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Home My WebLink About08-0049 New Hanover County Contract #08-0049 NORTH CAROLINA NEW HANOVER COUNTY WHITE GOODS & SCRAP METALS PROCESSING AGREEMENT THIS ~t CONTRACT, made and entered into this -+tl- day of ,2007, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and SOUTHERN METALS RECYCLING, INC., a North Carolina corporation, hereinafter referred to as "Contractor"; , WITNESSETH WHEREAS, the County desires to separate and divert portions of recyclable materials from its landfill as well as stimulate a growing recycling market; and WHEREAS, the County desires to separate and release white goods and scrap metals at the landfill to the Contractor for the purpose of recycling and to increase effective usage of the landfill; and WHEREAS, the County will collect these recyclable materials at an area of the County landfill known as the white goods pad and residential drop-off area. NOW THEREFORE, for the consideration herein stated and subject to the conditions provided herein, the County and the Contractor do hereby enter in to this t agreement for white goods separation and collection of white goods and scrap metals as described in Exhibit "An as follows: SECTION 1. The County shall separate and store various white goods and scrap metals in the white goods staging pad and residential drop-off pad at the landfill. .t~~.,"'i~~::'. :.:.:,.,;.~..,"":..:~..7":~~~~"~'!':.l~'~\<""-!.;.I'-":~1 :~ i,., 0-... -G'..AL 10... ~~,~ ~ -' :~ i;:l-r; ,. "..., ... r! i~'. iJ.\\ au: t!l" ~:.. .. ~ .i t ~{~~;.~:tl;"':-l"':',.w;,~~.'t.~...<<~;:I'.';'s.:~ New Hanover County Contract #08-0049 SECTION 2. The County shall provide the necessary personnel, equipment, and space for the collection, separation and storage of white goods. The white goods and scrap metals to be collected are identified as stoves, refrigerators, freezers, washers, dryers, water heaters, bathtubs, culverts, etc and all other metals such as brass, copper, aluminum, steel, air conditioners and structural steel. SECTION 3. The Contractor shall collect and remove the white goods and scrap metals during normal business hours of the landfill within forty-eight (48) hours of notification except nationally recognized holidays. Unless specified by both parties, in the event of an emergency situation, New Hanover County will take priority over other Counties. SECTION 4. The County shall provide necessary space for County residents to drop off white goods and scrap metals near the scale house. This area will be referred to as the "convenience centern. SECTION 5. The Contractor shall provide all personnel, equipment, and other resources for the processing recovering, loading, and transporting of the recyclable materials from the working landfill. The Contractor shall provide material collection containers for the pad and convenience center areas. New Hanover County Contract #08-0049 SECTION 6. The County agrees that the white goods and scrap metals become the property of the Contractor once the white goods and scrap metals have been removed from the white goods pad and convenience center. SECTION 7. The Contractor shall assume liability for all applicable local, state and federal laws including, but not limited to, transportation of the white goods and scrap metals. SECTION 8. The Contractor agrees to indemnify and hold the County harmless from any and all actions, causes of action, claims, liabilities, damages, and the like, including a reasonable attorneys fee, that may result from the Contractor's actions in handling the white goods and scrap metals including, but not limited to, the failure of Contractor to comply with all environmental laws, rules and regulations. SECTION 9. Indemnity by 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. 9.1 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 New Hanover County Contract #08-0049 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. 9.2 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 ten (10) 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 party with thirty (30) days written notice to the other party. 9.3 Title to Goods and Insurable Interest. Title to metals shall pass to Contractor, and Contractor shall obtain an insurable interest therein, at the moment metal is placed in Contractor's container at County's Landfill. SECTION 10. Except hereinafter set forth, the term of this agreement is for a period of one (1) year from of execution with the option by the County to extend one (1) additional year after the referenced term. SECTION 11. The Contractor will be responsible for the removal of freon, oil, capacitors and any other materials which may be pollutants from units requiring such. The Contractor New Hanover County Contract #08-0049 shall adhere to and comply with all environmental laws, rules and regulations and is certified by EPA in freon recovery. Also, the Contractor shall meet all requirements of the 608 Clean Air act. The Contractor shall provide proof of EPA Freon Recovery Certification to the County and records that white goods containing freon were duly processed in accordance with all environmental laws, rules and regulations. SECTION 12. In the event the Contractor fails to comply with the terms and conditions of this agreement and fails to cure any default hereunder within ten days after notice, the County shall have the right and option to terminate this agreement immediately and/or pursue any remedy afforded by law or equity. SECTION 13. Payment to the County for white goods and general scrap will be paid in accordance to Exhibit "An, attached hereto and incorporated herein. SECTION 14. Risk of Loss. For purposes of this contract, risk of loss shall pass to Contractor upon identification of goods as described in paragraph above; i.e., at the time the metal is placed in Contractor's container at County's Landfill. Insurance. Contractor shall maintain insurance from companies licensed to write business in North Carolina, with an A.M. Best rating of "An or higher, and acceptable to New Hanover County, of the kinds and minimum amounts specified below. Certificates and Notice of Cancellation. Before commencing work under this agreement, Contractor shall furnish New Hanover County with certificates of all New Hanover County Contract #08-0049 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". The Certificate of Insurance, naming New Hanover County as an additional insured, shall be further evidenced by an actual endorsement furnished to the County from the insurer within thirty (30) days of the signing of the contract between the Contractor and the County. Workers Compensation and Employers Liability 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. Commercial General Liability. Including coverage for independent 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. Automobile Liability Insurance. Covering all owned, non-owned and hired New Hanover County Contract #08-0049 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. Umbrella Liability Insurance. Providing coverage as excess above the underlying Commercial General Liability Insurance, Automobile Liability Insurance, Employer's Liability Insurance and policies by this contract. This coverage shall provide excess liability limits at least 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. SECTION 15. All notice required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Certified Mail, Return Receipt Requested: To County: New Hanover County Landfill Attention: Lynn Bestul 3002 Hwy. 421 North Wilmington, North Carolina 28401 To Contractor: Southern Metals Recycling, Inc. Attention: Henry Greene P.O. Box 2139 Wilmington, NC 28402 SECTION 16. It is mutually agreed by the parties hereto that this contract is not transferable New Hanover County Contract #08-0049 and shall not be assigned by either party without the written consent of the other party to this contract. SECTION 17. This Contract shall not be modified or otherwise amended except in writing signed by the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first above written and by authority duly given. [SEAL] NEW HANOVER COUNTY :5:q-: Bruce Shell, County M ATTEST: ~ \ ~.\,. '- ~ rl. ,ll.. Clerk 0 the Board SOUTHERN METALS RECYCLING, INC. ATTEST: .fi:;?~ ~ Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. ~L tvS2",,'J: = q /5/(;( ounty Finance Director APproveo;: form: X^ ~~ ~ - County At orney .., "'/:..,",'.' i~"\'\ ~~~~~~ \"'."'.. ~i;;t; tt~~ ~''V' II f,\'\~ I~ ~I~ I ~P'" ~"'" ~1~ ~~.; !i~~~:; I.... 'I ::.; V.e 1:( JI.. ;\~,i ,:\t~5~ ,/:: r~ " It:,.:::: , . ";.' ~ . ~.", ".,+' . '\\~~: :.".. ) ,~:. '. ~... I., (~\}~ {;';~ f:~~ !Ii\\"". I ft~'\ , It ~~ \>~""'\' r I ~ ~ . 'I ,'-" ,I ',\. .. \./1. .; . New Hanover County Contract 108-0049 l NORTH CAROLINA NEW HANOVER COUNTY 11 I, i ( ~ (b. L r{bwJ ( a Nota~ Public of the State and County atores id. ce' at Sheifa Schult acknowledged that she is Cerk to the Board of Commissione~ of ew Hanover County. and that by authority duly given and as the ,act of the Board. the foregoing instrument was signed in its name by its Manager. , Bruce Shell. sealed with its corporate seal and attested ~~ense~ as its Clerk. WITNESS my baf\~:~ty~'of.ticial seal, this /:) day of I 2 7. """ ~~,\e\gn G. Q ""'" \ " ~ .......... :1'0 .... g: ~ .... .... ~ ~ g ....~OTARY\~ ~ g l My Comm. ~ ~ ~ : E~pires : ~ My commission expires~ \ 3/24/2011 f = ~ "k. ......ll H LI c..' , ~ <9 -.. ... ~ "" ~/ ~ ~ ........... ~ ""...... """ qf}over CO'",,,'' NORTH CAROLINA ""1'"''''''1111\\\''' NEW HANOVER COUNTY '. I. ~H~ ~ .' . a Notary PublIC of the 5_ and County aforesaic[ ~ . that 'N\(i_ f 'L. ~ ~/? r came before me this day and acknowledged that (s)he is Secretary of SOU HERN METAlS RECYCLING, INC.. a North Carolina corporation, and that by, County duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal ".' and attested by himlherseJf as its Secretary. ,/ ': ."., WITNESS my hand 0. UCI \A.-CS~ .2007. .J ~ Pu~ MEGAN HOOPER PRAlT Notary Public New Hanover County, NC Exhibit A The pricing formula for White Goods is as follows: American Metal Market, Carolinas Index, Number 2 Bundles - first Wednesday pricing; less $50 per ton X ..35. Thus in May pricing was based on the Thurs., May 3rd Edition of the AMM for first Wed pricing as follows: Carolinas Index, #2 Bundles = $195.00 IT -50.00 IT $145.00 IT X .35 = $50.75 ITon or .0227 I Lb. In June pricing was based on the Thurs., June 7 Edition of the AMM for first Wed pricing as follows: Carolinas Index, #2 Bundles = $145.00 IT - 50.00 IT $95.00 I T X .35 = $33.25 ITon or .0148 I Lb. The AMM, #2 Bundles, Carolinas Index currently remains at $145 IT , and the July White Goods price will remain unchanged at $33.25 ITon (.0148 I Lb.). Do not hesitate to call me with any questions. Jonathan Alper -, ~ . DATE (MMIDDIYYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE CSR AM I SOUTH95 08/13/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Harold W. Wells & Son, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 2320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. wilmington NC 28402-2320 Phone: 910-762-8551 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Markel Insurance Company INSURER B: Old Republic Insurance Company Southern Metals Recycling Inc INSURER C: PO Box 2139 INSURER D: Wilmington NC 28402 INSURER E: .; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I PD<1.~~lJ~r~g~E PgktCEY(~~bR~~~N LIMITS LTR NSRD TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - UAMAl>t: A X X COMMERCIAL GENERAL LIABILITY 8521RS0046920 04/01/07 04/01/08 PREMISES (Ea occurence) $ 100000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 10000 PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $ 2000000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 I .nPRO- n Emp Ben. 1000000 POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1000000 A X ANY AUTO 1021RS0046930 04/01/07 04/01/08 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - A ~ HIRED AUTOS BODILY INJURY $ A X NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ==] ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10000000 A ~ OCCUR D CLAIMS MADE 4602RS2959080 04/01/07 04/01/08 AGGREGATE $ 10000000 $ ~ DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION AND I T~~yS~~f~s I X I OJ~- B EMPLOYERS' LIABILITY OCOl777802 03/31/07 03/31/08 $ 500000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE $ 500000 If yes, describe under $ 500000 SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER LISTED AS AN ADDDITIONAL INSURED AS RESPECTS GENERAL LIABILITY COVERAGE EFFECTIVE 08-13-2007. CERTIFICATE HOLDER CANCELLATION NEWHA-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL NEW HANOVER COUNTY IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2030 GOVERNMENT CENTER DRIVE STE 125 REPRESENTATIVES. WILMINGTON NC 28403 AUTHORIZED REPRESENTATIVE Harold W. Wells & Son, Inc. ACORD 25 (2001/08) @ ACORD CORPORATION 1988 .' . t IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate 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 Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. . . \ \ \ \ , \ \ \ ACORD 25 (2001/08) NEW HANOVER COUN1Y WANDAM. COPLEY County Attorney KEMP P. BURPEAU Deputy County Attomey SHARON J. HUFFMAN Assistant County Attomey September 11, 2007 Southern Metals Recycling, Inc. Attn: Henry Greene P.O. Box # 2139 Wilmington, NC 28402 Re: New Hanover County Contract: # 08-0049 Dear Mr. Greene, Enclosed please find for your.files, the original duplicate of the above referenced contract. Thank you for your assistance with this matter. Sincerely, y~ iLim~<; . DIane Morgan, 2?) Paralegal Encl: DM/cb 230 Govenlluent Center Drive - Suite # 125 - Wilmington, NC 28403 Phone: 910-798-7153 - Fax: 910-798-7157 www.nhcgov.com CHANGE ORDER New Hanover County DATE: 9/24/2007; Project Name: Recycling CHANGE ORDER NUMBER: #1 CONTRACTOR: Southern Metals Recycling CONTRACT #: 08-0049 New Hanover County NORTH ':'CAROL1NA The Contractor is directed to make the following changes to this contract: Description: See Attached Total Cost: income paid to NHC from Southern Metals Recycling, Inc Original Contract Sum: Net Change by Previous Change Orders No. 00 to No. 00 The Contract Sum Prior to this Change Order Was: The Contract Sum Will Be (Increased) By This Change Order: The New Contract Sum Including This Change Order Will Be: The Contract Time Will Be (Increased) By: The Date of Substantial Completion Therefore Is: $0.00 $0.00 Recommended: Project Manager Accepted: Contractor Approved: Owner New Hanover County Southern Metals Recycling, Inc Firm New Hanover County AUTHORIZED SIGNATURE DATE 'tIf-Z1-t/7 DATE DATE This Space for County Use Only Budget Account #: Balance Prior to this Change Order: Amount of this Change Order: THIS INSTRUMENT HAS BEEN PRE-AUDITED IN THE MANNER REQUIRED BY LOCAL GOVERNMENT AND FISCAL CONTROL ACT Budget Account Balance: $0.00 'of 3/07 Change Order Percentage for this Contract #DIV/O! Sept. 19, 2007 Mr. Lynn Bestul New Hanover County Solid Waste planner 3002 Highway 421 North Wilmington, N.C. 28401 Re.: New Hanover County Landfill Dear Mr. Bestul; Southern Metals Recycling, Inc. proposes the following amendment to Contract # 08-0049 to reflect payment for materials recovered by Southern Metals Recycling from the New Hanover County Landfill: Southern Metals agrees to pay monthly for materials recovered from the New Hanover County Landfill based on the following formula: American Metal Market, Carolinas Index, Number 2 Bundles, first Wednesday pricing; less $120 per ton X .35. Payment will be made on 90 % of the scale weight of material received, and will commence upon execution of this agreement by New Hanover County. All other terms of Contract # 08-0049 are unchanged. --