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HomeMy WebLinkAbout10-0009 New Hanover County Contract # 10-0009 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this day of 2009, by and between NEW HANOVER COUNTY, a political subdivisio of the State of North Carolina, hereinafter referred to as "County"; and INDUSTRIAL METAL MAINTENANCE, INC., a North Carolina Corporation, hereinafter referred to as "Contractor"; WITNESSETH: WHEREAS, County secured informal bids for maintenance labor assistance for the WASTEC Facility of the Environmental Department and bids were received required by law; and WHEREAS, after careful consideration of the bid proposal submitted by Contractor, the County has authorized the acceptance of such bid proposal and the execution of a contract with Contractor covering industrial maintenance labor assistance. NOW, THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, said parties covenant and agree as follows: 1. Performance. Contractor shall perform all work for the project generally described as: providing industrial maintenance labor assistance at the New Hanover County WASTEC Facility. The Bid Package, which includes County's Technical Specifications, Invitation to Bid and Instructions to Bidders, marked Exhibit A; and Contractor's Bid Proposal, are attached hereto and made a part of this contract as though fully written herein. Contractor shall also provide all labor, tools, and safety Page 1 of 24 70080600-700000 dm ORIGINAL • New Hanover County Contract # 10-0009 equipment to perform the work required. Daily progress reports will be given to the Project Manager, Jerome Parker. Safety briefings will be required between the employed contractors and the WASTEC Project Manager and the Safety Officer regarding any and all work prior to commencing said project. Contractor shall provide WASTEC with a copy of its safety manual and the past two (2) years of its 300A log per the Contract Compliance Requirements. 2. Term. This contract shall begin July 1, 2009 and contract shall end June 30, 2010. 3. Payment. The total contract amount shall not exceed the sum of One Hundred Thousand ($100,000.00) Dollars. Payment shall be made within thirty (30) days after completion of service, acceptance of work by County and receipt of invoice. 4. Indemnity. 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 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. 5. 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 New Hanover County, of the kinds and minimum amounts specified below. 6. Certificates and Notice of Cancellation. Before commencing work under this contract, Contractor shall furnish County with certificates of all insurance 2 New Hanover County Contract # 10-0009 required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, applicable deductibles, self- insured retentions and shall contain the following statement: The insurance covered by this certificate will not be canceled or limits/coverages 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. 7. Workers Compensation and Employers Liability 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. 8. Commercial General Liability. 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. Exclusions applicable to explosion, collapse, and underground hazards are to be deleted when the work involves these exposures. 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. Page 3 of 24 70080600-700000 dm New Hanover County Contract # 10-0009 9. Automobile Liability 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. 10. Umbrella Liability Insurance. Providing coverage as excess above the underlying Commercial General Liability Insurance, Automobile Liability Insurance, Employers Liability Insurance and policies required by this Contract. This coverage shall provide excess liability limits at least in the amount of $1,000,000 per occurrence, combined single limits, applicable to claims arising from bodily injury, personal injury and/or property damage. The parties named as additional insureds under the primary underlying policies are to be included as additional insureds under the Umbrella Liability Insurance coverage. 11. Contractor's Warranties. Contractor makes the following warranties concerning the materials, equipment and work furnished pursuant to this contract. 11.1 Warranty of Title. Contractor warrants that title to all work, materials and equipment covered by a request for payment, whether incorporated in the project or not, will have passed to County prior to the submission of the request for payment, free and clear of all liens, claims, security interests and encumbrances. 11.2 Warranty of Work. Contractor warrants that the work and services to be performed under this contract shall be free from defects in workmanship and material. Should any failure to conform to this warranty arise within one (1) year from date of County acceptance of work and services, Contractor shall, correct such nonconformity by repair or, at its options, by replacement of such defective item at no cost to the customer. Contractor shall not be responsible for the cost of removing and replacing 4 New Hanover County Contract # 10-0009 defective items which can be isolated and replacing using normal troubleshooting ana maintenance procedures. Contractor shall not be responsible for the costs or removal or installation of any item not supplied by Contractor. The effects of corrosion, erosion, aging and normal wear are specifically excluded from the warranty. 11.3 Correction of Defects. County shall give Contractor reasonably prompt written notice of all observable defects. If Contractor fails to perform corrective work within three (3) days after receipt of notice, County may perform such work and charge Contractor for the costs thereby incurred. 12. Termination. 12.1 Default. If Contractor fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Contractor materially breaches any of the terms or conditions contained in this contract and fails to cure said breach within three (3) 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, enter into another contract for the completion of this contract. County may deduct all costs of completing the contract from any monies due or which may become due to Contractor. 12.2 Termination For Convenience. County may terminate this Contract for convenience at any time and without cause upon thirty (30) days prior written notice. Upon receipt of notice, Contractor shall immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Contract. 5 New Hanover County Contract # 10-0009 12.3 Non-appropriation. All funds for payment by the County under this contract are subject to the availability of any annual appropriation for this purpose by the Board of Commissioners. In the event of non-appropriation of funds by the Board of Commissioners for the services provided under the contract, the County will terminate the contract, without termination charge or liability, on the last day of the then-current fiscal year or when the appropriation made for then-current year for the services/items covered by this contract is spent, whichever occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the County shall not be obligated under this contract beyond the date of termination. 12.4 This agreement may be terminated without cause by either party with thirty (30) days written notice to the other party. 13. Non-waiver of Rights. It is agreed that County'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. 14. Subcontractors. Contractor shall be fully responsible for all negligent acts and omissions of his or her subcontractors and of persons and organizations employed by them to the same extent that Contractor would be responsible for these acts and omissions. Nothing in the contract documents shall create any contractual relationship between County and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of 6 New Hanover County Contract # 10-0009 County to pay any money due any such subcontractor or other person or organization, except as may otherwise be required by law. 15. Assignment. The parties mutually agree that this contract is not assignable and shall not be assigned by either party without the written consent of the other party and the surety to this contract. 16. Non-Discrimination. Contractor will take affirmative action not to discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the project which is the subject of this contract because of age, race, creed, color, sex, age, disability or national origin. To the extent applicable, Contractor will comply with all provisions of Executive Order No.11246, the Civil Rights Acts of 1964 (P.L. 88-352) and 1968 (P.L. 90-284), and all applicable Federal, State and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit discriminations. Violation of this provision, after notice, shall be a material breach of this agreement and may result, at County's option, in a termination or suspension of this agreement in whole or in part. 17. Familiarity with Laws. The Contractor specifically acknowledges that he has made himself familiar with all Federal, State and local laws, ordinances, rules and regulations, including all Federal and State Occupational Safety and Health Act (OSHA) requirements, which may in any manner affect those engaged or employed in the work of the project, or the materials or equipment in or about such work, or in any way affect the conduct of such work and agrees that he, his employees, subcontractors and suppliers will, at all times, comply with same. If the Contractor shall discover any 7 New Hanover County Contract # 10-0009 provisions in the Contract Documents which are contrary to or inconsistent with any such law ordinance, rule or regulation, he shall immediately give notice thereof to the County in writing, identifying any items of work affected, and he shall not proceed until he has received written direction from the County with respect to these items. If the Contractor performs contrary to or inconsistently with any such law ordinance rule or regulation without giving such notice, he shall bear all costs which are a consequence of such performance. 18. 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 WASTEC Facility Attention: Jerome Parker, Project Manager 3002 Highway 421 North Wilmington, North Carolina 28401 To Contractor: Industrial Metal Maintenance, Inc. Attention: Andrew Crist 164 John Deere Road Teachey, NC 28464 19. Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of County, and as such, Contractor, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension or retirement benefits. 8 New Hanover County Contract # 10-0009 20. Interpretation. All of the terms and conditions contained in the contract documents shall be interpreted in accordance with the laws of the State of North Carolina. 21. Entire Understanding. This contract constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. No modification or rescission of this contract shall be effective unless evidenced by a signed writing. IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given on the day and year first above written. uNTY. NEW HANOVER COUNTY AL o County Manager ~y 2 a A811SHE~~~ Clerk to the Board INDUSTRIAL METAL MAINTENANCE, INC. [CORPORATE SEAL] By: res' nt A E S retary 9 New Hanover County Contract # 10-0009 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: -7 :Z f my Finance Director County Attorney NORTH CAROLINA NEW HANOVER COUNTY a Notary Public of the State and County afores id, 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 my hand and official seal, this c. i - day of ec~e~clh G c NO TA My Comm. : N ary Public My commission expires: ~'`~"p' NORTH CAROLINA ~yti NEW HANOVER COUNTY a Notary Public of the State and County a ?ed d, certify that , came before me this day and acknowled hat ( s)he is Secretary of Industrial Metal Maintenance, Inc., a North Carolina corporation, 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. ri't L~ WITNESS my hand and official seal, this day of 2009. 7- N Wary Public My commission expires: V / 6 10 New Hanover County Contract # 10-0009 LX N 113 (`I` ~ INSTRUCTIONS M BIDDERS NEW HANOVFR COUNTY: NOR•11I CAROLINA INFORMAL DID LN1)11S1RL4.LivfAINTENA CR SRRVTCTS New Hanover County Tnvironmental Ma OEMent Attn: Temsat Horsbal1, lVF4tCTWS SPWr ~alis,'t WASTEC Facility dHR Highway 421 North Wilmington, NC 28401 Fhcmc: 910'799-4412 Fax: 410 7484409 Lanail: thersboll .c ?nhcg+ri,xom Question Procedure All questions must be in writing and should be faxed or o-mailcd to Tcrma Horaboll, Schedule Tlwdline for receipt o f pa,oposals: Tuesday, June 9, 2009 M 4 PA4 New Ihmovcr County WASTIT. AUn: Tcrrsa T4veybull 3002 Highway 421 North Wiliningtonl;C 28401 zhit;;pn+n.6y+nraUld, pharq'firerhis es MoeapiwMvb1dapo ng Prcparstiou and Submission of Sid Propas,at COmplctiun crf Rid rurm: n ids musi br on the bid proposal form, utmi uirtcd in Ibis bid patckagc; the original and one wpy requited. All pried and natoakans shall be %Titten in ink or typed. Changes or corrections mado on the Bid must be initialed by the individual shg~i~ the W. No corrections will be permitted once bids have been opened Bidder's response shall be i n strict accordance with the County's specifications. Awy bid which is not in strict accordance with the C:tmrav's speciticaiions must I ist each exception separaiely in a Icarr mubmi llaJ eb en ultawhmrnt Ln the hid Prn al. Deviations: Now Hanover County reserves the right tie allow or disallow miner deviations or technicalities should the County deem it to be to the best interest of the County. N ew Hanover County shall be the sole judge of w1un is to be considered a minor deviation or twhniealit,. T- Ioi' 10 II New Hanover County Contract # 10-0009 F.XIIIRIT -k Bidder requirmdefit#r All bidders must bn prc-tlualified in acowdanee +nith Nc v Haw vcr County's Prc-yaali5alic3n ()rdinanoc in (Woe 'k, be awarded the enntract. Pre-qualification applications may be obtained at the Comity's Lcgal Doptatmrni, 230 Divommcrtt Cenmr Ur, Suite 8125, Wilrningron, C 28403. You may call therm at 910-798-7153, fax 0910-798-7157. Submission of Bid Proposal Bids must be mccivcd by the County at the address and time upr6t%cd in the HchWula smted un page l-1. Any bids reDcivcd aster the schodWcd closing time for the rcQcipl of bids will be considered lane. Trade Secret Coofidentiality hfbmtal bids are not considered public record and arc nut available fur insTcatioms by the public until after an award decision has been made by the. County. According to Cicruxal Startutrs132 - 1.2, trade seeress conmined in a bid may be kept confidential if the bidder, at the time the bid is submittc4l, tlcsigrmlas lha.5MMt Md mquests tllnt it he kept owd'Edpnlial_ T1tis 6&111 0f privacy w611 be caonstruW as narrowly m passible ut pmtrct l}hn irkLcm ti of the Coniractnr Nwhile attempting to m xft izo tho availability of infoanatian to the public. Witdrawl of Aids Bidden may withdraw oT +rithdraw Find rcqubmit their Wd at soy 1imc prig i{, the clotting 1irnc for receipt of bids. But no bid may bo withdra%m after the scheduled closing tine for receipt of bids for aperiod of sixty (60) days. Award of Contract The award of any ocmtrwt rrsulting from this bid %vill be mask to the lowest responsible bidder, taking into consideration quality, perfarmancc and time specified in the proposal for the perfirknumee of the contract Considerations in Award of Contract In deterrii„ing the lowmst responsible bid in accordance with G.S. 143-129, the Board of Commissioners will consider, among otl= factors: responsiveness to the bid requiren7tnts. quality. perfotn once costs, and reliability. T- 2 of 10 12 New Hanover County Contract # 10-0009 1'AHI}311 A WIMBE requirements It is the police of New Hanover County that min rity ' L%q>mcn businr-ss mterprisey 11hal1 hnue rnrlximum igxrrrunity to compete for and participate in its procurement Lind ciontrzeting wfivitim. In this mgwd, ihr Cowity ha_c established an overall annual goal of 10% for dhe minority ! women business enterprise participation in various contracts- The Couaty AU exhaust all cffiorts to onwu mgr, minority : women busireas enlerprisea m wmpe'le for and perrorm this and other contracts in an cffurt to accomplish this goal, 'icw Hanover Cclunlw unit its wntra4tcIrs sh2[1 not discriminate on the basis of race, color, national origin, or scx in the award and performance of its contracts. Federal Taxes New Hanover C urAy is exempt from and vAll aut pay Federal Excise Times or Transportation 'faxes. North Carolina Salca Tarr if bidder is required to charrjp North Carolina sales tix on bidder's sales, bidder shall not include it as part of the bid price. The County will pay North Carolina sales tax over and gibove hid prices when invoiced. Price Bidder shall guararrtee the prices quoted against arts increase for whatever deliverv dare is specified and contract period required. Responsibility of Compliance With Legal Requirements The bidder's products, service and facilities shall be in full compliance with an,• and all applicable stare, federal, local.. enyimnmental ;Ind saletr laws, regulations, irdimm"s and iandards; or any cumdar& edopled hr nntii)nnlly recngnived testing facilities rcgfirdlcss of so whcihcr or not they arc wfcrnd txi in tho bid documcrrts. Indemnity CAnitractor nhall inilenirnily and hulk me C oun6y, its ugrnts rand Grnployccs, harmicss against any and all claims: dzrnandq, v u .ws of action, nr r3thcr liability, including attoaasy fees, on account of pMcmal injuries or dcutb cir on acpm n of ptmporty damages arising out of or relating to the work to be prfonncd by Con=tor hereunder, resulting from the negligence of or the willful act or I- or IG 13 New Hanover County Contract # 10-0009 l-Xf [IRIT omission of Contractor: his agents_ employecs and subr mtiactors, Insurance Contracslcar shall maintain i wan2nce timm companies licensed to write business m North Cuolina and acceptabic to Now Hanover Ci,unly c, f the kinds and irdaimum amounts specified in the contract, iYew Hanover Coarity shed[ he named es na additfvAaf insrrr ed cruder the generallidflity policy. Cerlaficato an d Notiec of Cancellation Before comrncn,;ing work under ibis ugrecmcnt, Conirae~,r shal l furnish New Tlanover Count;' with = ficawa of all insurance. mquircd in the contract agro=wnt. Ccrtificuics kW1 indicate: the type, amount class of operations covered, affective date and expiration date of all policies, and shall contain the following statement: "Thc iJW3runcc.4ovrTod by IN-i mm.ificalr.. will not be vnnwlcxl oar materially altered: except after (30) days written notice has been rmcival by New Hanover Count}." Addendum The bid paclmgr, constitutes the entire sot of bid instructions to the bidder, The County shall not be responsible for any othca instructions, vernal or uTitten. made by aayoue_ Any changes to the specifications will be in the farm of an Addendum which wil t he mailed to ail Wddem'who ere lislccl with New Tlanrwvcr (`.vunLy m htrvieg ircvivW the bid pw;kafrc, Compliance With Bid Requirements failure to comply with the.se pmvision.%or any other pnwh6on4 of the GcTwml Statutn; of North Guulina wiU rrxvll in rejection of bid. high[ To Reject Bids New Hanover Courrcy rwerves the right to reiect arry or all bide. I.- 4 of 10 14 New Hanover County Contract # 10-0009 EXIIIRIT A TECHNIM SPECIFICATIONS INDUSTRIAL MAINTENANCE SERVICES INFORMAL BID 004-0••" Scope: To secure a contractor to provide maintenance repair services during emergency shuWowns: planned shutdowns and specieI projects on an as needed basis. Requirements: The contractor shall be capable of providing a minimum of two certified code welders, two millwrights and 1 or two pipe fitters. These personnel must be available on a 24 hour -notice and working hours may vary. WASTEC may request any additional number of personnel as needed or may require only one person based on our need. All welders must be certified by WASTEC's code welding procedures if the corrtractor does not have a current "R" stamp- Proof of welding qualifications must be provided to WASTEC's Project Manager. Other maintenance amt personnel, millwrights and pipe fitters must be quallfled and proficient in their trade. Contractor shall supply all tools, welding equipment, and person) safety equipment required to perform the tasks. WASTEC does not loan nand tools or safes equipment. Prior to the start of each project task, the number of personnel required per project will be determined by the WASTEC Project Manager and is subject to change. The WASTEG Project Manager may ask the contractor to rap lacs any personnel why are deemed to be unacceptable. A!I contract personnel will sign in and cut daily on the WASTEC Contractors log located in the WASTEC control room. The contractor's on site supervisor will provide daily time sheets to the WASTEC Project Manager. Absolutely no overtime will be paid for any reason without prior approval of the WASTEC Project Manager. All contractors must be pre-quallfled to perform work with New Hanover County. All contract personnel must have a current VVACSC card or contractors must have submitted a complete copy of their company's safety manual. 1-5of 10 15 New Hanover County Contract # 10-0009 The contractor shall submit, at minimum, four worts refere nces with the proposal- References shall include the following: Name of rirm Contact Person Telephone Date of Work Description of Work/ Project Completed Amount of Contract: The amaintexpended shall not exceed $IN,000.00. It is to ba understood there is no guaFentee of using the full value of the contract. Term of Contract, The contract Shall begin on the data of execution and continue until June 30 2009, or until contract value is exhausted. Contractor Compliance Requirements: Contractor shall corn ply with the "New Hanover County Environmental Management Contractor Compliance RequirementV as attached. Conlrwfor must sign page 18 of the policy as part of the bid response- 1- 6 of 10 16 New Hanover County Contract # 10-0009 ~:~i ilFl l I Vmdoes Quote f COUNTY OF ARW WANOV7M NOW111 CAROIMA BID PROPOSAL FORM INFORM" eID #09-** MAMENANCF LABOR SERVICES Propmal due by Tuesday, June 9, 2049 at 4:34 FM. I oostify that this bid is made without prior uttdwmndi% agrcomcnt or comad oa %ith my corporation fiam, or person submitting a bid for the same smiacs and is in all YmMAs fair and without call usiun cr Auud. I undocstend toll Woo bidding is a tiialstion of ttatr and feral law and can result in fines, psisao sense xm and civil damage awards. I apoc to abbe by all mrAtiwas of this bid and mtl ly 11W I am m tborited W situ for the bidder. Bid 11mpasal U rt each applicabla j ub classification that would be uitlixd wxW this contract. 3011CLASSMCA17ON RFGIMARHOIJRLY OVERTLIIdL!lOL~RCV-] PAY: PAY: M -F 7im4pm thr lunch A44-F pau 4pm% W-Sam. i Fommem and Code W'eldem $48 - 72 - 1Vlachnmcs and fitters . $40 _ $60 _ Laborm .$27 $40.50 _ - 3 - 8 $ S / 1-.70r l1 / VA 17 New Hanover County Contract # 10-0009 Cantrnctar License s~uanher; OCIW oust (if applicablo) must be listed individually and explaincd_ Any oast not clearly itemized on this form shall be the responsibil itr of the rxwatr d or. Type of Cant DmM tioa of wbime is covered and wtea it mould a - ]Rt* f F 1 wily Urvioe This Chargc is iooluded to cover all oonsun bib duritg a iiiiUU per chargs normal wont day such as grinding whcclk pms, fllcL day. par 2 safety equiproem, glove:;, ctc. men i I Equipment Any addition equipmerst needed for special situation will Cost T-10% 1 ReOWS i bc rcdad. Example: craned, scWoldinj, lifts ctc. I Tools Al I TkW teals on site will he i%vileble for usn by Wmcc NQ Charge. cmPloyxs. , i i [-Buf 11 18 New Hanover County Contract # 10-0009 F:if?RIT A ~ S Atterltmtnaa t4 Fropo~l 1. Now Hanover Cotimty Contwtor Complianac Rcquircrunte (signed by Cantractary 2. References I Exo*tivns iv bid (ifany) hetioe to Proceed The undersigned, i r awardcd the bid, hereby agrees to exccutc a vDntraot with New Ranoycr Coumty in the farm spco iied within ten (10) days e= the award and to begin pmucw of providing the scnices listed in this bid pruposal uponreoeipt of a Purchpse Chrdcr by New HmKww County. Addendum Receipt ofihe fallauing Addendum is aclmowledged: Addendum No. Datc 2009 Addendum No. - - T7ate _ _ , 20(M i-9nf 11 19 New Hanover County Contract # 10-0009 r ~ ~ rar cfl ray!. ~ •1 az ~t2r~rzr ~ r6, .'td John D-, c'-re Rd _ ,'fnrlYr'44C`f.Cfit;cFY,~rv~t.~~~t;l.cxrm _ Mw.h Johnson & Son' Contact Person- Charlie English TeJephone:910-271-3425 Cate of Work. 1141108 Descriptlan of Wcrk1 Prrofect Completed: 5104109 Repalrs t4 oanveMs, metal fabrication. Steel supplier, and ZEP industrial supplies. Coal I C Ilna Clon P r Contact Pemn, Bnxe Kirby Telephone: 91 o-289-1816 Data of Work' 4101108 Description of Work/ Project Completed. Current Maintenance Assistance far chip burner boilers, conveyors, steel supplier, etc. Murnhy rown, LLC.: Waraaw Division Contact Person; Wayne High Telephone: 910-385-4677 Date Df Wo& 2000-2009 Description of Work! Project OompleDed current Mainrenaw* Assistance for feed Mills. steel supplier, Zep supplies, etc, Now Manover Coemy Wastec Oonlact Person, Jerome Parker Telephone; 910,-708-442o Date of Work; 710112408 Description of Work/ Project Completed: M112o0a Main oe ALALUnm eo dr&As for several years, Seal supptiv. insulwdnn SM Vloe2y CEMGr r9, arc. 20 New Hanover County Contract # 10-0009 ACRIOMM FM US& OF NE W HAWrM OOMW XQltIrIfENr This Agasmaat moat he mW eardbily od m%ud by do tmdehylllud pia to s kft mul in aai "mrrvm of bft pcmda d to inc emy sgmlpmm awahd by New Ffenorer Crypnly €ha~inalher'+ o~mp 5quipmou") in acid umad the WASTSC SMTOty- SACK OF TI16 MBRI IGN®, We him Uhasdfmd my cz ty ar j , m Wale xremmN tAedm ab an OupiDI+eO, sjaht, eomn=, cimmea or othvwlar, sod hiafhu th po MMI 9OPMMaaivae, i" and MIN MOM is iDtecisl, CWaC5ft m qpm, nllrmu grad m"" tWi; 1. Hdsbe rein, prior to do aye of say Duly '-'oqmd+ gigue amh MAW nee of maid %OFMmt. If ash, cemehaby an aftOVAWIMOru dw borate bm m mepehod mh egiipmod and that bbWw 2th aced smC vi die eeme as bdmv mfm and remombb mimd fu du pApmms of b wka we mad Me we or the W Wp<mNFo, kdo ft %'6*1ee• ff,atm)dme,hmW6ismautgDmmt.YagaipnamtsmdbsfrhmBeelserhyWaSio be am k fw,the will iomrediak ergo uft the egiipm uA aW w91 immedkWy adrfye the sogco s atllpbyaB~ptradmmd of each pmxie+ed mmde ai mdm and vAl rot mmm the oyuipmmauntilOwQa faromo®hmbeemaddesmA 2. HseYh HERBY it XASWS WAIVES AND DI CRMGM ANY CIABM Ar,Amr_ AND =%NAwm WVr TQ SUE, (4 bfewHamemCm my amd each Lis dkmmm off gm, mdamia, ampkyee;, W4 OffiNg d edifies tad peamem (eallam h* Dafane ID hm as dim 'Refaemu l *M ad for mW and di li WtW, lam ar amaW. and aay denim ar demmds Ituda oe SO ul of it dary to dw imdadp md. awry to* ae peaom he~otic reptsemm end hIs'hraAta Pm.wul cxla~eifpti+xs. hdw, aad auooeaeora u Wow ae to may pmToM or pmnom ar 3144 M4 b of by ar on befalf of ibc audevylprcd, or my ett W or Para bdshe mpmmm% In aDSjunetipd with tim tee of ComW egokmci4 whema m& bablitY. Isar ar damp is aueed by ft odiun. ombsk a, halgim e, Ut pose oeglype m Of ft Bdmaeea or atUwiw. 3- Flwle A R1ERFAY WREES TD K) M ffY AND SAVE AND HOLD RAHIW.Ci9Sy AND fxfsir WJRSIr IM RU2A M and exh of Oom ham sal for a" low Imuily, dmngs er eoyr (140w ft • rearnnable atiaaac* fm) clot Me Rekaseem army hirer doe ti tar by ldhe mdwppteed, of ay Pte. lmpmv. a khft thing ttroa tt by at in btxroll' at lbe OxturllgrA or mr ce4 or param hmwc the Fr~l eea m poet map or (many u apilK wbtbc cmatd by At am= or mod ma. mdudimg moO ram amd pm mtiOpKioe. ad my mf fire Rale,raaoa art otbawiae• 4. IMIm mpmeamta by ma or ber ire mrsdd agWp xw that lie *w"la obmi4tml dm, a wmary and apprmcm saisM end n capable of m1mg said ap *mw in a aah mda er_ t 31 21 New Hanover County Contract # 10-0009 3. I3~19ht 1~13Y eSSSL1A+II:$ FIJLZ 3ts~galg,~Ia'ry FOR, A[+ID RIS3C OF 130DILY INPUURY, DBATI1 PR MItJ'YOKMAG$ INCZli M(3 VMCLB DAIl+ME OR FAILURE. TO, MmmelAwrmatf aad nay cnW a or potsow hdrho ptprea b mkalfiog $eam lhg Mdri as bWg iW4 JM*bft W4% M= mad Smu cgpBemee,uFmgpfdyeRalta moro6mwisgimoamj®atiomwithWwbaraseof C03rdy eq AMMIL h L Wffi g tLe AMm each of the tmdeedpW Mtby tatpreae[y a0kW9A0QL6lh t bDiajumes rearmsd ne dmwo to prapmy or vchkLm may be eoago®ded or increased by nepl4o mm ope[eri m or proestaes eRlhe Ttele om. d. RiMs cgmm y s JMWNIX40 and 88MV3 d w dw rorepoiog rew, giver and b&MRKY pmvleitlm av iAWOY d Ib be m bard and jacluolve = Jr pmfift ed Iry kw ad the ala* 3n whkh ilmr Wd 9Gt8, kdm ibw kml~ elmmrrs and demmdha im% we u mdkwW. rod tW ifmW portion gflhM A&mwk d is bc1d invalid, it 1s a6m d Ow The Lulaars of the ABmae.aWK rball. WmiIEMlrad & mutimm is fbU Owl hm raw COML THE UKDEMONE3D fIAC RFAU AND VOLLINTAMY SIQMS THIS CONSI f. RM2AS& WAVER OF L.IA MUN AND lr IW.MNFTY AoREBmENT, AND PUf[ifieR AMm THA-r No ORAL AEPEESEnA?Io . STATF3Am s OR MMUCEdlEM APART FROM THE FOR3°JOQIlY{r WRn-M AOREDIENT HAVE BE6MrMADE. TESAv=mcatA 40 ooudpn Wpwpduity. (If MW of the tmdetsrpw is mda am ague a f aho m (11r 6 a?NMI ar k* Saardim of each uWaW80d mums also rlpa du Awav M wad is m dpoE onwau this A&Memm For 3tm=WmW each remora -..1~2t~*Cs~ fifr5 SMNAWRE PRiETI'f3D HAAG Drthc a 32 22 New Hanover County Contract # 10-0009 CONTRACTOR AGREEMENT TO COMPLY Sckn a representative of 4didzk ~l~r~ar.,r~ ft hereby edge my company has rhoce~ugd a PeCk►nned on No w Hgncver Cou wpy of the guideiinas govarnhV contr&ct work prOPerty. It IS agreed that a$ pert of the a ~ar#0nipof and ite it ernplWl sw1fl ill gea~ent wRh thesis guideifnes and arl the written rgrns which mp comply Prog *ply to the work being nq 1p pertarmed. Sipn®d CDab. Please MUM this signed page along with a Copy of the Words requested, on page 6 of Iris document and include a copy of the past 2 years OSHA 800-A ktg. Return with to the designated NHC Department of Environn*ntal Management Project hinnager or bid co- OrdFn~QQr. 98 23 New Hanover County Contract # 10-0009 R -20 0 0 o v o a 0 n o a 0 r- I: S 0 0 0 O 0 0 O 0 0 ra J is o g 1 g m o rl ci o o 0 o ma r o} n 0 G G7 o a o 0 o n o 0 0 I~ ~ ~ a~~ ~ I l l l f~ I f f I I I I~ i a a g l I l l l i l l l l!! I I I ~ p ;~~~$oooo~~oaaaeofl fi ~~~~oors~aaQOOQOao ~ YCF~Od0Q000130513 IF lit ~~vo©onr ar ooaot I 1 s t4 IAL id 21 "AR 11 lid I1il 11 1111 Ci! a ~~x ~I 24 ACORD CERTIFICATE OF LIABILITY INSURANCE 06/0212 PRODUCER I Tw CBti1PICATE IS ISSN AS A MATTER OF IWOMATION ~ ADVANTAGE INSURANCE AGENCY INC ONLY AND CONIFE 4 NO RI KS UPON THE CBMF;CATE 222 BRYNN MARR ROAD ALT TCBri BLOW BRYNN MARK PLAZA GE JACKSONVILLE, NC 28548-5705 NSUUvwfi EIaul~ea NA S INDUSTRIAL METAL MAINTENANCE INSURER CA&ALTY CO 23612 s 164 JOtN DEERE ROAD INSURMt NCE COCvPANY 24015 TEACHEY, NC 28454- INSURER ALTY c~aMRnNr 20 INSLIRER,4NCECAA~Pi4NY A4- 41297 INSURER covmAQw THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING 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 SYMSJECTTO ALL THE TERMS, E)CLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - 17 LTR TYPE POLK:YMWIBBC B ~ Ci@I~AL LINBE.RY LAM CPS03816-04 05/17/2009 0&1712010 ~MO~~~E s 1 000 Oa COMMERCIALGENOM UABKM CLAIMS MADE (X] OCCUR 100 000 5,000 l'ERSONAI&ADVANJURY 1000,000 CiEMLAOGREGAIEUMITApPUE3PER I GENERALACATE s 2000000 X POLICY PRODUCTS -COCCPYOPAGG s 2000 000 LOG C , AUSaMOaa~LkBlLnr , SCA000318 0823/2008 08232009 ANYAdrrrd COM9tCEDSINGLEI~IIT AWAUTO (Esaaidsq $ 11000,000 SCHEIXMAUTOS I I80OILYp-"INURY i j X KM AUTOS X NON-OAN®AUTOS (BODLYNJURY , s D AMAGE i GARAGE Lu,ei.m _ ACJTOONLY-EAAGxIDEINi' i ANYAUTO i _ OTHER THIM EAACC S AUTO ONLY: AM i D ° XLS0003136 5/172009 5117!2010 +a uRRENCE $ - O=JR a CLAIMS MADE AGGREGATE $ DEDUCTOLE s - _ RETENTION i S A wORKWACOMP@iEMMAND s EmPlAyow ulna m BNUYUC0109877 5212008 5212010 T s APR 1 E.L. EACH ACCIDENT s 700,000 F aeovtEMBEr YES onsoSE-EAEMPLOY6E 500,000 sew PRavISIONS wI "71 I EL unm DMEASE-POLICY uMlr 100,000 I OMCMIPTIONOPOPERATOMILOCAVMSIVBHIC IEWAUSONSAODW9YM1oORSB FMrlgnl=LPROVMMU PLUuBNG AND 8HlEE AerAL VMW. HANCJVH2 Wt1MRY M8= IS AN AD INSURED UNDER NORT}FB,D CGL POLICY 4 CP503816.04 I CERIFICATE HOLDER CANCElATgN NEW HANOVER COUNTY WASTEC arHWWMYOFlMEAeM PMXMB CANMIEDDLroMETHLIEWInA M 3002 HWY 421 NORTH DATE TKINW, THE WI SIG VMRER MA.L ENDMI;AUOR TO MAR DAYS wrm~ ! V"INGTON, NC 28401- NOTICETOTHECERIFICAT@HOLDMMAMEDTOTHELWr,@WROWaTODOSDSK4LL { NPONNOCOUGATIONORLMBILITYOFAWYKM-UPOMTHENW%l ,ITSAI') MOR it REPROICTATM FAX (810) 7884409 AUTxoRrno RlCTAT AC=25 (2001/ ®ACORDC TiON 1588 `Nh'1Y. O 3 2 A E115[t5i 1» NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU SHARON J. HUFFMAN Deputy County Attorney Assistant County Attorney July 22, 2009 Industrial Metal Maintenance, Inc. Attn: Andrew Crist 164 John Deere Road Teachey, NC 28464 RE: New Hanover Contract # 10-0009 Dear Mr. Crist: 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, Z to t . R.:l unt p Margaret R. 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 WOW- New Hanover County Routing Slip Contract # Department Acct. # Initials Date To: Risk Manager Grants Coordinator Finance Director - County Manager Commission Chairman Clerk to the Board County Attorney 1 From: Legal Dept. Date Re: Contract for/Dept. _