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HomeMy WebLinkAboutWM0401533_Monitoring well permit application WM0401533_20240514 2725 East Millbrook Road Iff Suite 121 Aff Raleigh, NC 27604 WF A Tkc Tel: 919-871-0999 Fax: 919-871-0335 ENVIRONMENTAL • GEOTECHNICAL www.atcgroupservices.com BUILDING SCIENCES • MATERIALS TESTING N.C. Engineering License No.C-1598 May 9, 2024 Ms. Shuying Wang, Hydrogeologist North Carolina Department of Environmental Quality Division of Water Resources Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem,NC 27105 Re: Permit to Construct Groundwater Monitoring Wells Patches Body Shop 1903 E. Green Drive High Point, Guilford County,North Carolina ID No. NONCD0002880 State Contract No. N091319 Dear Ms. Wang: Enclosed please find one application for a permit to construct three temporary groundwater monitoring wells. The groundwater monitoring wells will be located at 1903 E. Green Drive (PIN 7800838423-000), High Point, Guilford County, North Carolina. The permit application, site map with the proposed locations of the monitoring wells, well construction details and other relevant information are enclosed as attachments. The work is being performed for the Division of Waste Management, Inactive Hazardous Sites Branch (IHSB) as part of a work authorization associated with our IHSB contract. John Walch is the IHSB project manager for this site. Please review this package and return the approved permit to this office or via email to Larr .George&oneatlas.com. Drilling is currently scheduled to commence on Tuesday, May 21, 2024. If you have any questions or require additional information, please contact our office at (919) 948-3549. Sincerely, ATC Associates of North Carolina, P.C. Larry M. George, P.G. Principal/Senior Project Manager NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM PLEASE TYPE OR PRINT CLEARLY In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto, application is hereby made for a permit to construct monitoring or recovery wells. FOR OFFICE USE ONLY 1. Date: May 9, 2024 2. County: Guilford PERMIT NO. ISSUED DATE 3. What type of well are you applying for?(monitoring or recovery): Monitoring 4. Applicant: NCDEQ, DWM Telephone: (919)707-8200 Applicant's Mailing Address: NCDEQ IHSB—Superfund Section, 1646 Mail Service Center, Raleigh, NC 27699-1746 Applicant's Email Address(if available): Send to contact person listed below 5. Contact Person (if different than Applicant): Larry George,ATC Associates of NC, PC Telephone: (919)947-3549 Contact Person's Mailing Address: 2725 E. Millbrook Road, Suite 121, Raleigh, NC 27604 Contact Person's Email Address(if available): Iarry.george oneatlas.com 6. Property Owner(if different than Applicant): Johnson Family Bravo Limited Telephone: (910)890-5872 Property Owner's Mailing Address: 1207 Yorkshire Drive, High Point, NC 27262 Property Owner's Email Address(if available): Unknown 7. Property Physical Address(Including PIN Number) 1903 E. Green Drive(PIN 7800838423-000) City High Point County Guilford Zip Code 27262 8. Reason for Well(s): Assess for potential groundwater contamination (ex: non-discharge permit requirements, suspected contamination, assessment,groundwater contamination, remediation, etc.) 9. Type of facility or site for which the well(s)is(are)needed: Inactive Hazardous Site (ex: non-discharge facility,waste disposal site, landfill, UST, etc.) 10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s). Yes, Patches Body Shop, IHSB Site (ID NONCD0002880) 11. Type of contaminants being monitored or recovered: VOCs (ex: organics, nutrients, heavy metals, etc.) 12. Are there any existing wells associated with the proposed well(s)? If yes, how many? none Existing Monitoring or Recovery Well Construction Permit No(s).: N/A 13. Distance from proposed well(s)to nearest known waste or pollution source(in feet): Unknown 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? Unknown If yes, give distance(s): 15. Well Contractor: SAEDACCO Certification No.: 3576 Well Contractor Address: 9088 Northfield Drive, Fort Mill, SC 29707 PROPOSED WELL CONSTRUCTION INFORMATION 1. As required by 15A NCAC 02C .0105(f)(7),attach a well construction diagram of each well showing the following: a. Borehole and well diameter e. Type of casing material and thickness b. Estimated well depth f. Grout horizons C. Screen intervals g. Well head completion details d. Sand/gravel pack intervals Continued on Reverse PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2. Number of wells to be constructed in unconsolidated 5. How will the well(s)be secured? Locking well cap material: 3 Temporary 3. Number of wells to be constructed in bedrock: 0 6. Estimated beginning construction date: 5/21 4. Total Number of wells to be constructed: 3 7. Estimated construction completion date: 5/22 (add answers from 2 and 3) ADDITIONAL INFORMATION 1. As required by 15A NCAC 02C .0105(f)(5), attach a scaled map of the site showing the locations of the following: a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads, intersections, streams, or lakes within 500 feet of the proposed well or well system. b. All existing wells, identified by type of use,within 500 feet of the proposed well or well system. C. The proposed well or well system. d. Any test borings within 500 feet of proposed well or well system. e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas)within 500 feet of the proposed well or well system. SIGNATURES The Applicant assumes total responsibility for ensuring that the well(s)will be located, constructed, maintained, and abandoned in accordance with 15A NCAC 02C. Contractor for NCDEQ DWM(see attached contract) Signature of Applicant or*Agent Title of Applicant or*Agent Lawrence M. George, P.G(contractor for NCDEQ DWM) *If signing as Agent, attach authorization agreement stating Printed name of Applicant or*Agent that you have the authority to act as the Agent. If the property is owned by someone other than the Applicant, the property owner hereby consents to allow the Applicant to construct well(s)as outlined in this Well Construction Permit application and acknowledges that it shall be the responsibility of the Applicant to ensure that the well(s)will be located, constructed, maintained, and abandoned in accordance with 15A NCAC 02C. See attached access agreements See attached access agreement Signature of Property Owner(if different than Applicant) Printed name of Property Owner(if different than Applicant) DIRECTIONS Please send the completed application to the appropriate Division of Water Resources' Regional Office: Asheville Regional Office Raleigh Regional Office Wilmington Regional Office 2090 U.S. Highway 70 3800 Barrett Drive 127 Cardinal Drive Extension Swannanoa, NC 28778 Raleigh, NC 27609 Wilmington, NC 28405 Phone: (828)296-4500 Phone: (919)791-4200 Phone: (910)796-7215 Fax: (828)299-7043 Fax: (919)571-4718 Fax: (910)350-2004 Fayetteville Regional Office Washington Regional Office Winston-Salem Regional Office 225 Green Street, Suite 714 943 Washington Square Mall 450 W. Hanes Mill Road Fayetteville, NC 28301-5094 Washington, NC 27889 Suite 300 Phone: (910)433-3300 Phone: (252)946-6481 Winston-Salem, NC 27105 Fax: (910)486-0707 Fax: (252)975-3716 Phone: (336)776-9800 Fax: (336)776-9797 Mooresville Regional Office ` Win to Sale 610 East Center Avenue Mooresville, NC 28115 ✓L al gh Phone: (704)663-1699 r Fax: (704)663-6040 J ' s 'lls —� le F etttville Will-ngton GW-22M/R(Rev.5-26-2022) Cn 6i J w m Ur m 0 Of LU U Q U � o FRANKLIN AV u N S 0 a -- �-•� �� O Z c y O a 0 i. m � ' 1 d = 3 o m d O 0 � o m o (L Lij _j _ L O O Z _ ca� LW U (, Qf n O � b � � N f C � C N Z 0 C C # U)O N (/ ? m C H m V IDLL N O Z U E GREEN DR U Q � O z >: o z , Q V Q Op a RAGA N �u Q o U Lu00 U s AV v a ODOOC) Q F- Q = z LL N a U) J O c W — O O} Lu 25 C) > m Ur z n W U) U) — O Q 500 foot Buffer a_ w Q O z Guilford County Parcels J U CO _ E W < M - - Temporary Monitoring Well 5/2/2024 U 0 50 100 150 200 250 1" - 125' Feet 7,777, 1 0 STA7E 4- ROY COOPER RECEIVED ED Governor - ELIZABETH S.BISER Secretary DEC n`, ZO23 *zoo MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality Superfund Section PROPERTY ACCESS AND SAMPLING PERMISSION I am the owner of the property at 1903 E. Green Drive, High Point, Guilford County. I grant the Division of Waste Management and/or its contractors' permission to access my property and collect samples as indicated below from my property. Soil X Groundwater Other(include description) Alme) (Telephone Number) ature) (Date) Please return this signed form in the enclosed stamped envelope to: Mr.John W. Walch Inactive Hazardous Sites Branch Division of Waste Management 1646 Mail Service Center Raleigh,North Carolina 27699 John Walch Patches Body Shop, Guilford County IHSB ID: NONCD0002880 DE Q North Carolina Department of Environmental Quality I Division of Waste Management i 217 West Jones Street 1 1646 Mail Service Center I Raleigh,North Carolina 27699-1646 4p"6n""dB" '°uiM 919.707.8200 R ROY COOPER NORTH CAROLINA Goremor Environmental Quality MICHAEL S.REGAN Secretary MICHAEL SCOTT Director November 22, 2019 Mr. Larry George ATC Associates of North Carolina, P.C. 2725 East Millbrook Road, Suite 121 Raleigh, NC 27604 Re: Executed Orphan Sites Contract Agreement Contact No. N091319 Dear Mr. George: Please find attached the executed Orphan Sites Contract Agreement. We look forward to working with you and your staff. Please do not hesitate to contact me at any time regarding the contract. Sincerely, )6AVU �. 4,& (), Bruce E. Lefler,Jr. Contract Administrator Inactive Hazardous Sites Branch Attachment DEQ" Not Ili Carolina Department oftnvironmentalQuality I Division of Waste Management 217 West)ones Street 11646 16fatl5ervice Center I Raleigh.North Carolina 27699 1646 919707,8200 STATE OF NORTH CAROLINA CONTRACT NO:N091319 CONTRACTOR'S FEDERAL ID.: 56-2095821 THIS AGREEMENT ("AGREEMENT") is made and entered into by and between ATC Associates of North Carolina, P.C. at 2725 East Millbrook Road, Suite 121, Raleigh, NC 27604 hereinafter referred to as"CONTRACTOR,"and the North Carolina Department of Environmental Quality,hereinafter referred to as "DEPARTMENT"; WITNESSETH: WHEREAS, the DEPARTMENT is responsible for assessing and mitigating and/or remediating environmental and human health risks posed by inactive hazardous substance or waste disposal sites (Inactive Hazardous Sites)for which there is no viable responsible party or at high risk sites where the responsible party will not perform needed assessment, mitigation, and/or remedial activities pursuant to N.C. Gen. Stat. § 130A-310.6 and related statutes; WHEREAS, the Department is authorized to enter into 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 Inactive Hazardous Sites; WHEREAS, the DEPARTMENT is responsible for administering the Scope of Work; WHEREAS, the CONTRACTOR has exhibited evidence of experience, ability, competence and reputation to perform environmental engineering services at contaminated sites; and WHEREAS,the DEPARTMENT has recommended,the ATC Associates of North Carolina,P.C. as the Department's contractor to perform certain investigative, remediation and/or mitigation activities related to contamination at Inactive Hazardous 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. 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 Inactive Hazardous 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 i. Specific CONTRACTOR tasks to be performed under this AGREEMENT shall be authorized on a task order/not-to-exceed basis following submittal of site or task specific work plans (including schedules and costs) by the CONTRACTOR; no task shall be initiated by the CONTRACTOR until written authorization has been received from the DEPARTMENT's Contract Administrator (or its duly authorized agent); Page 1 of 11 authorized scopes of work and costs may be adjusted by the DEPARTMENT's Contract Administrator (or its duly authorized agent) after approving the adjustment requested by the CONTRACTOR prior to completion of the tasks for which the adjustment is necessary; such adjustments may be approved orally by the DEPARTMENT's Contract Administrator (or its duly authorized agent), however, a written request for the adjustment, including its justification must be submitted to the DEPARTMENT within 48 hours of the DEPARTMENT's oral approval; provided, the DEPARTMENT reserves the right to determine,after review of the written request for adjustment, that the requested adjustment was not reasonable and necessary and is therefore not reimbursable; ii. The DEPARTMENT shall provide the CONTRACTOR the DEPARTMENT's current version of the North Carolina Inactive Hazardous Sites Branch(IHSB)Contract Task Management Guidance ("Task Management Guidance") 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; iii. The Contractor shall comply with and/or adhere to the Department's current Inactive Hazardous Sites Branch Guidelines for Assessment and Cleanup 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 non-disposal 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 wastes and materials; vi. The CONTRACTOR shall be responsible for conducting an underground utilities 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; Page 2 of I 1 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 waste sites; x. The fee schedule, attached to this AGREEMENT as Attachment 2 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 contract. The DEPARTMENT will reimburse pre-approved costs listed on Attachment 2. 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. The DEPARTMENT hereby agrees to pay the CONTRACTOR up to$5,000,000 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. The term of this AGREEMENT shall be five years from its effective date. This AGREEMENT may be extended for a period of two years or for as much additional time as is needed to complete ongoing projects, 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 exists. The CONTRACTOR shall ensure that work performed under this AGREEMENT shall be undertaken and completed in such sequence as to assure its expeditious completion in light of the purposes of this AGREEMENT. 4. 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. The CONTRACTOR shall submit invoices only when work corresponding to task orders approved by the DEPARTMENT has been completed or on a monthly basis if tasks will take greater than 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. 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 Page 3 of 11 the North Carolina Attorney General who has authority to recovery any damages sustained by the Department caused by a Contractor's violation of the Act. Any and 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 fiends are available to continue the work under this AGREEMENT, it shall terminate in accordance with the provisions of Section 14, 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. 7. 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. 8. 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: Lawrence George and Kevin R. Sommers. 9. 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 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. 10. 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 at all times 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 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: Page 4 of 11 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 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 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: E. 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. F. 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. G. 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. 11. 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 Page 5 of 11 will be extended for a period equal to the delay. Excusable delays shall include, without limitation,acts of God or the public enemy;acts of federal,state,local,or foreign governments; acts of DEPARTMENT's agents;fires,floods,epidemics;strikes;riots;freight embargoes;and unusually severe weather. Such delays shall not be the result of lack of labor or equipment resources. 12. 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. 13. 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. 14. The DEPARTMENT may terminate this AGREEMENT for convenience at any time for any reason satisfactory to the DEPARTMENT by giving five days prior notice in writing to the CONTRACTOR of such termination and specifying the reason(s) thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other materials prepared by the CONTRACTOR shall, at the option of the DEPARTMENT, become the DEPARTMENT's property. The CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. All final invoices shall be submitted by the CONTRACTOR to the DEPARTMENT within 30 days of AGREEMENT termination. The CONTRACTOR shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this AGREEMENT, and the DEPARTMENT may withhold payment to the CONTRACTOR for the purpose of set off until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. In case of default by the CONTRACTOR, the DEPARTMENT may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess cost occasioned thereby. 15. 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. It is understood and agreed between the CONTRACTOR and the DEPARTMENT that all payments to the CONTRACTOR under this AGREEMENT are expressly contingent upon the availability of funds provided to the DEPARTMENT. 17. The CONTRACTOR shall ensure that all publications produced as a result 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. 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 Page 6 of 11 CONTRACTOR and the DEPARTMENT,shall be incorporated in written amendments to this AGREEMENT. 19. Subject to Paragraph 26 below, any information (i.e., data, documents, statistics, surveys, studies, reports, addresses of property owners, etc.) given to or prepared or assembled by the CONTRACTOR under this AGREEMENT shall be kept as confidential by it and not divulged or made available by it to any individual or organization without the prior written approval of the DEPARTMENT. This information shall not be used to promote or market the CONTRACTOR's services, including solicitation of such services, for the entire duration of this AGREEMENT. 20. 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 contract with any subcontractor or another contractor to perform any remaining scope of the subcontract 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. 21. The CONTRACTOR shall not assign or transfer any interest in this AGREEMENT. Upon written approval from the DEPARTMENT, the CONTRACTOR may use the services of its affiliate firms under this AGREEMENT. 22. The CONTRACTOR shall notify both the DEPARTMENT (Tommy Kirby, 217 West Jones Street,Office#5414, Raleigh NC 27603) and 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. 23. 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. 24. This AGREEMENT is made under and shall be governed and construed in accordance with the laws of the State of North Carolina without regard to its choice of law provisions or decisions. It is agreed between the parties hereto that the place of this AGREEMENT, its situs and forum, shall be Wake County, North Carolina, and in said County and State shall all matters,whether sounding in contract or tort relating to the validity,construction,interpretation and enforcement of this AGREEMENT,be determined. 25. 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. 26. The CONTRACTOR agrees that the State has the right to audit the records of the CONTRACTOR pertaining to this AGREEMENT both during performance and for 36 months after completion or termination. The CONTRACTOR must retain all records relating to this AGREEMENT and shall allow employees or agents of the DEPARTMENT to inspect such Page 7 of 11 records during the period of time set out herein. The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. The DEPARTMENT's Auditors shall have the same right to audit as the State Auditor. 27. The CONTRACTOR agrees that any and all equipment 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. 28. The CONTRACTOR agrees that it shall be responsible for the proper custody and care of any DEPARTMENT-owned property furnished for use in connection with the performance of this AGREEMENT and will reimburse the State for its loss or damage, excluding normal wear. 29. This AGREEMENT represents the entirety of the agreements and covenants between the DEPARTMENT and CONTRACTOR with respect to the subject matter hereof and accordingly cannot be amended or modified except by written instrument executed by the parties hereto and for good and valuable consideration. 30. 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. 31. The CONTRACTOR warrants that its design, engineering,plans, specifications,performance and/or remedial work will not infringe the copyright, patent or other property rights of any other person. 32. The CONTRACTOR shall indemnify, defend, and save and hold harmless the DEPARTMENT, its officers, agents and employees, 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 this AGREEMENT, and 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 and/or its subcontractors in performance of this AGREEMENT and that are attributable to the negligence or intentionally tortious acts of the CONTRACTOR and/or any of its subcontractors. Except for a claim against the DEPARTMENT for non-payment of amounts properly owed but not paid to the Contractor, the CONTRACTOR represents and warrants that it shall not make claims of any kind or nature against the Department. The CONTRACTOR further represents and warrants that it shall not make claims of any kind or nature against the Department's officers,agents and/or employees except to the extent permitted by this AGREEMENT and/or other applicable law. The representations, warranties, and other obligations contained in this paragraph shall survive the termination or expiration of this AGREEMENT. Page 8 of 11 33. Except as permitted by law, the DEPARTMENT does not waive its sovereign immunity by entering into this AGREEMENT and fully retains all immunities and defenses provided by law with respect to any action based on this AGREEMENT. 34. 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. 35. The CONTRACTOR agrees not to use the existence of this AGREEMENT or the name of the State of North Carolina or any agency thereof as part of any commercial advertising. 36. The CONTRACTOR certifies that it(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 nonappropriated 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. 37. The CONTRACTOR certifies that it is in compliance with the Assurances—Non Construction Programs attached to this AGREEMENT as Attachment 4 and incorporated herein by reference. 38. The CONTRACTOR will take affirmative action in complying with all Federal and State requirements 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. The Americans with Disabilities Act(ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination against individuals with disabilities in State and local government services and public accommodations. The CONTRACTOR certifies that it and its principals and subcontractors will comply with regulations in ADA Title I (Employment), Title U (Public Services), and Title III (Public Accommodations) in fulfilling the obligations under this AGREEMENT. 39. 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. 40. 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. 41. CERTIFICATIONS: CONTRACTOR certifies to each of the following: Page 9 of I 1 a) That this quote or proposal is submitted competitively and without collusion, as required by 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(G.S. 143-59.2) c) That CONTRACTOR is not an eligible vendor as set forth in 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 contract, in violation of G.S. § 133-32; and e) That CONTRACTOR, and each of its sub-contractors under this contract, 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 G.S. §143-48.5. Page 10 of 1 I IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have executed this AGREEMENT in duplicate originals, one of which is retained by each of the parties, on the day and year first above written. ATC Associates of North Carolina, P.C. North Carolina Department of Environmental Quality Kevin R. Sommers,Vice President Michael S. Regan, Secretary (Owner,Partner,or Corp.Pres.,or V.Pres.only) B By: ( ONTRACTOR'S Signature) ( ignature Tecretary or A orized Agent) Date: I-IS-Zal4 Date: WITNESS: WITNESS: J (Signature) (Signature) Page 11 of I I ATTACHMENT I SCOPE OF WORK INACTIVE HAZARDOUS SITES BRANCH ENVIRONMENTAL ENGINEERING SERVICES CONTRACTS 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 Inactive Hazardous Sites 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. H. 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 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 $3,000 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 Pagel of 2 ATTACHMENT I 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,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/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, so as 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. Page 2 of 2 ATTACHMENT 2 FEE SCHEDULE Personnel Level Remedial Investigation/Design Active Remedial Oversight* Principal $155/Hour $186/Hour Senior $130/Hour $156/Hour Project $115/Hour $138/Hour Staff $95/Hour $114/Hour Technician $80/Hour $96/Hour Draftsperson/CAD $75/Hour $90/Hour Word Processor/Clerical $55/Hour $66/Hour * - Active Remedial Oversight rates apply for tasks associated with subcontractor oversight performed during Active Remedial Action Implementation Subcontractor Quotes At least three quotes(or more if directed by the DEPARTMENT)may be required by the DEPARTMENT's Contract Administrator(or their duly authorized staff)for subcontractable activities that exceed$3,000.At a minimum, the CONTRACTOR shall comply with the requirements of paragraph J of this AGREEMENT in relation to competitive bidding and all other aspects of Article 8 when hiring subcontractors for subcontracted activities exceeding$500,000,or lesser amounts if so established by directive of the DEPARTMENT. Subcontractor Fees These will be at cost(including but not limited to laboratory,drilling,surveying,geophysical activities, and remedy and/or abatement). Miscellaneous Per Diem(per person for overnight travel only) $ 130/day Mileage $0.555/mile PID $ 100/day pH/Conductivity/Temperature Meter $ 30/day Turbidity Meter $ 30/day Water Level Meter $ 30/day Hygrometer $ 15/day GPS Unit $ 150/day GEM 2000+ $ 150/day 4 Gas Meter $ 65/day Flux Chamber $ 75/chamber Peristaltic Pump+Battery $ 50/day Submersible Pump+Controller+Battery $ 110/day Survey Set&Tripod $40/day Teflon Bailer $ 15/bailer Teflon Tubing $ 3.00/ft. Hand Auger $ 15/day Generator $ 50/day Field Expendables(distilled water, ice,etc.) $30/day IDW Drums Security Fencing $250/event Page 1 of 1 ATTACHMENT 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 and/w Administrative and/or professional head of the organization or contract.Responsible for conceiving and litigation executing plans and functions of the organization.Directs the professional staff.Normally has a financial _Assist the Department's attorneys in legal strategies interest in the company as partial owner,major investor or stockholder,or officer.Charges an extremely _Depositions limited number of hours per site as the Principal.This position should never bill field or field supervision Contract Oversight(limited) hours. Senior Engineer/Geologist/Hydrogeologist/Scientist Typically requires an advanced degree.Requires professional registration when applicable,8 years of Expert Testimony at public hearings or meetings and/or experience in technical or managerial roles,and compliance regulations.Serves as senior technical leader litigation and contract oversight for environmental remediation projects of medium to large scope and /or -Site strategy and planning complexity and has developed substantial expertise in the field of practice.Generally supervises Project -Contract oversight Managers and oversees several projects.Has limited involvement in projects.Duties typically include -Reviews technical reports reviewing reports, developing strategies, and attending client and/or associated project meetings. -Reviews Corrective Action Plans Responsible for approving designs,reports,plans,and specifications before submittal to the IHSB. If -Reviews Engineering/remedial system design significantly involved in a highly technical project,should have substantial technical expertise directly -Health and safety coordinator related to the project. Ensures compliance of field service operations with OSHA safety standards. -Reviews site safety plans Addresses public health concerns. -Project management Project Engineer/Geologist/Hydrogeologist/Scientist -Site strategy and planning Typically possesses a bachelor of science degree in engineering,geology,hydrogeology,or a directly -Develop site health and safety plans related field. Serves as manager for entire project and has at least 5 years of experience in the -Engineering/remedial system design environmental field. Duties typically include preparing proposals, reviewing reports, developing -Data review and analysis strategies,and attending client and/or associated project meetings.Under general supervision,prepares -Report review environmental design and plan specifications for site remedial activities.Leads and supervises teams of -Site meetings and reconnaissance staff and technician level personnel,but would have a limited number of hours charged to each site,and -On-site supervision(periodic) only a small percentage of total field hours. Serves as site technical expert or supervisor for -Work plan preparation hydrogeological site characterizations and remediation activities and tests, and assembly of reports, -Site investigation planning plans,and specifications. -Field work planning -Site Inspection(periodic) Staff Engineer/Geologist/Hydrogeologist/Scientist Requires a bachelor's degree in engineering,geology,hydrogeology,or related science and I to 5 years _Report preparation of experience in the environmental field.Works under supervision of the project manager to perform _Field work preparation/planning routine tasks related to environmental investigation and remediation projects. Is the primary person Supervises site investigation and remediation activities responsible for gathering field data and is competent at data analysis. Must be able to conduct Site reconnaissance and mapping investigation and remedial activities including drilling and monitoring well installation,sampling,site Engineering/remedial system design and installation layout and geologic mapping, writing field notes, basic analysis and compiling data. Must have _Limited data review and analysis knowledge of QA/QC procedures and protocol.This position will normally be highest in the number of _On-site health and safety supervisor 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 trades-person,or an associate's degree. -Operation and maintenance of equipment Person developing and sampling Person may also have a bachelor's degree with less than I year of experience in the environmental field. _Soil sampling Requires minimal training and experience in the environmental field.Responsible for general supervision _Handling of investigation and remediation derived wastes of the installation,maintenance,and repair of on-site equipment.Routine monitoring and collection of _Remedial system installation,operation,and maintenance samples and equipment maintenanceloperating logs.Under appropriate supervision,performs routine _Limited contractor supervision labor tasks associated with on-site 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 experience or 2 years of related college -CAD/CADD work and more than 1 year of experience.Generally requires a Technical Drawing Certificate,and advanced -Cartography drafting skills such as Computer Aided Drafting(CAD)&Design(CADD)operations. -Plotting of GPS and standard survey data -Spreadsheets -Report generation Word Processor/Clerical -Word processing Operates computer for work processing, spreadsheets, and statistical typing, correspondence report -Typing generation,general office work,typing,and filing. -Filing General secretarial Document reproduction ATTACHMENT 4 ASSURANCES—NON CONSTRUCTION PROGRAMS The CONTRACTOR certifies that with regard to: 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 fitnds 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 grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing a drug-free awareness program to inform employees about- Page 1 of 2 ATTACHMENT (1) the dangers of drug abuse in the workplace; (2) the grantee's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; and (4) 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: (1) abide by the terms of the statement; and (2) 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(0 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 subagreements; 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. Page 2 of 2