HomeMy WebLinkAbout2001 NS Solid Waste - Henson's Inc Renewal of Contract for Yard Waste Grinding 2
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STATE OF NORTH CAROLINA AGREEMENT FOR
LANDFILL GRINDING
THE COUNTY OF ORANGE SERVICES
THIS AGREEMENT made and entered into this day of , 200_by
and between The County of Orange, on behalf of its Solid Waste Department(herein
referred to as"COUNTY") and Henson's Inc.,herein referred to as"CONTRACTOR".
WHEREAS, THE County wishes to contract with the Contractor for wood grinding
services at the Orange County Landfill: and
WHEREAS, THE Contractor wishes to provide these services,
NOW THEREFORE,it is mutually agreed as follows:
1 Term.
a) This term of this agreement shall be for 12 months beginning on September 1,
2001.
b) County shall have the right to request and Contractor agrees to extend the contract
for two additional one-year periods upon written notification of County.
2) Duties of the Contractor: The Contractor agrees to the following:
a) Contractor shall provide sufficient equipment and organization to process
approximately 1500 tons twice per year.
b) County may modify this schedule at their sole discretion.
c) Contractor will commence grinding operations within 30 calendar days following
notice by County.
d) Contractor shall provide the following services:
1. loading of the raw material for processing,
2. grinding stockpiled yard waste including primarily brush, short logs, and
some small stumps,
3. reducing particle size of the processed wood waste so that finished product
does not exceed a nominal dimension range from 2 to 3 inches. A sieve
analysis will be performed on random samples of processed material with
an acceptable oversize rate of 7%-8%; exceeding this rate may require a
regrind,
4. separating metals from the ground product utilizing a magnetic separation
system, and
5. grinding pallets and clean wood waste.
e) Grinding shall be conducted at the Orange County Landfill and processed mulch
pile placed within 150 feet of stockpiled yard waste. The processed materials will
be retained by the landfill for use at its discretion.
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3) Billing;and Payment.
a) Contractor shall be paid$10 per ton for all ground material as determined by
inbound tonnage weighted across landfill scales. Fee shall include all costs
incurred by Contractor including,but not limited to, cost of mobilization,
installation and start-up.
b) Contractor shall submit an invoice upon completion of work performed under the
terms of this agreement.
c) Payment will be made by County within thirty days of receipt of an accurate
invoice.
4) Amendments.
This agreement may be amended upon mutual agreement between Contractor and
County AND upon signature of an Amendment to the Agreement by the County.
5) Termination.
This agreement may be terminated by either party upon written notification no
less than 30 days prior to a scheduled grinding event.
6) Insurance Provisions:
a) Worker's Compensation: Coverage to apply for all employees for statutory limits
in compliance with the applicable state and federal laws. The policy must include
employer's liability with a limit of$100,000 for each accident, $100,000 bodily
injury by disease each employee and$500,000 bodily injury by disease policy
limit.
b) Comprehensive General Liability: 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/or operations, independent contractors,
products and/or completed operations,brought from property damage and
explosion, collapse and underground damage coverage, sudden and accidental
pollution losses, and a contractual liability endorsement.
c) Business Auto Policy: 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) The County of Orange shall be named as an additional insured on coverages for
Comprehensive General Liability and Automobile Liability. Certificates of
Insurance on an Accord 25 (8/84) or similar form meeting the required insurance
provisions shall be forwarded to the County prior to the commencement of this
Agreement or any subsequent renewals as herein provided.
e) Current, valid insurance policies meeting the above requirements shall be
maintained for the duration of the project. Renewal certificates shall be sent to
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the County thirty(30)days prior to any expiration date. County shall be notified
at least thirty(30)days in advance of cancellation or modification of any
stipulated insurance coverage. Wording on the Certificate of Insurance 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.
f. Contractor shall ensure that all subcontractors comply with the same insurance
requirements that County requires of Contractor.
7) Hold Harmless: The Contractor agrees to indemnity and hold harmless the County of
Orange from all loss, liability, claims or expense(including reasonable attorneys fees)
arising from bodily injury, including death or property damage to any person or
person caused in whole or in part by the negligence or willful misconduct of the
contractor or except to the extent same are caused by the negligence or misconduct of
the County.
8) Notice. Any notice or document required or permitted to be delivered under this
Agreement shall be deemed to be delivered whether actually received or not when
deposited in the United States mail,postage pre-paid, certified or registered mail,
addressed to the parties hereto at the respective addresses set out opposite their names
below, or at such other address as they have theretofore specified by written notice
delivered in accordance herewith.
For County:
Orange County Solid Waste Management Dept.
Solid Waste Management Director
PO Box 17177
Chapel Hill,NC 27514
For Contractor:
Henson,Inc.
Attn: Ellis Henson
105 Ridge Road
Tryon,North Carolina 28782
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals the day
and year first above written.
COUNTY: ATTEST:
BY:
Stephen H. Halkiotis, Chair Beverly A. Blythe, Clerk to the Board
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CONTRACTOR: 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
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 —. 200–.
Notary Public
My Commission
Expires
STATE OF
COUNTY OF
I, , A Notary Public, do hereby certify that
Personally appeared before me this day and acknowledged
the due execution of the foregoing Agreement.
WITNESS my hand and official seal, this the day of , 200 .
Notary Public
My Commission
Expires