HomeMy WebLinkAboutAgenda - 05-19-2015 - 6iORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 19, 2015
Action Agenda
Item No. 6 -i
1
SUBJECT: Interlocal Agreement with OWASA for Design of Wastewater Collection System
Improvements in the Historic Rogers Road Neighborhood
DEPARTMENT: County Manager PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
Bonnie Hammersley, 245 -2300
1) June 3, 2014 Interlocal Agreement John Roberts, 245 -2318
Relating to OWASA's Assistance To
Orange County Planning of Waste
Water System Improvements to
Serve The Rogers Road Area
2) Proposed Interlocal Agreement with
OWASA for Design of Wastewater
Collection System Improvements in
the Historic Rogers Road
Neighborhood
3) OWASA Historic Rogers Road Area
(HRRA) Sanitary Sewer Extension —
Project Schedule
PURPOSE: To approve and authorize the Chair to execute an Interlocal agreement with
Orange Water and Sewer Authority ( OWASA) for the design of the wastewater collection system
improvements in the in the Historic Rogers Road Neighborhood.
BACKGROUND: On March 6, 2014 the Board authorized the Manager to-
1 . Negotiate a cost sharing agreement with the Towns of Chapel Hill and Carrboro
for a preliminary engineering estimate to provide sewer service to the 86 parcels
identified by the Task Force not to exceed $130,000.
2. Negotiate a contract with OWASA for a preliminary engineering estimate to
provide sewer to the 86 parcels identified by the Task Force not to exceed
$130,000.
3. Negotiate a contract with the Jackson Center for Rogers Road Neighborhood
engagement, not to exceed $50,000.
Both the Town of Chapel Hill and the Town of Carrboro reviewed preliminary engineering to
provide sewer to the 86 parcels in the Historic Rogers Road Neighborhood identified by the
Task Force and the Rogers Road Neighborhood outreach to be completed by the Jackson
Center. The governing boards of each town subsequently authorized moving forward on these
items.
On May 8, 2014 the OWASA Board of Directors approved the Interlocal Agreement relating to
OWASA's assistance to Orange County in planning for extension of Wastewater System
Improvements to the Rogers Road Area (See Attachment 1).
The Board of Commissioners approved the Interlocal Agreement on June 3, 2014.
Next Steps:
The preliminary engineering study to provide sewer to the 86 parcels identified by the Task
Force was completed in March 2015. Based on the findings from the study, the consultant has
estimated the project costs to install 3.5 miles of sewer lines at $5.7 million to include
engineering design, permitting, bidding, construction, construction administration, construction
observation and contingency. This amount does not include costs for private plumbing
installation, easement acquisition or OWASA connection fees. OWASA will work with the
County, Towns and consultant to develop estimates for these costs as the project proceeds.
Staff estimates it will take no less than two years to design, permit, bid and construct the sewer
lines (the easement acquisition process can impact the schedule).
Understanding the importance of keeping the project moving, Orange County and OWASA have
developed the attached inter -local agreement for Board consideration to continue OWASA's
management of the next phase of the project (engineering design and permitting) to begin in
July 2015. Staff estimates the cost of design and permitting at about $370,000 (not including
easement acquisition) and it will take about a year to complete.
The next step is to approve the Interlocal agreement with Orange Water and Sewer Authority
( OWASA) for the design of the wastewater collection system improvements in the Historic
Rogers Road Neighborhood (Attachment 2).
FINANCIAL IMPACT: The total cost to the County (43 %) for the design of the wastewater
collection system improvements in the Historic Rogers Road Neighborhood is $159,100.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
Chair to sign the Interlocal Agreement with Orange Water and Sewer Authority ( OWASA) for the
design of the wastewater collection system improvements in the Historic Rogers Road
Neighborhood (Attachment 2).
Attachment 1
INTERLOCAL
RELATING TO 1 c, . ASSISTANCE 1 ORANGE COUNTY PLANNING O R,
EXTENSION OF WASTEWATER SYSTEM IMPROVEMENTS TO SERVE THE
ROGERS ROAD AREA
This Interlocal Agreement for the preliminary engineering for a wastewater system
project in the Rogers Road Area is dated as of 3 , 2014, and is entered into by and
between Orange Water and Sewer Authority (hereinafter OWASA), an authority organized under
Chapter 162A, North Carolina General Statues, and the County of Orange (hereinafter County),
organized under Chapter 153A of the North Carolina General Statues.
WHEREAS, the County desires at its expense to begin planning for the provision of
wastewater system lines and facilities to serve residents located in the Rogers Road area of
southern Orange County, herein the "Project," which will be connected to lines in areas already
served by OWASA's existing public wastewater collection lines and facilities; and,
WHEREAS, the County is to determine the scope of the Project; and
WHEREAS, the County desires to obtain OWASA's assistance to obtain preliminary
engineering work necessary to determine the scope and predict the costs of this Project, to the
end that the Project improvements will be constructed and extended in accordance with
OWASA's collection system standards, into which the Project lines will flow; and
WHEREAS, OWASA desires and is willing to assist the County with the successful
completion of this Project work;
NOW, THEREFORE, the parties agree as follows:
Purpose. The purpose of this Agreement is to establish the financial and other
responsibilities of the parties for certain preliminary engineering necessary to determine the
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Page 2 of 5
scope of the Project, as will be described in Exhibit A, as the same may be revised from time to
time by the parties.
2. Preliminary Engineering Activities.
a. OWASA shall undertake to prepare or have prepared preliminary
engineering work to assist the County in deteiillining the scope, location, design, and course of
work that will be necessary to complete the Project. To the extent known and available at the
time this Agreement is executed, the nature and extent of the Project shall be as described in
Exhibit A, to be attached. If not available at the time this Agreement is executed, Exhibit A may
be hereafter provided, or amended from time to time, by the parties, at the County's direction.
b. OWASA shall employ engineers and consultants as necessary to assist in
this work. OWASA's staff may also assist in this work. OWASA shall be solely responsible for
costs incurred by its own staff work. Orange County shall reimburse OWASA for the costs of
work by outside engineers and consultants engaged by OWASA, with the County's concurrence,
for this work.
C. Design plans for the Project shall be consistent with OWASA's usual
standards and specifications, and shall be executed in accordance with OWASA's usual
procedures, as well as with the County's directions as to scope of the Project facilities. OWASA
shall develop the draft scope for this preliminary engineering work; provided, both the County
and OWASA shall approve the final scope of work for the preliminary engineering work for the
Project.
d. The costs of the preliminary engineering for the Project shall initially be
paid for by OWASA. Upon receipt of OWASA's invoices to recover the costs for this work, the
County shall reimburse OWASA for all costs associated with the preliminary engineering work
Page 3 of 5
for the Project. OWASA shall be solely responsible for the costs of its own staffs work in
coordinating the preliminary engineering work for the Project.
e. In order to ensure proper and effective project management, the
engineering consultant and any sub - consultants shall report to OWASA staff who shall work
closely with County staff to ensure the County's requirements for the Project are met. In the
event of any apparent conflicts between the County's and OWASA's requirements, the parties
shall work together to find reasonable compromise and accommodations for the Project,
consistent with OWASA's service standards.
f. In close coordination with OWASA and consistent with the need for
effective project management, the County Staff will have full access to the engineering
consultant(s) and all relevant sub - contractors, who, at the County's request, shall meet with the
County representatives or otherwise provide any information needed by the County on any
aspect of the Project. OWASA will authorize the engineering and consultant(s) and
subcontractors to meet with County representatives and to provide any information needed by
the County on any aspect of the Project.
g. The County shall be responsible for contracting with and coordinating
community outreach partnering with organizations such as the Jackson Center and Rogers
Eubanks Neighborhood Association to identify action steps to provide information and
assistance concerning the Project to the Rogers Road neighborhood.
h. Costs for the Project shall not exceed one hundred thirty thousand dollars
($130,000.00). Should the parties anticipate costs will exceed this amount the parties shall
consider an amendment to this Interlocal Agreement to address the cost increase.
Page 4 of 5
3. Ownership Interests of the Parties; Duration of Agreement; Funding; Miscellaneous.
Upon satisfactory completion of the Project, OWASA shall retain title to
products and deliverables obtained pursuant to this Agreement, and shall share such deliverables
with the County as the County may request.
b. The preliminary engineering responsibilities and obligations of the parties
shall continue until this phase of Project planning is completed.
c. The County shall allocate sufficient funds to pay for all the expenses
actually incurred, and for which it is responsible under the scope of this agreement.
d. Both parties agree that it may be necessary to change the scope of work
for the engineering consultant(s) required for the Project, and that any such changes must be
approved by both parties. However, OWASA shall keep the County fully advised with respect
to all change orders necessary for completion of the Project.
e. Payment of the engineering consultant(s) will be administered and made
by OWASA. The County will be invoiced monthly and will reimburse OWASA in full within
30 days for all expenses related to this Project.
f. Each party will designate a single point of contact for the day -to -day
administration for all aspects of this agreement for the express purpose of efficient project
management. It will be the responsibility of this contact person to disseminate information to
their respective organizations.
g. Both parties recognize the importance of timely reviews and approvals.
Each party will use their best efforts to provide and complete responses to issues dealing with
plan reviews, proposed change orders, payment, and project acceptance.
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Page 5 of 5
4. Amendments.
All amendments to this agreement shall be approved by both parties and must be
in writing. No amendments not in writing and executed with the formalities of this Agreement
shall be valid.
Trust and Support; Cooperative Effort.
Both parties agree that there are inany issues and details relating to the successful
completion of this project which are not specifically covered in this agreement. Both parties
further agree to observe as a guiding principle, "trust and support," with respect to successfully
resolving any issues which may arise during the duration of this agreement.
IN WITNESS WHEREOF, the parties have entered into and caused to be
executed in their names this Interlocal Agreement, to be effective from and after this
of , 2014.
ORANGE COUNTY
Pre -audit Certification by
County Finance Officer:
Approved as to form and legality:
Or "pie eounty Attorney
Pre -audit Certification by
OWASA Finance Officer:
G o/ //,7/
OWASA General Counsel
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Attachment 2
NORTH CAROLINA
ORANGE COUNTY
INTERLOCAL AGREEMENT
RELATING TO DESIGN OF A SEWER MAIN EXTENSION
PROJECT IN THE ROGERS ROAD AREA
This Interlocal Agreement is dated as of , 2015, and is entered into
by and between Orange Water and Sewer Authority (hereinafter "OWASA "), a special purpose
entity of local government organized under Chapter 162A, North Carolina General Statues, and
the County of Orange (hereinafter "County "), organized under Chapter 153A of the North
Carolina General Statues.
WHEREAS, the County desires at its expense to design a public sewer collection system
project of mains and other necessary components, to provide sewer collection service to
presently unserved properties in the area shown on the' attached Exhibit A, (herein referred to as
the "Project "), and
WHEREAS, the Project is designed and intended to collect wastewater from the
properties located in the presently unserved area shown on Exhibit A, attached hereto, (the
"Project Area"), which is adjacent to areas presently served by OWASA, with the understanding
that the wastewater collected in the Project Area will be caused to flow into the existing
OWASA wastewater collection system, and be treated and may be used as reclaimed water or
returned to the surface waters of the State after treatment as required by existing OWASA
permits from NC DENR; and
WHEREAS, the County has called on OWASA, and OWASA has agreed, as County's
agent to undertake certain design services for and on behalf of the County, to assure that the
Project is designed in accordance with OWASA's standards for its own system facilities; and
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WHEREAS, OWASA and the County wish to cooperate to assure the successful
completion of this Project;
NOW, THEREFORE, the parties agree as follows:
1. Purpose. The purpose of this Agreement is to establish the financial and other
responsibilities of the parties for design of the sewer main extension project to serve the Project
Area, as represented in the map included in Exhibit A, showing the Project area.
2. Design Phase.
a. At the conclusion of the Preliminary Engineering Phase for the Project, as
that is defined in that previous Agreement between the parties dated , the
County shall determine and approve the service area, scope, and design parameters for the
Project, including the identification of each parcel of real estate (by PIN number) which County
determines shall be served or otherwise benefitted by the Project, all subject to and in accordance
with OWASA's usual design standards and system requirements.
b. Using its own employees, and such engineers, consultants and sub-
consultants as it deems appropriate, and in consultation with the County, OWASA shall
undertake to complete final design and surveying and the County will pay the costs of that work,
including the costs of OWASA's employees' work, all as necessary to complete the Project so as
to allow for its design in accord with this agreement.
During the design phase and prior to commencement of construction, the
County shall obtain all easements, permits, privileges and assurances necessary for the
construction and operation of the sewer system; such easements shall conform with the exclusive
easements customarily required by OWASA for construction of such projects, and shall be
assignable without the consent of the underlying fee owner to OWASA.
Page 2 of 5
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d. The Project shall be designed as a gravity -flow system, to the extent
practical, and shall be designed to provide access to every Property identified by PIN on Exhibit
A to connect and be served.
e. The County shall be responsible for payment and satisfaction of all
obligations arising out of the performance and completion of the Contract, due from it as Owner
of the Project, and shall indemnify and hold OWASA harmless from claims that may arise out of
the Contractor's performance, or out of the County's performance of its duties as Owner of the
Project, or that may be made against OWASA, except for such sums as may become due upon
the adjudication of gross negligence or willful misconduct on the part of OWASA's employees.
f. In order to ensure proper and effective Project management, OWASA
shall select and shall have charge of supervision of the engineering and other consultants who
shall oversee the design of the Project. Those professional engineers and consultants shall be
subject to the oversight and direction of OWASA's Engineer who shall have charge of
OWASA's responsibilities hereunder. The Engineer and other consultants selected by OWASA
shall report to OWASA staff, who shall work closely with County staff to ensure the County's
requirements for the Project are met. In the event of any apparent conflicts between the
County's and OWASA's requirements, the parties shall work together to find reasonable
compromise and accommodations for the Project. In close coordination with OWASA and
consistent with the need for effective Project management, the County Engineer or his/her
designated representative will have full access to the Engineers and consultants working on the
Project who shall upon request meet with the County representatives or provide any information
needed by the County on any aspect of the Project. OWASA will authorize the Engineers and
Page 3 of 5
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consultants to meet with County representatives or provide any information needed by the
County on any aspect of the Project.
3. The County shall allocate sufficient funds to pay for all the expenses incurred and
obligations imposed within the scope of this agreement.
4. Change orders required for the Project will be approved by OWASA. However,
OWASA shall keep the County fully advised with respect to all change orders necessary for
completion of the Project.
5. Payment of the Engineers and other consultants shall be made by the County upon
the approval and at the direction of OWASA. The County will be invoiced monthly and will
reimburse OWASA in full within 30 days for all expenses related to this project as provided in
Sections 2b. In addition, the County shall also reimburse OWASA all reasonable engineering
staff cost associated with its staff for overseeing and managing the Project. OWASA shall
itemize all such expenses in periodic invoices billed to the County.
6. Each party will designate a single point of contact for the day -to -day
administration for all aspects of this agreement for the express purpose of efficient project
management. It will be the responsibility of this contact person to disseminate information to
their respective organizations.
7. Both parties recognize the importance of timely reviews and approvals. Each
parry will use their best efforts to provide and complete responses to issues dealing with reviews,
approvals, and payment.
8. All amendments to this agreement shall be approved by both parties and must be
in writing.
Page 4 of 5
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9. Both parties agree that there are many issues and details relating to the successful
design of this project which are not specifically covered in this agreement. Both parties further
agree to share a guiding principle of "trust and support" with respect to successfully resolving
any issues which may arise during the duration of this agreement.
The parties have entered into this Interlocal Agreement this day of ,
2015.
ORANGE COUNTY ORANGE WATER AND SEWER AUTHORITY
Orange County Commissioners, Chair
Pre -audit Certification by
County Finance Officer:
Approved as to form and legality:
Orange County Attorney
" 0)
,'p -,A,"-
OW1 Board of D' ctor , rhair
Pre -audit Certification by
OWASA Finance Officer:
Page 5 of 5
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Attachment 3
OWASA HRRA Sanitary Sewer Extension — Project Schedule
. Tasks
15
Months
3 4 5 6 7 8 i 9 1 30 1 11 1 12 1 13 1 14 1 15 1 16 1 17 1 18 1 19 1 20 1 21 1 22 1 23
Days
* Notice to Proceed 1. Time may vary due to additional investigations, review, collaboration, and final corridor alignment
O Public Outreach Meetings selection.
2. Time may vary due to the number of additional soil investigations, buffer and wetland delineation, and
Q Deliverable additional historical /archaeological investigations required.
• Review Meetings 3. Time may vary due to easement acquisition and land appraisals (if needed).
4. Time may vary due to permitting agency approval process and if unusual permitting issues arise.
5. Time may vary due to rebid (if needed) or if legal issues arise.
6. Construction time could change due to unknown excavation issues and abnormal weather issues.
Exhibit 5 of the Historic Rogers Road Area Sanitary Sewer
Extension Preliminary Engineering and Field Investigations
Report - March 2015 (prepared by URS for OWASA)
Notice to Proceed
Overall Design
Preli,minary and
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Investigatio
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Permitting
MR •
■■■■■■■■■■CCQ.!■■■■■■■■■
Constructlion
* Notice to Proceed 1. Time may vary due to additional investigations, review, collaboration, and final corridor alignment
O Public Outreach Meetings selection.
2. Time may vary due to the number of additional soil investigations, buffer and wetland delineation, and
Q Deliverable additional historical /archaeological investigations required.
• Review Meetings 3. Time may vary due to easement acquisition and land appraisals (if needed).
4. Time may vary due to permitting agency approval process and if unusual permitting issues arise.
5. Time may vary due to rebid (if needed) or if legal issues arise.
6. Construction time could change due to unknown excavation issues and abnormal weather issues.
Exhibit 5 of the Historic Rogers Road Area Sanitary Sewer
Extension Preliminary Engineering and Field Investigations
Report - March 2015 (prepared by URS for OWASA)