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Home My WebLink About2010-014 Solid Waste - Central Carolina Tire for removal of scrap tires STATE OF NORTH CAROLINA AGREEMENT FOR REMOVAL OF SCRAP TIRES THE COUNTY OF ORANGE This Agreement, made and entered into this 21 st day of_January__, 2010 by and between Orange County, on behalf of its Solid Waste Department (herein referred to as "County") and Central Carolina Tire, (herein referred to as "Central Carolina Tire"). WHEREAS, the County wishes to contract with Central Carolina Tire for removal of scrap tires from the Orange County Landfill, and WHEREAS, Central Carolina Tire wishes to provide these services NOW THEREFORE, it is mutually agreed as follows: 1. This contract shall be in effect from March 1 2010 to February 28, 2015. If mutually agreeable, the County and Central Carolina Tire may exercise an option for an additional two (2) years through February 28, 2017. Any such option shall be in writing and signed by the Parties to this Agreement. 2. Duties of Central Carolina Tire. Central Carolina Tire agrees to provide: a. Removal of all scrap tires, including rims received at the Orange County Landfill on Eubanks Road; b. No more than approximately one load (10 to 12 tons) will remain on the ground at one time during the term of the contract; c. All loading and hauling will be conducted by Central Carolina Tire and all personnel required for such loading and hauling will be provided by Central Carolina Tire; d. A minimum of forty percent(40%), and to the extent possible all, scrap tires will be recycled; e. Landfilling of non-recyclable scrap tires is discouraged; f. All state and federal regulations will be followed regarding transportation and disposal of scrap tires; g. The County will, utilizing the landfill scales, determine the amount of scrap tires removed by Central Carolina Tire. Each load of scrap tires removed from the landfill will be weighed. The invoice to the County will be calculated according to landfill scale records. 3. Duties of the County: The County agrees: a. Payment: To keep a record of all scrap tire tonnages removed by Central Carolina Tire and to pay monthly at a rate of$75.86 plus five 2 ($5.00) dollars per ton for loading, a total of$80.86, per ton for the life of the contract. • Should Central Carolina Tire 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. b. To provide an area at the landfill of appropriate size to conduct scrap tire activities. Loading facilities will be maintained by the County. 4. Insurance Requirements: Central Carolina tire will maintain and provide proof of the following insurance requirements: a. Workers Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employers' liability with a limit of $100,000 each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit. b. Comprehensive General Liability: Coverage shall have minimum limits of$1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. This shall include premises and operations, independent contractors; products and completed operations and contractors; products and completed operations and contractual liability. c. Business Auto Liability. Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. This shall include owned vehicles, hired and non-owned vehicles and employee non-ownership. d. Additional Insured. The County is to be named as an additional insured on the Comprehensive General Liability policy. e. Additional Insurance Requirements. Current, valid insurance policies meeting and the above requirements shall be maintained for the duration of the event. Renewal certificate shall be sent to the County 30 days prior to any expiration date. There shall also be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Certificates of insurance on an Accord 25 Form meeting the required insurance provisions shall be forwarded to The County of Orange's Purchasing Agent. Wording on the Certificate which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable and if such wording appears shall be void and unenforceable. Original policies or certified copies of policies may be required by the County at any time. 2 3 SPECIAL REQUIREMENTS: a. Hold Harmless. Central Carolina Tire agrees to protect, defend, indemnify and hold harmless the County form all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Central Carolina Tire except to the extent same are caused by the negligence or misconduct of the County. b. Termination. This Contract may be terminated according to either of the following provisions: 1. Default: if either party hereto deems the other party hereto to be in default of any provision hereof, the claiming party shall provide notice in writing to the defaulting party of said default. If said defaulting party fails to correct the default within twenty (20) working days from the date of notice, the other party may terminate this contract immediately. In case of such termination the party terminating this contract shall forthwith give the other party written notice of such termination. 2. Mutual Agreement: This Contract may be terminated by mutual agreement of the parties hereto, at any time. c. Non-waiver. Failure by County at any time to require the performance by Central Carolina Tire of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. d. Non-assignment. Central Carolina Tire shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the County. e. Entire Agreement. The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a writing signed by the parties. f. Fuel Surcharge Adjustment. The rate for services as described in the agreement for removal of scrap tires shall remain at $80.86 per ton with a fuel surcharge to be added to each load using the following formula: Price per Gallon Price Adjustment per Mile $1.75 - $1.99 $0.05 $2.00 - $2.74 No Adjustment $2.75 - $3.24 Plus $0.05 3 4 $3.25 - $3.74 JPIus $0.10 $3.75 - $4.25 Plus $0.15 The round trip mileage charge from the"County"to "Central Carolina Tire" is 134 miles. The price per gallon will be established on the first business day of each month by calling the Diesel Fuel Hotline at (202) 586-6966 at 12:00 noon, and obtaining the average diesel price for the East Coast. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above writ n. COUNTY: ATT T: t By: By: .� Chair erk 17 M AL] CENTRAL CAROLINA TIRE: WITNESS: Approved as to technical content. GCi Uq,�' I )-Q/11 Y__ Departme Director Approved as to=:gal sufficiency. - Lk COUItty Attorney This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. c( w Finance Director 4