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HomeMy WebLinkAbout2005 S Solid Waste - Phillip Post & Associates Engineering Services to Design Landfill Sewer Connection~~~ STATE OF NORTH CAROLINA THE COUNTY OF ORANGE AGREEMENT FOR ENGINEERING CONSULTANT SERVICES This Agreement made and entered into this the e2~ day of ~r ~r , 2005, by and between Orange County, on behalf of its Solid Waste Department, herein referred to as the "County" and Phillip Post & Associates, Inc., 401 Providence Road, Suite 200, Chapel Hill, North Carolina 27514, herein referred to "Engineering Consultant" for the design, permitting, engineering and other related services for the construction, in a fiscally responsible manner, of a high quality, structurally sound, safe and effective gravity sanitary sewer system for the Orange County Landfill (hereafter the "sewer system") which shall be used to convey leachate from the lined landfill, and sanitary sewage from the new Solid Waste Operations Center located on Eubanks Road, to a new sewer line to be constructed on Millhouse Road by the Town of Chapel Hill. A preliminary site plan of the sewer system dated May 10, 2005 is attached and incorporated herein as Exhibit A. I. PROJECT DESCRIPTION Currently leachate is collected from the 26-acre lined landfill located on the south side of Eubanks Road and stored in a lined containment pond. The leachate is periodically pumped into a 3,500-gallon tank truck and is transported to a manhole located in the Chapel Hill Public Works Operations Center where it is discharged into the sewer. The truck driver fills a sample bottle for each load discharged into the sewer, which bottles are then delivered to the Mason Farm Wastewater Treatment Facility at the end of each day. On or about January 2007, the Public Works Operations Center on Martin Luther King Boulevard will be moving to a new facility on Millhouse Road, at which time landfill staff will be required to transport the leachate to the Mason Farm Wastewater Treatment Facility. The Solid Waste Operations Center will also be relocated in the spring of 2007. The sanitary waste from the Solid Waste Operations Center will also be conveyed by the proposed sewer system along Eubanks Road to a manhole about 2,000 feet east of the Operations Center The sewer system project will consist of the design, pemutting, engineering and other related services as specified below for the construction of a gravity sanitary sewer system from the new manhole located at the intersection of Eubanks Road and Millhouse Road and extending west to serve the new Solid Waste Operations Center and to receive the leachate now being held in the leachate containment pond. The sewage in the sewer system will flow northeast toward Eubanks Road. It is expected that it will continue east along the Eubanks Road right of way to a point west of the railroad tracks. The sewer system will then cross under Eubanks Road, the raikoad and Millhouse Road. WITNESSETH that for and in consideration of the mutual promises and conditions set forth below the County and the Engineering Consultant agree as follows: II. DUTY OF ENGINEERING CONSULTANT: The Engineering Consultant agrees to provide the services described in the Project Description above and the Scope of Basis Services specified below in Article III of this Agreement. III. SCOPE OF BASIC SERVICES: A. DESIGN PHASE: 1. Prepare detailed plans/profile drawings of all sanitary sewer system collection piping and all necessary miscellaneous details. 2. Prepare detailed technical specifications, permit applications and encroachment agreements, and consult with Orange Water and Sewer Authority (OWASA) as necessary to accomplish this. 3. Prepare detailed contract documents for bidding in accordance with applicable laws that govern the selection of Contractors for public contracts. Page 1 of 6 S /9~D_5 4 g 4. Prepare detailed plats for obtaining easements, encroachment agreements, Right-of--Ways for the construction of the sewer system. 5. Other design services necessary for the construction of the sewer system. B. PERMITTING PHASE: 1. Obtain erosion control permits for land distributing operations from the State and or local regulatory agency with the County. 2. Obtain highway encroachment agreements from N.C. Department of Transportation (DOT). 3. Obtain zoning compliance permit from Chapel Hill. 4. Obtain sewer system permits from OWASA and NC Department of Water Quality (DWQ). 5. Obtain encroachment permit from Norfolk Southern Railroad 6. Obtain any other permit or agreement necessary for the construction of the sewer system. C. BIDDING AND NEGOTIATING PHASE: 1. Distribute plans and specifications to prospective bidders for pricing, following all applicable laws that govern the formal bid process for construction contracts involved with public monies. 2. Conduct aPre-Bid Conference at a time and place selected by the County. 3. Prepare Bid Tabulations and Certification of Bid results for the County. 4. Recommendation of award of low, responsible, responsive bidder to the County. 5. Assist County with preparing a Contract with selected contractor. 6. Conduct any other bidding or negotiation process necessary for the construction of the sewer system. D. CONSTRUCTION OBSERVATION / AS-BUILT DRAWING PHASE 1. Conduct aPre-Construction Conference with the selected contractor at a time and place selected by the County. 2. Make site visits, attend project meetings, provide clarification of drawings while construction is in progress, assist the Contractor in interpreting the contract documents and observe that the Contractor conforms during construction with the intent of the plans and specifications. Inform the County of any discrepancies and additional costs during construction. 3. Review project submittals, shop drawings for conformance to plans and specifications and change order requests for additional work. 4. Review contractor's application for payments to the County. 5. Perform substantial completion and final completion inspections. Oversee the preparation of "punch list "items to complete the Project. 6. Provide final certification of the sanitary sewer system utility construction as required by law. 7. Provide "As-Built Drawings" as required by the County and the State of North Carolina. Page 2 of 6 8. Provide any other construction observation, construction drawing and as-built drawing service necessary for the permitting and construction of the sewer system. E. ADDITIONAL SERVICES UNDER TERMS OF CONTRACT: 1. Attend public meetings, hearings, commissioners meetings and other functions related to this Project as required by the County. F. REIMBURSABLE EXPENSES AND COSTS: AND ADDITIONAL ENGINEERING SERVICES: 1. Permit application fees to various regulatory agencies or any other costs such as inspection fees, frontage fees etc... associated with local, State and federal government agencies. 2. Advertisement costs. 3. Printing costs associated with Advertisement of Bids and As-Built Drawings, Governmental submissions, permit applications, final sets for contractor and regulatory agencies. 4. Redesigns authorized by the County after all permits have been obtained. 5. Additional Engineering Services beyond the scope of work outlined in PROJECT DESCRIPTION and SCOPE OF BASIC SERVICES. Note: Reimbursable Expenses and Costs will be paid to the Engineering Consultant after sufficient documentation has been provided to the County such as and itemized list of reimbursable expenses or a copy of a paid invoice or copy of the payment check. Additional services will be invoiced at the hourly rates provided in Article VI of this Agreement. IV. TIDE COUNTY/DESIGN CONSULTANT RESPONSIBILITIES The County will appoint a representative through which all communications with the Engineering Consultant will take place. The Engineering Consultant will be allowed access to the sites at all times upon approval from local property owner. The County will keep the Engineering Consultant apprised of all relevant information which could affect the work. The Engineering Consultant will not be responsible for or have control or charge of construction means, methods, techniques, sequences, or procedures or for safety precautions and programs in connection with the work, and will not be responsible for the Contractors failure to carry out the work in accordance with the contract documents. The Engineering Consultant will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors or any other agents or employees or any other persons performing any of the work. It will be the responsibility of the Contractor to verify the depth and location of all underground utilities prior to starting construction. Should any underground utility not be located as shown on the drawings, the Contractor will notify the Engineering Consultant immediately before starting any construction for a resolution of the discrepancy. The Engineering Consultant will be saved harmless from any damaged utility during construction with the cost for repairing any underground utility borne by the contractor. V. COMPENSATION Compensation for work as outlined by the BASIC SCOPE OF SERVICES and PROJECT DESCRIPTION of this Agreement will be provided hourly at the rates outlined in Article VI and Reimbursable Expenses and Costs at the rates outlined in Article VII of this Agreement applied against the "Not-To-Exceed Cost" of $97,000.00. Page 3 of 6 VI. HOURLY RATES Principal Engineer -------------------------------------------------------------------------------- $ 128.00/HR Professional Engineer----------------------------------------------------------------------------- $ 104.00/fiR Construction Inspector ---------------------------------------------------------------------------- - $ 88.00/HR Landscape Designer ----------------------------------------------------------------------------- $ 88.00/HR Licensed Professional Land Surveyor__________________________________________________________ $ 7g.00/HR 2 Man Crew -------------------------------------------------------------------------------------- $ 104.00/HR Survey Party Chief ----------------=------------------------------------------------------------- $ 65.00/IiR 1 Man Robotic Crew ---------------------------------------------------------------------------- $ 105.00/HR 1 Man Robotic Crew -PLS ----------------------- --------------------------------------------- $ 115.00/HR 2 Man Robotic Survey Crew---------------------------------------------------------------- $ 125.00/HR 2 Man Robotic Crew -PLS--------------------------------------------------- ------------------- $ 135.00/HR 1 Man GPS Crew -------------------------------------------------------------- - ------------------ $ 155.00/HR 2 Man GPS Crew --------------------------------------------------------------------------------- $ 170.00/HR Engineer Technician ------------------------------------------------------------------------ $ 65.00/HIt Draftsperson-CADD ----------------------------------------------------------------------- $ 66.00/HR Project Administrator --------------------------------------------------------------------- $ 62.00/HR Secretarial ------------------------------------------------------------------------------------ $ 45.00/HR VII. REIlVIBURSABLE EXPENSES AND COSTS Philip Post & Associates will bill direct project expenses including recording fees, governmental fees, permit fees, encroaclunent fees, advertising expenses, easements and similar expenses will be billed with no markup. The following expenses will be billed according to rate schedule below. Archive Charge ----------------------------------------------------------------------------------- $ 80.00/EA Recording Services ------------------------------------------------------------------------------- $ 175.00/BA Blacklines ------------------------------------------------------------------------------------------ $ 1.50/EA Mylar ---------------------------------------------------------------------------------------------- $ 3.00/SF 11 x 17 Color Copies ------------------------------------------------------------------------ $ .90/EA Bindings ------------------------------------------------------------------------ ------------------- $ 1.75/EA Page 4 of 6 Photocopies ------ ------------ --------------------------------------------------------------------- $ .15/EA 11 x 17 Prints ------------- --- ----------------- ---------------------------------------------------- $ .50/EA Data Disk --------------------- -------------- ------------------------------------------------------- $ 25.00/EA Letter FedEx Pak Standard - ---------------------------------------------------------------------- $ 16.00/EA Letter FedEx Pak Priority ------------------------------------------------------------------------ $ 22.00/EA Letter FedEx Pak Overnight --------------- ------------------------------------------------------ $ 50.00/EA Tube FedEx Pak Standard ----------------------------------------------------------------------- $ 25.00/EA Tube FedEx Pak Priority --------------------------------------------------- ---------------------- $ 35.00/EA Tube FedEx Pak Ovemight ---------------------------------------------------------------------- $ 75.00/EA Local Hand Delivery --------- ------------------------------------- -------------------------------- $ 24.00/EA VIII. BILLING AND PAYMENT: The Engineering Consultant will bill the County monthly for work completed since the previous billing period. Payment will be due within 30 days from the date on that invoice. Should the need arise to settle a dispute through the use of legal counsel, then the County and Engineering Consultant agree that all attorney's fees will be reimbursed by the losing party. Should payment be delinquent more than 60 days, the Engineering Consultant will stop all work on the Project until all payments are brought current. IX. INSURANCE CERTIFICATES As terms and conditions of this Agreement, Philip Post & Associates will forward to the County, Insurance Certificates that verify insurance coverage for Worker's Compensation, Business Liability, and Professional Liability. Coverage that will be provided will be as follows: Worker's Compensation ___________________________________________________________ $100,000 /Accident Business Liability ___________________________________________________________________ $1,000,000 /Occurrence Professional Liabili $2,000,0001 General Aggregate ty --------------------------------------------------------------- $500,000 The County shall be included as an additional insured on the general liability coverage. This requirement is to is to be stated on the Certificates of insurance. X. AMENDMENT This Agreement may be amended or cancelled by the mutual agreement of the County and the Engineering Consultant. XI. TERMINATION Either the County or the Engineering Consultant may terminate this Agreement at any time with or without cause upon giving the other party 30-calendar days prior written notice. County shall within 30 days following a fuial invoice submitted the Engineering Consultant as provided for in Article VII of this Agreement, pay the Engineering Consultant rendered and all costs incurred up to the date of termination. Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as the day and year written. ENGINEERING CONSULTAl~f PHILIP POST & ASSOCIATES, INC ~~~- Phi 'p N. P st, P.E., PLS ~~~ ~D~ r Date:!D~ .1.OOr ATTEST Narne/Title/Date ATTEST ~/~~. i Name/Title Date: q- ZO- 2 GO ~ This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. a%`2 Kenneth Chavious Director, Orange County Finance Page 6 of 6 ORANGE COUNTY