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Home My WebLink About2000 NS Solid Waste - US Tire Recycling LP Addendum to Existing Agreement for Removal of Scrap Tires 3 STATE OF NORTH CAROLINA ADDENDUM TO SCRAP TIRE COUNTY OF ORANGE REMOVAL AGREEMENT Addendum to that certain Agreement effective July 1993, between The County of Orange, on behalf of its Solid Waste Department, hereinafter referred to as "County" and U.S. Tire Recycling L.P., herein referred to as"Contractor" for removal of scrap tires from the Orange Regional Landfill located on Eubanks Road in Chapel Hill. In consideration of the mutual promises and conditions set forth herein, the County and Contractor agree to amend the Agreement as follows: 1. Change of Ownership: Ownership of the Orange County Landfill has been transferred to The County of Orange. 2. The agreement to be amended to extend contract period until June 30, 2002. 3. Under paragraph 2. Duties of Orange County amended as follows: .... Rate shall be $74.00 per ton, with a fuel surcharge, as per Fuel Surcharge Adjustment incorporated herein. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: ATTEST: BY: Chair Beverly A. Blythe, Clerk to the Board CONTRACTOR: WITNESS: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 4 STATE OF NORTH CAROLINA ORANGE COUNTY I, , 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 , Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2000. 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 2000. Notary Public My Commission expires: � 5 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 fuel surcharge to be added to each load using the following formula: 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 the "Contractor" 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. 6 r STATE OF NORTH CAROLINA AGREEMENT FOR COUNTY OF ORANGE REMOVAL OF SCRAP TIRES This Agreement, made and entered into by and between the Town of Chapel Hill, hereinafter referred to as "Town" and U. S. Tire Recycling L. P. , hereinafter referred to as "U. S. Tire" for removal of scrap tires from the Orange Regional Landfill. Witnesseth That for and in consideration of the mutual promises and conditions set forth below, the Town and U. S. Tire agree as follows: 1. Duties of U. S. Tire: U. S. Tire agrees, as an independent contractor, to remove all scrap tires, including rims received at the Orange Regional Landfill on Eubanks Road. No more than approximately one load (10-12 tons) is allowed on the ground at one time during the term of the contract. All loading and hauling will be conducted by U. S.. Tire. To the maximum ' amount possible (minimum 40%) , scrap tires must be recycled; landfilling of recyclable scrap tires is discouraged. U. S. Tire will provide an employee to load the tires on a regular basis; at least weekly. All state and federal regulations must be followed regarding transportation and disposal of scrap tires. The Town will determine the amount of scrap tires removed by U. S. Tire utilizing the landfill scales. The invoice to the Town will be calculated according to landfill scale records. Each load of scrap tires removed from the landfill will be weighed. 2 . Duties of the Town: The Town agrees to keep a record of all scrap tire tonnages removed by U. S. Tire and to pay monthly at a rate of $72 . 00 per ton. The Town will provide an area at the landfill of appropriate size to conduct scrap tire activities. Loading facilities will be maintained by the Town. 3 . Insurance Requirements: U. S. 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. 1 7 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 $1, 000, 000 per occurrence, combined single limit for bodily injury liability and property damage liability. This shall include owned vehicles, hired and non-owned vehicles and employee non- ownership. SPECIAL REQUIREMENTS a. The Town is to be named as an additional insured on the Comprehensive General Liability policy. b. Current, valid insurance policies meeting and the above requirements shall be maintained for the duration of the event. Renewal certificate shall be sent to the Town 30 days prior to any expiration date. There shall also be a 30 day notification to the Town in the event of cancellation or modification of any stipulated insurance coverage. Certificates of insurance on an Accord 25 Form meeting the required insurance provisions shall be, forwarded to the Town of Chapel Hill's Purchasing Agent. Wording on the Certificate which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the Town at any time. C. Hold Harmless U. S. Tire agrees to protect, defend, indemnify and hold harmless the Town from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the contractor except to the extent same are caused by the negligence or misconduct of the Town. d. This agreement may be terminated by either party upon sixty day's written notice. e. Term: M This•Agreement, unless amended as provided herein, shall be in effect from July 1, 1993, through June 30, 1994. If mutually agreeable the Town and U. S. Tire Recycling may exercise an option for an additional two (2) years; through June 30, 1996. 8 l This the day of 199 TOWN OF CHAPEL HILL U. S. Tire Recycling, L. P. 1,7" 0, -V. -sae leecyc 1, Cd&p-� L 0j TOWN MANAGER MANAGER G$+ ktl ,2eSi C.4 A., Ca TOWN CLERK # x ATTEST: '—SECRETARY 'fP-UgVIC WORKS DIRE APPROVED AS TO FORM: Address: TOWN ATTORNEY This instrument has be preaudited in the manner required by the Local Government and Fiscal Control Act. ANCE DIR CT R 9 ADDENDUM I Addendum to that certain agreement effective July, 1993 through June 30, 1996, between the Town of Chapel Hill, hereinafter referred to as the "Town" and U. S. Tire Recycling L. P. , hereinafter referred to as "U.S. Tire" for removal of scrap tires from the Orange Regional Landfill . 1. The agreement to be amended to extend contract period until June 30, 1997. 2 . Under paragraph 2.. Duties of the Town: . . . .rate shall be $73 . 00 per ton, as per Attachment A, incorporated herein. This the day of 1996 . WN O C PEL HILL U. S. TIRE RE YCLING L.P. a416A A_ TOWN MANAG TITLE: ... qr to _ Q ATTEST: TOWN CLERK ® , TITLE Approved as to Form: TOWN ATTORNEY This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act . YANCE DIRECTOR km, SOLID 44STE AMNAGEMENT DIRECT AR 10 A=F:kTIDTJM Addendum to that certain agreement effective July, 1993 through June 30, 1996, between the Town of Chapel Hill, hereinafter referred to as the "Town" and U.S . Tire Recycling L.P. , hereinafter referred to as "U.S . Tire" for removal of scrap tires from the Orange Regional Landfill . 1 . The agreement to be amended to extend contract period until . June 30, 1999 . 2 . Under paragraph 2 . Duties of the Town amended as follows : rate shall be $74 .00 per ton, as per Attachment A, incorporated herein. This the 3 O day of June, 1997 . TOWN OF CHAPEL HILL U.S. TIRE LING L.P. ZC�e �W,/ - — j TOWN MANAGER AWWPI L TOWN 1jA&Z A • CLERK • Approved as to Form: TbWN ATTOR14EY 711ASTE DIRECTOR This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act . ,4--4,7 j-h&cE DIRECTOR