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HomeMy WebLinkAbout2008-321Trademark Metals Recycling LLC b a� C,I:' Trademark Metals Recycling LLC as Contractor under the certain contracts for Scrap Metal Processing dated August 24, 2004 with St. Lucie County, FL as such hereby requests and warrants to Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida ("SWDD") that: 1. the contract is attached hereto as Exhibit I and incorporated herein by reference excluding term of Contract; 2. Contractor will perform the services set forth in Exhibit 2 attached hereto and incorporated herein by reference for SWDD under all of the terms and conditions of the Contract; 3. All references to St. Lucie County Florida in the Contract shall be deemed to mean SWDD; 4. Contractor will submit payment to SWDD, via check made payable to Indian River County Solid Waste; and 5. SWDD will be named as an additional insured on all of the types of insurance set forth in the Contract. 6. The term of Contract for Indian River County Solid Waste is one year with an option of 3 additional one (1) year extensions. Date: 7/70/0 8 Trademark Metals Recycling LLC s -- J� Title: 'Fj D>IAN RIVRR G(1TY SOLI AST)J DISPChAL DISTRICT Wesley S ' aec sNice-Chairman .._L._._ Attest: BY:__c %.Clerk of Court Clerk seph A 'Baird, County Approved U to form and legal suffici Marian E. Fell, Assistant County A Physical Address Mailing Address 490 Ansin Road P.O. Box 562687 Rockledge, R. 32956-2687 Rockledge, FI. 32955 (321) 636-2781, Fax: (321) 631-5808 f A700g0 o90 q5� CONTRACT EXHIBIT 1 ACT made this da THIS CONTRACT, Y of 2004 between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY," and Trademark Metals Recycling Co. LLC, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1, PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of 5t. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is disposal of scrap metal at the baling and recycling facility. The Contractor agrees to comply with all local, state, and federal laws and regulations including but not limited to all regulations regarding the removal of refrigerants. 3, PROJECT MANAGER The Project Manager for the County is Leo Cordeiro at (772) 462-1631. The Project Manager for the Contractor is Repperd Boyett at 1-800-782-2944. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this -1- Contract. The Project Manager, however, has no authority to approve or execute Change Order Work, 4, CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 1 through 13 inclusive. B. Contractor's Bid and Bid Bonds, consisting of 12 pages. C. Bid Documents, consisting of: Call for Bids and Instructions to bidders. Special Conditions, consisting of 6 pages. Technical Provisions, consisting of 2 pages. D. Addenda No. 1 , consisting of 2 pages. E. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract, F. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5, PERFORMANCE GUARANTY -2- That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the Work, and further guarantees the successful performance of the Work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor or its Surety from his or its obligations to do and complete the Work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the County to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 6. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period of five (5) years from the date first written above. Upon mutual agreement, the parties may extend the terms of the Contract for one (1) additional three-year term. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. Should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as planned within the required time and to charge the cost of all such work against the Contractor and his, or its surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligations or expenditure made by the Contractor prior to the effective date of this Contract, unless the County authorizes such payment in writing. 7. CONTRACT PAYMENT The Contractor shall pay to the County for the performance of this Contract at the rate of 52.75% of revenue of Number 2 Bundle price based on Birmingham Market at the time the materials are removed from the St. Lucie County Solid Waste Baling & Recycling Facility. Payment shall be made within 20 days of removal of materials from the St. Lucie County Solid Waste Baling & Recycling Facility. -3- 8. SUBCONTRACTORS In the event Contractor requires the services of any contractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such contractor or professional associate. 9. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after payment of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to change for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall by check payable to the County the amount of such change in payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 10. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. ill CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other cause whatsoever. -4- Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, has conducted a sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other cause whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 12, INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and -5- character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. 13, INSPECTION The project will be inspected by the Project Manager and will be rejected if it is not inconformity with the Contract provisions. Rejected Work will be immediately corrected by the Contractor. When the Work is substantially completed, the Contractor shall notify the County in writing that the Work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 14. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) -6- premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 15. DEFAULT; TERMINATION A, FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: -7- (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the County in completing the Project and for reimbursement of damages incurred. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certif ied by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, and does expressly waive, in the event -8- of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. B. WITHOUT CAUSE The County may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the Contractor. Upon such termination, the Contractor waives any claims for damages from the termination without cause including, without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the County's ability to construct the project for the Contract amount; (2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the County in completion of the project, in addition to liquidated damages, construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. 16, NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for gmployment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS -9- The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 18. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (2003) and as may be amended from time to time. 19. ASBESTOS -FREE MATERIALS Contractor shall not use any asbestos or asbestos -based fiber materials in the Work performed under this Contract. 20. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the Contractor shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. 21. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: -10. As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 Trademark Metals Recycling Company, LLC 490 Ansin Road Rockledge, FI 32955 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 22. NON -WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 23. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2003) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as -11- to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 24, DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 25. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list -of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26. INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be -12- interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: WITNESSES $ BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA n BY CHAIR AN APPROVE 5 TO FORM AND CORR CnTNES / COUNTY ATT TRADEMARK METAS RECYCLING COMPANY, LLC BY: Prir Titl c;\Documents and Settings\Administrator\Local Settings\Temp\trademark.wpd 43 - Trademark Metals Recycling LLC SPECIFICATIONS FOR THE DISPOSAL OF SCRAP METAL AT THE INDIAN RIVER COUNTY LANDFILL EXHIBIT 2 July, 2007 INTENT Removal of scrap metal and discarded appliances from the Indian River County Landfill to be sold as recyclables. SPECIFICATIONS: 1. Indian River County will establish a separate site at the Landfill for the collection and storage of scrap metal and appliances. All refrigerators will be stood upright for purposes of purging CFC. 2, The Contractor's vehicle shall weigh empty upon the Landfill scales upon entering the Landfill. The same vehicle, when loaded, shall weigh loaded upon leaving the Landfill. The net weight shall be the weight of material removed and sold as recyclable. ;. The Contractor shall provide the necessary equipment, vehicles, and personnel for the removal of scrap metal and appliances from the Landfill. 4, The Contractor shall remove scrap metal and appliances at a minimum of every two(2) months. 5. Payment to the County for the material removed from the Landfill shall be made within 20 days after the date of the removal of the material. 6. The initial term of the Contract to be determined by both parties. 7. The Contractor has total responsibility for the operation and maintenance of Contractor's equipment and vehicles owned or leased while on County property. While at the Landfill, the Contractor and/or all of his employees shall abide by the rules and regulations governing the operation of the Landfill. Physical Address 490 Ansin Road Rockledge, FI. 32955 Mailing Address P.O. Box 562687 Rockledge, R. 32956-2687 (321) 636-2781, Fax: (321) 631-5808 8. The price bid shall be a percentage of the Number 2 Bundle Price based on the Birmingham Market and shall include collection and transportation of materials from the Indian River County Landfill located at 1325 74`x' Ave SW, Vero Beach, FL 32968 to the Contractors designated site. 9. Contractor shall process all materials within Federal, State, local and the Solid Waste Section guidelines. Any proposed regulations that are adopted by the Regulatory agencies that are more restrictive than this Document shall be incorporated into this Contract. 10. Contractor, at their own expense, shall market and sell or remove the materials generated by the Landfill in a manner that Indian River County will receive recycling credits. 11. The initial term of this Agreement shall be for 1 (one) year beginning August 1, 2008. At the option of the parties, this Agreement may be renewed with 3 additional one (1) year extensions upon the same terms and conditions specified herein, provided however, that the Agreement may be amended to,reflect the renegotiation of terms acceptable to County and Contractor. The amount to be paid to the Indian River County Landfill by the Contractor will be based on 52.75% of the Number 2 Bundle Price based on the Birmingham Market at the time the materials are removed from the Indian River County Landfill. Representative Indian River County Landfill Rep Boyett Trademark Metals Recycling LLC DISPOSAL OF SCRAP METAL representing :ti an Comp Y p � and / r Co o ation, agree to perform all of the requirements to complete the t Work required in the specifications for the price of. 1. The amount to be paid to the Indian River County Landfill will be based on 52.75% of the Number 2 Bundle Price based on the Birmingham Market at the time the materials are removed from the Indian River County Landfill. NAME OF CONTRACTOR ADDRESS:,\ TELEPHONE: 3 Czs.'7-� SIGNATURE: TITLE: DATE: l__c 10, Z cy 25,53 C. PRODUCER MARSH Marsh USA Inc. 100 North Tryon Street, Suite 3200 Charlotte NC 28202 CA NON-RESIDENT NO. OB22889 6115 -DJJC-CAS-08-09 DJ -TM FL INSURED Trademark Metals Recycling LLC 400 North Ashley Drive, Suite 1300 Tampa, FL 33602 CERTFICATE NUMBER CERTIFICATE OF INSURANCE ATL'00138923401 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A Arch Insurance Company COMPANY B N/A COMPANY C COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 3 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ----- - — -- ---- ---- - POLICY EFFECTIVE POLICY EXPIRATION LIMITS CO TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMIDDIYY) LTR GENERAL LIABILITYGENERAL AGGREGATE__ --I.$ - ---- 9.2 A X COMMERCIAL GENERAL LIABILITY 31 GPP4931901 02/29/08 01/01/09 PRODUCTS - COMP/OP AGG $ _ _ _,. _ _ 3,250.000 ---- PERSONAL & ADV INJURY_ $ - 1,250,000 CLAIMS MADE OCCUR EACH OCCURRENCE _ $ 1.250,000 OWNER'S & CONTRACTOR'S PROT $ X FIRE DAMAGE (Any one fire) _ MED EXP An one Orson IR - PER OCCURRENCE MI$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I $ 3,000,000 A X ANY AUTO 31 CAB4932001 02/29/08 01/01/09 BODILY INJURY ALL OVMIED AUTOS (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accidenlI NON -OWNED AUTOS I PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I $- t__ ANY AUTO OTHER THAN AUTO ONLY_ - ------------ EACHACCIDENT_j$_ ,_. AGGREGATE i $ EXCESS LIABILITY EACH OCCURRENCE $_ _ _ - .------------- AGGREGATE _ _..,'.$ ___._...._ UMBRELLA FORM '$ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X TORY LIMITS T_ER __— EMPLOYERS' UABWTY 31 WC14932101(AOS) 02/29/08 01/01/09 EL EACH ACCIDENT -- $ - _ _. 1,000.000 A01/01/09 EL DISEASE-POLICYLIMIT I$ 1,000,000 A THE PROPRIETOR/ NX INCL 31 WC14932201(OR,WI) 02/29/08 1,000,000PARTNERS/EXECUTIVE ELDISEASE-EACHEMPLOYEE $ OFFICERS ARE: EXCL OF CERTIFICATE HOLDER Indian River County Solid Waste 1325 74th Ave SW Vero Beach, FL 32968 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE 1 XPIRAIION DATE THEREOP. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ID DAYS WRIf1[.N N0110E TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALI IMPOSF NC OHI IGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESLNTATNFS OR THE ISSUER OF THIS CERTIFICATE AUTHORIZED REPRESENTATIVE of Marsh USA Inc. y: 4•irii •` A-. BY: Libby Wilson "��C MM1(3102) VALID AS OF:06111108