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HomeMy WebLinkAboutAgenda - 05-08-2014 - 6h1 ORD- 2014 -021 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 8, 2014 Action Agenda Item No. 6 -h SUBJECT: Buckhorn- Mebane EDD Phase 2 Sewer Extension —Amendment of Design Contract and Approval of Budget Amendment #7 -C DEPARTMENT: Planning, Manager, Finance and Administrative Services PUBLIC HEARING: (Y /N) No ATTACHMENT(S): INFORMATION CONTACT: 1) Original Design Contract with Previous Craig Benedict, Planning, (919) 245 -2592 Amendments Clarence Grier, Manager's Office and 2) Amendment Letter from Hobbs Finance and Administrative Upchurch & Associates Services, (919) 245 -2453 Paul Laughton, Finance and Administrative Services, (919) 245- 2152 Kevin Lindley, Planning, (919)245 -2583 PURPOSE: To consider authorizing the Chair to sign an amendment to the design contract for the Buckhorn Economic Development District (EDD) Phase 2 Sewer Extension Project and approval of Budget Amendment #7 -C. BACKGROUND: On September 6, 2012 the BOCC authorized funds to design the Buckhorn EDD Phase 2 Sewer Extension project. This project was an amendment to the 2010 contract for design of the Buckhorn Mebane EDD Phase 2 Utilities Project (see Attachment 1 - Amendment 2). The project was conceived to connect the Efland sewer system (System) to the City of Mebane sewer system. Once this project is complete, the City of Mebane will be taking over operation of the System from Orange County, eliminating the County's annual cost for maintenance and operation. Hobbs Upchurch & Associates (HUA) is the design engineer for this project. As HUA began to investigate the area through which the sewer lines would run between Efland and Mebane, it became clear that there was an opportunity to incorporate gravity sewer in areas designated for growth south of the railroad tracks and located generally along Mt. Willing Road and west along West Ten Road. The project has evolved and grown in complexity over time, with input from the City of Mebane as a major stakeholder, to include more gravity sewer and a gravity sewer bore under the interstate. This has increased the complexity and scope of the design work and led to this request for increased design funds. The revised project scope, described in Attachment 2, includes an analysis undertaken to determine how best to serve the economic development area through which the project will pass, mainly between Gravelly Hill Middle School and the Mt. Willing Road interchange. This I study has been completed and design work begun on the current project. As a result of the study's analysis, an additional 4,500 linear feet of gravity sewer designed to serve an expanded area and a larger, more flexible pump station design has been added to the project scope. The project concept now also includes a gravity sewer bore under the interstate to allow the single pump station to collect sewer from both north and south of the interstate. The pump station will be designed so that its capacity can be increased in phases as the flow increases in the area. It will have three pump slots installed and be designed to operate with up to three pumps, but will only have two pumps installed initially. This is similar in design to the City of Mebane's Southwest Regional pump station, to which this system will ultimately flow. The project will also take into account the infrastructure which has already been installed in the area, namely the Gravelly Hill pump station and associated sewer infrastructure currently being constructed. These sewer lines are designed to collect wastewater from not only Gravelly Hill Middle School, but also from the economic development area between the school and Buckhorn Road and north of West Ten Road. The Phase 2 extension project to take Efland Sewer flow to Mebane will maximize the use of this existing Gravelly Hill pump station, while including consideration for the time when the Gravelly Hill pump station needs to be upgraded to handle flow from the area it was designed to serve. The original design cost proposal for this project was $151,600. The revised proposal is not to exceed $393,000, which includes an expanded sewer economic area analysis for $46,000 and all engineering design, surveying and consulting to carry the project through the bid award phase. There is also an allowance included for the engineer to hire a sub - consultant for geotechnical subsurface investigation to gauge the amount of rock along proposed routes (not to exceed $20,000) and for wetland delineation (not to exceed $10,000). Though the project will be more expensive to design and build than originally anticipated, the project as it currently stands will eliminate the need for an additional pump station in the future to serve the area. It should also more effectively serve over 180 acres with gravity sewer once completed and will allow future gravity sewer extensions to serve the 250 acre area between Gravelly Hill School and Mt. Willing Road to be integrated more easily. In other words, the expanded project and design costs will better serve the area in the present and reduce the cost of both design and installation of future sewer infrastructure, in addition to efficiently transporting the wastewater from Efland to Mebane. FINANCIAL IMPACT: The original design cost proposal for this project was $151,600. The FY 2013 -18 Capital Investment Plan (CIP) included additional approved funds of $120,000 for design cost, for a current total of $271,600. The revised proposal totals $393,000. This Budget Amendment #7 -C provides for additional funds of $121,400 needed to cover the costs of the proposed amendment to the design costs. This includes an expanded sewer economic area analysis for $46,000, cost pass- through for the engineer to hire a sub - consultant for geotechnical subsurface investigation to gauge the amount of rock along proposed routes (not to exceed $20,000) and for wetland delineation (not to exceed $10,000). The total cost of the revised project is expected to be approximately $4.8 million, as opposed to a project cost estimate of $3.8 million, as included in the FY 2013 -18 CIP. This amendment to the design contract will carry the project through the design, permitting and bid /award phases. Construction supervision and contract administration services have not yet been procured or budgeted for this project. These will be handled under a separate contract to 3 be brought to the Board in late summer or early fall. The revised construction cost estimate for this project is currently incorporated into the Manager's Recommended Capital Investment Plan for Fiscal Years 2014 -19. Once this project is completed, the Efland sewer system will be turned over to the City of Mebane for operation which will eliminate the annual cost of operating the System from the County's budget. RECOMMENDATION(S): The Manager recommends that the Board authorize the Chair to sign an amendment to the design contract for the Buckhorn EDD Phase 2 Sewer Extension Project, and approve Budget Amendment #7 -C. Attachment 1 M [Departmental Use Only) TITLE Buckhorn -t! obane EDD Witter and Sewer Extension Project— Phase 11 FY 2010 NORTH CAROLINA SERVICES AGREEMENT OVER $90,000.00 RFP — NO REIMBURSABLE EXPENSES ORANGE COUNTY This Services Agreement (hereinafter "Agreement "), made and entered into this 4th day of November, 2010, ("Effective Date ") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County ") and Hobbs, Upchurch & Associates, P.A , (hereinafter, the "Provider "). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Services Agreement ("Agreement ") is for professional services to be rendered by Provider to County with respect to. (insert type of project): Professional Engineering Service ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider- shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance Revised July 2010 1 5 with applicable federal, state 'and local laws *and regulations applicable to -the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or. submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission -for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) ' Provider agrees that Provider, its employees, agents and its subcontractors, if any, shall be required to comply, with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider's services under this Agreement. vi) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials 'are current, active, and not in a state of suspension or revocation. 3. Basic Services a. Basic Services. i) The Provider shall perform as Basic Services the work and services described herein and as specified in the County's Request for Proposals (the "RFP ") "RFP Number 5164 for `Buckhorn -Mebane Economic Development District (EDD) Water and Sewer Extension Project — Phase II" issued June 14, 2010, and the Provider's proposal, which are fully incorporated and integrated. herein by reference together with Attachments Dobbs Upchurch cost proposal dated September 14, 2010 (designate all attachments). In the event a term or condition in any document or attachment conflicts with a term or .condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the County's RFP together with attachments, Provider's Proposal. together with attachments. Revised July 2010 . 2 u ii) The Basic Services will be performed by the Provider in accordance with the following schedule: (Insert task list and milestone dates) . Task Milestone Date 1. Conduct Initial Meeting with Project Team 12/9/2010 5% 2. Compile Background Information / Preliminary Analysis 1/21/2011 10% 3. Finalize Water and Sewer System Analysis Phase* 2/28/2011 16% 4. Complete Field Survey./ Preliminary Utility Layout 2/28/2011 14% '. 5. 50% Design Review Meeting with Project Team 3/31/2011 .14% 5 6. 90% Design Review Meeting with Project Team 4/30/2011 15 %l 7. Submit Permits for County Review / Approval. 5/31/2011 10% R 4 0. Submit Final Design for Permitting Agency Approval 6/21/2011 10% y 9. Finalize Project — Receive Permitting Approvals from State_ 11/30/2011 6% 1 a 10. Coordinate Funding Opportunities On -going Discussions As required At this point, the decision will be made to pursue design of either a gravity outfall running north and roughly parallel to Bowman Road or to continue the force main along the Bowman Road right -of -way. iii) Should County reasonably determine that Provider has not met the Milestone Dates established in Section 3(a)(ii), County shall notify Provider of the failure to meet the Milestone Date. The County, at its, discretion may provide the Provider seven (7) days to cure the breach. County may withhold the accompanying 'payment without penalty until such time as Provider cures the breach. In the alternative, upon.Provider's failure to meet any Milestone Date the County may modify the Milestone Date schedule. Should Provider or its representatives fail to cure the breach within. seven (7) days, or fail to reasonably agree to such modified schedule, County may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Provider. This section shall not be interpreted to limit the definition of breach to the failure to meet Milestone Dates. 4. Duration of Services a. Term. The term of this Agreement shall be from November 2010 to June 2011. b. Scheduling of Services i) The Provider shall schedule and perform his activities in a timely manner so as to meet the Milestone Dates listed in Section 3. ii) Should the County determine that the Provider is behind schedule, it may require the, Provider to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be second week of November 2010. Revised July 2010 3 7 a. Compensation for Basic §eryices. ' Compensation for Basic Services shall include all compensation ' due-- tie `odder from the County for all services under this Agreement: The maximum amount payable for Basic Services is one hundred and ninety two thousand Dollars ($192,000.00). In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. Payments will be made as percentages of the whole as Project milestones as set out in Section 3(a)(ii) are achieved. - b. Additional Services. Should the County choose to pursue design of a gravity sewer outfall from the intersection of West Ten Road and Bowman Road (as described in the footnote to Milestone 3 of Section 3(a)(ii) of this contract) to the City of Mebane's Southeast Regional Pump Station in lieu of the force main design included in Basic Services, the Provider shall be entitled to additional compensation, if necessary, for the difference in design costs between the force main option and the gravity sewer outfall option. Once the County notifies Provider of the decision to pursue the gravity sewer outfall option, the Provider will submit a revised cost estimate for the sewer design portion of the project that includes design costs for this section of gravity sewer outfall and removes the design costs for the section of force main to be replaced In no case will the compensation for these additional services cause the total compensation for this contract to exceed two hundred thousand -Dollars ($200,000). - County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests- such additional services in writing and ' such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated the (Planning Director, Craig Benecict) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County. Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to fiurnish information. 9. Insurance a. General Requirements. The Provider shall purchase and maintain and shall cause each of his subcontractors- to purchase and maintain, during the period of performance of this Agreement: i) Worker's Compensation Insurance for protection from claims under workers' or workmen's compensation acts; ii) Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including. bodily injury, sickness, disease or death of any Revised July 2010 4 of the Provider's employees or any other person and to real and personal property including loss of use resulting thereof; . iii) Comprehensive Automobile Liability Insurance, including hired and non -owned vehicles, if any, covering personal injury or death, and properly damage; and iv) Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Provider or his agents, Providers and employees. b. Insurance Ratin>;. The minimum insurance rating for any company insuring the Provider shall be Best's A. If the Provider does not meet the insurance requirements the County's Risk Manager must be consulted prior. to finalizing this Agreement. C. Limits of Coverage. Minimum limits of insurance coverage shall be as follows: INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A - Statutory State of N.C. Coverage B - Employers Liability $500,000 each accident and policy limit and disease each employee ® Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate. • Automobile Liability Combined Single Limit $500,000 • Professional Liability NOTE: Insert coverage limits required by Risk Manager if applicable. $1,000,000 d. Additional Insured. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party. Evidence of such insurance shall be furnished to the County, together with evidence that each policy provides the County with not less than thirty (30) days prior written notice of any cancellation, non - renewal or reduction of coverage. 8. I>+ndemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person--6r persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement Revised July 2010 5 9 a. Chart es in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement. executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. 'Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Provider. b. Other Termination. The-Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of-termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files*relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County-to require compliance by the Provider with any provisions of thisAgreement or the. waiver.,by the County of any breach of this Agreement shall not constitute -a waiver of any -claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 11. Additional Provisions a. Limitation and Assipnment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Dispute Resolution. Any and all suits 'or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have Revised July 2010 6 jurisdiction or venue with respect to such suits or actions. The Parties rraay agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Entire Agreement. This Agreement, together with the PS'P and its attachments and the Proposal and its attachments, represents the entire .and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. e. SeyerabilitY. If 'any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall . be valid and binding upon the Parties. f. Ownership of Mork Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by`the County or by any person or entity for any purpose other than the. Project as set forth in.this,Agreement shall beat the full risk of the County. , g. Non: Appropriation, Provider acknowledges that County is a governmental entity, and the validity o6his'Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non - appropriation of public funds. It is expressly agreed that County shall not activate this non - appropriation provision for its convenience or to circumvent the, requirements of this Agreement, but only as an emergency fiscal :measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. h. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Attention: David Cannell P.O. Box 8181 Hillsborough, NC 27278 Revised July 2010 7 Provider's Name & Address Hobbs Upchurch Assoc. PA PO Box 1737 Southern Pines, NC 28388 10 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY- By: C-2 `',�. By: , Chair Orange County Board of Commissioners Attest. Donna Baker, Clerk t the Board Trinte Name Ad le E111 Lester, Jr.., PE Gove5pfei[M4 Division Manager d , /ms d r FrErM. Hobbs, P.E. , President ucal content. or \ \ \ \9eeorrrr /�� 983 °.��� q 00�� ® _5 s • :rn se �o • °. This instrument has been pre - audited in the manner required by the ]Local Government Budget and Fiscal Control Act. Office of the Finance Director/' This instrument has been approved as to form and legal sufficiency. Off c f the County Attorney Revised July 2010 8 City of Mebane Review Easement Surveys & Platting Easement Preparation by County Attorney Easement Negotiation and Acquisition Sewer Permit Water Permit Erosion Control Controlled Access Encroachment Secondary Road Encroachment Stream Crossing (May Not Need) Advertisement, Bids & Contract Award Buckhorn Mebane Phase 2 Water & Sewer Improvements Permitting Schedule (Revised 6 -8 -12) 6i 61 i >i >i d'i 61 9i `Q 7 1 1 1 0 Z /COI IS�-�O �9 - '-0 �0 �0 0 �� O ■ Target Duration t , Potential Delays 12 13 NORTH CAROLINA CONTRACT AMENDMENT #1 ORANGE COUNTY This Contract Amendment ( "Amendment ") is made and entered into by and between Orange County (the "County ") and Hobbs, Upchurch, & Associates, P.A. (the "Provider ") together (the "Parties "). WITNESSETH WHEREAS, the County and Provider entered into a contract dated November 4, 2010, the Buckhorn- Mebane EDD Water and Sewer Extension Project -Phase II (hereinafter the "Original Agreement "); and WHEREAS, pursuant to section 5(b) the Board of County Commissioners voted to pursue the gravity sewer design modification and the Provider has submitted a revised cost estimate which keeps the Original Agreement contract price of $200,000; and WHEREAS, the County .and Provider desire to amend the Original Agreement, while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: Section 3(a)(ii) is modified as follows: Task 8. Submit Final Design for Permitting Agency Approval 6/3012012 Task 9. Finalize Project — Receive Permitting Approvals from State 9/30/2012 Task 11. Easement Mapping and Acquisition Coordination 9/30/2012 Section 1(a) is modified to add a new sub - section v as follows: v) Provider has submitted a proposal to provide additional services on this project related to easement identification, surveying, mapping and coordination of easement acquisition (Collectively referred to as Easement Mapping and Acquisition Coordination) to include owner contact, negotiation and easement appraisal services. Their letter of proposal, dated January 13, 2012, is attached and is incorporated into this Amendment. The additional costs associated with these services are as follows: Easement Maps and Descriptions: $18,500 Easement Negotiations: $12,000 14 Easement Appraisals: Reimbursement to Provider for direct costs. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event that there is a conflict between the terms of the Original Agreement and the terms of this Amendment, this Amendment shall control. IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: By: Bemade elisslef IYA,,A V '.,Chair Orange County Board of Commissioners raig Benerdict, De Director PROVIDER: c Printed Name and technical content. This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This instrument has been approved as to form and legal sufficiency. Office of the County Attorney 15 -9111-Hobbs Upc' arch Associates �sn� __ ..:5.ji.u..::ais::.i ::il ;,isr:i�t ! '::I,•t,:.,ri;n'� k flW I January 13, 2012 Mr. Craig Benedict Orange County Planning & Inspection 131 W. Margaret Lane Hillsborough, NC 27278 RE: Buckhorn -Mebane EDD Easement Plats /Aequisitions Dear Mr. Benedict: . Per your request, Hobbs, Upchurch & Associates, P.A. (HUA) is pleased to offer our services to Orange County for preparing all easements and assisting in the procurement of the required easements for construction. We offer our services to Orange County as follows: • Easement Maps and Descriptions HUA will provide all necessary field surveying, deed research, mapping and technical services for the completion of detailed maps and legal description for each property. For each property, HUA will provide an easement map to scale on legal size paper along with a certified legal description for use in preparing the easement. HUA will provide these services for all of the properties required to complete the above referenced project for a fee of EIGHTEEN THOUSAND FIVE HUNDRED DOLLARS ($18,500.00). Easement Negotiations HUA staff will provide coordination and assist Orange County in delivery, explanation and coordination for obtaining all easements on the project. These services will include group meetings and individual meetings as required in coordination with the County Attorney for obtaining the easements. RUA proposes to do this work for a lump sum amount estimated to be TWELVE THOUSAND DOLLARS ($12,000.00). If any properties should require additional meetings or extra coordination, RUA will complete that work at our hourly rates. Appraisals Upon determination of how many properties Orange County will require appraisals for; HUA will coordinate the appraisal services and a cost for same to the County. Appraisals on certain properties may require varying amounts of detail• and review, including review appraisals. The actual cost of appraisals will be forthcoming based on the actual need and further discussions with potential appraisers. T: 910.692.5616 1 F: 910.692.7342 1 300 SW BROAD STREET I SOUTHERN PINES, NG 28388 1 WWW.HOBBSUPCHURCH.COM SUPERIOR PERFORMANCE THROUGH INNOVATIVE DESIGN 16 Mr. Craig Benedict January 13, 2012 Page -2- HUA would like to thank Orange County for this opportunity to continue to provide services for this project and we look forward to working toward this next phase of this project. If you have any questions, please do not hesitate to contact this office. Sincerely, HOBBS, UPCHURCH & ASSOCIATES, P.A. Bill Lester, Jr., P.B. NORTH CAROLINA ORANGE COUNTY CONTRACT AMENDMENT #2 17 THIS CONTRACT AMENDMENT is made and entered into this CH day of , 2013 by and between _Z_ ORANGE COUNTY (hereinafter referred to as "County ") and HOBBS, U, & ASSO PC CIATES, P.A. (hereinafter referred to as the "Provider "). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated November 4, 2010, for the Buckhorn- Mebane EDD Water and Sewer Extension Project -Phase II, (hereinafter the "Original Agreement "); and WHEREAS, the Original Agreement has been previously amended by CONTRACT AMENDMENT #1; and WHEREAS, the County and Provider desire to further amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. The Term of the Original Agreement is hereby extended through June 30, 2014. 2. Section 1(a) is modified to add a new sub - section "vi" as follows: vi) Provider has submitted a proposal to provide additional services on this project related to surveying, engineering design and permitting. Provider's letter of proposal, dated August 3, 2012 regarding "Efland Sewer System; Re- Rerouting Sewer Discharge to Gravelly Hill; Engineering Design Services Proposal ", is attached and is incorporated into this Amendment. The additional costs associated with these services are as follows: Surveying $18,000.00 Engineering Design $133,600.00 Section 3(a)(ii) is modified to include a second task list as follows: Efland Sewer System Surveying and Engineering Task 1. Conduct Initial Meeting with Project Team 12/2012 5% Task 2. Compile Background Information / Preliminary Analysis 01/2013 10% Task 3. Finalize Sewer System Analysis Phase 02/2013 16% Task 4. Complete Field Survey / Preliminary Utility Layout 02/2013 14% Task 5. 50% Design Review Meeting with Project Team 03/2013 14% Task 6. 90% Design Review Meeting with Project Team 09/2013 15% Task 7. Submit Permits for County Review /Approval 10/2013 10% Task 8. Submit Final Design for Permitting Agency Approval 11/2013 10% Task 9. Finalize Project — Receive Permitting Approvals from State 03/2014 6% Task 10. Coordinate Funding Opportunities On -going Discussions as required iR 4. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event that there is a conflict between the Original Agreement and this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Contract Amendment has been executed by the parties hereto, as of the date first above written. Approved as to technical content 6'aig-Bengifict, Department Director Provider; i> Fred g. Hobbs, P. . Pr ident This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director Approved as to form and legal sufficiency: Off ft e my Attorney 19 Attachment 2B-- '2, a. Hobbs Upchurch Associates engineering I planning i surveying August 3, 2012 Mr. Craig Benedict Orange County Planning & Inspection 131 W. Margaret Lane Hillsborough, NC 27278 RE: Efland Sewer System Re- Routing Sewer Discharge to Gravelly Hill Engineering Design Services Proposal Dear Mr. Benedict: Per our previous discussions, and in accordance with our preliminary engineering report for the Buckhorn- Mebane EDD project, HUA offers to provide engineering design services for the above referenced project. Our design services shall adhere to the conditions, expectations, and level of service as noted in our original contract with Orange County dated November 4, 2010. Following is a summary of the proposed costs: Surveying $18,000.00 Engineering Design $133,600.00 Please find attached a copy of the detailed estimate and layout map for the proposed project. Upon execution of an amendment to our contract to complete this work, we will schedule a meeting to review the previously completed report, all the latest Efland design information, and develop a detailed work schedule. If you should require additional information, or wish to discuss the project further, please do not hesitate to contact this office. Sincerely, HOBBS, UPCHUR & ASSOCl04,., � � 2o..o�ES S�oy ti� a� SEAL Bill Lester, Jr., P.E 17651 l ` 7:010.692,6016 1 F; 910.892.7342 1 300 SW BROAD STREET I SOUTHERN PINES. NC 28397 i WWW,HOBBSUPCHURCH.COM SUPERIOR PERFORMANCE THROUGH INNOVATIVE DESIGN PTO Hobbs Upchurch Associates anginoering I planomig I stir in v, Suckhorn-Mebane EDD Phase 2 Sewer Improvements to serve the Efland Community Orange County, NC Prefirninary Cost Estimate ILOM - Quantity YAU-fte- Extended Cos 10-Inch SDR 35 Sanitary Sewer 2,300 If $60.00. $138,000.00 104n'ch DI Sanitary Sewer 300 If $75.00 $22,500.00 4-foot Diameter Manhole 10 1,400 ea If $2,750.00 . .... $18.00 ...... $27,500.00 $25,200.00 SDR 21 Forcemain 81' CL 250 D1 Forcemain .. . ...... . 360 If $35.0-0- $12,600.00 i PVC SDR 21 Forcemain 6,950 If ---------- $22.00 .......... $152,900.00 1011 CL 250 DI Forcemain 500 ea $50.00 $25,000.00 10" ID HDPE Installed by Directional Bore 1,750 If $450.00 $787,500.00 16" Steel Casing installed by Bore 280 If " $200.00 ....... $56,000.00 20" Steel Casing Installed by Bore & Jack 380 If $250.00 $95,000.00 20" Steel Casing Installed on Grade by Bore & Jack 60 If $350.00 $21,000.00 Tie to Existing Forcemain__ 1 .... . . .... i, bo Existing Pump Station Modifications ........... I Is $75,000.00 $75,000.00 Duplex Submersible Pump Station "-Generator I Is $195,000.00 - - . $195,000.00 ii�i�i6i-Emergency 1 Is $60,000.00 $60,000.00 Clearing 2.25 ac $4,000.00 $9,000.00 Select Fill 1,500 cy $20.00 $30,000.00 Asphalt open cut & Patch 240s $50.00 $12,000.00 Concrete Drive Removal & Replacement 25 sy $350.00 $8,750.00 Seed Mulch & Erosion Control 8.50 ac $3,000.00 Total Estimated Construction Cost: ... ...... . . ....... .......... . ......... . $1,781,450.00 Construction Contingency: . . ..... ............. ...... .... $178,145.00 Survey: ...... ...................... $18,000.00 Engineering Design: $133,600.00 Construction Administration & Inspection: .. ....... . ....... .. ------ ---- $115,800.00 . R/R Encroachment . . . .. ........ . ..... ..... .. . ........... ------- ........ ... . . $25,000.00 $1010W.00 Easement Acquisition Permits $2,000.00 Total Estimated Project Cost: $2,263,995.00 T.910.692.5616 I F.'910.692.7342 13008W BROAD STREET I SOUTHERN PINES, NO 20387 1 WWW.HOBBSUPCHURCKCOM SUPERIOR PERFORMANCE THROUGH INNOVATIVE DESIGN f .. N Attachment 2 22 April 22, 2014 Orange County — Planning and Inspections Department ATTN: Mr. R. Kevin Lindley, P.E. 133 W. Margaret Lane Hillsborough, NC 27278 RE: Buckhorn — Mebane Economic Development District — Phase II Professional Engineering Services - Contract Amendment #2A (REVISED LETTER) (HUA Project Number: OC1202) Dear Kevin: This letter herewith is provided to serve as Contract Amendment #2A to the Original 2010 Contract for the project identified as Buckhorn - Mebane Economic Development District (EDD) — Phase 11. This letter will summarize the original project scope as well as delineate the items to be covered by this amendment to the original project scope and original contract. Original 2010 Contract Hobbs, Upchurch & Associates, P.A. (HUA) and Orange County entered into a contract dated November 4, 2010 to provide surveying, engineering design, and permitting for the project identified as Buckhorn - Mebane Economic Development District (EDD) — Phase II. Note that the " Efland Extension" to Buckhorn — Mebane EDD — Phase II was added later as part of Contract Amendment #2. Original Project Scope In general terms, the original project was designed to collect sewage from the area / unincorporated community known as Efland. Currently, the majority of Efland's sewer is collected at a pump station on Brookhollow Road and pumps toward Hillsborough along Oak Street and the project would have picked up the forcemain on Oak Street and redirect it towards Mebane. This forcemain would then have connected to a small gravity sewer project in the northwestern interchange of 1-40 / 1 -85 and Mt. Willing Road. The project included a pump station on the north side of 1-40 /1-85 at the low area, 1,500 LF west of this interchange. From this pump station, effluent from the unincorporated community of Efland and adjacent additional gravity sewer area would have been pumped to the Gravelly Hill Pump Station and on into the City of Mebane. Also, HUA looked at additional pump stations in this eastern portion of the Buckhorn - Mebane EDD. This area was identified on the original area map (See also Exhibit A: Figure 1, as attached) as Areas D -2, D -3, D-4 and all of E. Amended Project Scope Following several meetings with the County staff, the City of Mebane and the new HUA project team, the best solution was identified as the "West Ten Road Pump Station" project. This revised project includes all the original sewer improvements and combines two pump stations into one on West Ten Road (adjacent to an unnamed tributary of Seven Mile Creek which runs adjacent to Stephanie Lane, on the north side of West Ten Road). This project adds approximately 4,500 LF of gravity sewer and additional easements. The project also includes gravity sewer east of and past the 1 -40 / Mt. Willing Road interchange through pasture lands opening up 100 acres for future development. This revision also provides a gravity sewer location to the north side of Norfolk Southern Railroad to allow for potential development sewage to be pumped into a gravity manhole north of the railroad. (See also Exhibit B: Figure 2, as attached.) Also, attached, as Exhibit C, is the final Opinion of Probable Cost for the project. Another significant difference between the two projects is the estimated construction cost. The original project was estimated at $2.2 Million with the new and much - improved project scope at $4.8 Million. Although the cost has increased, it resolves the request of the City of Mebane to minimize pump stations and opens up much more developable and usable land area within the Buckhorn — Mebane EDD as well T 910,692.5M II F: 910,692X'342 'll 135 W. CONNECMUTAVE � SOU 111 HER11,m RPES, NC 28387 WW, H OIBBSUU:V0)1111 :yCVf.C(:NV1 Orange County — Buckhom Mebane EDD — Phase II Contract Amendment #2A (REVISED LETTER) 04 -22 -14 Page 2 of 4 as provides gravity sewer north of the Norfolk Southern Railroad for Efland and developable land on the north and south sides of 1-40 /1-85. Detailed Scope of Services — Cost Estimates Therefore, we propose to amend the original contract dated November 4, 2010, and prior approved amendments, to add additional surveying services; final engineering design; and bidding process through the contract award phase of this project. Once the actual construction award is established, then the construction management and inspection phase will be determined. Also, the geotechnical fees and wetlands delineation fees will be included as "not to exceed" fees (Exhibit C: Opinion of Probable Cost). Following are the specific cost estimates for this Contract Amendment #2A including: Expanded Sewer Analysis: $ 46,000.00 Engineering Design / Surveying (ROW Acquisition): $317,000.00 Geotechnical Report Fees (NTE): $ 20,000.00 Wetlands Delineation Fees (NTE): $ 10,000.00 The above fees supersede those contained in Contract Amendment #2. Detailed Scope of Services — Task List The detailed scope of services Task List is defined as follows: Task 1— Desian Survev and Construction Documents: Detailed design will include all the proposed forcemain, gravity sewer, and lift station design and site work. The lift station site will be designed similarly to the Brookhollow Pump Station to provide consistency for Mebane. A third -party electrical engineer will be subcontracted by HUA for the lift station design. • Additional Surveying - as required, based on the new, approved alignment, as shown in the attached Figure 2; • 30% Detailed Design Submission to County (Alignment); • 60% Detailed Design Submission to County (Profiles); • 90% Detailed Design Submission to County (Final). Task 2 — Coordination and Approvals: HUA will coordinate with State agencies, local agencies, and utility companies for all approvals necessary to construct the West Ten Pump Station project as defined by the amended project scope. The anticipated coordination will be as follows: • Monthly /Bi- Monthly Project Meetings as required; • Orange County Project Coordination; • Geotechnical Engineer Coordination; • Environmental Consultant Coordination; • Cultural / Archaeological Survey Coordination with North Carolina State Historic Preservation Office (SHPO) and Orange County; • NCDENR Submissions and Permit Acquisition for: • Erosion and Sedimentation Control, • Sanitary Sewer and Lift Station; • Easement Map Preparation and Survey; • Shallow Utility Company Coordination; • Railway Crossing Submission and Coordination; and • NCDOT Crossing Submission and Coordination. 23 Orange County — Buckhom Mebane EDD — Phase II Contract Amendment #2A (REVISED LETTER) 04 -22 -14 Page 3 of 4 Task 3 - Contract Preparation and Biddina: HUA will prepare all required bid documents and specifications, as per the previous construction contracts executed as part of the Buckhorn- Mebane EED Water and Sewer Extension Project — Phase 11. Services for this task shall include: • Preparation of Bid Documents and Contract Specifications; • Contract Advertisement Preparation; • Bidder Coordination; • Contract Amendment Preparation as required; • Bid Document Review; and • Contract Award Recommendation. Services NOT Included: Any work not specifically listed in Tasks 1 -3 above will be performed on an hourly basis in accordance with HUA's most current hourly Fee Schedule at the time services begin, or on a basis to be negotiated prior to accomplishment of the work, should the services be requested by the OWNER or if additional design is required by a regulatory or other governmental authority. Items which are not included in this fee proposal from HUA include, but are not limited to, the following: • Utility design other than water service to the pump station, sanitary sewer, and electrical for the pump station; • Tree surveys; • Floodplain modeling /analysis; • Environmental impact study /statement; • Wetland delineation and wetland agency coordination /concurrence, as done through subcontractor; • Impact fees; • Permit fees (including but not limited to railroad encroachment fees and geotechnical report fees); • Submittal review fees; • Land acquisition fees; • Traffic impact studies and traffic improvements; • Structural design (i.e. walls, buildings, bridges, box culverts), irrigation design and lighting design. Summary of Contract Amendment #2A The final project will have one pump station and three times the gravity sewer lines as well as opening developable land north of the railroad in Efland plus property on both sides of 1- 40/1 -85 Interstate. With an estimated cost of $4.8 Million, the amended final project will benefit greatly the Mebane - Efland Corridor as well as all of Orange County. MA Orange County — Buckhom Mebane EDD — Phase II Contract Amendment #2A (REVISED LETTER) 04 -22 -14 Page 4 of 4 Contract Amendment #2A Approval Signatures IN TESTIMONY WHEREOF, this Contract Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY Barry Jacobs, Chair Orange County Board of Commissioners Attest: Donna Baker, Clerk to the Board This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director Provider: w l Fred 4. Ro-bbs, P.E. President Approved as to technical content: Craig Benedict, Department Director Approved as to form and legal sufficiency: Office of the County Attorney Questions or Concerns If you should have any questions or require additional information, please feel free to contact me at (910) 692 -5616. Sincerely, HOBBS, UPCHURCH & ASSOCIATES, P.A. red M. Hobbs, P.E. President Encls.: Maps: Exhibit A: Figure 1 and Exhibit B: Figure 2 Estimate: Exhibit C: Opinion of Probable Cost CC: Mr. David Townsend III, P.E., HUA Project Manager Mr. David Lane, HUA Mr. Craig Benedict, Director, Orange County — Planning and Inspections Department 25 - IrF i. � , � 1l.Fl;iG liillt:9 HOBBS, UPCHURCH & ASSOCIATES, P.A. Consulting Engineers Southern Pines, NC 22-Apr-14 Buckhom- Mebane EDD Sewer Improvements Orange County, NC Phase 2 - West Ten Road Pump Station Opinion of Probable Costs ITEM DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE 1 WIN Seed & Mulch & Erosion Control 14 AC $4,000.00 $56,000.00 2 Clearing and Grubbing 4.5 AC $3,500.00 $15,750.00 3 Gravel for Driveways 300 TN $30.00 $9,000.00 4 Asphalt Open Cut and Patch 550 SY $50.001 $27,500.00 5 Concrete Open Cut and Patch 100 Sy $90.00 $9,000.00 Item A Sub -total $117,250.00 1� / % / % /% /i�,��, news 6 8" PVC SDR 21 Forcemain 1,200 LF $35.00 $42,000.00 7 8" 90 Degree Bend 1 EA $1,050.00 $1,050.00 8 8"22.5 Degree Bend 4 EA $1,050.00 $4,200.00 9 8" Isolation Valve 1 EA $1,600.00 $1,600.00 10 12" PVC SDR 21 Forcemain 18,000 LF $40.00 $720,000.00 11 12 12" Restrained Joint D.I.P. 16" ID HDPE DR 9 Installed by Directional Bore 600 6 LF EA $70.00 $32,500.00 $42,000.00 $195,000.00 13 12" 90 Degree Bend 0 EA $1,100.00 $0.00 14 15 16 17 12"45 Degree Bend 12" 22.5 Degree Bend 12" Isolation Valve Isolation Restraint Joint 24 10 9 400 EA EA EA LF $1,050.00 $1,080.00 $1,650.0 $90.00 $25,200.00 $10,800.00 $14,850.00 $36,000.00 18 Combination Air Release Valve Assembly in Manhole 4 EA $5,000.00 $20,000.00 19 Tie to Existing Manhole Item B Sub -total 1 1 EA $4,400.00 $4,400.00 $1,117,100.00 /, � /// / / / / / / //i / /i/ , i i % / /,/ / iii � „// , /, % %a�/ �= 20 8" D.I.P. Class 52 Gravity Sewer 6' -10' 295 LF $70.00 $20,650.00 21 10" PVC SDR 35 Gravity Sewer 6' -10' 4,025 LF $40.00 $161,000.00 22 10" PVC SDR 35 Gravity Sewer 10' -14' 0 LF $50.00 $0.00 22 10" D.I.P. Class 52 Gravity Sewer 6' -10' 100 LF $75.00 $7,500.00 23 10" D.I.P. Class 52 Gravity Sewer 10' -12' 200 LF $80.00 $16,000.00 24 10" D.I.P. Class 52 Gravity Sewer 12' -14' 0 LF $85.00 $0.00 25 10" D.I.P. Class 52 Gravity Sewer 14' -16' 250 LF $95.00 $23,750.00 26 10" D.I.P. Class 52 Gravity Sewer 16' -18' 0 LF $110.00 $0.00 27 10" D.I.P. Class 52 Gravity Sewer 18' -20' 0 LF $140.00 $0.00 27 10" D.I.P. Installed in Casing 200 LF $80.00 $16,000.00 28 12" PVC SDR 35 Gravity Sewer 6' -10' 0 LF $50.00 $0.00 29 12" PVC SDR 35 Gravity Sewer 10' -14' 0 LF $75.00 $0.00 30 12" D.I.P. Class 52 Gravity Sewer 6' -10' 250 LF $85.00 $21,250.00 31 12" D.I.P. Class 52 Gravity Sewer 10' -14' 100 LF $110.00 $11,000.00 32 12" D.I.P. Class 52 Gravitv Sewer 14' -18' 310 LF $130.00 $40,300.00 33 12" D.I.P. Class 52 Gravity Sewer 18' -22' 0 LF $250.00 $0.00 34 12" D.I.P. Class 52 Gravity Sewer 22 -26' 1,078 LF $290.00 $312,620.00 35 12" D.I.P. Class 52 Gravity Sewer (26' -30') 0 LF $350.00 $0.00 Page 1 of 2 HOBBS, UPCHURCH & ASSOCIATES, P.A. Consulting Engineers Southern Pines, NC 22-Apr-14 Buckhom- Mebane EDD Sewer Improvements Orange County, NC Phase 2 - West Ten Road Pump Station Opinion of Probable Costs 36 20" Steel casing installed on grade crossing Rail line for the proposed 8 -inch gravity sewer 295 LF $600.00 $177,000.00 37 24" Steel casing installed on grade crossing 1-40 / 85 for the proposed 12 -inch oravity sewer 330 LF $750.00 $247,500.00 38 4'0" Diameter Manhole 6' -8' 7 EA $2,000.00 $14,000.00 39 4'0" Diameter Manhole 8' -10' 5 EA $2,200.00 $11,000.00 40 4'0" Diameter Manhole 10' -12' 2 EA $2,550.00 $5,100.00 41 4'0" Diameter Manhole 12' -14' 1 EA $3,000.00 $3,000.00 42 4'0" Diameter Manhole 14' -16' 2 EA $3,350.00 $6,700.00 43 5'0" Diameter Manhole 16' -18' 2 EA $4,700.00 $9,400.00 44 5'0" Diameter Manhole 20' -22' 0 EA $6,100.00 $0.00 45 5'0" Diameter Manhole 22' -24' 0 EA $6,600.00 $0.00 46 5'0" Diameter Manhole 24 -26' 3 EA $7,100.00 $21,300.00 47 48 5'0" Diameter Manhole 26 -28' 5'0" Diameter Manhole 29 -30' 1 0 EA EA $7,700.00 $10,100.00 $7,700.00 $0.00 49 50 Select Fill Allowance 1 Rock Excavation and Disposal Allowance 6,000 9,500 CY CY $18.00 $65.00 $108,000.00 $617,500.00 51 Dewaterin Provisional 1 LS $30,000.00 $30,000.00 52 Pump Station 1 LS $675,000.00 $675,000.00 53 Pump Station Site Work 1 LS $40,000.00 $40,000.00 Item C Sub -total $2,582,620.00 54 8" PVC SDR 35 Gravity Sewer 6' -10' 875 LF $40.00 $35,000.00 55 4'0" Diameter Manhole 6' -8' 2 EA $2,000.00 $4,000.00 56 4'0" Diameter Manhole 8' -10' 1 EA $2,200.00 $2,200.00 57 Asphalt Open Cut and Patch 930 Sy— $50.00 $46,500.00 Item D Sub -total $87,700.00 55 8" PVC SDR 35 Gravity Sewer 6' -10' 815 LF $40.00 $32,600.00 56 4'0" Diameter Manhole 6' -8' 3 EA $2,000.00 $6,000.00 57 Asphalt Open Cut and Patch 550 SY $50.00 $27,500.00 Item E Sub -total $66,100.00 Sub -total $3,970,770.00 Conten ency (10 %) Sub -total $397,077.00 $4,367,847.00 Engineering Design / Survey / ROW Acquisition Fees $317,000.00 Railroad Encroachment $30,000.00 Geotechnical Report Fees Not -to- Exceed) $20,000.00 Wetlands Delineation Fees (Not -to- Exceed ) $10,000.00 Permit Fees $5,000.00 ,,; �, ✓��i' / % /r / / „ /� / /p� /!�i� /� /% � / / /� % / /i /// %/r % //, liiio�il�% , i/ ,ri ���i,�f,i� i iii Page 2 of 2 /o