HomeMy WebLinkAboutAgenda - 12-01-2014 - 7cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 1, 2014
Action Agenda
Item No. 7 -c
SUBJECT: Orange County /City of Durham Utility Service Agreement Amendment
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Original Agreement Craig Benedict, Planning, 919 - 245 -2592
2. Amended Clause Section 12 Howard Fleming, 919 - 245 -2586
3. Eno Economic Development District James Bryan, 919 - 245 -2319
Water and Sewer System Project Draft
Master Plan Report (Section 1 and
Section 8)
4. Eno EDD Map with New Focus Area
PURPOSE: To amend an agreement to permit additional time (i.e. 2 years) for water and /or
sewer system construction initiation in the Eno Economic Development District (EDD).
BACKGROUND: In late 2011 and January 2012 Orange County and the City of Durham
developed and approved an interlocal agreement:
`7nterlocal Agreement between Orange County and the City of Durham for
Construction and Operation of Water and Sewer Facilities in the Eno Economic
Development Zone of Orange County ".
The purpose was to develop a more formal utility service area within Orange County's Eno
Economic Development District area and within the City of Durham's urban service area (also
known as their suburban tier). Under normal circumstances, utility extensions would be solely
the responsibility of developers. The agreement set forth parameters of water and sewer
service, feasibility, design, construction and operation, when Orange County provided utility
investments. Future Capital Investment Plan (CIP) projects were programmed for investment in
the area.
This agreement was a necessary preamble to beginning Article 46 economic development
infrastructure investment in the area. The County wanted to ensure that investments would be
linked to capital returns and operational responsibilities by the City of Durham once facilities are
installed in this jointly designated Orange County and Durham City economic development area.
This area has been designated for this land use since the early 1980's.
A lengthy engineering feasibility analysis of what area could be served and at what cost was
conducted by a jointly approved outside firm (CDM Smith) starting in late 2012. The findings of
the study showed that the costs for a large EDD 796 acre district -wide solution were prohibitive
at this time due to high off -site (i.e. Durham area) infrastructure costs. This was noted in County
CIP work sessions in early 2014. The scope (Section 1) of the original study and conclusions
(Section 8) are in Attachment 3.
2
The full report is available on the Orange County website
at: tt�:88ran_ �cuntync,_ v8�lannin_ 8 cu ants/ ��rt ova er201,p
However, a scaled -back program (see Focus Area in Attachment 4) could focus on prime land
with interstate visibility with willing property owners who are presently marketing their land. This
new study and sewer project will take additional time to accomplish beyond the original
timeframe to begin construction of January 2015, but because of a smaller scale, will be easier
to accomplish once designed and agreed to by Orange County and the City of Durham. A water
extension may also be possible.
Therein, this request is to amend the agreement for a new design and construction timeline as
noted in Section 12 (shown in Attachment 2). Only 2 additional years is necessary to initiate
construction since the design would likely not include a sewer lift station which is time
consuming and be designed as a simpler sewer gravity extension of existing Durham facilities
near the County border. This 100± acre area is in the far northeast corner of the Eno EDD
between 1 -85 and US 70. This is also the most distant part of the Eno EDD from where
residents had concerns in 2012. Attachment 2 also contains a "clean" version of the language
(e.g., changes are not tracked).
Joint staff discussions have found this option a reasonable alternative.
Pending Board approval, the amandment will be transmitted for City of Durham approval since
Orange County is the requesting party.
FINANCIAL IMPACT: Monies are allocated in the prior year CIP (2013 -14) for the initial
feasibility study and later for this upcoming design work. Construction monies will be
programmed in next year's CIP during the budget cycle or earlier if necessary.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Approve the amendment; and
2. Authorize staff to transmit it to the City of Durham.
�
_Please return this copy to the Clerk to the Board's , 3
Attachment 1 office for permanent agenda files 61-1vy " —
4
INTERLOCAL AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF DURHAM
FOR CONSTRUCTION AND OPERATION OF WATER AND SEWER FACILITIES
IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE COUNTY
��
This agreement is dated, made, and entered into as of the day of ,
20, by the City of Durham, a North Carolina municipal corporation (` Durham) and Orange
County, a North Carolina political subdivision ( "Orange").
Pu1poses. The purposes of this agreement are (1) to further the economic development potential of land
identified by Orange County and the City of Durham in their respective planning documents as
particularly suitable for industrial development, as well as to promote the public health and safety of
residents within the area, and (2) to accomplish the design, construction, and operation of water and sewer
services within the Eno Economic Development District.
1. Definitions
Year — July 1— June 30
Zone — The Eno Economic Development District located at the eastern boundary of
Orange where U.S. Highway 70 and Interstate Highway 85 intersect, shown in greater
detail by the map titled "Eno Economic Development Zone Utility Service Boundary"
and attached as Exhibit A. The Zone does not include land in Durham County.
2. Desi n. Durham will solicit and receive proposals for the design of water and sewer
infrastructure to serve the Zone. Before awarding contracts for such design, Durham will
provide Orange with the proposals and other responses to the request for proposals so that
Orange may review and comment to Durham regarding the selection of the designer(s).
Durham will then proceed to negotiate the professional fees with the designer(s). The fees
must be satisfactory to Orange. Durham will not select any designer to which Orange objects
based on the qualifications and /or professional fees. If Orange does not object within a
reasonable time to a designer and its proposed fee structure, Durham may award a contract to
the designer for such design in which the proposed fee structure applies. Orange will
reimburse Durham for all payments that Durham is required to pay under the contracts.
Therefore, Durham will invoice Orange as invoices are received from the selected
designer(s) for payments made or required to be made under the design contracts. Orange
will pay each invoice within thirty (3 0) days after it receives it.
3. Construction. Durham will solicit bids for the construction of the infrastructure. Durham will
share the proposals with Orange. Orange may comment to Durham as to which contractor(s)
the award should be made. If Durham concurs, and if Durham determines it appropriate to
do so, Durham will award the contract(s) to those contractor(s) and execute contract(s) with
them. If Durham does not concur, or if Durham otherwise finds it appropriate to rebid,
Durham will rebid and continue the process described in this paragraph until Durham makes
an award unless the Durham City Manager and the Orange County Manager jointly agree to
suspend or abandon the process. By authorizing their respective managers to sign this
agreement, the parties' governing bodies authorize them to agree to suspend or abandon the
0
INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTYAND THE CITY OF DURHAMFOR CONSTRUCTIONAND
OPERATION OF WATER AND SEWER FACILITIES IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE
COUNTY, page 2
process if they jointly determine it is prudent to do so. If the managers do not jointly agree it
is prudent to suspend or abandon the process, it is agreed that suspension or abandonment
will not be effective unless the parties' governing bodies jointly agree to suspend or abandon.
4. PUm_e_nt. For each construction contract, Orange will select payment option A or payment
option B and will notify Durham of its selection within twenty days after Durham shall have
executed the construction contract. Payment option A: Durham will invoice Orange from as
invoices are received from the selected construction contractor for payments made or
required to be made under the construction contracts. Orange will pay each invoice within
thirty (30) days after it receives it. Payment option B: Orange will reimburse Durham for
payments made or required to be made under the construction contracts over a 10 -year
period, beginning on substantial completion, at an annual interest rate of 5 %. The remainder
of this paragraph applies to both payment options. [Provided however Orange shall not be
required to pay for services that were not appropriately authorized or ratified by Durham or
which Durham did not find to be satisfactorily performed by the contractor, provided that
Durham will not be liable to Orange for making a finding of satisfactory performance.
Durham will insert in the construction contracts a provision stating, "Orange County, a N. C.
political subdivision, is a third -parry beneficiary of this contract."
5. Construction Standards. In all respects except to the extent otherwise stated in this contract,
the construction will be done in accordance with (i) Durham standards, requirements, and
procedures, including approvals of plans, conducting inspections, requiring tests and
certifications, and requiring as -built drawings, and (ii) any applicable federal and state
standards.
6. Ownership of and Responsibility for Infrastructure. Durham will be the owner of and
responsible for the operation and maintenance of the infrastructure constructed under the
construction contracts. All construction contracts shall provide for the indemnification and
defense by the contractors of both Orange and Durham.
7. Fees and Charges. As long as a particular property is located outside Durham's corporate
limits, Durham will impose, process, and collect all fees and charges with respect to that
particular property, including acreage fees, connection charges, frontage charges, capacity
charges, and utility rates, as Durham charges on other locations outside Durham's corporate
limits. Except to the extent specified otherwise, Orange will have no right to any of those
fees and charges, and nothing in this agreement will affect the use or disposition of those fees
and charges.
8. Reduction in Payments from Orange. The acreage fees and frontage charges collected by
Durham from the Zone will be used towards payment of the design and the construction of
the infrastructure (collectively, the "Dedicated Receipts "). ( "Acreage fees" means impact
fees (as defined in Durham City Code sections 30 -81 et seq.) that are based on area.) No
other fees or charges collected by Durham, such as capacity and connection charges, will be
used for that purpose. The amounts to be paid by Orange to Durham under paragraph 4
above in a particular Year will be reduced by the Dedicated Receipts received by Durham in
that Year. If the Dedicated Receipts received by Durham in that Year exceed the amounts to
5
INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTYAND THE CITY OF DURHAMFOR CONSTRUCTIONAND
OPERATION OF WATER AND SEWER FACILITIES IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE
COUNTY, page 3
be paid by Orange under paragraph 4 in that Year, the excess Dedicated Receipts will be
carried forward and used similarly to reduce the amounts to be paid by Orange under
paragraph 4 in the following Years. The Dedicated Receipts received only during the ten
Years beginning on the first July 1 after substantial completion of the relevant infrastructure
will be applied in this manner. Nevertheless, the ten Year period shall end on or before the
expiration of fifteen Years beginning on the first July 1 after the date of this contract.
Nothing herein means that Durham will make any payment to Orange on the ground that the
Dedicated Receipts exceed, in any Year or Years, the amounts to be paid by Orange under
paragraph 4. If Durham is required by a court of competent jurisdiction to refund any
acreage fees or frontage charges that were used towards payment of the design and the
construction of the infrastructure by means of the Dedicated Receipts process described
above in this paragraph, Orange shall reimburse Durham (i) to the extent the amounts paid by
Orange to Durham under paragraph 4 above in a particular Year were reduced by the
Dedicated Receipts attributable to the amounts refunded, and (ii) for interest associated with
the refunds of the acreage fees or frontage charges that Durham is required to pay by a court
of competent jurisdiction.
9. Nondiscriminato1y Policies. Durham will not establish policies that impose a level of water
and sewer service in the Zone that is inferior to that provided to similarly situated users of
Durham water and sewer services.
10. Annexation. Durham may enter into agreements with developers and property owners that
they will comply with requirements that Durham desires related to annexation, including that
they will not seek annexation by any municipality other than Durham; that they will petition
for annexation when requested by Durham; and that they will be subject to remedies for
violating the annexation - related provisions.
11. Regulations. Durham shall have the authority to protect and regulate the water and sewer
systems and its users in the Zone, including water use restrictions and regulations respecting
introduction of pollutants into the wastewater system.
12. Duration. This agreement shall be perpetual, unless terminated earlier by mutual agreement.
Nevertheless, this contract shall terminate if construction of the infrastructure has not begun
within three (3) years of the date of this agreement. On such termination, all obligations that
are still executory on both sides are discharged but any right based on prior breach or
performance survives. The governing body of each party hereto has determined the duration
provided in this paragraph to be reasonable.
13. Appointment of Personnel. The City Manager shall designate persons to carry out Durham's
obligations under this agreement. The County Manager shall designate persons to carry out
Orange's obligations under this agreement.
14. Amendment and Termination. This agreement may be amended or terminated by agreement
of the parties. An amendment is not valid unless signed by both parties and otherwise in
accordance with requirements of law. An amendment is not enforceable against Durham
unless it is signed by its City Manager, or a deputy or assistant City Manager. An
6
INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTYAND THE CITY OFDURHAMFOR CONSTRUCTION AND
OPERATION OF WATER AND SEWER FACILITIES IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE
COUNTY, page 4
amendment is not enforceable against Orange unless signed by the County Manager or Chair
of the Board of County Commissioners.
15. Notice.
(a) All notices and other communications required or permitted by this agreement shall be in
writing and shall be given either by personal delivery, UPS, Federal Express, or certified
United States mail, return receipt requested, addressed as follows. The parties are requested
to send a copy by email.
To Durham:
Mr. Thomas J. Bonfield
City Manager
City of Durham
101 City Hall Plaza
Durham, NC 27701 -3329
Email: tom.bonfield @durhamnc.gov
To Orange:
Frank Clifton
Orange County Manager
200 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
Email: fclifton @co.orange.nc.us
(b) Change of Address. Date Notice Deemed Given. A change of address, fax number, or
person to receive notice may be made by either party by notice given to the other party. Any
notice or other communication under this agreement shall be deemed given and sent at the
time of actual delivery, if it is personally delivered. If the notice or other communication is
sent by United States mail, it shall be deemed received upon the third calendar day following
the day on which such notice or other communication is deposited with the United States
Postal Service or upon actual delivery, whichever first occurs.
16. No Third Party Rights Created. This agreement is intended for the benefit of the two parties
and not any other person and no rights or benefits are created for or granted to any third party
by this agreement.
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Cyr L' j
Durham ' ance Director Orange Financial Services Director
IN7ERLOCAL AGREEMENT BETWEEN ORANGE COUNTYAND THE CITY OF DURHAMFOR CONSTRUCTIONAND
OPERATION OF WATER AND SEWER FACILITIES IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE
COUNTY, page S
°r> '•• M CITY OF DURHAM
TTEST: ,
:•,:' . °
' homas J. Bonfield
Clerk f�y.�dR(�I''+' City Manager
�r
COUNTY OF ORANGE
ATTEST:
Frank r,
Clerk �1�� County Manager
NORTH CARQLINA ACKNOWLEDGMENT OF CITY OF DURHAM
COUNTY of
I, as Notary Public m and for e aforesaid County and State certify that
_ 74�Cr�f1 >� 3 personally appeared before me this day, and
acknowledged that he or she is the City Clerk of the City of Durham, a municipal corporation, and
that by authority duly given and as the act of the City, the foregoing agreement with the County of Orange was
signed in its corporate name by its City Manager, sealed with its corporate seal, and attested by its
said City Clerk or Deputy City Clerk. Thi,�the _20day of 20•_(_?_
Notary Public ,�C i V'
My commission expires: �' '0 T,g�'L10'
NORTH CAROLINA ACKNOWLEDGMENT OF COUNTY OF ORANGE
�G
COUNTY of Ora'Agj C , LkG
I, a Notary Public in and for the aforesaid County and State certify that
� o n n of 5.. 154 k e f- personally appeared before Ou''Is _day, and
acknowledged that he or she is the County Clerk of�OrangeAa o Carolina political
subdivision, and that by authority duly given Ad as the act of the County, the foregoing agreement with the City of
Durham was signed in its corporate name by its County Manager, sealed with its corporate seal, and
attested by its said County Clerk or Deputy County Clerk, his the _��_day of
20 It
�-.—y OFFICIAL REAL
Notary Public, North Carolina
Notary Public ORANGE COUNTY
My commission expires: S '] Z D t� P DAVID HUNT
�'�^'o' 1 h1� 6tmtrinillo(on Ex Tres
Approved as to form and legal sufiicieney.
C ty Attorney T
Attachment 2
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF DURHAM
FOR CONSTRUCTION AND OPERATION OF WATER AND SEWER FACILITIES
IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE COUNTY
The City of Durham, a North Carolina municipal corporation ( "Durham ") and Orange
County, a North Carolina political subdivision ( "Orange ") entered into an "Interlocal Agreement
Between Orange County and the City of Durham for Construction and Operation of Water and
Sewer Facilities in the Eno Economic Development Zone of Orange County" ( "Original
Agreement ") on January 20, 2012. As a result of the November 2013 Draft Master Plan Report
prepared by CDM Smith, Durham and Orange would like to amend the Original Agreement
through this First Amendment to allow for additional time to study alternative design options.
Through this First Amendment the Original Agreement is only modified as indicated below and
the remaining portions of the Original Agreement shall remain in full force and effect. This First
Amendment is dated, made, and entered into as of the day of , 2015.
Paragraph 12 of the Original Agreement is modified as follows:
12. Duration. This agreement shall be perpetual, unless terminated earlier by mutual
agreement. Nevertheless, this contract shall terminate if construction of the infrastructure
has not begun by January 31, 2017. On such termination, all obligations that are still
executory on both sides are discharged but any right based on prior breach or
performance survives. The governing body of each party hereto has determined the
duration provided in this paragraph to be reasonable.
This amendment is made pursuant to Paragraph 14 of the Original Agreement.
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Durham Finance Director
Orange Financial Services Director
M
0
CITY OF DURHAM
ATTEST:
By:
City Clerk City Manager
Type or print name person signing for the City:
ACKNOWLEDGMENT BY CITY OF DURHAM
Name of other party to the
contract:
Title of the contract:
I,
(Type or print name of Notary Public)
(1)
before me
a notary public, certify:
(Type or print name of City Clerk or Deputy City Clerk who attested)
personally appeared
in Durham County, N. C. on this day; (2) I have personal knowledge of her identity; and (3) she
acknowledged that by authority duly given and as the act of the City of Durham, the foregoing
document was signed in its corporate name by its City Manager, sealed with its
corporate seal, and attested by its said City Clerk or Deputy City Clerk.
This the day of , 20
My commission expires:
Notary Public
10
ORANGE COUNTY
ATTEST:
By:
Donna Baker
Orange County Clerk
Bonnie B. Hammersley
County Manager
ACKNOWLEDGEMENT OF ORANGE COUNTY
NORTH CAROLINA
COUNTY OF ORANGE
I, a Notary Public in and for the aforesaid County and State certify that Donna S. Baker
personally appeared before me this day and acknowledged that she is the County Clerk of
Orange County, a North Carolina political subdivision, and that by authority duly given and as
the act of the County, the foregoing agreement with the City of Durham was signed in its
corporate name by the Orange County Manager, sealed with its corporate seal and attested by its
said County Clerk or Deputy County Clerk, this the day of , 20.
Notary Public
My commission expires:
11
Attachment 3
�������"���� �
�����m��,° �
WMIMIM
In recent years, Orange County has taken proactive role in the recruitment of business and
industry and has established three strategic economic development districts as part of its strategy.
One of those districts is the Eno Economic Development District (Eno EDD), previously known oothe
Interstate 85/US Highway 70 (1-85/US Hwy 70) Economic Development District, and is strategically
located near the intersection of 1-8S and US Hwy 70. This economic development area will be able to
capitalize ou its location within the City uf Durham's (City) Urban Growth Area to provide water and
sewer service to future customers, which are zoned to, include a mixture of industrial, commercial, and
high density residential development.
With this project, tbeCkvuudCnoutyareouDoborutiogLocooxtructtbebuoWbooeofu*vmterund
sewer system within the Eno 8DD that will promote uoeffective growth pattern in the County with
respect to location and phasing. The major objectives of this master plan are as follows:
� Develop water demand and sewer flow projections
�
Determine the appropriate size and location for u sewer lift station
• Determine the appropriate size and route of a force main to carry wastewater flow from the
proposOd sewer lift $tation to a discharge point within the City's sewer collection system
• 0etarnqinedbeappzbpdatootzoaodloco1iuuofugravitpsevvorcW|ocdoosystecoaodvvu0*r
transmission system backbone
• Develop conceptual opinions of probable cost for the recommended improvements
�
The Eno 8DDi app 796 acres and is located io eastern Orange County, bordered tnthe
�
north tml-85And US1Hwy 70, to the east by the Durham and Orange County border, to the south by
� the Norfolk Southern railroad, and to the west by Stony Creek, as shown on Figure 1-1. The area is
primmdh/uud6vaoAmd with some rural residential and light business scattered south u{l-85.
�
The Eno DDD�slac�edvvUhiu the Eno Bher\�atershad,vvhicbovmobuuOvdischarges into the yJense
Rkeclu8ono�U tkearou t'uvmsioo northerly direction into tributaries tn the Eno River. There is
.
significant topOgraphic change within the area, ranging in elevation from 414 feet to S38 feet, a
difference ofl24feet.
`
��
12
Section w introduction
1.3 Scope of Study
y
The scope nfwork for this master plan was developed byCDM Smith, City, and County staff and
consists of the following primary tasks:
0 Flow and Demand Projections
�
Proposed Water and Wastewater Infrastructure within Eno EDD �
�
°
Force Main Discharge Alternatives
z
=
Permit AQeogrCoordbxiduo ^
= Cost Estimates
N Master Plan Report
A brief description uf each task follows.
Flow and Demand Projections
The purpose of this task was tb utilize available zoning and nIooned data to develop
water demand and wastewater flow projections within the Eno EDD, which in turn would be used to
layout the proposed water and wastewater infrastructure backbone.
The purpose of this task was tb develop u conceptual layout of the recommended water distribution,
wastewater collection, and vv;qoLoeater pump station and force main infrastructure within the Eno
BD�D.A combination of wastewater flow/water demand projections and physical site characteristics,
such as topography, streams, eind roads, were used to layout the proposed infrastructure that would
serve um the backbone of the system .
-
Force Main �Discharge Alternatives
The purpose of this task was to identify and evaluate various alternatives for where the wastewater
flow generated within the Eno EDD could be discharged into the City's wastewater collection and
conveyance system. The location ufthe Eno BDD basin is such that the »mxtewdter flow could
potentially be discharged into either one of the City's two water reclamation facility (WRF) basins, the
North Durham WRF or the South Durham WRF. There are three potential outfalls the Eno EDD flow
could b*discharged to:
0 North Durham VV8F Basin
-.Tbe Eno Oo1b*D which im located iu the Eno Basin
�
-IbeB%lmrbeCzomk Outfall, which is located iu the North Durham Basin �
'}
�
South Durham WRRBujbu
-TboMudCreok Outfall, which io located hzthe Farrington Basin �
For the purposes nf this report, the three potential discharge locations will bm referred toas the Eno �
'
ze OMmh
�
13
Section I a introduction
Permit Agency Coordination
The purpose uf this task was to identify the potential permitting needs and coordinate with the
associated regulatory agencies, if needed, ou what the permit requirements would b6. The types of
permitting needs related to work such as stream channel crossings, wetland crossings, and North
Carolina Department uf Transportation (NCD0]) encroachment.
Cost Estimate
The purpose oftbim task was to develop conceptual opinions o[ probable cost for the proposed water
,and wastewater infrastructure within the Eno 0]D.
Master Plan Report
The purpose of this section was to document the evaluations and findings from the previous tasks into
a comprehensive master plan report that would guide the City and County moving forward.
���� ��� �
�.~� »������,� / �������
The remainder of this report isorganized -into the following sections, with a brief description of each
sections purpose following the name:
= This section provides o
description of the methodology and assumptions by which the demand and flow projections
were developed.
� This section
provides a description of the existing water infrastructure within the Eno EDD followed by the
evaluation that was performed to determine the additional infrastructure required to provide
the backbone for the system.
= This section describes the
process by which the recommended wastewater collection system infrastructure within the Eno
EDD was developed.
� This section
describes the alternatives analysis dzotwms performed to determine where io the City's
wastewater system the wastewater 0uns8eueraLediotbeEunBDDsboubibodisobarged.
= This section provides u description of how the
costs were developed as well as a breakdown of the cost by each of the major infrastructure
� This section p a description of the environmental
impacts that are anticipated if the proposed i were constructed us well ayu list o[
all permits that would be anticipated to be required priOr to initiating construction.
� This section provides a brief summary ofthe
fecommonded infrastructure and associated cost followed by the options for how the City and
County can advance the project forward.
mith 2-3
����a��~���� ��
�����V��° " ��
The purpose of this section is to present osummary of the conclusions presented in Sections 1
through 7of this report and discuss options for project implementation.
The primary objective ofthis project ia for the City and County Un collaborate to construct the
backbone ofa water and sewer system within the Eno 8DDthat will promote un effective growth
pattern in Orange County with respect to location and phasing. In order to develop the backbone
system, CDM Smith has performed an evaluation of the Eno EDD to develop projected water and
wastewater flows, determine what infrastructure will be needed to create the backbone, determine
where the generated wastewater will be discharged in the City's sewer system, identify potential
permitting needs, and develop conceptual opinions ooprobable cont.
The water demands and wastewater flows developed for the Eno EDD are summarized in Table 8-1. It
can be seen from the table that the projected average water demands vary from 76,000 gpd in year
2020 under the Low scenario to 895,000 gpd bybuild-out under the High scenario, The projected
average wastewater flows vary from 6O,00Ogpd io year 2O2O under the Low scenario 1o715,AO0gpd
by build-out under the High scenario. -
Table 0-1. Summary mf Average Day Water Demand and Wastewater Flow Projections by Planning
Period
Notes
1) The Low, Mid, and High projections differ based on the assumed unit water demand factor for industrial development.
The Low projection assumed 1,000 gpd/acre, the Mid projection 1,500 gpd/acre, and the High projection 2,000 gpd/acre.
a) The wastewater projections are based on an assumed water return rate of 80 percent.
3) The percentage of growth between planning periods was provided by Orange County.
The Eno BDD currently has al6'bzcb diameter waterline installed iu the project area. Based ooa
hydraulic model analysis, the existing water main has sufficient capacity to meet the near-term and
build-out demands for the Low and Mid scenarios,, There are some minor flow and headloss
deficiencies for the High flow scenario under build-out conditions, however it would be anticipated
8a
14
Section 8 a Conclusions and Recommendations
that improvements implemented in the City's system lythe time build-out werotnocco may address
the minor deficiencies. Therefore, no additional water distribution infrastructure isrecommended.
The only municipal wastewater infrastructure within the EnmBDD isu small pump station near the
eastern most boundary ny the project area that conveys u small amount of flow te the City. Therefore,
a wastewater collection and conveyance system backbone is required within the EuoBDD.
Recommended collection system infrastructure and associated conceptual opinions of probable cost
were developed for the Low and High wastewater flow scenarios. Tables 8-2 and 8-3 present the
recommended infrastructure and associated.cost for the Low and High flow scenarios, respectively.
lo order to construct the recommended infrastructure, a number of regulatory permits will be
required. Iuuo effort tominimize environmental impacts and associated permitting efforts, trmudl*ou
construction methodologies were assumed for stream and roadway crossiugm.7bepokan1bUoeedfor
an EA/EIS could be required as a result of the amount of infrastructure included in the project, but is
not a certainty. If the gravity sewer and forco main proposed to parallel US Hwy 70 cannot be installed
within the NCDOT road ROW, the need for an alternative alignment qnd/or easement acquisition
could be required, which would lengthen the project schedule and inipact project cost. This would
need tobe addressed early iu the design Dbu�eto minimize impacts.
It is recognized that the costs presented io either Table U-2or Table B-3 would bea significant
investment for the County and that immediately funding the project jo its entirety will hoa challenge.
Therefore, the following options to potentially reduce project cost aild/or phase the improvements
were identified and are presented below.
�
Construct only the pump station and force main. Collection system infrastructure could be
constructed by developers on an as-needed basis, orbv the County if additional funding
becomes available.
Construct the pump station, force main, and only the most cridc;JI collection system
infrastructure. The collection system piping neoouzoueodedfomtbisupdoniodndoagravdtyyipoy
2, 4, and 6, as identified on Figure 6-1. Constructing these gravity pipes would prevent
developers from having to impact Rhodes Creek and DS Hwy 7U, both nf which will have.
permitting challenges. _
Construct the force main from the proposed pump station tnamanhole in the Citys wastewater
collection system near the Eno 2DDboundary, as opposed to all the way to the recommended
location in the South Durham Basin, doscribed in Section S. This 6ption would temporarily
reduce the amount of force main and gravity sewer pipe by approximately 11,000 feet. It is
expected that this alternative discharge point will only haVe sufficient capacity tO receive
wastewater flows iu the oempternu and that the additional force main Would bo needed iothe
future. The force main and pump ntatinuvvyu]dot�\bmdo5iQuodto handle future flows mothat
»vheuthe discharge point into the Ci , n wastewater ayotetuneeds tube relocated tothe
rncoozomeodedlocodouintbeSoutbDurbusbBuniu,tboexi#iogforcmcndiuvvooljobh/buveto
be extended (i.e. not upgraded). Additional modeling and engineering evaluation will be
required to determine where and how much wastewater flow can be discharged to the
alternative location iu the City /osystem.
8-2 With
Section kw Conclusions and Racommemdabons
�
Table � Opinion mfProbable CmmetructimmCoot — Lmw Wastewater Flow Scenario
moTes
1) Cost reflects various depths of cover. Not shown |xtable for clarity.
2) Jack & Bore costs reflect two (2) GQ4tbores, See Note nD.
3} Gravity sewer manhole spacing of3OOfeet.
4) Pump station and"uasociated force main sized for year 2O45.
s) Jack & Bore costs reflect one (1)1OO4t bore and one (z) sO4tbore. See Note 1U.
D) Cost assumes I0-feetnfcover.
7) Traffic control required during installation offorce main along Hwy 7O.
o) Eno EDD gravity sewer system was sized based on High flow scenario with a peaking factor of 2.5
g) Cost does not reflect pump replacement by2oSs.
zB) Jack & Bores were assumed for:
= 6O~ft bore under Hwy 70 (Eno som Gravity System)
M 6O~ft bore under stream crossing near pump station (Eno Emo Gravity System & tonveyanceSvstem)
� 1UOft bore under SIR 75z along force main route (Eno smo Conveyance System)
= 1O04t bore under railroad along force main route (Eno EDo Conveyance System)
spifflith
8-3
16
|
�
|
'—
�
ME=
Sewer - 8-inch DIP
71k77
Lf
12,123
$620,8001
Jack & Bore
Lf
120 2
$60,000
Eno EDD Gravity System
Gravity Sewer - 12-inch DIP
Lf
368
$ 25,000'
Gravity Sewer Manhole 3
Ea
45
$270,000
Pump Station 4
MGD
0.7
$486,00,0
8-inch Force Main 4
Lf
7,000
$315,000
8-inch Jack & Bore
Lf
160 5
$80,000
Eno EDD Conveyance System to
12-inch Gravity Sewer
Lf
11,300
$757,100 6
Durham Sewer System
12-inch Jack & Bore
Lf
100
$65,000
Gravity Sewer Manhole3
Ea
38
$228,000
Traffic Contro17
Lf
8,000
$180,000
Pavement Replacement
Sy
1,000
$42,000
Subtotal
$3,129,000
5% Mobilization
$ 160,QOO
Subtotal
$3,290,000
Subtotal
$3,620,000
25% Contingency
$ 910,QOO
Subtotal
$4,530,000
20% Engineering, Permitting, and Admipistration
$ 910,Q00
TOTAL
$5,440,000
moTes
1) Cost reflects various depths of cover. Not shown |xtable for clarity.
2) Jack & Bore costs reflect two (2) GQ4tbores, See Note nD.
3} Gravity sewer manhole spacing of3OOfeet.
4) Pump station and"uasociated force main sized for year 2O45.
s) Jack & Bore costs reflect one (1)1OO4t bore and one (z) sO4tbore. See Note 1U.
D) Cost assumes I0-feetnfcover.
7) Traffic control required during installation offorce main along Hwy 7O.
o) Eno EDD gravity sewer system was sized based on High flow scenario with a peaking factor of 2.5
g) Cost does not reflect pump replacement by2oSs.
zB) Jack & Bores were assumed for:
= 6O~ft bore under Hwy 70 (Eno som Gravity System)
M 6O~ft bore under stream crossing near pump station (Eno Emo Gravity System & tonveyanceSvstem)
� 1UOft bore under SIR 75z along force main route (Eno smo Conveyance System)
= 1O04t bore under railroad along force main route (Eno EDo Conveyance System)
spifflith
8-3
16
|
�
|
'—
�
Eno EDID Conveyance System to
Durham Sewer System
------
'
~`
- mtrvcGmn Comt — HKghNastmmater F| mv Scenario
Gravity Sewer - 8-inch DIP
Lf
6,669
$ 358,00O
Jack & Bore
Lf
120 2
$78,000
Gravity Sewer - 12-inch DIP
Lf
5,822
$ 420,000'
Gravity Sewer Manhole 3
Ea
45
$270,000
Pump Station 4
MGD
1.2
$540,000
12-inch Force Main 4
Lf
7,000
$378,000
12-inch Jack & Bore
Lf
160 5
$104,000
18-inch Jack & Bore
Lf
100
$125,000
Gravity Sewer Manhole 3
Ea
38
$228,000
Traffic Contro17
Lf
8,000
$180,000
Pavement Replacement
F SY
1,000
$42,000
Subtotal
$3,943,000
5% Mobilization/Demobilization
$200,000
Subtotal
$4,140,000
10% Contractor OH&P
$414,000
Subtotal
$4,550,000
25% Contingency
$1,140,000
Subtotal
$5,690,000
20% Engineering, Permitting, and Administration
t $ 1,140,000
TOTAL $6�30,OUU
Notes:
1) Cost reflects various depths of cover. Not shown in table for clarity,
Z) Jack & Bore costs reflect two (Z)GO4tbores. See Note 10.
3> Gravity sewer manhole spacing of3OBfeet.
o) Pump station sized for 3O year flows.
s) Jack & Bore costs reflect one (z) 1OU-ft bore and one (z) Gd4tbore. See Note zO.
6) Cost assumes 1S-feetmfcover.
7} Traffic control required during installation of force main along Hwy 10.
i dase on � based High ri��ithapeukinQfactorof25
D) snosmoA�vityoewerxyxte�w�ss�e flow �
9) Cost does not reflect pump replacement byzo35.
10) Jack & Bores were assumed for:
• 5O4t bore under Hwy 70 (Eno coD Gravity System)
• 60-ft bore under stream crossing near pump station (Eno EDD Gravity System & Conveyance System)
• 1OO-ft bore under Sa751 along force main route (Eno son Conveyance System)
= 1OU4t bore under railroad along force main route (Eno EmoConveyance System)
84 ��th
17
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- Jazza
IN
Construct the pump station and force main to convey only near-term wastewater flows, with
the understanding that both will need tuhe upgraded iu the future. This option will cost
significantly more money for the County over the lifetime of the project, but have a lower initial
capital cost. Additional modeling and engineering evaluation will bo required tndetermine
where and how much wastewater flow can be discharged in the City's system and what the
required infrastructure will be.
8~3 Recommendations
The County has included approximately $1,500,0,00 in their Capital Improvement Program to fun d
design and construction of water and wastewater improvements in the Eno EDD. Based on the cost
estimates presented in Tables 8-2 and 8-3, there is not currently enough funding available to construct
the recommended wastewater infrastructure for either wastewater flow scenario. Therefore, the
County will have to consider alternatives in order for this project to continue to move forward,
possibly in addition to the cost reduction options presented in Section 8.2. Based on 6iscussions with
County and City staff, the following alternatives may bocoosidered.
8°3~1 Alternatives
Alternative 1— Design and Construction of Improvements
This alternative includes continuous design, permitting, bidding, and construction ofthe
recommended improvements. In order for this alternative to move forward, County will bm
required to reallocate funds to increase their available budget from $1,500,000 to the desired scenario
estimate, presented in Tables 8-2 and 8-3. If design of the improvements were to begin in early 2014,
construction would be estimated to start io early 2015. ,
Alternative 2—Full Design of Improvements
This alternative includes development ofa complete design nf any necessary
permanent easements should also be included iu this alternative. Permitting, bidding, and
construction will be put on hold until additional funding can be secured. The permitting is put on hold
because permit approvals have limited durations and could expire before construction funding is
secured. This alternative will allow the County to make use of most of their currently available funds
to keep the project zooniogfunwurduntbutoucatboaddibnua|fuudingiscoudeavailoble,tbepnjocL
can more quickly advance into permitting, bidding, and construction. Based on the cost presented in
Table 8-2, the full design ia expected tocust\eas than $1,130^OU0. The cost will bo less since
permitting would not be included iu this phase.
Alternative 3—Preliminary Design of Improvements
This alternative includes development of preliminary design documents, which are assumed to be
around the 5O percent design stage. Final design, permitting, bidding, and construcdOu will be put ou
bnlduotDuddibnuuIfuudiu800ubeseoured.Tbiyalt*cuu1bevvUluDom/d`:CouotyLAouukensaof
some of their available funding to keep the project moving forward so that once the additional funding
is made available, the project can more quickly advance.
The preliminary design is eNpected to include an additional data collection effort, which would include
aonney and geotocbnicaU investigation, followed hn development of preliminary design drawings and
key technical specifications. Additional work could also be included such as prelimin �ry-coordination
with regulatory ag000ioxandpnbUcmotraacb.Looduogois0tioo[ortbepcupoaedpu,dpatatinocoold
8-5
Section 8 a Conclusions and Recommendations
be performed. However, it may not be appropriate to acquire permanent easements, if any are
required, based on the preliminary status of the design.
The cost to perform the preliminary design can be provided upon request, but can be assumed to be
less than the $1,130,000 identified in Table 8-2 for full design and permitting.
Alternative 4 — Hold Project Indefinitely
This alternative puts the entire project on hold until additional funding can be secured by the County.
This alternative will result in the longest schedule, as no upfront design work will have been
completed. This alternative can also put the project at greater risk for significant changes as
development and roadway modifications could impact the proposed alignments, which could in turn
increase the cost of the project.
8.3.2 Recommendation
Based on the alternatives presented above, it is CDM Smith's recommendation that the County move
forward with Alternative 2, which includes full design of the recommended improvements, but
holding on the construction until additional funding can be secured. This alternative provides the
following benefits:
Avoids the need for an immediate reallocation of funds compared to Alternative 1.
Allows, the County to make use of the funds that are currently available for the project,
compared to Alternative 4 and partially for Alternative 3.
Allows the County to acquire the necessary easements, if any are required, compared to
Alternatives 3 and 4.
* Allows the County to continue moving the project forward, compared to Alternative 4.
* Reduces the overall schedule compared to Alternatives 3 and 4.
Allows the County to move immediately into permitting, bidding, and construction once the
available funds are secured, compared to Alternatives 3 and 4. Being able to quickly implement
the infrastructure will be much more attractive to potential developers.
8-6 With
20
TaNe of Contents
Section 1 Introduction
1.1
B�e� m�C���a._—_____�~'��__-_���~�__— �1
1.2
Prooit/�roa--._-----_____,___,____..~________~_._,~.____.____,..
11
'
1.3
Scope nf Study ---.`_—.~..~___-.__,__.________,___,__,___~.___.
1-3
1.4
Report ynrozat-..--_..~__~__,__~__.~.______.___.~__~.___~_~_.__.__
1-3
Section
2 Water Demand and Wastewater Flow Projections!
2.1
Land Use As .........
-
%1
2.2
VVatmrDouxuodPr�echouu—.—.__—.--~.--._—_._—.~.---__~._^__—.~._.
3�
'
3.3
\�usUavvutorF1ovvPr 'ecdoos--_--"--..--_.--..--~--._-~--.----~~--------.
2-5
Design CriUeda--..---.-_--~_-_--_----~~---~~--~.------~_------_.-..
26
Section 3 Evaluation of Existing Water Infrastructure within Eno EDD
3-1
3.1 Ezis�uglu�uutcucture-._--_--_--...-..--..--.---.--_.--.--..-~.--~.--_---
3-1
3'2 \�utor Distribution SvstyouEvalnebou..---_._-_--_--~--~-_'._-.--~.-----_.
31
3.3.2 Model Set-Up and Evaluation Criteria ................ ....................................... ....................... ............ 3-1
3-3
3.2.3 Hydraulic Lapoc�y8uu�o/s--.--.-----.---.--.---.-_...--_------._-'
3-4
Section 4 Proposed Wastewater Collection System within the Eno EDD
4'1
4.1
Existing Wastewater Collection System .... .................. . ..................................................
............................
4.2
Eno EDD Physical Feu�zroa_-.--.--.--~--~---_--.~---^'_-----_--_---.--.
4_1
4.2.1 Roudvvaya-._--.--_.-._--.-_.--.---.---._—.~--.~--__-~.--..--..-.
'�'1
/�2.2 Hydro -~_. .....................................................................................................
_
42
�L2.3 Topography .-..-----.—~_--_-_-..--_---.'_-_..---.'--.~..--.---.--
~44
�'4
4.3
Design CriUeda--..---.-_--~_-_--_----~~---~~--~.------~_------_.-..
4.3.1 PriodtyService Arean-.--.-~^~--.---_--~~---._.--.-.--._.--~--._----..
4-�
��
4.4
Proposed \0ootewm�erSys1aoo-.--.--..--~.--.~.---~---..----------~--~_-....
�
-
�S
4/&.1 Peaking Factor --_...--._~--~--~---.----.^----_---,--_--.~-_,-_~,..
��
4/&2 Gravity Sovver---.--.--.--.--.--_----..---~_--.._--.--.-_---~_..
4.4.2.1 Pipe Depth Analysis -.-.-------..---~---~---------..--.--_..
-
/1 �
4.4.3.2 Pipe Capucd��-.-...--.---.--.~.----_--__---._-_--_--..~._-..--
4lU
'
4/�3 �un�0D9uznp3tatk�u--..--__..--_~__~-_—.--~--_-.-~_~--~
-
412
4.4.3.I Pump Station Location ...........................................................
.......... .-............................. 4-l2
4/&3.2Poozp Station Capoo¢y_._—..--._.__.--..-_---._~_—.—_...
4-lJ
413
Table ofComrmz e Eno Economic Develop ment District Water and SewerSystemPnoject- Draft;Waue/PbpReport
SlectionGConveyance to City of Durhain's Wastewater Collection System
5.1 Eno BDD Force Main Discharge Alternatives .................... ..... ..... ....................................... .............
5-1
5.1.1 Alternative Discharge Locations ....................................... ............................... ........................... ...
5'1
5.1.2 loterbusbn Transfer Considerations ........... —............. ...................................................... ........
5'3
52 Hydraulic Mod .....__'—_______—__. _____—..........___5-3
7-1
5.2.1 Estimated Peak Hour Design Flows from Eno 8DD ...................... ........................................
5-3
5.2.2 Eno and RU*rbo Creek 0utbuD-Modo Set-Up ............................ ___ ................... .................. .......
5-4
5.2.3 Mud Creek Uotball Model Set-Up ............................ ........ ... . .......... ...................... .... ....................
5-4
5,.3 Capacity Analysis ............................... .................... ......................................................................................... .......
5-6
S.3.1 Eno Uotbdl ..................... ........................ ._._-'- ........ .................................. ...... ......... ................
5'6
G.3.2 EDexbo Creek 0udall .... ............................................................. ............ .......................... ............
S'6
S.33 Mud Creek Umtbdl ..................................... ............. ............................... ........................................ --.5'6
Air Quality Registration...... .......................................................................................................... ............. .......
7'3
7.8
Section 6 Engineers of Probable Construction Cost
6.1 Construction Cost Assumptions ._-----.—.-----...__—__—____—__6-1
62 Projections Unit Costs to Future Values ........... ___ .................................................. 6�-2
Section 7 Permit Requirements
7.1
Construction Cost Assumptions... ..............................................................
7.2
Authorization tnCuustcoct~ ........ ................... ................................................................ ....... ....................
7-1
7.3
Nationwide Permit/ Water Quality Certification ..................... .................................. .................. ...........
7-1
�4
Sediment and Erosion Control Plan .... ....... ...... .............................................................. ...........................
7'2
I.S
Falls Lake Nutrient Management Strategy ............ ._......... ......................... ..........................................
7-3
1.6
Building Standards Permit ........................... ................. ...................... ..........................................................
7-2
1.7
Air Quality Registration...... .......................................................................................................... ............. .......
7'3
7.8
NC DOT ....._ ........ _..........__ ............. .................................................
7-3
7.9
Railroad .................. ...................................................... ............. ....................................................... _............
7'3
Section 8 Conclusions and Recommendations �
8.1 Conclusions.. ........................................................................
8.2 Cost Reductions Options ............. _-.......... ............. ........ ............. ........ ...................................... 8-2
8.3 Recommendations ................................... ................. ........................................................................................ O`5
8.3.1 _____ ..........................
Appendices
»�������ux�ces
.'
Appendix A- Capacity Analysis Figures
21
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Table nf Contents w Eno Economic 0eweAapment0btr�c VVaterandSewerSystemPnoject - DeftMagerP|anPePo*
List of Tables
Table 2-1 Eno, EDD Acreage bv Future Land Use ......................... _..- ................... ........................................ 2'1
Table2-2 Water Demand Factors ..... ............. ............................. ......................................... .............................. 2'3
Table 2-3 Demand and Flow Factors based mu Parcel Area (Low Scenario) .................................
Table 2-4 Demand and Flow Factors based oo Parcel Area (Mid Scenario). .........................................
Tab 2-5 Demand and Flow Factors, based mm Parcel Area (High —____—_'2-4
Table2-6
Water Demand Factors ................................................................................. ...................................... 3-5
Table 2-7
Summary o[ Avg. Day Water Demand 8Wastewater Flow Projections ....................... .2'6
Table 3-1
Summary of Demand along US7Q Transmission Main bu Orange ............ ......... 3-2
Table 3-2
Minimum Pressure along Exio�og Water Transmission Main iu Eno EDD ......................
3'3
Table 3-3
Velocity, 8000oss,and Fire Flow along Existing Water Transmission
.6'4
Table 6-2
Opinion nf Probable Construction Cost- High Scenario ... -.....................................................
6-S
Table4-1
Depth of Cover ......... ........................................... .............................. ..................................... .............
4-1O
Table4~2
Pipe Diameters ..................................... .............. ............... ................... ........ .--..........................
4-1%
Tab 5-1
Summary of Peak Flows for Hydraulic Modelling ___—__ ...........................................
Table 6-1
Opinion of Probable Construction Cost- Low Scenario .......................... ..................................
.6'4
Table 6-2
Opinion nf Probable Construction Cost- High Scenario ... -.....................................................
6-S
Table 6-3
Individual Co�g�ouomt Costs- CovvScOuorio--_--.-..-._.--_----_-------.6-6
Table 6-4
Individual Component Costs- High Scenario ................. ...............................................................
6-7
Table 8-1
Summary of Avg. Day Water and Demand and Wastewater Flow Projections ..............
8-1
Table 8-2
0piuiouofprbbableCoosLrnctiouCndL-LuvvVVaxtovnaterFkmvScouado--_.-_-.8-3
Table 8-3
Opinion of Probable Construction Cost- High Wastewater Flow Scenario ....................
_8-4
Figure 2-1
Figure 2-2
Figure 4- 1
Figure 4-2
F 4
-
Figure ' 3
Figure ' 4
- 4
F 4
'
Figure - 5
Figure '
F- r 47
Figure -
Figure 5-1
'
Figure 5-2
Figure 6-1
~
Figure 6-2
44177 1 fin,
Eno BDD Proposed Future Luodune ........ ....................................... ................................................. 2'2
Future Average Day Water Demand Projection Scenarios .... ........ '............................ ....... 2'7
EnoEDD Physical Features .............................................................................................. ......... ........... 4-3
Old AutomuWuod Drive ut Rhodes Creek ...... .......................................................... ..................... 4'2
Eno8DD Elevation Pro0be .......................................................................... ............. .................. ....... 4-6
EooEDD Priority Service Areau— ...................... ..................... ...... ................................................. 4-7
Eno 8DDGruVity Sewer System Pipe Alignments ..—..._.__—__--.__-'4-8
Eno 8DDGraVdy Sewer System Contributing Areas .................................. ............................ 4'l1
Eno EDD Proposed Wastewater System ............................................... ....................................... 4-14
Eno 8DD Force Main Discharge Alternatives ................................................................................ G'%
Eno BDD Modeled Pipes iu the Eno, EUocbe Creek and Mud Creek 0ntfads ..................... G-5
Eno B0DADntoted Component Costs- Low Scenario ................ ................ ............................... 6-O
22