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08-0039 New Hanover County Contract #08-0039 NORTH CAROLINA NEW HANOVER COUNTY THIS CONTRACT, made and entered into this !Ji{: day of AGREEMENT ~ , 2007, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and CENTRAL CAROLINA HOLDINGS, LLC, d/b/a CENTRAL CAROLINA TIRE DISPOSAL, a ~JeFlIl Carolina esrl3sF8tien, hereinafter referred to as "Contractor"; W II N E ~ S .E I H: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Performance. Contractor agrees to provide and stage trailers at the New Hanover County Landfill located at 5210 U.S. Highway 421 North, Wilmington, NC, for tires delivered to the Landfill and place trailers at other sites as designated by the County, and to transport, process and recycle and/or dispose of scrap tires. The Contractor shall be responsible for hauling, processing, recycling and/or disposing of all scrap tires in accordance with all applicable state, federal, local environmental and safety laws, regulations, ordinances, and standards regardless of whether or not they are referred to in the contract documents. 2. Exhibits. The Contractor's Proposal, marked Exhibit A; is attached hereto and made a part of this contract as though fully written herein. 2. Term. This contract shall not exceed a term of no more than five (5) years from the date of execution, in accordance to Exhibit A, attached hereto. 3. Time of Performance. Contractor shall remove each loaded trailer and replace with empty trailer within seventy-two (72) hours of contact with the exception of weekends and nationally recognized holidays. 4. Payment. County shall pay Contractor for the work described in 0~._J.C~!Il~!f1' New Hanover County Contract #08-0039 paragraph 1, including processing, transportation, recycling and/or disposal of all types of tires, the sum of Eighty-Three ($83.00) Dollars per ton. Estimated at $290,000.00. 5. a) Indemnitv bv Contractor. Contractor shall indemnify and hold New Hanover County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Contractor hereunder, resulting from the negligence of or the willful act or omission of Contractor, his agents, employees and subcontractors. b) Indemnitv bv Countv. County shall indemnify to the extent permitted by law, and hold Contractor, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Contractor hereunder, resulting from the negligence of or the willful act or omission of County. 6. Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of County, and as such, Contractor, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension or retirement benefits. 7. Default and Termination. If Contractor fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Contractor breaches anyone of the terms or conditions contained in this contract and fails to cure said breach within three (3) days of Contractor's receipt of Notice of Default, County may terminate this contract forthwith. Upon termination, County may, without prejudice to an action for damages or any other remedy, take the prosecution of the work out of the hands of Contractor. This agreement may be terminated without cause by either 2 New Hanover County Contract #08-0039 party with thirty (30) days written notice to the other party. 8. Title to Goods and Insurable Interest. Title to tires shall pass to Contractor and Contractor shall obtain an insurable interest therein, at the moment each respective tire is placed on Contractor's trailer at County's Landfill and all other sites within the County. 9. Risk of Loss. For purposes of this contract, risk of loss shall pass to Contractor upon identification of goods as described in paragraph 8 above; i.e., at the time the tire is placed on Contractor's trailer at County's Landfill and other sites within the County. 10. Insurance. Contractor shall maintain insurance from companies acceptable to New Hanover County, of the kinds and minimum amounts specified below. 11. Certificates and Notice of Cancellation. Before commencing work under this agreement, Contractor shall furnish New Hanover County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after thirty (30) days written notice has been received by New Hanover County". 12. Workers Compensation and Emplovers Liabilitv Insurance. Covering all of the Contractors employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in the amount of $100,000/500,000/100,000. applicable to claims due to bodily injury by accident or disease. 13. Commercial General Liability. Including coverage for independent 3 New Hanover County Contract #08-0039 contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work involves these exposures. The policy shall provide liability limits at least in the amount of $1,000,000. per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. 14. Automobile Liabilitv Insurance. Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $1,000,000. per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. 15. Umbrella Liabilitv Insurance. Providing coverage as excess above the underlying Commercial General Liability Insurance, Automobile Liability Insurance, Employer's Liability Insurance and Owners and Contractors Protective Liability Insurance policies by this contract. This coverage shall provide excess liability limits at in the amount of $1,000,000 per occurrence, combined single limits, applicable to claims arising from bodily injury, personal injury and/or property damage. The parties named as additional insureds under the primary underlying policies are to be included as additional insureds under the Umbrella Liability Insurance coverage. 16. Non-appropriation. All funds for payment by the County under this contract are subject to the availability of any annual appropriation for this purpose by the Board of Commissioners. In the event of non-appropriation for this purpose by the Board of Commissioners for the services provided under the contract, the County will terminate the Contract without termination charge or liability, on the last day of the then current fiscal year or when the appropriation made for then-current year for the funds are not appropriated for the continuance of this contract, cancellation shall be accepted by Contractor on thirty (30) days' prior written notice, but failure to given such notice shall be of no effect and the County shall be obligated under this contract beyond the 4 New Hanover County Contract #08-0039 date of termination. 17. Entire Aareement. This agreement constitutes the entire understanding of the parties. IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given and on the day and year first above written. ~~!. \. \~\.., \J. Clerk to e Board CENTRAL CAROLINA HOLDING, LLC d/b/a CENTRAL CAROLl A TIRE DISPOSAL By: Presiden [SEAL] ATTEST: . l ~...ttl- nt. cL~ ,rl Q Se retary - This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. db! AM2~ 1,,_ q( lI1o? County Finance Director Approved as to form: ~ co~JiY NORTH CAROLINA NEW HANOV~O,UNTY I, 0'1{'~ D I ~C1r;(\1 Notary Public of the State and County aforesaid, certify that Sheila Schult pE!rsonally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing 5 New Hanover County Contract #08-0039 instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and official sea ,this U. day Of~fW,,~. , 2007. \ ~ ~ ......... <>'-?~ . . j;."f1A, ?, '~ ~...\,;:::;:, Notary Public ==... i' \ * g ~ \;} D~ ~ z; ........ : (.) == ~~~. .::C::~ ' . ~ ~:',.:':UBI.\~.""r-'$ '.?,; ''-f41 ......... ~~'~ ~ OVER CO # ~111/"1/1/1I1\1\\\\\~ My commission expires: NOR'f11 S:.ROLlIJA 'P";t\.tt..ls'jL."IA,,,,A .".'.. AIJ,L("iA.<k''t- COUNTY I, A-rv.....ltJ ~~cll , a Notary Public of the State and County aforesaid, certify that _L".,.H-<, t'W. C.hr~[",<.U. , personally came before me this day and acknowledged that (s)he is Secretary of CENTRAL CAROLINA HOLDING, LLC, d/b/a CENTRAL CAROLINA TIRE DISPOSAL, a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing ilJ.strument was signed in its name by its President, J:c..'O-.JC.I f-. f.ott..- , sealed with its official seal and attested by herself/himself as its Secretary. WITNESS my hand and official seal, this -3.151' day of :I., jJ.,f , 2007. I ~~~<~ COMM NWEALTH OF PENNS Notarial Seal Angela R. ForoaJ Nof!Uy Public MMoeonroevi!le .Born, 111eghioy Couutv Y lIlDUS8ton ExpU'CS Aug. 21, 2007 Member, Pennsytvan;a AssocIation 01 ~ 6 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID.. I OATfllllMlOl'l"l'Y'r! LIBTI-l 10/09/01 PIlODUCfR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE commercial Insurance Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box :H1l26 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Charlotte He 28224-1126 Phone: 700(-944-1700 Pax: 704-527.8556 INSURERS AFFORDING COVERAGE NAIC' "'URED Liberty Tire Services, LLC -~, Clarendon National In. Co Liberty Tire Services of Ohio os Tire Recycling Partners LP -~. m....-._................. 43095 Central Carolina Holdings, LLC Ridge Recyclers. Inc. -~, .................""_'...ca. 625 Liberty Ave. Ste 3100 -~, -..--......-.... 19380 Pittsburgh PA 15222 INaURERE COVERAGES THE POLICIES O~ lNSI.JRANQ; ~"fED BELOW HAVE BEEN lS'~D TO THE lHSUSIEO IIA/lIEO Aaovr: POll. THE POlIC'l' Pl!FIIOD INDlCATEO. NOTWITNIY,,"OIHO ANY RiEQUl'llMENT,n;,.. ORCONJITIONO'AHYCONTIlACT OROTi'EIll)OaJ.\ENTWlTHRE$I'ECTTO'Milal THlSceIlTlFICATf..... YUlS'UII!DOR .....VPERY""".TlE-.....NC:lIUFOAOEO....TtEPQI.JQl!$OUOlefOH_..._CTTOAI.I.TlETEIW..VCCW_NlDOOICllTlO..O'IIUCH I'OI.IClESAOOllE.GATELMIT.Itt(M'N....Y....VE~v.lllftlUc:ED.YP~Q.#dMS 'M , ':":'~ ~=,TlON ,m "~ TYl'EOFINIUltANeE ~~- ~.. ~1W.~IMIUl"Y EACHOCCU!I~NCl! .1,000,000 llAMAOE TO RENTED 8 X ~ 5Elle....lGaIEIIAl.UAIIIlFTY DGAOO1532 01/31/01 01/31/08 I'fIEMIIU(e......_) . 100,000 - CUVllSMAOE [!] (l()(:1Jll KUlEX1'(Anr_por.-.l . 10,000 - I'EIlSONAl.'ArNlHJ\JRY .1,000,000 - GfHfIlAl.AGGllroolTE .2,000,000 --9~OATEn~~~' n I I'JlODl.ICTS.CQMI'lQPAOQ .2,000,000 POlICY .Il!eT lOC AlITOMDBI.l<UAllIUTY eoYllDEOllNOL.lUMIT - .1,000,000 A ~ ANYNJTD DGN012769 01/31/07 01/31/08 (e._') - Al,J.DWl\EDAUTOI 8C11;ll.YINJURY . SeHEDUl.lODAurOS ...-. - - HIllEDAUTDS -,~ . -.OWIEOAurOS ...-, - I'IIDPEllTYDo\MAlll! . ...- =r:.,::' Al,lTODHlY.EAAeCIDfNT . cmtSlTHAH ~= , AUTODN..Y. - . EXCUUlIlIIllElLAllMIUTY EACHOCCUlllllONCl! .10,000,000 C !J~ D~- CM01607280 01/31/07 01/31/08 AOOIlEGATE .10,000,000 . ~:"~~ . X ~~ .5,000 . WOIll<l<ItaCXIII_ATlONNID XIT~= 1 I": EIlPIl.OYEII....-IfY WC5310796 10/15/06 10/15/01 .500,000 0 Nl'f1'll0l'lll51'OM'.lIITNEltEXlOaJTlYE l<~ EAoCHAOCIOENT OFF,ee_ElIlIVll<l<Q.UDllD' EltllUASE-EAEMPl.OYEl< .500,000 ~....,-- .500,000 SPEeW.I'IIOY__ ElDCSfA$E-I'OUC'tUMIT ~~ OUCIllPTIONOF DPEIlATlONlllOCATlDNBIVlOf.IC\.U/Ella.UII0N8 ADDEDBY ENDOIIHIIEHT IIPlOelAl.l'IIOVIIlONI New Hanover County is addi tional insured for general liability per Porm # ADDLINS. CERTIFICATE HOLDER CANCELLATION NBHA3 00 IIIOUl.DAIf'IOFTIlEA8QIlEClEteIU...DPOUClEl",CANeU.I.EDll901lETIlEIEXPlll.ATlON llATETlEREOF.TN!;II8lINlI~IEItWIL~DllIUlYOIITO__ 00 ""''''~DI - New Hanover County NtITlCETOTIlEelIITI'K:ATEHCl.DEIlNAllIEDTOTHELEFT.8UTFAIIlUItETOOO&OIHAI.L Dept. of Environmental Mgmt. .P'ORIlOOBI.IGATlONOIllIAlllUTYOFNl'IlONDlJ'ONTHE~Il.ITtAOEllTllOIl Lynn Bestul 3002 11 S Hwy. 421 North IlP'IIEIEHfATll/t.I. ~ Wilmington NC 28401-9008 ~~ . I ACORD 25 (2001/08) <Cl ACORD CORPORATION 1888 IMPORTANT If the certificate holder is an NJDITIONAL INSURED, the policy(ies) must be endorsed. A stament on this certific38 does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of InSUlance on the reverse side of this form does not constitute a contract between the issuing insurer(s}, authorized representative or producer. and the certificate hJlder, nor does it affirmatively or negatively amend, exterd or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Named insureds include: Liberty Tire Services. LLCi Liberty Tire Services of Ohio, LLCI u.S. Tire Holdings, LLC; U.S. Tire Recycling. L.P., B.T. Sanitation service. Inc., Central Carolina Holdings, LLC. Liberty Tire Services of Ohio, LLC dba Dillon Tire Recycling; Ridge Recyclers, Inc.; Liberty Tire Recycling, LLC; National Tire Recycling, LLC and TRG Products, LLC, Tires, Inc., Quality Tire Recycling. Inc.