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HomeMy WebLinkAbout2016-537-E Solid Waste - Kessler Consulting, Inc. for waste characterization study DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B [Departmental Use Only] TITLE FY NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 21st day of September, 2016, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Kessler Consulting Inc., (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Waste Composition Study. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 6/16 1 DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): See Scope of Work, Attachment A. 4. Duration of Services a. Term. The term of this Agreement shall be from September 21, 2016 to June 30, 2017. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in Revised 6/16 2 DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be September 21, 2016. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed Fifty-Nine Thousand Nine Hundred Dollars ($59,900). Payment for Basic Services shall become due and payable within thirty(30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated(Gayle Wilson) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity Revised 6/16 3 DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. Revised 6/16 4 DocuSign Envelope ID:B08E3DDA-6A84-496A-9141-79CF798AEA7B 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147- 86.58. c. Anti-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. Revised 6/16 5 DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: Orange County Provider's Name Attention:Gayle Wilson Kessler Consulting P.O. Box 8181 14620 Nebraska Ave, Bldg B Hillsborough,NC 27278 Tampa, FL 33613 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 6 DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: a—DocuSigned by: , DocuSigned by: By: 1ja��,A,it. R'abw�W s(,t By: ..ik L, ksstt r Cou O�pl4 7 0949CEBDE1394C9... Mitch Kessler, President Printed Name and Title Revised 6/16 7 DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B ATTACHMENT A SCOPE OF SERVICES kessl,ilr consulting inc. innovative waste sollutions September 19, 2016 Blair Pollock Solid Waste Planner Orange County Solid Waste Management PO Box 17177 Chapel Hill, NC 27516 RE: Proposed Scope of Work—Waste Composition Study for Orange County, NC KCI Project Number 99-90 Dear Mr. Pollock: Kessler Consulting, Inc. (KCI) is pleased to submit this proposed scope of work to Orange County (County)to conduct a two-season Waste Composition Study(WCS) of waste generated within the County for disposal. The purpose of the WCS is to provide useful information regarding the types and percentages of various materials, including recyclable materials, currently being disposed to compare with previous study data and to assist in developing future solid waste and resource management programs. The WCS will include waste generated within Samples will be pulled and sorted for three the following jurisdictions: generator sectors: • Chapel Hill • Single-Family Residential • Hillsborough • Multi-Family Residential • Carrboro • Commercial • Unincorporated County • University of North Carolina (possibly included) KCI proposes to conduct two,five-day sorting events, one in the fall and the other in the spring. This scope of work assumes that the County will assist with or arrange for the items listed below. We are happy to discuss and adjust these assumptions as needed, and modify this scope of work accordingly. (1) Coordinate with staff at the municipalities and the University of North Carolina (UNC). (2) Initiate dialogue between selected private local hauler(s) and KCI staff. (3) Work with Waste Industries to secure a location of sufficient size to conduct the sorting event and use of a bobcat/loader and operator for pulling samples at the transfer station. (4) Assist in coordinating the rerouting of any target vehicles to the transfer station. Provided below are the tasks and activities envisioned to complete the WCS and provide statistically valid results. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 14620 N. Nebraska Ave.,Bldg.D, 1ampa„I:::L 3367.3 I Tel:81.3.971,8333 I Fag:813,971.8582 I www.kesc..on,sult.corn fi vgy, dl.;'uInii/01,10 a",iUrih'y„Ih111u i 5ui�.i:�� ;ui'rY:'d1�'1�'0: wow, DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B Blair Pollock Orange County, NCI 09/19/2016 I Page 2 of 3 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Task 1—Data Review and Development of Sorting Event Protocols and Schedule • Submit to County staff a list of information needs regarding the waste streams targeted by this study. Information needs include, but are not limited to,the following: o FY 2014-15 and FY 2015-16 tonnage information by jurisdiction (Chapel Hill, Carrboro, Hillsborough, Unincorporated County, and UNC) and generator sector(single-family, multi-family, and commercial), as available. o Entities collecting solid waste in each jurisdiction, including contact information. o Collection schedules and number of routes run each day for each jurisdiction. • Communicate with County staff regarding sort logistics, including sort location, equipment needs, collection of samples, and local labor. The selected sampling and sorting areas should have a paved or packed surface and preferably a covered area under which the sorting will occur. KCI will provide a tent if needed. • Participate in one site visit prior to the first sorting event to view the sorting site and communicate with onsite staff regarding the logistics of the study and the need for a loader and operator to pull samples at the direction of KCI's Field Supervisor. • Develop a list of material categories, ensuring that these categories are consistent with the County's objectives and can be compared with results of previous composition studies. • Develop a sampling and sorting protocol, sampling schedule, and site safety plan for review and approval by County staff. A preliminary site safety plan has been provided to the County; however, this plan may be revised to meet all location-specific requirements. • If deemed appropriate, develop information packets and truck placards for distribution to each municipality/hauler in advance of the sorting event. Municipalities/haulers will in turn be asked to distribute the placards to selected vehicles for easy identification at the transfer station. • Review and discuss the above items with County staff and make any necessary modifications. Task 2—Conduct Sorting Events • Mobilize for the sorting event, including obtaining the necessary equipment and arranging for labor. • Provide a Field Supervisor, Sort Supervisor, and locally contracted laborers for the event. • Oversee the pulling of representative samples from targeted vehicles. Specific work hours will depend upon facility operating hours and typical waste delivery patterns. Representative samples of at least 200 pounds will be pulled from each selected incoming load. Samples will be transferred to the sorting area and stored on tarps until sorted. • Manage sorting activities. All samples will be sorted into the material categories identified in Task 1 and weighed. It is anticipated that approximately 45-50 samples will be pulled and sorted during the five-day sorting event. To ensure quality and safety, KCI will conduct a training session prior to starting work each day to review safety and sorting procedures. • Conduct the second sorting event following the same protocols and methodologies utilized during the first event. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Ikesslleur c nsulting inc. innovaf:ive waste solutions 111 i/o i Huif y 1%11,'�+r,�ii±r�" DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B Blair 1='ollock,Orange County, NC 1 09/19/2016 I Page 3 of.' ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Task 3—Analyze Data and Prepare Final Report • Analyze the data from the first sorting event to calculate the percentage by weight of each material category for each generator sector and for each jurisdiction. KCI will also calculate 90 percent confidence intervals. Data analysis will follow industry-accepted standards for statistical analysis as outlined in the ASTM Standard Test Method for Determination of the Composition of Unprocessed Municipal Solid Waste (D5231-92; reapproved 2008). • Prepare an interim technical memorandum summarizing the results of the first sorting event. • Analyze the data from the second sorting event to calculate the percentage by weight of each material category for each generator sector and for each jurisdiction. KCI will also calculate 90 percent confidence intervals. • Calculate annual results by combining the results of the two sorting events. • Prepare a draft report summarizing the results of both sorting events. • Review the draft report with County staff. • Revise and finalize the report based on comments from County staff. Deliverables • Material category list, sampling schedule, sampling and sorting protocol, and site safety plan (transmitted electronically). • Draft and final study report (transmitted electronically with hard copies available upon request). • Participation in audio or video conference calls as necessary. Estimated Budget and Timeline KCI proposes to conduct this scope of work for a lump sum of$56,900 for a study targeting 45 samples per sorting event. Should the County opt for a study targeting 50 samples per sorting event, KCI proposes to conduct this scope of work for a lump sum of$59,900 to allow for additional labor and supplies. KCI will submit monthly invoices with a written explanation of activities completed that month. Payment is due upon receipt of such invoice. KCI will work with the County to identify an appropriate timeline for the WCS and dates for the sorting events. We anticipate conducting the first sorting event in October 2016. We would be happy to discuss this proposed scope of work with you and modify as needed to meet your objectives and budget. We appreciate the opportunity to submit this proposal and look forward to working with you on this important project. Please do not hesitate to contact me if you have any questions. Sincerely, Kessler Consulting, Inc. f��r Mitch Kessler President ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Ikessier c nsulting inc. innovative waste solutions gy, [OH fl v,1",11 +r,uii�,ry"�nniii7�VVM , , ili�, DocuSign Envelope ID: BO8E3DDA-6A84-496A-9141-79CF798AEA7B DATE(MM/DD/YYYY) A�T IJ CERTIFICATE OF LIABILITY INSURANCE 3/3/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sandi Ricard, CIC NAME: Lassiter-Ware PHONE/ o ExtC (800)845-8437 (a//� No): (888)883-8680 1300 N. Westshore Blvd. E-MAIL ADDRESS:SandiR @lassiter-ware.com Suite 110 INSURER(S)AFFORDING COVERAGE NAIC# Tampa FL 33607 INSURERA:Phoenix Insurance Company 25623 INSURED INSURERB:Travelers Indemnity Company 25658 Kessler Consulting, Inc. INSURERC:Travelers Casualty & Surety Co 19038 14620 N. Nebraska Avenue INsuRERDAdmiral Insurance Company 24856 Building D INSURER E: Tampa FL 33613 INSURER F: COVERAGES CERTIFICATE NUMBER:16/17-All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED , A CLAIMS-MADE X OCCUR 300 000 PREMISES(Ea occurrence) $ 6806C779035PHX16 3/7/2016 3/7/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA6C56262116GRP 3/7/2016 3/7/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ Medical payments $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 CUP6C7794891647 3/7/2016 3/7/2017 $ WORKERS COMPENSATION x 1 PEATUTE 1 ...1 EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory in NH) XAUB4210T58A16 3/7/2016 3/7/2017 E L D I S E A S E E A E M P L O Y E E $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ 1,000,000 D Professional/Pollution FEIECC1953702 3/7/2016 3/7/2017 EACH OCCURRENCE $2,000,000 CLAIMS MADE AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Bidding Purposes Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C/o Kessler Consulting, Inc. ACCORDANCE WITH THE POLICY PROVISIONS. 14620 N. Nebraska Avenue Building D AUTHORIZED REPRESENTATIVE Tampa, FL 33613 ;' P Schmaltz/SANDIR --mac`+12-ccslw a,, s„_ n r ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B I IlPi kessier consulting iI . irtrr it a r al arta,rerarIlaa.t,taNu Iforaa; Orange County, North Carolina 2016-17 Waste Composition Study SITE SAFETY PLAN / ''''''I'''\''„,1J''','Ic''',1"),'''`i?'''''',')'''I'''''''''O''''')))11,'''''''/HI'"1)('''1)))1)i i'liiiIIIIIIIII//////61// „j4s, $i,,t,#,?Iiip / ,,,,,,,,,o11,(,, .,i,ti, ra�MulWa'�' °. � g �G p/ / a,i(0�Pl,00,0„,,,,11f"ii ,/.0,, . III 1 l� /////%//1i///////Vii ,,?�/ i ` IIIIIIIIIIIIIIIIIIIIIIII i 1,1oll10111101111111101oo ,ito\,,,, fi //// ,w 1 1,1,1 , 1 , II 00000000Joil 11111111000000 /1 (/,40 1 f l/lipilli 1 I 0 I 1011001 HI\ 111111111 1111 I Di / ( r Gl.;,, ,iPf, 11, ■1 11 n 1 1 p DI 7 1,0 so 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 h lo 0 0 0 0 0 01111 lioill 0 i ii,,,r/,,,,,, p )11111111111111111111111111111111,ii 011 10, IV' if( 10111 IIIIP°1 r,Ur r .;'''''''''''''' . '''f11,// 1 'f,,,; '^ ,,,,,r,, i 1 , 1111111 ■ItIri(,% 1 11 '',,i i 11 rf i , a 11,11) 1.11 f i 1 II , 11 t* 1111111111111 olloloillill IV ,11[11111111111111111111111 pTiiiiiiiiiiiiill'ill'ill'ill'll'411(/,,/ l',/ x/ ,',i%1100IIIIIII 1150 1116pIppoopi iloyIlly,p1110 01 1111111 ,,ii! '`",;!.(1,6,,,„000000 DV 11111100000000001 0001 / 1,1, 1l/ 1011111011111111010111111,011 , poll II I 1 /11! 1 1001000000 00 001° I 100000001111011110 HI If 01,1001 110 111111 0 01000011 1 10001000011111 01 10,010,0101,11011111111111111111111111011111111111111100 Iii10,001111111 111 :1,, 1 II Hi 111 11111 1010000 111 000010100011111111111100000000000000010 11 11 ,IIII 0000 Ilk III Ilo IIII1001 11 II■'1111111111110 II IIIIIII1 Prepared for Orange County Solid Waste Management PO Box 17177 Chapel Hill NC 27516 Prepared by Kessler Consulting, Inc. 14620 N. Nebraska Ave., Bldg. D Tampa, Florida 33613 August 2016 Printed on Recycled Paper DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B Orange County 211 1,.6.-17 Waste Composition Site Table of Contents Section Page 1.0 POTENTIAL SORTING HAZARDS 1 2.0 SAFE SORTING PROCEDURES 2 2.1 Universal Precautions 2 2.2 Engineering and Work Practice Controls 2 2.3 Personal Protective Equipment 3 2.4 Proper Housekeeping and Handling of Waste 4 2.4.1 Inhalation, Ingestion, or Direct Skin Contact with Hazardous Substance 4 2.4.2 Puncture Wounds from Contaminated Items 5 2.4.3 Injuries Involving Moving Vehicles 5 2.4.4 Sprains and Strains 5 2.4.5 Heat Stress 5 2.4.6 Noise 8 2.4.7 Trips, Slips and Falls 8 2.4.8 Fires 8 3.0 BACK SAFETY 9 4.0 EMERGENCY PLAN 10 5.0 SMOKING, DRINKING, EATING POLICY 10 6.0 DAILY TRAINING 10 7.0 CONTACT LIST 11 Ikesslleir consulting inc. WCS\Planning\Site Safety Plan innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B SECTION .f POTENTIAL SORTING HAZARDS Waste characterization studies pose potential health and safety hazards. Sorters may encounter hazardous materials such as pesticides, herbicides, solvents, paints, explosives, hypodermic needles, and broken glass. While the quantity of hazardous material that sorters may encounter during waste studies is relatively small,the potential health and safety risks associated with some types of waste can be significant. The hazards most frequently encountered in sorting and evaluating solid waste include the following: • Hypodermic needles and other sharp objects; • Sprains and muscle strains from heavy lifting; • Inhalation of, ingestion of, or direct contact with hazardous substances; • Puncture wounds; • Injuries involving moving vehicles; • Heat stress; • Noise exposure; • Slips, trips, and falls; and • Fires. All hazards should immediately be brought to the attention of the Sort Supervisor. If the potential exists for worker injury, the Sort Supervisor will clear the area. Any occurrence that cannot be handled by the Sort Supervisor will immediately be brought to the attention of the Facility's onsite Supervisor, who in turn will notify local response agencies as appropriate. Such occurrences include, but are not limited to, any spill that is large, emits an odor, foams, or otherwise appears unstable; fires; bombs; or personal injuries requiring medical attention. All contact names and phone numbers can be found in Section 7.0, Contact List. Ikesslleir consulting inc. WCS\Planning\Site Safety Plan Page 1 of 11 innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B SECTION .f SAFE SORTING PROCEDURES The risks associated with waste studies can be minimized by carefully following safety guidelines. The following plan presents procedures designed to minimize the risk of injury to participants in a solid waste sorting event. The plan considers the following four categories of safe sorting procedures: • Universal Precautions, • Engineering and Work Practice Controls, • Personal Protective Equipment, and • Proper Housekeeping and Handling of Waste. UNIVERSAL PRECAUTIONS All waste should be handled as if it were hazardous. Sorters should not: 1) allow waste to contact bare skin, 2) inhale waste, or 3) handle waste without wearing personal protective equipment and practicing the proper procedures outlined in this plan. The Sort Supervisor will be responsible for ensuring that the sorters wear the appropriate equipment and follow safe sorting procedures. A First Aid Kit and fire extinguisher will be located on the equipment table at all times during the sorting event. The Sort Supervisor is certified by the American Red Cross to perform First Aid, CPR and use an Automated External Defibrillator (AED) should the need arise. IENGINEERING AND vv, K ' I CONTROLS • Containers or other items weighing more than 25 pounds should be lifted on and off the scales by two sorters. • The Sort Supervisor is responsible for opening all bags of waste to be sorted. Plastic bags should be grasped at the top and ripped open with scissors or a grapple (hand rake) at a point sufficiently distant from the contents to avoid hand injuries from sharp objects. • Sorters should step around solid waste when sorting on tarps to avoid slipping and falling. Ikesslleir consulting inc. WCS\Planning\Site Safety Plan Page 2 of 11 innovative waste solutions DocuSign Envelope ID:B08E3DDA-6A84-496A-9141-79CF798AEA7B • Sorters must not wear contact lenses during sorting activities since, in the event of a chemical spill, chemicals can become trapped behind lenses causing serious eye injuries. • Tongs and hand rakes should be used to separate and remove all objects from waste sample. m I L P PROTECTIVE lEimUIP f M ENT Sorters'clothing should be selected to provide maximum protection from the risks associated with hazardous waste. Important safety clothing items include: • Over-the-ankle boots (hard plastic shanks and steel toes recommended); .Q • Tyvek® or poly-lined coveralls; • Cotton work clothes, including long trousers (not shorts) worn under coveralls; • Chemical-resistant outer gloves; • Inner liner gloves to ensure that no solid or liquid waste contacts the hands when putting on and removing the outer gloves; • Safety glasses or face shields; • Safety vest; • Hard hat (if necessary); • Filter masks (optional); and • Ear plugs (optional). Sorters are responsible for providing their own cotton work clothes and safety boots. All other safety equipment will be provided by Kessler Consulting, Inc. Safety and protective equipment worn during sorting activities must not be worn off the site to eliminate the possibility of contaminating sorters' automobiles and homes. The Sort Supervisor will ensure that personal protective equipment is worn at all times during waste sorting activities. Natural fiber clothing such as cotton should be worn under poly-lined coveralls during warm weather to reduce the risk of heat stress. Synthetic materials,which do not absorb moisture, can prevent the cooling effect of perspiration evaporation. For added protection against cuts, bruises, and puncture wounds, sorters must wear long trousers, not shorts, under protective coveralls. Ikessll it consulting inc. WCS\Planning\Site Safety Plan Page 3 of 11 innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B 2.4 PR II r USEKEEPING AND HANDLING If any biohazardous or hazardous waste is encountered or suspected, only the Sort Supervisor is authorized to carry out proper hazardous waste disposal procedures. Biohazardous waste will be placed in a plastic bag, tied, weighed, and recorded as medical waste. The Sort Supervisor will notify the Facility's onsite Supervisor that biohazardous waste has been received. 2„A.1. IV in l � i u i�� Ingesti n, or Direct Skin C Int ct with it hs us Su was s To minimize risk of infection through ingestion, inhalation, or direct contact with hazardous or infectious substances,the following activities are prohibited on site and until hands and forearms are thoroughly washed with soap and water or waterless cleansing lotion: eating, drinking, smoking, and applying lip balm or lotion. The most likely routes of exposure to infectious or hazardous substances are ingestion and inhalation. Exposure by ingestion can be controlled through proper work practices(i.e., no eating, drinking, or smoking while sorting) and good personal hygiene (i.e., control of hand-to-mouth activity while on site). Exposure by inhalation can be reduced through proper use of filter masks. Direct skin contact with hazardous substances can be controlled by proper hand washing practices and by consistent use of coveralls, gloves, boots, and other personal protective equipment. If a hazardous substance comes into contact with skin, the area should be flushed with water and appropriate medical care should follow. Sort Supervisor will direct affected sorter(s) to the facility's shower area, should it be needed. Eyes are particularly vulnerable to caustic dusts and vapors. Safety glasses or face shields must be worn to reduce the risk of eye injury. Contact lenses must not be worn during sorting activities due to the potential hazards of dust and chemical exposure. Precautions should be taken to ensure that sorters do not generate unnecessarily high levels of dust in the air while sorting. Sorters should not open unidentified containers that may expose their eyes,skin, or lungs to vapors,dusts, or mists. If eyes are exposed to a hazardous substance,the eyes should be flushed with water for 15 minutes and appropriate medical care should follow. An eye wash kit will be available in the First Aid Kit or the Sort Supervisor will direct sorter(s) to the location of the facility's eye wash station. Ikesslleir consulting inc. WCS\Planning\Site Safety Plan Page 4 of 11 innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B 2.4/ Puncture unli from nt min it ms Waste materials may contain broken bottles, hypodermic needles, medical wastes,and other sharp objects that can cause puncture wounds. Gloves, safety shoes with steel shanks, and proper handling will reduce the likelihood of puncture wounds. Small cuts must be cleaned immediately with antiseptic and bandaged by the Sort Supervisor to reduce the risk of infection. To reduce the risk of slipping and falling onto sharp objects, no one is permitted to step on or over waste samples. To protect hands from puncture wounds, small hand rakes should be used to separate and remove dangerous items from waste samples. 2.4.3 inj rks nvoiving [\J lying Vehic es The Sort Supervisor will supervise the delivery of waste samples to the sorting area and ensure that all sorters are at least ten feet from the delivery equipment. Delivery vehicle operators are instructed in advance to deliver samples only under the supervision of the Sample Supervisor. Only authorized delivery vehicles will be permitted in the sorting area. All sorters, except the Sort and Sample Supervisors, are restricted to the immediate area around the sorting table. The Sample Supervisor will secure hauler load data directly from the delivery vehicle drivers. 2. .4 S 101 rains a i°l ' r ins Each waste sample weighs approximately 200 to 300 pounds, and sorting activities involve manually moving the material several times before it is finally discarded. To avoid back and muscle strains,samples should be raised and lowered as few times and for as short a distance as possible. Bags, baskets, and other objects weighing more than 25 pounds should be lifted by two or more sorters or divided into smaller loads, if possible. 2..4 .5 t Stress Poly-lined coveralls,which do not absorb moisture, interfere with the cooling effect of perspiration evaporation and may increase sorters'vulnerability to heat stress. A sorter's ability to resist heat varies from day to day. Sorters who are well rested, in good health, and mentally prepared to do the work are best able to tolerate work in hot environments. If sorters are tired, not feeling well, Ikessll r consulting inc. WCS\Planning\Site Safety Plan Page 5 of 11 innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B taking certain medications such as antihistamines,alcohol, psychotropics,cocaine, phenophiazines, or antichlolinergics, their ability to tolerate heat is decreased. Long exposures to high temperatures may cause fatigue, headache, increased irritability, lowered morale, increased anxiety,and decreased efficiency. Any sorter who is experiencing heat stress or who suspects that another sorter is, should notify the Sort Supervisor immediately. Further exposure to heat may decrease heat stressed sorters' ability to maintain normal body chemistry and temperature levels and may result in heat cramps, heat exhaustion,or heat stroke. Sorters should be able to recognize and treat heat stress. Symptoms, first aid procedures, and preventive measures for heat stress are presented below. The Sort Supervisor will provide breaks throughout the day. During these breaks,water and other drinks will be provided to all sorters in an effort to increase hydration and avoid heat-related accidents. HEAT CRAMPS Symptoms: The sorter's body temperature is normal, but the sorter experiences painful spasms in the muscles of the back,abdomen,arms,and legs. These cramps may occur after long exposure to excessive heat during which the individual perspires excessively and loses body fluids and salt. First Aid: Give the sorter drinking water or Gatorade in small amounts every few minutes and transport to the nearest medical facility for follow-up medical care. Prevention: Drink plenty of water or Gatorade and increase salt with meals. However,since salt may affect other medical conditions, sorters should consult their personal physicians before increasing their salt intake. HEAT ' IR II Symptoms: The sorter may experience fatigue, headache, feelings of nausea, and vomiting. Perspiration is profuse and clothes are soaked. The skin feels clammy and moist. Mouth temperature may be normal or even below normal. Ikessieir consulting inc. WCS\Planning\Site Safety Plan Page 6 of 11 innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B First Aid: Cool the sorter by fanning and/or applying wet cloths. Keep the head down, give drinking water or Gatorade in small amounts every few minutes, and promptly transport to the nearest medical facility for follow-up medical care. Prevention: Same as for heat cramps. HEAT STRItKE CAUTION: Heat stroke is a serious and potentially fatal heat disorder. Heat stroke may not be preceded by heat cramps or heat exhaustion. If symptoms of heat stroke are observed,call 911 immediately and notify Facility's onsite Supervisor. Symptoms: The sorter may experience dizziness, nausea,severe headache, hot dry skin with no sweating, very high body temperature, confusion, collapse, delirium, and coma. First Aid: Immediate action should include maintaining the airway if the affected sorter is unconscious and cooling body temperature by whatever means are at hand. Body temperature can be effectively lowered by spraying the sorter with a water hose, drenching the sorter with a bucket of water, or wrapping the sorter in a wet blanket. If possible, place the sorter in a cold shower. Take the sorter's temperature every ten minutes,and do not allow the temperature to fall below 101 degrees (F). Prompt transportation to the medical facility is absolutely essential; this is a life-threatening condition. Remember, speed is critical. Prevention: Shield sorters from the direct sun. If working outdoors, open tents may help. Additional breaks may be necessary on hot days. Provide an adequate supply of drinking water or Gatorade. Sorters should increase water intake, even if they are not thirsty. Salt tablets should be avoided. Shaded rest areas should be provided for breaks and for lunch. Instruct sorters to notify the on-site Supervisor at once if they suspect symptoms of heat stress. Sorters should wear light cotton clothes, which are better than synthetics for increasing moisture evaporation and thus maximizing cooling effect of perspiration. Rotate sorters from heavy work to light work frequently. Ikessieir consulting inc. WCS\Planning\Site Safety Plan Page 7 of 11 innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B N*ise If working close to heavy equipment, high noise levels may pose a risk. Earplugs should be provided to protect sorters' hearing and should be worn while working in noisy areas. Earplugs are designed to permit spoken communication while filtering out ear-damaging frequencies. Sorters who wear hearing protection will be less tired at the end of the day than those who do not wear ear protection. m ' hiu t s, Trips „y in „ IDs The sorting area can become slippery for a variety of reasons. While sorting,sorters should refrain from walking to the other side of the table to place material in a container. Instead, the material should be given to a person who is on the other side of the table so that they can place the material in the appropriate container. This procedure will save time and reduce the risk of accidents. Fires No smoking is allowed in the sorting area to avoid the chance of fire. In the event of a small fire in sort area, it should be extinguished using the fire extinguisher located on the equipment table. Sort Supervisor will then notify the Facility's onsite Supervisor. In the event of a larger facility fire, all sorters will immediately stop sorting activities and follow the direction of the Transfer Station Manager and workers. Ik ssier consulting inc. WCS\Planning\Site Safety Plan Page 8 of 11 innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B SECTION .f BACK SAFETY Sorters should avoid lifting objects that weigh more than 25 pounds. Two people should lift all objects heavier than 25 pounds. When lifting, the following guidelines should be followed: • Maintain the three natural curves of the spine by keeping the head and chest high,the chin tucked in, and the back arched to maintain the natural hollow in the lower back. • Bend the hips and knees. • Assume a diagonal stance (one foot ahead, one foot behind)to maintain a wide, balanced base of support. • Keep the abdominal muscles tight when lifting to help take pressure off the spine. • Consciously lift with the legs. Straighten knees and hips at the same time while keeping stomach muscles tight so that the strongest muscles of the legs do the work. • Move smoothly in a well-planned, deliberate manner. Be certain of good foot traction and good grip on the object. Do not jerk the load since jerking increases stress on the back. • Avoid twisting when lifting. Twisting increases stress on the spine. Lift straight and then turn the entire body if a directional change is necessary. Pivot on the feet, not at the waist. • Ask for help in lifting heavy, large objects or those weighing more than 25 pounds. Waste samples are sorted on a table to eliminate excess stooping and bending by the sorters. The Sort Supervisor will encourage stretching exercises in the morning and periodically throughout the day to avoid strains and relieve stiff muscles. Ikesslleir consulting inc. WCS\Planning\Site Safety Plan Page 9 of 11 innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B SECTION r fS EME ", GE CY P LA In case of emergencies or hazardous weather conditions, the Sort Supervisor will work with the Facility's onsite Supervisor to direct sorters to a safe location until the sorting area is again safe. Unless otherwise directed by the onsite Facility Supervisor, the closest enclosed building to the sorting site will serve as an emergency shelter for sorters. sECTION .'4 SMOKING DRINKING EATING POLICY No smoking or gum chewing is permitted at the sorting site. No eating or drinking will be allowed during sorting. Hands must be washed with antiseptic wipes or soap and water before eating and/or drinking. SECT I ON 6.0 DAILY TRAINING Prior to beginning the day's sorting activities,the Sort Supervisor will lead the sort crew through a brief training session to ensure that all sorters are properly prepared and informed. The daily training agenda includes a thorough explanation of the safety equipment that must be worn and procedures that must be followed. Any worker who does not follow site safety procedures will be asked to leave the sorting event and will be replaced. ke slleir consulting inc. WCS\Planning\Site Safety Plan Page 10 of 11 innovative waste solutions DocuSign Envelope ID:BO8E3DDA-6A84-496A-9141-79CF798AEA7B sEcTION .f CONTACT LIST County Contacts Office Line Cell Phone Blair Pollock (919) 968-2800x 206 Cony. Centers Contact TBD Q Q • Gayle Wilson Other City Contacts Chapel Hill TBD Q Carrboro TBD Hillsborough TBD _Q Hauler Contacts Waste Industries Facility Contact TBD Q• Waste Industries Route Contact Waste Management Route Contact TBD Republic Route Contact TBD Other Other Other Kessler Consulting Robin Mitchell Project Manager (813) 971-8333 (813) 924-0074 Shane Barrett Sort Supervisor (813) 971-8333 (727) 251-3799 Ben Larochelle Sampling Supervisor (813) 971-8333 (813) 751-9409 Temporary Labor TBD Ikessieir consulting inc. WCS\Planning\Site Safety Plan Page 11 of 11 innovative waste solutions