NCD980602163_19970420_Warren County PCB Landfill_SERB C_Canadian Commerical Corp (Ecologic) 1997-OCR

N.C. Department of Environment, Health, and Natural Resources FOR DEHNR USE 01\'Ll"
AGRE::::::~TION t
1. PARTIES TO IBIS AGREEMENr!997 t,PR I? tJI I l: 21
Contract No. Jl/70 ,.?,5
2 ~as~-~ 2 d_ I d:Jh222
Vendor Nlllllbet::
EHNR-GFGrr:q,:i c:co,ncc~ Dj 1~"' ,,.('--'";'l~'"'-V'....1 llJI :._,.., A. ----:, -._, .... .,; l r,.,'"'\\j-r",1 ~ .... B. ·-'., ·-.......... , -,,, .[~\o, Division
Waste Management
Contraetor Canadian Commercial Corp (E-cotogic)
Section I.R.S. Number or Social Security Nlllllbcr Check if Applicable
Division Office 0 Pvt/Non-Profit
1'/Jl /VI. p 0/)(J ,~ t./-g A :iEl: Incorporated
Contact Person Telephone: Number
Address (to which checks will be mailed)
(/ ,,v;,'7...:"'."c'-,_,, .Jj. 143 Befl:E::i:s St ~@@ t 5 {)
Mike Kelly 91 9-733-4996 X 20 1
.. Rod,;,vee"1, GRt:aF:f:e, Etrnaea NeB z:l:~G-
f'r) -f,-...,..-;?z~t.~r..:-.,,.".l.yi ·i"Z-:--k '"-C~.Y!ci <t!a... 1-< I ,;:J-c?S6
,",j Vias\r
rJUN 3 19~7
' Please check one of the following:
·O minority owned D handicapped owned
□· woman owned fi none of the above
.Contact Person I Tclc:ohone Number
E-1-H-a:beth ~tla:m±:f:ng · ~l~ S~e 9§9!
0;-4:-hDel;"/: / ft';-c,.-,;:.'e-r: -C/J,,/v c":;, c,, 13 . '14-7 tcf IV 2. nnE OF AGREEMENT : Evaluation of So il Trea t men t Tee no.Logy {,J 7 ,c_ 1; 13 C/'?5 :;;;:;;/
3. PURPOSE OF AGREEMENT: Pr ovide evaluation of gas phas e chemi cal r eduction of PCB s oils
4. TIME PERJOD OF AGREEMENT: Beginning Date __ 4 _/ 21 / 9 7
Month Day Year
5. AGREEMENT STATUS : fl New D Continuing D Revised
Ending Date 12 / 30
Month Day
/ 97
Year
1997 Year of Initial Agreement _____ _
6. NEED STATEMENT: To honor commi ttment t o explor e detoxification of t he PCB Landfill
i n Wa rren Count y
7. JUSTIFICATION: Money wa s a ppr op r iated i n 1995-96 t o study t he potentia l of det oxi fication .
If Ph ase I results are c onclus i ve . the Denartment mav extend a Phase II contract for
$115,70 0
8. FISCAL INFORMATION: Does this agreement involve disbursement of funds? D from Dept.
Federal State
$ $1 41,786.00
SUBHEAD: Fund .21 0 3
.i_,, rl 0-t=> j-r nrlt=> -
PAYMENT SCHEDULE:
DEHNR 2500 (Revised l/94)
~nc:ral Services (Review J/96)
?!.t i nn
Contractor Other Special
$ $ $
OBJ 53698 9 RCC
GE.VERAL SERVICES USE ONLY
D to Dept. 0 No
PROG
N.C. D'P,utm,nt of Environment, Health, ond N•""'1 Resotum 1/ 'J1 C;~;~;:~~~T 'f ;)} ,
Page __ of __
4/20 I 97 ---Waste Management Contract No. _____ _
Effective Date Dhision/Section/Program PJ / :) -{) :] 'J tJ '7
Contract System No . ..L _0_ cl_ _ 2]_ _d-..._ L~-·
12/30 ft7 -----Termination Date
Purchase Order No._.~ -3__ .;Z.. 2 L_ For Fiscal Y car __ _
Revision No. ___ _
Contractor. Canadian Commercial Corp (EcoLogic)
Project Director: Elizabeth Kummling, B.Sc.
PCB Detoxification Study Pwpose: _______________ _
Tqtal Budget: S 141,786 Phase I
DEHNR
ITEM CONTRACTOR CONTRACT
ITEM DESCRIPTION NO. AMOUNT AMOUNT
I I Evaluate gas phase chemical reduction of PCB' s in 1 I $141,786 ,oo
soils extracted from the PCB Landfill in Warren County, I I North Carolina I I
Phase I I I
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Upo n completion of Phase I, the Department may, at its I I
discretion, continue with Phase II of this project I I
for a cost of $115,700 I I
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Budget Code 24300 I I
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2103 536989 I I
FUND OBJ RCC PROG I I
--I ,......___ /\/1\ I I
Contractor Authorized Official \c Division/Sect'ion Head ~ , Office of Controller
DEH;\"R 2482 (Revised 1'95)
General Services Division (Review 3/97) ~
STATE OF NORTH CAROLINA
COUNTY OF WAKE
CONTRACT NO. N7023
CONTRACTOR'S FEDERAL 1.D.
OR SOCIAL SECURITY NO.
CAGE 98247
THIS AGREEMENT, made and entered into this 21st day of April, 1997,
by and between Canadian Commerical Corporation (C.C.C.), hereinafter referred to
as "CONTRACTOR", and North Carolina Department of Environment, Health, and
Natural Resources, hereinafter referred to as "DEPARTMENT";
W IT N E S S ETH:
THAT WHEREAS , the CONTRACTOR has submitted to the
DEPARTMENT a proposal for the performance of certain technical or professional
services; and
WHEREAS, the DEPARTMENT desires to enter into a contract with the
CONTRACTOR to perform the services set out in the proposal ;
NOW, THEREFORE, for and in consideration of the mutual promises to
each other, as hereinafter set forth, the parties hereto do mutually agree as follows:
1. The CONTRACTOR hereby agrees to perform in a manner
satisfactory to the DEPARTMENT, evaluation of soil treatment technology (using Eco
Logic as subcontractor) as proposed in the Contractor's response (dated March 19,
1997) to Proposal No. PCBLF4 which is incorporated by reference as a part of this
contract.
2. The DEPARTMENT hereby agrees to pay the CONTRACTOR a
sum of money not to exceed ONE HUNDRED FORTY-ONE THOUSAND SEVEN
HUNDRED EIGHTY-SIX DOLLARS ($141,786.00), said sum to be full and complete
compensation for services to be rendered in Phase I.
(a) Payment for services will be made upon receipt of an invoice
from the CONTRACTOR documenting the costs incurred in the performance of work
under this contract.
(b) Invoices are to be submitted to the Contract Administrator
for the milestones identified in the proposal (page 49). Final invoices must be received
by the DEPARTMENT within 45 days after the end of the contract performance.
(c) Amended or corrected invoices must be received by the
Office of the Controller within six months after the end of the contract period. Any
invoices received after six months will be returned without action.
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CONTRACT NO. N7023
3. The parties to this contract agree and understand that the payment
of the sums specified in this contract is dependent and contingent upon and subject to
the appropriation, allocation, and availability of funds for this purpose to the
DEPARTMENT.
4. The CONTRACTOR agrees that the State may have the right to
audit the records of the CONTRACTOR pertaining to this contract both during
performance and for 36 months after completion or termination. The CONTRACTOR
must retain all records relating to this contract and allow employees or agents of the
DEPARTMENT to inspect such records during the period of time set out herein.
5. The CONTRACTOR represents that he has, or will secure at his
own expense, all personnel required in performing the services under this agreement.
Such personnel shall not be employees of the DEPARTMENT.
6. The CONTRACTOR shall not substitute key personnel assigned to
the performance of this contract without prior approval by the Contract Administrator.
The following individuals are designated key personnel for purposes of this contract: for
C.C.C.: Gabriela Gref-lnnes. Contract Officer and for Eco Logic: Elizabeth
Chisholm, Project Manager.
7. None of the work to be performed under this contract which
involves the specialized skill or expertise of the CONTRACTOR or his employees shall
be subcontracted without prior approval of the Contract Administrator. In the event the
CONTRACTOR subcontracts for any or all of the services or activities covered by this
contract: (a) the CONTRACTOR is not relieved of any of the duties and responsibilities
provided in this contract; (b) the subcontractor agrees to abide by the standards
contained herein or to provide such information as to allow the CONTRACTOR to
comply with these standards, and; (c) the subcontractor agrees to allow state and
federal authorized representatives access to any records pertinent to its role as a
subcontractor.
8. The services of the CONTRACTOR are to commence on the 21st
day of April, 1997, and shall be undertaken and completed in such sequence as to
assure their expeditious completion in the light of the purposes of this agreement, but in
any event, all of the services required hereunder shall be completed by the 30th day of
December, 1997.
9. If, through any cause, the CONTRACTOR shall fail to fulfill in a
timely and proper manner the obligations under this agreement, the DEPARTMENT
shall thereupon have the right to terminate this contract by giving written notice to the
CONTRACTOR of such termination and specifying the reason thereof and the effective
date thereof. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports prepared by the CONTRACTOR
2 of 5
CONTRACT NO. N7023
shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials . The CONTRACTOR shall not be
relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT
by virtue of any breach of this agreement, and the DEPARTMENT may withhold
payment to the CONTRACTOR for the purpose of set off until such time as the exact
amount of damages due the DEPARTMENT from such breach can be determined .
10. This c_ontract may be terminated by either party upon thirty (30)
days notice given in writing by one party to the other. If the contract is terminated, all
finished or unfinished documents and other materials shall, at the option of the
DEPARTMENT, become its property. Termination of the contract by the
CONTRACTOR shall not prohibit the DEPARTMENT from seeking remedy for
additional costs consequential to the termination, which are incurred by the
DEPARTMENT. If the contract is terminated by the DEPARTMENT as provided herein,
the CONTRACTOR will be paid in an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of the
CONTRACTOR covered by this agreement; for costs of work performed by
subcontractors for the CONTRACTOR provided that such subcontracts have been
approved as provided herein ; or for each full day of services performed where
compensation is based on each full day of services performed , less payment of
compensation previously made. The CONTRACTOR shall repay to the DEPARTMENT
any compensation he has received which is in excess of the payment to which he is
entitled herein .
11 . The DEPARTMENT may, from time to time, request changes in the
scope of the services of the CONTRACTOR to be performed under this agreement.
Such changes , including any increase or decrease in the amount of the
CONTRACTOR'S compensation , which are mutually agreed upon by and between the
CONTRACTOR and the DEPARTMENT, shall be incorporated in written amendments
to this contract.
12 . Any information, data, instruments, documents studies or reports
given to or prepared or assembled by the CONTRACTOR under this agreement shall
be kept as confidential and not divulged or made available to any individual or
organization without the prior written approval of the DEPARTMENT.
13. The filing of a petition in bankruptcy or insolvency by or against the
CONTRACTOR shall terminate this agreement.
14. The CONTRACTOR shall not assign or transfer any interest in this
agreement.
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CONTRACT NO. N7023
15. No reports, maps or other documents produced in whole or in part
under this agreement shall be the subject of an application for copyright by or on behalf
of the CONTRACTOR.
16. It is agreed between the parties hereto that the place of this
contract, its situs and forum, shall be Wake County, North Carolina, and in said County
and State shall all matters, whether sounding in contract or tort relating to the validity,
construction , interpretation and enforcement of this agreement, be determined.
17. The CONTRACTOR agrees that he shall be responsible for the
proper custody and care of any State owned property furnished for use in connection
with the performance of this contract and will reimburse the State for its loss or damage.
18. This contract represents the entirety of the agreements and
covenants between the DEPARTMENT and the CONTRACTOR with respect to the
subject matter hereof and accordingly cannot be amended or modified except by written
instrument executed by the parties hereto.
19. The CONTRACTOR agrees to indemnify, defend, save and hold
harmless the DEPARTMENT from all claims, demands, liabilities and suits of any
nature whatsoever to the extent they arise out of, because of, or due to the negligent or
wrongful act of omission by the CONTRACTOR, its agents or employees.
20 . The DEPARTMENT does not waive its sovereign immunity by
entering into this contract and fully retains all immunities and defenses provided by law
with respect to any action based on this contract.
21 . The parties certify and warrant that no gratuities, kickbacks or
contingency fee(s) were paid in connection with this contract, nor were any fees,
commissions, gifts or other considerations made contingent upon the award of th is
contract.
22 . The CONTRACTOR certifies that it (a) has neither used nor will
use any appropriated funds for payments to lobbyist; (b) will disclose the name,
address, payment details, and purpose of any agreement with lobbyists whom
CONTRACTOR or its subtier contractor(s) or subgrantee(s) will pay with profits or non-
appropriated funds on or after December 22, 1989; and (c) will file quarterly updates
about the use of lobbyists if material changes occur in their use.
23. The CONTRACTOR certifies that he is in compliance with
"Attachment I" Assurances-Non Construction Programs.
24. The Americans with Disabilities Act (ADA) makes it unlawful to
discriminate in employment against a qualified individual with a disability and outlaws
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CONTRACT NO. N7023
discrimination against individuals with disabilities in State and local government
services and public accommodations. The CONTRACTOR certifies that it and its
principals and subcontractors will comply with regulations in A.D.A. Title I
(Employment), Title II (Public Services), and Title Ill (Public Accommodations) in
fulfilling the obligations under this agreement.
25. Mike Kelly is designated as the Contract Administrator (project
coordinator) for the State. However, any changes in the scope of the contract which
will increase or decrease the CONTRACTOR'S compensation shall not be effective until
they have been approved by the DEPARTMENT Head or Authorized Agent.
IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT
have executed this agreement in duplicate originals, one of which is retained by each of
the parties , the day and year first above written .
CONTRACTOR
(/
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Contracfor•sl Signature I
M. Chatzipantazis
Director, Operations Division
Canadian Commercial Corporation
Typed Name
WITNESS:
, I
ignature
Approved as to Form :
Attorney General of North Carolina
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEAL TH, AND
NATURAL RESOURCES
✓~Jonathan B. Howes, Secretary
I
Director
) , Q . Div. of General Semces
. By' .u.1 ., ,\ (1 . , c;:v',V'~
-Department Head's Signature
or Authorized Agent
WITNESS:
" .. . i
,·: .~ .,_J • _:; ._ ..,J •••••• -.,,
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ECO LOGIC Treatment of Soil from Warren County, North Carolina Landfill
PHASE I COST PROPOSAL
Treatability Study Costs
Stack Testing
Analytical Services
Risk Communication Services
Total Price (US$)
51,456
16,050
57,780*
16,500
141,786
Page 49
*NOTE: Cost for Analytical Services are for strict compliance with RFP terms and are based on a
three run treatabiliry study. Analytical Costs could be decreased significantly by rationalizing
the testing program in consultation with North Carolina Department of Environment.
ECO LOGIC Proprietary Information Confidential