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HomeMy WebLinkAboutAgenda - 12-03-2007-4iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 3, 2007 Action Agenda Item No. ~- - ~ SUBJECT: Orange County Landfill Engineering Services Agreement Renewal DEPARTMENT: Solid Waste PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Draft Agreement Gayle Wilson, 968-2885 PURPOSE: To extend the Solid Waste Department agreement with Draper Aden Associates for engineering and consulting services at the Orange County Landfill for three additional years through December 31, 2010. BACKGROUND: Draper Aden Associates have been providing engineering and consulting services at the landfill since 1991. Services provided include: • The preparation of the annual Closure/Post-closure Cost Estimate for the existing and closed landfill which is required to prepare the annual Financial Assurance Letter to the Division of Solid Waste Management. • The preparation of three (3) semiannual detection monitoring reports summarizing the chemical analyses of the groundwater. The reports cover groundwater at the closed MSW/ C&D landfill, the lined MSW landfill and the new C&D landfill. These reports are forwarded to the Division of Solid Waste Management. • Conducting assessment monitoring program groundwater monitoring wells as necessary. • General consulting concerning any landfill or other solid waste issues that may arise during the year. FINANCIAL IMPACT: Funds ($80,000) for fiscal year 2008 are available in the FY 2007/08 Solid Waste Department budget. Actual expenditures to Draper Aden for FY 2005/06 were $70,328.78. Actual expenditures to Draper Aden for FY 2006/07 were $32,533.77. The original 2001 agreement sets forth the basis for payment and includes the still in force fee schedule. RECOMMENDATION(S): The Manager recommends that the Board approve the Agreement renewal and authorize the Chair to sign the Agreement subject to final review by staff and the County Attorney. STATE OF NORTH CAROLINA °~ THE COUNTY OF ORANGE AGREEMENT FOR ENGIT~TEERING SERVICES This Agreement made and entered into this day of 200 by and between Orange County, North Carolina, on behalf of its Solid Waste Department (herein referred to as "County") and Draper Aden Associates, Inc., a Virginia Corporation licensed to do business in North Carolina (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, 2008 to December 31, 2010. 2. Duties of En ig Weer: The Engineer agrees to provide the following services (hereafter "work, services or tasks") at the Standard Billing Rates setforth on Attachment A: a) An annual update of the landfill closure/postciosure costs; b) A semiannual report summarizing the results of the groundwater analysis; c) An annual update of remaining capacity of Subtitle D lined MSW landfill; d) Assessment of corrective measures for landfill gas and groundwater; e) Permit amendments/modifications; f) And other engineering and hydrogeological services that the County may require. 3. Duties of County: The Engineer shall submit a written scope of work for tasks 2.d through 2.f. The Engineer shall submit estimated budgets for all Tasks 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 County 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: 3 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 this Agreement. 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. 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 may be 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. 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. All such amendments, extensions or cancellations must be evidenced in writing signed by both parties in order to become effective. 8. 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 approved services rendered and all approved costs incurred up to the date of termination. _/ 9. Independent Contractor. Engineer shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of Orange County or the Solid Waste Department. Engineer shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be construed as creating a partnership or joint venture between Orange County or the Solid Waste Department and the Engineer. Engineer shall not be considered an officer, agent, servant or employee of Orange County or the Solid Waste Department, nor shall Engineer be entitled to any benefits available or granted to employees of Orange County or the Solid Waste Department. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ORANGE COUNTY, NORTH CAROLINA: BY: ATTEST: Moses Carey, Chair Board of Commissioners Donna Baker, Clerk to the Board Draper Aden Associates, Inc.: By: Title: WITNESS: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director