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10-0047
New Hanover County Contract #10-0047 NORTH CAROLINA AGREEMENT NEW HANO\/ER COUNTY THIS CONTRACT, made and entered into this 1 4- day of 2009, by and between NEW HANO\/ER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and GREGORY POOLE EQUIPMENT COMPANY, a f-doith a corporation, hereinafter referred to as "Contractor"; W I T N E S S E T H That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows- 1 _ Scope of Services. Contractor shall perform field service work on heavy equipment at the New Hanover County Landfill in accordance to Exhibit "A", attached hereto and incorporated herein- 2. Time of Performance. Contractor shall commence work upon Notice to Proceed and all work shall be completed one (1) year from said execution of said Notice. 3. Pavmant. County hereby agrees to pay to the Contractor for a sum up to One Hundred Sixty Thousand ($160,000.00) [Dollars. Payment is contingent upon a final County inspection and acceptance of work. 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 Page 1 F36 dm 700430 ORIGINAL New Hanover County Contract #10-0047 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. 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. 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, applicable deductibles, self-insured retentions and shall contain the following statement: The insurance covered by this certificate will not be canceled or limits/coverages altered, except after thirty (30) days written notice has been received by County. The Certificate of Insurance, naming New Hanover County as an additional insured, shall be further evidenced by an actual endorsement furnished to the County from the insurer within thirty (30) days of the signing of the contract between the Contractor and the County. 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 Liabilitv. Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance Page 2 of 36 700430 dm New Hanover County Contract #10-0047 coverage. 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. 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, to include coverage for garage liability exposure. 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 labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, in a workmanlike manner, so as to meet the standards of workmanlike quality prevailing in North Carolina at the time of construction, that any and all materials and equipment furnished will be of good quality and new unless otherwise permitted by this contract, and that the work will be of good quality, free from faults and defects and in strict conformance with 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 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 otherwise fails to perform the work Page 3 of 36 700430 dm New Hanover County Contract #10-0047 hereunder to the County's reasonable satisfaction, 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 prior 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 Page 4 of 36 700430 dm New Hanover County Contract #10-0047 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. 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 Page 5 of 36 700430 dm New Hanover County Contract #10-0047 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: Sam Hawes 3002 Highway 421 North Wilmington, North Carolina 28401 To Contractor: Gregory Poole Equipment Co. Attention: Matt 151 Backhoe Road N.E. Leland, North Carolina 28451 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 an above written and by authority duly given. z~ NEW HANOVER COUNTY [SEAL 3 ~Z =<1 rg, County Manager ATTEST: Lk- Clerk to the Board GREGORY POOLE EQUIPMENT CO. [CORPORATE SEAL] . P si ent Page 6 of 36 700430 dm New Hanover County Contract #10-0047 ATTEST: CA-, gyn. Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved to form: A;~- M2A J 0 r- q I J~~ County Finance Director County Attorney NORTH CAROLINA NEW HANOVER COUNTY I, 6 a. VY~ a Notary Public of the State and County aforesaid, c rtify that eila 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. ITNESS m +++hramd,,and official seal, this '4 day of My commission expires: ' h~v comm. Atary P3124!2011 c ' PUBLIC.. NORTH CAROLINA 'y~ 1.~ J yannver r° -NE MtkN&V'Eft wa~\~ COUNTY I, L- gni-IN, 4 i ~ m e 5 a Notary Public of the State and County aforesaid, certify that _ ivAm w-,-+ , came before me this day and acknowledged that (s)he ish,Secretary of GREGORY POOLE EQUIPMENT CO., a -Ple~th-~ re- ee corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name as itsV.President, sealed with its corporate seal and attested by him/herself as its Secretary. WITNESS my hand and official seal, this - 3 day of 2009. 4 My commission expires: Notary Public ' a~- a0 l LYNETTE HOLMES NOTARY PUBLIC WAKE COUNTY, N.C. Page 7 of 36 MY Co m4sbn Exom: 700430 dm New Hanover County Contract #10-0047 EXHIBIT A NEw HANOVER COUNT Y flo gmllt#l CONTRACTOR COMPLIANCE REQUIREMENTS Page 8 of 36 700430 dm New Hanover County Contract #10-0047 TABLE OF CONTENTS Introduction _tatement of Purpose 1,0 General Contractor Guidelines 4 2.0 salt -Training Options 6 3A Standards of Conduct 7 4.0 Hot Work Supplement for Contractors g 5:0 _ Personal ProtWive Equipment _ _ omm 6-0 Hazard Cunications HAZ00M ' 12 7.0 Lockout(Ta ut 13 . 8.0 Electrical Safety Supplement for Contractors _ 14 9.0 Fire Protection/ Ems en Evacuation _ 16 GortiractorA reement Form 1g LPPENDIX A DEM Inspection Forms and Non-Routine Work Perrnlts 19-25 2 Page 9 of 36 700430 dm New Hanover County Contract #10-0047 INTRODUCTION The personaJ safety and hearth 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 mainlain a safety and health program conforming to all applrcaHe OSHA standards and to be a leader in safety program management within our industry. To be suoceasful, it will require cooperation to all safety and heap matters. Only through such operation Can a safety program 4e sstaalished and preserved, The following contractor safety and health rules, when applied properly and used vvhh good common sense will assure smooth workflow, high quality results, and aid In the safety effort. In turn, this will result in reduced possibilities of injury to you, other employees, or the public and, furthermore, will reduce the 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 acdvitie& However, close adherence, to the rules and the desire to apply good sense to all actions will yield the bell possible safety results. It is your responsibility to act so as to provide: a. Safety to yourself b. Safety to your ca-workers c. Protection to the public; and d. Protection to property You are expectad as part of your job, to take an active part in the DEM Safety Program and apply it in your everyday work. 3 Page 10 of 36 700430 dm New Hanover County Contract #10-0047 1.0 GUIDELINES A. All contractors and sub-contractors shall furnish the New Hanover County, Department of Environmental Management with a copy of the following certificates: t WORKERS'_ COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: Covering all of the Contractors employees to be engaged in the work under this contract, providing the required statutory benefits under NC Workers' Compensatlon Law and Employers' Liability Insurance pmv ding limits in the amount of $100,000/500.000/100,00D, : COMMERICIAL GENERAL LIABILITY: Including ooverage 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 axposures. The policy shall provide liathifty limits at least in the amount of $1,W0,000I6ocurrence, combined single limits, applicable to claims due to bodily Injury andVor property damage. Now 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,DW,000loccurrence combined single limits applicable to claims due to bodily injury andfor property damage- B. The contractor agrees to hold DEM harmless in the evern of an accident or injury to one of his employees or damage to his property regardless Df which party may be at fault, G. The cDntractor must have a competent individual in charge at the jab site to supervise the job and conduct an adequate &ccident pnhgntion program. D, At all times when non-routine work is being performed, the contractor must obtain a non-routine work permit. The non-routine permit can be obtained from the shift supervisor, maintenance foremen, maintenance manager, or safety manager. E. All contractor employees must abide by DEM General Safety Hulas and Regulations at all times. F. All accidents must be reported immediately to the Project Manager or Safety Manager. 4 Page 11 of 36 700430 dm New Hanover County Contract #10-0047 G. Contractor employees are not to enter other areas of the }Hatt unless it is required for the performance of their job. H. It Is the responsibility of the contractor to inform management of any known hazardous condition that may exist due to the contract work being done in the areas where departmental employees may be exposed to the known hazards. L It is the responsibility of DEM to hold a pre-construction operation and safety briefing with the oontractor befog any wank fs to boj#n. J. Periodic job site inspections are to be done by a departmental representative to see that the job is proceed Ing safely and according to the agreement. K. Contract personnel are to chuck in and out of the department's premises on a dally basis. L. It is the responsibility of the contractor to review the confined space information supplied by DEM before entering confined spaces to perform work on DEM property and comply with 29 CFR 1910.146. M. It is the responsibility of the contractor to review the lockout/lagout information supplied by DEM before performing work that requires the locking or tagging ctrl of any type of energy source and comply with 29 CFR 1910.147. N. It is the responsibility of the contractor to review the hazard oommunicalion program supplied by DEM befoore performing any work on DEM property and comply with 29 CFR 1910.1200. 0. It is the responsibility of the contractor to provide Material Safety Data Sheets for all containers of hazardous substances brought on DEM property. P. It is the responsibility of the contractor to make sure all his employees comply with the DEM Personal Protective Equipment (PPE) policy at all times. Q_ It is the responsibility of the contractor to make sure all his employees comply with the DEM Hot VV" policy at all times. R. The contractor understands that violating these rules will lead to hislher immediate dismissal. S. The contractor understands that a waiver form must be signed to use any New Hanover County equipment. 5 Page 12 of 36 700430 dm New Hanover County Contract #10-0047 2.0 CONTRACTOR SAFETY TRAINING OPTIONS Option A The job site and comatrucgon procedures used by the contractor and/or contractor employees shall meet OSHA oampliance found at 29 CFR 1910 and 1926 at all times. It 16 the duty of the contractor to submit training records for the following programs that are marked with a (X). Lockout/Tagoul Confined Space Entry Respiratory Protection Hazard Communication IVISDS Submittal (if applicabloy Fire Prevention and Protection (i.e. Fire Extinguishers) Fall Protection Scaffolding Pow+ared Industrial Trucks Ladders Personal Protective Equipment Welding, Cutting & Brazing Electrical Trench ing+Ewcavation _X_ Other(s): Complete Safety Manual Option B In lieu of Submitting valid training records the contractor may present a valid Wilmington Area Contractors Safety Council (WACSC) Gard. The WACSC Contractors class covers job safety and hoalth guidelines that arc necessary to be familiar with before working at DEM. Option C (Department of Corrections Only) Before any inmate or DOC Supervisor may begin work at the Department of Environmental management, they must attend the DEM Safety Orientation. The DEM safety orientation provides valuable information conceming the hazards that may be present at the New Hanover County Landfill and WASTEC_ 6 Page 13 of 36 700430 dm New Hanover County Contract #10-0047 3.0 STANDARDS OF CONDUCT The Department of Environmental Managarnerd has established these Standards of Conduct to ensure the smooth and efficient operations of the Department and your job. Violation of these standards is serious and will subject the employee to disciplinary action including the possibility of immediate discharge. A. Willful damage of any departmental property or the property of other employees. B. Possession, use or distribution of alcohol, narcotics, or illegal drugs on department property, 0. The possession of firearms, ammunition, concealed weapons, or explosives, unless properly authorized. D. Abusive or threatening language, fighting, or interfering with fellow employee(s), supervisoes or manager's job. F. Stealing or attempting to steal from fellow DEM employws) or the department. F. Refusal to perform assigned duties or to obey instructions. G. Sleeping on the jots 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. 7 Page 14 of 36 700430 dm New Hanover County Contract #10-0047 4.0 HOT WORK All contractors must obtain a hot work permlt before beginning any welding, cutting, or brazing work The hot work permit may be obtained by contacting the Maintenancc Manager, Safety Manager, Maintenance Supervisor, or Shift Supervisor. The following checklist must be oompleted 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 S upervlso r, 2. Overhead sprinklers, where provided, are in service and will not be taken out of wrvice 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. Thecantractor 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 ham boon assigned to watch far dangerous sparks in the area, as wel I as the floors above and below. S. The contractor will provide a flash curtain where work is being performed in an area where other employees will be working or passing by. t3 Page 15 of 36 700430 dm New Hanover County Contract #10-0047 5.0 PERSONAL PROTECTIVE EQUIPMENT (PPE) Personal Protective Equipment (PPE) will be required and must be used in all areas where the job or operatfon performed or the locatlon le a hazard to the health and safely 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 firs[ obtaining the proper proteclive equipment, Head Protection 1. Head Protection shall be wom: 4 In the plant 4 Outside the plant 2. Department fssucd hard hats arc 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 wom with the brim positioned to the front. The wearing of baseball caps under the hard hat invalidates the fntegriity of the suspension and shalt not be warn. (Note! Maintenance personnel who use a grinding or cutting/welding shield may wear their hat backyards 0 the suspension is adjusted acoordingly). 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. S. Only approved Departmerrt decals and the emptoyoe'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 materlal. No other method is allowed or acceptabre. 8_ All head protection shall meet ANSI 289.1 approval. Eyre Protection 1. Departmental eye protection consists of safety glasses, goggles, and face shields. 9 Page 16 of 36 700430 dm New Hanover County Contract #10-0047 2_ All protective eyew9ar wall meet ANSI Z87.1 -1994. 3. Eye protection will be wpm in the following areas- a All WASTEC facildiesr except for the control room, rest rooms, and offices. • When working on the NHC Landfill. 4. A pair of goggles with a faceshield or a combinatlon goggle-faceshield shall be worn when doing the following jobs: • Handling chemicals ♦ Servicing storage batteries • Grinding • Chipping ♦ Drilling + Chiseling • Soldering t Breaking concrute 8. Any employee whose eyes may be exposed to electric arc whits assisting a welder shall wear eye protection equivalent to that of the welder, Foot ProteCtipn 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 stool-toed work boots or shoes, Respiratory Protection 1. Disposable DustrMisl masks are available for voluntary use. 2. No employee shall don a negative or positive pressure, respirator without being property trained, fit tested, and have a current medical evaluation on file (try assignment only). 3. All assigned respirators shall be clean and maintained monthly. 4. Rater lo the following respiratory protection assesment for information concerning when; contractor's may be required to wear respiratory protection. Hand Protection 10 Page 17 of 36 700430 dm New Hanover County Contract #10-0047 1. Appropriate hand protection shall be worn when employee's hands are exposed to hazards such as skin absorption of harmful subsiances, severe cuts or lacerations, punctures, chemlear burgs, tharmar bums, and harmful temperature extrurnes. Ear Protection 1. Hearing prolection will be required and used by any employee who Is performing work in any hearing protectlon required area of the plant. These areas havo been identified and a mark as such, HEARING PROTECTION REQUIRED. Fall Protection 1. Fall protection is required for work performed at heights six (6) feet of greater. At no time will an employee be exposed to the potential of a fall execoding sloe feet without required fall protection. 2. Full body harnesses and shock absorbent lanyards meeting OSHA standards shall be used by employees. Safety belts and regular lanyards are not acceptable. 3. Appropriate work platforms with standard guardrails or the use of an Interior and exterior safety nets which remove ouch fall exposures shall be considered adequate substhtfts. 4. Full body harnesses and shack absorbent lanyards are to be Inspected by a DEht representative prior to any work beginning. A sample Dopy of this inspection form can be found in Appendix A. 11 Page 18 of 36 700430 dm New Hanover County Contract #10-0047 6.0 HAZARD COMMUNICATION PROGRAM (HAZCOM) Like many industries, the Department of Environmental Management Is subject to the Hazard Commination Standard, found at 29 GFR 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 acoording to the requirements of the standard. DEM vorl maize available to all contractors our written program, chcrnicsal inventory list, and material safety data sheets, Contractors must train their employees oonceming the standard and inform these employees of the following when they are performing work on DEM property. + How to read and understand a MSDS. Where the DEAR VISDS book is kapt_ + There chemicals are stored. What chemicals are located in the area they are working? • Apprise them of any dangers to them or other employees. NOTE. !f a conbwctur is bringing any cla9rrri'cafs an sits they must suppty dw DEM Spey Dlmcrtor wfntr Lyre WIkable itMSi S. 12 Page 19 of 36 700430 dm New Hanover County Contract #10-0047 6.0 HAZARD COMMUNICATION PROGRAM (HAZCOM) Like many industries, the Department of Envfronmental Management Is sub]ect to the Hazard Commination Standard, found at 29 CFR 1910.1200, therefore, all contractors and contract employees most comp{y 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 acoording to the raquinaments of the standard. DEM vArl make available to all contractors our wrltten program, chornrcai inventory list, and material safety data sheets. Contractors must train their employees oonoeming the standard) and inform these employees of the following when they are performing work on DEM property. ♦ Howio read and understand a MSDS. Where the DEAR MSDS book is kept. + Where chemicals are stored. • What chemlcals are located in the area they are working? ♦ Apprise them of any dangers to them or other employees. NOTE: !f a con&acW is bringing any chonikais an6sitp they must supply tine DEM S&&W Dirm"wf& tyre aMIkable MSDS. 12 Page 20 of 36 700430 dm New Hanover County Contract #10-0047 7.0 LOCKOUTITAGOUT DEM has a written lockoutftagout 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 energizatlon, 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 locMutlt tout program. Before performing any work on DEM property, oontractom and contract employees must: ♦ Provide the DEM Safety Manager with valid training records (within the last 12 months) or a valid WACSC card, + Have all trained contract employees who will be involvod in the job familiarize themselves with the DEM lockoutftagout procedures (OEM pre-Oonstruction meeting). e Ensure that all trained contract employees have the necessary approved IockouGtagaut devices, Each of the contractors employees must have their awn lockout locks. These locks roust be clearly marked wfth the employee's name. 13 Page 21 of 36 700430 dm New Hanover County Contract #10-0047 8.0 ELECTRICAL SAFETY-RELATED WORK PRACTICES Safety-related work practices covered by the electrical safety program include persons working on, near or with the following installations: 4 Premises wiring: Installations of electric conductors and equipment within or on building or other structures, and on otherpremises such as yards, parking, and other lots, and industrial substations. + Wiring fbr connection to supply: Installation of aonduCtors on the premises, 4 Other wiring: rnstallation of other outside conductors on the premises. Contractors must provide minimum training to qualified contract employees who are permitted to work on or near exposed parts and be familiar with the following: • The skills and techniques necessary to distinguish exposed live parts from otherpansof the electric equipment. * The skills and technique's necessary to determine the nominal voltage of exposed live parts. ♦ The dearance distance specked for working on or near energized parts and the corresponding voltages to which the quallfled contractor employee will be exposed. Qualifled contract employees whose work on anergized 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. t Insulating and shielding materials, and insulated toots. Unqualified eontraot employee whose work may place them in an area where electrical work is being performed must be advised of the following: 14 Page 22 of 36 700430 dm New Hanover County Contract #10-0047 Where the work is boing performed, s The type of work being performed. # How to distinguish lockautftagout devicus. # What the hazards are and how to avoid them _ ♦ Any personal protective equipment they rpay be required to wear. DEM will require a copy of the contractors, electrical safaty-related work practices program before we will allow a contractor to perform any work on our property. The contracto r must do the following: # Follow the loekoutltagout standard while performing any electrical work on DEM property. 4 Provide training records or valid WACSC card for qualified and unqualified oontract employees ff requested, # Provide contract employees with the proper insulated equipment to perform the assigned task. # Provide the contract employees with the proper personal protecove oq uipment. # Perform work in such a manner so as to not expose OEM employees to any hazard. * If the contractor and OEM employees are worldng on the same project ooordinate wEth 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 Croas)_ 15 Page 23 of 36 700430 dm New Hanover County Contract #10-0047 SECTION 9.0 FIRE PROTECTIONIEMERGENCY EVACUATION 1. The emergency alalmrannouncement method shall be: t Fire Alarm # Sprinkler System t Paging System # Voice Command 2. Upon discovery of a miner fire (incipient stage or a fire which can be, contained by a portable fire extinguisher): 4 Pull the fire alarm. • Report the Are to your supervisor. • Alert others in the immediate area. t Use the nearest portabre firm extinguisher, if sate to do so and you have been trained. 3. Upon discovery of a major fire: # Pull the fire alarm. # Report the the 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 value. 5. Never leave open containers of flammable or combustible liquids, oily and/or greasy rags in the Plant, is Page 24 of 36 700430 dm New Hanover County Contract #10-0047 6. Flammable or combustible rlquids shall be stored In appropriate closed containers or tanks. All oontainers of flammable or oombustible liqufds are to be properly labeled to indicate their contents. 7. As soon as fire extingulshars 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 gaols 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 fine extinguishers are to be inspected at least on a monthly basis, records kept, and faulty or misaing equipment replaced as soon as possible. 17 Page 25 of 36 700430 dm New Hanover County Contract #10-0047 CONTRACTOR AGREEMENT TO OOWLY I, C. IVA WWw a representative of (vx-cv.M Lm y-'~-~ _do hereby acknowledge that my company has received a copy of the guidelines governing contract work being performed on Now Hanover County, Department of Environmental management property. It is agreed that as part of the contract my company and Its employees will comply with ihese guldellnes and all the written programs with apply to the work being performed. Signed: &--1 Contra for Date: 513l"l 16 Page 26 of 36 700430 dm New Hanover County Contract #10-0047 APPENDIX A CONTRACTOR INSPECTION FORMS AND NON-ROUTINE WORK PERMITS AND WAIVER FORMS 19 Page 27 of 36 700430 dm New Hanover County Contract #10-0047 BODY HARNESS INSPECTION CHECKLIST IraS1le~:led By: Dzle_ Instructions; 1. All parts of safety belt and attxh room are to be irspeded for wear and daviage. $ ~ v 2. This -4 Sym hol is for YES ur OK. ° This x 5ymbol is far NO or F1EPI.AGE. g J Y 9. TL, be inepecbed prior to any xvork beginning and 9 o natrmad in to DEM Safely ONioa. r o4j U a Employee Eledge Number Mig.'s Serial Name Number 20 Page 28 of 36 700430 dm New Hanover County Contract #10-0047 SCAFFOLD PERMIT Project N6VA: Fleor. Sullding Number; Room Number: Cartmclor. Scaffold Type: Date of Procedu re: Time of Procedure: Sale BeNS Nesded7 Y. N. Names of Scaffold Erecto s Name Qom an Name Company li Scissors of MI-Lift. Name of Oporalor Cornmenis: In d B Corn nt Psnor+: :.imMMl-r'mgn TIlWIn4 lam ~t ~~n1 MM WcAncm COWMACMA: DATE OF PRODEL~URE: I I IME OF PROCEDURE: NAME OF COMPETENT PERSON: DATE REMOVED: 21 Page 29 of 36 700430 dm New Hanover County Contract #10-0047 EXCAVATION/TRENCHING PERMIT Protect Ntarrre; Inati a y_ Trwnching Area: Tiber Date of Procedure: Time Df Procedure: Contractor Suparviaor: ' Company Name: Purpose of ExcayatloalTrenchIng Operation (Drainaga, atr.): Classl5cauan bf &N I 8drtl Rode. T A. TVP9 5. TWO C pr•DLe ctive -tem - {Ynt•ellF:, Waotl.dT.wq. Skot¢ Y~.ir.3KMy 01•w• Trenching Excavat& Depth Width M wSursrnants: Not Yes Na -Required Is a ladder provided inside the trench/excavation? Is excavate material star It or more from e due of trenclVew avatlon? Are employees exposed to v+ehlculartratfic? I. YES reflective lesU are requireO Are underground utilities and ather stwures protected? (Walar, Gas, Sewer, Telephone, Electric:, etc. Is share a potential for haw Wous atmosphere to exist? Oxygen deficiency -19.5 or lass f Flammable Urnil - 20% ut L. E. L Jf YE Refer iD DEM Safe Menusl - Confined Space En Are employees tralned In the recognlllon and voldanee of urz;ale conditions associated with trenchin rexcavatin activities? Commence,+PrWaVftnr,: DEM Signature Date 'C elolPrawa nuafOY9 DY$r~erer~fders?oa. 22 Page 30 of 36 700430 drn New Hanover County Contract #10-0047 SAFETY SURVEY AREA OF PROCEDURE: QAFB OF CiM-M: Urmh Ic~+C:xripp,x oem-W Oumg Sunray MUM T~kentDele letl { ommems: 23 Page 31 of 36 700430 dm New Hanover County Contract #10-0047 SAFFFY TRAINING LOG DATEOR AN~YINC: : $UB.IFGTTAg1AiEp; Name Date Name Date 1 26 2 27 3 _ 28 4_ 1 29 5 30 6 31 7 32 6 33 9 34 10 35 11 38 12 37 13 38 14 38 15 40 1B 41 17 _ 42 18 43 18 20 45 21 , 46 22 47 23 Q 24 49 25 50 Cwdrsmor Tminerl_ Comments: 24 Page 32 of 36 700430 dm New Hanover County Contract #10-0047 _ _ HOT WORK PERMIT INSTRU ONS 1. ManagedSupBrviror. A. Verify precautions Ucted below, N. Complete and Retain PART 1. C. leaue PA19T 2 to the person doing tho work. PART 1 Location; WASTEC i LANDFILL I Permit RECYCLING Date: C■es Welder, Are Welder, or Cutting Torch Building Location. Fluor: Nature of Job: Welder's Name: The above toaaUdn bas beery examktod_ Thhs pmmufians checked on bottom of this page have been taken to prevent fire. Pem)issian has been granted for this work. PERMIT EXPIRES: Date: Time: AWPM Signed (Supervisor): Precautions within 35 feet of work ❑ Floors savpi clam of all a mhualibleg Li Flemrnahle, Squids removed: other eomdusuele% d riot regnoved, protcted w th if-G-emietirt tarpaWirrs or metal shiem ExplOSive aVriU$VhVM if: wvavirninated "1 AN Warr and 11009 9peningS covered 71 Cambuatlblea Mwcd awoY -1 Enclosed equipment CloBnad of all oombustihles -1 C:ontatrArs p,rgad of lielMmpt}Ig liquids -1 Fire wagCh will be provided during viol mork activitiac Pere watch Is supplied with suilpGke c%Mv rashr:rzi, or small charged hose r roes wetnh la treintO irr the use of this cqupmenr and in sounding alarm r- It welding In the crane nay 09c8; • Has It teen wet dcwn7 Has the Atmn.%V&- r. t*cn testod •or myg n and rlammehilityWeak? n If wading In the bNeketor We AG, or Ma off the ground, is fall rMaction used? n Has tha area beerb uarriCwjeU u' r? ra Is proper PPE being worn by the person(s) performing hot work? 25 Page 33 of 36 700430 dm New Hanover County Contract #10-0047 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT CONFINED SPACE ENRTY PERMIT SYSTEM Entry uste: Tim: Person Cwnploling Pormil:_--. _ Location of work to be parlmned: Reason inr entering comined "a;_ t a~n~octsd? HWWW as VaIVIL m r 91 a sarcbs b.6n Wolwonv s ow? u u Hawn a , ana eNTRY P Own lrsiow? D 11 G Is WM ap~p~wa ntme:ary an ohraia arn+PbCle anln? ❑ IS Colon APLOMMy wid ndd~r IIX Aso bp"ween aftrWK arxi ent Has adn~cdc II d b a eu Ike b allorN ~ ash woA., ues dlo+r a kk oni~ in an moo ~,rc 7 G G u 1 i~p,kw~radcd ~ D . Is Ileconeaed annepre~ vAlh eyuQmarrr, such as handrails, aecda0lor We Inpssca aid samm - h eA~{adla7 _ 1 U~ypc7 camrslls Hal Sad Pr~k does aakn pmum geic ire A eM r 1"001*01c; WNW Larlc W _~alOanlWlOroxide O rtla O Gorrdsua~lrf'pee+MIDIeG u i nt D n - _ K ma Flu"s _ a Naxa'tle ~raHBfMJd1 Noisr.Haxsrd6 meth Maw !fn U .0 _ _ plrpllltl Even D Ha IJ dfrar Y NU M'ai0 X4= #Cantd) YAW JQQIWI _ } Jr- Ylai~cs C!.S.d Rpm • Tmm on Shn • 1 o r. ial/nacta 7 3 W-5614 hiR . 11153 1 13 Wyk nil EQUWWN7 CAU T7 Twos SIN D.p Calalrcla0 _ ATMOSWIE IC T STIIN11 Dam crl eL RLTEL-u0 PPM H,$ tL =10 W .A 5- ?Join: TsLsr. 1. Al the,. adthascac+e 2./ltalecentarortraspecb. 2Atftbcnarsof,haa ~ ors - ~RE-EN Y BRIEFING (To be compleledlroratll,Caailnea Spews} Cie b atl 4et17 _ O YES 1 7 -,lU,t Niles all emm Mom t ? D Y=. Hoes !ha h^ althc work barn Ire Y' H !rn oroanm~t 6o~b maslahishaisrad alnwd* 7 YES Ma61M mear><ot oar iicy reclxx>detrux r,e hrerr r--; la:iishao and ewlNnaa? 7 28 Page 34 of 36 700430 dm New Hanover County Contract #10-0047 AGREEMENT FOR LSE OF fiTW KANOVER COUMV EQUlF'UMLS-f This A nameel oust be rwd ee OAly and skped by tM radmigped prior to entning, and in ors Wdaminn of being permitted to wo mYy equipmad mvoad by Vew tl,utovelay0iltuy0= d=flw'eawtay Equipment") 6addrttoudd The WAh39• C L?se ILY. hLACM OF THE WDERMC.MM, foe hineadUt awlf and any entity Cr re mn bwihv "ptosmth wbelber as in onplupsr, apwl, cn*+m#, owriw or ctbawiK and hiAwfm pawmel apmesaaaKvm, belts. and snooeaeicta io Worout, sxpDesaly w3uw vladVe, xgrcmwsuTam&md rgpwolodw; I • liefft +dI3, prior to 1he uve cif smy Nunry apuipree . impett lido eyuifellvoL. fifs.'her lei' of mid agi#axmt, if my, cm adam Ae ndwwhedmlad that WAv bus so iospcctod mcb Wwprocat and that hdit hoar and aeagm the ®e m being wh smd nawcebl}' mftood far the purpaua of h6bcr use and iba uea of &c equip anA iecluding %tWokas. If, at any dox, hch k it using wurrty cgWpocat aW hwAc fads anything w be UnzwkWAM will ieuooediiak OWN wi4 140 squipm4w snd will Inoa+e "Illy advise L: t SppliowEle employVVPMaorasel 0fFL6Qh Fcoeived wtaare ShW Va Sod will not UGC flee aqup®ent vofiL ft muse far crmccm ba base adders ak 2. ReAt IIERBY RELMSEL% WAIVES AND DYSICHAH(fE.4 ANY CULM AGAINST. AND COVENANTS NOT TO SM fa} Now HaamarCMMLy and aid its daecoaea, af5cesv, eEwtk a mploym, and aif &kd notifies wd pmome (eollecth* reLmed to he ran as doe "Raltammm' j, from and The any and sll hiabuGry, hare at due age, uMl any claim or dsmards 1Aete6ron 4=m of ivytlry to the undlerslpaed, auy gn*y w pmm hehhe repraieorb and hin wAftpawnial. repaseenlad 9, Lira, sad aimmmum m iatsaeat or to my property or W mn m blang tftmg bought by w as khol d tk under>djmd, or any ermdy m person Mhhe ropmeaams, in ooojawdaa,Riths Are uAc of Co mw seAr ettl, whttlher such liability, Jody w damn 4 =&aW by alas wioh, urtlJos~6 dtVA:laeegOe.Or fiNS9 unyllitwnrx of tFa Rta>sr~wnse~ Or ulhe•rwi~. 3. Hodabc MPMY ACTREES TO DMEMIFY AND SAVE AND HOLD HARMI St3, AiID REIM BURM, THE RELEASEFS and 4ads of &Am Isom and fee nor loss, liabdAy. dwis4e, or Cod (Iftludimj rapa~iohlr attorneys' fins) trod toe Rdowu ray facer due to = by the wsdors4ped, or a M parsmr. pr pcq. or Living fl: bma& bT or an betoelf of tba wt6etdgaed. or my amity or parson hereby xaprr,wts, of Cmmry egwpnxny lndudbsg. for c>mmrlu. Canape ID Iha aluhpm" or L%ilities noire Rklawo wW 11ww 4 uf4raaup fur say lobriumi evils, wbat6eraasuavd by the a;tkw or imedoms, including wglipue and jays ocg%emw4 of army ot the Rclcu=oroflLm sim 4. Hkt,'idw: mp moa=wY by 66 or ha use of s6aid equipnw d the he co she has ublainaa the ttt xmry Qnd nppnaprimk bvirumg and is cspDble of vsbb snid egwipmeat m a safe marmcr_ 1 27 Page 35 of 36 700430 dm New Hanover County Contract #10-0047 S. Heithe HEREBY ASSUMES FLU RESP"[BIUTY IFOR. AND ME& OF 130011.YIKAMY, ATIATH, PROPF,RTYDAMAO& INCLUDING VEYBaE DAMAGE oR FAILURE, TO, haaseli!betsd(and ww mddm dr pcaoos hdshe represeotamu[tiog rmm t6ra::tiuaa or inactiDms, ioDlud'otgne6ligmcead 6'~ nooll*vkv. of my of thr Rel-mm m whrrwius in coca uxuAitm wilh Iddlhw =or CaautpcquipenmL InsWUgthe&have,cut*fftwdmigned.knyy<xprt%!Oy advowlangw the badilf injuries xcdKvd or damp to pmoperty m veUxLea mey be compomlud ciku ad by r4igedtteseweoperAaeisarpmodurcs o ck RcImma & Halle crpseaaly sclmowledgm am ageom lbo the fhmp ng retra9c, Nwivrr and mderaaity paavisisas etn in ed to be m brood sod isiduave by is pervateod by 4w of the atyQa ip which the wAKW4% incWisg bets, classes epd devoop b aija sr am coactwwd, and that if my pordcn efthis A._pc= a is held ie v64 it is sgned M fir bakmee of the Agreement sell. aotvritheeeodutg. cuatinw is full 1ej1 fasoer and effuL THE UNDERSION10 HAS READ AND VOI.U)NTARILY SIGNS THIS CO X•9LLNIr R Vr Ft*kR. WAIVER Ul' LIABIU1Y AND WDE.'l NrrY AURMWEN T, ANI} PLIR71MA AGREES '!'HAT 140 ORAL. RTPMENTATIONS, STATT•MENFS OR TNIXKAAfFM. APART FROM TAR FOREGOTNO WRMIFN ACrRFPVFNT' HAVE BEEN KADIK Thu Ag eamentAW1 Dan&wc iD prapcdtiry. (If sny of the hmde9gncd is under the age of cSghtoen (14 a pa ut or Iap1 gusuO8o of uuuh uudwsigoed mast dse zip dda Agxnmcm. sod in so igtmtg exes»s this Agt ncu rot bimselrerd such lainw.) SIGTYATURE PRIrno KANE Date` 2 28 Page 36 of 36 700430 dm DATE ACOR CERTIFICATE OF PROPERTY INSURANCE Page 1 of 2 F06/29/2009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie of Tennessee, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 COMPANIES AFFORDING COVERAGE Nashville, TN 37230-5191 COMPANY A Federal Insurance company 20281-000 INSURED COMPANY Gregory Poole Equipment Co. B P. O. Box 469 Raleigh, NC 27602-0469 COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT 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 HEREWN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION TR TYPEOFINSURANCE POLICY NUMBER DATE(4WDDNY) DATE(MWDD/YY) C&EREDPROPERTY LIMITS PROPERTY BUILDING $ CAUSES OF LOSS PERSONALPROPERTY $ BASIC BUSINESS INCOME $ BROAD EXTRA EXPENSE $ SPECIAL BLANKET BUILDING $ EARTHQUAKE BLANKET PERS PROP $ FLOOD BLANKET BLDG & PP $ A INLANDMARINE 6638222 1/1/2009 1/1/2010 X PerLocPerOcc $ 45,000,000. TYPE OF POLICY Any One Item $ 2,500,000. Inventory Protection P1 n X Leased Prop $ 10,000,000. CAUSESOFLOSS X Conveyance $ 2,500,000. NAMEDPERILS X Earthquake $ 10,000,000. X OTHER X Flood $ 10,000,000. CRIME $ TYPE OF POLICY $ $ BOILER & MACHINERY $ OTHER LOCATION OF PREMISES/DESCRIPTION OF PROPERTY SPECIAL CONDITIONS/OTHER COVERAGES Flood: as respects Zone A&V in the annual aggregate: $1,000,000 Deductibles: Flood or Earthquake: Deductible $25,000 per occurrence. Named Windstorms located in Tier 1 Wind States: Deductible: 100,000 Zone B Flood Deductible: $100,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY New Hanover County OF A Y KIND UPON T COMPANY, ITS AGENTS OR REPRESENTATIVES. 320 Chestnut Street A ED REPRESENTA Wilmington, NC 28401 ACORD 24 (1/95) Coll:2740521 Tp1:879286 Cert: 701701 ©ACORDCORPORATION1995 ACORDM CERTIFICATE OF PROPERTY INSURANCE Page 2 of 2 06/29DATE /2009 PRODUCER 877_945_7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Tennessee, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 COMPANIES AFFORDING COVERAGE Nashville, TN 37230-5191 COMPANY A Federal insurance company 20281-000 INSURED COMPANY Gregory Poole Equipment Co. B P. O. Box 469 Raleigh, NC 27602-0469 COMPANY C COMPANY D Special Conditions/Other Coverages Zone A&V Flood Deductible: $250,000 Earthquake with a Mercali rating location higher than 7.0 Deductible $100,000 ACORD 24 (1/95) 0 ACORD CORPORATION 1996 ACORD CERTIFICATE OF LIABILITY IN_ S_URANCE DATE'MM'DD"YYY' 03/31!2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 600 RENAISSANCE CENTER, SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DETROIT, MI 48243 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Attn: RAFFLES FAX (313) 393-6950 26067 -00031-RAF-09-10 1-1 INSURERS AFFORDING COVERAGE NAIC # INSURED Gregory Poole Equipment Co. INSURER A. American Zurich Insurance Company 40142 4807 Beryl Road INSURER B: Zurich American Insurance Company 16535 RALEIGH, NC 27606 INSURER c: N/A N/A INSURER D: N/A I N/A INSURER E: N/A N/A 1 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 L_ CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !INSRIA SD POLICY EFFECTIVE IPOLICY EXPIRATION LTR NSRQ TYPE OF INSURANCE POLICY NUMBER I DATE (MM/DDNY) j DATE (MMIDDNY) LIMITS ! GENERAL LIABILITY EACH OCCURRENCE 1 00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 500,00 B GLO6510485 04/01/09 04/01/10 PREMISES Eaoccurence CLAIMS MADE X I OCCUR MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1 ,000,00 I I i- j GENERAL AGGREGATE $ 2,000,00 GENERAL AGGREGATPRLIOMIT APPLIES PER PROS DUCTS - COMP/OP AG $ 2,000,OOQ POLICY X JECT X LOC`H'.. I AUTOMOBILE LIABILITY Ea BINEDSINGLE LIMIT $ 1,000,00 X ANY AUTO BAP6510484 04!01/09 04/01/10 ( accident) B ALL OWNED AUTOS BODILY INJURY $ I SCHEDULEDAUTOS I (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS I (Per accident) PROPERTY DAMAGE (Per accident) $ I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ _ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ I OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE Is _ $ RETENTION $ WORKERS COMPENSATION AND X WC STATU- FIR EMPLOYERS' LIABILITY WC6510463 $ 100000 A 04/01/09 04/01/10 L. EACH ACCIDENT ANY OFFICERIMEM ER EXCLUDED? PROPRIETOR/PARTNERIEXECUTIVE L. DISEASE - EA EMPLOYE $ 1,000,00 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1 ,000,00 j OTHER i i DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 1 New Hanover County IS NAMED AS ADDITIONAL INSURED FOR GENERAL LIABILITY ONLY, BUT ONLY AS RESPECTS LIABILITY ARISING FROM THE OPERATIONS OF THE INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CHI-002173951-16 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I NEW HANOVER COUNTY LANDFILL EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ATTN: DAN AHLERS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 5210 Hwy 421 N WILMINGTON, NC 28401 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. r6u,'Aars ORIgW REPRESENTATIVE h USA Inc. hn C Hurley ACORD 25 (2001108) 0 ACORD CORPORATION 1988 f Gq y~ Q :y ~?an e NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P. BURPEAU SHARON J. HUFFMAN Deputy County Attorney Assistant County Attorney September 16, 2009 Gregory Poole Equipment Co. Attn: Matt 151 Backhoe Road N. E. Leland, NC 28451 RE: New Hanover Contract # 10-0047 Dear Sir: 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, ,11 a cet J?..`17cuzf a p Margaret R. Dunlap Administrative Support Specialist Office of the County Attorney Enclosure 230 Government Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 - Fax: 910-798-7157 www.nhcgov.com t CI New Uhnover County Routing S p Contract # Department Acct. # Initials Date To: Risk Manager Grants Coordinator Finance Director ? s°' ~County Manager, Commission Chairman Clerk to the Board County Attorney N' From: Legal Dept. Date Re: Contract for/Dept-~--r~