HomeMy WebLinkAbout2004 S Solid Waste - Removal of Scrap Tires with Central Carolina TireRETURN THIS COPY TO THE CLERK'S _
OFFICE FOR THE PERMANENT AGENDA FILE
STATE OF NORTH CAROLINA AGREEMENT FOR
THE COUNTY OF ORANGE REMOVAL OF SCRAP
TIRES
This Agreement, made and entered into this 24"' day of August, 2004 by and between The
County of Orange, 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, Centxal 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, 2005 to February 28, 2010.
If mutually agreeable, the County and Central Carolina Tire may exercise an
option for an additional two (2) years, through February 2$, 2012.
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;
d} to the extent possible (minimum 40%) scrap tires will be recycled;
e) land filling of recyclable scrap tires is discouraged;
f) Central Carolina Tire will provide an employee to load the tires on a
regular basis, at least weekly;
g} all state and federal regulations will be followed regarding transportation
and disposal of scrap tires;
h} The County will determine the amount of scrap tires removed by Central
Carolina Tire utilizing the landfill scales. 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 to keep a record of'all scrap fire tonnages
removed by Central Cazolina Tire and to pay monthly at a rate of $$0. $G per ton for'
the life of the contract. The County will provide an area at the landfill of appropriate
size to conduct scrap fire activities. Loading facilities will be maintained by the
County.
4. Insurance Requirements; Central Cazolina Tire will maintain and provide proof of the
following insurance requirements:
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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 Liabilitv:
Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit
far 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 Liabilitv:
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.
SPECIAL REQUIREMENTS:
a. The County is to be named as an additional insured on the Comprehensive
General Liability policy.
b_ 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 2S Norm
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. Original policies or certified copies of policies maybe required
by the County at any time.
c. Hold Harmless
Central Carolina Tire agrees to protect, defend, indemnify and hold harmless the
County from all Ions, 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 contractor except #o the extent same are caused by the negligence or
misconduct ofthe County_
d. This Contract maybe 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_ Incase of
such termination the party terminating this contract shall forthwith give
the other party written notice of such termination..
2, Mutual Agreement: This Contract maybe terminated by mutual
agreement of the parties hereto, at any time.
e. Fuel Surcharge Adjustment:
The rate for services as described in the agreement for removal of scrap tires sha13
remain at $80.86 per ton with a fuel surcharge to be added to each load using the
following formula:
Price er Gallon Price Adjustment er Mile
$0.75 0- $0.99 -$0.05
$1.00 - $1.24 Na Adjustment
$1.25 - $1.49 +$0.05
$I.50 - $1.74 +$0.10
$1.75 - $2.00 +$0.15
The round trip mileage charge from the "County" to "Central Carolina Tire" is
91 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.
IAI TESTIMONY WHEREOF, the parties have hereunto set their hands and seals
the day and year first above written: ~sa4~ goo
®l'1b~b
By:
CONTRACTOR:
'' TTEST:
~ By: '~(~'
,~~ Donna Baker
lEaro~~
WITNESS:
- l~~
This instrument has been pre-audited in the manner required by the Lacal Government
Budget and Fiscal Contral Act.
nonce Director
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STATE OF NOhTH CAROLINA
The County of ORANGE
1, ~~~ , a Notary Public for said County and State,
do hereby ce that Donna Balser personally appeared before me this date and
acknowledged that she is the Clerk to the Board of Commissioners of Orange County,
and that by authority duly given and as the act of Orange County, the foregoing
instrumen# was signed in its name by Barry Jacobs, Chair, sealed with its official seal,
and attested by herself' as its Clerk.
WITNESS my hand and official seal, this the ,3U day of v~~,zfLCCync.u~C, 2004
~ ~2 ~ e~
Notary Pu c
My Commission expires: /~ ' ~.3 4 `~
STATE OF NOR AROLINA
COUNTY OF ~,-~~~~~i
r
I, Notary Public, do hereby certify that
personally appeared before me this day and acknowledged the due
execution of the foregoing Agreement.
WITNESS my and hand official seat, this the _~ day of 2004.
otary Public
My Commission expires: f ~~~~~