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07-0208 New Hanover County Contract #07-0208 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this~ day of Nt1V' , 2006, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and DIVERSIFIED BIOMASS COMPANY d/b/a AMERICAN PROPERTY EXPERTS, hereinafter referred to as "Contractor"; WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Performance. Contractor agrees to provide wood grinding and marketing services at the New Hanover County Landfill located at 5210 U.S. Highway 421 North, Wilmington, NC. The services are to include grinding dimensional wood products recovered from the landfill waste stream, establishing markets for the wood product and providing for transportation of wood product to the market, as described in the attached Exhibit A. Furthermore, the Contractor shall be responsible for hauling, processing, recycling or using the materials as a fuel source 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. Exhibit. The Scope of Services, marked Exhibit A, is attached hereto and made a part of this contract as though fully written herein. 3. Term. This contract is for a term of three (3) years from the date of Notice to Proceed. ~ ~ s, _ _ ( Vu `~~AY .a~,a ~mr ; ~ New Hanover County Contract #07-0208 4. Time of PerFormance. Contractor shall commence services upon issuance of Notice to Proceed by County and periodically provide services on a mutually agreed upon schedule. 5. Pavment. County shall pay Contractor for the work described in paragraph 1, including processing, transportation, recycling, composting and/or use as a fuel source. The compensation, as follows, shall not exceed the specified amount for the following fiscal years: Fiscal year 2007: $90,000.00 Fiscal year 2008: $120,000.00 Fiscal year 2009: $150,000.00 The compensation is based on the rate of $9.00 per ton through June 30, 2007, and $10.00 per ton thereafter. 6. a) 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. b) Indemnity bk Countx. 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 New Hanover County Contract #07-0208 of or the willful act or omission of County, its agents, or employees. 7. 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. 8. Default and Termination. If Contractorfails to prosecute the work with such diligence as will insure its completion within the contract time, or if Contractor breaches any one 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 party with thirty (30) days written notice to the other party. 9. Title to Goods and Insurable Interest. Title to wood chips shall pass to Contractor and Contractor shall obtain an insurable interest therein, at the moment each respective wood chip is placed on Contractor's trailer at County's Landfill. 10. 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 wood chips are placed on Contractor's trailer at County's Landfill and other sites within the County. 11. Insurance. Contractor shall maintain insurance from companies acceptable to New Hanover County, of the kinds and minimum amounts specified below. New Hanover County Contract #07-0208 12. 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 limits/coverages altered, except after thirty (30) days written notice has been received by New Hanover County". 13. Workers Compensation and Emplo~rs 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. 14. Commercial General Liabilitv. 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. 15. Automobile Liability Insurance. Covering ail owned, non-owned and New Hanover County Contract #07-0208 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. 16. Umbrella Liabilitv Insurance. Providing coverage as excess above the underlying Commercial General Liability Insurance, Automobile Liability Insurance, Empioyer'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. 17. Entire Agreement. 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. NEW HANOVER COUNT ~ County Manager DIVERSIFIED BIOMASS COMPANY d/b/a AMERI PROPERTY EXPERTS [SEAL] ~ Manager Clerk to the Board New Hanover County Contract #07-0208 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director NORTH CAROLINA Approved as to form: `b County 1 ttor ey NEW HANOVER COUNTY ~, ~ .~~Il~w' , a Notary Pubiic ofthe State and County aforesaid, certify t at Sheil chult personally 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 instrument was signed in its name by its Manager, sealed with its official seal and attested by herself as its Clerk. W ITNESS my hand and official seal, this~day of IVbYQ,yn~j,~j}~ , 2006. ,,,,,,,,,,,~„~~,,,,,,,,,,,,,,, ~~~~~fl^l~c~R.~:~.. C-~ • l:..t.~til,~-C,Y ,•° ~e~9h G. Cro~ ,, No ry Public ~.~ ~0t : .......... . P~ ~','. Y'••. My commission expires: ' r~~~'~~,o R _ = ExPites _ ' 4 ' NORTH CAROLINA . .'•.eu g~,C.. ~V `` ,yP~..,,,,,,..`~o;,,:~ ' ~~~"COUNTY ~~,,, Hanove ~~~,,,,~,~~~~~„~„~~~"'° I. ll,.,-,nl~ ~, \lo~nerc~a„~c~ , a Notary Public ofthe State and County aforesaid, certify that Sa~c~ `R; TG.,~~-~.-~~2 r~ , personally came before me this day and acknowledged that the foregoing instrument was executed. W ITNESS my hand and official seal, this~day of ~'~o~er~~xc-, 2006. , o.. s \~,. -~ Notary Public My commission expires: GC~, 1, 2c~~ , . . ~; . Scope of Services Construction 8~ Demolition Wood Waste Grinding & Marketing New Hanover County Landfill October 2006 The New Hanover County Department of Environmental Management (Owner) desires to reduce the amount of waste placed into the New Hanover County Landfill. It has been determined that a large percentage of waste placed into the landfill consists of waste produced by construction and demolition (C&D) activities. Of that C&D waste, a large portion has been determined to be wood that othenn+ise could be used beneficially. In order to recycie that portion of the waste stream, certain processing will be necessary. The following is a Scope of Services that is prepared to allow for the grinding and marketing of clean, sorted wood waste at the landfill. Owner's Responsibilities: 1. Owner will sort C&D wood waste based on Contractor's specifications. Current projections indicate that one thousand (1,000) to four thousand (4,000) tons of clean wood waste can be sorted each year using intended methods. 2. Owner will schedule processing with Contractor at least ten (10) days before the desired processing date, and stockpile enough clean wood for at least one day's operating capacity for Contractor's grinder. 3. Owner will provide Contractor with an area at the landfill for grinding. 4. Owner will provide scales for Contractor to weigh the outgoing processed material. Contractor's Responsibilities: 1. Contractor will provide all labor, equipment, tools, supplies, maintenance and other items necessary to complete this Scope of Services. 2. Contractor will provide Owner with detailed specifications for acceptable wood for grinding, including percentage of allowable out throws. 3. Contractor will make a reasonable effoR leave grinding area clean and organized after each scheduled grind. 4. Contractor will haul away wood chips for recycling within a reasonable amount of time as determined by Owner. 5. Contractor will be responsible for operating in accordance with all applicable permits and conditions of those permits including operational plans. 6. Prior to commencing operations, all personnel will be trained in accordance with all rules and regulations pertaining to waste processing and screening. Contractor must sign and return New Hanover County Environmental Management Contractor Compliance Requirements. Contractor must provide to NHC DEM a Heaith and Safety Plan. 7. Contractor will be responsible for maintaining records of quantities of materials processed and recycled. These records are to be submitted to Owner after each grind. 8. Contractor understands that the primary function of this site is to operate as a municipal solid waste landfill and that the grinding operation is not to interfere with the routine operation of the landfill. New Hanover County Contract #07-0208 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THISCONTRACT,madeandenteredintothis_dayof ,2006, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and DIVERSIFIED BIOMASS COMPANY d/b/a AMERICAN PROPERTY EXPERTS, hereinafter referred to as "Contractor"; WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as foliows: 1. Performance. Contractor agrees to provide wood grinding and marketing services at the New Hanover County Landfili located at 5210 U.S. Highway 421 North, Wilmington, NC. The services are to include grinding dimensional wood products recovered from the landfill waste stream, establishing markets for the wood product and providing for transportation of wood product to the market, as described in the attached Exhibit A. Furthermore, the Contractor shall be responsible for hauling, processing, recycling or using the materials as a fuel source 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. Exhibit. The Scope of Services, marked Exhibit A, is attached hereto and made a part of this contract as though fully written herein. 3. Term. This contract is for a term of three (3) years from the date of Notice to Proceed. New Hanover County Contract #07-0208 4. Time of Performance. Contractor shall commence services upon issuance of Notice to Proceed by County and periodically provide services on a mutuaily agreed upon schedule. 5. Payment. County shall pay Contractor for the work described in paragraph 1, including processing, transportation, recycling, composting andlor use as a ~ ~~.y, ~(.~ S~O,.,~Qe~,.~~o,.~ fuel source. The br~~~g~~ "^°'° nf f_ i,~ a~_--- ^~-^° ~eras follows ~hall not exceed for the following fiscal years: Fiscal year 2007: $90,000.00 Fiscal year 2008: $120,000.00 Fiscal yea~r 20~ 9: $1~0 000~.0_0 ~~~ ~ d~.~, ~~ ~, ~p1 Z6U7~ g„r~ ~^t c.~'~^',~tµ.c.i~~" ua °~--- ~ I b. v~ Y'-°^ 6 a~~ fndemnity 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) Indemnity by Countv. County shall indemnify to the extent permitted by law, and hofd 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 workto be performed by Contractor hereunder, resulting from the negligence of or the willful act or omission of County, its agents, or employees. 7. Independent Contractor. It is mutually understood and agreed that New Hanover County Contract #07-0208 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. 8. DefaultandTermination.IfContractorfailstoprosecutetheworkwith such diligence as will insure its completion within the contract time, or if Contractor breaches any one 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 party with thirty (30) days written notice to the other party. 9. Title to Goods and Insurable Interest. Title to wood chips shall pass to Contractor and Contractor shall obtain an insurable interest therein, at the moment each respective wood chip is placed on Contractor's trailer at County's Landfill. 10. 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 wood chips are placed on Contractor's trailer at County's Landfill and other sites within the County. 11. Insurance. Contractor shall maintain insurance from companies acceptable to New Hanover County, of the kinds and minimum amounts specified below. 12. 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 #07-0208 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 limits/coverages altered, except after thirty (30) days written notice has been received by New Hanover County'. 13. 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. 14. Commercial General Liabilitv. Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liabilityand broad form propertydamage 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. 15. Automobile Liability Insurance. Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amountof $1,000,000. peroccurrence combined single limits applicable to claims due to bodily injury and/or property damage. New Hanover County Contract #07-0208 16. Umbrella Liability Insurance. Providing coverage as excess above the underlying Commercial General Liability Insurance, Automobile Liability Insurance, Employer's Liability Insurance and Owners and Contracfors 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. 17. Entire Agreement. 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. [SEAL] ATTEST: Clerk to the Board [SEAL] NEW HANOVER COUNTY Robert G. Greer, Chairman Board of Commissioners DIVERSIFIED BIOMASS COMPANY d/b/a AMERICAN PROPERTY EXPERTS By: Manager New Hanover County Contract #07-0208 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director NORTH CAROLINA NEW HANOVER COUNTY Approved as to form: County Attorney I, , a Notary Public ofthe State and County aforesaid, certify that Sheila Schult personally 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 instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. W ITNESS my hand and official seal, this day of , 2006. Notary Public My commission expires: NORTH CAROLINA COUNTY I, , a Notary Public ofthe State and County aforesaid, certify that , personally came before me this day and acknowledged that the foregoing instrument was executed. W ITNESS my hand and official seal, this_day of Notary Public 2006. My commission expires: Cllentlt: 74844 DIVERBIOM ACORDn CERTIFICATE OF LIABI LITY INSURANCE ionsros°~""' PRODULER Thomas RuMerfoo~d Inc. (Rafe) 3107 GIBnwOOd Av2~ue, Suke 105 7HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CER7IFICATE DOES NOT AMEND, EX7END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Raleigh, NC 27612 819 782-1840 Fax 979-782-1847 INSURERS AFFORUING COVERAGE NAIC 0 INBURED ' INSURER A Bituminous CasuaHy Corp fiied Biomass Comparry~ IIIC. Divers INSUREftB: An1COMP ASSUI'd11C2 COfP. DBA American Property ExpeKs iNSUaers c The Harrover Insurance Company 606 Sunnyvale Road INSURER 6 Wilmington,NCi Z~~Z INSURERE COVERAGES ~ I THE PoLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSURED NAMEDABOVE FOR THE POLICYPERIOD INDICATED. NOTWRHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WfTH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRiBED HEREIN IS SUBJECT TO ALL THE 7ERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED 8Y PAIO CWMS. lT gR ~E OF INSURANGE POLIC! NUYBER ~~~i p~~E ~p~Y ~~~M LIYITS p ~exenn~u~~m CLP3221262 12/01/05 72/01/06 EACHOCCIIRRENCE s1000000 X COMMERCULLGENEM~LIA&LfiY DFlMGETORENTED =~OOOOO CWMS MADE ~ OCCUR ~ YED EXP (My one peman) SS OOO PERSONALbADYINJURV S~0(I~OOO GENERALAGGREGATE EZ W~0 QOO ~ENiAGGREGATELINITMPlIESPER: PRO~UCTS-CONP/OPAGG SZOOOOOO POLICY j ~ X LOC A ~ur owoei~un~urr CAP3502305 12101/05 12/07/06 COMBPlE051NGLELUAT X ANV AUTO I~ acdtlan~) s~~pp0 ALL OWNED AUTOS BODRY INdURY . t SCHEOULEDAUTOS ~ (~P°~0~) X HIREDAUTOS BOD0.YINJURV " f X NON-OWNEDAUTOS (Pararn Jent) PROPERT'OAMAGE f (Por accitlent~ OAMGELI~BILRY AUTOONLY-EAACCIAENT S ANVAUTO OTHERTHAN ~ACC E AVfOONLV: ~G E A IXCESSIUMBRELUIIA&LRY C~JPZ§]]32$ ~~Jf~~~Qrj 'IZJU~~OB EACHOCCURRENCE S~OOOOOO X OCCUft ~ CLAIM6 NADE AGGREGATE E'I OOO OOO f PEDUCTIBLE f REfEM10N f f B WORKERSCONPENSf~TONRND WCV4153195 ~'1/0~(Q§ ~'jf0~~06 X '~'CSTATU- OTH- EMVLOYERS'LIABILITY ANY PROPRIETORIPARTNER/E%ECUTIVE El.FACHACCIpEM S~OOOOOO OFFICERRAEMBERE%CLU~ED't El.DISEASE-EAEtdPLOYEE S~ OOO~OIIO Il yes, CazenEO ~eNer SPECLILPROVISIONSbelaw E.1.015EASE-POLICYLIMR S~ OOOOOO C ~TMER Equipment IHR790854301 12/Ot/OS 12/01/06 s300,000 Per kem Leased/Rented $600,000 Ma~cimum DESCRIPTION OF OVERATIONS / IDCAT10N91 VENILIFS I E%CLUSIONS AODED BV EM~ORSEMEM I SPECIAL PROVISIONS New Hanover County Landflll Dept. of EnvironmeMal ManagemeM Attn: Jason Hale 3002 Hwy 421 North Wilmington, NC 28401-0008 1 ef 2 OF TXE ABOYE OESCRBED POLICIEB BE CFNCELLED BEFORE TME E%%RRTION MSURERWILLENOERVOR7pMqll __$p__ DAY9WRRTEN XOLDER N11MED TO TlIE LEFT, BUT FALLURE TO 00 90 SMRLL xo oeuen~wr~ oR w~eiurv oF nxr ~u won n~e msurtde. m ncexrs on IcS O ACORD CORPORATION 7988 ClienHl: 14844 ^IVERBIOM ACORD.v CERTIFICATE OF LIABI LITY INSURANCE omvr~ 10/18106 PROOUCEa ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Thomas Rutherfoord Inc. (Rale) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3101 Glenwood Avenue, Suite 105 - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Raleigh, NC 27672 919 782-1840'Fax'919-782-1841 INSURERS AFFORDING COVERAGE NAIC # INSURED Di INSURER A: BI~L1R11f10U5 C85U8ItY COfP versified Biomass Company, Inc. iNSUaeRe AmComp Assurance Corp. DBA American Property Experts 60 iNSUaea c: The Hanover Insurance Company 6 Sunnyvale Road Wil i iNSURea o: m ngton,NC 28412 INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICV PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV 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. LTR NSR T~PE OF INSfIRANCE POLICY NUMBER POLICY EFFECTIVE DATE MMID~IYY POLICV EXPIRATION OATE MM/DD/VV LIMITS /{ GENERAL LIABILITV CLP3227262 'IYIO'IIOS 'IYIO'I/OB EACH OGCURRENCE S~ OOO OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEO g~ OO OOO CLAIMS MApE ~ OCCUR MED EXP (My one persan) 85 0~~ PERSONAL 8 ADV INJURV 8~ OOO OOO GENERALAGGREGATE S~IOOOOOO GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG EYOOOOOO POLICV PRO- J CT X LOC A Af1T OMOBILELIABILITV CAP3502305 'IZ~O~/OS 'I~I/O'IIOG' X ANV AUT COMBINEDSINGLELIMIT itl n (Ea §~ OOO OOO O q acc e ~ ALL OWNED AUTOS BODILV INJURY 5 SCHEOULEO AUTOS (Per Oerson) X HIREOALITOS X BODILVINJt1RY id P $ NON-OWNEDAUTOS eracc enp ( PROPERTVDAMAGE E (Per accitlenp GARAGELIABWTY AUTOONLV-EAACCIDENT $ ANY AUTO OTMERTHAN ~ACC $ ' AUTO ONLY: qGG $ A E%CESS/UMBRELLALIABILITY CUP2577328 'IZ/O'IIOS 'I~IIO'IIOB EACHOCCURRENCE $'I OOOOOO X OCCUR~ ~CLAIMSMADE ~ AGGREGATE $~OOOOOO ~ E ^EDUCTIBLE - E RETENTION E ~ S B WORKERSCOMPENSATIONAN~ ... EMPLOYERS' LIABILITV WCV4'ISS'I9S. _. • ~ ~ 'IY/O~/OS ~Q~~~~O6 ~( WCSTATU- OTH- ANYPROPRIETOR/PARTNERIE%ECUTIVE ELEAGHACCIDENT $'I,OOO~OOO OFFICER/MEMBEREXCLUOED? I(yes descnEe untler OLDISEASE-EAEMPLOVEE $~ OOQOOO , SPECIAI.PROVISIONSbelow EL.DISEASE-POLICYLIMIT $~~OOO~OOO (~` OTHER Equipment IHR790854301 12/01/05 12/01/06 $300,000 Per Item Leased/Rented $600,000 Maximum OESCRIPTIONOFOPERATIONSILOCATIONS/VEHICLES/E%CLUSIONSADDEDBYENDORSEMENT/SPECIALPROVISIONS ~~~~~F/T l 1~ OCT 2 0 2006 BY:------ New Hanover County Landfill Dept. of Environmental Management Attn: Jason Hale 3002 Hwy 421 North Wilmington, NC 26401-9008 LD ANV OF THE ABOVE DESCRIBED POLICIES BE CANGELLED BEFORE THE E%PIRATION THEREOF, THE ISSUING INSIIRER WILL ENOEAVOR TO MAIL ~p_ DAYS WRITTEN ~E TO TNE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL iE NO OBLIGATION OR LIABI~ITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ^~~^~ ~~ ~~~~ ~~~~1 7 OT Z 8JJ3ti73U1M332336 ~$5 O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) musl be endorsed. A statement on this certificate does not confer rights to lhe certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject lo the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights lo the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certifcate of Insurance on the reverse side of this form does nol constitute a contrect 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 25-5 (2001/OB) y of 2 #S3367301M332336 New Hanover Counry NORTHOCAROLINA WANDA Di. COPLEI' County Attomcy 6EMP P. BURPEAU Deputy Counry Attomry E. IIOLT MOORE, III Assistznt Comty Anomey NEW HANOVER COUNTY OFFICE OF THE COUNTY ATTORNEY GOVERNMENT CENTER 230 MARKET PLACG DRIVE ~ SUITE # 125 WTLMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7153 FAX (910) 798-7157 December 7, 2006 Diversified Biomass Company Attn: Jason Thompson 606 Sunnyvale Drive Wilmington, NC 28412 Re: New Hanover Contract # 07-0208 Dear Mr. Thompson, Enclosed for your files, please find a duplicate copy of the above listed contract. Thank you for your assistance in this matter. Sincerely, Becky Breen ~' Administrative Specialist '~~,~;'(~, , ~~`t~.~''`( Y 0 Enc. New HanoverCoun[y N00.THOCAROLINA NEW HANOVER COUNTY OFFICE OF THE COUNTY ATTORNEY 320 CHESTNUT STREET, ROOM 309 WILMINGTON, NORTH CAROLINA 28401-4095 TELEPHONE (910) 798-7/53 FAX (9! 0) 798-7157 WANDA M. COPLEI' CoumyAttomey October 26~ Z~Q6 KED1P P. BURPEAU Deputy County Anomey E. HOLT MOORE,111 Assistant Counry Attomey Diversified Biomass Company Attention: Jason Thompson 606 Sunnyvale Drive Wilmington, NC 28412 RE: New Hanover County Contract -#07-0208 Dear Mr. Thompson: Enclosed please find an originnl and duplicate original of the above-referenced contract for authorized signutures by the President and Secretary, who will nffix your corpornte seal. Please note thnt nn acknowledgment by a Notary Public is required. ~ The original nnd duplicate originals are to be returned to this office, marked for my attention, olong with certificates of insurance. Thank you for your nttention to this matter. Sincerely, `-~"+`b ,~1~/rv.~ Becky Breen Administrative Support Specinlist encl, cc: Jason Hale, NHC Lnndfill Scope of Services Construction & Demolition Wood Waste Grinding & Marketing New Hanover County Landfill October 2006 The New Hanover County Department of Environmental Management (Owner) desires to reduce the amount of waste placed into the New Hanover County Landfill. It has been determined that a large percentage of waste placed into the landfill consists of waste produced by construction and demolition (C&D) activities. Of that C&D waste, a large portion has been determined to be wood that otherwise could be used beneficially. In order to recycle that portion of the waste stream, certain processing will be necessary. The following is a Scope of Services that is prepared to allow for the grinding and marketing of clean, sorted wood waste at the landfill. Owner's Responsibilities: 1. Owner will sort C&D wood waste based on Contractor's specifications. Current projections indicate that one thousand (1,000) to four thousand (4,000) tons of clean wood waste can be sorted each year using intended methods. 2. Owner will schedule processing with Contractor at least ten (10) days before the desired processing date, and stockpile enough clean wood for at Ieast one day's operating capacity for Contractor's grinder. 3. Owner will provide Contractor with an area at the landfill for grinding. 4. Owner will provide scales for Contractor to weigh the outgoing processed material. Contrector's Responsibilities: 1. Contractor will provide alI labor, equipment, tools, supplies, maintenance and other items necessary to complete this Scope of Services. 2. Contractor will provide Owner with detaited specifications for acceptable wood for grinding, including percentage of allowable out throws. 3. Contractor will make a reasonable effort leave grinding area clean and organized after each scheduled grind. 4. Contractor will haul away wood chips for recycling within a reasonable amount of time as determined by Owner. 5. Contractor will be responsible for operating in accordance with all applicable permits and conditions of those permits including operational plans. 6. Prior to commencing operatibns, all personnel will be trained in accordance with all rules and regulations pertaining to waste processing and screening. Contractor must sign and return New Hanover County Environmental Management Contractor Compliance Requirements. Contractor must provide to NHC DEM a Health and Safety Plan. 7. Contractor will be responsible for maintaining records of quantities of materials processed and recycled. These records are to be submitted to Owner after each grind. 8. Contractor understands that the primary function of this site is to operate as a municipal solid waste landfill and that the grinding operation is not to interfere with the routine operation of the landfill. C~'1- a2o~ Jason Hale/NHC To Becky Breen/NHC 10/17/2006 11:32 AM cc bcc Subject wood grinding contract Hola Becky! How's life in the big city? Out here across the river it's as quiet as the dew on a cool winter's morning (I'm trying to sound more Southern ... is it working for me?). Anyway, my wood grinding contract with Diversified Biomass (contract #04-0297) has expired and I need a new one. I've attached a scope of services. There was no official bid process because I already know that they are the cheapest deal anywhere. Here are some other pertinent details: Term: from now until June 30, 2009 Price:$9 per ton through June 30, 2007. $10 after that. Account: Environmental Management Landfill Contracted Services 70080200 700000 Insurance: I presume that the requirements spelled out in the last contract will still hold true. I tried to call Ann and Tiffany but they were not in. :( Address: Diversified Biomass Company d/b/a American Property Experts, 606 Sunnyvale Drive, Wilmingtan 28412 Contact: Jason Thompson, 202-0848 If you need anything else just whistle. 'Til then you can find me on the front porch swing with my'shine and my dawg (any better?). later, j ~ 2006 Scope of Services.doc Jason Hale, Solid Waste Planner New Hanover County Environmental Management phone 910.798.4410 fax 910.341.4371 ~ ~Q ~ ~G `'o C~ - g \ og ~ ~ s ~ ~~ ~ •< < ' °f'DEPARTMENTACCOUNT#: ~Git~)~r7(~ 7DQ7(7D CONTRACT # -~ OZO~ NEW HANOVER COUNTY ~ ~ GRANTS COORDINATOR ; CONTRACT ROUTING SLIP n .a. ~ /~ /I~ ~ ~INITIALS DATE \~ i i~ '~. ~.iv TO:~FINANCE DIRECTOR ~~ i~ Jz ~~~~C L/ , ~ ll ft ~COUNTY MANAGER ~' ~ , C-OMMfSSIO~'eFIAlR~IviA-N- f'~~' CLERK TO THE BOARD ~~ 1\{~i~ p COUNTY ATTORNEY I~ _ ~~'J~ FROM: LEGAL DEPARTMENT DATE I I 2 i ' RE: CONTRACT FOR ~~~~,/P, Y~.1 ~P/'~ V~'~fYY_~~~ ~silvlCYi a.t~ , ~. ~ ~ ~)c~~~ ~(G I ~ ~ , - - t` ~ DEPARTMENT ACCOUNT #: i :~~'~ ~ ~ ^ 1-'- ' % ~ CONTRACT # ~JrI-~'/~~'~ ~ ~ NEW HANOVER COUNTY ~ GantvTS COOaD[NnTOa . CONTRACT ROUTING SLIP , ~ a 6 . 'b~ /~~~ - ' ~ ,- INITIALS DATE ~ \ / ~ . , ~ ~(' ., ~J ~ TO: ; FINANCE DIRECTOR " t~~ . `. ~' U ~ %~ „~~ \ , "i COUNTY MANAGER ~ . ~ COMM I SSION"CHAIRNIAN- %~ CLERK TO THE BOARD ~~_ S ~1 \13~ ,~: COUNTY ATTORNEY ~M% I I ~~~D FROM: LEGAL DEPARTMENT DATE ~ ~I ~=-I1 ~ , RE: CONTRACT FOR i)~ .'. _ Y ~ 4 i. ~,'1 L~ l_~ ' -~~. \(~n~.: . ~~~ .l./