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10-0090 New Hanover County Contract 4tI O-0090 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this day of 2009, by and between NEW HANO\/ER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and LEWIS FARMS, INC., a North Carolina corporation, hereinafter referred to as "Contractor"_ W I T N E S S E T H: The Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1 . Performance. Contractor shall provide services, as set forth more fully in Exhibit A, Part I - Instruction to Bidders, attached hereto and incorporated herein. 2. Time of Performance. If activated by Notice to Proceed, Contractor shall commence work within two (2) days and contract shall come to an end three (3) years following the date of contract signature. County has the authority to terminate said contract per Exhibit A, Section 13.00 Termination by the County for Cause, Part I - Instruction To Bidders, attached hereto and incorporated herein. 3. Payment. County agrees to pay Contractor, for services rendered, as set forth in Exhibit A, Part II - Scope of Work, attached hereto and incorporated h@r@In. Contract not to exceed $70,000- 4. Indemnity. Contractor shall indemnify and hold the 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 Page 1 of 18 70080200-700000 dm ORIGINAL New Hanover County Contract #10-0090 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 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 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 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 Page 2 of 18 New Hanover County Contract #10-0090 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. 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. 5A91 0. Environmental Impairment Liability Insurance. Contractor shall maintain Environmental Impairment Liability Insurance providing limits of liability in the UJ amount of $1,000,000 per occurrence or event, naming New Hanover County as an additional insured under this policy. This coverage will cover liability and cleanup costs associated with pollution under this clause. 11. 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. Page3 of 18 70080200-700000 dm New Hanover County Contract #10-0090 12. 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 Board 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. It 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. 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 one of the terms or conditions contained in this contract and fails to cure said breach within five (5) working 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. 14. Termination for Convenience. County may terminate this Contract for convenience at any time and without cause within thirty (30) days prior written notice. Upon receipt of notice, Contractor shall immediately discontinue the work and Page 4 of 18 70080200-700000 dm New Hanover County Contract #10-0090 placing of orders for materials, facilities and supplies in connection with the performance of this Contract. 15. Notices. All notices 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 Attn: Andrew Mulvey, Project Manager 3002 Highway 421 North Wilmington, NC 28401 To Contractor: Lewis Farms, Inc. Attn: Russell Lewis 6455 Piney Woods Rod Watha, NC 28478 16. 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. 17. 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. Page 5 of 18 70080200-700000 dm New Hanover County Contract #10-0090 18. 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 and on the day and year first above written. NEW HANOVER COUNTY [SEAL] County Manager ATTEST: FTTABUS Clerk to the Board LEWIS FARMS, INC. [CORPORATE SEAL] President ATTEST: Secreta y This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: ty Finance Director 9 County Attorney Page 6 of 18 70080200-700000 dm New Hanover County Contract #10-0090 NORTH CAROLINA NEW HANOVER COUNTY I XjY4XeW'qk 0 a Notary Public of the State and County aforesaid, ertify tha heila L. Schult personally came before me this day and acknowledged that she is Clerk to the Board of County 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 official seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of -Q , 2009. ublic N ary r;n;r,rn My commission expires: , ' pu 5~ 1101/e'f ~ ~CJ NORTH CAROLINA ~hc~eY COUNTY I, Ccoro\ v\ G. Co sor , a Notary Public of the State and County aforesaid, ce ify that M Y A (\h kZ, 1..~~ i S personally came before me this day and acknowledged that (s) He is the Secretary of LEWIS FARMS, INC., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, -T s , sealed with its official seal and attested by herself/himself as its Secretary. WITNESS my hand and official seal, this j_ day of A,,,.u us-- , 2009. Notary Publidk~s My commission expires: CS \ - `~O\~F Page 7 of 18 70080200-700000 dm New Hanover County Contract #10-0090 )EXHIBIT A PART 1- NSTRiTC:TIOlw S TO IiIDDE.P.S 1.0 DEFINITIONS 1.01 13iddinP documents include the Irrx•iLaliiFri IL) Rjo1, Insliuclduns I0I3iddm. the Bid Farm. and the proposed contract doctunents i ncludi nR any Addenda issued prior to the receipt of bid s. 1.02 The contract documcnts proposed for the work 1.1sy consist of Drawings, Sreci licartinns snd rill .Aildrndti i%Llod pritrr to Md all modi-Reations issued alley exeotAioil ol'[hc con LTewl. 1:.03 A bid i s the catnplele and pri rpcrly sign-ra proposal 1 r do the work far the sums stipulated therein. as submirted iii accordance wish [hc bidding docunicrrts. 1.04 Tbc unit price bid is the stun stated in the hid for trh1ch the bidder u(k I u purrurm the work dcsuribod in the bidding docunienrs as the ikise rn vehich work may he aldea or frtax_i which work inau bc deleted for sums stated in alternate hids. 2.0 KWD ER RT "ILESENTATIVES 2.01 En h bidder by making his bid rcprescuts that; A. Bidder has read and understands the bidding d-QL: mVnW Und his bid is made in accordance therewith. B. Bidder has visited the sitar, has familiarized himself with local conditions under which the work is m be peiformed and has correlatxd his observations v ith the rogxdremcnts of the contract documen[s. C. No cunsidmatitrn will be gi ven any claim based on lack of laioxviedge of exi sting rx mliti uns rxeepL xvhrre c4ymmct do-~urn(nits make definite provisioro for ih1jusLmen[x Lif L'CiHt tir exW-nsion v1 time dux to c 56jg 0011dltion3 that =31101L Ile readily ascertainca. V. The b4d as submitred is based upon providing the labor, niaterials, svsw-ms. and oquipmcnt roquircd to complete the "Scope of Work" tvtlhQnl CXCCP1, (JM. 1A INTERPRETATION f}RCORRRC_'TIONOF RTDDTNr. DOCUMENTS 3,01 Bidders shx11 promptly in writing, notify Mfr. Andrew T Mulvey. RnvirimmcnLal SprcialisL-Tnvirtmmentul MrnavcmenL, fax 9 (710) 798- Page 8 of 18 70080200-700000 dm New Hanover County Contract #10-0090 4457, of any ambiguity. inconsistency or error, which diet' may discover Lrpan exam 1LIadon of the bidding documcnn- 3.02 Rc41)wt$ for clarification or inlc pmtulioo of tY,c bidding 40GLZnMts sha11 be in wriLirig iuid Tmnivod by the FTivIrunrivraul SpCGIG11yl. tLL Ic" ttrlir (4) calendar days prior to the date tnf receipt of bids. 3.03 Any interpretation, correction or change of the bidding documents will be made Inn Addenda, hucrprctatioiis, corrections of cha<igm of tlic bidding dcieurncncK mail:! in nny Lither manner will ncrt he hincline, NMI hidrlerc Shall not rely uFsoe Much interprelatinllx, cc~rrectiau:, or changes. 4.t1 BTDDTN(; PROCEDURES 4.01 Scalcd bids vdil be addrosscA toNc%v Hano%Nr County Dupa.-trucrit of Duvironmcntid NJ4Tirga:mcnt and maLrkcd TEACHAT'L• PUMP AND 11AU1, CCINTRACT"fiLM02 Hwy. 421 NortlL 1 11n)ingLc)n,\C 2W11 attention Mdrew L Mulvey. The deadline for submittal orbid.; will be 3.30 pin ou'llu rsday, August Gih, 2009. 4.02 Ul bids 51a11 be submitted in duplicate. Dilplicams shall be signed with original signatures by the pcrsen or porwns kgally authoriacd to bind the bidder ija a vonlrAO. A bid bV it "Trporal ion shall further gvc the srxste of iI=r,.oraLion andhayethe cxarpntalP Seal affixed. 4.03 The unit price bid shall be expressed in figures. 4.04 Failurc ro subinit a bid in the form mqucstcd shall be oonsidcred sufficienL cause for rejection of bid. 4.05 Bids shall be dclivcrW i0rcach the uddre;udcsignalcd in theTn-,•iui Iion to Bid nol friter than lhc: h0J3r and da11C w(aabli-OW for d(AarlliTic for tux:WWrtcc nfbi&. AJi.Cr 113ULLinre, TIC ahiels will bnTt%XiVtd, TIC Ir rnHy they be vdthdralmi. Faxed bid,, will nor be accepted. 4-06 N cy bid rna$ be modified, wirhdratim, or canceled by die bidder for a period of A1NTY {94} calendar days folio ring the tit= designed for rmcipt of bids, and cash bidder agrms in su bmitting his bid. 5.0 CONSIDR%%LnON OF BEDS 5.01 Rejection of bids- The C'CUNTY shalt have the right w reject any or all bids not a,ocompanied by auy data required by the bidding, documents: or ro n j= a bid which is in any way inwmplete or irregu lar. v.02 Ac"-planco of bid (Awed); TI ii No i ntL-mt cif the COUNTY Lo awancl a Vonirmi. tin the 1 nwrA reslxinAlile bidder pn avide d Lhe bid has horn suhroiRed in acur~rda,ioe with the requirements of the bidding docu dent ,yd does not exceed a fa' -r and equitable rate. 'Ji'be C C>Uri"1'Y si~a11 have tine right to rcj cct any or all bids andi or waivo amy informality or irncgularity ui anw bid or bids mcivcd and to w-vcpl the bid or bid., which in his judgment i5 in 1h t: C. OTTKT'Y'Shesrinlarem. 5.03 New I laauver Uminty reserves Lhe righL to reject any oral] bids. Page 9 of 18 70080200-700000 dm New Hanover County Contract #10-0090 6.0 INSUR-4 SCE 6.01 C u ful ntiGntion is dirwtod u) imuzan", The CONTRACTOR sholdd carefully review his insurance in order En he completely and adequately covered with regard to special hazards, etc. in acoordaace with the contraer domain mis. 7.0 1'1NMC:ONIFIXF10 SCHEDULL 7.01 This cunII-MA will he ];or apesiod of threw (3) year,. U5 begin on 1110 date ul" contract signature. 7.62 This contract will be for any event deemed aecessary fbr the 1-np1ontcntadon of Ptmip and Haul of lcacliatc from tlic Ncw Hamvor 0nrnly Landfill. 7.1}3 The (X7NTFL4C" CUR will begin work within two (2)days of ntxice t.0 proceed. Completion wil l be at the di scretion of the Director of Environmental Management. 8.11 CER7CIFIC:ATIE5 8_01 Puyment will be merle within ten (I 0) daym after submiyyion of wwl<ly pay applications (invoi es). PANM0dt Will [PC IMMIA 40H VIII LIMP! PIN determined by New Hanover C*unlt' ur it's icsiPnatc ut the uwardW unit price. 9.0 SAFETY 9.01 The C ONTRAC:TI)R .heel he solely respookihle iivmainlaining saiety at all wort, sites. 't'he CUtiTRAC:'lOR shall take all reasonable steps; u7 insure saf V for bosh workers and visitors io include traffic control. 992 'Ihc C}NTKACTOR shill comply withNcw l'6r yr r C:ounty's controGtor safety guidelines. 9.03 Tha CONTRAOMR shull comply with 411 NC Npurrrtcntoi' Traru;pnrtatiou raquiremenu, including, but not limited U.), placard; and training. IG.0 LOCATIONS FOR DLSI'{.1SA.L 10.01 Lcachatc shall be haolcd tv the C4pc Pcw Public Utility Authority sanitary sewer %yslern ..r. the .Tame,. A. Loughlin VJW-M NPT)FS Nr'f x.-11965, in accordmtce with New Hanover C.oruntg's permit NILC:-001. 10.02 N cw l lanov. cr County, iu accordance with ncx CDI : W V S permit with the Capc Fcar Public Utility Aulhurily, will t afire thHl all ufllucnt limitations aLnamuniViringrryuirement.~rsreTnelphorWP'umpandITau]. Thiswill irwi rule un v acid all treatment rusts associated with lump and Haul. Page 10 of 18 70080200-700000 dm New Hanover County Contract #10-0090 MW Tho CONTR;kf"MR shall prrnvide ac-1wming ccriArm9ij-, Awany ivAcw lo he usncl lirr pump and FTaul prior toils use. 11.0 MEASUREMENT AN I? LOAD 71 K1ETS 11.01 A•i4t mvi- 4nt oJ' I(XLQhut0,Pumped and Hauled Citirm the Nrw I♦lunover County Laildii11 will Irehy volurr:e (82LI rm). 1 [.02 Truc3c5 4t~~ll be ■veighed in empty and -weighed. out loaded m the New Ilanover Comity Landfill prior to disposal in the laity of Wilmington sauiramT sower systcmu. The w6ght will be cony.rxmd' to gallons ushig the 001.11vcrsion fH4lrn: ono gallon casuals 8.31 pounds. 11.0= Mmsurmcnl will be ammmimlyd by Imal ticknr. 11.04 Measurements From khe load tic:krLs will bn u.tied by L'7c hauler (C ONTILMC_TOR) to till in the 'TIA1:I.HL? WASTE MANIF M37' as requires by the Cape Year Public l;thity Authority. New Hanove! County staff Eaill also sign the "HAULED WASTE MANIF EST' whcna uccdcd. 11.05 Tho "HAULED WASTE M41N FEST" shall be complctad by the: CONTRACTOR mu inelurle the name of lhn lrampod-tr, permit numbrr, vulumr hauled, origin irf wa.i1cwaLer, lanker capacky, and shall he sibmeeL {lased, and dined In- the Transporter upon slash ng to fill and depamAre froin the New Hanover County Landfill. 12.0 PLXF011t5Q,- ]CE REQI;IRi TENTS 12.01 Now Hanover C:i*unty`s right to carry out the wnrl.: ICthe C.ON 1'RACTIVR defaulLa or miens ecis to carry nut the work in act:ordance with the contract documents and fails within a five working-day periM after receipt of written notice from the CO L N 1'Y to commence and continue correction of such default or ncgicet with diligence and promptness, lhc: COUNTY may, wilhuuC pAZjudkc to od= rcuwdics. ctrrriclsr..h deli icncits. Tn'4txh casC un appstrpriWeA.banSmOrdtnrxhrsll he issued deducting form payments, then or thereafter due the CONTRACTOR rlie cost Ofcometing such deficiencies, including compensation fat the CO L NT Y'S additional mxviecs and carpcnscs made necossary by such daifult. ncglwt or failuro. if payments then or thcrcafbcr due the CON TRACTOR am nut sui'17mi Cn t vi wvcr smh amnunis. ihte CONTRACTOR shall pay the difference. to the COUNTY. 13.0 TERNTI NATTON B5' THE C01[Ji11TY FOR CAUSE 13.01 the C'OTJNfY muy l4=intak the conlraet iI'the CONTRA CTOR: a. pernis;eridy crr repraledly relutirs of fails tai sup11ly COMell properly skilled workers or proper equipment to perform hi a thnei manner as determined by the Director of the Deparnnent of Em-irovulcutal Management: Page 11 of 18 70080200-700000 dm New Hanover County Contract #10-0090 b_ ails to make payment to subcontractors for materiels or labor in occurdancc with the rc:pw ivc agecmclits bctaecn the CONTRACTOR and yphcantrackrry_ C_ persistently dkcgamli, laws: indinauct%, orrules, M-gulatiorucir orders of ;public audwrity having jurisdiction; or d. othenvise is guilty of breach of a provision of the contract documents, 13.02 whm any urthe ~ihcnve rcFjSOnc exist the t'i 1TT TY may wilhow. prejudice to any otherrighnoe remedies oftheC;[)t:NTY and after glring the CON'11LAC OR and the CONTRUJ CTOlt'S surety, if any, five working days %Tittcn notice. terminate the coniract with the CON TRACTOR mid may, subject to any prior rights of the %Ycty_ a. ac -cpt uyig=fm- t Uf subatmtnu>L,q; and h, tiniSh Ilk: work by whaLt;var rcesunabl: meLliod LhG COUNTY rout deem expedient. 13.03 When the CO U NTY termi nates the oanteaet for one of the reasons stated in Subparae}•aph 13.01, the Cob) * 'RAC'IUR shall no: be entitled to rcocivc furllicr paymcnt, if any, until the work is finished. 13.D4 If the unpaid balance ofthc conlti -t stun =cads additional costs hwurrcd while tinish;ng 54 w+,Klt, indaaing t:cnrmpen; 0kyn foxthv COUNTY'S cervices and expenses made necessary dteneby, c Lch excess cball he raid to the CONTRACTOR. if such costs exceed the unpaid balance, the COPd'fMCTU1t shall pay the difficrcncc to the COUNTY. This obligation for paymcnt shall survivc tcruiination of the contract. 14.0 ESTINUT'ED QU.ANTYMS 14-.0' 'Me COUNTY makes no guarantee asto the gimritities, if any, the CONTRACIOft will actually 1himp and Haul, 14.02 The CONTRACTOR shall be prepared to pump and haul up to 28,000 gaIlons.day. 15.0 )PERSONNEL 15.01 It is mutually agreed that the CON C1LACTUR is an independent CONTRACTOR and not an agent ofthc COLNIN, and as such the WN iR.ACToR shall not be entitled to any COUNTY Lmploymcat bcncfits.:uch a--c, but 714rt limiLCd bs, vuL:aLicm, -,irk leave, im arrunv: , workmen's compenmation, or peru ion and retirenUmi bene=ttti_ 16.11 CONFLU "r ur 1N'17LItES'f 16.01 No Paid tsmplnyee of the COUNTY shall have a perional or financial interest, director indirect, as a contracting party or otherwise, in the performance of this agreement. Page 12 of 18 70080200-700000 dm New Hanover County Contract #10-0090 17.0 OMM LAWS ANDS RF..(,I JI.,N Tj0.119 17.01 CON't'1t1(:TOR will comply -A ith any and all appl'icabJc fadcral, stato and local standards, roguhl ions. laws, 0atuiv.s and wdii+anw.,; rc g ding ioxiv. hazardous and Solid waslr~j and any olhcr pallutmmts; public and private n3i5Uno;r: hralth IYF salt 1, ; and nining, xuhdivisiiin tyr usher lend LLw cuntrol5. CONTRACTOR will take all reasonably neces'q . pmper or required safzry, prevernat.,ve and remedial measures in accordance with any and all rcgulations and directives from the North Carolina Department of Human Resource, ihQ North Cawlinu ] i partrncnt of Transpurludvn, the L niuxl Statcws PhviFunrnental Niteution Agrney, tlhe North Carolina i7epariment of T'nvinnmental Managemarti, Ileal[h Departments, and any ruled, Cadeial, slate or l.xaJ ageneir hav9ji~ jurisdicdon, io insure the prompt prevention or cessation (now or in the future) of violations of either the applicable provisions of such standards, regulations, laws, statutes, and ordinances or any pen-nits or conditions isoAo d7errr under, 18.0 NON-DISCRIMTNATIO)V 18.01 [.[}VTRAC ORwilltakeatlirmativeactionnottodiscriminare against auy employee or applicant fnr employment or othem-ise 111agallg deny any pcrsou participation in or the bcnafits Of thG Program. which is the w ices of UN agrcxanmt b(xausv of racr, creed, color, sUIX, ago;, disability ur national origin. To the cxlent applicable, CONTRACTOR hill comply with all provisions o C Uxce utive Order No. 11246 tofu CiA Rights .rACI OF 1904, (P.L. 88-353) acid 1968 (P-L. 90-284),snd all applicable federal, state and local laws, ordinanczs, niles, rcgnilations, orders, insmictions. des:gnatiom and athar dir zdvcs proniulgttod to prohibit disairnination. Violation of this provision, afkz notice, shall be a matcrinl bropwb of this agrmmem atttl may result, ai. COTTKTV'S option, in a termination or suipensiun oC thisagreement is whole or in part. Page 13 of 18 70080200-700000 dm New Hanover County Contract #10-0090 PART 2 - SCOPE OF WORK 1,4 GENFRAT. 1.01 The CO TRAC'l'OR shall comply with all applicablc Fcdcral, Statc and Local cud-;:4, ordimmvati and r quiremcmts of all tLW-mivs having jutisclietiun. The; CONTRACTOR will N-Tvsponsihlc loroblunningull rnmGStiur;v liccrkm-s ut uwipldethn'A,]Ppd esJ'wurlc. 1.02 Performance! The qualiry of %vorkmanship concerning the Pump and I law of Landfill Leachate must reflect professional work and conduct. 2.0 SCOPE OF ><4'(}11 K TimC is oI'the cstience in all wnrl: perlL)rnexi under Lhis Suepe ol'8nn•ices. The rump & [ laul services aria limited to the caI[action and disposal (Pump and f laul) of ltuidhll leachate that may pose a rhrear to public safety and or pose a tfueat to the calViroruucat. 2.0 The CX)%T7RACTOR will ImLd (Punp) and ITaul the landfell Ie=hale from the New I lanover t'nwtty l.at,dfill (Pusnp S'tation 31VAA (ir I agoan) Lo lhn (:;,pe Fear l'ubl is 11 ulity Authorigl wasiem•atea, treatrnerlr plant, physically James A. Laughlin WW" ll'. 2311 North 23•" St, Wilmington, North Carolina 28445. The leachate will be off-loaded by gravity or pumped into the Capc Fear Public Utility Authority treatment systcm, Bidders should t+nticipaic a mHximrtm nnmd [rip haul ar 19 miles to ihu JHmrc A. T.erughlin WWT'P. Rielderx should anticipale:a lilt rime ufrhirly (30'- minuics;. ][idlers should rxpecr no maili» time of ir11=1uaci leuchsic at eirlter ueatirent plain. 2.02 the CON I Rr1CTOR rill be respousi ble for damages caused by the CONTRACTOR to both private and public property. 2,03 The CONIIR.ACTOR skull ba respausiNt: for cs Labliahing wKl wWuling disposal nrutemin umsulLalion with COIfNTY stuff. 2,04 The CONTRACTOR hull provide an updated list weekly of subconlra;'toes includ!na subcontractor name, oontacr person. address and telephone number. 2.05 the CONTRACTOR'S supcn'isory persoonul shall muctwith COT.Ji<TY contt'act mouilors daily to determine vxirl, Status;, any tlarnaw% to dispn ,al 11kcilkies,. 2.06 IX,spos,al trucks shall be identified by labels indicating it as a "Vew I lanover Courng contractor". 2. U7 Collcctiou and disposal (Puinp and Haul) of tho landfill lwchalo shall bL restrictod to bctwrxn the humJ 9.00a-n and 4:011lpm. Page 14 of 18 70080200-700000 dm New Hanover County Contract #10-0090 2.08 Thr, COL ' rraervas the right to dcia=c iho final resoluiion of any diserepanc,.- or <,A)allicL4. 2.09 The CON RAC:' O11 shall ensure than each disposal Lnuk used for the Pump and Haul of Ieac;0ate is c lean and free: of poleittial uorItarrsinarnc; prior to tiacn 2.10 The CO'.,T RAC'.rOR shall pro-~idc a cleaning certificate, prior to the use and allcr such diit~rrnl use of any iruikcT for Punnp anti Haul. to New I Ianover GaurxW staff 2.11 l he U.UNl'RAC. Wit shall provide a sufficient omnben, of trucks/driven to pump and haul up to 28,DDD gallons, day. 3,0 UNIT PRICE SCHEDUTE The contract will be for payntanL on a unit price basis. I Jnir briefs propmad by the bidder shall include anything necessary to complete the work inchiding mobilimtion, insurance, fill Limo. haul Limo, off-load time, overhead, profit, and applk blo taxcs. No minimum or lnaxunam quantity is inVIled or inf=d by lhi 4 e[mLraLt. 1!nit Pricc Load (Pump) and Haul landfill lcachatc from the Nett; Hanovcr County Landfill Lk, the CupG P.str Public Utility A uthorit James A. Loughlin WNWIP, 2311 North 23 d St, Wilmington, Ncvnh Carolina 28405. Bidden .,IIx)uld anticipate rr. approximate maximur» haul round trip of 18 miles. Unit ofhlcastuvmcnt! Gallon Al !recd Upon Unit Price To he determined by lm&wt hid mbruitLed. Page 15 of 18 70080200-700000 dm New Hanover County Contract #10-0090 NEW HANOVER COUNTY PUMP & HAUL OF LAIN l}F11A.. LEAC:HATE CONTRACT MD FORM TO- Mr. Andrew T. mulvey. r%immnmemai Cpecialis. N ew 1 ianover L:amn- 3002 Hwy, 421 North Wilmington, NC 28401 DAM PROM: PHUNIE: r1DDRESS: UNIT PRICE BID, The undmigncd, having carefully exarninod the Instructions to Ridd[, ' Nvow HKrn VttT C4OUnty - TxHchutc Pump Hnd Rmul Coat HC'C dmcd J jly 15". 2m. including Ole lirlowing addenda: A.IJ }bWUNI P. VA LED! ADDENDUM 4 DATED:_., Al}nr-.ND] IM )i DATED: As well as the premises and conditions a$ieciing the work-, proposes to furnish all smiccs. labor, materials rind equipment sullcd fbr to complctc the. projoct in ac,-ordauce with the conmic.r.d4Kmmenlti f Yr dic GoIlcnving unit price runmmlY. I~ Unit Price __'fiallon qignawre Title Statc of Jncafrporutian {Corporate S'' ) Page 16 of 18 70080200-700000 dm New Hanover County Contract #10-0090 NEW HANOVER CO[JNTV PUMP & HAUL OF LANDFILL LEACHATE CONTRACT 971',kTI&MENT OF ASSURANCES AND COMPLIANCE `Fhc undersigned, as bidder wrtities that the Gcnml Crmditions and lnsmw ions to Airlrlrra ParL 1; the Srr,pe Of Work Part? arkd the [lid T'•onn found ire the bidding 6ioume nts dalesd July 15,2009, have been read and undersmod. The bidder here by provides assiumcc that the firm mprescntcd in this bid, as indicastcd below: 1) Will 4umply wi1411 rntlq,irrments: 7tipul4ovs, tarros, and wuaitious staLed ill the bid dmurnenl. 2) Currently complies with all applicable State and Federal Lamm, 3) is nor guilty of collusion with the vendors possibly intmestcd in this bid or in dmmniuing priors to bt' submitrod: and 4) Such agrut as iridi:ated brknv is of icially authori zed W rcPn~4"nt the firm in whosrnarne Ibis bitlis suhmillrci Iti amc of Finn Namc of Finn Rcptm-.Mialivtr 't'itle Address of Firm Tel6phone Nurnber Sleile rafTnwrpmation (Corporate Seat) Page 17 of 18 70080200-700000 dm New Hanover County Contract #10-0090 a$J1522006 73:15 Fax 5102586313 CANDN 0 002002 CERTIFICATE OF IN$~11MCE Farm Burutlr Inaurancr qlF N.C,. Inc. MtoM iCmelkm Farm Bureau Nutur 1nlAUromm, COmpargl This isIm Certify, that pollalos In 1hm f1I ft of r'LEWIS FARMS ~ RUSSELL LEWIB Ora ADD BU BOX RC3AW N,C, 28436 rsofIK Ai AT1Yar"m ~ L_ _a 1rro►wYOeeo Sao"," 'rk " %6=;r_ ALL LINM N iHOUINANDI wdl& A= 1006 COMMERCIAL t3LG481331 112812406 110f2ARD Momma"m 3 it?QU 004eau ef6fTLlD $ 504 S 6P0 wWairr 1100 MRCr,AL EXFEEF E/ rc~Pstoo 5$ ALIrOffDaILE LLOA L" asp 5 7040 X Cora ouLmiWrCM 9AP2010058 8MSr20DD 2fISM10 IMLY 1N&W 'AIRED AUTOS EIPEP9 ? $ NQfMX"DAAJTM BODILY egL409 LUG U Y pyri,►tcar+i} $ Pria OW DAW69 EKCIN LIABILITY EACH AOOREOATE UMBRELLA 000UHR8N06 "ER 1 MAN UMBRELLA 5 S FOW WORKERS WC 0914190 2MalaM 2114=0 ~ 1CD soon CONIFEMATION AND vlo IDbEAb!#rOHl761PLOYip} FMPLC"It3 LI,48I_17Y [Z'-M CAMUNAMI.C.COVE AONLY S WD ~i~ItpOLOCr Llkfrl TMR w0rrraMAL=kWm0FAN17: NEW HANOVER COUNTY ATTORN"S OFFICE, 2W GOVERNMENT CENTER ORIVE, STE 1A WILMINIMN, NC 2$403 oeN ar Cpfp,aTlpwpLCraL JDNYriACML rTO In Vle e~wvr or any mf#b•Ir04 wpb In. Ot Oi1N001rIKf"I Odd pollosa ~ me uwwwom aa~pary MIA 9rra mr no rive mim nodes m Yre party b whom dYS oornnow ar ~aeueu. euri<mee m p n au~ name sho unpoaa tro oblIp W w 40 ft upon By company. cam JOS LOCAT1011: New ar ComomwHodh rte F Eiummu Mutual Insurance Co. CERTIFICATE ISSUED TO: '"""AT++h: NAM 'NEW HANOVER OMSM ATTORNEY; OFFICE WMI 230 GOVERNMENT CENTER OWE ADDRM SURE 126 WILMINGTON NC 28403 L J Page 18 of 18 70080200-700000 dm EXHIbii NEW HANOVER COUNTY PUMP & HAUL OF LANDFILL LEACHATE CONTRACT BID FORM TO: Mr. Andrew T. Mulvey, Environmental Specialist New Hanover County 3002 Hwy. 421 North Wilmington, NC 28401 DATE: FROM: PHONE: ADDRESS: 4VSS- TWn4 11U ojs a UNIT PRICE BID: The undersigned, having carefully examined the Instructions to Bidders, New Hanover County - Leachate Pump and Haul Contract dated July 15th, 2009 including the folowing addenda; ADDENDUM # DATED: a3rv~ ADDENDUM # DATED: ~'3 S ADDENDUM # DATED: ;2- a As well as the premises and conditions affecting the work, proposes to furnish all services, labor, materials and equipment called for to complete the project in accordance with the contract documents for the following unit price amounts. .flm 1) Unit Price $ .D _!gallon Signature Title State of Incorporation (Corporate Seal) NEW HANOVER COUNTY PUMP & HAUL OF LANDFILL LEACHATE CONTRACT STATEMENT OF ASSURANCES AND COMPLIANCE The undersigned, as bidder certifies that the General Conditions and Instructions to Bidders Part 1, the Scope of Work Part 2 and the Bid Form found in the bidding documents dated July 15,2009, have been read and understood. The bidder hereby provides assurance that the firm represented in this bid, as indicated below: 1) Will comply with all requirements, stipulations, terms, and conditions as stated in the bid document: 2) Currently complies with all applicable State and Federal Laws: 3) Is not guilty of collusion with the vendors possibly interested in this bid or in determining prices to be submitted: and 4) Such agent as indicated below is officially authorized to represent the firm in whose name this bid is submitted. ~vsSe/~e 4/i1 Name of Firm Name of Firm Representative Title A A/ Address of Firm Rio -~S -3 Telephone Number 7- ? 3-eS7 Date ////c. State of Incorporation (Corporate Seal) c~ CL a~ z ~ 0 - a z E F- Q cu O p 0 F- t2 > rn > a g o L O ~O "0 000 C cn Q 0 U W U) a) Q a z OC U u p C ~ a Z > a UO a rn w C: w L L W 2 cu (D 0 cn a) O Z 0 't z w a U (D Q a > a 2 to w 2 LU r-- UJ L) z -M' ° E z z a p o F- m 0 0 am Q 0 F- ZO f- Q o z o z~ E w U r O w > a a U ti a0 Cl) w p z p z rm w m0.T c F- E N 3 O _0 a) Z w L 00 f0 ; O o (6 w a) _ C 115- O Q a a J (7 (D U fl- a) U Z N N F- U)) E 3 6 0 (n m m a) o w O o Q 0 0 o u ca °o > pJ =rnzlY a) c o m C) zQ O o > a o = rno c o La c o w T Z Y a) co c c 0 to a) E o z aUi ui o o 3: c o w~ 3 6 E o r- co co w m rn rn a > Q a c :3 LO U") z~ a) (n w E xt o o o p E = rn 0 0 o f 0 Oa L)_c W a.1 I U ca z 0 a a) ca U) L) CL w w a) E cn z O =3 LLI z 2 U W F- w O' Q p O O U ° a ~I Q j o z CERTIFICATE OF INSURANCE Farm Bureau Insurance of N.C., Inc. North Carolina Farm Bureau Mutual Insurance Company This is to Certify, that policies in the name of NAME r-LEWIS FARMS OF BURGAW INC -I INSURED PO BOX 234 and ADDRESS BURGAW N.C. 28425 THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POUCY DESCRIBED HEREIN. are in force at the date hereof, as follows. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE (MM/DONY) DATE (MM/DO/YY) ALL LIMITS IN THOUSANDS GLNERAL AG -HEGATF $ 1,000 COMMERCIAL GL 0461331 11/26,12008 11/26/2009 ;CCU: CTS COMPIOPS AGGREGATE $ 1,000 GENERAL PERSONAL & ADVERTISING INJURY $ 500 EACH OCCURRENCE $ 500 LIABILITY DAMAGF TO PR MISES HfaNTI-D 7O YS}'J $100 MEDIC& EXPENSE (ANY ONE PEHSONi AUTOMOBILE UABIL17Y :;SL $ 1,000 X SCHEDULED AUTOS BAP 2016056 8/1512009 2/15,2010 BODILY INJURY X HIRED AUTOS °ER PERSON) $ X NON-OWNED AUTOS BODILY INJURY GARAGE LIABILITY PER ACCIDENT) $ PROPERTY DAMAGE 5 EXCESS LIABILITY EACH AGGREGATE UMBRELLA OCCURRENCE 5 5 OTHER THAN UMBRELLA FORM WC 0214196 2'14/2009 2/14/2010 STATUTORY WORKERS $ 100 LEACH ACCIDENT; COMPENSATION AND $ 100 (VISLA_+c iEACF, FM LOYt r , EMPLOYERS LIABILITY NORTH CAROLINA W.C. COVERAGE ONLY $ 500 {DISEASE POLICY UM11I OTHER ADDITIONAL INSURED (IF ANY): NEW HANOVER COUNTY, 230 GOVERNMENT CENTER DRIVE, SUITE 125, WILMINGTON, NC 28403 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS: In the event of any material change in. or cancellation of said policies, the undersigned company will endeavor to give written notice to the party to whom this certificate is issued, but failure to give such notice shalt impose no obligation nor liability upon the company Dated: 8/21 /2009 JOB LOCATION: Name of Company:North Carolina Farm Bureau Mutual Insurance Co. CERTIFICATE ISSUED TO: ' rn ~AUTHoRIZED REPRESENTATIVE NAME ANEW HANOVER COUNTY and ADDRESS 230 GOVERNMENT CENTER DRIVE SUITE 125 WILMINGTON N.C. 28403 J 5;.)5 t Q5.-4i7~3-r~J6.21 `o`tir }~"'tio F _ J {I, 2 2 I f1fNNLI5111.1? ii%~ NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU SHARON J. HUFFMAN Deputy County Attorney Assistant County Attorney September 16, 2009 Lewis Farms, Inc. Attn: Russell Lewis 6455 Piney Woods Road Watha, NC 28478 RE: New Hanover Contract # 10-0090 Dear Mr. Lewis: 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, J1taWawt J . Dun&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.nhegov.com 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 C1 14,om: Legal Dept. Date Re:; Contract for/Dept.