Loading...
HomeMy WebLinkAbout09-0234 , o ,~ ,,--, New Hanover County Contract # 09-0234 NORTH CAROLINA NEW HANOVER COUNTY AGREEMENT THIS CONTRACT, made and entered into this day of , 2008, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and AIR TECHNIQUES, INC., a North Carolina 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 provide services for annual CEMS maintenance. In addition, Contractor shall supply all personal safety gear, to include hard hats, steel or fiber toed work boots and safety glasses, which are required at all times in the plant area. All contracted services shall be performed at New Hanover County WASTEC, 3002 U.S. Hwy. 421 N., Wilmington, NC in accordance with "Exhibit A" attached hereto and incorporated herein by reference. Prior to the start of work, a safety briefing will be held with the WASTEC Project Manager and/or Safety Office. 2. Time of Performance. This contract shall begin on January 1, 2009 and end on December 31,2009. 3. Pavment. County hereby agrees to pay for the cost of the contract as set forth in "Exhibit A", not to exceed Seventeen Thousand Eight Hundred ($17,800) Dollars. 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. Page 1 of 10 70080600-700000 dm ORIGINAL New Hanover County Contract # 09-0234 5. Indemnitv. Contractor shall indemnify and hold New Hanover County, its agents and employees, harmless against any and all claims, demands, 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 employers' 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. Page 2 of 10 70080600-700000 dm New Hanover County Contract # 09-0234 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. 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. 12. 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 shall conform to applicable Federal, State and local laws and regulations. Contractor Page 3 of 10 dm 70080600-700000 New Hanover County Contract # 09-0234 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. 13. 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. 14. Non-waiver of Riahts. 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. Page 4 of 10 70080600-700000 dm New Hanover County Contract # 09-0234 15. 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. 16. 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. 17. Entire Aareement. understanding of the parties. 18. BindinaEffect. This contract shall be binding upon the parties This agreement constitutes the entire hereto, and their heirs, successors, executors, administrators and assigns. 19. Further Actions. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of this contract. 20. Inclusive Terms. Use of the masculine herein shall include the feminine and neuter, and the singular shall include the plural. 21. Governina Law. All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. 22. 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 WASTEC Attention : Teresa Horsboll 3002 U.S. Hwy 421 N. Wilmington, North Carolina 28401 Page 5 of 10 70080600-700000 dm :"~~-~!--~ New Hanover County Contract # 09-0234 To Contractor: Air Techniques, Inc. Attention: Wayne Norman 1724 Nekoma Street Marietta, GA 30068 23. Assianabilitv. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and NEW HANOVER COUNTY ~~~~\,\ ~~\ll~ Clerk to the Board [CORPORATE SEAL] A7?- Secretary -..",~ Page 6 of 10 70080600-700000 dm New Hanover County Contract # 09-0234 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: N~ '""_ 0 nty Attorney NORTH CAROLINA NEW HANOVER COUNTY 1/ I, ~ - l' y() , a Notary Public of the State and County afores d, certify at Sheila 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. -~ WITNESS m~",,"t):!i """and official seal, this cf( J.t ~~tJn~ ~ ~ ~ (JI\..f I\IU.{.. ", . C ........ {,'> ~ .... ..... ~o ~ ... ~~. . '. ~ ~ f /NOTARY.... ~ ~ .~ ~. . ~ .,. ~ f MyComm. \ ~ ; : Expires : ~ .. . ~ ~ 3/24/2011 l ~ My commission explres:~ ~... PJTBLIC'" g ~ (.C), .... ..0 ~ $" ~/. ~ ij ........... ~ ,,$' N:O~TII ~AROlINA G-i2ZJJt&lilhover C()~,~""" 1111111111111\\\\\ U:; l3i3 'NE'v~t H/\NO'v [I{ COUNTY I, ~CI/,4 ])Ad/~' , a Notary Public of the State and County aforesaid, certify that 'Dl}lIi d If)/Jif?.flJA--rJ ' came before me this day and acknowledged that (s)he is Secretary' of AIR TECHNIQUES, 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. My commission expires: my hand and official seal, this 3D~ day of ,2008. /~U~) Notary Public NotARY PUBLIC, COBe COUNTY ' MY COMMISSION EXPIRES MARCH 1S, 2012 WITNESS AfJpL~,tb../ A ~ Page 7 of10 70080600-700000 dm New Hanover County Contract # 09-0234 EXHIBIT A SAMPLING AND MONITORING SYSTEMS Jl)H~~SiO:-~ F:R.:.R.i' ED. - ~,'P.IRIEi1''''.. G.~ ~GC€~ - 77C:-S1 :-7~r:G -. F.....X 77C-: 1 S~r:: 1 On-Site Maintenance Senices Pricing is provided for a QL1arterly On-Site Service cODtmct for the CEM system operati:o.g on your Boilers No. 1-3 for a four quarter time period for timely mslilntPnllnee and repair of the system OB a scheduled basis. The.service cOldIact includes four~ quarterly scheduled service ,,-isits by Air Teclmiques, Inc. service persmmel (either by or directly mpavised by Monty Smith, CEMS Field Services). Mainteuance conducted during the visit will include full system inspection. complete cab1ml.ticm of analyzers. Ie- im-entozy ofCustomer-stockedspue parts (Customer to IIIfvjse Air T<<lJniqnn wilen SJ1IU8 pam m.e 'etlllisiliOftM Mil replenulJe4froltl stock), inspectianand backup of the datalogger and computer software (and addition ofupgrades. if applicable) and answers to any operator or supervisory personnel's questions regarding system opemtiOl1 or reporting. The Customer will be provided with a complete Service Report offindings and recolllJll.elJdations soon after completion of each service visit. In addition to the schednled maintenance conducted each quarter, Air Teclmiques,lDc. service persmmel will perl'onn the required quarterly cyIiDder gas audits (CGA) on the CEM .system and opacity moDitor md deliver the audit report for inclusion in the qoarterly CEMSJEE submittal. Additionally. while UDder Savice Contract, Air TechniqDes,lDc. will provide on-line diagnostic, programming and training services for the CEMS at no additicmal charge with operatorlmllmtfl>Nlnre support service. Air Teclmiques,lDc. will be connected to CEMS PC via CustomeI-provided phone line to provide this senm. As part of the setvice contract. Air Tecbniques, Inc. service persmmel are available for telephone $UppOIt at DO additional charge. Pricing includes a system CGA for three of the four scbeduled mSlin~~ quarters and opacity audits all four quarters. (Air Teclmiques. Inc. will be pleased to provide you with a RATA testing proposal fortbattest, ifrequired. Ifcondu.cting the RATA testing. Air Teclmiques.lDc. guarantees the Customer CEM system will pass the testing. Otherwise, my system modification and ~ting v.'ill be done by Air Teclmiques, Inc. at DO additional charge to the Customer). Invoicing for the quarterly services will be 011 a quarterly basis~ at the time of completion of the service. All invoices will be due net thirty days. Customer is responsible for all CEMS parts for routine mainteunce and repair as well as stockiog audit gases in the recomTnPftdM com:entIatKms. If additional service or repair wmk is required cmtside of the Maintewmce Coutract scope. it will be provide according to Air TecJmiques. Inc. schedn1ed rates Oa-Site AofaintenaJK:e Senices - $4,450.00 per quarter (1ninimnm four quarters) Page 8 of 10 70080600-700000 dm New Hanover County Contract # 09-0234 SAMPLING AND MONITORING SYSTEMS JOHN::O"~ F=R~:;.Y :;C. - M.a.RIETl',""l :;t, ~Ga€.:: -7'7lJ-:tS-7:CG -- F....~)l ";"7':...:1::~r:~:1 MINIMUM ITEMS FOR CEMS QUARTERLY SERVICE CONTRACf . Quarterly PM on aU 6 S02. 3 NOX, & 3 CO monitors, 6 02 monitOlS. and 3 Opacity monitors including as a minimum. o Pump rebuilds 2ee/year or per mfr msts. o Leak chflr.lnng monitOlS. dihdion probe controllers (solenoid leak checks also, ifpossible), md ~ Jioes at leut lcelyear. o Required cleaniDg & replacement e.g. CO monitor miuors & wheels; NOX filters replaced o Inspection & PM: of all dilution & 02 probes. o Make recommP;y1dations for n.ecessmy improvements o PM of air cleamIp package. o Verification of system pRSSUres, flows. etc following PM vi'm. o Flushing of diluted sample lines jf n.ecessmy. o Spare parts review at least Ice/year. · CGA 3 of 4 quarters to skip quarter in which RATA is perl'ooned with j copies of report submitted within 4 weeks. · Quarterly Opacity Audit . 24 hour phone support with contact munbers and alternates provided. · 48 hour response for emergency service. . Provide ote sheeU for rates to be effective for entire contract dmatiOl1. I . Air Tedmiql;les, 1Dt. Site Seniices ~'-I Rates (Senrice, TraiDiDg) Mm-lmm'Raes - S1100 per day Puts-Costplwi 15% TravelfLiviDg ExpeII.ses - Cost plus 15% (FOB Muien:a, Geot;ia) 'I'haDks far me CIpJICIftUiDily to o:ft'er OIII' samptiJIg amd MoI1itariII; Senices.. ;d": For:Wayne NODIIa1l Presidem Air Tedmiques" IDt.. S8IIIpti:Dg _ ~~jtnr'mg Systems 1724 Nekama St. Marieaa, GA 30068 Tel: 77O-rn-1S2S Monty Smi1h Cell: 770-656-8811 CEMS SbopIPuts: 1iO-579-702S Page 9 of 10 70080600-700000 dm New Hanover County Contract # 09-0234 ~ I I ..i interoffice fjIIlfi\ MEMORANDUM to: Diane Morgan from: Teresa Horsboll subject request for contract date: December 22, 2008 The New Hanover County WASTEC Facility, located 3002 US Hwy. 421 N, Wilmington NC, has a need to contract with AIR TECHNIQUES, INC., at the WASTEC Facility. Please prepare a service contract per the attached quote. Bidder: AIR TECHNIQUES,INC 1724 NEKOMA ST. MARIETTA GA 30068 Attn: Wayne Norman Bid Price: $17,800 Specs: -Contractor to provided services for annual CEMS maintenance. Per exhibit. -contractor to supply all personal safety gear. Hard hats, steel or fiber toed work boots and safety glasses required at all times in the plant area. A safety briefing is required, with the WASTEC Project Manager and/or the WASTEC Safety Officer prior to the start any job. Term: -Jan. 1,2009 - Dec. 31,2009 Acct: 70080600-700000 Page 10 of 10 dm 70080600-700000 DATE (MM/DDfYYYY) AIRTE-l 12 19 08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ACORD.. CERTIFICATE OF LIABILITY INSURANCE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIN::it( ~~~~ TYPE OF INSURANCE POLICY NUMBER ~~,;!~TMM/DDfYY1' I P8k~~Y(MM/DDfYYT LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 500,000 - A X X COMMERCIAL GENERAL LIABILITY CPP5544638AWR 12/19/08 12/19/09 U1\M1\l.:je I U KeN I eU $ 100,000 - o CLAIMS MADE ~ OCCUR PREMISES (Ea occurence) - MED EXP (Anyone person) $ 5,000 incls per project PERSONAL & ADV INJURY S 500,000 r-- per location GENERAL AGGREGATE S 500,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 500,000 ~ n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- S 500,000 A X ANY AUTO CPP5544638AWR 12/19/08 12/19/09 (Ea accident) - -- ALL OWNED AUTOS BODILY INJURY - S SCHEDULED AUTOS (per person) ~ HIRED AUTOS BODILY INJURY r-- $ NON-OWNED AUTOS (Per accident) I-- I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 A KJ OCCUR D CLAIMS MADE CCC4471010 12/19/08 12/19/09 AGGREGATE S 5,000,000 S ~ DEDUCTIBLE S X RETENTION SN/A S WORKERS COMPENSATION AND X IT~~~\~I~~ I IUE1H- ER B EMPLOYERS' LIABILITY WC8914944 12/19/08 12/19/09 $ 100000 ANY PROPRIETOR/PARTNER1EXECUTlVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? GA, NC, SC EL DISEASE - EA EMPLOYEE S 100000 ~PEt'~Ls~r~OVIS~ONS below EL DISEASE. POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is additional insured if required by written contract or agreement as respects general liability coverage. PRODUCER Snellings Walters Agency, Inc. 1117 Perimeter Ctr West W-l0l Atlanta GA 30338 Phone:770-396-9600 Fax: 770-399-9880 INSURED Air Techniques, Inc. 1 ATI Construction Co., Associated Engineering Resources, Inc. 2999 Johnson Fer~ Road Marietta GA 30062 COVERAGES CERTIFICATE HOLDER INSURERS AFFORDING COVERAGE NAIC# 10677 28665 INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: Cincinnati Insurance Company Cincinnati Casualty Company CANCELLATION NEWHA -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUT ED REF! New Hanover County WASTEC 3002 US Hwy 421 North Wilmington NC 28401 ACORD 25 (2001/08) @ ACORD CORPORATION 1988 NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU Deputy County Attorney SHARON J. HUFFMAN Assistant County Attorney January 21, 2009 Air Techniques, Inc. Attn: Wayne Norman 1724 N ekoma Street Marietta, GA 30068 RE: New Hanover Contract # 09-0234 Dear Mr. Norman: 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, ~~ Margaret Dunlap Administrative Support Specialist Office of the County Attorney Enclosure 230 Government Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 - Fax: 910-798-7157 www.nhcgov.com ".::;'",'r':\:. . '~r'. ..,...;J ; New Ha~o~er County Routing Slip Contract # Co. .;,,,, \- . .)\'}'~""\ Department Acct. # 1 i C \~> /,:~t..~) ~L t,,,,",,A,,~..,,~:'> ..... '.......," ' If l '<" Initials DateF="" To::,,,-,",, Grant& Coordinator ( V Finan6~ Director / "1'" " ~6) CountY\Manager _ Commis"sion Chairman I~ / t,~~':;:./ Clerk to the Board ~ ,* Cl;c~~.;, Risk Man~ger t~~~-.( \ ' ~~~~:::f;:iCounty Attorney ~~.'? ~ ~ /4tl I 0 ~ I!/~/d Y ~J l\:\ ~~. \ \ ~\ \ o~ \~" \a 0(1 \ \ 1-.-\ l <J 1 From: Legal Dept. Date 1- /3 - {) (J f.w'" , iJ Re: , \'\ \ '; . \; \\1.\\'; \ ".. .' \ ''''\. ;.. .,,) Budget Contract for/Dept.;\~\",.~.' Dept. Dup. Contractor \ ~. ,\( ., i i" '~'''''l Final Distribution \ " . ...'1~ ~~) "', ~..,.., ,~....