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HomeMy WebLinkAbout09-0392 New Hanover County Contract #09-0392 SECTION 00500 AGREEMENT NEW HANOVER COUNTY CONTRACT 09-0392 NEW HANOVER COUNTY, NORTH CAROLINA THIS CONTRACT made and entered into this t7l~ day of , 2009, by and between NEW HANOVER COUNTY, a political subdivision of the State o North Carolina, hereinafter referred to as "County", and Elite Construction and Grading, Inc., a Corporation, hereinafter referred to as "Contractor"; WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Performance. Contractor shall furnish all labor, materials and equipment and shall perform all work in the manner and form as provided by the following enumerated specifications and documents, which are attached hereto and made a part hereof as if fully contained herein: Advertisement for Bids, Instructions to Bidders, General Conditions, Supplemental General Conditions, Special Conditions, Plans and Specifications, Addenda, and Insurance Certificates for Workers' Compensation, Public Liability and Property Damage, for the project more fully described herein and generally described as: NEW HANOVER COUNTY LANDFILL CONSTRUCTION OF LANDFILL CELL NO. 6D BID NO. 09-0392 2. Time of Performance. Contractor shall commence work within ten (10) calendar days after execution of this agreement; provided that, if County specifies a Notice to Proceed, Contractor shall commence work on the date indicated in the Notice to Proceed. 2.1 Delay in Authorization to Commence Work. If, through no fault of Contractor County's authorization to commence work is delayed later than the ninetieth (90th) day after the bid opening date or the thirtieth (30th) day after Contractor's delivery of the executed agreement to County, Contractor may terminate this agreement. 2.2 Required Completion Time. Prior to commencing work, Contractor shall give County a construction schedule broken down into calendar days for the various 00500- 1 ORIGINAL June 2009 New Hanover County Contract #09-0392 divisions or parts of work. Contractor shall complete all work for the construction of Cell 6D within the days indicated in paragraph 2.2.1. after the beginning date/Notice-to-Proceed. If the contractor fails to complete all work within the required and specified time, the County may at its option either terminate this agreement pursuant to the procedures specified in paragraph 17 herein, or assess liquidated damages against Contractor. In the event County exercises its option to assess liquidated damages, Contractor shall pay the County One Thousand Dollars ($1,000) per day for each consecutive-calendar-day past the scheduled construction substantial completion date for Cell 6D that the work or performance, herein contracted for, remains unfinished and incomplete. It is understood and agreed by the parties hereto that time is of the essence of this contract and that the sum of One Thousand Dollars ($1,000) per day represents the actual damages which the County will have sustained by failure of Contractor to complete the work within the specified times and is agreed upon as liquidated damages; that the provisions for damages are a bona fide provision for such and are not a penalty. It is understood and agreed that if the work herein contracted for is not completed and finished as scheduled herein, the County will have sustained damages and, therefore, the provision for liquidated and agreed upon damages has been incorporated in this agreement as a provision beneficial to both parties. 2.2.1 Completion Time - from Notice to Proceed Substantial Final Item of Work Completion Completion Cell 6D 120 days 150 days 3. CONTRACT Amendments and Change Orders. No modification or recision of this agreement shall be effective unless evidenced by a writing signed by both parties and by the surety to this agreement. County may issue change orders, which are defined as written orders to Contractor, approved by Board of County Commissioners and signed by the County Manager, authorizing an addition, deletion or revision in the work or an adjustment in the contract price or the contract time. 3.1 Extra Work. Contractor agrees to perform such reasonable extra work as may be ordered in writing by the County Manager. County agrees to pay Contractor, upon Contractor's presentation of itemized cost statements, for extra work computed as follows: (a) labor used at actual payroll charges therefor; (b) actual payroll charges for Workers' Compensation Insurance, Social Security and all other payroll charges; (c) an hourly rate for actual operating hours of equipment used; (d) amounts paid by Contractor to vendors, as evidenced by paid invoices, for material purchased and used on extra work orders; (e) cost of 00500 - 2 June 2009 New Hanover County Contract #09-0392 bonding, if applicable; and (f) overhead and profit combined based on fifteen percent (15%) of the total of cost items (a) through (e) above. 3.2 Changes of the Contract Time. The time limit for completion of the project is of the essence of this agreement. If Contractor finds it impossible to complete the work on the project within the originally scheduled time, Contractor may submit a written request for a time extension to the County Manager. The writing shall specify the reasons justifying the granting of the request. Contractor's plea that insufficient time was scheduled shall not be a valid reason for a time extension. If the County Manager, finds that work was delayed because of conditions beyond the control and without the fault of both Contractor and his or her subcontractors or suppliers, the County Manager, shall extend the time for completion in such amount as the conditions justify. Under no circumstances shall Contractor be entitled to damages against County on account of delay. 3.3 Notification of Surety. Contractor shall be solely responsible for notifying his or her surety of any changes affecting the general scope of the work or change in the contract price, and the amount of the applicable bonds shall be adjusted accordingly. Contractor shall furnish written documentation of such adjustment to the County. 4. Payment. County agrees to pay Contractor, for the full and faithful performance of this agreement, the not to exceed lump sum of. One Million One Hundred Ninety Seven Thousand Seven Hundred Seventy Seven Dollars and 00/100 Cents ($1,197,777.000). 4.1. Partial Payments. County shall make partial payments to Contractor in lump sum amounts upon the successful completion by Contractor and acceptance by County of sections of the work, as specified in the agreement specifications and in accordance with the amounts indicated for each bid in Contractor's bid proposal. From the total amount determined to be payable on a partial payment, five percent (5%) of such amount shall be deducted and retained by County until all work has been accepted by County; provided that, if the County Manager, determines that the work is on schedule at the halfway point of the construction schedule, retainage may thereafter be discontinued on future partial payments. County at its option may reinstate retainage at any time. 4.2 Acceptance of Final Payment as Release. The acceptance by Contractor of final payment shall be and shall operate as a release of County from all claims of Contractor against County, except for claims specifically excepted by Contractor in stated written amounts. However, no payment, final or otherwise, shall release Contractor or his or her sureties from any obligations under the agreement documents or the payment and performance bonds. 00500 - 3 June 2009 New Hanover County Contract #09-0392 4.3 county's Right to Offset and Recoup. Nothing contained in this Section 4 shall be construed to impair County's rights to deduct from partial or final payments any sums due to County pursuant to Sections 2, 5, 7. 1, 11 or any other section of this agreement. 5. Contractor's Warranties. Contractor makes the following warranties concerning the materials, equipment and work furnished pursuant to this Contract. 5.1 Warranty of Title. Contractor warrants that title to all work, materials and equipment covered by a request for payment, whether incorporated in the project or not, will have passed to County prior to the submission of the request for payment, free and clear of all liens, claims, security interests and encumbrances. 5.2 Warranty of Materials and Equipment. Contractor warrants to County that all materials and equipment furnished under this agreement will be new unless otherwise specified, will be of good quality and free from faults and defects, and will conform with the agreement documents. Contractor warrants all such materials and equipment for a period of one (1) year from the date of completion of the work unless the specifications require a different period of warranty. 5.3 Warranty of Work. Contractor warrants to County, for a period of one (1) year from the date of completion of the work, that all work performed under this agreement has been performed in a workmanlike manner, so as to meet the standards of workmanlike quality prevailing in North Carolina at the time of construction. 5.4 Warranty Against Major Structural Defects. Contractor warrants that all structures constructed under this agreement are free from major structural defects. 5.5 Correction of Defects. County shall give Contractor reasonably prompt notice of all observable defects. If Contractor fails to perform corrective work within a reasonable time, County may perform such work and charge Contractor for the costs thereby incurred. Contractor's Performance Bond shall remain in full force and effect through the applicable one (1) year warranty period. 6. Indemni . 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. 00500 - 4 June 2009 New Hanover County Contract #09-0392 7. Insurance. Contractor shall maintain insurance from companies licensed to write business in North Carolina and acceptable to New Hanover County, of the kinds and minimum amounts specified below. 8. Certificates and Notice of Cancellation. Before commencing work under this contract, Contractor shall furnish County with certificates of all insurance required below. The certificate of insurance should also evidence self-insured retention/deductibles applicable to the insurance required. 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". 9. Workers Compensation and Employers Liability Insurance. Covering all of the Contractor's employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in the amount of $500,0001500,0001500,000 applicable to claims due to bodily injury by accident or disease. 10. Contractor's Pollution Liability. The policy shall provide liability limits at least in the amount of $3,000,000. 11. 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. 12. 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. 13. Contractor's Installation Floater. Contractor shall provide and maintain Property Installation Floater or appropriate insurance protecting against loss or damage of the equipment to be installed. Coverage shall be written in the amount of one hundred percent (100%) of the contract amount and shall remain in force until accepted by 00500 - 5 June 2009 New Hanover County Contract #09-0392 County. The coverage shall be written in the name of Vendor and shall protect the County as its interests may appear. 14. Umbrella Policy. Providing coverage as excess above the underlying Commercial General Liability Insurance, Automobile Liability Insurance, and Employers Liability Insurance policies is required by this Contract. This coverage shall provide excess liability limits at least in the amount of $1,000,000 per occurrence, combined single limits, applicable to claims arising from bodily injury, personal injury and/or property damage. The parties named as additional insureds under the primary underlying policies are to be included as additional insureds under the Umbrella Liability Insurance coverage. 15. Bonds Required. Pursuant to Article 3, Chapter 44A and Article 8, Chapter 143 of the North Carolina General Statutes, Contractor shall furnish performance and payment bonds, as herein described: a) A Performance Bond in the amount of one hundred percent (100%) of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. Such bond shall be solely for the protection of New Hanover County. b) A Payment Bond in the amount of one hundred percent (100%) of the contract amount, conditioned upon the prompt payment for all labor or materials for which a Contractor or Subcontractor is liable. The payment bond shall be solely for the protection of the persons furnishing materials or performing labor for which a Contractor or Subcontractor is liable. These bonds shall remain in effect at least until one (1) year after the date when final payment becomes due. The Performance Bond and the Payment Bond shall be executed by one or more surety companies legally authorized to do business in the State of North Carolina and shall become effective upon the awarding of the contract. 16. Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of County, and as such, Contractor, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension or retirement benefits. 17. Subcontractors. Contractor shall be fully responsible for all negligent acts and omissions of his or her Subcontractors and of persons and organizations employed by them to the same extent that Contractor would be responsible for these acts and omissions. Nothing in the contract documents shall create any contractual relationship between County and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of County to pay 00500 - 6 June 2009 New Hanover County Contract #09-0392 any money due any such subcontractor or other person or organization, except as may otherwise be required by law. 18. No Waiver of Legal Rights. Upon completion of the contract work, Engineer/County will promptly make final inspection and notify Contractor of final acceptance. However, final acceptance shall not preclude or estop County from correcting any measurement, estimate or certificate made before or after completion of the work, nor shall County be precluded or estopped from recovering over payments from Contractor or his surety, or both. A waiver on the part of County of any breach of any part of the agreement shall not be held to be a waiver of any other or subsequent breach. 19. Default and Termination. If, through no fault of Contractor, the work on the project is stopped for a period of thirty (30) consecutive days or more, Contractor may terminate this agreement, in which event Contractor will be paid for materials and equipment supplied and work performed up to the date of termination. If Contractor fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Contractor breaches any one of the terms or conditions contained in this agreement and fails to cure said breach within fifteen (15) days of County's mailing of Notice of Default, County may terminate this agreement forthwith. Upon termination, County may, without prejudice to an action for damages or any other remedy, take the prosecution of the work out of the hands of Contractor. County may enter into another agreement for the completion of this contract, or use such other methods as may be required for the completion of the contract. County may deduct all costs of completing the contract from any monies due to which may become due to Contractor. 20. Assignment. The parties mutually agree that this contract is not assignable and shall not be assigned by either party without the written consent of the other party and the surety of this contract. 21. Contractor's Representation. Contractor makes the following representations to the County. Contractor has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the work. Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing facilities at or contiguous to the site and assumes responsibility for the accurate location of said facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said facilities are or will be required by Contractor in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors or discrepancies that he or she 00500 - 7 June 2009 New Hanover County Contract #09-0392 has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 22. Entire Understanding. This contract constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. No modification or rescission of this contract shall be effective unless evidenced by a signed writing. 23. Familiarity with Laws. The Contractor specifically acknowledges that he has made himself familiar with all Federal, State and local laws, ordinances, rules and regulations, including all Federal and State Occupational Safety and Health Act (OSHA) requirements, which may in any manner affect those engaged or employed in the work of the project, or the materials or equipment in or about such work, or in any way affect the conduct of such work and agrees that he, his employees, Subcontractors and suppliers will, at all times, comply with same. If the Contractor shall discover any provisions in the Contract Documents which are contrary to or inconsistent with any such law ordinance, rule or regulation, he shall immediately give notice thereof to the County in writing, identifying any items of work affected, and he shall not proceed until he has received written direction from the County with respect to these items. If the Contractor performs contrary to or inconsistently with any such law ordinance rule or regulation without giving such notice, he shall bear all costs that are consequences of such performance. 24. Contract Work Hours and Safety Standards Act. The Contractor shall fully comply with the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor Regulations contained in 29 CFR Parts 3, 5 and 5a. 25. Copeland "Anti-Kickback" Act. The Contractor shall fully comply with all Federal provisions set forth in this act and 24 CFR 85.36, such that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Contractor shall report all suspected or reported violations to New Hanover County and other appropriate authority. 26. Section 504 of the Rehabilitation Act of 1973, as amended and Nondiscrimination on the Basis of Handicap. The Contractor shall fully comply with all Federal provisions set forth, such that no qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination hereunder. 27. Age Discrimination Act of 1975, as amended and Nondiscrimination on the Basis of Age. The Contractor shall fully comply with all Federal provisions set forth such that 00500 - 8 June 2009 New Hanover County Contract #09-0392 no qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination hereunder. 28. Executive Order 11246. The Contractor shall fully comply with all Federal provisions set forth in this order. 29. Permits and Licenses. Contractor shall procure all applicable permits and licenses, including permits and licenses required pursuant to applicable patent and copyright laws, shall pay all charges and fees, and shall give all notices necessary and incidental to the due and lawful prosecution of the work. 30. Non-Discrimination. Contractor will take affirmative action not to discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the project that is the subject of this contract because of age, race, creed, color, sex, disability or national origin. To the extent applicable, Vendor will comply with all provisions of Executive Order No. 11246, the Civil Rights Acts of 1964 (P.L. 88-352) and 1968 (P.L. 90-284), and all applicable Federal, State and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit discriminations. Violation of this provision, after notice, shall be a material breach of this agreement and may result, at County's option, in a termination or suspension of this agreement in whole or in part. 31. Taxes. Contractor shall pay all applicable Federal, State and local taxes, including sales taxes on all equipment and materials used in the project. County is qualified to receive all sales taxes paid on the project as a rebate. Contractor shall submit a statement showing the invoice, sales taxes paid to State, sales taxes paid to county of vendor's location, and name of county of all material and equipment used in the project. A tax statement shall be submitted with each pay request and shall be accompanied by an affidavit verifying validation. 32. Interpretation. All of the terms and conditions contained in the agreement shall be interpreted in accordance with the laws of the state of North Carolina. The agreement documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary Conditions, Special Conditions, Instructions to Bidders, General Conditions, Specifications and Drawings. 33. Deletions of General Conditions. The following General Conditions are hereby deleted: N/A. 34. Arbitration. Arbitration of claims, disputes, and questions arising under this agreement may only be used when both parties agree to arbitrate. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. In no event shall fewer than three (3) arbitrators be used; County and Contractor shall each select one (1) arbitrator and the 00500 - 9 June 2009 New Hanover County Contract #09-0392 two (2) arbitrators shall select a third. The award rendered by the arbitrators shall be final, specifically enforceable and recordable as a judgment in any court having jurisdiction thereof. 35. Notices. All notices required hereunder to be sent to either parry shall be sent to the following designated address, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Certified Mail, Return Receipt Requested: To County: New Hanover County Environmental Management Attn: John Hubbard, Director 3002 U.S. Highway 421 North Wilmington, NC 28401 To Contractor: Elite Construction and Grading, Inc. Attn: Bill Green P.O. Box 99 Rocky Point, NC 28457 (13515 NC Hwy 210, Rocky Point, NC 28457 36. Additional Provisions. No provision of this Contract shall be amended nor deleted, however, additional provisions may be added to the Contract. 37. Contract Documents. The Contract Documents, as stated in the Instructions to Bidders and attached hereto, are as fully a part of this Contract as if herein repeated. An enumeration of the Drawings accompanying these Contract Documents follows: SHEET NO. TITLE 1 Cover Sheet and Project Vicinity Map 2 Existing Facility Site Plan 3 Base Grading Plan 4 Grading Plan (Top of Protective Cover) 5 Details - 1 6 Details - 2 7 Details - 3 8 Details - 4 9 Details - 5 10 Electrical Site Plans, Details, Notes and Schedules (For Reference) 00500- 10 June 2009 New Hanover County Contract #09-0392 i 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. • NO NEW HANOVER COUNTY k; . [SEAL]' y Bruce Shell, County M 71 ger ATTEST: ~STgRll~t~/ -be ~w Clerk to the Board [CORPORATE SEAL] AT ST: ~ ~;?r ' 4 Secretary VECt , Pres dent f~4~7'• 2~ This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: C Finance Director County Attorney NORTH CAROLINA NEW HANOVER COUNTY a Notary Public of the State and County aforesaid, certify at'r#sa ? • personally came before me this day and acknowledged that (s)he is to the Board of County Commissioners of New Hanover County, and that by authority i I 'v he act of the Bo rd, the foregoing instrument was signed in its name by its e. era ~tA , sealed with its official seal and attested by -'Tf UL( herself as it 00500- 11 June 2009 New Hanover County Contract #09-0392 WITNESS my hand and official seal, this day of '2009. L~ ~~f'~14i,`7 L7, ItoL ~ - tart' Publi My Comm. c My commission expires: _ Expires 312412011 2••.PILIBLIt'. acs Han V g11~``'`L STATE OF COUNTY OF I, b"w a Notary Public of the State and County aforesaid, certify that O, pjcbmS personally came before me this day and acknowledged that (s)he is Secretary of r we C-wc~cluw, a obrk.~j Caraltn- 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, , Q- sealed with its official seal and attested by herself as its Secretary. WITNESS my hand and official seal, this I day of ' iat , 2009. No Pub W~at~ rr~,tf My commission expires: y- I? - ~Zo r ;3 _ N 0TA-RY 7: PULI ' C END OF SECTION L 00500- 12 June 2009 New Hanover County Contract #09-0392 NEW HANOVER COUNTY ~~ro~me~tal Manageme~t CONTRACTOR COMPLIANCE REQUIREMENTS New Hanover County Contract #09-0392 t ~ CONTLA K 'PAGE Introduction Statement of Purpose 3 1.0 General Contractor Guidelines 4 2.0 Safety Training Options 6 3.0 Standards of Conduct 7 4.0 Hot Work Supplement for Contractors 8 5.0 Personal Protective Equipment 9 6.0 Hazard Communications HAZCOM 12 7.0 Lockout/Ta out 13 8.0 Electrical Safety Supplement for Contractors 14 9.0 Fire Protection/ Emergency Evacuation 16 Contractor Agreement Form 18 APPENDIX A DEM Inspection Forms and Non-Routine Work Permits 19-31 New Hanover County Contract #09-0392 1NTR0DUi.;'H0N 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 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. Close adherence to the rules and the desire to apply safe work practices 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. New Hanover County Contract #09-0392 140 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 $1,000,000/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/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. All contractor employees must abide by DEM General Safety Rules and Regulations at all times. New Hanover County Contract #09-0392 E. All accidents must be reported immediately to the Project Manager or Safety Manager. F. Contractor employees are not to enter other areas of the plant unless it is required for the performance of their job. G. 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. H. It is the responsibility of DEM to hold a pre-construction operation and safety briefing with the contractor before any work is to begin. 1. 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. J. Contract personnel are to check in and out of the department's premises on a daily basis. K. 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. L. 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. M. 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. N. It is the responsibility of the contractor to provide Material Safety Data Sheets for all containers of hazardous substances brought on DEM property. 0. 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. P. It is the responsibility of the contractor to make sure all his employees comply with the DEM Hot Work policy at all times. Q. The contractor understands that violating these rules could lead to his/her immediate dismissal. R. The contractor understands that a waiver form must be signed to use any New Hanover County equipment. (see page 30-31) New Hanover County Contract #09-0392 2.0 CONIRACTOR SAFE Y.$ 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 Other(s): Contractor's Safety Manual Option B In lieu of submitting valid training records the contractor may present a valid Wilmington Area Contractors Safety Council (WACSC) Card. The WACSC Contractors class covers job safety and health guidelines that are necessary to be 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 New Hanover County Contract #09-0392 DEM safety orientation provides valuable information concerning the hazards that may be present at the New Hanover County Landfill and WASTEC. 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 contractor's removal from the site. 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. 1. Use of profane language. J. Falsifying any documents. New Hanover County Contract #09-0392 4.0 HOT WO 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, 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. New Hanover County Contract #09-0392 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. New Hanover County Contract #09-0392 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 WASTEC 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 ♦ Cleaning hoppers / conveyors / furnace grates 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 WASTEC 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. New Hanover County Contract #09-0392 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 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 four (4) feet or 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. New Hanover County Contract #09-0392 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. 6.0 HAZARD CfJIVIMUNICAI ~'u a s~;~~I~All~i (HAt~.Oivi~ 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. New Hanover County Contract #09-0392 ♦ Where the DEM MSDS books are 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. 7.0 LOCKOUT/TAGOUT 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. New Hanover County Contract #09-0392 ♦ Have all trained contract employees who will be involved in the job familiarize themselves with the DEM lockout/tagout procedures (DEM pre-construction meeting). ♦ Ensure that all trained contract employees have the necessary approved lockout/tagout 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-RE>_.ATE® 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. New Hanover County Contract #09-0392 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: ♦ 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. New Hanover County Contract #09-0392 ♦ 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). SECTION 9.0 FIRE PROTECTION/EMERGENCY EVACUATION 1. The emergency alarm/announcement method shall be: ♦ Fire Alarm ♦ Sprinkler System ♦ Paging System ♦ Voice Command New Hanover County Contract #09-0392 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. 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. CONTRACTOR AGREEMEN'l *;-0 G'ONIPLY New Hanover County Contract #09-0392 I, AF- LJr-Y-KER a representative of t o 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 which apply to the work being performed. Signed: - Contractor Date: F-/ 09 Please return this signed page along with a copy of the records requested, on page 6 of this document and include a copy of the past 2 years OSHA 300-A log. Return with to the designated NHC Department of Environmental Management Project Manager or bid co-ordinator. New Hanover County Contract #09-0392 Bond No. 2087757 r SB:: TION 00610 r PERFORMANCE BOND ' STATE OF NORTH CAROLINA - , COUNTY OF MW HANOVER KNOW ALL. MEN BY THESE PRESENTS that Elite Construction Grading, Inc. P. 0. Box 99, Rocky Point' NC 28457 as Contractor, hereinafter called Principal, and North American Specialty Insurance Company. as Surety, hereinafter called Surety, are held and firmly bound unto New Hanover County, as obligee, hereinafter called Ownet9ne Million One in the amount of Hundred Ninety Dollars 1,197 , 77 for the payment whereof Contractor and Surety bind themselves, thdpeven Thousand heirs, executors, administrators, successors- and assigns, jointly and severally, firmly by th4even Hundred pments Seventy Seven r- Dollars-- WHEREAS, Contractor has by written agreement dated , 2009, entered into a. Contract with Owner for: NEW fIANOVBR COUNTY LANDFILL E I Cel16D Construction In accordance with Drawings and Specifications prepared by SCS Engineers, which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. I NOW, THEREFORE, TFIE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the f'- Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations therounder and shall indemnify the Owner and the Consulting Engineer and save alther or all of them harailess against and from all costs, expenses and damages arising from the pecfomunee of said Contract or the repair of any work thereunder, then this obligation shall be void, otherwise; this Bond shall xemain in full force and effect, in accordance with the following terms and conditions: 1. The Principal and Surety jointly and severally agree to pay the Owner any difference f between the sum to which the said Principal would be entitled on the completion of the r' Contract, and that sum which the Owner may be obliged to pay for the completion of said work by Contract or otherwise, and flay damages, direct or.indkeet or consequential, which the said Owner may sustain on account of such work, or on account of the failure of said Contractor to properly and in all things, keep and execute all of the provisions of said ContracL ri 00611) -1 June 2009 - j New Hanover County Contract #09-0392 2. And this Bond shall remain in full force and effect for a period of one, (1) year from the - date of acceptance of the project by the Owner and shall provide that the Contractor guarantees to repair or replace for said period of one (1) year all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the Contract, and shall make good, defects thereof which have become apparent before the expiration of said period of one (1) year. If any part of the project, in the judgment of the Owner, for the reasons above stated needs to be replaced, repaired or [Wade good during that time, the Owner shall so notify the Contractor in writing, ff the Contractor refuses or neglects to do such work within five (S) days from the date of service of such Notice, the Owner shall have the work done by others and the cost thereof shall be paid by the Contractor or his Surety. 3. And the said Surety; for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive Notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. a. The surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's Rating of and Financial Categoryof "Class V " IN WUNESS'WHEREOF, the above bounded parties executed this instmmentunder [hear several seals, this t% day of _ LAL US 2009, A.D., the name and corporate wAl of each Corporate party being hereto affixed and these presents duly signed by Its undersigned representative, pursuant to authority of its govendng body. WUNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (lf Corporation, Secretary only will attest and affix seal). PRINCIPAL: Elite Construction & Grading, Inc. G ' (Affix Seal) Signature of Authorized Officer WUNESSPS: Title P.O. Box 99 00610.2 June 2009 New Hanover County Contract #09-0392 f i r 1 , - 1. Business Address j Rocky Point, NC 28457 r City State WITNMS: North American Specialty Insurance Company Corporate Surety i ; Seal) Angela ount ey in-Fact na Fewell 6230 Fairview Rd., Suite 230 Business Address Charlotte, NC 28210 r- i City state Thomas Rutherfoord, Inc. rNam of L.oW Xnsuraaec Agency Ir j r r. - I, is 1. r 00610 - 3 June 2009 New Hanover County Contract #09-0392 CERTIFICATES AS TO CORPORATE PRINCTAL I, certify that I am the Secretary of the Corporation named as Principal in the within bond; that Imes C. l,)a\t-r who signed the said bond on behalf of the Principal, was then y,ce pre 1 of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body, e2 Gil -Ctf orate Seal Secretary STATE OP NORTH CAROLVA, - COUNTY OF NEW HANOVER Before ipe, a Notary Public, duly commissioned, qualified and acting, personally appeared Ramona Fewell to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the North American Specialty Insurance Comfy that he has been authorised byNorth American Specialty Insura foregoing bond on behalf of the Contractor named therein in favor of New Hanover County, North Carolina. Subscribed and sworn to before me this day of =jnV 009, A.D. (Attach Powbr of Attorney) Notary Public Debra S. Ritter State of North Carolina-at-Large My Commission Expires: 10-5-09 END OIL SECTION O 009V oioc US R,tP z` NOlEXp6 Zpp9 - O 00610 - 4 rune 2009 New Hanover County Contract #09-0392 r is SECTION 00620 PAYMENT BOND STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER r- . KNOW ALL MEN BY TM E PRESENTS that Elite Construction & Grading, Inc. ' P. 0. Box 99, Rocky Point, NC 28457 as Contractor, hereinafter called Principal, and North American Specialty Insurance Company as Surety, hereinafter called ' Surety, areheld and firmly bound unto New Hanover County, North Carolina, as Obligee, hereinafter One Million One called Owner, in the amount of Hundred Ninety i Dollars ($.1 197,7773 for the payment whereof Contractor and Surety. Seven Thousand I bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, Seven Hundred firmly by these presents. Seventy Seven Dollars-- WHEREAS, Contractor has by written agreement dated 2009, entored into a Contract with Owner for F NEW HANOVER COUNT'Y' SIECURE LANIDFJLL Cell 6D Construction r In accordance with Drawings and Specifications prepared by SCS Engineers, which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that; if the Principal shall prompUy make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the n following terms and conditions; A. A claimant is defined as, any person supplying the Principal with labor, material and supplies, r used directly or indirectly by the said Principal or 4uy' subcontractor in the prosecution of the work provided for in said Contract, and is further defined in The North Carolina Statutes. B. The above named Principal and Surety hereby jointly and severally agree with the Owner that. every claimant as herein defined, who has not been paid in full before the expiration of it period of ninety (90) days after performance of the labor or after complete delivery of materials r and supplies by such Claimant, may sue on this Bond fnr the use of such Claimant, prosecute i the suit to final judgment for such sum or gams as may be justly due Claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. f_ I 00620-1 Juno 2009 I New Hanover County Contract #09-0392 C. No suit or action shall be commenced hereunder by any Claimant: 1, Unless Claimant, other than one having a direct Contract with the Principal, shall within r, forty-five (45) days after beginning to furnish labor, materials or supplies, for the prosecution of the work, furnish the Principal with a notice that he intends to look to this Bond for protection. 2. Unless Claimant, other than one having a direct contract with the principal, shall within ninety (90) days after such Claimant's performance of the labor or complete delivery of materials and supplies, deliver to the principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefor. 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; It being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such ]imitations shall be deemed to be amended so as tq be equal to the minimum period of limitation permitted by-such law. 4. Other than in a state court of competent jurisdiction in and for the county or otherpolitical - subdivision of the state in which the project, or any part thereof, is situated, or In the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. D.. The principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract and shall pay Owner all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract. E. The Surety, tor value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications applicable thereto shall in any wise affect its obligation on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the Work or to the Specifications. F. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's rating of " A " and Financial Category of "Class XV 40620 - 2 June 2009 New Hanover County Contract #09-0392 1 7, IN WITNESS VtffEREOF, the above bounded parties executed this instrument under their several seals, this ,L day of Au ii ~-t - 2009, A.D., the name and corporate seal of each r, corporate party being hereto affixed d these presents duly signed by its undersigned representative, pursuant to.authority of its governing body. F V YMESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). F. PRINCIPAL: r Elite Construction & Grading, Inc. Seal) ignature of Authori~ Officer W)TNMSES: Fl. Vice Pt 60V-r`A Title P. 0. Box 99 Business Address ~I Rocky Point, NC 28457 r City state ii f - rr SURETY. l WITNESS; North American Specialty•Insurance Company I. - Vtoy A n ela Y t Seg -F jdZ Ramona ewell r ( 6230 Fairview Rd., Suite 230 Business Address Charlotte, NC 28210. City state r. j~ Thomas Rutherfoord, Inc. Name of Lmal Insurance Agency n, 00620 - 3 June 2009 CERTIFICATES AS TO CORPORATE PRINCIPAL . I'come- ID, Adayy' , certify that I am the•Sectetary'of the Corporation named as principal in the within bond; that ~Le who signed the said Bond on behalf of the Principal, was then aJ - P_ YOV of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed; sealed, and attested for and in behalf of said Corporation by authority of its governing body. orate Seal secretary STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Ramona Fewell _tome well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, . for the North American Specialty Insuranc%5ompra' he has been authorized by North American Specia ty nsuran~yforegoingBondonbehalfofthaContractor named therein in favor of New Hanover County, North Carolina. Subscribed and sworn to before me this _L day of Zp A,D. (Attach Power of Attorney) LfIlA40- J NotaryPublic Debra S. Ritter State of North Carolina-at-Large My Commission Expires: 10-5-09 END OF SECTION 00620 - 4 7- June 2009 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: RAYMOND J. GARRUTO, MARTIN D. PALLAZZA, BRAD W. GIBSON, RAMONA FEWELL, DEBRA S. RITTER and ANGELA M. YOUNT JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ~{\\I....IIII nmm~uolllloyy % ~\yQ\G.QppPOH,j G % _ Z*0.°1pS10 NAt/y By '60'15,i4- -5 MIC2/1 , C, `V S~L ; m= Steven P. Ander son, President & Chief Executive officer of Washington International Insurance Company pae SEAL Q7y ff i 2c 2 W,Tj, 1973 4,: n & senior vice President of North American Specialty Insurance Company to O° :m t Ilk Z' °jllnnillnN\\\\ B cu 7a Pd, ~100 David M. Layman, Senior Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 19th day of November 1 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: 19th November On this day of , 20 08 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comnanies. =Stateof orl, o FF' inois D. Sklens, Nota 0,06,2011 Donna D Public 1,James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of 20 . James A. Carpenter, Vice President & Assistant Secretary of Washington Imertationel lnsnranc< Compa- & North American Specialty Insurance Company ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/7/2009 PRODUCER Phone: 919-782-1840 Fax: 919-782-1841 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rutherfoord ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3101 Glenwood Avenue, Suite 105 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Raleigh NC 27612 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Firemen Is Insurance Co. of Was A ✓ Elite Construction & Grading, Inc. INSURER B:Brid efield Casualty Insuranc P- P. O. Box 99 Rocky Point NC 28457 INSURERC:The Hanover Insurance Company INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L POLICYEFFECTNE POLICY EXPIRATION LTR N RD POLICYNUMBER D TE M MMD LIMITS A GENERAL LIABILITY CPA010199240 ✓ 4/19/2009 4/19/2010 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea ccurence $500,000 CLAIMS MADE a OCCUR MED EXP (Anyone person) $10,000 X XC'IT PERSONAL &ADV INJURY $1,000, 000 X Contractual Liab GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JEC X LOC A AUTOMOBILE LIABILITY CPA010199240 4/19/2009 4/19/2010 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000, 000 ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ X HIREDAUTOS BODILY INJURY X NON-OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY CPA01019 9 2 4 0 ✓ 4/19/2009 4/19/2010 EACH OCCURRENCE $5,000,000 X OCCUR F ]CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ RETENTION $ $ WCSTATU- OTH- B WORKERS COMPENSATION AND 19608977 = 4/19/2009 4/19/2010 X TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $500 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 5 0 0 000 C OTHER IHR5359758 4/19/2009 4/19/2010 $250,000 Per Item Leased/Rented Equipment $500,000 Maximum v~ Builders Risk r $1,600,000 Any One Loc. ,Motor Truck Cargo $500,000 Limit ~111 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: New Hanover County Secure Landfill, Cell 6D Lateral Expansion, New Hanover County, North Carolina / New Hanover County is included as an additional insured under the general liability with respects to ongoing and completed operations by the insured per written contract. Umbrella is follow form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER New Hanover County WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 230 Government Center Drive, Suite 125 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Wilmington NC 28403 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 8 /10/200 9 PRODUCER Phone: 919-782-1840 Fax: 919-782-1841 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rutherfoord ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3101 Glenwood Avenue, Suite 105 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Raleigh NC 27612 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:Steadfast Insurance Company Elite Construction & Grading, Inc. INSURERS: P. O. Box 99 Rocky Point NC 28457 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L POLICYEFFECTNE POLICY EXPIRATION LIMITS LTR N TYPE OF MISURANCE POLICY NUMBER DATE(MMIDDIYY) DATE (MMIDD/YYI GENERAL LIABILITY EACH OCCURRENCE $ D AGE O R TED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $ CLAIMS MADE F-1 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIREDAUTOS BODILYINJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GAR AGE LIABILITY AUTO ONLY -EAACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR M CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ A OTHER CPL655071300 8/10/2009 2/10/2010 Pollution Liability $3,000,000 Each Claim $3,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: New Hanover County Secure Landfill, Cell 6D Lateral Expansion, New Hanover County, North Carolina CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER New Hanover County WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 230 Government Center Drive, Suite 125 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Wilmington NC 28403 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) New Hanover County Routing Slip Contract # Department ~cct. Initials Date To: Risk Manager ~Grants Coordinator Finance Director County Manager z Commission Chairman Clerk to the Board County Attorney From: Legal Dept. Date Re: Contract for/Dept. 8-I0 -Oq 2eAu r n to 12iS'y ni ~ CQQ-le- bond s aS4e Y wC&-b tfn