HomeMy WebLinkAbout2004 S Solid Waste - Orange County Landfill Engineering Services Agreement Renewal.,
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STATE OF NORTH CAROLINA AGREEMENT FOR ENGINEERING
THE COUNTY OF ORANGE SERVICES
This Agreement made and entered into this day of ,T~ 200~by and between the
County of Orange, on behalf of its Solid Waste Department (herein referred to as "County")
and Draper Aden Associates (herein referred to as "Engineer").
WHEREAS, the County wishes to contract with the Engineer for professional engineering
services related to ongoing groundwater monitoring and analysis on County owned property
and other engineering and hydrogeological services as directed in writing by the County: and
WHEREAS, the Engineer wishes to provide these services.
NOW THEREFORE, it is mutually agreed as follows:
1. This contract shall be in effect from January 1, 2005 to December 31, 2007.
2. Duties of Engineer: The Engineer agrees to provide the following services (hereafter
"work, services or tasks"):
a} An annual update of the landfill closure/postcloswe costs;
b) A semiannual report summarizing the results ofthe groundwater analysis;
c) Permit amendments;
d} And other engineering and hydrogeological services that the County may require.
3. Duties of County: The County shall provide direction to the Engineer in writing as to the
specific services required to be performed by the Engineer and the required schedule of
delivery for Tasks2.a, 2b, 2c and 2d. The Engineer has performed Tasks Z.a and 2.b since
1995, and a scope of work is not required for these tasks. The Engineer shall submit a
written scope of work for tasks 2.c and 2.d and an estimated budget for Tasks 2.a, 2.b, 2.c
and 2.d for approval by the County prior to commencing work under this agreement.
4. Subcontractors: The Engineer shall obtain County approval before using any
subcontractors or sub consultants
5. 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. Payment shall be .made
by the Caunty within thirty (30) days of receipt of an accurate invoice.
6. 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
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 the following types of coverage:
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 Coumy 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. Wording on the certificate
which 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 j 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
da business in North Carolina. Certified copies insurance policies may be requested by
the County.
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.
7. Amendment: This agreement may be amended, extended or cancelled by mutual agreement
of the County and the Engineer.
8. Termination :Either the County or the Engineer may terminate this Agreement at any time
with or without cause upon giving the other patty 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.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above
written.
COUNTY:
BY:
Moses Carey Jr., Chair
ENGINEER:
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Jeffre te(Vice President
Public
WITNESS:
Melba B. Anderson, Notary
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act.
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Finance Director
STATE OF NORTH CAROLINA
ORANGE COUNTY
I, ~a-y~ ~ c.`I~~ , a Notary Public for said County and State, do hereby
certify that Donna 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 $arrp3ativbs, Chair, sealed with its official seal, and attested by
herself as its Clerk. ~~~ ~; ~'l
WITNESS my hand and official seal, this the ~?•~' day of .J 200
1
Notary Public
My Commission
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OFFICIAL SEAL
Notary Public, North C8r01fna
ORANGE COUNTY
DAVID HUNT
My Commission Expires
STATE OF ~ t F~'t r1~+
COUNTY OF (Y1 cY~~;C ~7~n w ~/
I, ~~rt (b ~~ „ ~ ~ ~ tf xti~ , a Notary Public, do hereby certify that J e Tl`t~ l/ ~ ~(`tr.~
personally appeared before me this day and acknowledged the due execution of the foregoing Agreement.
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WITNESS my hand and official seal, this the ~ ! day of ~ ce r\ucc ~ y 200.
Notary Public
My Commission
expires: /D ~'/ e21)C