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07-0105 NEW HANOVER CXlUNTY CDNTRAcr # 07-0105 CORPORATE OFFICE: 4461 COX ROAD GLEN ALLEN, VIRGINIA 23060 . (804) 935-2000 Service Agreement Effective Date: ChemTreat, Inc. agrees to provide services, chemicals incidental to such services and certain items of equipment to Customer for a period of (36) months from the above effective date as desctibed in the following program summary: Ship To: Bill To: New Hanover Co. Wastec Facilit;y 3002 Hwy 421 N. Wilmington. NC 28401 New Hanover Co. Wastec Facilit;y 3002 Hwy 421 N. Wilmington. NC 28401 For this program, Customer agrees to pay ChemTreat, Inc. the annual sum of ninety two thousand one hundred and ninety nine and 96/100 Dollars ($92,199.96), in (12) montWy installments at the rate of $7,683.33 for a period of (36) months with the option to renew for (24) additional months as described on the preceding page, according to invoices rendered by ChemTreat, Inc.; such invoices to be paid by Customer in advance. State and local taxes will be added to each invoice unless a tax exemption certificate is submitted to ChemTreat, Inc. Customer and ChemTreat, Inc. agree that the ultimate success of any water treatment program provided by ChemTreat, Inc. to Customer hereunder is dependent on diIigent application of ChemTreat, Inc. program by Customer in full accordance with recommendations made by ChemTreat, Inc. during ChemTreat, Inc.'s normal service visits. Failure of the Customer to diIigendy follow ChemTreat, Inc.'s recommendations may lead to the failure of such program. ChemTreat, Inc. will accept no responsibility for any failure caused by whole or part by Customer's lack of diIigence or failure to follow ChemTreat, Ine.'s recommendations. 45 ChemTreat, Inc. will be responsible for reasonable diIigence and care in providing its program hereunder. ChemTreat, Inc. will not be responsible for failure or delay in providing its program due to any act or circumstance beyond its control. ~tnder no circumstances shall either ChemTreat, Inc. or Customer be liable to the other for any Ulcldental or consequentIal damages even If adVIsed by the other party of the possibility f the same. NEW HANOVER CXlUNTY CDNTRAcr # 07-0105 This Agreement may be terminated by either party upon 30 days prior written notice to the other. In the event of termination of this Agreement, Customer shall pay ChemTreat for all existing chemical inventory that is on site on the effective termination date, per the terms of the service agreement. Customer By: Briant Wilder (printed Name) By: Tide: (Si e) ~^"L-~"'l. ~I/ (printed Name) . (' 0 uJ.\)- YV\ A.., A61.-t Tide: Area Manager fL,vu9~ i1/~lo<O ~NSTRUMENT HAS BEEN PRE-AUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND ASCAL CONTROL ACT. b. rz;.~m.~ (1 NEW HANOVER CXlUNTY CDNTRAcr # 07-0105 On February 02, 2006 ChemTreat made a preliminary assessment of the New Hanover County Wastec Facility in Wilmington, NC. The visit was made at the request of Mr. Gary Hughes, Wastec's Plant Manager. The facility had experienced a sequence of water related failures in a variety of operating systems. Mineral scaling and corrosion resulted in boiler tube failures and condenser leaks which reduced the plant's efficiency and availability. A six month interim contract was agreed to in order to expedite the work that would be required to reverse this trend. A great deal of progress has been made thus far and there is more that remains to be accomplished. At Wastec's request, ChemTreat, Inc. is pleased to offer Wastec a Continued Seroices Contract. The contract will be effective for (36) months with an option to renew for an additional (24) months. The contract will be for the water treatment services and products required to accomplish the objectives as oudined. o On site services o Operator training o Confirmation testing o Procedures evaluation o Systems diagramming o Staff technical support o Equipment recommendations o Analytical support o Water analyses o Mineral scale analyses o Metallurgical analyses The cost for ongoing water treatment services and products is as follows: Annual Cost MontWy Invoice Chemicals & Services $92,199.96 $7,683.33 After (36) months, the site will have the option of renewing the contract for an additional (24) months. A review of services may be conducted at this time and, if applicable, annual costs may be adjusted. If the Chemical Price Index (CPl) exceeds 3% by the time for renewal, a price increase consistent with the CPI may be taken. At the end of the contract term, the site shall own all the water treatment equipment and systems with the exception of returnable items such as intermediate bulk tanks (IBC's). Invoicing will simply reflect the annual cost invoiced in twelve equal montWy increments. The Services Agreement (attached) reflects what we have discussed and may serve as a basis for moving forward. Briant Wilder will continue as your service representative and account manager during the term of the contract. He will manage ChemTreat's business relationship with Wastec during the contract term to develop and implement action plans that return value to the site by reducing maintenance costs, down time, and equipment failures. He will implement training, sound engineering consultation and services, as well as appropriate chemistries and technologies to optimize the site's efficiencies. This will include NEW HANOVER CXlUNTY CDNTRAcr # 07-0105 ongoing water analyses, metallographic analyses, corrosion studies, deposition monitoring, detailed systems diagrams, treatment chemistries, testing protocols, recommendations for improvement, and improvement projects. We have enjoyed our relationship with Wastec thus far and are looking forward to working with the site to improve your systems, your efficiency, and ultimately, your value to New Hanover County. Please don't hesitate to call on us at any time. Service is the most important component of water treatment. NEW HANOVER CDUNTY CDNTRAcr # 07-0105 CORPORATE OFFICE: 4461 COX ROAD GLEN ALLEN, VA 23060 . (804) 935-2000 New Hanover County Wastec Facility Boiler & Cooling Water Treatment August 15, 2006 Prepared by: Briant Wilder Area Manager Review By: Jeff Hawkins Account Manager Jack Wilder Account Manager Distribution: Teresa Horsbol! Purchasing Manager Ray Church Director AI Canady Plant Manager Jim Pennebaker Operations Manager NEW HANOVER CXlUNTY CDNTRAcr # 07-0105 . . ================================================================================ 28401 Requisition 00002321-00 FY 2007 Acct No: 70080500-700590 Review: Buyer: thorsboll Status: Allocated Page 1 Bill To WASTEC ENVIRONMENTAL MANAGEMENT 3002 HIGHWAY 421 NORTH WILMINGTON, NC ================================================================================ vendor CHEMTREAT INC 4461 COX ROAD Ship To WASTEC ENVIRONMENTAL MANAGEMENT 3002 HIGHWAY 421 NORTH WILMINGTON, NC 28401 GLEN ALLEN, VA 23060 Delivery Reference TERESA Date Ordered Ivendor IDate I Ship Number Required Via I Terms I Department 08/08/06 1016483 106/30/07 IN30 IENVIRONMENTAL MGT WASTEC OP LN Description / Account Qty 10.0 Each Unit Price Net Price 001 WATER TREATMENT SERVICES FOR COOLING TOWERS AND BOILERS AT NEW HANOVER COUNTY WASTEC. THIS PURCHASE ORDER REFLECTS MONTHLY CHARGES FROM 9/1/06 THROUGH 6/30/07. Additional Description Notes 7683.33000 76833.30 AT THE ONSET OF THE NEW FISCAL YEAR JULY 1, 2007 ANOTHER PURCHASE ORDER WILL BE WRITTEN FOR THE CONTRACT AGREEMENT FOR THE NEXT 12 MONTHS. THE CONTRACT IS A 36 MONTH AGREEMENT WITH THE OPTION TO RENEW. 70080500-700590 76833.30 Bid Number: o Requisition Total 76833.30 ***** General Ledger Account 70080500-700590 ENVIRONMENTAL MGT Summary Section ***** WASTE OPS Amount 76833.30 SUPPLIES-MATERIALS Remaining Budget 194875.86 Date: Authorized By: ~ Slgnature , . . . 3002 US Hwy,421 N Wilmington NC 26401 910-798-4412 phone 910-341-4172 fax New Hanover I County WASTEC j Memo To: Becky From: Teresa Horsboll, WASTEC cc: Date: August 17, 2006 Re: ChemTreat agreement Becky, This agreement needs to be in place by Sept. 1,2006. Lena is aware of this service agreement and has given verbal approval to proceed. Please route this for signature on an expedited basis. Thank you. 'j '. / / \, " DE'PAR:rMENT ACCOUNT #: :;:Pc. (J GO (' Vv d,- CONTRACT # fYl- 011)5, , ';' '( GRANTS COORDINATOR NEW HANOVER COUNTY CONTRACT ROUTING SLIP . INITIALS DATE "'- A\ it.<.R S~{, TO: \i.-FINANCE DIRECTOR (TCOUNTY MANAGER ~$ 11Lt ----- COMMISSION-GHAIRMAN- Gl::ERK4'O'THE-B0A:RB- \ .> -U!h- !!/1- ''\ G'COUNTY ATIORNEY FROM: LEGAL DEPARTMENT DATE 6- 2l\ - 0(0 ~~s~ . , -. RE: CONTRACT FOR , C \-U (\ \ {(P " i- \F\(' , tv {~',g.. - UJf\:.., \LC-. \ / ., DEPARTMENT ACCOUNT #: ," COUNTY MANAGER INITIALS DATE ,\.\.' \' ''/J'd,,/' ---~ 'llz, - CONTRACT # . '! GRANTS COORDINATOR NEW HANOVER COUNTY CONTRACT ROUTING SLIP TO: FINANCE DIRECTOR .r- , -.COUNTY ATTORNEY ---1J& 0/'30 ...~~~ ~ COMMISSION-eHAIRMAN- CLERK TO THE BOARD- FROM: LEGAL DEPARTMENT DATE RE: CONTRACT FOR 3002 US Hwy,421 N Wilmington NC 26401 910-798-4412 phone 910-798-4409 fax New Hanover County WASTEC ... Memo To: Diane Morgan, Legal From: Teresa Horsboll, WASTEC CC: Date: October 29, 2007 Re: ChemTreat, Inc. change order Diane, Please route the attached change order to ChemTreat Inc. contract 07-0105. Account #70080500-700590. We need this in place as close to Nov. 1 ~ as possible. Thank you. 1 NEW HANOVER COUNTY CHANGE ORDER ORG 70080500 OBJ 700590 DEPARTMENT: W ASTEC CONTACT PERSON: AL CANADY t TERESA HORSBOLL DESCRIPTION: WATER TREATMENT CONTRACf CONTRACT NUMBER: 07-0105 SEE ATTACHED DOCUMENTS FROM CHEMTREAT. ChemTreat, PO # 20080080 Inc. is proposing to lower their annual rate by $9,594.66, and also to extend this offer for an additional 12 months. CHANGE ORDER NUMBER: 01 ARCHITECI': nla INITIATION DATE: Oct. 22, 2007 This change order is to decrease our annual water treatment expenses and to extend the term ofthe contract, between New Hanover County W ASTEC and Chemtreat, Inc., from 36 months to 48 months. After one year of contract service, Chemtreat has reviewed W ASTEC's water treatment requirements and determiued a cost savings of $9,594.66 per year, effective Nov. I, 2007. Chemtreat is proposing to add another 12 months to the existing three year contact. Therefore: 1. existing contract for a 36 month term, $92,199.96 per year, or $7,683.33/ month for 36 months. 2. change contract to $82,605.30 per year, or $6;883.78 per month, for a cost savings of $27,984.25 over the next 3 years. 3. 13 months @ $7,683.33 have already been paid on the existing contract. 4. extend the term of the existing contract from 9/112009 to 9/112010. Not valid until signed by both the County and the Provider. Signature of the Provider indicates his agreement herewith, including anv adiustment in the Contract Smn or Contract Time. $ 276,599.88 $ 0 $ 276,599.88 $ 176,716.59 $ 64,215.71 $ 340,815.59 These changes and the work affected hereby are subject to all terms and conditions of original contract # 07-0105. PROVIDER ACCEPTANCE: I certi/)' that my bonding company will be notified forth-with that my contract has been changed by the amount of this change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety. BYJtc-'.1 t1/d~ Stgnature ) Date: loll.-~/07 , NEW HANOVER COUNTY ACCEPTANCE: This instnnnent has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. BY:~'L M>2.. jUt- Date: II/ '2-/ (J 7 County Finance Director By: Date: "1t.-/,,.'1 .. , Type or Print Name: Title Approved as to Form .,h\~ 'vi County Attorney Date,J1( 7 ( cJ I ORIGINAL CORPORATE OFFICE: 4461 COX ROAD GLEN ALLEN, VA 23060' (804) 935-2000 New Hanover County Wastec Facility Water Treatment Contract Revision October 18, 2007 Prepared by: Briant Wilder Area Manager Review By: Jack Wilder Business Manager Distribution: Teresa Horsboll Purchasing Manager AI Canady Facilities Manager Frank Benegasi Operations Manager Summary of Revision After an atl1'\pa/ contract review which addressed chemical use, service requirements, and improvement projects, we have recommended that the contract be revised to reflect the sites current conditions and requirements. 'fhe ol>jectives of tjJ.e revisions are as follows: 1. Provide a cooling water treatment solution that enables tlw site to meet performance objectives, safety goals, and impending environmental regulations. 2. Reflect savings achieved through NHC Wastec's continuous improvement process. T4e effects of the proposed revisiop. are as folJows: . T\le annual contract cost will be reduced from $92,199.96 to $82,605.30. . The montWy invoice will be reduced from $7683.33 to $6883.78 . TPe contract term will be extended by (12) months to 09/01/10 . ChemTreat will provide a struc1:u!e for the installation of a coq~ water chemical feed aqd control system. (10' x 20' Modulaire fiberglass w / roll up door per quote) , Chem Treat will provide the reagents which are used to conduct water treatment testing. . ChemTreat will maintain a bi-weekly service schedule. The benefits to the site will be cost te1fuction, improved safety, and asset protection. The contract cost reduction was based on actual chemical use, predicted future use, service requirements, and regulatory imperatives. The annual savings to the site is $9,594.66. the revised treatment scheme will enable the site to discontinue the use of sodium hypochlorite (bleach) which yields an additional $3428.00 in annual savings (based on the cost for bleach during the past 12 months). Eliminating bleach as a component ofWastec's cooling water treatment meets other objectives: , Bleach elevates pH which must t/).en be depressed with acid. The elirnination of bleach means that less acid is used which means less acid is purchased, stored, and handled. This increases safety and fC4uces conductance (sulfittes) in the recirculating cooling water. . The contribution to the conductance of the recirculating water is reduced with the elimination of bleach which means that the cooling towers may be cycled up with an increase in efficiency. . Chlorides in the recirculating cooling water are gready reduced with the elimination of bleach which contributes to improved corrosion control and extended equipment life. . Without a reqJ.lirement for bleach, two storage tanks are eliminated, truck trafjil: is reduced, the potential for an accident or safety incident is reduced and environmental reporting is simplified. HellHcals 8< Services Annual Cost .. MontWy Invoice $82,605.30 $6883.78 The Services ~Cenl~'l.t (artacjled) reflects wjtat we have proposeq auf! may serve as a pasis for moving fQtw'l!q. 1'le'lse qOIj't jlesitate to call on us at allY time. Service is the most lwpPl1fIM compP!l!!llt of watef tr""ltfllellt. CORPORATE OFFICE 4461 COX ROAD GLEN ALLEN, VIRGINIA 23060 . (804) 935-2000 Service Agreement Effective Date: 11-01-07 ChemTreat, Inc. agrees to provide services and chemicals incidental to such services to Customer for a period of (36) month from the above effective date as described in the following program summary: Ship To: Bill To: New Hanover County Wastec 3002 Hwy 421 N Wilmington. NC 28401 New Hanover County Wastec 3002 Hwy 421 N Wilmington. NC 28401 For this program, Customer agrees to pay ChemTreat, Inc. the total annual sum of eighty two thousand six hundred and five and 30/100 Dollars ($82,605.30), in 12 installments at the rate of $6,883.78 for a period of (36) months with an option to renew for (24) additional months, according to invoices rendered by ChemTreat, Inc.; such invoices to be paid by Customer in advance. State and local taxes will be added to each invoice unless a tax exemption certificate is submitted to ChemTreat, Inc. Customer and ChemTreat, Inc. agree that the ultimate success of any water treatment program provided by ChemTreat, Inc. to Customer hereunder is dependent on diIigent application of ChemTreat, Inc. program by Customer in full accordance with recommendations made by ChemTreat, Inc. during ChemTreat, Inc.'s normal service visits. Failure of the Customer to diligendy follow ChemTreat, Inc.'s recommendations may lead to the failure of such program. ChemTreat, Inc. will accept no responsibility for any failure caused by whole or part by Customer's lack of diligence or failure to follow ChemTreat, Inc.' s recommendations. ChemTreat, Inc. will be responsible for reasonable diligence and care in providing its program hereunder. ChemTreat, Inc. will not be responsible for failure or delay in providing its program due to any act or circumstance beyond its control. Under no circumstances shall either ChemTreat, Inc. or Customer be liable to the other for any incidental or consequential damages even if advised by the other party of the possibility of the same. This Agreement may be terminated by either party upon 60 days prior written notice to the other. In the event of termination of this Agreement, Customer shall pay ChemTreat for all existing chemical inventory and outstanding balance on equipment that is on site on the effective termination date, per the terms of the service and equipment agreements. Customer New Hanover Cty. Wastec ChemTreat, Inc. By: By: r~j~ (Slgtlature) Briant Wilder (printed Name) (Signature) (printed Name) Tide: Tide: Area Manager CORPORATE OFFICE' 4461 COX ROAD GLEN ALLEN, VIRGINIA 23060. (804) 935-2000 Program Summary This contract will provide ChemTreat, Inc. equipment for those systems defined below. Any other systems, products, or equipment are not included in the price of this contract Cooling Water Systems No. of Loops (2) ChemTreat, Inc. Products CL2187,CL2156,CT30 Mechanical Equipment (1) Modulaire fiberglass 10' x 20' structure (2) Walchem cooling tower controllers (2) Walchem ORPs (6) Chemical metering pumps Tesring Equipment N/ A Reagents/ Solutions Hach & Taylor reagents as necessary rocess the contract. "~m1ieat,lnc. CORPORATE OFFICE"" 4461 COX ROAD GLEN ALLEN, VIRGINIA 23060' (804) 935.2000 Equipment Agreement 1. Equipment listed in the program Sllmm"ry and provided by ChemTreat, Inc. hereunder shall remain the property of ChemTreat as components of the lease arrangement. If the contract is terminated prior to the end of the building lease, NHC Wastec will be responsible for assuming the lease or paying whatever costs are associated with early termination of the building lease. 2. During the contract term, equipment and structure shall be used only in conjunction with Customer's use of the ChemTreat, Inc. chemicals specified on the previous page hereof, and Customer agrees not to introduce any other material into equipment. 3. ChemTreat, Inc. makes no representations, covenants, warranties, or guarantees on equipment, expressed or implied, other than those expressly set forth herein. CHEMTREAT. INC. HEREBY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILIlY AND FITNESS FORA PARTICULAR PURPOSE. In no case shall ChemTreat, Inc. be liable for any incidental or consequential damages including, without limitation, damages for loss of product, lost profit, plant downtime, etc., even if ChemTreat, Inc. has been advised of the possibility of the same. ChemTreat does hereby agree to transfer to the customer any assignable warranties on eqnipment purchased by ChemTreat for the customer 4. Customer shall install and provide necessary utilities as specified by ChemTreat, Inc. for the term of this Agreement and, in addition, will provide equipment and structure with shelter, tank pads, spill protection, foundations, etc., as appropriate. Customer shall receive, unload, and place equipment at no cost to ChemTreat, Inc. 5. Customer agrees to assume all risk of liability arising from or pertaining to the possession, operation, or use of such equipment. 6. Customer agrees to defend, indemnifY, and hold ChemTreat, Inc. harmless from and against all losses, claims, suits, etc., based upon personal injury or damage to property arising out of Customer's use or handling of the eqnipment provided hereunder to the extent that such personal injury or damage does not direcdy arise from the negligence or intentional misconduct of ChemTreat, Inc. 7. Customer agrees to allow ChemTreat, Inc. to subcontract porrions of work to be performed under this Agreement provided that the subcontractor shall be acceptable to Customer. ChemTreat, Inc. reserves the right to use non-union labor for supervision, tesring, and service of equipment. Customer agrees that ChemTreat, Inc. shall have the right to inspect and service equipment during all normal business hours. 9. Termination of this Agreement shall not affect monies owed by one party to the other with regard to installed equipment. 10. Customer agrees to inform ChemTreat, Inc. of any special or unusual safety precautions that should be taken because of conditions in Customer's plant or process. 11. This Agreement shall be construed under the laws of the State of Virginia. By: By: ChemTreat, Inc. 1,td-I1ML (Stgnature) Briant Wilder (printed Name) Customer New Hanover Cty Wastec (Signature) (printed Name) Tide: Tide: Area Manager