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10-0008 New Hanover County Contract # 10-0008 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 UNITED INSULATION CO. OF WILMINGTON, 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 perform industrial insulation services at the New Hanover County WASTEC Facility for fiscal year 09/10 in accordance to Exhibit "A", attached hereto and incorporated herein. Contractor shall provide materials and labor for insulation of power plant boilers, hoppers, steam lines and heat traced lines. Contractor is to report daily to WASTEC Project Manager, Jerome Parker. Contractor shall provide WASTEC with a copy of its safety manual and the past two (2) years of its 300-A log per the Contractor Compliance Requirements. There will be a required safety briefing between the employed contractors and the WASTEC Project Manager and/or DEM Safety Director at the start of each project. 2. Time of Performance. Contractor shall commence work July 1, 2009 and all work shall be completed by June 30, 2010. 3. Pa ryment. County hereby agrees to pay to the Contractor for the total cost of this contract, a sum not to exceed Eighty Thousand ($80,000.00) Dollars. Payment is Page 1 of 21 70080600-700000 dm ORIGINAL. New Hanover County Contract # 10-0008 contingent upon a final County inspection and acceptance of work. 4. Extra Work. County and Contractor shall negotiate and agree upon the value of any extra work prior to the issuance of a Change Order covering said extra work. Such Change Order shall set forth the corresponding adjustment, if any, to the Contract Price and Contract Time. 5. 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. 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, 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 Page 2 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 insurer within thirty (30) days of the signing of the contract between the Contractor and the County. 8. 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. 9. 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. 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 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. 11. 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 Page 3 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 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. 12. Contractors Installation Floater. Contractor shall provide property insurance on all acquisition, construction and equipping of it (excluding contractor's tools and equipment) at the Site on which it is located at the full and insurable value thereof. Said insurance shall include flood and wind coverage. This insurance will include the interest of the County and the contractor as additional insureds; and shall insure against "all risk" subject to standard policy conditions and exclusions. Contractor shall purchase and maintain similar property insurance for portions of the work stored off the site on which the Project is located or in transit when such portions of the work are to be included in an application for payment. Contractor shall be responsible for the payment of any deductible amounts associated with this insurance. 13. 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. 14. Warranty. The Contractor warrants to 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 work, that any and all materials and equipment furnished will be of good quality and new unless otherwise Page 4 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 permitted by this contract, 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 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. 15. 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. Page 5 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 16. Termination For Convenience. County may terminate this Contract for convenience at any time and without cause. 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. 17. 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. 18. 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. 19. 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. 20. Entire Agreement. This agreement constitutes the entire understanding of the parties. 21. Binding Effect. This contract shall be binding upon the parties hereto, and its heirs, successors, executors, administrators and assigns. 22. Further Actions. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of this contract. 23. Inclusive Terms. Use of the masculine herein shall include the feminine and neuter, and the singular shall include the plural. 24. Governing Law. All of the terms and conditions contained herein shall be Page 6 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 interpreted in accordance with the laws of the State of North Carolina. 25. 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 Facility Attention: Jerome Parker 3002 Highway 421 North Wilmington, North Carolina 28401 To Contractor: United Insulation Co. of Wilmington, Inc. Attention: Michael Ellington 2010 N. Kerr Avenue Wilmington, NC 28405 26. Assignability. 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. 27. 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 seals, the day and year first above written and by authority duly given. NEW HANOVER COUNTY [SEAL] County Manager Page 7 of 21 70080600-700000 dm Go'0N; Y ^'o ew Hanover County Contract # 10-0008 ATTEST: o < o 3~ ~ a2 ti Clerk to the Board w •FSTABLISVA ~`ONCO.OF4. a coQPCggm c UNITED INSULATION CO. 0 1983 z OF WILMINGTON, NC. r [COR ESC .o'er N.C. By: - ~ ATTEST: Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. A oved as to form: 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. b~- WITNESS my II , hand and official seal, this day of r~ C;omm c Page 8 of 21 ~xpi~es _ 70080600-700000 3/2412011 New Hanover County Contract # 10-0008 Notary Public My commission expires: NORTH CAROLINA NEW HANOVER COUNTY 1, , a Notary Public of the State and County aforesaid, certify that , came before me this day and acknowledged that (s)he is Secretary of Unite Insulation Co. of Wilmington, 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. WITNESS my hand and official seal, this l3 - day of , 2009. Notary Public My commission expires: ~0 s _ UZ r A/'Z= 00 Page 9 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 Page 10 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 LX H 1131 t A INSTRUCTIONS TO 13IDDIrRS NRW HANOV EiR COUNTY, NORTH CMOUNA RST-ORMAJ. BID 1?.'DUSTRTAI. TNSIMATION SERVICES New Hanover County Environmental Managcincut Attn: Tema I lomboll: Materials Specialist IWASTFC. Fucilily 3002 Highway 421 North 1Vilmingwr42;C 28401 Thor , 910 798-4412 Fax, 910 798-W9 Email; tJwrsbollnhctu:n Question Fraecdure All gLICS13011.; must he in writing and should he faxed ar &rneiled w Teresa 1 Tors. boll. Schedule Ueudline for receipt of proposers: Tuesday, June 9, 2004 at 4=10 P.M Nr,w ILu3ovtr County tiUASTFC Attn: Tcrcax Huruboll 3002 Highway 421 North Wilmington NC 284L~01 L M&P & an !F{f,)Pmd hid fA .w.fArt MIN is JUd a f)MUk hid r{riei:iA Preparation and Submisilon of Sid Pro"nl Completion of Bid Norm: Bids must be on the hid proposal form. contained in this hid packr,gc; the oeiSinal =done copy required. All prices fetid nalntitms skull he written in ink or typed, Chan s tir t Orrrgtions made tin the 1.3X1 muat be irLtialcd by tha individual sigiu~ the bid. No wrrcctivm will be Fnnultcrl onm hills have bccu opened. Bidder's response shall be in strict accordac= with the County's spocifications. Any bid which is not in strict accordance Aith the C'ounWs spocifications must list each cxocption separately in a letter submitted as an attachrnem to the did Proposal. Nyiatiuns. Ntpkv I unkivcr County rcwTvcs [hc righ4 w allow or disallow manor dcwiatiow or tcchni"itics should the C'.utmty deem it to be to the best interest of the Counry. New Hanover County shall be the solc.iudgc of what is to be considered a minor deviation or technicahty. I- lOf 9 Page 11 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 FkiflBll A Ridder requirements: All bidcic" must be pre-qualitied in accordance with New itianvver County's Prc-qualifwc on Ordinanco in crdcr to be aveurdad the contract Pre-qualification applications maybe obtained at the County's Lt l Dcparlmcnl, 230 Govamrnant CGntcr Dr, Suite ?125, WiLniugn.)i4 NC 28403. You mar call them at 910-79$-7153, fox ;'91 U 798-7157. Submission o113id Proposal Bids must be received by the C aunty at the address and time specified in the whedule stated on page I-1. Any bids rocctved 4ftcr the whcdU1cd,0r),gng lime. (4r tLe receipt of bid5 will be considm-A fate. Trade Srerel LbitildekaWity Infomal bids are not Qongidered publ ie record and ore not available fix inspections by the public [,aril aitur an awwd dwision has been made by the Cuunty. Acwrding to Gcaeral SlrtlalU5132 - 1?, trade secrets contained in a bid amy be kept confidential if the bidder, at the time the bid is submutted, designates the secret and requests that it be kept confidential. This tight of privacy will he con trued as narrowly as pwible to protect the i were..sts of the C ontractnr while atlcnrpting to rnaximivie the availability of inRi motion to the public. WltdrawL of Bids Bidders may withdraw or withdraw, and resulmnit their I)id at any [late prior to the closing time for receip[ oCbida. But no bid may he withdrawn after the Scheduled vloxing time Rir TCMipt vC bids for a period of sir, y (60) days. Award of Contract The alawd of any oantract resulting tiom this bid will he made to the Inwest,etyponsihie hidEler, (41cing into uinnideration quality, perforrnancc and time VucitiW in the proposal for the performance of the oontract. CoasiEW-rations in Award of C:untruct In dct«mining the lowvst n*ponsiblc bid in accordancc with G.S. 143-129, the Board of Commissi ones will consider, among other factors; ncsponsivcncss to the bid requiremcnts, quality, perfiotmance, costs, and reliability. 1-2 of 9 Page 12 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 WI MBE mquirementa It is the poliov of Ncw Hanover County that minority J women business enterprises shall ha-t%: inamm ml oppottrmily to compow for and psuii6jm" in itn procurement and contracting activities. In this regard, the County has csWNished an overAl annual goal Of 10% for die minority 1 women business enterprise participadon in various cvnira&-t. The C Punly will exhaust al l efl(rrts to euco wage minority i worncn business enterprises to compete for and perform this and tither cantrwu in an effort to aconmplish this goal. New ldanovcr County anal iLS cOntnidurs shrill not diacritninate an the basis of race, color, national origin, or sex in the award and pLT&rmancc of its contr=ts. Federal Taxes Ncw Hanevcr County is c+tcmpt from and will nail pity Tederal rxrise Taxes ni- Transportaaion razes. North CarmUna Sala Tax If biddcris rrq% iwd w c "gr North Carolina sales tax on bidders sales, bidder shall not include it as part of the bid price. The Cuunly will puy North Curolirui sulm wx uvcr and ubn Ye bid prices when invoiced, Friov Biddcr shall guarantor the prices quoted agoinut any invTrAw for whatever delivery d &e is specHied and coup tpcriod roquin.~d. Responsibility of Cempliancc Willi Ugxl Rtquirvaivik u The: bidder's products, acnica and fwilitics shall be in full compharici; with any and all applicable state, U ml, local, cnvirvrunctatal and safety, laws, regulations, ordinances and standards or any standards adopted by nationally recognized testing facilities regardless of whether or nnL they are referred to in the bid doewrier3br _ Indemnity Coutractor shall. indcmuif3 and hold the County, its agents and cmployecs, harmless agiinst any and all claims, demands, causes of action, or other liability, including attorney foes, on account of personal ii i•juKes or death or on acco= of ptupety damages arising out of or relating to tJie mrotk t0 he performed by Contractor hereunder, resulting from the negligence of or the willful net or 1-3of 9 Page 13 of 21 70080600-700000 din. New Hanover County Contract # 10-0008 omission (if Contmtur, his agents; employees and subcontractors. Tasurance Contractor shall maintain inswanoc ficaf mmp®nics liccnsod to write busin=g in North Comlina and acceptable to New Hanover C.ounTy of the kinds and minimum amounts specified in the wnhuA, ,liew H&JI09efi eneerrly slaff be ridMdas au additional insured under Me general Wihiv Pvfecy. CcrtiIcates and Notice ofCanceilation )Bonne curnmenoing weak under this agreement, Contractor shall furnish New Hanover Counry with c=tlliiiL;atca of ull tnsuranm mquaed in the contr4wA agrcwrtent. C.eltil eaLei shall imUcate the type, amount 41ass of opct dons covercd, Ct tivc duty and expiration elate of a]l policirm, and shall contain the following statement: "The instmmee eovcmd by this =ifem will not be owccdcd or nuatarially alter, except after (30) days written notice has been received by New hattover County." Aadendum qua hid package constitutes the entire set of hid insnuctians to the bidder- Pw County S[All oat br trapumiblc for nary othar imtructiow, verbal or vrritlrn. made by unyona. Any chmgcs to lho spoeificadons. will be in the form of an Addendum which will be mailed to all bidders who are listed with New Hanover Cotmty as having mccived the bid package, Compliance With Sid Reyuirembn4 FAI Luc tcl wmply with ih= prcwisiwv; ur any cilhor provisions of the Gcneml Stwutc;s of North Carolina -%ill result in rojcctian of bid. Right To Reject Bids Ncw Hanevcr County moor mcs the right to rcjmt. Lmy or all bids. 1- 4 of 9 Page 14 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 FXH1131 1 SPECIFICATIONS INDUSTRIAL INSULATION SERVICES INFORMAL BID 009-00- scope: To secure a contractor to provide industrial insulation services during emergency„ shutdowns, planned shutdowns and special projects on an as needed basis. Requirements,. The contractor to provide insulation services to include labor, insulation, lagging and hardware, for the insulation of power plant boilers, bag houses and other structures; hoppers, steam lines, and piping systems. The contractor shall be capable of providing necessary skilled workers. These personnel mast be available on a 24 hour notice and working hours may waty_ WASTED may request any additional number of personnel as needed. Contractor shall supply all tools, materials, equipment, and personal safety equipment required to perform insulation, lagging demolition and installation tasks. WASTEC does not loan hand tools or safety equipment, Prior to the start of each prajectResk, the number of personnel required per project will be determined by the WASTEC Project Manager and is subject to change. The WASTEC Project Manager may ask the contractor to replace any personnel who are deemed to be unacceptable. All contract personnel will sign in and out daily on the WASTEC Contractor's log, located in the WASTEC control worn. The contractors on site supervisor will provide daily time sheets to the WASTEC Project Manager. Absolutely no overtime will he paid for any reason without prior approval of the WASTEC Project Manager and Plant Manager_ All contractors must be pre-quslified to perform wafk with New Hanover County. All contract personnel must have a current WACSC card or contractors must have submitted a complete copy of their company's safety manual, 1- 5 of 9 Page 15 of 21 70080600-700000 dun New Hanover County Contract # 10-0008 E.X 14 11111, a The oontractor shall submit, at minimum, four work references with the proposal. Refenances shall include the following: Name of Firm Contact Person Telephone Date of Work Description of Work! Project Completed Amount of Contract : The amount expended shall riot exceed $80,000.00. It is to ba understand there is no guarantee of using the full value of the contract. Term of Contract: The contract shall begin on the date of execution and continue until June 30, 2010, or until contract value is exhausted. Contractor Compliance Requirements: C ontractor shall comply with the "New Hanover Cou nty Environmental Management Cpl pgor Compliance RequirefrEefW as attached. Contractor must sigrrpage 18 of the policy as part of the bid response. J- 6 of 9 Page 16 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 VLM40T,s Quote N _ C:Ol1NTY Olt .NXW HA OVF:R.NOKER C'UtOLLNA BO PROPOSAL DORM TWORMAL DID 904-44 INDUSTRIAL TNSULATION S 1 iIt v tC:l=4 Proposal due by Tuesday, June 4, 2009 at 4:30 PM. I Certii}' tktxt This bid ii, atade xvilhuut prior undcrmixndin4, mWeemant or carin lion with any Ccorpuraion finiy or persun submitting u bid for the same scn•ims and is in oil Txpem fair and widtout colhision or fraud. I underscand collusion bidding is a violation of sus and federal law wid 4=n rmlc in tines, prison sentemoo-3, and Civil damage muds. I ague to abide by all conditions of this bid and crrtifV that I am autharized to sign for the bidder. Bid Px0posel 1: Ist cacti appl icable jib classification that would be utilized under obis Co rSCd, 61 CLASSIFICATION REGULAR HOURLY QV£RTLME 1401IRLY PAY PAV SUPE JNTEVDENT $ 37.50 $ 48.75 FOREMAN $ 35.70 $ 46.41 I{}LJttNHYMAN AM .IYIf - $43,65 4 YEAR APP, $ 29.40 $ 41.10 2 YEARk0,Yl1R 74.68 $ 35.55 $ $ - i$ $ 1-7 of 9 Page 17 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 LXIliLA I A Contreamr License number. NIA Ocher cost (if applicable) must bo listcd individually and explained. r1m' cost not clearly itemizcd on this farm shall be ttic msponsibility of the eoatractoe- 'T ecfCost Description otwhat is covered andwken Irwould lute/ Fee MRrertalr. 'lnnulation, metal, caulking, elbows, glue, st plus •ntainleaa ateel acrews, as bands ox I Fquf pmfir+C bOwItIK mnr.h I nn, ,petal e,,r-utttnjt table, metal rol le , 935 per fiwall tnnlc lay or as ee,le~l I Trucks Fur ;l,elivery of ,n1CerrnI* r.~, and from jnbeyte $35 per lay or as ceded 1-E;i7ty Page 18 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 2.0 CONTRACTOR SAFETY TRAINING OPTIONS Option A The job site and construction procedures used by the contractor andlor contractor employees shall meet OSHA compliance found at 29 CFR 1910 and 7928 at all times. It is the duty of the contractor to submit training records for the following programs that are marked with a (X). Lockout/Tagaut Confined Space Entry Respiratory Protection Hazard Communication MSBS Submittal (if applicable) Fire Prevention and protection (i.e. Fire Extinguishers) Fall Protection Scaffolding Powered Ind ustriat Trucks Ladders Personal Protective Equipment Welding, Cutting & Brazing Electrical. TrenchinglExc2vation Other(s); Contractor's Safety Manual Option B In lieu of submitting valid training records the contractor may present a valid Wilmington Area Contractors Safety Council (WACSC) Card. The WACSC Contractors class covers job safety and health guidelines that are necessary to be [amiliarwith beforeworking at DEM. Option 0 (Department of Corrections Only) Before any inmate or DOC Supervisor may begin work at the Oepartrnent of Environmental management, they must attend the DEM Safety Orientation, The DEM safety orientstion provides valuable information concerning the hazards that may be present at the Now Hanover County Landfill and WASTEC. B Page 19 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 CONTRACTOR AGREEMENT TO COMPLY , a representative do hereby acknowledge that my company has received a copy of the guidelines governing aantract work being performed on New Hanover County, Department of Environmental management property. It is agreed that as part of the contract my oompany and its employees will comply vWth these guldebnes and all the vo tlert prograrns which apply to the wort being performed. Signed.'r Contractor Date; (.0 of - 01 Please return this signed page along with a oopy of the records requested, on page 6 of this document and include a copy of the past 2 years OSHA 300-A log_ Return with to the designated NHC Department or Environmental Management Project Manager or bid co- ordinator. 18 Page 20 of 21 70080600-700000 dm New Hanover County Contract # 10-0008 Ur6ted %s%&flon Co., I 2010 N. Derr Ave. Office (910) 395-685 Wilmington, NC 28405 Fax (910) 350-0396 References Hexion Chemica I Dave Swart (410) 655-2263 Ext. 208 Year - 2009 Maintenance: Remove/reinstall industrial Insulation. Provide scaffold rental as needed. Projects completed - #J! and #3 Reactor, Formaldehyde, Special Projects. International Paper Bob Carroll 1910) 362-4593 January 2049- ongoing Pipe inwlatlon, refractory repair and scaffold rental as needed. Crowder Construction Co. Chris Boyd (704) 372-3541 June 2008, January 2009 installed insulation and metal - North Side WW FP, Appalachian State University Oak-Bark Dave Swart (910) 655-2263 Ext. 209 January 2009 Provide industrial insulation and metal for various areas throughout the plant site. Also erect and dismantle scaffold as needed. Page 21 of 21 70080600-700000 dm 5 07//15/15/09 ACORD_ CERTIFICATE OF LIABILITY INSURA UNITE- O J3 DATE(YY) NCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Harold W. Wells & Son, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 2320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wilmington NC 28402-2320 Phone: 910-762-8551 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: amazirura mutual 3hsuranca Co. INSURER B: Amerisura Xnsuranoe Company 5 United Insulation Company of INSURER C: Stonewood lnauranea company 2010 N. Kerr Ave INSURER D: Wilmington NC 28405 INSURER E: COVERAGES 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 DOCI •MENT 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 L:MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 B X COMMERCIAL GENERAL LIABILITY CPP2042963 02/16/09 02/16/10 PREMISES(Eacccurence) $ 100000 CLAIMS MADE F OCCUR MED EXP (Any one person) $ 10000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2000000 X POLICY PRO LOC Emp Ben. 1000000 JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A X ANY AUTO CA2042962 02/16/09 02/16/10 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS BODILY INJURY $ A X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 10000000 A X OCCUR M CLAIMSMADE CU2042964 02/16/09 02/16/10 AGGREGATE $ R DEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATION AND X TORY LIMITS X ER C EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC10000040632007A 02/16/09 02/16/10 E.L. EACH ACCIDENT $ 1000000 OFFICERWEMBER FYCLUDED? E.L. DISEASE-EA EMPLOYEE $ 1000000 It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ADDITIONAL INSURED STATUS APPLIES TO CERTIIFCATE HOLDER PER WRITTEN CONTRACT AS RESPECTS TO GENERAL LIABILITY CERTIFICATE HOLDER CANCELLATION NEWHA-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL NEW HANOVER COUNTY - WASTEC IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ATTN TERESA HORSBOLL 3002 HWY 421 N REPRESENTATIVES. WILMINGTON NC 28401 AUTHORIZED REPRESENTATIVE Truett Booth ACORD 25 (2001/08) © ACORD CORPORATION 1988 k IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ~"tATY C ~ O e p 3 - y EJTTflI~lt('~ NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU SHARON J. HUFFMAN Assistant County Attorney Deputy County Attorney July 24, 2009 United Insulation Co. of Wilmington, Inc. Attn: Michael Ellington 2010 N. Kerr Avenue Wilmington, NC 28405 RE: New Hanover Contract # 10-0008 Dear Mr. Ellington: 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 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.nhegov.com "Pis womi"N" New Hanover County Routing Slip Contract # Department Acct. # Initials Date To: Risk Manager Grants Coordinator Finance Director County Manager "g, Z I Commission Chairman Clerk to the Board County Attorney Z `l From: Legal Dept. Date Re: Contract for/Dept. Cx - P~f