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HomeMy WebLinkAbout08-0266 CHANGE ORDER } New Hanover County DATE: ~$log Project Name: ANNUAL RATA TESTING • CHANGE ORDER NUMBER: 1 New Hanover C.,ount3 CONTRACTOR: ESS CONTRACT 08-0266 r, R T H C\ K O L i N A The Contractor is directed to make the following changes to this contract: Description: Due to an additional flow characterization test required by our new Title V permit, there was an increased charged of $2,300.00 in the 2009 RATA (Relative Accuracy Testing Audit). The RATA is on our air emmissions monitoring equipment. Total Cost: $2,300.00 Original Contract Sum: $33,750.00 Net Change by Previous Change Orders No. 00 to No. 00 0 The Contract Sum Prior to this Change Order Was: $33,750.00 The Contract Sum Will Be (Increased) By This Change Order: $2,300.00 The New Contract Sum Including This Change Order Will Be: $36,050.00 The Contract Time Will Be (Increased) By: 0 The Date of Substantial Completion Therefore Is: Dec. 18, 2010 Recommended: Accepted: Approved: Project Manager Contractor Owner New Hanover County Environmental Source Samplers, inc. New Hanover County Firm s , AUTH IZED SIGNATURE AUTH IZED SIGNATURE AUTHO~RIZ/ED SIGNATURE DATE DATE DATE This Space for County Use Only APPROVED AS FORM Budget Account 70080400-700000 V Balance Prior to this Change Order: $109,161.44 COUN ATTORNEY Amount of this Change Order: $2,300.00 THIS INSTRUMENT HAS BEEN PRE-AUDITED IN THE MANNER REQUIRED BY LOCAL Budget Account Balance: $106,861.44 GOVERNMENT AND FISCAL CONTROL ACT Change Order Percentage for this Contract 0.068148148 FINANCE DIRECTOR ORIGINAL . . New Hanover county contract # 08-0266 NORTH CAROLINA NEW HANOVER COUNTY AGREEMENT THIS CONTRACT, made and entered into this ;11]:: day of ~].k c.., , 2007, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and ENVIRONMENTAL SOURCE SAMPLERS, INC., a Limited Liability corporation, hereinafter referred to as "Contractor"; WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Scope of Services. Contractor shall furnish services for the performance of Protocol Development, Performing Relative Accuracy Tests (RATA) and Report Preparation of the New Hanover County Waste to Energy Conversion (WASTEC) facility located at. 3002 U.S. Highway 421, North, Wilmington, North Carolina in accordance to Exhibit "A", attached hereto and incorporated herein. 2. Time of Performance. Contractor shall be completed over a three year period, with the first event to take place in 2008 in accordance with the provisions of Exhibit "A". 3. Pavment. County hereby agrees to pay to the Contractor for the total cost of this contract, a sum not to exceed Thirty-Three Thousand Seven Hundred Fifty ($ 33.750.00) Dollars. Payment is contingent upon a final County inspection and acceptance of work. 4. Extra Work. County and Contractor shall negotiate and agree upon the value of any extra work prior to the issuance of a Change Order covering said extra work. Such Change Order shall set forth the corresponding adjustment, if any, to the Contract Price and Contract Time. 5. Indemnitv. Contractor shall indemnify and hold New Hanover County. its agents and employees, harmless against any and all claims, demands, -1- ORIGINAL '. New Hanover County contract # 08-0266 causes of action, or other liability, including attorney fees, on account of contract or personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Contractor hereunder, resulting from the negligence of or the willful act or omission of Contractor, his agents, employees and subcontractors. 6. Insurance. Contractor shall maintain insurance from companies licensed to write business in North Carolina, with an A.M. Best rating of "A" or higher, and acceptable to County, of the kinds and minimum amounts specified below. 7. Certificates and Notice of Cancellation. Before commencing work under this contract, Contractor shall furnish County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by County". The Certificate of Insurance, naming New Hanover County as an additional insured, shall be further evidenced by an actual endorsement furnished to the County from the insurer within thirty (30) days of the signing of the contract between the Contractor and the County. 8. Workers Compensation and Emplovers Liabilitv Insurance. Covering all of the Contractor's employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employer's liability insurance providing limits at least in the amount of $100,000/500,000/100,000. applicable to claims due to bodily injury by accident or disease. - 2- New Hanover county contract # 08-0266 9. Commercial General Liabilitv. Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. The policy shall provide liability limits at least in the amount of $1,000,000 per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. 10. Automobile Liabilitv Insurance. Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $1,000,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. 11. Professional Liabilitv Insurance. The Contractor will be required to take out and maintain Professional Liability Insurance providing liability insurance limits at least in the amount of Five Hundred Thousand ($500,000.00) Dollars. The Contractor will be required to maintain this coverage for a period of at least two (2) years beyond substantial completion of the contract. 12. Independent Contractor. It is mutually agreed that Contractor is an independent contractor and not an agent of the County, and as such the Contractor shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workmen's compensation, or pension and retirement benefits. 13. Warranty. The Contractor warrants County that any and all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, in a workmanlike manner, so as to meet the standards of workmanlike quality prevailing in North Carolina at the time of construction, that any and all materials and equipment furnished will be of good quality and that the work will be of good quality, free from faults and defects and in strict conformance with this contract. All work not conforming to these requirements may be considered defective. All work - 3- New Hanover county Contract # 08-0266 shall conform to applicable Federal, State and local laws and regulations. Contractor shall be responsible for all costs, damages and expenses including, but not limited to, penalties, fines and fees, that the County may incur as a result of Contractor's failure to perform under this Agreement. 14. Default and Termination. If Contractor fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Contractor breaches any of the terms or conditions contained in this contract and fails to cure said breach within two (2) days of County's mailing of Notice of Default, or otherwise fails to perform the work hereunder to the County's reasonable satisfaction, County may terminate this contract forthwith. Upon termination, County may, without prejudice to an action for damages or any other remedy, take the prosecution of the work out of the hands of Contractor. County may enter into another contract for the completion of the contract, or use such other methods as may be required for the completion of the contract. County may deduct all costs of completing the contract from any monies due or which may become due to Contractor. In the event this project is terminated prior to completion of the services by the Contractor, the Contractor shall be paid for services performed to the date of termination. In no event will the amount due Contractor in the event of termination exceed that amount set forth in paragraph 3 of this Contract. Nothing contained herein shall prevent the County from pursuing any other remedy which it may have against Contractor, including claims for damages. 15. Nonwaiver of Riqhts. It is agreed that either party's failure to insist upon the strict performance of any provision of this Contract, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Contract. 16. Conflict of Interest. No paid employee of the County shall have a personal or financial interest, direct or indirect, as a contracting party or otherwise, in the performance of this Contract. - 4- New Hanover County contract # 08-0266 17. Subcontracts. The Contractor shall utilize no subcontractors for carrying out the services to be performed under this Contract without the written approval of the County. 18. Entire Aqreement. This agreement constitutes the entire understanding of the parties. 19. Bindinq Effect. This contract shall be binding upon the parties hereto, and their heirs, successors, executors, administrators and assigns. 20. Further Actions. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of this contract. 21. Inclusive Terms. Use of the masculine herein shall include the feminine and neuter, and the singular shall include the plural. 22. Governinq Law. All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. 23. Notices. All notice required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Certified Mail, Return Receipt Requested: To County: New Hanover County Environmental Management Attention: Paul Marlow 3002 US Highway, 421 North Wilmington, North Carolina 28401 To Contractor: Environmental Source Samplers, Inc. Attention: Mark D. Looney, President 436 Raleigh Street Wilmington, NC 28412 23. Assiqnabilitv. It is mutually agreed by the parties hereto that this contract is not transferable and shall not be assigned by either party without the written consent of the other party to this contract. 24. Amendments. This Contract shall not be modified or otherwise amended except in writing signed by the parties. - 5- New Hanover county contract # 08-0266 IN WITNESS WHEREOF, the parties have hereunto set their hands and [ ~ Bruce T. Shell, County Mana er ~\.\.\ ~\~J~ Sheila L. Schult, Clerk to the Board ENVIRONMENTA SOURCE SAMPLERS, INC ATTEST: SM~s. Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. fQJ M2....j ~- County Finance Director Approved as to form: l>j~ ~- ,b. County A rne NORTH CAROLINA NEW HANOVER COUNT~rn~ . ~ (1,. Orowd{ I, ~ ,a Notary Public of the State and County aforesaid, certify that heila L. Schult acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Manager, sealed with its corporate seal and attested by herself as its Clerk. - 6- New Hanover County Contract # 08-02 ]}eamw WITNESS m '''l'i''n~4nd official se~l, his I -.J '" ~!j~'" .n ~ NOT:~~"~\ ~ My CQ",m i ~ Notary Public E'pl,"~ ' ~ € SPlJBLlC.,'#' f '. ..- ;: ..h...... ,.$' iiI/novel Co';",'" 'h.. ~\\.. ..qU.....~Ul'\ My commission expires: 51 G: (!~ NORTH CAROLINA NEW HANOVER COUNTY I, WIN" e" RctH.'lf-.f- , a Notary Public of the State and County aforesaid, certify that ~'i ~o.\.oC.~ CDOne.Lj, came before me this day and acknowledged that (s)he is Secretary of ENVIRONMENTAL SOURCE SAMPLERS, INC., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name as its President, sealed with its corporate seal and attested by him/herself as its Secretary. <T'\ WITNESS my hand and official seal, this ~ day of 'V~l~eW1V:7{.r ,2007. I.n/) A)J~ f\A1l1 J \:2.. ~bliC ~ My commission expires:~ dOl ~ DAWN B RATLIFF NOTARY PUBLIC NEW HANOVER COUNTY NORTH CAROlINA MY COMMISSION EXPIRES MAY 13, 2012 -7 - ~'~b~ ESS ENVIRONMENTAL SOURCE SAMPLERS, INC. - AIR QUALITY CONSULTANTS November 9, 2007 Mr. Paul M. Marlow Environmental Programs Manager New Hanover County Department of Environmental Management 3002 U.S. Highway 421 North Wilmington, North Carolina 28401 Dear Mr. Marlow: Environmental Source Samplers, Inc. (ESS) appreciates the opportunity to respond to your RFP for the proposed Continuous Emissions Monitoring System Relative Accuracy Test Audit(s) (CEMS RATA(s)) to be conducted at your waste to energy facility located in Wilmington, New Hanover County, North Carolina (W ASTEC). I generated a standard proposal format and included some customary language to respond to the RFP that was basically outlined in the October 2007 RFP and further defined through a site visit/meeting and NC DENR-DAQ file review. The standard proposal format includes a statement of qualifications, our prior experience performing RATAs, a discussion ofESS's role, a discussion ofW ASTEC's role, our method of determining anticipated costs, lump sum costs per testing event, and other pertinent information related to the emissions sampling project. As always, I look forward to working with you and W ASTEC on this important project. S' E Mark D. Looney President w/attch 436 Raleigh Street. Wilmington, NC 28412 Phone 910.799.1055' Fax 910.799.1056 ess@essknowsair.com . ESSKnowsAir.conl SCOPE OF WORK 1.0 CONTRACT DOCUMENTS The following response to the RFP has been enumerated in a standard format. Please note that all quotations and descriptions have heen based on the RFP submitted by New Hanover County Department of Environmental Management (NHC-DEM) mailed to Environmental Source Samplers, Inc. on, or about, October 25,2007. 2,0 DESCRIPTION OF WORK General Background Environmental Source Samplers, Inc. (ESS) is responding to a Request for Quotation (RFQ) for the performance of Protocol Development, Performing Relative Accuracy Test Audits (RATA), and Report Preparation for the New Hanover County Waste to Energy Conversion (W ASTEC) facility located at 3002 U.S. Highway 421 North, Wilmington, North Carolina. ESS has conducted a site visit and completed a FOI related file review of all pertinent records relating to this facility. ESS has conducted numerous RATAs, CGAs, associated filings ofEPA required reports and clearly understands the requirements necessary to perform the testing, analysis and reporting. ESS will provide equipment and resources to conduct testing, analysis and reporting for the entirety of the testing program, as stipulated in Attacbment 1 (Project Specifications) to the RFP. The fOllowing quotation provides prices and services as specified to: (a) Protocol Preparation: ESS will, on an annual basis prepare and submit for review a testing protocol which outlines the proper EP A test methods which will be followed while testing at the W ASTEC facility. The testing protocol and completed "Protocol Submittal Form" will be submitted for review and signature by the Department before submittal to the NC Division of Air Quality. It is critical that the test protocol be prepared and submitted in a timely manner in order to meet the specified minimum of 45 clays advance notice of testing. (b) Conduct RATA emissions testing pursuant to permit, Federal requirements, and as stipulated in 40 CFR Part 60, Appendix B: Performance Specifications 2, 3 and 4a. (c) A complete written summary report of all testing activities and results will be prepared and provided to W ASTEC in a timely manner, not to exceed 45 days, following each relative accuracy test audit event. Five (5) copies of each summary report will be prepared and forwarded to W ASTEC. All data required to be captured by the NC Division of Air Quality during testing will be recorded by ESS and included in the summary report in a manner acceptable to the Division. Test Location The testing will occur at the W ASTEC facility located at 3002 U.S. Highway 421 North, Wilmington, New Hanover County, North Carolina. ESS will conduct the CEMS RATA on all three (3) combustor units at the associated stack locations: 100 TPD Mass Bum Municipal Solid Waste Combustor (1); 100 TPD Mass Burn Municipal Solid Waste Combustor (1); and the 300 TPD Mass Burn Municipal Solid Waste Combustor. CESS) Environmental Source Samplers, Inc. All sampling locations (for the aforementioned sources) will be OSHA compliant (including access to such location(s)). Based on a file review and discussions with Mr. Paul Marlow, the sampling locations will be adequate for the CEMS RAT A(s). Specifications, Drawings, Exhibits and Attachments ESS has been provided Attachment I "Project Specifications" Drawing No. none Title Exhibits Attachment #1- "Project Specifications" Specific 2.3.1 Safety Nonnal plant risks apply: falling objects, eye and noise hazards. Testing personnel will follow W ASTEC guidelines for Personal Protective Equipment (PPE). At a minimum, hard hats, safety glasses, ear plugs and sturdy shoes will be worn by ESS personnel while on-site. ESS has an approved random drug-screen program and will comply with any additional W ASTEC or NHC-DEM required drug screening or safety requirements. All ESS employees have been through multiple safety programs including the Wilmington Mid-Atlantic Safety Council training. Further, and most importantly, ESS has never had a reportable safety incident on any client site since the company was founded in 1979. ESS understands that all safety hamess equipment, hard-hats, safety glasses, ear plugs and work boots will be provided by the contractor. Any necessary equipment for connecting to site-specific safety rails or specialty lanyards will be provided by W ASTEC. 2.3.2 Scheduled Test Dates ESS has reserved the following test dates to meet the proposed schedule. Please note, this is only an abbreviated schedule inserted to the Proposal for "General Scheduling". Dates are referencing years 2008, 2009 and 2010: August 1: August 21: November 1: November 15: November 16: December I: December 15: Submit Draft ProtocolJPSF to W ASTEC Submit W ASTEC Reviewed (Sigued) ProtocolJPSF to NC DENR-DAQ Confirm RATA Test Date(s) wlNC DENR-DAQ Conduct RAT A Test (Unit 3) Conduct RATA Test (Unit 1+2) Submit Draft RATA Report to W ASTEC Suhmit All Final Copies Of RATA Report to WASTEC (Please note: This is a general schedule and posted dates shall be used as a guide, only) CESS) Environmental Source Samplers, lne. 2.3.3 Emission Testing All testing will be conducted as required by WASTEC's Air Permit No. 05151R15, as required by US EPA Region 4, as stipulated in 40 CFR 60, Appendix A, PS 2, 3, 4 (or 4a), and 6 (as required for Unit 3). 2.3.4 Performance of CEMS RAT A(s) All testing will be conducted as stipulated in 40 CFR 60, Appendix A. The testing will conform to the requirements in the regulations stated in the RFP and the requirements associated with any Federal, State andior Local Regulations or Requirements. The RATA on Unit I stack (outlet) will be conducted in accordance with 40 CFR 60 specifications for oxygen (02), carbon monoxide (CO), sulfur dioxide (S02) and nitrogen oxides (NOx). Additionally, a RATA will be conducted in accordance with 40 CFR 60 specifications for oxygen (02) and sulfur dioxide (S02) on the inlet to the control device (ducting from incinerator). The RATA on Unit 2 stack will be conducted in accordance with 40 CFR 60 specifications for oxygen (02), carbon monoxide (CO), sulfur dioxide (S02) and nitrogen oxides (NOx). Additionally, a RATA will be conducted in accordance with 40 CFR 60 specifications for oxygen (02) and sulfur dioxide (S02) on the inlet to the control device (ducting from incinerator). The RATA on Unit 3 stack will be conducted in accordance with 40 CFR 60 specifications for oxygen (02), carbon monoxide (CO), sulfur dioxide (S02), nitrogen oxides (NOx) and flowrate. Additionally, a RATA will be conducted in accordance with 40 CFR 60 specifications for oxygen (02) and sulfur dioxide (S02) on the inlet to the control device (ducting from incinerator). Source Scheduled Test Date Unit One Inlet RATA November 16, 2008, (2009), (2010) - am Unit One Outlet RATA November 16, 2008, (2009), (2010) - am Unit Two Inlet RATA November 16, 2008, (2009), (2010) - pm Unit Two Ontlet RATA November 16, 2008, (2009), (2010) - pm Unit Three Inlet RATA November 15, 2008, (2009), (2010) Unit Three Outlet RATA November 15, 2008, (2009), (2010) Unit Three Outlet Flow RATA November 15.2008, (2009), (2010) 2.3.5/2.3.6/2.3,7 CEMS RATA Tests All CEMS RATA tests will be conducted while the associated unites) are operating at a load of greater than 50% of rated (or permitted) capacity. 2.3.8 Test Notification and Protocol ESS will prepare and forward test notification and protocol to W ASTEC for submittal to NC DENR-DAQ. All Site Specific Test Protocols will be prepared according to the minimum requirements of the EPA and per the recommendations of the EP A Quality Assurance Handbook. Additionally, as required by the NC DENR-DAQ, ESS will submit a copy of a test protocol on the North Carolina Approved "Protocol Submittal Forms". 2.3.9 Report Submittal (Draft Copies) Two copies of a "Draft Report" will be submitted to W ASTEC within 15 working days after completion of the on-site test series. CESS) Environmenttll Source Samplers. Ine. 2.3.10 Report Submittal (Final Copies) Five (5) copies of a final RATA Test Report will be submitted within 20 calendar days after completing the on-site tests. Reporting will be in a foOllat as recommended by the EP A Quality Assurance Handbook and acceptable to the NC DENR-DAQ and the EP A. Additionally, upon completion of the final RATA Test Report, ESS will submit an electronic version of such to W ASTEC. 2.3.11 Work Acceptance All work is guaranteed acceptable to W ASTEC, EP A Region 4, NC DENR-DAQ, and any other concerned regulatory agency. 2.3.12 Mobile Laboratory ESS houses all gaseous emissions testing equipment in mobile trailers (24',20' or 14'). The trailers are equipped with air conditionerslheaters and four independent electrical circuits for the operation of monitoring equipment and required ancillary support systems. 2.3.13 EPA Protocol Gases All gases jltilized during the test series will be EP A Protocol Gases. 2.3.14 Qualified Personnel The operation of the reference method equipment and the execution of all portions of the methods and procedures will be by qualified personnel. . ESS has a Quality Assurance Program and Quality Manual that meets or exceeds the ASTM D7036 requirements for "Competence of Air Emissions Testing Bodies". All ESS sampling personnel are equipped with applicable regulations (40 CFR Part 60), job specific checklists, and detailed policies and sampling procedures, as documented in the EP A Quality Assurance Handbook for Air Pollution Measurement Systems, Volume III, (EPN600/R-94/038c). A copy of the ESS Quality Manual is available upon request. 2.3.15 Labor/Scheduling ESS maintains three (3) mobile trailers equipped with redundant CEMS systems for the purpose of monitoring 02, C02, NOX, S02, CO and VOC. The six (6) CEMS trains can be moved from the mobile laboratories to provide on-site continuous monitoring from remote locations for longer durations, if required. ESS maintains a staff of six (6) field supervisors and three (3) isokinetic operators, as well as field assistants and helpers. All ESS crews are equipped to work as long as necessary to get the job completed. As generally specified in the RFQ, ESS anticipates eight (8) - twelve (12) hour days. Per the RFQ, the proposal allows for up to twelve (12) hour days without additional hourly fees. CESS) Environmental Source Samplers, Inc. 02 Analyzer Oxygen will be monitored with California Analytical Paramagnetic (100 and 200P) analyzers. The oxygen meter will be calibrated on the 0 - 21 % full-scale span with calibration gases meeting Method 3a criteria. C02 Analyzer A CAI Model 3300A non-dispersive infrared (NDIR) analyzer will be used in determining C02 concentrations. An infrared light beam emitted by the source passes through the measuring cell, which is filled with a continuously flowing gas sample. The light-beam is partially absorbed by the C02 in the cell before reaching the front chamber ofthe detector. The difference in the amount of light absorbed between the front and rear chamber is dependent on the concentration of the C02 within the sample measurement cell. The pressure difference between the two (2) chambers is monitored by the micro-flow sensor connecting the two (2) chambers. The electrical signal from the sensor is converted into a DC signal for output to the data logger and front panel meter. The C02 analyzer will be calibrated on the full-scale span with gases meeting Method 3a criteria. S02 Analyzer Western Research Model 721 A T2 fluorescence analyzers will be used in determining S02 concentrations. Unlike NDIR analyzers, water does not interfere with the S02 measurement. The fluorescent section of the analyzer selectively measures S02 molecules. The S02 analyzer will be spanned appropriately with gases meeting Method 6c criteria. CO Analyzer A Thermo-Environmental Model 48 Gas Filter Correlation monitor (EP A Designation Reference Method RFCA-C981-054 will be used to sample CO. Note, that unlike non-dispersive infrared analyzers, this unit is not subject to interference from carbon dioxide. Therefore, it is not necessary to remove the C02 from the gas stream prior to delivering the gas sample to the analyzer. EP A MethOd 10 procedures will be followed when spanning and calibrating the CO monitor. Flowrate Measurements EP A Method 1 procedures will be used to determine the flue gas velocity measurement locations. Pursuant to MethOd 2, ESS will utilize as-type pitot tube conforming to the specified methodology for the measurement of stack gas velocity. These differential pressures (measured in inches of water) will be monitored with a Dwyer Oil Manometer. Corresponding stack gas temperatures will be determined with chromel-a1umel thermometers and thermocouples. EP A Method 3a procedures, previously addressed in the gaseous monitoring description will be utilized for the determination of stack gas molecular weight. Additionally, EP A Method 4 moisture determinations will be measured at least once per hour during the RATA, as required for the inclusion into the molecular weight determination of the stack gas. Monitor Performance Test Procedures NOx, C02, S02, CO, and 02 calibration gases are certified by EP A Protocol procedures. Prior to field tests, monitor performance tests are conducted in the home laboratory. The EP A Method 7e N02 to NO converter efficiency check is performed by preparing an equal volume mix of NO in N2 calibration gas and zero air in a Tedlar bag. The gas mixture is sampled over a CESS) Environmental Source Samplers, Inc. 3D-minute period. To be acceptable, the test must demonstrate that the gas mixture does not decrease by more than 2.0 percent of the peak response. Interference data from gas checks has been performed on each instrument for the 02, NOX, and CO monitors. System response time tests are conducted in the field for the CO analyzer. The CO analyzer exhibits the slowest response time, and the response time of this analyzer is used in determining the system response time for the analyzers receiving the conditioned sample. QUALITY ASSURANCE ACTMTIES Field Sampling Operations The project supervisor is responsible for ensuring that proper custody and documentation procedures are followed for the field sampling and field analytical efforts. He is assisted by the stack team leader. All sampling data is recorded on data sheets specific to the test method employed. Gaseous Sampling: 02, C02, S02, NOX, CO Similar quality control and calibration procedures are used for each of the on-site instrumental gaseous analyzers: 02, C02, S02, NOX and CO. Upon arrival at the test site, each analyzer is unpacked and inspected for possible damage. The instruments are plugged in and allowed to warm up for 2 hours prior to attempting any calibration procedures. The heated sample lines and probes are also allowed to heat to operating temperatures. The gas conditioner is installed, and allowed to cool to an operating temperature of about 33 degrees F. Electrical voltages supplied to the analyzers are critical for correct operation. Line voltages are checked to insure that at least 110 volts A.C. is maintained. While the instruments and sampling lines are warming up, the DAS and gas manifold system are set up. After the analyzers have stabilized, linearity checks are performed on each analyzer. The appropriate EP A Protocol calibration gases are introduced to the gas manifold system, and the data recorded with the DAS. A zero, mid, and high calibration gas is introduced to the 02, S02, NOX, and CO monitors. Once the calibration procedure has commenced, the span and zero controls are not touched. If it is necessary to adjust th zero or span, then the analyzer linearity check would be started over. Each gas must provide a response to the calibration gas within 2 percent of the span value of the instrument for 02, C02, S02, NOX and CO. Following the successful completion of the instrument linearity checks, a sampling system bias check is required for the 02, C02, S02, NOX and CO analyzers. A leak check is performed across the sampling system consisting of the heated sample line, gas conditioner, unheated teflon sample line, unheated teflon calibration line, gas manifold, and sample pump. Following the conclusion of each test run, instrument drift for the zero and span gases must be less than 3 percent of span for the 02, C02, S02, CO and NOX analyzers. 2.3.18 Lahoratory Subcon!nj.ctors ESS will not subcontract any labor, gas analysis, reporting or other services related to the W ASTEC proposal to other firms. CESS) Environmental Source Samplers, Ine. 2.3.19 Sampling Extraction Locations and Rates ESS utilizes an extractive system for the measurement of 02, C02, S02, NOX, and CO. The gases are sampled from the stack at a rate of approximately 10 SCFH. The gases are maintained at, or above, their dewpoint (at least 250 F) via a heated probe and heated line. The sample stream then passes through a VIA Mak II gas conditioner designed to separate the moisture from the gas and chilling the gas to a temperature of approximately 35 F. The dry sample is sent through teflon lines to a "gang flow pump". This metering device delivers the appropriate amount of gas to each of the utilized analyzers. It is preferable to locate the ESS mobile laboratory as near to the base of the stack as possible. If the sampling plane will be located more than 220 linear feet from the mobile laboratory, please advise. 2.3.20 Utility Requirements ESS can provide a power panel capable of generating four (4) independent circuits from a 240 power supply. In addition to the four circuits required at the base of the stack (near the sampling trailer), ESS will require two independent circuits at the stack sampling location. Please note, any wiring of power panels must be conducted by a qualified site representative. W ASTEC may provide a contractor panel at the base location of each stack ESS must have a total offour (4) 115 V dedicated circuits (minimum 15 amps each) at the base of the stack. Additionally, a minimum of two (2) independent 115 V -15 amp circuits must be accessible at the stack sampling location. 2.3.21 Demonstration of Capabilities a. ESS regnlarly conducts complex testing at numerous facilities. ESS has conducted hundreds of Part 60 and Part 75 CEMS gas and flow RATAs forCinergy, PSI, American Electric Power, SCE&G, MeadWestvaco, Georgia Pacific, Invista, Smurfit Stone and numerous other clients. b. Personnel involved with this test series will most likely be: Mark Looney, Charles Gamer, Robert Hamlin, Jr. Resumes for the aforementioned project leads are included in Appendix A to this proposal. Some of the junior field technicians with at least two years of experience will also be assisting on this project including Ron Ferri, Nash Fralick, Malt Gatian, Greg Newton. c. References (please see Appendix A, if additional references are required, please advise). d. Demonstration of Sufficient Labor and Material Resources See explanation in 2.3.14/15. 2.3.21 Pricing A complete pricing schedule outlined in Article 5.0 of this proposal delineates the costs. The price to conduct all testing (as proposed) according to the schedule above including two (2) days on site (plus a set- up day) is $11,250. 2.3.22 Automatic Disqualification if Bid Does Not Address all Articles ofRFP ESS has responded appropriately to all sections of any article of this RFP. If an omission has been made, please notify ESS immediately. CESS) Environmental Source Samplers, /nc. 2.4 Material, Equipment of Services Furnished by Company ESS will provide assistance with information, as required for the timely completion of the CEMS RATA(s). ESS will prepare and forward a protocol to W ASTEC for submittal to NC DENR-DAQ in as reasonably rapid a manner as possible. At a minimum, the protocol will be provided to the W ASTEC representative to allow for submittal to NC DENR-DAQ more than 60 days in advance of the scheduled CEMS RATA. Per the RFQ, the test ports are adequate for the use by ESS to successfully complete the required stack testing. 2.5 Temporary Construction Facilities It is understood that a reasonable parking location will be provided for the ESS mobile laboratory. 2.6 Performance Schednle and Sequence of Work ESS will make any and all reasonable attempts to facilitate the emissions testing schedule as proposed in the RFQ. Should project demands require rescheduling or varying schedule timetable, all reasonable efforts will be made to accommodate the stipulated changes. As noted in RFQ, ESS is able to meet the schedule as proposed. 2.7 Reporting Requirements and Coordination Meetings The timeliness of the required stack testing services is crucial to the success of the project. ESS will meet the required deadlines stated in the contract (as tentatively identified in section 2.3.2 and 2.3.15). As required, ESS will provide details of the job progress and exact time estimates of anticipated project completion. As required, ESS will meet with the assigned W ASTEC representative to resolve any issues associated with testing protocols. As necessary, ESS will work with the assigned W ASTEC representative and/or NC DENR-DAQ or EP A representative to achieve preferential test requirements. ESS does not anticipate any problems with the proposed test plan(s) or acceptance of a Site Specific Test Protocol for the testing (as outlined). Should any meetings be required, ESS will assist in arranging and attend such meeting(s). 2.7 Options (Shipping and Multiple Mobilizations) Not applicable. 3,0 SCHEDULE ESS will schedule and coordinate with W ASTEC representative(s) to best meet the requirements of W ASTEC and any related client(s) or vendor{s), as requested. As required, ESS will flex schedule to meet deadlines. The proposed schedule and preliminary scheduling has been addressed under Section 2.0 of this proposaL CESS) Environmental Source Samplers, Inc. 4,0 COMMUNICATION All written communication with W ASTEC or NBC-OEM will reference the Contract number and sball be transmitted to W ASTEC's facility address and marked: A TIN: Mr. Paul Marlow (or designated party). All contractual notices must be in writing. Invoices will be transmitted as defmed in Article 7.0. 5,0 PRICING The following price schedule is prepared on a per test basis and is valid for Calendar Years 2008, 2009, 2010. The pricing below includes all costs for protocol development, site mobilization, field work, freight or shipping charges, report preparation and any related contractor specific tasks to successfully complete the RATA project for calendar years 2008, 2009 and 2010. Test! Activity Cost ($) Compilation and Submittal of Protocol (one time fee, only) 0 CEMS RATA (Inlet Duct Sampling Plane - per duct pricing) 1650 CEMS RATA (Stack Sampling Location-price per stack [Units 1 and 2]) 2000 CEMS RATA (Stack Sampling Location - price for Unit 3 stack) 2300 *There will be no delay fees or charges for any postponements due to inclement weather. There will be no delay fees or charges for any postponements to the sampling schedule as long as ESS is notified more than three (3) business days prior to the scheduled emissions testing. Ifa test series is postponed less than three (3) days prior to a scheduled CEMS RATA emissions test series, ESS will charge a fee of$1500. Should a cancellation occur after ESS is on-site, due to process or equipment failure, W ASTEC will be charged $2500. No mobilization, equipment set-up, freight or other charges will apply to any of the emissions test series pricing. The above noted pricing is firm for the duration of the work (2008 - 2010) and includes all costs, duties, license fees, expenses, overhead and profit. ESS has priced Air Emissions Testing Services for over twenty-eight years. ESS updates a price list of services on an annual basis. The determination of prices is based upon a proprietary fonnula and includes inputs such as technician salaries, estimated hourly project demands, estimated hourly project support, overhead, generally quantified operating expenses and profit. Although ESS can bill jobs on a time and material basis, most ESS clients prefer knowing a lump sum cost prior to entering into an emissions testing contract. Thus, all ESS pricing in this contract is based on conducting all emissions testing at the specified rate. There will be no charges for overtime, inclement weather delays, mobilization or project postponements (as long as the postponements are planned more than three (3) days in advance). CESS) Environmental Source Samplers, Inc. ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 D~ DATE CMMlDDM"fY) ENVJ:R10 12/03/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Harold W. Wells , Son, :Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0, Box 2320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wilmington NC 28402-2320 Phone: 910-762-8551 INSURERS AFFORDING COVERAGE NAlC# INSURED INSlRER A: CanUnental c:..ua1 ty COIIpany 20443C Environmental Source Samplers INSLRER B vall-r rorv- Inaurux:. Ccmpany 20508C J:nc INSl..RERC 20893C Mark LooneI ..t1cmal rJ.l:. :xn..Co.llart~o:rcl PO Box 150 3 IN~ER 0 Wilmington NC 28408 IN~ER E COVERAGES THE POLICIES OF INSl...lRAACE LISTED BELOW HAVE BEEN ISSLED TO T1-E INSlRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAA{)lt'oG ~y REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DQCt.MENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSl.ED OR tMV PERTAIN, THE INSl.JR.AJ'oK:E AFFORDED BY TIE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXClUSIONS PH) CONOlTl~ OF SUCH POLICIES, AGGREGATE LIMITS SHO'NN MAY HA.VE BEEN REDUCEO BY PAID CLAIMS. ~ TYPE OF INSURANCE POLICY NUMBER DATE{MhIIODffY) r DATE' IMMIDOIYY) L.... ~ENERAL LIABILITY EACH OCCLRRft<<:E 11000000 A ~ ~RC\Al GEl-ERAllIABIUTY 2095574222 02/11/07 02/11/08 PREMISES (Ell OCetnnce) 1100000 _ CLAIMS M4DE [!] OCCUR t.a) EX? (NIy 008 person) '5000 ~SONAl & PDIIIN..URY 11000000 GBERAI. AGGREGATE 12000000 GEN'L AGGREGATE LIMIT APPLIES PER PROOUCTS * CQMPJOP N:7G . . 2000000 Xl POLICY n To';- n Loo ~OMOBll..E lIABIL.1TY COMBIM:D SINGLE LIMIT '1000000 B ~ />NY AUTO 2097544618 02/11/07 02/11/08 (EtI8Ccideri) _ AL.L OV'I'NED AUTOS BOOIL Y INJ\.RY ~ Sa-EDIJ..ED jl.JJfOS {Par person) - HIRED AUTOS BCOIL Y INJ\..RY - I NCW-O'y\lI>.ED AUTOS (Per accident) f- PROPERTY DAMAGE I (Peracciclert) GARAGE LIABIUTY AUTO en. Y - eA ACCIDENT I R />NY AUTO OTlfll THAN EAfoCC . ALlTOO!'l.Y: AGG I ~~SSlUMBRELLA LlASlLITY EACH OCCLRREI'.CE .2000000 A X OC~ D Cl.AJ:MS WOE 20955741.72 02/11/07 02/11/08 AGGREGAlE 12000000 . ~ ~I"-E I X RETENTION 110000 I WORKERS COMP1:NSA110N AND X ITORYUMITS I IUE~ B EMPLOYERS' LlABlUTY 2097544702 02/11/07 02/11/08 1500000 f>NY PROPRIETORJPARTNERlEXECUTIVE E.L. EACH ACCIDENT OFFICERlMEMElER EXCLUDED? EL OISEASE. EA EMPlOYEE 1500000 Iryes,descnb&under .500000 SPECIAl... PROVISIONS below E.L. DISEASE. POliCY LIMIT Oll<ER A POLLtl'rJ:ON UIl288261225 02/11/07 02/1.1/08 500000 A PROFl!:SSJ:ONAL 1!:1!:H288261225 02/11/07 02/11/08 500000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS CERTIFICATE HOLDER NEW HANOVER COUNTY WASTl!:C 3002 HWY 421 NORTH CANCELLATION NImHA-1. SHOULD ANY OF THE. ABOVE DESCRIBED POlICIES BE CANCElLED BEFORE THE EXPIRATION DATE THEREOf, lHE ISSUING IIlSURER WILL ENDEAVOR TO MAIl. ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL NPOSE NO OBLIGATION OR UABa.1TY OF AN'{ KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A DREr NT YE @ACOROCORPORATION1988 w:tLMJ:NGTON NC 28401 ACORD 25(2001108) . . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does tt affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) " . Blanket Additional xnsured with Products-completed Operations & Blanket waiver of SUbroqation per form SB l46968A Applies to General Liability to include any person or organization wham you are ~ired to add as an additional insured under current written contract or agreement arising out of the named insured'S work and coverage is primary and non contributory. Commercial Auto coverage is prtmary with respects to the insured's vehicles driven on the certificate holders premises Per ro~ CA 0001 03 06. Per Form SB147082A a written notice of cancellation to the first named insured at least 10 days before the effective date of cancellation if we cancel for non payment of premium or 30 days if we cancel for any other reaSOD NEW HANOVER COUNIY WANDA M. COPLEY County Attorney KEMP p, BURPEAU Deputy County Attomey SHARON J, HUFFMAN Assistant County Attonley December 19, 2007 Environmental Source Samplers, Inc. Attn: Mark D. Looney, President 436 Raleigh Street Wilmington, NC 28412 RE: New Hanover Contract # 08-0266 Dear Mr. Looney: Enclosed please find your copy of the above referenced contract. Thank you for your assistance in this matter. If you have any questions please give us a call. Sincerely, ~~',.:o..S>- ~ Marg;et'5unlap Administrative Support Specialist Office of the County Attorney Enclosure 230 Govemment Center Drive - Suite # 125 - Wilmington, N C 28403 Phone: 910-798-7153 - Fax: 910-798-7157 www.nhcgov.com