Current through Register Vol. 56, No. 18, September 16, 2024
(a) An individual or
business firm certified pursuant to this subchapter shall:
1. Perform all services in accordance with all
applicable Federal, State and local rules and regulations;
2. Employ fair and reasonable pricing and business
practices in all of its dealings with clients and the Department;
3. Upon request, provide all prospective clients a
list of the standard price for services in accordance with (c) below that are
material to the work to be provided; and
4. Present a copy of the Department issued
certification card to all prospective clients upon request.
(b) When providing any service required by this
chapter, an individual and business firm certified pursuant to this subchapter shall
enter into a written contract with the client. The contract shall contain the
following provisions:
1. Clear and detailed
descriptions of the work activities to be performed;
2. Lists of all materials, equipment, tools and
other incidentals anticipated to be necessary for the execution of the proposed work
activities;
3. Lists of the number and
types of personnel anticipated to be necessary for the execution of the proposed
work activities;
4. The maximum contract
price that cannot be exceeded without written amendments to the contract;
5. Estimated time frames for the completion of the
work activities listed in the contract; and
6. A listing and description of all services in
the contract which exceed the requirements of applicable local, State or Federal
rules and regulations.
(c)
Upon request by the client, an individual or business firm certified pursuant to
this subchapter shall provide the client with a written standard price list of the
services that it provides as applicable:
1. The
categories of labor and the daily/hourly rates;
2. Daily and weekly rates for heavy equipment,
instrumentation, vehicles and any ancillary equipment that is separately
billed;
3. The price or the formula for
pricing variable costs such as subcontracted services, transport and disposal of
wastes;
4. A listing of all applicable
governmental fees and costs typically associated with the contracted service,
including, but not limited to, all application fees, local and State permit fees and
State inspection fees, and a statement that State oversight costs may also be
incurred; and
5. All ancillary
administrative costs typically incurred such as document reproduction costs, mailing
costs and phone calls.
(d)
For services being performed with financial assistance from the Petroleum
Underground Storage Tank Remediation, Upgrade and Closure Fund (the Fund), the
certified individual or business firm shall:
1.
Submit documentation to the Department at the address listed in
7:14B-2.2(b) of the
individual or business firm's cost for providing the services for which the Fund is
providing the financial assistance. The documentation shall include, but is not
limited to, documentation of the direct cost to provide the services, and all tiers
of subcontractors' costs such as materials, equipment rentals and services;
and
2. Cooperate in and help facilitate
an audit by the Department of the individual or business firm's pricing and business
practices conducted with industry standards and performed at the expense of the
Department by a certified public accounting firm under contract to the
Department.
(e) Upon request
by the Department, provide the Department with any and all information that will aid
in its review of loan and grant applications, investigation of complaints against
the certified individual or business firm, investigation of known or suspected
discharges of hazardous substances, and investigation of any known or suspected
violation of this subchapter. This information shall include, but shall not be
limited to, the following:
1. All direct
subcontractor invoices for services such as, but shall not be limited to, laboratory
analyses, well drilling, contaminated soil disposal, oil/water/sludge disposal,
vacuum truck services, property restoration, and engineering services;
2. All receipts for rental equipment, including,
but not limited to, sampling equipment or instrumentation, and heavy
equipment;
3. All receipts for material
purchases, including, clean fill material, top soil, and stone;
4. All receipts for miscellaneous costs necessary
to conduct remediation such as local police traffic control and local permits;
and
5. Documents associated with the
services provided for underground storage tank systems such as copies of field
notes, contracts, manifests, timesheets, and invoices.
