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HomeMy WebLinkAbout09-0193 b' ." '-0.1:., 1..:- '.... New Hanover County Contract #09-0193 NORTH CAROLINA NEW HANOVER COUNTY PROCESSING AGREEMENT THIS CONTRACT, made and entered into this ~ day of ~O()'i <)~~ ' 26et, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and MCGill ENVIRONMENTAL SYSTEMS OF NC INC., a North Carolina corporation, hereinafter referred to as "Contractor"; WITNESSETH WHEREAS, the County desires to separate and divert portions of recyclable materials from its landfill as well as stimulate a growing recycling market; and WHEREAS, the County desires to separate sheetrock at the landfill to the Contractor for the purpose of recycling and to increase effective usage of the landfill; and WHEREAS, the County will collect these recyclable materials at a designated area of the County landfill. NOW THEREFORE, for the consideration herein stated and subject to the conditions provided herein, the County and the Contractor do hereby enter in to this agreement and collection of sheetrock as described in Exhibit "A" as follows: SECTION 1. The County shall separate and store sheetrock at the construction & debris pad at the landfill for contractor removal. Page 1 of 37 dm ORIGINAL ..,.. ~~', I:l I New Hanover County Contract #09-0193 SECTION 2. The County shall provide the necessary personnel, equipment, and space for the i collection, separation and storage of sheetrock. SECTION 3. The Contractor shall collect and remove the sheetrock during normal business hours of the landfill within seventy two (72) hours of notification except nationally recognized holidays. Unless specified by both parties, in the event of an emergency the removal shall occur as promptly as conditions permit. SECTION 4. The Contractor shall provide all personnel and transportation of the recyclable materials from the construction & debris pad. SECTION 5. The County agrees that the sheetrock become the property of the Contractor once the sheetrock has been removed from the pad. SECTION 6. The Contractor shall assume liability for all applicable local, state and federal laws including, but not limited to, transportation of the sheetrock. SECTION 7. The Contractor agrees to indemnify and hold the County harmless from any and all actions, causes of action, claims, liabilities, damages, and the like, including a reasonable attorneys fee, that may result from the Contractor's actions in handling the white goods and Page 2 of 37 dm .,A. I New Hanover County Contract #09-0193 scrap metals including, but not limited to, the failure of Contractor to comply with all environmental laws, rules and regulations. SECTION 8. Indemnity bv Contractor. 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. 8.1 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. 8.2 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 ten (10) days of Contractor's receipt of Notice of Default, 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. This agreement Page 3 of37 dm .>,_! I I New Hanover County Contract #09-0193 may be terminated without cause by either party with thirty (30) days written notice to the other party. 8.3 Title to Goods and Insurable Interest. Title to sheetrock shall pass to Contractor, and Contractor shall obtain an insurable interest therein, at the moment sheetrock is placed at a designated pad area at County's Landfill. SECTION 9. Except hereinafter set forth, the term of this agreement is for a period of approximately 1.5 years (from the date of execution through June 30, 2010) with the option by the County to extend one (1) additional year after the referenced term. SECTION 10. The Contractor shall adhere to and comply with all environmental laws, rules and regulations. SECTION 11. In the event the Contractor fails to comply with the terms and conditions of this agreement and fails to cure any default hereunder within ten days after notice, the County shall have the right and option to terminate this agreement immediately and/or pursue any remedy afforded bV law or equity. SECTION 12. Payment by the County for the sheetrock collection and removal shall be in accordance to Exhibit "A", attached hereto and incorporated herein. Page 4 of 37 dm fi ~ I New Hanover County Contract #09-0193 SECTION 13. Risk of Loss. For purposes of this contract, risk of loss shall pass to Contractor upon identification of goods as described in paragraph above; i.e., at the time the sheetrock at the designated pad area at County's Landfill. 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. Certificates and Notice of Cancellation. Before commencing work under this agreement, Contractor shall furnish New Hanover 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 cancelled or materially altered, except after thirty (30) days written notice has been received by New Hanover 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. Workers Compensation and Emplovers Liability Insurance. Covering all of the Contractors employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in the amount of $100,000/500,000/100,000 applicable to claims due to bodily injury by accident or disease. Page 5 of 37 dm New Hanover County Contract #09-0193 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. 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. Umbrella Liability Insurance. Providing coverage as excess above the underlying Commercial General Liability Insurance, Automobile Liability Insurance, Employer's Liability Insurance and policies 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 and/or property damage. The parties named as addiUonal insureds under the primary underlying policies are to be included as additional insureds under the Umbrella Liability Insurance coverage. SECTION 14. 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: Page 6 of37 dm _1 I I (jJ .;\; (~ New Hanover County Contract #09-0193 To County: New Hanover County Landfill Attention: Sam Hawes 3002 Hwy. 421 North Wilmington, North Carolina 28401 . To Contractor: McGill Environmental Systems of NC, Inc. Attn: Steve Cockman, Sales Manager 634 Christian Chapel Church Road New Hill, NC 27562 SECTION 15. 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. SECTION 16. 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 NEW HANOVER COUNTY ~ Bruce ~~ .. ... ~l.~-'\~ Sheila Schult Clerk to the Board I Page 7of37 dm : j I New Hanover County Contract #09-0193 MCGILL ENVIRONMENTAL SYSTEMS OF NC, INC. ATTEST: ~ This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. IJ ()J iJAAIl 11 fJ7(1 !!tuA1 CountYvFinance Director 1l5gr; NORTH CAROLINA NEW HANOVER COUNTY I; ~Jmk,-e;t\~'th C. ~VbW dl . Notary Public of the State and County afo~rtify ttJat Sheila 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, Bruce Shell, sealed with its corporate seal and attested by herself as its Clerk. q ~ . WITNESS my hand and official seal, thiS& aay of ~l1aJl,1 ,20~ . ~ 6~ ~l '1111~fr;x"f ubi ic ~\'\'\ , If I, ,~'i.\t.. \,'~\(\"1i1 G f'l ,;,;" rs~\~1:I . C; "" ~~ . ;&~y ..........0 'Ok '';0 -.$ ......\."'S....- ..- -. ~ ~ ~ ~".'N."OTARY... ~ ~ g '... l.- , .. :-- ... ~ ?i ! MyComm. \ : ! ! Expires : ~ \ \. 3/24/2011 l ~. \. ~.'...rUBLI~./~ j ~- 6'>t.. ............. ~.f' ......; . 'Y Ii, (' \) . , ", "III anovet v \\", 11111"1/ filiI" \ \ \ \\\\\ My commission expires~ , / Page 8 of37 dm New Hanover County Contract #09-0193 NORTH CAROLINA NEW HANOVER COUNTY I, L l~rlOl G. (!Oqrt~ , a Notary Public of the State and County aforesaid, certify that mOl ttl..u.J 16~ h ~lv'\ came before me this day and acknowledged that (s)he is Secretary of MC ILL ENVIRONMENTAL SYSTEMS OF NC,INC, a North Carolina corporation, and that by County duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him/herself as its Secretary. \. WITNESS my hand and official seal, this l ~ n day .JOthAAlA v,t) ,200,," (2(~ A. ~~) Notary Public My commission eXPires:~ ~5J 26f 0 of Page 9 of 37 dm New Hanover County Contract #09-0193 EXHIBIT A November 25,2008 Mr. Steve Cockman McGill Environmental Systems 634 Christian Chapel Ch Rd New Hill, NC 27562 RE: Request for Bids New Hanover County Secure Landfill Sheetrock Recycling Dear Mr. Cockman: New Hanover County is soliciting bids for the transportation and recycling of sheetrock stockpiled at the New Hanover County Secure Landfill located at 5210 Highway 421 North, Wilmington, North Carolina. Other project specifications are as follows: · The sheetrock to be recycled has been sorted from C&D waste material and is predominantly virgin material (new construction) · Sheetrock to be recycled in stockpiled and stored separately on a concrete pad · New Hanover County Landfill st~ff will notify contractor when hauling is needed · Contractor shall provide trailer f6r transport within 72 hours of notification · New Hanover County Landfill Staff will load recycling trailers · The sheetrock hauled out will be weighed on landfill scales · Approximate annual volume to be recycled is 900 to 1,500 tons · Contractor bid price shall be in $/ton and should be inclusive of all costs (recycling, transportation, surcharges, etc.) · Contractor should specify size of transportation trailers to be used and also give multiple pricing options for different size trailers if possible. · Contractor shall inform New Hanover County of the re-use plans (how is it being recycled) for the sheetrock · Terms of the agreement are for 1.5 years (1/1/09 through 6/30/10) with the option ofa one (1) year extension. I have included a draft contract including insurance requirements and a set of Contractor safety guidelines, which must also be signed (page 18), for your review. This letter will serve as Exhibit A and will be considered part of the contract documents. Page 10 of37 dm . I New Hanover County Contract #09-0193 Bids will be accepted until 5:00 P.M., EST, Tuesday, December 16th, 2008, and should be addressed to my attention, at the New Hanover County Department of Environmental Management, 3002 Highway 421 North, Wilmington, North Carolina 28401. \ If you have any questions concerning the request for bids, please contact me at (910) 798-4454 or email shawes@nhcgov.com. Sincerely, Samuel P. Hawes, IV Landfill Manager N IE '^-l /-1 f) tJ t) J E (I- 1/ 2 5',75 P 6.;L '+!P N ~;--Jj) P-'EcycLr;]), c: () '-' ;..J -I- t A 1 f2-~ E.J r 0 F c> (L ALL ..s I-{ ;;. E + p- to C. It:- rAy' ~ 0 "',1'1 A/h:.:.. .f..&J /'- SC- /-l I-) J L € 0 0 c..1 +- ,/-1 / j C 0 rJ ";-/2- A c./- ro p., -+ h IE I tV If- i A L Wlt-L /Vol t. [; II. f1 0 (= EX' eEtED 4'>7, 738,00 . 5e" 'f l-{ I .s. P, 7 /2.. GeM r:-.,...J 'f: Ol<' 0-4 ,,~..:>~ ~~.. 6) \.q...o'6 ~ Cc: John Hubbard, Director Lynn Bestul, Solid Waste Planner Sheetrock File Page 11 of37 dm . : i i . New Hanover County Contract #09-0193 CONTRACTOR COMPLIANCE REQUIREMENTS dm Page 12 of 37 " ' New Hanover County Contract #09-0193 Introduction 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 APPENDIX A Statement of Pu ose ';;; \ General Contractor Guidelines Safety Training 0 tions Standards of Conduct Hot Work Su lement for Contractors Personal Protective E ui ment Hazard Communications (HAZCOM) Lockout/Tagout Electrical Safety Sup lement for Contractors Fire Protection! Emergency Evacuation Contractor Agreement Form DEM Ins ection Forms and Non-Routine Work Permits 3 4 6 7 8 9 12 13 14 16 18 19-29 Page 13 of37 dm , .' New Hanover County Contract #09-0193 The personal safety and health of each employee of the New Hanover County, Department of Environmental Management is of primary importance. The prevention of occupationally induced injuries and illnesses is of such consequence that it will be given precedence over operating productivity whenever necessary. Our goal is to maintain a safety and health program conforming to all applicable OSHA standards and to be a leader in safety program management within our industry. To be successful, it will require cooperation to all safety and health matters. Only through such cooperation can a safety program be established and preserved. The following contractor safety and health rules, when applied properly and used with good common sense will assure smooth workflow, high quality results, and aid in the safety effort. In turn, this will result in reduced possibilities Qf injury to you, other employees, or the public and, furthermore, will reduce the possibility of avoidable damage to any equipment or property. It is not possible to detail all of the situations or to provide precise guidance for every contingency employee can encounter in the course of their work or off-the-job activities. However, close adherence to the rules and the desire to apply good sense to all actions will yield the best possible safety results. It is your responsibility to act so as to provide: a. Safety to yourself b. Safety to your co-workers c. Protection to the public; and d. Protection to property You are expected as part of your job, to take an active part in the DEM Safety Program and apply it in your everyday work. 1 JO GUI A. All contractors and sub-contractors shall furnish the New Hanover County, Department of Environmental Management with a copy of the following certificates: . 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 NC Workers' Compensation Law and Employers' Liability Insurance providing limits in the amount of$l 00,000/500,000/1 00,000. . COMMERICIAL GENERAL LIABILITY: Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad from property damage liability insurance coverage. Exclusions applicable to explosion, collapse and underground hazards are to be Page 14 of 37 dm . ' New Hanover County Contract #09-0193 deleted when the work involves these exposures. The policy shall provide liability limits at least in the amount of $1 ,OOO,OOO/occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. . AUTOMOBILE LIABILITY INSURANCE: Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of$l ,OOO,OOO/occurrence combined single limits applicable to claims due to bodily injury and/or property damage. B. The contractor agrees to hold DEM harmless in the event of an accident or injury to one of his employees or damage to his property regardless of which party may be at fault. C. The contractor must have a competent individual in charge at the job site to supervise the job and conduct an adequate accident prevention program. D. At all times when non-routine work is being performed, the contractor must obtain a non-routine work permit. The non-routine permit can be obtained from the shift supervisor, maintenance foremen, maintenance manager, or safety manager. E. All contractor employees must abide by DEM General Safety Rules and Regulations at all times. F. All accidents must be reported immediately to the Project Manager or Safety Manager. G. Contractor employees are not to enter other areas of the plant unless it is required for the performance of their job. ( , H. It is the responsibility of the contractor-to inform management of any known hazardous condition that may exist due to the contract work being done in the areas where departmental employees may be exposed to the known hazards. I. It is the responsibility ofDEM to hold a pre-construction operation and safety briefing with the contractor before any work is to begin. (~ J. Periodic job site inspections are to be done by a departmental representative to see that the job is proceeding safely and according to the agreement. K. Contract personnel are to check in and out of the department's premises on a daily basis. L. It is the responsibility of the contractor to review the confined space information supplied by DEM before entering confined spaces to perform work on DEM property and comply with 29 CFR 1910.146. M. It is the responsibility of the contractor to review the lockout/tagout information supplied by DEM before performing work that requires the locking or tagging out of any type of energy source and comply with 29 CFR 1910.147. Page 15 of 37 dm New Hanover County Contract #09-0193 N. It is the responsibility of the contractor to review the hazard communication program supplied by DEM before performing any work on DEM property and comply with 29 CFR 1910.1200. O. It is the responsibility of the contractor to provide Material Safety Data Sheets for all containers of hazardous substances brought on DEM property. P. It is the responsibility of the contractor to make sure all his employees comply with the DEM Personal Protective Equipment (PPE) policy at all times. Q. It is the responsibility of the contractor to make sure all his employees comply with the DEM Hot Work policy at all times. R. The contractor understands that violating these rules will lead to his/her immediate dismissal. S. The contractor understands that a waiver form must be signed to use any New Hanover County equipment. 2.0 CONTRACTOR SAFETY TRAINING OPTIONS Option A The job site and construction procedures used by the contractor and/or contractor employees shall meet OSHA compliance found at 29 CFR 1910 and 1926 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/Tagout _ Confined Space Entry _ Respiratory Protection Hazard Communication _ MSDS Submittal (if applicable) _ Fire Prevention and Protection (i.e. Fire Extinguishers) Fall Protection _ Scaffolding Powered Industrial Trucks Ladders _ Personal Protective Equipment _ Welding, Cutting & Brazing Electrical _ Trenching/Excavation _X_ Other(s): Complete Safety Manual Option B Page 16 of37 dm New Hanover County Contract #09-0193 In lieu of submitting valid training records the contractor may present a valid Wilmington Area Contractors Safety Council (W ACSC) Card. The W ACSC Contractors class covers job safety and health guidelines that are necessary to be familiar with before working at DEM. Option C (Department of Corrections Only) Before any inmate or DOC Supervisor may begin work at the Department of Environmental management, they must attend the DEM Safety Orientation. The DEM safety orientation provides valuable information concerning the hazards that may be present at the New Hanover County Landfill and W ASTEC. 3.0 The Department of Environmental Management has established these Standards of Conduct to ensure the smooth and efficient operations of the Department and your job. Violation of these standards is serious and will subject the employee to disciplinary action including the possibility of immediate discharge. A. Willful damage of any departmental property or the property of other employees. B. Possession, use or distribution of alcohol, narcotics, or illegal drugs on department property. C. The possession of firearms, ammunition, concealed weapons, or explosives, unless properly authorized. ' D. Abusive or threatening language, fighting, or interfering with fellow employee(s), supervisor's or manager's job. E. Stealing or attempting to steal from fellow DEM employee(s) or the department. F. Refusal to perform assigned duties or to obey instructions. G. Sleeping on the job is forbidden. H. Negligence or conduct which could result in injury to themselves or another person or damage to department property. I. Use of profane language. J. Falsifying any documents. 4J) All contractors must obtain a hot work permit before beginning any welding, cutting, or brazing work. The hot work permit may be obtained by contacting the Maintenance Manager, Safety Page 17 of37 dm , I' New Hanover County Contract #09-0193 Manager, Maintenance Supervisor, or Shift Supervisor. The following checklist must be completed before a hot work permit is issued: 1. The location, where the work is to be done, has been personally examined by the Maintenance Manager, Safety Manager, Maintenance Supervisor, or Shift Supervisor. 2. Overhead sprinklers, where provided, are in service and will not be taken out of service until work has been completed. 3. There is no flammable dust, vapors, liquids, or unpurged tanks or equipment previously containing such materials in the area. 4. The work will be confined to the area or equipment specified in the permit. 5. The contractor has provided ample portable extinguisher(s). 6. All combustibles will be moved 35 feet from the cutting or welding area that can be moved and the remainder will be protected with welding curtains, flame proof blankets, or metal guards (provided by the contractor). 7. Responsible personnel have been assigned to watch for dangerous sparks in the area, as well as the floors above and below. 8. The contractor will provide a flash curtain where work is being performed in an area where other employees will be working or passing by. 5LO (PPE) Personal Protective Equipment (PPE) will be required and must be used in all areas where the job or operation performed or the location is a hazard to the health and safety of the employee. The department has conducted a personal protective equipment assessment which is available for review. The following are examples where personal protective equipment may be required. NOTE: Any employee that reports to work without his or her personal protective equipment will not be allowed to perform work without first obtaining the proper protective equipment. Head Protection 1. Head Protection shall be worn: . In the plant . Outside the plant Page 18 of 37 dm : . New Hanover County Contract #09-0193 2. Department issued hard hats are not to be drilled or cut. This may result in weakening the mechanical strength and dielectric strength of a hard hat. 3. Hard hats shall be worn with the brim positioned to the front. The wearing of baseball caps under the hard hat invalidates the integrity of the suspension and shall not be worn. (Note: Maintenance personnel who use a grinding or cutting/welding shield may wear their hat backwards if the suspension is adjusted accordingly). 4. It is the individual's responsibility to inspect the hat and the suspension prior to each use. If either is found defective, it shall be replaced without delay. 5. Only approved Department decals and the employee's name will be permitted on a hard hat. When an employee's name is on the hard hat, it shall be produced on a non-conducting material. No other method is allowed or acceptable. 6. All head protection shall meet ANSI Z89.1 approval. Eye Protection 1. Departmental eye protection consists of safety glasses, goggles, and face shields. 2. All protective eyewear will meet ANSI Z87.1 - 1994. 3. Eye protection will be worn in the following areas: . All W ASTEC facilities, except for the control room, restrooms, and offices. . When working on the NHC Landfill. 4. A pair of goggles with a faceshield or a combination goggle-faceshield shall be worn when doing the following jobs: . Handling chemicals . Servicing storage batteries . Grinding . Chipping . Drilling . Chiseling . Soldering . Breaking concrete 5. Any employee whose eyes may be exposed to electric arc while assisting a welder shall wear eye protection equivalent to that of the welder. Page 19 of37 dm : 1 New Hanover County Contract #09-0193 Foot Protection 1. No open toed shoes are allowed in the plant area. 2. All employees performing work at W ASTEC will be required to wear ANSI Z41 - 1991 approved steel-toed work boots or shoes. Respiratory Protection 1. Disposable Dust/Mist masks are available for voluntary use. 2. No employee shall don a negative or positive pressure respirator without being properly trained, fit tested, and have a current medical evaluation on file (by assignment only). 3. All assigned respirators shall be clean and maintained monthly. 4. Refer to the following respiratory protection assessment for information concerning where contractor's may be required to wear respiratory protection. Hand Protection 1. Appropriate hand protection shall be worn when employee's hands are exposed to hazards such as skin absorption of harmful substances, severe cuts or lacerations, punctures, chemical burns, thermal bums, and harmful temperature extremes. Ear Protection 1. Hearing protection will be required and used by any employee who is performing work in any hearing protection required area of the plant. These areas have been identified and a mark as such, HEARING PROTECTION REQUIRED. Fall Protection 1. Fall protection is required for work performed at heights six (6) feet of greater. At no time will an employee be exposed to the potential of a fall exceeding six feet without required fall protection. 2. Full body harnesses and shock absorbent lanyards meeting OSHA standards shall be used by employees. Safety belts and regular lanyards are not acceptable. 3. Appropriate work platforms with standard guardrails or the use of an interior and exterior safety nets which remove such fall exposures shall be considered adequate substitutes. Page 20 of 37 dm ~ ~ ' New Hanover County Contract #09-0193 4. Full body harnesses and shock absorbent lanyards are to be inspected by a DEM representative prior to any work beginning. A sample copy of this inspection form can be found in Appendix A. 6.0 Like many industries, the Department of Environmental Management is subject to the Hazard Commination Standard, found at 29 CFR 1910.1200; therefore, all contractors and contract employees must comply with this standard when working on DEM property. The department has a written HAZCOM program, maintains a current chemical inventory, and material safety data sheets (MSDS), and trains our employees according to the requirements of the standard. DEM will make available to all contractors our written program, chemi~al invent~ry list, and material safety data sheets. Contractors must train their employees concerning the standard and inform these employees of the following when they are performing work on DEM property. . How to read and understand a MSDS. . Where the DEM MSDS book is kept. . Where chemicals are stored. . What chemicals are located in the area they are working? . Apprise them of any dangers to them or other employees. NOTE: If a contractor is bringing any chemicals on-site they must supply the DEM Safety Director with the applicable MSDS. 1J) DEM has a written lockout/tagout program that establishes the minimum requirements for the lockout or tagout of all energy isql~ting devices. It shall be used to ensure that the machines or equipment are isolated for all potentially hazardous energy, and locked out or tagged out before employees perform -any servicing or maintenance activities where the unexpected energization, start-up or release of stored energy could cause injury. We require that all work being performed on any hazardous energy source be in compliance with 1910.147 and the DEM written lockout/tagout program. Before performing any work on DEM property, contractors and contract employees must: Page 21 of 37 dm ~ ------.- New Hanover County Contract #09-0193 . Provide the DEM Safety Manager with valid training records (within the last 12 months) or a valid WACSC card. . Have all trained contract employees who will be involved in the job familiarize themselves with the DEM lockoutltagout procedures (DEM pre-construction meeting). . Ensure that all trained contract employees have the necessary approved lockoutltagout devices. Each of the contractor's employees must have their own lockout locks. These locks must be clearly marked with the employee's name. 8.0 ELECTRICAL SAFETY-RELATED WORK PRACTICES Safety-related work practices covered by the electrical safety program include persons working on, near or with the following installations: . Premises wiring: Installations of electric conductors and equipment within or on building or other structures, and on other premises such as yards, parking, and other lots, and industrial substations. . Wiring for connection to supply: Installation of conductors on the premises. . Other wiring: Installations of other outside conductors on the premises. Contractors must provide minimum training to qualified contract employees who are permitted to work on or near exposed parts and be familiar with the following: . The skills and techniques necessary to distinguish exposed live parts from other parts of the electric equipment. . The skills and techniques necessary to determine the nominal voltage of exposed live parts. . The clearance distance specified for working on or near energized parts and the corresponding voltages to which the qualified contractor employee will be exposed. Qualified contract employees whose work on energized equipment involves either direct contact or contact by means of tools or material also must be trained concerning: . The capability of working safely on energized circuits. . Be familiar with the proper use of special precautionary techniques. . Required personal protective equipment. . Insulating and shielding materials, and insulated tools. Page 22 of37 dm ~ I' New Hanover County Contract #09-0193 Unqualified contract employee whose work may place them in an area where electrical work is being performed must be advised of the following: . Where the work is being performed. . 'The type of work being performed. . How to distinguish lockout/tagout devices. . What the hazards are and how to avoid them. . Any personal protective equipment they may be required to wear. DEM will require a copy of the contractor's electrical safety-related work practices program before we will allow a contractor to perform any work on our property. The contractor must do the following: . Follow the lockout/tagout standard while performing any electrical work on DEM property. . Provide training records or valid WACSC card for qualified and unqualified contract employees if requested. . Provide contract employees with the proper insulated equipment to perform the assigned task. . Provide the contract employees with the proper personal protective equipment. . Perform work in such a manner so as to not expose DEM employees to any hazard. . If the contractor and DEM employees are working on the same project coordinate with the activities to be performed so neither are endangered by the other group's work. . Have a valid CPR card from an established training agency (i.e. American Red Cross). ~tO 1. The emergency alarm/announcement method shall be: . Fire Alarm . Sprinkler System . Paging System . V oice Command Page 23 of 37 dm New Hanover County Contract #09-0193 2. Upon discovery of a minor fire (incipient stage or a fire which can be contained by a portable fire extinguisher) : . Pull the fire alarm. . Report the fire to your supervisor. . Alert others in the immediate area. . Use the nearest portable fire extinguisher, if safe to do so and you have been trained. 3. Upon discovery of a major fire: . Pull the fire alarm. . Report the fire to your supervisor (supervisor call 911) . Evacuate the area immediately. In the event of an evacuation: . Do not panic. . Shutdown equipment, if possible. . Proceed to the nearest EXIT. . Report to the DEM front gate. 4. Flammable and combustible liquids shall be dispensed by a pump or self-closing valve. 5. cNever leave open containers offlammable or combustible liquids, oily and/or greasy rags in the Plant. 6. Flammable or combustible liquids shall be stored in appropriate closed containers or tanks. All containers of flammable or combustible liquids are to be properly labeled to indicate their contents. 7. As soon as fire extinguishers have been used, they shall be returned to the Materials Building for recharging and temporary replacement extinguishers put back in place 8. No material, equipment, or tools are to be stored in any location which blocks or obstructs free access to any fire-fighting equipment and its use. 9. No material, equipment, or tools are to be stored in any location which blocks or obstructs any escape route. 10. All fire extinguishers are to be inspected at least on a monthly basis, records kept, and faulty or missing equipment replaced as soon as possible. EMERGENCY EVACUATION PROCEDURES Page 24 of37 dm . ' New Hanover County Contract #09-0193 CONTRACTOR AGREEMENT TO COMPLY I, .5f~v~ t.OC/~M/f.,J ,arepresentativeof Me C,LL do hereby acknowledge that my company has received a copy of the guidelines governing contract work being performed on New Hanover County, Department of Environmental management property. It is agreed that as part of the contract my company and its employees will comply with these guidelines and all the written programs with apply to the work being performed. ~~~- Contractor Signed: Date: dm /-2..-D1 Page 25 of 37 dm New Hanover County Contract #09-0193 !A Page 26 of 37 New Hanover County Contract #09-0193 BODY HARNESS INSPECTION CHECKLIST Instructions: L.. C> - Q,) 1. All parts of safety belt and attachments are to be .r:. en .r:. ~ Qj - CO inspected for wear and damage. (\'J - () (\'J Q,) Q,) lil - - "C ....J Qj 4>...... (\'J (\'J Q,) L.. 0> >. :s2C1l "E ....J 0 C c:: g:c 2. This -'./ symbol is for YES or OK. 0 E ill >. L.. ~ cc.~ (\'J - C> ~ "C >. ~ 0 0 This x symbol is for NO or REPLACE. c en c ~"C.. C (\'J C ~ :c (\'J U)Q. (\'J 0 -t'Cl (f) ~ <( en .~~ ....J ~ (ij ~ - 0:::: ~ c 3. To be inspected prior to any work beginning and Q,) 0 0 () 0 > 0 ij:: en returned in to DEM Safety Office. - ~ I :e L.. Qj Q,) Q,) CO 0 a.. Employee Name Badge Number Mfg. ' s Serial Number Page 27 of 37 dm New Hanover County Contract #09-0193 SCAFFOLD PERMIT Project Name: Floor: Building Number: Room Number: Contractor: Scaffold Type: Date of Procedure: Time of Procedure: Safety Belts Needed? " I I Yes I I No Name(s) of Scaffold Erector(s) Name Company Name Company If Scissors or Hi-Lift, Name of Operator Comments: " Inspected By Competent Person: Competent Person (print Name) Signature Company Date " LOCATION: CONTRACTOR: DATE OF PROCEDURE: TIME OF PROCEDURE: NAME OF COMPETENT PERSON: DATE REMOVED: Page 28 of 37 dm i . New Hanover County Contract #09-0193 EXCA V A TION/TRENCHING PERMIT Project Name: Trenching Area: Date of Procedure: Inspected By: Title: Time of Procedure: Contractor Supervisor: Company Name: Purpose of Excavation/Trenching Operation (Drainage, etc.): Classification of soil (Solid Rock, Type A, Type B, Type C) Protective System (Trench Box, Wood Shoring, Sloping, Hydraulic Shoring, Other) Trenching Excavation Measurements: Depth 1 I Width I Not Yes No Required Is a ladder provided inside the trench/excavation? Is excavate material stored 2 ft or more from edge of trench/excavation? Are employees exposed to vehicular traffic? (If YES reflective tests are required) Are underground utilities and other structures protected? (Water, Gas, Sewer, Telephone, Electric, etc.) Is there a potential for hazardous atmosphere to exist? Oxygen deficiency - 19.5 or less / Flammable Limit - 20% ofL.E. L (If YES, Refer to DEM Safety Manual- Confined Space Entry) Are employees trained in the recognition and avoidance of unsafe conditions associated with trenching/excavating activities? Comments/Precautions: Approved By: DEM Representative Signature Date * The approval must be given by a competent person. Page 29 of 37 dm (;. New Hanover County Contract #09-0193 Unsafe Acts/Conditions Observed During Survey Action Taken/Date Corrected Comments: Page 30 of37 dm New Hanover County Contract #09-0193 Name Date Name Date 1 26 2 27 3 28 4 29 5 30 6 31 7 32 8 33 9 34 10 .~~ 35 11 36 12 37 13 38 14 39 15 40 16 41 17 42 18 43 19 44 20 45 21 46 22 47 23 48 24 49 25 50 Contractor Trained: Comments: Page 31 of37 dm New Hanover County Contract #09-0193 HOT WORK PERMIT INSTRUCTIONS 1. Manager/Supervisor: A. Verify precautions listed below. B. Complete and Retain PART 1. C. Issue PART 2 to the erson doin the work. PART 1 SECTION A .. '. .. . Location: W ASTEC / LANDFILL / Permit #: RECYCLING '... , " SECTION'B " "'. . . , Date: Gas Welder, Arc Welder, or Cutting Torch Buildin2 Location: Floor: Nature of Job: Welder's Name: The above location has been examined. The precautions checked on bottom of this page have been taken to prevent fire. Permission has been granted for this work. PERMIT EXPIRES: Date: Time: AM/PM Signed (Supervisor): Precautions within 35 feet of work o Floors swept clean of all combustibles o Flammable liquids removed; other combustibles, if not removed, protected with fire-resistive tarpaulins or metal shields o Explosive atmosphere in area eliminated o All wall and floor openings covered o Combustibles moved away o Enclosed equipment cleaned of all combustibles o Containers purged of flammable liquids o Fire watch will be provided during hot work activities o Fire watch is supplied with suitable extinguishers, or small charged hose o Fire watch is trained in the use of this equipment and in sounding alarm o If welding in the crane bay area: . Has it been wet down? . Has the atmosphere been tested for oxygen and flammability levels? o If welding in the basket of the JLG, or 6 feet off the ground, is fall protection used? o Has the area been barricaded off? o Is proper PPE being worn by the person( s) performing hot work? Page 32 of 37 dm , J . New Hanover County Contract #09-0193 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT CONFINED SPACE ENRTY PERMIT SYSTEM Time: Entry Date: Person Completing Permit: Location of work to be performed: Reason for entering confined space: Mark the appropriate column with an X :y N N/A Is a "Danger Confined Space" sign posted? 0 0 0 Have all valves, switches, operating mechanisms and energy sources been locked/tagged out? 0 0 D Have all ENTRANTS, ATTENDANTS, and ENTRY SUPERVISORS been trained? 0 0 0 Is ventilating equipment necessary to obtain acceptable entry? 0 0 0 Is communication equipment necessary and available for use between attendant and entrant? 0 0 0 Has adequate lighting been supplied to allow a safe work area and allow a Quick exit in an emergency? 0 0 0 Has the area been barricaded? 0 0 0 Is the confined space provided with equipment, such as handrails, needed for safe ingress and egress by authorized 0 0 0 entrants? Is PPE being used? If so what type? 0 0 0 0 Coveralls 0 Hard Hat 10 Gloves 10 Safety Eye Protection 0 Hearing Protection 0 Safety Harness 10 Lifeline 10 RescueIRetrieval Equipment 0 Special Rescue Gear: 0 Fire Extinguishers 0 Respirator What are the potential atmospheric hazards? 0 Lack of O2 0 Dust 0 Carbon Monoxide 0 Hydrogen Sulfide 0 CombustiblelFlammable Gases 0 Other: What are the potential physical hazards? 0 Entrapment 0 Engulfment 0 Heat Hazards 0 Cold Hazards 0 Bum Hazards 0 Noise Hazards 0 Mechanical Hazards 0 Steam 0 Congestion 0 Uncontrolled Energy 0 Walking Hazards D Other: EMERGENCY NUMBERS X-4343 (Control) X-4504 (Safety) X-(Shop) X- (Maintenance) X -(Operations) X- (Plant Mgr.) X-4340 (Main) 9-911 (Emergency) Confined Space Rescue Team on Shift 0 Maintenance 0 A-Shift 0 B-Shift 0 C-Shift 0 D-Shift 0 Landfill ,",. EQUIPMENT CALIBRATION Type & S/.N' Date Calibrated By A TMOSPHERIC TESTING Date %Oxygen %LEL CO(PEL = 50 PPM) H2S (PEL = 10 PPM) 1. 2. 3. 4. 5. 6. Note: Test: 1. At the top of the space 2. At the center of the space. 3. At the bottom of the space. Permit required confined spaces are to be tested everv two hours. Page 33 of37 dm ~ i ..' New Hanover County Contract #09-0193 PRE-ENTRY BRIEFING (To be completed for all Confined Spaces) 0 YES 10 N/A Has the attendant been designated? 0 YES Have all employees been trained? 0 YES Have the hazards of the work been explained? 0 YES Has the means of communication been established and explained? 0 YES Has the means of emergency response/rescue been established and explained? I) Page 34 of 37 dm ~ . ~ c( New Hanover County Contract #09-0193 .J AGREEMENT FOR USE OF NEW HANOVER COUNTY EQUIPMENT This Agreement must be read carefully and signed by the undersigned prior to entering, and in consideration of being pennitted to use any equipment owned by New Hanover County (hereinafter "County Equipment") in and around the W ASTEC facility. EACH OF THE UNDERSIGNED, for himself/herself and any entity or person he/she represents, whether as an employee, agent, contractor, owner or otherwise, and hislher/its personal representatives, heirs, and successors in interest, expressly acknowledges, agrees, warrants and represents that: 1. He/she will, prior to the use of any County equipment, inspect such equipment. Hislher use of said equipment, if any, constitutes an acknowledgment that he/she has so irispected such equipment and that he/she fmds and accepts the same as being safe and reasonably suited for the purposes of hislher use and the use of the equipment, including vehicles. If, at any time, he/she is using county equipment and he/she feels anything to be unsafe, he/she will immediate cease using the equipment and will immediately advise the applicable employee/personnel of such perceived unsafe situation and will not use the equipment until the cause for concern has been addressed. 2. He/she HEREBY RELEASES, WAIVES AND DISCHARGES ANY CLAIMS AGAINST, AND COVENANTS NOT TO SUE, (a) New Hanover County and each its directors, officers, agents, employees, and affiliated entities and persons (collectively referred to herein as the "Releasees"), from and for any and all liability, loss or damage, and any claim or demands therefor on account of injury to the undersigned, any entity or person he/she represents and hislher/its personal representatives, heirs, and successors in interest or to any property or person or living thing brought by or on behalf of the undersigned, or any entity or person he/she represents, in conjunction with the use of County equipment, whether such liability, loss or damage is caused by"the action, omission, negligence, or gross negligence of the Releasees or otherwise. 3. He/she HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS, AND REIMBURSE, THE RELEASEES and each of them from and for any loss, liability, damage, or cost (including' reasonable attorneys' fees) that the Releasees may incur due to use by the undersigned, or any person, property, or living thing brought by or on behalf of the undersigned, or any entity or person he/she represents, of County equipment, including, for example, damage to the equipment or facilities of the Releasees and the cost of cleanup for any lubricant spills, whether caused by the actions or inactions, including negligence and gross negligence, of any of the Releasees or otherwise. 4. He/she represents by his or her use of said equipment that he or she has obtained the necessary and appropriate training and is capable of using said equipment in a safe manner. Page 35 of 37 dm { , " (j 0 ~ .J New Hanover County Contract #09-0193 5. He/she HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF BODILY INJURY, DEATH, PROPERTY DAMAGE, INCLUDING VEHICLE DAMAGE OR FAILURE, TO, himselflherself and any entities or persons he/she represents resulting from the actions or inactions, including negligence and gross negligence, of any of the Releasees or otherwise, in conjWlction with his/her use of County equipment. In stating the above, each of the undersigned hereby expressly acknowledges that bodily injuries received or damage to property or vehicles may be compounded or increased by negligent rescue operations or procedures of the Releasees. 6. He/she expressly acknowledges and agrees that the foregoing release, waiver and indemnity provisions are intended to be as broad and inclusive as is pennitted by law of the state in which the activities, including tests~ classes and demonstrations, are conducted, and that if any portion of this Agreement is held invalid, it is agreed that the balance of the Agreement shall, notwithstanding, continue in full legal force and effect. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS CONSENT, RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HA VE BEEN MADE. This Agreement shall continue in perpetuity. (If any of the undersigned is under the age of eighteen (18), a parent or legal guardian of such undersigned must also S, ~i this Agreement, and. in so signing executes this Agreement for himself and suc~j~nor.) ~-~ S; flSvG CbC ICM~Al SIGNATURE Date: 1- 1- - 0 'I PRINTED NAME 2 dm ~ Jl "' .;. New Hanover County Contract #09-0193 ACORD,.. CERTIFICATE OF UABIUTY INSURANCE I It,'~'~bl MOOlitIIt (919)459-8000 ~: (919) 458-8C11g THIS CERTIftCATE 18 ISIUED AI A MATTER OF IIIfORIIATION l'e1Di.Jt XuS1lZ'aDCe , 1'.iDaDl::ia1 Sezvices OII1LY AND CONFERS 110 RIGH1'B UPON THE CER1IffCATE HOLDER. THIS CER11fICAlE DOES NOT AIIEIID. EXI'Bm OR 100 ~ D%i.ve ALTER 1HE COVERAGE AffORDS] BY THE POl.ICIEI BElOW. Su:i.t:e 100 Cazv Be 27511 INSURERS AFFORDJIIG COVERAGE MAle . 11__ td1.IflI!IIllI. Pizellll:eD ' S Xus Co of lfash 21784 HeG2.U ~t:&l. Syst:ems of lie, :IDe . 'IdUM!IIa P. O. Bcur 61 ~e~ ~D! Bazzells IIC 28444 ~e COVERAGES ~~=-~~~==~~W~~~TO~H1~=~~~D~~= THE IN$URANCE ~ f!1l( THE POUC_ CE$CRJBED HBIEIN 11$ $UB.IECT TO ,lU. THE TERU8. DCW$IQN$ AND CClNDmCN$ OF $UCH PCIUCE$. ....- .... ---- '!elm ft'IIliIIOII~ IlOUC\' IiIlM!llll LMTa ~......... ~ . 1.000.000 X Dcw.':~ . 100,000 A CltAOU2eI4-1" 1/1/2008 9/1/2009 . 10.000 - ......-... . 1.000 000 ~ . 2.000.000 Iii-ril~'n-" ~- . 2.000.000 X POUeV . UlC ~U'o\W'IW 00llI8iNel).... UIlIT . 1,000,000 ,.!.. AiN~ ...... A I-- ~ OlWIONIJOS cuomeas-t2 1/1/2008 9/1/2009 4lICCQ....1iWllV ~.... . - ~AVI'eIe .!. ..... AUTOS ~\' IiWllV . .!. ~AUrOS ~~ PaOPeRI\'~ . ~~ =i~U'o\W'IW AUfOCMt. '1'- . Aitt~ one 'OWlI 8.at'le . AUTO~'r. .- . ~...... 'I.. .........,... . 2.000.000 :!:J'oeQIJI 0 WlIQW4lI .-.......- . 2.000.000 . A ~==. c:tAOUaBl4-10 1/1/2008 9/1/2009 . . A 'tIIIOIICIIS~'IIOIi A1U) Iwc,lSTll1U- IV ~~ ., . 1.000.000 AWt~ ()FW>>!!IIflI'CJfiI~ vc::r.oU35',",10 1/1/20G8 !,,1/2009 .. I ___. 1.000.000 ~~"* ilL. Cll!II!A8It. 1.000.000 one 0Il!lCa1ll'llOlll OItOllOA-ftOlUiIl\OC"A~...lW 1PCI~"..,..'fIiSIlIIICUjL ~ aD ~ lUIlII :u=.u lLI:O a .nn-uoa of ~ ~ aQi1.able - tbe 4ate die 00\l'GftP "'f.tt..oa~ U ~tM. Qw.llW"," U/Jtlo4 ~ aM ..,.. W .. ~ u4 GODCU.UC)Q of u.~ .ut4I,.,.__. CNU~te bDUq .10 - AillS:l.UOIIa1 .iD:llaod. 1'_ ~1 UIlb1U~F oov....... CER'TlflCATE HOLDER (910) 798-145'7 shsln:s@DbclJOV. cam IIew Ba:I:t.owlJr CoaDt:y Dept:. of 1tovi.EaameDt:al. ~t: At:t:D: Sam IImn!!sI 3202 Bigb.way 421H If.i.1.JaiDgbm, lie 28401 CANCEllATION ...... IiJJ1t 011 fQ QOV'I ~ '1IOII"lCIQ .. eMCIU.eo ...... Nil ~ 'CW'II ~ M ___ Ul$,JQIt .... ~ to IUA. .!!L- 010......".. tIOfIClI to lilt eIItftMC:A'It iIOUCII_ to 'Nt ~ 810ft' .......... '1'0 00 80 $MAU.1IIIlOII1IIO oauoA'I'IOM OR ~ flUllt UIO UJlOlI 'Nt .... ftl OR m!JIttUlbITA'fMI& :-::IItIIllIISIIftA1Ml ...2Ud4!:ldka;~.L o ACORD CORPORATION ,. e-, .lit, ACORD 25 pllD11118) 1IN5UW5__ Page 37 of 37 dm NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU Deputy County Attorney SHARON J. HUFFMAN Assistant County Attorney January 22, 2009 McGill Environmental Systems ofNC, Inc. Attn: Steve Cockman, Sales Manager 634 Christian Chapel Church Road New Hill, NC 27562 RE: New Hanover Contract # 09-0193 Dear Mr. Cockman: Enclosed please find your copy of the above referenced contract. Thank you for your assistance in this matter. If you have any questions please give us a call. Sincerely, ~~~ Margaret Dunlap Administrative Support Specialist Office of the County Attorney Enclosure 230 Government Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 - Fax: 910-798-7157 www.nhcgov.com ~' 4 . ., \ CONTRACTOR COMPLIANCE REQUIREMENTS TABLE OF CONTENTS Introduction 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 APPENDIX A. 2 3 4 6 7 8 9 12 13 14 16 18 19-29 INTRODUCTION The personal safety and health of each employee of the New Hanover County, Department of Environmental Management is of primary importance. The prevention of occupationally induced injuries and illnesses is of such consequence that it will be given precedence over operating productivity whenever necessary. Our goal is to maintain a safety and health program conforming to all applicable OSHA standards and to be a leader in safety program management within our industry. To be successful, it will require cooperation to all safety and health matters. Only through such cooperation can a safety program be established and preserved. The following contractor safety and health rules, when applied properly and used with good common sense will assure smooth workflow, high quality results, and aid in the safety effort. In turn, this will result in reduced possibilities of injury to you, other employees, or the public and, furthermore, will reduce the possibility of avoidable damage to any equipment or property. It is not possible to detail all of the situations or to provide precise guidance for every contingency employee can encounter in the course of their work or off-the-job activities. However, close adherence to the rules and the desire to apply good sense to all actions will yield the best possible safety results. It is your responsibility to act so as to provide: a. Safety to yourself b. Safety to your co-workers c. Protection to the public; and d. Protection to property You are expected as part of your job, to take an active part in the DEM Safety Program and apply it in your everyday work. 3 1.0 GUIDELINES A. All contractors and sub-contractors shall furnish the New Hanover County, Department of Environmental Management with a copy of the following certificates: . 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 NC Workers' Compensation Law and Employers' Liability Insurance providing limits in the amount of $100,000/500,000/100,000. . COMMERICIAL GENERAL LIABILITY: Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad from 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 ,OOO,OOO/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. . AUTOMOBILE LIABILITY INSURANCE: Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $1,00Q,000/occurrence combined single limits applicable to claims due to bodily injury and/or property damage. B. The contractor agrees to hold DEM harmless in the event of an accident or injury to one of his employees or damage to his property regardless of which party may be at fault. C. The contractor must have a competent individual in charge at the job site to supervise the job and conduct an adequate accident prevention program. D. At all times when non-routine work is being performed, the contractor must obtain a non-routine work permit. The non-routine permit can be obtained from the shift supervisor, maintenance foremen, maintenance manager, or safety manager. E. All contractor employees must abide by DEM General Safety Rules and Regulations at all times. F. All accidents must be reported immediately to the Project Manager or Safety Manager. 4 G. Contractor employees are not to enter other areas of the plant unless it is required for the performance of their job. H. It is the responsibility of the contractor to inform management of any known hazardous condition that may exist due to the contract work being done in the areas where departmental employees may be exposed to the known hazards. I. It is the responsibility of DEM to hold a pre-construction operation and safety briefing with the contractor before any work is to begin. J. Periodic job site inspections are to be done by a departmental representative to see that the job is proceeding safely and according to the agreement. K. Contract personnel are to check in and out of the department's premises on a daily basis. L. It is the responsibility of the contractor to review the confined space information supplied by DEM before entering confined spaces to perform work on OEM property and comply with 29 CFR 1910.146. M. It is the responsibility of the contractor to review the lockout/tagout information supplied by DEM before performing work that requires the locking or tagging out of any type of energy source and comply with 29 CFR 1910.147. N. It is the responsibility of the contractor to review the hazard communication program supplied by DEM before performing any work on DEM property and comply with 29 CFR 1910.1200. O. It is the responsibility of the contractor to provide Material Safety Data Sheets for all containers of hazardous substances brought on DEM property. P. It is the responsibility of the contractor to make sure all his employees comply with the OEM Personal Protective Equipment (PPE) policy at all times. Q. It is the responsibility of the contractor to make sure all his employees comply with the DEM Hot Work policy at all times. R. The contractor understands that violating these rules will lead to his/her immediate dismissal. S. 5 2.0 CONTRACTOR SAFETY TRAINING OPTIONS Option A The job site and construction procedures used by the contractor and/or contractor employees shall meet OSHA compliance found at 29 CFR 1910 and 1926 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/T agout Confined Space Entry Respiratory Protection Hazard Communication MSDS Submittal (if applicable) Fire Prevention and Protection (Le. Fire Extinguishers) Fall Protection Scaffolding Powered Industrial Trucks Ladders Personal Protective Equipment Welding, Cutting & Brazing Electrical Trenching/Excavation _X_ Other(s): Comolete Safety Manual Option B In lieu of submitting valid training records the contractor may present a valid Wilmington Area Contractors Safety Council 0NACSC) Card. The WACSC Contractors class covers job safety and health guidelines that are necessary to be familiar with before working at DEM. Option C (Department of Corrections Only) Before any inmate or DOC Supervisor may begin work at the Department. of Environmental management, they must attend the DEM Safety Orientation. The DEM safety orientation provides valuable information concerning the hazards that may be present at the New Hanover County Landfill and W ASTEC. 6 3.0 STANDARDS OF CONDUCT The Department of Environmental Management has established these Standards of Conduct to ensure the smooth and efficient operations of the Department and your job. Violation of these standards is serious and will subject the employee to disciplinary action including the possibility of immediate discharge. A. Willful damage of any departmental property or the property of other employees. B. Possession, use or distribution of alcohol, narcotics, or illegal drugs on department property. C. The possession of firearms, ammunition, concealed weapons, or explosives, unless properly authorized. D. Abusive or threatening language, fighting, or interfering with fellow employee(s), supervisor's or manager's job. E. Stealing or attempting to steal from fellow DEM employee(s) or the department. F. Refusal to perform assigned duties or to obey instructions. G. Sleeping on the job is forbidden. H. Negligence or conduct which could result in injury to themselves or another person or damage to department property. I. Use of profane language. J. Falsifying any documents. 7 4.0 HOT WORK All contractors must obtain a hot work permit before beginning any welding, cutting, or brazing work. The hot work permit may be obtained by contacting the Maintenance Manager, Safety Manager, Maintenance Supervisor, or Shift Supervisor. The following checklist must be completed before a hot work permit is issued. 1. The location, where the work is to be done, has been personally examined by the Maintenance Manager, Safety Manager, Maintenance Supervisor, or Shift Supervisor. 2. Overhead sprinklers, where provided, are in service and will not be taken out of service until work has been completed. 3. There is no flammable dust, vapors, liquids, or unpurged tanks or equipment previously containing such materials in the area. 4. The work will be confined to the area or equipment specified in the permit. 5. The contractor has provided ample portable extinguisher(s). 6. All combustibles will be moved 35 feet from the cutting or welding area that can be moved and the remainder will be protected with welding curtains, flame proof blankets, or metal guards (provided by the contractor). 7. Responsible personnel have been assigned to watch for dangerous sparks in the area, as well as the floors above and below. 8. The contractor will provide a flash curtain where work is being performed in an area where other employees will be working or passing by. 8 5.0 PERSONAL PROTECTIVE EQUIPMENT (PPE) Personal Protective Equipment (PPE) will be required and must be used in all areas where the job or operation performed or the location is a hazard to the health and safety of the employee. The department has conducted a personal protective equipment assessment which is available for review. The following are examples where personal protective equipment may be required. NOTE: Any employee that reports to work without his or her personal protective equipment will not be allowed to perform work without first obtaining the proper protective equipment. Head Protection 1. Head Protection shall be worn: . In the plant . Outside the plant 2. Department issued hard hats are not to be drilled or cut. This may result in weakening the mechanical strength and dielectric strength of a hard hat. 3. Hard hats shall be worn with the brim positioned to the front. The wearing of baseball caps under the hard hat invalidates the integrity of the suspension and shall not be worn. (Note: Maintenance personnel who use a grinding or cutting/welding shield may wear their hat backwards if the suspension is adjusted accordingly). 4. It is the individual's responsibility to inspect the hat and the suspension prior to each use. If either is found defective, it shall be replaced without delay. 5. Only approved Department decals and the employee's name will be permitted on a hard hat. When an employee's name is on the hard hat, it shall be produced on a non-conducting material. No other method is allowed or acceptable. 6. All head protection shall meet ANSI Z89.1 approval. Eye Protection 1. Departmental eye protection consists of safety glasses, goggles, and face shields. 9 2. All protective eyewear will meet ANSI Z87.1 - 1994. 3. Eye protection will be worn in the following areas: . All W ASTEC facilities, except for the control room, restrooms, and offices. . When working on the NHC Landfill. 4. A pair of goggles with a faceshield or a combination goggle-faceshield shall be worn when doing the following jobs: . Handling chemicals . Servicing storage batteries . Grinding . Chipping . Drilling . Chiseling . Soldering . Breaking concrete 5. Any employee whose eyes may be exposed to electric arc while assisting a welder shall wear eye protection equivalent to that of the welder. Foot Protection 1. No open toed shoes are allowed in the plant area. 2. All employees performing work at W ASTEC will be required to wear ANSI Z41 - 1991 approved steel-toed work boots or shoes. Respiratory Protection 1. Disposable Dust/Mist masks are available for voluntary use. 2. No employee shall don a negative or positive pressure respirator without being properly trained, fit tested, and have a current medical evaluation on file (by assignment only). 3. All assigned respirators shall be clean and maintained monthly. 4. Refer to the following respiratory protection assesment for information concerning where contractor's may be required to wear respiratory protection. Hand Protection 10 1. Appropriate hand protection shall be worn when employee's hands are exposed to hazards such as skin absorption of harmful substances, severe cuts or lacerations, punctures, chemical burns, thermal burns, and harmful temperature extremes. Ear Protection 1. Hearing protection will be required and used by any employee who is performing work in any hearing protection required area of the plant. These areas have been identified and a mark as such, HEARING PROTECTION REQUIRED. Fall Protection 1. Fall protection is required for work performed at heights six (6) feet of greater. At no time will an employee be exposed to the potential of a fall exceeding six feet without required fall protection. 2. Full body harnesses and shock absorbent lanyards meeting OSHA standards shall be used by employees. Safety belts and regular lanyards are not acceptable. 3. Appropriate work platforms with standard guardrails or the use of an interior and exterior safety nets which remove such fall exposures shall be considered adequate substitutes. 4. Full body harnesses and shock absorbent lanyards are to be inspected by a DEM representative prior to any work beginning. A sample copy of this inspection form can be found in Appendix A. 11 6.0 HAZARD COMMUNICATION PROGRAM (HAZCOM) Like many industries, the Department of Environmental Management is subject to the Hazard Commination Standard, found at 29 CFR 1910.1200; therefore, all contractors and contract employees must comply with this standard when working on DEM property. The department has a written HAZCOM program, maintains a current chemical inventory, and material safety data sheets (MSDS), and trains our employees according to the requirements of the standard. DEM will make available to all contractors our written program, chemical inventory list, and material safety data sheets. Contractors must train their employees concerning the standard and inform these employees of the following when they are performing work on DEM property. . How to read and understand a MSDS. . Where the DEM MSDS book is kept. . Where chemicals are stored. . What chemicals are located in the area they are working? . Apprise them of any dangers to them or other employees. NOTE: If a contractor is bringing any chemicals on-site they must supply the DEM Safety Director with the applicable MSDS. 12 7.0 LOCKOUTITAGOUT DEM has a written lockout/tagout program that establishes the minimum requirements for the lockout or tagout of all energy isolating devices. It shall be used to ensure that the machines or equipment are isolated for all potentially hazardous energy, and locked out or tagged out before employees perform any servicing or maintenance activities where the unexpected energization, start-up or release of stored energy could cause injury. We require that all work being performed on any hazardous energy source be in compliance with 1910.147 and the DEM written lockout/tagout program. Before performing any work on DEM property, contractors and contract employees must: . Provide the DEM Safety Manager with valid training records (within the last 12 months) or a valid WACSC card. . Have all trained contract employees who will be involved in the job familiarize themselves with the DEM lockout/tagout procedures (DEM pre-construction meeting). nsure that all trained contract em 10 ees have the necessa lockout/ta out devices. 13 8.0 ELECTRICAL SAFETY-RELATED WORK PRACTICES Safety-related work practices covered by the electrical safety program include persons working on, near or with the following installations: . Premises wiring: Installations of electric conductors and equipment within or on building or other structures, and on other premises such as yards, parking, and other lots, and industrial substations. . Wiring for connection to supply: Installation of conductors on the premises. . Other wiring: Installations of other outside conductors on the premises. Contractors must provide minimum training to qualified contract employees who are permitted to work on or near exposed parts and be familiar with the following: . The skills and techniques necessary to distinguish exposed live parts from other parts of the electric equipment. . The skills and techniques necessary to determine the nominal voltage of exposed live parts. . The clearance distance specified for working on or near energized parts and the corresponding voltages to which the qualified contractor employee will be exposed. Qualified contract employees whose work on energized equipment involves either direct contact or contact by means of tools or material also must be trained concerning: . The capability of working safely on energized circuits. . Be familiar with the proper use of special precautionary techniques. . Required personal protective equipment. . Insulating and shielding materials, and insulated tools. Unqualified contract employee whose work may place them in an area where electrical work is being performed must be advised of the following: 14 . Where the work is being performed. . The type of work being performed. . How to distinguish lockout/tagout devices. . What the hazards are and how to avoid them. . Any personal protective equipment they may be required to wear. DEM will require a copy of the contractor's electrical safety-related work practices program before we will allow a contractor to perform any work on our property. The contractor must do the following: . Follow the lockout/tagout standard while performing any electrical work on DEM property. . Provide training records or valid W ACSC card for qualified and unqualified contract employees if requested. . Provide contract employees with the proper insulated equipment to perform the assigned task. . Provide the contract employees with the proper personal protective equipment. . Perform work in such a manner so as to not expose DEM employees to any hazard. . If the contractor and DEM employees are working on the same project coordinate with the activities to be performed so neither are endangered by the other group's work. . Have a valid CPR card from an established training agency (Le. American Red Cross). 15 SECTION 9.0 FIRE PROTECTION/EMERGENCY EVACUATION 1. The emergency alarm/announcement method shall be: . Fire Alarm . Sprinkler System . Paging System . Voice Command 2. Upon discovery of a minor fire (incipient stage or a fire which can be contained by a portable fire extinguisher): . Pull the fire alarm. . Report the fire to your supervisor. . Alert others in the immediate area. . Use the nearest portable fire extinguisher, if safe to do so and you have been trained. 3. Upon discovery of a major fire: . Pull the fire alarm. . Report the fire to your supervisor (supervisor call 911) . Evacuate the area immediately. In the event of an evacuation: . Do not panic. . Shutdown equipment, if possible. . Proceed to the nearest EXIT. . Report to the DEM front gate. 4. Flammable and combustible liquids shall be dispensed by a pump or self- closing valve. 5. Never leave open containers of flammable or combustible liquids, oily and/or greasy rags in the Plant. 16 6. Flammable or combustible liquids shall be stored in appropriate closed containers or tanks. All containers of flammable or combustible liquids are to be properly labeled to indicate their contents. 7. As soon as fire extinguishers have been used, they shall be returned to the Materials Building for recharging and temporary replacement extinguishers put back in place 8. No material, equipment, or tools are to be stored in any location which blocks or obstructs free access to any fire-fighting equipment and its use. 9. No material, equipment, or tools are to be stored in any location which blocks or obstructs any escape route. 10.AII fire extinguishers are to be inspected at least on a monthly basis, records kept, and faulty or missing equipment replaced as soon as possible. 17 ... - .. + ... +.. .. .. ... .......... ...."'.. ,.......0 CONTRACTOR AGREEMENT TO COMPLY _-..-++0 .....- . .... oIll . + . + . + . . 0 l;l. 0 ....0-.. I, , a representative of do hereby acknowledge that my company has received a copy of the guidelines governing contract work being performed on New Hanover County, Department of Environmental management property. It is agreed that as part of the contract my company and its employees will comply with these guidelines and all the written programs with apply to the work being performed. Signed: Contractor Date: 18 APPENDIX A CONTRACTOR INSPECTION FORMS AND NON-ROUTINE WORK PERMITS AND WAIVER FORMS 19 BODY HARNESS INSPECTION CHECKLIST Inspected By: Date: Instructions: l.- t>> ..... 1. All parts of safety belt and attachments are to be Q) t! Q) .J:: ~ .J:: ..... m inspected for wear and damage. co Q) fi) 0 co Q) ..... ..... "C ...J Q) ~Gi' co co Q) l.- t>> >- -e ...J 0 s:: t: g:c 2. This ~ symbol is for YES or OK. 0 :E W ~ I.- ~ m.~ co t>> .s "C >- ~ 0 0 This x symbol is for NO or REPLACE. s:: ~ s:: -Q. s:: co s:: :c co 1/)0.. co 0 ~ CitV en ..c ~ 0 .~:s. ...J :.;::::; "ffi ~ ..... 0::: ~ co s:: 3. To be inspected prior to any work beginning and ~ 0 0 c 0 li= 0 returned in to DEM Safety Office. ..... ~ I ~ ~ Q) Q) Q) m u a. Employee Badge Number Mfg.'s Serial Name Number 20 SCAFFOLD PERMIT Project Name: Floor: Building Number: Room Number: Contractor: Scaffold Type: Date of Procedure: Time of Procedure: Safety Belts Needed? I I Yes I I No Name(s) of Scaffold Erector's) Name Company Name Company If Scissors or Hi-Lift, Name of Operator Comments: Inspected Bv Competent Person: Competent Person (Print Name) Signature Company Date LOCATION: CONTRACTOR: DATE OF PROCEDURE: TIME OF PROCEDURE: NAME OF COMPETENT PERSON: DATE REMOVED: 21 EXCAVATION/TRENCHING PERMIT Project Name: Inspected By: Trenching Area: Title: Date of Procedure: Time of Procedure: Contractor Supervisor: Company Name: Purpose of ExcavationlTrenching Operation (Drainage, etc.): Classification of soil (Solid Rock, Tvee A, Tvee B, Type C) Protective System (Trench Box, Wood Shoring, Sloping, Hydraulic Shoring, Other) Trenching Excavation Depth I I Width I Measurements: Not Yes No Required Is a ladder provided inside the trench/excavation? Is excavate material stored 2 ft or more from edge of trench/excavation? Are employees exposed to vehicular traffic? (If YES reflective tests are required) Are underground utilities and other structures protected? (Water, Gas, Sewer, Telephone, Electric, etc.) Is there a potential for hazardous atmosphere to exist? Oxygen deficiency - 19.5 or less / Flammable Limit - 20% of L.E. L (If YES, Refer to DEM Safety Manual - Confined Space Entry) Are employees trained in the recognition and avoidance of unsafe conditions associated with trenching/excavatina activities? Comments/Precautions: Approved By: DEM Signature Date * The approval must be given by a competent person, 22 SAFETY SURVEY AREA OF PROCEDURE: DATE OF PROCEDURE: Unsafe Acts/Conditions Observed During Survey Action TakenlDate Corrected Comments: 23 SAFETY TRAINING LOG DATE OF TRAINING: SUBJECT TRAINED: Name Date Name Date 1 26 2 27 3 28 4 29 5 30 6 31 7 32 8 33 9 34 10 35 11 36 12 37 13 38 14 39 15 40 16 41 17 42 18 43 19 44 20 45 21 46 22 47 23 48 24 49 25 50 Contractor Trained: Comments: 24 HOT WORK PERMIT INSTRUCTIONS 1 . Manager/Supervisor: A. Verify precautions listed below. B. Complete and Retain PART 1. C. Issue PART 2 to the person doina the work. PART 1 Location: WASTEC / LANDFILL / RECYCLING Date: Gas Welder, Arc Welder, or Cutting Torch Building Location: Floor: Nature of Job: Welder's Name: The above location has been examined. The precautions checked on bottom of this page have been taken to prevent fire. Permission has been granted for this work. PERMIT EXPIRES: Date: Time: AM/PM Signed (Supervisor): Precautions within 35 feet of work Floors swept clean of all combustibles Flammable liquids removed; other combustibles, if not removed, protected with fire-resistive tarpaulins or metal shields Explosive atmosphere in area eliminated All wall and floor openings covered Combustibles moved away Enclosed equipment cleaned of all combustibles Containers purged of flammable liquids Fire watch will be provided during hot work activities Fire watch is supplied with suitable extinguishers, or small charged hose Fire watch is trained in the use of this equipment and in sounding alarm If welding in the crane bay area: . Has it been wet down? . Has the atmosphere been tested for oxygen and flammability levels? If welding in the basket of the JLG, or 6 feet off the ground, is fall protection used? Has the area been barricaded off? Is proper PPE being worn by the person(s) performing hot work? 25 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT CONFINED SPACE ENRTY PERMIT SYSTEM Time: Entry Date: Person Completing Permit: Location of work to be performed: Reason for entering confined space: Mark the appropriate column with an X Y N N/A Is a "Danger Confined Space" sign posted? Q Q Q Have all valves, switches, operating mechanisms and energy sources been locked/tagged out? Q Q Q Have all ENTRANTS, ATTENDANTS, and ENTRY SUPERVISORS been trained? Q Q Q Is ventilating eauioment necessary to obtain acceptable entry? Q Q Q Is communication eauipment necessary and available for use between attendant and entrant? Q Q Q Has adeQuate lighting been supplied to allow a safe work area and allow a auick exit in an emergency? Q Q Q Has the area been barricaded? 0 Q Q Is the confined space provided with equipment, such as handrails, needed for safe ingress and egress Q Q Q bY authorized entrants? Is PPE being used? If so what type? Q Q Q Q Coveralls Q Hard Hat IQ Gloves lQ Safety Eye Protection Q Hearing Protection 0 Safety Harness IQ Lifeline IQ Rescue/Retrieval EQuipment Q Special Rescue Gear: Q Fire Extinguishers Q Resoirator What are the ootential atmospheric hazards? Q Lack of O2 Q Dust Q Carbon Monoxide Q Hydrogen Sulfide Q Combustible/Flammable Gases 0 Other: What are the potential physical hazards? Q Entraoment 0 Engulfment Q Heat Hazards Q Cold Hazards Q Burn Hazards 0 Noise Hazards 0 Mechanical Hazards Q Steam Q Congestion Q Uncontrolled Eneray Q Walking Hazards Q Other: EMERGENCY NUMBERS X-4343 (ControlY X-4504 (Safety) X.:cShop X- (Maintenance) X-COoerations) X- (Plant Mgr.) X-4340 Main) 9-911 (Emergency) Confined Space Rescue Team on Shift Q Maintenance 0 A-Shift Q B-Shift Q C-Shift Q D-Shift Q Landfill EQUIPMENT CALIBRATION Tyoe & SIN Date Calibrated By ATMOSPHERIC TESTING Date %Oxygen %LEL CO (PEL = 50 PPM) H2S CPEL = 10 PPM) 1. 2. 3. 4. 5. 6. Note: Test: 1. At the top of the space 2. At the center of the space. 3. At the bottom of the soace. Permit required confined SDaces are to be tested every two hours. PRE-ENTRY BRIEFING (To be completed for all Confined Spaces) Has the attendant been designated? 0 YES 0 N/A Have all emoloyees been trained? 0 YES Have the hazards of the work been explained? 0 YES Has the means of communication been established and explained? 0 YES Has the means of emergency response/rescue been established and explained? 0 YES 26 AGREEMENT FOR USE OF NEW HANOVER COUNTY EQUIPMENT This Agreement must be read carefuDy and signed by the undenigned prior to entering, and in consideration of being permitted to use any equipment owned by New Hanover County (hereinafter "County Equipment") in and around the W ASTEe facility. EACH OF THE UNDERSIGNED, for himself/herself and any entity or person he/she represents, whether as an employee, agent, contractor, owner or otherwise, and hislher/its personal representatives, heirs, and successors in interest, expressly acknowledges, agrees, warrants and represents that: 1. He/she will, prior to the use of any County equipment, inspect such equipment. Hislher use of said equipment, if any, constitutes an acknowledgment that he/she has so inspected such equipment and that he/she fmds and accepts the same as being safe and reasonably suited for the purposes of hislher use and the use of the equipment, including vehicles. If, at any time, he/she is using county equipment and he/she feels anything to be unsafe, he/she will immediate cease using the equipment and will immediately advise the applicable employee/personnel of such perceived unsafe situation and will not use the equipment until the cause for concern has been addressed. 2. He/she HEREBY RELEASES, WAIVES AND DISCHARGES ANY CLAIMS AGAINST, AND COVENANTS NOT TO SUE, (a) New Hanover County and each its directors, officers, agents, employees, and affiliated entities and persons (collectively referred to herein as the "Releasees"), from and for any and all liability , loss or damage, and any claim or demands therefor on account of injury to the undersigned, any entity or person he/she represents and hislher/its personal representatives, heirs, and successors in interest or to any property or person or living thing brought by or on behalf of the undersigned, or any entity or person helshe represents, in conjWlction with the use of COWlty equipment, whether such liability, loss or damage is caused by the action, omission, negligence, or gross negligence of the Releasees or otherwise. 3. He/she HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS, AND REIMBURSE, THE RELEASEES and each of them from and for any loss, liability, damage, or cost (including. reasonable attorneys' fees) that the Releasees may incur due to use by the undersigned, or any person, property, or living thing brought by or on behalf of the undersigned, or any entity or person he/she represents, of COWlty equipment, including, for example, damage to the equipment or facilities of the Releasees and the cost of cleanup for any lubricant spills, whether caused by the actions or inactions, including negligence and gross negligence, of any of the Releasees or otherwise. 4. He/she represents by his or her use of said equipment that he or she has obtained the necessary and app'ropriate training and is capable of using said equipment in a safe manner. 1 27 5. Helshe HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF BODIL Y INmRY, DEATH, PROPERTY DAMAGE, INCLUDING VEHICLE DAMAGE OR FAILURE, TO, himself/herself and any entities or persons helshe represents resulting from the actions or inactions, including negligence and gross negligence, of any of the Releasees or otherwise, in conjunction with his/her use of County equipment. In stating the above, each of the undersigned hereby expressly acknowledges that bodily injuries received or damage to property or vehicles may be compounded or increased by negligent rescue operations or procedures of the Releasees. 6. Helshe expressly acknowledges and agrees that the foregoing release, waiver and indemnity provisions are intended to be as broad and inclusive as is permitted by law of the state in which the activities, including tests; classes and demonstrations, are conducted, and that if any portion of this Agreement is held invalid, it is agreed that the balance of the Agreement shall, notwithstanding, continue in full legal force and effect. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS CONSENT, RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HA VB BEEN MADE. This Agreement shall continue in perpetuity. (If any of the Wldersigned is under the age of eighteen (18), a parent or legal guardian of such undersigned must also sign this Agreement, and. in so signing executes this Agreement for himself and such minor.) SIGNATURE PRINTED NAME Date: 2 28 To: Grants Coordinator a. Finance Director New Hanover County Routing Slip 09- 019,-3 Department Acct. # 7[)()~baOD - I~ 'l(JO (/tP6. Date ~ ---~J . I., 1J/'~M1 JAN 1 2 2009 //t7/~1 Initials Contract # ~ County Manager Commission Chairman ~ Clerk to the Board ~ Risk Manager ~ County Attorney From: Legal Dept. Date 1- q-I) g ~q.~~ ~~S~ ~~.~ r\.e. .J'2Jnc-. ~~ Contract for/Dept. ~ ~. ~ ~ '\ . ~\:r~ ~ (j~.. cDp:tactor \\~\ ht- ~~~j~ OS Re: