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HomeMy WebLinkAboutAgenda - 01-23-2007-5kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 23, 2007 Action Agenda Item No. 5-k SUBJECT: Agreement For Groundwater Monitoring for the Landfill DEPARTMENT: Solid Waste PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Draft Agreement - Research and Analytical Laboratories, Inc. for Groundwater Monitoring INFORMATION CONTACT: Gayle Wilson, Solid Waste Director Telephone Number-968-2885 PURPOSE: To extend the Solid Waste Department agreement with Research and Analytical Laboratories, Inc. for ground water monitoring services at the Orange County Landfill for three additional years through December 31, 2009. BACKGROUND: Research and Analytical Laboratories have been providing semi-annual groundwater monitoring services, and other special monitoring services as necessary, at the landfill since 1992. Ground water monitoring is required by the Division of Waste Management, North Carolina Department of Environment and Natural Resources for the purpose of verifying that groundwater is not being impacted by the landfill. FINANCIAL IMPACT: Funds for Fiscal Year 2007/08 are available in the Solid Waste Department budget. Approximately $49,000 was expended in FY 2005/06. Expected expenditures for FY 2006/07 are $50,000-$60,000. RECOMMENDATION(S): The Manager recommends that the Board approve the Contract and authorize the Chair to sign the Contract, subject to final review by the County Attorney. 2 STATE OF NORTH CAROLINA THE COUNTY OF ORANGE AGREEMENT FOR GROUND WATER MONITORING This Agreement, made and entered into by and between The County of Orange, a body politic and corporate, a political subdivision of the State of North Carolina, having an address of P.O. Box 8181, Hillsborough, North Carolina 27278, on behalf of -its Solid Waste Department, herein referred to as "County" and Research and Analytical Laboratories, Inc., P.O. Box 473, Kernersville, North Carolina, hereinafter referred to as "Contractor" to provide ground water monitoring services, in and around the Orange County Landfill. WITNESSETH That for and in consideration of mutual promises and conditions set forth below, the County and Contractor agree as follows: A. Duties of the Contractor: The Contractor agrees to provide the County with the following services: • Collection and analysis of ground water samples from a maximum of 16 monitoring wells and two stream points located around the closed Municipal Solid Waste ("MSW") and Construction & Demolition ("C&D") landfills both located on the north side of Eubanks Road. • Collection and analysis of ground water samples from a maximum of 14 monitoring wells and one stream point located around the lined MSW landfill located on the north side of Eubanks Road. • Collection and analysis of samples from a maximum of 6 monitoring wells located around the new C&D landfill located on the north side of Eubanks Road and to the west of the closed MSW Landfill. • Sampling shall be in accordance with existing protocol as established by the Environmental Protection Agency ("EPA"). • Samples shall be analyzed for volatile and semi-volatiles, organics and in- organics and other criteria as may be established by the EPA or other applicable regulatory agencies. • Upon completion of services hereunder, the Contractor shall submit a report to the County containing the analytical results and all supporting background data required by EPA and any other applicable regulatory agencies in a form approved by the County's Solid Waste Director. • The Contractor shall conduct other general ground water sampling and analysis as requested by the County in addition to the collection and analysis services set forth above. B. Duties of the County: The County will measure and record water depths at each of the 36 monitoring wells and will assist the Contractor in collecting the samples. 3 C. Insurance: The Contractor shall procure and maintain insurance for protection from claims under any and all applicable worker's compensation laws, rules and regulations, and agrees that Contractor, at all times under this Agreement, shall operate as an independent contractor and that no benefits including Worker's Compensation coverage, is available to Contractor from Orange County. Contractor shall also procure and maintain insurance for protection from claims for damages because of bodily injury including personnel injury, sickness, disease or death of any and all employees of Contractor or for any person other than such employees. The Contractor shall procure and maintain insurance for protection from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. All such polices shall be in effect prior to the first date Contractor provides any services hereunder to the County. At a minimum, the Contractor is required to provide the County with evidence of insurance policies certifying the existence of the following types of insurance in the following coverage amounts: 1. Worker's Compensation: Policy coverage to apply to all employees of Contractor for statutory limits in compliance with all applicable state and federal laws. The policy must include employers' liability with a limit of no less than $100,000 for each accident, no less than $100,000 bodily injury by disease for each employee and no less than $500,000 bodily injury by disease aggregate policy limit. 2. Comprehensive General Liability: This policy shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury, liability and property damage liability. This policy 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. 3. Professional Errors and Omissions Liability: Policy coverage shall have minimum limits of $1,000,000 per claim and $1,000,000 aggregate. 4. The County is to be included as an additional insured on the Comprehensive, General Liability policy. This requirement is to be stated on the Certificate of Insurance provided to the County. 5. Current, valid insurance policies meeting the requirements herein identified shall be maintained at all times during the term of this Agreement. Renewal certificates, with associated endorsements, shall be sent to the County thirty (30) days prior to any expiration dates. The County shall be notified no less than 30 days prior to the cancellation or modification of any insurance coverage stipulated herein. Certificates of insurance meeting the required insurance provisions of this Section C shall be forwarded to the County as soon as possible. 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 will be deleted. Original policies or certified copies of policies may be requested by and delivered to the County at any time. 6. Certificates of Insurance for all the insurance coverage described herein shall be submitted to the County upon execution of this Agreement by Contractor. 7. All insurance required under this Agreement shall be written with an insurance company licensed to do business in North Carolina. Certified copies of insurance 4 policies may be requested by the County and delivered to the County by Contractor at any time during the term of this Agreement. Contractor 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 Contractor except to the extent same are caused by the negligence or misconduct of the County. D. Independent Contractor. The Contractor 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. Contractor 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 Contractor. Contractor shall not be considered an officer, agent, servant or employee of Orange County of the Solid Waste Department, nor shall Contractor be entitled to any benefits available or granted to employees of Orange County or the Solid Waste Department. E. Billing and Payment: The Contractor shall submit a bill to the Director of the Solid Waste Department upon completion of work performed hereunder. The County shall pay within thirty (30) days of receipt of an accurate invoice approved by the County. F. Amendment: This Agreement may be amended, in writing, by mutual agreement of the County and Contractor. G. Appropriation of Funds: This Agreement is subject to appropriation of required funds by the Orange County Commissioners. H. Termination: Either the County or the Contractor 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 Contractor for all outstanding invoices approved by the County incurred up to the date of termination of this Agreement. 1. Subcontractors/Assignment: The Contractor shall obtain County approval before using any subcontractors or sub consultants. This Agreement may not be assigned in whole or in part by Contractor without the prior written consent of the County. J. Term: This Agreement, unless amended as provided herein, shall be in effect from January 1, 2007 to December 31, 2009. [SIGNATURE PAGE TO FOLLOW] 5 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ORANGE COUNTY: ATTEST: BY: Moses Carey, Chair Donna S. Baker, Clerk to the Board CONTRACTOR: RESEARCH AND ANALYTICAL LABORATORIES, INC. BY: TITLE: ORANGE COUNTY FINANCE DIRECTOR "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." Kenneth T. Chavious Date 6 STATE OF NORTH CAROLINA ORANGE COUNTY a Notary Public for said County and State, do hereby certify that Donna 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 Moses Carey, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 20_. STATE OF COUNTY OF Notary Public My Commission expires. I,. , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my had and official seal, this the day of Notary Public My Commission expires 20_ 0 RE5EARCh & ANAtyriCAt UbORAT®RIES, INC. Analyiicai/Process Consultations Rate schedule for Orange County Regional Landfill Inorganic Chemicals - $210.00 per sample EPA Method 8260 - $210.00 per sample EPA Method 8270 - $400.00 per sample EPA Method 8080 - $200.00 per sample EPA Method 8150 - $200.00 per sample Total Mercury - $15.00 per sample Dissolved Mercury - $ 15.00 per sample Dissolved Cobalt - $15.00 per sample Dissolved Vanadium - $15.00 per sample Sulfide - $15.00 per sample Cyanide - $20.00 per sample Total Tin - $15.00 per sample Sampling costs - $1,208.00 per event