HomeMy WebLinkAbout2005 S Solid Waste - Olver IncorporatedEngineering Services for Landfill Renewed June 20084` '
-s~e`v~ ~ d 8' ~ e„
STATE OF NORTH CAROLINA AGREEMENT FOR ENGINEERING
THE COUNTY OF ORANGE SERVICES
This Agreement made and entered into by and between the County of Orange, on behalf of its
Solid Waste Department, herein referred to as "County" and Olver Incorporated herein
referred to as "Engineer" for Professional Engineering Services to support ongoing and
recurring engineering and environmental consulting services beyond the limited capability of
the Solid Waste Department.
I. WITNESSETH
That for and in consideration of the mutual promises and conditions set forth below, the
County and Engineer agree as follow:
1. This contract shall be in effect from July 1, 2005 to June 30, 2008.
2. Duties of Engineer: The Engineer agrees to provide as requested:
a} Preparation of presentation material for public meeting including AutoCAD
drawings, poster boards, renderings, etc.
b) Attendance at meetings
c) Preparation of designs and bid documents for department projects
d) Assistance in preparing scope of work requests for proposals
e} Assistance with review of bid documents and proposals
f) Preparation of drawings, calculations, evaluations, estimates, assessments, etc.
g) Review technical proposals
h) Waste characterizations
i) Master plan drawing preparation
j) Capacity calculations
k) Feasibility studies
1) Drainage%rosion control plans
m) Other technical assistance as maybe necessary
3. Duties of County: The County shall provide direction to the Engineer as to the specific
services required and the schedule of delivery for tasks. The Engineer shall submit a
written scope of work and estimated budget for approval prior to commencing work.
4. Subcontractors: The Engineer shall obtain County approval before using any
subcontractors or sub consultants
4. Billing and Payment: The Engineer shall submit regular invoices, using Standard Billing
Rates (Attachment A), for work performed and shall be paid for completion of the work
performed during that period under the terms of this Agreement. The County shall make
payment within thirty (30} days of receipt of an accurate invoice.
5. Insurance: The Engineer shall procure and maintain insurance for protection from claims
under worker's compensation acts, claims for damages because of bodily injury including
personnel injury, sickness or disease or death of any and all employees or of any person
1 ,l
other than such employees and from claims or damages because of injury to or destruction
of property including loss of use resulting therefrom. The Engineer is required to provide
policies certifying:
a) Worker's Compensation: Coverage to apply for all employees for statutory limits in
compliance with the state and federal laws. The policy must include employers' liability
with a limit of $100,000 each accident, $100,000 bodily injury by disease each
employee and $500,000 bodily injury by disease policy limit.
b) Comprehensive General Liability: Shall have minimum limits of $1,000,000 per
occurrence combined single limit for bodily injury, liability and property damage
liability. This shall include premises and/or operations, independent contractors,
products, and/or completed operations, broad form property damage and explosion,
collapse and underground damage coverage and a contractual liability endorsement.
c) Professional Errors and Omissions Liability: Coverage shall have minimum limits of
$1,000,000 per claim and $1,000,000 aggregate.
d) The County is to be included. as an additional insured on the Comprehensive, General
Liability. This requirement is to be stated on the Certificate of Insurance.
e) Current, valid insurance policies meeting the requirements herein identified shall be
maintained during the duration of the named project. Renewal certificates shall be sent
to the County thirty (30} days prior to any expiration dates. There shall also be a 30-
day notification to the County in the event of a cancellation or modification of any
stipulated insurance coverage. Certificate of insurance meeting the required insurance
provisions shall be forwarded to the County of Orange. Any wording on the certificate
that states that no liability shall be imposed upon the company for failure to provide
such notice is not acceptable and should be deleted. Original policies or certified
copies of policies maybe required by the County of Orange at any time.
f) Certificates of Insurance for all the insurance coverage described herein shall be
submitted to the County upon execution of a contract by the Engineer.
g) All insurance required under this agreement shall be written with a company licensed to
do business in North Carolina. The County may request certified copies of insurance
policies.
h) Engineer 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 Engineer except to the extent same are
caused by the negligence or misconduct of the County.
6. Amendment: This agreement may be amended or cancelled by mutual agreement of the
County and the Engineer.
7. Termination: Either the County or the Engineer 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 Engineer for all
services rendered and all costs incurred up to the date of termination.
8. Term: This Agreement may be extended up to three additional years from July 1, 2008
through June 30, 2011.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands
written.
l;V
BY
ENGINEER:
~~~
first above
WITNESS:
~l'(~V'~
This instivment has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
~~-
Finance Director
STATE OF NORTH CAROLINA
ORANGE COUNTY
I, ~ ~~ ~nC~ ~ • L~1/ ~~ S , a Notary Public for said County and State, do hereby
certify that Donna 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 Jr., Chair, sealed with its official seal,
and attested by herself as its Clerk. /~,,, ~ ,. c~ L
WITNESS my hand and official seal, this the ~ day of r I W ~JT 21305.
.~ OFFICWL SEAL
Notary PubNc. North Carolina
ORANGE COUNTY
MONI A EVANS
My Commrasro~ Exprrtas fZ a q
~'~~~~/ V~~ ~
Notary Public
My Commission expires: ~2 ~ d
STATE OF
THE CO OF
I, ~ , a Notary Public, do hereby certify that
personally appeared befo me this day and acknowledged the due execution of the foregoing Agreemem.
WITNESS my hand and official seal, this the _,~~ day of 2005.
No 'c
My Commission expires: d Z 0 L