N.J. Admin. Code § 7:14B-13.9 - Professional business practices
(a) An individual
and 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 a service required by this chapter, an individual or 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 the 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 not limited to, laboratory analyses, well
drilling, contaminated soil disposal, oil/water/sludge disposal, vacuum truck
services, property restoration, engineering services, etc.;
2. All receipts for rental equipment,
including, but not limited to, sampling equipment or instrumentation, heavy
equipment, etc.;
3. All receipts
for material purchases, including, but not limited to, clean fill material, top
soil, stone, etc.;
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.
Notes
See: 40 N.J.R. 2166(a), 40 N.J.R. 6440(a).
Former N.J.A.C. 7:14B-13.9, Denial, suspension, revocation and refusal to renew a certification, recodified to N.J.A.C. 7:14B-13.10.
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