09-0234
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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.
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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.
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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
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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.
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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
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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
-..",~
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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
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'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 ~
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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)
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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
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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
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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
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