Orange County NC Website
Browse       Search
3 <br />g) Engineer, its agents, employees, subcontractors and subconsultants shall comply with all <br />federal, state and local laws, regulations and policies that relate to the performance of <br />Tasks pursuant to this Agreement. <br />h) Engineer shall be responsible for all errors or omissions, in the performance of the <br />Agreement. Engineer shall correct any and all errors, omissions, discrepancies, <br />ambiguities, mistakes or conflicts, within 10 days of written notice by the County and at <br />no additional cost to the County. <br />Duties of County: <br />Section 3 of the Agreement is amended as follows: <br />The County shall provide direction to the Engineer as to the specific services required to <br />be performed by the Engineer and the required schedule of delivery for all Tasks listed <br />above. <br />Subcontractors: <br />Section 4 of the Agreement is amended as follows: <br />The Engineer shall obtain County approval before using any subcontractors or sub- <br />consultants. No permission for subcontracting or subconsulting shall create between the <br />County and the subcontractor or subconsultant, any contract or any other relationship. <br />Billing and Payment: <br />Section 5 of the Agreement is amended as follows: <br />The Engineer shall submit regular invoices, using Standard Billing Rates (Attachment A), <br />for work performed and shall be paid for completion of the work performed during that <br />period under the terms of this Agreement. Authorization to proceed with work under this <br />Agreement is contingent upon availability of funding as appropriated annually through <br />the approval of the overall Department of Solid Waste Management's Budget. Payment <br />shall be made by the County within thirty (30) days of receipt of an accurate invoice. If <br />there are questions regarding the invoice for services, payment shall be guaranteed within <br />thirty (30) days of satisfactory resolution of the issues relating to the invoice. <br />Amendment: <br />Section 7 of the Agreement is amended as follows: <br />This Agreement may be amended, expanded, or cancelled by mutual agreement of the <br />County and the Engineer or by written request by County with at least 30 days notice. The <br />County and Engineer may exercise an option to renew the Agreement for an additional <br />two (2) years through December 31, 2016. <br />The Agreement is further amended to add the following clauses: <br />Section 10 -Indemnity: <br />The Engineer agrees, to the fullest extent permitted by law, to indemnify and hold <br />harmless the County against all damages, liabilities or costs, including reasonable attorneys' fees, <br />to the extent they were caused by the Engineer's negligent performance of professional services <br />under this Agreement and that of its subconsultants or anyone for whom the Engineer is legally <br />liable except to the extent same are caused by the negligence or misconduct of the County. <br />2 <br />