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Home My WebLink AboutAgenda - 11-16-2004-5hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 15, 2004 Action Agend Item No. ~-~ SUBJECT: Orange County Landfill Engineering Services Agreement Renewal DEPARTMENT: Solid Waste/Purchasing PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Agreement INFORMATION CONTACT: Gayle Wilson, Solid Waste Director, 968-2885 Pam Jones, Purchasing Director, 245 2650 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To renew an agreement between the Solid Waste Department and Draper Aden Associates for engineering and consulting services at the Orange County Landfill through December 31, 2007. BACKGROUND: Draper Aden Associates have been providing engineering and consulting services at the landfill since 1991. Ongoing services will include: • The preparation of the annual Closure/Post-closure Cast Estimate for the existing and closed landfill which is essential to prepare the State-mandated annual Financial Assurance Letter to the Division of Solid Waste Management. The fee is estimated to be about $1,000 annually, • The preparation of semiannual detection monitoring reports summarizing the groundwater chemical analyses supplied by Research and Analytical Laboratories, Inc. These State - mandated reports are forwarded to the Division of Solid Waste Management (DSWM), and must be prepared by a licensed geologist, The fee is estimated to be about $12,000. • The DSWM requires that the Landfill Operating Permit be renewed every five years, Permit renewal documents must be submitted to the DSWM no later than December 1, 2005, We estimate that about $10,000 to $15,000 will be expended to prepare the permit renewal documents, • General consulting concerning any landfill or other anticipated solid waste issues that may arise during the year, The Solid Waste Department has historically expended about $6,000 annually for general consulting with this firm, FINANCIAL IMPACT: Sufficient funds to cover anticipated expenditures of about $15,000 through June 2005 are available in the approved FY 2004-0,5 Solid Waste/Landfill Operations Fund budget. The permit renewal will be funded in the FY 2005-06 operating budget, z RECOMMENDATION(S): The Manager recommends that the Board approve the agreement renewal with Draper Aden Associates and authorize the Chair to sign the Agreement, subject to final review by Staff and the County Attorney. STATE OF NORTH CAROLINA AGREEMENT FOR ENGINEERING O TIC COUNTY OF ORANGE SERVICES This Agreement made and errtered into this _ day of 200 by and between the County of Orange, on behalf of its Sofid Waste Department (herein referred to as "County") and Draper Aden Associates (herein referred to as "Engineer"). ~/ WHEREAS, the County wishes to cotmact with the Engineer for professional °setxic~--~' engineering services related to ongoing groundwater monitoring and other services as directed by the County: and WH1~tEA5, the Engneer wishes to provide these services. NOW THEREFORE, it is mutually agreed as follows: 1. This comract shall be in effect from January i, 2005 to December 31, 2008. 2. Dudes of Engineer: The Engineer agrees to provide: a) An annual update of the closure/post-closure costs; b) A semiannual report surntnarizing the results of the groundwater analysis; c) Permit amendmetrts; d) And outer engineering and hydrogeological services that the County may require.. 3, ta~r;es of Gaunty~ The County shall provide direction to the Engineer as to the specific services required and the schedule of delivery for tasks2.a and 2.b. The Engineer has performed Tasks 2.a and 2,6 since 1995. A scope of work is not required for these tasks. However, an annual budget estimate is required The Engineer shall submit a written scope of work and estimated budget for approval prior to commenting work under tasks 2.c and 2.d 4. Sucontractors: The Engineer shall obtain County approval before using airy subcorrtractors or sub consuhants. 5, Billing and Pavment: 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. prance: The Engineer shall procure and maintain iasurance 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 towage: a) Worker's Compensation: Coverage to apply for all employees for statutory limits in compliance with the state and federal laws. The polity must include employers' liability with a limit of $100,000 each accidem, $]00,400 bodily injury by disease each employee and $500,000 bodily injury by disease polity 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) Proihssional 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 requiremerrt is to be stated on the Certificate of Insurance, e) Currern, valid insurance policies meeting the requirements herein identified shall be maimained during the duration of the named project, Renewal certificates shall be sem to the County thirty (30) days prior to a~+ expiration dates, There shall also be a 30 day notification to the County in the evetrt of a cancellation or modification of any stipulated insurance coverage. Certificate of insurance meeting the requued 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 far failure to provide such notice is not acceptable and should be deleted. Origutal policies or certified copies of policies maybe required by the County of Orange at eny time. f) Certificates of Insurance for all the insurance coverage described herein shall be submitted to the county upon execution of a comract 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 Coumy. b) 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 airy person or persons caused in whole or in part by the negligence or willful misconduct of the Engineer except to the extern same are caused by the negligence or misconduct of the Coumy, 7. Amendmem: This agreement may he amended, extended or cancelled by mutual agreement ofthe County and the Engineer. 8. Termination :Either the County or the Engineer may terminate this Agreemem at any time with or without cause upon giving the other party 21 calendar days prior written notice, Coutrty shall within sixty calendar days following termination pay the Engineer for all services rendered and all costs incurred up to the date of termination. 0 IN TESTIMONY WI~REOF, the parties have hereunto set their hands and seals the day and year first above written, COUNTY: BY: Barry Jacobs, Chair ENGINEER: ATTEST; Donna Baker, Clerk to the Board WITNESS: This instrument has been pre-audited in the manner required by the Local Governmem Budget and Fiscal Cotrtrol Act. Pittance D'aector STATE OF NORTH CAROLINA ORANGE COUNTY 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 insttvrrterrt was signed in its name by Barry Jacobs, Chair, sealed with its o~ciat seal, and attested by herself as its Clerk. WITNESS my hand and offiaal seal, this the day of aoo . Notary Public My Commission expires:, _ STATE OF _ COUNTY OF ~ , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of tha foregoing Agreement. WITNESS my hand and official seal, this the ___,_~, day of 200 Notary Public U My Commission expires: