HomeMy WebLinkAbout2014-293 County Manager - OWASA - Interlocal Agreement for Rogers Road Area Extension of Wastewater System Improvements NORTH CAROLINA
ORANGE COUNTY
INTERLOCAL AGREEMENT
RELATING TO OWASA'S ASSISTANCE TO ORANGE COUNTY IN PLANNING FOR
EXTENSION OF WASTEWATER SYSTEM IMPROVEMENTS TO SERVE THE
ROGERS ROAD AREA
This Interlocal Agreement for the preliminary engineering for a wastewater system
project in the Rogers Road Area is dated as of , 2014, and is entered into by and
between Orange Water and Sewer Authority(hereinafter OWASA), an authority organized under
Chapter 162A, North Carolina General Statues, and the County of Orange (hereinafter County),
organized under Chapter 153A of the North Carolina General Statues.
WHEREAS, the County desires at its expense to begin planning for the provision of
wastewater system lines and facilities to serve residents located in the Rogers Road area of
southern Orange County, herein the "Project," which will be connected to lines in areas already
served by OWASA's existing public wastewater collection lines and facilities; and,
WHEREAS, the County is to determine the scope of the Project; and
WHEREAS, the County desires to obtain OWASA's assistance to obtain preliminary
engineering work necessary to determine the scope and predict the costs of this Project, to the
end that the Project improvements will be constructed and extended in accordance with
OWASA's collection system standards, into which the Project lines will flow; and
WHEREAS, OWASA desires and is willing to assist the County with the successful
completion of this Project work;
NOW, THEREFORE, the parties agree as follows:
I. Purpose. The purpose of this Agreement is to establish the financial and other
responsibilities of the parties for certain preliminary engineering necessary to determine the
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scope of the Project, as will be described in Exhibit A, as the same may be revised from time to
time by the parties.
2. Preliminary Engineering Activities.
a. OWASA shall undertake to prepare or have prepared preliminary
engineering work to assist the County in determining the scope, location, design, and course of
work that will be necessary to complete the Project. To the extent known and available at the
time this Agreement is executed, the nature and extent of the Project shall be as described in
Exhibit A, to be attached. If not available at the time this Agreement is executed, Exhibit A may
be hereafter provided, or amended from time to time, by the parties, at the County's direction.
b. OWASA shall employ engineers and consultants as necessary to assist in
this work. OWASA's staff may also assist in this work. OWASA shall be solely responsible for
costs incurred by its own staff work. Orange County shall reimburse OWASA for the costs of
work by outside engineers and consultants engaged by OWASA, with the County's concurrence,
for this work.
C. Design plans for the Project shall be consistent with OWASA's usual
standards and specifications, and shall be executed in accordance with OWASA's usual
procedures, as well as with the County's directions as to scope of the Project facilities. OWASA
shall develop the draft scope for this preliminary engineering work; provided,both the County
and OWASA shall approve the final scope of work for the preliminary engineering work for the
Project.
d. The costs of the preliminary engineering for the Project shall initially be
paid for by OWASA. Upon receipt of OWASA's invoices to recover the costs for this work, the
County shall reimburse OWASA for all costs associated with the preliminary engineering work
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for the Project. OWASA shall be solely responsible for the costs of its own staffs work in
coordinating the preliminary engineering work for the Project.
e. In order to ensure proper and effective project management, the
engineering consultant and any sub-consultants shall report to OWASA staff who shall work
closely with County staff to ensure the County's requirements for the Project are met. In the
event of any apparent conflicts between the County's and OWASA's requirements, the parties
shall work together to find reasonable compromise and accommodations for the Project,
consistent with OWASA's service standards.
f. In close coordination with OWASA and consistent with the need for
effective project management, the County Staff will have full access to the engineering
consultant(s) and all relevant sub-contractors, who, at the County's request, shall meet with the
County representatives or otherwise provide any information needed by the County on any
aspect of the Project. OWASA will authorize the engineering and consultant(s) and
subcontractors to meet with County representatives and to provide any information needed by
the County on any aspect of the Project.
g. The County shall be responsible for contracting with and coordinating
community outreach partnering with organizations such as the Jackson Center and Rogers
Eubanks Neighborhood Association to identify action steps to provide information and
assistance concerning the Project to the Rogers Road neighborhood.
h. Costs for the Project shall not exceed one hundred thirty thousand dollars
($130,000.00). Should the parties anticipate costs will exceed this amount the parties shall
consider an amendment to this Interlocal Agreement to address the cost increase.
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3. Ownership Interests of the Parties; Duration of Agreement; Funding; Miscellaneous.
a. Upon satisfactory completion of the Project, OWASA shall retain title to
products and deliverables obtained pursuant to this Agreement, and shall share such deliverables
with the County as the County may request.
b. The preliminary engineering responsibilities and obligations of the parties
shall continue until this phase of Project planning is completed.
C. The County shall allocate sufficient funds to pay for all the expenses
actually incurred, and for which it is responsible under the scope of this agreement.
d. Both parties agree that it may be necessary to change the scope of work
for the engineering consultant(s) required for the Project, and that any such changes must be
approved by both parties. However, OWASA shall keep the County fully advised with respect
to all change orders necessary for completion of the Project.
e. Payment of the engineering consultant(s) will be administered and made
by OWASA. The County will be invoiced monthly and will reimburse OWASA in full within
30 days for all expenses related to this Project.
f. Each party will designate a single point of contact for the day-to-day
administration for all aspects of this agreement for the express purpose of efficient project
management. It will be the responsibility of this contact person to disseminate information to
their respective organizations.
g. Both parties recognize the importance of timely reviews and approvals.
Each party will use their best efforts to provide and complete responses to issues dealing with
plan reviews, proposed change orders, payment, and project acceptance.
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4. Amendments.
All amendments to this agreement shall be approved by both parties and must be
in writing. No amendments not in writing and executed with the formalities of this Agreement
shall be valid.
5. Trust and Support; Cooperative Effort.
Both parties agree that there are many issues and details relating to the successful
completion of this project which are not specifically covered in this agreement. Both parties
further agree to observe as a guiding principle, "trust and support,"with respect to successfully
resolving any issues which may arise during the duration of this agreement.
IN WITNESS WHEREOF, the parties have entered into and caused to be
executed in their names this Interlocal Agreement, to be effective from and after this /0 day
of , 2014.
ORANGE COUNTY ORANGE WAT AN EWER A THORITY
Ora— ngeZount omin si ners, Chair OWASA ar rs Chair
Pre-audit Certification by Pre-audit Certification by
County Finance Officer: OWASA Finance Officer:
Approved as to form and legality:
Or Me ounty Attorney OWASA General Counsel
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