HomeMy WebLinkAbout2001 S Solid Waste - Central Carolina Tire Revised Scrap Tire AgreementORIGINAL SIGNATURES
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STATE OF NORTH CAROLINA DIST� fit 60"I !W#XK
THE COUNTY OF ORANGE REMOVAL OF SCRAP TIRES
This Agreement, made and entered into this4�rkday of /�", 2001 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, 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, 2001 to February 28, 2005. If mutually
agreeable, The County and Central Carolina Tire may exercise an option for an additional two
(2) years; through. February 28, 2007.
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) landfilling 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 to 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 tire tonnages removed
by Central Carolina Tire and to pay monthly at a rate of $74.00 per ton for year one of the
contract. The rate would increase 3% per year for the term of the contract, making the second
year rate at $76.22, the third year rate at $78.50, and the fourth and final year at $80.86. The
County will provide an area at the landfill of appropriate size to conduct scrap tire activities.
Loading facilities will be maintained by the County.
Insurance Requirements Central Carolina Tire will maintain and provide proof of the
following insurance requirements:
a. WorkeraL 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. ComprehensiveGeneral 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.
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 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. Original policies or
certified copies of policies may be 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 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 contractor
except to the extent same are caused by the negligence or misconduct of the County.
d. This Contract may be terminated according to either of the following provisions
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 parry
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.
e. Fuel Surcharge Adjustment
The rate for services as described in the agreement for removal of scrap tires shall
remain at $74.00 per ton with a
following formula:
fuel surcharge to be added to each load using the
Price per Gallon
Price Adjustment per Mile
$0.75 -$0.99
-$0.05
$1.00 -$1.24
No Adjustment
$1.25 -$1.49
+$0.05
$1.50 -$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 Furl 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 written.
COUNTY:
BY: � 4—�"A -/�
Stephen H. Halkiotis, Chair
pit
ATTEST:
Beverly ythe
WITNESS:
This instrument has been pre- audited in the manner required by the Local Government
Budget and Fiscal Control Act.
Finance Director
STATE OF NORTH CAROLINA
ORANGE COUNTY
1, , a Notary Public for said County and State,
do hereby certify that Beverly A. Blythe 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
instrument was signed in its name by Stephen H. Halkiotis, Chair, sealed with its
official seal, and attested by herself as its Clerk.
WITNESS my hand and official seal, this the day of 2001.
Notary Public
My Commission expires:
STATE OF
COUNTY OF
a Notary Public, do hereby certify that
a'' 46�lpersonally appeared before me this day and
acknowledged the due execution of the foregoing Agreement.
WITNESS my hand and official seal, this the _day 001.
My Commission expires: D- , 2&e