20211427 Ver 1_Technical Proposal_2021_20210614

PROPOSAL - COPY
HAUNTED CREEK RESTORATION SITE
STREAM MITIGATION CREDITS WITHIN THE CATALOGING UNITS 06010202;
06010203; 06010204 OF THE LITTLE TENNESSEE RIVER BASIN
April 21, 2021 RFP# 16-20200301
Prepared for NC Division of Mitigation Services
Prepared by KCI Technologies, Inc.
RISE TO THE CHALLENGE
ISO 9001:2015 Certified
www.kci.com

TABLE OF CONTENTS ■
SECTION A Cover Letter
SECTION B Title Page
SECTION C Execution Page, Addenda, and RFP
Attachment A: Pricing (in separate sealed envelope)
Attachment B: Instructions to Vendor
Attachment C: NC General Contract Terms & Conditions
Attachment D: Location of Workers Utilized by Vendor
Attachment E: Certification of Financial Condition
Attachment F: Supplemental Vendor Information
Attachment G: Vendor's Information
SECTION D
SECTION E
SECTION F
SECTION G
Executive Summary
Corporate Background and Experience
Project Organization
Technical Approach
APPENDIX A.
APPENDIX B.
APPENDIX C.
APPENDIX D.
APPENDIX E.
1 . Project Goals and Objectives
2. Project Description
3. Project Development
4. Proposed Mitigation
5. Current Ownership and Long -Term Protection
6. Project Phasing
7. Success Criteria
8. Quality Control
Historic Aerial Photos
Site Photographs
Executed Options to Purchase Easement Restrictions
Stream Forms
Mock Score Sheet
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

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NORTH CAROLINA DIVISION OF
MITIGATION SERVICES
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1509001:2015 CERTIFIED
•
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E NGINEERS PLANNERS • SCIENTISTS • CONSTRUCTION MANAGERS
•
KCI
TECHNOLOGIES
April 21, 2021
4505 tails of Neuse Rd., Suite 400 • Raleigh, NC 27609 • Phone [phone] • Fax [phone]
RFP #16-20200301 Sealed Bid
NC DEQ - Division of Mitigation Services
217 West Jones Street, Suite 3409 J
Raleigh, North Carolina 27603
Attention: Ms. Brooke Wells
Subject: Full Delivery Projects to Provide Stream Mitigation Credits within the
Cataloging Unit 06010202; 06010203; 06010204 of the Little Tennessee
River Basin for the Haunted Creek Restoration Site
Dear Ms. Wells:
KCI Technologies, Inc., along with its co -venture partners, KCI Associates of North Carolina, P.A. and KCI
Environmental Technologies and Construction, Inc. (ETC), is pleased to submit this proposal to provide the North
Carolina Department of Environmental Quality, Division of Mitigation Services (DMS) with ecological,
engineering, land acquisition, and turn -key design/build implementation for the above referenced stream and
riparian wetland mitigation project. KCI Associates is a full -service engineering, planning, and environmental
consulting firm. They are registered with the Office of the Secretary of State, as well as North Carolina Board of
Professional Engineers and Land Surveyors (C-0764). ETC is an environmental construction firm specializing in the
implementation of environmental restoration and management. They are registered with the Office of the Secretary
of State and is a North Carolina Licensed General Contractor (#41336). Both entities are corporate subsidiaries of
KCI Technologies, Inc. and are submitting as co -ventures on this contract with KCI Technologies, Inc. The KCI
team has the capacity to form the necessary legal and financial entities for the proposed work and hereafter is
referred to jointly as KCI.
KCI offers a highly qualified staff of environmental, engineering, and construction professionals with extensive
training and proven skills in all aspects of mitigation site location, plan development, design, construction,
monitoring, and remedial action. We have successfully completed numerous projects involving
stream/wetland/riparian area restoration and management; included in Section E is an abbreviated statement of our
qualifications describing our ability to conduct this work. KCI has been involved in the location, design,
development, and management of over 1,600 acres of wetland and 40 miles of stream mitigation throughout the
eastern seaboard and has extensive experience in North Carolina for both public and private clients.
KCI has secured a real estate option agreement for the purchase of easement rights on a property located in Macon
County, North Carolina near the Town of Franklin. There is one option for this project. This site will provide 2,568
stream mitigation units for the State of North Carolina.
RISE TO THE CHALLENGE
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North Carolina Division of Mitigation Services
KCI Technologies, Inc.
KCI stands ready to meet your stream and riparian wetland mitigation needs at this site. Upon review of our
submittal, we trust you will find our qualifications and proposed site commensurate with your requirements. We
look forward to addressing any questions or comments you may have and to the opportunity of working with you
soon.
Sincerely,
ate.. 01/4.4.1415
Laurie Arensdorf
KCI Technologies, Inc.
Vice President
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RISE TO THE CHALLENGE %VIM ACC l.r,o 1

NORTH CAROLINA DIVISION OF
MITIGATION SERVICES
Iv. TITLL PAGE

PROPOSAL M ■
HAUNTED CREEK RESTORATION SITE
Company Name: KCI Technologies, Inc.
Company Address:
4505 Falls of Neuse Road
Suite 400
Raleigh, North Carolina 27609
Company Representative: Gary M. Mryncza, PE
Phone Number: 919-783-9214
Proposal Number: 16-20200301
Proposal Title: Full Delivery Projects to Provide Stream Mitigation Credits within the Cataloging Units 06010202;
06010203; 06010204 of the Little Tennessee River Basin
Date of Issue: December 1, 2020
Proposal Opening Date: April 21, 2021
DMS Purchasing Agent: Brooke Wells
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

AND RFP
NORTH CAROLINA DIVISION OF
MITIGATION SERVICES
ADDENDA,

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Request for Proposal #: 16-20200301
Full Delivery Projects to Provide Stream Mitigation Credits within
the Cataloging Units 06010202; 06010203; 06010204 of the Little
Tennessee River Basin as described in the Scope of Work
Date of Issue: December 01, 2020
Proposal Opening Date: April 21, 2021
At 2:00 PM ET
Direct all inquiries concerning this RFP to:
Brooke Wells
Purchasing Agent
Email: [e-mail]
Phone: [phone]

STATE OF NORTH CAROLINA
Request for Proposal #
16-20200301
For internal State agency processing, including tabulation of proposals in the Interactive Purchasing
System (IPS), please provide your company's Federal Employer Identification Number or alternate
identification number (e.g. Social Security Number). Pursuant to G.S. 132-1.10(b) this identification number
shall not be released to the public. This page will be removed and shredded, or otherwise kept
confidential, before the procurement file is made available for public inspection.
This page is to be filled out and returned with your proposal.
Failure to do so may subject your proposal to rejection.
ID Number:
52-1604386
Federal ID Number or Social Security Number
KCI Technologies, Inc.
Vendor Name
Sealed, mailed or hand delivered responses ONLY will be accepted for this
solicitation.
Ver: 4/22/19

STATE OF NORTH CAROLINA
Department of Environmental Quality
Refer ALL Inquiries regarding this RFP to:
Request for Proposal #: 16-20200301
Brooke wells
Brooke.wellstncdenr.Aov
Proposals will be publicly opened: April 21, 2021
[phone]
Contract Type: Open Market
Using Agency: Division of Mitigation Services
Commodity No. and Description: 962-73
Restoration 1 Reclamation Services of Land and
other Properties
Requisition No.: NIA
EXECUTION
In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and
agrees to fumish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time
specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and
without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has 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), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.
Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor's knowledge and belief, that it and its
principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that
it, and each of its sub -Contractors for any Contract awarded as a result of this RFP, 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. G.S. 133-32 and Executive Order
24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates
for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of
any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this
response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware
that any such gift has been offered, accepted, or promised by any employees of your organization.
Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED.
Late proposals cannot be accepted.
COMPLETE/FORMAL NAME OF VENDOR:
KCI Technologies, Inc.
STREET ADDRESS:
4505 Falls of Neuse Road, Suite 400
P.O. BOX:
ZIP:
CITY & STATE & ZIP:
Raleigh, NC 27609
TELEPHONE NUMBER:
919-783-9214
TOLL FREE TEL. NO:
PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM 1112):
PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR:
Laurie Arensdorf 11 Vice President
FAX NUMBER:
919-783-9266
VENDOR'! S ;wpm! D SIGNATURE`:
80i/2021
[e-mail]
Offer valid for at least 180 days frordate of proposal opening. After this time, any withdrawal of offer shall be made in writing,
effective upon receipt by the agency issuing this RFP.
ACCEPTANCE OF PROPOSAL
If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of the Department of
Environmental Quality shall affix his/her signature hereto and this document and all provisions of this Request for Proposal
along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement
between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s).
FOR STATE USE ONLY: Offer accept and Contract awarded this day of 2021, as indicated on the
attached certification, by
(Authorized Representative of Department of Environmental Quality)
Ver: 4/22/19

Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
Contents
1.0 PURPOSE AND BACKGROUND 6
2.0 GENERAL INFORMATION 6
2.1 REQUEST FOR PROPOSAL DOCUMENT 6
2.2 RESERVED E-PROCUREMENT SOLICITATION 6
2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS 6
2.4 RFP SCHEDULE 7
2.5 PROPOSAL QUESTIONS 7
2.6 PROPOSAL SUBMITTAL 8
2.7 PROPOSAL CONTENTS 9
2.8 IMPORTANT INFORMATION AND RESTRICTIONS 11
2.9 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, & MAPS 12
2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS 12
3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 16
3.1 METHOD OF AWARD 16
3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION 16
3.3 PROPOSAL EVALUATION PROCESS 17
3.4 EVALUATION CRITERIA 18
3.5 PERFORMANCE OUTSIDE THE UNITED STATES 18
3.6 INTERPRETATION OF TERMS AND PHRASES 19
4.0 REQUIREMENTS 19
4.1 CONTRACT TERM 19
4.2 PRICING 19
4.3 DOWNWARD PAYMENT ADJUSTMENTS 19
4.4 INVOICES 19
4.5 PAYMENT TERMS 20
4.6 FINANCIAL STABILITY 20
4.7 FINANCIAL ASSURANCE 20
4.8 VENDOR EXPERIENCE 20
4.9 REFERENCES 20
4.10 BACKGROUND CHECKS 21
4.11 PERSONNEL 21
4.12 VENDOR'S REPRESENTATIONS 21
Ver: 4/22/19 Page 4 of 41

Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
5.0 SCOPE OF WORK 22
5.1 GENERAL 22
5.2 OBJECTIVES 22
5.3 TASKS 23
5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONE 25
5.5 ACCEPTANCE OF WORK 25
6.0 CONTRACT ADMINISTRATION 25
6.1 PROJECT MANAGER AND CUSTOMER SERVICE 25
6.2 DISPUTE RESOLUTION 25
6.3 CONTRACT CHANGES 26
6.4 CONTRACT ADMINISTRATOR 26
ATTACHMENT A: PRICING 27
ATTACHMENT B: INSTRUCTIONS TO VENDORS 28
ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS 31
ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR 37
ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION 38
ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION 39
ATTACHMENT G: VENDOR'S INFORMATION 40
ATTACHMENT H: TASK AND DELIVERABLES .41
Ver: 4/22/19 Page 5 of 41

Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
1.0 PURPOSE AND BACKGROUND
The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state's water resources.
This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to
successfully meet permit conditions mandated by the regulatory agencies.
This RFP is not an offer for a Contract, nor does the Department's acceptance of any Technical/Cost Proposal
guarantee a Contract with the Department. The Department reserves the right to reject any or all proposals deemed not
to be in the best interest of the State of North Carolina.
Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.
2.0 GENERAL INFORMATION
2.1 REQUEST FOR PROPOSAL DOCUMENT
The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award.
All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by
reference.
2.2 RESERVED E-PROCUREMENT SOLICITATION
ATTENTION: This is NOT an E-Procurement solicitation. Paragraph #16 of Attachment C: North Carolina General
Contract Terms and Conditions, paragraphs (b) and (c), do not apply to this solicitation.
2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS
It shall be the Vendor's responsibility to read the Instructions, the State's terms and conditions, all relevant exhibits and
attachments, and any other components made a part of this RFP and comply with all requirements and specifications
herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be
issued in connection with this RFP.
If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP,
those must be submitted as questions in accordance with the instructions in Section 2.5 PROPOSAL QUESTIONS. If
the State determines that any changes will be made as a result of the questions asked, then such decisions will be
communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later
negotiation and amendment of specific provisions of the Contract that have been addressed during the question and
answer period. Other than through this process, the State rejects and will not be required to evaluate or consider any
additional or modified terms and conditions submitted with Vendor's proposal. This applies to any language appearing
in or attached to the document as part of the Vendor's proposal that purports to vary any terms and conditions or Vendors'
instructions herein or to render the proposal non -binding or subject to further negotiation. Vendor's proposal shall
constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or
modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and
will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute
sufficient grounds to reject Vendor's proposal as nonresponsive.
By executing and submitting its proposal in response to this RFP, Vendor understands and agrees that the State may
exercise its discretion not to consider any and all proposed modifications Vendor(s) may request and may accept
Vendor's proposal under the terms and conditions of this RFP.
Contact with anyone working for or with the State regarding this RFP other than the State Contract Specialist named on
the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor's
offer, at the State's election.
Ver: 4/22/19 Page 6 of 41

Proposal Number: 16-20200301
2.4 RFP SCHEDULE
The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule.
Vendor: KCI Technologies, Inc.
Event
Responsibility
Date and Time
Issue RFP
State
12/01/2020 by 5:00pm
Virtual, Urged & Cautioned Pre -Bid Meeting
State
12/09/2020 at 10:30am
Submit Written Questions
Vendor
01/05/2021 by 5:00pm
Submit Proposals
Vendor
04/21/2021 by 2:00pm
Contract Award
State
TBD
Contract Effective Date
State
TBD
Virtual, Urged & Cautioned Pre -Bid Conference:
Date: December 09, 2020
Time: 10:30 AM Eastern Time
Contact #: [phone]
Instructions: Vendor representatives are URGED and CAUTIONED to attend this virtual event and apprise themselves
of the conditions and requirements that will affect the performance of the work called for by this RFP. A virtual, non -
mandatory Pre -Bid Conference is scheduled for 10:30 AM Eastern on Wednesday December 09, 2020. Submission of
a bid shall constitute conclusive evidence of Vendor's understanding of the purpose and significance of this event, and
no allowance will be made for unreported conditions that a prudent Vendor would recognize as affecting the performance
of the work called for in this bid. This conference is the only occasion on which this information shall be made available
for the RFP.
Vendor representatives may request an invitation to the pre -bid by submitting an email to [e-mail] on
or before the pre -bid date specified above. Vendors should enter "RFP#: Request to Attend Virtual Pre -bid" as the subject
line for the email. Vendor attendance will be limited to two (2) representatives. An email invitation to a Microsoft TEAMS
meeting will be sent to the email address(es) provided. (MS TEAMS is an online communication tool which allows a
virtual meeting setting to share information. The app is approved by the NC DEQ Division of Information Technology (IT)
and there is no purchase required for download and use.) Attendees are reminded to enter the MS TEAMS with camera
selected to the off position, and microphone muted. It is up to the vendor to check their internet connection ahead of
time as DMS will not be responsible for any connection issues vendors may experience during the conference. DMS will
provide attendees with a brief instructional overview for navigational guidance. Attendees are encouraged to ask RFP
related questions in writing using the chat tool. DMS will verbally respond to written questions.
Vendor is cautioned that any information released to attendees during the pre -bid, other than that involving the virtual
aspects referenced above, and which conflicts with, supersedes, or adds to requirements in this RFP, must be confirmed
by written addendum before it can be considered as a part of this bid.
Only one (1) pre -determined, pre -proposal conference will be held; individual pre -proposal
conferences are not allowed.
2.5 PROPOSAL QUESTIONS
Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the
best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by
the above due date.
Written questions shall be emailed to [e-mail] by the date and time specified above. Vendors should
enter "RFP #: 16-20190304: Questions" as the subject for the email. Questions submittals should include a reference to
the applicable RFP section and be submitted in a format shown below:
Reference
Vendor Question
Ver: 4/22/19
Page 7 of 41

Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
RFP Section, Page Number
Vendor question ...?
Questions received prior to the submission deadline date, the State's response, and any additional terms deemed
necessary by the State will be posted in the form of an addendum to the Interactive Purchasing System (IPS),
http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided
orally or informally by any State personnel, whether made in response to a question or otherwise in
connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material
contained in an Addendum to this RFP.
2.6 PROPOSAL SUBMITTAL
IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk for late submission due to unintended
or unanticipated delay —whether submitted electronically, delivered by hand, courier or other delivery service. It is the
Vendor's sole responsibility to ensure its proposal has been submitted to this Office by the specified time and date of
opening. The time and date of submission will be marked on each proposal when received. Any proposal -submitted after
the proposal deadline will be rejected. Attempts to submit a proposal via facsimile (FAX) machine, telephone or
email in response to this RFP shall NOT be accepted.
Office Address of delivery by any other method (special delivery,
overnight, or any other carrier).
PROPOSAL NUMBER: 16-20200301
NC DEQ - DIVISION OF MITIGATION SERVICES
ATTN: BROOKE WELLS
217 WEST JONES STREET, SUITE 3409-1
RALEIGH, NC 27603
a) Submit one (1) signed, original executed Technical Proposal responses, and four (4) photocopies, (All 5 Must Be
Placed in Separate - 3-Ring Binders or Notebooks and Include Section Tabs). Original responses must be
labeled.
b) Submit one (1) redacted electronic (Proprietary and Confidential Information Excluded) copy of the executed
Technical Proposal on one (1) USB flash drive simultaneously to the address identified in the table above. The
electronic files shall NOT be password protected, shall be in .PDF or .XLS format, and shall be capable of being
copied to other media including readable in Microsoft Word and/or Microsoft Excel.
c) Technical Proposal must list any proprietary information identified as confidential and proprietary in accordance with
Attachment B, Paragraph 14 of the Instructions to Vendors. The Division of Mitigation Services, in responding to
public records requests, will release the information provided. It is the sole responsibility of the Vendor to ensure that
this information complies with the requirements of Paragraph 14 of the Instructions to Vendors
d) Submit the boundaries of the proposed project on the USB flash drive containing the technical proposal described
above. The boundary can be the proposed easement(s) or the general project area. NCDMS expects the submitted
file to closely match the project area(s) shown in the project proposal location map. The file representing the
proposed project boundaries must: 1) Consist of an ArcMap multipart polygon format (.shp or geodatabase); 2)
Project in the State Plane Coordinate System (NAD 83) using a base unit of meters or feet; 3) Include the *.prj file
holding the coordinate system information; 4) Adhere to the following convention within the attribute table. Each
record represents a single boundary configuration in its entirety as proposed for consideration. If more than one
boundary configuration is proposed, a separate and discrete record is required. Each record must have the
following attribute information: Vendor name; Site Name (as named in proposal); Configuration/Option (as named
in proposal); Project Type (Stream, Wetland, Buffer or Combination); Coordinate_ System (SP Meters or SP Feet)
e) Submit your technical proposal in a sealed package. Clearly mark each package with: (1) Sealed Technical
Proposal (2) the RFP number, (3) the Due Date and Time, (4) Vendor Name and Address, (5) the River Basin
and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type of
Mitigation being proposed. Address the package(s) for delivery as shown in the table above. If Vendor is submitting
more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly.
For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package.
Ver: 4/22/19 Page 8 of 41

Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed
proposal package.
f) Submit one (1) signed, original executed cost proposal responses and one (1) photocopy (All must be placed in
one separately sealed envelope). All cost proposal response packages must be clearly marked with (1) Sealed
Cost Proposal (2) the RFP number, (3) the Due Date and Time, (4) Vendor Name and Address, (5) the River
Basin and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type
of Mitigation being proposed. If Vendor is submitting more than one (1) cost proposal option, each response
shall be submitted in a separately sealed envelope and marked accordingly. For delivery purposes, separately
sealed envelopes from a single Vendor may be included in the same outer package.
NOTE: All Technical and cost proposals must constitute a firm, irrevocable offer for a period of at least six (6)
months beyond the specified "Opening Date" for this RFP.
Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a
vendor's proposal(s).
Critical updated information may be included in Addenda to this RFP. It is important that all Vendors proposing on this
RFP periodically check the State's IPS website for any Addenda that may be issued prior to the bid opening date. All
Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto.
Contact with anyone working for or with the State regarding this RFP other than the State Contract Lead named on the
face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor's offer,
at the State's election.
2.7 PROPOSAL CONTENTS
Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an
authorized signature where requested. Vendor RFP responses shall include the following items and those attachments
should be arranged in the following order:
a) COVER LETTER
b) TITLE PAGE: Include the company name, address, phone number and authorized representative along with the
Proposal Number.
c) EXECUTION PAGES and any ADDENDA released in conjunction with this RFP that requires the Addenda to
be returned. These must be completed and signed. Failure to comply will result in your bid being disqualified.
d) EXECUTIVE SUMMARY: The executive summary shall consist of highlights of the general contents of the
proposal and shall clearly state the anticipated mitigation type and amount of credits proposed. If the Vendor is
proposing multiple mitigation options, each option shall be specifically described in this section. (Submitted
Mitigation credits as stated in the Executive Summary shall match the credit tables shown in the Technical
approach section of the submittal. This credit total also shall match the amount on the Sealed Bid Proposal
(attachment A).
e) CORPORATE BACKGROUND AND EXPERIENCE: This section shall include background information on the
firm submitting the proposal, the firm's ability to carry out all phases of the proposal, information concerning
similar mitigation projects completed in North Carolina and other states, the firm's office location(s), the
experience of the project manager, the firm's multidisciplinary approach to the project, the resumes of key
personnel for the primary Vendor and sub -vendors, and DBE/HUB participation.
f) PROJECT ORGANIZATION: This section must include the proposed staffing, deployment, and organization of
personnel to be assigned to this project. The Vendor shall provide information as to the qualifications and
experience of all executive, managerial, legal, and professional personnel to be assigned to this project,
including resumes citing experience with similar projects and the responsibilities to be assigned to each person.
g) TECHNICAL APPROACH: This section shall include and be completed in the following sequence:
• Project Goals and Objectives- Specifically describe how the proposed project will address the watershed
goals identified in the River Basin Restoration Plan (RBRP) applicable to the project area, and the
objectives that will be used to accomplish those goals. RBRPs can be found at:
Ver: 4/22/19 Page 9 of 41

Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
https://deq.nc.gov/about/divisions/mitiqation-services/dms-planninq/watershed-planning-documents
searchable by river basin. Unless otherwise specified in the RFP, the proposed ecological benefits and
functional uplift the project could provide may be determined at the discretion of the Vendor. If a proposed
site addresses more than one of the watershed goals, it will be taken into consideration in the site rating.
• Project Description- Provide a detailed description of the project including, but not limited to a description
of the site in its existing condition; watershed (including County and 14-digit Hydrologic Unit) and its
condition; soils and geology; anticipated cultural resources, protected species issues and known site
constraints (i.e. other easements, crossings, site access, etc.). Note: due to concerns regarding waterfowl
attraction in the vicinity of air transport facilities, the project description must include a site location map
that identifies any air transport facility located within 5 miles of the project site. The presence of an air
transport facility will not exclude the proposal from consideration.
• The proposal shall include a map(s) with topographic background that includes mapping of proposed
mitigation areas (Restoration, Enhancement, etc.)
• Project Development — Describe in detail the means by which the proposed changes will be made.
Describe in detail reasons for the anticipated activities and why these activities are warranted to the level
proposed. Clearly state the anticipated ecological uplift for each activity on the project. The project
development description must include:
• A general description for all stream crossings, fords, roads etc. The description must include the
location, width, and type of crossing (ford, culvert, bridge etc.). Crossings that utilize bridges and/or
culverts with fencing that permanently prevent livestock access both upstream and downstream of the
crossing (so that livestock exclusion is not dependent on the use of gates) provide better protection
of the riparian area, and possibly gaining more points on the Technical Proposal Scoresheet.
• Proposed Mitigation - Provide a description of the mitigation credits proposed. Include an explanation of
how the proposed credits were derived and a table of anticipated mitigation credits. The table shall include
a total for each type of mitigation (i.e. restoration, etc.) being offered. If multiple options are proposed, a
table for each option shall be provided. Mitigation credits shall match information provided in the sealed cost
sheets (Appendix A: Pricing).
• Current Ownership and Long -Term Protection - Identify the ownership of all parcels which will be affected
by the project. Include the landowners name and parcel number and the proposed method for providing long
term protection of the mitigation site. The long term protection may be provided through real estate
instruments such as conservation easements held by entities such as federal, tribal, state or local resource
agencies, non-profit conservation organizations, or private land managers; the transfer of title to such
entities; or by restrictive covenants.
• In this section of the technical proposal it should be clearly stated that conveyance of a conservation
easement to the State is the method that will be used to provide long term protection of the mitigation
site.
• A signed option agreement valid for a period of at least one -hundred eighty (180) days from the closing
date of this RFP, prepared in accordance with NCGS Chapter 47G-2, and recorded in the applicable
County(ies), or other suitable documentation of real property interest must be provided for each parcel.
• Project Phasing — Provide a complete schedule for completing the tasks for the project as identified in this
RFP. Describe methods for completing these tasks. The proposed schedule must be based on completion
of the project (seven (7) year monitoring period) within the ten (10) year contract period. The proposed
schedule should be based on the number of months (from contract issuance) needed to complete each of
the tasks listed in the scope of work.
• Success Criteria — Identify specific performance standards that are anticipated to be utilized to measure
success of the project. The success criteria must be directly related to the anticipated ecological uplift
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Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
identified in paragraph Project Development above.
• Quality Control — This section shall describe the Vendor's quality control program and other
procedures that will be used to ensure: 1) each deliverable (i.e. mitigation plan, baseline monitoring
document, monitoring report, etc.) is submitted in accordance with the schedule established in the
technical proposal, it follows the format(s) established by NCDMS, it contains all required information,
and is grammatically/typographically correct; and 2) sufficient oversight is provided during the
construction/planting phase so that the project is completed on schedule and is in compliance with
any required federal, state or local permit(s).
Maps diagrams, and/or photographs may be used to supplement the text and may be printed on one side.
However, the Technical Proposal should not exceed a total of 50 pages printed front to back (100-
page limit) and each shall be submitted within a three-ring binder with section tabs. Photographs,
maps and diagrams will count toward the 100 pages. If a technical proposal does not meet all the
Department's requirements, it will be rejected, and the corresponding sealed cost proposal will not
be opened.
h) ATTACHMENT A: PRICING (COMPLETED, SIGNED AND SEPARATELY SEALED)
i) ATTACHMENT B: INSTRUCTIONS TO VENDORS
j) ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS
k) ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR (COMPLETED)
I) ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION (COMPLETED AND SIGNED)
m) ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION (COMPLETED)
n) ATTACHMENT G: ADDITIONAL VENDOR INFORMATION (COMPLETED)
o) TECHNICAL SCORESHEET — COMPLETED (OPTIONAL)
2.8 IMPORTANT INFORMATION AND RESTRICTIONS
a) The DMS recognizes that a Vendor(s) might not be able to find one site that provides the total amount of
mitigation requested for the cataloging unit listed above. Therefore, proposals may be submitted in any of the
following categories:
• One or more sites providing all of the requested mitigation credits; or
• One or more sites providing a portion of the requested mitigation credits.
b) Unless the Vendor states in both the cover letter and the Executive Summary of the technical proposal that
multiple mitigation options are being offered for a site, and specifically describes each option, the Department
shall only consider the full proposal amount and will not extend an offer to contract for less than the full amount
indicated in the proposal.
c) Proposals will NOT be accepted using the following types of sites:
Ver: 4/22/19
1. Property purchased with Clean Water Management Trust Fund monies
2. Property that is enrolled in the Conservation Reserve Enhancement Program, Conservation Reserve
Program, Wetlands Reserve Program, or any other state or federal program that provides funds for any
of the tasks outlined in this RFP
3. Property that has been used for compensatory mitigation under Section 404 and/or 401 of the Clean
Water Act
4. Properties that are in the control of the State or currently in negotiation for compensatory mitigation
needs by any state agency
5. Properties that are controlled by any federal agency
6. Properties that have been timbered, filled, or manipulated (stream channel dredging or channel re -
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Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
alignment) in violation of federal or state rules or statutes.
d) Please note that the State of North Carolina will NOT accept fee simple title to any property as a result of this
RFP. As stated in the TASKS Section, long-term protection of the selected properties must be provided by a
conservation easement held by the State of North Carolina.
2.9 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, & MAPS
The latest required report templates, technical scoresheets, target watersheds and mapping and applicable to this
RFP are found at:
https://deq. nc.gov/about/divisions/mitigation-services/dms-vendors/rfp-forms-templates
2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS
Adjusted Credit Cost — The Credit Cost of a Site divided by the Proposal Rating; units are Dollars per Wetland
Mitigation Credit, Stream Mitigation credits, Buffer Mitigation credits, or Nutrient Offset Credits.
Agencies — The regulatory and advisory units of the state and federal government in North Carolina which are
involved in permitting and/or commenting on proposed activities in wetlands, streams, or riparian areas and in
approving and/or commenting on proposed compensatory wetland, stream, riparian buffer or nutrient offset
mitigation.
As -Built Drawings — Scale drawings depicting the final configuration, dimensions, and locations of all pertinent
features of a Site after all implementation activities have been completed.
Baseline Monitoring Document — A written document, supplemented with graphics (including as -built drawings),
that describes in detail the implemented mitigation site, the goals established for the project, how it was
implemented, how it will be monitored, the amount of mitigation credits the project will generate, and the criteria by
which its success will be determined.
Cataloging Unit ("CU") — A geographic area representing part or all of a River Basin and identified by an 8-digit
number as depicted on the "Hydrologic Unit Map — 1974, State of North Carolina, published by the U.S. Department
of Interior, Geological Survey".
Categorical Exclusion — Categories of actions that do not individually or cumulatively have a significant effect on
the human or natural environment and for which, therefore, neither an Environmental Assessment nor an
Environmental Impact Statement is required. The Categorical Exclusion will be satisfied by completing the
Categorical Exclusion Action Form and Document. The Categorical Exclusion must be approved by the
Federal Highway Administration (FHWA).
Coastal Wetland — As defined in North Carolina General Statute 113-229(n)(3) and described in the CAMA
Handbook for Development in Coastal North Carolina — Section 2(A)(4) found at:
http://portal.ncdenr.org/web/cm/104
Closeout Report — A component of the final year of the Monitoring Report that provides an assessment of the
monitoring data collected from the entire monitoring period to demonstrate attainment of success criteria.
Conservation Easement — A restriction landowners voluntarily place on specified uses of their property to protect its
natural, productive, or cultural features. It is recorded as a written legal agreement between the landowner and the
"holder" of the easement. The State of North Carolina must receive from the landowner a conservation easement as
prepared and facilitated by the full delivery provider for all NC Division of Mitigation Services full delivery projects.
Credit — A unit of measure (e.g., a functional or a real measure or other suitable metric) representing the accrual or
attainment of aquatic functions at a compensatory mitigation site, as approved by the regulatory agencies. The
measure of aquatic functions is based on the resources restored (rehabilitated), established, enhanced or preserved.
Credit Cost — Total bid cost divided by the number of offered credits for each type of mitigation.
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Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
Credit Release Schedule - The timeline established for the periodic release of mitigation credits based upon the
successful implementation of the approved Mitigation Plan, including construction and post -construction monitoring.
Department — The North Carolina Department of Environmental Quality (NCDEQ)
Division of Financial Services — Contracting arm of NCDEQ.
Division of Water Resources -Division in NCDEQ that is responsible for state water quality regulations.
DOA/P&C — The North Carolina Department of Administration, Division of Purchase and Contract.
Financial Assurance — Financial security assuring the ability of the provider to deliver the contracted for mitigation
credits. Financial Assurance must be provided through Performance Bonds, Letters of Credit or Casualty Insurance.
Hydrologic Unit ("HU") — A geographic area representing a portion of a Cataloging Unit as depicted on the
"Hydrologic Unit Map — 1974, State of North Carolina, published by the U.S. Department of Interior, Geological
Survey," and identified by a 14-digit number.
Interagency Review Team (IRT) — A group of federal, tribal, state, and/or local regulatory and resource agency
representatives that review documentation for, and advises the USACE district engineer on the establishment and
management of a stream and/or wetland mitigation bank or an in -lieu fee program.
Intermittent Stream — A well-defined channel that contains water for only part of the year, typically during winter
and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by storm water
runoff. An intermittent stream should score at least 19 points using the NC Division of Water Quality Classification
Manual, Version 4.11, 2010, effective September 1, 2010. This manual can be found at:
http://portal.ncdenr.org/web/wq/swp/ws/401 /waterresources/streamdeterminations
Jurisdictional Wetland - A wetland as defined in the 1987 Corps of Engineers Wetlands Delineation Manual.
Local Watershed Plan — an NCDMS watershed plan that is conducted in specific priority areas (typically one or
more TLWs) where NCDMS and the local community have identified a need to address critical watershed issues.
Through this planning process, NCDMS collaborates with local stakeholders and resource professionals to identify
projects and management strategies to restore, enhance and protect local watershed resources. LWPs can be found
by County or River Basin at:
https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents
Long Term Protection — as defined in the Federal Code of Regulations (Federal Register/Vol. 73, No. 70/Thursday,
April 10, 2008/ Rules and Regulations — Section 332.7 Management, the Long Term Protection of a mitigation site
may be provided through real estate instruments such as conservation easements held by entities such as federal,
tribal, state or local resource agencies, non-profit conservation organizations, or private land managers; the transfer
of title to such entities; or by restrictive covenants. The use of conservation easements and/or restrictive covenants
must receive prior approval by the United States Army Corps of Engineers (USACE) — District Engineer. As noted
in the Federal Code of Regulations, the USACE District Engineer shall consider relevant legal constraints on the use
of conservation easements and/or restrictive covenants in determining whether such mechanisms provide sufficient
protection.
Mitigation Plan — A written document, supplemented with graphics, which describes: the existing site conditions,
the goals and objectives of the project and other pertinent information. The Mitigation Plan is developed and
submitted prior to the implementation of the project.
Monitoring Report — A written document, supplemented with graphics due on December 1st of each year during
the seven (7) year monitoring period following the completion of construction. This report contains results of the
measured success criteria as defined in the Baseline Monitoring Document.
NCDMS — The North Carolina Division of Mitigation Services.
Non -Riparian Wetland — An area underlain with hydric soils that is NOT located in a geomorphic floodplain or
natural crenulation and NOT contiguous to natural lakes greater than 20 acres in size or artificial impoundments.
Non -Riparian Wetlands are typically found on flats in interstream divides (pocosins), side slopes (seeps), and in
Ver: 4/22/19 Page 13 of 41

Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
depressions surrounded by uplands (mafic depressions, lime sinks and Carolina Bays). The hydrology of non -
riparian wetlands is driven by precipitation and is characterized by groundwater being at or near the surface for much
of the year. Must meet US Army Corps of Engineers wetlands definition (33 CFR 328.3(b)).
Opening Date — The location, date, and time that the Sealed Technical Proposal and Sealed Cost Proposal must
be delivered to NCDMS. Proposals will not be accepted by NCDMS after the opening date/time.
Perennial Stream — A well-defined channel that contains water year-round during a year of normal rainfall, with the
aquatic bed located below the water table for most of the year. A perennial stream should score at least 30 points
using the NC Division of Water Quality Stream Classification Manual, Version 4.11, 2010, effective September 1,
2010. This manual can be found at:
http://portal.ncdenr.orq/web/wq/swp/ws/401/waterresou rces/streamdetermi nations
Preliminary Findings Report — An NCDMS report that is developed during the Local Watershed Planning process
that contains an evaluation of available data sources and an initial determination of watershed conditions; identifies
data gaps; and includes a plan for a detailed evaluation of the watershed and its water quality, habitat and hydrologic
functions.
Project Area — For the purposes of this RFP, project area is defined as the area within the proposed conservation
easement for the project.
Project Milestones — A deliverable, such as a document or completed action that signifies that the endo of a task
in the Scope of Service.
Property— A Site may be comprised of one or more pieces of real Property owned by one or more individual.
Proposal — The response to the RFP from an interested Vendor consisting of a signed Sealed Cost Proposal and a
Sealed Technical Proposal.
Proposed Project - a site that is in a pre -construction state and that is not associated with, or a part of, an
approved (signed, fully executed) Mitigation Banking Instrument by the closing date of this RFP.
Proposal Rating ("PR") — A value (number) that is calculated for each Proposal based upon the evaluation of the
Proposal by the PRC. The PR is established by dividing the points scored by the total amount of potential points.
Proposal Review Committee ("PRC") - A committee established by the NCDMS to review and evaluate each
Proposal received and to make recommendations to the NCDMS Director and Procurement Manager.
Release of Credits — means a determination by the USAGE district engineer in consultation with the IRT (or DWR
for riparian buffer and nutrient offset), that credits associated with an approved mitigation plan are available for sale
or transfer as defined under the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks
(Federal Register April 10, 2008, Volume 70, Number 73, pp 19594-19705).
RFP — Request for Proposals; the document issued by the Department to solicit Proposals from interested Vendors.
Riparian Buffer Mitigation Credit- The unit of measurement of the extent of riparian buffer mitigation being offered
in a Proposal.
Riparian Wetlands — An area that is underlain with hydric soils and located within a geomorphic floodplain or natural
crenulation, or contiguous with NATURAL water bodies greater than 20 acres in size.
River Basin — The largest category of surface water drainage; there are seventeen (17) river basins in North
Carolina.
River Basin Restoration Priorities - A planning document prepared by the NCDMS that targets specific watersheds
(TLWs) with descriptions of existing degradation and protection needs for restoration project implementation. Unless
otherwise stipulated in the RFP, NCDMS requires mitigation sites to be located in these targeted local watersheds
(i.e. hydrologic units).
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Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
Scope of Services — All services, actions, and physical work required by the Department to achieve the purpose
and objectives defined in the RFP; such services may include the furnishing of all required labor, equipment, supplies
and materials except as specifically stated.
Sealed Cost Proposal — The completed Sealed Cost Proposal form included in the RFP signed by the Vendor
specifying the total compensation requested for the performance of the specified scope of services as defined by
the RFP. If more than one Site is proposed, a separate Sealed Cost Proposal must be submitted for each Site. If
the Vendor is willing to offer multiple options (i.e. different quantities of mitigation at different credit costs) for one
proposed site, a separate Cost Proposal must be submitted for each option offered.
Service Area — 1) A geographic area where mitigation credits from a mitigation site can generally be utilized to
satisfy permit requirements. 2) A geographic area where a mitigation requirement can be satisfied.
Site — Property or properties identified by a Vendor in a Proposal as having potential to provide either wetland, stream,
buffer or nutrient offset mitigation. A proposed project shall describe mitigation activities that occur on a single
property parcel, or which occur on multiple property parcels. Project proposals shall demonstrate hydrologic
connectivity and/or habitat continuity such that the functional relationships between the project components,
encompassed within each parcel is evident. DMS shall have the sole discretion to determine whether the project
components have sufficient hydrologic connectivity and/or habitat continuity to be considered in a single project
proposal.
Stream Mitigation Credit — The unit of measurement of the extent of stream mitigation being offered in a Proposal.
Targeted Local Watershed (TLW) — A 14-digit Hydrologic Unit identified as a targeted area in the RFP. These are
preferred locations for mitigation projects because they may have environmental characteristics that can be
improved through restoration projects.
Targeted Resource Area (TRA) — Natural geographic grouping (cluster) of NHD-Plus catchments with high
predicted uplift potential for one or more functions (hydrology, water quality, habitat); will replace TLWs as the
basic priority unit in the updated RBRP methodology. TRAs have defined boundaries based on an area of
influence or an area of habitat extent NOT necessarily defined by a watershed boundary.
Technical Proposal — One of the two parts of the Proposal which contains a technical description of the proposed
mitigation.
USACE — United States Army Corps of Engineers, Regulatory Branch, Wilmington District
USGS — United States Geological Survey.
Vendor — A private agency, corporation, firm, organization, business, or individual offering to provide qualified
professional or specialized services to the Department; if two or more private agencies, corporations, organizations,
businesses or individuals join together in a prime vendor/sub-vendor relationship to submit a Proposal, the
Department will consider the prime vendor to be the Vendor; only the Vendor may enter into a Contract with the
Department (The words 'Vendor' and 'Contractor' are used interchangeably for this RFP).
Wetland Enhancement - means the manipulation of the physical, chemical and biological characteristics of a site
to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected
aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does
not result in a gain in aquatic resource area.
Wetland Preservation - means the removal of a threat to, or preventing the decline of, aquatic resources by an
action in or near those aquatic resources. This term includes those activities normally associated with the protection
and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms.
Preservation does not result in a gain in aquatic resource area or functions.
Wetland Restoration - means the manipulation of the physical, chemical and biological characteristics of a site with
the goal of returning natural/historic functions to a former or degraded aquatic resource. Wetland restoration is
divided into two categories: Re-establishment and Rehabilitation. See definition of Wetland Re-establishment and
Wetland Rehabilitation.
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Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
Wetland Re-establishment — means the manipulation of the physical, chemical and biological characteristics of a
site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in
rebuilding a former aquatic resource and results in a gain in aquatic resource area and function.
Wetland Rehabilitation — means the manipulation of the physical, chemical and biological characteristics of a site
with the goal of returning most, if not all of the natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area.
Wetland Mitigation Credit — The unit of measurement of the extent of wetland mitigation being offered in a Proposal.
3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS
3.1 METHOD OF AWARD
Contracts will be awarded in accordance with G.S. 143-52 and the evaluation criteria set out in this solicitation.
Prospective Vendors shall not be discriminated against on the basis of any prohibited grounds as defined by
Federal and State law.
All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and
achieving the highest and best final evaluation, based on the criteria described below.
The NCDMS Procurement Manager and the Director, will analyze the ranked sites, determine the proposal selections and
submit recommendations to the Department of Administration, Purchase & Contract section, as required, for approval,
taking into account the following information:
• adjusted credit cost
• credit cost
■ available funds
■ mitigation needs at the time of selection
■ the best interest of the State of North Carolina
While the intent of this RFP is to award a Contract(s) to single Vendor, the State reserves the right to make separate
awards to different Vendors for one contracts, to not award one or more contracts, or to cancel this RFP in its entirety
without awarding a Contract, if it is considered to be most advantageous to the State to do so.
The status of a Vendor's E-Procurement Services account(s) shall be considered a relevant factor in determining whether
to approve the award of a contract under this RFP. Any Vendor with an E-Procurement Services account that is in arrears
by 91 days or more at the time of proposal opening may, at the State's discretion, be disqualified from further evaluation
or consideration.
The State reserves the right to waive any minor informality or technicality in proposals received.
3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION
During the evaluation period —from the date proposals are opened through the date the contract is awarded —each
Vendor submitting a proposal (including its representatives, sub -contractors and/or suppliers) is prohibited from having
any communications with any person inside or outside the using agency, issuing agency, other government agency
office, or body (including the purchaser named above, department secretary, agency head, members of the general
assembly and/or governor's office), or private entity, if the communication refers to the content of Vendor's proposal or
qualifications, the contents of another Vendor's proposal, another Vendor's qualifications or ability to perform the
contract, and/or the transmittal of any other communication of information that could be reasonably considered to have
the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not
in compliance with this provision shall be disqualified from contract award, unless it is determined in the State's discretion
that the communication was harmless, that it was made without intent to influence and that the best interest of the State
would not be served by the disqualification. A Vendor's proposal may be disqualified if its sub -contractor and supplier
engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of
the procurement to the date of contract award). Only those discussions, communications or transmittals of information
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Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding
requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are
excepted from this provision.
3.3 PROPOSAL EVALUATION PROCESS
The State shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements
of the RFP.
The State will conduct a Two -Step evaluation of Proposals:
Proposals will be received from each Vendor as two separate volumes - the Technical Proposal and the Cost Proposal.
Both proposals (Technical and Cost) shall be signed and dated by an official authorized to bind the firm. Unsigned
proposals will not be considered.
NOTE: No technical information shall be contained in the cost proposal. No cost information shall be contained
in the technical proposal. Inclusion of any cost information in the technical proposal and/or any technical information
in the cost proposal shall constitute sufficient grounds to reject Vendor's proposal.
All proposals must be received by the issuing agency no later than the date and time specified on the cover sheet of this
RFP.
At that date and time, the package containing the technical proposals from each responding firm will be publicly opened
and the name of each Vendor announced publicly via TEAMS. Vendor representatives may request an invitation to the
opening by submitting an e-mail to [e-mail] on or before the opening date specified above. Vendors
should enter "RFP#: Request to Attend Virtual Opening" as the subject line for the email. Vendor attendance will be
limited to two (2) representatives. An email invitation to a Microsoft TEAMS meeting will be sent to the email address(es)
provided. (MS TEAMS is an online communication tool which allows a virtual meeting setting to share information. The
app is approved by the NC DEQ Division of Information Technology (IT) and there is no purchase required for download
and use.) Attendees are reminded to enter the MS TEAMS with camera selected to the off position, and microphone
muted. It is up to the vendor to check their internet connection ahead of time as DMS will not be responsible for any
connection issues vendors may experience during the conference.
A notation will also be made whether a separate sealed cost proposal has been received. Cost proposals will be placed
in safekeeping until opened at a later date.
All technical proposals will be evaluated prior to opening any cost proposal.
Upon completion of the technical evaluation, the cost proposals of those Vendors whose technical proposals have been
deemed acceptable will be publicly opened. The total cost offered by each firm will be tabulated and become a matter
of public record. Interested parties are cautioned that these costs and their components are subject to further evaluation
for completeness and correctness and therefore may not be an exact indicator of a Vendor's pricing position.
At their sole option, the evaluators may request oral presentations or discussions with any or all Vendors for the purpose
of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that
the evaluators are not required to request presentations or other clarification —and often do not; therefore, all proposals
must be complete and reflect the most favorable terms available from the Vendor.
Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of the
Vendor and its staff, and cost. Specific evaluation criteria are listed section 3.4 EVALUATION CRITERIA, below.
Vendors are cautioned that this is a request for proposals, not a request to contract, and the State reserves the
unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.
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Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
The State reserves the right to reject all original offers and request one or more of the Vendors submitting proposals
within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with the State,
if the initial responses to the RFP have been evaluated and determined to be unsatisfactory.
Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s)
to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other
proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and
represented the best value to the State.
3.4 EVALUATION CRITERIA
All qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an
award most advantageous to the State. A proposal may be rejected during any phase of review if the PRC determines
that the proposal has not provided the requested information in the specified format, has determined that the firm is not
qualified to perform the services, and/or if it has been determined that the proposal cannot provide the mitigation
indicated in the proposal. Each proposal will be reviewed and assigned a proposal rating prior to opening any cost
proposal.
Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of
the offeror and its staff, and cost. Specific evaluation criteria are listed below.
Technical
a) Technical Proposals will be reviewed for length, format requirements and qualifications of firm and project
approach by the Contract Administrator and Purchasing Agent. Only vendors who meet these initial
qualifications will move forward.
b) Upon completion of the initial review, a field review and evaluation of the proposed site will be conducted
by the PRC.
c) Each Vendor will be scored based on the Technical Scoresheet.
Price
a) Sealed cost proposals for all proposals still under consideration will be opened and tabulated.
b) The adjusted credit cost is a combined technical and cost measure and used for ranking sites. This is a
best value determination by NCDMS after evaluating all factors in the technical proposal and then
evaluating the cost proposal. The adjusted credit cost will be calculated and determined using the
following formula:
Credit Cost _ Proposal Rating (Technical Score)
Each site will be ranked by the lowest adjusted credit cost.
3.5 PERFORMANCE OUTSIDE THE UNITED STATES
Vendor shall complete ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other
evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual
contract performance outside of the United States, how that performance may affect the following factors to ensure that
any award will be in the best interest of the State:
a) Total cost to the State
b) Level of quality provided by the Vendor
c) Process and performance capability across multiple jurisdictions
d) Protection of the State's information and intellectual property
e) Availability of pertinent skills
f) Ability to understand the State's business requirements and internal operational culture
g) Particular risk factors such as the security of the State's information technology
h) Relations with citizens and employees
i) Contract enforcement jurisdictional issues
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Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
3.6 INTERPRETATION OF TERMS AND PHRASES
This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being
sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract
resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms
in accordance with the General Contract Terms and Conditions. The use of phrases such as "shall," "must," and
"requirements" are intended to create enforceable contract conditions. In determining whether proposals should be
evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed
to propose solutions that will satisfy the Department's needs as described in the Request for Proposal. Except as
specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from
consideration. However, failure to comply with any single requirement may result in the Department exercising its
discretion to reject a proposal in its entirety.
4.0 REQUIREMENTS
This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated
requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this
RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for
the State to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question
during the question and answer period in accordance with Section 2.5.
4.1 CONTRACT TERM
The Contract shall have maximum term of up to ten (10) years, beginning on the date of contract award (the "Effective
Date"). The Vendor shall begin work under the Contract within seven (7) business days of the Effective Date.
4.2 PRICING
Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and
specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not
invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT A: PRICING FORM and
include in Proposal.
4.3 DOWNWARD PAYMENT ADJUSTMENTS
Payment by the Department will be based on the number of credits the vendor is able to provide at the credit price first
established by the cost proposal pursuant to the proposal review process and credits identified in the technical proposal.
In order to ensure that the Department does not overpay at the end of the process, periodic adjustments may be made
so that the final total payment equals the final number of mitigation credits, as determined by the IRT, delivered by the
vendor multiplied by the original per credit price. Payment adjustments may be made after the initial contract is executed
based on the number of mitigation credits the project is anticipated to provide as documented after contract execution,
including but not limited to: completion of the mitigation plan; site restoration (earthwork/planting), completion of the
baseline monitoring document; the post construction monitoring period, and/or after final determination of mitigation
credits by the IRT.
4.4 INVOICES
a) Invoices are to be submitted to the NCDMS after its approval of each individual task/deliverable.
b) The Vendor must follow the NCDMS Invoice Guidelines dated March 1, 2014.
c) Final invoice must be received by the DEPARTMENT within 45 days after the end of the contract period.
d) Invoices must bear the correct contract number to ensure prompt payment. The Vendor's failure to include the
correct contract number may cause delay in payment.
e) Invoices must be submitted to the following address:
NC Department of Environmental Quality
Division of Mitigation Services
Attn: Debby Davis
1652 Mail Service Center
Raleigh, NC 27699-1652
Ver: 4/22/19 Page 19 of 41

Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
4.5 PAYMENT TERMS
a) The Vendor will be compensated at the rates quoted in the Vendor's Cost Proposal (as per the Payment
Schedule provided in Section 5.4).
b) The Vendor will be paid net thirty (30) calendar days after the Vendor's invoice is approved by the State
4.6 FINANCIAL STABILITY
Each Vendor shall certify it is financially stable by completing the ATTACHMENT E: CERTIFICATION OF FINANCIAL
CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is
financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State
within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this
Certification.
4.7 FINANCIAL ASSURANCE
The vendor must provide financial assurance in one of the following forms:
a) Performance Bonding — The vendor must provide security in the form of an acceptable performance bond as
described in the following paragraph to guarantee delivery of the maximum number of originally contracted
credits. The performance bond must be obtained from a company licensed in North Carolina as shown in the
Federal Treasury Listing of Approved Sureties (Circular 570). The maximum allowable amount provided by a
surety may not exceed the "underwriting limitation" for the surety as identified in the Federal Treasury Listing.
Although this RFP is a request for mitigation and not construction, the performance bond shall follow the
prescribed wording provided in N.C.G.S. § 44A-33. The performance bond must be for 55% of the total value of
the contract and must be in effect and submitted with the Task 3 deliverable before DMS will authorize payment
for that deliverable. The bond must remain in effect until the vendor has received written notification from the
DMS that the requirements of Task 6 (submittal of baseline monitoring report) have been met (the financial
assurance document must indicate that it is in effect through approval of task 6 and must include the NCDEQ
contract number). After the successful completion of Task 6, the bond can be retired.
b) Letters of Credit- LOCs must be drawn from a reputable bank identified by the FDIC as "Well Capitalized" or
"Adequately Capitalized" and follow the submittal timing, contract amounts and schedules for reduction as
those described above for the performance bonds. Evergreen or irrevocable LOCs shall be required to
provide a 120-day notice of cancellation, termination or non -renewal.
c) Casualty Insurance on underlying performance of credits of mitigation, must follow the same submittal timing,
contract amounts and reduction schedules as those described above in performance bonds. The insurance
must contain the following information:
The "NCDEQ DMS," the contract number and the Insured Property must be named in the insurance document.
NCDEQ shall have the sole right to place a claim against the policy.
Casualty Insurance can be written effective for one year, but notice from the Vendor, stating that it is currently in the
process of replacing the current policy, must be submitted to NCDMS at least one month before policy expiration
date.
4.8 VENDOR EXPERIENCE
In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size
and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience
of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing
experience with similar projects and the responsibilities to be assigned to each person.
4.9 REFERENCES
The State reserves the right to request and verify references. Upon request, references must be submitted within three
(3) business days. Failure to provide references will cause your proposal to be rejected.
Ver: 4/22/19 Page 20 of 41

Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
4.10 BACKGROUND CHECKS
Vendor and its personnel are required to provide or undergo background checks at Vendor's expense prior to beginning
work with the State. As part of Vendor background the details below must be provided to the State:
a) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud,
misappropriation, falsification or deception pending against Vendor of which it has knowledge or a statement it is
aware of none;
b) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees
expected to provide Services on this project by any state or federal regulatory agencies within the past three years
or a statement that there are none. As used herein, the term "regulatory sanctions" includes the revocation or
suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any
written warnings;
Vendor's responses to these requests shall be considered to be continuing representations, and Vendor's failure to notify
the State within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current
officers, directors or persons providing Services under this contract during its term shall constitute a material breach of
contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform Services
under this contract.
4.11 PERSONNEL
Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by
the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and
references of Vendor's recommended substitute personnel. The State will approve or disapprove the requested
substitution in a timely manner. The State may, in its sole discretion, terminate the services of any person providing
services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate
the contract services provided by such personnel.
4.12 VENDOR'S REPRESENTATIONS
a) Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner.
"Professional manner" means that the personnel performing the Services will possess the skill and competence
consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement
with a third party that may abridge any rights of the State under this Contract. Vendor will serve as the prime
contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that
may be approved by the State. Names of any third -party Vendors or subcontractors of Vendor may appear for
purposes of convenience in Contract documents; and shall not limit Vendor's obligations hereunder. Vendor will
retain executive representation for functional and technical expertise as needed in order to incorporate any work by
third party subcontractor(s).
b) If any Services, deliverables, functions, or responsibilities not specifically described in this Contract are required for
Vendor's proper performance, provision and delivery of the service and deliverables under this Contract, or are an
inherent part of or necessary sub -task included within such service, they will be deemed to be implied by and
included within the scope of the contract to the same extent and in the same manner as if specifically described in
the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management,
supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and
materials necessary for the Vendor to provide and deliver the Services and Deliverables.
c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the
contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being
brought against Vendor that could materially adversely affect performance of this Contract; and that entering into
this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.
Ver: 4/22/19 Page 21 of 41

Proposal Number: 16-20200301
5.0 SCOPE OF WORK
Vendor:
KCI Technologies, Inc.
5.1 GENERAL
The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state's water resources.
This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to
successfully meet permit conditions mandated by the regulatory agencies.
5.2 OBJECTIVES
The Department desires to acquire Mitigation Credits quantified in the table below and occurring within the service areas
for Cataloging Units 06010202; 06010203; 06010204 of the Little Tennessee River Basin (which can be found on the
DMS website at the following link: https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/rfp-forms-
templates). Proposals can be submitted outside of the designated Targeted Resource Areas; however, proposals that
are within DMS identified watershed planning areas and address specified watershed needs will be awarded additional
points during the technical review process.
RIVER BASIN
CATALOGING UNITS
Little Tennessee
06010202; 06010203; 06010204
Mitigation
Type
Requested Credits
Thermal
Regime
Credits Shall Not Exceed Preservation Percentage
Stream
8,500.00
Cold
10% of total CREDITS
DMS is not seekina Riparian Wetland credits at this time. On the Cost Proposal form (Attachment A), there is a line for
an optional riparian wetland credit cost. If DMS has a riparian wetland credit need during the contracted project
lifetime, an amendment can be made to the contract payable to the contracted vendor for the amount per credit
delivered (and accepted by the IRT) as indicated by the optional cost. Vendors must provide an optional cost for
Riparian Wetland credits if they wish DMS to purchase these credits from the vendor.
General Mitigation Information
Stream Mitigation:
The definitions of stream restoration, enhancement levels I and II, and preservation are defined in the Stream
Mitigation Guidelines (U.S. Army Corps of Engineers, Wilmington District, April, 2003) available on their website. For
the purposes of this RFP (the technical proposal, and any contract(s) that may result from this RFP), all mitigation
must be consistent with 2003 USACE Stream Mitigation Guidelines and the Wilmington District Stream and Wetland
Compensatory Mitigation Update (NCIRT-October 24, 2016).
Wetland Mitigation:
Information, including soil boring logs prepared by a Licensed Soil Scientist (LSS), must be provided in the technical
proposal to demonstrate that areas proposed for restoration consist predominantly of hydric soils, and:
1. Are not currently jurisdictional wetlands as defined in the 1987 US Army Corps of Engineers Wetland Delineation
Manual and USACE regional supplements, and that are devoid of the proper community type of vegetation (Wetland
Re-establishment).
2. Are degraded (poorly functioning) jurisdictional wetlands that have been drained or otherwise manipulated resulting
in a significant loss of wetland function (Wetland Rehabilitation). Wetland Rehabilitation should restore most, if not all
natural and/or historic functions to a degraded wetland.
3. Are degraded (poorly to moderately functioning) jurisdictional wetlands that have been manipulated resulting in a
loss of wetland function (Wetland Enhancement) — Wetland Enhancement results in the gain of selected wetland
function(s), but may also lead to a decline in other aquatic resource function(s).
Ver: 4/22/19 Page 22 of 41

Proposal Number: 16-20200301
5.3 TASKS
Vendor: KCI Technologies, Inc.
Task deliverables must meet the latest required report templates described in Section 2.9. Deliverable quantity, format,
and method of delivery are provided in Attachment H.
The Vendor may elect to complete Task 3 (site specific Mitigation Plan), including the requirement for financial
assurance (See FINANCIAL ASSURANCE section) prior to completion of Task 2.
Task 1 Environmental and Project Screening:
1. Conduct an on -site meeting with the IRT and DMS to discuss proposed mitigation plan and obtain concurrence
on planned work and crediting. Document and distribute site visit through notes and receive approval via
communication from IRT (e-mail or letter).
2. Follow procedure from most recent DMS and FHWA `Environmental Screening and Documentation Guidelines
for DMS Projects' for compliance with environmental laws and regulations. This screening tool and associated
documentation must be reviewed and approved by DMS and FHWA to meet categorical exclusion
requirements and demonstrate project will not have a significant environmental impact.
3. If applicable, provide a signed and dated DMS Full Delivery Landowner Authorization form prior to post -
contract site visit in accordance with USACE requirements.
4. If applicable, satisfy the public notification process in accordance with USACE requirements.
Task 2 Property:
Step One: Preliminary Process and Review
The Vendor shall provide the following task deliverables associated with the conservation
easement(s):
1. Draft Conservation Easement
• Use the latest conservation easement template found on the DMS website.
• The Vendor shall convey to the State of North Carolina the rights to all mitigation, including but not
limited to, stream, wetlands, riparian buffer, and nutrient offset mitigation credits derived from each
site and within the area of the conservation easement.
• The easement boundary may vary from the technical proposal in minor ways to accommodate for
unforeseen issues, but the project boundary must provide the contracted asset quantity as proposed.
• The Vendor must provide a copy of the conservation easement to the landowner.
• Potential tax implications such as NC General Statute 105-277.4 which addresses county
agricultural deferred taxes that may be incurred at closing should be communicated to the landowner.
2. Preliminary Survey Plat
• Reference the December 4, 2019 Survey Requirements link in the templates table.
3. Draft attorney's report on title based on a 30-year title search with all supporting deeds and documentation
• Each conservation easement conveyed must have good, marketable title free of liens and
encumbrances.
4.Title attorney's "Schedule A" with any documents describing possible exceptions to title and exhibits.
Step Two: Approval for Closing
1.SPO and DMS will review and issue written approval to record after documents meet requirements.
2.The Vendor shall record the final approved easement and plat and obtain all necessary approvals from the
County Review Officer.
Step Three: Task 2 Payment
The Vendor will complete the six (6) listed deliverables.
1. Recorded Conservation Easement
2. Recorded Survey Plat
3. Final attorneys report on title based on 30-year search with deeds and documentation.
Ver: 4/22/19 Page 23 of 41

Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
4.Original title insurance policy shall be forwarded to SPO immediately upon availability
5. Provide the full name, mailing address, phone number, and e-mail address (if available) of each grantor (via
electronic communication) to SPO and DMS.
6.Install survey monumentation and conduct boundary marking according to the "Survey Requirements for Full
Delivery Projects with Boundary Design and Fencing Guidelines" and in accordance with NCBELS.
ALLOWANCES:
1.The vendor may elect to install boundary marking earlier than Task 6. No payment for Task 6 will be
approved prior to installation.
2.The original title insurance policy(ies) must be received prior to payment for the Task 6 deliverable.
TASK 3
Develop a site -specific Draft mitigation plan, as appropriate for each site and submit it to the DMS for review,
comment, and approval. Submit a Final Draft mitigation plan for IRT review. Submit a Final mitigation plan with PCNs
for permitting. FINANCIAL ASSURANCE is also due as part of this deliverable.
Deliverables will not be approved without the strict adherence to the current version of the DMS digital
drawing guidance.
TASK 4
Secure any necessary permits and/or certifications (i.e. Erosion and Sedimentation Control permit, etc.). Submit
applicable permits, certifications, etc. to DMS prior to implementation of the earthwork portion of the mitigation project.
Upon completion of earthwork, notify DMS in writing of completion date.
TASK 5
Complete planting of the mitigation site and install all monitoring devices/plots. Vegetation must be planted at least six
months before vegetation monitoring activities are conducted at the end of the growing season. Upon completion of
planting and installation of monitoring devices/plots, notify DMS in writing of completion date.
Deliverables will not be approved without the strict adherence to the current version of the DMS digital
drawing guidance.
TASK 6
Prepare the baseline monitoring document and as -built drawings. The as -built drawings (final record of project
construction) should be submitted with the following criteria:
a. Pre -Construction Plan design
b. As -built survey (on same sheets as Pre -Construction Plan design)
c. Must bear Professional Land Surveyor (PLS) seal and/or Professional Engineer (PE) seal
where applicable
d. Annotation and corrections of the Pre -Construction Plan design
Deliverables will not be approved without strict adherence to the current version of the DMS digital drawing
guidance.
TASKS 7-13
Monitor the mitigation site as stipulated in the mitigation plan and baseline monitoring report to assess the success of
the restored site for a period of at least seven (7) years. Each annual monitoring report must be submitted to the DMS
by December 1st of the year during which the monitoring was conducted. The 7th year monitoring report (or final year
in cases where monitoring has been extended beyond 7 years) must include a closeout report that provides an
assessment of the monitoring data collected from the entire monitoring period. The Vendor must attend preparation
closeout meetings and present the final project to the IRT in closeout office/onsite meetings.
Deliverables will not be approved without the strict adherence to the current version of the
DMS digital drawing guidance.
Ver: 4/22/19 Page 24 of 41

Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONE
Project Milestones and Payment Schedule
Task
Project Milestone
Payment^
(% of Contract Value*)
1
Regulatory Site Visit & Environmental Screening
5
2
Submit Recorded Conservation Easement on the Site
20
3
Mitigation Plan (Final Draft) and Financial Assurance
15
4
Mitigation Site Earthwork completed
15
5
Mitigation Site Planting and Installation of Monitoring Devices
10
6
Baseline Monitoring Report (including As -Built Drawings)'
10
7
Submit Monitoring Report #1 to DMS (meets success criteria*)'
5
8
Submit Monitoring Report #2 to DMS (meets success criteria*)'
2
9
Submit Monitoring Report #3 to DMS (meets success criteria*)'
2
10
Submit Monitoring Report #4 to DMS (meets success criteria*)'
2
11
Submit Monitoring Report #5 to DMS (meets success criteria*)'
2
12
Submit Monitoring Report #6 to DMS (meets success criteria*)'
2
13
Submit Monitoring Report #7 to DMS and complete project Close-
Out process (meets success criteria*)'
10
TOTAL
100
^Vendor is only eligible for payment after DMS has approved the task/deliverable.
*If site fails to meet success criteria, as indicated in any monitoring report, payment of the monitoring task may
be made if a suitable contingency plan is submitted to and accepted by the DMS.
1 For any year, beginning with delivery of Task 6; if credits are withheld by the regulatory agencies or credits
are lost for other reasons, and deliverable payments must be adjusted, then all futureyearly payments will be
made following IRT yearly release of the credits.
5.5 ACCEPTANCE OF WORK
In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders
hereunder, the State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of
such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail
the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned
or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable.
Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work
or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the State
may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial
Code as adopted in North Carolina.
6.0 CONTRACT ADMINISTRATION
6.1 PROJECT MANAGER AND CUSTOMER SERVICE
The Vendor shall designate and make available to the State a project manager. The project manager shall be the State's
point of contact for contract related issues and issues concerning performance, progress review, scheduling and service.
Vendor must complete a copy of ATTACHMENT G: Additional Vendor Information and return with bid.
6.2 DISPUTE RESOLUTION
The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted
in writing to the State's Contract Lead for resolution. A claim by the State shall be submitted in writing to the Vendor's
Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such
dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform
their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties
Ver: 4/22/19 Page 25 of 41

Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this
Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute.
6.3 CONTRACT CHANGES
Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing
by the State and Vendor.
6.4 CONTRACT ADMINISTRATOR
Kristie Corson is designated as the contract administrator for the Department for the purposes of this RFP.
Ver: 4/22/19 Page 26 of 41

Proposal Number: 16-20200301
ATTACHMENT A: PRICING
Vendor: KCI Technologies, Inc.
RFP #: 16-20200301
RFP TITLE: Full Delivery Projects to Provide Stream Mitigation Credits within the Cataloging Units
06010202; 06010203; 06010204 of the Little Tennessee River Basin as described in the Scope of Work
A Separate Sealed Cost Proposal Is Required For Each Proposed Site And For Each Option Proposed For A
Site.
Vendor must list on the front of each sealed cost proposal envelope, the Site Name/Location and
Option Number (if Applicable) Must be Indicated
All costs related to the mitigation offered must be included in this SEALED COST PROPOSAL. No
additional charges for travel, per diem, or cost of any services will be allowed. Cost will be a major factor
in the selection of proposals. ALL Sealed Cost Proposals will be compared to mitigation cost data
maintained by the NCDMS.
SITE NAME
OPTION
PROPOSED COST
STREAM
(cold)
TOTAL CREDITS
CREDIT COST ($/CREDIT)
TOTAL COSTS
GRAND TOTAL:
Optional Riparian Wetland Credit Cost ($/Credit)
Printed Name of Authorized Representative Signature of Authorized Representative
Company Name (Printed) Date
Ver: 4/22/19 Page 27 of 41

Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
ATTACHMENT B: INSTRUCTIONS TO VENDORS
1. READ, REVIEW AND COMPLY: It shall be the Vendor's responsibility to read this entire document, review all
enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein,
regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document.
2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically
be disqualified from further consideration. It shall be the Vendor's sole responsibility to ensure the timely submission
of proposals.
3. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all proposals, to waive any
informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal.
4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, the State reserves the right to reject any and all offers,
in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered,
non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications
or indications that revision would be advantageous to the State, cancellation or other changes in the intended project
or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds,
circumstances that prevent determination of the best offer, or any other determination that rejection would be in the
best interest of the State.
5. EXECUTION: Failure to execute page 1 of the RFP (Execution Page) in the designated space shall render the
proposal non -responsive, and it will be rejected.
6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any
resulting contract documents, the order of precedence shall be (high to low) (1) any special terms and conditions
specific to this RFP, including any negotiated terms; (2) requirements and specifications and administration
provisions in Sections 4, 5 and 6 of this RFP; (3) North Carolina General Contract Terms and Conditions in
ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in
ATTACHMENT B: INSTRUCTIONS TO VENDORS; (5) ATTACHMENT A: PRICING, and (6) Vendor's proposal.
7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested in the spaces
provided in this document. Further, if required elsewhere in this proposal, each Vendor shall submit with its proposal
any sketches, descriptive literature and/or complete specifications covering the products and Services offered.
Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision.
Failure to comply with these requirements shall constitute sufficient cause to reject a proposal without further
consideration.
8. RECYCLING AND SOURCE REDUCTION: It is the policy of the State to encourage and promote the purchase of
products with recycled content to the extent economically practicable, and to purchase items which are reusable,
refillable, repairable, more durable and less toxic to the extent that the purchase or use is practicable and cost-
effective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in
the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The
Vendor remains responsible for providing packaging that will adequately protect the commodity and contain it for its
intended use. Vendors are strongly urged to bring to the attention of purchasers those products or packaging they
offer which have recycled content and that are recyclable.
9. CERTIFICATE TO TRANSACT BUSINESS IN NORTH CAROLINA: As a condition of contract award, each out -of -
State Vendor that is a corporation, limited -liability company or limited -liability partnership shall have received, and
shall maintain throughout the term of The Contract, a Certificate of Authority to Transact Business in North Carolina
from the North Carolina Secretary of State, as required by North Carolina law. A State contract requiring only an
isolated transaction completed within a period of six months, and not in the course of a number of repeated
transactions of like nature, shall not be considered as transacting business in North Carolina and shall not require a
Certificate of Authority to Transact Business.
10. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation
in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all print responses submitted meet the
Ver: 4/22/19 Page 28 of 41

Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
following:
• All copies of the proposal are printed double sided.
• All submittals and copies are printed on recycled paper with a minimum post -consumer content of 30%.
• Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non -recyclable or
non -reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three -
ringed binders, glued materials, paper clips, and staples are acceptable.
• Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and
binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility.
11. HISTORICALLY UNDERUTILIZED BUSINESSES: The State is committed to retaining Vendors from diverse
backgrounds, and it invites and encourages participation in the procurement process by businesses owned by
minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely
disabled. In particular, the State encourages participation by Vendors certified by the State Office of Historically
Underutilized Businesses, as well as the use of HUB -certified vendors as subcontractors on State contracts.
12. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference requirement to discourage other
states from favoring their own resident Vendors by applying a percentage increase to the price of any proposal from
a North Carolina resident Vendor. To the extent another state does so, North Carolina applies the same percentage
increase to the proposal of a vendor resident in that state. Residency is determined by a Vendor's "Principal Place
of Business," defined as that principal place from which the overall trade or business of the Vendor is directed or
managed.
13. INELIGIBLE VENDORS: As provided in G.S. 147-86.59 and G.S. 147-86.82, the following companies are
ineligible to contract with the State of North Carolina or any political subdivision of the State: a) any company
identified as engaging in investment activities in Iran, as determined by appearing on the Final Divestment List
created by the State Treasurer pursuant to G.S. 147-86.58, and b) any company identified as engaged in a boycott
of Israel as determined by appearing on the List of restricted companies created by the State Treasurer pursuant
to G.S. 147-86.81. A contract with the State or any of its political subdivisions by any company identified in a) or b)
above shall be void ab initio.
14. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain
as confidential trade secrets in its proposal that the Vendor does not wish disclosed. As a condition to confidential
treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as
"CONFIDENTIAL" by the Vendor, with specific trade secret information enclosed in boxes, marked in a distinctive
color or by similar indication. Cost information shall not be deemed confidential under any circumstances.
Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection
will be determined in accordance with G.S. 132-1.2. Any material labeled as confidential constitutes a representation
by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade
secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or
as confidential so far as is possible. If a legal action is brought to require the disclosure of any material so marked
as confidential, the State will notify Vendor of such action and allow Vendor to defend the confidential status of its
information.
15. PROTEST PROCEDURES: When a Vendor wishes to protest the award of The Contract awarded by the Division
of Purchase and Contract, or awarded by an agency in an awarded amount of at least $25,000, a Vendor shall
submit a written request addressed to the State Purchasing Officer at: Division of Purchase and Contract, 1305 Mail
Service Center, Raleigh, NC 27699-1305. A protest request related to an award amount of less than $25,000 shall
be sent to the purchasing officer of the agency that issued the award. The protest request must be received in the
proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest letters shall
contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and
any documentation providing support for the protesting party's claims. Note: Contract award notices are sent only
to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Proposal
status and Award notices are posted on the Internet at https://www.ips.state.nc.us/ips/. All protests will be handled
pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519.
16. MISCELLANEOUS: Any gender -specific pronouns used herein, whether masculine or feminine, shall be read and
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Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
construed as gender neutral, and the singular of any word or phrase shall be read to include the plural and vice
versa.
17. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise
reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until
after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any
communications with the using or issuing agency, or any other representative of the State concerning the solicitation,
during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the
Contract), unless the State directly contacts the Vendor(s) for purposes of seeking clarification or another reason
permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information
commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment,
commodity; (b) identify defects, errors and/or omissions in any other Vendor's proposal and/or prices at any time
during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could
influence the evaluation or award of a Contract related to this RFP. Failure to comply with this requirement shall
constitute sufficient justification to disqualify a Vendor from a Contract award. Only those communications with the
using agency or issuing agency authorized by this RFP are permitted.
18. TABULATIONS: Bid tabulations can be electronically retrieved at the Interactive Purchasing System (IPS),
https://www.ips.state.nc.us/ips/BidNumberSearch.aspx. Click on the IPS BIDS icon, click on Search for Bid, enter
the bid number, and then search. Tabulations will normally be available at this web site not later than one working
day after the bid opening. Lengthy or complex tabulations may be summarized, with other details not made available
on IPS, and requests for additional details or information concerning such tabulations cannot be honored.
19. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor
Portal (eVP) allows Vendors to electronically register for free with the State to receive electronic notification of current
procurement opportunities for goods and Services of potential interests to them available on the Interactive
Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other
purchasing information is available at the following website: https://ncadmin.nc.gov/about-doa/divisions/purchase-
contract.
20. WITHDRAWAL OF PROPOSAL: Proposals submitted electronically may be withdrawn at any time prior to the
date for opening proposals identified on the cover page of this RFP (or such later date included in an Addendum to
the RFP). Proposals that have been delivered by hand, U.S. Postal Service, courier or other delivery service may
be withdrawn only in writing and if receipt is acknowledged by the office issuing the RFP prior to the time for opening
proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). Written
withdrawal requests shall be submitted on the Vendor's letterhead and signed by an official of the Vendor authorized
to make such request. Any withdrawal request made after the opening of proposals shall be allowed only for good
cause shown and in the sole discretion of the Division of Purchase and Contract.
21. INFORMAL COMMENTS: The State shall not be bound by informal explanations, instructions or information
given at any time by anyone on behalf of the State during the competitive process or after award. The State is
bound only by information provided in writing in this RFP and in formal Addenda issued through IPS.
22. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the
Vendor's sole responsibility; the State of North Carolina will not reimburse any Vendor for any costs incurred or
associated with the preparation of proposals.
23. VENDOR'S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone
number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the
firm's proposal.
24. INSPECTION AT VENDOR'S SITE: The State reserves the right to inspect, at a reasonable time, the equipment,
item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as
necessary for the State's determination that such equipment, item, plant or other facilities conform with the
specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract.
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Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS
1. PERFORMANCE AND DEFAULT:
a) It is anticipated that the tasks and duties undertaken by the Vendor shall include services or the
manufacturing, furnishing, or development of goods and other tangible features or components as
deliverables that are directly correlated and/or ancillary to the services performed. Except as provided
immediately below, and unless otherwise mutually agreed in writing prior to award, any service deliverables
or ancillary services provided by Vendor in performance of the contract shall remain property of the State.
During performance, Vendor may provide proprietary components as part of the service deliverables that
are identified in the solicitation response. Vendor grants the State a personal, permanent, non -transferable
license to use such proprietary components of the service deliverables and other functionalities, as provided
under this Agreement. Any technical and business information owned by Vendor or its suppliers or licensors
made accessible or furnished to the State shall be and remain the property of the Vendor or such other
party, respectively. Vendor agrees to perform its services under the contract in the same or similar manner
provided to comparable users. The State shall notify the Vendor of any defects or deficiencies in
performance of its services or failure of service deliverables to conform to the standards and specifications
provided in this solicitation. Vendor agrees to remedy defective performance or any nonconforming
deliverables upon timely notice provided by the State.
b) Vendor has a limited, non-exclusive license to access and use State Data provided to Vendor, but solely for
performing its obligations under this Agreement and in confidence as may be further provided herein. Vendor
or its suppliers shall at a minimum, and except as otherwise specified and agreed herein, provide assistance
to the State related to all services performed or deliverables procured hereunder during the State's normal
business hours. Vendor warrants that its support, customer service, and assistance will be performed in
accordance with generally accepted and applicable industry standards.
c) If, through any cause, Vendor shall fail to fulfill in a timely and proper manner the obligations under The
Contract, the State shall have the right to terminate The Contract by giving written notice to the Vendor and
specifying the effective date thereof In that event and subject to all other provisions of this contract, all
finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the
State, become its property, and the Vendor shall be entitled to receive compensation for units actually
produced, if any, in an amount determined by reducing the total amount due had the full number of Units
been produced pro rata, such that the ratio of the final compensation actually paid to the original total amount
due in accordance with Attachment A (as amended, if applicable) is equal to the ratio of the Units actually
generated to the total Units identified in Attachment A.
d) In the event of default by the Vendor, the State may procure the goods and services necessary to complete
performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned
thereby. In addition, in the event of default by the Vendor under The Contract, or upon the Vendor filing a
petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State may
immediately cease doing business with the Vendor, immediately terminate The Contract for cause, and may
take action to debar the Vendor from doing future business with the State.
2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate
alteration of the goods, material, quality, workmanship or performance of the Services offered prior to acceptance,
it shall be the responsibility of the Vendor to notify the Contract Lead at once, in writing, indicating the specific
regulation which required such alterations. The State reserves the right to accept any such alterations, including any
price adjustments occasioned thereby, or to cancel the Contract.
3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the
availability of funds to the agency for the purpose set forth in The Contract.
4. TAXES: Any applicable taxes shall be invoiced as a separate item.
a) G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor
or its affiliates meet one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax on sales of
tangible personal property to purchasers in North Carolina. Conditions under G.S. 105-164.8(b) include: (1)
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Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales
or transact business on behalf of the Vendor and (3) Systematic exploitation of the market by media -
assisted, media -facilitated, or media -solicited means. By execution of the proposal document the Vendor
certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.
b) The agency(ies) participating in The Contract are exempt from Federal Taxes, such as excise and
transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency.
c) Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless
required by the North Carolina Department of Revenue.
5. SITUS AND GOVERNING LAWS: This Contract is made under and shall be governed and construed in accordance
with the laws of the State of North Carolina, without regard to its conflict of laws rules, and within which State all
matters, whether sounding in Contract or tort or otherwise, relating to its validity, construction, interpretation and
enforcement shall be determined.
6. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of a correct invoice or acceptance
of goods, whichever is later. The using agency is responsible for all payments to the Vendor under the Contract.
Payment by some agencies may be made by procurement card, if the Vendor accepts that card (Visa, MasterCard,
etc.) from other customers, and it shall be accepted by the Vendor for payment under the same terms and conditions
as any other method of payment accepted by the Vendor. If payment is made by procurement card, then payment
may be processed immediately by the Vendor.
7. NON-DISCRIMINATION:
a. The Vendor will take necessary action to comply 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 on the basis of any prohibited grounds as defined by Federal and State law.
b. The vendor will take necessary action to ensure its internal employee policies and procedures are consistent
with Executive Order #82 (Roy Cooper, December 6, 2018), which extends workplace protections and
accommodations to pregnant employees.
8. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is
understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in
first class condition. All containers/packaging shall be suitable for handling, storage or shipment.
9. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY: Vendor shall hold and save the State, its officers,
agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement
of the rights of any third party in any copyrighted material, patented or patent -pending invention, article, device or
appliance delivered in connection with The Contract.
a. Vendor warrants to the best of its knowledge that:
i. Performance under The Contract does not infringe upon any intellectual property rights of any
third party; and
ii. There are no actual or threatened actions arising from, or alleged under, any intellectual property
rights of any third party;
b. Should any deliverables supplied by Vendor become the subject of a claim of infringement of a patent,
copyright, trademark or a trade secret in the United States, the Vendor, shall at its option and expense,
either procure for the State the right to continue using the deliverables, or replace or modify the same to
become non -infringing. If neither of these options can reasonably be taken in Vendor's judgment, or if
further use shall be prevented by injunction, the Vendor agrees to cease provision of any affected
deliverables and refund any sums the State has paid Vendor and make every reasonable effort to assist
the State in procuring substitute deliverables. If, in the sole opinion of the State, the cessation of use by
the State of any such deliverables due to infringement issues makes the retention of other items acquired
from the Vendor under this Agreement impractical, the State shall then have the option of terminating the
Agreement, or applicable portions thereof, without penalty or termination charge; and Vendor agrees to
refund any sums the State paid for unused Services or Deliverables.
c. The Vendor, at its own expense, shall defend any action brought against the State to the extent that such
action is based upon a claim that the deliverables supplied by the Vendor, their use or operation, infringes
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Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
on a patent, copyright, trademark or violates a trade secret in the United States. The Vendor shall pay
those costs and damages finally awarded or agreed in a settlement against the State in any such action.
Such defense and payment shall be conditioned on the following:
i. That the Vendor shall be notified within a reasonable time in writing by the State of any such
claim; and
ii. That the Vendor shall have the sole control of the defense of any action on such claim and all
negotiations for its settlement or compromise provided, however, that the State shall have the
option to participate in such action at its own expense.
d. Vendor will not be required to defend or indemnify the State if any claim by a third party against the State
for infringement or misappropriation results from the State's material alteration of any Vendor -branded
deliverables or services, or from the continued use of the deliverable(s) or Services after receiving notice
of infringement on a trade secret of a third party.
10. TERMINATION FOR CONVENIENCE: If this contract contemplates deliveries or performance over a period of time,
the State may terminate this contract at any time by providing 60 days' notice in writing from the State to the Vendor.
In that event, any or all finished or unfinished deliverables prepared by the Vendor under this contract shall, at the
option of the State, become its property. If the contract is terminated by the State as provided in this section, the
State shall pay for those items for which such option is exercised, less any payment or compensation previously
made.
11. ADVERTISING: Vendor agrees not to use the existence of The Contract or the name of the State of North Carolina
as part of any commercial advertising or marketing of products or Services. A Vendor may inquire whether the State
is willing to act as a reference by providing factual information directly to other prospective customers.
12. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using
agency's internal auditors shall have access to persons and records related to The Contract to verify accounts and
data affecting fees or performance under the Contract, as provided in G.S. 143-49(9).
13. ASSIGNMENT: No assignment of the Vendor's obligations nor the Vendor's right to receive payment hereunder
shall be permitted.
However, upon written request approved by the issuing purchasing authority and solely as a convenience to the
Vendor, the State may:
a) Forward the Vendor's payment check directly to any person or entity designated by the Vendor, and
b) Include any person or entity designated by Vendor as a joint payee on the Vendor's payment check.
In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor shall
remain responsible for fulfillment of all Contract obligations. Upon advance written request, the State may, in its
unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate
reorganization, if made as part of the transfer of all or substantially all of the Vendor's assets. Any purported
assignment made in violation of this provision shall be void and a material breach of The Contract.
14. INSURANCE:
COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial
insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a
minimum, the Vendor shall provide and maintain the following coverage and limits:
a) Worker's Compensation - The Vendor 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 $500,000.00,
covering all of Vendor's employees who are engaged in any work under the Contract in North Carolina. If any work
is sub -contracted, the Vendor shall require the sub -Contractor to provide the same coverage for any of his employees
engaged in any work under the Contract within the State.
b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an
occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. Defense cost shall be in excess
of the limit of liability.
c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non -
owned vehicles, used within North Carolina in connection with the Contract. The minimum combined single limit
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Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and
$2,500.00 medical payment.
REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor
and is of the essence of The Contract. 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 Vendor 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 The Contract. The limits of coverage under each
insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor's liability and obligations
under the Contract.
15. GENERAL INDEMNITY: The Vendor shall hold and save the State, its officers, agents, and employees, harmless
from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation
furnishing or supplying work, Services, materials, or supplies in connection with the performance of The Contract,
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 Vendor in the performance of The Contract and that are attributable to the negligence or
intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days from the date
that the State has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any
kind or nature against the State's agents who are involved in the delivery or processing of Vendor deliverables or
Services to the State. The representation and warranty in the preceding sentence shall survive the termination or
expiration of The Contract.
16. ELECTRONIC PROCUREMENT:
a) Purchasing shall be conducted through the Statewide E-Procurement Service. The State's third -party agent shall
serve as the Supplier Manager for this E-Procurement Service. The Vendor shall register for the Statewide E-
Procurement Service within two (2) business days of notification of award in order to receive an electronic purchase
order resulting from award of this contract.
b) THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE OF 1.75% (.0175) ON THE TOTAL
DOLLAR AMOUNT (EXCLUDING SALES TAXES) OF ALL GOODS INCLUDED ON EACH PURCHASE ORDER
ISSUED THROUGH THE STATEWIDE E-PROCUREMENT SERVICE. This applies to all purchase orders, regardless
of the quantity or dollar amount of the purchase order. The transaction fee shall not be stated or included as a separate
item on the invoice. There are no additional fees or charges to the Vendor for the services rendered by the Supplier
Manager under this contract. Vendor will receive a credit for transaction fees they paid for the purchase of any item(s)
if an item(s) is returned through no fault of the Vendor. Transaction fees are non-refundable when an item is rejected
and returned, or declined, due to the Vendor's failure to perform or comply with specifications or requirements of the
contract.
c) Vendor or its Authorized Reseller, as applicable, will be invoiced monthly for the State's transaction fee by the Supplier
Manager. The transaction fee shall be based on a) purchase activity for the prior month, or b) purchases for which the
supplier invoice has been paid. Unless Supplier Manager receives written notice from the Vendor identifying with
specificity any errors in an invoice for the transaction fee within thirty (30) days of the receipt of invoice, such invoice
shall be deemed to be correct and Vendor shall have waived its right to later dispute the accuracy and completeness of
the invoice. Payment of the transaction fee by the Vendor is due to the account designated by the State within thirty
(30) days after receipt of the invoice for the transaction fee. If payment of the transaction fee is not received by the State
within this payment period, it shall be considered a material breach of contract. Pursuant to G.S. 147-86.23, the Service
will charge interest and late payment penalties on past due balances. Interest shall be charged at the rate set by the
Secretary of Revenue pursuant to G.S. 105-241.21 as of the date the balances are past due. The late -payment penalty
will be ten percent (10%) of the account receivable. Within thirty (30) days of the receipt of invoice, Vendor may dispute
in writing the accuracy of an invoice. No interest shall be charged on disputed and overdue amounts to the extent the
State agrees to reduce or adjust the amount in dispute. The Supplier Manager shall provide, whenever reasonably
requested by the Vendor in writing (including electronic documents), supporting documentation from the E-Procurement
Service that accounts for the amount of the invoice.
d) The Supplier Manager will capture the order from the State approved user, including the shipping and payment
information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Supplier Manager
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Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
will send those orders to the appropriate Vendor on State Contract. The State or State -approved user, not the Supplier
Manager, shall be responsible for the solicitation, bids received, evaluation of bids received, award of contract, and the
payment for goods delivered.
e) Vendor shall at all times maintain the confidentiality of its user name and password for the Statewide E-Procurement
Services. If Vendor is a corporation, partnership or other legal entity, then the Vendor may authorize its employees to
use its password. Vendor shall be responsible for all activity and all charges by such employees. Vendor agrees not to
permit a third party to use the Statewide E-Procurement Services through its account. If there is a breach of security
through the Vendor's account, Vendor shall immediately change its password and notify the Supplier Manager of the
security breach by email. Vendor shall cooperate with the State and the Supplier Manager to mitigate and correct any
security breach.
17. SUBCONTRACTING: Performance under The Contract by the Vendor shall not be subcontracted without prior
written approval of the State's assigned Contract Lead. Unless otherwise agreed in writing, acceptance of a Vendor's
proposal shall include approval to use the subcontractor(s) that have been specified therein.
18. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or prepared
or assembled by or provided to the Vendor under The Contract shall be kept as confidential, used only for the
purpose(s) required to perform The Contract and not divulged or made available to any individual or organization
without the prior written approval of the State.
19. CARE OF STATE DATA AND PROPERTY: The Vendor agrees that it shall be responsible for the proper custody
and care of any data owned and furnished to the Vendor by the State (State Data), or other State property in the
hands of the Vendor, for use in connection with the performance of The Contract or purchased by or for the State
for The Contract. Vendor will reimburse the State for loss or damage of such property while in Vendor's custody.
The State's Data in the hands of the Vendor shall be protected from unauthorized disclosure, loss, damage,
destruction by a natural event or other eventuality. Such State Data shall be returned to the State in a form acceptable
to the State upon the termination or expiration of this Agreement. The Vendor shall notify the State of any security
breaches within 24 hours as required by G.S. 143B-1379. See G.S. 75-60 et seq.
20. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North
Carolina or any of its agencies shall disclose to inbound callers the location from which the call or contact center
services are being provided.
If, after award of a contract, the contractor wishes to relocate or outsource any portion of performance to a location
outside the United States, or to contract with a subcontractor for any such performance, which subcontractor and
nature of the work has not previously been disclosed to the State in writing, prior written approval must be obtained
from the State agency responsible for the contract.
Vendor shall give notice to the using agency of any relocation of the Vendor, employees of the Vendor,
subcontractors of the Vendor, or other persons providing performance under a State contract to a location outside
of the United States.
21. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and
licensing requirements that are applicable to the conduct of its business and its performance in accordance with
The Contract, including those of federal, state, and local agencies having jurisdiction and/or authority.
22. ENTIRE AGREEMENT: This RFP and any documents incorporated specifically by reference represent the entire
agreement between the parties and supersede all prior oral or written statements or agreements. This RFP, any
addenda hereto, and the Vendor's proposal are incorporated herein by reference as though set forth verbatim.
All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained
herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or
unless superseded by applicable Federal or State statutes of limitation.
23. ELECTRONIC RECORDS: The State will digitize all Vendor responses to this solicitation, if not received
electronically, as well as any awarded contract together with associated procurement -related documents. These
electronic copies shall constitute a preservation record and shall serve as the official record of this procurement
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Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
with the same force and effect as the original written documents comprising such record. Any electronic copy,
printout or other output readable by sight shown to reflect such record accurately shall constitute an "original."
24. AMENDMENTS: This Contract may be amended only by a written amendment duly executed by the State and the
Vendor.
25. NO WAIVER: Notwithstanding any other language or provision in The Contract, nothing herein is intended nor
shall be interpreted as a waiver of any right or remedy otherwise available to the State under applicable law. The
waiver by the State of any right or remedy on any one occasion or instance shall not constitute or be interpreted
as a waiver of that or any other right or remedy on any other occasion or instance.
26. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it
is prevented from performing such obligations as a result of events beyond its reasonable control, including without
limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or
refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other catastrophic
natural event or act of God.
27. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in The Contract, nothing herein is intended
nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity or other State
or federal constitutional provision or principle that otherwise would be available to the State under applicable law.
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Proposal Number: 16-20200301
Vendor: KCI Technologies, Inc.
ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR
In accordance with NC General Statute 143-59.4, the Vendor shall detail the location(s) at which performance will occur,
as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance
of this Contract. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior
to making an award. Please complete items a, b, and c below.
a) Will any work under this Contract be performed outside the United States? ❑ YES X❑ NO
If the Vendor answered "YES" above, Vendor must complete items 1 and 2 below:
1. List the location(s) outside the United States where work under this Contract will be performed by the Vendor,
any sub -Contractors, employees, or other persons performing work under the Contract:
2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates
or any other sub -Contractors that will perform work outside the U.S.:
b) The Vendor agrees to provide notice, in writing to the State, of the relocation of the
Vendor, employees of the Vendor, sub -Contractors of the Vendor, or other persons ® YES ❑ NO
performing services under the Contract outside of the United States
NOTE: All Vendor or sub -Contractor personnel providing call or contact center services to
the State of North Carolina under the Contract shall disclose to inbound callers the
location from which the call or contact center services are being provided.
c) Identify all U.S. locations at which performance will occur:
Raleigh, NC
Ver: 4/22/19 Page 37 of 41

Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION
Name of Vendor: KCI Technologies, Inc.
The undersigned hereby certifies that: [check all applicable boxes]
® The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the
latest audit of its financial statements.
Date of latest audit: June 22, 2020
• The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or
any other government entity.
• The Vendor is current in all amounts due for payments of federal and state taxes and required employment -
related contributions and withholdings.
® The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law.
▪ The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings
of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of
this Contract.
▪ He or she is authorized to make the foregoing statements on behalf of the Vendor.
Note: This is a continuing certification and Vendor shall notify the Contract Lead within 15 days of any material
change to any of the representations made herein.
If any one or more of the foregoing boxes is NOT checked, Vendor shall explain the reason in the space below:
Signat e
Nathan Beil, PE
Printed Name
Date
Chief Executive Officer
Title
[This Certification must be signed by an individual authorized to speak for the Vendor]
Ver: 4/22/19
Page 38 of 41

Proposal Number: 16-20200301 Vendor: KCI Technologies, Inc.
ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION
HISTORICALLY UNDERUTILIZED BUSINESSES
Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least
fifty-one percent owned and operated by an individual(s) of the categories. Also included in this category are disabled
business enterprises and non-profit work centers for the blind and severely disabled.
Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, the State invites and encourages participation in this
procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-
profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required
functions in this RFP. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically
Underutilized Businesses at [phone]. The Vendor shall respond to question #1 and #2 below.
a) Is Vendor a Historically Underutilized Business? ❑ Yes ® No
b) Is Vendor Certified with North Carolina as a Historically Underutilized Business? ❑ Yes ® No
If so, state HUB classification:
Ver: 4/22/19 Page 39 of 41

Proposal Number: 16-20200301 Vendor:
ATTACHMENT G: VENDOR'S INFORMATION
KCI Technologies, Inc.
Vendors Primary Contact (or Project Manager)
Name:
Gary M. Mryncza, PE
Agency:
KCI Technologies, Inc.
Title:
Senior Vice President
Address:
4505 Falls of Neuse Road, Suite 400
City:
Raleigh
Statel Zip:
NC 27609
Telephone:
919-783-9214
Fax:
919-783-9266
Email:
[e-mail]
Vendors Execution Address (Where the contract should be mailed for signature)
Name:
Gary M. Mryncza, PE
Agency:
KCI Technologies, Inc.
Title:
Senior Vice President
Address:
4505 Falls of Neuse Road, Suite 400
City:
Raleigh
Statel Zip:
NC 27609
Telephone:
919-783-9214
Fax:
919-783-9266
Email:
[e-mail]
Vendors Payment (Remit To) Address (Where the checks should be mailed
(This address should agree with the "Remit -To" address associated with the Vendor's Tax ID. This information
must be verified with the Vendor's Corporate Accounting Office)
Name:
Laurie Arensdorf
Agency:
KCI Technologies, Inc.
Title:
Vice President
Address:
4505 Falls of Neuse Road, Suite 400
City:
Raleigh
State/ Zip:
NC 27609
Telephone:
919-783-9214
Fax:
919-783-9266
Email:
[e-mail]
Ver: 4/22/19
Page 40 of 41

ATTACHMENT H: Tasks and Deliverables
Tasks and Deliverables
Format
Delivery Method 1
Task #
Task Description
Task Deliverable
Hardcopy (#)
Adobe PDF
MS Word
Digital Survey in
AutoCAD (.dwg)**
Digital Survey in
ArcMap (.shp)**
E-Mail
NOTES:
1
Environmental &
Project Screening
Approved Categorical Exclusion
Regulatory Agency post -contract
site visit Meeting Minutes
X
X
X
X
2
Property
Draft Conservation Easement
Preliminary Conservation
Easement Survey
Draft Attorney's Report/30-year
title search
Draft Title Attorney's "Schedule
A"
Recorded Conservation
Final Conservation Easement
Survey
Final Attorney's Report/30-year
title search; deeds;
documentation
- - - - - -
Original Title Insurance Policy
Survey monumentation
installation
DMS
SPO
DMS
SPO
DMS
SPO
DMS
SPO
DMS
SPO
DMS
SPO
1
1
1
- - - -
1
X X
X
X
X X
X X
- - - -
X X
X X
- - - -
X X
X X
- - - - - -
X X
X X
- - - - - -
X X
X X
X X
X X
X X
X X
X X
- - - - - - -
X X
- - - - - - - - - - - - - - - -
documented on As -Built Survey per Task 6
3
Mitigation Plan &
Financial Assurance
Draft Mitigation Plan
Final Draft Mitigation Plan
(including revisions made during
deliverable review)
Financial Assurance
- - - - - - - - -
Final Mitigation Plan
PCN forms (completed with DMS
as Permittee, Vendor as Agent)
and IRT comment resonse letter
2
3
1
- - - -
2
2
x
X
- - - -
x
x
- - -
- - - -
- - - - - -
- - - - - -
x
X
- - - - - -
- - - - - -
x
X
- - - - - - -
X
- - - - - -
X
X
DMS will upload the Final Draft Mitigation Report to the IRT
Sharepoint for review by IRT members, and distribute a
hardcopy each to USACE and DWR.
- - - - - - - - - - - - - - - - -
DMS will distribute the Final Mitigation Plan to the USACE.
Vendor will upload to Final Mitigation Plan to the NC Division
of Water Resources online document library at the following
" '
https://edocs.deq.nc.gov/Forms/Mitigation Information Upload
Instructions for uploading documents are found online at the
following link:
https://edocs.deq.nc.gov/WaterResources/O/doc/620121/Pagelaspx
DMS will distribute 1 signed PCN to the USACE, and return 1
signed PCN to the Vendor. The Vendor will upload the
returned, signed PCN with the Final Mitigation Plan to the NC
Division of Water Resources online document library at the link
provided above.
4
Permitting
Permits and certifications
X
X
5
Planting &
monitoring
Written documentation
- - - -
1
1
1
1
- - - -
1
1
X
- - - -
X
X
X
X
- - - -
X
X
- - - -
- - - -
- - - - - -
X
X
- - - - - -
- - - - - -
X
X
X
X
- - - - - -
X
X
X
- - - - - - -
X
X
X
X
- - - - - - -
X
X
- - - - - - - - - - - - - - - -
Vendor will upload to Final Baseline Monitoring Report and As
Built Drawings to the NC Division of Water Resources online
document library at the link provided above.
Vendor will upload to Final to the NC Division of Water
Resources online document library at the link provided above.
- - - - - - - - - - - - - - - -
Vendor will upload to Final to the NC Division of Water
Resources online document library at the link provided above.
6
Baseline Monitoring
& As -Built Drawings
Draft Baseline Monitoring report,
As -Built Drawings, digital
deliverables
Final Baseline Monitoring report,
As -Built Drawings, digital
deliverables (including revisions
made during deliverable review
& Quality Control)
7-12
Monitoring Years 1-6
Draft Annual Monitoring Report
& digital deliverables
Final Annual Monitoring Report
& digital deliverables
13
Monitoring Year 7
and project Closeout
Draft Annual Monitoring Report
#7, Closeout Report & digital
deliverables
Final Annual Monitoring Report
#7, Closeout Report & digital
deliverables

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
NORTH CAROLINA
Environmental Quality
January 6, 2021
THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL
RFP NO.
16-20200301
RFP TITLE:
Full Delivery Projects to Provide Stream Mitigation Credits
within the Cataloging Units 06010202; 06010203;
06010204 of the Little Tennessee River Basin
ADDENDUM NO.
1
USING
AGENCY:
DIVISION OF MITIGATION SERVICES
PURCHASER
BROOKE
WELLS
OPENING
DATE/TIME:
APRIL 21, 2021 @ 2:00 P.M.
This correspondence serves as an addendum to the subject RFP. Your response to this RFP should be
governed by the content of the original RFP and the additional information provided in this addendum notice.
SECTION 1: Additions/Revisions/Deletions to RFP:
Please make the following changes in the bid referenced above:
ATTACHMENT: EXECUTION PAGE HAS BEEN UPDATED (PLEASE EXECUTE IN PROPOSAL
INSTEAD OF ORIGINAL).
ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS HAS BEEN UPDATED
AND IS AT THE END OF THIS DOCUMENT FOR REVIEW/USE
SECTION 2:
Check ONLY ONE of the following categories and if required, return one properly executed
copy of this addendum prior to bid opening time and date.
❑ Bid has already been mailed. Changes resulting from this addendum are
attached.
❑ Bid has already been mailed. NO CHANGES resulted from this addendum.
X❑ Bid has NOT been mailed and ANY CHANGES resulting from this addendum are
included in our offer.
Q?).
NON I,I nRO, NA
Department
ofEnvironmental Quality
North Carolina Department of Environmental Quality 1 Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center 1 Raleigh, North Carolina 27699-1652
919.707.8976

PLEASE NOTE — THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL
SECTION 3:
Execute Addendum:
BIDDER: KCI Technologies, Inc.
ADDRESS (CITY & STATE): 4505 Falls of Neuse Road, Suite 400, Raleigh, NC 27609
AUTHORIZED SIGNATURE: i.ce_
DATE: 04/20/2021
Note: It is the offeror's responsibllity to guarantee that the offer is received by the Issuing Agency
by the Opening Date/Time noted In the RFP.
Office Address of delivery by any other method
(special delivery, overnight, or any other carrier)
PROPOSAL NUMBER: 16-20200301
NC DEQ - DIVISION OF MITIGATION SERVICES
ATTN: BROOKE WELLS
217 WEST JONES STREET, SUITE 3409-1
RALEIGH, NC 27603
IT IS THE OFFER'S RESPONSIBILITY TO CONTINUOUSLY CHECK FOR ADDENDA UP TO THE
LAST POSTED OPENING DATE/TIME AND TO ASSURE THAT ALL ADDENDA HAVE BEEN
REVIEWED, SIGNED AND RETURNED IF REQUIRED.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
North CaroNna Department of Env6nnmental QuaNty I Division of Mitigation Services
217 W. Jones Street 11652 Mall Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

STATE OF NORTH CAROLINA
Department of Environmental Quality
Refer ALL Inquiries regarding this RFP to:
Request for Proposal # 16-DMS-WBRR113020
Brooke Wells
Brooke. wells(a�ncdenr._gov
Proposals will be publicly opened: April 21, 2021
[phone]
Using Agency: Division of Mitigation
Services
Commodity No. and Description: 962-73
Restoration/Reclamation Services of Land and other
Properties
Requisition No.: N/A
EXECUTION
In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and
agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified
herein.
By executing this proposal, the undersigned Vendor understands that False certification is a Class I felony and certifies that:
■ that this proposal is submitted competitively and without collusion (G.S. 143-54),
■ that none of its officers, directors, or owners of an unincorporated business entity has 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),
and
it is not an ineligible Vendor as set forth in G.S. 143-59.1.
Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor's knowledge and belief, that:
it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by any Federal or State department or agency.
As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub -Contractors for any Contract awarded as
a result of this RFP, 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.
G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing
plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising
delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business
with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor's entire organization and its
employees or agents, that Vendor are not aware that any such gift has been offered, accepted, or promised by any employees of
your organization.
By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTIONS TO VENDORS and the NORTH
CAROLINA GENERAL TERMS AND CONDITIONS, and it has read the SAMPLE AGREEMENT.
Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED.
Late proposals cannot be accepted.

IBC! TBchnologles,IInc. OF VENDOR:
STREEt.APDRESS:
4505 Fails of Neuse Road, Suite 400
CITY & STATE & ZIP:
Raleigh, NC 27609
P.O. BOX:
TELEPHONE NUMBER:
919-783-9214
ZIP:
TOLL FREE TEL. NO:
PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #12):
PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR:
Laurie Arensdorf 11 Vice President
VENDOR'S Gt
R'S f UTH RIZED SIGNATURE':
j
VALIDITY PERIOD
�
DATE:
04/20/2021
FAX NUMBER:
919-783-9266
MAIL:
[e-mail]
Offer valid for at least 60 days from date of bid opening, unless otherwise stated here: 90 days. After this date, any
withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP.
ACCEPTANCE OF PROPOSAL
The contract is a separate document that represents the Vendor's and the State's entire agreement (herein 'Contract"). If your
proposal is accepted and results, through negotiation or otherwise, in a contract award you will be expected to accept the NORTH
CAROLINA GENERAL TERMS AND CONDITIONS as part of the Contract. Dependent upon the product or service being
offered, other terms and conditions may apply.
FOR STATE USE ONLY: Offer accepted and Contract awarded this day of 20 as indicated on
The attached certification, by
(Authorized Representative of Division of Mitigation Services)

ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS
1. PERFORMANCE:
a) It is anticipated that the tasks and duties undertaken by the Vendor under the contract which results
from the State solicitation in this matter (Contract) shall include Services, and/or the manufacturing,
furnishing, or development of goods and other tangible features or components, as deliverables.
b) Except as provided herein, and unless otherwise mutually agreed in writing prior to award, any
deliverables not subject to an agreed Vendor license and provided by Vendor in performance of this
Contract shall be and remain property of the State. During performance, Vendor may provide
proprietary components as part of the deliverables that are identified in this Contract. Vendor grants
the State a personal, permanent, non -transferable license to use such proprietary components of the
deliverables and other functionalities, as provided under this Contract. Any technical and business
information owned by Vendor or its suppliers or licensors made accessible or furnished to the State
shall be and remain the property of the Vendor or such other party, respectively. Vendor agrees to
perform under the Contract in at least the same or similar manner provided to comparable users and
customers. The State shall notify the Vendor of any defects or deficiencies in performance or failure of
deliverables to conform to the standards and specifications provided in this Contract. Vendor agrees to
timely remedy defective performance or any nonconforming deliverables on its own or upon such notice
provided by the State.
c) Vendor has a limited, non-exclusive license to access and use State Data provided to Vendor, but
solely for performing its obligations under and during this Agreement and in confidence as further
provided for herein or by law.
d) Vendor or its suppliers, as specified and agreed in the Contract, shall provide support assistance to the
State related to all Services performed or other deliverables procured hereunder during the State's
normal business hours. Vendor warrants that its support, customer service, and assistance will be
performed at a minimum in accordance with generally accepted and applicable industry standards.
e) The State may document and take into account in awarding or renewing future procurement contracts
the general reputation, performance and performance capabilities of the Vendor under this Contract as
provided by G.S. 143-52 and 143-135.9 (a) and (b) (Best Value).
2. DEFAULT AND TERMINATION:
a) In the event of default by the Vendor, the State may, as provided by NC law, procure goods and services
necessary to complete performance hereunder from other sources and hold the Vendor responsible for
any excess cost occasioned thereby. See, G.S. 25-2-712. In addition, and in the event of default by the
Vendor under the Contract, or upon the Vendor filing a petition for bankruptcy or the entering of a
judgment of bankruptcy by or against the Vendor, the State may immediately cease doing business
with the Vendor, terminate the Contract for cause, and take action to recover relevant damages, and if
permitted by applicable law, debar the Vendor from doing future business with the State. 01 NCAC
05B.1520.
b) If, through any cause, Vendor shall fail to fulfill in a timely and proper manner the obligations under The
Contract, the State shall have the right to terminate The Contract by giving written notice to the Vendor
and specifying the effective date thereof In that event and subject to all other provisions of this contract,
all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the
option of the State, become its property, and the Vendor shall be entitled to receive compensation

for units actually produced, if any, in an amount determined by reducing the total amount due had the
full number of Units been produced pro rata, such that the ratio of the final compensation actually
paid to the original total amount due in accordance with Attachment A (as amended, if applicable) is
equal to the ratio of the Units actually generated to the total Units identified in Attachment A.
c) If this Contract contemplates deliveries or performance over a period of time, the State may terminate
this Contract for convenience at any time by providing 60 days' notice in writing from the State to the
Vendor. In that event, any or all finished or unfinished deliverables prepared by the Vendor under this
Contract shall, at the option of the State, become its property, and under any applicable Vendor
license to the extent necessary for the State to use such property. If the Contract is terminated by the
State for convenience, the State shall pay for those items or Services for which such option is
exercised, less any payment or compensation previously made.
3. INTERPRETATION, CONFLICT OF TERM:
a) The definitions in the Instructions to Vendors in the relevant solicitation for this Contract, and in 01
NCAC 05A.0112 are specifically incorporated herein.
b) If federal funds are involved in the transactions under this Contract, the Vendor shall comply with all
applicable state and federal requirements and laws, except where State requirements are more
restrictive. See the additional federal requirements included in the "Federal Funds Provisions" section
below.
c) "Purchasing Agency" herein is as defined in 01 NCAC 05A.0112, except that if this Contract has been
entered into by the NC Department of Administration, Division of Purchase and Contract (P&C) as
indicated in the Contract (e.g., a State Term Contract), then P&C will then be a Purchasing Agency for
the purposes herein and in the Federal Funds Provisions, below.
d) Contracts made in contravention of General Statutes, Chapter 143, Article 3 and the Rules in 05 NCAC
Chapter 5, are void. G.S. 143-58.
e) In cases of conflict between specific provisions in this Contract and any other referenced documents,
the Order of Precedence shall be (high to low) (1) any special terms and conditions specific to this
Contract, including any negotiated terms; (2) requirements, specifications and administrative terms; (3)
these NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS, including the Federal
Funds Provisions; (4) Definitions and other provisions in INSTRUCTIONS TO VENDORS in this
solicitation, which is specifically incorporated in this Contract; (5) PRICING, and (6) Vendor's Bid, to
the extent specifically and mutually incorporated into this Contract.
f) In the event of conflict of terms between applicable provisions of the Federal Funds Provisions and the
other provisions of these North Carolina General Contract Terms and Conditions, the more restrictive
provision will govern.
4. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which
necessitate alteration of the goods, material, quality, workmanship, or performance of the Services offered, prior
to acceptance, it shall be the responsibility of the Vendor to notify the State Contract Lead or Administrator
indicated in the Contract at once, in writing, indicating the specific regulation which requires such alterations.
The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby,
or to cancel the Contract.
5. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the
availability of funds appropriated or allocated to the agency for the purpose set forth in the Contract.

6. TAXES: Any applicable taxes shall be invoiced as a separate item.
a) G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the
Vendor or its affiliates meet one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax
on sales of tangible personal property to purchasers in North Carolina. Conditions under G.S. 105-
164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in
the State that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation
of the market by media -assisted, media -facilitated, or media -solicited means. By execution of the
proposal document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the
appropriate taxes.
b) The agency(ies) participating in the Contract are exempt from Federal Taxes, such as excise and
transportation. Exemption forms submitted by the Vendor will be executed and returned by the using
agency.
c) Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless
required by the North Carolina Department of Revenue.
7. SITUS AND GOVERNING LAWS:
a) This Contract is made under and shall be governed by and construed in accordance with the laws of
the State of North Carolina, including, without limitation, the relevant provisions of G.S. Chapter 143,
Article 3, and the Rules in 01 NCAC Chapter 05, and any applicable successor provisions, without
regard to its conflict of laws rules, and within which State all matters, whether sounding in Contract, tort
or otherwise, relating to its validity, construction, interpretation and enforcement shall be determined.
G.S. 22B-3.
b) Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements
that are applicable to the conduct of its business and its performance in accordance with the Contract,
including those of federal, state, and local agencies having jurisdiction and/or authority, and including,
without limitation, the applicable requirements in the Federal Funds Provisions, below.
c) Non-resident Vendor corporations not formed under NC law must be domesticated in the Office of the
NC Secretary of State in order to contract with the State of North Carolina. G.S. 55A-15-01.
8. NON-DISCRIMINATION COMPLIANCE:
Wholly State Funded Contracts.
a) The Vendor will take affirmative action in complying with all State requirements and laws concerning
fair employment and employment of people with disabilities, and concerning the treatment of all
employees without regard to discrimination by reason of race, color, religion, sex, national origin or
disability or rights, such as preserved by Governor Roy Cooper Order E.O. 24 or 25, and will take
necessary action to ensure that its internal employee policies and procedures are consistent with
Executive Order #82 (Roy Cooper, December 6, 2018), which extends workplace protections and
accommodations to pregnant employees.
b) Federal Law, such as the following, applies as provided for therein: Titles VI and VI I of the Civil Rights
Act of 1964 (PL 88-352), and the regulations issued pursuant thereto (prohibiting discrimination on the
basis race, color, national origin and ensuring that individuals are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin, sex, or age); Title
IX of the Education Amendments of 1972 (codified as amended at 20 U.S.C. § 1681 et seq.) (prohibiting
discrimination on the basis of sex); Titles I, II, III, IV, and V of the Americans with Disability Act of 1990
(prohibiting discrimination on the basis of disability); Section 504 of the Rehabilitation Act of 1973
(codified as amended at 29 U.S.C. § 794) (prohibiting discrimination on the basis of handicap); the Age

Discrimination Act of 1975 (codified as amended at 42 U.S.C. § 6101 et seq.) (prohibiting age
discrimination); Executive Order 11063 as amended by Executive Order 2259; and Section 109 of the
Housing and Community Development Act of 1974, as amended.
Contracts Partially or Wholly Federally Funded.
To the extent federal funding is involved in this procurement, in whole or in part, compliance with the
following is required:
c) The Vendor shall comply with all Federal Funds Provisions requirements (below) and not discriminate
against any employee or applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The Vendor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include,
but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Vendor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
d) The Vendor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Vendor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity, or national origin:
e) The Vendor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not
apply to instances in which an employee who has access to the compensation information of other
employees or applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not otherwise have access
to such information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by
the employer, or is consistent with the Vendor's legal duty to furnish information.
f) The Vendor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the Vendor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants foremployment.
g)
The Vendor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
h) The Vendor shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall
permit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
i) In the event of the Vendor's noncompliance with the nondiscrimination clauses of this Contract or with
any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended
in whole or in part and the Vendor may be declared ineligible for further Government contracts or
federally assisted construction Contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.

j)
The Vendor shall include the portion of the sentence immediately preceding paragraph (a) and the
provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Vendor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, that in the event a Vendor (or herein "applicant," as applicable in
context within these Federal Funds Provisions) becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the administering agency, the Vendor
may request the United States to enter into such litigation to protect the interests of the United States.
k) The Vendor further agrees that it shall be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work: Provided,
that if the Vendor so participating is a State or local government, the above equal opportunity clause is
not applicable to any agency, instrumentality or subdivision of such government which does not
participate in work on or under the Contract.
I) The Vendor agrees that it shall assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of Vendors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it shall
furnish the administering agency and the Secretary of Labor such information as they may require for
the supervision of such compliance, and that it shall otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
m) The Vendor further agrees that it shall refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a Vendor debarred from, or who has not
demonstrated eligibility for, Government Contracts and federally assisted construction contracts
pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon Vendors and subcontractors by the administering agency
or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Vendor
agrees that if it fails or refuses to comply with these undertakings, the administering agency may take
any or all of the following actions: Cancel, terminate, or suspend in whole or in part any relevant grant
(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Vendor
under the program with respect to which the failure or refund occurred until satisfactory assurance of
future compliance has been received from such Vendor; and refer the case to the Department of Justice
for appropriate legal proceedings.
9. PAYMENT TERMS: Payment terms are net not later than 30 days after receipt of a correct invoice or
acceptance of goods, whichever is later. The Procuring Agency is responsible for all payments to the Vendor
under the Contract. Payment by some agencies may be made by procurement card. If the Vendor accepts Visa,
MasterCard, etc., from other customers, it shall accept procurement card payment by the State under the terms
provided for the procurement card. 01 NCAC 05B.1523. If payment is made by procurement card, then payment
for amounts then due may be processed immediately by the Vendor.
The State does not agree in advance, in contract, pursuant to Constitutional limitations, to pay costs such as
interest, late fees, penalties or attorney's fees. This Contract will not be construed as an agreement by the State
to pay such costs and will be paid only as ordered by a court of competent jurisdiction.
10. CONDITION AND PACKAGING: Unless otherwise expressly provided by special terms and conditions or
specifications in the Contract or by express, specific federal law or rule, it is understood and agreed that any
item offered or shipped has not been sold or used for any purpose, is newly manufactured, and shall be in first
class condition. All containers/packaging shall be suitable for handling, storage or shipment.

11. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY: Vendor shall hold and save the State, its
officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from
infringement of the rights of any third party in any Services or copyrighted material, patented or patent -pending
invention, article, device or appliance delivered in connection with the Contract.
a) Vendor warrants to the best of its knowledge that:
i) Performance under the Contract does not infringe upon any intellectual property rights of any third
party; and
ii)There are no actual or threatened actions arising from, or alleged under, any intellectual property
rights of any third party.
b) Should any deliverables supplied by Vendor become the subject of a claim of infringement of a patent,
copyright, trademark or a trade secret in the United States, the Vendor, shall at its option and expense,
either procure for the State the right to continue using the deliverables, or replace or modify the same
to become non -infringing. If neither of these options can reasonably be taken in Vendor's judgment, or
if further use shall be prevented by injunction, the Vendor agrees to cease provision of any affected
deliverables and refund any sums the State has paid Vendor for such deliverables and make every
reasonable effort to assist the State in procuring substitute deliverables. If, in the sole opinion of the
State, the cessation of use by the State of any such deliverables due to infringement issues makes the
retention of other items acquired from the Vendor under this Agreement impractical, the State shall then
have the option of terminating the Agreement, or applicable portions thereof, without penalty or
termination charge; and Vendor agrees to refund any sums the State paid for unused Services or other
deliverables.
c) The Vendor, at its own expense, shall defend any action brought against the State to the extent that
such action is based upon a claim that the deliverables supplied by the Vendor, their use or operation,
infringe on a patent, copyright, trademark or violate a trade secret in the United States. The Vendor
shall pay those costs and damages finally awarded or agreed in a settlement against the State in any
such action. Such defense and payment shall be conditioned on the following:
i) That the Vendor shall be notified within a reasonable time in writing by the State of any such
claim; and
ii) That the Vendor shall have the sole control of the defense of any action on such claim and all
negotiations for its settlement or compromise provided, however, that the State shall have the
option to participate in such action at its own expense.
d) Vendor will not be required to defend or indemnify the State to the extent any claim by a third party
against the State for infringement or misappropriation results solely from the State's material alteration
of any Vendor -branded deliverables or Services, or from the continued use of the Services or other
deliverables after receiving written notice from the Vendor of the claimed infringement.
12. ADVERTISING: Vendor agrees not to use the existence of the Contract or the name of the State of North
Carolina as part of any commercial advertising or marketing of products or Services except as provided in 01
NCAC 05B.1516. A Vendor may inquire whether the State is willing to be included on a listing of its existing
customers.
13. ACCESS TO PERSONS AND RECORDS: During, and after the term hereof during the relevant period required
for retention of records by State law (G.S. 121-5, 132-1 et seq., typically five years), the State Auditor and any
Purchasing Agency's internal auditors shall have access to persons and records related to the Contract to verify
accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). However,
if any audit, litigation or other action arising out of or related in any way to this project is commenced before the
end of the such retention of records period, the records shall be retained for one (1) year after all issues arising
out of the action are finally resolved or until the end of the record retentions period, whichever is later.
14. ASSIGNMENT OR DELEGATION OF DUTIES:
a) As a convenience to the Vendor, the State may include any person or entity designated by the Vendor

in writing as a joint payee on the Vendor's payment check. In no event shall such approval and action
obligate the State to anyone other than the Vendor.
b) If Vendor requests any assignment, or delegation of duties, the Vendor shall remain responsible for
fulfillment of all Contract obligations. Upon written request, the State may, in its unfettered discretion,
approve an assignment or delegation to another responsible entity acceptable to the State, such as the
surviving entity of a merger, acquisition or a corporate reorganization if made as part of the transfer of
all or substantially all of the Vendor's assets. 01 NCAC 05B.1507. Any purported assignment or
delegation made in violation of this provision shall be void and a material breach of the Contract. G.S.
143-58.
15. INSURANCE: This section provides minimum insurance coverage rates that are applicable to most moderate
risk solicitations. Agency Risk Analysis will determine if higher insurance coverage amounts are needed based
on the likelihood and severity of exposure to the State. The analysis is documented in writing in the official file
and considers the following non-exclusive factors:
1. Potential for damage to State property or property of a third party,
2. Potential for bodily injury to State employees or third parties,
3. Whether Vendor will transport State property, clients, or employees,
4. Use of a vehicle to accomplish the work or to travel to or from State locations,
5. Anticipated physical contacts of the Vendor with the State,
6. Anticipated number and activity of Vendor personnel within the State, and
7. Any other unique considerations that could result in harm, bodily injury, or property damage.
The Purchasing Agency has specified elsewhere in this Contract any increase in the minimum insurance
coverage requirements below if the risk from the above factors is high.
a) REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the
Vendor and is of the essence of the Contract. 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 NC Commissioner of Insurance to do business in North Carolina. The
Vendor 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 the Contract.
The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting
the Vendor's liability and obligations or the indemnification requirements under the Contract. As provided above,
a State agency is authorized, upon written evaluation and substantiation in the official file of the significant risk
of bodily injury and/or property or other damage in the contract, to require and enforce higher coverage limits
to mitigate the potential risk of liability to the State.
b) COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide
commercial insurance of such type and with such terms and limits as may be reasonably associated with the
Contract. At a minimum, the Vendor shall provide and maintain the following coverage and limits, subject to
higher requirements by an agency after the risk analysis indicated above:
1. For Small Purchases as defined under North Carolina Administrative Code 01 NCAC 05A.0112 (35)
and 05B.0301 (1), the minimum applicable insurance requirements for Worker's Compensation and
Automobile Liability will apply as required by North Carolina law. The Purchasing Agency may require
Commercial General Liability coverage consistent with the assessed risks involved in the procurement.
2. For Contracts valued in excess of the Small Purchase threshold, but up to $1,000,000.00 the
following limits shall apply:
i. Worker's Compensation - The Vendor shall provide and maintain Worker's Compensation
Insurance, as may be required by the laws of North Carolina, as well as employer's liability
coverage, with minimum limits of $250,000.00, covering all of Vendor's employees who are
engaged in any work under the Contract in North Carolina. If any work is sub -Contracted, the
Vendor shall require the sub -contractor to provide the same coverage for any of its employees
engaged in any work under the Contract within the State.

ii. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form
on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit.
Defense costs shall be in excess of the limit of liability.
iii. Automobile - Automobile Liability Insurance, to include liability coverage covering all owned,
hired and non -owned vehicles, used within North Carolina in connection with the Contract. The
minimum combined single limit shall be $250,000.00 bodily injury and property damage;
$250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment.
3. For Contracts valued in excess of $1,000,000.00 the following limits shall apply:
i. Worker's Compensation - The Vendor shall provide and maintain Worker's Compensation
Insurance, as may be required by the laws of North Carolina, as well as employer's liability
coverage, with minimum limits of $500,000.00, covering all of Vendor's employees who are
engaged in any work under the Contract in North Carolina. If any work is sub -Contracted, the
Vendor shall require the sub -contractor to provide the same coverage for any of its employees
engaged in any work under the Contract within the State.
ii. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form
on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit.
Defense costs shall be in excess of the limit of liability.
iii. Automobile - Automobile Liability Insurance, to include liability coverage covering all owned,
hired and non -owned vehicles, used within North Carolina in connection with the Contract. The
minimum combined single limit shall be $500,000.00 bodily injury and property damage;
$500,000.00 uninsured/under insured motorist; and $5,000.00 medical payment.
16. GENERAL INDEMNITY: The Vendor shall hold and save the State, its officers, agents, and employees,
harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm,
or corporation furnishing or supplying work, Services, materials, or supplies in connection with the performance
of the Contract, and also from any and all claims and losses accruing or resulting to any person, firm, or
corporation that may be injured or damaged by the Vendor in the performance of the Contract that are
attributable to the negligence or intentionally tortious acts of the Vendor, provided that the Vendor is notified in
writing within 30 days from the date that the State has knowledge of such claims. The Vendor represents and
warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the
delivery or processing of Vendor deliverables or Services to the State. As part of this provision for indemnity, if
federal funds are involved in this procurement, the Vendor warrants that it will comply with all relevant and
applicable federal requirements and laws, and will indemnify and hold and save the State harmless from any
claims or losses resulting to the State from the Vendor's noncompliance with such federal requirements or law
in this Contract. The representations and warranties in the preceding two sentences shall survive the
termination or expiration of the Contract. The State does not participate in indemnification due to Constitutional
restrictions, or arbitration, which effectively and unacceptably waives jury trial. See, G.S. 22B-3, -10.
17. ELECTRONIC PROCUREMENT: (G.S. 143-48.3)
GENERALLY APPLICABLE TO GOODS AND SERVICES CONTRACTS:
a) Purchasing shall be conducted through the Statewide E-Procurement Service. The State's third- party
agent shall serve as the Supplier Manager for this E-Procurement Service. The Vendor shall register
for the Statewide E-Procurement Service within two (2) business days of notification of award in order
to receive an electronic purchase order resulting from award of this Contract.
b) The Supplier Manager will capture an order from a State approved user, including the shipping and
payment information, and submit the order in accordance with E-Procurement Service procedures.
Subsequently, the Supplier Manager will send those orders to the appropriate Vendor on State
Contract. The State or State -approved user, not the Supplier Manager, shall be responsible for the

solicitation, bids received, evaluation of bids received, award of Contract, and the payment for goods
delivered.
c) Vendor shall at all times maintain the confidentiality of its username and password for the Statewide
E-Procurement Services. Vendor shall be responsible for all activity and all charges by its agents or
employees. Vendor agrees not to permit a third party to use its E-Procurement Services account. If
there is a breach of security through the Vendor's account, Vendor shall immediately change its
password and notify the Supplier Manager of the security breach by email. Vendor shall cooperate
with the State and the Supplier Manager to mitigate and correct any security breach.
E-PROCUREMENT FEES — APPLICABLE ONLY TO GOODS CONTRACTS
d) THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE, CURRENTLY 1.75% (.0175),
ON THE TOTAL DOLLAR AMOUNT (EXCLUDING SALES TAXES) INCLUDED ON EACH
PURCHASE ORDER ISSUED THROUGH THE STATEWIDE E-PROCUREMENT SERVICE (OR
ANY OFFICIAL REPLACEMENT SERVICE). G.S. 66-58.12; See, NC E-Procurement Terms of
Use. This applies to all purchase orders, regardless of the quantity or dollar amount of the purchase
order. The transaction fee shall not be stated or included as a separate item on the invoice. Vendor
will receive a credit for transaction fees they paid for the purchase of any item(s) if an item(s) is
returned through no fault of the Vendor. Transaction fees are non-refundable when an item is rejected
and returned, or declined, due to the Vendor's failure to perform or comply with specifications or
requirements of the Contract.
e) Vendor or its Authorized Reseller, as applicable, will be invoiced monthly for the State's transaction
fee by the E-Procurement Supplier Manager (Supplier Manager), based on a) purchase activity for
the prior month, or b) purchases for which the supplier invoice has been paid. Unless the Supplier
Manager receives written notice from the Vendor identifying with specificity any errors in an invoice
for the transaction fee within thirty (30) days of the receipt of invoice, such invoice shall be deemed
to be correct and Vendor shall have waived its right to later dispute the accuracy and completeness
of the invoice. Payment of the transaction fee by the Vendor is due to the account designated by the
State within thirty (30) days after receipt of the invoice for the transaction fee, or it shall be considered
a material breach of Contract. Pursuant to G.S. 147-86.23, the service will charge 1) interest on past
due balances at the rate set by the Secretary of Revenue pursuant to G.S. 105-241.21 as of the date
the balances are past due, and, 2) late payment penalties, currently ten percent (10%) of the account
receivable. No interest shall be charged on disputed and overdue amounts to the extent the State
agrees to reduce or adjust the amount in dispute. The Supplier Manager shall provide, whenever
reasonably requested by the Vendor in writing (including electronic documents), supporting
documentation from the E-Procurement Service that accounts for the amount of the invoice.
18. SUBCONTRACTING: Performance under the Contract by the Vendor shall not be subcontracted without prior
written approval of the State's assigned Contract Lead. Unless otherwise agreed in writing, acceptance of a
Vendor's proposal shall include approval to use the subcontractor(s) that have been specified therein.
19. CONFIDENTIALITY: Vendor information that cannot be shown to be, e.g., a trade secret, may be subject to
public disclosure under the terms of the State Public Records Act (SPRA), beginning at G.S. 132.1. Blanket
assertions of confidentiality are not favored, but confidentiality of specific material meeting one or more
exceptions in the SPRA will be honored. Vendors are notified that if the confidentiality of material is challenged
by other parties, the Vendor has the responsibility of defending the assertion of confidentiality. G.S. 143-52(a).
20. CARE OF STATE DATA AND PROPERTY: Any State property, information, data, instruments, documents,
studies or reports given to or prepared or assembled by or provided to the Vendor under the Contract shall be
kept as confidential, used only for the purpose(s) required to perform the Contract and not divulged or made
available to any individual or organization without the prior written approval of the State.
The State's data and property in the hands of the Vendor shall be protected from unauthorized disclosure, loss,
damage, destruction by a natural event or another eventuality. The Vendor agrees to reimburse the State for

loss or damage of State property while in Vendor's custody. Such State Data shall be returned to the State in
a form acceptable to the State upon the termination or expiration of this Agreement.
The Vendor shall notify the State of any security breaches within 24 hours as required by G.S. 143B-1379. For
further information, see, G.S. 75-60 et seq. Notice is given to the Vendor that the NC Department of Information
Technology (DIT) has requirements relating to the security of the State network, and rules relating to the use of
the State network, IT software and equipment, that the Vendor must comply with, as applicable. See, e.g., G.S.
143B-1376.
21. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North
Carolina or any of its agencies shall disclose to inbound callers the location from which the call or contact center
services are being provided.
If, after award of a Contract, and consistent with any applicable NC DIT security provisions, the Contractor
wishes to relocate or outsource any portion of performance to a location outside the United States, or to Contract
with a subcontractor for any such performance, which subcontractor and nature of the work has not previously
been disclosed to the State in writing, prior written approval must be obtained from the State Purchasing
Agency. Vendor shall give notice to the Purchasing Agency of any relocation of the Vendor, employees of the
Vendor, subcontractors of the Vendor, or other persons providing performance under a State Contract to a
location outside of the United States. See, G.S. 143-59.4.
22. ENTIRE AGREEMENT: The Contract (including any documents mutually incorporated specifically therein)
resulting from a relevant solicitation represents the entire agreement between the parties and supersedes all
prior oral or written statements or agreements. All promises, requirements, terms, conditions, provisions,
representations, guarantees, and warranties contained herein shall survive the Contract expiration or
termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or
State statutes of limitation.
23. ELECTRONIC RECORDS: The State will digitize all Vendor responses to the relevant solicitation, if not
received electronically, as well as any awarded Contract together with associated procurement -related
documents. These electronic copies shall constitute a preservation record and shall serve as the official record
of this procurement with the same force and effect as the original written documents comprising such record.
Any official electronic copy, printout or other output readable by sight shown to reflect such record accurately
shall constitute an "original."
24. AMENDMENTS: This Contract may be amended only by a written amendment duly executed by the State and
the Vendor.
25. NO WAIVER: Notwithstanding any other language or provision in the Contract or in any Vendor -supplied
material, nothing herein is intended nor shall be interpreted as a waiver of any right or remedy otherwise
available to the State under applicable law. The waiver by the State of any right or remedy on any one occasion
or instance shall not constitute or be interpreted as a waiver of that or any other right or remedy on any other
occasion or instance.
26. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long
as it is prevented from performing such obligations as a result of events beyond its reasonable control, including,
without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or
failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, other
catastrophic epidemic or pandemic, natural event or Act of God.
27. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in the Contract, nothing herein is
intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity
or other State or federal constitutional provision or principle that otherwise would be available to the State under
applicable law.
28. FEDERAL FUNDS PROVISIONS:

Where federal funds are utilized in connection with this procurement, and to the extent applicable and
absent stricter or controlling State provisions, the following federal provisions (in addition to the North
Carolina General Terms and Conditions above) may apply consistent with Uniform Guidance in 2 C.F.R.
§ 200.326 and 2 C.F.R. Part 200, and its Appendix II. Relevant federal authorities may require additional
provisions depending on the scope and context of the Contract. Failure or unwillingness of the Vendor to
continually meet any of these requirements, as applicable, may result in Contract termination.
a) No governmental non -competes. Vendor shall not impose or enforce any non -competition agreement
upon the employees included in Vendor's bid that would prevent those employees from accepting any offer
of employment from the State of North Carolina outside of the first Term of the Contract. By executing this
Contract, the Vendor affirms this condition. This affirmation is a material condition for the State's award of
any work under this Contract.
b) Program Monitoring. Vendor agrees to assist and cooperate with the Federal grantor or funding agency
and the relevant Purchasing Agency or their duly designated representatives in the monitoring of the project
or projects to which this Contract relates, and to provide in form and manner approved by the Purchasing
Agency such monitoring reports, progress reports, and the like as may be required and to provide such
reports at the times specified.
c) Remedies and Termination, For purposes of this section the State Remedies and Termination provisions
above apply as written.
d) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Compliance with the Contract Work Hours and Safety Standards Act.
1. Overtime requirements. No Vendor or subcontractor contracting for any part of the Contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in 29 C.F.R. §5.5(b)(1) the Vendor and any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such Vendor and subcontractor shall be liable
to the United States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in 29 C.F.R. §5.5(b)(1), in the sum of $26
for each calendar day on which such individual was required or permitted to work in excess of
the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in 29 C.F.R. §5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages. The Purchasing Agency shall upon its
own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by
the Vendor or subcontractor under any such contract or any other Federal contract with the
same prime Vendor, or any other federally -assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime Vendor, such sums as may be
determined to be necessary to satisfy any liabilities of such Vendor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in 29 C.F.R. §5.5(b)(2).
4. SubContracts. The Vendor or subcontractor shall insert in any subcontracts the clauses set forth

in paragraph (b)(1) through (4) of 29 C.F.R. §5.5 and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime Vendor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29
C.F.R. §5.5(b)(2) through (4).
e) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT.
Clean Air Act
1. The Vendor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. The Vendor agrees to report each violation to the Purchasing Agency and understands and
agrees that the Purchasing Agency will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
3. The Vendor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance.
Federal Water Pollution Control Act
1. The Vendor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2. The Vendor agrees to report each violation to the Purchasing Agency and understands and
agrees that the Purchasing Agency will, in turn, report each violation as required to assure
notification to the federal agency providing funds hereunder, and the appropriate Environmental
Protection Agency Regional Office.
3. The Vendor agrees that these requirements will be included in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance.
f) Debarment and Suspension.
1. This Contract, if federal funding is used, is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such, the Vendor is required to verify that none of the Vendor's
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
2. The Vendor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and
must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
3. This certification is a material representation of fact relied upon by a federal agency providing
federal funds herein and the Purchasing Agency. If it is later determined that the Vendor did not
comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to federal agency providing federal funds herein and the Purchasing Agency, the
Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment.
4. The Vendor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C while this offer is valid and throughout the period of the Contract resulting
from a relevant solicitation herein. The Vendor further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
g) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) (as Amended).
To the extent applicable, Vendors that apply or bid for an award of $100,000 or more shall file the required

certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress
in connection with obtaining any Federal Contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn
will forward the certification(s) to the awarding agency.
Required Certification. If applicable, Vendors must sign and submit to the Purchasing Agency the
certification. See the latest version of "Certification for Contracts, Grants, Loans, and Cooperative
Agreements" found at https://ncadmin.nc.gov/documents/vendor-forms.
h) Procurement of Recovered Materials.
1. Unless specified otherwise in the Contract, in the performance of this Contract, the Vendor shall
make maximum use of products containing recovered materials that are EPA -designated items
unless the product cannot be acquired:
• Competitively within a timeframe providing for compliance with the Contract performance
schedule;
• Meeting Contract performance requirements; or
• At a reasonable price.
2. Information about this requirement, along with the list of EPA designated items, is available at
EPA's Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
3. The Vendor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act."
i) Access to Records. In addition to the North Carolina General Contract Terms & Conditions section entitled
"ACCESS TO PERSONS AND RECORDS" included in this Contract, the following access to records
requirements apply to this Contract:
1. The Vendor agrees to provide the Purchasing Agency, the Administrator of the federal agency
providing funds hereunder, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the Vendor which are
directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and
transcriptions.
2. The Vendor agrees to permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
3. The Vendor agrees to provide the Administrator of the federal agency providing funds hereunder
or his authorized representative access to construction or other work sites pertaining to the work
being completed under the Contract.
4. In compliance with the Disaster Recovery Act of 2018, the Purchasing Agency and the Vendor
acknowledge and agree that no language in this Contract is intended to prohibit audits or internal
reviews by the Administrator of the federal agency providing funds hereunder or the Comptroller
General of the United States.
j) Modifications to Contract. Modifications to the Contract are governed by the North Carolina General
Contract Terms & Conditions section above entitled "AMENDMENTS " except as approval and signature by
any federal official may also be required.

k) Records Retention. All records required to be kept on the project shall be maintained for at least five (5)
years after final payments and until all other pending matters under the grant for this project have been
closed. However, if any audit, litigation or other action arising out of or related in any way to this project is
commenced before the end of the five (5) year period, the records shall be retained for one (1) year after all
issues arising out of the action are finally resolved or until the end of the five (5) year period, whichever is
later.
I) Energy Efficiency. All participants in the projects funded hereby shall recognize mandatory standards and
policies relating to energy efficiency, which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (PL 94-163).
m) Program Fraud and False or Fraudulent Statements or Related Acts. Vendor acknowledges that 31
U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to its actions
pertaining to the Contract.
n) No Obligation by Federal Government. The Federal Government is not a party to this Contract and is not
subject to any obligations or liabilities to the non -Federal entity, Vendor, or any other party pertaining to any
matter resulting from the Contract.
o) Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that
federal financial assistance will be used to fund all or a portion of the Contract. The Vendor will comply with
all applicable Federal law, regulations, executive orders, the policies of the federal agency(ies) providing
funding, procedures, and directives.
p) Federal Seals, Logos, and Flags. In addition to the prohibitions of the North Carolina General Contract
Terms & Conditions section above entitled "ADVERTISING," the Vendor shall not use the seal(s), logos,
crests, or reproductions of flags of a federal agency providing funding herein, or likenesses of federal agency
officials without specific pre -approval of the relevant federal agency.
q) System for Awards Management. Vendor shall be responsible to ensure that it has checked the federal
System for Awards Management (SAM) https://www.sam.gov/SAM/ and the State Debarred Vendors Listing,
http://www.pandc.nc.gov/actions.asp to verify that Contractors or sub -Recipients have not been suspended
or debarred from doing business with federal or State government.

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
TIM BAUMGARTNER
Director
NORTH CAROLINA
Environmental Quality
March 23, 2021
THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL
RFP NO.
16-20200301
RFP TITLE:
Full Delivery Projects to Provide Stream Mitigation Credits
within the Cataloging Units 06010202; 06010203;
06010204 of the Little Tennessee River Basin
ADDENDUM NO.
2
USING
AGENCY:
DIVISION OF MITIGATION SERVICES
PURCHASER
BROOKE
WELLS
OPENING
DATE/TIME:
APRIL 21, 2021 @ 2:00 P.M.
This correspondence serves as an addendum to the subject RFP. Your response to this RFP should be
governed by the content of the original RFP and the additional information provided in this addendum notice.
SECTION 1: Additions/Revisions/Deletions to RFP:
Please make the following changes in the bid referenced above:
SECTION 5.2: OBJECTIVES IS HEREBY REVISED WITH THE FOLLOWING:
Mitigation Credits Requested:
RIVER BASIN
CATALOGING UNITS
Little Tennessee
06010202; 06010203; 06010204
Mitigation
Type
Requested
Credits
Thermal
Regime
Credits Shall Not Exceed Preservation
Percentage
Stream
8,500.00 15,000
Cold
10% of total CREDITS
SECTION 2:
Check ONLY ONE of the following categories and if required, return one properly executed
copy of this addendum prior to bid opening time and date.
❑ Bid has already been mailed. Changes resulting from this addendum are
attached.
L3E
North Carolina Department of Environmental Quality 1 Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976
DepenmeiH el Eanrtnmenl ! GieY

❑ Bid has already been mailed. NO CHANGES resulted from this addendum.
Bid has NOT been mailed and ANY CHANGES resulting from this addendum are
included in our offer.
PLEASE NOTE - THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL
SECTION 3:
Execute Addendum:
BIDDER: KCI Technologies, Inc.
ADDRESS (CITY & STATE): 4505 Falls of Neuse Road, Suite 400, Raleigh, NC 27609
AUTHORIZED SIGNATURE: t DATE: 04/20/2021
Note: It is the offeror's responsibility to guarantee that the offer is received by the Issuing Agency
by the Opening Date/Time noted In the RFP.
Office Address of delivery by any other method
(special delivery, overnight, or any other carrier)
PROPOSAL NUMBER: 16-20200301
NC DEQ - DIVISION OF MITIGATION SERVICES
ATTN: BROOKE WELLS
217 WEST JONES STREET, SUITE 3409-1
RALEIGH, NC 27603
IT IS THE OFFER'S RESPONSIBILITY TO CONTINUOUSLY CHECK FOR ADDENDA UP TO THE
LAST POSTED OPENING DATE/TIME AND TO ASSURE THAT ALL ADDENDA HAVE BEEN
REVIEWED, SIGNED AND RETURNED IF REQUIRED.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
romror� /"�
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1652 Mail Service Center I Italelgh. North Carolina 27699-1652
919.707.8978

D. EXECUTIVE
SUMMARYNORTH CAROLINA DIVISION OF
MITIGATION SERVICES
SUMMARY

PROPOSAL MI
EXECUTIVE SUMMARY
The Haunted Creek Stream Restoration Site (the Site) is a candidate site for stream restoration in the Little Tennessee
River Basin in Macon County, North Carolina. As evidenced by historic aerial photos and site investigations, the streams
at this site have been substantially modified by anthropogenic impacts associated with forestry and agriculture including
channel relocation and straightening and historic cattle impacts. Restoring these streams will not only return this to a stable
ecosystem with a functioning riparian buffer, and floodplain bench, but will also lower the supply of sediment and nutrients
entering the project streams and then the Little Tennessee River. This project is within the Franklin to Fontana Local
Watershed Plan (LWP) and was identified as a restoration project in the Project Atlas for this plan.
The project goals for the Site are in line with the following goals for this CU:
• Implement wetland and stream restoration projects that reduce sources of sediment and nutrients by restoring riparian
buffer vegetation, stabilizing banks, and restoring natural geomorphology, especially in headwater streams.
• Work with landowners, local resource agencies, local land trusts and other nongovernmental groups to protect and
restore watersheds through restoration and preservation.
• Continue to implement the Franklin to Fontana LWP, which includes:
o Plant native woody vegetation in riparian areas
o Implement stream and buffer restoration projects
Project -specific goals for the site will include:
• Restore channelized streams to a natural pattern within the landscape.
• Buffer nutrient and sediment impacts to the receiving streams from farming forestry and historic grazing practices.
• Restore riparian wetlands associated with the restored stream.
• Improve and expand habitat for a variety of aquatic species.
Multiple objectives will be implemented to achieve these goals and address multiple stressors. Specific stressors identified
in the LWP are in bold and italics in the table below. Restoring functioning headwater streams and adjacent floodplain in
this system will help protect these headwater systems, an important component to maintaining good water quality in this
watershed. By establishing an easement that will be planted with native vegetation, a buffer will be restored, which will
reduce nutrient loading from adjacent agriculture practices.
Haunted Creek Restoration
Site
• Credits
Stream Restoration
2,162
1:1
2,162
Stream Enhancement II
427
3:1
142
Stream Preservation
938
7.5:1
125
Credits from Additional Buffer Width
N/A
N/A
139
TOTAL SMCs 3,527
=
2,568
KC
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

NORTH CAROLINA DIVISION OF
MITIGATION SERVICES
E. CORPORATE
BACKGROUND &
EXPERIENCE
W
a
7J
0
c
=
0
31d110dd0) 3

PROPOSAL ■■I
CORPORATE BACKGROUND AND EXPERIENCE
Firm Overview
The team assembled for this project is led by KCI Technologies Inc. and includes KCI Associates of North Carolina, PA
(KCI) and KCI Environmental Technologies and Construction, Inc. (ETC). KCI is a full -service engineering, planning
and environmental consulting firm registered with the Office of the Secretary of State, as well as the North Carolina
Board of Professional Engineers and Land Surveyors (C-0764). ETC is an environmental construction firm specializing
in the implementation of environmental restoration and management projects, and is registered with the Office of the
Secretary of State and is a North Carolina Licensed General Contractor (#41336). Both entities are corporate subsidiaries
of KCI Technologies, Inc., and as such are submitting as co -ventures on this contract in order to provide the North
Carolina Division of Mitigation Services (DMS) with ecological, engineering, land acquisition, and turn -key design -
build implementation of wetland/stream mitigation projects. The team has the capacity to form the necessary legal and
financial entities for the proposed work and hereinafter is referred to jointly as KCI.
KCI is an employee -owned company headquartered in Sparks, Maryland, with division offices located throughout
the Mid -Atlantic and Southeastern United States. The local staff in the Natural Resource Management and Ecosystem
Dynamic practices in the Raleigh, NC office will be responsible for work derived from this contract. With a staff of
more than 1,700 professional engineers, planners, architects, scientists, and construction support personnel, KCI is
considered to have one of the largest staffs trained in wetland and stream restoration design and construction, watershed
management, geomorphology, and hydrologic/hydraulic engineering on the East Coast. KCI has made a concerted effort
to foster the best technical expertise available in the design, implementation, and construction of stream and wetland
restoration projects.
Key Staff
The Raleigh office is the primary location serving this work, with support provided from the Nashville, Tennessee and
Sparks, Maryland locations.
4505 Falls of Neuse Road, Suite 400
Raleigh, NC 27609
[phone]
500 11th Avenue North, Suite 290
Nashville, TN 37203
[phone]
936 Ridgebrook Road
Sparks, MD 21152
[phone]
Ability to Carry Out Work/Mustidisciplinary Approach
KCI's team has been established to provide successful implementation of wetland and steam mitigation projects by
providing turnkey services including site identification, land acquisition, planning and assessment, design, permitting,
construction, construction management, performance monitoring, remedial action, and financial planning in one
entity. KCI has been involved in the location, design, development, and management of over 1,700 acres of wetland
and 55 miles of stream mitigation throughout the eastern seaboard with extensive experience in North Carolina. Our
approach to successfully meeting our client's needs utilizes the collaborative expertise of environmental, engineering, and
construction professionals, as well as quality support personnel. Table 1 (found at the end of this section) summarizes
KCI's recent stream and wetland restoration experience. More detailed project descriptions are also included in this
section to demonstrate our experience in the execution of projects similar in nature to the one proposed.
Key Staff
The key staff assigned to the project offer the DMS a qualified and experienced group of professionals dedicated to
providing the highest quality services and technical expertise in the field of stream and wetland mitigation. KCI has been
working on full delivery mitigation since the inception of EEP/DMS and even before that with DENR's Wetland Restoration
Program. Through this time period, KCI has experienced little staff turnover, resulting in the internal efficiencies, quality
deliverables, and an invaluable working knowledge of the State's mitigation program. Our organizational chart is attached
at the end of this section. Our staff is prepared to complete all tasks on the proposed project in an innovative, cost
effective, and timely manner. Our past record of successful work performance with state and federal clients, including
DMS, is directly attributed to our ability to work interactively on multi -disciplined projects in concert with clients,
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
KCI North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■■I
agencies and stakeholders, and demonstrates our commitment and capabilities to undertake projects involving a variety
of environmental, engineering and ecological challenges.
In addition to the key staff, KCI maintains highly trained professional support staff to aid in the execution of project
tasks. This includes over 1,500 technical staff company -wide, with over 100 in the Raleigh office alone. These groups of
engineers and scientists have, on average, 10 years of experience in their respective disciplines, and the majority of them
have been awarded advanced degrees and certifications in their field of expertise.
Project Manager Qualifications and Experience
KCI recognizes that the Project Manager will likely serve the most important role on a given full delivery project. An
individual with a broad range of skills linking together budgetary and personnel management with all the components of
a restoration project (assessment, design, construction, permitting, monitoring, agency negotiation, and credit delivery)
will be needed to successfully oversee and implement this project. The individual will also need to be experienced in
completing large scale restoration projects with aggressive design and construction timeliness.
KCI's choice for Project Manager on this project will be Tim Morris. Mr. Morris has been working in the environmental
restoration industry for 29 years since graduating from Duke University with a Master's of Environmental Management
degree. Mr. Morris has worked on a broad range of environmental projects over the course of his career which has
helped to give him a well-rounded approach to problem solving and a unique ability to manage the complex needs
of large-scale restoration projects. Equipped with first-hand knowledge of real estate acquisition, assessment, design,
construction, monitoring and regulatory hurdles, Mr. Morris has been challenged to manage the design and construction
elements of many of the largest environmental mitigation projects completed on the east coast over the last 16 years. To
quantify on a cost basis, Mr. Morris has managed over $60 million in environmental restoration projects in both urban
and rural settings during this time frame. Highlights have included managing the section design review, bidding, and
construction of all the environmental mitigation components of the $2.5 billion Woodrow Wilson Bridge project in
the Washington, DC metropolitan area. He also managed the environmental construction and mitigation elements of
the US 113 dualizaton project on the Eastern Shore of Maryland, which at the time was the largest and most complex
environmental mitigation project completed in the State of Maryland. Mr. Morris currently manages KCI's full delivery
mitigation program for DMS. This work requires the concurrent management of multiple projects typically ranging
in value from $1 million to $6 million. Mr. Morris' philosophy on developing successful environmental design and
construction projects is to promote ownership of project from the ground up. This involves informing and training
contractors, landowners, regulatory staff, project owners and other project stakeholders through diligent communication
and involvement. Table 2 at the end of this section summarizes Mr. Morris' project management and environmental
restoration experience since 2000.
Mr. Morris has spent the last nine years working primarily on DMS projects, both design -bid -build and full delivery.
Mr. Morris is very familiar with the DMS contracting processes, deliverable time lines, review schedules, DMS guidance
and project closeout procedures and logistics. Mr. Morris is also actively involved and informed on developing policy
issues between DMS and the environmental regulatory agencies through his position as a President of the North Carolina
Environmental Restoration Association, a nonprofit restoration advocacy group in North Carolina. This knowledge
and understanding of ongoing issues has a direct impact on how he manages his projects as regulation and policy in
the restoration industry evolves to keep pace with the growing knowledge base. Mr. Morris will utilize his experience
working with DMS to ensure full credit delivery for this project.
KC I
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ill
As demonstrated in Table 2, Mr. Morris has worked on large scale, complex, time sensitive restoration projects throughout
his career. Often these projects were occurring simultaneously, requiring diligent communication with his project team,
careful time management, and calculated planning to overcome the logistical challenges presented by multiple on-
going projects occurring in different site locations. Examples of Mr. Morris' experience managing large scale projects
include completing multiple 10,000+ LF full delivery projects (Cane Creek — 18,000 LF, Collins Creek — 10,000 LF)
along with three design -bid build projects (McIntyre Creek, Little Troublesome Creek, and McCain Site) simultaneously.
Additionally, while working on the Woodrow Wilson Bridge project, Mr. Morris completed the design and construction
phases of 56 individual mitigation sites, utilizing 17 different contract vehicles over the course of 4.5 years. These
projects ranged in scope and scale from reforestation projects to large scale stream and fish passage mitigation sites
with a total construction value exceeding $40 million. Mr. Morris understands that the key to managing large scale
projects with aggressive time requirements is to stay in front of potential problems, foster active partnership among team
members and to surround yourself with hard working, skilled individuals who all have a stake in the success of the
project. The KCI team has been formed with these factors in mind and will be dedicated to the success of the project
behind the leadership of your Project Manager.
Resumes of Vendor and Sub -Vendor
Resumes of the project team and sub -vendors can be found in Section F - Project Organization.
DBE/HUB Participation
Neither KCI nor our subconsulant Axiom Environmental are DBE or HUB participants.
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
1
DEQ, Division of
Mitigation Services
Principal -In -Charge
Gary Mryncza, PE, PH
1
Project Manager
Timothy Morris
1
Site Assessment / Survey
Kristin Knight -Meng, PE
Adam Spiller, CPESC
Alex French
Tommy Seelinger
Joe Sullivan
Jim Gellenthin, PLS
Grant Lewis, LSS, PWS (Axiom)
1
I
Project Design
Gary Mryncza, PE, PH
Adam Spiller, CPESC
Alex French
Kristin Knight -Meng, PE
Michael Underwood, PE
Timothy Morris
I
Site Restoration
Timothy Morris
Kevin O'Briant
Zachary Mryncza
KCI ETC
1
Role
Administrative
CADD Technician
Construction Managers
Designers
Environmental Scientists
Geologists
Land Surveyors
Local
3
2
67
10
8
0
8
Corporate
87
11
448
173
60
1
86
1
Monitoring /
Management
Adam Spiller, CPESC
Alex French
Tommy Seelinger
Joe Sullivan
Kevin O'Briant
KCI ETC
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL MI ■
Table 1 - KCI Full Delivery Project Summary
Region/Character
a)
a
Z
.0—u
Yarbro Stream
U
L
V
2019
N
NC
V
CsV
Q V
a7OO
a_
Mountain
`
a
3U
Rural
Credit
V
a 0
5.0
Summary
N
0 73 N
,C
>UN
0
P
}_
N
V
0 p
mU
in
8,170
0
a) N
O aN
E
mN
0Q
in
P
V
E
N
U
Type
C
.
N1.
0o
P
of Project
,, C
•N
V E
i _i0
a_o
Q
P
Work
V
o
° I
P
and
C
,CL
Current
C
L C 0t2
7 C.
NN
ZU0
Status 1
P
Y
NCDMS
Eight Point
2019
NC
Piedmont
Urban
4.5
N/A
N/A
N/A
X
X
I'
P
P
N
NCDMS
Pond Haven
2019
NC
Piedmont
Urban
10
N/A
N/A
N/A
X
X
P
P
P
N
NCDMS
Dale's Creek
2019
NC
Mountain
Rural
N/1
N/A
1,842
P
U
P
P
P
P
Y
NCDMS
Morgan Branch
2019
NC
Mountain
Rural
N/A
N/A
13,894
P
U
P
P
P
P
Y
NCDMS
Round Hill Branch
2018
NC
Mountain
Rural
N/A
N/A
2,130
P
U
P
P
P
P
Y
NCDMS
Hip Bone Creek
2018
NC
Piedmont
Rural
4.2
P
3,000
P
U
P
P
P
P
Y
NCDMS
Rough Horn II ii
2018
NC
Coastal
Rural
20.7
P
4,394
P
U
P
P
P
III
III
NCDMS
Black Bull
2017
NC
Piedmont
Rural
3.1
P
6,101
P
U
P
P
P
P
Y
NC DOT
Hair Sheep
2017
NC
Mountain
Rural
MI
P
3,100
P
U
P
P
P
P
Y
NC DOT
Stony Fork
2016
NC
Piedmont
Rural
N/A
N/A
7,187
P
X
X
P
P
P
Y
NCDMS
Mill Dam Creek
2016
NC
Piedmont
Rural
N/A
N/A
11,000
P
X
X
P
P
4
NCDMS
Sandy Bridge Farm
2015
NC
Piedmont
Rural
4.1
P
1,600
P
X
X
I'
I'
P
Y
NCDMS
Cedar Branch
2015
NC
Piedmont
Piedmont
N/A
N/A
7,000
P
X
X
X
N
U
Y
NCDMS
Rough Horn Swamp
2015
NC
Coastal
Coastal
31
P
N/A
N/A
X
X
P
P
P
N
NCDMS
Norman's Pasture II
2014
NC
Coastal
Rural
9.4
P
332
P
X
X
X
X
U
Y
NCEEP
Stanley's II
2013
NC
Coastal
Rural
6.5
P
N/A
N/A
X
X
X
X
U
N
NCEEP
Norman's Pasture
2012
NC
Coastal
Rural
1
P
N/A
N/A
X
X
X
X
U
N
NCEEP
Bowl Basin
2012
NC
Coastal
Rural
10.8
P
N/A
N/A
X
X
X
X
U
N
NCEEP
X = completed, U = underway, P = pending, N/A = not part of project
Clients: NCEEP-NC Ecosystem Enhancement Program; TNCVA (VARTF) The Nature Conservancy of VA, VA Aquatic Resources Trust Fund; NCDMS - NC Division of Mitigation
Services, NC DOT - NC Department of Transportation, NCWRP - North Carolina Wetland Restoration Program
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
Region/Character
'6
2
p
C.)
2012
2
n
NC
0
o
�
Coastal
V
gV
Rural
Credit
V
10.0
Summary
2
P
V
aV
N
N/A
L
a8
N
N/A
E
Qc
X
Type
c c
X
of Project
.V
E 2D a) VI
V�
Work
.
u
o
U
and
'-
Current
L C rn
B113
ZU
Status
Z
o
Bear Basin
U
X
X
U
N
NCEEP
Twin Bays
2012
NC
Coastal
Rural
11.0
P
N/A
N/A
X
X
X
X
U
N
NCEEP
Stanley's Slough
2012
NC
Coastal
Rural
2.8
P
4,248
* P
X
X
X
X
U
Y
NCEEP
Jacob's Ladder
2011
NC
Piedmont
Rural
N/A
N/A
4,935
P
X
X
X
X
U
Y
NCEEP
Jacob's Landing
2011
NC
Piedmont
Rural
N/A
N/A
4,655
P
X
X
X
X
U
Y
NCEEP
Johnson and Waddle
2011
VA
Mountain
Rural
21. I
I'
N/A
N/A
\
X
X
X
U
N
TNCVA
(VARTF)
Buffalo Flats
2011
NC
Piedmont
Rural
15.0
15.0
N/A
N/A
X
X
X
X
X
N
NCEEP
Farrar Dairy
2006
NC
Piedmont
Rural
61.9
64.0
11,881
11,561
X
X
X
X
X
Y
NCEEP
Dog Bite
2006
NC
Mountain
Rural
N/A
N/A
3,265
3,317
X
X
X
X
X
Y
NCEEP
Cane Creek
2006
NC
Piedmont
Rural
N/A
N/A
14,622
14,622
X
X
X
X
X
Y
NCEEP
Brown
2005
NC
Piedmont
Rural
26.3
26.3
N/A
N/A
X
X
X
X
X
N
NCEEP
Daniels #2
2005
NC
Piedmont
Rural
19.2
19.2
N/A
N/A
X
X
X
X
X
Y
NCEEP
Harrell
2005
NC
Coastal
Rural
15.0
15.0
8,238
6,808
X
X
X
X
X
Y
NCEEP
Glen Raven
2005
NC
Piedmont
Rural
N/A
N/A
3,405
3,355
X
X
X
X
X
Y
NCEEP
Collins Creek
2005
NC
Piedmont
Rural
N/A
N/A
8,933
8,933
X
X
X
X
X
Y
NCEEP
Daniels Farm
2003
NC
Piedmont
Rural
31.7
31.7
N/A
N/A
X
X
X
X
X
N
NCEEP
Rich Fork
2001
NC
Piedmont
Rural
21.5
3,400
2,913
X
X
X
X
X
Y
NCWRP
X = completed, U = underway, P = pending, N/A = not part of project
Clients: NCEEP-NC Ecosystem Enhancement Program; TNCVA (VARTF) The Nature Conservancy of VA, VA Aquatic Resources Trust Fund; NCDMS - NC Division of Mitigation
Services, NC DOT - NC Department of Transportation, NCWRP - North Carolina Wetland Restoration Program
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL A ■
Table 2 - Tim Morris Project Management/ Mitigation Experience - Since 2001
PROJECT NAME
YEAR
PURPOSE
STATE
APPROXIMATE
VALUE (Millions)
ROLE
CLIENT
Yarbro
2019
Mitigation - DMS
North Carolina
4.0
Project Manager-
Full Project
NCDMS
Eight Point
2019
Mitigation - DMS
North Carolina
0.4
Project Manager-
Full Project
NCDMS
Pond Haven
2019
Mitigation - DMS
North Carolina
0.5
Project Manager -
Full Project
NCDMS
Dale's Creek
2019
Mitigation - DMS
North Carolina
0.9
Project Manager -
Full Project
NCDMS
Morgan Branch
201
Mitigation - DMS
North Carolina
6.7
Project Manager -
Full Project
NCDMS
Round Hill Branch
2018
Mitigation - DMS
North Carolina
1.0
Project Manager -
Full Project
NCDMS
Hipbone Creek
2018
Mitigation - DMS
North Carolina
1.0
Project Manager -
Full Project
NCDMS
Rough Horn Swamp II
2018
Mitigation - DMS
North Carolina
2.0
Project Manager -
Full Project
NCDMS
Hair Sheep Site
Mitigation - NC DOT
and Private Bank
North Carolina
4
1.0
Project Manager -
Full Project
NC DOT and Private
Users
Black Bull Mitigation
Site
2017
Mitigation - NC DOT
and Private Bank
North Carolina
2.4
Project Manager -
Full Project
NC DOT and Private
Users
Mill Dam Creek Site
2016
Mitigation - DMS
Nort Carolina
3.4
Project Manage-
Full Project
NCDMS
Stony Fork Site
2016
Mitigation - DMS
North Carolina
2.6
Project Manager -
Full Project
NCDMS
Cedar Branch
i
2015
Mitigation - DMS
North Carolina
1.8
Project Manager -
Full Project
NCDMS
Rough Horn Swamp
2015
Mitigation - DMS
North Carolina
1.2
Project Manager -
Full Project
NCDMS
lir
Sandy Bridge Farm
2015
Mitigation - DMS
North Carolina
0.8
Project Manager -
Full Project
NCDMS
Noinian's Pasture II
2014
Mitigation - EEP
North Carolina
0.5
Project Manager -
Full Project
NCEEP
Stanley's II
2013
Mitigation - EEP
North Carolina
0.4
Project Manager -
Full Project
NCEEP
K C I
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■ ■
PROJECT NAME
YEAR
PURPOSE
Mitigation - EEP
STATE
North Carolina
APPROXIMATE
VALUE (Millions)
1.3
ROLE
Project Manager -
Full Project
CLIENT
NCEEP
Norman's Pasture
2012
Bowl Basin
=
2012
Mitigation - EEP
North Carolina
0.5
Project Manager -
Full Project
NCEEP
Jacobs Landing
2011
Mitigation - EEP
North Carolina
1.3
Project Manager -
Full Project
NCEEP
Jacobs Ladder
A
2011
Mitigation - EEP
North Carolina
1.4
.m
Project Manager -
Full Project
NCEEP
UT to Crab Creek Site
2010
Mitigation - EEP
North Carolina
0.8
Construction
Administrator
NCEEP
Buffalo Flats
2010
Mitigation - EEP
North Carolina
1.2
Project Manager -
Full Project
NCEEP
Little Troublesome
Creek Site
2009
Mitigation - EEP
North Carolina
0.5
Construction
Administrator
NCEEP
McCain Site
2008
Mitigation - EEP
North Carolina
0.5
Construction
Administrator
NCEEP
Briles Site
2008
Mitigation - EEP
North Carolina
0.5
Construction
Administrator
NCEEP
McCain Site
2008
Mitigation - EEP
North Carolina
0.5
Construction Admin-
istrator
NCEEP
Briles Site
2008
Mitigation - EEP
North Carolina
0.5
Construction Admin-
istrator
NCEEP
Johnson Site
2008
Mitigation - EEP
North Carolina
0.5
Construction Admin-
istrator
NCEEP
Johnson Site
2008
Mitigation - EEP
North Carolina
0.5
Construction
Administrator
NCEEP
McIntyre Site
2007
Mitigation - EEP
North Carolina
1.3
Construction Admin-
istrator
MSHA
McIntyre Site
2007
Mitigation - EEP
North Carolina
1.3
Construction
Administrator
MSHA
Rock Creek Fish
Passage Sites
2006
Mitigation - WWB
Washington DC
4.8
Design Review/
Contracting / CPM
MSHA
i
Anacostia 11 Tidal
Wetland Mitigation
2006
Mitigation - WWB
Maryland
6.0
Design Review/
Contracting / CPM
MSHA
K C I
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
PROJECT NAME
YEAR
PURPOSE
STATE
APPROXIMATE
VALUE (Millions)
ROLE
CLIENT
Farrar Dairy
2006
Mitigation - EEP
North Carolina
5.9
Project Manager - Full
Project
NCEEP
Dog Bite Creek
2006
Mitigation - EEP
rth Carolina
0.9
I
Project Manager
Full Project
NCEEP
Bladensburg Marina
Tidal Wetland
2005
Mitigation - WWB
Maryland
0.8
Design Review /
Contracting / CPM
MSHA
Northwest Branch
Fish Passage Sites
2005
Mitigation - WWB
A
Maryland
1.4
Design Review / *
Contracting / CPM
MSHA
Sligo Creek Fish
Passage Sites
2005
Mitigation - WWB
Maryland
0.5
Design Review/
Contracting / CPM
MSHA
Indian Creek Fi05
Passage Sites
Mitigation - WWB
Maryland
0.8
Design Review /
Contracting / CPM
MSHA
Cane Creek
2005
Mitigation - EEP
North Carolina
3.1
Project Manager/Con-
struction/Closeout
NCEEP
Collins Ck
jIMMI
2005
Mitigation - EEP
North Carolina
1.5
Project Manager/Con-
struction/Closeout
NCEEP
Daniels Farm
2005
Mitigation - EEP
North Carolina
0.5
Project Manager/Con-
struction/Closeout
NCEEP
Glen Raven Site
2005
Mitigation - EEP
orth Carolina
1.0
Project Manager/Con-
struction/Closeout
P
Harrell Site
2005
Mitigation - EEP
North Carolina
1.9
Project Manager -
Full Project
NCEEP
Silver Property Tidal
Wetlands #
2004
Mitigation - WWB
Virginia al
0.5
•
Design Review/
Contracting/ CPM
VDOT
Tuxedo Road Wetland
2004
Mitigation - WWB
Maryland
0.5
Design Review/
Contracting / CPM
MSHA
SAV Planting .1
Potomac River
2004
Mitigation - WWB
Maryland -Virginia
0.5
Design Review/
Contracting/ CPM
MSHA
Aquia Harbour Prop-
erty Tidal Wetlands
2004
Mitigation - WWB
Virginia
0.4
Design Review/
Contracting/CPM
VDOT
VA Tidal Wetlands -
Interchanges
2003-2006
Mitigation - WWB
Virginia
0.3
Design Review/
Contracting/CPIv�
VDOT
Reforestation Sites -
WWB
2003-2006
Mitigation - WWB
Maryland
0.3
Design Review/
Contracting/CPM
MSHA
Bounds Wetland
2003
Mitigation - US 113
Maryland
0.8
Design Review/CM
MSHA
Bradford Wetland
2003
Mitigation - US 113
Maryland
0.3
Design Review/CM
MSHA
K C I
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL _i ■
PROJECT NAME
YEAR
PURPOSE
STATE
APPROXIMATE
VALUE (Millions)
ROLE
CLIENT
Lopez Site
2003
Mitigation - US 113
Maryland
0.2
Design Review/
Construction PM
MSHA
Mariner Site
2003
Mitigation - US 113
Maryland
0.2
Design Review/
Construction PM
MSHA
Four Mile Run Park
Wetland and Stream
Mitigation
2003
Mitigation - WWB
Virginia
0.8
Design Review/
Contracting/CPM
VDOT
Mason Neck Segment-
ed Breakwaters
2003
Mitigation - WWB
Virginia
0.5
Design Review/
Contracting/CPM
VDOT
Bishop Wetland
2002
Mitigation - US 113
Maryland
0.1
Design Review/CM
MSHA
Mitchell Wetland
2002
Mitigation - US 113
Maryland
0.2
Design Review/
Construction PM
MSHA
Cropper Site
2002
Mitigation - US 113
Maryland
0.2
Design Review/
Construction PM
MSHA
US 50 and US 113
Site
2002
Mitigation - US 113
Maryland
0.1
Design Review/
Construction PM
MSHA
Mitchell Wetland
2001
Mitigation - US 113
Maryland
0.1
Design Review/
Construction PM
MSHA
WWB - Woodrow Wilson Bridge Project, NCEEP - NCDENR Ecosystem Enhancement Program, NCDMS - NC DEQ, Division of Mitigation Services,
NC DOT - North Carolina Department of Transportation, MSHA - Maryland State Highway Administration, VDOT - Virginia Department of Transportation
K C I
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

NORTH CAROLINA DIVISION OF
MITIGATION SERVICES
F. PROJECT
ORGANIZATION
NOIIVZINV9110

PROPOSAL I ■
KEY PERSONNEL
NAME
RESPONSIBILITIES
CERTIFICATIONS YEARS OF
EXPERIENCE
PROJECT MANAGER
Timothy Morris
Project Manager/Practice
Leader
Rosgen Level I -II
29
PRINCIPAL -IN -CHARGE
Gary M. Mryncza, PE, PH
Principal -in -Charge
Professional Engineer:
NC#32733, CPESC, Rosgen
Level I - IV
22
PROFESSIONAL PERSONNEL
di
Kristin Knight -Meng, PE
Site Assessment, Project Design
Rosgen Level I -IV, NC WAM
Professional Engineer
NC#40899
16
Adam Spiller, CPESC
Site Assessment, Project
Design, Monitoring/
Management
Rosgen Level I -IV
CPESC
16
Alex French
Site Assessment/Survey, Project
Design, Monitoring
Rosgen Level I -IV
21
Tommy Seelinger
Site Assessment, Monitoring
Rosgen I -II
10
Joe Sullivan
Site Assessment, Monitoring
NC WAM/NC SAM
Certifications
9
Jim Gellenthin, PLS
Site Assessment/Survey
Professional Land Surveyor:
NC #3860
34
Grant Lewis, LSS, PWS
(Axiom)
Site Assessment/Survey
Rosgen I -IV
NC Licensed Soil Scientist -
1233
27
Michael Underwood, PE
Project Design, Monitoring
Professional Engineer
TN#118847
TDEC EPSC Level I -II
Rosgen Level I -II
NCSU Rivercourses
10
Kevin O'Briant
Site Restoration, Monitoring
Water Pollution Control System
Operator (#989400)
Rosgen Level I -IV
FAA Part 107 (Drone) Pilot
21
Zach Myrncza, CCM, CPESC
Site Restoration
Rosgen Level I, CCM, CPESC
15
All legal aspects related to recordation of the conservation easement and other legal documentation
will be handled by: Moore & VanAllen (MVA), 100 North Tryon Street, Suite 4700, Charlotte NC 28202-4003
Paul Arena, Counsel from MVA has performed in this capacity on 29 past full delivery projects for the KCI team.
(Key Personnel resumes on the following pages)
KCi
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
TIMOTHY MORRIS
Mitigation Project Manager
Education
MEM in Water Resource Management
BS in Natural Resource Management
Registration
Rosgen Level I, II
WTI Certified Wetland Delineator
NASHP/AHERA Certified Environmental Auditor (#1000196193)
29 Years of Experience
Mr. Morris is a Practice Leader for KCI's Natural Resource Programs practice. He worked as an environmental consultant for 28
years since graduating with a Master of Environmental Management degree from Duke University. Mr. Morris has worked on a
variety of natural resource based planning, restoration and construction projects for both private and public sector clients. His area
of expertise is in the water resource management field, and his specific experience includes natural resource restoration (primarily
riparian area restoration), wetland delineation, wetland permitting, wetland mitigation design, construction management, pond and
lake management, environmental construction inspection and watershed planning. For the last 17 years, Mr. Morris has focused on
the restoration of natural systems, primarily to mitigate for impacts associated with large-scale public and municipal infrastructure
projects.
Notable projects included in Mr. Morris' resume are the US 113 Dualization project on the Eastern Shore of Maryland and the
Woodrow Wilson Bridge Project, a $2.5 billion transportation venture between Maryland, Virginia, and the District of Columbia. For
these two projects, Mr. Morris managed a portfolio of restoration projects valued at over $60 million. These projects included stream
restoration, tidal and non -tidal wetland restoration, dam removal, migratory fish habitat expansion, submerged aquatic vegetation re-
establishment, water quality enhancement projects and fish passage and shoreline stabilization projects.
Currently, Mr. Morris manages KCI's mitigation banking and full delivery mitigation program. The main clients for this program
include the North Carolina Division of Mitigation Services, the NC Department of Transportation as well as private developers.
As part of these programs, Mr. Morris has successfully managed over $40 million of mitigation assets over the last 11 years. These
projects include stream, wetland, and riparian area restoration components. As the name implies, these full delivery projects require
involvement in the project from site reconnaissance, real estate acquisition (fee simple and easement acquisition), assessment, design,
permitting, implementation (construction), monitoring, maintenance, and credit delivery. Mr. Morris has a defendable track record of
producing 99% of the credits that have been proposed in the mitigation plans and mitigation banking instruments.
• Farrar Dairy Project in Lillington, North Carolina for NCEEP. Lead Scientist/Wetland Designer. Supervised the design of more
than 110 acres of wetland mitigation and over 12,500 linear feet (LF) of stream restoration, enhancement, and preservation on a
large integrated wetland -stream complex in the Sand Hills of North Carolina. Coordinated preparation of construction drawings
and facilitated the implementation of property improvements coincident to the restoration project. Managed the regulatory
components of the project including permitting, document review, adaptive management and credit release for the site. The
project was closed out with no credit reductions from the proposed design.
• Johnson and Waddle Sites in Saltville, Virginia for TNC of Virginia and the Virginia Aquatic Resources Trust Fund. Project Manager.
Supervised the reconnaissance, real estate acquisition, regulatory negotiation, design, permitting, construction, and monitoring
of two adjacent 16 acres sites located along the North Fork of the Holston River in the mountains of Virginia. The credits derived
from the project were used to mitigate private impacts occurring in the Tennessee River basin. The wetland mitigation approach
involved preservation, restoration, enhancement and creation components that were integrated into a constructible design that
was constructed by KCI Environmental Technologies and Construction, Inc., the specialty environmental construction contracting
arm of KCI Technologies, Inc.
• Rough Horn Stream and Wetland Mitigation Bank in Evergreen NC for NC Division of Mitigation Services. Project Manager.
Managed the development of a stream and wetland mitigation bank located in the Coastal Plain of North Carolina. This site, when
restored, enhanced and preserve over 70 acres of riparian and non -riparian wetlands, restored approximately 5,500 LF of coastal
plain stream, and integrated a continuous riparian buffer that originates from a drained Carolina Bay. Mr. Morris was responsible
for the initial identification of the restoration opportunity; the acquisition of easements and fee simple land for seven different
parcels owned by 4 separate entities; and the assessment, design, and permitting of the site. The site is currently in the monitoring
phase.
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

GARY M. MRYNCZA, PE, PH
Principal -in -Charge
Education
MS in Water Resources
MS in Civil Engineering
BS in Natural Science
BSET in Civil Engineering Technology
Registration
Hey -River Mechanics and Restoration
Rosgen Levels I, II, III, IV
Professional Hydrologist (H-1605)
Professional Engineer (NC #32733)
Certified Professional in Erosion & Sediment Control
(#4314)
22 Years of Experience
Mr. Mryncza is the company -wide Discipline Head for
Resource Management and specializes in hydrology and
streams. His experience includes watershed and site -
specific hydrologic analysis, stream assessment, feasibility
study and restoration design, water quality assessment/
stream monitoring, and water resources management.
Mr. Mryncza is versed in the use of hydrologic/hydraulic
models and has experience applying natural channel design
principles. He has been responsible for the development
of design plans for over 50,000 LF of channel in North
Carolina for NCWRP / NCEEP and NCDOT.
• Glen Raven Full Delivery Project (FDP) in Burlington,
North Carolina for NCEEP. Design Engineer. Supervised
design of over 3,000 LF of impaired stream and associated
riparian area. Led the design team in existing condition
assessments, reference reach surveys, and development
of design criteria. Performed sediment transport and
hydraulic analyses. Developed construction drawings
and performed quality assurance/control for various
design elements.
• Rich Fork FDP in High Point, North Carolina for
NCWRP Design Engineer. Supervised design of over
3,300 linear feet of impaired stream and 30 acres of
riparian wetlands along Rich Fork Creek in the High
Point area of Davidson County, North Carolina. Mr.
Mryncza led the design team in existing condition
assessments, reference reach surveys, and development
of design criteria. Led the development of construction
drawings and performed quality assurance/control for
various design and planning related project elements
and coordinated the regulatory approvals for the
project.
KCi
PROPOSAL ■ ■
KRISTIN KNIGHT-MENG, PE
Restoration Design Engineer, Mitigation
Planner
Education
MEM in Ecosystem Science and
Management
BA in Biology -Environmental Studies
BS in Civil Engineering
Registration
NC PE # 040899
Rosgen Level I, II, III, IV
NCWAM Training
16 Years of Experience
Ms. Knight -Meng is an engineer and project manager who
specializes in the restoration of natural stream and wetland
systems. During her 15 years at KCI, she has utilized
her background in engineering and ecosystem science to
complete stream and wetland assessments, design, report
preparation, and monitoring, hydrologic and hydraulic
studies and modeling, sediment studies, watershed
planning, 401/404 permitting, sediment and erosion
control plan development and FEMA coordination across
North Carolina.
• Twin Bays Wetland Restoration Site in Duplin County,
North Carolina for NCDMS. Project Scientist. Ms.
Knight -Meng developed the proposal and mitigation
plan and design for the restoration of approximately
10.6 acres of non -riparian wetland and 0.4 acre of
upland habitat in a former agricultural field in the
coastal plain. The primary restoration actions included
filling existing ditches and roughening the compacted
ground surface, but also included the modification
of an existing pond and the redevelopment of active
seepage areas. She developed a water budget to model
the proposed wetland hydrology.
• Sandy Bridge Stream and Wetland Restoration Project
in Rutherford County, North Carolina for NCDMS.
Project Engineer. Ms. Knight -Meng worked on the
initial site search and development, assessment, design,
and mitigation plan development for the restoration of
1,626 LF of a tributary to Cathys Creek and 6.94 acres
of adjacent wetlands at a livestock farm. This involved
developing the design, mitigation plan, hydrologic
analysis, and construction plans for the project.
• Mill Dam Creek Stream Restoration Site in Yadkin
County, North Carolina for NCDMS. Project Engineer.
Ms. Knight -Meng worked on the initial site development
and later the mitigation design and plan for this
approximately 13,000 LF stream restoration project.
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■ ■
ADAM SPILLER
Restoration Designer/Monitoring Supervisor
Education
MEM in Ecosystem Science and
Management
BS in Biology -Environmental Science
Rosgen Level I, II, III, IV
CPESC # 6515
16 Years of Experience
Mr. Spiller is experienced in performing stream and
wetland assessments and restoration design. His
educational background in biology and environmental
management aid him in understanding the functional
implications of stream restoration. He has applied these
skills in numerous contexts, including assessment, design,
and monitoring.
• Dog Bite FDP in Bakersville, North Carolina for
NCEEP. Natural Channel Designer/Construction
Oversight. Prepared the design of over 3,000 LF
of degraded stream (trout waters) and associated
riparian area. Spent extensive time on -site during
construction working with the contractor to ensure
that the project was built as designed and address
design related questions from the construction staff.
This construction oversight also included adapting
the design in enhancement portions of the stream to
incorporate beneficial existing habitat features into the
project such as mature trees, stable undercut banks,
and natural grade control boulder features. This
oversight allowed construction to proceed efficiently
and successfully.
• Cane Creek FDP in Person County, North Carolina
for NCEEP Natural Channel Designer. Helped lead
the design team for this project that included almost
19,000 LF of stream restoration and enhancement to
generate 14,622 stream credits. The design included
the assessment of cattle impaired and channelized
streams and continued to the preparation of a
mitigation plan. The mitigation plan documented
these conditions and provided the justification for
the design approach to restore this large site. The
design incorporated multiple constraints including:
existing perennial springs, bedrock outcrops, and
steep valley slopes. Following the mitigation plan
Mr. Spiller assembled the design and construction
plans and worked through the permitting phase to
get to construction. The construction phase included
oversight and baseline monitoring.
ALEX FRENCH
Restoration Designer
Education
BS in Natural Resources with minors in
Environmental Science and Forestry
Registration
Rosgen Level I, II, III, IV
21 Years of Experience
Mr. French is experienced in performing existing stream
condition data collection and reference reach assessments
using the Rosgen Classification System. His educational
background in biology and natural resource management
provide an excellent understanding of the functional
implications of stream restoration. He has applied these
skills in numerous contexts including assessment, design,
and monitoring.
• Stanley's Slough/II Restoration FDP in Margarettsville,
North Carolina for NCDMS. Designer. Prepared the
design of over 4,274 LF of headwater stream and 11.2
acres of riparian wetland. Coordinated with team to gather
data for existing conditions assessment, reference reach
surveys, and development of design criteria. Developed
concept for a braided channel detail and assisted the
construction contractor with the implementation of the
design. Prepared construction drawings and assisted in
the monitoring of the project.
• Norman's Pasture and Norman's Pasture II Restoration
FDP in Turkey, North Carolina for NCDMS. Designer.
Prepared the design of over 843 LF of headwater stream
and 27.2 acres of riparian wetland. Coordinated with
team to gather data for existing conditions assessment,
reference reach surveys, and development of design
criteria. Stream design required fill and structure
installation in the incised channel bed to wet the relic
floodplain. Design also required the stable conveyance
of stream flow from a single thread channel into broad
coastal plain wetland complex to enhance and restore the
floodplain of Stewart's Creek. Prepared the construction
drawings for the entire project.
• Cedar Branch Restoration FDP in Randolph County,
North Carolina for NCDMS. Designer. The site's natural
hydrologic regime had been impacted by cattle access and
cleared of any riparian buffer. KCI restored the site from
impacted agricultural lands to a stable stream ecosystem
with a functional riparian buffer and floodplain access.
Designed over 7,047 LF of stream and coordinated with
team to gather data for existing conditions assessment,
reference reach surveys, and development of design
criteria.
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL _ ■
TOMMY SEELINGER
Monitoring Manager
Education
BA in Biology
Registration
Rosgen Level I, II
10 Years of Experience
Mr. Seelinger is an environmental scientist with experience
on projects in KCI's Resource Management Division. Mr.
Seelinger manages the monitoring elements for all of KCI's
North Carolina mitigation projects and often assists with
the monitoring for KCI mitigation projects in other states.
Duties include managing the monitoring schedules to ensure
fieldwork is completed efficiently for as many as 20 separate
mitigation sites during the course of the year, as well as
generating the annual monitoring reports for each site.
• Cane Creek Monitoring FDP in Person County, North
Carolina. The Cane Creek Site was a full delivery project
that included over 19,000 LF of stream. Mr. Seelinger
assisted with the monitoring of this site from Year 03
through project closeout. This included surveying more
than 4,700 LF of longitudinal profile and 20 cross sections
with Wolman pebble counts, sampling 20 permanent
vegetation monitoring plots, and visual assessment and
identification of potential problem areas. Mr. Seelinger
was also was in charge of annual monitoring reports.
• Buffalo Flats Monitoring FDP in Cabarrus County,
North Carolina. This project for the North Carolina
Division of Mitigation Services included over 20 acres of
wetlands. Mr. Seelinger assisted with the creation of the
baseline report using data collected by others on the team
and oversaw the monitoring of this site from Monitoring
Year 01 through project closeout. This included sampling
13 permanent vegetation monitoring plots, upkeep and
bi-monthly downloads of 12 pressure transducer wetland
gauges, annual soil profile monitoring at two locations,
and visual assessment and identification of potential
problem areas. Mr. Seelinger was also in charge of annual
monitoring reports.
• Jacob's ladder and Landing Monitoring FDP in Rowan
County, North Carolina. Together the sites include over
10,000 LF of stream for the NCDMS. The monitoring for
the two sites consisted of over 6,200 LF of longitudinal
profile survey, 21 cross sections with Wolman pebble
counts, 28 permanent vegetation monitoring plots,
upkeep of 4 pressure transducer stream gauges, and visual
assessment and identification of potential problem areas.
JOE SULLIVAN
Mitigation Planner/Assessment and
Monitoring
Education
MS in Natural Resources
BS in Biology and BA Environmental
Studies
Registration
NC Wetland Assessment Method (NC
WAM)
NC Stream Assessment Method (NC SAM)
9 Years of Experience
Mr. Sullivan is an environmental scientist with experience
in assessment, permitting, monitoring, and compliance
of stream and wetland restoration project, infrastructure
projects, and private development projects. He has
experience with stream and wetland delineations, 404/401
permitting, buffer authorizations, natural resource studies,
stream and wetland monitoring, endangered species
surveys, and invasive species management. His experience
includes field assessments and delineation, species surveys,
GPS data collection, GIS analysis and mapping, and report
preparation. He has used these skills in a variety of stream
and wetland restoration projects, private developments as
well as municipal and NCDOT projects.
• Stony Fork FDP in Benson, North Carolina for
NCDMS. Performed a wetland/stream delineation and
buffer determination on the site and acquired relevant
agency approvals. Assisted in the collection of stream
assessment data to inform the restoration design and
mitigation plan. The project involved the restoration of
over 7,500 LF of stream channel, including Stony Fork
and four unnamed tributaries.
• Rough Horn Swamp I and II FDP in Evergreen
North Carolina for NCDMS. Environmental scientist
responsible for the wetland and stream delineation
of sites totaling over 100 acres. Contributed to the
preparation of the mitigation and design plans. Project
involved the restoration, enhancement, and preservation
of over 5,000 LF of coastal plain streams and 60 acres
of wetlands.
• Bear Basin FDP in Richlands, North Carolina for
NCDMS. Assisted in the monitoring o f wetland hydrology
and vegetation on the 10-acre site. Responsible for data
reduction, report writing, and assisting with adaptive
management activities required to ensure the site was
achieving its performance standards.
KCi
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

JIM GELLENTHIN, PLS
Chief Land Surveyor
Education
Certificate in Survey Technology
Registration
Professional Land Surveyor (NC #3860)
34 Years of Experience
Mr. Gellenthin has land surveying experience, including
supervision of survey personnel, survey procedures and
data management from courthouse research and field
procedures to the production of final mapping. He has
vast experience in preparation of topographic, boundary,
GPS control, environmental and construction surveys.
• Stony Fork FDP, Johnston County, North Carolina,
NCDMS. Project Surveyor. Responsible for
development of topographic base mapping, TIN
creation, easement plats, survey control and as -
built drawings for approximately 7,000 LF of stream
restoration.
• Mill Dam Creek FDP, Yadkin County, North
Carolina, NCDMS. Project Surveyor. Responsible
for development of topographic base mapping, TIN
creation, easement plats, survey control and as -built
drawings on approximately 11,000 LF of stream
restoration.
• Cedar Branch FDP, Randolph County, North
Carolina, NCDMS. Project Surveyor. Responsible
for development of topographic base mapping, TIN
creation, easement plats, survey control and as -built
drawings on over 7,000 LF of stream restoration and
enhancement.
• Sandy Bridge Farm FDP, Rutherford County, North
Carolina, NCDMS. Project Surveyor. Responsible
for development of topographic base mapping, TIN
creation, easement plats, survey control and as -built
drawings for over 1,500 LF of stream restoration and
4.5 acres of wetland restoration.
• Rough Horn Swamp FDP, Onslow County, North
Carolina NCDMS. Project Surveyor. Responsible
for development of topographic base mapping, TIN
creation, easement plats, deed research and survey
control and as -built drawings on approximately 31
acres of wetland restoration.
• Norman's Pasture and Norman's Pasture II FDP,
Sampson County, North Carolina, NCDMS. Project
Surveyor. Responsible for development of topographic
base mapping, TIN creation, easement plats, survey
control and as -built drawings on approximately 25
acres of wetland restoration and 830 LF of stream
enhancement.
PROPOSAL ■
GRANT LEWIS, LSS, PWS
Licensed Soil Scientist (Axiom)
Education
BS in Range Ecosystem Management
Registration
Licensed Soil Scientist (NC #1233)
Professional Wetland Scientist
Rosgen Level I, II, III, IV
27 Years of Experience
Mr. Lewis has a 27-year professional background in the
environmental consulting field including experience in
natural systems documentation, permitting, and stream/
wetland restoration. He has managed over 75 mitigation
feasibility studies, 20 detailed mitigation plans, and
implemented more than 30,000 LF of stream restoration
and 500 acres of wetland restoration. Additionally, Mr.
Lewis has managed the production of numerous ecological
assessments and/or natural system reports including
field delineations, protected species surveys, document
preparation, and permitting. Mr. Lewis will serve the role
of soil scientist on FDPs, primarily to map hydric soil areas
in wetlands and drained wetland features to properly and
accurately document wetland and stream credit potential at
each site.
• Abbey Lamm Stream and Wetland Restoration Site
in Alamance County, North Carolina for NC EEP.
Developed stream and wetland restoration plans
to restore 5,637 LF of stream channel and 1 acre of
riverine wetlands.
• Poncho Mitigation Bank Stream and Wetland
Restoration Site in Wayne County, North Carolina
for Restoration Systems, LLC. Developed stream and
wetland restoration plans to restore 5322 LF of stream
channel and 29 acres of riverine wetlands as well as
riparian buffer credits. Once the site was constructed,
stream and wetland monitoring included longitudinal
profile surveys, measurements of permanently
monumented cross -sections, substrate pebble counts,
benthic macroinvertebrate surveys, vegetative sampling,
and groundwater monitoring.
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■ ■
MICHAEL UNDERWOOD, PE
Design Engineer
Education
BS / Biological and Agricultural
Engineering
Registration
TN PE #118847
Rosgen Level I, II
NCSU Rivercourses
TDEC EPSC Level I, II
10 Years of Experience
Mr. Underwood is a design engineer with experience
on projects in KCI's resource management division. Mr.
Underwood has contributed to both the design and
monitoring elements of many KCI's full delivery projects
for NCDMS. Mr. Underwood's in-depth understanding of
stormwater BMP's and hydrologic processes has allowed him
to provide design input on stream and wetland restoration
elements that serve to enhance function and minimize risk
associated with incoming drainage features.
• Lockeland Springs Stream Restoration in Nashville,
Tennessee for the Tennessee Stream Mitigation
Program (TSMP). Project Engineer. Project is located
on a golf course within a city park. Streams are currently
channelized within impervious (concrete) drainage
features that feed into the Cumberland River. The 5,300
LF project will focus on removing the concrete/asphalt,
restoring bank and bed features, and adding structures
for bank stability and habitat. Mr. Underwood was
involved with the assessment, H&H modeling,
mitigation plan, design, site meetings, construction
drawings, and planting plan.
• Weimer Dam Removal in Bloomington, Indiana. Project
Engineer. Weimer Dam, a century old earthen dam
owned by the City of Bloomington, has been classified
as a significant hazard because of multiple safety
deficiencies including seeps through the dam. The dam
is approximately 400 feet long, 20 feet high, and holds
80 acre-ft of water. KCI was tasked with designing and
overseeing the removal of the dam through incorporating
a proposed natural stream design channel through the
dam remnant and planting the old lakebed with native
wetland plants. Mr. Underwood's work includes the
H&H model, design plans, site meetings, bid package,
and construction estimate. The project is underway and
construction oversight is ongoing.
KEVIN O'BRIANT
Construction Manager/Maintenance
Supervisor
Education
BS in Environmental Science
Registration
Rosgen Level I, II, III, IV
Water Pollution Control System
Operator (#989400)
21 Years of Experience
Mr. O'Briant is an environmental scientist with experience
restoring sites impacted by contamination as well as other
anthropogenic factors. Most recently, Mr. O'Briant has been
managing the construction end of stream and wetland
mitigation projects throughout North Carolina. His duties
include construction scheduling and estimating as well as
leading field crews and subcontractors during all phases
of the construction process. Mr. O'Briant is also in charge
of managing the maintenance elements of all of KCI's full
delivery projects. This important task requires careful
coordination with monitoring and project management staff
to ensure that performance standards and success criteria
are being met in compliance with each site's mitigation plan
• Bowl Basin FDP in Jacksonville, North Carolina for
NCDMS. Managed the construction phase of this 12 acre
wetland restoration project. Work included the filling/
partial filling of the existing drainage network, surface
roughening of existing compacted soils, installation of
shallow surface water deflectors and stabilization and
planting of all disturbed areas.
• Cedar Branch Full Delivery Project in Sophia, North
Carolina for NCDMS. Managed the construction phase
of this 7,500 LF stream restoration project in the Yadkin
River Basin. Duties included channel and floodplain
grading, structure installation, vegetative stabilization
and sediment and erosion control compliance. Managed
all material and equipment deliveries and provided
oversight and management of all subcontractors and
vendors. Coordinated all land improvements including
the development water wells and cattle waterers, the
installation of fence and easement signage and the
construction of stream crossings and farm roads.
• Norman's Pasture/II Full Delivery Project, in Turkey,
North Carolina for NCDMS. Managed the construction
phase of this 850 LF stream project and 27 acre wetland
project. Duties included channel and floodplain grading,
structure installation, vegetative stabilization and
sediment and erosion control compliance. Managed all
equipment and material deliveries.
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
ZACH MYRNCZA
Site Restoration
Education
MCM in Construction Management
BA in Psychology
Registration
Rosgen Level I
TDOT Asphalt Roadway
TDEC EPSC Level I
CPESC
OSHA Construction Safety and Health Course 10-Hour
TDOT Concrete Field Technician
TDOT Soils and Aggregate Technician
15 Years of Experience
Mr. Mryncza is an environmental scientist that has been
involved in implementing stream restoration projects for more
than 15 years. His responsibilities include stream assessment
and monitoring, construction oversight and management,
erosion prevention and sediment control inspection, and CADD
support during plan preparation.
• Twin Bays Restoration Site in Wallace, North Carolina for
NC Division of Mitigation Services. Served as superintendent
for the construction phase services associated with this 10.6
acre wetland restoration site. Mr. Mryncza was responsible
for the daily planning, materials management, labor
allocation, and cost monitoring as well as other on -site
activities. The project was completed on -time and within
budget even though significant weather delays and set backs
were encountered.
• Leiper's Fork Stream and Wetland Restoration Project in
Williamson County, Tennessee. Managed the construction
of over 12,000 LF of stream and ancillary wetland restoration
for the rural stream restoration project. Several sections
of the tributaries were abandoned and a new channel and
floodplain was constructed incorporating wood/rock vanes
and bioengineering. On large sections, boulders were
stacked to mimic the surrounding rock outcrops/bluffs to
gain a natural look on previously washed out stream banks.
• Sandy Bridge Farm Restoration Site in Rutherfordton,
North Carolina for NC Division of Mitigation Services.
Served as the assistant construction foreman for the
construction phase services associated with this stream and
wetland restoration project. The project was completed
on -time and within budget parameters. The project assets,
including 1,500 stream credits and 4.2 wetland credits
which are currently in the monitoring phase.
K C I
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
Rough Horn Swamp and Rough Horn II Restoration
Sites
Columbus County, North Carolina
The Rough Horn Swamp (RHS) and Rough Horn II (RHSII)
restoration sites include approximately 100 acres of stream and
wetland restoration in the Lumber River Basin (03040203 8-digit
cataloging unit). The sites are being completed through two separate
contracts for the North Carolina Department of Environmental
Quality, Division of Mitigation Services through their full delivery
procurement method. The sites are located adjacent to each other
near the Town of Evergreen in west -central Columbus County, North
Carolina. The natural hydrologic regimes have been altered on both
sites and vegetation has been substantially modified to make the
land suitable for agriculture.
The mitigation approach for RHS and RHSII was aimed to restore an
integrated stream/wetland ecosystem that buffered and supported the
Long Bay Creek/ Lumber River corridor. Wetland Restoration (re-
establishment) actions focused on filling on -site ditches to redevelop
wetland hydrology and planting the site with native vegetation.
Wetland enhancement and preservation of existing wetlands was
also completed at RHSII. In addition, Long Bay Creek was restored
as a coastal plain headwater stream/ wetland system in its historic
flowpath, which will elevate the groundwater table and increase
flood frequency throughout the site. The projects were planted
with native tree species and will be monitored for seven years. The
site is currently in the monitoring phase, which is expected to be
completed by 2027.
OWNER REFERENCE:
NC DEQ, Division of Mitigation Services
Lindsay Crocker, 919-707-8944
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Assessment: Alex French, Joe Sullivan
Survey: Jim Gellenthin
Design: Alex French, Kristin Knight -Meng, and Gregory
Brinkham
Construction: Kevin O'Briant
Monitoring: Tommy Seelinger
VALUE: $3.25 Million
DELIVERY METHOD: Full Delivery
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
Stony Fork Stream and Riparian Buffer Restoration
Project
Johnston County, North Carolina
KCI has developed a stream and riparian buffer restoration project
at the Stony Fork Restoration Site in southwestern Johnston County,
NC. This full -delivery project involves a wide range of services,
including site selection, assessment, Categorical Exclusion, survey,
design, construction, and monitoring. The project is located within
the Upper Neuse River Basin (03020201), where increasing devel-
opment has created a need for mitigation projects. The 24-acre site
will restore 6,000 linear feet Of) of stream and 16-acres of riparian
buffer to a stable ecosystem along Stony Fork and four of its tribu-
taries (T1, T1A, T2, and T3) that have been impacted by riparian
vegetation removal, channelization, forestry, and agriculture. The
project will connect to an existing wooded corridor both upstream
and downstream of the site. The stream design used a Priority 1
stream to connect to a broad floodplain for Stony Fork and then
improve incoming steeper tributaries. Hillside seepage is expected
to develop into ancillary riparian wetlands throughout the site. For
the riparian buffer restoration, KCI first physically removed large
expanses of invasive Chinese privet (Ligustrum sinense) and kudzu
(Pueraria lobate) that had taken over the site. New invasive growth
will be monitored treated during the seven-year monitoring period
for the project.
Construction of the project streams and planting of the buffer were
completed in the spring of 2019. The project streams and buffers will
be monitored for seven years following the completion of construction.
OWNER REFERENCE:
NC DEQ, Division of Mitigation Services
Lindsay Crocker, 919-707-8944
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Assessment: Tommy Seelinger and Joe Sullivan
Survey: Jim Gellenthin
Lead Designers: Adam Spiller, Alex French and Kristin Knight -
Meng
Construction/Maintenance: Kevin O'Briant
Monitoring: Tommy Seelinger
VALUE: $2.8 Million ($0.25 million for the buffer component)
DELIVERY METHOD: Full Delivery
KCi
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
Mill Dam Creek Stream Restoration Site
Yadkin County, North Carolina
The Mill Dam Creek Restoration Site (MDCRS) is a full delivery stream
mitigation project being developed for the North Carolina Division
of Mitigation Services (DMS) in the Yadkin River Basin (03040101
8-digit cataloging unit) in Yadkin County, North Carolina. The site's
natural hydrologic regime has been substantially modified through
the relocation and straightening of the existing stream channels,
livestock impacts, and clearing of riparian buffer. This site offers
the chance to restore streams impacted by pasture and agriculture
to a stable headwater ecosystem with a functional riparian buffer
and floodplain access.
The project site is located approximately 0.5 mile north of East Bend,
NC in Yadkin County. The existing primary stream, an unnamed
tributary to Hall Creek (UTHC) and its fourteen tributaries are
comprised of 13,506 proposed lf. The MDCRS will restore a stable
stream ecosystem with a combination of Restoration, Enhancement I
and Enhancement II techniques. The majority of the project streams
(78%) used a Priority 1 Approach aside from those areas that required
a Priority 2 transition out of steep or incised areas. In addition to the
traditional stream restoration actions, three regenerative stormwater
conveyances were used in combination with seep stabilization and
long-term easement protection to treat and protect an additional
1,852 lf of incoming drainage routes in the project watershed.
Approximately 0.43 acre of existing jurisdictional wetlands were
also protected in the conservation easement. Altogether, the project
restored and protected a vital headwater watershed in the Yadkin
Basin.
Construction of the project was completed in the summer of 2019 and
planting was completed in March 1, 2020. Monitoring was initiated
in the fall of 2020 and will continue for a minimum of seven years
or until success criteria are met.
OWNER REFERENCE:
NC DEQ, Division of Mitigation Services
Matthew Reid, 828-231-7912
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Assessment: Alex French, Adam Spiller, Joe Sullivan
Survey: Jim Gellenthin
Designers: Alex French, Kristin Knight -Meng, and
Michael Underwood
Construction: Kevin O'Briant
Monitoring: Tommy Seelinger
VALUE: $3.4 Million
DELIVERY METHOD: Full Delivery
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL
Sandy Bridge Restoration Site
Rutherford County, North Carolina
The Sandy Bridge Restoration Site is a stream and wetland full
delivery mitigation project being developed for the NCDMS. KCI
provided a full range of services at this site, including site selection,
assessment, Categorical Exclusion, survey, design, construction and
monitoring. The site will provide seven acres of wetland restoration
and 1,626 if of stream restoration in the Broad River Basin in
Rutherford County, NC. The project was originally identified in a
DMS Local Watershed Plan (LSWP) and offers the opportunity to
connect to the floodplain of Kathy's Creek downstream. The stream
and wetlands had been substantially modified through the relocation
of the stream channel, the installation of drainage ditches and the
manipulation of the soil profile in order to maximize the use of the
area for grazing. The project restored impacted agricultural lands
to a functioning stream and wetland ecosystem with enhanced
water quality, restored hydrology and improved fish and wildlife
habitats. The stream restoration utilized a Priority 1 approach to
reconnect the stream to the adjacent wetlands, creating an integrated
stream and wetland system. This will allow flood flows to recharge
the wetlands and raise the groundwater elevation to have more
interaction with the stream flows. The project will also serve as
a buffer to cattle and horse pastures outside of the easement. The
project required coordination with a local airport to ensure it met
all FAA requirements.
Construction was completed in 2017 and the restored stream and
wetlands will be monitored for a period of seven years.
OWNER REFERENCE:
NC DEQ, Division of Mitigation Services
Harry Tsomides, 828-545-7057
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Assessment: Steven Stokes and Alex French
Survey: Jim Gellenthin
Designers: Adam Spiller, Alex French and Kristin Knight -Meng
Construction/Maintenance: Kevin O'Briant
Monitoring: Tommy Seelinger
VALUE: $840,550
DELIVERY METHOD: Full Delivery
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL
Cedar Branch Stream Restoration Project
Randolph County, North Carolina
The Cedar Branch Restoration Site is a full -delivery project being
developed for the NCDMS for stream mitigation. This project involves
the restoration and enhancement of approximately 7,0001f of stream,
producing 6,200 stream mitigation credits in the Lower Yadkin
River Basin in Randolph County, NC. The main project stream had
been straightened and moved from its historic place in the valley to
maximize row crop agriculture and livestock grazing. The project
restored impacted agricultural land and pasture to a functioning
stream ecosystem with enhanced water quality, restored stream
function, and improved habitat. The restoration utilized a Priority
I approach to reconnect the stream to the historic floodplain and
also to stabilize steeper tributaries that enter from the surrounding
drainages into the broader valley floodplain. The project easement
buffers ongoing upslope agricultural practices. The completed
project improved a suite of hydraulic and geomorphic functions to
the system, including floodplain connectivity, habitat creation and
bedform diversity.
This site involved all aspects of project development including
site acquisition, easement development, categorical exclusion, site
assessment, design, federal and state permitting, and construction.
Construction took place over late 2017 and early 2018, and the
project has entered the seven-year monitoring phase.
OWNER REFERENCE:
NC DEQ, Division of Mitigation Services
Matthew Reid, 828-231-7912
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Assessment: Tommy Seelinger and Joe Sullivan
Survey: Jim Gellenthin
Lead Designers: Adam Spiller, Alex French and Kristin Knight -
Meng
Construction/Maintenance: Kevin O'Briant
Monitoring: Tommy Seelinger
VALUE: $1.8 Million
DELIVERY METHOD: Full Delivery
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL
Norman's Pasture and Norman's Pasture II Stream and Wetland
Restoration
Sampson County, North Carolina
Norman's Pasture and Norman's Pasture II Restoration Site is a
headwater stream and wetland system in Sampson County that had
been substantially modified to maximize grazing and agriculture
production. The site, with approximately 25 acres of wetland
restoration and 7501f of stream restoration, consists of a collection of
tributaries that drain moderately -sloped valleys onto the floodplain of
Stewarts Creek, a large fourth -order blackwater stream. The streams
had been moved and straightened and the wetlands had been ditched
in order to clear and drain the land for anthropogenic uses. Despite
these modifications, there are areas with high -quality wetlands that
remain on the property. The site offers the potential to restore and
protect a range of unique aquatic resources in one setting. Restored
and protected resources included existing riparian wetlands, a steep
forested tributary, lower gradient seep -fed headwaters stream systems,
and artesian springs.
In the Cape Fear River Basin Restoration Priorities (NCEEP 2009),
the goals for the 8-digit hydrologic unit focused on promoting water
quality improvements and protecting Outstanding Resource Waters.
Project goals will support these larger goals and include:
• Reconnect a continuous stream and wetland headwater system
to Stewarts Creek.
• Improve and expand riparian habitat along Stewarts Creek.
• Buffer nutrient inputs from adjacent agricultural and grazing
practices.
The following objectives will be implemented to achieve the goals:
• Redevelop headwater stream -wetland complexes that have
previously been impacted by ditching.
• Protect and integrate existing riparian wetlands into the project
design.
• Plant any unvegetated riparian areas with native plant communities.
• Fence all easement areas to protect the site's resources from
grazing.
Construction was completed on the site in the summer of 2015 and
the site is currently in monitoring. All indications are that the site
is achieving performance standards established.
REFERENCE:
NC DEQ, Division of Mitigation Services
Jeff Schaffer, 919-707-8308
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Assessment: Tommy Seelinger and Joe Sullivan
Survey: Jim Gellenthin
Lead Designers: Adam Spiller, Alex French and
Kristin Knight -Meng
Construction/Maintenance: Kevin O'Briant, Zach
Mryncza
Monitoring: Tommy Seelinger
VALUE: $1.8 Million
DELIVERY METHOD: Full Delivery
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
Stanley's Slough / Stanley's II
Stream and Wetland Restoration Projects
Northampton County, North Carolina
Stanley's Slough and Stanley's II stream and wetland restoration project
involved the restoration of coastal plain wetlands, streams and riparian
buffers. The project restored approximately 4,274 if of stream and 10
acres of riparian wetlands that have been impacted by anthropogenic
processes, including grazing, crop production, land clearing and stream
channel modification. The project goals developed in the project's
mitigation plan addressed stressors identified in local watershed planning
documents including the need to:
• Restore streams and riparian buffers to provide shade and
temperature control and increase in stream woody debris for
habitat.
• Restore and protect sensitive aquatic resources to improve habitat
and species diversity through the restoration of wetlands,
streams, and riparian buffers.
• Implement wetland and stream restoration projects that reduce
sources of nutrient pollution and surface runoff by restoring
hydrology and vegetation, stabilizing banks, and restoring
natural geomorphology where appropriate.
All of these goals were accomplished through careful planning,
design and project implementation. KCI restored a diverse
headwater stream and wetland community through the design and
implementation of stream and wetland grading plans designed
to restore the impacted channel and ancillary drainage network
to its historic condition. All of the drainage modifications were
implemented to increase the elevation of the local groundwater table
through the elimination of lateral drainage ditches and modification
of existing channelized streams , which allowed the designers
to reconnect the site hydrology to historic flow paths. Project
construction and planting were completed in March 2014. The site is
currently in monitoring.
OWNER REFERENCE:
NC DEQ, Division of Mitigation Services
Lindsay Crocker, 919-707-8944
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCi
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Assessment: Alex French
Survey: Jim Gellenthin
Design: Adam Spiller, Alex French
Construction: Kevin O'Briant
Monitoring: Tommy Seelinger
VALUE: $2 Million
DELIVERY METHOD: Full Delivery
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
Bowl Basin Restoration Site
Onslow County, North Carolina
The Bowl Basin Wetland Restoration Site (BBWRS) is a full -delivery
mitigation project developed for the NCDMS. The BBWRS was
a former non -riparian wetland system in the White Oak River
Basin (03020106 8-digit HUC) in northeastern Onslow County,
North Carolina that had been substantially modified to maximize
agricultural production. The site offered the opportunity to restore
impacted agriculutral lands to non -riparian wetland habitat.
The project will provide the restoration of approximately 11.7 acres
of non -riparian wetland. Project goals identified in the White Oak
River Basin Restoration Priorities (WORBRP) were incorporated in
to the goals of the BBWRS. These goals include:
• Slow and treat the runoff of upslope agricultural drainage.
• Restore a hardwood flats community.
• Create additional valuable wetland habitat in the Upper White
Oak drainage basin.
The project goals were addressed through the implementation of the
following project objectives:
• Filled field ditches to restore surface flow retention and elevate
local groundwater levels.
• Alleviated surface compaction and furrow drainage by surface
roughening throughout the site.
• Redeveloped longer wetland flow patterns to increase surface
flow retention time.
• Restored a native forested hardwood wetland community using
native trees and seed mixes.
Construction was completed in the fall of 2014. The site is currently
being monitored.
OWNER REFERENCE:
NC DEQ, Division of Mitigation Services
Lindsay Crocker, 919-707-8944
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Design: Alex French, Adam Spiller
Construction: Kevin O'Briant
Monitoring: Tommy Seelinger, Alex French
VALUE: $529,000
DELIVERY METHOD: Full Delivery
KCi
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
Twin Bays Wetland Restoration Site
Duplin County, North Carolina
The Twin Bays Wetland Restoration Site (TBWRS) is located northwest
of Wallace, North Carolina. TBWRS is a full -delivery mitigation site
developed for the NCDMS. The site is located within the Cape Fear
River Basin (0303007 8-digit HUC) and the Rock Fish Creek Local
Watershed (030300007090040 14-digit HUC), which has been
identified as a Targeted Local Watershed (TLW).
The project provided the restoration of approximately 10.6 acres of
non -riparian wetland and 0.4 acre of upland habitat. The primary
restoration actions included the filling of existing ditches and
roughening of the compacted ground surface, but also included the
modification of an existing pond and the redevelopment of active
seepage areas. Project goals addressed stressors identified in the
watershed. Goals included:
• Slow and treat the runoff of upslope agricultural drainage.
• Restore a Hardwood Flats Community.
• Develop valuable wetland habitat niches within a drained
agricultural landscape.
The project goals were addressed through the implementation of the
following project objectives:
• Filled field ditches to restore surface flow retention and elevate
local groundwater levels.
• Redeveloped longer wetland flow patterns.
• Modfied an existing pond to its natural seep condition to feed
the downslope wetland.
• Restored a forested hardwood wetland community using native
trees and seed mixes.
Construction was completed in the winter of 2014. The site is
currently being monitored.
OWNER REFERENCE:
NC DEQ, Division of Mitigation Services
Lindsay Crocker, 919-707-8944
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Assessment: Tommy Seelinger and Joe Sullivan
Lead Designers: Adam Spiller, Alex French
Construction/Maintenance: Kevin O'Briant
Monitoring: Tommy Seelinger, Alex French
VALUE: $735,000
DELIVERY METHOD: Full Delivery
KCI
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

PROPOSAL ■
Jacob's Ladder and Jacob's Landing
Stream Restoration
Rowan County, North Carolina
The Jacob's Ladder and Jacob's Landing stream restoration sites (JLS)
are two full -delivery mitigation projects developed for the NCDMS.
The sites offered the opportunity to restore two first -order stream
systems draining to Irish Buffalo Creek in the Lower Yadkin -Pee
Dee River Basin (HUC 03040105). The streams had been impacted
by decades of unrestricted cattle access and related activity. Now
completed, the two sites have restored, enhanced, and preserved
approximately 10,000 if of stream channel. The projects are located
in the Irish Buffalo Creek Local Watershed (HUC 03040105020040),
which the DMS has identified as a Targeted Local Watershed (TLS).
Project goals address stressors identified in the watershed and include:
• Reduce sediment supply entering Irish Buffalo Creek.
• Restore a diverse riparian corridor that connects to forested stream
systems both upstream and downstream of each project.
The following activities were implemented to achieve these goals:
• Restored stable channel planform to streams that had been
straightened and modified.
• Reshaped and stabilized eroding stream banks.
• Protected and stabilized incoming seepage flow into the site's
tributaries.
• Planted the site with native trees to help reestablish a diverse
riparian corridor.
• Installed cattle exclusion fencing to keep livestock out of the
project streams.
The two sites encompass a series of tributaries that make up a portion
of the Irish Buffalo Creek headwaters in southwestern Rowan County
near China Grove. The sites are located in a water supply watershed;
Irish Buffalo Creek flows into Kannpolis Lake, the primary warter
source for the City of Kannapolis. Downstream of Kannapolis Lake,
Irish Buffalo Creek is listed as impaired on the 2010 North Carolina
303(d) list for turbidity and copper.
Construction of the project was completed in 2014 and the site was
closed out in the summer of 2019.
OWNER REFERENCE:
NC DEQ, Division of Mitigation Services
Matthew Reid, 828-231-7912
KCI ENGINEER REFERENCE: Gary Mryncza, 615-377-2499
KCI TEAM MEMBERS:
Project Manager: Tim Morris
Assessment: Alex French
Design: Adam Spiller, Kristin Knight -Meng, Alex
French
Construction: Kevin O'Briant
Monitoring: Tommy Seelinger
VALUE: $2.8 Million
DELIVERY METHOD: Full Delivery
STREAM AND RIPARIAN WETLAND FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services
KCI

NORTH CAROLINA DIVISION OF
MITIGATION SERVICES
G. TECHNICAL

PROPOSAL MIN
SECTION G - TECHNICAL APPROACH
1.OPROJECT GOALS AND OBJECTIVES
The Haunted Creek Stream Restoration Site (the Site) is a candidate site for stream restoration in the Little Tennessee
River Basin in Macon County, North Carolina. As evidenced by historic aerial photos and site investigations, the streams
at this site have been substantially modified by anthropogenic impacts associated with forestry and agriculture including
channel relocation and straightening and historic cattle impacts. Restoring these streams will not only return this to a stable
ecosystem with a functioning riparian buffer, and floodplain bench, but will also lower the supply of sediment and nutrients
entering the project streams and then the Little Tennessee River. This project is within the Franklin to Fontana Local
Watershed Plan (LWP) and was identified as a restoration project in the Project Atlas for this plan.
The project goals for the Site are in line with the following goals for this CU:
• Implement wetland and stream restoration projects that reduce sources of sediment and nutrients by restoring riparian
buffer vegetation, stabilizing banks, and restoring natural geomorphology, especially in headwater streams.
• Work with landowners, local resource agencies, local land trusts and other nongovernmental groups to protect and
restore watersheds through restoration and preservation.
• Continue to implement the Franklin to Fontana LWP, which includes:
o Plant native woody vegetation in riparian areas
o Implement stream and buffer restoration projects
Project -specific goals for the site will include:
• Restore channelized streams to a natural pattern within the landscape.
• Buffer nutrient and sediment impacts to the receiving streams from farming forestry and historic grazing practices.
• Restore riparian wetlands associated with the restored stream.
• Improve and expand habitat for a variety of aquatic species.
Multiple objectives will be implemented to achieve these goals and address multiple stressors. Specific stressors identified
in the LWP are in bold and italics in the table below. Restoring functioning headwater streams and adjacent floodplain in
this system will help protect these headwater systems, an important component to maintaining good water quality in this
watershed. By establishing an easement that will be planted with native vegetation, a buffer will be restored, which will
reduce nutrient loading from adjacent agriculture practices.
Functional Category
Water Quality
Functional Stressors
Nutrient Inputs
Sedimentation
Non -Functioning Buffer/
Wetland Vegetation
Project Objectives to Address Goals and Stressors
• Planting 6.0 acres of riparian forest and wetland to buffer agricultural
nutrients, and sediment inputs from indirect and historic livestock
impacts to the channel.
• Restoring a stream with stable banks and minimal erosion.
• Permanently excluding livestock from the project easement.
• Permanently converting row crops to wetland and riparian buffer.
Hydrology
Peak Flows
• Restore channelized streams to a natural pattern promoting
floodplain access to storm flows.
Artificial Barriers
• Slow sheet flow from adjacent agriculture operations through a
riparian buffer and with storage in riparian floodplains.
Ditching/Draining
• Remove sediment wedges and failed culverts throughout impacted
streams.
• Fill a ditch with direct drainage to the project streams.
Habitat
Habitat Fragmentation
• Restore and improve existing riparian vegetated buffer to bridge
Limited Bedform Diversity
habitat gaps and remove barriers to instream habitat connectivity.
• Restore a stream with stable riffles and pools.
Absence of Large Woody
• Use large woody debris to create diverse in -stream structures and
Debris
habitat niches.
KC
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

PROPOSAL MI
2.0 PROJECT DESCRIPTION
The Site is situated in the northern portion of Macon County. The site is located approximately 5.6 miles north of Franklin,
North Carolina. Specifically, the site is directly west of Rose Creek Road. The center of the site is at approximately
35.2618 W,-83.4478 N in the Alakra USGS Quadrangle. The site is comprised of streams that are all cool water streams:
UT to the Little Tennessee River (Haunted Creek) and three other contributing tributaries. The location of the project is
shown in Figure 1 and the USGS quadrangle is shown in Figure 2.
Watershed Description
The Site is within the 06010202 Watershed Cataloging Hydrologic Unit (8-digit HU) of the Little Tennessee River Basin
and the 14-digit HU 06010202040040. In the North Carolina Division of Mitigation Service's (NCDMS) most recent
publication of Targeted Resource Areas (Figure 3), this catchment has not been identified as having uplift potential for
habitat, water quality, and hydrology improvements, but the site is located in the Franklin to Fontana LWP. The nearest
named downstream water body is the Little Tennessee River, which is approximately 150 feet downstream of the end of
the site. The section of the Little Tennessee River downstream of the site is identified as DWQ 2-(26.5) and is classified
for surface water as Class B. This reach of the Little Tennessee River was not listed as impaired under the 2018 303(d)
list. There is a portion of one other DMS mitigation project within this 14-digit HU. The HU contains the southern portion
of the Needmore Tract Site, located 2 miles northwest of the site.
Current Land Use/Land Cover
The project watershed for the Site is comprised of 0.11 square miles (68.7 acres). Current land use in the project watershed
(Figure 4) was derived from the 2019 orthoimagery and consists of pasture/farmland (19% / 13 ac), forest (80% / 55 ac),
and low -density development (1% / 0.7 ac). The current adjacent land use has a negative impact on the water quality of
the project streams. This is evidenced by livestock historically having direct access to all of the project reaches, agricultural
impacts from land clearing along parts of the stream where there is no riparian buffer, previous land clearing for forestry,
and the streams have been relocated and straightened. KCI's measurement of the total impervious area for the project
watershed is approximately less than 1%.
There are no conservation or protected areas adjacent to the project site, but the project will connect with the Little
Tennessee River 150 feet downstream end of the project (Figure 5). The existing forested buffer on the site itself (see
forested buffer metrics for the project streams in the table below) will be improved and restored.
Forested Buffer Width
Percent Impacted
Left Bank
less than 25'
72%
25'-50'
73%
Right Bank
less than 25'
62%
25'-50'
54%
FEMA Floodplain Issues
The Site is not located in a mapped FEMA flood zone. Hydrologic modeling will be performed as necessary to ensure that
no hydrologic trespass occurs on neighboring properties.
Airports
There is one airport within 5 miles of the project site. The Macon County Airport (1A5) is located 3.1 miles southeast of
the project.
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

Project Location:
Macon County, NC
.p A' '$
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0 0.25 0.5
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FIGURE 1. PROJECT SITE VICINITY MAP
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
%a
Data Source: ESRI
World Street Map

0
Project Easement (9.73 ac)
Project Watershed (68.7 ac / 0.11 sqmi)
14 Digit HUC Boundary
0 500 1,000
Feet
FIGURE 2. USGS TOPOGRAPHIC MAP
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
Source: USGS National Map,
AAlarka
Quadrangle

w,,,
•• i y. „... '- -0.4 ..t.,;.e.....I
4,-, ...,..,.. i.d
4i, . ir
f'--
• - \•4 '.•
•
• ;
Project Easement
Project Watershed (68.7 ac / 0.11 sqmi)
Project TRA Catchment
14 Digit HUC Boundary
FIGURE 3. WATERSHED PLANNING CONTEXTUAL MAP
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
'
r
N
ASource: NC Statewide
Orthoimagery, 2019.

�--1Project Easement
Project Watershed (887ao/O.11xqmi)
Disturbed/Agriculture/Pasture (1O%)
Fomxt(8O%)
Low Density Development (1%)
FIGURE 4.PROJECT WATERSHED LAND USE
HAUNTED CREEK RESTORATION SITE
MACONCOUNTY, NC
Image Source: NC Statewide
Land Cover from Imagery.

f`1
\
\ \\,'"
r
> '4140
•
NC DMS Needrnore.TractSite
•
v" .f LTN/Litt
Nantahala National
XBurningtown
Bald/Ciiff'Ridge
Project Easement
Project Watershed (68.7 ac / 0.11 sqmi)
MaconCounty_Airports
Significant Natural Heritage Areas
Managed Areas
DMS Conservation Easements
I-, 14-digit HUC Boundaries
0
0.5
1
Miles
FIGURE 5. MAP OF ADJACENT AND
PROXIMAL PLANNING ELEMENTS
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
LTN/Little Tennessee
x (Lower),Aquatic
07� yri�
Conservation Trust Preserve
v �•���
NA
Sources: NC Statewide
Orthoimagery, 2019.

PROPOSAL MN
Cultural Resources
There are eight cultural resource located within one mile of the project. The MA0070 (Rose Creek School) is located 1
mile southeast of the project. The MA0071 (Furman Welch Farm) is located 0.5 mile east of the project. The MA0076
(McCoy House) is located 1 mile north of the project. The MA0079 (Rose Creek Church) is located 0.9 mile southeast of
the project. The MA0337 (Minnie Guy House) is located 0.7 mile northeast of the project. The MA0478 (Little Tennessee
River Truss Bridge #172 (McCoy Bridge)) is located 0.8 mile northeast of the project. The MA0500 (Norman & Ella A.
Houston Farm) is located 0.9 mile south of the project. The MA0501 (Dwight Parrish House) is located 0.3 mile north of
the project. The project is not expected to have any effect on these resources.
Assessment of Historic Aerials
The Site has undergone significant modifications that have altered the site hydrology and vegetation. Historic aerials were
examined for any information about how the site has changed over recent history. The reviewed aerials are included in
Appendix A. Historic aerials were obtained from the USGS EarthExplorer and NCOneMap for 1969, 1975, 1993, 1998,
2010, 2015 and 2019.
This evidence shows that the site has been systematically impacted by agriculture for over 52 years. The primary impacts
to the system were associated with utilizing the resources in support of agricultural, forestry, and livestock production. In
the earliest aerial photo from 1969, the site had already been cleared along T1, T2, and T3, and the houses and roads on
the property had been constructed. Between 1975 and 1993, the mountainside along the tributaries had been terraced with
logging roads. Between 1993 and 1998, the terraced areas had begun regrow. There has been little change within the
project area between 1998 and the most recent aerial photo.
Site Constraints
There are minimal site constraints for this project. There are no areas with less than 30' of buffer, with all of the project
streams having at least 50' of buffer, even at the upstream limits. There are existing farm buildings onsite, but all of these
buildings will be removed as this project moves forward. The entire project will be a Priority I approach other than the
transition to the NCDOT culvert at the bottom of the project, which will be a short length of Priority II. There are only
two stream crossings on the project, and both will be culverts. The stream crossing on Haunted Creek has a slight bend in
it through the easement to follow the pattern of an existing farm road. These crossings are replacements for failing
crossings and the total number of crossings will be less than have historically existed on the project streams. There are no
utility easements or bedrock constraints on this site.
Protected Species Issues
There are thirteen federally protected species listed for Macon County — Bog turtle (Glyptemys muhlenbergii), Gray bat
(Myotis grisescens), Indiana bat (Myotis sodalist), Northern long-eared bat (Myotis septentrionalis), Spotfin chub
(Erimonax monachus), Appalachian elktoe (Alasmidonta raveneliana), Little -wing pearlymussel (Pegias fabula), Rusty -
patched bumblebee (Bombus affinis), Mountain sweet pitcherplant (Sarracenia rubra ssp. jonesii), Small whorled pogonia
(Isotria medeoloides), Swamp pink (Helonias bullata), Virginia spiraea (Spiraea virginiana), and Rock gnome lichen
(Gymnoderma lineare).
The maximum elevation of the project site is 2,200 feet, and habitat for rock gnome lichen is fount at elevations above
5,000 feet. The site has no potential habitat for bog turtle, mountain sweet pitcherplant or swamp pink, as it does not
contain wetlands. Virginia spirea and Spotfin chub habitat consists of larger, higher quality streams than what is found at
the site. The project is located in historic habitat for the rusty -patched bumblebee, and the site has potential habitat for the
species including prairies, woodlands, and residential areas. There are no known bat hibernacula within one mile of the
project. Small whorled pogonia habitat exists in the project area in the project area in the rhododendron areas around
Haunted Creek. Little wing pearlymussel habitat potentially exists in the streams within the project area. Additionally,
the NC Natural Heritage Program records show known populations Appalachian elktoe, Spotfin chub, and Virginia spiraea
in the Little Tennessee River downstream of the project.
Geology and Soils
The site lies within the Southern Crystalline Ridges and Mountains (Level IV 66d) ecoregion of the Ozark/Ouachita-
Appalachian Forests physiographic province. This region greater relief and higher elevations (850-3500 feet). Streams
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

PROPOSAL • ■
tend to have higher gradients than in the Inner Piedmont regions, and contain many mountain -type macroinvertebrate
species.
According to the NRCS Web Soil Survey (Figure 8), most of the area around the project streams consist of Saunook
gravelly loam (SbE), Dillsboro loam (DsC), and Evard-Cowee complex (EvE and EvF) soils. Saunook soils are non-
hydric, well drained soils found on drainageways on mountain slopes. Dillsboro soils are non-hydric, well drained soils
located stream terraces. The area is a terrace of the Little Tennessee River. Evard-Cowee soils are non-hydric, well drained
soils found on n mountain side slopes.
Existing Conditions
The project has experienced significant landscape and vegetative modifications to allow for agriculture, livestock, and
timber harvesting. The existing site conditions are shown in Figures 6 through 10 and seen in site photographs in Appendix
B. NC DWR stream forms for the project streams are included in Appendix D.
There are four different streams located on the site, all are cool water thermal regime and all drain to Haunted Creek,
which is one of those project streams. Although these features have small drainage areas, a combination of perennial
springs and seeps provide steady hydrologic sources for these streams. The existing stream conditions and the functional
stressors present are described in the summary and table below.
The dominant impacts at the Haunted Creek site are past cattle impacts and sedimentation from clearing and timber
harvesting. The timber harvesting impacts are clearly seen from the many logging roads that have been cut into the hillside
above this stream system. While not evident in aerials, these roads can clearly be seen in Figures 6 and 7. This timber
harvesting and road building caused many of these stream systems to completely fill in with sediment. Many reaches have
sections of stream where this sediment has filled in the old channels and the flow now passes through the sediment
interstitially before coming to the surface again. More detail about these functional stressors is described in the table
below.
Project Existing Conditions
Feature
Functional Stressors Affected
Haunted
Creek
-Begins at the southwestern corner of the site where seepage from the
surrounding valley forms a channel with bed and banks and flows northeast.
-Channel is a steep, stable mountain stream with a thick understory of
rhododendron (Rhododendron maximum) and doghobble (Leucothoe
fontanesiana).
-Cobble dominated bed has maintained a stable profile throughout history of
agricultural impacts for most of the channel length.
-Emerges from forest to a cleared and formerly grazed pasture with a single line
of small trees along the banks, but otherwise a cleared buffer.
-This section of stream lacks woody debris in the channel.
-There is a headcut and then the confluence with T1, after which the stream
channel is more incised and impacted from previous agricultural activities and
cattle grazing. Channel has poor bedform.
-There is another headcut and then the project reach ends shortly after
confluence with T2 and flows through a culvert under Rose Creek Rd. directly
to the Little Tennessee River.
-Water quality — Non-functioning
riparian buffer/wetland vegetation
-Habitat — Habitat Fragmentation,
Absence of Large Woody Debris,
Limited Bedform Diversity
T1
-Begins at a pipe that comes from a spring and additional hydrology comes from
surrounding valley seepage.
-Begins as a channelized/ditched stream that is incised and entrenched.
-From the beginning of the stream, the entire bed is embedded with sand.
-There is a ditch draining an ephemeral seep coming in from the north midway
down the channel.
-There is a failed culvert just upstream of the confluence with Haunted Creek.
As the stream flows to this culvert, the entire stream valley has filled with
-Water quality — Sediment, Non-
functioning riparian buffer/wetland
vegetation
-Hydrology — Ditching/Draining
-Habitat — Habitat Fragmentation,
Limited Bedform Diversity, Absence
of Large Woody Debris
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

PROPOSAL • ■
accumulated sand from upstream disturbance (likely historic timber harvesting).
This has choked out any coarse material in the bed and filled the channel so
that it lacks natural banks and bedform diversity.
-The lower portion of this stream has been completely filled with sediment.
-Ends at confluence with Haunted Creek.
T2
-The stream begins where flow accumulates from surrounding valley seepage.
-The first reach flows in a narrow valley with a poor quality riparian buffer and
-Water quality — Nutrients, Sediment,
Non-functioning riparian
then comes to a steep slightly wider part of the valley where there are multiple
buffer/wetland vegetation
headcuts.
-Hydrology — Artificial Barriers
-Just after the headcuts is an old dumping area where all kinds of agricultural
trash has been dumped into the stream valley. At this point the riparian buffer
-Habitat — Habitat Fragmentation,
Limited Bedform Diversity, Absence
has also been cleared for past livestock grazing.
of Large Woody Debris
-Past the dumping area, the stream is dominated by fine sediment and has brief
periods where the flow goes underground.
-There is then a long segment of channel that is flowing underground and can
be heard from the surface. This sediment has come in from the past timber
harvesting and road building immediately upstream of this tributary.
-Before the confluence with T3, it appears that T2 flows into a pipe, but the pipe
has been buried and there is no clear outlet at the confluence. The outlet may
be buried under more agricultural trash and sediment.
-After the confluence with T3, T2 flows down immediately next to old barns, in
many areas varying between reaches without defined bed and banks and then
steep narrow stream incised channels, that were likely mechanically
channelized. These sections are usually divided by large headcuts.
-This pattern of morphology continues to the confluence with Haunted Creek at
the bottom of the site.
-The last approximately 700 If of channel flows immediately adjacent to an
active hay field to the north.
T3
-Begins at a seep/spring in a steep confined stream valley.
-Water quality — Sediment, Non-
-Similar to T2, the stream flows through large sediment wedges, where it
functioning riparian buffer/wetland
frequently flows under and through the sediment to come out at a large headcut
vegetation
and then flow to and eventually through another sediment wedge.
-Hydrology — Artificial Barriers
-This pattern of existing morphology continues to the confluence with T2.
-Before the confluence T3 flows through a failing culvert.
-Habitat — Habitat Fragmentation,
Limited Bedform Diversity, Absence
of Large Woody Debris
Pro'ect Stream Watershed Sizes
Watershed Size
ac
Haunted Creek 31
T1 7
T2 24
T3 7
Project Stream
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

FIGURE 6. EXISTING SITE TOPOGRAPHY
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
N
ASource: Contours derived from
NC Lidar Bare
Earth Data.

0
150
300
Feet
FIGURE 7. LIDAR MAP
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
N
ASource: Contours derived from
NC Lidar Bare
Earth Data.

Project Easement (9.73 ac)
NRCS Soils
0
150
300
Feet
Soils Key:
BeA- Biltmore sandy loam
BkC2 - Braddock clay loam
DsB, DsC - Dillsboro loam
EvD, EvE, EvF - Evard-Cowee complex
RsA- Rosman fine sandy laom
SbE - Saunook gravelly loam
SoE - Soco-Stecoah complex
GeB, GeC - Georgeville loam
HrB, HrC - Herndon loam
IrB - Iredell gravely loam
LgB - Lignum loam
FIGURE 8. NRCS SOIL SURVEY
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
NA
Source: NRCS Soil Survey,
Macon County;
NC Statewide
Orthoimagery, 2019.

Attribute
Agriculture Impacts
Percent Impacted
0 100 200
Feet
-,- • •
FIGURE 9. SITE FLOODPLAIN ALTERATIONS
AND WATER QUALITY STRESSORS
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
NA
Project Easement (9.73 ac)
Intermittent Streams
Perennial Streams
Ditch
Barn
Culvert
Ford Crossing
Subsurface Flow
Headcuts
Sources: NC Statewide
Orthoimagery, 2019.

Attribute
Erosion -Active Scour
Low
Moderate
Severe
None
Bank Height Ratio
Lower than 1.5
Greater than 1.5
Percent Impacted
30%
17%
23%
30%
40%
60%
FIGURE 10. CHANNEL STABILITY MAPPING
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
Project Easement (9.73 ac)
Bank Height
Higher than 1.5
Less than 1.5
Bank Erosion
Severe
Moderate
Low
None
NA
Sources: NC Statewide
Orthoimagery, 2019.

PROPOSAL • ■
3.OPROJECT DEVELOPMENT
The Site offers DMS one option. This project will generate 2,568 Stream Mitigation Credits (SMCs) in cool water thermal
regime streams. The stream credit will be generated through a combination of Restoration, Enhancement II, and
Preservation practices. All project streams will have buffers of at least 50'. Additionally, an additional hydrologic feature
that flows to T2 will be included in the easement for no additional credit. These practices are further described below.
Mitigation Practice
Uplift Actions
Stream Restoration
-Restoring the profile, dimension, and planform of project streams.
-Reconnecting streams to their relic floodplains.
-Reduction and management of invasive vegetation.
-Establishment of a native riparian buffer.
-Extra wide buffer of at least 50' on all restored streams.
Stream
Enhancement II
-Planting a native riparian buffer of trees and shrubs.
-Adding bedform diversity with instream structures.
-Extra wide buffer of at least 50' on all enhanced streams.
Stream Preservation
-Preserving existing, high functioning mountain streams.
-Extra wide buffer of at least 50' on all preserved streams.
Two culverted crossings are planned for the site. The 15'-wide crossings will be in 60'-wide easement exceptions and
replace existing degraded or failed fords and culverts. This project offers the opportunity to restore, enhance, and preserve
headwater tributaries within this watershed. The project will provide significant functional uplift for this agricultural
watershed. Figure 11 illustrates the proposed mitigation at the site. All of the project streams will have buffers of at least
50'.
Reach Mitigation Activities
Functional Stressor Addressed
Haunted
Creek
Stream Restoration, Enhancement II, and Preservation
-Most of this stream is Preservation. The Preservation reach is a steep
mountain stream with a well -developed buffer.
-Haunted Creek transitions to Enhancement II where it flows into
former cattle pasture. While not highly unstable, this reach has no
riparian buffer and poor bedform diversity.
-The enhancement work will include planting this reach with a diverse
native riparian buffer and adding at least four in -stream structures to
break up the existing dominant riffle/run morphology of this reach and
add more complexity.
-After the T2 confluence this stream will be restored to the end of the
project. It will be restored with a new stable dimension, pattern, and
profile. This restoration will incorporate in -stream structures and dead
woody debris to promote bedform and habitat diversity.
-Water quality — Non-functioning riparian
buffer/wetland vegetation
-Habitat — Habitat Fragmentation,
Absence of Large Woody Debris, Limited
Bedform Diversity
T1
Stream Restoration
-Priority 1 Stream Restoration.
-Restore a stable stream with diverse riffle/pool morphology.
-The restoration will create a single thread channel through historic
sediment plugs that have buried the bedform.
-An existing failed piped crossing that is a barrier within this stream
will be removed.
-An existing ditch that drains an adjacent spring/seep will be filled to
raise the water table and create fringe riparian wetlands.
-Water quality — Sediment, Non-
functioning riparian buffer/wetland
vegetation
-Hydrology — Ditching/Draining
-Habitat — Habitat Fragmentation, Limited
Bedform Diversity, Absence of Large
Woody Debris
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

PROPOSAL • ■
T2
Stream Restoration and Enhancement II
-For the Enhancement II section of channel, invasives will be
-Water quality — Nutrients, Sediment,
Non-functioning riparian buffer/wetland
controlled, a native diverse buffer will be planted, and at least two in-
vegetation
stream structures will be installed to promote habitat complexity and
-Hydrology — Artificial Barriers
break up the existing riffle/run system.
-Habitat — Habitat Fragmentation, Limited
-Priority 1 Stream Restoration for the rest of this stream.
Bedform Diversity, Absence of Large
-Restore a stable stream with diverse riffle/pool morphology.
Woody Debris
-The restoration will create a single thread channel through historic
sediment plugs that have buried the bedform.
-Plant a native riparian buffer throughout the easement.
-Remove numerous failed culverted crossings and headcuts that have
created barriers in this stream.
-Continue restoration to the confluence with Haunted Creek.
T3
Stream Restoration
-Water quality — Sediment, Non-
-Priority 1 Stream Restoration for this stream.
functioning riparian buffer/wetland
-Restore a stable stream with diverse riffle/pool morphology.
vegetation
-The restoration will create a single thread channel through historic
-Hydrology — Artificial Barriers
sediment plugs that have buried the bedform.
-Habitat — Habitat Fragmentation, Limited
-Plant a native riparian buffer throughout the easement.
Bedform Diversity, Absence of Large
-Remove a failed culverted crossing and headcuts that have created
barriers in this stream.
Woody Debris
-Continue restoration to the confluence with T2.
Nutrient Reduction Model
To help estimate the reduction in nutrients that this project will produce we are using the DMS provided equations below
for estimating the nutrient reduction that will occur from the restored buffer being established adjacent to agricultural
fields.
TN reduction (lbs/yr) = 51.04 (lbs/ac/yr) x Area (ac)
TP reduction (lbs/yr) = 4.23 (lbs/ac/yr) x Area (ac)
Based on the 5.98 acres planted with native vegetation, and direct buffering of the runoff from adjacent agricultural fields,
this project will have a total nitrogen reduction effect of 453 lbs/yr and a total phosphorus reduction effect of 29 lbs/yr.
Functional Uplift
The functional lift associated with this restoration work is significant. The stressors to this system are primarily caused by
a combination of historic cattle impacts, large sediment deposition throughout the stream channels creating sediment
wedges throughout, anthropogenic disturbances, and poor riparian buffers. These are broken out by functional uplift
category below.
Water Quality
Non-functioning riparian buffer/wetland vegetation very high opportunity for uplift
o As evidenced by the aerial photos, other than the preservation reach, there are no functional riparian
buffers on the project streams. All of these buffers have been cleared from past land use such as logging
and intense cattle grazing. Additionally, this project has at least 50' of buffer on all project streams.
Sediment very high opportunity for uplift
o Historic sediment deposition in the stream valleys has caused significant problems for these streams.
Restoring these streams will reconnect single thread channels through sediment plugs and large headcuts
and prevent this sediment from continuing to erode down to the Little Tennessee River.
Nutrients — Moderate opportunity for uplift
o As evidenced by the calculations above, this site will reduce nutrient pollution to the project streams from
adjacent agricultural fields.
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

PROPOSAL M■
Hydrology
- Peak Flows — Low opportunity for uplift
o By restoring a natural meandering pattern to the project streams, eliminating the incision and
channelization of the project streams peak flows will be slowed within this headwater system.
o Also, the removal of a ditched spring/seep directly draining to T2, removes a direct source of concentrated
drainage, further slowing peak flows.
o The project will also remove all of the existing buildings onsite. This includes a house, two barns, and
additional smaller out -buildings. This will remove all of the impervious surfaces on this site.
Artificial Barriers — high opportunity for uplift
o The historic sediment plugs that have filled the stream valleys have created barriers throughout the project
streams to be restored. In many places the stream form is completely gone and the flow pipes underground
through the sediment only to come out at a large headcut that also acts as a barrier in these systems.
o Another set of barriers are the failed piped crossings on the site. Some of these crossings have been
clogged with sediment and it is difficult to find an outlet to the pipes.
o All of these barriers will be removed as a single thread channel is restored to these systems.
Ditching/Draining — low opportunity for uplift
o In this setting, the incision of the streams has produced a drainage effect across the site. The Priority I
stream restoration approach will remedy this and help raise the groundwater table and likely creating
uncredited fringe wetlands.
o Additionally, there is a ditched spring/seep leading directly to T2 that will be filled.
Habitat
- Habitat Fragmentation — high opportunity for uplift
o This site will create corridors from the existing upstream forested slopes through this restored stream
system and directly to the Little Tennessee River.
o Additionally, removing the multiple sediment plugs, large headcuts, and failed culverts will create
connectivity through this stream system.
Limited Bedform Diversity — very high opportunity for uplift
o The streams to be restored are in very poor condition. Some of the channels have been covered by
sediment and almost all of the stream beds are dominated by fine sands that have embedded what should
be coarse cobble bed features. The project will restore bed features that are stable, coarse, variable, and
self-sustaining.
Absence of Large Woody Debris — very high opportunity for uplift
o Since there are limited pools in this system, there is limited submerged woody debris. The trees that are
along the stream currently provide some wood to the channel, but because it is so narrow and incised,
most of this wood takes the form of bridges and does not become a part of the stream itself. The restored
channel will have multiple instream structures made with woody debris.
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

PROPOSAL MAI
Riparian Vegetation
Evaluation of community types in the area indicates that the proposed stream buffers will be generally consistent in species
types throughout the buffer, but there will likely be some transition of species throughout the site. Plantings of 968 stems
per acre (9 feet x 5 feet spacing) will be installed to achieve a mature survivability of two hundred ten (210) stems per
acre after seven years. Woody vegetation planting will be conducted during dormancy.
Tree species to potentially be planted may include:
Common Name
Scientific Name
Wetland Status
(Eastern Mountains
and Piedmont)
American Sycamore
Platanus occidentalis
FACW
Black Gum
Nyssa sylvatica
FAC
Chestnut Oak
Quercus montana
UPL
Southern Red Oak
Quercus falcata
FACU
Sugarberry
Celtis laevigata
FACW
Tulip Poplar
Liriodendron tulipifera
FACU
Yellow Birch
Betula alleghaniensis
FAC
Shrub species to potentially be planted may include:
Common Name
Scientific Name
Wetland Status
(Eastern Mountains
and Piedmont)
Buttonbush
Cephalanthus occidentalis
OBL
Silky Dogwood
Cornus amomum
FACW
Spicebush
Lindera benzoin
FAC
Tag Alder
Alnus serrulata
FACW
On the restored stream banks, live stakes will be used to provide natural stabilization. Appropriate species identified for
live staking include:
Silky Dogwood
Black Willow
Cornus amomum
Salix nigra
Silky Willow Salix sericea
Common Elderberry Sambucus canadensis
A custom herbaceous seed mix composed of appropriate native species found in reference communities will also be
developed and used to further stabilize and restore the site.
Easement Boundary Marking
The site will be marked and surveyed as per DMS's requirements contained within http://portal.ncdenr.org/web/eep/fd-
forms-templates.
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

Easement (9.73 ac)
Stream Enhancement II (427 If / 142 SMC)
Stream Preservation (938 If / 125 SMC)
Stream Restoration (2,162 If / 2,162 SMC)
Note: Increased Buffer Widths will yield an additional 139 SMC
FIGURE 11. PROPOSED MITIGATION
TYPE AND EXTENT
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
NA
Sources: NC Statewide
Orthoimagery 2019.

PROPOSAL MI
4.OPROPOSED MITIGATION
The streams that make up the project offer substantial opportunity for restoring a stable, buffered, cool water thermal
regime stream system. The following descriptions of mitigation type and extent are based on the Stream Mitigation
Guidelines, April 2003 US Army Corps of Engineers Wilmington District, United States Environmental Protection Agency,
North Carolina Wildlife Resources Commission and North Carolina Division of Water Quality. All stream credits are for
cool thermal regime streams.
Haunted Creek Restoration
Site
ati• d'
Stream Restoration
2,162
1:1
2,162
Stream Enhancement 11
427
3:1
142
Stream Preservation
938
7.5:1
125
Credits from Additional Buffer Width
N/A
N/A
139
TOTAL SMCs 3,527
=
2,568
5.000RRENT OWNERSHIP AND LONG TERM PROTECTION
The proposed restoration project is located on properties owned by:
Melcar LLC
3001 Alamo Dr.
Orlando, FL 32805
PIN — 6577293297
The Offeror holds an executed option to purchase easement restrictions on the land necessary to undertake the project and
this option has been recorded with the Register of Deeds in Macon County (Appendix C).
Conveyance of a perpetual conservation easement to the State of North Carolina is the method that will be used to provide
long term protection to the mitigation site.
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

PROPOSAL M■
6.0 PROJECT PHASING
The project schedule assumes a notice to proceed on or before September 1, 2021. Adjustments to the schedule will be
required if the construction/planting window (11/2023 — 3/2024) is missed due to a delayed Notice to Proceed.
Environmental Screening/Public Meeting
Record Easement
Mitigation Plan
Permits Acquisition and Earthwork
Planting and Monitoring Device Installation
As -Built Drawings and Baseline Monitoring Report
Monitoring Report #1
Monitoring Report #2
Monitoring Report #3
Monitoring Report #4
Monitoring Report #5
Monitoring Report #6
Monitoring Report #7
7.0 SUCCESS CRITERIA
Completion Period (Following NTP)
2 months
12 months
12 months
18 months
21 months
24 months
30 months
42 months
54 months
66 months
78 months
90 months
102 months (8.5 years)
Monitoring will consist of the collection and analysis of data to support the evaluation of the project in meeting established
restoration objectives. Specifically, project success will be assessed utilizing vegetation survivability, stream hydrologic
monitoring, stream stability, and visual inspection following the monitoring guidelines and success criteria described in
the DMS monitoring guidelines current at the time of this proposal submittal.
Duration
Monitoring will be conducted for a period of seven years following project implementation. The first scheduled monitoring
event will be conducted during the first full growing season following project completion and at least six months after the
completion of the as -built survey.
Reporting
The monitoring report format will follow the DMS monitoring report template available at the time of this proposal
submittal.
Photograph Reference Points
Photograph reference points (PRPs) will be established to assist in characterizing the site and to allow qualitative
evaluation of the site conditions. The location of each photo point will be marked in the monitoring plan and the
bearing/orientation of the photograph will be documented.
Stream Vegetation Monitoring
The survivability of the vegetation plantings will be evaluated using a sufficient number of vegetative sampling plots
randomly placed throughout the restored stream buffer. Plots must achieve a stem density of 260 stems/acre after five
years and 210 stems/acre after seven years. A photograph will be taken of each monitoring plot, allowing yearly qualitative
comparison of vegetation conditions.
Stream Monitoring
The purpose of monitoring is to evaluate the stability of the restored stream. The monitoring for the restored streams will
comply with guidance included in the DMS monitoring guidelines current at the time of this proposal submittal.
*A score sheet taken from the RFP has been filled out based on KCI' s understanding of the site. This sheet is included in
Appendix E.
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

PROPOSAL •E
8.0 QUALITY ASSURANCE AND QUALITY CONTROL
KCI, as part of its strategic plan, has achieved ISO 9001: 2015 certifications companywide.
Our primary quality objectives are to:
• Satisfy client expectations through designs and professional services that conform to client specifications;
• Continually review company performance by analyzing objective data regarding both our processes and
deliverables; and
• Use this objective data to identify and drive opportunities to continuously improve the Quality Management
System (QMS).
ISO is a QMS standard requiring that company activities be modeled as a system of inter -related processes, which will be
continually audited to objectively measure performance and improve outcomes. A key component of the ISO standard
that differentiates it from other systems is the mandatory continual auditing and improvement requirement.
As part of our quality management system, KCI has developed its own internal audit program to measure the performance
of the processes, which define our quality management system. Select employees within the firm have been trained as ISO
Internal Auditors to audit our internal systems throughout the organization. Results of the audits are evaluated for the root
cause of non -conformities to quality objectives and presented to senior management to develop and implement
improvements to our processes to ensure desired results.
In order to obtain and maintain ISO certification, third party auditors from an independent registrar firm audit KCI's QMS
on a regular basis. The audit consists of three basic questions: 1) is our quality management system in conformance with
the ISO standard, 2) are we following the requirements of our QMS and 3) are we continually improving our QMS to
achieve higher quality objectives. To better understand the ISO auditing and certification process, KCI has trained
employees as third party/lead auditors who have a thorough understanding of the ISO. 9001:2015 QMS standard, QMS
evaluation, and process auditing. The International Register of Certificated Auditors (IRCA) recognizes this training.
Quality control procedures for the work performed in each of KCI's technical disciplines are defined in each discipline's
quality control manual. These procedures, developed by the technical staff, contain specific instructions on the preparation,
checking, review, and coordination of each work product produced by the discipline. Developing separate quality control
procedures for each technical discipline allows the procedures to be customized and rigorous for the work products
produced in that discipline. The purpose of these procedures is to eliminate potential errors, omissions, ambiguities, and
inconsistencies in the design and development of project documents. The manuals and their implementation constitute the
principal mechanism for technical quality control at KCI. Conformance to these procedures is ensured through KCI's
internal auditing process.
KCI's Corporate Quality Management Manual, in addition to stating corporate administrative requirements involving
issues such as file maintenance, professional licensing and document retention, describe the principles that form the
foundation of the firm's technical quality control procedures. Five simple principles are incorporated into the procedures
developed by the technical staff to track the accuracy and completeness of the work products they produce. The five basic
principles are:
1. Dissemination of Project Information: A Project Memorandum is prepared and posted on the network project files
so that the project team is aware of relevant project information.
2. Performance of Work by Qualified Personnel: Work is performed by qualified personnel based on education and
experience in the technical discipline required. It is a violation of company policy for personnel to participate in
design or checking of work outside their area of expertise.
3. Detailed Check for Technical Accuracy: Work is thoroughly checked for technical accuracy by a person qualified
to perform the work as described in Number 2 above.
4. Independent Quality Review: Senior personnel review work clarity, understandability, and constructability
prior to submittal.
5. Documentation: Personal signatures accompany documents and checklists attesting that quality control
procedures were appropriately incorporated into the work product.
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

PROPOSAL Mu
Job Specific Quality Control Procedures
For complex assignments, KCI will prepare a project -specific Quality Assurance (QA) Plan to demonstrate that major
project deliverables conform to accepted design practices and comply with the client's design standards. The QA Plan will
contain procedures that will be used to take care that a quality planning and/or design and construction product is provided
and will list documentation to be submitted to verify the procedures have been followed. Sample checklists, or similar
documentation, will be used to indicate that a quality review has been performed will be prepared. If KCI's client requires
preparation of a project specific QA Plan for a specific task, it will be submitted for approval.
QA/QC Responsibility
Primary responsibility for planning, executing, coordinating, and reviewing the planning and design work performed under
this contract will be KCI's QA/QC Administrator and Project Manager. It will be their responsibility to check that technical
disciplines comply with their respective quality control procedures. Documentation of compliance with quality control
procedures is included in this responsibility.
Quality Assurance Reviews
KCI's senior management takes an active role in the Quality Management Program. In addition to routinely completing
independent Quality Assurance Reviews, senior managers also perform annual Quality Assurance Reviews (QAR) for
each technical division and branch office to assess the implementation of the provisions contained in the Quality
Management Program Manual and specific procedures developed by each discipline. The effectiveness of these quality
control procedures is continually evaluated through these reviews and by soliciting feedback from staff and clients. The
policies and procedures are modified and augmented, as necessary, to provide the quality services to which KCI is
committed.
KCI' s specific construction administration and management capabilities for DMS full delivery projects include the
following:
Construction Administration and Management Capabilities
KCI maintains a well -trained and experienced construction administration, inspection and management staff with direct
experience on DMS projects. KCI's experience is exemplified in the successful completion of design -bid -build and full
delivery projects in various physiographic regions throughout North Carolina. We thoroughly cross train our design staff
on construction projects of our own. The employees working in the field conducting construction oversight are trained in
construction techniques refined through multiple full delivery projects and similar projects where KCI utilizes our own
equipment and staff to complete stormwater, stream, and wetland projects. The direct experience is beneficial for
communicating with contractors and understanding the capabilities of equipment during construction.
KCI has developed our own quality assurance and quality control procedures to ensure the site is properly inspected and
documented during construction. Inspection of the work includes the inspection of sediment and erosion control devices,
project materials, channel and structure grading, vegetation, staging and stockpile areas, and permitted conditions. KCI
maintains project logs supplemented by KCI-developed inspection forms to document all inspection items.
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitiaation Services

APPENDIX
A. I'iISTORICALAERIAL PHOTOSNORTH CAROLINA DIVISION OF
MITIGATION SERVICES
A.
AERIAL PHOTOS

1993
0
250
500
Feet
1975
FIGURE Al. HISTORIC AERIAL PHOTOGRAPHS
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
A
Image Source:
USGS Earth Explorer
NC OneMap

0 250 500
Feet
FIGURE A2. HISTORIC AERIAL PHOTOGRAPHS
HAUNTED CREEK RESTORATION SITE
MACON COUNTY, NC
NA
Image Source:
NC OneMap

NORTH CAROLINA DIVISION OF
MITIGATION SERVICES
APPENDIX B. SITE
PHOTOGRAPHS

APPENDIX B �■I
HAUNTED CREEK RESTORATION SITE PHOTO LOG
Photo 1: Haunted Creek Preservation area, looking
upstream.
Photo 3: T1 looking upstream.
Photo 5: T2 trash dumping area.
Photo 2: Haunted Creek Enhancement area looking
downstream.
Photo 4 Top of T1 looking downstream.
Photo 6: T2 downstream of T3 confluence looking
upstream.
- .
K C I
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

APPENDIX B MI
Photo 7: T2 flowing through old barn.
Photo 9: T2 at downstream end of project looking
downstream.
Photo 11: T3 looking downstream.
Photo 8: T2 along fence line, looking downstream.
Photo 10: Top of T3 looking upstream.
Photo 12: T3 headcut looking upstream.
KCI
STREAM MITIGATION FULL DELIVERY PROJECTS
North Carolina Department of Environmental Quality, Division of Mitigation Services

APPENDIX
C. EXECUTEDOPTIONSNORTH CAROLINA DIVISION OF
MITIGATION SERVICES
C. EXECUTEDOPTIONS

Book S-40 Page 2177
BK: CRP S-40
PG: 2177 - 2178
RECORDED:
03/18/2021
01:47:02 PM
DEPUTY
BY: AMANDA COWART
Memorandum of Contract to Purchase Real Estate
2021002585
MACON COUNTY, NC
TODD RABY
REGISTER OF DEEDS
Prepared by / return to: Jean Cheveallier, KCI Environmental Technologies and Construction Inc., 4505 Falls of Ncuse
Road, Suite 400 Raleigh, NC 27609.
Re: Parcel ID Number: 6577293297, Tax ID 1141983
Melcar LLC (collectively and severally, "Seller"), whose address is 3001 Alamo Drive Orlando, FL 32805
and KCI Environmental Technologies and Construction, Inc. a Delaware corporation ("Purchaser"), whose
address is 4505 Fails ofNeuse Road, Suite 400 Raleigh, NC 27609, have entered into a contract to sale and purchase
easement restrictions on the following property located in Macon County, North Carolina: PIN: 6577293297. This
Memorandum of Contract will terminate 18 months from the date of this Memorandum and is recorded at the Register
of Deeds in Macon County, North Carolina.
Witness our hands and seals this 16 day of March , 2021.
L
leaar LL
ary Catherine Maher, Manager)
STATE OF t O (
COUNTY OF 0,,; ts vtc) e
1, the undersigned, a Notary Public of the County and State aforesaid, do hereby certify that Mary Catherine Maher
person' ly appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness
my ha and official seal this the }0Vday of {\jk t,. C� , 2021.
ri namic< . et' U1tlC J , Notary Public (Official Seal)
My commission expires:
�3 `,c �`'� ``\,`��555llklEll]llllry11r!/
My Comm. Expires
June 7. 2024
Comm. # FF 999694
)-5, PUBL\G �I
\
,,/41„ 0II
F FB°,°0•
NC FEE $26.00
submitted electronically by "KCI Technologies"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Macon County Register of Deeds.

D. STREAMWETLAND FORMSNORTH CAROLINA DIVISION OF
MITIGATION SERVICES
D. STREAMNETLAND FORMS
APPENDIX
AND

NC DWQ Stream Identification Form Version 4.11
Date: `3 f
Evaluator: `• . ` •
.xut'
Total Points:
Stream is at least intermittent
if z 19 or perennial if Z 30*
A. Geomorphology (Subtotal =
5C)
1' Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
f
Project/Site: L9 "
County: A/t,_ C
Stream Determination (circle.one)
Ephemeral Intermittent' Perennial
Latitude: ga
Longitude:
Other
e.g. Quad Name:
`5c 3
Absent
0
Weak
1
Moderate
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
4. Particle size of stream substrate
5. Active/relict floodplain
0
0
0
1
1
1
(2,
(2
2
Strong
6. Depositional bars or benches
7. Recent alluvial deposits
8. Headcuts
9. Grade control
0
,0
0
0
I1�
1
5,17
2
2
2
2
10. Natural valley
0
0.5
11. Second or greater order channel
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = • }
12. Presence of Baseflow
13. Iron oxidizing bacteria
14. Leaf litter
0
( No=0
0
0.5
1
1
2
3
3
3
3
3
3
3
3
1.5
1.5
Yes =3
15. Sediment on plants or debris
16. Organic debris lines or piles
Q
1.5'
1
1
2
0.5
17. Soil -based evidence of high water table?
C. Biology (Subtotal =
18. Fibrous roots in streambed
19. Rooted upland plants in streambed
0
0
No = 0
0.5
0.5
1
1
Yes =3
3
0
1.5
1.5
2
1
20. Macrobenthos (note diversity and abundance)
21. Aquatic Mollusks
22: Fish
0
2
1
1
1
2)
2
23. Crayfish
0.5
1
24. Amphibians
25. Algae
0.5
0.5
1
1
26. Wetland plants in streambed
0
0.5
1
'perennial streams may also be identified using other methods. See p. 35 of manual.
_Notes: L S- ,n2 f- I /.L ;c- { .. 1 iVs -J j
FACW = 0.75; OBL = 1.5 Other = 0
0
0
3
3
1.5
1.5
1.5
1.5
Sketch:

I-L AW C.feeK
NC DWQ Stream Identification Form Version 4.11
Date: 3 i b
Evaluator: 3
Total Points:
Stream is at least intermittent
if Z 19 or perennial if a 30*
A. Geomorphology (Subtotal =
la_ Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
4. Particle size of stream substrate
5. Active/relict floodplain
Project/Site: eQ-K
County: AArArr
Stream Determination (circle one)
Ephemeral Intermitter Perennial
Latitude: 35.'a61;
Longitude:
Other
e.g. Quad Name:
4L
Absent
0
0
0
0
Weak
1
1
1
1
Moderate
2`:
(21
Strong
6. Depositional bars or benches
7. Recent alluvial deposits
8. Headcuts
9. Grade control
0
1
1
2
3
3
3
3
3
3
0
0
2
2
10. Natural valley
0
0.5
11. Second or greater order channel
0
0.5
a artificial ditches are not rated; see discus)ions in manual
B. Hydrology (Subtotal = , _ )
12. Presence of Baseflow
13. Iron oxidizing bacteria
14. Leaf litter
No=0._
0
1
2
Yes =3
3
3
1.5
1.5
15. Sediment on plants or debris
16. Organic debris lines or piles
1.5
1
1
2
0.5
0
17. Soil -based evidence of high water table?
C. Biology (Subtotal = .
18. Fibrous roots in streambed
19. Rooted upland plants in streambed
0
0
No=0
0:5
0.5
2
1
1
1
(Yes = 3 \
1.5
1.5
20. Macrobenthos (note diversity and abundance)
21. Aquatic Mollusks
22: Fish
4.2
0
(p)
2
1
1
1
2
23. Crayfish
(07
0.5
1
24. Amphibians
25. Algae
(p'
0.5
0.5
1
0
0
3
3
1.5
1.5
1
26. Wetland plants in streambed
0.5
1
`perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: C 4 ! . 7 vt,
J t
J
FACW = 0.75; OBL =1.5r-Other = 0
a 0 )
1.5
1.5
Sketch:

NC DWQ Stream Identification Form Version 4.11
Date:
Evaluator: 1-
Total Points:
Stream is at least intermittent
if a.19 or perennial if a 30•
vcri
ir1
Project/Site: \Ka_f ((ei
County: N,,,,,,
Stream Determinati ircle one)
Ephemeral Intermittent rennial
Latitude: as,
Longitude: " 4-i$t
Other
e.g. Quad Name:
A. Geomorphology (Subtotal =
18-Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
Absent
0
Weak
1
Moderate
Strong
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
4. Particle size of stream substrate
5. Active/relict floodplain
0
0
0
1
1
2
2
6. Depositional bars or benches
7. Recent alluvial deposits
8. Headcuts
9. Grade control
10. Natural valley
0
0
07)
1
2
2
11. Second or greater order channel
0
0
0
0
0.5
2
2
1
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = J
12. Presence of Baseflow
13. Iron oxidizing bacteria
14. Leaf litter
15. Sediment on plants or debris
16. Organic debris lines or piles
17. Soil -based evidence of high water table?
C. Biology (Subtotal =
18. Fibrous roots in streambed
19. Rooted upland plants in streambed
20. Macrobenthos (note diversity and abundance)
21. Aquatic Mollusks
22: Fish
No=O`)
0
5
0
No = 0
1
1
1
0.5
0.5
2
2
1`
1
2
2
0.5
1
1
1
1
2
2
Yes =3
(Yes =3
3
3
3
3
3
3
3
3
1.5
1.5
3
3
0
1.5
1.5
23. Crayfish
0.5
1
24. Amphibians
25. Algae
0.5
1
0.5
1
26. Wetland plants in streambed
0
0.5
`perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: M0:,;X
.1(
1r--
FACW = 0.75; OBL = 1.5 Other = 0
0
0
3
3
1.5
1.5
1.5
1.5
Sketch:

NC DWQ Stream Identification Form Version 4.11
Date:
Evaluator:
Total Points:
Stream is at least intermittent
if a 19 or perennial if a 30*
a
i
A. Geomorphology (Subtotal =_ ! U� )
1 a. Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
4. Particle size of stream substrate
5. Active/relict floodplain
6. Depositional bars or benches
7. Recent alluvial deposits
8. Headcuts
9. Grade control
Project/Site:
ki ?lied crreer
County: 1ti r1
Stream Determination. jcircle one)
EphemeriI Intermittent,Perennial
Latitude: `J 'Ll(
•
Longitude: - L
Other
e.g. Quad Name:
Absent
0
0
0
Weak
1
Moderate
(2)
2
2
Strong
3
3
3
0
C0
1
1
2
2
3
3
0
0
1
t1
2
2
2
10. Natural valley
0
0.5
1
11. Second or greater order channel
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal =
12. Presence of Baseflow
13. Iron oxidizing bacteria
14. Leaf litter
15. Sediment on plants or debris
16. Organic debris lines or piles
0
No=b
0.5
1
0
1
Yes =3
3
3
3
1.5
1.5
3
C6j
1.5
1
2
0.5
17. Soil -based evidence of high water table?
C. Biology (Subtotal =
0
No=0
1
1
Yes = 3-,
3
0
1.5
1.5
18. Fibrous roots in streambed
19. Rooted upland plants in streambed
)
2
1
20. Macrobenthos (note diversity and abundance)
21. Aquatic Mollusks
22: Fish
0
2
1
1
1
2
2
23. Crayfish
0`
0.5
1
24. Amphibians
25. Algae
0.5
1
0''
0.5
1
26. Wetland plants in streambed
0)
0.5
1
FACW = 0.75; OBL = 1.5 Other = 0
`perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
0
0
3
3
1.5
1.5
1.5
1.5
Sketch:

NC DWQ Stream Identification Form Version 4.11
Date: / 1
Evaluator: -
•
Total Points:
Stream is at least intermittent
if 2.19 or perennial if z 30*
A. Geomorphology (Subtotal = )
1a- Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
4. Particle size of stream substrate
5. Active/relict floodplain
Project/Site: }U Un-ic..i Cleg
County:
r ;411
Stream Deisrminatict circle one)
Ephemeral' Intermittent Terennial
Latitude: 3 � ()
Longitude: , 1.15
Other
e.g. Quad Name:
Absent
0
0
0
0
Weak
1
Moderate
2-)
2
2
2
_ Strong
6. Depositional bars or benches
7. Recent alluvial deposits
8. Headcuts
9. Grade control
(0 )
1
1
2
2
'0
0
1
2
2
10. Natural valley
11. Second or greater order channel
0
0
`b.5->
6:5
1
1
3
3
3
3
3
3
3
3
1.5
artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = i.-
12. Presence of Baseflow
13. Iron oxidizing bacteria
14. Leaf litter
15. Sediment on plants or debris
16. Organic debris lines or piles
(No =ar
0
1.5
1
1
1
LJ
2
0.5
Yes =3
3
3
0
17. Soil -based evidence of high water table?
C. Biolo
gY (
Subtotal =
18. Fibrous roots in streambed
19. Rooted upland plants in streambed
20. Macrobenthos (note diversity and abundance)
21. Aquatic Mollusks
22: Fish
0;
l 3?
0`
0.5
2
2
1
1
1
1
1
1
2
2
Yes = 3
1.5
1.5
0
0
3
3
23. Crayfish
0.5
1
24. Amphibians
25. Algae
0%
0
0.5
0.5
1
1
26. Wetland plants in streambed
0)
0.5
1
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
FACW = 0.75; OBL = 1.5 Other = 0`
1.5
1.5
1.5
1.5
Sketch:

NC DWQ Stream Identification Form Version 4.11
Date: " /
Evaluator.
l E\)°1'.
Total Points:
Stream is at least intermittent
if a 19 or perennial if a 30*
A. Geomorphology (Subtotal =
1 a- Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
4. Particle size of stream substrate
5. Active/relict floodplain
Project/Site:
U,
County:
Stream Determination (circleone)
Ephemeral Intermittent. Perennial
Latitude: a( p f_ ,
Longitude: -
Other
e.g. Quad Name:
Absent
0
0
0
0
Weak
1
1
1
Moderate
2
2
2;
Strong
3
3
3
3
6. Depositional bars or benches
7. Recent alluvial deposits
8. Headcuts
9. Grade control
1
2
0
t
2
3
3
0
0
2
2
10. Natural valley
11. Second or greater order channel
artificial ditches are not rated; seescussions in manual
B. Hydrology (Subtotal = .'� a
12. Presence of Baseflow
13. Iron oxidizing bacteria
14. Leaf litter
0
1
3
3
1.5
0
No=0
0
1
1
2
1.5
Yes = 3 �J
15. Sediment on plants or debris
16. Organic debris lines or piles
1
1
2
0.5
3
0
17. Soil -based evidence of high water table?
C. Biolo
gy
Subtotal =
18. Fibrous roots in streambed
19. Rooted upland plants in streambed
0
0
No = 0
0.5)
00..5
2
1
1
1
Yes
1.5
1.5
0
20. Macrobenthos (note diversity and abundance)
21. Aquatic Mollusks
22: Fish
0
2
1
1
1
(2-
2
23. Crayfish
0.5
1
24. Amphibians
25. Algae
-
0.5
1
0.5
1
26. Wetland plants in streambed
0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: - .�...� ,,
0.5
1
FACW = 0.75; OBL = 1.5 Other = 0-
0
3
3
1.5
1.5
1.5
1.5
Sketch:

APPENDIX
E. MOCKSCORE SHEETNORTH CAROLINA DIVISION OF
MITIGATION SERVICES
E. MOCKSCORE SHEET

Instructions:
1. Immediately save this with your new, desired filename.
2. Fill out all areas highlighted in yellow.
3. Place the letter "x" in appropriate box for multiple choice questions.
Technical Proposal Evaluation Criteria
8-digit CU Rating Form
Offeror:
Site Name:
River Basin
/ Catalog
Unit:
Little Tennessee 06010202, 06010203, 06010204
RFP
Number:
16 - 20200301
Date of Site
Evaluation:
Type/Amt of
Mitigation
Offered:
Proposal
Review
Committee:
Alternate
Attendees:

Section 1. Minimum Requirements
Yes/No
or N/A
1- For stream mitigation projects, does the Technical Proposal adequately document the historical presence of
stream(s) on the project site, provide the drainage areas (acres) and provide accurate, process -based
descriptionsof all project stream reaches and tributaries?
2- For proposals that include wetland mitigation, does the technical proposal adequately document the
presence of hydric soil indicators (including soil boring logs prepared by a Licensed Soil Scientist and a map
showing soil boring locations and mapped soil series)?
3- For proposals that include wetland mitigation, does the proposed success hydroperiod follow the IRT
Guidance for the project site and soil series? If the proposed hydroperiod differs from the IRT guidance,
justification must beprovided in the RFP.
4- Does the proposal adequately document the physical, chemical and/or biological impairments that
currently exist on the project site?
5- Does DMS agree with the overall mitigation approach (proposed levels of intervention) presented? [The
Technical Proposal must demonstrate that the proposed mitigation activities are appropriate for existing site
conditions and watershed characteristics (e.g., adjacent land use/land cover), and are optimized to yield
maximum functional gains.]
6- Does DMS agree with the proposed credit structure(s) described in the proposal?
7- Does the proposed project avoid significant adverse impacts to existing wetlands and/or streams?
8- Does the proposal adequately describe how the project will advance DMS watershed planning goals?
9- For any proposed Priority 2 restoration, is P2 justified and/or limited to "tie-ins"?
An answer of No in this section means the Technical Proposal is rejected. Continue or Reject?
REJECT

Section 2. Functional Uplift Evaluation
Functional
Category
Functional Stressor
Functional Uplift Potential
Planning Identified Stressor
Check boxes below to
identify stressors addressed
by proposal.
Complete this section
functional stressors
under the option
uplift potential for
pro'ect
for identified
ONLY.
Place an X
the
of the
Place an X below if stressor is
identified through watershed
planning - only count the MOST
LOCAL plan.
that best describes
the majority
area.
Low
Mod
High
Very High
TRA
RWP
LWP
Water Quality
Non-functioning
riparian buffer /
wetland vegetation
Sediment
Nutrients
Fecal Coliform
Other
C s0
O
O
-0
2
Peak Flows
Artificial Barriers
Ditching/Draining
Other
Habitat
Habitat Fragmentation
Limited Bedform
Diversity
Absence of Large
Woody Debris
Other
Functional and
Planning Subtotal
Total Count
2
1
2
4
Total
Count
0
0
5
Multiplier
x1
x3
x6
x10
x 2
x4
x6
Count x Function
Multiplier
2
3
12
40
Count x
Planning
Multiplier
0
0
30
Sum of Function A
Sum of
Planning
B

Adjusted Risk Factor
❑✓ Only Applicable if this Box is Checked
Total Restoration
and Enhancement
Feet
Restoration Feet
Feet
(T01 Restoraton and Enhancement FeetEnhancementRisk
Adjusted Score
a c
(Sum of Function X Factor )
Enhancement Feet
Restoration Feet
+( 2)
C
D
Risk Adjusted ScoreD+ PlanningB = Total Function and Planning
E
Section 3. General (place an X in the appropriate box)
1pt
3 pts
6 pts
10 pts
Physical constraints or barriers
Project Density
Total General
>5%
2-5%
<2
None
>10 >8 - 10 >4 - 8 </=4
1
3
0
0
Section 4. Final Score and Proposal Ratin
Total Function and
E
Total General
F
Final Score (E + F)
Proposal Rating (Final
Score x 0.01)
F

KCI
TECHNOLOGIES
4505 Falls of Neuse Road
Suite 400
Raleigh, NC 27609
www.KCI.com