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09-0166 I ~ New Hanover County Contract # 09-0166 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY ... \ THIS ~~V CONTRACT, made and entered into this~ day of , 2008, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and MCKIM & CREED, a North Carolina corporation, hereinafter referred to as "Engineer"; WITNESSETH: That the Engineer, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Scope of Services. Engineer shall provide professional engineering, surveying and planning for a vegetation maintenance project at the New Hanover County Landfill consisting of a preliminary vegetation establishment phase (phase1) and a more detailed longer-term monitoring and reporting phase (phase 2) in accordance to Exhibit "A" and Contract Compliance Requirements, Exhibit "B" attached hereto and incorporated herein. 2. Time of Performance. Engineer shall commence work upon Notice to Proceed and all work shall be completed within two (2) years from said Notice. 3. Pavment. County hereby agrees to pay to the Engineer for the total cost of this contract, a sum not to exceed Ten Thousand ($10,000.00) Dollars. 4. Extra Work. County and Engineer 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. Indemnitv. Engineer 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 contract or personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Engineer hereunder, resulting from the negligence of or the willful act or omission of Engineer, his agents, employees and subcontractors. Page I of6 ORIGINAL md New Hanover County Contract # 09-0166 6. Insurance. Engineer 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, Engineer shall furnish County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement: The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by County. The Certificate of Insurance, naming New Hanover County as an additional insured, shall be further evidenced by an actual endorsement furnished to the County from the insurer within thirty (30) days of the signing of the contract between the Engineer and the County. 8. Workers Compensation and Emplovers Liabilitv Insurance. Covering all of the Engineer'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 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 Liabilitv 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. Page 2 of6 md New Hanover County Contract # 09-0166 11. Professional Liabilitv Insurance. The Engineer will be required to take out and maintain Professional Liability Insurance providing liability insurance limits at least in the amount of $1,000,000. The Engineer will be required to maintain this coverage for a period of at least two (2) years beyond substantial completion of the contract. 12. Independent Contractor. It is mutually agreed that Engineer is an independent engineer and not an agent of the County, and as such the Engineer 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. 13. Warrantv. The Engineer 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 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. Engineer 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 Engineer's failure to perform under this Agreement. 14. Default and Termination. If Engineer fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Engineer breaches any of the terms or conditions contained in this contract and fails to cure said breach within ten (10) days of County's mailing of Notice of Default, or otherwise fails to perform the work hereunder to the County's reasonable satisfaction, County may terminate this contract forthwith. 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 Engineer. County may enter into another contract for the completion of the contract, or use such other methods as may be required for Page 3 of6 md New Hanover County Contract # 09-0166 the completion of the contract. County may deduct all costs of completing the contract from any monies due or which may become due to Engineer. In the event this project is terminated prior to completion of the services by the Engineer, the Engineer shall be paid for services performed to the date of termination. In no event will the amount due Engineer 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 Engineer, including claims for damages. 15. Termination of Convenience. County may terminate this Contract for convenience at any time and without cause. Upon receipt of notice, Engineer shall immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Contract. 16. Non-waiver of Riahts. It is agreed that either party'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. Entire Aareement. This agreement constitutes the entire understanding of the parties. 19. Bindina Effect. This contract shall be binding upon the parties hereto, and their heirs, successors, executors, administrators and assigns. 20. Further Actions. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of this contract. 21. Inclusive Terms. Use of the masculine herein shall include the feminine and neuter, and the singular shall include the plural. Page 4 of6 md New Hanover County Contract # 09-0166 22. Governina Law. All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. 23. 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 Environmental Management Attention: Sam Hawes, Environmental Management 3002 US Highway, 421 North Wilmington, North Carolina 28401 To Engineer: McKim & Creed, PA Attn: A. R. Rubin Venture IV Building 1730 Varsity Drive Raleigh, NC 27606 24. Assianabilitv. 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. 25. 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, ,? .' '(J \~ 7'-1l1L1SII\.O A TTES : 'S\\I~'- \ - ~~IM Clerk to the Board County Manager Page 5 of6 md New Hanover County Contract # 09-0166 MCKIM & CREED, PA [CORPORATE SEAL] President ATTEST: ~/~ //~ This instrument has been pre- audited in the manner required by the Local Government Budget a Fiscal Contro! Act. g ~ ~ '-------" County Attorney NORTH CAROLINA NEW HANOVER COUNTY /) I, 'fc ' h a. lJ If , a Notary Public of the State and County aforesaid, rtify th heila 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, J {V WITTNESS I)JlI," '''''Oiilfld and N~ e-rnb~ ,"\\\:J..nli\B3 Illlff - ...." !q\~ .C';;"....... f _,~"",',',........,,', o"%, "., 2 *'....NOTARY.... <:' ~ My commission expire~: / My Comm, \ ~ = c..~1f('5 : ~ 3/2412011 = N~~7 CAROLINA \. ;'."tUBLI<-:",','''' / NMfimoVCR cou~i;~ ";~~~~~;'~Q~~,,...'" III{/lIlIlllIlIlI\\\\\ . I, Q()(rt'" /','-0 ~ 'Y!:7~(t ' a Notary Public in and for the State and County afore~, rtify that f( " ,...., "j , personally came before me this day and ackVSwledged that he is President of MCKIM & CREED, PA, and that by authority dul~.a~Vlm and as the act of the corporation, the foregoing instrument was signed in its name by .~&~Si9,e~~'"" .' <. ''v' i?/ '1. !J L i ~" (/ iIP Ill) / l~ "o1A'WF !fTIY hand and official seal, this of, day of f kA..../ ,2008. 1" ... "'j ~j.> I il/,.L ; i, / ry blic \ omml. Qfr.~pires: If/II., ho/:0 "I' ".- I """ C CQUi"\ ~",.., Q'iS'I1...",et md d official seal, this CJ - day of ~~*ff~ {jT~ Page 6 of6 OCT. 9.2008 4:48PM WALKER TAYLOR AGENCY 910 5099006 NO. 0142 P. 2 ACORD... CERTIFICATE OF LIABILITY INSURANCE 1 D^Te(MM/DD~ 10/g/200B PIlOllU"",,, (910}509-9000 FAX: (1l10) 509-9006 mls CERTIFICATE IS ISSUED AS A MATTER OF lNFOFl.MA.T10N ONLY AIIO CONFERS NO RIGHTS UPON THt; CERTIFICATE Walker Taylor AgenClf" , Inc. HOLOI;R. mls CERTIFICATE DOt;S NOT AMt;ND, ElITENl) OR 1430 Commonwea1~ Dr~vQ '302 ALTER mE COVERAGE AFFORDED BY mE POLICIES BELOw. W;l,lm.1nnton NC 28403 INSUR~S AFFORDING COVERAGE NAIC~ IN..... t<'URe.kHartford Ca~uaJ.tv 29424 Moltlm , Creed, PA INSURER.~ Twin C:L tv Fire Insurance 29459 243 North Front St>:eet ~S1JRER.C: INSVRERD: Wilm.1ngton NC 28401 "SURER E: THE POUClES OF INSUIWICE L1STllD BElOW HAVE BEEN IS$Ueo TO THS INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVllTHSTANDJNG ANY REQUIREMENTC TERM OR CONOmON OF AN( CONTRACT OR D1HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE 1N5U"^,!~~!,?~~ BY lliE POLICIES DESCRIBED ~~.~.IS SUBJECT TO AU. THS TERMS. EXCLUSIONS AND coNOmONS OF SUCH POLICIES' I EN Y . .... AD TYPIi OF INSURANCG POLfC"I' NUMB~ POLli'(~ 'kW,WJF~ L1Y111 DATE MID ~UAIIlUTY mTORENTED . :1..000,000 X COMMI!A.ClAI. GENEFW..lIA8lUTY . 300,000 A I C\MI8 MADe lliJ OCCUR 22 1l\lIf n9447 5/15/2009 5/15/2009 UI:r'EXP'AI cno-I S 10,000 - .'"VN'~ S 1,000.000 - GEN!;:ai. S ::!,OOO, 000 ~~AGG~@lNfT n~.... _,"""""lI"IpAr:.r. S 2 000 000 I....._XP. LOC ~~OBlIZ.UA8lUTY COMBINW :SINGr.&! UMrr . 11000,000 .!. ""'AUTO (Isi;acckjel'() S - ALL OWNI!D Al1T08 221mW<0684 5/15/2009 5/15/2009 DODtLY ItWRY (Porper1lGnl . - $~UL.EDAUT06 ~ "1flEll Hm>s BQ01L Y INJ\JRY . I- NONoQ\o\flEDAUTQS (per~l) f'ROP~RTY DAMAGE . (""-0 RGOUAWrr AUTO ONLY. f:AACClOENT , ....,. AUTO OTHEft~ EA'" AUTO ONLY: .~. tijEMIUUBItEUA UA5IILITY 1'.0" 10 000,000 X OCClJR D Cl.AIASMAOE n: . 10 000 000 ~ DEDUCTml.l s A 22la1UtlA061B 5/15/2009 5/15/2009 . X 1110000 ~ Il WOftKfRS CQMPENSAnoN AND Ef,(PLOYEftS'UA.BlUTI" ANY PRoPRJETOM:>AAiNERlEXECUTNE ., FAC... AOOon'NT . 1 000,000 OFFICUlMa.l8I;J\ EXa.uoe;g? 2:!WM06643 5/15/2009 5/15/2009 F l. OIS....... 'MP\.O.,. . 1 000 000 ~.t:'",~~........ "0", inc1udincr e.zee offiou, E.L DIS~. POL1.......,UI"'f' $ 1 000 000 Ol1t&l\ DC$CRIP11QN OF OPERAl1ONSI\.OCAll~ws.ONS NJDEE.'I rfrENDORSe:MENT/SPECrAt. 'ROVI$IONS 15 dayt; notice of; canco,11ation f'oJ:' non p&%ment of prsm.i\Ull,. Cel:t:ifi.cat.e BoJ..dar 1s Additional ~d with rogard 'to t;hQ abOWl oapt:.ion.lS Q@nArU Liabl.l.1~ poliey. CERTIFICATE HOLDER CANCELLATION !HOULO N<< DP' TftE A90V!!: DI!SCRlDED POUCIeS BE CAKCEu.eb DEFOR,E THE New Hanover CO\1l\ty ElU"IRAllON DATE 'JH~~, THa lSSlANG lI13u~ WILt. f.NDEAVO~ TO .MAIL 230 Governll\etl.t Center Drive 12....... DA'l'! 'WmT'TW tK1TlCIi TO THE CEJm~CAn: OOlDER NAUED 10 TH! l~, 6vr Suite 125 WihinlJ1:on, NC 20403 ,-AlLURE TO DO so 5KALL IMPOSE NO OgUGA'I1ON OR lIA8IUlY 0' AH'( I(JND \WON l)fE INS(JRE~ ITS AGGNTS OR REPRESENTA,.we5. A.U'THONZED REPAESENTAllVE b~cmJ-.. Deborah Church/CC ~"'_I ACORD 26 (2001108) INS02$1010&~1lOlo 4lACORD CORPORATION 1988 PBgei 1 oC, OCT, 9.2008 4:49PM WALKER TAYLOR AGENCY 910 5099006 NO, 0142 P.3 IMPORTANT If the certificate holder Is en ADDITIONAL INSURED, the pOllcy~es) must be endo...ed, A statement on this certifiesle does not comer righls to lhe certificate holder in lI.u of sucl1.ndorsement(s), If SUBROGATION IS WAIVED, $ubj.e1 to the terms and COMitlons of the policy, certain policies may require an endorsement, A statement on this certfficate does not confer rights to the certificate hold.r in lieu of such endo....ment(s), DISCLAIMER The Certifieate of Insurance on the reverse side of this fonn does not constnute . contrael between the Issuing Insurer(S), aulhoriled representative or prodUcer, and the certificate holder, nor does it allillll8l1vely or negalively emend, exlend or alter lhe coverage afforded by the policies listed theraon, ACOllb 25 (2001/08} INSS25 (0100,,,,,, Patle 2 Q'l'2 ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDfYYYY) 09/05/08 PRODUCER 1-770-552-4225 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ames &:. Gough ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 Northridge Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sui te 102 Atlanta, GA 30350 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A; Beazley Insurance Company McKim &:. Creed, P.A. INSURER B: 243 North Front Street INSURERC: POB 806 Wilmington, NC 28402 INSURER D: INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~: PR.H~~J~~.!i'g~ PRi,ICY EXPIRATION LTR POL.ICY NUMBER L.IMITS ~NERAL LIABILITY EACH OCCURRENCE , COMMERCiAl GENERAL LIABILITY PREMISES Ea ~~nce\ , I CLAIMS MADE D OCCUR MED EXP (Anyone person) , - PERSONAl & ADV INJURY , - GENERAL.AGGREGATE , ~.L.AGG~EnE~LlMIT APnS PER: PRODUCTS - COMPIOP AGG , POLICY ffR,: L.OC ~TOMOBILE LIABILITY COMBINED SINGL.E L.IMIT , ANY AUTO (EaaCCident) - - AL.L OWNED AUTOS BODIL. Y INJURY , SCHEDUL.ED AUTOS (Per person) - - HIRED AUTOS BODIL. Y INJURY (Per accident) , - NON-QWNEDAUTOS - PROPERTY DAMAGE , (Per accident) =iAGE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO OTHER THAN EAACC , AUTO ONL. Y: AGG , 5ESSfUMBRELLALIABIL.lTY EACH OCCURRENCE , OCCUR D CLAIMS MADE AGGREGATE , , =1 OEOUCTIBLE , RETENTION , , WORKERS COMPENSATION AND I T~g~T~Jg::: I IOJ~' EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE , ~~Etl~~~~~~I~~~NS below E.L. DISEASE. POLICY LIMIT , OTHER A Professional Liability V1501A08PNPA 09/05/08 09/05/09 Per Claim 5,000,000 Per Aggregate 7,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS For Professional Liability, aggregate limit is total insurance available for all claims presented within Ipolicy period for operations of insured. Limit will be reduced by payments of indemnity and/or expenses. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Por Proposal Only DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL. ~ 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 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE rf 9'" /;;>;? f~:..../t~r / ACORD 25 (2001/08) JNoyola 9705676 @ACORDCORPORATION 1988 Certificate Delivery by CertificatesNow - www.ConfirmNet.com-877.669.8600 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 iieu 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) EXHIBIT ~ .. ~MCKIM&CREED Venture 1'1 Building 1730 Vars.;t) Dr j...e Raleigh, NC 27606 919.233.8091 Fa. 919.233.8031 www.mckimcreed.com EN GIN E E R S SURVEYORS P l ANN E R S October 3, 2008 PW081136 Mr. Sam Hawes, Manager New Hanover County Landfill 3002 Highway 421 North Wilmington, NC, 28401 RE: Vegetation Management Program atNew Hanover County Landfill Mr. Hawes: Thank you for the opportunity to work with you and your staff on the development of the vegetation management program at the landfill. McKim & Creed appreciates the opportunity to provide you with a proposal for site management and agronomic services, Based upon our conversations, we have a good understanding of the scope of services you require. PROJECT UNDERSTANDING The OWNER (New Hanover County Landfill) is required to establish and maintain vegetation on the landfill as a part of normal operation. The existing system at the landfill includes an irrigation system to spray treated landfill leachate onto a receiver crop, Portions of the landfill cover contain sparse vegetation. The project proposed involves assessing a variety of plant materials as suitable for the long term operation at the site, The OWNER had performed required site and soils testing to comply with NCDWM permits, Additional site and soil work will be required to optimize the wastewater and vegetation management efforts proposed. This consists of establishing test plots to assess germination, growth, and maturation of a variety of vegetative materials under conditions encountered on the site. Several zones have been identified as having some potential to host test plots where the surface irrigation system will supply supplemental irrigation water. SCOPE OF SERVICES The project proposed contains a preliminary vegetation establishment phase (phase 1) and a more detailed longer-term monitoring and reporting phase (phase 2), . Phase 1: Two field visits to establish eight (8) test plots (six with native soil, of which two are control plots, and two with imported soil), collect and assess soil materials for fertility in accordance with letter proposal to NCDWM (attached), and monitor germination, Phase 2: Evaluate vegetation on test plots on a quarterly basis over a two year test period, Evaluate plant tissue samples from spring and fall sampling events, Prepare final written report of results and meet with OWNER to review, Submit and review with NCDWM, Coordinate with landfill personnel to collect samples, . . ASSUMPTIONS Services provided to The Owner are limited to those listed above and assume access to the site is available or will be provided, including through locked or fenced areas, Services not included: The following services are not included in the base scope of work and estimate of cost, but can be performed or directed by McKim & Creed as an additional service on a time and expense basis or agreed upon price, a, Any soils, hydrologic or hydrogeologic investigations / evaluations required by state agencies, These will be performed by a firm agreeable to the OWNERS and McKim & Creed. Copies of a signed, sealed and dated report will be given to McKim & Creed if necessary, b, A mass water balance, This has been provided by the soils and hydrogeologic consultants, c, The soils and hydrogeologic consultants will provide McKim & Creed with a site map that incorporates the following information required by the permitting agency: a general location map, a topographic map, a site map which indicated where borings or hand auger samples were taken, a map showing the entire site including all structures, application areas, buffers, property lines, wells, drainage features and surface waters within 500 feet of the facilities and application areas if necessary, d. Field survey of the test plots and site design other than the general placement of test plots. e, Wastewater quality monitoring f, Permitting or regulatory compliance efforts beyond transmittal and review of this study and report of findings with NCDWM, . ~:MCKIM&CREED COMPENSATION Compensation for any basic or authorized additional services provided under this scope of work will be on an hourly basis in accordance with the then-current rate schedule, Basic services as described in this scope of work are expected to accrue to a total no more than $10,000 over the two year period, Authorized additional services will require an adjushnent to this estimate, A copy of the current 2008 schedule is attached, Reimbursable expenses (including, for example, soil and tissue testing, vegetation or plant materials, lime and other soil amendments, mileage, and printing) will be invoiced at cost times a 1.15 multiple, Invoices will be submitted monthly as the work progresses. SCHEDULE McKim & Creed will begin work on this project within one (1) week after receiving the signed agreement. Test plot development or construction should begin in Fall 2008 to assure the volume of wastewater requiring treahnent is minimal and that the conversion from the old poorly established areas to the new test plots can occur with minimal potential for adverse operations, Vegetation, soil and wastewater quality will be assessed quarterly for a period of two (2) years (eight quarters), A final project report will be submitted within 30 days of receipt of the final monitoring event analyses, GENERAL CONDITIONS Standard terms and conditions are attached, Please indicate your acceptance of this proposal by signing below and returning one original. Should you have any questions regarding this proposal or require any additional information do not hesitate to call us, We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Sincerely, (}j/ ~ ~16j~ Timothy J. Baldwin Director of Total Water Management McKIM & CREED, P A A. R. Rubin Project Manager, Sr. Environmental Scientist APPROVED; New Hanover County Landfill Signature of Authorized Person ,. ~~&CREED Date " Enclosures: Standard Terms and Conditions 2008 Rate Schedule Certificate of Professional Liability Insurance Certificate of General Liability Insurance Letter Proposal to NCDWM ,. ~~&CREED McKim & Creed, P,A, General Conditions (3/2002-1) Billing and Payment. Invoices will be submitted by McKim & Creed, P.A. (the "Engineer") to the Oient monthly for services performed and expenses incurred pursuant to this Agreement. Payment of each such invoice will be due upon receipt and considered past due if not paid within thirty (30) days of the date of the invoice. Any retainers shall be credited on the final invoice. a) Interest. A service charge will be added to delinquent accounts at 18 percent per annum (1.5 percent per month). b) Suspension of Services. If the Client fails to make any payment due the Engineer for services and expenses within thirty (30) days of the invoice date on the project{s) covered by this agreement or any other project(s) being performed by Engineer for Client, the Engineer may suspend services under this Agreement until it has been paid in full for all past due amounts owed by Client for services and expenses. The Engineer shall have no liability whatsoever to the Client for any costs or damages occurring as a result of such suspension caused by any such breach of this Agreement by Client. d) Termination of Services. The failure of the Client to make payment to the Engineer in accordance with the payment terms set forth herein, shall constitute a material breach of this Agreement and shall entitle the Engineer, at its option, to terminate the Agreement. Any material breach of this Agreement by the Client shall, at the Engineer's option and in its sole discretion, constitute a breach of and default under any and/or all other agreements between the Client and Engineer. Confidentiality. The Engineer agrees to keep confidential and not-to disclose to any person or entity, other than the Engineer's employees, sub-consultants and the general contractor and subcontractors, if appropriate, any data and information not previously known to and generated by the Engineer or furnished to the Engineer and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Engineer from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Engineer to defend itself from any suit or claim. The Client agrees that the technical methods, techniques and pricing information contained in any proposal submitted by the Engineer pertaining to this project or in this Agreement or any addendum thereto, are to be considered confidential and proprietary, and shall not be released or otherwise made available to any third party without the express written consent of the Engineer. Consequential Damages. Notwithstanding any other provision of the Agreement, neither party shall be liable to the other for any consequential damages incwred due to the fault of the other party, regardless of the nature of the fault or whether it was committed by the Client or the Engineer, their employees, agents, sub-consultants or subcontractors. Consequential damages include, but are not limited to, loss of use and lost profit. Non-Contingency. The Client acknowledges and agrees that the payment for services rendered and expenses incurred by the Engineer pursuant to this Agreement is not subject to any contingency unless the same is expressly set forth in this Agreement. Payments to the Engineer shall not be withheld, postponed or made contingent on the financing, construction, completion or success of the project or upon receipt by the Client of offsetting reimbursement or credit from other parties causing Additional Services or expenses. No withholdings, deductions or offsets shall be made from the Engineer's compensation for any reason. Opinions of Cost. (a) Since the Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, are estimates only and shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it and the Engineer shall have no liability whatsoever if the actual cost differs from the Engineers estimate. If at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by the Client will be paid for as additional services hereunder by the Client. (b) If a limit with respect to construction or other costs is established by written agreement between the Client and the Engineer, the following will apply; (i) The acceptance by the Client at any time during the performance of services hereunder of a revised opinion of probable cost in excess of the then established cost limit will constitute a corresponding revision in the previously agreed cost limit to the extent indicated in such revised opinion. (ii) Any cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. (ill) The Engineer will be permitted to determine what materials, equipment, component systems and types of construction are to be included in the drawings and specifications prepared by it pursuant hereto and to make reasonable adjustments in the extent of the project to bring it within the cost limit. (iv) If the bidding or negotiating phase of the project has not commenced within six months after completion of the Engineer's design hereunder, the established cost limit will not be binding on the Engineer, and the Client shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Page 1 of 4 .- ..:S-IvJCKIM&CREED McKim & Creed, P,A, General Conditions (3/2002-1) Engineer's design hereunder and the date on which proposals or bids are sought. (v) If the lowest bona fide proposal or bid exceeds the established cost limit, the Client shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising the project's extent or quality. In the case of (3), the Engineer shall, without additional charge, modify the plans and specifications prepared by it hereunder as necessary to bring the subject cost within cost limit. The providing of such service will be the limit of the Engineer's responsibility in this regard and having done so, the Engineer shall be entitled to payment for his services in accordance with this Agreement. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance vvith the terms hereof through no fault of the terminating party. In the event of any termination, the Engineer shall provide a final statement of charges due and will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Engineer as a result of such termination. In the event the Engineer's compensation under this Agreement is a fixed fee, upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ratio of the amount of the work done, as reasonably determined by the Engineer, to the total amount of work which was to have been performed, less prior partial payments, if any, which have been made. Reuse of Documents. All documents, including but not limited to drawings and specifications, prepared by the Engineer pursuant to this Agreement are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the Client or others on extensions of this project or on any other project. Any reuse without written verification or adaptation by the Engineer for specific purposes intended will be at the Client's sole risk and without liability or legal exposure to the Engineer; and the Client releases and shall indemnify and hold the Engineer harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting there from. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer. Liability. The Engineer is protected by Workmen's Compensation Insurance (and/or employer's liability insurance), professional liability insurance, and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to compensate the Client for loss, damage, injury or liability arising directly and exclusively from the negligent acts or omissions of the Engineer, its employees, agent, subcontractors and their employees and agents but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If the Client requires increased insurance coverage, the Engineer will, if specifically directed by the Client, take out additional insurance, if obtainable, at the Client's expense. Limitation of Liability. In performing its professional services hereunder, the Engineer will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder. THE CUEI\TT UNDERSTAl\'DS AI\'D AGREES THAT THE ENGINEER HAS NOT MADE AND t5 NOT MAKING ANY PROMISE, WARRANTY OR REPRESENTATION EXCEPT THE WARRANTIES EXPRESSLY MADE HEREIN, AND THE ENGINEER EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANT ABILITY OR HTNESS FOR A PARTICULAR PURPOSE OR ANY OTHER IMPLIED WARRANTIES, It is agreed that, in accordance with and subject to the provisions of the foregoing paragraph (Liability) and this paragraph, any claim for damages, cost of defense, or expenses which the Client or any third party may assert against the Engineer on account of any and all design defects, errors, omissions, and professional negligence shall be limited to the amount of its policy limits under any policy or policies of professional liability insurance maintained by the Engineer. Under no circumstances shall the Engineer be liable for extra costs or other consequences due to changed conditions or for costs related to the failure of the contractor or material men to install work in accordance with the plans and specifications. The limitation of liability to the limits of the Engineer's insurance policy is a specifically bargained.for provision of this agreement, reflected in Engineer's fee. The Engineer shall not be liable for errors in judgment or for any loss or damage, which ocews for any reason beyond the control of the Engineer. No action may be instituted hereunder more than one year after the cause of action accrued or should have been discovered by reasonable diligence. The provisions of this paragraph and the previous paragraph (Liability) shall survive the termination of this Agreement. Client initials Controlling Law. This Agreement is to be governed by the law of the State of North Carolina. The parties agree that any suit or action related to this Agreement shall be instituted and prosecuted in the courts of the County of New Hanover, State of North Carolina, and each party waives any right or defense relating to such jurisdiction or venue. Binding Effect. This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors and permitted assigns. Merger; Amendment. This Agreement constitutes the entire agreement between the Engineer and the Oient with respect to its subject matter,and all negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Engineer and the Client. Ownership of Instruments Of Service. All reports, plans, specifications, field data, notes and other documents, including all documents on electronic media, prepared by the Engineer as instruments of service shall remain the property of the Engineer. The Engineer shall . $:MCKIM&CREED Page 2 of 4 McKim & Creed, P,A, General Conditions (3/2002-1) retain all common law, statutory and other reserved rights, including the copyright thereto. Photographs. Photographs of any completed project embodying the services of the Engineer provided hereunder may be made by the Engineer and shall be considered as its property, and may be used by it for publication. Assignment. Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to fees that are due or fees that may be due) without the prior written consent of the other party. Archiving of Project Documentation. Engineer shall maintain copies of printed project documentation for a period of three years from substantial completion of Engineer's services. Engineer shall maintain copies of all electronic media related to the project for a period of one year from substantial completion of Engineer's services, Requests for reproduction of project documentation after these periods have expired will be considered additional services and will be invoiced at the Engineer's prevailing hourly rates at the time of the request, plus expenses. Betterment. If, due to the Engineer's error, any required item or component of the project is omitted from the Engineer's construction documents, the Engineer shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or othenvise adds value or betterment to the project. In no event will the Engineer be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project. CAD Files. Because data stored on electronic media can deteriorate undetected or be modified without the Engineer's knowledge, the Oient agrees that it will accept responsibility for the completene$, correctness, or readability of any electronic media delivered to the Oient after an acceptance period of 30 days after delivery of the electronic files, and that upon the expiration of this acceptance period,. Oient will release, indemnify and save harmless the Engineer from any and all claims, losses, costs, damages, awards or judgments arising from use of the electronic media files or output generated from them. The Engineer agrees that it is responsible only for the printed and sealed drawings and documents, and if there is a conflict between these printed documents and the electronic media, the sealed documents will govern. Engineer makes no warranties, expre$ or implied, under this agreement or otherwise, in ronnedion with the Engineer's services. Certifications, Guarantees and Warranties. The Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer's having to certify, guarantee or warrant the existence of conditions which the Engineer cannot ascertain. The Client also agrees that it has no right to make the resolution of any dispute with the Engineer or the payment of any amounts due to the Engineer in any way contingent upon the Engineer's signing any such certification, Corporate Protection. It is intended by the parties to this Agreement that the Engineer's services in connection with the project shall not subject the Engineer's individual employees, officers or directors to any personal legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against . the Engineer, a North Carolina corporation, and not against any of the Engineer's employees, shareholders, officers or directors, Extension of Protection. The Client agrees to extend any and all liability limitations and indemnification's provided by the Client to the Engineer to those individuals and entities the Engineer retains for performance of the services under this Agreement, including but not limited to the Engineer's officers and employees and their heirs and assigns, as well as the Engineer's sub-consultants and their officers, em. ployees, heirs and assigns. Job.Site Safety. Neither the professional activities of the Engineer, nor the presence of the Engineer or its employees and sub-consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Oient agrees that the General Contractor is solely responsible for job-site safety, and warrants that this intent shall be made evident in the Client's agreement with the General Contractor, The Client also agrees that the Client, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. Scope of Services. Services not set forth as Basic Services or Additional Services and listed in this Agreement are excluded from the scope of the Engineer's services and the Engineer assumes no responsibility to perform such services. Severability And Survival. Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and the Engineer shall survive the completion of the services hereunder and the termination of this Agreement. Shop Drawing Review. If included in the scope of services to be provided, the Engineer shall review and approve Contractor submittals, such as shop drawings, product data, samples and other data, as required by the Engineer, but only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. The Engineer's review shall be conducted with reasonable promptness while allovving sufficient time in the Engineer's judgment to permit adequate review. Review of a specific item shall not indicate that the Engineer has reviewed the entire assembly of which the item is a component. The Engineer shall not be responsible for any deviations from the contract documents not brought to the attention of the Engineer in writing by the Contractor and approved by the Engineer. The Engineer shall not be required to review partial submissions or those for which submissions of correlated items have not been received. Page 3 014 . ~MCKIM&CREED McKim & Creed, P,A. General Conditions (3/2002-1) Specification of Materials. The Client understands and agrees that products or building materials, which are permissible under current building codes and ordinances may, at some future date, be banned or limited in use in the construction industry because of presently unknown hazardous characteristics. The Client agrees that if the Client directs the Engineer to specify any product or material, after the Engineer has informed the Client that such product or material may not be suitable or may embody characteristics that are suspected of causing or may cause the product or material to be considered a hazardous substance in the future, the Client waives all claims as a result thereof against the Engineer. The Client further agrees that if any product or material specified for this project by the Engineer shall, at any future date be sus- pected or discovered to be a health or safety hazard, the Client hereby releases the Engineer from any and all liabilities and waives all claims against the Engineer relating thereto. Standard of Care. Services provided by the Engineer under this Agree- ment will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same geographic area. Suspension of Services. If the project is suspended for more than thirty (30) calendar days in the aggregate, the Engineer shall be compensated for services performed and charges incurred prior to such suspension and, upon resumption of services, the Engineer shall be entitled to an equitable adjustment in fees to accommodate the resulting demobiliza- tion and re-mobilization costs. In addition, there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension. If the project is suspended for more than ninety (90) calendar days in the aggregate, the Engineer may, at its option, terminate this Agreement upon giving notice in writing to the Client. , Unauthorized Changes to Documents. In the event the Client consents to, allows, authorizes or approves of changes to any plans, specifications, construction documents or electronic media, and these changes are not approved in writing by the Engineer, the Client recognizes that such changes and the results thereof are not the responsibility of the Engineer. Therefore, the Client releases the Engineer from any liability arising from the construction, use or result of such changes. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) arising from such changes. Compensation for Additional Services. The undertaking of the Engineer to perform professional services under this Agreement extends only to those services specifically described herein. If upon the request of the Client, the Engineer agrees to perform additional services hereunder, the Oient and the Engineer shall negotiate and agree upon an additional fee to be paid to the Engineer for completion of the agreed upon Additional Services. The Engineer will be under no obligation to begin or complete requested Additional Services until the additional fee has been negotiated and agreed upon in writing by the Client and the Engineer. Hourly Billing Rates. All services to be billed on an hourly basis under this agreement will be billed using the Engineer's prevailing billing rate schedule at the time services are provided. If a specific rate schedule is to be used for this Agreement, it shall expire no later than one year from the date of this Agreement and will be replaced with the prevailing rate schedule in effect at that time. Priority Over Form Agreements. The parties agree that the provisions of this Agreement shall control and govern over any Work Orders, Purchase Orders or other documents, which the Client may issue to Engineer in regard to the project(s) which is (are) the subject of this Agreement. The Oient may issue such documents to Engineer for its convenience for accounting or other purposes, but any such Orders will not alter the terms of this Agreement, regardless of any contrary language appearing therein. Indemnity. The Client shall and hereby agrees to indemnify and hold harmless the Engineer from and against all losses, costs, damages, expenses and liability of whatever nature, including but not limited to reasonable attorney's fees, litigation and court costs, expert witness fees and expenses, amounts paid in settlement, amounts paid to discharge judgments, penalties, punitive damages, and interest, directly or indirectly resulting from, arising out of or related to one or more Claims, as hereinafter defined. The word "Claims" as used herein shall mean all claims (whether valid or not), lawsuits, causes of action, liens, investigations, administrative proceedings, and other legal actions and . proceedings of whatsoever nature that directly or indirectly result from, arise out of or relate to this Agreement, the project which is the subject of this Agreement, and/or any other matter or transaction contemplated hereunder, including without limitation, any failure by the Client to adhere to or comply with any drawing, design, plans, specifications, recommendation or advice given or furnished by the Engineer to the Client; provided however, that the foregoing shall not apply to any claim resulting primarily from the negligence of the Engineer. Paragraph Headings. The paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Third Parties. Nothing in this Agreement shall be construed as giving any person, firm, corporation or other entity other than the parties to this Agreement and their respective successors and permitted assigns, any right, remedy or claim under or in respect of this Agreement or any of its provisions. Default. The Client shall be in default under this Agreement if (i) it fails to pay in full any invoice from the Engineer on the due date or fails to make any other payment due to the Engineer under this Agreement, (ii) it fails to observe or perform any other term, condition or covenant under this Agreement, (iii) it breaches any warranty or representation made under this Agreement, (iv) it dissolves, terminates or liquidates its business, or its business fails or its legal existence is terminated or suspended, (v) any voluntary or involuntary bankruptcy, reorganization, insolvency, receivership, or other similar proceeding is commenced by or against the Client, or (vi) it becomes insolvent, makes an assignment for the benefit of creditors, or conveys substantially all of its assets. Page 4 of 4 . <$:MCKIM:&CREED .. ~McKIM&CREED Per Diem Rates Employee Classification (Fee/Hour) Ene:ineerim!: Principal..,..................... ........................, ..............$260,00 Technology Expert .."", ........,.... ....".." ,.. .........."" ,$285,00 Regional Engineering Manager ...........................$240.00 Project Management Director ............ ... ............... $200.00 Project Management Group Manager ...............$175.00 Sr. Project Manager ... ..................... ....,..............$165,00 Project Manager ........... ............................ ..........,$140,00 Engineering Director ....... ......... .................. .......... $170 .00 Technical Group Director....... ............... ... ............ $215.00 Engineering Group Manager.......,......................,$155,OO Sr, Technical Specialist ,........,..... ' .......,..$200.00 Sr. Project Engineer .......................$145.00 Technical Specialist....",' ......... ...,............., ......... ,.. $155.00 Project Engineer ..........,............., ............,$125.00 Staff Engineer .."",........"",........,............"",........,$115,00 Engineer Intern..,.." ........,.." ........,.... ........,..".... ....$105,00 Programmer ........... ............. ............. ......... .... ..... ....$115.00 Lead Programmer .................................................$135.00 Designer IV......................,.........., ..............,..........$125.00 Designer III ..........................,......, ................ ........$112,00 Designer II,........,....,........"'........,.. ,............"",........$95,00 Designer I .. ............, ........"" ........"", ........".."", ........ $75,00 Senior CAD Technician .........."........"",...............,,$75,00 CAD Technician .."........."....................,..",............,$60,00 Sernor Project Administrator ,................................$80.00 Project Administrator ...... .............. ......... ......... ....... $70.00 Administrative Assistant ........ ................ .............$58.00 Construction Construction Services Manager ............. ............$160.00 Construction Manager Advisor.... ................ ....$125.00 Senior Construction Administrator ......... ..........$107.00 Construction Administrator ..................................$96.00 Resident Project Representative Manager .........$125.00 Senior Resident Project Representative..............$117.00 Resident Project Representative II ........................$92.00 Resident Project Representative 1..........................$77.00 I&C Field Technician II ............,..............,....,......,$105,00 I&C Field Technician 1..................,................,........$80,00 I&C Shop Technician....,...,........",.................."......$60,OO I 2008 SCHEDULE OF HOURLY RATES Employee Classification Per Diem Rates (Fee/Hour) Survevine Sf. Survey Project Manager ....................................... $175.00 Survey Project Manager....... ......... .............. .... ........... $138.00 Project Surveyor ....,...................,...., ..,........... $100,00 Senior Survey CAD Technician.................................. $88.00 Survey CAD Technician ........,..,..............,.................., $72,00 Survey Technician ........................................................ $64.00 Survey Field Supervisor .............................................. $88.00 Field Survey Party (One-Person Crew) ..................... $80,00 Field Survey Party (Two- Person Crew).................. $120,00 Field Survey Party (Three-Person Crew) ....,........... $155,00 Photogrammetrist...... .... ............. ........ .................. ...... $130.00 Photogrammetric Technician.... ..... ......... ..... .... ........... $75.00 Subsurface Utilitv Eneineerine Sr, Utility Engineering Project Manager ,............,... $165.00 Utility Engineering Project Manager ...................... $150.00 Utility Engineering Technician................................... $85.00 Utility Engineering Sr. Coordinator........................... $88.00 Utility Engineering Party (Two-Person Crew) ....... $140,00 Utility Engineering Party (Three-Person Crew) ...., $165,00 Geo~aphic Information Svstems GIS Technician I... ......................... .......................... GIS Technician II ........................, GIS Technician III ......................, GIS Specialist GIS Manager 00..... .., $55,00 ..$67.50 ............,...... $80,00 ......00.... $97.50 ...........,........ $145,00 Miscellaneous Expenses Mileage for all company-owned vehicles (trucks) will be billed at $O,78/rnile, Employee-owned vehicles used for transportation related to the project will be charged at the prevailing federal mileage rate allowed by the IRS at the time the travel occurs. Rates are valid through 2008. Central . ~ MCKIM&CREED Venture IV Building 1730 VOlsily Drive Raleigh, NC 27606 919.233.8091 Fox 919.233.8031 www.mekimereed.com EN GIN E E R 5 SURVEYORS PLANNERS Mr, Ed Mussier NCDWM - Compliance Section 1646 Mail Service Center Raleigh, NC 27699-1646 RE: Vegetation Establishment and Testing at New Hanover County Landfill (NHCOLF) Mr, Mussier: The manager at the New Hanover County Landfill, Mr. Sam Hawes, is concerned about the long term status of plant materials at this site. His concern extends toward the closure phase of the operation and as a consequence, he requested that we begin assessing long term vegetation management options at the facility. We have identified two (2) potential test areas at the site where the existing vegetative cover is sparse and where we would like to establish test plots. The test areas are located in CellI, the closed cell, The area does receive treated landfill leachate through the permitted irrigation system at the site, I have discussed this potential test with representatives from NHCOLF and with Michael Scott and Geoffrey Little from Division of Waste Management. We would like to establish three (3) test cells in these areas, with one consisting of imported soil. We will equip the imported soil cell with a pan Iysimeter as Geoff suggested during our conversation. The vegetation proposed are NCDOT perennial grasses in test cellI, Lespedeza and Paspallum in cell 2, and a mix of flowering perennial plants in cell 3 (this is the imported soil), Soil samples have been collected from the proposed test areas and required soil amendments will be added to adjust soil fertility levels accordingly, With this letter I am requesting concurrence with this demonstration, There is no change to the operation and I do not anticipate any impact on the overall operation at the site, The information we generate will be useful as the staff and management at the NHCOLF begin examining long term management options for this facility. Based on my discussions with Mr, Little, no permit modification is required, There will be no breach of the infiltration layer or the erosion layer covering the closed cell, Thank you for your attention to this request. Sincerely, {/tf ~ A. R. Rubin Professor Emeritus, NCSU-BAE Project Manager/Sr. Environmental Scientist, McKim & Creed . ~M.CI<IM&CREED , . . , . EXHIBIT 8 , CONTRACTOR COMPLIANCE REQUIREMENTS , , TABLE OF CONTENTS SECTION D\:SCRIPTION PAGE, Introduction Statement of Purpose 3 1,0 General Contractor Guidelines 4 2.0 Safety TraininQ Options 6 3.0 Standards of Conduct 7 4,0 Hot Work Supplement for Contractors 8 5,0 Personal Protective Equipment 9 6,0 Hazard Communications (HAlCOM) 12 7,0 LockoutfTaQout 13 8,0 Electrical Safety Supplement for Contractors 14 9,0 Fire Protection/ EmerQency Evacuation 16 Contractor AQreement Form 18 APPENDIX A OEM Inspection Forms and Non-Routine Work Permits 19-29 2 , , INTRODUCTION The personal safety and health of each employee of the New Hanover County, Department of Environmental Management is of primary importance, The prevention of occupationally induced injuries and illnesses is of such consequence that it will be given precedence over operating productivity whenever necessary, Our goal is to maintain a safety and health program conforming to all applicable OSHA standards and to be a leader in safety program management within our industry. To be successful, it will require cooperation to all safety and health matters, Only through such cooperation can a safety program be established and preserved. The following contractor safety and health rules, when applied properly and used with good common sense will assure smooth workflow, high quality results, and aid in the safety effort. In turn, this will result in reduced possibilities of injury to you, other employees, or the public and, furthermore, will reduce the possibility of avoidable damage to any equipment or property. It is not possible to detail all of the situations or to provide precise guidance for every contingency employee can encounter in the course of their work or off-the-job activities, However, close adherence to the rules and the desire to apply good sense to all actions will yield the best possible safety results, It is your responsibility to act so as to provide: a. Safety to yourself b, Safety to your co-workers c, Protection to the public; and d. Protection to property You are expected as part of your job, to take an active part in the DEM Safety Program and apply it in your everyday work. 3 . . 1.0 GUIDELINES A. All contractors and sub-contractors shall furnish the New Hanover County, Department of Environmental Management with a copy of the following certificates: . WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: Covering all of the Contractor's employees to be engaged in the work under this contract, providing the required statutory benefits under NC Workers' Compensation Law and Employers' Liability Insurance providing limits in the amount of $100,000/500,000/100,000, . COMMERICIAL GENERAL LIABILITY: Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad from property damage liability insurance coverage. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work involves these exposures, The policy shall provide liability limits at least in the amount of $1,OOO,OOO/occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy, . AUTOMOBILE LIABILITY INSURANCE: Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $1 ,OOO,OOO/occurrence combined single limits applicable to claims due to bodily injury and/or property damage. B. The contractor agrees to hold DEM harmless in the event of an accident or injury to one of his employees or damage to his property regardless of which party may be at fault. C, The contractor must have a competent individual in charge at the job site to supervise the job and conduct an adequate accident prevention program, D, At all times when non-routine work is being performed, the contractor must obtain a non-routine work permit. The non-routine permit can be obtained from the shift supervisor, maintenance foremen, maintenance manager, or safety manager. E. All contractor employees must abide by OEM General Safety Rules and Regulations at all times, F. All accidents must be reported immediately to the Project Manager or Safety Manager. 4 G, Contractor employees are not to enter other areas of the plant unless it is required for the performance of their job, H, It is the responsibility of the contractor to inform management of any known hazardous condition that may exist due to the contract work being done in the areas where departmental employees may be exposed to the known hazards. I. It is the responsibility of OEM to hold a pre-construction operation and safety briefing with the contractor before any work is to begin, J, Periodic job site inspections are to be done by a departrnental representative to see that the job is proceeding safely and according to the agreement. K, Contract personnel are to check in and out of the department's premises on a daily basis, L. It is the responsibility of the contractor to review the confined space information supplied by OEM before entering confined spaces to perform work on OEM property and comply with 29 CFR 1910.146, M, It is the responsibility of the contractor to review the 10ckouUtagout information supplied by OEM before performing work that requires the locking or tagging out of any type of energy source and comply with 29 CFR 1910.147, N. It is the responsibility of the contractor to review the hazard communication program supplied by OEM before performing any work on OEM property and comply with 29 CFR 1910,1200, O. It is the responsibility of the contractor to provide Material Safety Data Sheets for all containers of hazardous substances brought on DEM property. p, It is the responsibility of the contractor to make sure all his employees comply with the OEM Personal Protective Equipment (PPE) policy at all times, Q. It is the responsibility of the contractor to make sure all his employees comply with the OEM Hot Work policy at all times, R. The contractor understands that violating these rules will lead to his/her immediate dismissal. S. jrhe contractor understanas tnat a waiver form~rrrus~rbe_sig[:1~e.d to use any New HaQ9ver CO>>J:!.ty~quip'meni. 5 2.0 CONTRACTOR SAFETY TRAINING OPTIONS Option A The job site and construction procedures used by the contractor and/or contractor employees shall meet OSHA compliance found at 29 CFR 1910 and 1926 at all times. It is the duty of the contractor to submit training records for the following programs that are marked with a (X). LockoutfTagout Confined Space Entry Respiratory Protection Hazard Communication MSDS Submittal (if applicable) Fire Prevention and Protection (i.e. Fire Extinguishers) Fall Protection Scaffolding Powered Industrial Trucks Ladders Personal Protective Equipment Welding, Cutting & Brazing Electrical Trenching/Excavation _X_ Other(s): Complete Safety Manual Option B In lieu of submitting valid training records the contractor may present a valid Wilmington Area Contractors Safety Council ryvACSC) Card, The WACSC Contractors class covers job safety and health guidelines that are necessary to be familiar with before working at OEM, 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 OEM Safety Orientation, The OEM safety orientation provides valuable information concerning the hazards that may be present at the New Hanover County Landfill and WASTEC, 6 3.0 STANDARDS OF CONDUCT The Department of Environmental Management has established these Standards of Conduct to ensure the smooth and efficient operations of the Department and your job. Violation of these standards is serious and will subject the employee to disciplinary action including the possibility of immediate discharge. A. Willful damage of any departmental property or the property of other employees. B. Possession, use or distribution of alcohol, narcotics, or illegal drugs on department property. C. The possession of firearms, ammunition, concealed weapons, or explosives, unless properly authorized, D, Abusive or threatening language, fighting, or interfering with fellow employee(s), supervisor's or manager's job, E, Stealing or attempting to steal from fellow DEM employee(s) or the department. F, Refusal to perform assigned duties or to obey instructions, G, Sleeping on the job is forbidden, H, Negligence or conduct which could result in injury to themselves or another person or damage to department property, I. Use of profane language. J, Falsifying any documents, 7 4.0 HOT WORK All contractors must obtain a hot work permit before beginning any welding, cutting, or brazing work, The hot work permit may be obtained by contacting the Maintenance Manager, Safety Manager, Maintenance Supervisor, or Shift Supervisor. The following checklist must be completed before a hot work permit is issued, 1. The location, where the work is to be done, has been personally examined by the Maintenance Manager, Safety Manager, Maintenance Supervisor, or Shift Supervisor. 2. Overhead sprinklers, where provided, are in service and will not be taken out of service until work has been completed, 3, There is no flammable dust, vapors, liquids, or unpurged tanks or equipment previously containing such materials in the area. 4. The work will be confined to the area or equipment specified in the permit. 5, The contractor has provided ample portable extinguisher(s), 6. All combustibles will be moved 35 feet from the cutting or welding area that can be moved and the remainder will be protected with welding curtains, flame proof blankets, or metal guards (provided by the contractor), 7, Responsible personnel have been assigned to watch for dangerous sparks in the area, as well as the floors above and below. 8. The contractor will provide a flash curtain where work is being performed in an area where other employees will be working or passing by, 8 5.0 PERSONAL PROTECTIVE EQUIPMENT (PPE) Personal Protective Equipment (PPE) will be required and must be used in all areas where the job or operation performed or the location is a hazard to the health and safety of the employee, The department has conducted a personal protective equipment assessment which is available for review, The following are examples where personal protective equipment may be required. NOTE: Any employee that reports to work without his or her personal protective equipment will not be allowed to perform work without first obtaining the proper protective equipment. Head Protection 1, Head Protection shall be worn: . In the plant . Outside the plant 2. Department issued hard hats are not to be drilled or cut. This may result in weakening the mechanical strength and dielectric strength of a hard hat. 3, Hard hats shall be worn with the brim positioned to the front. The wearing of baseball caps under the hard hat invalidates the integrity of the suspension and shall not be worn. (Note: Maintenance personnel who use a grinding or cutting/welding shield may wear their hat backwards if the suspension is adjusted accordingly), 4, It is the individual's responsibility to inspect the hat and the suspension prior to each use. If either is found defective, it shall be replaced without delay, 5. Only approved Department decals and the employee's name will be permitted on a hard hat. When an employee's name is on the hard hat, it shall be produced on a non-conducting material. No other rnethod is allowed or acceptable. 6, All head protection shall meet ANSI Z89.1 approval. Eye Protection 1, Departmental eye protection consists of safety glasses, goggles, and face shields, 9 2, All protective eyewear will meet ANSI Z87,1 -1994, 3, Eye protection will be worn in the following areas: . All WASTEC facilities, except for the control room, restrooms, and offices, . When working on the NHC Landfill. 4, A pair of goggles with a faceshield or a combination goggle-faceshield shall be worn when doing the following jobs: . Handling chemicals . Servicing storage batteries . Grinding . Chipping . Drilling . Chiseling . Soldering . Breaking concrete 5. Any employee whose eyes may be exposed to electric arc while assisting a welder shall wear eye protection equivalent to that of the welder. Foot Protection 1, No open toed shoes are allowed in the plant area, 2, All employees performing work at WASTEC will be required to wear ANSI Z41 - 1991 approved steel-toed work boots or shoes, Respiratory Protection 1. Disposable DusUMist masks are available for voluntary use. , 2. No employee shall don a negative or positive pressure respirator without being properly trained, fit tested, and have a current medical evaluation on file (by assignment only), 3, All assigned respirators shall be clean and maintained monthly. 4. Refer to the following respiratory protection assesment for information concerning where contractor's may be required to wear respiratory protection, Hand Protection 10 1. Appropriate hand protection shall be worn when employee's hands are exposed to hazards such as skin absorption of harmful substances, severe cuts or lacerations, punctures, chemical burns, thermal burns, and harmful temperature extremes, Ear Protection 1. Hearing protection will be required and used by any employee who is performing work in any hearing protection required area of the plant. These areas have been identified and a mark as such, HEARING PROTECTION REQUIRED, Fall Protection 1. Fall protection is required for work performed at heights six (6) feet of greater. At no time will an employee be exposed to the potential of a fall exceeding six feet without required fall protection. 2, Full body harnesses and shock absorbent lanyards meeting OSHA standards shall be used by employees, Safety belts and regular lanyards are not acceptable, 3. Appropriate work platforms with standard guardrails or the use of an interior and exterior safety nets which remove such fall exposures shall be considered adequate substitutes. 4, Full body harnesses and shock absorbent lanyards are to be inspected by a DEM representative prior to any work beginning, A sample copy of this inspection form can be found in Appendix A. 11 6.0 HAZARD COMMUNICATION PROGRAM (HAZCOM) Like many industries, the Department of Environmental Management is subject to the Hazard Commination Standard, found at 29 CFR 1910.1200; therefore, all contractors and contract employees must comply with this standard when working on OEM property. The department has a written HAZCOM program, maintains a current chemical inventory, and material safety data sheets (MSDS), and trains our employees according to the requirements of the standard, OEM will make available to all contractors our written program, chemical inventory list, and material safety data sheets. Contractors must train their employees concerning the standard and inform these employees of the following when they are performing work on OEM property. . How to read and understand a MSDS, . Where the OEM MSDS book is kept. . Where chemicals are stored. . What chemicals are located in the area they are working? . Apprise them of any dangers to them or other employees. NOTE: If a contractor is bringing any chemicals on-site they must supply the DEM Safety Director with the applicable MSDS. 12 7.0 LOCKOUTITAGOUT OEM has a written lockoutltagout program that establishes the minimum requirements for the lockout or tagout of all energy isolating devices. It shall be used to ensure that the machines or equipment are isolated for all potentially hazardous energy, and locked out or tagged out before employees perform any servicing or maintenance activities where the unexpected energization, start-up or release of stored energy could cause injury. We require that all work being performed on any hazardous energy source be in compliance with 1910,147 and the OEM written lockoutltagout program. Before performing any work on OEM property, contractors and contract employees must: . Provide the OEM Safety Manager with valid training records (within the last 12 months) or a valid WACSC card, . Have all trained contract employees who will be involved in the job familiarize themselves with the OEM lockout/tag out procedures (OEM pre-construction meeting), :. Ensure that all trained contract employees have the necessary approved ~~t~g~u!j~es;.....Eacn oftlie contractor's employees must have thei~ pwn lOCKout lOCKS. Tnese locks must be c1earlYJ[1arked_wltiJ)h_e_e.mp..Loy_e,e~~ name! ~ 13 8.0 ELECTRICAL SAFETY-RELATED WORK PRACTICES Safety-related work practices covered by the electrical safety program include persons working on, near or with the following installations: . Premises wiring: Installations of electric conductors and equipment within or on building or other structures, and on other premises such as yards, parking, and other lots, and industrial substations, . Wiring for connection to supply: Installation of conductors on the premises, . Other wiring: Installations of other outside conductors on the premises. Contractors must provide minimum training to qualified contract employees who are permitted to work on or near exposed parts and be familiar with the following: . The skills and techniques necessary to distinguish exposed live parts from other parts of the electric equipment. . The skills and techniques necessary to determine the nominal voltage of exposed live parts. . The clearance distance specified for working on or near energized parts and the corresponding voltages to which the qualified contractor employee will be exposed. Qualified contract employees whose work on energized equipment involves either direct contact or contact by means of tools or material also must be trained concerning: . The capability of working safely on energized circuits. . Be familiar with the proper use of special precautionary techniques, . Required personal protective equipment. . Insulating and shielding materials, and insulated tools, Unqualified contract employee whose work may place them in an area where electrical work is being performed must be advised of the following: 14 . Where the work is being performed, . The type of work being performed, . How to distinguish lockoutltagout devices, . What the hazards are and how to avoid them. . Any personal protective equipment they may be required to wear. OEM will require a copy of the contractor's electrical safety-related work practices program before we will allow a contractor to perform any work on our property, The contractor must do the following: . Follow the lockoutltagout standard while performing any electrical work on OEM property, . Provide training records or valid WACSC card for qualified and unqualified contract employees if requested, ~ . Provide contract employees with the proper insulated equipment to perform the assigned task. . Provide the contract employees with the proper personal protective equipment. . Perform work in such a manner so as to not expose OEM employees to any hazard, . If the contractor and OEM employees are working on the same project coordinate with the activities to be performed so neither are endangered by the other group's work, . Have a valid CPR card from an established training agency (i.e. American Red Cross). 15 SECTION 9.0 FIRE PROTECTION/EMERGENCY EVACUATION 1, The emergency alarm/announcement method shall be: . Fire Alarm . Sprinkler System . Paging System . Voice Command 2. Upon discovery of a minor fire (incipient stage or a fire which can be contained by a portable fire extinguisher): . Pull the fire alarm, . Report the fire to your supervisor. . Alert others in the immediate area. . Use the nearest portable fire extinguisher, if safe to do so and you have been trained, 3. Upon discovery of a major fire: . Pull the fire alarm, . Report the fire to your supervisor (supervisor call 911) . Evacuate the area immediately, In the event of an evacuation: . Do not panic, . Shutdown equipment, if possible, . Proceed to the nearest EXIT, . Report to the DEM front gate. 4, Flammable and combustible liquids shall be dispensed by a pump or self- closing valve, 5. Never leave open containers of flammable or combustible liquids, oily and/or greasy rags in the Plant. 16 6, Flammable or combustible liquids shall be stored in appropriate closed containers or tanks, All containers of flammable or combustible liquids are to be properly labeled to indicate their contents, 7. As soon as fire extinguishers have been used, they shall be returned to the Materials Building for recharging and temporary replacement extinguishers put back in place 8, No material, equipment, or tools are to be stored in any location which blocks or obstructs free access to any fire-fighting equipment and its use. 9, No material, equipment, or tools are to be stored in any location which blocks or obstructs any escape route, , 10,AII fire extinguishers are to be inspected at least on a monthly basis, records kept, and faulty or missing equipment replaced as soon as possible, I, 17 CONTRACTOR AGREEMENT TO COMPL V I, , a representative of do hereby acknowledge that my company has received a copy of the guidelines governing contract work being performed on New Hanover County, Department of Environmental management property, It is agreed that as part of the contract my company and its employees will comply with these guidelines and all the written programs with apply to the work being performed. Signed: Contractor Date: 18 APPENDIX A CONTRACTOR INSPECTION FORMS AND NON-ROUTINE WORK PERMITS AND WAIVER FORMS '" ~ ~' 19 , BODY HARNESS INSPECTION CHECKLIST Inspected By: Date: Instructions: Q; Ol - 1, All parts of safety belt and attachments are to be ..c:: '" ..c:: ~ Qi - (IJ inspected for wear and damage, CIl Qj 0;- () CIl OJ Qi Iw- ro ro -0 -' OJ ~ C> ,., -0 -' 0 c c w g:c 2, This...J symbol is for YES or OK, 0 :c ~ ,., 0 ;:: a:l.~ CIl ]! Ol ..g -0 ,., 0 This x symbol is for NO or REPLACE, c Cii c _0. " CIl c :0 CIl ."- CIl 0 -"" -m (fJ .c ~ '" .~~ -' ~ rn ~ - 0: ~ c 3. To be inspected prior to any work beginning and OJ 0 () > 6 0 -= 0 '" returned in to OEM Safety Office, - ~ I t: ~ Qi OJ OJ (IJ () 0.. Employee Badge Number Mfg.'s Serial Name Number 20 SCAFFOLD PERMIT Project Name: Floor: Building Number: Room Number: Contractor: Scaffold Type: Date of Procedure: Time of Procedure: Safetv Belts Needed? I I Yes I I No Name(s) of Scaffold Erecto r s) Name Comoanv Name Comoanv If Scissors or Hi-Lift, Name of Operator Comments: Inspected Bv Competent Person: Competent Person (Print Name) Signature Company Date LOCATION: CONTRACTOR: DATE OF PROCEDURE: TIME OF PROCEDURE: NAME OF COMPETENT PERSON: DATE REMOVEO: 21 " , EXCA V A TION/TRENCHING PERMIT Project Name: Inspected By: Trenching Area: Title: Date of Procedure: Time of Procedure: Contractor Supervisor: Company Name: Purpose of ExcavationlTrenching Operation (Drainage, etc,): Classification of soil (Solid Rock, Tvne A, Tvpe 8, Tvpe C) Protective System (Tre~r~ Box, Wood Shoring, Sloping, Hydraulic Shoring, Other Trenching Excavation Depth I I Width Measurements: Not Yes No Reouired Is a ladder orovided inside the trench/excavation? Is excavate material stored 2 ft or more from edae of trench/excavation? Are employees exposed ta vehicular traffic? lit YES reflective tests are reauired) Are underground utilities and other structures protected? (Water, Gas, Sewer, Teleohone, Electric, et;,)' Is there a patential for hazardous atmosphere to exist? Oxygen deficiency - 19,5 or less / Flammable Limit - 20% of L.E, L Ilf YES, Refer to DEM Safetv Manual - Confined Space Entry) Are employees trained in the recognition and avoidance of unsafe conditions associated with trenchina/excavatina activities? Comments/Precautions: Approved By: OEM Signature Date I I " The approval must be given by a competent person. 22 SAFETY SURVEY AREA OF PROCEDURE: DATE OF PROCEDURE, Unsafe Acts/Conditions Observed During Survey Action T aken/Date Corrected Comments: 23 SAFETY TRAINING LOG DATE OF TRAINING: SUBJECT TRAINED: Name Date Name Date 1 26 2 27 3 28 4 29 5 30 6 31 7 32 8 33 9 34 10 35 11 , 36 12 37 13 38 14 39 15 40 16 41 17 42 18 43 19 44 20 45 21 46 22 47 23 48 24 49 25 50 Contractor Trained: Comments: 24 HOT WORK PERMIT INSTRUCTIONS 1, Manager/Supervisor: A. Verify precautions listed below. B, Complete and Retain PART 1, C, Issue PART 2to the person doina the work, SECTION A Location: WASTEC I LANDFILL I Permit #: RECYCLING PART 1 SECTION B Date: Gas Welder, Arc Welder, or Cutting Torch BuildinQ Location: Floor: Nature of Job: Welder's Name: The above location has been examined, The precautions checked on bottom of this page have been taken to prevent fire, Permission has been granted for this work. PERMIT EXPIRES: Date: Time: AM/PM Signed (Supervisor): Precautions within 35 feet of work o Floors swept clean of all combustibles D Flammable liquids removed; other combustibles, if not removed, protected with fire-resistive tarpaulins or metal shields D Explosive atmosphere in area eliminated D All wall and fioor openings covered D Combustibles moved away D Enclosed equipment cleaned of all combustibles D Containers purged of flammable liquids D Fire watch will be provided during hot work activities D Fire watch is supplied with suitable extinguishers, or small charged hose D Fire watch is trained in the use of this equipment and in sounding alarm o If welding in the crane bay area: . Has it been wet down? . Has the atmosphere been tested for oxygen and flammability levels? D Ifweiding in the basket of the JLG, or 6 feet off the ground, is fall protection used? o Has the area been barricaded off? D Is proper PPE being worn by the person(s) performing hot work? 25 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT CONFINED SPACE ENRTY PERMIT SYSTEM Time: Entry Date: Person Completing Permit: Location of work to be performed: Reason for entering confined space: Mark the appropriate column with an X y N N/A Is a "Dancer Confined Soace" sian oasted? 0 0 0 Have all valves, switches, ooeratina mechanisms and ener sources been lockedltaaaed out? 0 0 0 Have all ENTRANTS, ATIENDANTS, and ENTRY SUPERVISORS been trained? 0 0 0 Is venti latina eauipment necessarv to obtain accentable entry? 0 0 0 Is communication equioment necessarv and available for use between attendant and entrant? 0 0 0 Has adenuate linhtina been suoolied to allow a safe work area and allow a Quick exit in an emernencv? 0 0 0 Has the area been barricaded? 0 0 0 Is the confined space provided with equipment, such as handrails, needed for safe ingress and egress 0 0 0 bv authorized entrants? Is PPE beina used? If so what type? 0 0 0 0 Coveralls 10 Hard Hat 0 Gloves 10 Safety Eve Protection 0 Hearina Protection I D Safetv Harness 10 Lifeline 0 Rescue/Retrieval Enuipment 0 Snecial Rescue Gear: 10 Fire Extinauishers 10 Resoirator What are the notential atmosoheric hazards? 0 lack of O2 10 Dust 10 Carbon Monoxide 0 Hvdroaen Sulfide 10 Combustible/Flammable Gases 10 Other: What are the potential oh sical hazards? 0 Entranment 0 Enaulfment 0 Heat Hazards CJ Cold Hazards 0 Burn Hazards 0 Noise Hazards 0 Mechanical Hazards 0 Steam 0 Conaestion 0 Uncontrolled Enemv 0 Walkina Hazards 0 Other: EMERGENCY NUMBERS X-4343 Contral\ 1 X-4504 (Safetv\ 1 X-(Shoa) X- Maintenance) X-(OOOratians) I X- (Plant Mar,) I X.4340 (Main T 9-911 (Emeraenev) Confined Space Rescue Team on Shift 0 Maintenance 0 A-Shift 0 B-Shift 10 C.Shift 0 D-Shift 0 Landfill EQUIPMENT CALIBRATION Tvae & SIN Date Calibrated By ATMOSPHERIC TESTING Date %Oxvaen %lEl CO (PEL - 50 PPMl H,S PEL - 10 PPM\ 1. 2. 3, 4, 5, 6. Note: Test: 1, At the toa of the saace 2. At the center of the space. 3. At the bottom of the soace. Permit renuired confined s aces are to be tested everv two hours. PRE-ENTRY BRIEFING (To be completed for all Confined Spaces) Has the attendant been desianated? D YES I D NIA Have all emnlovees been trained? D YES Have the hazards of the work been exnlained? D YES Has the means of communication been established and exolained? D YES Has the means of emergencv resoonse/rescue been established and exolained? D YES 26 AGREEMENT FOR USE OF NEW HANOVER COUNTY EQUIPMENT This Agreement must he read carefully and signed by tbe undersigned prior to entering, and in consideration of being permitted to use any equipment owned by New Hanover County (hereinafter "County Equipment") in and around the W ASTEC facility, EACH OF THE UNDERSIGNED, for himself/herse1f and any entity or person helshe represents, whether as an employee, agent, contractor, owner or otherwise, and hislher/its personal representatives, heirs, and successors in interest, expressly acknowledges, agrees, warrants aDd represents that: I. He/she will, prior to the use of any County equipment, inspect such equipment Histher use of said equipment, if any, constitutes an acknowledgment that he/she has so inspected such equipment and that helshe fmds and accepts the same as being safe and reasonably suited for the purposes of hislher use and the use of the equipment, including vehicles, If, at any time, helshe is using county equipment and he/she feels anything to be unsafe, he/she will immediate cease using the equipment and will immediately advise the applicable employee/personnel of such perceived unsafe situation and will not use the equipment until the cause for concern has been addressed. 2, He/she HEREBY RELEASES, WAlVES AND DISCHARGES ANY CLAIMS AGAINST, AND COVENANTS NOT TO SUE, Ca) New Hanover County and each its directors, officers, agents, employees, and affiliated entities and persons C collectively referred to herein as the "Releasees"), from and for any and all liability , loss or damage, and any claim or demands therefor on account of injury to the undersigned, any entity or person helshe represents and hislherlits personal representatives, heirs, and successors in interest or to any property or person or living thing brought by or on behalf of the undersigned, or any entity or person he/she represents, in conjunction with the use of County equipment, whether such liability, loss or damage is caused by the action, omission, negligence, or gross negligence of the Releasees or otherwise. 3, Helshe HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS, AND REIMBURSE. THE RELEASEES and each of them from and for any loss, liability, damage, or cost (inc1uding'reasonab1e attorneys' fees) that the Releasees may incur due to use by the undersigned, or any person, property, or living thing brought by or on behalf of the undersigned, or any entity or person he/she represents, of County equipment, including, for example, damage to the equipment or facilities of the Releasees and the cost of cleanup for any lubricant spills, whether caused by the actions or inactions, including negligence and gross negligence, of any of the Re1easees or otherwise, 4, He/she represents by his or her use of said equipment that he or she has obtained the necessary and appropriate training and is capable of using said equipment in a safe manner. 1 27 5, He/she HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF BODILY INJURY, DEATH, PROPERTY DAMAGE, INCLUDING VEHICLE DAMAGE OR FAILURE, TO, himself/herself and any entities or persons he/she represents resulting from the actions or inactions, including negligence and gross negligence, of any of the Releasees or otherwise, in conjWlction with hislher use of COWlty equipment. In stating the above, each of the Wldersigned hereby expressly acknowledges that bodily injuries received or damage to property or vehicles may be compoWlded or increased by negligent rescue operations or procedures of the Releasees, 6, He/she expressly acknowledges and agrees that the foregoing release, waiver and indemnity provisions are intended to be as broad and inclusive as is pennined by law of the state in which the activities, including tests; classes and demonstrations, are conducted, and that ifany portion of this Agreement is held invalid, it is agreed that the balance of the Agreement shall, notwithstanding, continue in full legal force and effect. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS CONSENT, RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE, This Agreement shall continue in perpetuity, (If any of the Wldersigned is WIder the age of eighteen (18), a parent or legal guardian of such undersigned must also sign this Agreement, and in so signing executes this Agreement for himself and such minor,) SIGNATURE PRINTED NAME Date: 2 28 NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP p, BURPEAU Deputy County Attorney SHARON J. HUFFMAN Assistant County Attorney November 12,2008 McKim & Creed, P A Attn: A, R. Rubin Venture IV Building 1730 Varsity Drive Raleigh, NC 27606 RE: New Hanover Contract # 09-0166 Dear Mr. Rubin: 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, 'ft\cu-~ ~~~ Margaret Dunlap Administrative Support Specialist Office of the County Attorney Enclosure 230 Government Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 - Fax: 910-798-7157 www.nhcgov.com ~. ~ -. .~lIII\IIIllft\. ~~~.. ~....... TlI ~. 'l1~'Y.-<~~j~h_ .~m~~~ Ao,,.,t~. 'il~'~ ~ 1.1" . I I; I. \ I " I j ~ ! - "I" ~ ~ } J h '.I I I r'~' f . ( /~ew Hanover County Routing Slip,? co ~D!J(.)D- Contract # ~v 1- () Ii () (() , Department Acct. #'1 Dc, l 0 , 1,1 o\~ ~ ': 1 ~~s, (~r-. - vJ^-- Date In -~~ - ()'b (' (i. ~Lc c\ JI~ \, \ " ~C\:f;:rt \~ ~,:8":':" _~.J_~:"";__-'-'-~~~:""'_"""~-",,",_~' ,_._'J.,;c -~J" "~ To:..,.... Grants Coordinator 1- l12..- Finance Director ,-.-'"" \ GJ County Manager A" Commission Chairman (,';?)Clerk to the Board ~ T""j\ 7'.2/Risk Manager 5 County Attorney From: Legal Dept. '. \\,' ~ '-"\ \( I \\ I \"\ Re: .,;.....l Initials Date -I 0/---c::,U/ 6S: //I~ /Oe , I " A-..... ~- (.' ,tA....AA - ~ --11 \:,\b ~ IO-.....)~-OR' \ \ \ ~d 01'" I (, . i ( Contract for/Dept.! Ill. / . 0",.: \.(7 "......'(/1 rY"I ~~c:ntraMt~' 7.-. .i'C,,>.;- .,.k.':;,,;...;.;.ii<.....____,J;.._~,,;..:..:~ ;:t:;..",.-,.;,~ u,'.c.., ~',"~~f<',-'. i(1' ~, .;,'~;..~