverage on a Comprehensive Broad
Form on a per occurrence basis endorsed to cover premises, operations,
products/completed operations, personal injury, and contractual liability, at a
minimum limit of$1,000,000.00 for any one accident or occurrence
C. Professional Liability (Errors and Omissions) - The CONTRACTOR shall
obtain, at CONTRACTOR's expense, and keep in effect during the term of this
AGREEMENT, errors and omissions insurance covering liability for any damages
arising from negligent acts, errors and omissions of CONTRACTOR, its
professional services, subcontractors, agents, officers, or employees under this
AGREEMENT. Combined single limit per claim or occurrence (depending upon
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the type of policy) shall not be less than $2,000,000.00. Annual aggregate limit
shall not be less than$2,000,000.00.
d. Automobile - The CONTRACTOR shall obtain Automobile Liability Insurance,
to include liability coverage, covering all owned, rented, leased, hired and non-
owned vehicles, used in connection with this AGREEMENT. The minimum
combined single limit shall be $2,000,000.00 bodily injury and property damage;
$1,000,000.00 uninsured/under insured motorist; and $5,000 medical payments.
If any work is sublet, the CONTRACTOR shall require all subcontractors to provide and
maintain the minimum coverage amounts listed below. The limits of coverage under each
insurance policy maintained by the CONTRACTOR and/or any subcontractor shall not be
interpreted as limiting the CONTRACTOR's liability and obligations under the
AGREEMENT. The insurance coverage minimums for subcontractors under this
AMENDMENT shall be as follows:
a. Worker's Compensation—The CONTRACTOR shall require each subcontractor
to provide and maintain Worker's Compensation Insurance,as required by the laws
of North Carolina,as well as employer's liability coverage with minimum limits of
$500,000.00 for each accident and the same amount for each employee for each
disease, covering all of subcontractor's employees who are engaged in any work
under the AGREEMENT.
b. Commercial General Liability — The CONTRACTOR shall require each
subcontractor to provide and maintain Commercial General Liability insurance
coverage on a Comprehensive Broad Form on a per occurrence basis endorsed to
cover premises, operations, products/completed operations, personal injury, and
contractual liability, at a minimum limit of $500,000.00 any one accident or
occurrence.
C. Automobile — The CONTRACTOR shall require each subcontractor to obtain
Automobile Liability Insurance, to include liability coverage, covering all owned,
rented, leased, hired and non-owned vehicles, used in connection with the
AGREEMENT. The minimum combined single limit shall be $1,000,000.00
bodily injury and property damage; $500,000.00 uninsured/under insured motorist;
and $2,500.00 medical payments.
12. DELAYS IN WORK: If completion of any portion of the work is delayed for causes
beyond the control of and without the fault of the CONTRACTOR, and which could not
have been reasonably avoided or anticipated by the exercise of due care and prevention,
the time of performance of the work will be extended for a period equal to the delay.
Excusable delays shall include, without limitation, fire, power failures, any act of war,
hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform
under subcontracts, civil insurrection, earthquake, hurricane, tornado, other catastrophic
epidemic or pandemic, natural event, or Act of God.
13. CHANGE ORDERS REQUIRED: Except in an emergency endangering life or property,
no change shall be made by the CONTRACTOR except upon receipt of approved change
order from the DEPARTMENT's contract administrator or designee.
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14. REIMBURSEMENT FOR FAULTY OR DAMAGED WORK: Should the correction of
faulty or damaged work be considered inadvisable or inexpedient by the DEPARTMENT,
the DEPARTMENT shall be reimbursed by the CONTRACTOR. A change order will be
issued to reflect a reduction in the approved sum if not already reimbursed.
15. DEFAULT AND TERMINATION:
a. In the event of default by the CONTRACTOR, the State may, as provided by NC
law,procure goods and services necessary to complete performance hereunder from
other sources and hold the CONTRACTOR responsible for any excess cost
occasioned thereby. See, N.C.G.S. § 25-2-712. In addition, and in the event of
default by the CONTRACTOR under the AGREEMENT, or upon the
CONTRACTOR filing a petition for bankruptcy or the entering of a judgment of
bankruptcy by or against the CONTRACTOR, the State may immediately cease
doing business with the CONTRACTOR,terminate the Contract for cause,and take
action to recover relevant damages, and if permitted by applicable law, debar the
CONTRACTOR from doing future business with the State. 01 NCAC 05B.1520
b. If, through any cause, CONTRACTOR shall fail to fulfill in a timely and proper
manner the obligations under the AGREEMENT, including, without limitation, in
these North Carolina General Terms and Conditions, the State shall have the right
to terminate the AGREEMENT by giving thirty (30) days written notice to the
CONTRACTOR and specifying the effective date thereof. In that event, any or all
finished or unfinished deliverables that are prepared by the CONTRACTOR under
the AGREEMENT shall,at the option of the State,become the property of the State
(and under any applicable contractor license to the extent necessary for the State to
use such property), and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any acceptable deliverable completed (or partially
completed at the State's option) as to which such option is exercised.
Notwithstanding, CONTRACTOR shall not be relieved of liability to the State for
damages sustained by the State by virtue of any breach of the AGREEMENT, and
the State may withhold any payment due the CONTRACTOR for the purpose of
setoff until such time as the exact amount of damages due the State from such
breach can be determined. The State,if insecure as to receiving proper performance
or provision of goods deliverables, or if documented contractor services
performance issues exist, under this AGREEMENT, may require at any time a
performance bond or other alternative performance guarantees from
CONTRACTOR without expense to the State as provided by applicable law.
N.C.G.S. §143-52(a); 01 NCAC 05B.1521;N.C.G.S. § 25-2-609.
C. If this AGREEMENT contemplates deliveries or performance over a period,the State
may terminate this AGREEMENT for convenience at any time by providing sixty
(60)days'notice in writing from the State to the CONTRACTOR. In that event,any,
or all finished or unfmished deliverables prepared by the CONTRACTOR under this
AGREEMENT shall, at the option of the State, become its property, and under any
applicable contractor license to the extent necessary for the State to use such property.
If the AGREEMENT is terminated by the State for convenience,the State shall pay
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for those items or services for which such option is exercised, less any payment or
compensation previously made.
d. If the AGREEMENT is terminated by the DEPARTMENT as provided herein, the
CONTRACTOR shall immediately terminate all subcontractor agreements and
obligations that relate to work being performed under this AGREEMENT.
16. AVAILABILITY OF FUNDS: Any and all payments to the CONTRACTOR shall be
dependent upon and subject to the availability of funds appropriated or allocated to the
DEPARTMENT for the purposes set forth in the AGREEMENT.
17. FORM OF PUBLICATIONS: The CONTRACTOR shall ensure that all publications
produced because of this AGREEMENT are in portable document format (PDF). The
DEPARTMENT reserves the right to require submission of electronically saved data in
updated or different formats as technology changes.
18. CHANGES TO SCOPE OF SERVICES: The DEPARTMENT may, from time to time,
request changes in the scope of the services of the CONTRACTOR to be performed under
this AGREEMENT as the DEPARTMENT believes are warranted provided,however,that
the DEPARTMENT is not in any way obligated to request any such changes. Such
changes, including any increase or decrease in the amount of the CONTRACTOR'S
compensation,that are mutually agreed upon by and between the CONTRACTOR and the
DEPARTMENT, shall be incorporated in written amendments to this AGREEMENT.
19. EFFECT OF BANKRUPTCY: The filing of a petition of bankruptcy or insolvency by or
against the CONTRACTOR shall automatically terminate this AGREEMENT for default,
and the DEPARTMENT shall have the right to enter into a new AGREEMENT with any
subcontractor or another contractor to perform any remaining scope of the AGREEMENT
that had not been performed as of the date of CONTRACTOR'S bankruptcy. The
CONTRACTOR and any appointed trustee shall not have any interest in any unearned
amount under the AGREEMENT.
20. ASSIGNMENT OR DELEGATION OF DUTIES:
a. As a convenience to the CONTRACTOR, the State may include any person or
entity designated by the CONTRACTOR in writing as a joint payee on the
CONTRACTOR'S payment check. In no event shall such approval and action
obligate the State to anyone other than the CONTRACTOR.
b. If CONTRACTOR requests any assignment, or delegation of duties, the
CONTRACTOR shall remain responsible for fulfillment of all Contract
obligations. Upon written request, the State may, in its unfettered discretion,
approve an assignment or delegation to another responsible entity acceptable to the
State, such as the surviving entity of a merger, acquisition or a corporate
reorganization if made as part of the transfer of all or substantially all the
CONTRACTOR'S assets. 01 NCAC 0513.1507. Any purported assignment or
delegation made in violation of this provision shall be void and a material breach
of the AGREEMENT.N.C.G.S. § 143-58.
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21. NOTIFICATION TO DEPARTMENT: The CONTRACTOR shall notify both the
DEPARTMENT and Z. Vance Jackson,Jr.,217 West Jones Street,Office#2311,Raleigh
NC 27603, the Division of Waste Management, (NCDENR - Division of Waste
Management, 1646 Mail Service Center, Raleigh, NC 27699-1646) of any changes of
principal's registered address or corporate ownership.
22. RIGHT TO DOCUMENTS UNDER AGREMENT: The CONTRACTOR shall have no
copyright or other ownership in the reports, maps, or other documents produced in whole
or part under this AGREEMENT. The CONTRACTOR shall not apply for any copyright
for any reports, maps, or other documents produced in whole or in part under this
AGREEMENT, and CONTRACTOR hereby assigns all rights, including intellectual
property rights, in such reports, maps and other documents to the DEPARTMENT.
23. SITUS AND GOVERNING LAWS:
a. This AGREEMENT is made under and shall be governed by and construed in
accordance with the laws of the State of North Carolina, including, without
limitation, the relevant provisions of G.S. Chapter 143,Article 3, and the Rules in
01 NCAC Chapter 05, and any applicable successor provisions, without regard to
its conflict of laws rules, and within which State all matters, whether sounding in
Contract, tort or otherwise, relating to its validity, construction, interpretation and
enforcement shall be determined. G.S.22B-3.
b. CONTRACTOR shall comply with all laws, ordinances, codes, rules, regulations,
and licensing requirements that are applicable to the conduct of its business and its
performance in accordance with the AGREEMENT, including those of federal,
state, and local agencies having jurisdiction and/or authority, and including,
without limitation, the applicable requirements in the Federal Funds Provisions,
below.
C. Non-resident CONTRACTOR corporations not formed under NC law must be
domesticated in the Office of the NC Secretary of State to contract with the State
of North Carolina. G.S. 55A-15-01
24. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are
imposed which necessitate alteration of the goods, material, quality, workmanship, or
performance of the Services offered, prior to acceptance, it shall be the responsibility of
the CONTRACTOR to notify the State Contract Administrator indicated in the
AGREEMENT at once, in writing, indicating the specific regulation which requires such
alterations. The State reserves the right to accept any such alterations, including any price
adjustments occasioned thereby, or to cancel the AGREEMENT.
25. RELATIONSHIP BETWEEN PARTIES AND AUTHORITY OF CONTRACTOR:
a. The CONTRACTOR agrees that in all matters relating to this AGREEMENT, it
shall be acting as an independent contractor and not as any agent or employee of
the DEPARTMENT. Nothing in this AGREEMENT shall be construed to create a
joint venture or partnership between the CONTRACTOR and the DEPARTMENT.
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b. The CONTRACTOR has no authority to act or make any representations on behalf
of the DEPARTMENT. The DEPARTMENT will not be responsible for any
wrongful acts or omissions of the CONTRACTOR, including but not limited to the
CONTRACTOR'S subcontractors and suppliers.
26. ACCESS TO PERSONS AND RECORDS: During, and after the term hereof during the
relevant period required for retention of records by State law (G.S. 121-5, 132-1 et seq.,
typically five years),the State Auditor and any Purchasing Agency's internal auditors shall
have access to persons and records related to the AGREEMENT to verify accounts and
data affecting fees or performance under the AGREEMENT, as provided in G.S. 143-
49(9). However, if any audit, litigation,or other action arising out of or related in any way
to this project is commenced before the end of such retention of records period,the records
shall be retained for one(1)year after all issues arising out of the action are finally resolved
or until the end of the record retentions period,whichever is later.
27. CONFIDENTIALITY: CONTRACTOR information that cannot be shown to be, e.g., a
trade secret,may be subject to public disclosure under the terms of the State Public Records
Act(SPRA),beginning at G.S. 132.1. Blanket assertions of confidentiality are not favored,
but confidentiality of specific material meeting one or more exceptions in the SPRA will
be honored. CONTRACTORs are notified that if the confidentiality of material is
challenged by other parties, the CONTRACTOR has the responsibility of defending the
assertion of confidentiality. G.S. 143-52(a).
28. CONDITION AND PACKAGING: Unless otherwise expressly provided by special terms
and conditions or specifications in the AGREEMENT or by express, specific federal law
or rule, it is understood and agreed that any item offered or shipped has not been sold or
used for any purpose, is newly manufactured, and shall be in first class condition. All
containers/packaging shall be suitable for handling, storage,or shipment.
29. CARE OF STATE DATA AND PROPERTY: The CONTRACTOR agrees that any and
all data,property, equipment,and information associated with, including but not limited to
assessment, remediation, risk abatement or provision of alternate water that is purchased
for the site will be the property of the DEPARTMENT and will remain at that site until the
DEPARTMENT deems necessary to dispose, remove, transfer or relocate the equipment
to another site or holding facility. The risk of loss is upon the CONTRACTOR until the
date of completion, but the DEPARTMENT shall pay reasonable costs, agreed to in
advance, for securing said property.
a. Any State data, property, equipment, or information (i.e. data, instruments,
statistics, documents, surveys, studies, reports, addresses of property owners, etc.)
given to or prepared or assembled by or provided to the CONTRACTOR under the
AGREEMENT shall be kept as confidential, used only for the purpose(s)required
to perform the AGREEMENT and not divulged or made available to any individual
or organization without the prior written approval of the State.
b. The State's data, property, equipment, or information in the hands of the
CONTRACTOR shall be protected from unauthorized disclosure, loss, damage,
destruction by a natural event or another eventuality. The CONTRACTOR agrees
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to reimburse the State for loss or damage of State property or equipment while in
CONTRACTOR's custody. Such State Data shall be returned to the State in a form
acceptable to the State upon the termination or expiration of this AGREEMENT.
C. The CONTRACTOR shall notify the State of any security breaches within 24 hours
as required by G.S. 14313-1379. For further information, see, G.S. 75-60 et seq.
Notice is given to the CONTRACTOR that the NC DEPARTMENT of Information
Technology (DIT) has requirements relating to the security of the State network,
and rules relating to the use of the State network, IT software and equipment, that
the CONTRACTOR must comply with, as applicable. See, e.g., G.S. 14313-1376.
30. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY: CONTRACTOR
shall hold and save the State, its officers,agents,and employees, harmless from liability of
any kind, including costs and expenses, resulting from infringement of the rights of any
third party in any Services or copyrighted material, patented or patent-pending invention,
article, device, or appliance delivered in connection with the AGREEMENT.
a. CONTRACTOR warrants to the best of its knowledge that:
i. Performance under the AGREEMENT does not infringe upon any
intellectual property rights of any third party; and
ii. There are no actual or threatened actions arising from,or alleged under,any
intellectual property rights of any third party.
b. Should any deliverables supplied by CONTRACTOR become the subject of a claim
of infringement of a patent, copyright, trademark or a trade secret in the United
States, the CONTRACTOR, shall at its option and expense, either procure for the
State the right to continue using the deliverables, or replace or modify the same to
become non-infringing. If neither of these options can reasonably be taken in
CONTRACTOR's judgment, or if further use shall be prevented by injunction,the
CONTRACTOR agrees to cease provision of any affected deliverables and refund
any sums the State has paid CONTRACTOR for such deliverables and make every
reasonable effort to assist the State in procuring substitute deliverables. If, in the
sole opinion of the State,the cessation of use by the State of any such deliverables
due to infringement issues makes the retention of other items acquired from the
CONTRACTOR under this AGREEMENT impractical, the State shall then have
the option of terminating the AGREEMENT, or applicable portions thereof,
without penalty or termination charge; and CONTRACTOR agrees to refund any
sums the State paid for unused Services or other deliverables.
C. The CONTRACTOR, at its own expense, shall defend any action brought against
the State to the extent that such action is based upon a claim that the deliverables
supplied by the CONTRACTOR, their use or operation, infringe on a patent,
copyright, trademark or violate a trade secret in the United States. The
CONTRACTOR shall pay those costs and damages finally awarded or agreed in a
settlement against the State in any such action. Such defense and payment shall be
conditioned on the following:
i. That the CONTRACTOR shall be notified within a reasonable time in
writing by the State of any such claim; and
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ii. That the CONTRACTOR shall have the sole control of the defense of any
action on such claim and all negotiations for its settlement or compromise
provided, however, that the State shall have the option to participate in
such action at its own expense.
d. CONTRACTOR will not be required to defend or indemnify the State to the extent
any claim by a third party against the State for infringement or misappropriation
results solely from the State's material alteration of any CONTRACTOR-branded
deliverables or Services, or from the continued use of the Services or other
deliverables after receiving written notice from the CONTRACTOR of the claimed
infringement.
31. GENERAL INDEMNITY:The CONTRACTOR shall hold and save the State,its officers,
agents,and employees,harmless from liability of any kind, including all claims and losses
accruing or resulting to any other person, firm, or corporation furnishing or supplying
work, Services, materials, or supplies in connection with the performance of the
AGREEMENT, and also from any and all claims and losses accruing or resulting to any
person,firm,or corporation that may be injured or damaged by the CONTRACTOR in the
performance of the AGREEMENT that are attributable to the negligence or intentionally
tortious acts of the CONTRACTOR, provided that the CONTRACTOR is notified in
writing within 30 days from the date that the State has knowledge of such claims. The
CONTRACTOR represents and warrants that it shall make no claim of any kind or nature
against the State's agents who are involved in the delivery or processing of
CONTRACTOR deliverables or Services to the State. As part of this provision for
indemnity, if federal funds are involved in this procurement,the CONTRACTOR warrants
that it will comply with all relevant and applicable federal requirements and laws and will
indemnify and hold and save the State harmless from any claims or losses resulting to the
State from the CONTRACTOR's noncompliance with such federal requirements or law in
this AGREEMENT. The representations and warranties in the preceding two sentences
shall survive the termination or expiration of the AGREEMENT. The State does not
participate in indemnification due to Constitutional restrictions, or arbitration, which
effectively and unacceptably waives jury trial. See, G.S. 2213-3,-10.
32. The parties certify and warrant that no gratuities, kickbacks, or contingency fee(s) were
paid in connection with this AGREEMENT,nor were any fees,commissions,gifts,or other
considerations made contingent upon the award of this AGREEMENT. CONTRACTOR
shall also not engage in any of the foregoing conduct during the performance of this
AGREEMENT.
33. ADVERTISING: CONTRACTOR agrees not to use the existence of the AGREEMENT
or the name of the State of North Carolina as part of any commercial advertising or
marketing of products or Services except as provided in 01 NCAC 0513.1516. A
CONTRACTOR may inquire whether the State is willing to be included on a listing of its
existing customers.
34. NON-DISCRIMINATION COMPLIANCE:
12

a. The CONTRACTOR will take affirmative action in complying with all State
requirements and laws concerning fair employment and employment of people with
disabilities, and concerning the treatment of all employees without regard to
discrimination by reason of race,color,religion,sex,national origin or disability or
rights, such as preserved by Governor Roy Cooper Order E.O. 24 or 25, and will
take necessary action to ensure that its internal employee policies and procedures
are consistent with Executive Order#82 (Roy Cooper, December 6, 2018), which
extends workplace protections and accommodations to pregnant employees.
b. Federal Law, such as the following, applies as provided for therein: Titles VI and
VII of the Civil Rights Act of 1964(PL 88-352),and the regulations issued pursuant
thereto (prohibiting discrimination on the basis of race, color, national origin, and
ensuring that individuals are employed, and that employees are treated during
employment,without regard to their race,color,creed,national origin,sex,or age);
Title IX of the Education Amendments of 1972 (codified as amended at 20 U.S.C.
§ 1681 et seq.) (prohibiting discrimination on the basis of sex); Titles I, 11, 111, IV,
and V of the Americans with Disability Act of 1990(prohibiting discrimination on
the basis of disability); Section 504 of the Rehabilitation Act of 1973 (codified as
amended at 29 U.S.C. § 794)(prohibiting discrimination on the basis of handicap);
the Age Discrimination Act of 1975 (codified as amended at 42 U.S.C. § 6101 et
seq.) (prohibiting age discrimination); Executive Order 11063 as amended by
Executive Order 2259; and Section 109 of the Housing and Community
Development Act of 1974, as amended.
35. DESIGNATION OF CONTRACT ADMINISTRATOR: DEPARTMENT'S contact is
currently designated as the Contract Administrator (project coordinator) for the Division.
The DEPARTMENT reserves the right to replace the Contract Administrator, and should
it do so, it shall notify the CONTRACTOR verbally or in writing within thirty (30) days
following such replacement. Regardless of who serves as Contract Administrator, no
change in the scope of the AGREEMENT that will increase or decrease the
CONTRACTOR's compensation shall be effective unless and until it has been approved
by the DEPARTMENT Head or Authorized Agent. All notices and communications
between the DEPARTMENT and CONTRACTOR shall go through the Contract
Administrator or through an authorized agent of the Contract Administrator in consultation
with the Contract Administrator.
36. DEGREE OF SKILL AND CARE REQUIRED: The CONTRACTOR will perform its
services using that degree of skill and care ordinarily exercised under similar conditions by
reputable members of CONTRACTOR's profession.
37. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations
hereunder if and so long as it is prevented from performing such obligations as a result of
events beyond its reasonable control, including without limitation fire,power failures,any
act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to
perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, other
catastrophic epidemic or pandemic,natural event or Act of God.
38. CERTIFICATIONS: CONTRACTOR certifies to each of the following:
13

a. That this quote or proposal is submitted competitively and without collusion, as
required by N.C.G.S. § 143-54
b. That none of CONTRACTOR'S officers,directors or controlling owners have been
convicted of any violations of Chapter 78A of the General Statutes, the Securities
Act of 1933, or the Securities Exchange Act of 1934(N.C.G.S. § 143-59.2)
C. That CONTRACTOR is not an ineligible CONTRACTOR as set forth in N.C.G.S.
§ 143-59.1
d. That no employee or agent of CONTRACTOR has offered,and no State employee
has accepted, any gifts or gratuity in connection with this AGREEMENT, in
violation of N.C.G.S. § 133-32; and
e. That CONTRACTOR, and each of its sub-contractors under this AGREEMENT,
complies with the requirements of Article 2 of Chapter 64 of the NC General
Statutes,including the requirement for each employer with more than 25 employees
in North Carolina to verify the work authorization of its employees through the
federal E-verify system, as required by N.C.G.S. §143-48.5.
f. That CONTRACTOR(a)has neither used nor will use any funds or compensation
earned under this AGREEMENT for payments to lobbyists; (b) will disclose the
name,address,payment details and purpose of any agreement with lobbyists whom
CONTRACTOR or its subtier contractor(s) or subgrantee(s) will pay with profits
or non-appropriated funds on or after December 22, 1989,and(c)will file quarterly
updates about the use of lobbyists if material changes occur in their use.
g. That the CONTRACTOR is following the Assurances - Non-Construction
Programs attached to this AGREEMENT as Attachment 4 and incorporated herein
by reference.
39. ELECTRONIC RECORDS: The State will digitize all contractor responses to the relevant
solicitation, if not received electronically,as well as any awarded AGREEMENT together
with associated procurement-related documents. These electronic copies shall constitute a
preservation record and shall serve as the official record of this procurement with the same
force and effect as the original written documents comprising such record. Any official
electronic copy, printout other output readable by sight shown to reflect such record
accurately shall constitute an "original."
40. ENTIRE AGREEMENT: This AGREEMENT (including any documents mutually
incorporated specifically herein) resulting from a relevant solicitation represents the entire
AGREEMENT between the parties and supersedes all prior oral or written statements or
AGREEMENTS. All promises, requirements, terms, conditions, provisions,
representations, guarantees, and warranties contained herein shall survive the
AGREEMENT expiration or termination date unless specifically provided otherwise
herein, or unless superseded by applicable Federal or State statutes of limitation.
41. AMENDMENTS: This AGREEMENT may be amended only by written amendment duly
executed by the State and the CONTRACTOR.
14

42. NO WAIVER: Notwithstanding any other language or provision in this AGREEMENT or
in any CONTRACTOR supplied material, nothing herein is intended nor shall be
interpreted as a waiver of any right or remedy otherwise available to the State under
applicable law. The waiver by the State of any right or remedy on any one occasion or
instance shall not constitute or be interpreted as a waiver of that or any other right or
remedy on any other occasion or instance.
43. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in the
AGREEMENT, nothing herein is intended nor shall be interpreted as waiving any claim or
defense based on the principle of sovereign immunity or other State or federal
constitutional provision or principle that otherwise would be available to the State under
applicable law.
44. This AGREEMENT shall be binding upon the Parties upon execution by the undersigned.
This AGREEMENT shall become effective on the last date of the signatures by the
DEPARTMENT.
The CONTRACTOR and the DEPARTMENT have executed this AGREEMENT on the day and
year last written below.
North Carolina Department of
CES Group Engineers LLP, Environmental Quality
(Owner,Partner, or Corp.Pres., or Elizabeth S Biser, Secretary
Vice Pres. Only) (or authorized agent)
By: oS, By:
Date: V—kN .M �DLk .QO:D3 Date:
15

ATTACHMENT 2
SCOPE OF WORK
UNDERGROUND STORAGE TANKS BRANCH
ENVIRONMENTAL ENGINEERING SERVICES AGREEMENTS
Each of the selected CONTRACTORS must provide, in a manner satisfactory to the
DEPARTMENT,and as authorized on a task order/not-to-exceed basis,technical services to assess
and mitigate petroleum releases from underground storage tanks and,where necessary,to provide
potable water at various sites. Services may include, but are not limited to the following:
A. Preparing site-specific work plans (including technical proposals and cost
estimates)for specific technical tasks.
B. Reviewing of site files and conducting site reconnaissance, property
ownership determination, right-of-entry acquisition, and receptor surveys.
C. Conducting various hydrogeologic and contaminant assessment activities,
including well installation, groundwater sampling, surface water and
sediment sampling, soil gas sampling, indoor air sampling, soil sampling,
buried waste sampling, aquifer testing, human exposure assessments
(evaluation of site-specific risks to potential receptor populations from site-
related contamination), and other tasks related to comprehensive
assessment of groundwater, surface water, sediment, soil, soil gas, and
indoor air at designated sites.
D. Conducting various geophysical assessment activities
E. Conducting various land surveying activities.
F. Preparing notices for DEPARTMENT approval and recording notices and
land use restriction documents.
G. Preparing site-specific mitigation plans providing an evaluation of various
mitigation alternatives for groundwater,surface water(including wetlands),
sediment, soil and/or vapor and the preparation of design drawings and bid
documents for various mitigation systems.
I I. Conducting an evaluation of the technical feasibility and cost-effectiveness
of preferred water supply alternatives; said alternatives to include the
provision of alternate water supply systems (point-of-entry carbon
treatment systems, bottled water, and extension of public water lines).
I. Coordinating and overseeing demolition of structures including the disposal
of demolition debris.
J. Managing and overseeing specialty and engineering subcontractors,
vendors or CONTRACTOR personnel involved in the installation,
operation, and maintenance of various mitigation systems at designated

ATTACHMENT 2
sites. The CONTRACTOR shall select subcontractors based on
qualifications and cost using a minimum of three quotes from different firms
unless the work is known not to exceed $5,000 or the CONTRACTOR
demonstrates there are not three firms available to provide quotes. The
DEPARTMENT and the CONTRACTOR shall jointly review all
remediation subcontractor qualifications and quotes and jointly select all
remediation subcontractors.All subcontracts exceeding$500,000,or lesser
amount if so,established by directive of the DEPARTMENT, shall comply
with Article 8 of Chapter 143 of the North Carolina General Statutes for
formal sealed competitive bids.
K. Preparing and submitting all required permit applications for the
construction and operation of various mitigation systems at designated sites,
including NPDES(National Pollutant Discharge Elimination System, non-
discharge, and air quality permit applications as may be required by the
DEPARTMENT or other governmental agency; development and
implementation of procedures designed to expedite acquisition of such
permits so that site cleanups may proceed as quickly and effectively as
possible.
L. Implementing site-specific mitigation plans, including management and
oversight of all phases of site remediation.
M. Preparing and implementing site-specific health and safety plans, under the
supervision of a qualified health and safety officer, to ensure compliance
with all applicable OSHA regulations for worker safety and for the health
and safety of nearby residential and business communities during all phases
of site assessment and remediation.
N. Preparing and submitting all required reports and any miscellaneous
documentation as requested by the DEPARTMENT or Contract
Administrator according to schedule(s)agreed to by both parties; submittal
of site-specific project status summaries (technical progress, identification
of problems/delays, and cost updates)to the DEPARTMENT at the time of
invoice submittal.
O. Providing as-needed technical and administrative support as needed at
public hearings or public meetings to discuss elements of proposed
mitigation plans. Also, as needed technical and administrative support in
providing expert testimony at hearings, meetings, depositions, and in
litigation involving the DEPARTMENT related to the Inactive Hazardous
Sites Cleanup Fund expenditures at Inactive Hazardous Sites.
P. Preparing and submitting documents in portable document format (PDF)
and/or digital format (TIFF minimum 300 DPI) as directed by the
DEPARTMENT.

ATTACHMENT 2
2023-2026 STATE-LEAD PROGRAM AGREEMENT FEE SCHEDULE
Personnel Level Hourly Rate
Principal $170.00
Senior $150.00
Project $130.00
Staff $95.00
Technician $80.00
Draftsperson/CAD $80.00
Word Processor/Clerical $60.00
If the DEPARTMENT determines that a site-specific scope of work exceeds what is outlined in the
Reasonable Rate Document(RRD)in affect at the time,it may be augmented on atime and materials
(T&M)basis.These would be exceptional cases,and do not imply that routine reimbursement is the
fee schedule plus T&M.
Bid Ouotes
Bid quotes in accordance with the RRD in affect at the time may be required for activities that exceed
$5,000.At a minimum,the CONTRACTOR shall comply with the requirements of paragraph J of
Attachment 2 in relation to competitive bidding and all other aspects of Article 8 of Chapter 143 of
the North Carolina General Statutes when hiring subcontractors for subcontracted activities
exceeding$5,000.
Subcontractor Fees
Where established in the RRD in affect at the time, subcontractors' costs are not to exceed the
established rate and will be reimbursed at the lesser of the actual invoiced amount or maximum
rate.
Laboratory Fees
The CONTRACTOR is free to use whatever lab that they choose if there is no increase in cost to
the DEPARTMENT,i.e., out of state labs with increased shipping costs. The max rate listed within
the RRD in affect at the time is the analytical rate at which the CONTRACTOR may bill regardless
of the rate that the CONTRACTOR may have negotiated with a preferred vendor since the
CONTRACTOR is responsible for the QA/QC of the lab data and any lab errors that are made.
Administrative Project Management
This is the cost to prepare and submit task authorization requests and invoices for payment in
accordance with the DEPARTMENT'S requirement. Price will be for each TA/Invoice set prepared.
Reimbursed at$350.00.
UST Removal
Although these tasks are indicated as being non-reimbursable in the RRD in affect at the time,under
this AGREEMENT these tasks are eligible for reimbursement and will be bid out and reimbursed at
cost.Time to oversee the physical tank removal will be reimbursed as T&M.

ATTACHMENT 2
Rein
When conducting Aggressive Fluid Vapor Recovery (AFVR) or Mobile multi-phase extraction
(MMPE), the Free product (FP) Recovery Report will be allowed along with any Monitoring or
CAP Performance Report if these activities are being conducted. Any absorbent socks or hand
bailing activities are to be reported in the corresponding monitoring or CAP Performance Reports
unless approved to be conducted as a standalone activity in which the FP Recovery Report will be
allowed.AFVR and MMPE are not considered to be remedial technologies for the purposes of the
CAP Performance Report.
Due Dates
As described in the 2023 State-Lead Program (SLP) Goals and Expectations document, it is the
responsibility of the CONTRACTOR to communicate with your SLP project manager about
deliverable dates or extensions. The DEPARTMENT reserves the right to reduce payment for
deliverables that are more than ten (10) days late by five (5) percent and an additional one (1)
percent each day thereafter for deliverables that are late, except for those that are late through no
fault of the CONTRACTOR. Tardiness due to forgetfulness or over extension of the
CONTRACTOR are the prime examples for this stated penalty.
Health& Safety Plan
This is your company's health and safety plan to be developed once for each site unless there is a
significant change in site work. For example, going from simple sampling to drilling, or to
operation of a remedial system. Reimbursed at$375.00.

ATTACHMENT 3
PERSONNEL QUALIFICATIONS AND TASK DESCRIPTIONS
The following qualifications and task descriptions are for those personnel who will be involved
in activities for the IHSB.
PERSONNEL AND QUALIFICATIONS TASK DESCRIPTIONS
Principal Engineer/Geologist/Hydrogeologist/Scientist -Expert Testimony at public hearings or meetings
Administrative and/or professional head of the organization or and/or litigation
contractor. Responsible for conceiving and executing plans and -Assist the DEPARTMENT'S attorneys in legal
functions of the organization. Directs the professional staff. strategies
Normally has a financial interest in the company as partial owner, -Depositions
major investor or stockholder,or officer. Charges an extremely -Contract Oversight(limited)
limited number of hours per site as the principal.This position
should never bill field or field supervision hours.
Senior Engineer/Geologist/Hydrogeologist/Scientist -Expert Testimony at public hearings or meetings
Typically requires an advanced degree. Requires professional and/or litigation
registration when applicable, 8 years of experience in technical or -Site strategy and planning
managerial roles, and compliance regulations. Serves as senior -Contract oversight
technical leader and contract oversight for environmental remediation -Reviews technical reports
projects of medium to large scope and /or complexity and has -Reviews Corrective Action Plans
developed substantial expertise in the field of practice. Generally, -Reviews Engineering/remedial system design
supervises Project Managers and oversees several projects. Has -Health and safety coordinator
limited involvement in projects. Duties typically include reviewing -Reviews site safety plans
reports, developing strategies, and attending client and/or associated
project meetings. Responsible for approving designs, reports, plans,
and specifications before submittal to the IHSB. If significantly
involved in a highly technical project, should have substantial
technical expertise directly related to the project.Ensures compliance
of field service operations with OSHA safety standards. Addresses
public health concerns.
Project Engineer/Geologist/Hydrogeologist/Scientist -Project management
Typically possesses a Bachelor of Science degree in engineering, -Site strategy and planning
geology, hydrogeology, or a directly related field. Serves as manager -Develop site health and safety plans
for entire project and has at least 5 years of experience in the -Engineering/remedial system design
environmental field. Duties typically include preparing proposals, -Data review and analysis
reviewing reports, developing strategies, and attending client and/or -Report review
associated project meetings. Under general supervision, prepares -Site meetings and reconnaissance
environmental design and plan specifications for site remedial -On-site supervision(periodic)
activities. Leads and supervises teams of staff and technician level -Work plan preparation
personnel but would have a limited number of hours charged to each -Site investigation planning
site, and only a small percentage of total field hours. Serves as site -Field work planning
technical expert or supervisor for hydrogeological site characterizations -Site Inspection(periodic)
and remediation activities and tests,and assembly of reports,plans,and
specifications.

ATTACHMENT 3
Staff Engineer/Geologist/Hydrogeologist/Scientist -Report preparation
Requires a bachelor's degree in engineering,geology,hydrogeology,or -Field work preparation/planning
related science and 1 to 5 years of experience in the environmental field. -Supervises site investigation and remediation
Works under supervision of the project manager to perform routine activities
tasks related to environmental investigation and remediation projects. -Site reconnaissance and mapping
Is the primary person responsible for gathering field data and is -Engineering/remedial system design and
competent at data analysis?Must be able to conduct investigation and installation
remedial activities including drilling and monitoring well installation, -Limited data review and analysis
sampling,site layout and geologic mapping, writing field notes, basic -On-site health and safety supervisor
analysis, and compiling data. Must have knowledge of QA/QC
procedures and protocol.This position will normally be highest in the
number of hours billed to on-site work. However, technicians (see
below)should conduct routine or on-going monitoring.
Technician -Field work preparation
Typically requires a high school diploma, certified or licensed -Operation and maintenance of equipment
tradesperson,or an associate degree.Person may also have a bachelor's -Well developing and sampling
degree with less than 1 year of experience in the environmental field. -Soil sampling
Requires minimal training and experience in the environmental field. -Handling of investigation and remediation derived
Responsible for general supervision of the installation, maintenance, wastes
and repair of on-site equipment. Routine monitoring and collection of -Remedial system installation,operation,and
samples and equipment maintenance/operating logs.Under appropriate maintenance
supervision, performs routine labor tasks associated with on-site -Limited contractor supervision
installation, maintenance, and repair of on-site equipment. Well -Monitoring activities
development and collects soil and groundwater samples. -Surveying using GPS and standard methods
Draftsperson/CAD -Drafting
Typically requires a high school diploma. Requires 2 — 8 years of -CAD/CADD work
experience or 2 years of related college and more than 1 year of -Cartography
experience. Generally, requires a Technical Drawing Certificate, and -Plotting of GPS and standard survey data
advanced drafting skills such as Computer Aided Drafting(CAD) &
Design(CADD)operations.
Word Processor/Clerical -Spreadsheets
Operates computer for work processing, spreadsheets, and statistical -Report generation
typing,correspondence report generation,general office work,typing, -Word processing
and filing. -Typing
-Filing
-General secretarial
-Document re roduction

ATTACHMENT 4
ASSURANCES—NON-CONSTRUCTION PROGRAMS
The CONTRACTOR certifies that regarding:
1. DEBARMENT AND SUSPENSION - To the best of its knowledge and belief that it and
its principals:
a. are not presently debarred,suspended,proposed for debarment,declared ineligible,
or voluntarily excluded from covered transactions by any Federal DEPARTMENT
or agency.
b. have not within a 3-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining,attempting to obtain,or performing a public(Federal,
State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
C. are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification; and
d. have not within a 3-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local)terminated for cause of default.
2. LOBBYING- To the best of its and its principals' knowledge and belief,that:
a. no Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant,
loan, or cooperative agreement;
b. if any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the Federal contract, grant,
loan or cooperative agreement,the undersigned shall complete and submit Standard
Form-LLL, 'Disclosure Form to Report Lobbying" in accordance with its
instructions.
3. DRUG-FREE WORKPLACE REQUIREMENTS - It and its principals will comply by:
a. publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited
in the CONTRACTOR'S workplace and specifying the actions that will be taken
against employees for violation of such prohibition.

ATTACHMENT 4
b. establishing a drug-free awareness program to inform employees about-
i. the dangers of drug abuse in the workplace.
ii. the CONTRACTOR'S policy of maintaining a drug-free workplace.
any available drug counseling, rehabilitation, and employee assistance
programs; and
iv. the penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
C. making it a requirement that each employee to be engaged in the performance of
the contract be given a copy of the statement required by paragraph(a)above.
d. notifying the employee in the statement required by paragraph (a) above, that as a
condition of employment under the CONTRACT,the employee will:
i. abide by the terms of the statement; and
ii. notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction.
e. Notifying the agency within ten days after receiving notice under subparagraph
(d)(2) above, from an employee or otherwise receiving actual notice of such
conviction.
f. taking one of the following actions within 30 days of receiving notice under
subparagraph(d)(2)above,with respect to any employee who is so convicted-
taking appropriate personnel action against such an employee, up to and
including termination; or
2. requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency.
g. making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs(a), (b), (c), (d), (e), and(f) above.
AND -The CONTRACTOR and its principals further certify that they:
4. Will comply with the provisions of the Hatch Act which limit the political activities of
employees whose principal employment activities are funded in whole or in part with
Federal funds; and
5. Will comply,as applicable,with the provisions of the Davis-Bacon Act,the Copeland Act,
and the Contract Work Hours and Safety Standards Act regarding labor standards for
federally assisted construction sub agreements; and
6. Will comply with all applicable requirements of all other state and federal laws, executive
orders (including Executive Order 24—Gift Ban), regulations and policies governing this
program; and

ATTACHMENT 4
7. Will comply with the Jessica Lunsford Act, including Section 14.208.18 of the North
Carolina General Statutes,which provides that it is unlawful for any person required to
register as a sex offender under the North Carolina Law to knowingly be within 300 feet of
any location intended primarily for the use ,care, or supervision of minors, including but not
limited to, Schools.

ATTACHMENT 5
2020-2023 FEDERAL& STATE LEAD PROGRAM(SLP)
GOALS AND EXPECTATIONS
Welcome to our new and returning SLP contractors. The SLP looks forward to working with each
of you over this contract period. We realize that all of you are accustomed to working with the
UST Section in a regulatory and/or reimbursement capacity for RP-Lead sites. However, for these
contracts the SLP project managers are your clients when it comes to the sites assigned to you. As
your client, our expectations, as should be yours, is to receive a quality product for the assigned
sites.
Principal Parties Telephone Number Email Address
Administrator: Z.Vance Jackson 919-707-8232 [e-mail]
Administrator: Wayne Randolph 919-323-7443 [e-mail]
STF Staff Members:
Herbert Berger 919-707-8170 herbert.beraerna ncdenr gov
Thomas Chapman 910-796-7406 [e-mail]
Kristie Osequera 919-707-8260 Kristie.osa uerana ncdenr gov
Contract Manager: Mark Petermann 336-776-9688 [e-mail]
Contract Manager: Scott Ryals 919-707-8168 [e-mail]
gov
FTF Staff Members:
Linda Blalock 919-707-8165 linda.blalock&cdenr ov
Sharon Ghiold 919-707-8166 [e-mail]
gov
Hassan Osman 1 919-707-8167 [e-mail]
Goal: Close petroleum contaminated sites in the most cost effective and human health protective
manner possible. We expect the SLP consultants to provide professional, sufficiently detailed
documents with well thought out conclusions and recommendations that will lead ultimately to
final closure. Risked based standards should be used to the maximum extent practicable and risk
mitigation is typically the most cost-effective pathway to site closure. In most cases, SLP project
managers will issue the final closure documents.
Authorization: General Statute 143-215.94G grants the Department the authority to conduct
assessment and remediation at Leaking underground storage tanks (LUST) sites. By conducting
this work, it in no way establishes the Department as the responsible party for these releases.
Work authorized or conducted as part of the SLP does not establish precedent for you to
conduct the same work at your RP-Lead sites.
Funding: Currently,the only source of funding in your contracts is from State Commercial Funds.
Additional Federal Funds may be added if granted. Each of these funding sources comes with
specific limitations and it is very important that the correct funding source be used and that you
keep an accurate accounting of the monies remaining in your contracts.
The SLP monitors the contract status of the funds for our accounting needs; however, the
CONTRACTOR must also track the budgets to facilitate potential discrepancies that may arise.
The funding limitations are as follows:

ATTACHMENT 5
• Commercial Funds—These funds can only be used on Commercial sites in either the State
or Federal Programs that are above the current state mandated funding bar.
• Federal Funds—These are funds from the US EPA LUST Grant and can only be used on
Commercial sites. There is no funding bar limitation to these funds, but the sites must be
designated as Federal-Lead sites. These funds may not be used on Non-Commercial sites.
Contracts: The AGREEMENTS will expire two (2) years after the date of signing unless
amended. Each AGREEMENT is not to exceed $3.25 million, in commercial funds, and any
federal funds as available. The contract numbers are as follows:
E__ - E 9J
Please use these numbers on ALL your proposals and invoices so that the budget can be tracked
properly.
Organization: The SLP is divided into the same seven regional offices that the Corrective Action
Branch of the UST Section has (Asheville, Fayetteville, Mooresville, Raleigh, Washington,
Wilmington,and Winston-Salem(including Guildford County). Sites are divided relatively evenly
among the eight State-Lead project managers across all counties of the state.
Please make sure that when you submit reports,proposals, invoices, or any other correspondence,
that you direct it to the correct project manager.
Work Area: The sites that will be assigned are state-wide and it is expected that your services
will be applied state-wide. The SLP will make every effort to assign sites as close to your office
locations as possible to allow for efficient management of the sites. In those instances, where it is
necessary to assign a site beyond 250 miles round trip from your closest office,then mileage will
be reimbursed at the mileage rates in effect at the time that work is being performed for mileage
in excess 250 miles round trip under Task Code 12.010 in addition to the mobe fee allowed under
Task Code 12.050 and the temporary economic increase fee under 12.055. Mileage documentation
will be required for reimbursement.
File Review: It is expected that the contractor will review all existing site data, including but not
limited to, incident information, site history, corrective action reports, permit files. All SLP files
have now been scanned and are available electronically on the UST Section's Laserfiche site. The
contractor must have the ability to read and manipulate PDF and TIF files. The contractor will be
allowed$500 per NEW incident assigned. Returning contractors carrying on work from the most
recent contract period are not eligible for this reimbursement. Upon completion of this activity,
an initial Conceptual Site Model (CSM)of the site should be developed. More detailed CSMs that
are requested will be done on a time and materials basis.
Report Formats: All report formats should comply with the outlines given in the Guidance for
Assessment and Guidelines for Corrective Action and the outline for the SLP.

ATTACHMENT 5
Common report errors/omissions:
Field Notes: These should be included at the back of ALL reports or the applicable deliverable
and should not replace the text therein. They should be detailed enough that anyone reading them
can understand the work that was conducted. For example, time arrived, who was present, what
was done,and time left, and other noteworthy site or surrounding area characteristics or features.
Iso-concentration Maps: If the contractor is completing a SLP Report,then iso-concentration maps
for up to the top five contaminants driving the work at the site should be included with the report.
The level of presentation and number of maps should be discussed with the project manager.
Report Recommendations: All conclusions and recommendations must be supported by the
information presented in the report. If you make a vapor intrusion recommendation, it must be
supported by the results, observations, and in accordance with guidance from the Division. The
recommendations should answer two questions; 1) What are the immediate actions necessary for
the protection of human health, and 2) What are the future actions that are necessary to reduce the
risk of the site leading to site closure?All reports are public information and as such they should
be able to stand up to public review. Before preparing the draft report, findings and
conclusions and recommendations should be discussed with the project manager.
Report Submittal: Reports are to be submitted in DRAFT form, no signatures, or seals, once
they have completed your firm's internal QA/QC, to the appropriate project manager. These are
to be electronic submittals. Once the report has been approved by the SLP project manager, the
final SIGNED AND SEALED report is to be submitted electronically using the following naming
convention:
USTNumber IncidentNumber Group_Type_YYYYMMDD.
The SLP will send out to the CONTRCTOR, monthly, a running list of the sites that it shows to
be assigned to each CONTRACTOR with the site incident number, name, basic scope of work
assigned,assigned date, and expected or received date(a+/-will also be listed). This information
can be used to develop the semi-annual report.
Semi-Annual Reports: Semi-annual reports should be submitted electronically by the first week
of July and January with a subsequent face to face meeting following within two weeks. The semi-
annual report format should be an Excel worksheet that lists the site name, incident number,and a
brief description of the work conducted at each site during the reporting period. The report should
also include a description of work to be completed during the next quarter and a tentative schedule
for the work. There are approximately 1,000 active sites within the SLP, and these reports will be
our update. Please understand that your recommendations may not be acted upon immediately as
they will be weighed against ALL the needs within the SLP.
The purpose of these activities is to ensure that sites are not forgotten or fall through the cracks.
With multiple CONTRACTORS and SLP project managers, it is easy to overlook sites. This
should also aid the CONTRACTOR in making sure that they can provide the deliverables in a
timely manner as indicated below.

ATTACHMENT 5
Proposals/Task Authorizations(TAs): Unlike RP-Lead work,ALL work performed as part of
this contract MUST be pre-approved. Each contractor will be free to generate their own proposal
document but it must contain the following minimum information: incident name, number,
location — city, county, regional office, contractor name, contractor project manager, contractor
phone number, SLP project manager,any contractor specific project number, amount requested, a
clear breakdown of the activities being proposed using the correct task codes with QTY,Rate, and
total line item cost, and a final cost. A text box with additional information is required. The cost
of every activity cannot be determined up front; however, the proposals need to be as accurate as
possible since once the TA is issued, it encumbers the money from the contract. If an activity is
to be bid, such as tank removals, water lines, etc., provide a proposal for the bid process and then
once you have been notified by the PM of the winning bid, submit a proposal for the bidded
activity,along with ALL the bid documents to the appropriate project manager. It is not generally
recommended to have TAs for long periods of time (i.e., Annual sampling) as these tend to
generate cost overruns due to lack of review; however, it is up to the discretion of the project
manager to determine the duration of a TA.
Change Orders: The SLP staff realizes that change orders to task authorizations may be
necessary, but when calling or e-mailing for a change order, specify what the change order is
requesting. DO NOT conduct the work first and then assume the cost will be approved for
payment. If you cannot contact the PM, call one of the others on the list. If you receive verbal
authorization,you must submit a written request for the change order within 24 business hours or
as agreed upon with the project manager.
Invoices: Invoices are to be submitted electronically. Invoices are not to be submitted any
more frequently than once a month, either at the end or at the beginning of the month and should
not be submitted until the tasks associated with the TA have been completed and the associated
report is received by this office. Subcontracted services such as drilling, or lab services will need
to be supported by invoices from the subcontractor providing the service. Weight tickets will need
to be supplied to support excavation activities. Weight tickets must meet the statutory
requirements set forth in the Weights and Measures Law and 2 NCAC 38.0500. Please remove
all bank account, FEIN, and other PPE information. Payment for complete invoices will be
made within 30 days of receipt of the complete invoice and all supporting documentation. Please
do not contact us or the accounting staff as to the status of a payment unless the payment is beyond
the 30-day period as this simply slows the processing of the invoices. The only exception to this
is in June when the state ceases making payments so that all budgets can be reconciled for the
current state fiscal year. Check writing resumes about the second week of July, the beginning of
the new state fiscal year.
Additional Insurance Requirement: If additional insurance is required by a property owner or
company, then such insurance will be evaluated by the Department and reimbursed if determined
reasonable and necessary.
Work Completion Schedule: All work should be completed in accordance with the contract
terms. Except for the initial assignment of projects, a proposal should be submitted within 10
business days of assignment and work should commence within 30 days of approval of the TA.
Reports are to be submitted within 30 days of receipt of the lab data or completion of the field
activities whichever is first. You will be responsible for notifying the appropriate project manager

ATTACHMENT 5
with an explanation of any delays. If you are not capable of gaining access to a site, you must
notify the project manager of the problem if it is going to result in a deviation from the schedule.
When receiving lab data that indicates any detection in a water supply well, you MUST
submit the analytical report along with the well owner's name and address immediately to
the appropriate project manager. DO NOT wait and submit it with the report.
Below are the SLP's target times for work completion:
a. Proposal Submittal from Date of Assignment: 10 business days
b. Bid Specification completion: 30 business days
c. Completion of approved TA (no drilling/sampling): 30 business days
d. Completion of approved TA (sampling only): 45 business days
e. Completion of approved UST Removal TA: 45 business days
f Completion of approved TA(Drilling required): 60 business days
g. Emergency Response: 2 business day
QA/QC: It is the expectation of the SLP staff that you will review all work for completeness and
accuracy before submitting it. These reports are signed and sealed by professionals and should
reflect that. Check headers and footers, check table headings, check that the information in the
table of contents matches the report, check that the contents of the analytical tables match the lab
results, check dates, etc. You will need to explain deviations from the TA or site-specific
conditions that required changes. Explain your lab data if there is a narrative supplied by the lab.
If you have had e-mail correspondence with a project manager while conducting the work, this
should be reflected within the report narrative. Please be sure to pay attention to the TAs which
includes the fund information and the project manager. You should submit all reports and
questions to the project manager requesting the work. Failure to do so will result in payment
delays.
Contact Information: Most of the correspondence between the SLP staff and the contractors will
be via e-mail. You are responsible for notifying the SLP staff of changes to primary contact
information. At a minimum you should supply two main points of contact for your firm
knowledgeable about the SLP sites.
Performance: The SLP is required to track the deliverables being submitted for internal reporting
purposes.The contractor should also maintain their own tracking of projects to follow the quarterly
reporting requirement listed above. It is important that each contractor work with their PMs on
deliverable dates and contact their PMs if work is going to be delayed due to site-specific reasons,
weather, sub-contractor delays, illness, etc. Deadline extensions must be requested and justified
at least 30 days before the established deadline. Each contract manager will be sent an update on
the deliverable tracking on a quarterly basis. If delays continue,a written notice will be sent to the
contractor with the expectation that additional resources be allocated to correct the issues. If the
issue persists, the SLP will take appropriate action, including reduction in payment of the
deliverable and up to and including potential termination of the contract.
Invoices will be reviewed prior to payment. If a contractor has submitted a proposal for work that
violates that scope of work and that work was approved (i.e., TA was issued),the completed work

ATTACHMENT 5
will be reimbursed, but the contractor will receive a written notice of the violation. Oversights by
the SLP do not excuse the contractor of requesting work not in accordance with the scope of work.
If the issue persists, the SLP will take appropriate action, including potential termination of the
contract.