Loading...
HomeMy WebLinkAbout2005 S Solid Waste - Summit Consulting Engineers Surveying at Landfill.~ i ~ ~ RETURN THIS COPY TO THE CLERK'S OFFICE FOR THE PERMANENT AGENDA FILE STATE OF NORTH CAROLINA AGREEMENT FOR SURVEYING THE COUNTY OF ORANGE SERVICES This Agreement, .made and entered into this the ~~ day of ~ , 2006, by and between The County of Orange, on behalf of its Solid ste Dep ent, herein referred to as "County", and Summit Consulting Engineers, herein referred to as "Surveyor", for services during the continued operation of the Orange County Landfill, herein referred to as "landfill", and other services the County may require. WITNESSETH That for and in consideration of mutual promises and conditions set forth below, the County and Surveyor agree as follows: A. Duties of the Survey: Surveyor agrees to provide surveying services that the County may require during the operation of the landfill and other surveying services that the County may require. Surveyor shall provide a written scope of work and budget for approval prior to commencing work. B. Duties of the County: County shall provide direction to the Surveyor as to specific services required. The Surveyor shall submit a written scope of work and estimated budget for approval, at the County's sole discretion, prior to commencing work. C. Relationship of Parties: Each party is, and shall remain, an independent contractor with respect to all services performed under this Agreement. Each party shall select the means, method, and manner of performing their respective services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting either party as the agent, representative, or employee of the other for any purpose or in any manner whatsoever. Each party represents that it has or .will secure at its own expense. all personnel required in performing their respective services under this Agreement. Any and all personnel of either party or other persons engaged in the performance of any work or services under this Agreement shall have no contractual relationship with the other party, and shall not be considered an employee of any other party. Any and all claims that might arise under the Unemployment Compensation Act, the Workers' Compensation Act of the State of North Carolina, or any other applicable Federal. or State law, rule, or regulation on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against either party, its officers, agents, contractors, or employees shall in no way be the responsibility of the other party. To the extent permitted by law, each party shall defend, indemnify, and hold the other -party, its officers, agents, and employees harmless from any and all such claims. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from. the other party, including, without limitation, tenure rights, medical and hospital care, sick and D_. Billing and Payment: Compensation for work performed under this agreement shall be paid based on Surveyor's Schedule of Standard Rates for Surveying Services attached to this agreement. The County shall pay Surveyor within thirty (30) days of receipt of an accurate invoice approved by the County. E. Amendment: This Agreement may be amended, in writing, by mutual agreement of the County and Surveyor. F. Appropriation of Funds: This Agreement is subject to appropriation of required funds by the Orange County Commissioners. G. Termination: Either the County or the Surveyor may terminate this Agreement at 2.ny 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 Surveyor for all services rendered and all costs incurred up to the date of termination. H. Subcontractors: The Surveyor shall obtain County's written approval before using any subcontractors or sub consultants. I. Term: This Agreement, unless amended as provided herein, shall be in effect through December 31, 2008. This agreement maybe extended up to three additional years. 3 STATE OF NORTH CAROLINA ORANGE COUNTY I,~_ ~G~~~ Notary Public for said County and State, do hereby certify th 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 Barry Jacobs, Chair, sealed with its official seal, and attested by herself as its Clerk. ~-, ! , WITNESS my hand and official seal, this the_~day o ~~~2006. Notary Pu ' My Commission expires ~~"~~ U STATE OF N (S(~ C;~v f ~1~~ COUNTY OF~. I,. ~( ~ , , a Notary Public, do hereby certify that W . ~~'~ ~ - personal ppeared efore me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of t/~Ol~ 2006. •'• ~' F . ,~QTA/3~ •~' Not y Publi _.•- p.. ~LJ8L1G,, ~c~ My Commission expires 5 0 ~D ~ ~ ~Ni_i~. .;iC'~~ t ~~SUMMIT Cons>thinp Eagiaeers Letter o f I n t e r e s t SCI~iEDULE OF STANDARD RATES FOR SURVEYING SERVxC:ES CLASSIFICATION HOURLY RATE A. Survey Manager $ 80.00 B. Senior Surveyor $ d0.0(} C. Office Technician {CADD) D. 3-Man Field Crew E. 2-Man Field Crew F. I -Man Field GPS/RTK G. Administrative H. Expenses andlor Outside Services, i.e., postage/delivery, reproduction casts, etc. $ 45.00 $110.00 $ $5,00 $ ~s.oo $ 35.0(? (1.1 times our direct cost) Purge 9