HomeMy WebLinkAboutAgenda - 01-20-2000 - 9aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 18, 2000
Action Agenda
Item No. ~'-4
SUBJECT: Award of Professional Services Contract for Geotechnical/Environmental
Investigation at Fairview Park
DEPARTMENT: County Manager/Purchasing PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Professional Services Contract Paul Thames, ext 2303
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To approve the award of a professional services/engineering consulting contract to
Trigon Engineering Consultants, Inc., for the geotechnical investigation and a Phase I and
preliminary Phase II environmental investigation at the Fairview Park Landfill and the adjacent
Town of Hillsborough tract
BACKGROUND: Orange County currently owns a 40 acre tract, known as Fairview Park,
which contains approximately twenty acres of abandoned landfill area once owned and
operated by the Town of Hillsborough. Within the last year, some residents of the Fairview Park
community constructed a "sand-lot" type baseball field in the northwestern end of the park, in an
area thought to have been used for landfill activities.
Adjacent to Fairview Park on the east side, the Town of Hillsborough currently owns a 26 acre
tract. This tract is and has been primarily undeveloped and unused with the exception of
approximately 6 acres which has been used for a yard waste storage, grinding and mulching
operation.
The Town of Hillsborough and Orange County have agreed in principle to evaluate the joint use
of the Town and County properties for development of athletic fields and other associated public
purposes. However, much of the land in question has been historically used for landfilling
activities and little is known about the structural bearing capacity of the landfilled areas or the
presence of environmental contaminants. Accordingly, the Town and the County have agreed
that it is desirable and necessary to investigate the geotechnical and environmental
characteristics of the property to determine if it is has reasonable utility for recreational
development and if it represents a potential threat to public health and the environment.
Together the Town and the County have budgeted a total of $30,000 ($ 11,400 from the Town
and $18,600 from the County) to cover the cost of a geotechnical investigation and an initial
environmental analysis of the property.
Proposals for professional services in the fields of geotechnical and environmental analyses
have been solicited from five local engineering firms specializing in these areas of practice.
These firms were advised that their proposals should also provide for elements of support for:
1) community relations/public information efforts;
2) coordination with state/federal solid waste/environmental regulators; and
3) submission of grant applications for "brownfields" site remediation/reuse funds. Three
proposals were submitted to the County and have been received and evaluated by County staff.
Staff recommends that the firm of Trigon Engineering Consultants, Inc. be awarded the contract
for the geotechnical and initial phases of environmental investigation at a contract cost of
$18,385. This proposal does not include the costs for an independent certified laboratory to
test the samples acquired by the consultant, nor does it include the cost of installing landfill gas
sampling probes, should such installation be deemed necessary. Laboratory costs can range to
as much as $1000 per sample, depending on the type of tests conducted on a sample.
Installation of landfill gas probes with associated testing is estimated at $750 per probe.
It is generally anticipated that ageotechnical/environmental consulting firm can mobilize its field
operations team within two weeks of contract execution and that the final contract will be
negotiated and executed within two weeks of award of the contract by the BOCC. All
community relations efforts and consultant activities involving field work, testing and analysis
can be completed within ten weeks of contractor mobilization.
The time frames for conducting additional phase II evaluation of the site as may be required by
state and federal regulations cannot be projected at this time. Given these time frames, a
general time-line layout of the projected can be extended as follows:
Award of Contract by BOCC: 1/18/2000
Execution of Final Contract: 2/1/2000
Public information meeting involving Fairview Park
residents, County and Town officials and staff, other
concerned citizens: 2/15/2000
Initiation of field testing: 2/15/2000
Completion of field testing, acquisition of results: 4/11/2000
Report/public information meeting at regular BOCC
meeting to provide results to elected officials and public
and to project future steps - if any -related to
environmental testing and analysis: 4/18/2000
Initiation/completion of additional testing, if any, as
required by state/federal environmental regulators: Unknown/to be
determined
FINANCIAL IMPACT: Currently estimated to be approximately $30,000 for consultant and
initial lab analysis costs budgeted at $ 11,400 from the Town of Hillsborough and $18,600 from
Orange County. If environmental problems are found to exist, state regulators will specify the
implementation of additional phase II environmental investigation and mitigation activities which
may have significant cost implications.
RECOMMENDATION(S): The administration recommends that the BOCC approve the award
of the contract in principal, subject to final review and modification by the County Attorney and
the Manager, and authorize the Chair to execute the final document.
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CLIENT COPY
EIYGI[YEERI(`{G COI~SULTAIYTS, IIYC.
700 Blue Ridge Road, Suite 101 • Raleigh, NC 27606 • (919) 755-5011 • FAX (919) 755-1414
PROPOSAL ACCEPTANCE SHEET
Description of Services: Proposal for Environmental, Community Relations
& Geotechnical Support
Project Name: Fairview Sports Complex Site
Project Location: Hillsborough, North Carolina
Proposal No. and Date: 036-99-091-P January 4, 2000
' We hereby accept the above Proposal. We further acknowledge as outlined in ,the Proposal
that any statement of total charges is an estimate subject to the unit pricing as outlined in the
Proposal. We further agree to all Terms and Conditions set forth on the back which are
incorporated herein by reference. The undersigned acknowledge and agrees to the Payment
Terms as set forth therein.
' ACCEPTED BY:
Charge Invoice to Account of:
Firm:
Signature and Title
FOR PAYMENT OF CHARGES
Date
Address:
Attention:
PROPERTY OWNER IDENTIFICATION (If other than above) -
Name:
Address:
FOR APPROVAL OF CHARGES
If the Invoice is to be mailed for approval to someone other than the account charged, please
indicate below.
Firm:
Address:
Attention:
SPECIAL INSTRUCTIONS:
GENERAL TERMS AND CONDITIONS '
STANDARD OF CARE. Togon Engineering Consultants. Inc. (hereinafter "TEC") will pertorm those Services contracted for wthin the scone of work :ang that degree of care as of the time services are
rendered which is exerased by and consistent wrth the standards of similar consultants of ortltnary skill antl prudence pracliang m the same cr s~mdar locality of the project site untler similar arcumsiances
a5 t0 She pfOjeCt Site.
SCOPE OF WORK- The Servrces to be pertormed are kmited to those set forth in TEC's proposal and TEC shall be under no duty to render any service not expressly covered therein nor shall TEC be liable
for the failure [o perform any other services. If the proposal does not include any services or testing of an environmental nature for hazardr~s wastes or substances then TEC may rely on the same as a disclosure
by Client of the non-presence of any such waste or substances on me project site. The "Contract Documents" sha!I mean all terms and yrowsions set loch herein together wrth proposals, exhibits and other
documents that form a pan of this Agreement.
i~
PERMITS AND RIGHT OF ENTRY. Client warrants that TEC, its agents, start. employees and subcontractors have permission to enter upon all lands involved in the services to be pertormed antl that Client
possesses elf neceessary permits and licenses required for the acfivrties being conducted at the site, if Client does not own the land where the services are to be pertormed. Client warcants that n has obtained
the above requued permissron from the owner together with a release of TEC by owner as to any damage incidentally incurted in perormance of the Service requhed.
WARRANTY. THE ONLY WARRANTY MADE BY TEC IS THAT IT WILL USE THAT DEGREE OF CARE SET FORTH iN THE STANOAAD OF CARE ABOVE. NO OTHER WARRANTY OR REPRESEN-
TATION, EITHER EXPRESS OR IMPLIED. IS MADE OR INTENDED, INCLUDING, BUT NOT LIMITED TO ANV WARRANTY OF FITNESS FDR A PARTICULAR PURPOSE.
DISCLOSURE. Client agrees to furnish or cause to be furnished all information Client has or through due diligence should have whim information TEC reasonably requires in order to properly peAOrm the
Services. TEC will not be responsible for any damages incurred by Client or third parties as a result o1 Client's failure to disclose such information to TEC. In addition. TEC will not be responsible for performing
any services or advising Client of the necrssdy of performing any services caused by the failure to disclose such information.
HEALTH AND SAFELY NOTIFICATION. Client acknowledges that the existence of hazardous materials, substances. wastes antl other materials or detects present on the premises can ariect the health
and safety of TEC's personnel and equipment and enact the procedures that TEC will use to minimize risks to hs employees and the public. Therefore. Client warrants that it has fully tlisciosed to TEC any
knowledge which d, its agents. employees or others with whom ri has contracted have, w through the exercise of due diligence coultl obtain as to the existence or possible existence of any such hazardous
matrrials, substances, wastes or other defective materials locatetl on or about the project premises. Client agrees that it will be liable for damages suffered by TEC, its employees, agents or subcontractors in
the event of personal injury or disease or loss of equipment stAlered:(t) by rte failure to disebse; (2) or by d or its agents and other contractors failure to adequately protect from or prevent the introduction of such
materials on the site.
HAZARDOUS SUBSTANCE DISCLOSURE AND LIABIIJT'Y. TEC, in the performance of its Services does not assume control of or responsibility for the she and has no responsibility for reporting to any
federal, state or local public agencies any conditions at the site that may represent a potential tlanger to public safety, health, or the environment. Client shall do and perform all acts and make such notifications
as era appropriate or are requxed by federal, state or local statutes, laws, ordinances or regulations. In connection with the Services TEC performs, Client egress mat TEC has not contributed to the presence
of any hazardous materials, substances, wastes, or other detective materials located on or about the project site and TEC will not be liable to Client for any damages, claims; expenses or costs concerning the
same arising out of the performance of Services requested by Client. Client further aggrees to fully hold harmless, indemnity, protect and defend, including the costs of anomey tees in its defense, TEC from and
against any and all claims antl liabilities resuning from or arising out of Services and testing performed by TEC, including me possible release or inirooucuon onto the site of hazardous waste or substances
Caused by the Services, testing or drilling by TEC at the she, whether the same are made by third parties w by govemmendl agencres untler any federal, state, local or common law now existing or hereafter
arising, including, but not limited to, any claims w actions under me Comprehensive Environmental Response. Compensation and Liability Act, as amended. antl the Resources Conservation antl Recovery Act,
as emended.
INSURANCE. TEC maintains Workere' Compensation and Employer's Liability Insurance in conformance with State Law. to addition, TEC maintains Comprehensive General Liability Insurance and
Automobile Uabiliry Insurance with combined single bodily injury antl property damage limfts of 5500,000.00. A Cert~cate of Insurance will be supplied evidencing such coverage which contains a clause
providing that ten days written notice be given prior to cancellation of coverage if requested by Client. Client shall be responsible for all other necessary and appropriate insurance for Me Project site.
LIAlILIT11 ANO INDlMNITY. CINnt ^aaroes that TEC will not be Idbls or rosporralbd for any claim, ba or damage asserted by Client, its agend w employees, w by any third parry arlaMg
out of w as a result oT any eel, !error or omlubn by TEC In the paAortnenq of ilia agreed servleaa beyond tM Ilmlts, eovsngs or eondrilona of Insurance spsetlled strove or C's iN fw ris rxa
whlehsver la greeter. In the avant any thlrtl ppaa-tY brings stiff or claim for damepyn agalrgt TEC alleging sxposuro to w damage from metsrlel, slsmand or consthuend et or from CINM'a faUtttll
befws, during, or after Ilia parformenee of TEC'a servlGa w as a resuil 01 arty alhgsd act, error or omlulon by TEC In ppsertormanea al ha urvleas Client agrasa to hold TEC harmless, and IntlemnMy
TEC Iw dam~gn In amounts beyond the Ilmlta, coverps w r;ondHlona o} Inwronce apeeMled above w 7EC's iN, whichever Is greater. in the event any third pparty bnnppa sutt w claim fw damagN
against TEC allaegging exposuro to or darnape from material, eNmertd w conatlttrand at or from CINrt's tselllry t»foro, durlrtg, w after parlormsnce of the Servitxa, whleh Is alleged to hew rnultad
In coat for rameddl action, uninhabldblllty o} the property or other property damages. Clent agrees to defend TEC In sryr wch wtt or claim and hold TEC harmless antl Indsmnlry TEC tugy fw airy
such cdlma. Chant, with concurrence, will seler;t, hlro and pay an attorney to dNsnd TEC In any streh Butt w elalm, will pay Court cosU for which TEC may be Idble M arty wch wh and wgl bear
and pay Ihlgatlon expenNS Client Iruuro In oWding • reaaonabd and profeaslonal defense wh h will ba provided by Cl nt. Cllert! wlil have the rlgM to Invsatlgsts, nsgotlad and Nttd, with TEC's
rxnr:urrena any such suit or claim, and TEC wlil txwperod In ifN dNarus of any auoh SuM or Claim.
SAMPLING OR TESTING IACATIONS. The and fees included in this proposal do not include costs associated wrth surveying of the site or the accurate horizontal and vertical locations of tests. Field tests
or boring locations described in TEC's reports or shown on TEC's sketches are based on specific information tumished to TEC by others or estimates made in the field by TEC's technicians. Suctt dimensions,
depths w elevations are considered as approximations unless ctherwise stated in the report.
DAMAGE TO EXISTING MAN-MADE OBJECTS. It shall b~ the responsibil'ay of the Glens or the Owner, w their tluly authorized representatives todisclose the presence and accurate location of all hidden
or obscure man-made objects, relative to field test w boring IoCations. TEC s freld personnel era trained to recognize Ilearly itlentifiable stakes or marking in the field, and without special written instructions, to
initiate field testing, drilling and/or sampling within a few tent of eadr designated kicetion. It TEC is cautioned, atlvised, or given data in writing that reveals the presence of underground or overground
obstructions, such as utilities, pipes, cables or tanks, special instructions well be given TEC personnel. Giant has sole responsibility for providing TEC with this information. Client agrees to indemnify and save
TEC harmless from all claims, suds, losses, personal injuries, death, and pr liability resuking from unusual subsurface conditions or tlamages to subsurface structures, owned by Client or thud parties,
occurting in the performance of the proposed work, whose presenrxi and exact locations were not revealetl to TEC in writing, and to reimbuse TEC fw expenses in connection with any such claims or suds,
including reasonable attorney's tees.
SAMPLE DISPOSAL AGREEMENT. Test specimens or samples (excludingy drilling samples) will be disposed of immediately upon completion of tests. All drilling samples will be disposed of Ii0 days arier
submission of TEC's report unless otherwise requested. Upon request. TEC writ agree to redin test specimens w drd6ng samples for a mutually acceptable storage charge.
CONTAMINATED EQUIPMENT. All laboratory and field equipment contaminated in performingg TEC's Services and which cannot be reasonably decontaminated shall become the property and responsi-
bility of Client. All such equipment shall be delivered to Client w disposed of in a manner indicated fw hazardous materiels or substances. Client agrees to pay TEC the fair market value of any such equipment
which Cannot reasonably !>e decontaminated.
UNFORESEEN OCCURRENCES. If, during the pedormance of Services, any unoreseen hazardous substances w constituents or other unforeseen conditions or occurrences are encountered which, in
TEC's sole judgment signHicantly affect or may afect the Services, the risk involved in providing the Services. w the recommended scope of Services. TEC will promptly notify Client mereof. Subsequent to that
notification. TEC may:
(a) If practicable, in TEC's sole judgment, complete the original scope of work in accorderice with the procedures originally provided in the proposal;
(b) Agree with Client to modify the Scope of Work acrd the estimate of Charges l0 iriclutle study of the previously unforeseen condtrons w trccumences, such revision to be in writing and signed by me parties
andincorporated herein, or
(cj Terminate the Services effective on the date specified by TEC in writing.
CLAIMS. In the event that Client make a claim agalnat TEC for arty kind of rNlef, tw any Ndgad error, orrtlaslort, or ad erlalnq out of tM psrtormance of TEC's Ssrvless, that cannot bs m Wually
roaolvsd without rsarat to IHlgatlon, and Clent fella to prevail on such edlm, tMn CIdM shall pay all coats Irretrrted by TEC In Wlending TEC aganst the calm, Including, wtthoul Ilmldtlon, TEC's
personnel-rotated coed, eftomey's fees, court costs, end otMr elalm-Mated axpanns. Ineludln9, wRhoul IlmltatkM, cwU, tees, end expanses of experts. Chant agroas that for tM purpous at flits
Agreement It has faUed to pnvafl as to ds claim when judgment in Id favor in iltlgatbn la for a sum of money Iqs than tfrat win offered Dy TEC to rosoNs tM merisr without Ittlgatlon, or when Cllsnt
has a judgment entered egslnst It on any w all calms asserted.
INCIDENTAL SITE DAMAGE. Client recognizes that me Serves to be rendered maV unavoidably attecL arier br damage the remain, structures, buildings, vegetation and equipment in, ai or upon the she
and Client will not hold TEC liable or responsible for llte same.
LAW TO APPLY. The validity, interpredtion and perormance of this Agreement shall be governed by and construed jn accwdance with the laws of the state of North Carolina.
NO WAIVER. No waiver by either paAy of any dafaun by the other party in the performance of any provision of this Agreement shall operate es or be construed as a waiver of any future default, whether like
or different in character.
SEVERABILITY. If any provision of this Agreem~tl, or application thereof to any person or circumstance shall to any extent be invalid, the remainder of this Agreement, or the applicaton of such provision
to persons or circumstances other than those as to which a is hold invalid, shall not be affected thereby, and each provison of this Agreement shall be valid antl enforced to the tulles[ extent permmed by law.
ENTIRE AGREEMENT. This Agreement, including the COntrect Documend, represents me emirs understanding and agreement between me parries hereto relating to the Services and supersedes any and
all prior agreements, whether written or oral, that may exist between the parties regarding same. To the extent that any additional w ditierrtM terms or conditions conPoCt with the terms and condhions of true
Agreement, the terms and conditions of this Agreement stroll govern. No amerrdmr3rit or modification to this Agreement or any waiver of any provisions hereof shall be effective unless in wrhing and signed by
both parries.
PAYMENTS TERMS:
A. Client will pay TEC for services and expenses in tsccordsrice wrth Me Contract Documents. TEC will submit progress irnoices to Client monthly and final invoice upon completion of its services. Each
invoice, on presentation, is due and payable by Client or its authrized represendtive. Irnoices are past due after 30 days. Pest due amounts are subject to a service charge of one and one-halt percent per
monm (t B% per annum) on the outstanding balance. Attorney's fees and other costs incurred in collecting past due amounts shalt be paid by Client.
B. TEC shall be paid in full for all Services under this Agreement, including any additional Services in excess of these sated in this Agreement aS specifically authorized by Client.
C. The Client's obligation to pay for the Services contracted is in n0 way dependent upon the Client's ability l0 obtain financing, approval of governmental or regulatory agencies, or upon the Client's
successful completion of ilte project.
D. The indrviduel signer on behalf of Client hereby personally represents and guarantees that Client is solvent and has the ability to pay TEC for the services to be rendered in accordance with the terms
hereof.
DISPUTE RESOLUTION. In an snort to resolve any conriicts that arise during the project w following the completion of the project, [he Client and TEC ag.ee that as disputes between them arising out of.
or relating to this Agreement shalt be submitted to non-binding mediation, with mediation costs shared equally, unless the parties mutuall~ agree otherwise. The party claiming that a dispute has arisen snail
notiry the other party within 15 days it claims there is a dispute and mediation shall occur between the parties at a date end location mutual y agreed within 30 days arier said nonce. The Ckent and TEC furtmer
agree to include a similar mediation provision in all agreements with independent contractors antl consultants retained for the project and io require all independent subcontractors and consultants also f0
include a similar mediation provision in all agreements wrth 5ubconsu118n15, Subcontractors, Suppliers br labrieators so retained. thereby promding mediation as the primary method for dispute resolution
between the parries to those agreements.
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ESTIMATED COST SUMMARY 6
Environmental and Community Relations Support
Proposed Fairview Sports Park
Hillsborough, North Carolina
Trigon Proposal No. 036-99-091-P
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SERVICES RATES UNIT TOTAL
Task 1.1 - Phase I ESA
Complete Phase I ESA & Prepare $2,000 each 1 $2,000
Summ Re ort
Subtotal $2,000
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Task 1.2 - Phase II ESA
Conduct Soil Sampling $100 per sample 4 $4b0
Groundwater Well Installation $500 per well 3 $1,500
Conduct Groundwater Sampling $100 per well 3 $300
Landfill Gas Assessment $500 each 1 $500
(Optional Testing - $750)
Prepare Phase II -ESA Summary Report
Registered Engineer/Geologist $80 per hour 4 $320
Staff Engineer/Geologist $65 per hour 16 $1,040
Drafting/CAD $45 per hour 4 $180
Clerical $30 er hour 2 $60
Subtotal $4,300
Total for Environmental Su ort $6 300
Task 2 -Community Relations Support
Attend public meetings, and provide
other community relations support
Senior Environmental Professional $95 per hour 35 $3,325
Clerical $30 er hour 8 $240
Total for Communit Relations Su ort $3,565
ESTIMATED COST SUMMARY
Geotechnical Assessment
Proposed Fairview Sports Park
Hillsborough, North Carolina
Trigon Proposal No. 036-99-091-P
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SERVICES RATES [JNIT TOTAL
Field Exploration
Mobilization/Demobilization $250 each 1 $250
Soil Test Borings with SPT $8 per foot 500 $4,000
40 to 50 to 10 feet each
Boring Layout /Delineation of Landfill $55 per hour 24 $1,320
Field Engineer
Clearing /Difficult Moving $100 per hour 10 $1,000
Wooded Areas
Subtotal 6 570
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Geotechnical Laboratory Testing
Natural Moisture Content $5 per test 10 $50
Atterberg Limits and Grain Size Analysis $120 per test 4 $480
Standard Proctor $80 per test 1 $80
Subtotal $610
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Geotechnical Reporting
Registered EngineerlGeologist $75 per hour 2 $150
Staff Engineer/Geologist $65 per hour 14 $910
Drafting/CAD $45 per hour 6 $270
Clerical $30 er hour 2 $60
Subtotal $1,390
Total for Geotechnical $8,570