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HomeMy WebLinkAbout2005 S Solid Waste - Otver Incorporated -Contract Award: Engineering Services for Landfill STATE OF NORTH CAROLINA THE COUNTY OF ORANGE AGREEMENT FOR ENGINEERING 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 Otver 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 Eng,~neer: The Engineer agrees to provide as requested: a) Preparation of preservation material for public meeting including AutoCAD drawings, poster boards, renderings, etc. b} Attendance at meetings c) Preparation of designs and bid documents far 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/erosion 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 alI employees or of any person r 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 (3fl) 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 may be required by the County of Orange at any time. fj Certificates of Insurance for aU the insurance coverage described herein shall be submitted to the County upon execution of a contract by the Engineer.. g) Atl 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 lass, 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 termipate 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 T~ST'IMONY WHEREOF, the parties have written. COUN'T'Y: EN ER: C and seals the day and year first above ,~.~/oo ATTEST: ar~~ ~st~titi ~., /1 O~'/tom-, Donna S. Baker, Cler to the Board WITNESS: This instrument has been pre-audited in the manner required by the I..ocal Government Budget and Fiscal Control Act. Finance Director STATE OF NORTH CAROLINA ORANGE COUNTY IInn ~l,~ I,~ ~ W~ ~ • (~(JQ~ S , a Notary Public for said County and State, do hereby certify that Donna S. Baker personally appeared before nie thin date and acknowledged that she is the Clerk to the Boazd 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. WITNESS my hand and official seal, this the OFFICIAL SEAL Motay Public. NoM CaroYna ORANGE COUNTY '~ Expir a ~ ~ 0'7 S My Gommiasron day of t,.[~J f z005. ~1~.-~f ~~ ~~~yL~ Notary Public My Commission expires: ~ ~ ~"~ cl STATE OF THE CO I, //I ~' vii , a Notary Public, do hereby certify ~1~~~(.t~ personally appeared before me this day and acknowledged the due execution of th foregoug Agreement. WITNESS my hand and official seal, this the ,~~ day of _~~ ~_ 2005. Notary l~ti lic My Commission expires: (~ 2 Q