08-0049
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.
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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
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Bruce Shell, County M
ATTEST:
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Clerk 0 the Board
SOUTHERN METALS RECYCLING, INC.
ATTEST:
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Secretary
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act.
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ounty Finance Director
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New Hanover County Contract 108-0049
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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.
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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.
,/ ':
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WITNESS my hand
0. UCI \A.-CS~ .2007.
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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
.'
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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.
.
.
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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.
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