NCD980602163_20000315_Warren County PCB Landfill_SERB C_BFA-OCR

·r . I
F~;.:E Fir~ Search Resu17 / http:/ /wwwfbpe org/pesearch/vfpcgi exe?I DCFile=FI RM2 .I DC
1 of 1
. I ... ),~. ~A ffl}ft,ffl)()J' ~~-,~-
~1,,1:~qry IM'
ttnniKif.iihf These Professional Engineering Firms are currently
f>@#Jt ·· registered as CURRENT in the State of Florida through
Qpt:r;;@J#i1;ii:w·· February 28, 2001. Those not listed here are either
F/1.Q, DELINQUENT or OUT OF BUSINESS, and not authorized to
····· provide engineering services in the state of Florida . Bcani A.cfk,fas
•· ·· '.:~ :.: ··If, after typing the name as you know it and not getting a response, try
A.pp#Q@{@tJ§ va riations of the name. If you still do not get a response, please call our office ~~t:i,irii:~ at 850-521-0500 and ask for Jeannie Carlton to assist you.
Lftfltm:d I Barnes Ferland And Associates i~di
F;~~t.:•~ 6899:i 3655 Maguire Blvd. Ste. 150 Ii
·.·················: 9~.1.~.~.~()' ... f .~ .. } ??9} ............................................. 11
Directory of En gi nE~(-:rs I ~'-"-'·"""i -"'-n'-r.,'-.1 -'-::-'-1--'-''--'n-"-: I important Dates
Law and F<uies I Complaints I FAO I Board Actions I Apolications I Recent Corno,aints
3/15/00 9:00 PM
FBPE Search Results http://www.fbpe.org/pesearch/vfpcgi exe71 DCFile=PESEARCH. I DC
iliili.i:i{i:'f1 _Prt~fessional E'ngineer Search .Results
;~tJ;,WY@f There are seven (7) categories of licensure status. They are: :(jjgiitif ACTIVE; ACTIVE MILITARY; DECEASED; DELINQUENT;
INACTIVE; INACTIVE DELINQUENT; and NULL AND VOID.
Q9:rxwl@infr1 The ONLY category of licensure in which an engineer is
FA .. Q, permitted to practice is ACTIVE. Those shown as ACTIVE
Board ······· are current through February 28, 2001.
A@fiih1
11.pptk:@:ti~tii i.F ..................... Tr~·t;·i~-k-·J·~~~·~·;,--·F~·;i"~·~d-:···Pi············--················-------··--·············---------------:1
~~ii~r:<.:f.:,. 33125: I% Captec E~gineering, Inc., 1870 SE Port St. Luci~
Y1N%f-'.~i;#d~r • i Port St. Lucie, FL 34952 :
~j1.~::nd !,cc,, .................. L~.~·~·~·~·=·:···~~!..!Y.~ ..................................................................................................... .J
~-·······························································································
.F j[Ronald P Ferland, PE :
I 32568: !1 2500 Lake Shore Drive !
• HOrlando, FL 32803 :
i (!Status: ACTIVE •
: -·-·-·····-·····················-···········}:_,,., ............ _. ___ ._ ....................... _._._._ .... ·.······································-•,•····-·-·······-···-···-·········
Directory of [ngineers I l}1rect')r\: :)! ,:inn< I lrnoortanl Dates
Law and F~ules I Cornula1nb I r~AQ I Boa rd Actions I Applications I F<ecent Complaints
1 of 1 3/15/00 8 58 PM
FBPE Search Results http://www fbpe org/pesearch/vfpcgi.exe?I DCFile=PESEARCH.I DC
. .
ii~Jil.(~011 . Prt~fes.\'ional Engineer Search l?e:sult.~
~f,11roryqf There are seven (7) categories of licensure status. They are: Jlli.1ii£rl ACTIVE; ACTIVE MILITARY; DECEASED; DELINQUENT;
....................... INACTIVE; INACTIVE DELINQUENT; and NULL AND VOID.
G@~'r:t~'1:?it:ll:! .. The ONLY category of licensure in which an engineer is
.Fil-Q, permitted to practice is ACTIVE. Those shown as ACTIVE f!nzji~ ········are current through February 28, 2001.
g 11.4.······.··.1.·.•···o·······2··· 9 ... =.·.1.I~!~~~-·.ii1a_~j·t···2·H·····7···~5.' .•. o.t···e·······n··s.-t.~n.·.·.~~]! lifuiii ..
Directorv of Erh!inecrs I _D_;,_·e_:._r-_·,,.....-·'i ___ , ,_,,_ ... I lnmortant Dales
Law and F~ules I Complaints I FA Q I Board Actions I .l\pplications I f~ecerit Complaints
1 of 1 3/15/00 8:59 PM
Roster of Licensees .... http://www.ncblg.org/ncblg/licensees2. html
1 of 6
North Carolina
Board for
Licensing
ROSTER OF LICENSEES
Individuals
Listed below is the Roster of Licensees listed alphabetically.
The licensees are split into two categories:
• Individuals -click on the first letter of the last name
of Geologists
P.O. Box 41225
Raleigh, NC
27 629-1225
Telephone
919-850-9669
A 1....8. I .C..I Q I..LI...E I _G_ 11:i l_l_l 11 ~ I....L I...M I N IQ I .E. I...Q_I B I...S. I..I I .U.
I 'i.. I...W I X 1.1 1 Z
• Corporations -click on the first letter of the name of the
corporation.
Fax [phone] A..I..B..I ... C-1 Q I LI E I _G_ I ti I LU I ~ I....L IM I N I Q I...E:_I Q IE I .S I I I li..l
Email [e-mail] 'j_ I WI..X 1.1 1 z
Please forward any changes or co rrections to NC Board for Licensing of
Geologists
Roster of Licensees to [e-mail] 1····.·.····.······.··.·· ................................................. ' .......... · ................................................................... , ................................................................................ .
i ; James Bennett jRobin Boyd
; -8-! License# 1002 !License# 1509 :
; : 2320 Bnsbayne Circle !3021 W1ndrose Glen
3/15/00 9: 17 PM
Roster of Licensees http://www.ncblg.org/ncblg/licensees2.html '-
Dept. Geology & Planetary License# 1212
Jeffrey Ballsieper Science 2622 Wells Ave .
License# 1653 Johnstown, PA 15904 Raleigh , NC 27608
2808 Isabella Dr.
Raleigh, NC 27603 Bharatkumar Bhatt Susan Broad
License # 946 License# 1213
George Banino 1216 Oakcroft Drive 202 Groveland Ave. Apt. 1
License # 466 Lutherville, MD 21093-6410 Raleigh , NC 27605
116 Vischer Ferry Rd.
Rexford , NY 12148 Edward Billington A. Brockman
License# 1631 License# 1012
Paul Banks 691 Percy St 7276 Ford Ave.
License# 1361 Greensboro, NC 27405 Mechanicsville, VA 23111
912 Northclift Dr.
Raleigh , NC 27609 William Bingham Robert Brossoie
License # 160 License# 804
William Barker 3713 Lancelot Ct. 7780 Brookdale Dr.
License# 1401 Raleigh, NC 27604 Raleigh , NC 27616
Rt. 2, Box 1063
McGaheysville, VA 22840 Timothy Binkley Stephen Brower, P.G.
License # 336 License# 1476
Richard Barkes 2310 Maplewood Ave . 88 Surrey Way
License# 744 Winston-Salem, NC 27103 Exton, PA 1431
213 Bergen Ave .
Apex, NC 27502 Max Bircket Carl Brown
License # 305 License# 1681
John Barksdale 709 Arlington 2002 Curry Rd .
License # 1563 Waco , TX 76712 Lutz, FL 33549
2855 Blackshear Ave.
Pensacola, FL 32503 Eric Bjorken David Brown
License# 748 License # 1453
David Barna Bldg 230, Attn: CEPOD-ED -G 301 Elisha Dr.
License # 146 Fort Shafter, HI 96858-5440 Wilmington, NC 28405
8113 Rolling Knoll Ct
Springfield, VA 22153 Stephen Blair Henry Brown
License # 7 49 License# 20
Donald Barnes 17170 Meadow Road West 2114 Buckingham Rd .
License # 580 Lenoir City, TN 37772 Raleigh , NC 27607
19735 Selby Ave .
Poolesville, MD 20837 William Bland Jeffrey Brown
License # 496 License# 981
~ Patrick Barnes 13158 Rock Ridge Lane 805 N. 13th Street
License# 1570 Woodbridge, VA 22191 Manitowoc, WI 54220
3655 Maguire Blvd . Ste. 150
Orlando, FL 32803 Bradley Blase John Brown
License# 1522 License# 1013
Michael Barnett 11260 Roger Bacon Dr. 10911 Balbriggan Ct.
License # 581 Reston , VA 20190-5282 Charlotte, NC 28262
708 SW Morningside Rd .
Topeka, KS 66606-2318 Allan Blaske Michael Brown
3 of 6 3/15/00 9: 17 PM
Roster of Licensees http://www.ncblg.org/ncblg/licensees21 . html
➔
1 of 2
...
North Carolina
Board for
Licensing
ROSTER OF UCENSEES
Corporations
Listed below is the Roster of Licensees listed alphabetically.
The licensees are split into two categories:
• Individuals -click on the first letter of the last name
of Geologists
P.O. Bo x 41225
Raleigh, NC
27629-1225
Telephone
919-850-9669
A 1....8. I .c._1 l2 Ill£ I _G_ IJ:i 1_!_111...K I_L I_M I N IQ I E I_Q_I E I_S_ I_I 111
I Y.. I w I X I~ I Z
• Corporations -click on the first letter of the name of the
corporation.
Fa x 9 19-872-1598 8-1 B I_G_I l2 I LI E I _G_ I ti I LU I ~ I_L IM I N I Q I.E_I Q IE I _S_ I I I .ll.l
Email [e-mail] y_ I W I_X I~ I Z
Please forward any changes or corrections to NC Board for Licensing of
Geologists
II :~. -' ~~#~~~~I~l~:i::~st~~eb~!~f g~f g~~i:~~ &
i Sanford NC 27330 C-137 HRoad Greensboro NC
I Babb & Associates j27406 C-107 I P.O. Box 37697 Raleigh NC Blasland, Bouck & Lee , Inc ' I 27627 C-2 19 6723 Towpath Rd.Box 66 i Bunnell-Lammons Engineering,
l Baker Environmental, Inc. Syracuse NY 13214 i lnc. I 420 Rouser Rd., Bldg #3 C-196 )200 Woodruff Rd. i Coraopolis PA 15108 ~Ste. 8-7 Greenville SC I C-187 Blue Ridge Environmental '1 29607 C-284
, Services, Inc. I Barnes, Ferland And Associates 406 Beaumonde Shelby NC !Bu xton Environmental
i 3655 Maguire Blvd. 28150 C-272 i 946 #4 Falls Creek Lane ! Ste. 150 Orlando FL i Charlotte NC 28209
j 32803 C-271 !C-278
I ! BC Geologic, LLC I 3966 Bachelor Creek Rd . I Asheboro NC 27203
i C-198
3/15/00 9 17 PM
\
BF A Environmental Consultants
Barnes, Ferland and Associates, Inc.
February 15, 2000
Mr. Mike Kelly
State of North Carolina
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, N.C. 27699-1601
SUBJECT: PCB Landfill Detoxification
BFA #99-001
Accommodating the Stakeholders and Moving Forward Quickly
Dear Mike:
Over the years you and I have both worked hard together on this project to accommodate the
interest of all sides while moving forward and without compromising the integrity of the process .
I like to believe that our longevity is a direct result of our ongoing and sincere desire to find that
middle ground. I am sure you have noticed that we are at that stage again where sensitive
leadership is required.
We are all currently faced with moving forward as quickly as possible while keeping the costs
competitive (i.e,. bidding), benefiting from the work which has occurred, keeping the community
involved and ensuring that the State has a quality product.
I can think of only one approach which simultaneously meets all of these criteria, and it's
outlined as follows. You and I have discussed this briefly but I wanted to communicate my
thoughts more succinctly.
1. Consider bringing on a consultant to assist in the RFP and bidding process. This will be
important to answer questions related to the design and to prepare bid addendums.
2. Modify the bid specifications to name the vendor and operator of the BCD process
equipment. This will accomplish several things:
a. Enables process permitting to begin immediately;
b. Ensures that equipment and process which was successfully proven in the earlier phases
of the project is incorporated into the detoxification, thus helping to ensure quality;
c. This will open up the advertisement to numerous remedial contractors who would bid as
the prime.
d. Ensures a meaningful bidding process.
3655 Maguire Boulevard • Suite 150 • Orlando, Florida 32803
Office ( 407) 896-8608 • Fax ( 407) 896-1822
Mr. Mike Kelly
February 15, 2000
Page2
I have thought very long and hard about how we can accommodate all concerns and meet the
State and community's objective. I feel this approach comes closest to addressing those
concerns.
I have attached a matrix table that summarizes these as well as other thoughts. I hope that this
letter is helpful in your upcoming discussions with contracting. If you have any questions or
wish to discuss this further, please do not hesitate to call me.
PAB!pgs/2-/5MK
cc: Pat Backus, P .E.
Dollie Burwell
Sincerely,
Patrick A. Barnes, P.
President
..BFA ::::::-=---=-= =
Issue of Concern I. Move quickly through the RFP development and bidding process 2. Maximize benefits of the bidding process and enhance potential for participation 3. Obtaining a commitment for federal matching funds 4. Honor the commitments made to the community 99-001 WARREN COUNTY PCB LANDFILL DETOXIFICATION COMPONENTS FOR SWIFT IMPLEMENTATION Proposed Solution Impact of Current Schedule Hire a design consultant who is very Best solution to manage the tremendous familiar with the project, the design amount of work required and move plans and specifications to assist the quickly. State with drafting the RFP, addressing questions from bidders, preparing addendums and evaluating the bids when received. Structure the bid specifications such that Will greatly reduce the number of issues a qualified vendor is named as the BCD to be resolved during the bidding phase. equipment supplier and operator. Will enable permitting to begin The project can then be bid by.a majority immediately. of state licensed General Contractors. Work every angle which has merit. Work Could be substantial, especially if it is through Congresswoman Clayton_' s necessary to have the funds in hand office. prior to accessing the $7 million. Make arrangements either contractually If the community does not continue to with a consultant or through the bidding play a key role in the project, delays process for a consultant to be retained are likely. to coordinate and maximize the participation of local companies. -1-Comments This is standard practice for a project of this complexity. It is very likely that the State will receive numerous questions from potential bidders once the RFP package is advertised. This is also a standard practice. The industry recognizes that certain processes will require certain vendors. This approach maximizes the benefits of all the work performed thus far, while allowing the project to be bid as desired by the State. The best way to move quickly is to initially secure a small amount of federal funding, enabling us to move forward. Additional funds can be sought afterwards for other project'phases. The State needs only to continue the process it currently has underway to maintain the community's trust. J3J?'A
Issue of Concern 5. Honor the process which has brought us where we are, and help ensure a quality product 6. Managing project costs and construction schedule 7. A ward contract with existing funds 99-00/ WARREN COUNTY PCB LANDFILL DETOXIFICATION COMPONENTS FOR SWIFT IMPLEMENTATION (Continued) Proposed Solution Impact of Current Schedule Keep knowledgeable individuals involved Best solution to move smoothly through whenever possible. Build on the work future phases of work. which has occurred thus far. This concern is addressed by obtaining Delays implementation of construction meaningful competitive bids, while because of the need to advertise and keeping knowledgeable individuals evaluate bids. involved. Construct the detoxification in separate Best solution to move quickly toward but intimately linked phases. This has contract award. already been conceptually approved. -2-• Comments The results of the Phase I and II investigations has brought us where we are. BCD has been written into the funding legislation. In order not to waste the time, effort and funds expended thus far, we must build on all the work completed to date. Most effective way to ensure competitive pricing. If properly designed, the existing funding should be sufficient to begin processing of material. J3~A
.BF A Environmental Consultants
Barnes, Ferland and Associates, Inc.
Ms. Dollie Burwell
Chair -PCB Landfill
Citizen Advisory Board
CP&L Building
720 Ridgeway Street
Warrenton, N.C. 27589
October 4, 1999
SUBJECT: Flood Waters and the PCB Landfill Status
Dear Dollie:
Pat
BFA #99-001
I sincerely hope that the residents of the flood ravaged areas are beginning to see the light at the
end of the tunnel. I cannot begin to understand the full magnitude of what they are going
through. As we have discussed in the past, BF A is a full service environmental and
water/wastewater utility engineering firm . As an African-American owned firm we have an
aggressive mission to reach out and provide such services, particularly in under-served and
minority communities. Please don't hesitate to contact me concerning technical, design or
construction management services for any of the affected areas. I will also personally follow-up
with the individuals you mentioned.
It is important to note that as a part of our ongoing design of the PCB landfill detoxification,
BF A will establish an office in the Warrenton area within the next 30 days. Such an office is a
show of our commitment and should help facilitate project execution.
Enclosed is a small monetary donation to assist the affected residents in their recovery efforts. I
am sure you will see to it that it gets to the right hands.
Although the CAB meeting was cancelled, the ETG/BF A team did meet with the State to go over
the status of the design effort. Since obtaining the survey information the first week in
September, things are moving along nicely. Attached is the latest status report. As you may or
may not know, Mike Kelly is on leave so our meeting was with Bill Meyer, Pat Backus and
technical staff.
Bill Meyer primarily spoke of the flood impacts, rightfully so as this is what currently occupies
his time; however, in that discussion he strongly indicated that the current funding for the landfill
detoxification may be in jeopardy because of the enormity of the flooding problem. I sincerely
hope that is not the case.
3655 Maguire Boulevard • Suite 150 • Orlando. Florida 32803
Office ( 407) 896-8608 • Fax ( 407) 896-1822
Ms. Dollie Burwell
October 4, 1999
Page 2
It is important that officials understand that disasters like Hurricane Floyd are exactly why the
landfill needs to be cleaned up immediately. Sever storms can and will further compromise the
integrity of the landfill. The State must find a way to accomplish the Floyd recovery effort
without going back on, or further delaying, the detoxification/redevelopment promise.
If you get a chance, please make a couple of calls or draft a CAB letter to the Governor's Office
discussing these issues.
Thanks, and as I stated earlier, please don't hesitate to contact me concerning technical
assistance.
PAB!pgsl/0-4D8
cc: Congresswomen Eva Clayton
Senator Frank Ballance
Carolyn Coleman
Bill Meyer
Mike Kelly
Pat Backus
Henry Lancaster
Steve Detwiler
Sincerely,
Patrick A. Barnes, P.G.
President
.BFA =::::--w-:;:::::
PROJECT ST A TUS BY TASK
September 28, 1999
2.1 Landfill Features and Relationship to Detoxification
There was no change to this category over the past month. This task is considered 100% complete.
2.2 Applicable SOP's, Rules and Regulations
There was no change to this category over the past month. This task is considered 100% complete.
3.1 Site and Area Survey
The survey work was completed September 8, 1999, fourteen days later than projected at last months
meeting.. As a result, the schedule was extended, making the revised final completion date December 3 1,
1999 .This task is considered 100% complete.
3.2 Geotechnical Evaluation
There was no change to this category over the past month. This task is considered I 00% complete.
3.3 Site Layout and Logistics
This task is linked to the site survey; and was not able to be finalized until the survey work was
completed. The first preliminary draft drawings will be delivered today, with a review meeting planned
with Ed Mussier and Bill Sessoms prior to the Project Status meeting. This task is considered 40 percent
complete.
3.4 Infrastructure Improvements
Requests have been made to local utility companies for site and area information. This task is considered
40% complete.
3.5 Stormwater Management
Completion of this task is linked to the site survey.; Since receiving the site survey the ETG/BF A Team
has proceeded with the storm water management design calculations and issues. We consider this task
40% complete.
3.6 Excavation Process Design
With the completion of the survey work, the excavation plan and drawings can be finalized. Preliminary
drawings of the stages of excavation throughout the Landfill have been prepared. We consider this task
60% complete.
-1-
....
PROJECT ST A TUS BY TASK
(Continued)
September 28, 1999
3.8 Confirmation/ Verification Sampling
ETG/BF A have prepared a table depicting proposed field screening, sampling and analytical requirements
for all aspects of the project. The Table has been included for discussion purposes. This task is
approximately 40% complete.
3.9 Backfilling and Final Grading
We have not yet begun this task because it is heavily linked to survey. Also, further discussion 1s
warranted regarding the final disposition of the detoxified soils.
4.1 Community Reuse Meetings
The ETG/BFA Team has had several discussions with key community officials about potential reuse
alternatives. This is an on-going developmenttask and corresponds to the Community Involvement Plan.
We intend to continue to discuss this issue further at the CAB monthly meetings This task is
approximately 50% complete.
4.2 Regulatory Coordination
This task is an ongoing and collaborative effort. It is anticipated that the majority of this task will be
performed during October and November after initial drafts for the project work plans have been
prepared. This task is approximately 40% complete.
5.0 Project Work Plans and Deliverables
Approximate
Percent Com~lete
5.1 Detoxification Design Work Plan and Schedule 100
5.2 Community Involvement Plan fJ<f'-1'5
5.3 Project Health and Safety Plan 60
5.4 Performance Demonstration Plan 40
5.5 Air Monitoring Plan 40
5.6 Site Operation Plan 25
5.7 Quality Assurance Plan 25
5.8 Final Verification/ Confirmation Sampling Plan 25
5.9 Construction Quality Assurance Project Plan 30
5.10 Emergency Response Plan 70
5 .11 Final Design Report 15
5.12 Design Plans (Drawings) and Specifications 30
99-001 -2-
1 r
I ;,
State of North Carolina
Department of Environment,
Health and Natural Resources
General Services Division
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
AVA
Laird Davison, Director DEHNR
AMENDMENT N0.1
AMENDMENT TO CONTRACT NUMBER V6021
BETWEEN
PATRICK BARNES/BARNES FERLAND & ASSOCIATES
AND THE
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,
HEALTH AND NATURAL RESOURCES
Pursuant to paragraph ten of Contract Number V6021, the Department wishes to amend
the contract to extend the completion date to June 1, 1998. The deliverables for this
period are: ~~) < ~
1. Final report on site assessment/investigation --due Au9t1st ~ 1997
2. Phase I Detoxification Report Review --due September 15, 1997
3 . Phase II Detoxification Report Review/activities --due December 1, 1997
4.
5.
Community Interaction
Legislative Support
--due March 1, 1998
--due May 1, 1998
An additional amount of $54,035.00 is included for a total contract amount of ONE
HUNDRED FIFTY-FOUR THOUSAND THIRTY-FIVE DOLLARS ($154,035.00).
It is the intent of this amendment to address provisions noted herein only. All, other terms
and conditions of Contract Number V6O21 remain the same.
Please indicate acceptance by your signature below.
Approved:
Patrick Barnes/Barnes Ferland & Associates
~'If
Date
Return one (1) duplicate original to: Doris E. Strickland, Chief, Purchase and Contract
Section, DEHNR Division of General Services, PO Box 27687, Raleigh, NC 27611-7687.
cc: Bill Meyer, Waste Management
DEHNR Office of the Controller
DUPLICATE ORIGINAL
P.O. Box 27687, Raleigh, North Carolina 27611-7687 N',C
Voice 919-733-9746 ewe e
An Equal Opportunity Affirmative Action Employer
50".k recycled/lO"k post-consumer paper
STATE OF NORTH CAROLINA
COUNTY OF WAKE
CONTRACT NO. V --.1i.2_~
CONTRACTOR'S FEDERAL I.D.
OR SOCIAL SECURITY NO.
59-3237612
TIIlS AGREEMENT, made and entered into this 7th day of March, 1996
by and between Patrick Barnes/Barnes Ferland & Associates, Inc. , hereinafter referred to as
"CONTRACTOR", and North Carolina Department of Environment, Health, and Natural
Resources, hereinafter referred to as "DEPARTMENT";
WITNES SETH:
THAT WHEREAS, the CONTRACTOll has submitted to the DEPARTMENT a
proposal for the performance of certain technical or professional services as Science Advisor for
the Joint State/Warren County PCB Landfill Working Group (Work Group); and
WHEREAS, the DEPARTMENT desires to enter into a contract with the
CONTRACTOR to perform the services set out in the proposal;
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 perform in a manner satisfactory to the
DEPARTMENT, the work described in the Science Advisor Scope of Work-PCB Landfill -
Patrick Barnes which is incorporated as a ,part of this.contract, (Attachment A)
2. The DEPARTMENT hereby agree~ to p~y the CONTRACTOR a1sumofriloney
not to exceed one hundred thousand dollars ($100,000) unless completion of assigned task(s) and
availability of funds warrant additional amounts as determined by the DEPARTMENT. Payment
will be made at the rate of one hundred dollars ($100) per hour for accomplishing assigned task( s)
in the Scope of Work (Attachment A). This payment(s) will be full and complete compensation
for services rendered under this agreement.
(a) Payment for 'services will be made upon receipt of expenditure reports
(DEHNR 2481) or invoices from the CONTRACTOR documenting the
costs incurred, compliance with schedules, percent of completion of
assigned task(s) in the performance of work under this contract. Travel,
subsistence and personal vehicle use will be paid in accordance with
DEPARTMENTS travel reimbursement policy which is incorporated in
Attachment B of this contract.
1 of5
(b) Expenditure invoices, work schedules and degree of completion of task( s)
are to be submitted to the Contract Administrator at least monthly.
Payment will be made monthly. Final expenditure reports must be received
by the DEPARTMENT within 45 days after the end of the contract.
( c) Amended or corrected expenditure reports must be received by the Office
of the Comptroller within six months after the end of the contract period.
Any reports received after six months will be returned without action.
3. The CONTRACTOR represents that he has, or will secure at his own
expense, all personnel required in performing the services under this agreement.
Such personnel shall not be employees of the DEPARTMENT.
4. None of the work to be performed under this contract which involves the
specialized skill or expertise of the CONTRACTOR or his employees shall be
subcontracted without prior approval of the Contract Administrator. Sub-
contracting includes the implementation of any recommendation( s) by the
CONTRACTOR to the Work Group. The DEPARTMENT reserves the right to
sub-contract the implementation of any recommendation( s) of the
CONTRACTOR. The DEPARTMENT-must approve all subcontracts.
5. The CONTRACTOR is an independent contractor and assumes all
responsibility for self and does, therefore, hold harmless the Contract
Administrator for the DEPARTMENT, the DEPARTMENT or any other state
government persons for payment of federal and state taxes and any other required
payments. This Agreement will in no way be construed to constitute an
employer/employee relationship.
6. The services of the CONTRACTOR are to commence on the 15th day of
February, 1996 and shall be undertaken and completed in such sequence as to
assure their expeditious completion in light of the purposes of this agreement, but
in any event, all of the services required hereunder shall be completed by the 30th
day of June, 1997.
7. If, through any cause, the CONTRACTOR shall fail to fulfill in timely and
proper manner the obligations under this agreement, the DEPARTMENT shall
there upon have the right to terminate this contract by giving written notice to the
CONTRACTOR of such termination and specifying the reason thereof and the
effective date thereof In that event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, and reports prepared by
the CONTRACTOR shall at the option of the DEPARTMENT, become its
property, and the CONTRACTOR shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other
2 of5
materials. 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.
8. The DEPARTMENT may terminate this agreement at any time by notice in
writi,ig from the DEPARTMENT to the CONJ'llACTOR. In that event, all
finished or unfinished documents and other materials shall, at the option of the
DEPARTMENT, become its property. If the contract is terminated by the
DEPARTMENT as provided herein, the CONTRACTOR will be paid in an
amount which bears the same ratio to the total compensation as the services
actually performed bear to the total services of the CONTRACTOR covered by
this agreement, or for each full hour of services performed where compensation is
based on each full hour of services performed, less payment of compensation
previously made. The CONTRACTOR shall repay to the DEPARTMENT any
compensation he has received which is in excess of the payment to which he is
entitled herein.
9. The parties to this contract agree and understand that the payment of the
sums specified in this contract is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose to the
DEPARTMENT.
10. The DEPARTMENT may, from time to time, request changes in the scope
of the -services of the CONTRACTOR to be performed under this agreement.
Such changes, including any increase or decrease in .the amount of the
CONTRACTOR'S compensatiQn, which are mutually agreed upon by and between
the CONTRACTOR and the DEPARTMENT, shall be incorporated in written
amendments to this contract.
11 . • Any information, data, instruments, documents studies or reports given to
or prepared or assembled by the CONTRACTOR under this agreement shall be
kept as confidential and not divulged or made available to any individual or
organization , except the Work Group, without the prior written approval of the
DEPARTMENT.
12. The filing of a petition in bankruptcy or insolvency by or against the
CONTRACTOR shall terminate this agreement.
13. The CONTRACTOR shall not assign or transfer any interest in this
agreement.
3 ofS
14. In accordance with Federal regulation CONTRACTOR certifies that he
will not engage in the unlawful manufacture, distribution, dispersing, possession,
or use of a controlled substance in the performance of this contract.
15. 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 AD.A.
Title I (Employment), Title Il (Public Services), and Title m (Public
Accommodations) in fulfilling the obligations under this agreement.
16. The CONTRACTOR certifies that it (a) has neither used nor will use any
appropriated funds for payments to lobbyist, (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.
17. No reports, maps or other documents produced in whole or in part under
this agreement shall be the subject of an application for copyright by or on behalf
of the CONTRACTOR.
18. : It is agreed between the'parties hereto that the place of this contract, 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.
19., The CONTRACTOR agrees that the State may have the right to audit the
records of the CONTRACTOR pertaining to this contract both during
performance and for 36 months after completion or termination. The
CONTRACTOR must retain all records relating to this contract and allow
employees or agents of the DEPARTMENT to inspect such records during the
period of time set out herein.
20. The CONTRACTOR agrees that he shall be responsible for the proper
custody and care of any State owned property furnished him for use in connection
with the performance of contract and will reimburse the State for its loss or
damage.
4 of5
21 . Bill Meyer is designated as the Contract Administrator (project
coordinator) for the State. However, any changes in the scope of the contract
which will increase or decrease the CONTRACTOR'S compensation shall not be
effective until they have been approved by the DEPARTMENT Head or
Authorized Agent.
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, the day and
year first above written.
CONTRACTOR
Patrick rnes/
nd a
CONTRACTOR's Signature
Patrick A. Barnes P.G.
Typed Name
WITNESS:
Signatufe
Approved as to Form:
Attorney General of North Carolina
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND
r nc . NATURAL RESOURCES
/4 Jonathan B. Howes, Secretary
~1-°'-OJ,~Vr-
5 of5
oepartment Head's Signature
or Authorized Agent
J:1.1~
Signature