Loading...
HomeMy WebLinkAboutS Solid Waste - For Groundwater Monitoring for the Landfill/-~3_d ~ ~~ STATE OF NORTH CAROLINA AGREEMENT FOR THE COUNTY OF ORANGE GROUND WATER MONITORING This Agr~~ .;nt, made and entered into by and between The County of Orange, a body politic ,.~.~u corporate, a political subdivision of the State of North Carolina, having an address of P.O. Box 8181, Hillsborough, North Carolina 27278, on behalf of its Solid Waste Department, herein referred to as "County" and Research and Analytical Laboratories, Inc., P.O. Box 473, Kernersville, North Carolina, hereinafter referred to as "Contractor" to provide ground water monitoring services, in and around the Orange County Landfill. WITNESSETH That for and in consideration of mutual promises and conditions set forth below, the County and Contractor agree as follows: A. Duties of the Contractor: The Contractor agrees to provide the County with the following services: • Collection and analysis of ground water samples from a maximum of 16 monitoring wells and two stream points located around the closed Municipal Solid Waste ("MSW") and Construction & Demolition ("C&D") landfills both located on the north side of Eubanks Road. • Collection and analysis of ground water samples from a maximum of 14 monitoring wells and one stream point located around the lined MSW landfill located on the north side of Eubanks Road. • Collection and analysis of samples from a maximum of 6 monitoring wells located around the new C&D landfill located on the north side of Eubanks Road and to the west of the closed MSW Landfill. • Sampling shall be in accordance with existing protocol as established by the Environmental Protection Agency ("EPA"). • Samples shall be analyzed for volatile and semi-volatiles, organics and in- organics and other criteria as may be established by the EPA or other applicable regulatory agencies. • Upon completion of services hereunder, the Contractor shall submit a report to the County containing the analytical results and all supporting background data required by EPA and any other applicable regulatory agencies in a form approved by the County's Solid Waste Director. • The Contractor shall conduct other general ground water sampling and analysis as requested by the County in addition to the collection and analysis services set forth above. B. Duties of the County: The County will measure and record water depths at each of xhe 36 monitoring wells and will assist the Contractor in collecting the samples. • policies may be requested by the County and delivered to the County by Contractor at any time during the term of this Agreement. Contractor agrees to indemnify and hold harmless the County from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the County. D. Independent Contractor. The Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of Orange County or the Solid Waste Department. Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and 'nothing herein shall be construed as creating a partnership or joint venture between Orange County or the Solid Waste Department and Contractor. Contractor shall not be considered an officer, agent, servant or employee of Orange County of the Solid Waste Department, nor shall Contractor be entitled to any benefits available or granted to employees of Orange County or the Solid Waste Department. E. Billing and Payment: The Contractor shall submit a bill to the Director of the Solid Waste Department upon completion of work performed hereunder. The County shall pay within thirty (30) days of receipt of an accurate invoice approved by the County. • F. Amendment: This Agreement may be amended, in writing, by mutual agreement of the County and Contractor. G. Appropriation of Funds: This Agreement is subject to appropriation of required funds by the Orange County Commissioners. H. Termination: Either the County or the Contractor may terminate this Agreement at any time with or without cause upon giving the other party 21 calendar days prior written notice. County shall within sixty calendar days following termination pay the Contractor for all outstanding invoices approved by the County incurred up to the date of termination of this Agreement. I. Subcontractors/Assi nment: The Contractor shall obtain County approval before using any subcontractors or sub consultants. This Agreement may not be assigned in whole or in part by Contractor without the prior written consent of the County. J. Term: This Agreement, unless amended as provided herein, shall be in effect from January 1, 2007 to December 31, 2009. [SIGNATURE PAGE TO FOLLOW] . . STATE OF NORTH CAROLINA • ORANGE COUNTY ~_ . I, cr~ /~.~~~, a Notary Public for said County and State, do hereby certify that onna S. Baker personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Moses Carey, Chair, sealed with its official seal, and attested by herself as its Clerk. ~~ 20®.~ WITNESS my hand and official seal, this the~day of ~.~ _ r~ <~`L~~ Notary P is My Commission expires ~~ `.~ ti ~- o~.~ ~ • STATE OF_ COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of Notary Public My Commission expires C~ 20 5