Orange County NC Website
5 <br /> is <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 />