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09-0281
New Hanover County Contract #09-0281 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY ~ h. ~ THIS CONTRACT, made and entered into this day of 2009, by and between NEW HANOVER COUP Y, a political subdlvisi n of the State of North Carolina, hereinafter referred to as "County"; and GARRETT LAWNS & MORE, a North Carolina entity, hereinafter referred to as "Contractor"; WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Scope of Services. Contractor shall perform all labor and materials to perform lawn and ground care services at the New Hanover County WASTEC Facility located at 3002 U.S. Hwy. 421 N., Wilmington, North Carolina, in accordance to Exhibit "A", attached hereto and incorporated herein. 2. Time of Performance. Contractor shall commence work March 1, 2009 and continue through February 28, 2010. 3. Payment. County hereby agrees to pay to the Contractor for the cost of this contract a sum not to exceed Nine Thousand Six-Hundred ($9,600) Dollars. Extra work outlined in Exhibit "A" shall be performed only with prior written Change Order from the County. 4. Extra Work. County and Contractor shall negotiate and agree upon the value of any extra work prior to the issuance of a Change Order covering said extra work. Such Change Order shall set forth the corresponding adjustment, if any, to the Contract Price and Contract Time. 5. Indemnity. 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, to the extent resulting from the negligence of or the willful act or omission of Contractor, his agents, employees and subcontractors. 6. 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 County, of the kinds and minimum amounts specified below. Page 1 of 37 dm 70080100-700415 ORIGINAL 7. Certificates and Notice of Cancellation. Before commencing work under this contract, Contractor shall furnish County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement: The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by County. The Certificate of Insurance, naming New Hanover County as an additional insured on Contractor's Commercial General Liability, 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. 8. 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 employer's 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. 9. 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. The policy must specifically include pesticide herbicide applicator coverage. The policy shall provide liability limits at least in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, 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. 10. 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. 11. Independent Contractor. It is mutually agreed that Contractor is an independent contractor and not an agent of the County, and as such the Contractor shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workmen's compensation, or pension and retirement benefits. 12. Warranty. The Contractor warrants County that any and all services provided under this contract will be provided in accordance with the prevailing standards of care for professional excessive prevailing in North Carolina at the time of performance and that any and all materials and equipment furnished will be of good quality and new unless otherwise permitted by this contract. All work not conforming to these requirements may be considered defective. All work shall conform to applicable Federal, State and local laws and regulations. Contractor shall be responsible for all costs, damages and expenses including, but not limited to, penalties, fines and fees, that the County may incur as a result of Contractor's failure to perform Page 2 of 37 dm 70080100-700000 T New Hanover County Contract #09-0281 under this Agreement. 13. Default and Termination. If Contractor fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Contractor breaches any of the terms or conditions contained in this contract and fails to cure said breach within two (2) days of County's mailing of Notice of Default, or provides defective service, 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. County may enter into another contract for the completion of the 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 or which may become due to Contractor. In the event this project is terminated prior to completion of the services by the Contractor, the Contractor shall be paid for services performed to the date of termination. In no event will the amount due Contractor in the event of termination exceed that amount set forth in paragraph 3 of this Contract. Nothing contained herein shall prevent the County from pursuing any other remedy which it may have against Contractor, including claims for damages. 14. Termination for Convenience. County may terminate this Contract for convenience at any time and without cause upon thirty (30) days written notice. Upon receipt of notice by County, Contractor shall immediately discontinue the work in connection with the performance of this Contract. 15. Non-appropriation. All funds for payment by the County under this contract are subject to the availability of any annual appropriation for this purpose by the Board of Commissioners. In the event of non-appropriation of funds by the Board of Commissioners for the services provided under the contract, the County will terminate the contract, without termination charge or liability, on the last day of the then-current fiscal year or when the appropriation made for then-current year for the services/items covered by this contract is spent, whichever occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Professional on thirty (30) days' prior written notice, but failure to give such notice shall be of no effect and the County shall not be obligated under this contract beyond the date of termination. 16. Non-waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this Contract, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Contract. 17. Conflict of Interest. No paid employee of the County shall have a personal or financial interest, direct or indirect, as a contracting party or otherwise, in the performance of this Contract. 18. Subcontracts. The Contractor shall utilize no subcontractors for carrying out the services to be performed under this Contract without the written approval of the County. Page 3 of 37 dm 70080100-700415 19. Entire Agreement. This agreement constitutes the entire understanding of the parties. 20. Binding Effect. This contract shall be binding upon the parties hereto, and their heirs, successors, executors, administrators and assigns. 21. Further Actions. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of this contract. 22. Inclusive Terms. Use of the masculine herein shall include the feminine and neuter, and the singular shall include the plural. 23. Governing Law. All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. 24. Notices. 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: To County: New Hanover County WASTEC Facility Attention: Teresa Horsboll 3 002 U. S. Highway 421 N. Wilmington, North Carolina 28401 To Contractor: Garrett Lawns & More Attn: Chuck Garrett 202 Mohawk Trail Wilmington, North Carolina 28409 25. Assignability. 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. 26. Amendments. 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 day and year first above written and by authority duly given. Page 4 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 A•1•"1 E51': Sheila L. Schult Clerk to the Board This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. A 1h Q- dom. Coun mance Director SST, NORTH CAROLINA NEW HANOVER COUNTY County Attorney I, 4~kn"'q~ 0=,.-e-C a Notary Public of the State and County aforesaid, e ify that S e la L. 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, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and My commission Page 5 of 37 70080100-700415 " gtleigh b GC k~ O TA R y'• *149~~~ Expires 3/24/2011 %PUBLIC; •'G NEW HANOVER Bruce T. Shell County Manager GARRETT LAWNS & MORE &644 Ji~ Title Ap ved as to form: official seal, this day of No 4y Public dm NORTH CAROLINA NEW HANOVER COUNTY I, Rebecca Breen, a Notary Public of the State and County aforesaid, certify that Charles D. Garrett came before me this day and acknowledged the due execution of the foregoing document. WITNESS my hand and official seal, this 26th day of March, 2009. Notary Public My commission expires: OFFICIAL SEAL Public, nrolina ENI ew Hanoo :REBECCALBRE phas 111 New Hanover County Contract #09-0281 NEW HANOVER COUNTY N8111191svilit CONTRACTOR COMPLIANCE REQUIREMENTS Page 7 of 37 dm 70080100-700415 TABLE OF CONTENTS Introduction Statemmsnt of Purpme 3 1.0 General Contractor Guidelines 4 2.0 Se Trains O dons 6 3.0 Standards of Conduct 7 f 4.0 Hot Work Su erit for Contractors 8 6.0 Personal Protective Equipment 9 6.0 Haaard Communications (HAZCOM} 12 7.0 LockoutfT ut 13 8.0 Electrical Safety Su PiPWDent fbr Contractors 14 9.0 Fire Proteotion/ Ern enc Evaouafion 16 Contractor Agreement Form - 16 APPEMDIxA REIN in action Forms and Mon-Routine Work Permit 19-31 Page 8 of 37 dm 70080100-700000 New Hanover County Contract 409-0281 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 property will assure smooth workflow, high quality results, and aid in the safety effort, In turn, this will result in reduced possibilhierf of injury to you, other employees, or the public and, furthermore, will reduce the passibility 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 desireto 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 oo-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. Page 9 of 37 dm 70080100-700415 1.0 GUIDELINES A. All contractors and sub-oontractors shall furnish the New Hanover County, Department of Environmental Management with a copy of the following certificates: # WVKKtKb- GLrr11Y'CIYaR11V17 AMP CMt--L.Wrar%Q LU7oR11 r rnarnnnv~. 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 $1 t10, OOtaU500, 000/100, 004. ♦ COMMERICIAL GENERAL LIABILRY: Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract: productsloompleted operations liability and broad from property damage liability insurance cowrage. 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, 000,0001oeourrenoe, 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. # AUTOM 131LE LIABILITY INSURANCE. Covering all awned, non-awned and hired vehicles, providing liability limits at least in the amount of S1,000,0001occurrence combined singly; limits applicable to claims due to bodily injury andlor 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 oontractor employees must abide by DEM General Safety Rules and Regulations at all tirnes, 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, Page 10 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 G. It is the responsibility of the contractor to inform management of any known hazardous condition that may midst due to the contract work being done in the areas where departmental empk"es may be exposed to the known hazards. H. It is the responsibility of OEM to hold a pre-construction operation and safety briefing with the contractor before any work is io begin. 1. Periodic job site inspections are to be done by a departmental representative to see that the job is proceeding safelyand 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 epaw information supplied by DEM before entering confined spaces to perform work on DENT property and comply wits, 29 CFR 1910.146. L. It is the responsibility of the contractor to review the lockoutttagout 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 far atl containers of hazardous substances brought on DEM property. 0. It is the responsibility of the contractor to make sure all his employes comply with the DENT Personal Protective Equipment (PPE) polieyat all times. P. It is the responsibility of the contractor to make sure all his employees oomply with the DEM Hot Work policy at all times. Q. The contractor understands that violating these rules could read to his/her immediate dismissar. R. The contractor understands that a waiver form must be signed to use any New Hanover County equipment. (see page 30-31) 5 Page 11 of 37 dm 70080100-700415 2.0 CONTRACTOR SAFETY TRAINING OPTIONS Option A The job site and construction procedures used by the contractor andtor contractor employees shall meet OSHA compliance found at 29 CFR 1970 and 1928 at all tirnes, It is the duty of the contractor to submit training records for the following programs that are marked with a (X). Lockoutrragout Confined Space Entry Respiratory Protection Hazard Communication MSD$ Submittal (9 applicable) Fire Pr&mntion 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'* Safety Manual Option IS In lieu of submitting valid training records the contractor may present a valid Wilmington Area Contactors Safety Council (WACSC) Card_ The WACSC Contractors class covers job safely and health guidelines that are necessary to be familiar with before working at DEM. Option C (Dep Arrant of Cormalans Only) Before any Inmate or DOG 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 WASTEC. 6 Page 12 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 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 vuill subject the employee to disciplinary action including the possibility of contractors removal from the site. A. willful damage of any departmentaf 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 threa0ening language, fighting, or interfering with fellow employee(s), supervisor's or manager's job. E. Stealing or attempting to steal from fellow OEM employee(s) or the department. F. Refusal to perform assigned duties or to obey instructions. G. Sleeping an 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. I Falsifying any documents. 7 Page 13 of 37 dm 70080100-700415 4.0 HOT WORK All Contractors must cbtain a hat work permit before beginning any welding, cutting, or brazing work. The hot work permit may be obtained by corrIlacting 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 cr equlpment 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 acea that can be moved and the remainder will be protected vVittr welding curt8ins, 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 b* working or passing by. a Page 14 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 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 protec&e equipment will not be allowed to perform work without first obtaining the proper protective equipment Head ProotecWn 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 cuttinglwelding 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, h shall be replaced without delay, 5. Only approved Department decals and the employee's name will be permitted on a hand hat When an employee's name is on the hard hat, it shall be produced on a non- r onduGting material. No rather method Is allowed or acceptable. B. All head protection shall meet ANSI 189.1 approval, Eye Protection 1. Departmental eye protection consists of safety glasses, goggles, and face shields, 2. All protective eyewea r will meet ANSI 287,1 -1984. 3. Eye proteetlon will be wom in the following areas; • Ali WASTEC facilities, except for the control morn. restrooms, and of ms. 4 when working on the NHC Landfill. 9 Page 15 of 37 dm 70080100-700415 4. A pair of gaggles with a faceshield or a combination goggle-faoeshield shall be worn when doing the following jobs: s Handling chemicals • Servicing storage batteries • Grinding rr Chipping s drilling • Chiseling rr Soldering Breaking concrete a Cleaning hoppers ! conveyors! furnace grates 6. 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 boats or shoes. Respi mtory Protection 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 currant medical evaluation an file (by assignmerrt 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, 19 Page 16 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 Hand Protection 1. Appropriate hand protection shall be warn when employee's hands are exposed to hazards such as skin absorption of harmful substances, severe cuts or lacerations, punctures, chemical bums, thermal burns, and harmful temperature extremes. Emir Probection 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, NEARING 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 bells 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 inrspected by a QEM representative prior to any worts beginning- A sample copy of this inspection form can be found in Appendix A. 11 Page 17 of 37 dm 70080100-700415 6.0 HAZARD COMMUNICATION PROGRAM (HAZCOM) Like many industries, the Department of Environmental Management is subject to the Hazard Commination Standard, found at 28 CFR 1910.1200; therefore, all conlrautom and contract employees must comply with this standard) when working on DEM property. The department has a written HAZOOM program, maintains a current chemical inventory, and material safety data sheets (MSDS), and trains our employees aooerftg 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 canceming the standard and inform these employees of the following when they are performing work on DEM property. : How to read and understand a MS DS. ♦ Where the DENT 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 errtployees, NOTE., if a oontraetor Is bringing any ct ooddals am-site 0my roust supply the DEW Safety Drrecbr with Me applicaboa Was. 12 Page 18 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 7.0 LOCKOUT1TAGOUT f3EM has a written lockouthagout 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 unexpecied energization, start-up or release of stored energy could cause injury. We mquire that all worst being perfomned on any hazardous energy source be in oompliance with 1910.147 and the DEM written kxkoutAngout program. Before performing any work on OEM 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 contrast employees who will be involved in the job familiarize themselves with the OEM loakoutltagout procedures (DEM pre-construction meeting). • Ensure that all trained contract employees have the necessary approved lockoultiagout devices. Each of the contractor's employees must have their own lockout lacks. These locks must be clearly marked with the employee`s name, 13 Page 19 of 37 dm 70080100-700415 8.0 ELECTRICAL SAFETY-RELATED WORE{ PRACTICES Safety-related work practices cowered by the electrical safety program include poisons work ng on, near or with the following installations; • Premises wiring: Installations of electric conductors and equipment within or on buNding or other structures, and an other premises such as yards, parking, and other lots, and Industrial substations- • Wring for connection to supply= Installation of conductors are the premises. • Other wiring. Installations of other outside conductors on the premises. Conbraders must provide minimum trarining to qualified contract employees who are permitted to work an or near exposed parts and be familiar with the following: s The skills and techniques necessary to distinguish exposed live parts from other parts of the electric equipment, t The skills and techniques necessary to determine the nominal voltage of exposed live parts. s The eleaeranee -distance specified for working on or near energ¢ed parts and the corresponding voltages to which the qualified contractor employee will be exposed. Qualified oDntract employees whose work on energized equipment involves outlier direct contact or contact by means of tools or material also must be trained concerning: • The capability of working safely on energized circuits. 4 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 w+ortc is being performed must be advised of the following: s Where the work is being performed. • The type of work being performed. ♦ Flow to distinguish IockauMagout devices, 14 Page 20 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 • What the hazards are and how to avoid them. t Any personal protective equipment they maybe required to wear. DEM will require a copy of the oontractor's electrical safety-related work practioss program before we will allow a contractor to perform any work on our property. The contractor must do the followi ng= ♦ Follow the IockouVtagout standard while performing any electrical work on OEM property. • Provide training records or valid VVACSC card for qualified and unqualified contract employees it requested. s Provide contract employees with the proper insulated equipment to perform the assigned task. t 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 perbrmed 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). 16 Page 21 of 37 dm 70080100-700415 SECTION 9.0 FIRE PROTECTIONIEMERGENCY EVACUATION 1. The emergency alarrn'annou ncement method shall be: a l=ire Alarm rr Sprinkler System t Paging System Voice Command 2. Upon discovery of a minor fire {in*ient stage or a fire which can be contained by a portable fire wdinguisher): a Pull the fire alarm. s Report the fine to your supervisor. a Mort others in the immediate any. Use the nearest portable fire extinguisher, if safe to-do so and ynu have been trained. 3. Upon discovery of a major fire: t Pull the fire alarm. s Report the fire to your supervisor (supervisor call 911) t Evacuate the area immediately. In the everd of an evacuatiion: • W not panic. ♦ Shutdown equipment, if passible. # Proceed to the nearest EXIT. • Report to the DEM front gate. 4. Flammable and combustible liquids shall be dispensed by a pump or self-6osinig valve. S. Never leave open containers of flammable or combustible liquids, oily andlor greasy rags in the Plant, S. 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 fine extinguishers have been used, they shall be returned to the Materials &idding fiorrecharging 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-fig Ming 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-Ali fire extinguishers are to be inspected at least on a monthly basis, records kept, and faulty or missing equipment replaced as soon as possible- 16 Page 22 of 37 dm 70080100-700000 CONTRACTOR AGREEMENT TO COMPLY I, &dj, d_C3- Off, a repraeordative of gge?r ,gwortr do hereby acknowledge that my company has received a copy of the guidelines governing contract work tieing performed on New Hanover County. Department of Environmental management property. It is agreed that as part of the contract my oompany and its employees will comply with these guidelines and all the written programs which apply to the work being performed. Signed; Contractor Date: 09' Pleas@ return this signed page along with a copy of the records requested, on page B of this document and include a oMy of the past 2 years OSHA 300-A log_ Return with to the designated NHC Department of 5nviroomental Management Project Manager or kid oor- crdinator, 18 Page 24 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 APPENDIX A CONTRACTOR INSPECTION FORMS AND NON-ROUTI NE WORK PERMITS AND WAtWER FORMS 19 Page 25 of 37 dm 70080100-700415 BODY HARNESS INSPECTION CHF inspected By: CKLIST Date. Ir,stri.~ctiaa6: t. All parts of safety belt and attachments are to be inspected lor wear and darnege 2. This ti' symbol is for YES or OK. This x symbol Is for NO or REPLACE. 3. To be inspected ptiorto my work beginning and returned in to QEM Sa" C3Ffioa. M rn a ' a ~ 4 0 oY m `m t Y g 4 ca m 9 4 Employee Name Badge Number Mfg.'s Serial Number 20 Page 26 of 37 dim 70080100-700000 New Hanover County Contract #09-0281 SCAFFOLD ■ Prq-W-- Name: Floor. Building Number. Room Number, Contrp ar- SCaffald Type: Data of Procedure. Tlrne of Proced ure: SaffLy Belta Nomad? Yes No Nome (W of ScaffbOw Ernecb S Name Company Name Gram an If Sweas or HI-Ult, Name of Operstr Comments: om em Parson: Ins cW P GaRga~nt Pemo~ (RI"I Nyral IP, a. ~°^4e^J W e LocaTrom coNTRAcroa: DATE OF PvkQrgfiuiE: T1NK of PFI=DURE: NAmr: of Compru w PERSON: DATE Rwawm: 21 Page 27 of 37 dm 70080100-700415 LXCAVATIONI TRENCHING PERMIT Project Name: Inapeclad ay: Trenching Area: Title: Mate of Pnmedure: Time of Procedure: Contractor Supervcw: Company Name- Purpose of EzcovatiorvTrenching Operatron (Drainage, etc.): Clastificaliarl of as I 1011dRO*T AT 01T 0 Protective System Trrp•. 0W.%ftd51r ,%..V pM MNaucswry hRr' Trenching E=avatim Depth Width Measu:aments: , Yea h(o Required le a ladder ided inside the Irenchimetavation7 Is wmavate material stoned 2 ft or more frwn edge of trencWB=aYaI:iDn1 AM employees exposed to vehicular traffic? Of YES r eft -jve testa are re aired Are underground utilities and other structures protepW? Meter. Gas Sgwer Tele hone, Eldth'ir stG Is there a potential for hmrdoue atrnosphem Iv exiW Oxygen dafloiancy -19.5 M less / Flammable Limit - 20% of L.E. L `If YES, Refer to DEN Sofe4 Manual - Confined Space Entry) Are employees tralned In the reco©nltlon and avoidance of unsafe Conditions assmiMeta!d wiljh tr+enrhi liaxcavati activities? 7OnlmenislPMM6i6ns: DEM Si rl~tur+? Date - rte *VPOL (ALWLa aWD.DY 8 =FHW19 rtA9rWe.. 22 Page 28 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 rrwr~rdrr ~r~ee~arpud•►~~u srsq , Gvawe DW W 4M" O"d9M LOIO re• MD WM L*WWM ~~P~ il~aa Ym~4+Twmx M'. e*ax UM*b it . ss ~s ra ~s s G9dRi+wde~Ystlo 1'a i&&-" awlit U ~ Ya?Ja'fDsdv~'s- _ _ Y0 4b C.M.W. In+uosy6,00~ OY ~r.TFI'4 wr - 23 Page 29 of 37 dm 70080100-700415 24 Page 30 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 SAFETY TRAINI DATE OF 7RAIHING: Name Date NG LOG SUBJEOC Tkamam Name Date 1 26 - 2 27 3 28 4 29 5 30 8 31 7 32 B 33 8 34 10 35 11 36 12 37 13 38 14 39 15 40 16 41 17 42 15 43 19 44 20 45 21 46 22 47 23 48 24 49 25 50 ' Cantraebor Trained: Comments; 25 Page 31 of 37 dm 70080100-700415 28 Page 32 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 SOP-26 t. GENERAL: NEW HANOVER COUNTY WASTEC FACILITY PROCEDUREFOR FIRE WATCH A Fire Watch is posted any time hot work is being performed on the sibs. Also when any fire protection system, alarm or detection device is removed partially or completely from service. This includes planned or emergency outages of the fire system or whenever a fine system, alarm or detection device is impaired. The longer the protection is out of service, the greater the probability of fire, On any fire Watch, notification will be made to all affected employees. The Operations andlor Maintenance Supervisors will coordinate and plan the Fire Watch- The followiing personnel shall be notified when a Fire Watch has been posted, the Operations Manager, Maintenanoe Manager, and OEM Safety Officer. This notification will be made in person or by telephone during normal working hours. After hours notification may be made by email or telephone, If. PURPOSE: The purpose of this procedure is to assure that a Fine Watch is posted during any activity that increases the probability of a fire. The basic steps are; 1. Limit the scope and duration of all Hot Work, 2. Supplement manual fire Extinguishers with extra Extinguishers in the affected area. 3. Notify the Maintenance Supervisor and Maintenance Manager to stop any unnecessary welding and shutdown any hazardous activity. 4. In cases where the fire system is under an impairment. Welding: cutting and any open flame must be restricted during fire system impairments. Re-evaluations of the affected area must be preformed before any hot work may nesurne. 5. Notify, Operations Manager, Maintenance Manager, Safety Offroer and Materials pemonnal (no exceptions) of the nature and swpe of any Fire Ywatoth. 6. The Operations Shrift Supervisor andtor Maintenance Supervisor must assure that no fire impairment exist during hot work actlaitles without proper precautions. All Hot Work Permits are to be suspended during fire system impairments until the area has been rechecked and 27 Page 33 of 37 dm 70080100-700415 determined to be safe for heat work activities. An example of work that could be given permission to continue affer re-inspeotion; would be welting outside of the building where minimal fine hazard exist and another water source is available such as PVM water or welding inside a boiler. An example of hot work that could not continue is any hot work around the crane bays or tipping floor. 7. Post a Fire Watch in the affected area until the Hot Work has been completed and for a period not less than M hours after completion of the Hot Wark. 8. When the hot work is oompleted the Fire Watch must stay in the immediate area where the Hat Work Permltwas posted for a minimum of (112 hours). Then the Fire Watch may leave the immediate arse as instructed by the supervisor. The supervisor at his discretion may require the Fi re Wate h to maintain a Fire watch for as long as he feels necessary, The supervisor is responsible to assure that the area has been checked for fires and is secure- The Shift Supervisor shall record this in w mation in the supervisors shift log. It. PROCEDURES; Follow all procedures and steps outlined under the DapartMent of Environmental Management(Hot Work; Welding, Cutting and Brazing Written Pro@ram)and(NotiFication of Fire System Impairment Procedures SOP - 84) describes the actions to be taken. IV. Fire Watch NOTIFICATION On any fire watch, notify all affected employees of the hot work activities. All affected employees shall be notified who has been the assigned Fire Watch duty- V. ENDING A FIRE WATCH After completing any hat work, it is important to assure that the area has been monitored for possible fires. At the end of a Fire Watch rnanitorl rig period; the Shift Supervisor or Maintenance Supervisor will I make a final inspection of the area affected by the Hot Work Permit and determine that it is sde to and the fire watch, The Shift Supervisor or Maintenance Supervisor will inspect the area and determine chat normal operations may proceed or continue the fire watch if deemed necessary. Once all fire danger has passed the Shifl Supervisor or Maintenance Supervisor may end the fire watch by signing off an the Hot Work Permit The Hot Work permit must then be turned in to the control room for record keeping. Failure to return a Hot Work permit to the oontrol room is a serious violation orWASTEC safety policy. 28 Page 34 of 37 dm 70080100-700000 New Hanover County Contract #09-0281 mm NANOM GpUMTf WIBMTMENT OP ■MRO#ErNTAL MAKAGOWNT CXMNER8MACZ PERMrr lp*M was WMffTG BE ENIEW D SAPATOW ® IY: OMM, A" W eewr. oavr AUMME ec.rwsas~eeeeber rurru sm"kpbn&Aiv na` rv44r ~POr OMe: A"FEWC e . P4ePU vallim omP CCIpIpeM CIIePpBtl Pimn: TP: G IinsTEC © p.o.u..rr4.~pwr~ar~r. TeppY~pP4ePHNempe~. ~ ~ r wod.d whoa a.r~■.~u.~.un.~m r react Ner+rl 4e4resa aew.! aasnr-rrri puaiY. m.8 ys e~~eKk o m.~ o ppro © Y A&S purer N04A, s p&.ra. n.!ar..-ft a ao U."DO Shift Q WFWM~ hRI W POasapwe'prl~ epar/MM rM w+MM~.r h Oemwl-r.p-. ft.* a we-= [-A-l OnWt.rsied w4wrwa..~wwr ma E E.Mmww _uwia w MaM~7ootwln#P4MMC wd awa qwy- A&-FMu W&AWd.aa Mnoreaa !Yy.M Qm 4o.w►y Www.Ma" err. y 4PWA "A not tew"a deadw. Ilaaar lr~rpv,Nnaae ar~aWtW. M1G ~vnsa _OMMa sae E ® P'rrN bMyi r eay~ er suti+y Ow.~+ M+rh..Ma DRwY 29 Page 35 of 37 dm 70080100-700415 Page 36 of 37 70080100-700000 AGREDMNf FOR USE OF MW ]fANDVRR C MTV EQUIPMENT Tb1t meal mult ba rc d sardaty and rig rrd by Ike, eadawypsd prior to MUring and in cod3drrAllonufl+rdnB ptirijeodto =myequipmard owdood by New Coso3y~ [~++Coypt3£quip~')ingodMuddtb0W&STKldCilily, EACH OP THE UNDERSIGISI d, Sow bimwlfi'lMnMI(Amd enY eedrY or Pw- bdabe wpa mt% whether as as employ agri, contractor, owner or undiow lae, end hwltafttt pesaomal Tgmmmtalivm bob.% cad miaoeeeora in bd=g4 eRMally saeaawletm alrear, warranibmd rrpreeellle that: 1. Helebe AL pdar to LLo uae of aMY C-AY cgnipracot, b8pen a-h aNbmerL HiAw uaa of said cquipm n4 if any, oonalilubte an akin kdamm that khbc hem av inspected such aqulpmwt and dW helsk fmdo sad auw+pls Our sa ua as baigg eafx and reaavaably suited For tho plop ws of hidha use and dw mat of the eq*ft a it, ineluddeg vdgrim If, at my dme, belle is uslog otaoty equ proeot and hdabe e-b myMiN V 'M wiseie, hefsbt will imediak cesae using tha aqulpniam and will immediffWy odviar the Vplieable employaelpvrmutel of monk pat:eived wwfe SI'Mlon and tall) not we the egiapmrat mull dw Cw= fbrewomn het Imen addrcm& 2. &e he HEREBY REIMLSE•4 WAIVES AND DISCHARGES ANY CUD a AGALNST, AND COVEI+ANTS NOT TO KW. (a) New Hs-- Cbt** pd each im dirocbors, offiars, apenhr, cmployoa% and afflisoed -tdL- asd peraoms {collective[y n}umd to therein w dw "Wcsiaeea'k Sam and W ally and aU liaWktr.low or deaoege, BW any claim ac daaands *crdbr an awoapt of injury to Bra uadersiSre4 any - pwonkilhe n7wents 4M hislherflis peraoctl mp - -1. ra„ h" etld anOteMLS In iii or to any pmoperly or ]mfm or llvlug iWag larautpbt by of on br]ialf of Ow wtdereWo* cc auy artJty or peram hdabe rcptrwen, in canJtmrctiaa wM the vac of Loudly uqudpmwnl, wledw amh liability, loan a damage is awed by the acba% o®wsiaC6 m:SllgKu^orp,oaa wgl€ roe ofthe Rdeaaeeaw otherwise, 3. Helebe H)i,BBBY ACrREES TO jNDB(N1FY AND SAVE AND HOLD HAKIMIFAM, AND REIM URS4 THE RELYASUBS kW ewh of them fmm acd for my lees. lahdliiy, dwW, nr cost (Ineimf m naeaopable a virims' feat) that the RelDas m may dams due w taro by the undemipmd or any persa% iuvei t?', or living t ft bmak by a om bdWf of the wwlctm~ w mY enmity of pcmm hdehe rgmm r, of Cowes squonaot, i-fludigg, for cmargtla, dwop W Oc cguiprsmi w faFilidea ofiho lUba w WA the acct of elcemrp Soo arty lubriood spills,. -had- caused by Ow acticaa 4Z yaps„ iscludlr,S NISLd@- and g-sa a44geaoe, of erry of the RAceeeasrot =w1w- 4. NdN6s represenu by his or her usa afadd aqukzftM drat he w ehd has obtained the n==ary mod Apshto daw training And da capable of uaiag asid egtdPMw1 is a cafe tnerwttr. 30 dm New Hanover County Contract #09-0281 5. Hds rHSRIMY ASSUMES FULL I WOIgSM=Y FOR AND POKOF BOUILYINAMY, OEAni.MPERTYDAMAM,2C=DT6Y6ti[Q,F DAMACE OE FAILCM& TO. himnWVbmuff aa4 a77 avi m ua pmcm hdmhe NAM" =ift ft m ft notions Or WL'dcros, inehedID6 nWige= wl 1 nrgli~eocq at ae<y a8the Re[esatxs ca• al6entiar, in .~rgvomctiun wi0r hislhr uac of Couolyequipmtmol, htswtiogllteebort:.to&of ft w*rjiWtgdbambyexpoeuly auoV"Ia dw that b4tg No ics rcWved ordmnw to rmperO or vahWw may be mnppnnded or incrmard by neglipdtassue gmxmiom ae powedaa+ss of the Re6woo. b. llelsbampteskyadmnwWdS=mW apmtlwtk fompingrckme,wmivermd indemnity poowWam arc Womded to be ea bread amd mckmivs as m persnbled by law or arc atatt: m which Hie artiywn. fimWingt bmis, oleaa WW deu ONUeomm~ ere oweduamd, Q Oat ifwty pwjam orthis Agrama to is 6sw m;slid, it is apeed that dm balamoe ofW ARn9 u*d eluill, natwidtamding, mm nmr in full bc4* ibreo mW rE rA THE UNDERSIGNED HAS READ A0 VOLUNTARILY SLIM TIES CONSENT, RELEASE. WATVEROf LIARMW AND MDBMNrry AGREEhMNI, AND FURTHER AGREES THAT NO URAL RHMIKEN'L'NUONS. 8TATEMEI'iT8 OR INDUCEMENTS APART' FJtOM INN FMWOLYfi VIR[ITEK AORTi VF Tf '1~is Apse oxnt shad cominue in Pee w+[y- HAYL BF.13+1 MME. (tf any of the urckams rd s wulrr the age of eWom (t B). a patent or kpi buoadien of such imde Apmd must alw sign this Agreett mt, md. k so tigWag m=m No Avrement Rot himse;rand such mhtor.l SIMATM PRINI•l3UNAME i7letr• 31 Page 37 of 37 dm 70080100-700415 EXHIBIT GARRETT LAWNS & MORE 202 Mohawk Trail Wilmington, NC 28409 910-395-0287, 910-431-6365 & 910-228-1797 March 8, 2009 Proposal for: New Hanover County Department of Environmental Management Wastec Facility 3002 US Hwy 421 North Wilmington, NC 28401 Phone #910-798-4400 Fx # 910-798-4409 Attention: Teresa Horsboll Dear Sir or Madam: My company is pleased to respond to your request for a grounds maintenance proposal for the Wastec Facility. We will comply with all requirements as outlined in your "Scope of work for grounds maintenance Wastec Facility" items 1, 2 and 3. We will also comply fully with the paragraph detailing Frequency of Services, applying weed control, mowing, edging and pruning as directed by Wastec Plant Manager. The charge for this service will be $400.00 per visit or $800.00 per month. We will perform extra work, such as installing pine straw in plant beds @ $7.50 per bale, building flower/plant bed at main entrance sign @ $25.00 per hour plus cost of flowers/plants, only with prior approval from the Wastec Plant Manager. My insurance companies have already faxed to you all insurance certifications as required by your proposal request Wastec Facility March 8, 2009 Page 2 All employees have been issued work gloves, safety glasses, ear protection, and steel toed boots. All employees will comply with New Hanover County and Wastec's safety policies. All employees will be signed in on the contractor's log each visit prior to beginning work. We will apply chemicals to maintain weed control as needed or as directed by plant manager. Thank you very much for this opportunity. We are looking forward to servicing your account for the next two or more years. Sincerely, 3' ~ oq Charles D. Garrett Owner Enclosure bg REFERENCES: Century 21 Sweyer & Associates CAMS Swan Plantation 330 Gooseneck Road Rocky Point, NC Contact Person: Susie Benton 910-675-8026 Wilmington Health Associates 1202 Medical Center Drive Wilmington, NC 28401 Contact Person: Ed Gilcrest 910-686-2099, Pager 341-3773 Carolina OB/GYN 1802 South 17th Street Wilmington, NC 28401 Contact Person: Elizabeth Lesh 910-343-1031, Pager 341-5301 Azalea OB/GYN 1814 New Hanover Medical Park Dr. Wilmington, NC 28403 Contact Person: Craig Allard 910-612-9114 Date: 2/20/2009 12:22 PM Sender's Fax ID: Owens Insurance Nati rage L OT .5 ' Ac;CERTIFICATE OF LIABILITY INSURANCE OP ID MO DATE(MM/DD/YYYY) GARRE-1 02/20/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Owens Insurance Agency & ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Financial Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 101 5704 Oleander Dr ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , Wilmington NC 28403 Phone:910-392-1985 Fax:910-392-5934 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. xc7 cm,cu.i ri:. xneur.nce co 23779 INSURER B. Garrett 's Lawns & More R C N R Charles D & Charles R Garrett . I SU E 292 Mohawk Trail INSURER D: Wilmington NC 28409 INSURER E. f OVERAf:CR 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY ACPGLGO2203530882 10/07/08 10/07/09 PREMISES(Eaoccueence) $ 100000 CLAIMS MADE FX I OCCUR MED EXP (Any one person) $ 5000 PERSONAL EADVINJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OPAGG $ 1000000 POLICY RRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ 300000 SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ 300000 NON-OWNED AUTOS (Per accident) X X Personal Auto 6IJ693671 11/28/08 05/28/09 PROPERTY DAMAGE $ 100000 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 X X OCCUR F-ICLAIMSMADE 61PUSS8593 02/07/09 02/07/10 AGGREGATE $ 1000000 If DEDUCTIBLE $ RETENTION $ $ 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 $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS New Hanover County-Wastec is shown as Additional Insured for General Liability as respects to grounds maintenance contract. General Liability also includes pesticide/herbicide applicator coveragae. t-CDTICIPATC utll nFR CANCELLATION NEWHAN5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR New Hanover County-Wastec 3002 US Hwy 421 North REPRESENTATIVES. Wilmington NC 28401 AUTHORIZED REPRESENTATIVE Timoth Necaise ACORD 25 (2001/08) v rau.UKU k_VKP URil I wN Iuub Date: 2/20/2009 12:22 PM Sender's Fax ID: Owens Insurance Natt rage a up o 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) Feb 26 2889 18:51:00 The Hartford Fax Page 004 M . x ACORA. CERTIFICATE OF LIABI g tu'E PRODUCER FARRELL INSURANCE GROUP/PHS 271604 P:(866)467-8730 F:(877)538-8526 PO BOX 29611 CHARLOTTE NC 28229 mrsUme CHARLES GARRETT DBA GARRETT LAWNS AND MORE 202 MOHAWK TRL LITY INSURANCE P1DC 02-20-2009 ONILY ANDICONFERS NO R GHTS UPONTTHE CERTIF CATETION HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER TI4E COVERAGE AFFORDED BY THE POLICIES BELOW. IN5URER5 AFFORDING COVERAGE INSURER A! Sentinel Ins C: 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 unwu ••Av uAVc occhi ocnl IPcn QV PAM PI AIMR ANSO L TA TVPF OFINIBLWAMCE POLICY nIMAMER P0LXV ff=W VV/ OGUCV SX4WATAON LAN/r 8 EACH OCCURRENCE • O!A lRAL LIAwurV TY B FIRE DAMAGE IAmv ena flea) e ILI COMMERCIAL GENERAL LIA A MS MADE F7 OCCUR MED EXP (Arty one pereon) 0 I CL PERSONAL 6 ADV INJURY • GENERAL AGGREGATE $ IMIT APPLIES PER: R GATE ' PRODUCTS -COMPIOP AGO 0 L AGG L GEN E 71 DOLICV PRO- LOC C [7 OLILl LJANLITV COMOINCD SINCLC LIMIT IEa aaaidentl a Y AUTO OWNED AUTOS ALL DODILY INJURY TOS IPe. P.-I T HEDULED AU RED AUTOS BODILY INJURY (Per 80016811) N-OWNED AUTOS PROPERTY DAMAGE a (Per aaadent) GA RAGE LIA11W Ilf OTHER THAN GA ACC 0 ANY AUTO AUTO ONLY: ACC a fV EACH OCCURRENCE a EXCESS LIAGKJ A MD MADC AOOf1COATC o I ODOUR CL e a DEDUCTIBLE QCTCNTION 0 NS47A MAAO M wC eTATUR, orH- A WORKERS CO PE F"9LOVFM'LM %frV 22 WBC B06147 03/01/09 03/01/10 e.L.eAC11ACCIDINT e100,000 A G.L.DISCAAC - ZAGMDLOVIC .100 000 E.L. DISEASE - POLICY LIMIT e 5 0 O 0 0 0 07A1lA & SGRA'A1WVWW$MA/AnOevaen.e•ervrrorreravrcwcnvaw.v.1.x..w.r-.-------,-.,,,.__.--...__.__.._ Those usual to the Insureds Operations. CERTIFICATE HOLDER I ADD✓TIDMALNVSURED:IMSURERLETIER: New Hanover County Department of Enviornmental Management Wastech Facility Attn: Teresa Horsboll 3002 Us Highway 421 N. Wilmington, NC 28401 ACORD 26-S (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THC INSURER, ITS AGGNTS OR REPRE49ENTATIVES. aC_G V ACORD CORPORATION 1988 ~Nl"Y 0`1 A01 ~ ^'pp C ~ 2 !i NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU Deputy County Attorney April 16, 2009 Garrett Lawns & More Attn: Chuck Garrett 202 Mohawk Trail Wilmington, NC 28409 RE: New Hanover Contract # 09-0281 Dear Mr. Garrett: SHARON J. HUFFMAN Assistant County Attorney 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, .,Nlangarcet Jc?. Oun.Ea p Margaret Dunlap Administrative Support Specialist Office of the County Attorney Enclosure cc: Becky Breen, Environmental Management 230 Government Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 - Fax: 910-798-7157 www.nhegov.com New Hanover County Contract #6q- ~ ~I Depal To: Risk Manager 0- Grants Coordinator Finance Director County Manager Commission Chairman Clerk to the Board County Attorney From: Le aI Dept. p Date ~ - 3 - (>q Re: _APR 0 3 2009 i LJ w uting Slip APR 14 20 NEW HANOVER GE - 7Db5 to %0 q