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HomeMy WebLinkAbout08-0249 Contract # . . . l ! .' \' . . . 1.: ',' . -y-New Han?~er County Routing Slil' /j . (16 . 0 ~ l/ '--' f' Dlfpartment Acct. # IIUb YD ) (J) . !/mUD : Initials Date (/", .....,. . ./ \ v-C'\~ \~-~-(Yl '/ ; '\ U "i \~_ J '\ i \ (\J (: I -Y l \ C . - ., Contract forlDept. ~.' I \ \ , \ \ L\ \ , \,~:"'I I.. \ (, f 1\ ,,(I\.q- J ~ +D~7~ BU~_ D~o~cractor.. I t\~,J- ......~_~~.._..~~~_"""~~_c..""-.~-'-~.~"~__~~__~.~~. ... . .~"' TO:~' G~ants Co~rdinator, . Fmance Director County Manager /' , Commission Chairman I Clerk: to the Board 1 Risk Manager ounty Attorney d\~~ ~ I,) ( & I (/ .., I z../ro ~~ \~\lL~l>1 I.J-<:/.()/\ \'!,I4l.Jl . From: Legal. Dept. Date ) . l 'IJ U\...I '\ '\ Re: . ,- , ',. New Hanover County Contract #08-0249 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this k- day of ~cy,~~\)...... , 2007, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and BUXTON ENVIRONMENTAL, INC., a North Carolina Corporation hereinafter referred to as "Contractor". W!I N E SSE I H: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Performance. Contractor shall fumish all labor, materials, and equipment and shall perform all work for the project generally described as: Semi- Annual Groundwater Sampling, Statistical Analysis, and Reporting for the New Hanover County Secure Landfill in accordance with the specifications set forth in Exhibit "A", attached hereto, and made a part of this contract as if fully written herein. All work shall conform to applicable Federal, State and local laws and regulations. 2. Time of Performance. Contractor shall commence work upon Notice to Proceed. The duration of this contract will be for three (3) years, with the first sampling event being in January of 2008. 3. Pavment. County agrees to pay Contractor, for the full and faithful performance of this agreement, an amount not to exceed the sum Thirty-Eight Thousand Six Hundred Four ($38,604.00) Dollars. 4. Indemnitv. 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 attomey fees, on account of personal injuries or death 1 ORIGINAL New Hanover County Contract # 08-0249 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 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. 7. 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. 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. 2 New Hanover County Contract # 08-0249 8. Automobile Liability Insurance. Covering all owned, non-owned .Jfj ofY p'\ and hired vehicles, providing liability limits at least in the amount of $500,000 per oJ;;;~oU \1/ occurrence combined single limits applicable to claims due to bodily injury and/or r \ CP \ tb property damage. 9. Worker's Com ensation and Em 10 e iabilit Insurance. Covering all of the Contractor's employees to ngaged in the work under this - . ~ ;...0'\ ~\,I./ contract, providing the required statu benefits under North Carolina Workers' fib' \ Compensation Law, and eyers liability insurance providing limits at least in the 0,000/100,000 applicable to claims due to bodily injury by accident or disease. 10. Professional Liabilitv Insurance. The Contractor will be required to take out and maintain Professional Liability Insurance providing liability insurance limits at least in the amount of $1 ,000,000. The Contractor will be required to maintain this coverage for a period of at least two (2) years beyond substantial completion of the contract. 11. Indeoendent 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 compens::!tion, or pension or retirement benefits. 12. '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 anyone of the terms or conditions contained in this contract and fails to cure said breach within three (3) 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. ,,' 13:'tntire Aareement. This agreement constitutes the entire understanding of the parties. 3 --~ New Hanover County Contract # 08-0249 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 - I Bruce T. Shell, Coun Clerk to the Board BUXTON ENVIRONMENTAL,INC. [CORPORATE SEAL] ATTEST: ~ ------- S retary- This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. ~ A.t?...~.,- /2-/IuI~ County Finance Director Approved s to form: ~~ County Attomey NORTH CAROLINA NEW HANOVER COUNTY \~ County aforesaid, ertify th Sheila 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 County Manager, sealed with its official seal and attested by herself as its Clerk. I, (b. QrbWd , a Notary Public of the State and 4 .~ " ' New Hanover County Contract # 08-0249 WITNESS my haod aod ~~:::,~:,,~~~,!!daYof_~' ff7~. ", \e\~\\G, CrOIp; '" ~ b. _ $" ""e\ ................ <9.v % N P bl' ~ .,.... """'~"... ~ ry U I 2.>?:'t'lO' ... ~ :: : ~~~ co(\'.('l'I. ':, :. My commission expires: ~ : . ",pi'.' : ~ :; ". " "LlIo,20' \ : ~ \ \. :~1;'L\C/# f ~ ....': ~ ..... ,.1 ....,.. Its ........ C;C' ...,..... ...,.'..... #, HanolJ0\ \,\,,, "'" III" COUNTY '''111111111,,\1 I, '. J6t[~ L. -roJPof!./) ,a Notary Public of the State and County aforesaid, certify that C' .kar(i'S "RrtJs tJi~QIJ Ji-personally came before me this day and acknowledged that (s)he is the Secre ary of BUXTON ENVIRONMENTAL, INC., North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing' instrument was signed in its name by its President, ~~...<> 'RD~ b;/lorM \JR, sealed with its official seal and attested by herself/himself as its Secretary. WITNESS _Dtl\fetY'.\?t'X' my hand and official seal, this 3~ih day of ,2007. NO~J)j~ ~~ My commission eXPires:~ \.,""'111111'"",, ,.....',...'€..L TAl,.."" ..':4.V 1....,..0." ,:-....0 ~....-:. : 'S NOTARY a <. : PUBLIC . - :;: - ~ m My Comm, Expires () E . Q. November 2 2011 <:: . " '.>.. . \ <'A'\. A. -~! ',\'if. ~ ..... '.. 'vs: O,s., ...." URGG "...... '''''''''.IIIUI\\'' 5 " . EXHIBIT A SPECIAL CONDITIONS 1.1 Proiect Description: The project generally consists of the sampling, Appendix 1 analysis and reporting of seventeen (17) groundwater monitoring wells, two (2) surface water sampling points and one (1) leachate sampling point on a semi- annual basis for a period of three (3) years at the New Hanover County Landfill located at 5210 Highway 421 North, Wilmington, North Carolina. 1.2 Existing Conditions: It is the responsibility of the Contractor, before submitting a proposal, to thoroughly investigate the site, examine existing records, Federal and State requirements and regulations, associated plans, specifications and exhibits; clearly understanding all requirements necessary to perform the sampling, analysis, and reporting; that the Contractor is fully prepared to sustain all loses and damages incurred; is prepared to provide all necessary tools, equipment, labor and materials necessary to successfully complete the work. 1.3 Proiect Closeout: The Contractor shall at all times keep the site free of debris caused by the Contractor during the sampling and analysis of the groundwater monitoring wells, surface water sampling points and leachate sampling point. SAMPLING 1.4 Semi-Annual Monitoring: The Contractor shall sample all sampling points listed in 1.8 of these conditions for a period of three (3) years. The sampling will be conducted in January and July of each year beginning in January of 2008. The contractor shall provide the contact person listed in 2.2 of these conditions with a minimum of 30 days notice in advance of all sampling/monitoring events. 1.5 Additional Parameters: The Contractor shall also analyze and report any additional parameters required by the State of North Carolina, Solid Waste Section, to include, but not limited to, field measurements for pH, conductivity, turbidity, water temperature, and well depth for each sample location. 1.6 Sampling Collection Protocol: The Contractor shall collect samples utilizing low flow sampling teclmiques with a submersible Grundfos pump (or equal) and dedicated Teflon tubing for each well sampled. During sample collection the Contractor shall conform to the latest acceptable State of North Carolina, Solid Waste Section, well purging, sample collection, preservation and reporting protocol. It is the responsibility of the Contractor to store the dedicated Teflon tubing between sampling events. 1.7 Split Sampling: The Contractor shall be prepared to split samples with Local, State and/or the USEP A on any and all sampling events, ,', ' 1.8 Sampling Point Specifications: Sampling Point 65-04-E 65-04-00 65-04-H 65-04-I1 65-04-J 65.04-K 65-04-LL 65-04-0 65.04-P 65-04-Q 65-04-R 65-04- Y 65-04-Z 65-04-AA 65-04-BB 65-04-CC 65-04- WT Surface Water Upstream Surface Water Downstream Leachate Casing Diameterfin.) 2,00 2.00 2.00 2.00 2.00 2.00 2.00 2,00 2.00 2.00 2.00 2,00 2.00 2.00 2.00 2.00 2.00 ANALYSIS Total Well Depth(ft.) 25.00 30.10 23.50 30.42 39.20 28,80 28.00 42.00 26.00 21.00 40,00 21.00 46.00 26.00 16.00 15.00 30.00 1.9 Analvsis: All sampling points shall be analyzed, at a minimum for the following: 1.9.1 Appendix 1 Volatile Organics: 1) Acetone 2) Acrylonitrile 3) Benzene 4) Bromochloromethane 5) Bromodichloromethane 6) Bromoform 7) Carbon disulfide 8) Carbon tetrachloride 9) Chlorobenzene 10) Chloroethane 11) Chloroform .\ . 1.9.1 Appendix 1 Volatile Organics(Continued) 12) Chlorodibromomethane 13) DBCP (1,2-Dibromo-3-chloropropane) 14) Ethylene dibromide (EDB) 15) o-Dichlorobenzene 16) p-Dichlorobenzene 17) 1-1,4-Dichloro-2-butene 18) 1,I-Dichloroethane 19) Ethylene dichloride 20) Vinylidene chloride 21) cis-l,2-Dihloroethene 22) t-I,2-Dichloroethene 23) Propylene dichloride 24) cis-l,3-Dichloropropene 25) t-I,3-Dichloropropene 26) Ethylbenzene 27) Methyl butyl keytone 28) Methyl bromide 29) Methlyl chloride 30) Methylene bromide 31) Methylene chloride 32) MEK(2-Butanone) 33) Methyl iodide 34) Methyl isobutyl ketone 35) Styrene 36) 1, 1,1,2- Tetrachloroethane 37) 1,1,2,2- Tetrachloroethane 38) Tetrachloroethylene I 39) Toluene 40) 1,1,1- Trichloroethane I 41) I, I ,2- Trichloroethane 42) Trichloroethene 43) CFC-Il (Trichlorofluoromethane) 44) 1,2,3- Trichloropropane 45) Vinyl acetate 46) Vinyl chloride 47) Xylenes (total) 1.9.2 Appendix 1 Metals (Tota\): 1) Antimony 2) Arsenic 3) Barium 4) Beryllium 5) Cadmium " .,. .. 1.9.2 Appendix 1 Metals (Total) Continued 6) Chromium 7) Cobalt 8) Copper 9) Lead 10) Nickel 11) Selenium 12) Silver 13) Thallium 14) Vanadium 15) Zinc 1,9.3 Other Parameters: The Contractor shall sample, analyze and report any additional parameters required under State of North Carolina, Solid Waste Section, landfill groundwater sampling and analysis requirements and regulations. REPORTING 2.0 Semi-Annual Report: The Contractor shall provide a report detailing all sites sampled, analysis results (with appropriate detection limits, field sampling logs, chain-of-custody forms and other information, including a determination of groundwater flow direction and an estimate of groundwater flow velocity overlaid on a site potentiometric map, as necessary to satisfy the State of North Carolina, Solid Waste Section on Semi-annual landfill groundwater monitoring and reporting requirements). 2.1 Statistical Report: The Contractor shall provide, with each report, a Statistical Report determining if there is statistically significant evidence of contamination at the facility. The statistical analyses will be computed using GRITS tat as provided by the EP A, including the Kruskal- Wallis Test (a non-parametric analysis of variance [ANOV A] ) for each Appendix I constituent using the data from the four(4) most recent sampling events for each background and compliance well, 2.2 Report: The Contractor shall provide the reports noted in these specifications to: New Hanover County Department of Environrnental Management 3002 Highway 421 North Wilmington, North Carolina 28401 Atten: Andrew T. Mulvey Three (3) copies of the reports noted shall be received within 45 days of the completion of the sampling event. ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE lMlIIDDIYYYY) 11129107 PRODUCER THIS CERTlRCATE IS ISSUED AS A MATTER OF INFORMATION Hood, Hargett & Associates Ine ONLY AND CONFERS NO R1GHTll UPON THE CERTlFlCATE Post Office Box 30127 HOLDeR. THIS CERTlRCATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAOE AFFORDED BY THE POUCIES BELOW. Charlotte, NC 28230 704374-1863 INSURERS AFFORDING COVERAGE NAIe # INSUIlED DI8URER" Hudson Speclanty IriB Buxton EnvIronmental, Inc. INSUReR s: P.O. Box 11550 INSURER~ (Non-Renew at ran. unless we write alQ INSURER D: Charlotte, NC 28220 INSURER E:; Client#: 8453 BUXEN COVERAGES THE POLICIES OF lNSURANCE LiSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE fOR THE POLICY PERIOD INDICATED. NOTWJTHSTANDING NojY REQUIREMENT, TERM OR CONDITION OF AHY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIACATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSlONS AND CONcrrlONS OF SUCH =:'AGGREGAlE LIMITS BHOWN MAY HAVE BEEN REDUCED BY PAlO CLAl~ ~ L TR 1YPJ: OJ' IN8URAJlCE POLICY NUMBER PO L.MI& A ~""'UA8lUTY FEC6113796 07/21107 07/21108 EAQtOCC_ S1 000 000 X COMMERaAl. ~eRAl UABaJTY DAMAGE' TO RfN'lliD 550 000 ::: ::]. ClAIUS MADE [i] OCCUR NED EXP fAnv... pII"') 55 000 X BUPD Dad:2.500 .....CH.L.ADYINJURY .1000000 GENEJW...AGGREGATE .1 000 000 ~~nut.lrTAPfnStPER: PRODlIC'TTj - COMPIOP AGO .1 000 000 X poucy 1 \'l'lI; LOC . A ~UA8IUIY CON8INEO sINGlE LIMIT $1,0001000 - _ AUTO (EatlCdltent) - AU. OWNEOAUTOS BOOl. Y INJURY . - SCHEDULED A1JT06 (P.-,.....) 1!. HIRED AUTOS FEC6113796 07/21/07 07/21/08 BODlLY INJURY . !. N()M..(7f,INCOAl1TOS (~rllCCldent) - PROPmTY DAMAGE . , (PerKddtnt) =rOE LIABIlITY AUlO ONLy ~ EA ACCIDENT . _AlITO OTHER THAN EA ACe . AUlOONtY: AGO . ~1lIBREU.A UABIUJY EACH OCCURRENCe . ocaJR 0 a.AlMS MADE AGGREGATE . . ~ O'EOUCTlBLE . RETENTlON . . WORKERS COMPENSATION AND I ' we STATU- IOJl!" EMPLOYER&" UA8LITY MY PROPRIETORIPARTNER/EXECUTN'E E.L EACH ACCIDENT . OFFlCERlMENBER EXCLUDED? E.L DISEASE - EA e......OYEE $ ~~~~~SIMlklw E.L DISEASE - POLICY UUtT S A OTHER Professional FEC6113796 07/21107 07/21106 $lMM Per ClafrnlPer Agg. A Contraclons FEC6113796 07/21/07 07/21/08 $lMM Per ClalmlPer Agg. pollution $2500 Dad Per Clabn pt:SCRIP1KlN OF QPSlA11ONSft.OCATIOHSfYEHICLDJEl<<"I .,...- ADDED BY ENDORSEMBfT ISPECIALPRCMSIONS New Hanover County Is added as additionallnsul'8cl under the General Uabllty CERTIFICA IE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE tHE EXPIRATION New Hanover County DATETHEREO',THElSSUlNGlNtuRERWlLLENDEAYOR.TOMAIL -3!L DAYSWR!TTEN NOnce TO lHE CERTIfICATE NOlDER ....ED TO THE L.I!PT, BUT FIdUJRE TO DO SO SHALL IMPOSE ICOOBUGATlON OR UABIUTV Of fIJf'i KIND UPOIriIlNE INSURER, rra AGENT& OR. REPRESENTAlIVES. ~~:~NE __ ACORD 25 (2001108) 1 012 1IS6581l41M65863 RMG e ACORD CORPORATION 1988 3/004 LMG LMG 11/29/2007 4:45 PM PAGE Lih~ CERTIFlCATE OF AUTOMOBILE INSURANCE Mn TillS IS TO CERTIFY THAT the named imurcd is at 1hc date of this c crtificatc insured by the company with respect to the automobiles hereinafter deseribcd for the types of insurance and respective coverages hereinafter designated by cutry of the limits oflialrility or a statement that the coverage is in cfTcl:t end in accordaDl:c with the: provisions of the Automobile Polic:yin use by sBid compmy. Ibi. Certificate of InSUfUU:C neither affinnati vc:ly or nc:gativdy amends, extends or alters the coverage afforded by the policy. Name CHARLES R KLINGMAN SR JULIA KLINGMAN FOR LIEN HOLDER INQUIRIES CALL OR WRITE l-IOD-.cDlJ-Om p.o. BOX 2917 Address 515 JEFFERSON DR CHARLOTI'E NC 28270-5345 PHOENIX,AZ lI5ll3S .... .':.: .'...2"..,,'yl:#~~fn9~9t.t~jff~~{i.~'~Q~;~Jji.b.#@m~~lt:i:Itt!';;~;'i;l#~:l.~~~!,y ....'.".........."'.....:.......::.:............ Policy Number ABI.258-307437-70 Effective Date 04/18/2007 Expiration Date 04/18/2008 PART A PART B PART D - DAMAGE TO YOUR AUTO COVERAGE Coverages: LIABILITY p~~~~C:~ L~~E~uGs~~:V ~:D:?~jjc:tIB~:A:)i6jtNiY~~~.~.ikJ_9:~~~~~~)ii(.0t~R_si~.;.;.: Loss Caused byCollision Lo~3 Other ThWl Lo3l:1 Caus COVERAGE COVERAGE COLLISIOn INCLUDED b Collision Accidental Death Ben.rrt: $ Proteetion Against Uninsured Motorists: Each NlIID<d lnsw:cd Eaoh Per, S Eaoh Acc, YES 100/300 D BASICNO-FAULTCOVERAClE D OPTIONAL NO-FAULT COVERAGE ......................., ............":'j~ES~t():Il''.'PF:A.'ttT-QJ49BltES"...................:..:.:.::;,..:......c",.c:.'.,",.::: Limits of Liability 500,000 2000 "'Includes Medical Expens. POllCY INCLUDES, .....-..----------.- ...................... .................... Year of Model Trade Name 2000 Dodge -................... ----................. ...................... .---................. ---.................... ........................ ................ .__n_____ ...............................-- ------........................... .n................................... "llClI" Il'I4lca~lr llr:IWIJ c.~ Vll.lUe "ACV" In41r:atrlr Ar:tulll C~ VIllue NO lea: Deductible leA: D8duchblll Body Type DNGOSP/SLT Identification or Serial Number IB4 HS28Z6YF111623 .-......................... . -'-.-.-.-. ~:::.-:-::,:::.::"::.::::,::.::::::.:.:,::.:.:,~::. .......................... -----..................... ............................. ...................--------------..-....... ....--................ ---...----........--... ........................ .....................-.-- !ZiP I Such in.ur!lllCC a. i. afforded by the policy for 1088 of or dmnallC to the automobile i. payable, a. intere.t may appear, to the named insured and the Los6 Payee :indicated below in accordance with terms of the Loss Payabl Clause on the reverse side hereof: Term of Loan, From: I To, The mSUTlUlce described herein is in effect on the date of this certificate and shall remmn in force until canceled in accordance with the terms of the policy, o Liberty Mutual Fire In.urance Company I!!I Liberty Mutuallnsurance Company o LM lnsurance Corporation Loss PAYEE and ADDRESS o Liberty In.urance Corporation o The First Liberty lnsurance Corporation o Liberty Mutual Mid Atlantic lnsurance Co ~. it 1/111 u-.."..( ~,k~/ SECRBTAR'lf"l PRESIDE~~ Dated 11l129/2007 I At IPHOENlXICRC I Countersigned t1. "'<L.-d4fH--.... Signanbe of Authorized Representative PS 485 RI7 "The insurance covered by this certificate will not 7/30/02 be canceled or materially altered, except after thirty (30) days . tt -7>\ Y - - "" b.......J F; "-...J,,,'_~"',T~' wrJ. en notice has been received by Countv" U-f/""--- 'I ..,.-,- jj:'I.--.?- IMPORTANT If 1I1e certificate holder is an ADDITIONAL INSURED,1I1e poIicy(ies) must be endorsed, A stateman! on 1I1is certificate does not confer rights to 1I1e certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and condillons of 1I1e policy, certain policies may _ire an endorsement. A s1alement on this certificate does not confer rights to 1I1e certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of InslJ/ance on Ihe reverse side of this form does not constitute e contract between the issuing insurer(s), authorized representative or producer, and 1I1e certificate holder, nor does R effirmalively or negatively amend, extend or alter the coverage a_ by the policies listed 1I1ereon. ACORD 25-5 (20011U8l 2 of 2 f/S858841M65883 LMG 11/29/2007 4:45 PM PAGE 4/004 LMG P08eZ LOSS PAYABLE CLAUSE Loss or _08e under this policy shall be paid.. inlerest may appear to YOlllll1d Ibelosspayee ShOWD on the fml p08e of this certificale, This insuram:e covering the interest of the loss payee shaD not become invalid because ofyour:fraucIDltDt acts or omissions, unless the loss results from your conveI1iion, secretion or embezzlement of your cove;red auto. However. we reserve the right to cancel the policy Of! pormitted by policy tcmm and tho llDn(;cllation aholl laminate thi6 agreement llfI to the 1068 pCl}'ods interest. We will gi.ve the some advance notice of cancellalion to the loss payee as we give to the named insured shown in the declEll1l1ions. When we pay the 10.. payee, we shal~ 10 Ihe exlenl ofpaymenl, be sllbrogated 10 Ihe loss payee's righls of recovery, LOSS PAYABLE CLAUSE (NORTH CAROLINA) Loss or dam08e under this policy shall be paid as inlerest may appear to YOIl lII1d Ibeloss payee shown on thefust P"8e of this certificate, This insurance covering the inl....st of the loss payee shall become invalid only because ofyoarconv....ion, secrelion of yoar covered aulo, However, we r.sav. the righlto canc.1 the policy as p.nnitted by policy I.nns and Ih. cancellation shalllenninat. this w-anent as to the lor, payee's interest. W t wiJlgiv.. the loss payee 10 days Dotiee of nncellation. Wh.n w. pay th.l... pay.., w. shall, 10 the exlenl ofpaym.n~ be subrogated 10 th.loss payee" righls of recovery, LOSS PAYABLE CLAUSE (TEXAS) Loss or dam08' under Coverage for Dam08.lo your Aulo shall b. paid lIS interest may app.ar to YOIl and the loss pay.. ShOWD on Ibe frst P86e of this certificate. This insurance covering tbe interest of the loss payee shall not become invalid because ofyour:&audulent acts or omissions, unless the loss: remits from your conversion, secretion or embezzlement of your covered sato. However, we reserve Ih. riShllo canc.llh. policy .. pennittod by policy lerm. and the canc.llation .hall lerminate this O8reemenlllllo lb. 10.. pay..'. interest. We will give the same advance notice of cancelJ.ioD to the loss payee as we give to the named insured shown in the d.claralions, When w. pay the 10.. pay.., w. shal~ 10 Ih. .xtent of paym enI, b. sllbrogated 10 the loss pay..'s rights of r.covery, NOTICE TO OTHERS IF CANCELLATION OCCURS "We" will not cancel "Your" Policy or reduce the insurance under any of its coverages until at 1_ 10 dll)'. after w. have mailed a written notice of web canc.lllIIion or r.daotion 10 the person(s) nam.d .. additional inlerest on r,ven<e side, Additional Insured (Lessor) - Appliel when additional insured is corqdetcd. on revene sic1c. AS1019 (cd 12-89) AS 1187 11 90 (PP 03190886) Description of "your leased auto": as described on reverse side. Any liability and any required no-f8l111 coverag.s afforded by Ih is policy for "yollr I....d 8I1to" also apply 10 th. I.ssor nam ed in Ibis endorsement as lID addltional inllllRd. This insumnce is llI1bJeCllo the following additional provisIons: I. w. will pay dlDlloges forwhicb lb. lessor becomes legally responsible only if the damages arise out of acts or omissions of: (0) you or lII1Y "filmily member", or (b) any olber person ."ceplth.lessororany employ.. or O8enl ofth.lessorusing "yollr leas. aulo", 2. "'Yoar lease auto" means: (a) an 11I10 shown in Ih. Declarations or in this .ndonemenl which you I.... for a continuous p.riod ofat 1east six months Ilnder a written agreemenl.wieb requires you to provide primary insuranc. for the lessor, and (b) any S1Ibstillll. orreplacemenl aulo furnished by lb. lessor nam.d in this endors.m.nt 3. If we I.nninat. this policy, notice will also be mail.d to th.l.ssor, 4. The lessor is not responsible for payment of premiums. 5, Tb. desisnation oflb.l.ssor.. an additional insured shall nol openlle 10 increase our limits ofliobility, This endorsement must be attached to the Change Endorsement when issued after the policy is written, Copyright, Insurance Services Office, Inc" 1986 / SUBCONTRACTOR'S WAIVER OF WORKERS' COMPENSATION COVERAGE c<<:.Y- I certify that I am a subcontractor, that I am"EI ~p~p1~;;'~ ~~~rtn..r and that I have no employees. I hereby waive any right to benefits under the North Carolina Workers' Compensation Act which might arise out of and in the course of my work as a subcontractor for New Hanover County. -1J,~'-o1- Date L+\u...) t,Jv:nw,.J.llF.,.i\~l :r.u<. . . Name of subcontractor ~ /-' ,.-...,-- .... --------- Si at~ubcontractor ~ J?""" i ~v,.) NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU Deputy ComIty Attomey SHARON J. HUFFMAN Assistant County Attonley December 7, 2007 Buxton Environmental, Inc. Attn: Ross Klingman, P. Q, President PO Box 11550 Charlotte, NC 28220 RE: New Hanover Contract # 08-0249 Dear Mr. Klingman: 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 ofthe County Attorney Enclosure 230 Govemmelll Cellter Drive' Snite # 125 - Wilmington, N C 28403 Phone: 910-798,7153, Fax: 910.798,7157 www.llhcgov.c.om